3.10.030 Height Limits and Exceptions
A. Purpose. This Section describes the required methods for measuring the height of structures in compliance with the height limits established by this Development Code, and exceptions and restrictions to those height limits.
3.10.030 Standards for All Development and Land Uses
City of Grover Beach Development Code 3-13
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
B. Maximum height of structures. The height of each structure shall not exceed the height limit established for the applicable zone by Chapter 2 (Zones and Allowable Land Uses), except as otherwise provided by this Section.
C. Height measurement. The maximum allowable height shall be measured as the vertical distance from the average level of the highest and lowest point, measured from natural grade, of that portion of the lot covered by the building to the topmost point of the roof as shown in Figure 3.92. Natural grade shall be determined by the Director using the best available information.
Figure 3.92 – Height Measurement
D. Exceptions to height limits. The following structures and structural features may exceed the height limits of this Development Code as noted:
1. Architectural features. A chimney, steeple, tower, cupola, monument, mechanical equipment, vent, or similar structure unoccupied architectural feature may exceed the height limit by up to eight feet subject to approval of a Use Permit by the Review Authority; except Modification to Standards (Section 6.20.072).
Architectural features that exceed the height limit and are greater than eight feet require Use Permit approval.
2. Chimney or vent. Aa chimney or vent may exceed the maximum height of the applicable zone if required to meet Building Code requirements without requiring approval of a Modification to Standards (Section 6.20.072).
3. Mechanical equipment. Rooftop mechanical equipment and related architectural screening may exceed the height limit by up to eight feet subject to approval of a Modification to Standards (6.20.072).
Standards for All Development and Land Uses 3.10.030
3-14 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
4. Elevator shaft or stairway. An elevator or stairway to a rooftop deck/upper story open space that is no more than 100 square feet in area and set back from any building edge by at least five feet may exceed the maximum height limit by up to eight feet subject to approval of a Modification to Standards (Section 6.20.072).
5. Telecommunications facilities. The height of telecommunications facilities, including antennas, poles, towers, and necessary mechanical appurtenances shall comply with Section 4.40 (Telecommunications Facilities).
E. Restrictions to height limits at street corners.
1. Development adjacent to any public or private street shall be designed to provide a traffic safety visibility area or “sight triangle” for pedestrian and traffic safety (refer to Figure 3.310). For the specific sight triangle calculation refer to the City’s Standards and Specifications for sight triangle.
Figure 3. 310 – Sight Triangle Example
1 2. Applicability. The Sight Distance Triangle requirements are applicable to every intersection of two or more public or private streets.
2 3. Location. At street intersections, the area behind the existing or future sidewalk at the corner must be clear of any obstruction that may impair visibility of oncoming vehicles.
3 4. Area Required for Sight. The City of Grover Beach Engineering Standards and Specifications shall be used to determine the dimensions of the sight triangle for corner sight distance.
0 Standards for All Development and Land Uses
City of Grover Beach Development Code 3-15
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
4 5. Use of No Parking Areas to Maintain Visibility. Red curbing may be used to establish no parking zones, as approved by the City Engineer.
3.10.035 Lot Coverage and Exceptions
A. Generally. Structures included in lot coverage calculations shall include buildings or structures that are 30 inches in height or more above adjacent existing grade. The size of all buildings and structures shall be measured from exterior walls, exclusive of projecting, unenclosed architectural features.
B. Excluded from Lot Coverage. The following features shall not count toward lot coverage.
1. Patio covers and trellises that are open on at least two sides (up to a maximum of one detached or attached) up to 120 square feet.
2. Uncovered swimming pools and spas, sports courts, and other athletic and/or recreational surfaces that are not more than 30 inches above the adjacent finished grade, at any point, on which they are placed.
3. Cornices and eaves.
4. Front entrance stairs and stoops if uncovered and not more than four feet above grade.
5. Chimneys.
6. Outdoor kitchens and fire pits.
7. Bay and greenhouse windows located on the first floor if all the following conditions are met:
a. Footprint of each window shall not exceed 20 square feet; and b. Total cumulative bay/greenhouse window area shall not exceed 60 square feet.
8. Uncovered balconies projecting up to four feet from the building.
9. Basements.
10. Mechanical equipment.
11. Upper floor cantilevers projecting up to 30 inches from the building.
12. Any attached or detached Accessory Dwelling Unit that complies with the provisions of Section 4.10.015 (Accessory Dwelling Units).
13. Tiny homes that comply with provisions of Section 4.10.215 (Tiny Homes on Wheels in Residential Zones).
Standards for All Development and Land Uses 3.10.040
3-16 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
3.10.040 Outdoor Lighting
A. Purpose. TheThis Section provides standards for outdoor lighting of non-residential uses to minimize light and glare on adjacent properties. The intent of these standards is that to limit outdoor lighting be limited to the minimum necessary for safety and security.
B. Development standards. New outdoor lighting on non-residential for all development projects shall comply with the following requirements:
1. An outdoor light fixture Light fixtures shall be limited to a maximum height of 20 feet or the height of the nearest building, whichever is less. The Review Authority may approve a fixture in excess of 20 feet if it determines that the additional height will provide lighting that still complies with all other requirements of this Section.
2. Outdoor lighting shall utilize energy-efficient (high pressure sodium, low pressure sodium, hard-wired compact florescent, or other lighting technology that is of equal or greater energy efficiency) fixtures/lamps.
3. Lighting Light fixtures shall be shielded or recessed to minimize light bleed to glare impacts on adjoining properties, by ensuring that the light source (e.g., bulb, etc.) is not visible from off the site property and confining glare and reflections within the boundaries of the site to the maximum extent feasible within the property boundaries.
4. Each light 3. Light fixtures shall be directed downward and away from adjoining properties and public rights of-way, so that no on-site light fixture directly illuminates an area off the site.
4. Lighting for (including access to) upper story/rooftop decks shall be designed and maintained to prevent lighting from shining onto adjoining properties either via shielding, orientation, and/or candle-power limits.
5. Outdoor lighting shall utilize energy-efficient fixtures/lamps such as light-emitting diodes (LED), compact fluorescent lamp (CFL) lights, or other energy-efficient fixtures.
6. Non-residential outdoor lighting affixed to poles shall not exceed 20 feet in height.
7. Non-residential uses shall provide lighting that complies with International DarkSky Association standards. 5 8. In the Coastal Zone, all lighting shall be designed to protect against impacts to coastal resources, including biological and visual resources, as required by the Local Coastal Program. (Am. Ord. 14-04)
0 Standards for All Development and Land Uses
City of Grover Beach Development Code 3-17
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
3.10.045 Open Space for Residential Uses
A. Useable. All required open space shall be usable as defined in Section 9.10.020 (Definitions of specialized terms and phrases) and shall include no obstructions other than devices and structures designed to enhance its usability, such as fountains, planters, benches, play equipment, swimming pools/spas, landscaping, trellises, pergolas, umbrellas, and similar structures.
B. Minimum Required. Open space shall be provided for all multi-unit dwellings in multi-unit and mixed-use developments as shown in Table 3.2. Minimum open space requirements may be met through private open space, common open space, or a combination of both private and common open space. For mixed-use projects, open space requirements shall only apply to the residential component.
Table 3.2 Minimum Open Space Standards
R2 CR2 R3 CR3 Commercial and
Industrial Zones
Ground floor units
Studio Unit
1 bedroom unit
2+ bedroom unit
(SF)
100
120
140
(SF)
100
120
140
(SF)
100
120
140
(SF)
100
120
140
(SF)
N/A
N/A
N/A
Second floor or above units
Studio Unit
1 bedroom unit
2+ bedroom unit
(SF)
100
120
140
(SF)
100
120
140
(SF)
60 72
84 (SF)
60 72
84 (SF)
60 60
60 C. Private Open Space. The minimum dimension, width or depth, of any private residential open space shall be five feet. The private open space shall be accessible from within the unit and may include patio areas, balconies, and decks, but not stairs, entrance decks, stoops, and/or landings.
D. Common Residential Open Space.
1. The minimum dimension, width or depth, of any common residential open space area shall be 15 feet.
2. In residential zones, common open space requirements may be met within the rear and side setback areas, if minimum dimensions are met. Front yard areas shall not be considered as contributing toward common open space.
Standards for All Development and Land Uses 3.10.050
3-18 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
3.10.050 Performance Standards
A. Purpose. This Section provides performance standards that are intended to minimize various potential operational impacts of land uses and development within the City, and promote compatibility with adjoining areas and land uses.
B. Applicability. The provisions of this Section apply to all new and existing land uses, including permanent and temporary uses in all zones, unless an exemption is specifically provided. Uses existing on the effective date of this Section shall not be altered or modified thereafter to conflict with these standards.
C. Air emissions. No visible dust, gasses, or smoke shall be emitted, except as permitted by the San Luis Obispo Air Pollution Control District or as necessary for the heating or cooling of structures, and the operation of motor vehicles on the site.
D. Combustibles and Explosives. The use, handling, storage and transportation of combustibles and explosive materials shall comply with the City’s Building and Fire codes, and all other applicable State and local regulations.
E. Dust. Activities that may generate dust emissions (e.g., construction, grading, commercial gardening, and similar operations) shall be conducted to limit the emissions beyond the site boundary to the maximum extent feasible. Appropriate methods of dust management shall include the following, subject to approval by the Public Works Director.
F. Ground vibration. No ground vibration shall be generated that is perceptible without instruments by a reasonable person at the property lines of the site, except for vibrations from temporary construction or demolition activities, and motor vehicle operations.
G. Liquid waste. No liquid shall be discharged into a public or private body of water, sewage system, watercourse, or into the ground, except in compliance with applicable regulations of the Regional Water Quality Control Board.
H. Noise. All uses shall comply with the City’s noise standards in Municipal Code Article III.
I. Odors. No obnoxious odor or fumes shall be emitted that are perceptible without instruments by a reasonable person at the property line of the site.
J. Radioactivity, electrical disturbance or electromagnetic interference. None of the following shall be emitted:
1. Radioactivity, in a manner that does not comply with all applicable State and Federal regulations; or
2. Electrical disturbance or electromagnetic interference that interferes with normal radio or television reception or with the function of other electronic equipment beyond the property line of the site; or that does not comply with all applicable Federal Communications Commission (FCC) and other applicable State and Federal regulations.
3.10.060 Standards for All Development and Land Uses
City of Grover Beach Development Code 3-19
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
K. Historic resources. Changes to any registered historical building shall be consistent with the Secretary of Interior Standards.
L. Archaeological and paleontological resources. If archaeological or paleontological resources are surfaced in the course of excavating or grading for a development project, such excavation or grading shall cease until the developer or other responsible party arranges for the professional recovery of the resources, as determined by the Director and in compliance with any applicable State and federal laws.
3.10.060 Reasonable Accommodation
A. Purpose.
1. The Acts. This Section provides a procedure to request Reasonable Accommodation for persons with disabilities seeking equal access to housing under the California Fair Employment and Housing Act, the Federal Fair Housing Act, and the Americans with Disabilities Act (ADA) (also known as the Acts) in the application of zoning laws and other land use regulations, policies, and procedures.
2. Adjustment to physical design standards. A Reasonable Accommodation is typically an adjustment to physical design standards (e.g., setbacks) to accommodate the placement of wheelchair ramps or other exterior modifications to a dwelling in response to the needs of a disabled resident.
B. Applicability.
1. Eligible applicants.
a. A request for Reasonable Accommodation may be made by any person with a Disability when the application of a development standard or other land use regulation, policy, or practice acts as a barrier to fair housing opportunities. b. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having this type of impairment, or anyone who has a record of this type of impairment.
c. This Section is intended to apply to those persons who are defined as disabled under the Acts.
2. Eligible request.
a. A request for Reasonable Accommodation may include a modification or exception to the practices, rules, and standards for the development, siting, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. In addition, the applicant may request a reduction to the required parking standards based on a reduced need for parking.
Standards for All Development and Land Uses 3.10.060
3-20 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
b. The application shall include the information and materials specified in the Department handout for Reasonable Accommodation applications, together with the required fee in compliance with the Master Fee Schedule. c. It is the responsibility of the applicant to provide evidence in support of the findings required in Subsection D (Required Findings).
C. Permit Requirements. An Administrative Development Permit shall be approved by the Director.
D. Required findings. The approval of an Administrative Development Permit shall require that the Director make the following findings:
1. Whether the housing, which is the subject of the request, will be used by an individual defined as disabled under the Acts;
2. Whether the request for Reasonable Accommodation is necessary to make specific housing available to an individual with a disability under the Acts;
3. Whether the requested Reasonable Accommodation would impose an undue financial or administrative burden on the City;
4. Whether the requested Reasonable Accommodation would require a fundamental alteration in the nature of a City program or law, including but not limited to land use and zoning;
5. Whether there are alternatives to the requested waiver or exception that could provide similar benefits to the applicant with less potential detriment to surrounding owners and occupants or to the general public;
6. Physical attributes of the property and structures; and
7. Alternate Reasonable Accommodations that may provide an equivalent level of benefit.
E. Conditions of Approval. In approving a request for Reasonable Accommodation, the Director may impose conditions of approval deemed reasonable and necessary to ensure that the Reasonable Accommodation will comply with the findings required by Subsection D (Required Findings).
F. Rescission of Approval of Reasonable Accommodation.
1. An approval or conditional approval of an application made in compliance with this Section may be conditioned to provide for its rescission or automatic expiration under appropriate circumstances (e.g., the individual defined as disabled under the Acts vacates the subject site, etc.), unless allowed to remain in compliance with Subsection G (Discontinuance).
2. If rescinded or is subject to automatic expiration, the improvement made in compliance with the originally approved Reasonable Accommodation shall be removed from the subject property in compliance with this Section. 0 Standards for All Development and Land Uses
City of Grover Beach Development Code 3-21
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
G. Discontinuance.
1. A Reasonable Accommodation shall lapse if the exercise of rights granted by it is discontinued for at least 180 consecutive days.
2. If the person(s) initially occupying a residence vacates, the Reasonable Accommodation shall remain in effect only if the Director first determines that:
a. The modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with this Development Code; or
b. The accommodation is to be used by another qualifying individual with a disability.
3. The Director may request the applicant or the successor(s)-in-interest to the property to provide documentation that subsequent occupants are qualifying persons with disabilities.
4. Failure to provide the documentation within 30 days of the date of a request by the Director shall constitute grounds for discontinuance by the City of a previously approved Reasonable Accommodation.
5. Discontinuance shall require that the improvement made in compliance with the originally approved Reasonable Accommodation shall be removed from the subject property.
3.10.065 Screening
A. Screening between nonresidential and residential zones. Visual screening shall be provided along any property line where a non-residential use abuts a residential zone. The following standards shall apply.
1. The screen shall consist of a solid, decorative wall of masonry or similar durable material at least six feet in height. The Review Authority may require a wall up to eight feet in height if necessary to screen the non-residential use from the residential use.
2. The decorative wall shall be architecturally treated on both sides and subject to the approval of the Review Authority.
3. The Review Authority may waive or approve a substitute for the requirements of this Subsection if the Review Authority determines that:
a. The relationship of the proposed uses makes the required screening unnecessary;
b. The intent of this Subsection can be successfully met by means of alternative screening methods;
Standards for All Development and Land Uses 3.10.070
3-22 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
c. Physical constraints on the site make the required screening infeasible; and/or
d. The physical characteristics of the site or adjoining lots make the required screening unnecessary.
B. Mechanical Equipment and Loading Docks.
1. In nonresidential zones, mechanical equipment shall be screened from public view from adjoining public streets and adjoining areas zoned for residential uses.
This equipment includes air conditioning, heating, ventilation ducts, and exhaust vents, loading docks, trash storage areas, and utility services, electrical transformers, gas meters, etc. The exception is any required on-site fire-fighting equipment which must be accessible to emergency personnel.
2. In residential zones, mechanical equipment shall be screen from public view when visible from public streets. This includes air conditioning, heating, and other similar mechanical equipment. The exception is any required on-site fire-fighting equipment which must be accessible to emergency personnel.
3. The colors, materials, and architectural style of screening shall be architecturally compatible with the buildings they serve.
4. Roof-mounted mechanical equipment shall be prohibited unless fully screened from public view from adjacent public rights-of-way via architectural treatments.
The preferred method of screening roof-mounted equipment shall be behind parapet walls or otherwise integrated into rooftop architectural features.
5. Ground-mounted utility and mechanical equipment shall not be located within any required open space area.
6. Ground-mounted mechanical and electrical equipment shall be placed to avoid conflicts with vehicular and pedestrian circulation.
7. Ground-mounted utility and mechanical equipment screening shall consist either of landscaping, low walls, or low structures. Walls and structures, where used, shall incorporate the same or similar architectural design, colors, and materials as the on-site building(s).
8. Loading docks and areas adjacent to residential uses and noise-sensitive receptors such as schools, hospitals, and community care facilities shall be screened by noise-attenuating walls to achieve City noise ordinance standards.
All loading docks and areas shall not be visible from a public street.
3.10.070 Setback Requirements and Exceptions
A. Purpose. This Section provides standards for setbacks requirements and exceptions to the requirements. Setback standards provide open areas around structures for: visibility and traffic safety; access to and around structures; access to
3.10.070 Standards for All Development and Land Uses
City of Grover Beach Development Code 3-23
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
natural light, ventilation and direct sunlight; separation between potentially conflicting activities; and space for privacy, landscaping and recreation.
B. Setback requirements.
1. Minimum setbacks for all structures. Each structure shall comply with the front, interior side, street side, and rear setback requirements of the applicable zone as established in Chapter 2 (Zones and Allowable Land Uses), except:
a. Where a different setback requirement is established for a specific land use by Chapter 4 (Standards for Specific Development and Land Uses); b. As otherwise provided by this Section.
2. Exemptions from setback requirements. The minimum setback requirements of this Development Code do not apply to the following:
a. A projection into a required setback allowed by Subsection C (Allowed projections into setbacks).
b. Fences and walls as specified in Section 3.10.020.
c. Buildings or structures less than 120 square feet that do not require a building permit when located within an interior side or rear setback. d. In commercial zones, an architectural feature such as an awning, eave or balcony may encroach into the public right-of-way a maximum of 36 inches with a minimum clearance of eight feet, provided required encroachment license is obtained. An architectural feature such as an awning, eave or balcony may encroach into the public right of way a maximum of 36 inches with a minimum clearance of eight feet. The Review Authority may approve a greater encroachment if a finding is made that the architectural feature will enhance the building design.
e. A sign in compliance with Section 3.60 (Sign Regulations).
C. Allowed projections into setbacks. An architectural feature attached to a primary structure may extend beyond the wall of the structure and into a required front, side, or rear setback in compliance with Table 3.3-2.
Table 3.2. Allowed Projection into Setbacks
Allowed Projection into Specified Setback
Projecting Feature Front & Rear Setback Side Setback
Bay window, or similar projecting feature 36 inches 24 inches 1 Chimney/fireplace, 6 ft. or less in breadth 36 inches 24 inches 1 Cornice, eave, awning, roof overhang, or similar
feature 36 inches 24 inches 1
Notes: 1. Feature may project no closer than 36 inches to any side property line.
Standards for All Development and Land Uses 3.10.070
3-24 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
Table 3.3 Allowed Projection into Setbacks
Allowed Projection into Specified Setback 3
Projecting Feature Front
Setback1
Rear
Setback
Side
Setback2
Street Side
Setback 1
Bay window, or similar projecting feature 3 feet 3 feet 2 feet 2 feet Chimney, 6 ft. or less in breadth 3 feet 3 feet 2 feet 2 feet Cornice, eave, awning, roof overhang, or similar feature 3 feet 3 feet 2 feet 2 feet Porches in the R-1, CPR1 and CR-1 zones (not including
eaves) 5 feet N/A N/A 3 feet
Porches in the R-2, CR-2, R-3, and CR-3 zones (not
including eaves) 5 feet N/A N/A 3 feet
Notes:
1. Feature shall be at least 2 feet from any front or street-side property line.
2. Feature shall be at least 3 feet from any side property line.
3. Where property line exists within two feet of back of sidewalk (existing or future), no encroachments are permitted.
Figure 3.11 – Allowed Porch Encroachments in Residential Zones D. Setback requirements for swimming pool, hot tub, etc. A swimming pool, hot tub, or spa and any related mechanical equipment shall be set back a minimum of five feet from side and rear property lines, and shall not be located within a front setback the front half of a property.
E. Setback requirements for Meadow Creek. All structures adjacent to Meadow Creek shall have a minimum 50 foot setback buffer on both sides of the creek as measured from the top of the highest creek bank or designated /regulated floodway. 0 Standards for All Development and Land Uses
City of Grover Beach Development Code 3-25
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
F. Setback requirements for ESHA. All structures adjacent to Environmentally Sensitive Habitat Areas (ESHA) shall have a minimum 50 foot setback. (Am. Ord. 14- 04)
3.10.075 Trash Enclosures
A. For nonresidential development and multi-unit residential development with five or more units, common trash, recycling, organic waste, and green waste bins receptacles shall be housed in a trash enclosure with a gate that screens the trash receptacles. Sizing of the enclosures shall conform to solid waste provider requirements. Residential development with four or fewer units may use individual bins without a common enclosure.
B. Trash enclosures shall be constructed of the same primary wall material and color as the most adjacent building within the development, or decorative masonry block, or similar solid materials that are architecturally compatible with the building architecture.
C. Trash enclosures shall have both a vehicular access gate with a concrete apron and a pedestrian entrance. Access shall conform to solid waste provider requirements.
D. Gates shall be solid and constructed of durable metal or composite materials. Chain link and wood fencing are prohibited. Gates shall be continuously maintained in working order.
E. When a trash enclosure is located within 50 feet of a street-facing property line, a trellis or similar covering shall be provided on the top of the enclosure to provide additional architectural articulation.
Standards for All Development and Land Uses 0
3-26 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
Figure 3.13 – Trash Enclosures
3.10.080 Upper Story/Rooftop Decks and Open Spaces
A. Purpose. This section provides development and design standards for new construction, additions, or remodels of upper story/rooftop decks and open spaces on rooftops and upper-level stories to provide additional open space that is functional for its users and mitigates noise and visual impacts on adjacent properties.
B. Rooftop Decks in Residential Zones – Rear and Side Setbacks.
1. The upper story/rooftop deck and required guardrail shall be set back a minimum of five feet from the floor located directly below on the rear and side setback sides. In cases where the top story is already set back at least five feet from the minimum required setback, the rooftop deck does not require an additional setback.
0 Standards for All Development and Land Uses
City of Grover Beach Development Code 3-27
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
Figure 3.12 – Setbacks for Upper Story/Rooftop Decks in Residential Zones C. Rooftop Decks in Commercial and Industrial Zones. No additional setback for rooftop decks is required in Commercial and Industrial zones.
D. Rooftop Decks in All Zones.
1. Permit requirements. Upper story/rooftop decks are subject to Zoning Clearance approval.
2. Accessory Structure Rooftop Decks Prohibited. Upper story/rooftop decks are prohibited on accessory structures and detached accessory dwelling units (ADUs).
3. Rooftop Deck Access. The access to the rooftop deck and stairway design shall be integrated into the design of the residential structure in terms of materials, colors, and architectural style and shall not be visible from any front or street side public right-of-way. Cantilevered stairway designs are specifically prohibited.
4. Height Limits.
a. Guardrail. The guardrail shall not exceed the maximum height limit for the zone in which the building is located.
b. Cover. No portion of upper story/rooftop decks shall be covered with temporary or permanent shade structures, including awnings, canopies, Standards for All Development and Land Uses 0
3-28 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
pergolas, trellises, or similar structures, unless such structure does not exceed the maximum height limit for the zone in which the building is located. c. Furniture and Landscaping. Other temporary objects that rest upon the rooftop deck such as patio furniture and landscaping shall be allowed to exceed the maximum height limit by five feet. No other temporary or permanent structures or features shall exceed the maximum height limit. d. Exceptions to Height Limits. Section 3.10.030.D (Exceptions to height limits) shall not apply to features located on upper story/rooftop decks, with the exception of elevators and stairways required for egress. For elevators and stairways, see Section 3.10.030 (Height Limits and Exceptions).
5. Furniture. All furniture and accessories located on a rooftop deck shall be secured as necessary to prevent wind damage or dislocation.
6. Lighting. Lighting for (including access to) upper story/rooftop decks shall comply with Section 3.10.040 (Outdoor Lighting). Prior to building permit issuance, the applicant shall provide a lighting plan to demonstrate compliance with this requirement.
3.20.010 Affordable Housing Density Bonuses and Concessions/Incentives City of Grover Beach Development Code 3-29
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
3.20 Affordable Housing Density Bonuses and
Concessions/Incentives
Sections:
3.20.010 - Purpose
3.20.020 - General Affordable Housing Provisions
3.20.030 - Applicability: Affordable Housing Density Bonuses and Concessions/Incentives
3.20.030 - Application Requirements
3.20.040 - Density Bonus
3.20.050 - Incentives
3.20.060 - Local Coastal Program Consistency
3.20.070 - Review Procedures
3.20.080 - Affordable Housing Agreement and Senior Housing Agreement
3.20.090 - Design and Quality
3.20.010 Purpose
A. Purpose.
1. Implement the goals, objectives, and policies of the Housing Element for developing housing affordable housing for to various households with very low, low and moderate incomes and units intended to serve seniors, transitional foster youth, disabled veterans, homeless persons, and lower income students.
2. Encourage Provide the implementing framework, as it relates to affordable housing density bonuses, and offer concessions and incentives for eligible housing developments that are consistent with the City’s commitment to provide for affordable housing. units to be provided throughout the community and designed to be consistent with the surrounding neighborhood.
3. Implement Specify how compliance with the provisions of State Government Code Section 65915 (“State Density Bonus Law”) will be implemented, as required by Government Code Section 65915, subdivision (a).
4. Increase affordable housing opportunities by offering incentives for smaller proposed housing projects that are less than the State's threshold of five residential units as set forth in State Government Code Section 65915.
3.20.020 General Affordable Housing Provisions
A. Availability. All designated affordable housing units shall be made available to qualified occupants at the same time as the market-rate housing units are made available within the same project.
B. Median Income Levels. For the purpose of determining the income levels for Households under this Section, the City shall use the San Luis Obispo County income limits found in Title 25, Section 6932 of the California Code of Regulations, Affordable Housing Density Bonuses and Concessions/Incentives 3.20.030 3-30 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
and regularly updated and published by the State Department of Housing and Community Development, or other income limits adopted by the City Council.
C. Density Bonus. The granting of a density bonus shall not, in and of itself, be interpreted to require an Amendment to the General Plan, Local Coastal Program or Development Code, or other discretionary approval.
D. Affordable Housing Agreement. The owner of the affordable unit shall sign an Affordable Housing Agreement with the City, agreeing to the term, affordability, resale and any other topic deemed appropriate by the City and in conformance with State Density Bonus Law.
E. Additional Applicability. This ordinance Section is also applicable to mixed-use development projects that include at least a two-thirds housing component in terms of project square footage. The concessions/incentives available herein apply to the entire project and are not limited to the residential component, unless otherwise specified.
F. Definitions. The definitions found in State Density Bonus Law shall apply to the terms contained in this Section.
G. Interpretations. If any portion of this Section conflicts with State Density Bonus Law or other applicable State law, State law shall supersede this Section. Any ambiguities in this Section shall be interpreted to be consistent with State Density Bonus Law.
3.20.030 Application Requirements
Any applicant requesting a density bonus and any incentive(s), waiver(s), or parking reductions shall submit a density bonus report that includes the following information:
A. Requested Density Bonus.
1. Summary table showing the maximum number of dwelling units permitted by the zoning and general plan excluding any density bonus units, proposed affordable units by income level, proposed bonus percentage, number of density bonus units proposed, total number of dwelling units proposed on the site, and resulting density in units per acre.
2. A tentative map and/or preliminary site plan, drawn to scale, showing the number and location of all proposed units, designating the location of proposed affordable units and density bonus units.
3. The zoning and general plan designations and assessor’s parcel number(s) of the housing development site.
4. A description of all dwelling units existing on the site in the five-year period preceding the date of submittal of the application and identification of any units rented in the five-year period. If dwelling units on the site are currently rented, income and household size of all residents of currently occupied units, if known,
3.20.030 Affordable Housing Density Bonuses and Concessions/Incentives City of Grover Beach Development Code 3-31
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
if any dwelling units on the site were rented in the five-year period but are not currently rented, the income and household size of residents occupying dwelling units when the site contained the maximum number of dwelling units, if known.
5. Description of any recorded covenant, ordinance, or law applicable to the site that restricted rents to levels affordable to very low or lower income households in the five-year period preceding the date of submittal of the application.
6. If a density bonus is requested for a land donation, the location of the land to be dedicated, proof of site control, and reasonable documentation that each of the requirements included in State Government Code Section 65915, subdivision (g) can be met.
B. Requested Concession(s) or Incentive(s). In the event an application proposes concessions or incentives for a housing development pursuant to State Density Bonus Law, the density bonus report shall include the following minimum information for each incentive requested, shown on a site plan, if appropriate:
1. The City’s usual development standard and the requested development standard or regulatory incentive.
2. Except where mixed-use project is proposed as a concession or incentive, reasonable documentation to show that any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing costs or rents.
3. If approval of mixed-use project is proposed, reasonable documentation that nonresidential land uses are compatible with the housing development and the existing or planned development in the area where the proposed housing development will be located, and that mixed-use zoning will provide for affordable housing costs or rents.
C. Requested Waiver(s). In the event an application proposes waivers of development standards for a housing development pursuant to State Density Bonus Law, the density bonus report shall include the following minimum information for each waiver requested on each lot, shown on a site plan, if appropriate:
1. The City’s usual development standard and the requested development standard.
2. Reasonable documentation that the development standards for which a waiver is requested will have the effect of physically precluding the construction of a development at the densities or with concessions or incentives permitted by State Density Bonus Law.
D. Requested Parking Reduction. In the event an application proposes a parking reduction for a housing development pursuant to Government Code Section 65915, subdivision (p), a table showing parking required by the zoning regulations, parking proposed under Section 65915, subdivision (p), and reasonable documentation that the project is eligible for the requested parking reduction.
Affordable Housing Density Bonuses and Concessions/Incentives 0 3-32 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
E. Child Care Facility. If a density bonus or incentive is requested for a child care facility in a housing development, reasonable documentation that all of the requirements included in Government Code Section 65915, subdivision (h) can be met.
F. Condominium Conversion. If a density bonus or incentive is requested for a condominium conversion, reasonable documentation that all of the requirements included in Government Code Section 65915.5 can be met.
G. Fee. Payment of any fee in an amount set by resolution of the City Council for determination that the proposed density bonus plan complies with this Section and State Density Bonus Law.
Applicability: Affordable Housing Density Bonuses and
Concessions/Incentives
B. In application for projects meeting the State minimum threshold of five units or more, the provisions dealing with State Government Code Section 65915, as amended from time to time, shall apply, pursuant to State Government Code Section 65915.
C. In application for projects not meeting the State minimum threshold of five units, the applicant may request specific incentives and/or concessions that would contribute significantly to the economic feasibility of providing affordable units as set forth below:
1. One or more units for Moderate Income. One incentive may be requested from the following:
a. Reduce minimum outdoor and/or private usable open space requirements in total square feet. (Up to 20 percent reduction).
b. Reduced minimum outdoor and/or private usable open space requirements in dimension. (Up to 20 percent reduction).
2. One or more units for Low Income. Two incentives may be requested from the following:
a. Any incentive listed under "Moderate Income" Subsection B1. b. Increased maximum lot coverage. (Up to percentage permitted in the applicable zone).
c. Increased in the allowable first to second floor square footage ratio from 80 to 100 percent.
d. Allowance for required guest parking requirement to be located in tandem to the garage or in a required setback.
3. One or more units for Very Low Income. Three incentives may be requested from the following:
3.20.040 Affordable Housing Density Bonuses and Concessions/Incentives City of Grover Beach Development Code 3-33
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
a. Any incentive listed under “moderate income” and “low income” Subsections B.1 and B.2.
b. Reduce minimum building setbacks from property lines and building separation requirements that exceed minimum building code and fire code standards.
c. Reduce minimum lot sizes and/or dimensions.
D. Parking may be reduced by the City's Air Quality Provisions from the City-required parking standards on a case-by-case basis and shall not be considered as a development incentive. Granting of such reductions shall be by the Review Authority.
A parking/traffic study may be required to ensure the parking reduction will not be detrimental to the surrounding area.
E. It is the intent of this Section to insure that all projects applying for the concessions and incentives of this Section provide for affordable housing units that are comparable in size, design and quality to the market units in the same project. The Director shall have the discretion and authority to enforce this provision during the application process.
3.20.040 Density Bonus
A. Number of Units. All calculations shall be rounded up for any fractional numeric value in determining the total number of units to be granted, including base density and bonus density, as well as the resulting number of affordable units needed for a given density bonus project. The density bonus units shall not be included in determining the number of affordable units required to quality a housing development for a density bonus pursuant to State Density Bonus Law.
B. Multiple Qualifying Factors. If a housing development qualifies for a density bonus under more than one income category, or additionally as a senior citizen housing development, or as housing intended to serve transitional foster youth, disabled veterans, homeless persons, or lower income students, the applicant shall identify the categories under which the density bonus would be associated and granted.
Density bonuses from more than one category can be combined up to the maximum allowed under State Density Bonus law.
C. Lower or Zero Percent Density Bonus. The applicant may elect to accept a lesser percentage of density bonus than the housing development is entitled to, or no density bonus, but no reduction will be permitted in the percentages of required affordable units as outlined in Government Code Section 65915, subdivisions (b), (c), and (f). Regardless of the number of affordable units, no housing development shall be entitled to a density bonus of more than what is authorized under State Density Bonus Law.
Affordable Housing Density Bonuses and Concessions/Incentives 3.20.050 3-34 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
3.20.050 Incentives
A. Number. Incentives include incentives and concessions as defined in State Density Bonus Law. The number of incentives that may be requested shall be based upon the number the applicant is entitled to pursuant to State Density Bonus Law.
B. Financial Assistance. Nothing in this section requires the provision of direct financial incentives for the housing development, including, but not limited to, the provision of financial subsidies, publicly owned land, fee waivers, or waiver of dedication requirements. The City, at its sole discretion, may choose to provide such direct financial incentives.
3.20.060 Local Coastal Program Consistency
A. Applicability. State Density Bonus Law provides that it shall not be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Cal. Public Resources Code § 30000 et seq.), and further provides that the granting of a density bonus or an incentive shall not be interpreted, in and of itself, to require a Local Coastal Program (LCP) amendment.
B. Certified LCP. For development within the coastal zone, any requested density bonus, incentive(s), waiver(s), parking reduction(s), or commercial development bonus shall be consistent with all applicable requirements of the certified Grover Beach Local Coastal Program, with the exception of density.
C. LCP Consistency Findings. Within the Coastal Zone, the Review Authority may approve a density bonus only after making all of the following findings:
a. The proposed increased density is consistent with Coastal Act Section 30604(f); and
b. The project is found to be in conformity with the Local Coastal Program (including but not limited to sensitive habitat, public viewshed, public services, public recreational access and open space protections), with the exception of the density standards. (Am. Ord. 14-04)
3.20.070 Review Procedures
A. Housing Development. To ensure that an application for a housing development conforms with the provisions of State Density Bonus Law and the Coastal Act, the Review Authority shall determine whether the application conforms to the following requirements of State law, as applicable:
1. The housing development provides the affordable units or senior housing required by State Density Bonus Law to be eligible for the density bonus and any incentives, parking reduction, or waivers requested, including the replacement of
3.20.070 Affordable Housing Density Bonuses and Concessions/Incentives City of Grover Beach Development Code 3-35
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
units rented or formerly rented to very low and low income households as required by Government Code Section 65915, subdivision (c)(3).
2. Any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing costs or rents; except that, if a mixed-use development is requested, the application must instead meet all of the requirements of Government Code Section 65915, subdivision (k)(2).
3. The development standards for which a waiver is requested would have the effect of physically precluding the construction of a development at the densities or with the concessions or incentives permitted by State Density Bonus Law.
4. The housing development is eligible for any requested parking reductions under Government Code Section 65915, subdivision (p).
5. If the density bonus is based all or in part on donation of land, all of the requirements included in Government Code Section 65915, subdivision (g) have been met.
6. If the density bonus or incentive is based all or in part on the inclusion of a child care facility, all of the requirements included in Government Code Section 65915, subdivision (h) have been met.
7. If the density bonus or incentive is based all or in part on the inclusion of affordable units as part of a condominium conversion, all of the requirements included in Government Code Section 65915.5 have been met.
8. If the housing development is in the coastal zone, the requested density bonus and any requested incentive(s), waiver(s), or parking reduction(s) are consistent with all applicable requirements of the certified Grover Beach Local Coastal Program, with the exception of density.
B. Exception to Approval of Requested Incentive. The Review Authority shall grant an incentive requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:
1. The proposed incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5, or for affordable rents, as defined in Health and Safety Code Section 50053; or
2. The proposed incentive would be contrary to State or Federal law; or
3. The proposed incentive would have a specific, adverse impact upon public health or safety or the physical environment or on any real property that is listed in the California Register of Historic Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low and moderate income households. For the purpose of this subsection, specific adverse impact means a significant, quantifiable, direct, and unavoidable impact based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete.
Affordable Housing Density Bonuses and Concessions/Incentives 3.20.080 3-36 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
C. Exception to Approval of Requested Waiver. The Review Authority shall grant the waiver of development standards requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:
1. The proposed incentive would be contrary to State or Federal law; or
2. The proposed incentive would have a specific, adverse impact upon public health or safety or the physical environment or on any real property that is listed in the California Register of Historic Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low and moderate income households. For the purpose of this subsection, specific adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete.
D. Agreement Required. If any density bonus, incentive, parking reduction, or waiver is approved pursuant to this Section, the applicant shall enter into an affordable housing agreement or senior housing agreement with the City pursuant to the requirements of this Section.
3.20.080 Affordable Housing and Senior Housing Agreements A. Affordable Housing Agreement. Except where a density bonus, incentive, waiver, or parking reduction is provided for a market-rate senior housing development, the applicant shall enter into an affordable housing agreement with the City to ensure that the requirements of this Section are satisfied. The affordable housing agreement shall guarantee the affordability of the affordable units for a minimum of 55 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program; shall identify the type, size and location of each affordable unit; and shall specify phasing of the affordable units in relation to the market-rate units.
B. Senior Housing Agreement. Where a density bonus, waiver, or parking reduction is provided for a market-rate senior housing development, the applicant shall enter into a restrictive covenant with the City, running with the land, to require that the housing development be operated as "housing for older persons" consistent with State and Federal Fair Housing laws.
C. Recordation of Agreement. The executed affordable housing agreement or senior housing agreement shall be recorded against the housing development prior to final or parcel map approval, or, where a map is not being processed, prior to issuance of building permits for the housing development. The affordable housing agreement or senior housing agreement shall be binding on all future owners and successors in interest.
3.20.090 Affordable Housing Density Bonuses and Concessions/Incentives City of Grover Beach Development Code 3-37
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
D. Contents. The affordable housing agreement shall include, but not be limited to, the following:
1. The number of density bonus dwelling units granted;
2. The number and type of affordable dwelling units;
3. The unit size(s) (square footage) of target dwelling units and the number of bedrooms per target dwelling unit;
4. The proposed location of the affordable dwelling units;
5. Schedule for production of affordable dwelling units;
6. Incentives or concessions or waivers provided by the City;
7. Where applicable, tenure and conditions governing the initial sale of the affordable units;
8. Where applicable, tenure and conditions establishing rules and procedures for qualifying tenants, setting rental rates, filling vacancies, and operating and maintaining units for affordable rental dwelling units;
9. Marketing plan with publication and notification of availability of affordable units;
10. If construction of dwelling units is to be phased, a phasing plan stating the number of market-rate and affordable housing units in each phase;
11. Compliance with Federal and State laws;
12. Prohibition against discrimination;
13. Indemnification;
14. City's right to inspect units and documents; and
15. Remedies.
3.20.090 Design and Quality
A. Comparable Units. Affordable units shall be comparable in exterior appearance and overall quality of construction to market rate units in the same housing development.
Interior finishes and amenities may differ from those provided in the market rate units, but neither the workmanship nor the products may be of substandard or inferior quality as determined by the City. The Director shall have the discretion and authority to enforce this provision during the application process.
B. Number of Bedrooms. The size of the units in terms of the number of bedrooms per unit shall be proportionally equivalent in the market rate units and affordable units. For example, if the market rate units provide 50% one-bedroom units and 50% two-bedroom units, the same proportions shall be provided for the affordable units.
Affordable Housing Density Bonuses and Concessions/Incentives 3.20.090 3-38 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
C. Building Permits and Final Inspection. If the project proposes multiple phases, the City will not issue building permits for the market rate units until it has issued building permits for an equivalent proportion of the affordable units. Furthermore, the City will not approve any final inspections or certificates of occupancy for the market rate units until it has issued final inspections or certificates of occupancy for the equivalent proportion of affordable units.
3.30.010 Landscaping Standards
City of Grover Beach Development Code 3-39
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
3.30 Landscaping Standards
Sections:
3.30.010 - Purpose
3.30.020 - Applicability
3.30.030 - Landscape and Irrigation Plans
3.30.040 - Landscape Standards
3.30.050 - Landscape Requirements
3.30.060 - Maintenance of Landscaped Areas
3.30.010 Purpose
This Section establishes minimum landscaping requirements for landscaping to enhance all uses for the purposes of enhancing the appearance of public street frontages and development projects, conserve conserving water and other resources, controlling soil erosion and provide providing screening where necessary. The additional purpose of this chapter is to establish a structure for planning, designing, installing, maintaining, and managing water-efficient landscapes in new construction and rehabilitated projects.
California natives, drought tolerant, and low water usage plants are strongly encouraged to reduce water usage.
3.30.020 Applicability
The provisions of this Section shall apply to all land uses as follows:
A. New Projects. All new development projects shall provide landscaping in compliance with this Section.
B. Existing Development. The approval of a development application for minor additions (e.g., 25 percent or less of the existing floor area) and/or a change in use within an existing development may include conditions of approval requiring compliance with specific requirements of this Section.
C. Timing of Installation. Required landscape and irrigation improvements shall be installed prior to the final building inspection.
D. Alternatives to requirements. The Review Authority may modify the standards of this Section to accommodate alternatives to required landscape materials or methods, where the Review Authority determines that the proposed alternative will be equally or more effective in achieving the purposes of this Section per Section
6.20.072 (Modifications to Standards).
Landscaping Standards 3.30.030
3-40 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
3.30.030 Landscape and Irrigation Plans
A. Conceptual Landscape Plan. A conceptual landscape plan shall be submitted as part of the development application for all new development, additions or redevelopment of an existing use, as determined by the Director, except for a singleunit dwelling on an existing lot.
B. Final Landscape Plan. A final landscape and irrigation plan shall be submitted as part of the building permit application. The Director shall approve the final landscape plan if it is in substantial compliance with the approved conceptual landscape plan.
All irrigation systems shall be designed to maximize water conservation.
C. Compliance with State Model Water Efficient Landscape Ordinance. All projects shall comply with Government Code Section 65591 et seq. to provide water conservation.
3.30.040 Landscape Standards
A. Purpose Minimum Landscape Coverage. All projects shall meet the minimum landscape coverage for lot area as established in Chapter 2 (Zones and Allowable Land Uses).
B. Exceptions: The minimum landscape coverage requirements may be reduced by the Review Authority as follows:
1. In commercial and industrial zones if a finding is made that it is impractical or infeasible to meet the minimum standards and the proposed landscaping is in compliance with the purpose of this Section.
2. In residential zones for non-residential uses (e.g., churches) if a finding is made that the proposed landscaping is in compliance with the purpose of this Section.
C. Determination of Landscape Coverage Areas. Landscape coverage area shall include all areas not covered by structures, driveways, parking lots and hardscape materials. Landscape areas may include setback areas, drainage basins, and natural areas. In residential zones, patios, decks, walkways, and other hardscape materials may be included as landscape area if incorporated into the site landscaping as determined by the Review Authority.
1. Location. Landscaped areas shall be prioritized within required front and street side setback areas and in other areas visible from the public right of way.
2. Plant material. Landscaped areas shall primarily consist of grass, annuals, perennials, groundcover, shrubs, trees, and other living vegetation.
3. Non-plant material. Landscape coverage areas may include permeable or pervious non-plant materials including: gravel, inorganic and organic mulches, modular paving units set on sand, embellished permeable pavers, and decks as approved by the City Engineer.
3.30.040 Landscaping Standards
City of Grover Beach Development Code 3-41
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
4. Artificial turf. Artificial turf may only be used if it is permeable and has a minimum pile height of 1.25 inches.
D. Parking Area Buffer. Parking areas provided in all non-residential zones shall be landscaped in compliance with this Section.
1. In non-residential zones, parking areas adjacent to a public street shall have a minimum landscaped setback area of 5 feet in width between the back of sidewalk and parking area.
Figure 3.14 – Parking Area Buffer
2. The required landscape buffer area between the sidewalk and parking area shall be designed and maintained to screen parking areas from public streets.
Landscape screening materials may include a combination of plant materials, earth berms, fences/walls, and raised planters.
3. Plant materials, signs, or structures within a traffic safety visibility area of a driveway shall comply with Section 3.10.040 (Restrictions to height limits at street corners).
E. Parking lot landscaping.
1. General location of landscaping. Required landscaping shall be met first to comply with Subsection A (Minimum Landscape Coverage) and Subsection D (Parking Area Buffer). Any remaining required landscaping shall be installed as either perimeter landscaping and/or dispersed throughout the parking area via interior landscape planters with trees. The Review Authority may approve a reduction for small in-fill parking lots where compliance with this standard is not feasible without significantly reducing the number of parking spaces per Section
6.20.120 (Modifications to Standards).
Landscaping Standards 3.30.040
3-42 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
2. Tree height. Trees within the parking lot interior shall reach a mature height of at least 20 feet.
F. Groundwater recharge. The design of landscaped areas shall be required to include provisions for the on-site detention of stormwater runoff, pollutant cleansing, and groundwater recharge (refer to Development Code Section 5.60).
G. Requirements for plant materials.
1. Size at time of planting. Plant materials shall be sized and spaced to achieve immediate effect and shall not be less than a 15-gallon container for trees and one-gallon container for shrubs, perennials, vines, and mass planting, unless otherwise approved by the Review Authority on the basis that the alternate size will achieve the desired immediate and/or long-term effect equally well.
2. Trees. Tree planting shall comply with the following standards. a. Trees in landscape planters less than 10 feet in width or located closer than five feet from a permanent structure shall be planted with root barriers or root barrier panels to prevent damage to adjacent structures or pavement. b. Street trees in non-residential zones shall be a minimum of 24-inch box size and provided along all public frontages as specified in Section 5.30 and the City Standards and Specifications.
c. Street trees in residential zones shall be a minimum of 15-gallon size and provided along all public and private street frontages as specified in Section
5.30 and the City Standards and Specifications.
4. Groundcover shall be provided throughout the landscaped area and shall be spaced to achieve full coverage within one year.
5. Use of turf (grass) is discouraged in non-residential zones.
6. Landscaped areas, other than lawn or groundcover, shall be top dressed with a bark chip mulch or approved alternative to avoid exposed bare soil.
D. Maximum amount of paving for parking allowed in front and street side setback areas in residential zones. Paving for parking areas shall be limited to a maximum of 50 percent of the front or street side setback areas or 27 feet in width, whichever is less, to limit the amount of hardscape paving in these areas (refer to Figure 3.4); except that the Review Authority may allow an increase for irregularly shaped or small lot that lacks sufficient area for adequate driveway. 0 Landscaping Standards
City of Grover Beach Development Code 3-43
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
Figure 3.4 Examples of Paving in Front and Street Side Setback Areas
3.30.050 Landscape Requirements
A. Purpose. Parking areas for all non-residential uses shall be landscaped in compliance with this Section.
B. Adjacent to streets.
1. Parking areas adjacent to a public street shall have a minimum landscaped area of 10 feet in multi-family residential zones and a minimum of five feet in nonresidential zones.
2. Landscaping shall be designed and maintained to screen parking areas from public streets. Screening materials may include a combination of plant materials, earth berms, fences/walls, raised planters, or other screening devices that are determined by the Review Authority to meet the intent of this requirement.
3. Plant materials, signs, or structures within a traffic safety visibility area of a driveway shall comply with Section 3.10.030 (Restrictions to height limits at street corners).
C. Parking lot landscaping.
1. Location of landscaping. Landscaping shall be dispersed throughout the parking area and include interior landscape planters with trees and perimeter landscaping. The Review Authority may approve a reduction for small in-fill parking lots where compliance with this standard is not feasible without significantly reducing the number of parking spaces,
2. Tree height. Trees within the parking lot interior shall reach a mature height of at least 20 feet.
D. Groundwater recharge. The design of parking lot landscape areas shall consider and may be required to include provisions for the on-site detention of stormwater runoff, pollutant cleansing, and groundwater recharge.
Landscaping Standards 3.30.050
3-44 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
E. Plant material. Required landscape shall include trees, shrubs, and ground covers.
1. Size at time of planting. Plant materials shall be sized and spaced to achieve immediate effect and shall not be less than a 15-gallon container for trees, and one-gallon container for shrubs, perennials, vines, and mass planting, unless otherwise approved by the Review Authority on the basis that the alternate size will achieve the desired immediate and/or long-term effect equally well.
2. Trees. Tree planting shall comply with the following standards. a. Trees in landscape planters less than 10 feet in width or located closer than five feet from a permanent structure shall be planted with root barriers or root barrier panels to prevent damage to adjacent structures or pavement. b. Street trees in non-residential zones shall be a minimum of 24-inch box size and provided along all public frontages as specified in Section 5.30 and the City Standards and Specifications.
c. Street trees in residential zones shall be a minimum of 15 gallon size and provided along all public and private street frontages as specified in Section
5.30 and the City Standards and Specifications.
3. Groundcover and shrubs. The majority of areas required to be landscaped shall be covered with groundcover, shrubs, turf, or other types of plants. a. Groundcover shall be provided throughout the landscaped area and shall be spaced to achieve full coverage within one year, except where the Review Authority approves an alternative such as crushed rock, stones, pebbles, or similar materials.
b. Excessive use of turf is discouraged.
c. Landscaped areas shall be top dressed with a bark chip mulch or approved alternative to avoid exposed bare soil.
3.30.050 3.30.060 Maintenance of Landscaped Areas
A. Maintenance required.
1. A. All landscaping (e.g., ground cover, hedges, lawns, shrubs, and trees) shall be maintained in a healthful and thriving condition at all times. This section may be waived if the City is in a State or City-mandated drought water emergency.
2. B. Irrigation systems and their components shall be maintained in a fully functional manner.
3. C. LandscapingThe landscaping shall regularly be kept clean and free of debris, litter, and weeds.
4. D. All dead or decaying material shall be replaced with new material within 30 days upon notice of the Department.
3.30.050 Landscaping Standards
City of Grover Beach Development Code 3-45
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
5. E. All fences and walls which have been incorporated into an approved landscaping plan shall be regularly be maintained in an attractive and safe manner.
Mobile Home Park Conversion Process 3.40.010
3-46 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
3.40 Mobile Home Park Conversion Process
Sections:
3.40.010 - Authority and Short Title
3.40.020 - Definitions
3.40.030 - Conversion Impact Report Requirement
3.40.040 - Pre-Conversion Questionnaire
3.40.050 - Relocation Specialist
3.40.060 - Conversion Impact Report Content
3.40.070 - Public Hearing Regarding Conversion Impact Report
3.40.080 - Decision Regarding Conversion Impact Report
3.40.090 - Application for Exemption from Relocation Assistance Obligations
3.40.100 - Certificate of Acceptance
3.40.110 - Performance of Mitigation Measures
3.40.120 - Modification of Conversion Impact Report
3.40.130 - Expiration of Conversion Impact Report
3.40.140 - Nullification of Impact Report
3.40.150 - Right of First Refusal
3.40.160 - Appeal
3.40.170 - Processing Fees
3.40.180 - Building Permits
3.40.190 - Exemption
3.40.010 Authority and Short Title
This Section is enacted pursuant to the City’s police power and authority of California Government Code Section 65863.7, 65863.8 and 66427.4; and pursuant to the City’s adopted General Plan. The Housing Element Policy 5.2.1 discourages the removal of affordable housing unless it achieves General Plan objectives and provides for replacement housing that is affordable or corrects unsafe or blighted conditions. In addition, Housing Element Policy 5.3.1 indicates the City will require a developer to assist displaced residents to find affordable housing when affordable housing is removed. This Section, which shall be known and may be cited as the “Grover Beach Mobile Home Park Conversion Ordinance,” implements General Plan policies related to affordable housing and mobile home parks specifically.
3.40.020 Definitions
Absentee Owner means a person who owns a mobile home is a mobile home park and does not reside at such mobile home.
Affected Mobile Home Owners and Residents means absentee owners, resident owner and resident tenants whose mobile home will be displaced by the conversion of a mobile home park.
Applicant means a mobile home park owner who proposes to perform a mobile home park conversion.
3.40.020 Mobile Home Park Conversion Process
City of Grover Beach Development Code 3-47
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
Certificate of Acceptance means a written declaration expressing an Applicant’s acceptance of the conditions imposed by the City in connection with approval of a conversion impact report.
Comparable Housing means housing within a 25 mile radius of the park to be converted that is equivalent (or better) in terms of amenities, condition, location, price and size (floor area and number of bedrooms) to the mobile home to which comparison is being made.
Comparable Mobile Home Park means a mobile home park within a 25 mile radius of the park to be converted that is equivalent (or better) in terms of amenities, condition, location and rental price to the mobile home park to which comparison is being made.
Conversion Impact Report means a report, meeting the requirements of this Section, describing (i) the impacts of a mobile home park conversion on affected mobile home owners and residents; and (ii) the measures that will be taken to mitigate adverse impacts of such conversion on affected mobile home owners and residents.
Immediate Family Member means the spouse, registered domestic partner, parents, grandparents, children, or siblings, by blood, marriage, domestic partnership or adoption, of a mobile home owner, or any other person claimed and allowed as a dependent of the mobile home owner for the purposes of federal income taxes.
Mobile Home means a “Mobile Home” as such term is defined in the Mobile Home Residency Law. “Mobile Home” also means camping trailers, motor homes, slide-in campers, park model recreational vehicles and travel trailers when used as the occupant’s primary place of residence as established by nine months continuous residency.
Mobile Home Improvements means carports, earthquake bracing, landscaping, new roofs, patios, porches and similar amenities and major repairs.
Mobile Home Park means a “Mobile Home Park” as such term is defined in the Mobile Home Residency Law.
Mobile Home Park Conversion means (i) the conversion of a mobile home park or any part thereof to another use; (ii) the closure of a mobile home park or any part thereof; and (iii) the cessation of use of land as a mobile home park.
Mobile Home Residency Law means California Civil Code Section 798 et seq. as such statute exists at the time of enactment of this Section or is subsequently amended.
Resident Owner means a person who owns a mobile home in a mobile home park and resides at such mobile home as the person’s primary residence or maintains such mobile home as a primary residence for an immediate family member, who occupied the mobile home as a primary residence prior to receiving any notification of the filing of a development applicant or a request for approval for closure or conversion. This definition also shall include persons subletting their mobile homes pursuant to California Civil Code Section 798.23.5.
Resident Tenant means a person who rents or leases a mobile home in a mobile home park and resides at such mobile home as the person’s primary residence.
Mobile Home Park Conversion Process 3.40.030
3-48 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
3.40.030 Conversion Impact Report Requirements
A. Each conversion impact report submitted for City approval shall contain the following:
1. Legal description of the mobile home park.
2. The purchase price paid by the Applicant to acquire the mobile home park.
3. Current sale value of the mobile home park property as a mobile home park and as all other uses permitted by the zoning designation of the property, as demonstrated by a professional appraisal completed within the six months preceding the application.
4. Description of any use proposed to replace the mobile home park.
5. Any offers to sell or purchase the mobile home park, including offer dates.
6. Timetable for the proposed mobile home park conversion.
7. Number of spaces in the mobile home park and the current rental rate for each space (in the event of units owned by the mobile home park owner, the combined rental rate for space and unit shall be provided).
8. Name, mailing address, age and disability status of each affected mobile home owner and resident having a mobile home in the mobile home park and whether the mobile home constitutes such person’s primary place of residence.
9. Name and mailing address of each absentee owner having a mobile home in the mobile home park.
10. Name and mailing address of each lender having an interest in a mobile home in the mobile home park.
11. Manufacture date, size, length of occupancy and the appraised on-site fair market value of each mobile home in the mobile home park. “Fair market value” shall be determined assuming the continuation of the mobile home park in a safe, sanitary and well-maintained condition. The appraisal shall be performed by an appraiser selected by the Director. The Applicant shall pay all costs and expenses associated with the appraisal, including any appraisal fees.
12. Estimated from two moving companies, chosen by the Applicant with the Director’s approval, as to the cost of moving mobile homes, relocatable mobile home improvements, and personal property. The estimates shall include teardown and set-up costs to establish the mobile home in the new location in substantially the same condition as prior to relocation. "Set-up costs" include the cost of connecting utilities at the new location and the cost of any upgrades required to comply with applicable laws. No estimate of mobile home relocation and associated set-up and tear-down costs shall be required for any park-owned units.
13. Estimates from two temporary lodging facilities, chosen by the Applicant with the Director's approval, as to the cost of providing temporary lodging for resident
3.40.040 Mobile Home Park Conversion Process
City of Grover Beach Development Code 3-49
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
owners and resident tenants who are unable to complete relocation within one day.
14. Itemization of available mobile home spaces within comparable mobile home parks within a fifty mile radius within the County or, if no such spaces are available, itemization of spaces available within a 50 mile radius, but outside the County. Such itemization shall indicate the rental rate for each space and whether the owner of that mobile home park has agreed in writing to accept affected mobile home owners and residents that are displaced by the mobile home park conversion.
15. Itemization of available comparable housing within a 25 mile radius within the County, if no such spaces are available, itemization of spaces available within a 50 mile radius, but outside the County. Such itemization shall indicate the purchase price for each equivalent (or better) mobile home or condominium, as well as the rental rate for each equivalent (or better) mobile home, condominium or apartment.
16. Completed pre-conversion questionnaires.
17. Proposed measures to mitigate the adverse impacts of the mobile home park conversion on affected mobile home owners and residents.
18. A copy of any agreement reached with any resident or owner relating to the purchase or relocation or a resident/owner or provision of other relocation assistance. This requirement may be waived by the Director at Director's discretion.
B. The Director may require an Applicant to include information in the conversion impact report in addition to that specified in Subsection A above.
3.40.040 Pre-Conversion Questionnaire
A. Prior to filing a conversion impact report for City approval, an Applicant shall distribute a pre-conversion questionnaire to affected mobile home owners and residents. The affected mobile home owners and residents shall have no less than 30 days from the date of certified mailing to complete the pre-conversion questionnaire.
B. The Director shall provide a standard pre-conversion questionnaire for use by Applicants. At a minimum, the pre-conversion questionnaire shall include questions requesting the affected mobile home owners and residents to provide the following information:
1. The purchase date and purchase price for the mobile home.
2. The amount and terms of any outstanding mortgage obligation for the mobile home.
Mobile Home Park Conversion Process 3.40.050
3-50 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
3. Any mobile home improvements that have been paid for by the affected mobile home owner or tenant and the costs of such improvements.
4. Any circumstances, including but not limited to job location, disability status if any, medical circumstances or other relevant information, which restrict potential relocation areas.
5. Manufacturing date, purchase date and size of the mobile home.
6. Any available housing opportunities known to the affected mobile home owners and /or residents that would be acceptable as a relocation option.
7. Any other information that the Director may deem necessary to facilitate the Planning Commission's consideration of appropriate conditions to mitigate the adverse impacts of proposed conversion on affected mobile home owners and residents.
C. Neither the completed pre-conversion questionnaire form nor any personal information provided in response thereto shall be considered public information and the City shall not publicly disclose any such information, except as necessary to facilitate the evaluation of the adequacy of the report herein or as may be required by law.
3.40.050 Relocation Specialist
The Director shall require an Applicant to hire a relocation specialist to assist in: providing notification to mobile home owners and residents regarding any application under this Chapter; developing conversion impact report, including relocation proposals for affected mobile home owners and residents; assisting in finding alternate housing for affected mobile home owners and residents and any other function necessary to assist those affected by the process as determined by the Director. The Applicant shall choose the relocation specialist with the Director's approval. The Applicant shall pay all costs and expenses incurred by the relocation specialist.
3.40.060 Conversion Impact Report Content
A. Each conversion impact report submitted for City approval shall contain the following:
1. Legal description of the mobile home park.
2. The purchase price paid by the Applicant to acquire the mobile home park.
3. Current sale value of the mobile home park property as a mobile home park and as all other uses permitted by the zoning designation of the property, as
3.40.060 Mobile Home Park Conversion Process
City of Grover Beach Development Code 3-51
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
demonstrated by a professional appraisal completed within the six months preceding the application.
4. Description of any use proposed to replace the mobile home park.
5. Any offers to sell or purchase the mobile home park, including offer dates.
6. Timetable for the proposed mobile home park conversion.
7. Number of spaces in the mobile home park and the current rental rate for each space (in the event of units owned by the mobile home park owner, the combined rental rate for space and unit shall be provided).
8. Name, mailing address, age and disability status of each affected mobile home owner and resident having a mobile home in the mobile home park and whether the mobile home constitutes such person's primary place of residence.
9. Name and mailing address of each absentee owner having a mobile home in the mobile home park.
10. Name and mailing address of each lender having an interest in a mobile home in the mobile home park.
11. Manufacture date, size, length of occupancy and the appraised on-site fair market value of each mobile home in the mobile home park. "Fair market value" shall be determined assuming the continuation of the mobile home park in a safe, sanitary and well-maintained condition. The appraisal shall be performed by an appraiser selected by the Director. The Applicant shall pay all costs and expenses associated with the appraisal, including any appraisal fees.
12. Estimate from two moving companies, chosen by the Applicant with the Director's approval, as to the cost of moving mobile homes, relocatable mobile home improvements, and personal property. The estimates shall include tear-down and set-up costs to establish the mobile home in the new location in substantially the same condition as prior to relocation. "Set-up costs" include the cost of connecting utilities at the new location and the cost of any upgrades required to comply with applicable laws. No estimate of mobile home relocation and associated set-up and tear-down costs shall be required for any park-owned units.
13. Estimates from two temporary lodging facilities, chosen by the Applicant with the Director's approval, as to the cost of providing temporary lodging for resident owners and resident tenants who are unable to complete relocation within one day.
14. Itemization of available mobile home spaces within comparable mobile home parks within a fifty mile radius within the County or, if no such spaces are available, itemization of spaces available within a 50 mile radius, but outside the County. Such itemization shall indicate the rental rate for each space and whether the owner of that mobile home park has agreed in writing to accept Mobile Home Park Conversion Process 3.40.070
3-52 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
affected mobile home owners and residents that are displaced by the mobile home park conversion.
15. Itemization of available comparable housing within a 25 mile radius within the County, if no such spaces are available, itemization of spaces available within a 50 mile radius, but outside the County. Such itemization shall indicate the purchase price for each equivalent (or better) mobile home or condominium, as well as the rental rate for each equivalent (or better) mobile home, condominium or apartment.
16. Completed pre-conversion questionnaires.
17. Proposed measures to mitigate the adverse impacts of the mobile home park conversion on affected mobile home owners and residents.
18. A copy of any agreement reached with any resident or owner relating to the purchase or relocation or a resident/owner or provision of other relocation assistance. This requirement may be waived by the Director at Director's discretion.
B. The Director may require an Applicant to include information in the conversion impact report in addition to that specified in Subsection A.
3.40.070 Public Hearing Regarding Conversion Impact Report A. No less than 15 days prior to the first public hearing regarding the adequacy of the conversion impact report, the Applicant shall conduct an informational meeting for the residents of the mobile home park. The meeting shall be conducted on the premises of the park, or other noticed location approved by the Director. The relocation specialist and a representative from City staff shall be present at such meeting. A copy of a conversion impact report shall be provided to each resident and owner prior to the meeting. The meeting shall address the proposed conversion or closure, the content of the conversion report and approval process, the project application process, if a replacement project is proposed, and the proposed relocation assistance for displaced mobile home owners and residents. The Applicant shall make the relocation specialist available for individual meetings with residents and owners to discuss issues and needs unique to the individual resident or owner.
B. Upon the filing of a complete conversion impact report for City review, the Director shall schedule a public hearing before the Planning Commission. Notice of the public hearing shall be provided in accordance with Subsection C.
C. At least 30 days prior to the hearing date, the Director shall perform the following actions:
1. Mail a notice of the public hearing and a copy of conversion impact report to affected mobile home owners and residents, to the owners of properties within a
3.40.080 Mobile Home Park Conversion Process
City of Grover Beach Development Code 3-53
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
300-foot radius of the Applicant's property, and to each lender having an interest in a mobile home in the mobile home park. The notice shall contain a general explanation of the matters to be considered by the Planning Commission. The copy of the conversion impact report shall not include the completed preconversion questionnaires, which will be considered private information of each responding individual and not subject to public disclosure, but shall include the appraisal of the mobile home owned or resided in by that particular notice recipient.
2. Inform the Applicant in writing of the provisions of Civil Code Section 798.56 regarding the Applicant's duty to notify affected mobile home owners and residents of the proposed conversion. Such writing shall specify the manner in which the Applicant shall verify that affected mobile home owners and residents have been notified of the proposed conversion. Notify the Applicant of the requirement for an informational meeting in accordance with Subsection A above.
D. The Planning Commission shall conduct a public hearing on the conversion impact report at the time and place set forth in the hearing notice. Such hearing shall not be held before the Applicant has satisfactorily verified that affected mobile home owners and residents have been notified of the proposed conversion pursuant to Civil Code Section 798.56.
E. The Applicant shall pay all costs associated with providing notice, including any publishing and postage expenses.
3.40.080 Decision Regarding Conversion Impact Report
A. After the conclusion of the public hearing, the Planning Commission shall adopt a resolution approving or rejecting a proposed conversion impact report. The Planning Commission shall approve or conditionally approve a conversion impact report if it finds that the conversion impact report contains, or has been conditioned to contain, reasonable measures to mitigate the adverse impacts of the mobile home park conversion on affected mobile home owners and residents.
B. Subject to Subsection C, the Planning Commission may impose conditions in connection with its approval of a conversion impact report. Such conditions may include, but are not limited to, lump sum payments to affected mobile home owners and residents to mitigate the following expenses as applicable to each particular absentee owner, resident owner and resident tenant having a mobile home in the mobile home park:
1. The expense of relocating the mobile home to a comparable mobile home park.
The amount of such payment shall be based upon consideration of moving, teardown and set-up costs. "Moving costs" include the cost of moving the mobile Mobile Home Park Conversion Process 3.40.080
3-54 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
home and the cost of moving associated relocatable mobile home improvements. "Set-up costs" include the cost of connecting utilities at the replacement mobile home park and the cost of any upgrades required to comply with applicable laws.
Assistance with these expenses shall be payable only to a resident or absentee owner of a mobile home in the mobile home park.
2. The expense of forfeiting the mobile home. The amount of such payment shall be based upon consideration of: (i) the on-site fair market value of the mobile home and associated mobile home improvements; and (ii) any outstanding mortgage obligation of the owner. "Fair market value" shall be determined assuming the continuation of the mobile home park in a safe, sanitary and wellmaintained condition. Assistance with these expenses shall be payable only to a resident owner of a mobile home in the mobile home park.
3. The expense of assuming tenancy in a comparable mobile home park. The amount of such payment shall be based upon consideration of: (i) moving costs; (ii) first month's rent, last month's rent and security deposit at the replacement mobile home park; (iii) differential between rental rates at the mobile home park being converted and the replacement mobile home park during the first year of relocation; and (iv) if necessary, the cost of purchasing an equivalent mobile home in the replacement mobile home park. Assistance with these expenses shall be payable only to a resident or absentee owner who are relocating their homes and resident tenants.
4. The expense of assuming tenancy in comparable housing. The amount of such payment shall be based upon consideration of: (i) moving costs; (ii) first month's rent, last month's rent, and security deposit at the replacement housing; and (iii) differential between the rental rate at the mobile home park being converted and the replacement housing during the first year of relocation. Assistance with these expenses shall be payable only to resident tenants.
5. The expense of purchasing comparable housing. The amount of such payment shall be based upon consideration of: (i) moving costs; (ii) down payment for the replacement housing; and (iii) differential between the rental rate at the mobile home park being converted and the mortgage payment for the replacement housing during the first year of relocation. Assistance with these expenses shall be payable only to an affected resident owner of a mobile home in a mobile home park as an alternative to the assistance available pursuant to Subsection (B)(2).
C. The conditions imposed in connection with approval of a conversion impact report shall not exceed the reasonable costs of relocation. Conditions shall only be imposed in order to ensure that the Applicant adequately mitigates adverse impacts of the mobile home park conversion on affected mobile home owners and residents.
In imposing conditions, the City shall interpret and apply this Chapter in a manner consistent with all applicable laws and shall not require cumulative forms of relocation assistance from the above options that result in costs to the applicant in excess of the
3.40.090 Mobile Home Park Conversion Process
City of Grover Beach Development Code 3-55
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
reasonable costs of relocation in light of the circumstances of each affected resident or owner.
3.40.090 Application for Exemption from Relocation Assistance Obligations A. Any Applicant for change of use of a mobile home park may, simultaneous with such application, file an application for total or partial exemption from the obligation to provide relocation assistance.
B. If such application is filed, notice of such application, with the information contained therein, and distribution thereof to the owners and residents of the mobile home park shall be provided with the application for change of use.
C. Any such application shall establish that it is made on either or both of the following bases:
1. That provision for relocation assistance would eliminate substantially all reasonable use or economic value of the property. Such basis may only be established if it is demonstrated that the imposition of such obligations would eliminate the reasonable use or economic value of the property for alternate uses, and that continued use of the property as a mobile home park would eliminate substantially all reasonable use or economic value of the property for reasons not caused or contributed by the park owner or Applicant.
2. That a court of competent jurisdiction has determined in connection with a proceeding in bankruptcy that the closure or cessation of use of said property as a mobile home park is necessary, and that such court has taken further action which would prohibit or preclude payment of relocation assistance benefits, in whole or in part.
D. Any such application made pursuant to Subsection (C)(1) shall contain, at a minimum, the following information:
1. Statements of profit and loss from the operations of the mobile home park for the most recent five-year period of the date of the application or request, certified by a certified public accountant. All such statements shall be maintained in confidence as permitted by the California Public Records Act.
2. A statement to support the Applicant's assertion that continued use of the property as a mobile home park necessitates repairs or improvements or both, that are not the result of the park owner or Applicant's negligent failure to properly maintain the property, and that the costs thereof make continuation of the park economically infeasible. This statement must be made under penalty of perjury by a general contractor licensed as such pursuant to the laws of the State of California to certify that such contractor has thoroughly inspected the entire mobile home park; that such contractor has determined that certain repairs and improvements must be made to the park to maintain the park in decent, safe and Mobile Home Park Conversion Process 3.40.0100
3-56 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
sanitary condition, and that those certain repairs are not the result of the park owner or Applicant's negligent failure to properly maintain said property; the minimum period of time in which such improvements or repairs must be made; and itemized statement of such improvements and repairs; and the estimated cost thereof of repairs and improvements, if any, due to deferred maintenance separately identified. The Applicant shall also submit a statement verified by a certified public accountant as to the necessary increase in rental rates of mobile home spaces within the park within the next five years necessary to pay for such repairs or improvements that are not the result of the park owner or Applicant's negligent failure to properly maintain said property. If the Director requires an analysis of the information submitted by the general contractor, the Director may procure services of another such licensed general contractor to provide such written analysis, and the cost thereof shall be billed to and payment therefore shall be required from the Applicant.
3. The estimated total cost of relocation assistance which would otherwise be required to be provided pursuant to this chapter, which shall be based upon documented surveys, included with the application, of the available mobile home spaces within 25 miles of the mobile home park, residents of the park who are willing to relocate and those who would elect to sell their mobile homes, and the value of the mobile homes in the park.
4. An estimate of the value of the mobile home park by a qualified real estate appraiser if the park were permitted to be developed for the change of use proposed in the application for redevelopment of the park, and an estimate of the value of such park by such appraiser if use of the property as a mobile home park is continued.
5. Such other information which the Applicant believes to be pertinent, or which may be required by the Director.
E. Any such application filed pursuant to Subsection (C)(2) shall be accompanied by adequate documentation as to the title, case number, and court in which the bankruptcy proceeding was held, and copies of all pertinent judgments, orders, and decrees of such court.
3.40.0100 Certification of Acceptance
Upon City approval of a conversion impact report, the Applicant shall record a certificate of acceptance on the title of the mobile home park property. City approval of a conversion impact report shall not be effective until proof of recordation of a certificate of acceptance has been delivered to the Director. The Director shall provide the certificate of acceptance form for use by Applicants.
3.40.0110 Mobile Home Park Conversion Process
City of Grover Beach Development Code 3-57
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
3.40.0110 Performance of Mitigation Measures
The Applicant shall fully perform the mitigation measures set forth in, and the conditions imposed in connection with, the approved conversion impact report and such performance shall also be a condition of approval of any concurrent or subsequent development application proposing an alternate or replacement use of the mobile home park property. No affected mobile home owner or resident shall be required to vacate a mobile home space unless the Applicant has performed all mitigation measures and conditions of approval applicable to such owner or resident.
3.40.0120 Modification of Conversion Impact Report
A. The Planning Commission may, upon request of Applicant and after holding a public hearing, modify the provisions of an approved conversion impact report. A modification may be approved where the Planning Commission finds that there has been a change in circumstances, or there is new information that could not have reasonably been known or considered at the time of the original hearing on approval of the conversion impact report.
B. The Planning Commission may impose additional conditions as deemed necessary to mitigate any adverse impacts resulting from a modification of an approved conversion impact report.
C. Upon City approval of modification of an approved conversion impact report with additional conditions, the Applicant shall record a certificate of acceptance on the title of the mobile home park property. City approval of modification of an approved conversion impact report shall not be effective until proof of recordation of a certificate of acceptance has been delivered to the Director.
3.40.0130 Expiration of Conversion Impact Report
A. An approved conversion impact report shall expire: (i) the 30th day after adoption of the resolution of approval, unless proof of recordation of a certificate of acceptance is delivered to the Director prior to such date; or (ii) one year after delivery to the Director of proof of recordation of a certification of acceptance, unless an extension is granted prior to such date pursuant to this Section.
B. The Planning Commission may, upon request of the Applicant and after holding a public hearing, extend the term of an approved conversion impact report. An extension may be granted where the Planning Commission finds that expiration of the conversion impact report would constitute an undue economic hardship to the Applicant.
Mobile Home Park Conversion Process 3.40.0140
3-58 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
C. The Planning Commission may impose additional conditions as deemed necessary to mitigate any adverse impacts resulting from an extension. The Planning Commission may grant multiple extensions of an approved conversion impact report but no single extension shall have a duration in excess of one year.
D. Upon City approval of an extension of an approved conversion impact report with additional conditions, the Applicant shall record a certificate of acceptance on the title of the mobile home park property. City approval of an extension of an approved conversion impact report shall not be effective until proof of recordation of a certificate of acceptance has been delivered to the Director.
3.40.0140 Nullification of Impact Report
A. The Planning Commission may, upon request of the Director and after holding a public hearing, order an approved conversion impact report null and void. No nullification shall be ordered unless the Planning Commission makes either of the following findings:
1. Approval of the conversion impact report was obtained fraudulently.
2. The Applicant has failed to comply with the mitigation measures set forth in, or the conditions imposed in connection with, the approved conversion impact report.
B. If a conversion impact report is nullified, then the Applicant shall not be entitled to perform the mobile home park conversion until a new conversion impact report is approved in accordance with this Section.
3.40.0150 Right of First Refusal
An Applicant shall afford affected mobile home owners and residents a right of first refusal to purchase, lease or rent housing that is constructed for sale, lease or rental on the site of the mobile home park proposed to be converted.
3.40.0160 Appeal
Any Planning Commission decision pursuant to this Section may be appealed to the City Council in accordance with Section 7.20 (Appeals).
3.40.0170 Mobile Home Park Conversion Process
City of Grover Beach Development Code 3-59
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
3.40.0170 Processing Fees
Each Applicant seeking City approval, modification or extension of a conversion impact report shall pay a nonrefundable application deposit in an amount established by City Council resolution. In addition, the Applicant shall reimburse the City for all costs, including staff time and attorney's fees, incurred in processing and reviewing the Applicant's conversion impact report.
3.40.0180 Building Permits
No building permit shall be issued for conversion of a mobile home park property until the Applicant has filed with the Director a written statement confirming full performance of the mitigation measures set forth in, and the conditions imposed in connection with, the approved conversion impact report. Such statement shall specify in itemized form the name of each affected mobile home owner and resident and the date and type of relocation assistance provided to such person. The statement shall be executed under penalty of perjury.
3.40.0190 Exemption
This Section shall not apply to any mobile home park conversion or closure resulting from an adjudication of bankruptcy.
Parking Regulations 3.50.010
3-60 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
3.50 Parking Regulations
Sections:
3.50.010 Purpose
3.50.020 Applicability
3.50.030 General Provisions
3.50.040 Required Parking Spaces
3.50.050 Bicycle Parking Spaces
3.50.060 Parking Reductions
3.50.070 Location of Required Parking
3.50.080 Parking Districts
3.50.090 Loading
3.50.100 Parking Design and Driveway Standards
3.50.110 Residential Front and Street Side Setback Parking
3.50.010 Purpose
A. Require parking spaces for all land uses that are sufficient in number, size, and arrangement;
B. Offer flexible means of minimizing the amount of required parking spaces by allowing reductions for projects with transit accessibility, fractional density, shared parking facilities, and in other situations expected to have lower vehicle parking demand; and C. Establish standards and regulations for safe and well-designed parking, unloading, and vehicle circulation areas that minimize conflicts between pedestrian and vehicles within parking lots.
3.50.020 Applicability
A. New Buildings and Land Uses. Parking shall be provided in accordance with this Section at the time any main building or structure is erected, or any new land use or new residential unit is established.
B. Existing Buildings and Land Uses. Existing buildings and land uses that are conforming or nonconforming to the requirements of this Section may be changed, altered, or enlarged as follows.
1. Residential Buildings and Uses.
a. Additions to existing residences which are no greater than 500 square feet are not required to meet the parking standards of this Section, but shall be required to retain the number and type (covered or uncovered) of existing parking spaces.
b. Additions greater than 500 square feet are required to comply with parking standards in this Section; however, the Review Authority may make minor
3.50.030 Parking Regulations
City of Grover Beach Development Code 3-61
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
exceptions for parking space dimensions if it can be demonstrated that it is unreasonable or impractical.
2. Non-Residential Buildings and Uses.
a. Additions. Where an addition of floor area creates an increase of 10 percent or more of the existing square footage, additional parking as required in Table 3.3 shall be provided for the increase in parking required for the addition.
i. The existing parking shall be maintained.
ii. If the number of existing parking spaces is greater than the requirements for such use, the number of spaces in excess of the prescribed minimum may be counted toward meeting the parking requirements for the addition.
b. Change in Use. Where an existing land use is changed to another land use, parking shall be provided in accordance with this Section except as follows. i. Coastal Visitor Serving, Central Business, and Central Business Open Zones. No additional off-street parking is required for a change in use of an existing structure in the Coastal Visitor Serving, Central Business, and Central Business Open zones, provided that for locations within the Coastal Zone, any adverse impacts to public access are appropriately mitigated.
c. Same Use. Where an existing use is proposed to be replaced with the same use that previously occupied the building, no additional parking is required.
All commercial/industrial buildings in an industrial zone that do not meet the minimum parking requirements of this Section are allowed to have uses that require one space per 750 square feet.
C. When Constructed. Parking facilities required by this Section shall be constructed or installed prior to the issuance of a Certificate of Occupancy for the uses that they serve.
3.50.030 General Provisions
A. Existing Parking to be Maintained. No existing parking serving any use may be reduced in amount or changed in design or location below the requirements for such use, unless equivalent substitute facilities are provided, or it is necessary to comply with accessible parking spaces required by the California Building Code.
B. Accessibility. Parking and loading areas shall be accessible for its intended purpose during all hours of operation.
Parking Regulations 3.50.040
3-62 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
C. Valet and Stacked Parking. Stacked or valet parking is allowed if an attendant is present or an automated system is in place to move vehicles. If stacked parking managed by an attendant is used for required parking spaces, an acceptable form of guarantee must be filed with the Director ensuring that an attendant will be present while the lot is in operation.
D. Recreational Vehicle Parking. Boats, trailers, and other recreational vehicles may be parked in any Residential Zone in compliance with Municipal Code Article V.
3.50.040 Required Parking Spaces
A. Minimum Number of Spaces Required. Each land use shall provide the minimum number of parking spaces stated in Table 3.34, Required Parking Spaces by Land Use, unless otherwise provided in this Section. The parking requirement for any use not listed in Table 3.34 shall be determined by the Director based upon the requirements for the most similar comparable use, the particular characteristics of the proposed use, and any other relevant data regarding parking demand. Where a parking requirement is provided as a ratio of parking spaces to floor area, the floor area shall be calculated based on gross floor area, unless otherwise stated.
B. Fractional Density Parking Incentives. Notwithstanding the requirements of Table
3.4, multi-unit detached dwellings, multi-unit attached dwellings, and mixed-use development projects that incorporate at least 50 percent fractional density units shall receive parking incentives for residential components as follows:
1. Guest parking requirement waived for the project; and
2. Parking requirement reduced to one space per unit for the fractional density units.
C. West Grand Avenue. Notwithstanding the requirements of Table 3.4, the commercial component parking ratio for mixed-use projects fronting West Grand Avenue shall be one space per 450 square feet of floor area and one space per 1,500 square feet of outdoor use area.
Table 3.34 Required Parking Spaces by Land Use
Land Use Parking Requirement
Residential
Accessory Dwelling Unit (ADU) / Junior Accessory
Dwelling Unit (JADU)
None
Single-FamilyUnit Dwelling 2 spaces per unit
3.50.040 Parking Regulations
City of Grover Beach Development Code 3-63
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
Table 3.34 Required Parking Spaces by Land Use
Land Use Parking Requirement
Multi-Unit and Mixed-Use Residential Component 1 guest space per every 4 units plus parking per unit as follows:
Studios: 1 space per unit
One-bedroom units: 1 space per unit
Two or more bedroom units:
o Extremely-low-, very-low-, and low-income
affordable housing units in all zones: 1.5
spaces per unit
o CVS, VS, CB, CBO, and CC zones: 1.5
spaces per unit
o All zones other than CVS, VS, CB, CBO and
CC zones: 2 spaces per unit
Guest Parking: 1 guest space per every 4 units
Fractional density units shall comply with Section
3.50.040.B.(Fractional Density Parking Incentives).
Multiple Detached Dwellings/Cluster Developments 2 spaces per unit plus 1 guest space per every 2 units.
However, no guest parking is required for units served
by an individual driveway 20 feet or more in length.
Fractional density units shall comply with Section
3.50.040.B.(Fractional Density Parking Incentives).
Boarding House 1 space per every 2 units
Caretaker’s Residence 1 space per unit
Communal Housing 1 space per unit
Day Care – Small or Large Family Home None beyond the parking required for the residential dwelling
Day Care – Large Family Home 1 on-site passenger loading space, which may be located in the driveway, in addition to the parking
required for the residential dwelling
High Occupancy Residential 1 space per adult occupant, minus 2 spaces of the aggregate
Live/Work Each live/work unit shall provide parking based on the area of commercial or industrial use, or a minimum of
two spaces, whichever is greater. The Review Authority
may modify this requirement for the use of existing
structures with limited parking.
Low Barrier Navigation Center No additional parking is required beyond the standard for residential dwellings in the zone in which the use is located.
Parking Regulations 3.50.040
3-64 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
Table 3.34 Required Parking Spaces by Land Use
Land Use Parking Requirement
Residential Care 1-6 clients None beyond the parking required for the residential dwelling
Residential Care - 7 or more clients 1 space per every 3 beds Residential Care Facility for the Elderly 1 space per every 3 beds Residential Common Area Developments (PUDs) 2 garage spaces per unit plus 1 guest space per every 2 units. However, no guest parking is required for units served by an individual driveway 20 feet or more in
length.
Senior Housing 1 space per unit plus 1 guest space per every 4 units Single Room Occupancy Facility 1 space per every 3 units Tiny Homes on Wheels None
Transitional & Supportive Housing None beyond the parking required for the residential dwelling No additional parking is required beyond the
standard for residential dwellings in the zone in which the use is located. None is required if the Transitional or Supportive Housing is located within one-half mile of
any high-frequency public transit stop.
Retail
Adult Business 1 space per 300 square feet of floor area Automobile Service Station 1 space per 300 square feet of floor area Bar/Tavern/Night Club 1 space per 200 square feet of floor area and any outdoor use area
Building/Landscape Materials 1 space per 300 square feet of floor area plus 1 space per 1,500 square feet of outdoor use area
Fuel Dealer 1 space per 300 square feet of floor area plus 1 space per 1,500 square feet of outdoor use area
Retail 1 space per 300 square feet of floor area plus 1 space per 1,500 square feet of outdoor use area
Plant Nursery 1 space per 300 square feet of floor area plus 1 space per 1,500 square feet of outdoor use area
3.50.040 Parking Regulations
City of Grover Beach Development Code 3-65
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
Table 3.34 Required Parking Spaces by Land Use
Land Use Parking Requirement
Restaurant When located on a site with multiple uses and restaurant square footage is less than 50% of the
total building square footage on site: 1 space per
300 square feet of floor area and outdoor seating
area
Otherwise: 1 space per 200 square feet of floor
area and outdoor seating area
No additional parking is required for sidewalk
seating in accordance with Section 4.10.190
(Sidewalk Seating for Outdoor Dining)
Vehicle Sales 1 space per 300 square feet of floor area Wine Tasting 1 space per 300 square feet of floor area plus 1 space per 1,500 square feet of outdoor use area
Services
Animal Boarding 1 space per employee plus 1 space for animal loading and unloading
Animal Care Facility 1 space per 300 square feet of floor area Business Support Services 1 space per 300 square feet of floor area Catering Service 1 space per 300 square feet of floor area Child Day Care – Day Care Center 1 space per 300 square feet of floor area Equipment Rental 1 space per 300 square feet of floor area Financial Institutions 1 space per 300 square feet of floor area Lodging 1 space per guest room
Maintenance Service – Client Site Services 1 space per 300 square feet of floor area Massage Establishments 1 space per 300 square feet of floor area Medical Services – Clinic/Urgent Care 1 space per 300 square feet of floor area Medical Services – Doctor Office 1 space per 300 square feet of floor area Medical Services – Extended Care 1 space per every 3 beds Mortuary/Funeral Home 1 space per 300 square feet of floor area Office 1 space per 300 square feet of floor area
Personal Service 1 space per 300 square feet of floor area Parking Regulations 3.50.040
3-66 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
Table 3.34 Required Parking Spaces by Land Use
Land Use Parking Requirement
Repair Services 1 space per 300 square feet of floor area Vehicle Rental 1 space per 300 square feet of floor area Vehicle Repair and Services 1 space per 300 square feet of floor area Industry, Manufacturing & Processing
High Technology Uses 1 space per 750 square feet of floor area plus 1 space per 2,000 square feet of outdoor use area
Manufacturing, Artisan 1 space per 750 square feet of floor area plus 1 space per 2,000 square feet of outdoor use area
Manufacturing/Processing 1 space per 750 square feet of floor area plus 1 space per 2,000 square feet of outdoor use area
Media Production 1 space per 750 square feet of floor area plus 1 space per 2,000 square feet of outdoor use area
Printing and Publishing 1 space per 750 square feet of floor area plus 1 space per 2,000 square feet of outdoor use area
Recycling-Processing Facilities 1 space per 750 square feet of floor area plus 1 space per 2,000 square feet of outdoor use area
Storage-Warehouse 1 space per 750 square feet of floor area plus 1 space per 2,000 square feet of outdoor use area
Storage-Outdoor 1 space per 750 square feet of floor area plus 1 space per 2,000 square feet of outdoor use area
Storage – Personal Storage Facility 1 space per 50 storage units, minimum of 2 spaces Storage-Vehicles 1 space per 750 square feet of floor area plus 1 space per 2,000 square feet of outdoor use area
Wholesaling and Distribution 1 space per 750 square feet of floor area plus 1 space per 2,000 square feet of outdoor use area
Recreational, Education & Public Assembly
Commercial Recreation Facility - Indoor Theater/Cinema:
1 space per 20 square feet of seating floor area
Other:
1 space per 500 square feet of floor area
Commercial Recreation Facility – Outdoor 1 space per 1,000 square feet of lot area
3.50.040 Parking Regulations
City of Grover Beach Development Code 3-67
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
Table 3.34 Required Parking Spaces by Land Use
Land Use Parking Requirement
Community Gardens 2 spaces
Health/Fitness Facility 1 space per 300 square feet of floor area Meeting Facility, public or private 1 space per 4 seats, but not less than 1 space per 40 square feet of floor area of the largest meeting hall
Recreational Vehicle Park 1 space per unit plus 1 guest space per every 4 units Specialized Education/Training 1 space per 300 square feet of floor area Studio – Art, Dance, Martial Arts 1 space per 300 square feet of floor area Transportation & Infrastructure
Freight Terminal 1 space per 300 square feet of office floor area Parking Facility 1 space per 300 square feet of office floor area Telecommunication Facility 1 space per 300 square feet of office floor area D. Calculation of Required Spaces.
1. Fractions. When the number of parking spaces required result in a fraction of a space, fractions of one-half (0.5) or greater shall be rounded up to the nearest whole number and fractions of less than one-half (0.5) shall be rounded down to the nearest whole number.
2. Accessory or Incidental Uses.
a. 10 Percent or Less. Accessory or incidental uses that occupy 10 percent or less of the square footage of the primary use on a site shall not be subject to additional parking requirements other than required for the primary use. b. More than 10 Percent. For accessory or incidental uses that occupy more than 10 percent of the square footage of the primary use on a site, the number of required parking spaces shall be equal to the sum of the requirements for each use calculated as follows:
i. The number of required parking spaces shall be calculated separately for each use to the hundredth decimal place and summed together and then rounded as described pursuant to Subsection D.1 (Fractions).
3. Sites With Multiple Uses. If more than one use is located on a site, the number of required parking spaces shall be equal to the sum of the requirements for each use as follows, unless a reduction is approved pursuant to Section 3.50.060 (Parking Reductions).
Parking Regulations 3.50.050
3-68 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
a. The number of required parking spaces shall be calculated separately for each use to the hundredth decimal place and summed together. If the sum of the number of required parking spaces calculated separately for each use to the hundredth decimal place contains a fraction of a whole number, the result shall be rounded as described pursuant to Subsection D.1 (Fractions).
4. On-street Parking. In the CVS, VS, CB, CBO, CIC, and CC zones, on-street parking along a lot’s corresponding frontage lines may be counted toward the parking requirement for Retail and Service commercial uses. Where on-street parking is not marked, 22 lineal feet of curb space shall constitute an on-street parking space. Where an on-street parking space is adjacent to multiple lots, the credit shall be given to the development on the lot whose frontage contains more than 50 percent of the parking space length.
Figure 3.615 – On-Street Parking Credit
3.50.050 Bicycle Parking Spaces
Bicycle parking shall be provided in accordance with Building Code requirements.
3.50.060 Parking Reductions
A. Motorcycle Parking. Motorcycle parking may substitute up to five percent of the required number of parking spaces for parking lots with 20 or more spaces. Each motorcycle space must be at least four feet wide and seven feet deep, and can accommodate two-wheeled motorized vehicles, including scooters, mopeds, and similar vehicles.
B. Transit Accessibility. For any land use except for Single-Unit and Multi-Unit Detached Dwellings and projects using fractional density pursuant to Section
3.50.060 Parking Regulations
City of Grover Beach Development Code 3-69
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
3.10.025Planned Unit Developments, the number of required parking spaces may be reduced by up to 10 percent if any portion of the lot is located within 1000 feet of a transit route with regular, scheduled service during the weekday hours of 7:00 a.m. to 9:00 a.m. and 5:00 p.m. to 7:00 p.m.
C. Car Sharing Programs. For any land use except for Single-Unit and Multi-Unit Detached Dwellings and projects using fractional density pursuant to Section
3.10.025, required parking spaces may be substituted with designated carshare vehicle parking space, and the required number of parking spaces may be reduced, pursuant to the following:
1. Reduction Allowed. A 10 percent reduction in the required parking shall be allowed where 10 percent of the net required spaces are designated as carshare vehicle parking spaces.
2. Car Share Service Only. Car share vehicles shall be maintained for active use by a car share service and not for other purposes. No sales, servicing, storage, repair, administrative, or similar functions shall occur and no personnel shall be employed on the site except for occasional short-term maintenance of vehicles, unless otherwise permitted by the land use regulations of the zone in which the car share facility is located.
3. Accessibility. Car sharing parking spaces shall be made available to a car share organization for purposes of providing car share services for service subscribers.
In addition to conforming to the requirements of Section 3.50.0100 (Parking Design and Driveway Standards), the parking area shall be designed to be accessible to local and non-local car share subscribers 24 hours a day, seven days a week.
a. Exception. Car share parking spaces may be occupied by non-car share vehicles, if it is demonstrated to the satisfaction of the Director that no car share organization can make use of the parking spaces. This is provided that upon 90 days of advance written notice to the property owner from a car share organization, the property owner shall terminate any non-car share leases for such spaces and shall make the spaces available to the car share organization.
4. Recorded Covenant. Prior to issuance of a building permit, a covenant shall be recorded identifying the number and location of the car share parking spaces.
The location of the car share spaces shall be subject to approval by the Director.
D. Other Parking Reductions. Required parking for any use may be reduced through approval of an Administrative Development Permit or Administrative Use Permit as follows:
1. Review Process. The Director may approve parking reductions of 10 percent or less of the number of required parking spaces subject to approval of an Administrative Development Permit. Reductions of more than 10 percent are subject to approval of an Administrative Use Permit.
Parking Regulations 3.50.070
3-70 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
1. Criteria for Approval. The Review Authority may approve a parking reduction if one of the following findings can be made:
a. Special conditions exist—including, but not limited to, the nature of the proposed operation; peak hours of uses that share the parking facility will not overlap or coincide; transportation characteristics of persons residing, working, or visiting the site; or because the applicant has undertaken a transportation demand management program that reduce parking demand at the site, or
b. Coastal Commercial Zone. In the Coastal Commercial zone, the Review Authority may reduce the parking requirements in this Section if a finding is made that the existing structure location and/or lot size render the parking requirement unreasonable or impractical (e.g., a portion of the existing building would need to be removed) and any adverse impacts to public access are mitigated.
2. Parking Demand Study. In order to evaluate a proposed project’s compliance with the above criteria, a parking demand study which substantiates the basis for granting a parking reduction may be required.
3.50.070 Location of Required Parking
A. Setback Areas. Parking spaces shall not be located within required setback areas except as otherwise noted in this Development Code and as allowed below.
1. Single-Unit DwellingsFamily Residences. Parking may be located within the setback area if the following standards are met:
a. A minimum dimension of 9-foot by 18-foot for each space. b. All parking spaces shall be located behind existing or future sidewalk. c. Parking spaces shall be located on an all-weather surface as approved by the City Engineer (e.g., hardscape, gravel) and accessed by a driveway apron or curb cut.
d. Parking shall be located on paved areas that are designed in compliance with Section 3.50.100.C.2.b (Maximum Width in Residential Zones).
2. Multi-FamilyUnit Attached and Detached Dwellings in Residential Zones. Parking may be located within the side or rear setback areas. Review Authority may allow parking in side and rear setback areas.
B. Recreational Vehicle Parking. Recreational vehicle parking shall comply with Municipal Code Article V, Section 5217 (Parking of Trailers, Recreational Vehicles, and Boats on Private Property).
3.50.080 Parking Regulations
City of Grover Beach Development Code 3-71
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
C. BOn-Site Parking Requirement and Off-Site Parking Allowance. Required parking shall be located on the same lot as the use it serves, except as allowed below.
1. Off-Site Parking Allowance. Required parking may be located off-site provided the following conditions are met.
a. Location.
i. Residential Uses. Off-site parking facilities shall be located within 200 feet, along a pedestrian route, of the unit or use served. ii. Non-Residential Uses. Off-site parking facilities shall be located within 500 feet, along a pedestrian route, of the main entrance containing the use served.
b. Parking Agreement. A written agreement between the landowner and the City in a form satisfactory to the City Attorney shall be executed and recorded in the Office of the County Recorder. The agreement shall include:
i. A guarantee from the landowner for access to and use of the shared parking facility; and
ii. A guarantee that the spaces to be provided will be maintained and reserved for the uses served for as long as such uses are in operation.
3.50.080 Parking Districts
Parking required in any Commercial or Industrial Zone may be reduced below the stated requirements when included within a City Council approved public parking district or assessment district for financing off-street parking facilities.
3.50.090 Loading
All uses requiring the receipt or distribution by vehicles or trucks of material or merchandise shall provide off-street loading and unloading areas to handle the volume of truck traffic and loading requirements.
A. Commercial and Industrial Buildings.
1. Number of Loading Spaces Required. At a minimum, one loading space shall be provided for all commercial and industrial buildings in excess of 10,000 square feet plus one additional space for every additional 40,000 square feet of floor area.
Parking Regulations 3.50.0100
3-72 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
a. Multi-Tenant Buildings. The gross floor area of the entire building shall be used in determining spaces for multi-tenant buildings. A common loading area may be required, if each tenant space is not provided with a loading area. Drive-in roll-up doors for multi-tenant industrial projects may be substituted for required loading areas.
2. Reduction to Number of Loading Spaces Required. The Director may waive the loading space upon finding that the applicant has satisfactorily demonstrated that, due to the specific nature of the use and building, such loading space will not be necessary.
3. Additional Loading Spaces Required. Additional loading spaces may be required to ensure that trucks will not be loaded, unloaded, or stored on public streets.
Such requirement shall be based on the anticipated frequency of truck deliveries.
B. Location. Loading zones and docks shall be located to the rear of properties and no truck entrance door, loading zone, or dock-serving commercial vehicles shall be permitted to face a residential area within 50 feet.
1. Exceptions. The location requirement may be modified or waived where the Review Authority finds that:
a. The intended use of the property or the location of or shape of the site and/or existing development warrant a variation,
b. That street-facing loading areas will exhibit architectural treatment, or will be enhanced with landscaping, in such a way as to minimize visual and noise impacts, and
c. There are specific features of the site and design of the building such that strict application of the orientation requirement is impractical.
C. Size and Dimensions. Each on-site loading space required by this Section shall not be less than 10 feet wide, 35 feet long, and 14 feet high. The minimum size requirement may be modified if the Director finds that the applicant has satisfactorily demonstrated that due to the nature of the proposed use, such size will not be needed.
3.50.0100 Parking Design and Driveway Standards
All parking areas shall be designed and developed consistent with the following standards.
A. Tandem Parking. Tandem parking may be permitted to satisfy parking requirements for single-familyunit and multi-familyunit residential uses in accordance with the following:
1. No more than two vehicles shall be placed one behind the other.
2. Both spaces shall be assigned to the same dwelling unit.
3.50.0100 Parking Regulations
City of Grover Beach Development Code 3-73
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
3. Tandem parking shall not be used to meet a guest parking requirement.
B. Assigned Parking. Lots developed with multiple uses and a shared parking area shall not assign parking spaces to individual tenant spaces or uses, except that parking spaces for residential uses in a mixed-use development shall be assigned to residential occupants.
C. Parking Access and Driveways.
1. Forward Egress Required. All parking access and driveways shall be designed to require vehicles to enter a public street in a forward direction, except for lots adjacent to alleys and for single-unit and multi-unit detached dwellingsfamily residences having access from local and collector streets. Single-unit and multiunit detached dwellingsfamily residences having access from an arterial street shall provide an on-site turnaround. Dead end parking areas shall be designed with an adequate turnaround area. Exceptions for existing parking lots with less than five spaces may be approved by the City Engineer if there is no feasible alternative and it would not create a traffic safety issue. The City Engineer may approve exceptions to this subsection if there is no feasible alternative and it would not create a traffic safety issue.
2. Driveway and Private Street Width.
a. Minimum Width.
i. Planned Unit Developments and Cottage Clusters, Multi-Unit Residential, and Mixed-Use Projects. Planned Unit Developments, and multi-unit residential, and mixed-use projects with one access point shall provide the following minimum common driveway width and back-up distance unless otherwise approved by the City Engineer.
(1) Minimum Common Driveway Width: 18 14-feet or 10 feet for lots with a depth of 200 feet or less.
(2) Minimum Back-up Distance from Garage Doors and Parking Spaces:
24 22-feet. Minor exceptions may be approved by the City Engineer where it can be demonstrated that adequate turnaround can be provided to allow vehicles to enter a street in a forward direction. ii. Non-Residential Commercial and Industrial Development. Private streets/driveways in all non-residential usescommercial and industrial developments shall be a minimum of 24-feet wide.
b. Maximum Width in Residential Zones. Paving for parking areas in residential zones shall be limited to a maximum of 50 percent of the front or street side setback areas or 27 feet in width, whichever is less, to limit the amount of hardscape paving in these areas (refer to Figure 3.164); except that the Review Authority may allow an increase for irregularly shaped or small lot that lacks sufficient area for adequate driveway or for projects with three or more units through the Modification to Standards process. The maximum Parking Regulations 3.50.0100
3-74 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
width of a driveway shall not exceed 36-feet unless it can be demonstrated that the type of use requires a wider driveway subject to review and approval by the City Engineer or Review Authority.
Figure 3.16 – Examples of Paving in Front and Street Side Setback Areas
3. Driveway Aprons.
a. Width. Apron widths shall be constructed in compliance with the City’s Standards and Specifications.
i. Single Family Residences. All driveway aprons serving single family residences shall be a minimum of 10-feet wide and a maximum of 24-feet wide. The area of driveways/paving shall comply with Development Code Section 3.30.040.D for maximum areas of paving allowed. ii. Multi-Family Residential and Non-Residential Development. All driveway aprons serving multi-family and non-residential uses shall be a minimum of 14-feet wide for one-way driveways and 24-feet wide for two-way driveways.
b. Separation. All driveway aprons on abutting parcels shall be separated by a minimum of two-feet of full height curb or berm. Exceptions may be approved by the City Engineer when it can be demonstrated that it is not feasible and/or will not create a traffic safety issue.
3.50.0100 Parking Regulations
City of Grover Beach Development Code 3-75
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
c. Encroachment Permit Required. An Encroachment Permit for a new driveway apron shall be conditioned to remove all abandoned driveway aprons and replace with new curb, gutter and sidewalk per City Standards.
4. Corner Radius. The minimum inside corner radius for common parking areas for multi-unit residential and all non-residential uses shall be 20 feet.
D. Size of Parking Spaces and Maneuvering Aisles. Parking spaces and maneuvering aisles shall meet the minimum dimensions required by this Subsection.
Screening walls, roof support posts, columns, or other structural members shall not intrude into the required dimensions for parking spaces.
1. Standard Parking Spaces and Drive Aisles. The minimum basic dimension for standard parking spaces is 9 feet by 18 feet, with a minimum vertical clearance of seven feet. Table 3.45, Standard Parking Space and Aisle Dimensions, provides the dimensions of spaces and aisles according to the angle of parking spaces. The required aisle width may be modified if the City Engineer finds that sufficient space is provided, so that maneuvering areas will not interfere with traffic and pedestrian circulation.
Table 3.45: Standard Parking Space and Aisle Dimensions Angle of Parking Stall Width Stall Depth Aisle Width
Parallel 8 ft 22 ft (curb length) 14 ft
45⁰ 12 ft 9 in 19 ft 1 in One way: 14 ft
Two-way: 20 ft
60⁰ 10 ft 5 in 20 ft 9 in One way: 16 ft
Two-way: 20 ft
90⁰ 9 ft 18 ft 24 ft
Parking Regulations 3.50.0100
3-76 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
Figure 3.717 – Parking Space and Aisle Dimensions
2. Compact Parking Spaces. For any use that provides four or more parking spaces, up to 25 percent of the required spaces may be reduced to eight by 16 feet and labeled “compact”.
3. Parking Spaces Adjacent to a Property Line or Obstruction. The width of each parking space adjacent to a property line or a wall, fence, or other solid obstruction shall be increased by one foot.
4. Minimum Dimensions for Garages. Garage parking spaces as measured from the interior walls shall be a minimum of 10-feet by 20-feet; double spaces shall be 20-feet by 20-feet. Minor encroachments into the required spaces may be approved by the Director for water heaters, steps, and other similar features.
E. Striping and Marking. Parking spaces shall be painted white lines 4-inches in width or with alternative materials as approved by the City Engineer.
F. Bumpers, Curbs, and Wheel Stops. A permanent curb, bumper, wheel stop, or similar device shall be installed where spaces are perpendicular to a structure, City right-of-way, or landscaping. A six-inch high concrete curb surrounding a landscape area at least six feet wide may be used as a wheel stop, provided that the overhang will not damage or interfere with plant growth or its irrigation. A concrete sidewalk
3.50.0110 Parking Regulations
City of Grover Beach Development Code 3-77
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
may be used as a wheel stop if the overhang will not reduce the walkway width to below the minimum required width.
G. Paving and Surfacing. All parking lots shall be paved with an all-weather surface.
Pervious materials may be used on private property (i.e., not in the City right-of-way) as approved by the City Engineer. Parking surfaces and striping shall be maintained in good condition.
H. Drainage. Parking lot plans shall include a drainage plan subject to review and approval by the City Engineer.
I. Lighting. Lighting shall be provided in compliance with Section 3.10.040 (Outdoor Lighting).
J. Landscaping. Landscaping and screening shall be provided in compliance with Section 3.30 (Landscaping Standards).
3.50.0110 Residential Front and Street Side Setback Parking A. Applicability. These regulations apply to vehicle parking in residential zones within the front and street side setback areas as defined in Section 9.10.020 (Definitions of specialized terms and phrases). No person shall park, stop, or leave standing any vehicle, operable or inoperable, unless consistent with the provisions of this Section.
B. Parking Allowed. Vehicles parked in front and street side setback areas of residential lots shall conform to all of the following:
1. Vehicle parking shall comply with the size, surface and other standards in Section 3.50.070 (Location of Required Parking) and the maximum driveway areas in Subsection 3.30.040.D.
2. Vehicles, including tires, shall be parked completely within the designated parking area.
3. Vehicles may be parked in tandem (one vehicle behind the other) provided that no part of the vehicle encroaches into an existing sidewalk.
Parking Regulations 3.50.0110
3-78 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
Figure 3.8 18 – Examples of Allowed Parking on Driveways C. Parking Prohibited. Vehicle parking shall be prohibited within the front or street side setback areas under the following conditions:
1. Outside of the designated parking area or driveway. Vehicles shall not be parked outside the driveway width area leading to garage or allowed parking area or in any other manner inconsistent with Subsection B (Parking Allowed), including where vehicles are “straddling” or are partially on the driveway or designated parking area.
2. On lawn, landscaped areas, dirt, or mulch.
3. Diagonal Parking configuration. Vehicles shall not be parked diagonally or in any other configuration that would require vehicle circulation outside the width of the driveway area.
Figure 3.199 – Examples of Prohibited Parking on Driveways
3.60.010 Sign Regulations
City of Grover Beach Development Code 3-79
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
3.60 Sign Regulations
Sections:
3.60.010 - Purpose
3.60.020 - Applicability
3.60.030 - Exempt Signs
3.60.040 - Prohibited Signs
3.60.050 - Application Requirements
3.60.060 - Signage within the Coastal Zone
3.60.070 - Requirements for All Signage
3.60.080 - Temporary Signs
3.60.090 - Permanent Signs
3.60.100 - Special Consideration Signs
3.60.110 - Nonconforming Signs
3.60.120 - Signs on City Property
3.60.010 Purpose
A. The purpose of this Section is to promote public safety and welfare by regulating signs in keeping with the following objectives:
1. The design, construction, installation, repair and maintenance of signs will not interfere with traffic safety or otherwise endanger public safety;
2. Regulations established by the City Council will provide reasonable protection to the visual environment by controlling the size, height, spacing, and location of signs;
3. That residents, visitors, and sign users will benefit from signs having improved legibility, readability, and visibility; and
4. Adequacy of message opportunities will be applicable to sign users without dominating the visual appearance of the area.
3.60.020 Applicability
A. This Section applies to all signs including on-site signs, off-site signs, and temporary signs within the City.
B. No person shall install, alter, or relocate any sign within the City without first meeting requirements of Section 3.60.050 (Application Requirements) unless otherwise exempt consistent with Section 3.60.030 (Exempt Signs).
C. Nothing in this Section shall be construed to prohibit a person from holding a sign while picketing or protesting on City property and/or right-of-way that is open to the public, so long as the person holding the sign does not block ingress and egress from Sign Regulations 3.60.030
3-80 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
buildings, create a safety hazard by impeding travel on sidewalks, in bike or vehicle lanes, or on trails, or violate any other reasonable time, place, and manner restrictions adopted by the City.
D. This Section is not intended to, and does not, restrict speech on the basis of its content, viewpoint, or message. No part of this Section shall be construed to favor commercial speech over non-commercial speech.
E. A non-commercial message may be substituted for any commercial message displayed on a sign, or the content of any non-commercial message displayed on a sign may be changed to a different non-commercial message, without the need for any approval or permit, provided that the size, and location of the sign is not altered.
The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech or favoring of any particular non-commercial message over any other non-commercial message. To the extent any provision of this Section is ambiguous, the term shall be interpreted not to regulate on the basis of the content of the message. This provision prevails over any more specific provisions to the contrary.
F. Where a particular type of sign is proposed in a permit application, and the type is not expressly allowed, restricted, or prohibited by this Section, the Review Authority shall approve, conditionally approve, or deny the application based on the most similar sign type that is expressly regulated by this Section.
G. Where a sign may be subject to multiple provisions of this Section 3.60 (Sign Regulations) because it may be considered to fall within more than one of the sign type definitions of Section 9.10.50 (Sign Regulation Definitions), the sign shall comply with the most restrictive requirements.
3.60.030 Exempt Signs
A. Types of exempt signage. The sign types listed below are exempt from the requirement of a Sign Permit, Registration, and Program, and any corresponding fees provided that the sign is consistent with the standards of Section 3.60 (Sign Regulations). The size and placement standards set forth in subsequent Sections shall be adhered to in order for such sign to qualify as exempt. However, any sign listed below that requires a Coastal Development Permit as provided in Section
3.60.060 (Signage within the Coastal Zone) shall not be exempt.
1. Any sign, posting, notice, or similar signs placed, installed, or required by law by the City, local school districts, Federal, or State governmental agency.
2. Official Government Flags.
3. Flags. Flags displaying either a commercial or non-commercial message are permitted as follows: one flag not to exceed 10 square feet in size in residential zones, and one flag not to exceed 24 square feet in commercial and industrial zones.
3.60.040 Sign Regulations
City of Grover Beach Development Code 3-81
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
4. Business information signs. Non-illuminated signs which provide business information including, but not limited to, credit card acceptance, business hours, open/closed, or menus provided signs do not exceed an aggregate six square feet in sign area.
5. Special event decorations that display non-commercial messages may be in place up to 45 days per event, except for signs listed in Section 3.60.040 (Prohibited Signs).
6. Signs affixed to a vehicle through magnets, vinyl application, or other forms of permanent adhesive. Such signage shall not be a banner, board, paper, wood material, or any temporary sign and shall not project or deviate above or from the vehicle profile.
7. Art murals displaying a non-commercial message and does not include any registered trademarks, logos, etc. that promotes a commercial product or service.
8. Temporary off-site directional signs for limited duration events, placed on private property with permission of the property owner, a maximum of two hours before and one hour after the conclusion of an event. Events are limited to a maximum of three events per week. Maximum sign area is five square feet.
9. Non-commercial message signage with a maximum aggregate of three-square feet for each residence or business in all zones, except in the OS zones.
10. Temporary yard signs.
11. Temporary projected image signs.
12. Temporary window signs.
13. Directory signs affixed to a building.
3.60.040 Prohibited Signs
A. Prohibited Signs. The following sign types are prohibited within the City.
1. Off-site signage unless expressly authorized by Section 3.60 (Sign Regulations).
2. Abandoned signs.
3. Signs that simulate in color or design any traffic sign or signal, or which makes use of words, symbols, or characters in such a manner to interfere with, mislead, or confuse pedestrian or vehicular traffic, including signage that is highly reflective.
4. Digital display/LED messaging signs including animated, moving, flashing, blinking, reflecting, glaring, or revolving, or any other similar sign, except electronic message boards displaying time, temperature, or required prices of gasoline or similar fuels.
Sign Regulations 3.60.050
3-82 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
5. Backlit, translucent, semi-transparent and illuminated awnings from a light source under or within the awning.
6. Roof signs.
7. Snipe signs or any other sign attached to a tree, utility pole, fence post, etc.
8. Inflatable signs, including but not limited to air-activated graphics.
9. Feather flag signs.
10. Signs, including non-commercial signs that are placed or encroach into the rightof-way without a valid encroachment permit issued by the City Engineer.
11. Signs emitting audible sounds, odors or particulate matter.
12. People signs except human signs used as in-person protest picketing.
13. Mobile signs that utilize the parking of off-site mobile billboard advertising displays for the direct purpose of advertising a business off-site, as defined herein, either standing alone, or attached to a motor vehicle, upon any public street, City owned land, or on private property.
14. Billboards.
15. No sign shall be located within the sight triangle as defined in Section 3.10.030 (Height Limits and Exceptions).
3.60.050 Application Requirements
A. Applicability.
1. Sign Registration.
a. A Sign Registration is required for temporary A-frame and banner signs as specified in this Section and shall be submitted and approved by the Director prior to installation of the sign.
2. Sign Permit.
a. A Sign Permit is required for all signs unless otherwise specified in this Section and shall be submitted and approved by the Director prior to installation of the sign.
3. Sign Program.
a. A Sign Program is required as specified in this Section or modifications are requested for exceptions to the requirements of this Section. This can be approved in conjunction with other development applications. b. A Sign Program shall require approval of a Use Permit consistent with Section
6.20.060090 (Use Permit).
3.60.060 Sign Regulations
City of Grover Beach Development Code 3-83
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
c. As part of a Sign Program approval, exceptions may be granted to the standards of this Section if the findings can be made as required in Subsection C (Findings).
B. Procedures.
1. Application requirements. An application for a Sign Registration, Sign Permit, or Sign Program shall be filed on the form(s) provided by the Department, together with all required fees and all other information and materials specified by the application submittal requirements provided by the Department. It is the applicant’s responsibility to provide evidence to support any required findings.
2. Other permits required. In addition to the requirements of this Section, all signs shall be in compliance with applicable requirements of the California Building Code and any additional permits or requirements.
3. Review authority. Table 3.46 identifies the Review Authority responsible for reviewing and making a decision on each type of sign approval.
Table 3.4 6 Review Authority
Type of Action Director Commission Council
Sign Registration Decision Appeal Appeal
Sign Permit Decision Appeal Appeal
Sign Program Recommendation Decision Appeal
C. Findings. The Planning Commission may approve a Sign Program, only after making the following findings:
1. There are special circumstances applicable to the property including size, shape, topography, location, surroundings, building placement, public access or architectural style that warrant modified standards.
2. The sign is in substantial compliance with any applicable design guidelines and Sign Design Subsection 3.60.070.C (Sign design, materials, and illumination).
3. The sign’s design or proposed construction will not threaten the public health, safety, or welfare.
3.60.060 Signage within the Coastal Zone
Within the Coastal Zone, new signs shall be of a size, location, and appearance so as not to detract from scenic areas or views from public roads and other public viewing points. A Coastal Development Permit is required for any sign that could impact public recreational access, including parking opportunities near beach access points or parklands, including any changes in parking timing and availability, and any signage indicating no public parking, no trespassing, and/or no public coastal access allowed. Coastal Development Permits for signs shall be consistent with all applicable Local Coastal Program standards.
Sign Regulations 3.60.070
3-84 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
3.60.070 Requirements for All Signage
A. Sign Message.
1. Allowed signage may contain commercial or non-commercial message, provided that the sign complies with the size, height, area, location, and other requirements of this Section.
B. Sign Measurement Criteria. The measurement of sign area and height shall be regulated as follows:
1. Sign area. The area of a sign is calculated by enclosing the extreme limits of all framing, emblem, logo, representation, writing, or other display composed of squares or rectangles with no more than eight (8) lines as shown in Figure 3.620.
Figure 3.6 20 – Sign Area Calculations
2. Sign structure. Supporting sign frame and support structures that are incidental to the display itself shall not be computed as sign area.
3. Double-sided signs. The area of a double-sided sign that has no more than 24 inches separating the outer surfaces of the sign’s two parallel planes shall be computed by multiplying the total height by the total length of only one side of the sign area.
4. Three-dimensional objects. Where a sign consists of one or more three dimensional objects (e.g., balls, cubes, clusters of objects, sculpture, or statue-like trademarks), the sign area is measured at their maximum projection upon a vertical plane.
5. Multiple objects. When signs are composed of individual elements, the area of all sign elements, which together convey a single complete message, are considered a single sign as shown in Figure 3.721.
3.60.070 Sign Regulations
City of Grover Beach Development Code 3-85
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
Figure 3.7 21 – Multiple Objects
6. Height. Sign height is measured as the vertical distance from the highest elevation of the finished grade below or surrounding the base of the sign to the top of the highest element of the sign. In cases where substantial fill is proposed, “finished grade” shall be established by the Director, consistent with properties in the immediate vicinity, and shall not be artificially raised to gain additional sign height.
If highest finished grade surrounding the sign is lower than the grade of an adjacent street, the height of the sign shall be measured from the top of curb elevation nearest to the sign as shown in Figure 3.822.
Figure 3.8 22 – Sign Height
C. Sign design, materials, and illumination. All signs shall be designed and constructed in compliance with the following standards:
1. Design and construction.
a. Signs shall be in compliance with all applicable Council adopted design guidelines and standards.
Sign Regulations 3.60.070
3-86 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
b. The size of the structural elements (e.g., columns, crossbeams, and braces) shall be proportional to the sign type they are supporting. c. Signage shall be designed so that it is integrated with the design of a building. d. Signs shall be securely attached to a building, structure or ground. e. Freestanding signs utilizing bases shall be a minimum of one foot in height with a maximum height of three feet. Bases shall be decorative and located in a landscape planter.
2. Materials.
a. Sign materials including framing, supports, and base, shall be compatible with the type and scale of materials used in the building’s design. b. Sign materials shall be durable and capable of withstanding weathering over the life of the sign with reasonable maintenance.
c. Use of raceways to place signage shall be painted to match the building color.
3. Illumination.
a. Lighting for signs shall not create a hazardous glare for pedestrians or vehicles.
b. The light source shall be shielded from view, except for diffused exposed neon.
c. Externally illuminated signs shall utilize focused light fixtures that are directed towards the sign.
d. Signs shall be designed so that illumination does not exceed 10 foot candles (100 lumens) measured at a distance of 10 feet from the sign. e. Signs in commercial and industrial zones with building elevations that directly face adjacent residential zones shall not be illuminated.
D. Sign Maintenance. All signs shall be continuously maintained in compliance with the following standards:
1. Each sign and supporting hardware shall be maintained in good repair so that it is able to function properly at all times. This includes the replacement of burned out or broken light bulbs, and repair or replacement of faded, peeled, cracked, or otherwise damaged parts of a sign.
2. Any repair to a sign shall be of materials and design of equal or better quality as the original sign.
3. Signs that have been physically damaged by weather or physical impact shall be repaired.
4. When an existing sign is replaced, all brackets, poles, and other supports that are no longer required shall be removed.
3.60.080 Sign Regulations
City of Grover Beach Development Code 3-87
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
3.60.080 Temporary Signs
A. Purpose. The purpose of these regulations is to ensure that temporary signs do not create a distraction to the traveling public or cause visual blight to the aesthetic environment.
Figure 3.11 23 – Temporary Signs
B. Temporary signs allowed. The following temporary signs are allowed:
1. A-Frame signs.
a. Zones allowed. Allowed in commercial zones, industrial zones, Recreational, Education, and Public uses in the Public Facilities zone as defined in Section
2.50.020, and Urban Reserve zone.
b. Maximum sign area. Six square feet.
c. Number of signs. One per business.
d. Sign height. Minimum sign height of two feet. Maximum sign height of five feet. e. Location. A-frame signs shall be placed on private property and cannot interfere with pedestrian ingress or egress as required by the Building Code.
Exception: An A-frame sign may be located in the right-of-way with an approved encroachment permit if the building is less than five feet from the City’s right-of-way and there is no other feasible location to place the sign on privately owned property outside of the City’s right-of-way. f. Time of display. A-frame signs shall only be displayed during the hours of business operations.
2. Banner signs.
a. Zones allowed. Allowed in commercial zones, industrial zones, Recreational, Education, and Public uses in the Public Facilities zone as defined in Section
2.50.020, Recreational, Education, and Public uses in residential zones as defined in Section 2.20.030, and Urban Reserve zone.
Sign Regulations 3.60.080
3-88 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
b. Maximum sign area. 24 square feet.
c. Number of signs. One per business.
d. Location. Shall not be located above a first story or located on roof. e. Time of display. May be in place a maximum of 30 consecutive days. Once removed, a minimum of 30 consecutive days must pass before installing a new banner sign.
3. Projected image signs.
a. Zones allowed. Allowed in commercial zones and industrial zones. b. Number of signs. One projected image sign per business. c. Projected image signs may be in place a maximum of 30 days. A minimum of 30 consecutive days must pass before installing a new projected image sign. d. Time of display. Only be displayed during the hours of business operation.
4. Window signs. Window signage is considered graphics, lettering, or perforated window film on windows visible from the right-of-way.
a. Zones allowed. Allowed in commercial zones, industrial zones, Recreational, Education, and Public uses in the Public Facilities zone as defined in Section
2.50.020, and Urban Reserve zone.
b. Maximum sign area. Window signs shall not exceed 50 percent of window area, except for properties in the CVS, VS, CB and CBO zones, where window signs shall not exceed 33 percent of window area.
c. Location. Shall not be located above a first story window. d. Time of display. May be in place a maximum of 180 consecutive days. Once removed, a minimum of 30 consecutive days must pass before installing a new temporary window sign.
5. Yard Signs in residential zones.
a. Maximum sign area. Three square feet.
b. Number of signs. One per property or residential unit when multiple units are located on one common lot. Residential developments with a common lot are allowed a maximum of one yard sign per unit during an event on the common lot, with permission of the common lot ownership.
c. Maximum height. Six feet as measured from average natural grade. d. Location. May be located within the front and street side setback, behind the back of sidewalk or curb if no sidewalk is present. In no instance may a yard sign be placed on a sidewalk, public or private street.
e. Time of display. All yard signs shall be temporary and only placed during an event subject to the following:
3.60.090 Sign Regulations
City of Grover Beach Development Code 3-89
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
i. Event. Yard signs may be placed prior to an event, but must be removed within seven days after the event or purpose for which the sign is erected. For purposes of example only, a political sign shall be removed within seven days after an election. A yard sign that designates a sale or rental of a property would be required to be removed within seven days after the property is sold, leased or rented. A sign for an on-site sales event shall be removed within seven days after the event.
6. Yard signs in commercial zones, industrial zones, Public Facilities zone, and Urban Reserve zone.
a. Zones prohibited. Yard signs are prohibited in Open Space zones. b. Maximum sign area. 32 square feet.
c. Number of signs. One per business.
d. Maximum Height. Six feet.
e. Location. Must be located on private property and shall not encroach within the right-of-way (streets, sidewalks, easements, etc.).
f. Time of display. All yard signs shall be temporary and only placed during an event subject to the following:
i. Event. Yard signs shall be placed prior to an event but must be removed within seven days after the event or propose for which the sign is erected. For purposes of example only, a political sign shall be removed within seven days after an election. A real estate sign shall be removed within seven days after the property is sold, leased or rented. A sign for on-site sales event shall be removed within seven days after the event.
7. Yard Sign Exceptions. The following are exceptions to yard signage standards in all zones, excluding Open Space zones, for all properties or multiple units/tenants located on one common lot, 60 days prior to a federal, state, or local election and up to seven days after an election:
a. Maximum sign area. Total sign area shall not exceed an aggregate of 32 square feet in addition to other allowed yard signs.
C. General to Temporary Signage Requirements. Temporary signs are allowed only in compliance with the provisions of this Section 3.60 (Sign Regulations) and shall not have any attachments, including, but not limited to, balloons, pennant flags, ribbons, loudspeakers, or other items to attract attention.
3.60.090 Permanent Signs
Signs shall comply with the standards provided in this Section. The purpose of these regulations is to ensure that permanent signs serve a common purpose to promote, Sign Regulations 3.60.090
3-90 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
identify, and provide information on a business or commercial activity located on the premise.
Figure 3.10 24 – Typical Building Sign Types
A. Permanent Sign Standards. As listed in Table 3.57, signs shall comply with the following standards applicable to the specific sign type.
Table 3.5 7 Sign Type Performance Standards
Sign Type Zones Allowed Max. Sign
Area1
Number of
sign(s)
permitted
Max.
Height2 Special Requirements
1. Awning
Commercial
zones, Industrial
zones, PF zone,
and UR zone
One square foot
per one lineal
foot of awning
canopy, not to
exceed 50%
coverage of the
awning
One per
business or
tenant
Not
above
first story
(a) Minimum vertical clearance from
the ground of eight feet.
(b) May project a maximum of five feet
into the right-of-way with approved
encroachment permit.
(c) Valance limited to 75% maximum
coverage.
2. Free Standing
Commercial
zones, Industrial
zones PF zone,
and UR zone
36 s.f. One per
property Six feet
(a) New cabinet type signs shall be
prohibited in the CVS, VS, CB, and
CBO zones.
(b) A singular pole, whether circular or
rectangular is prohibited.
(c) In the CVS and RC zones
properties with frontage along El
Camino Real are allowed one
freeway oriented free-standing
monument sign as follows:
Maximum height shall not
exceed 40-feet for freestanding
monument signage.
Total sign area shall not exceed
100 square feet.
3.60.090 Sign Regulations
City of Grover Beach Development Code 3-91
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
Table 3.5 7 Sign Type Performance Standards
Sign Type Zones Allowed Max. Sign
Area1
Number of
sign(s)
permitted
Max.
Height2 Special Requirements
3. Projecting
Commercial
zones, Industrial
zones, PF zone,
and UR zone
15 s.f.
One per
public street
frontage
20 feet
above
finished
grade
(a) May encroach up to two feet within
the right-of-way with issuance of
an encroachment permit.
(b) Sign shall be perpendicular to the
building or wall.
(c) Sign may be at an angle if located
at the corner of a building located
on a corner lot.
4. Suspended
Commercial
zones, Industrial
zones, PF zone,
and UR zone
10 s.f.
One per
business or
tenant
Not
above
first story
5. Wall
Commercial
zones, Industrial
zones PF zone,
and UR zone
One square foot
per lineal foot of
business/
building
frontage
One per
public street
frontage
Based
on
building
height
(a) Business frontage is the lineal front
of owned or leased space.
(b) Wall signs shall be located below
the top of the parapet or roofline
on single story buildings and below
the second-floor sill on multi-story
buildings.
(c) Cabinet type signs shall be
prohibited in the CVS, VS, CB, and
CBO zones.
(d) An additional wall sign may be
permitted for a business that has
an additional building face visible
from the right-of-way.
(e) The sign’s size shall be in scale
and proportion to the building.
6. Permanent
Window
Signs/
Lettering
Commercial
zones, Industrial
zones PF zone,
and UR zone
50 percent of
window area,
except CVS,
VS, CB and
CBO zones
33 percent of
window area in
CVS, VS, CB,
and CBO zones
One per
business or
tenant
Not
above
first story
(a) Limited to lettering, graphics, and
perforated window film.
(b) Window area is aggregate of both
temporary and permanent signage.
Notes:
1. Maximum sign area measured in square feet (s.f.).
2. Maximum height measured in feet (ft) and from finished grade for all sign types.
Sign Regulations 3.60.0100
3-92 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
3.60.0100 Special Consideration Signs
A. Signs with special consideration. This Section applies to permanent signs that are unique, or for sites located in specific locations, or based on size of sites.
1. Changeable copy signs.
a. Zones allowed. Commercial zones, industrial zones, and Recreational, Education, and Public uses in residential zones as defined in Section 2.20.030 (Residential Zones Allowable Land Uses and Permit Requirements). b. Number of signs. One per property.
c. Maximum height. Six feet.
d. Design standards. Signs shall comply with design standards in Section
3.60.070.C (Sign design, materials, and illumination).
e. Permit requirements. A Sign Program shall be approved by the Planning Commission.
2. Site Directional/Wayfinding signs.
a. Zones allowed. Commercial and Industrial zones.
b. Maximum height. Five feet.
c. Design standards. Signs shall comply with design standards in Section
3.60.070.C (Sign design, materials, and illumination).
d. Permit requirements. A Sign Program shall be approved by the Planning Commission.
3. Residential Identification Signs.
a. Zones allowed. All residential zones.
b. Maximum sign area. 24 square feet.
c. Maximum sign height. Six feet.
d. Number of signs. One per street frontage.
e. Minimum number of units. A minimum of five units are required for installation of residential identification signs.
f. Design standards. Signs shall comply with design standards in Section
3.60.070.C (Sign design, materials, and illumination).
g. Permit requirements. A Sign Permit shall be approved by the Director.
4. Free Standing Monument Sign Exception. In the RC zone east of 14th Street with frontage along West Grand Avenue exceptions to Section 3.60.090 (Permanent Signs) are allowed as follows:
3.60.0110 Sign Regulations
City of Grover Beach Development Code 3-93
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
a. Properties less than 20,000 square feet with more than three tenants. One free standing monument sign per street frontage with a maximum height of 10 feet not exceeding 60 square feet is permitted.
b. Properties greater than 20,000 square feet. One free standing monument sign per street frontage with a maximum height of 15 feet not exceeding 120 square feet is permitted.
c. Permit requirements. A Sign Program shall be approved by the Planning Commission.
3.60.0110 Nonconforming Signs
A. Applicability. This Section applies to any permanent sign, including its physical structure and supporting elements, which was lawfully erected and maintained in compliance with all applicable laws in effect at the time of original installation, but which does not currently comply with the provisions of this Section.
B. Allowed modifications to nonconforming signs. The following modifications to nonconforming signs are allowed:
1. The use of a nonconforming sign may continue and shall be maintained in good condition as required by this Section, unless provided otherwise.
2. Sign copy and sign face changes, non-structural modifications, and non-structural maintenance (e.g., painting and rust removal) are allowed if there is no alteration to the physical structure or support elements of the sign.
3. A non-conforming sign may be restored to its original condition if less than 50 percent of the sign is damaged, provided that the restoration is started within 90 days of the damage occurring and diligently completed. A nonconforming sign is deemed to be more than 50 percent damaged, if the estimated cost of reconstruction or repair exceeds 50 percent of the replacement cost as determined by the Director based on an appraisal prepared by the owner.
C. Prohibited modifications to nonconforming signs. A nonconforming sign shall not be:
1. Changed to another nonconforming sign;
2. Structurally altered to extend its useful life;
3. Altered unless required by law or unless the alteration results in the elimination of the nonconformity;
4. Enlarged; or
5. Moved or replaced.
D. Nonconforming Sign. A nonconforming sign shall be removed or modified to comply with this Section if the following occurs:
Sign Regulations 3.60.0120
3-94 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, December 3, 2018, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
1. Any modifications prohibited by Subsection 3.60.0110.C (Prohibited modifications to nonconforming signs) are made to the sign;
2. The sign is temporary; or
3. The sign is or may become a danger to the public or is unsafe.
3.60.0120 Signs on City Property
A. Signs on City Property. Any sign placed on property owned by the City, or within the right-of-way of a dedicated public street without the permission of the City may be removed by the City without prior notice.
Attachment 3, Exhibit C
City of Grover Beach Development Code 4-1
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and ___ CHAPTER 4. STANDARDS FOR
SPECIFIC DEVELOPMENT
AND LAND USES
4.10 Standards for Specific Development and Land Uses ..................................................................... 4
4.10.010 Purpose and Applicability ........................................................................................................ 4
4.10.015 Accessory Dwelling Units (ADUs) ........................................................................................... 5
4.10.020 Accessory Retail and Service Uses ........................................................................................ 9
4.10.030 Accessory Structures ............................................................................................................... 9
4.10.040 Reserved .................................................................................................................................. 10
4.10.045 Commercial Cannabis Activity and Uses ............................................................................. 10
4.10.050 Caretaker’s Residences .......................................................................................................... 13
4.10.060 High Occupancy Residential Use Reserved......................................................................... 14
4.10.070 Large Family Day-Care Home Child Day Care – Day Care Center ..................................... 14
4.10.075 Demolition of Residential Structures .................................................................................... 16
4.10.077 Garage or Yard Sales .............................................................................................................. 17
4.10.80 Live Entertainment .................................................................................................................. 17
4.10.90 Live/Work Units ....................................................................................................................... 17
4.10.095 Low Barrier Navigation Centers (Emergency Shelter) ........................................................ 20
4.10.100 Massage Establishments ....................................................................................................... 21
4.10.110 Mixed Use Projects Reserved ................................................................................................ 21
4.10.120 Multi-Family Developments Reserved .................................................................................. 24
4.10.130 Outdoor Storage and Work Areas ......................................................................................... 25
4.10.010
4-2 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and _____
4.10.135 Personal Health/Fitness Studios ........................................................................................... 25
4.10.040 Personal Storage Facilities .................................................................................................... 26
4.10.150 Recycling Facilities ................................................................................................................. 26
4.10.160 Resale Stores........................................................................................................................... 29
4.10.170 Reserved .................................................................................................................................. 29
4.10.180 Senior Housing ........................................................................................................................ 29
4.10.185 Short-Term Rentals ................................................................................................................. 29
4.10.190 Sidewalk Seating for Outdoor Dining ................................................................................... 38
4.10.200 Single Room Occupancy Facilities ....................................................................................... 38
4.10.210 Thrift Stores ............................................................................................................................. 39
4.10.215 Tiny Houses Homes on Wheels in Residential Zones ........................................................ 39
4.20 Adult Businesses .............................................................................................................................. 42
4.20.010 Purpose .................................................................................................................................... 42
4.20.020 Permit Requirements .............................................................................................................. 42
4.20.030 Required Findings ................................................................................................................... 43
4.20.040 Permits Nontransferable; Use Specific ................................................................................. 46
4.25 Residential and Mixed-Use Objective Design Standards ................................................... 48
4.25.010 Purpose and Applicability ...................................................................................................... 48
4.25.020 Single-Unit Dwellings Design Standards .............................................................................. 49
4.25.030 Multi-Unit Detached Dwellings/Cluster Development Design Standards.......................... 55
4.25.040 Multi-Unit Attached Dwellings (Small/2-9 Units) and Mixed-Use Developments (2-9 units) Design Standards ...................................................................................................................................... 60
4.25.050 Multi-Unit Attached Dwellings (Large/10+ Units) and Mixed-Use Developments with 10+ Units Design Standards............................................................................................................................ 71
4.25.060 Two-Unit Housing Developments in the R1, CR1, and CPR1 Zones ....................................... 85
4.30 Residential Common Area Developments Reserved .................................................................... 92
4.30.010 Purpose .................................................................................................................................... 92
4.30.020 Permit Requirements .............................................................................................................. 92
4.30.030 Definitions ................................................................................................................................ 92
4.30.040 Development Standards ......................................................................................................... 93
4.30.050 Design Standards .................................................................................................................... 95
4.30.060 Conversions............................................................................................................................. 95
4.10.010
City of Grover Beach Development Code 4-3
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and ___
4.40 Telecommunications Facilities ........................................................................................................ 96
4.40.010 Purpose .................................................................................................................................... 96
4.40.020 Applicability ............................................................................................................................. 96
4.40.030 Permit Requirements .............................................................................................................. 96
4.40.040 Facility Design and Development Standards ..................................................................... 100
4.40.050 Operation and Maintenance Standards .............................................................................. 102
4.40.060 Discontinuance and Site Restoration ................................................................................. 103
4.10.010
4-4 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and _____
4.10 Standards for Specific Development and Land Uses
Sections:
4.10.010 - Purpose and Applicability
4.10.015 - Accessory Dwelling Units (ADUs)
4.10.020 - Accessory Retail and Service Uses
4.10.030 - Accessory Structures
4.10.040 - Reserved
4.10.045 - Commercial Cannabis Activity and Uses
4.10.050 - Caretaker’s Residences
4.10.060 - High Occupancy Residential Use Reserved
4.10.070 - Large Family Child Day Care Home– Day Care Center
4.10.075 - Demolition of Residential Structures
4.10.077 – Garage or Yard Sales
4.10.080 - Live Entertainment
4.10.090 - Live/Work Units
4.10.095 - Low Barrier Navigation Centers (Emergency Shelter)
4.10.100 - Massage Establishments
4.10.110 - Mixed Use Projects Reserved
4.10.115 - Mobile Vendors
4.10.120 - Multi-Family Developments Reserved
4.10.130 - Outdoor Storage and Work Areas
4.10.135 - Personal Health / Fitness and Studios
4.10.140 - Personal Storage Facilities
4.10.150 - Recycling Facilities
4.10.160 - Resale Stores
4.10.180 - Senior Housing
4.10.185 - Short-Term Rentals
4.10.190 - Sidewalk Seating for Outdoor Dining
4.10.200 - Single Room Occupancy Facilities
4.10.210 - Thrift Stores
4.10.215 - Tiny Houses Homes in Residential Zones
4.10.010 Purpose and Applicability
A. Purpose. This Chapter provides site planning, development, and/or operating standards for certain land uses that are allowed by Chapter 2 (Zones and Allowable Land Uses) within individual or multiple zones, and for activities that require special standards to ensure their compatibility with surrounding uses.
B. Applicability. The land uses and activities covered by this Chapter shall comply with the provisions of the Sections applicable to the specific use, in addition to all other applicable provisions of this Development Code.
1. Where allowed. The uses that are subject to the standards in this Chapter shall be located only where allowed by Chapter 2 (Zones and Allowable Land Uses).
2. Permit requirements. The uses that are subject to the standards in this Chapter are allowed only when authorized by the Development Permit 0 City of Grover Beach Development Code 4-5
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and ___
required by Chapter 2 (Zones and Allowable Land Uses), except where a Development Permit requirement is established by this Chapter for a specific use. In addition to any required Use Permit required by Chapter 3 (Zones and Allowable Land Uses), one or more of the following development applications (as well as a building permit if a new or modified structure is involved) shall be required: Development Permit (Section 6.20.060); Administrative Development Permit (Section 6.20.020); Coastal Development Permit (Section 6.20.040); and/or Zoning Clearance (Section 6.20.110).
Within the Coastal Zone a Coastal Development Permit may also be required as provided in Section 6.20.040 (Coastal Development Permits). (Am. Ord. 14-04)
3. Development standards. The standards for specific uses in this Chapter supplement and are required in addition to those in Chapter 2 (Zones and Allowable Land Uses) and Chapter 3 (Standards for All Development and Land Uses). In the event of any conflict between the requirements of this Chapter and those of Chapters 2 or 3, the requirements of this Chapter shall control. Projects within the Coastal Zone shall comply with all standards in the Local Coastal Program. (Am. Ord. 14-04)
4.10.015 Accessory Dwelling Units (ADUs)
A. Purpose.
1. This Section provides standards for accessory dwelling units including junior accessory dwelling units where allowed by Chapter 2 (Zones and Allowable Land Uses).
2. To provide for the creation of accessory dwelling units consistent with Government Code Sections 65852.2 and 65852.22 as amended.
Implementation of this Section is meant to expand housing opportunities by increasing the number of smaller units available within the city.
B. Density. Accessory dwelling units shall not count towards the allowable density of units per acre prescribed in the General Plan and Development Code.
C. Permit requirements. A building permit Zoning Clearance shall be required to ensure compliance with this Section prior to issuance of building permits. In the Coastal Zone, a Coastal Development Permit is required unless exempt consistent with Section 6.20.040.B.2.
D. Size of Accessory Dwelling Unit. A detached An accessory dwelling unit (detached or attached) shall have a minimum floor area of 150 square feet and maximum floor area of 1,200 square feet. An attached accessory dwelling unit containing one bedroom, or less shall be limited to 50 percent than the square footage of the existing primary dwelling or 1,200 square feet, whichever is less. Junior accessory dwelling units shall comply with Subsection K. L.
0 4-6 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and _____ E. Building Height.
1. A detached accessory dwelling unit shall not exceed 16 feet in height.
2. An attached accessory dwelling unit or an accessory dwelling unit constructed over a garage or carport shall not exceed 25 feet in height. Any portions of the accessory dwelling unit constructed within the zone’s standard required building setback areas shall not exceed 16 feet in height.
F. E. Limitation on Number.
1. A maximum of one accessory dwelling unit and/or one junior accessory dwelling unit is allowed per lot, except for lots with an existing or proposed single family residence-unit dwelling, where both an accessory dwelling unit and a junior accessory dwelling unit are permitted consistent with Government Code Section 65852.2.(e).
2. Accessory dwelling units within multi-family unit and mixed-use developments shall comply with the following:
a. 1. The maximum number of accessory dwelling units shall not exceed 25% of the number of existing or proposed multi-family units unit dwellings but shall not be less than one unit.
b. The accessory dwelling units may be permitted in either converted portions of a structure that are not used as livable space, (e.g., garages, laundry rooms, etc).
c. A maximum of two detached accessory dwelling units, in addition to the converted portions of a structure, are permitted per lot.
G. F. Limitation on Use. No accessory dwelling unit shall be utilized as a short-term rental unless exempt consistent with Section 4.10.185.Q.
H. G. Utility Connections. Accessory dwelling units shall be connected to City water and sewer services. Separate utility connections and meters are not required if the ADU complies with Government Code Section 65852.2 (e)(1)(A).
I. H. Development Impact Fees. Payment of development impact fees are required as follows:
1. Accessory dwelling units with floor area of 750 square feet or less shall not pay development impact fees.
2. Accessory dwelling units with floor area greater than 750 square feet shall be charged development impact fees that are proportional, as shown on the Master Fee Schedule.
J. I. Building Design Standards for Accessory Dwelling Units. All accessory dwelling units shall be designed to include the following:
1. Access and Entries.
0 City of Grover Beach Development Code 4-7
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and ___
a. ADU and/or JADU shall have direct exterior access independent of the exterior access of the primary dwelling.
b. On interior lots if an ADU is abutting the street, the primary entrance oriented towards the street and directly accessible from an adjacent sidewalk (where no sidewalk exists, the connection shall be to the abutting public street) and the entryways shall consist of:
1. A separate exterior entry.
2. Attached accessory dwelling units may include an interior door connecting to the primary residence.
i. A front porch with a minimum depth of five feet, as measured from the building façade to the posts, and a minimum length of eight feet; or
ii. A portico, recess, or stoop measuring at least four feet by four feet which is well defined by a gabled entry, distinct change in roof line or columns, or has some other significant architectural distinction. c. On corner lots, if an ADU entry is facing the street, entryways shall consist of:
i. A front porch with a minimum depth of five feet, as measured from the building façade to the posts, and a minimum length of eight feet; or
ii. A portico, recess, or stoop measuring at least four feet by four feet which is well defined by a gabled entry, distinct change in roof line or columns, or has some other significant architectural distinction.
2. Massing. The square footage of any story of an ADU constructed above the first story (and not a conversion of existing space) shall have a maximum floor area that is no more than 80 percent of the floor area of the first story. a. First floor calculation shall include all interior living areas, including interior and exterior staircases, attached garages, and covered porches connected to the first floor.
b. The floor area of upper stories is inclusive of all interior living area with walls; all staircases; porches, decks, and balconies that are covered by a roof structure; and all cantilevered structures that extend beyond the first-floor footprint that do not extend to the ground, including but not limited to living area, roof decks, bay windows, chimneys, and staircases; as well as any mezzanines, lofts, or other partial floor areas. Maximum cantilevered area shall not exceed three feet.
3. Façade Articulation.
a. 3. New detached or attached accessory dwelling units shall carry the same theme on all elevations. For the purposes of this standard, a theme includes primary (non-accent) materials and colors.
0 4-8 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and _____ b. 4. New detached or attached accessory structuresADUs shall not include blank walls (e.g., without doors or windows) greater than 20 25 feet in length if visible from the public right-of-way.
c. 5. New detached or attached accessory structures shall provide trim at all exterior window and door openings. In lieu of exterior window trim, windows shall be recessed from a wall plane by a minimum of three inches.
d. 6. For new detached or attached accessory structure using ADUs, vinyl and aluminum siding, T-111 plywood, and exterior metal wall materials shall not exceed 25% of the vertical wall area insulation finishing system (EIFS) are prohibited.
K. J. Development Standards for Accessory Dwelling Units. Accessory dwelling units ADUs shall comply with all applicable development standards in this Development Code and Municipal Code Article 8 Building Regulations, except to the extent they are inconsistent with the following development standards which shall govern when applied to accessory dwelling units.
1. Minimum interior side, street side and rear setbacks shall be four feet for detached or attached accessory dwelling units when the building height does not exceed 16 feet.
2. Existing nonconforming setbacks of permitted structures may be maintained if converted to an accessory dwelling unit.
3. Accessory dwelling units shall be excluded from the calculation of lot coverage. landscaping. and floor area ratio in Sections 2.20.040. (Section 3.10.035; Lot Coverage and Exceptions)
4. Accessory dwelling units in multi-family unit dwellings shall be excluded from the open space requirements in Section 4.10.1203.10.045.
5. No minimum lot size is required to develop an accessory dwelling unit.
6. Installation of fire sprinklers shall not be required in an accessory dwelling unit if they are not required for the primary residence, but shall comply with all access requirements in compliance with Municipal Code Article 8Section 8102.
L. K. Development Standards for Junior Accessory Dwelling Units. Junior accessory dwelling units shall comply with the requirements of Subsection A through J K, except to the extent they are inconsistent with the following development standards which shall govern when applied to junior accessory dwelling units.
1. Limitation on Use. Junior accessory dwelling units shall be allowed only where the use is limited to an existing or proposed single family-unit dwelling.
2. Location. A junior accessory dwelling unit shall be constructed within the walls of the primary unit, including an attached garage.
4.10.020
City of Grover Beach Development Code 4-9
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and ___
3. 2. Size of Junior Accessory Dwelling Unit. A junior accessory dwelling unit shall have a maximum floor area of 500 square feet.
4. 3. Interior requirements. A junior accessory dwelling unit shall include at least the following:
a. A cooking facility, a sink, and food preparation counter of no less than 30 inches in width.
b. A separate or shared bathroom with the primary residence. c. A separate entrance from the main entrance to the primary residence.
5. 4. Occupancy Requirements. Either the junior accessory dwelling unit or the primary dwelling unit shall be owner occupied. A covenant agreement shall be recorded prior to occupancy.
4.10.020 Accessory Retail and Service Uses
A. Purpose. This Section provides standards for specific retail sales and service uses that are accessory to a primary commercial or industrial use, where allowed by Chapter 2 (Zones and Allowable Land Uses).
B. Permit requirements. An Administrative Development Permit shall be approved by the Director to ensure compliance with this Section.
C. Commercial zones. Accessory retail service uses within commercial zones shall be related to the primary use (e.g., a retail store selling lawnmowers could also repair lawnmowers).
D. Industrial zones. Accessory retail service uses within industrial zones shall be related to the primary use (e.g., a shoe wholesaler could have a small retail area).
E. Required findings. The approval shall require that the Review Authority make all of the following findings:
1. There will be no adverse effects on adjacent uses from excessive traffic, noise or other adverse effects of the accessory use.
2. The accessory use is clearly incidental to the primary use and does not use a significant area of the building or site, and does not account for a significant amount of the business activity or use.
4.10.030 Accessory Structures
A. Purpose. This Section provides standards for accessory structures located in residential zones, where allowed by Chapter 2 (Zones and Allowable Land Uses).
1. Relationship to primary use. An accessory structure shall be incidental in function and scale to the primary structures on the site.
2. Timing of installation. An accessory structure shall only be constructed concurrent with or after the construction of a primary residence on the same site. 0 4-10 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and _____ B. Applicability. This Section shall apply to all new accessory structures as defined in Chapter 9, which include but are not limited to garages, workshops, storage sheds, patio covers and decks greater than 30 inches above ground level.
C. Permit Requirements. A building permit shall be required for all accessory structures except as allowed in Subsection E. 1.
D. Attached structures. An accessory structure attached to the primary structure shall comply with the development standards of the applicable zone.
E. Detached structures. An accessory structure that is detached from the primary residence shall comply with the development standards of the applicable zone, except as follows:
1. Setback requirements. An accessory structure not exceeding 120 square feet in floor area and 10 feet in height that does not require a building permit may be located on the rear half of the lot within the side or rear setback. A maximum of two accessory structures shall be allowed that comply with the requirements of this subsection.
2. Height limits. An accessory structure shall not exceed 16 feet in height.
3. Separation between structures. An accessory structure shall maintain a minimum five-foot separation from other accessory structures and the primary residence.
4. Upper story/Roof Decks. Roof decks shall be prohibited on accessory structures.
5. Covenant Agreement. Prior to final building permit approval, a covenant agreement shall be recorded for enclosed accessory structures to disclose that the structure shall not be used as livable space as defined in the California Building Codes.
6. Canopy structures. Canopy structures shall not be allowed in driveways, front setback areas, or street side setback areas unless located behind the primary structure and not visible from the public right-of-way.
7. Size. Detached accessory structures are limited to 50% of the size of the primary dwelling unit.
4.10.040 Reserved
4.10.045 Commercial Cannabis Activity and Uses
A. Purpose. This Section provides standards for Adult and Medical Commercial Cannabis Uses, where allowed by Chapter 2 (Zones and Allowable Land Uses).
These standards apply in addition to the regulatory requirements in Municipal Code Article III Chapter 18 and the State’s licensing requirements. Commercial Cannabis Uses allowed by the City shall include those uses licensed in Chapter 5, Division 10, Cannabis, of the Business and Professions Code, and those Cannabis regulations 0 City of Grover Beach Development Code 4-11
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and ___
issued by the California Bureau of Cannabis Control, Department of Public Health and the Department of Food and Agriculture, as further modified and restricted within this Chapter 2 and in Chapter 18 of Article III of the Grover Beach Municipal Code.
B. Review Authority. For Retailers and/or Microbusinesses with a retailer use, the Council is authorized to approve Use Permits and no recommendation is required by the Planning Commission. For all other non-retailer cannabis uses, the Planning Commission is authorized to approve Use Permits subject to an appeal to Council in accordance with Chapter 7 of the Development Code.
C. Permit requirements. A land Use Permit shall be approved by the Planning Commission or Council consistent with Subsection B to ensure compliance with this Section and a Coastal Development Permit shall be required when located in the Coastal Zone. Approval of a land Use Permit does not allow the applicant to operate until a Commercial Cannabis Permit is approved in accordance with Municipal Code Article III Chapter 18.
D. Limitation on number of Retailers and/or Microbusinesses with a retailer use, whether open to the public or delivery only. The aggregate maximum number of Retailers and/or Microbusinesses with a retailer use allowed are up to four.
E. Limitation on manufacturing uses. Level 1 and Level 2 manufacturing (State Licenses Types 6 and 7) shall be authorized subject to Municipal Code Article III Chapter 18.
F. Setbacks. Commercial Cannabis Uses shall comply with the following minimum setbacks:
1. All Retailers and/or Microbusinesses with a retailer use, whether open to the public or delivery only, shall be located a minimum of 100 feet from all residential zones as measured from the residential lot boundary to the public entrance of the facility, except on Farroll Road where no minimum setback is required from residential zones.
2. All Retailers and/or Microbusinesses with a retailer use, whether open to the public or delivery only, shall be located a minimum of 600 feet from public and private schools grades kindergarten through 12th grade consistent with State law.
3. All commercial cannabis uses shall be located a minimum of 100 feet from the CR2 Zone on the north side of Atlantic City Avenue as measured from the residential lot boundary to the industrial lot boundary.
4. All commercial cannabis uses not otherwise subject to the setback requirements of this Subsection, shall not be subject to any additional setback requirements other than contained in Section 2.40.040.
G. Development standards. Commercial Cannabis Uses shall comply with the following standards:
1. All Retailers and/or Microbusinesses with a retailer use, whether open to the public or delivery only, may be open to the public between the hours of 9:00 a.m. 0 4-12 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and _____ and 7:00 p.m. Extended hours will be approved from 7:00 a.m. to 9:00 p.m. subject to a finding that enhanced security is agreed to and provided by participating in the City’s operated security system with cameras and video capability to view the street frontages of the business to the boundaries of the premises or lot where the business is permitted. All other non-retailer and Microbusinesses with non-retailer uses may operate at any time. Commercial transport between licensees and delivers to customers for all commercial cannabis businesses shall be between the hours of 7:00 a.m. and 9:00 p.m.
Ancillary consumption areas are permitted consistent with Municipal Code Article III Chapter 18.
2. Cultivation and nursery uses shall prepare a Water Recycling Management Plan that demonstrates that irrigation water is recycled to the maximum extent feasible using best management practices. A separate water meter shall be installed for irrigation uses.
3. All cultivation and nursery uses shall be within an enclosed building. Cultivation and nursery uses are prohibited outdoors.
4. Cultivation and nursery uses may use mixed-light buildings when issued a local license consistent with State licensing that allows for mixed-light buildings when no light is visible through the roof and windows of grow areas from dusk to dawn.
5. Secured Delivery. All commercial cannabis facilities shall provide a secured shipping and receiving area for deliveries of all cannabis, cannabis concentrate, and cannabis products as defined in GBMC Article Ill, Chapter 18. Section 4000.20. A secured shipping and receiving area shall comply with either of the following:
a. Internal - Within a fully enclosed structure either attached or within the commercial cannabis building that provides sufficient area to park and unload the delivery vehicle(s) located at the side or rear of the building, If feasible.
Access shall be through a roll up or similar garage door with removable bollards. The delivery area shall be monitored 24 hours a day by video surveillance, electronic alarm monitoring, and shall not have any windows leading to the outside. Any skylights shall either be removed or have security bars added to prevent entry. The delivery area shall only be accessible to the shipping and receiving area and not directly into the operating, manufacturing. or retail portions of the commercial cannabis business. b. External - Within a fenced or walled area that is not visible from the street and adjacent properties located at the side or rear of the building as approved by the Police Chief. The fence or wall shall be a minimum of six (6) feet in height that is structurally sound and secure to prevent access and fully encloses the delivery area The fence shall visually screen the delivery area so delivery activities are not visible from the street and adjacent properties.
The fence design shall be consistent with the Industrial Design Guidelines and constructed of durable, solid materials. The fence shall include a
4.10.050
City of Grover Beach Development Code 4-13
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and ___
lockable gate(s) that is locked at all times, except for during times of active ingress/egress. If a roof or structure is required to screen the shipping and receiving area from adjacent properties, it shall be made of a solid material that will provide full visual screening of the delivery area. This delivery area shall be monitored 24 hours a day by video surveillance and only be accessible to the shipping and receiving area and not directly into the operating, manufacturing or retail portions of the commercial cannabis business.
6. Odor control devices and techniques shall be incorporated to ensure that marijuana odors are not detectable from the property boundary and public rightof-way. In multi-tenant buildings marijuana odors shall not be detectable from the building exterior, or from exterior and/or interior common areas such as walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the commercial cannabis business. Odor control systems shall include, but are not limited to, ventilation and exhaust systems that provide sufficient odor absorbing to meet the above requirements.
7. An Operations and Security Plan shall be prepared as required by Municipal Code Article III Chapter 18.
8. Design standards in Section 2.40.050 and any other Council adopted the Industrial Design Guidelines.
9. All applicable regulatory requirements of Municipal Code Article III Chapter 18.
4.10.050 Caretaker’s Residences
A. Purpose. This Section provides standards for caretaker’s residences established for providing continuous on-site care or security of the property.
B. Permit Requirement. A Zoning Clearance shall be required to ensure compliance with this Section.
C. B. Development Standards. The following development standards shall apply to caretaker’s residences:
1. The maximum size for a one-bedroom caretaker’s residences shall be 675 500 square feet.
2. The maximum size for a two-bedroom caretaker’s residences shall be 1,000 800 square feet. The following provisions shall apply only to a two-bedroom caretaker’s residence:
a. A minimum 300 square foot private yard area shall be provided with a minimum 10 foot width and depth.
b. The private yard area shall not be located in the required front setback or within a retention basin.
4.10.060
4-14 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and _____
4.10.060 High Occupancy Residential Use Reserved
A. Purpose. This Section provides standards for high occupancy residential uses which are intended to maintain and promote neighborhood quality, character and livability in residential zones where allowed by Chapter 2 (Zones and Allowable Land Uses).
High Occupancy Residential Use is six or more adults. This Section does not apply to Residential Care Facilities, Senior Housing or Transitional Care Facilities.
B. Limitation on number. In order to avoid the concentration of intensive, nonresidential land uses in residential neighborhoods, maintain residential character, and compatibility with adjacent residential uses, no high occupancy residential use shall be located within 300 feet of an existing high occupancy residential use.
C. Development Standards: A high occupancy residential use shall comply with the following standards:
1. A minimum of 300 square feet of living area shall be provided per adult.
2. There shall be a minimum of one bathroom provided for every three adult occupants.
3. The dwelling must meet all current City Building and Fire Codes D. Annual Review. The Review Authority shall review the Use Permit annually to ensure compliance with the conditions of approval. The applicant shall be responsible for the costs associated with the annual review.
4.10.070 Large Family Day-Care Home Child Day Care – Day Care Center A. Purpose. This Section provides standards for the operation of large family day-care homes where allowed by Chapter 2 (Zones and Allowable Land Uses). These standards apply in addition to the other provisions of this Development Code and requirements imposed by the California Department of Social Services (DSS). DSS Licensing is required for all facilities.
B. Permit requirement. An Administrative Use Permit shall be approved by the Director to ensure compliance with this Section.
C. Development standards. A Large Family Day Care Home shall comply with the following standards.
1. Location requirements. In order to avoid the concentration of intensive, nonresidential land uses in residential neighborhoods, maintain residential character, and compatibility with adjacent residential uses, no large family day care home shall be located within 300 feet of an existing large family day care home.
2. Parking, drop-off area.
4.10.070
City of Grover Beach Development Code 4-15
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and ___
a. A home located on a street with a speed limit of 30 miles per hour or greater shall provide a drop-off/pick-up area designed to prevent vehicles from backing onto the street.
A. Purpose. This Section provides standards for the operation of a child day care – day care center where allowed by Chapter 2 (Zones and Allowable Land Uses). These standards apply in addition to the other provisions of this Development Code and requirements imposed by the California Department of Social Services (DSS). DSS Licensing is required for all facilities.
B. Permit Requirement. An Administrative Development Permit shall be approved by the Director to ensure compliance with this Section and may include conditions requiring compliance with all applicable building codes, fire codes, and operator licensing.
C. Application requirements. The following shall be included in each application for a child day care – day care center in addition to all standard requirements for consideration of an Administrative Development Permit:
1. Facility characteristics. The application shall indicate the number of children to be cared for, the number of employees, hours of operation and outdoor playtime.
The application and site plan shall clearly show compliance with applicable standards.
2. Site plan. A site plan showing the location and dimensions of existing or proposed structures, including fencing, outdoor play structures and equipment, distance to property line, parking areas and number of spaces both on-site and off-site spaces contiguous to property lines, and access and traffic circulation.
3. Circulation plan. An accurate traffic circulation plan showing parking, circulation, and onsite drop-off/pick-up areas/spaces.
D. Development standards. A child day care – day care center shall comply with the following standards.
1. Play areas. Required outdoor play areas shall satisfy the following minimum requirements:
a. A minimum five-foot-high fence/wall shall enclose the play area using materials with finishes and/or colors consistent with other site fences/walls of the development.
b. Located in an area of the site or development where exterior noise levels are 60 dBA or less, including roadway noise levels.
c. Located a minimum of 10 feet from any public right-of-way.
2. Parking, drop-off/pick-up area. Required parking and drop-off/pick-up areas shall be designed to satisfy the following:
0 4-16 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and _____ a. The minimum number of parking spaces for employees and visitors shall be provided as required by Table 3.4: Required Parking Spaces by Land Use and shall be located on the same development site as the facility. b. The minimum number of parking spaces for drop-off/pick-up shall be provided as required by Table 3.4: Required Parking Spaces by Land Use and shall be located within proximity to the main entrance of the facility. No designated drop-off/pick-up area shall require the user to cross a drive aisle.
A sidewalk adjacent drop-off/pick-up area using an assigned curb designation that provides the same number of parking spaces may be utilized at the discretion of the Director.
4.10.075 Demolition of Residential Structures
A. The purpose of this Section is to implement the provisions of California Government Code Sections 65583.2, 66300(d) and 65590, regarding the demolition of residential structures in all zones.
1. Compliance with Government Code Section 65583.2(g) is required for replacement housing on sites identified to meet the Regional Housing Needs Allocation in the General Plan Housing Element when any new development occurs on a site that has been deed restricted or controlled by other regulatory mechanism for lower-income households at any time during the previous five years relative to the time a development application is received for new construction.
2. Qualifying housing developments per subsection 1 above shall be required to replace, at minimum, on a one-to-one basis affordable housing units on the subject development site that are removed due to new development consistent with Government Code Section 65583.2(g)(3).
3. Compliance with Government Code Section 66300(d) is required for any new development, until such a time as this law sunsets, including but not limited to specific requirements of this regulation as follows:
a. New development shall not involve demotion of residential dwelling units unless the project will create at least as many residential dwelling units as will be demolished; and
b. New development shall not involve demolition of occupied or vacant incomeprotected residential dwelling units unless the units are replaced at the same protected income levels; and
c. Relocation benefits to the occupants of affordable units are provided.
4. Compliance with Government Code Sections 65590 et seq. is required for conversions, demolitions, and replacement housing in the coastal zone. 0 City of Grover Beach Development Code 4-17
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and ___
4.10.077 Garage or Yard Sales
A. Garage or Yard Sales. A parcel with an existing residence may conduct a garage or yard sale a maximum of four times within a calendar year subject to the following requirements:
1. Each garage or yard sale shall not exceed three consecutive days.
2. Items for sale shall consist of typical household items (clothing, furniture, etc.) that are owned by the household conducting the sale. Items acquired for resale or are brought to the site (i.e., stored off-site) are prohibited.
3. All signage shall comply with Section 3.60 (Sign Regulations).
B. Garage or yard sales are not permitted on vacant lots.
4.10.80 Live Entertainment
A. Purpose. This Section provides standards for live entertainment where allowed by Chapter 2 (Zones and Allowable Land Uses). The standards of this Section do not apply to live entertainment associated with Adult Businesses (Section 4.20).
B. Permit requirements. If the live entertainment use meets the standards of this Section, no development permit application approval is required. If the Director determines that the live entertainment use may not meet the standards of this Section, approval of a Use Permit by the Commission is required.
C. Limitations on use. The live entertainment use shall be an accessory use to the primary use and not create any adverse impacts other than those normally associated with the permitted use. The live entertainment should not exceed normal conversation levels and shall be in compliance with the City’s noise standards.
D. Use Permit. Live entertainment that is not an accessory use, charges a fee, or does not comply with Subsection C, shall require approval of a Use Permit by the Commission.
4.10.90 Live/Work Units
A. Purpose. This Section provides standards for the development of new live/work units and for the reuse of existing commercial and industrial structures to accommodate live/work opportunities where allowed by Chapter 2 (Zones and Allowable Land Uses).
B. Limitations on use. The non-residential component of a live/work project shall only be a use allowed within the applicable zone. A live/work unit shall not be established or used in conjunction with any of the following activities:
1. Adult businesses;
4.10.90 4-18 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and _____
2. Storage of flammable liquids or hazardous materials beyond that normally associated with a residential use;
3. Welding, machining, or any open flame work; and
4. Any other activity or use, as determined by the Director to not be compatible with residential activities and/or to have the possibility of affecting the health or safety of live/work unit residents, because of the potential for the use to create dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or would be hazardous because of materials, processes, products, or wastes.
C. Density. Live/work units in commercial zones shall not exceed the maximum density allowed in the applicable zone. Live/work units in industrial zones shall not exceed a maximum density of 10 units per acre.
D. Occupancy requirement. The residential space within a live/work unit shall be occupied by at least one individual employed in the business conducted within the live/work unit.
E. Design standards.
1. Floor area requirements. The minimum net total floor area of a live/work unit shall be 1,000 500 square feet.
F. Design standards.
1. Building form and design. The provisions of Section 4.25.040 shall apply to live/work projects with nine or fewer units and the provisions of Section 4.25.050 shall apply to live/work projects with 10 or more units.
2. Separation and access. Each live/work unit shall be separated from other live/work units or other uses in the structure. Access to each live/work unit shall be provided from a public street, or common access areas, corridors, or halls. The access to each unit shall be clearly separate from other live/work units or other uses within the structure.
3. Commercial uses. In commercial and industrial zones, the commercial area shall be adjacent and oriented to the primary street frontage to emphasize the commercial activity towards the street.
4. Mixed occupancy structures. If a structure contains mixed occupancies of live/work units and other non-residential uses, occupancies other than live/work shall meet all applicable requirements for those uses, and proper occupancy separations shall be provided between the live/work units and other occupancies, as determined by the Building Official.
G. F. Operating requirements.
1. Sale or rental of portions of unit. No portion of a live/work unit may be separately rented or sold as a commercial or industrial space for any person not living in the premises or as a residential space for any person not working in the same unit.
4.10.90 City of Grover Beach Development Code 4-19
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and ___
2. Hours of operation. The hours of operation of the business in a live/work unit shall be restricted to 7:00 a.m. to 10:00 p.m., except for passive activity that produces noise levels that are below the maximum acceptable levels in compliance with the City noise standards.
3. Work area. All business operations shall be conducted within the building interior.
No outdoor storage shall be allowed unless authorized by the Use Permit.
4. Notice to occupants. The owner or developer of any structure containing live/work units shall provide written notice to all live/work occupants and users that the surrounding area may be subject to levels of dust, fumes, noise, or other effects associated with commercial and industrial uses at higher levels than would be expected in more typical residential areas. State and Federal health regulations notwithstanding, noise and other standards shall be those applicable to commercial or industrial properties in the applicable zone.
5. On-premises sales. On premises sales of goods and services is limited to those produced within the live/work unit.
5. 6. Nonresident employees. Up to two persons who do not reside in the live/work unit may work in the unit, unless this employment is prohibited or limited by the Use Permit. The employment of three or more persons who do not reside in the live/work unit may be allowed, subject to Use Permit approval, based on an additional finding that the employment will not adversely affect parking in the immediate vicinity of the unit.
6. 7. Client and customer visits. Client and customer visits to live/work units are allowed subject to any applicable conditions of the Use Permit to ensure compatibility with adjacent commercial or industrial uses, or adjacent residentially zoned areas.
H. G. Changes in use. After approval, a live/work unit shall not be converted to either entirely residential use or entirely business use unless authorized through Use Permit approval.
I. H. Required findings. The approval of a Use Permit for a live/work unit shall require that the Review Authority make all of the following findings, in addition to those findings required for Use Permit approval (Section 6.20.090):
1. The proposed use of each live/work unit is compatible with residential activities and will not affect the health or safety of the live/work unit residents consistent with Subsection B. (Limitations on use); and
2. The establishment of live/work units will not conflict with nor inhibit commercial or industrial uses in the area where the project is proposed.
3. In industrials zones, a live/work project will not result in an overconcentration of residential dwellings that could potentially limit the available land for light manufacturing or other job generating uses.
0 4-20 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and _____
4.10.095 Low Barrier Navigation Centers (Emergency Shelter) A. Purpose. This Section provides standards for low barrier navigation centers in commercial and industrial zones, where allowed by Chapter 2 (Zones and Allowable Land Uses), to implement the provisions of Government Code Section 65660 et seq.
B. Definitions. For the purposes of this Section, the following definitions apply:
1. “Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to the applicable provisions of Government Code Section 65662, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.
2. “Low barrier” means best practices to reduce barriers to entry.
C. Permit Requirements. A Zoning Clearance shall be required to ensure compliance with this Section.
D. Operation and Development Requirements: A low barrier navigation center shall meet the following requirements at all times:
1. Comply with all applicable State and City health and safety, building, and development codes as applicable.
2. The center must allow for the presence of partners, if it is not a population-specific site, and allow for pets and the storage of possessions.
3. The center must provide privacy by providing partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or have separate, private rooms.
4. The center must have accommodations for people with disabilities.
5. The center must provide services to connect people to permanent housing through a services plan.
6. A coordinated entry system shall be provided so that staff may conduct assessments and provide services to connect people to permanent housing.
7. The center shall not deny entry based on use of drugs or alcohol, a history of justice involvement or poor credit, or refusal to participate in services or a program.
8. The center shall comply with the Housing First components identified in Section 8255 of the State Welfare & Institutions Code.
9. On-site staff, including a manager, shall be present at all times the center is open/operational.
10. The center shall maintain a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System in accordance with Federal regulations.
4.10.100
City of Grover Beach Development Code 4-21
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and ___
E. Effective Date. This Section shall remain in effect only until January 1, 2027, after which it is repealed, unless the relevant statutes Government Codes Sections 65660 et seq. are extended by the State Legislature.
4.10.100 Massage Establishments
Permit requirements. Prior to operating, the applicant of any massage establishment shall comply with the requirements of Municipal Code Article III.
4.10.110 Mixed Use Projects Reserved
A. Purpose. This Section provides standards for the design of mixed use projects, where allowed by Chapter 2 (Zones and Allowable Land Uses). A mixed use project combines residential and non-residential uses on the same site, with the residential units typically located above the non-residential uses (vertical mixed use). Residential units may also be allowed at ground level behind streetfronting non-residential uses (horizontal mixed use) as specified by this Section.
B. Design considerations. A mixed use project shall be designed to achieve the following objectives.
1. The design shall provide for internal compatibility between the residential and non-residential uses on the site.
2. Potential glare, noise, odors, and other potential nuisance conditions for residents shall be minimized to allow a compatible mix of residential and non-residential uses on the same site.
3. The design shall take into consideration existing and potential future uses on adjacent properties and shall include specific design features to minimize potential impacts.
4. The design shall ensure that the residential units are of a residential character, and that appropriate privacy between residential units and other uses on the site is provided.
5. Site planning and building design shall provide for convenient pedestrian access from the public street into the commercial portions of the project, through such means as courtyards, plazas, and walkways.
6. The commercial area shall be adjacent and oriented to the primary street frontage to emphasize the commercial activity towards the street.
C. Allowed uses. A mixed use project may combine residential uses with any other uses allowed in the applicable zone where allowed by Chapter 2 (Zones and Allowable Land Uses);
0 4-22 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and _____ D. Density. The residential component of a mixed use project shall comply with the density requirements of the applicable zone.
E. Site layout and project design standards. Each proposed mixed use project shall comply with the development standards of the applicable zone and the following requirements.
1. Location of units. Residential units shall not occupy ground floor street frontage on the primary street frontage. Residential units on the ground floor shall only be allowed behind the commercial space and on secondary street frontages. The ground floor street frontage space within a mixed use building shall be reserved for commercial uses, except for a lobby or other feature providing access to the residential units.
2. Loading areas. Commercial loading areas shall be located away from residential units and shall be screened from view from the residential portion of the project to the maximum extent feasible.
3. Refuse and recycling areas. Areas for the collection and storage of refuse and recyclable materials shall be located on the site in locations that are convenient for both the residential and commercial uses.
4.10.115 Mobile Vendors
A. Purpose. This Section provides standards for the operations of mobile vendors on private property, where allowed by Chapter 2 (Zones and Allowable Land Uses) to ensure the operations do not create an adverse impact on adjacent uses caused by noise, lighting, and litter.
B. Applicability. This Section shall apply to the operation of mobile vendors operating greater than 10 days in a calendar month on private property. Mobile vendors operating on private property for 10 days or less in a calendar month see Section
6.20.080 (Temporary Use Permit). Mobile vendors operating in the public right-of-way or public property see Municipal Code Article III, Chapter 3.
C. Permit Requirements. An Administrative Development Permit shall be approved by the Director to ensure compliance with this Section.
D. Development Standards.
1. Parking requirements. Parking shall be provided on-site based on the type of use (e.g., restaurant) in compliance with Section 3.50.040 (Required Parking Spaces).
E. Operating Requirements.
1. Access and Circulation. Mobile vending operations shall be located in an area that does not impede safe vehicular, bicycle, or pedestrian traffic or does not provide adequate sight distance at a corner in compliance with Section 3.10.030.E.
Obstruction of access or circulation through any parking lot, or obstruction of access to any public sidewalk or street is prohibited.
0 City of Grover Beach Development Code 4-23
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and ___
2. Location of Mobile Vendor. A mobile vendor shall be parked, stopped, or standing on an asphalt, concrete, or all-weather surface (as approved by the City Engineer) and outside of any designated fire lane, or loading space. Mobile vendors are prohibited on undeveloped lots. In no instance shall a mobile vendor utilize a site to park overnight.
3. Restrooms. A minimum of one-single stall restroom and one wash lavatory shall be provided for every four mobile vendors operating on the site.
4. Seating Areas. Seating areas may be provided as authorized by the Administrative Development Permit.
5. Display of merchandise. The display of merchandise is prohibited and includes placement of goods outside of the vehicle and attached to the vehicle.
6. County Health Permit. Mobile vendors selling food or other consumable, ingestible products shall have a valid permit issued by the County Department of Public Health. All required County health permits must be in possession of the mobile vendor operator when operating in the city.
7. Hours of operations. Mobile vendors shall be prohibited from operating between the hours of 10:00 p.m. to 7:00 a.m., including set up and clean up.
8. Litter Removal. Mobile vendors shall remove litter caused by its operations from public and private property within a 25 foot radius of the vending vehicle’s location.
9. Noise. Mobile vendors shall comply with Municipal Code Article III, Chapter 1.01 (Noise Standards).
10. Signage. Mobile vendors shall comply with Section 3.60 (Signs).
11. Waste Management.
a. Mobile vendors shall not discharge any liquid (e.g., water, grease, oil, etc.) onto or into city streets, storm drains, catch basins, or sewer facilities. All discharges shall be contained and properly disposed of by the operator. b. Mobile vending operations shall provide separate and clearly marked receptacles for trash, recycling and/or compost, according to the collection services available at the operating site. Operators shall properly dispose of all trash, recycling and/or compost generated by their operations daily.
12. Additional Conditions. The Director may impose additional conditions that are more restrictive than allowed in this Section to ensure safe operations and avoid adverse impacts to adjacent uses.
F. Failure to Comply with Permit Requirements. Failure to comply with any of the requirements of this Section may result in permit revocation consistent with Section
6.30.080 (Permit Revocations).
4.10.120
4-24 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and _____
4.10.120 Multi-Family Developments Reserved
A. Purpose. This Section provides standards for the design of multi-family residential projects, where allowed by Chapter 2 (Zones and Allowable Land Uses). This Section shall apply to new projects, when an additional unit is added, or when an existing dwelling is proposing to add more than 50% of the gross floor area of the existing dwelling.
B. Accessory structures. Accessory structures and uses shall be designed and constructed with an architectural style, exterior colors and material similar to the structures in the project containing dwelling units.
C. Front setback pavement. No more than 50 percent of the front setback area shall be paved for walkways, driveways, and/or other hardscape.
D. Building Separation. Detached dwelling units shall have a minimum distance between structures equal to the sum of the height of the buildings divided by two, but in no case less than 10 feet.
E. Private open space. Private open space shall be provided for all multi-family dwellings as shown in Table 4.1. The private open space shall be accessible from within the unit and may include patio areas, balconies, and decks, but not stairs, entrance decks, and/or landings. Each private open space area shall have a minimum dimension of 10 feet for units located on the ground floor, and six feet for units located on second floors or above. The Review Authority may allow required private open space to be in different locations and/or with different dimensions where it determines that the alternative approach will provide open space of equivalent utility and aesthetic quality.
Table 4.1. Private Open Space Standards
R2 CR2 R3 CR3 Commercial zones
Ground floor units
Studio Unit
1 bedroom Unit
2+ bedroom Unit
100
120
140
100
120
140
100
120
140
100
120
140
100
120
140
Second floor or above units
Studio Unit
1 bedroom unit
2+ bedroom unit
100
120
140
100
120
140
60 72
84 60
72 84
60 72
84 Common open space. Common open space may be required by the Review Authority for developments with five or more units. The common open space shall be useable and include features as determined by the Review Authority. The Review Authority may also consider whether common open space is required based on the proximity to existing public parks or other usable public open space, or that the residential units are part of a mixed use project and/or located in a commercial zone.
4.10.130
City of Grover Beach Development Code 4-25
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and ___
4.10.130 Outdoor Storage and Work Areas
A. Purpose. This Section provides standards for outdoor storage or work areas where allowed by Article 2 (Zones and Allowable Land Uses).
B. Permit requirements. An Administrative Development Permit shall be approved by the Director to ensure compliance with this Section.
C. Development standards. Outdoor storage and work areas shall comply with the following standards:
1. Enclosure and screening required. Outdoor storage areas shall be entirely enclosed by a solid wall or fence as approved by the Review Authority with a minimum height of six feet and a maximum height of eight feet.
2. Maximum height of stored materials. The materials within the storage area shall not be higher than the fence, except where authorized by a Use Permit for the storage area.
3. Landscaped setback. In any case where an outdoor storage area abuts a street right-of-way, the required screening wall or fence shall be set back from the rightof-way as required by the applicable zone, and the setback area shall be landscaped to the approval of the Director in compliance with Sections 3.10.020 (Fences and Walls), 3.10.065 (Screening), and 3.30 (Landscaping Standards).
D. Cargo containers. The location and use of cargo containers outdoors are allowed only in the Industrial and Coastal Industrial zones as follows, except for temporary uses in compliance with Section 6.20.080 (Temporary Use Permit). For the purposes of this Subsection, "cargo container" is a metal "Seatrain", “PODS”, or similar rectangular shipping container that is otherwise carried on rail cars, truck beds, and/or cargo ships.
1. Development standards. Outdoor cargo containers shall comply with the following standards:
a. Location. Outdoor storage containers shall not be visible from public streets and placed behind buildings when feasible. The cargo container shall not be placed in required parking spaces.
b. Screening. If adjacent to a residential zone, the screening requirements in Section 3.10.020 (Fences and Walls) and Section 3.10.065 (Screening) shall apply.
4.10.135 Personal Health/Fitness Studios
A. Purpose. This section provides standards for uses that are designated “Health and Fitness Facilities” and “Studio – Art, Dance, Martial Arts where allowed in Chapter 2 (Zones and Allowable Land Uses).
4.10.040
4-26 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and _____ B. Use regulations. The following development standards shall apply for personal health / fitness studios and studios – art, dance, martial arts when allowed by a Zoning Clearance:
1. Outdoor classes or recreational uses are prohibited. Uses shall be confined to the interior of the building only. Outdoor uses may be allowed subject to approval of a Use Permit.
2. Noise. Noise shall be limited to limits established in Municipal Code Article III.
C. Outdoor use. Outdoor uses may be permitted through application of a Use Permit pursuant to Chapter 6 (Procedures).
4.10.040 Personal Storage Facilities
A. Purpose. This Section provides standards for personal storage facilities where allowed in Chapter 2 (Zones and Allowable Land Uses).
B. Development Standards. The following development standards shall apply to personal storage facilities:
1. A landscaped area a minimum of 20 feet is required along all street frontages and adjacent to residential zones.
2. Driveways shall meet the following standards:
a. The minimum width for driveways shall be 25 feet.
b. The driveway width shall be increased to 30 feet, when the length of the driveway exceeds 150 feet.
c. Parking lanes are not required.
4.10.150 Recycling Facilities
A. Purpose. This Section provides standards for the siting and operation of various types of commercial recycling facilities, where allowed by Article 2 (Zones and Allowable Land Uses).
B. Reverse vending machines. Reverse vending machines shall comply with the following standards.
1. Permit requirements. An Administrative Development Permit shall be approved by the Director to ensure compliance with this Section.
2. Accessory use only. Each machine shall be installed only as an accessory use to an allowed primary use.
3. Location requirements. If located outside of a structure, a machine shall not occupy parking spaces required by the primary use.
4.10.150
City of Grover Beach Development Code 4-27
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and ___
4. Lighting. Each machine shall be illuminated to ensure comfortable and safe operation if the machine is accessible between dusk and dawn. The light source shall be shielded so that glare and reflections are confined within the boundaries of the site.
C. Small collection facilities. A small collection facility shall comply with the following standards.
1. Permit requirements. An Administrative Development Permit shall be approved by the Director to ensure compliance with this Section.
2. Accessory use only. A small collection facility shall only be allowed as an accessory use to an allowed primary use.
3. Location requirements. A small collection facility shall:
a. Not be located within 50 feet of any lot zoned for residential use; and b. Be set back a minimum of 10 feet from any public right-of-way, and not obstruct pedestrian or vehicular circulation.
4. Maximum size. A small collection facility shall not occupy more than 350 square feet, not including space that would be periodically needed for the removal of materials or exchange of containers.
5. Appearance of facility. Collection containers and site fencing shall be of a color and design that is compatible and harmonious with the surrounding uses.
6. Operating standards for small collection facilities. Small collection facilities shall:
a. Not use power-driven processing equipment, except for reverse vending machines;
b. Accept only glass, metal, or plastic containers, paper, and reusable items; c. Use containers that are constructed with durable waterproof materials, secured from unauthorized removal of material, and shall be of a capacity sufficient to accommodate materials collected and the collection schedule; and
d. Be screened where determined by the Review Authority to be necessary because of excessive visibility.
7. Signs. Non-illuminated signs may be provided as follows:
a. Identification and directional signs may be approved by the Director if found necessary to facilitate traffic circulation, or if the facility is not visible from the D. Large collection facilities. A large collection facility is larger than 350 square feet and shall comply with the following standards.
1. Permit requirements. A Use Permit shall be approved by the Commission to ensure compliance with this Section.
2. Location requirements. A large collection facility shall:
4.10.150
4-28 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and _____ a. Not be located within 100 feet of any lot that allows residential uses; and b. Be set back a minimum of 10 feet from any public right-of-way, and not obstruct pedestrian or vehicular circulation.
3. Appearance of facility. Collection containers and site fencing shall be of a color and design that is compatible and harmonious with the surrounding uses.
4. Operating standards for large collection facilities. Large collection facilities shall:
a. Not use power-driven processing equipment, except for reverse vending machines;
b. Accept only glass, metal, or plastic containers, paper, and reusable items; c. Use containers that are constructed with durable waterproof materials, secured from unauthorized removal of material, and shall be of a capacity sufficient to accommodate materials collected and the collection schedule; and
d. Be screened where determined by the Review Authority to be necessary because of excessive visibility.
5. Signs. Non-illuminated signs may be provided as follows:
a. Identification and directional signs may be approved by the Director if found necessary to facilitate traffic circulation, or if the facility is not visible from the street.
E. D. Processing facilities. Processing facilities shall comply with the following standards.
1. Permit requirements. A Use Permit shall be approved by the Commission.
2. Location requirements. The facility shall not abut a be located within 100 feet of any lot zoned forthat allows residential uses.
3. Limitation on activities. Allowed activities are limited to baling, briquetting, compacting, crushing, grinding, shredding, and sorting of source-separated recyclable materials and repairing of reusable materials.
4. Container location. Containers provided for "after hours" donation of recyclable materials shall be permanently located at least 100 feet from any residential zone, be constructed of sturdy, materials, have sufficient capacity to accommodate materials collected, and be secured from unauthorized entry or removal of the materials; and
5. Screening. The facility shall be screened from public rights-of-way, by solid masonry walls or located within an enclosed structure;
6. Outdoor storage. Exterior storage of material shall be in sturdy containers or enclosures that are secured and maintained in good condition. Storage shall not be visible above the height of the required solid masonry walls;
4.10.160
City of Grover Beach Development Code 4-29
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and ___
7. Operating standards. Dust, fumes, odor, smoke, or vibration, above ambient levels, shall not be detectable on adjoining lots.
4.10.160 Resale Stores
Permit requirements. Resale stores, including secondhand stores and consignment shops as defined in Section 9.10.020 (Definitions), that sell tangible personal property as defined by the U.S. Justice Department shall obtain clearance from the Police Department prior to operating.
4.10.170 Reserved
4.10.180 Senior Housing
A. Purpose: This Section provides flexible development standards to promote and encourage senior housing development where allowed by Chapter 2 (Zones and Allowable Land Uses).
B. Development Standards: Residential development exclusively for seniors has operating characteristics which differ from those of typical multi-family unit dwellings.
Therefore, the strict application of development standards may not be appropriate to apply to senior housing projects. Accordingly, the Review Authority may approve exceptions to off-street parking, open space, and other development standards as may be appropriate if the findings in Subsection D can be made. Senior projects developed in conformance with affordable units Section 3.20 (Affordable Housing Density Bonuses and Concessions/Incentives) are eligible for up to a 35 percent density bonus consistent with Government Code Section 65915. The Council may consider a density bonus of up to 50 percent for a project that provides affordable units and is determined to be a superior design.
C. Design standards. Senior housing facilities shall provide adequate amenities (e.g., shopping, services, recreation, public transit, etc.) on-site or within close proximity.comply with Section 4.30.040 and 4.30.050 as applicable (Multi-Unit Attached Dwellings and Mixed-Use Developments Design Standards).
D. Required findings. The Review Authority may approve exceptions to the development standards of the applicable zone if the following findings can be made:
1. The project provides a living environment that is conducive to seniors and will support their lifestyles.
2. Exceptions to development standards would not create greater adverse impacts on surrounding properties than would be expected if the site was developed to its maximum intensity of the applicable zone.4.10.185 Short-Term Rentals
0 4-30 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and _____ A. Purpose.
1. This Section provides standards to regulate short-term rentals where allowed by Chapter 2 (Zones and Allowable Uses). The intent of these requirements is to ensure short-term rentals are operated in a way that minimizes impacts on surrounding residential uses, provides basic life safety measures, and operate consistent with applicable sections of the Municipal Code.
2. This Section is not intended to provide any owner of a single family-unit dwelling, multi-family unit dwelling, or mobile home with the right or privilege to violate any private conditions, covenants and restrictions applicable to the owner’s residence that may prohibit the use of an owner’s residence for short-term rental purposes as defined in this Section.
B. Applicability.
1. The provisions of this Section shall apply to all short-term rental units, including owner occupied and non-owner occupied short-term rentals. All standards of the underlying zone shall continue to apply to a permitted short-term rental. This Section does not apply to legally established lodging uses, which are regulated separately.
2. Short-term rental units shall only be allowed within a legally constructed singleunit family dwelling, multi-family unit dwelling, multi-family unit dwellings within a mixed-use project, or mobile home as defined in Section 9.10.020, except shortterm rentals shall be prohibited in the following types of dwellings: live-work units, caretaker residences, and accessory dwelling units unless exempt as specified in Subsection Q. Short-term rental permits shall be limited to the issuance of one permit per building when units share common walls within multi-unit dwellings or within a mixed-use project for all new permits issued after October 1, 2021.
3. Short-term rentals shall be prohibited in any residence subject to an affordable housing covenant or deed restriction imposed or required by the city.
4. Short-term rentals shall be prohibited in recreational vehicles, motor homes, travel trailers, truck campers, tent trailers, boats and other similar vehicles.
C. Permit Required.
1. No person shall rent, offer to rent, or advertise for rent a residential dwelling to another person or group for a short-term rental without a short-term rental permit approved and issued in a manner provided for by this Section, except as specified in Subsection P.
2. A short-term rental permit must be renewed on an annual basis in order to remain valid. If a short-term rental permit is not renewed prior to its expiration date, it shall expire automatically. Under such conditions, the owner shall be required to apply for and obtain a new short-term rental permit, subject to the regulations and administrative rules in effect at the time an application is submitted.
0 City of Grover Beach Development Code 4-31
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and ___
3. Any proposed change to the permit conditions or material facts relating to the information contained in the permit application shall require the owner to submit a new short-term rental permit application.
4. A short-term rental permit is only valid for the address and owner on the shortterm rental permit. The short-term rental permit is non-transferable to another residential unit and any change in property ownership shall require a new shortterm rental permit application be submitted within 60 days.
5. A short-term rental permit shall be valid only for the number of bedrooms in existence at the time the short-term rental permit is issued. A short-term rental permit shall not authorize the use of any bedrooms in excess of those identified in the short-term rental permit. If additional bedrooms are added to the subject dwelling, a new short-term rental permit shall be required.
D. Application Requirements. The owner shall submit a short-term rental permit application, application submittal requirements, and fee approved in the City’s Master Fee Schedule.
E. Application Approval. The Community Development Director shall approve the short-term rental permit if the owner demonstrates compliance with this Section, agrees to abide by the short-term rental permit conditions, and a site inspection has verified compliance.
F. Permit Approval Notification. The City shall notify all property owners and occupants in writing within a 150-foot radius upon issuance of a short-term rental permit for a non-owner occupied short-term rental indicating the rental address, owner’s name, hotline contact information, and the maximum number of occupants allowed. No notification is required for owner-occupied short-term rentals.
G. Maximum Number. The maximum number of non-owner occupied STRs shall be 40 within the Coastal Zone area and 60 within the non-Coastal Zone area. There is no limit on the number of owner-occupied STRs in the city. STR permit applications shall be reviewed on a first-come, first-serve basis with a waiting list for new STR permits once all authorized STR permits are issued.
H. Permit and Operating Requirements. The owner shall be responsible to ensure that renters comply with all the requirements of this Section. The short-term rental shall comply with the following standards:
1. Maximum Occupancy of a Non-Owner Occupied Rental. The maximum occupancy permitted for a non-owner occupied short-term rental unit shall be limited to the following:
Number of
Bedrooms
Maximum
Number of
Renters
Additional Daytime Guests
Allowed from 7:00 a.m. to 10:00
p.m.
0 (studio) 2 0
0 4-32 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and _____ 1 4 2
2 6 3
3 8 4
4 or more 10 5
2. Maximum Occupancy of an Owner-Occupied Rental. The maximum occupancy permitted for an owner-occupied short-term rental unit shall be limited to the following:
Number of
Bedrooms
Maximum
Number of
Renters
Additional Daytime Guests
Allowed from 7:00 a.m. to 10:00
p.m.
0 (studio) 2 No Limit
1 4 No Limit
2 6 No Limit
3 8 No Limit
4 or more 10 No Limit
3. Parking. The number of on-site parking spaces shall be provided as required by Development Code Section 3.50 Parking Regulations based on the type of residential unit, except that the required parking spaces may be in either a garage, carport or designated driveway with approved hardscape material.
Parking spaces shall meet the minimum dimensions required by Section 3.50.
Short-term rental parking shall also comply with the following:
a. If a garage is utilized as required parking, access shall be provided at all times the short-term rental is operational.
b. The property owner shall require the renters to utilize the designated on-site parking to the maximum extent feasible.
c. A site plan shall be provided to the guests indicating the location of the required on-site parking spaces and, if applicable, where parking is prohibited, such as within a common driveway. The site plan shall be posted in a conspicuous place on the inside of the premises near the front door at all times the unit is being rented.
4. Local Contact Person. Short-term rental units shall have a local contact person who is available 24-hours per day, seven days per week. The local contact person must be able to be present at the short-term rental within 30 minutes of receiving a complaint at all times the short-term rental is operational. The contact information shall be submitted to the City when an application for permit is submitted and the owner shall immediately provide the city in writing of any change to the local contact person.
5. Property Maintenance. The property shall be maintained in a neat and clean appearance at all times. The owner shall provide appropriate trash and recycling containers which must be stored in a location not visible from the street.
Containers shall be placed at the appropriate pick-up location weekly, no more 0 City of Grover Beach Development Code 4-33
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and ___
than 24-hours prior to pick-up, and returned to storage no more than 12-hours after pickup.
6. Good Neighbor Brochure. The property owner shall require any renter to sign an agreement acknowledging they have been provided a copy of the City’s “Good Neighbor Brochure” and agree to comply with the regulations and the consequences for violating the regulations. If the rental is through a third party hosted by an on-line platform, the owner shall require the third party to provide an on-line link to the Good Neighbor Brochure and a mechanism by which a renter shall acknowledgement receipt of the Good Neighbor Brochure and agree to comply with the regulations and the consequences for violating the regulations.
7. Life Safety Measures. The following life safety measures shall be provided:
a. Smoke detectors in each bedroom and the hall leading to the bedrooms. b. Carbon monoxide detector.
c. Fire extinguisher in or near kitchen.
d. A site plan indicating the location of the electrical, gas and water shut-off locations.
e. If the residence has a fire sprinkler system, an annual inspection shall be made to ensure proper operation.
8. Posting Permit. The short-term rental permit shall be posted in a conspicuous place on the inside of the premises near the front door at all times the unit is being rented.
9. Noise and Conduct. The owner or the local contact person shall ensure that the renters and/or guests of the short-term rental do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate any applicable law, rule or regulation pertaining to the use and occupancy of the short-term rental. No radio receiver, musical instrument, phonograph, compact disk player, loudspeaker, karaoke machine, sound amplifier, or any machine, device or equipment that produces or reproduces any sound shall be used outside or be audible from the outside of any short-term rental between the hours of 10:00 p.m. and 7:00 a.m. The renters and/or guests shall comply with the City’s Noise Ordinance at all times.
10. Signage. No on-site signage shall be allowed to advertise short-term rentals.
11. Advertising Requirements. All advertisements for short-term rentals shall include the city’s short-term rental permit number and the maximum permitted overnight occupancy as stated on the approved short-term rental permit.
12. Payment of Transient Occupancy Tax. The owner shall pay the transient occupancy tax in compliance with Municipal Code Article X Chapter 6 and the Administrative Rules. Payment of transient occupancy tax shall be required upon the effective date of the ordinance. The owner may submit payment of the 0 4-34 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and _____ transient occupancy tax directly to the City or make payment through a shortterm rental platform that has a current agreement with the City.
13. Business Tax Certificate. The owner of a short-term rental that has an active short-term rental permit shall have a valid Business Tax Certificate at all times.
14. Minimum Stay Requirement. All non-owner occupied permits shall have a minimum of 12 overnight stays during the permit year, as defined by the Administrative rules. Any permittees not meeting this requirement shall not be eligible for permit renewal.
15. 14. Compliance with laws. The owner shall ensure that the short-term rental is operated in a manner that complies with all applicable federal, state and local laws, rules and regulations and private governing documents, including, without limitation, conditions, covenants and restrictions (“CC&Rs”) that are valid and enforceable pursuant to the Davis-Stirling Common Interest Development Act, as set forth in California Civil Code Section 4000 et seq., pertaining to the use and occupancy of the short-term rental.
16. 15. Additional conditions or requirements may be required as determined by the Community Development Director to achieve the purpose and intent of this Section.
I. Rental Agreements. The owner shall enter into a written rental agreement with the renter of any short-term rental property, or shall enter into an agreement provided by a third-party rental agency, or hosted on-line platform, which agreement shall, at a minimum, include the following:
1. The name, address, mobile phone, and email address of the renter.
2. The terms and conditions of the rental agreement, including occupancy limits.
3. Acknowledgment by the renter that he or she is legally responsible for compliance by all renters and any guests of the short-term rental with the requirements of this Section and the terms of the rental agreement.
4. Acknowledgment by the renter they have reviewed the Good Neighbor Brochure as specified in Subsection H.6.
5. Acknowledgment and agreement that the City may inspect the short-term rental property for cause upon 24-hour notice.
J. Owner Responsibilities. An owner may authorize an agent to comply with the requirements of this Section on behalf of the owner. However, the owner shall not be relieved from any personal responsibility and personal liability for noncompliance with any applicable law, rule or regulation pertaining to the use and rental of the shortterm rental, regardless of whether such noncompliance was committed by the owner’s authorized agent, local contact person, renter or guest of the short-term rental.
K. Violations.
0 City of Grover Beach Development Code 4-35
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and ___
1. Notice of Violation. The City may issue a notice of violation to the owner, local contact person, renters, or guests pursuant to Municipal Code Article I, Chapter 4, if a violation of this Section is committed, caused or maintained by any of the above parties.
2. Responding to Hotline. The City may issue a notice of violation to the owner if the local contact person fails to respond when contacted by the hotline.
3. Administrative Citation. The City may issue administrative citations to the owner, local contact person, renters, or guests pursuant to Municipal Code Article I, Chapter 4, if a violation of this Section is committed, caused or maintained by any of the above parties. Unless otherwise provided herein, any person issued an administrative citation pursuant to this Section shall for each separate violation be subject to those fines consistent with the Grover Beach Master Fee Schedule.
4. Penalties. It is unlawful to violate any provision of this Section 4.10.185 of Chapter 4 of Article IX. Violations of this Section are punishable as misdemeanors. Violations of this Section may alternatively be punished as administrative violations as provided in Chapters 1 and 4 of Article I. Any administrative or criminal penalties imposed in accordance with this Section shall be consistent with those penalties and fines enumerated in the Grover Beach Master Fee Schedule. Each separate day or rental night in which a violation exist may be considered a separate violation whether for administrative citations or as a misdemeanor.
5. Additional Conditions. A violation of any provision of this Section by the owner, local contact person, renters, or guests shall authorize the Community Development Director, to impose additional conditions on the use of any given short-term rental to ensure that any potential additional violations are avoided.
6. Permit Modification, Suspension and Revocation. Unless otherwise provided in this Section, a violation of any provision of this Section by the owner, local contact person, renters, or guests shall constitute grounds for modification, suspension and/or revocation of the short-term rental permit and/or any affiliated licenses or permits.
7. Public Nuisance. It shall be a public nuisance for any person to commit, cause or maintain a violation of this Section.
L. Permit Revocation. A short-term rental permit may be revoked under any of the following conditions:
1. The City issues three or more violations related to the operation of the short-term rental within any two-year period.
2. The short-term rental is found to be noncompliant with any portion of this Section, the Administrative Rules, or the short-term rental permit conditions. 0 4-36 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and _____
3. Abandonment of the use for a period of 12 months or more (demonstrated by a lack of payment of transient occupancy taxes).
4. Failure to pay a citation related to operation of a short-term rental within 15 days of issuance.
5. The owner provided materially false or misleading information in any submittal required by this Section.
6. Any instance of transient occupancy tax fraud or transient occupancy tax delinquency of more than three months.
7. Credible evidence is presented to the City, after issuance of a short-term rental permit, that there are private governing documents, including, without limitation, conditions, covenants and restrictions (“CC&Rs”) that are valid and enforceable pursuant to the Davis-Stirling Common Interest Development Act, as set forth in California Civil Code Section 4000 et seq., which prohibit the use of the dwelling for short-term rental purposes, as defined in this Section, the owner shall have thirty days after being notified of receipt of such evidence by the city to provide written authorization from the owner’s homeowner association that allows the owner to continue to use the owner’s property for short-term rental purposes until expiration of the current short-term rental permit. If no such written authorization is provided as set forth herein, the owner’s short-term rental permit shall be summarily revoked.
8. A permanent ban on the rental of the subject short-term rental pursuant to an order issued by a court of competent jurisdiction.
9. If the subject property lacks adequate onsite parking, or impedes ingress and/or egress access to the subject property or adjacent properties.
M. Permit Revocation Process. If a short-term rental permit is revoked, the following applies:
1. The Community Development Director shall notify the property owner in writing that the short-term rental permit has been revoked and specify the reasons for the revocation.
2. A property that has a short-term rental permit revoked cannot reapply for a period of two years.
3. Notification shall be sent to all owners and occupants within 150 feet of the subject short-term rental of any revocation.
4. A decision by the Community Development Director to revoke a short-term rental permit is appealable to the Planning Commission as specified in Section 7.20 Appeals.
N. Denial of Permit. A short-term rental permit may be denied for the following reasons:
0 City of Grover Beach Development Code 4-37
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and ___
1. At the time the short-term rental permit application or annual permit renewal is submitted, the short-term rental property has an active code violation related to structures, land use or life safety issues.
2. The owner has had a prior short-term rental permit suspended or revoked, or has been cited for violating any provision of this Section or the Municipal Code related to the use or maintenance of the property of the short-term rental in the prior two years.
3. Failure to make transient occupancy tax payments in accordance with Municipal Code Article X, Chapter 6 or the Administrative Rules.
4. There is credible evidence that there are any private governing documents, including, without limitation, conditions, covenants and restrictions (“CC&Rs”) that are valid and enforceable pursuant to the Davis-Stirling Common Interest Development Act, as set forth in California Civil Code Section 4000 et seq., which prohibit the use of such owner’s single-family unit dwelling, multi-family unit dwelling, or mobile home for short-term rental purposes as defined in this Section.
5. If the subject property lacks adequate onsite parking, or impedes ingress and/or egress access to the subject property or adjacent properties.
6. The owner fails to provide any of the required application information, renewal requirements, or demonstrate compliance with the requirements of this Section or the Administrative Rules.
O. Administrative Rules. The City Manager, or designee, shall have the authority to establish administrative rules and regulations consistent with the provisions of this Section for the purpose of interpreting, clarifying, carrying out, furthering, and enforcing the requirements and the provisions of this Section, and establishing procedures for complaints. A copy of such administrative rules and regulations shall be on file in the office of the city clerk and posted on the city's website.
P. Effect of Ordinance on Existing Short-Term Rentals. All owners advertising or operating a short-term rental property on the effective date of the ordinance enacting this Section shall have 60 days from the effective date to submit a shortterm rental permit application in compliance with this Section. Failure to submit a short-term rental permit application in compliance with this Section shall result in the owner not being eligible to apply for a short-term rental permit or be authorized to operate a short-term rental for a six-month period after the expiration of the 60 day application period.
Q. Effect of Ordinance on Existing or Proposed Accessory Dwelling Units.
Accessory dwelling units and second residential dwellings that are existing, under construction, or in building plan review prior to the adoption of this ordinanceSeptember 11, 2020 may be used as a short-term rental.
R. Definitions. Definitions for this Section are in Development Code Section 9.10.050.
4.10.190
4-38 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and _____
4.10.190 Sidewalk Seating for Outdoor Dining
A. Purpose: This Section provides standards for outdoor dining in the public right-ofway where allowed by Chapter 2 (Zones and Allowable Land Uses). The purpose is to enhance the pedestrian ambiance by allowing outdoor seating.
B. Permit Required. An Administrative Development Permit shall be approved by the Director. In addition, an encroachment permit shall be required from the Public Works Department.
C. Development Standards. Sidewalk cafes shall comply with the following standards:
1. A minimum four-foot-wide unobstructed pedestrian travel way shall be maintained at all times.
2. Sidewalk seating is not near corners may be allowed within 15 feet of the corner if site distance requirements are met in compliance with Section 3.10.030.E (Restrictions to height limits at street corners).
3. Awnings or umbrellas may be used but shall maintain a minimum clearance of six feet eight inches.
4. A barrier surrounding the sidewalk seating area may be required by the Alcohol Beverage Control Board or the Public Works Director.
D. Standards of Operation:
1. The applicant shall be responsible for maintaining the sidewalk seating area.
2. All furniture and fixtures shall be removed each night.
3. All items associated with the sidewalk seating area shall be removed when not in use.
4. The hours of operation for the sidewalk seating may be more restrictive than the normal hours of operation.
5. The City retains the right to revoke the Administrative Development Permit/Encroachment Permit upon 24 hour written notice to the applicant for any cause, regardless of compliance with the conditions of the Permit.
4.10.200 Single Room Occupancy Facilities
A. Purpose. This Section provides standards for single room occupancy facilities where allowed by Chapter 2 (Zones and Allowable Land Use). Single room occupancy facilities shall comply with the standards of this Section to provide affordable, long-term housing for extremely low, very low, and low income households.
B. Development Standards. Single-room occupancy facilities shall comply with the following standards:
4.10.210
City of Grover Beach Development Code 4-39
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and ___
1. The floor area per room shall be a minimum of 150 square feet including a bathroom and kitchen facilities.
2. The maximum room occupancy shall be one person.
3. A common area with a minimum of 250 square feet shall be provided.
4. A manager’s unit shall be provided and may exceed the maximum allowable square feet per room.
C. Operating Standards.
1. Occupancy shall be limited to a minimum of 30 days.
2. On-site management shall be provided 24 hours a day. The manager shall be accessible to residents, law enforcement personnel, and any other individuals who need to establish communication upon or about the premises. The manager also shall have the authority to exercise control over the premises to ensure that the use of the premises does not result in littering, nuisance activities, noise, or other activities that adversely impact surrounding properties.
3. Cleaning services shall be provided.
D. Density Standards. The density shall be calculated based on the applicable zone with one room equivalent to one-half of a dwelling.
E. Design Guidelines. The following design guidelines are intended to be interpreted with some flexibility in their application to each project:
1. Living units should have amenities sufficient to sustain daily living, including, but not limited to, furnishings designed for smaller spaces, built-in cabinets, closets, miscellaneous storage and individually controlled heating and ventilation.
2. Living units should be pre-wired for both telephone and cable television service.
3. Laundry facilities should be provided.
F. Affordability. A minimum of 50 percent of the All living units shall be affordable and available to extremely low, very low, and or low income households, except for a manager’s unit.
4.10.210 Thrift Stores
A. Permit requirement. An Administrative Development Permit shall be approved by the Director.
B. Limitations on use. No thrift store as defined in Section 9.10.020 (Definitions) shall be located within 1,000 feet from another thrift store.
4.10.215 Tiny Houses Homes on Wheels in Residential Zones 0 4-40 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and _____ A. Purpose, Tiny homes on wheels are classified as a type of recreational vehicle by California codes and are allowed as a temporary dwelling unit allowed as an accessory use to a permitted single familyunit dwelling. Tiny homes on wheels shall comply with the requirements of this Subsection except to the extent they are inconsistent with the following development standards which shall govern when applied to tiny homes on wheels.
B. Limitation on Number. One tiny home on wheels shall be allowed in all residential zones withwhere an existing single-family unit dwelling has been established. No tiny home on wheels shall be allowed if there is a permitted accessory dwelling unit, with the exception of a junior accessory dwelling unit as defined in Section 4.10.015. A tiny home on wheels shall be removed prior to granting final occupancy for an accessory dwelling unit.
C. Limitation on Use. No tiny home on wheels shall be utilized as a short-term rental.
D. Location. A tiny home on wheels shall be located on the rear portion of a parcel unless there is no feasible alternative, as determined by the Director.
E. Size. The minimum floor area shall be 100 square feet and the maximum floor area 400 square feet not including lofts.
F. Design. If the tiny home on wheels is visible from the street, skirting shall be required for the foundation/wheels.
G. Construction Standards. Tiny homes on wheels shall comply with the standards of, and be approved as one of the following types of structures: a HUD-Code manufactured home, California Residential Code or California Building Code home, factory-built housing, park trailer, or camping cabin. The Building Official shall determine the appropriate construction standards based on the type of tiny home on wheels.
H. Utility connections. Tiny homes on wheels shall be connected to City water and sewer services in compliance with the Municipal Code. A tiny home on wheels may be off grid for electrical and gas if it can be demonstrated the unit has adequate heating and electrical power to the satisfaction of the Building Official.
I. Addresses. No separate address shall be assigned for tiny homes.
J. Vehicle Registration. A tiny home shall remain licensed and registered with the California Department of Motor Vehicles.
K. Prohibition on the use of RVs, trailers, campers. The use of a recreational vehicle. travel trailer, truck camper, or camping trailer are prohibited from being used as a tiny home on wheels based on Section 18010 of the California Health and Safety Code.
L. Fire Protection Standards. A tiny home on wheels shall meet either American National Standards Institute (ANSI 119.5 requirements or National Fire Protection Association (NFPA) 1192 standards.
0 City of Grover Beach Development Code 4-41
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and ___
4.20.010
4-42 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and _____
4.20 Adult Businesses
Sections:
4.20.010 - Purpose
4.20.020 - Permit Requirements
4.20.030 - Required Findings
4.20.040 - Permits Nontransferable; Use Specific
4.20.010 Purpose
This Section establishes regulations for adult businesses where allowed by Chapter 2 (Zones and Allowable Land Use). Adult Business shall comply with the standards of this Section, because of their very nature, are believed to have any of the recognized significant secondary effects on the community which include, but are not limited to:
depreciated property values and increased vacancies in residential and commercial areas in the vicinity of Adult Businesses; interference with residential property owners’ enjoyment of their property when such property is located in the vicinity of Adult Businesses due to increased crime, debris, noise and vandalism; higher crime rates in the vicinity of Adult Businesses; and blighting conditions such as low-level maintenance of commercial premises and parking lots which thereby have a deleterious effect upon adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the neighborhoods in the vicinity of the Adult Businesses. It is neither the intent, nor the effect of this Section to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent, nor the effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors or exhibitors of sexually oriented materials to their intended market.
Nothing in this Section is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any city ordinance or any statute of the State of California regarding public nuisances, unlawful exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof.
4.20.020 Permit Requirements
A. Permit requirements. A Use Permit shall be approved by the Commission to ensure compliance with this Section. In addition, the Police Department shall conduct a background investigation on the applicant as required by this Section. The Use Permit may be approved pending the conclusion and findings of the background investigation.
4.20.030
City of Grover Beach Development Code 4-43
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and ___
B. Submittal Requirements. In addition to the standard submittal requirements for a Use Permit, the applicant shall submit a letter of justification describing the proposed project and explaining how it will satisfy the required findings.
C. Public Hearing. A public hearing shall be conduct in compliance with Section 7.10 (Public Hearings) with the additional requirement that the public notice shall be mailed to all property owners within 500 feet of the proposed project.
4.20.030 Required Findings
The approval shall require that the Commission make all of the following findings:
A. The Adult Businesses shall not be located within 100 feet from any residentially zoned property (except for Assessor Parcels Nos. 060-252-005 and 060-254-007), 500 feet of any lot upon which there is properly located a public park or religious institution (except for Assessor Parcel No. 060-253-016 which may be located 250 feet from an Adult Business), 750 feet from any schools or 500 feet from any other Adult Business establishment as of the day the application is filed.
1. For the purposes of this Section, a use is “located” upon a site if an application for the use to be placed upon the site has been filed with the City prior to receipt of the Adult Business application under review.
2. The distance of separation required by this Subsection shall be made using a straight line, without regard to intervening structures or objects, from the property line of the lot on which the Adult Business shall be located to the nearest property line of the lot upon which is located a residential use, religious institution, park or school, or other adult use. If the residential use, religious institution, park or school, or other adult business from which the measurement is being taken is located on the same lot as the Adult Business, the distance between the two shall be measured in a straight line between the front doors of each use without regard to intervening structures or objects.
B. The Adult Business shall comply with the General Plan and this Development Code.
C. The Adult Business shall not be located completely or partially within any mobile structure or pushcart.
D. The Adult Business shall not conduct any massage, tattooing, acupressure, fortunetelling or escort services on the premises.
E. The Adult Business shall provide a security system that visually records and monitors all parking lot areas. All indoor areas of the Adult Business accessible to the public will be open to public view at all times with the exception of restroom facilities. “Accessible to the public" shall include but not be limited to those areas which are only accessible to members of the public who pay a fee and/or join a private club or organization, as well as any area of the establishment where a patron can go by way of an invitation of an entertainer.
4.20.030
4-44 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and _____ F. The Adult Business shall not display any Sexually Oriented Material, Sexually Oriented Merchandise or display which would be visible from any location other than from within the Adult Business.
G. The Adult Business shall not allow admittance to any person under the age of 18 if no liquor is served, or under the age of 21 if alcohol is served.
H. The Adult Business shall not operate between the hours of midnight and 10:00 a.m.
I. For the five years prior to establishing the Adult Business and at all times during its operation in the City, neither the owner (if an individual) nor any of the directors, officers or general partners (if a corporation or partnership) or employees of the Adult Business shall have been found guilty of a misdemeanor or felony classified by the state as a sex-related offense including but not limited to a violation of the following Penal Code Sections and their Subparts and Subsections: 220, 261, 262, 264, 264.1,265, 266, (inc. 266a-266k) 267, 286, 286.5, 288, 288a, 289, 647, 647b 647d 647 or have either had a Use Permit or similar license or permit suspended or revoked or have otherwise been found to have violated any of the provisions of a Use Permit or similar permit, license or ordinance in any city, county, territory, or state.
This shall be verified by evidence generated from the Grover Beach Police Department background investigation.
J. The owner of the Adult Business shall provide separate restroom facilities for male and female patrons. The restrooms shall be free from Sexually Oriented Materials and Sexually Oriented Merchandise. Only one person shall be allowed in the restroom at any time, unless otherwise required by law, in which case the owner of the Adult Business shall employ a restroom attendant/security officer of the same sex as the restroom users who shall be present in the public portion of the restroom during operating hours. The owner shall ensure that the attendant permits no person of the opposite sex in the restroom, that not more than one person to enter a restroom stall and, with the exception of urination and excretion that no persons engage in any Specified Sexual Activity in the public portion of the restroom.
K. The interior of the Adult Business shall be configured such that there is an unobstructed view, by use of the naked eye and unaided by video, closed circuit cameras or any other means, of every public area of the premises, including but not limited to the interior of all Individual Viewing Areas, from a manager's station which is no larger than 32 square feet of floor area with no single dimension being greater than eight feet in a public portion of the establishment. No public area, including but not limited to the interior of any Individual Viewing Area, shall be obscured by any door, curtain, wall, two-way mirror or other device which would prohibit a person from seeing into the interior of the Individual Viewing Area, solely with the use of the naked eye and unaided by video, closed circuit cameras or any other means from the manager's station. A manager shall be stationed in the manager's station at all times the business is in operation or open to the public in order to enforce all rules and regulations.
4.20.030
City of Grover Beach Development Code 4-45
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and ___
L. All areas of the Adult Business shall be illuminated at a minimum of the following foot-candles, minimally maintained and evenly distributed at ground level:
1. Bookstores: 20 foot-candles.
2. Retail establishments: 20 foot candles.
3. Theater: Five foot-candles except during performances, at which times the lighting shall be at least 1.25 foot candles.
4. Cabaret: Five foot-candles except during performances, at which times the lighting shall be at least 1.25 foot candles.
5. Motion pictures.
a. Motion picture arcade: 10 foot-candles in public areas. b. Individual viewing booths: 1.25 foot-candles.
c. Motion picture theater: 10 foot-candles except during performances at which times the lighting shall be at least 1.25 foot candles.
6. Motel/hotel: 20 foot-candles in public areas.
M. The Individual Viewing Areas of the Adult Business shall be operated and maintained with no holes, openings or other means of direct visual or physical access between the interior space of two or more Individual Viewing Areas.
N. A traffic study prepared for the Adult Business in conformance with industry standards must demonstrate that the project will not result in a reduction in any roadway level of service below that level of service designated in the General Plan for that roadway.
O. The Adult Business shall comply with the City’s noise standards.
P. The Adult Business shall comply with all City Building and Fire Codes.
Q. Live entertainment shall only be performed either on a stage raised at least 18 inches above the floor and separated from patrons by a fixed rail at least 30 inches in height placed at a distance of not less than eight feet around the perimeter of the stage; or in a location other than on the stage such that the Performer is separated from any patron by not less than six feet. This provision does not apply to an Individual Viewing Area where the stage is completely separated from the Individual Viewing Area by a floor to ceiling permanent, solid barrier that cannot be opened between the public area and performer area.
R. No Individual Viewing Area may be occupied by more than one person at any one time.
S. No patron shall directly pay or give any gratuity to any Performer, and no Performer will solicit or accept any directly paid gratuity from any patron. For the purposes of this Section, the phrase “directly pay” shall mean the person-to-person transfer of the gratuity. This Section shall not prohibit the establishment of a nonhuman gratuity
4.20.040
4-46 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and _____ receptacle placed at least six feet from the stage or area which the Performer is occupying.
T. No Performer shall intentionally have any physical contact with any patron and no patron shall intentionally have any physical contact with any Performer while on the premises of an Adult Business.
U. No exterior door or window shall be propped or kept open at any time during hours of operation and exterior doors or windows shall be covered with opaque coverings at all times.
V. The Adult Business shall have a separate entrance and exit to the premises for Performers which are separate from the entrance and exit used by the public.
W. Neither Live Entertainment, nor any Adult Material or Adult Merchandise shall be visible from anywhere outside the Adult Business.
X. At least one security guard shall be on duty outside the premises, patrolling the grounds and parking lot at all times live entertainment is offered. The security guard shall be charged with preventing violations of law and enforcing the provisions of this Section. All security guards shall be uniformed so as to be readily identifiable as a security guard by the public. No person acting as a security guard shall act as a doorperson, ticket taker or seller, or similar functionary while acting as a security guard. For all Adult Businesses providing Live Entertainment, an additional security guard shall be provided with each increase in maximum occupancy of 200 persons.
Y. The Adult Business shall be operated consistent with the floor plan approved by the City. No changes to the floor plan shall be implemented unless and until the changes have first been approved by the City.
4.20.040 Permits Nontransferable; Use Specific
A. No Adult Business permit may be sold, transferred, or assigned by any permittee, or by operation of law, to any other person, group, partnership, corporation or any other entity. Any sale, transfer, or assignment or attempted sale, transfer, or assignment shall be deemed to constitute a voluntary surrender of such permit, and the permit shall be thereafter null and void. A Use Permit held by an individual in a corporation or partnership is subject to the same rules of transferability as contained above. Any change in the nature or composition of the Adult Business from one element of an Adult Business use to another element of an Adult Business shall also render the permit null and void. A Use Permit for an Adult Business shall only be valid for the exact location specified on the permit.
B. Violation and Penalty.
1. Every person, whether acting as an individual owner, employee of the owner, permittee, or operator or employee of the permittee, or whether acting as a mere helper for the owner, permittee, employer, or operator, or whether acting as a participant or worker in any way, who operates or conducts an activity referred to
4.20.040
City of Grover Beach Development Code 4-47
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and ___
in this Section without first obtaining a Use Permit from the City shall be guilty of a misdemeanor. Except as provided herein, and as provided by the penal code, no violation of this Section shall be criminally punished.
2. Any establishment operated, conducted or maintained contrary to the provisions of this Section is unlawful and a public nuisance; and the City Attorney may commence an action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof in the manner provided by law, and shall take other steps and shall apply to the court or courts as may have jurisdiction to grant the relief as will abate or remove the Adult Business and restrain and enjoin any person from operation, conducting or maintaining such an establishment contrary to the provisions of this Section.
C. Enforcement and Revocation
1. Inspections: The applicant shall permit officers of the City and each of their authorized representatives to conduct unscheduled inspections of the premises of the Adult Business for the purpose of ensuring compliance with the conditions of the Use Permit and other applicable laws at any time the Adult Business is open for business or occupied.
2. Revocation. The Commission may consider revocation of the Use Permit in compliance with Section 6.30.080 (Revocations) or if any of the following have occurred:
a. The applicant is convicted of any felony or misdemeanor which is classed as a sex or sex-related offense including but not limited to a violation of the following Penal Code Sections and their Subparts and Subsections: 220, 261, 262, 264, 264.1,265, 266, (inc. 266a-266k) 267, 286, 286.5, 288, 288a, 289, 647, 647b 647d 647, any violation of the City's massage ordinance, or any violation of any other adult business ordinance of any other city, county, or state; or
b. Any person has been convicted of a sex-related offense including but not limited to a violation of the following Penal Code Sections and their Subparts and Subsections: 220, 261, 262, 264, 264.1,265, 266, (inc. 266a-266k) 267, 286, 286.5, 288, 288a, 289, 647, 647b 647d 647 as a result of his or her activity on the premises of the Adult Business.
City of Grover Beach Development Code 4-48
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and ___
4.25 Residential and Mixed-Use Objective Design Standards Sections:
4.25.010 - Purpose and Applicability
4.25.020 - Single-Unit Dwellings Design Standards
4.25.030 - Multi-Unit Detached Dwellings/Cluster Development Design Standards
4.25.040 - Multi-Unit Attached Dwellings and Mixed-Use Developments (Small/2-9 Units) Design Standards
4.25.050 - Multi-Unit Attached Dwellings and Mixed-Use Developments (Large/10+ Units) Design Standards
4.25.060 - Two-Unit Housing Developments in the R1, CR1, and CPR1 zones
4.25.010 Purpose and Applicability
A. Purpose and Applicability
1. This Chapter establishes objective design standards for new or redeveloped residential developments, either consisting solely of residential use or part of a mixed-use residential/commercial development. The objective design standards draw from and complement existing context-based design criteria set forth in other Sections of this Development Code and the General Plan. For the purposes of these provisions, redeveloped shall mean:
a. Any second story addition; and/or
b. An addition of 500 square feet or more than 40 percent of the existing floor area, whichever is greater; and/or
c. Remodels where alterations remove more than 50 percent of the exterior walls or remove more than 50 percent of the roof framing; and/or d. Conversion of nonresidential existing space to a residential use.
2. The purposes of the objective design standards are to facilitate high-quality site planning and building design. reduce barriers to housing for very low, low-, or moderate-income households, and accelerate housing production through the clear communication of design objectives and efficient permitting process for qualifying residential and mixed-use development projects pursuant to Government Code Section 65589.5 and Section 65913.4.
3. The objective development standards in this Section shall supersede any other standards to the contrary that may be provided in the Development Code as they pertain to residential and mixed-use developments. In the Coastal Zone, and in addition to meeting the requirements specified in Section 4.25, all applicable development shall also be sited and designed to avoid adverse impacts to coastal resources, including by conforming with all other applicable Local Coastal 0 City of Grover Beach Development Code 4-49
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and ___
Program policies and standards, including those that govern ESHA, public views, public access, and coastal hazards.
4.25.020 Single-Unit Dwellings Design Standards
A. Purpose. The purpose of this Section is to provide standards for the design and development of detached, stand-alone, single residential units to maintain highquality site planning and building design regarding:
1. The massing and architectural treatment of buildings to promote and enhance the community’s appearance as viewed from the public realm;
2. The design and placement of driveways and garages/carports to minimize their interference with pedestrian circulation and visual prominence relative to the residence and other on-site structures; and
3. The placement of buildings, parking facilities, amenities, and related property improvements in a manner that creates functional indoor and outdoor space for occupants; provides access to light and air; and provides a degree of privacy.
B. Applicability. The standards in this Section shall apply to all single-unit detached dwellings in all residential zones, but does not apply to multiple detached dwellings allowed pursuant to Section 4.25.030.
C. Site Planning.
1. The provisions in Section 2.20.040 for Residential Zones shall apply regarding height, setback, and lot requirements.
2. Driveways. On an interior lot, only one driveway shall be allowed except as permitted by Section 3.50.100 (Parking Design and Driveway Standards).
D. Building Design.
1. Massing. The square footage of any story of a dwelling above the first story shall have a maximum floor area that is no more than 80 percent of the floor area of the first story.
a. First floor calculation shall include all interior living areas, including interior and exterior staircases, attached garages, and covered porches connected to the first floor.
b. The floor area of upper stories is inclusive of all interior living area with walls; all staircases; porches, decks, and balconies that are covered by a roof structure; and all cantilevered structures that extend beyond the first-floor footprint that do not extend to the ground, including but not limited to living area, roof decks, bay windows, chimneys, and staircases; as well as any mezzanines, lofts, or other partial floor areas. Maximum cantilevered area shall not exceed three feet.
0 4-50 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and _____ Figure 4.1 – Example Configurations for Second Story at 80%
2. Façade Articulation.
a. Front and Street Side Articulation.
(1) Wall Plane Variation.
i. For any front or street side building façade longer than 25 feet in length, blank walls shall not exceed 25 feet. Wall plane variation of at least two feet in depth and five feet in length shall be provided for relief for every 25 feet of building facade. ii. In lieu of a wall plane variation, pop-out elements such as bay windows and porches may be provided to achieve the same effect. Bay windows shall extend a minimum of one foot from the building facade. Porches shall extend a minimum of five feet from the building façade.
0 City of Grover Beach Development Code 4-51
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and ___
Figure 4.2 – Examples of Configurations Meeting the Wall Plane Variation Requirement (2) Building Materials. A minimum of two exterior building materials, or a different application of the same material, shall be used on the front and street side facades. Glass for windows shall not be considered one of the two materials.
b. Side and Rear Articulation. On side and rear facades on second story or above, blank and/or flat walls shall be prohibited, and one or more forms of the following shall be provided every 15 feet:
(1) Windows;
0 4-52 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and _____ (2) Change in plane (two feet minimum and five foot maximum); (3) Use of more than one surfacing material (with the secondary material covering at least 25 percent of the façade);
(4) Balconies;
(5) Shutters; or
(6) Similar elements that achieve the same effect.
3. Materials. Prohibited materials include vinyl and aluminum siding, T-111 plywood, and exterior insulation finishing system (EIFS).
4. Building Orientation and Primary Entrances.
a. Primary entrance orientation. The primary entrance shall be oriented toward the abutting street, with the primary entrance directly accessible from an adjacent sidewalk. Where no sidewalk exists, the connection shall be to the abutting public street. On corner lots, the primary entrance can be oriented toward either street. In no case shall such access be solely from a private driveway unless garage face is perpendicular to the street or on a flag lot.
b. Entryways shall consist of:
(1) A front porch with a minimum depth of five feet, as measured from the building façade to the posts, and a minimum length of eight feet; or
(2) A recess or stoop measuring at least four feet by four feet which is well defined by a gabled entry, distinct change in roof line or columns, or has some other significant architectural distinction. 0 City of Grover Beach Development Code 4-53
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and ___
Figure 4.3 – Single-Unit Entryway Examples
5. Roofs.
a. All roofs shall have eaves and decorative parapets or other modern roof structures and lines with exception of roof types under subsection b and c. b. Roof styles shall be consistent with the specific building architectural style used.
c. Flat roofs are prohibited unless the roof is specifically designed to accommodate a rooftop deck.
d. Changing roof heights, roof slope angles, and dormers shall be used to create variation in the roofline.
e. Corrugated metal, galvanized metal, or similar sheets and panels are prohibited for use in single unit roof structures.
E. Privacy Considerations. On any story above the first story, where a new interior residential space will have an uninterrupted line of sight to windows of a primary interior space at the same floor level within 20 feet, the glazing of the new building shall be offset horizontally from the existing glazing by a minimum of 12 inches. As an alternative, opaque or clerestory windows shall be used, or windows shall be located at least five feet above the finished floor, as measured from the bottom of the window/windowsill.
0 4-54 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and _____ Figure 4.4 – Privacy Considerations for Single-Unit Dwellings F. Parking and Vehicle Access. Parking and vehicle access shall comply with Development Code Section 3.50 (Parking).
G. Landscaping. Landscaping shall be provided in compliance with Section 3.30 (Landscaping Standards).
H. Fences, Walls, and Screening. Fencing, walls, and screening shall be provided in compliance with Section 3.10.020 (Fences and Walls) and Section 3.10.065 (Screening).
I. Trash Enclosures. For single-unit dwellings, individual trash cans shall be used for each dwelling and stored in the garage or in a screened side or rear yard.
J. Alternative Compliance. Design standards for single-unit dwellings are not intended to limit creative solutions. Requests for alternative compliance through the 0 City of Grover Beach Development Code 4-55
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and ___
Modification to Standards (Section 6.20.072) process may be accepted for any application to which these standards apply.
4.25.030 Multi-Unit Detached Dwellings/Cluster Development Design Standards
A. Purpose.
1. The objective design standards established in this Section are intended to:
a. Maintain high-quality site planning and building design for areas where new multi-unit detached dwellings/cluster development is proposed; b. Promote and enhance the community’s appearance as viewed from the public realm;
c. Design appropriate fencing, wall, and screening features to enhance the appearance of neighborhoods for residents of multi-unit detached dwellings and pedestrians; and
d. Facilitate development, reduce barriers, and accelerate housing production through the clear communication of design objectives and an efficient review process for multiple detached dwellings/cluster development.
B. Applicability. This Section provides standards for the design of multi-unit detached dwellings (also referred to as cluster/common area developments), where allowed by Chapter 2 (Zones and Allowable Land Uses).
C. Site Planning. The provisions of Section 2.20.040 shall apply regarding height, setback, and lot requirements. Lot and setback requirements pertain to the overall project/site, and not to any individual small lots created as part of a cluster development. No minimum setbacks are required for individual lots created within the cluster development, except for where any such lot abuts an adjacent lot not part of the same development, in which case the setback requirements of the zone shall apply.
D. Building Design.
1. Massing. The square footage of any story of a dwelling above the first story shall have a maximum floor area that is no more than 80 percent of the floor area of the first story.
a. First floor calculation shall include all interior living areas, including interior and exterior staircases, attached garages/carports, and covered porches connected to the first floor.
b. The floor area of upper stories is inclusive of all interior living area with walls; all staircases; porches, decks, and balconies that are covered by a roof structure; and all cantilevered structures that extend beyond the first floor footprint that do not extend to the ground, including but not limited to living 0 4-56 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and _____ area, roof decks, bay windows, and chimneys; as well as any mezzanines, lofts, or other partial floor areas.
Figure 4.5 – Example Configurations for Second Story at 80%
2. Façade Articulation. No street-facing wall shall run in a continuous plane of more than 15 feet without a window or a front entry feature compliant with Subsection 4a below.
3. Building Materials.
a. A minimum of two exterior building materials, or a different application of the same material, shall be used on the front and street side facades. Glass for windows shall not be considered one of the two materials. b. Prohibited materials include vinyl and aluminum siding, T-111 plywood, and exterior insulation finishing system (EIFS).
4. Building Orientation and Primary Entrances.
a. Buildings with street-facing frontages shall have front entry features oriented to the street, framing and facing the public realm. Direct pedestrian access shall be provided between the public sidewalk and the primary building entry.
Entryways shall consist of:
i. A front porch with a minimum depth of five feet, as measured from the building façade to the posts, and a minimum length of eight feet; or ii. A recess or stoop measuring at least four feet by four feet which is well defined by a gabled entry, distinct change in roof line or columns, or has some other significant architectural distinction.
0 City of Grover Beach Development Code 4-57
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and ___
Figure 4.6 – Multi-Unit Detached Entryway Examples
b. Buildings that are not adjacent to the street shall have front entries that are oriented toward the common driveway or other common areas, such as paseos, courtyards, common walkways, and useable open space.
5. Roofs.
a. All roofs shall have eaves and decorative parapets or other modern roof structures and lines with exception of roof types under subsection b and c. b. Roof styles shall be consistent with the specific building architectural style used.
c. Flat roofs are prohibited unless the roof is specifically designed to accommodate a rooftop deck.
d. Changing roof heights, roof slope angles, and dormers shall be used to create variation in the roofline.
e. Corrugated metal, galvanized metal, or similar sheets and panels are prohibited for roof structures.
6. Laundry Facilities. Each dwelling shall have a laundry area to accommodate a washer and dryer. Common laundry facilities are prohibited. 0 4-58 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and _____ E. Privacy Considerations. On any story above the first story, where a new or existing primary interior residential space has an uninterrupted line of sight to windows of a primary interior space at the same floor level within 20 feet, the glazing of the new building shall be offset horizontally from the existing glazing by a minimum of 12 inches. As an alternative, opaque or clerestory windows shall be used, or windows shall be located at least five feet above the finished floor, as measured from the bottom of the window/windowsill.
Figure 4.7 – Privacy Considerations for Multi-Unit Detached Dwellings F. Open Space. Open space for residential units shall be provided in compliance with Section 3.10.045 (Open Space for Residential Uses) for multi-unit dwellings. 0 City of Grover Beach Development Code 4-59
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and ___
G. Common Areas and Shared Maintenance Requirements. The following are requirements for common areas for all multi-unit detached housing developments for maintenance and enforcement purposes
1. All common driveways shall be marked as fire lanes.
2. In the drive aisle, decorative materials such as pavers or scored or colored concrete shall be required from the back of sidewalk for a minimum of five feet in depth.
3. The Covenants, Conditions, and Restrictions or other governing documents for the development shall include provisions establishing the responsibility of shared maintenance by the applicable homeowners association or similar entity.
H. Parking and Vehicle Access.
1. Parking and vehicle access shall comply with Development Code Section 3.50 (Parking).
2. Street-Facing Garages and Carports.
a. When multiple garage doors/carports are located within one building, the maximum number of garage doors/carports adjacent to one another shall be limited to three unless there is a break in the building façade between garage doors. The break shall contain a major architectural or landscape feature, such as a building entrance or landscaped area measuring at least six feet wide. b. Detached Garages. Perimeter garages that face and are visible from a public right-of-way or private property shall be designed to avoid long blank walls through use of at least one of the following options:
i. Detailing around doors with trim widths at least four inches in width; ii. Mix of at least two materials; or
iii. Windows or other fenestration.
3. Driveway Curb Cuts. Curb cuts shall not exceed one curb cut for every 50 feet of street frontage.
I. Landscaping. Landscaping shall be provided in compliance with Section 3.30 (Landscaping Standards).
J. Fences, Walls, and Screening. Fencing, walls, and screening shall be provided in compliance with Section 3.10.020 (Fences and Walls) and Section 3.10.065 (Screening).
K. Trash Enclosures. For development projects of four units or fewer, individual trash cans may be used for each dwelling and shall be stored in the garage or in a screened side or rear yard. For development projects of five units or more, a common trash enclosure is required in compliance with Section 3.10.075 (Trash Enclosures).
L. Alternative Compliance. Design standards for multi-unit detached developments are not intended to limit creative solutions. Requests for alternative compliance 0 4-60 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and _____ through the Modification to Standards (Section 6.20.072) process may be accepted for any application to which these standards apply.
4.25.040 Multi-Unit Attached Dwellings (Small/2-9 Units) and Mixed-Use Developments (2-9 units) Design Standards
A. Purpose.
1. The objective design standards established in this Section are intended to:
a. Maintain high-quality site planning and building design for areas where new small-scale multi-unit attached residential and mixed-use developments are proposed;
b. Promote and enhance a high quality of life for residents, new business activity, and the community’s appearance as viewed from the public realm, including:
i. Building form that gives prominence to the pedestrian realm, provides convenient access to buildings and active uses from the street, and creates visually interesting and human-scaled facades. Placement and orientation of doorways, windows, and landscape elements are important features that help create strong, direct relationships between the building frontage/sidewalks and the street.
ii. Open space requirements that provide for a variety of functional, welldesigned open spaces, located and planned to enhance the quality of life for residents, businesses, and visitors.
iii. A pedestrian network that offers clear circulation paths, as well as parking that is visibly screened from the public right-of-way, creating a friendly, inviting environment.
a. Design appropriate fencing, wall, and screening features to enhance the appearance of neighborhoods and commercial corridors for residents of attached multi-unit dwellings and pedestrians and minimize the appearance of mechanical and trash areas from the public realm, with screening that is architecturally and aesthetically compatible with buildings on site. c. Facilitate development, reduce barriers, and accelerate housing production through the clear communication of design objectives and an efficient review process for small-scale multi-unit attached residential and mixed-use development.
B. Applicability. This Section establishes standards for the design of small-scale multiunit attached residential and mixed-use projects (2-9 units), where allowed by Chapter 2 (Zones and Allowable Land Uses).
C. Allowed uses.
0 City of Grover Beach Development Code 4-61
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and ___
1. Combined Uses. A mixed-use project may combine residential uses with any other uses allowed in the applicable zone where allowed by Chapter 2 (Zones and Allowable Land Uses). The residential component of mixed-use development is allowed at ground level behind street-fronting non-residential uses (horizontal mixed-use) and on upper stories as specified by this Section.
2. Ground Floor Residential.
a. On properties fronting West Grand Avenue (except for those in the CBO zone), residential units shall not occupy ground-floor street frontage except for a corner lot where units may face the secondary street. On all other properties, residential units on the ground floor shall be allowed; however, the ground floor street frontage space within a mixed-use building shall be reserved for commercial uses, except for a lobby or other feature providing direct access to the residential units.
b. In the CIC zone, residential units shall not occupy ground-floor street frontage.
D. Site Planning. Section 2.20.040 for Residential Zones, Section 2.30.040 for Commercial Zones, and Section 2.40.040 for Industrial Zones establish the requirements for height, setback, and lot requirements.
E. Building Design.
1. Menu of Façade Articulation Options. Buildings that are three stories in height or taller or more than 100 feet in length (in street-facing frontage) shall incorporate one or more of the following from each menu item a through c. a. Façade articulation.
i. Patterns of recessed features and/or extrusion (four inches minimum) (e.g., window trim, building panels, eaves, overhangs, awnings (not over doorways or as an entry feature), habitable projections, etc.).
Figure 4.8 – Patterns of Recessed Features and/or Extrusions Patterns of
recess/extrusion
(4 inches minimum)
0 4-62 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and _____ ii. Patterns in window size, proportions, pattern, and depth or projection.
Figure 4.9 – Window Patterns
iii. Continuous architectural features, such as parapets or cornices, that run the length of the building and are:
a) Minimum four inches in height, or;
b) Minimum two inches in depth.
Figure 4.10 – Continuous Architectural Features
b. Variation in façade materials:
i. Material
ii. Texture/pattern
Pattern 1
Pattern 2
Pattern 3
Horizontal architectural
features (parapets and
cornices)
0 City of Grover Beach Development Code 4-63
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and ___
iii. Color
Figure 4.11 – Change in Materials
c. Variety in Height and Roof Forms. Rooflines shall be vertically articulated at a maximum of 50-foot intervals along the primary street frontage through one of the following techniques:
i. A change in height of a minimum four feet;
ii. A change in roof pitch, plane, or form; or
iii. The inclusion of dormers, gables, parapets, varying cornices, and/or clerestory windows.
2. Entrances.
a. Primary Pedestrian Entrance. For all residential and nonresidential uses, at least one primary entrance to a ground-floor use shall face the primary street right-of-way. Individual residential entries may face a secondary/side street or be accessed through the interior of the building. On corner parcels, the primary entrance may face the street corner of the primary street and a secondary street.
Figure 4.12 – Building Entries for Small Attached Multi-Unit and Mixed-Use Variation 1
Variation 2
Variation 3
0 4-64 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and _____ b. Entrances for Mixed-Use Developments. Separate entrances shall be provided for the nonresidential and residential portions of a mixed-use building. c. Nonresidential Entrances
i. Building entrances shall incorporate at least one of the following entry features: (a) Shopfront; (b) Gallery, minimum width of 10 feet; (c) Forecourt; or (d) Commercial Terrace
0 City of Grover Beach Development Code 4-65
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and ___
Figure 4.13 – Nonresidential Entrances
0 4-66 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and _____ b. Residential Entrances. New residential buildings shall provide transitional spaces between public areas fronting the primary street and entrances. This type of element or equivalent shall be required for each unit or group of units; but no less than one of this type of element shall be provided. Building entrances shall incorporate at least one of the following transitional space entry features:
i. Stoop (at least four feet by four feet and no higher than five feet in height); ii. Porch (at least six feet by eight feet for common entries and at least five feet by eight feet for individual entries); or
iii. Overhang (if building has a shared lobby) with a recessed depth of at least three feet.
Figure 4.14 – Residential Entrances
3. Minimum Ground Floor Height. The minimum interior floor-to-ceiling height of nonresidential ground floor spaces shall be at least 15 feet for nonresidential spaces with building frontage on West Grand Avenue and 12 feet for nonresidential spaces with building frontage on other streets. The minimum height 0 City of Grover Beach Development Code 4-67
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and ___
of residential and live/work ground-floor floor-to-ceiling spaces shall be 10 feet.
This height shall be measured from the floor of the first story to the floor of the second story. If there is no second story, the height shall be measured to the top of roof.
4. Building Transparency/Windows and Openings Facing Streets. Street-facing facades of all buildings shall incorporate windows and openings providing light to adjacent spaces, rooms, and uses.
a. Nonresidential Ground-Floor Uses
i. Windows and openings of nonresidential uses on the ground floor facing West Grand Avenue shall constitute a minimum of 60 percent of the streetfacing building face.
Figure 4.15 – Measuring Ground Floor Transparency
ii. Windows and openings of nonresidential uses on the ground floor facing a street other than West Grand Avenue shall constitute a minimum of 40 percent of the street-facing building face.
iii. Windows shall provide a clear and transparent view into ground-floor nonresidential uses or shall display merchandise to reinforce a pedestrian scale.
b. Nonresidential Upper-Floor Uses. Windows and openings of nonresidential uses on upper floors facing streets shall constitute a minimum of 35 percent of street-facing building faces.
c. Residential Ground-Floor Uses. Windows and openings of residential uses on the ground floor facing streets shall constitute a minimum of 25 percent of street-facing building faces.
0 4-68 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and _____ d. Residential Upper-Floor Uses. Windows and openings of residential uses on upper floors facing streets shall constitute a minimum of 20 percent of streetfacing building faces.
5. Building Orientation. All structures adjacent to primary streets shall orient toward the public right-of-way, framing and facing the public realm. Direct pedestrian access shall be provided between the public sidewalk and the primary building entry.
6. Blank Walls.
a. No ground floor unarticulated or blank walls adjacent to streets shall run in a continuous plane of more than 15 feet without incorporating at least one of the following design features:
i. An opening with transparent glazing and provide views into work areas, display areas, sales areas, lobbies, or similar active spaces, or into window displays that are at least three feet deep;
ii. Raised planter;
iii. Public art;
iv. Outdoor dining or temporary display space; or
v. Change in material or different application of same material. b. No upper-story street-facing wall shall run in a continuous plane of more than 20 feet without a window, or balcony, or without a projection, offset, or recess of the building wall at least 18 inches in depth.
7. Materials. Prohibited materials include vinyl and aluminum siding, T-111 plywood, and exterior insulation finishing system (EIFS).
8. Gateway Intersections/Corner Treatments. Buildings located on parcels that front any portion of the major intersections of West Grand Avenue and Highway 1, West Grand Avenue and Fourth Street, and West Grand and Oak Park Boulevard shall incorporate at least one of the options provided in items (a) through (d) of this subsection to reinforce and highlight these gateways. a. Building setback six feet from back of sidewalk to allow for outdoor dining; b. Corner entrances;
c. An open space with a minimum dimension of 20 feet and minimum area of 500 square feet to include one of the following:
i. A publicly accessible open space/plaza and/or
ii. A space used for outdoor seating for public dining
d. Windows and openings constituting a minimum of 80 percent of the streetfacing building face for a length of 15 feet along both street frontages.
F. Privacy Considerations. On any story above the first story, where a new or existing primary interior residential space has an uninterrupted line of sight to windows of a 0 City of Grover Beach Development Code 4-69
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and ___
primary interior space at the same floor level within 20 feet, the glazing of the new building shall be offset horizontally from the existing glazing by a minimum of 12 inches. As an alternative, opaque or clerestory windows shall be used, or windows shall be located at least five feet above the finished floor, as measured from the bottom of the window/windowsill.
Figure 4.16 – Privacy Considerations
G. Open Space.
1. Open space for residential units shall be provided in compliance with Section
3.10.045 (Open Space).
2. Roof Decks. Roof decks are permitted and may be reserved for nonresidential and/or residential uses, in compliance with Section 3.10.080 (Upper Story/Rooftop Decks and Open Space).
0 4-70 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and _____ H. Parking and Vehicle Access.
1. Parking and vehicle access shall comply with Development Code Section 3.50 (Parking).
2. Vehicle access shall be located on alleys and side streets where available.
3. Except for driveway access, off-street parking, off-street vehicle loading, and vehicular circulation areas are prohibited between the building and the primary building frontage.
4. In the drive aisle, decorative materials such as pavers or scored or colored concrete shall be required from the back of sidewalk for a minimum of five feet in depth.
5. Street-Facing Garages/Carports.
a. When multiple garage doors/carports are located within one building and visible from the public right-of-way, the maximum number of garage doors/carports adjacent to one another shall be limited to three unless there is a break in the building façade between garage doors. The break shall contain a major architectural feature or design treatment, such as a building entrance or landscaped area measuring at least six feet wide.
b. Garages. Perimeter garages that face and are visible from a public right-ofway or private property shall be designed to avoid long blank walls through use of at least one of the following options:
i. Detailing around garage doors that is similar or complementary to detailing on the primary structure, with trim widths at least four inches in width;
ii. Mix of at least two additional materials; or
iii. Windows or other fenestration.
6. Driveway Curb Cuts. Curb cuts shall not exceed one curb cut for every 50 feet of street frontage.
I. Pedestrian Access and Circulation.
1. Required Pedestrian Connections. An internal system of pedestrian walkways shall be designed to provide direct access connections to and between the following:
a. Entrances to each primary structure;
b. Off-street parking areas or parking structures;
c. All site amenities or public gathering spaces; and
d. The public sidewalk system along the perimeter streets abutting the development.
0 City of Grover Beach Development Code 4-71
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and ___
2. Minimum Walkway Width. Internal walkways shall be a minimum of six feet wide where located adjacent to any common open space areas. Internal walkways elsewhere on the property shall be a minimum of four feet wide.
3. Walkways through Vehicle Areas. At each point that the on-site pedestrian walkway system crosses a parking lot, internal street, or driveway, the walkway or crosswalk shall be clearly marked by a change in paving materials distinguished by color, texture, or height.
J. Landscaping. Landscaping shall be provided in compliance with Section 3.30 (Landscaping Standards).
K. Fences, Walls, and Screening. Fencing, walls, and screening shall be provided in compliance with Section 3.10.020 (Fences and Walls) and Section 3.10.065 (Screening).
L. Trash Enclosures. For development projects of four units or fewer, individual trash cans may be used for each dwelling and shall be stored in the garage or in a screened side or rear yard. For development projects of five units or more, a common trash enclosure is required in compliance with Section 3.10.075 (Trash Enclosures).
M. Alternative Compliance. Design standards for multi-unit attached developments (small/2-9 units) and mixed-use developments are not intended to limit creative solutions. Requests for alternative compliance through the Modification to Standards (Section 6.20.072) process may be accepted for any application to which these standards apply.
4.25.050 Multi-Unit Attached Dwellings (Large/10+ Units) and Mixed-Use Developments with 10+ Units Design Standards
A. Purpose.
1. The objective design standards established in this Section are intended to:
a. Maintain high-quality site planning and building design for areas where new multi-unit attached residential and mixed-use projects with ten or more units are proposed.
b. Promote and enhance a high quality of life for residents, new business activity, and the community’s appearance as viewed from the public realm, including:
i. Building form that gives prominence to the pedestrian realm, provides convenient access to buildings and active uses from the street, and creates visually interesting and human-scaled facades. Placement and orientation of doorways, windows, and landscape elements are important features that help create strong, direct relationships between the building frontage/sidewalks and the street.
0 4-72 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and _____ ii. Open space requirements that provide for a variety of functional, welldesigned open spaces, located and planned to enhance the quality of life for residents, businesses, and visitors.
iii. A pedestrian network that offers clear circulation paths, as well as parking that is visibly screened from the public right-of-way, creating a friendly, inviting environment.
c. Design appropriate fencing, wall, and screening features to enhance the appearance of neighborhoods and commercial corridors for residents of attached multi-unit developments and pedestrians and minimize the appearance of mechanical and trash areas from the public realm, with screening that is architecturally and aesthetically compatible with buildings on site.
d. Facilitate development, reduce barriers, and accelerate housing production through the clear communication of design objectives and an efficient review process for multi-unit, attached, infill housing and mixed-use development.
B. Applicability. This Section provides standards for the design of multi-unit attached residential and mixed-use projects with 10 or more units, where allowed by Chapter 2 (Zones and Allowable Land Uses).
C. Allowed uses.
1. Combined Uses. A mixed-use project may combine residential uses with any other uses allowed in the applicable zone where allowed by Chapter 2 (Zones and Allowable Land Uses). The residential component of mixed-use development is allowed at ground level behind street-fronting non-residential uses (horizontal mixed-use) and on upper stories as specified by this Section.
2. Ground Floor Residential.
a. On properties fronting West Grand Avenue (except for those in the CBO zone), residential units shall not occupy ground-floor street frontage except for a corner lot where units may face the secondary street. On all other properties, residential units on the ground floor shall be allowed; however, the ground floor street frontage space within a mixed-use building shall be reserved for commercial uses, except for a lobby or other feature providing direct access to the residential units.
b. In the CIC zone, residential units shall not occupy ground-floor street frontage.
D. Site Planning. Section 2.20.040 for Residential Zones, Section 2.30.040 for Commercial Zones, and Section 2.40.040 for Industrial Zones establish requirements for height, setback, and lot requirements.
E. Building Form and Design.
1. Menu of Massing Options. Buildings that are three stories in height or taller shall incorporate one or more of the following menu items (a to c) to minimize the appearance of massing:
0 City of Grover Beach Development Code 4-73
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and ___
a. Upper-floor step back. The street facing façade(s) of all stories above the third floor shall have a horizontal step back of five feet.
Figure 4.17 – Upper-Floor Step Back
b. Setbacks. A minimum of 20 percent of the street facing façade shall be set back a minimum of two feet (maximum of five feet).
Figure 4.18 – Setbacks
c. Cut outs. The street facing façade(s) shall be setback a minimum of two feet, for a width of five feet, for at least every 50 feet of the building façade. 0 4-74 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and _____ Figure 4.19 – Cut Outs
2. Menu of Façade Articulation Options. Buildings that are three stories in height or taller or more than 100 feet in length (in street-facing frontage) shall incorporate one or more of the following from each menu item a through c. a. Façade articulation.
i. Patterns of regressed features and/or extrusion (four inches minimum) (e.g., window trim, building panels, eaves, overhangs, awnings (not over doorways or as an entry feature), habitable projections, etc.).
Figure 4.20 – Patterns of Regressed Features and/or Extrusions ii. Patterns in window size, proportions, pattern, and depth or projection.
Patterns of
recess/extrusion
(4 inches minimum)
0 City of Grover Beach Development Code 4-75
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and ___
Figure 4.21 – Window Patterns
iii. Continuous architectural features, such as parapets or cornices, that run the length of the building and are:
a) Minimum four inches in height, or;
b) Minimum two inches in depth.
Figure 4.22 – Continuous Architectural Features
Pattern 1
Pattern 2
Continuous
architectural
features
0 4-76 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and _____ b. Variation in façade materials:
i. Material
ii. Texture/pattern
iii. Color
Figure 4.23 – Change in Materials
c. Variety in Height and Roof Forms. Rooflines shall be vertically articulated at a maximum of 50-foot intervals along the primary street frontage through one of the following techniques:
i. A change in height of a minimum four feet;
ii. A change in roof pitch, plane, or form; or
iii. The inclusion of dormers, gables, parapets, varying cornices, and/or clerestory windows.
3. Entrances.
a. Primary Pedestrian Entrance. For all residential and nonresidential uses, at least one primary entrance to a ground-floor use shall face the primary street right-of-way. Individual residential entries may face a secondary/side street or be accessed through the interior of the building. On corner parcels, the primary entrance may face the street corner of the primary street and a secondary street.
Variation 1
Variation 2
Variation 3
0 City of Grover Beach Development Code 4-77
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and ___
Figure 4.24 – Building Entries for Large Attached Multi-Unit and Mixed-Use b. Entrances for Mixed-Use Developments. Separate entrances shall be provided for the nonresidential and residential portions of a mixed-use building. c. Nonresidential Entrances
i. Building entrances shall incorporate at least one of the following entry features:
a) Shopfront;
b) Gallery, minimum width of 10 feet;
c) Forecourt; or
d) Commercial Terrace
0 4-78 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and _____ Figure 4.25 – Nonresidential Entrances for Large Attached Multi-Unit and Mixed-Use 0 City of Grover Beach Development Code 4-79
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and ___
d. Residential Entrances. New residential buildings shall provide transitional spaces between public areas fronting the primary street and entrances. This type of element or equivalent shall be required for each unit or group of units; but no less than one of this type of element shall be provided. Building entrances shall incorporate at least one of the following transitional space entry features:
i. Stoop (at least four feet by four feet and no higher than five feet in height); ii. Porch (at least six feet by eight feet for common entries and at least five feet by eight feet for individual entries); or
iii. Overhang (if building has a shared lobby) with a recessed depth of at least three feet.
Figure 4.26 – Residential Entrances for Large Attached Multi-Unit and Mixed-Use
4. Minimum Ground Floor Height. The minimum interior floor-to-ceiling height of nonresidential ground floor spaces shall be at least 15 feet for nonresidential spaces with building frontage on West Grand Avenue and 12 feet for 0 4-80 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and _____ nonresidential spaces with building frontage on other streets. The minimum height of residential and live/work ground-floor floor-to-ceiling spaces shall be 10 feet.
This height shall be measured from the floor of the first story to the floor of the second story. If there is no second story, the height shall be measured to the top of roof.
5. Building Transparency/Windows and Openings Facing Streets. Street-facing facades of all buildings shall incorporate windows and openings providing light to adjacent spaces, rooms, and uses.
a. Nonresidential Ground-Floor Uses
i. Windows and openings of nonresidential uses on the ground floor facing West Grand Avenue shall constitute a minimum of 60 percent of the streetfacing building face.
Figure 4.27 – Measuring Ground Floor Transparency
ii. Windows and openings of nonresidential uses on the ground floor facing a street other than West Grand Avenue shall constitute a minimum of 40 percent of the street-facing building face.
iii. Windows shall provide a clear and transparent view into ground-floor nonresidential uses or shall display merchandise to reinforce a pedestrian scale.
0 City of Grover Beach Development Code 4-81
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and ___
b. Nonresidential Upper-Floor Uses. Windows and openings of nonresidential uses on upper floors facing streets shall constitute a minimum of 35 percent of street-facing building faces.
c. Residential Ground-Floor Uses. Windows and openings of residential uses on the ground floor facing streets shall constitute a minimum of 25 percent of street-facing building faces.
d. Residential Upper-Floor Uses. Windows and openings of residential uses on upper floors facing streets shall constitute a minimum of 20 percent of streetfacing building faces.
6. Building Orientation. All structures adjacent to primary streets shall orient toward the public right-of-way, framing and facing the public realm. Direct pedestrian access shall be provided between the public sidewalk and the primary building entry.
7. Blank Walls.
a. No ground floor unarticulated or blank walls adjacent to streets shall run in a continuous plane of more than 15 feet without incorporating at least one of the following design features:
i. An opening with transparent glazing and provide views into work areas, display areas, sales areas, lobbies, or similar active spaces, or into window displays that are at least three feet deep;
ii. Raised planter;
iii. Public art;
iv. Outdoor dining or temporary display space; or
v. Change in material or different application of same material. b. No upper-story street-facing wall shall run in a continuous plane of more than 20 feet without a window, or balcony, or without a projection, offset, or recess of the building wall at least 18 inches in depth.
8. Materials. Prohibited materials include vinyl and aluminum siding, T-111 plywood, and exterior insulation finishing system (EIFS).
9. Gateway Intersections/Corner Treatments. Buildings located on parcels that front any portion of the major intersections of West Grand Avenue and Highway 1, West Grand Avenue and Fourth Street, and West Grand and Oak Park Boulevard shall incorporate at least one of the options provided in items (a) through (d) of this subsection to reinforce and highlight these gateways. a. Building setback six feet from back of sidewalk to allow for outdoor dining; b. Corner entrances;
c. An open space with a minimum dimension of 20 feet and minimum area of 500 square feet to include one of the following:
0 4-82 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and _____ iii. A publicly accessible open space/plaza and/or
iv. A space used for outdoor seating for public dining
d. Windows and openings constituting a minimum of 80 percent of the streetfacing building face for a length of 15 feet along both street frontages.
F. Privacy Considerations. On any story above the first story, where a new or existing primary interior residential space has an uninterrupted line of sight to windows of a primary interior space at the same floor level within 20 feet, the glazing of the new building shall be offset horizontally from the existing glazing by a minimum of 12 inches. As an alternative, opaque or clerestory windows shall be used, or windows shall be located at least five feet above the finished floor, as measured from the bottom of the window/windowsill.
Figure 4.28 – Privacy Considerations
0 City of Grover Beach Development Code 4-83
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and ___
G. Open Space.
1. Open Space Requirements. Open space for residential units shall be provided in compliance with Section 3.10.045 (Open Space).
2. Public and Quasi-Public Open Space.
a. Required open space in a mixed-use project may be designed to be accessible to the public in addition to residents of a mixed-use development. Where public open space is used to fulfill the minimum open space requirement, each one square foot of public open space shall count as two square feet towards the minimum open space requirement.
b. The minimum horizontal dimension of any public or quasi-public open space area shall be 15 feet.
c. Public and quasi-public open space shall be accessible and visible from the public right-of-way. Public and quasi-public open space shall be located in front of buildings and shall not be located where views of the quasi-public space from the public right-of-way would be obstructed by buildings or other structures.
3. Roof Decks. Roof decks are permitted and may be reserved for nonresidential and/or residential uses, in compliance with Section 3.10.080 (Upper Story/Rooftop Decks and Open Space).
H. Parking and Vehicle Access.
1. Parking and vehicle access shall comply with Development Code Section 3.50 (Parking).
2. Vehicle access shall be located on alleys and side streets where available.
3. Except for driveway access, off-street parking, off-street vehicle loading, and vehicular circulation areas are prohibited between the building and the primary building frontage.
4. In the drive aisle, decorative materials such as pavers or scored or colored concrete shall be required from the back of sidewalk for a minimum of five feet in depth.
5. Street-Facing Garages/Carports.
a. When multiple garage doors/carports are located within one building and visible from the public right-of-way, the maximum number of garage doors/carports adjacent to one another shall be limited to three unless there is a break in the building façade between garage doors. The break shall contain a major architectural feature or design treatment, such as a building entrance or landscaped area measuring at least six feet wide.
b. Garages. Perimeter garages that face and are visible from a public right-ofway or private property shall be designed to avoid long blank walls through use of at least one of the following options:
0 4-84 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and _____ i. Detailing around garage doors that is similar or complementary to detailing on the primary structure, with trim widths at least four inches in width;
ii. Mix of at least two additional materials; or
iii. Windows or other fenestration.
I. Pedestrian Access and Circulation.
1. Required Pedestrian Connections. An internal system of pedestrian walkways shall be designed to provide direct access connections to and between the following:
a. Entrances to each primary structure;
b. Off-street parking areas or parking structures;
c. All site amenities or public gathering spaces; and
d. The public sidewalk system along the perimeter streets abutting the development.
2. Minimum Walkway Width. Internal walkways shall be a minimum of six feet wide where located adjacent to any common open space areas. Internal walkways elsewhere on the property shall be a minimum of four feet wide.
3. Walkways through Vehicle Areas. At each point that the on-site pedestrian walkway system crosses a parking lot, internal street, or driveway, the walkway or crosswalk shall be clearly marked by a change in paving materials distinguished by color, texture, or height.
J. Landscaping. Landscaping shall be provided in compliance with Section 3.30 (Landscaping Standards).
K. Fences, Walls, and Screening. Fencing, walls, and screening shall be provided in compliance with Section 3.10.020 (Fences and Walls) and Section 3.10.065 (Screening).
L. Trash Enclosures. Trash enclosures shall comply with Section 3.10.075 (Trash Enclosures).
M. Alternative Compliance. Design standards for mixed-use and multi-unit attached developments (large/10+ units) are not intended to limit creative solutions. Requests for alternative compliance through the Modification to Standards (Section 6.20.072) process may be accepted for any application to which these standards apply.
4.25.060
City of Grover Beach Development Code 4-85
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and ___
4.25.060 Two-Unit Housing Developments in the R1, CR1, and CPR1 Zones A. Purpose and Intent. The purpose of this Section is to implement the provisions of California Government Code Sections 65852.21, and 66411.7 regarding the establishment of more than one residential dwelling unit on properties in zones formerly limiting development to a single primary residential unit, specifically the R1, CR1, and CPR1 zones.
B. Applicability.
1. This Section is applicable to applications for two-unit housing developments and urban lot splits, as regulated by Section 8.160 (Urban Lot Splits). Development applications that do not satisfy the definitions for a two-unit housing development (as defined in Section 9.10.020) shall not be subject to these regulations.
2. For the purposes of this Section, existing structure means a lawfully constructed building that received final building permit clearance and which has not been expanded on or after the effective date of the ordinance establishing these regulations.
3. An urban lot split or a two-unit housing development shall only be created on legal parcels satisfying all the following general requirements:
a. Zoning. A parcel that is located within the R1, CR1, or CPR1 zone. b. Legal Parcel. A parcel that has been legally created in compliance with the Subdivision Map Act (Government Code Section 66410 et seq.) and Grover Beach Municipal Code Article IX Chapter 8 (Subdivision Regulations), as applicable at the time the parcel was created. The City Engineer may require a certificate of compliance to verify conformance with this requirement. c. Excluding Historic Property. A parcel that does not contain a Historic Structure, as defined in Development Code Section 9.10.020.
d. Excluding Very High Fire Hazard Severity Zone. A parcel that is not within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Government Code Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code, or if the site has been excluded from the specified hazard zones by the city, pursuant to subdivision (b) of Section 51179, or has adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.
e. Excluding Hazardous Waste Sites. A parcel that is not identified as a hazardous waste site pursuant to Government Code Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or
4.25.060
4-86 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and _____ Department of Toxic Substances Control has cleared the site for residential use.
f. Excluding Earthquake Fault Zone. A parcel that is not located within a delineated earthquake fault zone as determined by the State Geologist on any official maps published by the State Geologist, unless the two-unit housing development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and Grover Beach Municipal Code Article VIII (Building Regulations).
g. Excluding Flood Zone. A parcel that is not located within a special flood hazard area subject to inundation by the one percent annual chance flood (100-year flood) on the official maps published by the Federal Emergency Management Agency unless a Letter of Map Revision prepared by the Federal Emergency Management Agency has been issued or if the proposed primary dwelling unit(s) is constructed in compliance with Section 5.10 (Flood Hazard Area Use Control).
h. Excluding Natural Habitat. A parcel that is not recognized by the City as a habitat for protected species identified as a candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the Federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10, commencing with Section 1900, of Division 2 of the Fish and Game Code).
4. No urban lot split or a two-unit housing development shall occur on a property meeting any of the following criteria:
a. The lot split or two-unit housing development would alter or demolish existing deed-restricted affordable housing.
b. The lot split or two-unit housing development would alter or demolish rentcontrolled housing. c. The subject parcel(s) have been subject to an Ellis Act eviction within the past 15 years relative to when the application is received, except that new construction can occur on any newly created lot that does not have an Ellisaffected building. d. The lot split would alter or demolish an existing unit on a lot that has been occupied by a tenant within the past three years relative to when the application is received.
e. The project does not involve demolition of more than 25 percent of the existing exterior walls of an existing dwelling.
4.25.060
City of Grover Beach Development Code 4-87
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and ___
f. On a vacant lot unless the property owner, subsequent to completion of construction of units on the lot, immediately occupies and lives in one of the units for a period of at least three consecutive years.
C. Development Standards
1. In addition to other required sections of the Development Code, all two-unit housing developments in the R1, CR1, and CPR1 zones shall comply with the objective development and design standards of this subsection.
2. The standards of Section 3.10.025 (Fractional Density for Multi-Unit Developments) shall not apply.
3. Standards. The following objective development and design standards supersede any other standards to the contrary that may be provided in the Development Code, as they pertain to a two-unit housing development under Section 65852.21 of the Government Code. Two-unit housing developments shall be constructed only in accordance with the following objective standards:
a. Building Height. Maximum building height for a newly constructed unit shall be as specified by the applicable zone for the main structure. Buildings located within the required side or rear setbacks of the applicable zone, but in no case less than four feet from a side or rear property line, shall not exceed 16 feet in height.
b. Driveways. Each parcel shall include a single driveway satisfying the following requirements:
i. A minimum width of 10 feet up to a maximum width of 18 feet; ii. Surfacing shall comply with Section 3.50.100 (Parking Design and Driveway Standards); and
iii. Only a single driveway curb-cut shall be permitted per frontage per parcel, designed in compliance with Section 3.50.100 (Parking Design and Driveway Standards). On corner lots, up to two curb-cuts may be established on a frontage that is 100 feet or wider.
4. Dwelling Unit Type. The dwelling units may take the form of detached single-unit dwelling or an attached unit, which may consist of two dwelling units in a side-byside or front-to-back configuration within the same structure or one dwelling unit located atop of another dwelling unit within the same structure.
5. Fencing. All new fencing shall comply with Section 3.10.020 (Fences and Walls) and Section 3.10.065 (Screening).
6. Floor Area Limitation. Where a second new residential unit is proposed on a lot where a single unit exists, or where two new units are proposed as either attached or detached units, each unit shall be limited in size to 1,200 square feet.
7. Landscaping Requirement. All landscaping shall comply with Section 3.30 (Landscaping Standards).
4.25.060
4-88 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and _____
8. Parking. A minimum of one parking space per dwelling unit shall be required, except no parking is required for two-unit housing developments located on parcels within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code, or there is a car share vehicle located within one block of the parcel.
9. Setbacks. The setback and building separation standards set forth in Table 4.1 (Setback Requirements) shall apply to any new additional unit where a unit currently exists and to new two-unit housing developments. On flag lots, the front lot line, for the purposes of establishing the front setback, shall be defined to be the lot line parallel to the front lot line of the original lot and closest to the front lot line of the original lot (Figure 4.29).
Table 4.1 Setback Requirements
Setback Requirement2
Property Line Setbacks1 Front Refer to Section 2.20.040 Garage/Carport Entry Refer to Section 2.20.040
Interior Sides and Rear 4 feet minimum3
Street Side Refer to Section 2.20.040
Separation Between Detached
Structures As required by the Building
Code
Exceptions:
(1) The standards in Section 3.10.070 (Setback Requirements and Exceptions) shall apply. (2) No setback shall be required for a nonconforming structure consistent with Section 7.40.030 (Nonconforming Structures) or a structure constructed in the same location and to the same dimensions as an existing structure.
(3) No interior side setback shall be required for two-unit housing development units constructed as attached units, provided that the structures meet Building Code standards and are sufficient to allow conveyance as a separate fee parcel.
4.25.060
City of Grover Beach Development Code 4-89
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and ___
Figure 4.29 – Flag Lot Front Lot Line
D. Design Standards. The following objective design standards shall apply to construction of any new second dwelling unit on a lot where a single-unit development exists, to any new two-unit housing development, and to any addition and/or alteration to an existing dwelling unit as part of a two-unit housing development:
1. Low-Density Residential Provisions. The standards of Section 4.25.020 (SingleUnit Dwellings Design Standards) shall apply for single-unit development; Section
4.25.030 (Multi-Unit Detached Dwellings/Cluster Development Design Standards)
4.25.060
4-90 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and _____ shall apply for multiple detached dwellings, and Section 4.25.040 (Multi-Unit Attached Dwellings and Mixed-Use Developments (Small/2-9 Units) Design Standards) shall apply for two attached dwelling units. Where conflicts between these applicable sections and the provisions herein exist, the standards herein shall apply.
2. Balconies/Decks. Balconies shall only be permitted on the front elevation of a primary dwelling unit fronting a public street. Such balconies shall be without any projection into required setbacks.
E. General Requirements and Restrictions. The following requirements and restrictions apply to all two-unit housing developments, inclusive of existing and new primary dwelling units, as applicable:
1. Accessory Dwelling Units. New accessory dwelling units are not allowed on parcels that either include a two-unit housing development or that are created by an urban lot split.
2. Building Code. The City’s Building Code as adopted by Article VIII - Building Regulations of the Grover Beach Municipal Code applies to all two-unit housing developments.
3. Short-Term Rentals. Leases for durations of less than 30 days, including shortterm rentals, are prohibited on all units. The Community Development Director shall require recordation of a deed restriction documenting this requirement prior to issuance of a building permit.
4. Subdivision and Sales. Except for the allowance for an urban lot split provided in Section 8.160 (Urban Lot Splits) , no subdivision of land or air rights shall be allowed in association with a two-unit housing development, including creation of a stock cooperative or similar common interest ownership arrangement. In no instance shall a single dwelling unit be sold or otherwise conveyed separate from another dwelling unit on the same parcel.
5. Determination. To retain adequate open space to allow for recreational enjoyment, preservation of the community character, and to allow for the percolation of rainfall into the groundwater system, when considering an exception request, the Community Development Director shall first determine that a reduction in any other zoning and/or design review standard(s) will not allow the construction of the two-unit housing development as specified by this section prior to allowing an exception(s) to a landscaping requirement, front-yard setback, or street-side setback standards via a Modification to Standards application pursuant to Section 6.20.072 (Modification to Standards).
F. Approval Process. Applications for two-unit housing developments shall be submitted and processed in compliance with the following requirements:
1. Application Type. Two-unit housing developments shall be reviewed ministerially by the Community Development Director for compliance with the applicable regulations through the Zoning Clearance process (Section 6.20.110).
4.25.060
City of Grover Beach Development Code 4-91
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and ___
2. Building Permits. Approval of a Zoning Clearance shall be required prior to acceptance of an application for a building permit(s) for the new and/or modified primary dwelling units comprising the two-unit housing development.
3. Denial. The Building Official may deny a two-unit housing development project only if the Building Official makes a written finding, based upon a preponderance of the evidence, that the two-unit housing development would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
City of Grover Beach Development Code 4-92
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and ___
4.30 Residential Common Area Developments Reserved
Sections:
4.30.010 - Purpose
4.30.020 - Permit Requirements
4.30.030 - Definitions
4.30.040 - Development Standards
4.30.050 - Design Standards
4.30.060 - Conversions
4.30.010 Purpose
This Section provides standards for the design of residential common area developments or Planned Unit Developments (PUDs) where allowed by Chapter 2 (Zones and Allowable Land Uses).
4.30.020 Permit Requirements
A Development Permit shall be approved by the Commission to ensure compliance with this Section.
4.30.030 Definitions
The following definitions shall only apply to Section 4.30 Residential Common Area Developments.
Community Apartment means a project in which an undivided interest in the land is coupled with the right of exclusive occupancy of any apartment located thereon.
Condominium means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property, together with a separate interest in space in a residential building on such real property.
Conversion means a change of legal occupation rights to allow for ownership of dwelling units.
Lot coverage means the amount of lot area covered by structure. Structure meaning the footprint of the building including the garage and any cantilevered living space.
Open space means landscaped areas, open patios, open walkways, lawns and outdoor common recreation areas.
4.30.040
City of Grover Beach Development Code 4-93
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and ___
Organizational documents means covenants, conditions, and restrictions; articles of incorporation; bylaws; and contracts for maintenance, management or operation of all or part of a project, and similar documents.
Planned Unit Development means a residential project approved subject to the developments standards provided in Subsection 4.30.040 in addition to the standards of the applicable zone.
Private usable open space means privately-owned open landscaped areas with a minimum length and width of 10 feet.
Project means the entire parcel of real property divided into units or interests or shares for sale and shall be deemed to include any residential common area development as herein defined.
Residential Common Area Development means any community apartment project, condominium, planned development, or stock cooperative, and any other project consisting of shares of individual ownership, together with areas to be owned or used in common by the unit owners which the City finds to be similar, designed and constructed for residential purposes.
Stock Cooperative means a corporation which is formed or availed of primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation, which right of occupancy is transferable only concurrently with the transfer of the share or shares of stock in the corporation held by the person having such right of occupancy.
4.30.040 Development Standards
A. The following development standards shall apply to each dwelling.
1. Lot coverage shall not exceed 50 percent of the total lot area in the R2 Zone and 60 percent of the total lot area in the R3 Zone.
2. Private yard area shall mean each dwelling shall have attached or contiguous to it, a patio, balcony, or private open area. For all dwelling units, 1,000 square feet or less, the minimum private open space shall be 300 square feet. For all dwelling units in excess of 1,000 square feet, an additional 30 square feet of private open space shall be added to the above minimum for each additional 100 square feet of dwelling or part thereof. The "usability" of the total open space system shall be an overriding concern of this Section in addition to meeting the minimum requirements. Yard easements may be used when in addition to the minimum requirements. They may not be used in order to meet the minimum requirement.
3. The minimum setbacks shall be met for the applicable zone. Additionally, within the project, there shall be a minimum of 10 feet separation between structures for detached projects.
4.30.040
4-94 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and _____
4. All condominium units shall be one bedroom or more, and the minimum gross floor area of units shall be as follows: One bedroom - 700 square feet; two bedroom - 900 square feet; three bedroom - 1,100 square feet; and for each bedroom in excess of three, an additional 200 square feet shall be added to the minimum dwelling size.
5. Each dwelling shall have a laundry area to accommodate a washer and dryer.
Common laundry facilities are prohibited.
6. Each unit shall have a minimum of 200 cubic feet of exterior storage, which shall be weather-proofed and designed to provide reasonable security. Storage within a garage shall be located above the hood line.
7. All garage doors shall be roll-up type and have electric openers.
8. All common driveways shall be marked as fire lanes.
9. All perimeter fences shall be concrete or masonry, or a combination of wood and masonry. Fencing shall be provided along interior property lines and around any private or restricted patio areas in compliance with Section 3.10.020.
10. Individual trash cans shall be used for each dwelling and stored in the garage or in a screened side or rear yard.
B. The organization documents for any project shall include the following:
1. Reasonable provision for access by City personnel for fire and police protection and control purposes;
2. Right of authorized City personnel to enter onto all common areas for purposes of inspection to determine compliance with development permit requirements and City building and fire codes; provided, that such right shall not be deemed to give any right of entry to private living units except as otherwise allowed by law;
3. Continuing jurisdiction of the City to enforce provisions of covenants, conditions and restrictions with respect to compliance with requirements of subdivision approval and conditional Use Permit, landscaping maintenance, safety, architectural control, property maintenance, parking, and drainage maintenance; such enforcement rights to include power of the City on behalf of the homeowners association to levy and collect special assessments for the cost of bringing the project into compliance.
4. Provision for resolution of impasses within homeowners association by arbitration.
5. Reasonable provisions protecting rights of unit owners and association to install and use solar energy facilities in accordance with commonly accepted engineering and design standards.
6. Prohibition against amendment of any portions of organizational documents affecting City jurisdiction, without City approval.
7. Declaration of covenants, conditions and restrictions shall be subject to City approval, which approval shall be indicated on the recorded original thereof.
4.30.050
City of Grover Beach Development Code 4-95
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and ___
4.30.050 Design Standards
A. The following design standards shall apply to each dwelling.
1. The square footage of the second floor of each dwelling shall not be more than 80 percent of the first floor inclusive of the garage.
2. The design of the units shall promote architectural as well as visual relief, thereby reducing the overall structural bulk, especially on the second floor.
3. Consistent with consideration of bulk, scale, and design, the project shall minimize any cantilevering of the second floor over the first floor.
4. The height and scale of each dwelling shall be compatible with the site and existing (or proposed) adjacent buildings.
5. Architectural style is not restricted. Evaluation of the appearance of a project shall be based on the quality of its design and relationship to its surroundings.
6. Materials shall be of durable quality.
7. Monotony of design in single or multiple building projects shall be avoided.
Variation in detail, form, and siting shall be used to provide visual interest. In multiple building projects, variable siting or individual buildings shall be used to prevent a monotonous appearance.
4.30.060 Conversions
The conversion of existing apartments into Residential Common Area Developments as herein defined shall be limited exclusively to apartment projects which meet all development and design standards of this Section.
4.40.010
4-96 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and _____
4.40 Telecommunications Facilities
Sections:
4.40.010 - Purpose
4.40.020 - Applicability
4.40.030 - Permit Requirements
4.40.040 - Facility Design and Development Standards
4.40.050 - Operation and Maintenance Standards
4.40.060 - Discontinuance and Site Restoration
4.40.010 Purpose
This Section establishes development standards consistent with Federal law to regulate the placement and design of communication facilities to preserve the unique visual character of the City, promote the aesthetic appearance of the City, and to ensure public health, safety and welfare; pursue additional benefits from the facilities to the public by encouraging the leasing of publicly owned properties where feasible for the development of communication facilities; and to acknowledge and provide the community benefit associated with the provision of advanced communication services within the City.
4.40.020 Applicability
The location, permit requirements, and other provisions of this Section shall apply to all communications facilities, except for City owned telecommunications facilities. All communication facilities shall also comply with all applicable requirements of State and Federal law.
4.40.030 Permit Requirements
A. Use Permit or Administrative Development Permit. Use Permit approval is required for all communication facilities subject to this Section, except for the following, which shall require approval of an Administrative Development Permit. The Director shall ensure through the Administrative Development Permit approval that each of the following facilities complies with all applicable requirements of this Section. The Director may also choose to defer action and refer any of the following facilities to the Commission for consideration as a Use Permit application.
1. An antenna that is installed, placed, and maintained under the roofline of an existing structure, or above, behind, and below an existing approved roof screen and does not extend above the highest point of the structure, or is camouflaged within an existing structure so as not to be visible from a public right-of-way or other property.
4.40.030
City of Grover Beach Development Code 4-97
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and ___
2. A communication facility in which the antenna is mounted on a mast less than 10 feet high and is not visible from a public right-of-way.
3. An amateur and/or citizens band antenna operated by a person holding a license issued by the FCC in compliance with 47 C.F.R. Part 97, and used solely in connection with that license, and which shall be subject to the "minimum practicable regulation to accomplish the local authority's legitimate purpose," in keeping with the order of the FCC known as "PRB 1," FCC 85 506, released September 19, 1985; provided that there shall be no more than one antenna support structure on a single lot and that the antenna structure complies with the height limits of the applicable zone.
B. Exemptions from Use Permit requirements. The following communication facilities shall be exempt from Use Permit requirements.
1. Replacement or modification of previously permitted facilities or equipment determined by the Director to be of a minor nature that does not increase the number or height of antennas or significantly change or enlarge the ancillary related equipment at the site.
2. An antenna that is one meter (39.37 inches) or less in diameter or diagonal measurement, that is designed:
a. To receive direct broadcast satellite service, including direct-to-home satellite service, as defined by Section 207 of the Telecommunications Act of 1996, Code of Federal Regulations Title 47, and any interpretive decisions thereof issued by the Federal Communications Commission; or
b. For subscribing to a multipoint distribution service.
3. A satellite earth station (SES) antenna of two meters (78.74 inches) or less in diameter or diagonal measurement, located in a commercial or industrial zone, that is designed to transmit or receive radio communications by satellite or terrestrial communications antenna. These antennas may require a Building Permit and approval of the placement by the Director to ensure maximum safety is maintained and promote the aesthetic appearance of the City. These antennas shall be placed, whenever possible, on the top of buildings as far from the edge of rooftops as possible.
C. Coastal Development Permit. Unless preempted by federal law, a Coastal Development Permit (CDP) is required for all communication facilities located in the Coastal Zone that constitute development as defined in Section 9.10 (Definitions) and are not otherwise exempt from CDP requirements pursuant to Section 30610 of the Coastal Act and Section 6.20.040 (Coastal Development Permits). Projects within the Coastal Zone shall comply with all standards in the Local Coastal Program. (Am.
Ord. 14-04)
D. Application requirements. In addition to the information required for a Use Permit, Administrative Development Permit, and/or Coastal Development Permit application by Chapter 6 (Procedures), an application for a communication facility shall include:
4.40.030
4-98 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and _____
1. Consistent with all limitations imposed by Federal law, certification by a licensed engineer that is acceptable to the Director that the proposed facility will at all times meet standards set by the Federal Communication Commission (FCC) and comply with all applicable health requirements and standards pertaining to electromagnetic and/or radio frequency emissions.
2. A report, if required by the Police Department, to evaluate the potential for interference (e.g., HF, UHF, VHF, 800 mHz) with public safety communication equipment. The applicant shall be responsible for paying any costs incurred by the City, including the costs of retaining consultants, to review and analyze the report.
3. The applicant shall submit a visual impact analysis, which may include photomontage, field mock-up, or other techniques, which demonstrates the visual impacts of the proposed facility. Consideration shall be given to views from public areas. The analysis shall assess the cumulative impacts of the proposed facility and other existing and foreseeable telecommunication facilities in the area, and shall identify and include all feasible mitigation measures consistent with the technological requirements of the proposed telecommunication service. The analysis shall also consider the potential of future utility undergrounding construction. All costs for the visual analysis, and applicable administrative costs, shall be borne by the applicant.
4. A Master Plan of all existing facilities and planned future facilities within the City and surrounding area. The Master Plan shall consist of the following components:
a. A written description of the type of technology the company/carrier will provide to its customers over the next five years (i.e. Cellular, PCS, etc.) and a description of consumer services to be offered (i.e. voice, video and data transmission);
b. A description of the radio frequencies to be used for each technology; c. A map of the City and surrounding area showing the five year plan cell sites and planned coverage;
d. A written list of existing, proposed and anticipated cell sites of the service provider over a five year period;
e. A description of the location of the cells and the types of installations, including antennas and equipment.
f. A site plan of the lot, right-of-way, premises or lot showing the exact location of the proposed facility (including all related equipment and cables), exact location and dimensions of all buildings, parking lots, walkways, trash enclosures, and property lines.
g. Co-location/Height Justification: The applicant shall provide justification as to why the proposed height is necessary and why co-location on an existing site is not feasible or desirable (if applicable).
4.40.030
City of Grover Beach Development Code 4-99
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and ___
h. Building elevations and roof plan (for building and/or rooftop-mounted facilities) indicating exact location and dimensions of equipment proposed. For freestanding facilities, indicate surrounding grades, structures, and landscaping from all sides.
i. Proposed landscaping and/or non-vegetative screening (including required safety fencing) plan for all aspects of the facility.
5. Licenses: Documentation certifying the applicant has obtained all applicable licenses or other approvals required by the Federal Communication Commission to provide the services proposed in connection with the application.
6. Master Use Permit. A service provider who intends to establish multiple wireless Telecommunications Facilities within the City is encouraged to apply for the approval of all facilities under a Master Use Permit. Under this approach, all proposed facilities requiring a Use Permit may be acted upon by the City as a single Use Permit application, ensuring feasibility of long range company projections.
E. Communications consultant may be required. In the event that the City needs assistance in understanding the technical aspects of a particular proposal, the services of a communications consultant may be requested to determine the engineering or screening requirements of establishing a specific wireless communications facility. This service will be provided at the applicant's expense.
F. Required findings for Use Permit approval. The approval of a Use Permit or Administrative Development Permit for a communication facility shall require that the Review Authority make the following findings, in addition to those required for Use Permit approval by Section 6.20.080 (Use Permit):
1. The communication facility complies with all applicable requirements of this Section; and
2. The communication facility will not adversely impact the character and aesthetics of any public right-of-way.
G. Required findings for Coastal Development Permit approval. The approval of a Coastal Development Permit for a communication facility shall require that the Review Authority find that the communication facility complies with Section 6.20.040 (Coastal Development Permit); that the communication facility is not located west of Highway 1, unless it is not visible from public viewing areas, meets the standards of Section 4.40.030.A.1, or such a prohibition would result in a conflict with Federal Law; and that the communication facility complies with all requirements of this Section applicable to coastal development permits.
H. Co-location required. A new communication facility shall be co-located with existing facilities and with other planned new facilities whenever feasible, and whenever determined by the Review Authority to be aesthetically desirable. A service provider shall co-locate a new communication facility with non-communications facilities (e.g.,
4.40.040
4-100 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and _____ light standards, water tanks, and other utility structures) where the Review Authority determines that this collocation will minimize the overall visual impact.
1. A service provider shall exhaust all reasonable measures to co-locate their communications facilities on existing towers or with or within existing ancillary support equipment facilities before applying for a new communication facility site.
2. Each service provider shall provide the City with evidence that they have contacted all other potential providers who have, or who are reasonably likely to be installing facilities within the vicinity of the proposed facility and have offered to participate in a joint installation project on reasonable terms.
3. In order to facilitate collocation, Use Permit and Coastal Development Permit conditions of approval for a new facility shall require each service provider to cooperate in the siting of equipment and antennas to accommodate the maximum number of operators at a given site where determined by the Review Authority to be feasible and aesthetically desirable.
I. City-owned property. Consistent with all limitations imposed by Federal law, a communication facility shall not adversely affect the public health, safety or welfare. In order to best benefit the citizens of Grover Beach from this necessary community impact, the Review Authority shall always consider City-owned sites as the highest priority for the location of communication facilities.
4.40.040 Facility Design and Development Standards
A. Each proposed communication facility shall comply with the following standards:
1. Facility placement.
a. A roof-mounted antenna on a structure that complies with applicable height limits shall be set back from the nearest roof edge the equivalent of the height of the tower or a minimum of 10 feet, whichever is greater. b. A ground-mounted communication facility (including towers and antennas) shall be located as far as possible from all property boundaries, and set back from the property line at a ratio of 1.5 horizontal feet for every one foot of height, where feasible unless a location closer to property boundaries reduces visual impacts as viewed from public areas.
c. A tower or antenna shall be set back from any site boundary or public right-ofway by a minimum of 25 feet, if feasible. No part of any tower shall extend into a required setback or beyond a property line of the site. d. Communication facilities other than towers and antennas shall be located either within a structure, underground, in a rear yard (not visible from a public right-of-way) or on a screened roof top area. A ground-mounted facility that is located within a front or side setback or within a public right-of-way shall be
4.40.040
City of Grover Beach Development Code 4-101
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and ___
underground so that the facility will not detract from the image or appearance of the City.
2. Height limitations.
a. All ground mounted communication equipment, antennas, poles, or towers shall be of a minimum functional height.
b. The height of a tower located on the ground shall not exceed 60 feet, except the Review Authority may grant an exception to allow towers of up to 80 feet where it determines that the increased height is necessary for adequate coverage, and the tower will co-locate service providers. c. The height of a communications facility located on a structure other than a dedicated support tower shall not exceed 20 feet above the highest point of the structure and shall at no time exceed the height allowed by the applicable zone unless approved with a Use Permit.
d. An antenna mounted on the side of a structure shall not extend above the structure's parapet so that it is visible from below against the sky.
3. Colors and materials. All antennas, poles, towers, or equipment, including ancillary support equipment, shall have a non-reflective finish and shall be painted or otherwise treated to match or blend with the primary background and minimize visual impacts. Antennas attached to a structure shall be painted or otherwise treated to match the exterior of the structure or the antenna's background color. All ground-mounted equipment shall be covered with a clear anti-graffiti type material of a type approved by the Director or shall be adequately secured to prevent graffiti.
4. Screening, landscaping. All ground mounted equipment, antennas, poles, or towers shall be sited to be screened by existing development, topography, or vegetation. Ground mounted facilities shall be located within structures, underground, or in areas where substantial screening by existing structures or vegetation can be achieved. Additional new vegetation or other screening may be required by the Review Authority. The applicant shall use the smallest and least visible antennas possible to accomplish the owner/operator's coverage objectives.
5. Additional screening and landscaping. As part of project review, the Review Authority may require additional screening and/or landscaping, undergrounding, an alternative color scheme, or relocation of a tower or ancillary equipment to a less obtrusive area of the site where it would have a less prominent visual presence due to slope, topography, size, or relationship to public right-of-ways.
6. Power lines. All power lines to and within a communication facility site shall be underground.
7. Backup power supplies. Backup generators shall only be operated during periods of power outages
4.40.050
4-102 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and _____ B. All building and roof-mounted wireless telecommunications facilities and antennae shall be designed to appear as an integral part of the structure where feasible and located to minimize visual impacts.
C. The placement of new antennae and facilities shall not be physically obstructive or visually intrusive and shall be designed to be visually compatible with the character of the surrounding area.
4.40.050 Operation and Maintenance Standards
A. Contact and site information. The owner or operator of any facility shall submit and maintain current at all times basic contact and site information. The applicant shall notify the City of any changes to the information submitted within 30 days of any change, including change of the name or legal status of the owner or operator. This information shall include the following:
1. Identity, including name, address, and telephone number, and legal status of the owner of the facility including official identification numbers and FCC certification, and if different from the owner, the identity and legal status of the person or entity responsible for operating the facility;
2. Name, address, and telephone number of a local contact person for emergencies;
3. Type of service provided; and
4. Identification signs, including emergency phone numbers of the utility provider, shall be posted at all communication facility sites.
B. Facility maintenance. All communication facilities and related equipment, including lighting, fences, shields, cabinets, and poles shall be maintained in good repair, free from trash, debris, litter, graffiti, and other forms of vandalism, and any damage from any cause shall be repaired as soon as reasonably possible.
C. Landscaping maintenance. All trees, foliage, and other landscaping elements on a communication facility site, whether or not used as screening, shall be maintained in good condition at all times in compliance with the approved landscape plan. The facility owner or operator shall be responsible for replacing any damaged, dead, or decayed landscaping as promptly as reasonably possible. Amendments or modifications to the landscape plan shall require approval by the Director. The Review Authority may also require a landscape maintenance agreement.
D. Site inspection required. Each owner or operator of a facility shall routinely and regularly inspect each site to ensure compliance with the standards identified in this Section.
E. Exterior lighting. Lighting of antenna structures and their electrical support equipment is prohibited, except as required by any order or regulation of the Federal Communications Commission (FCC) or the Federal Aviation Administration (FAA). The lighting shall be constructed or located so that only the intended area is
4.40.060
City of Grover Beach Development Code 4-103
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, July 15, 2019, July 6, 2020, and November 22, 2021, and ___
illuminated and off site glare is fully controlled. Light fixtures shall be low wattage, hooded, and downward directed.
4.40.060 Discontinuance and Site Restoration
All equipment associated with a communication facility shall be removed within 30 days of the discontinuance of the use and the site shall be restored to its original preconstruction condition, subject to the approval of the Director. The service provider shall provide the City with a notice of intent to vacate a site a minimum of 30 days before site vacation. This removal requirement, and appropriate bonding requirements, shall be included in the terms of a lease for a facility on public property. A private lease for a facility located on private property is encouraged to include terms for equipment removal, since the property owner shall be ultimately responsible for removal of the equipment.
Attachment 3, Exhibit D
City of Grover Beach Development Code 5-1
Adopted October 15, 2012
Amended December 16, 2013, and July 21, 2014, and ___
CHAPTER 5. SITE DEVELOPMENT
STANDARDS
5.10 Flood Hazard Area Use Control ......................................................................................................... 4
5.10.010 Statutory Authorization, Findings of Fact, Purpose and Methods ........................................... 4
5.10.020 Definitions ................................................................................................................................ 5
5.10.030 General Provisions ................................................................................................................ 13
5.10.040 Administration ........................................................................................................................ 14
5.10.050 Provisions for Flood Hazard Reduction ................................................................................ 17
5.10.060 Variance Procedure .............................................................................................................. 24
5.20 Street Improvements ........................................................................................................................ 28
5.20.010 Purpose ................................................................................................................................ 28
5.20.020 Permit Requirements ............................................................................................................ 28
5.20.030 Development Standards ....................................................................................................... 28
5.20.040 Completion of Street Improvements ..................................................................................... 31
5.20.050 Council Waiver of Street Improvements ............................................................................... 32
5.30 Street Tree Regulations .................................................................................................................... 33
5.30.010 Street Tree Policy Purpose and Intent .................................................................................. 33
5.30.020 Definitions .............................................................................................................................. 33
5.30.030 Enforcing Authority ................................................................................................................ 34
5.30.040 Master Tree List .................................................................................................................... 34
5.30.050 Street Tree Planting Plan Standards..................................................................................... 34
5.30.060 Street Tree Maintenance and Inspection .............................................................................. 35
5.30.070 Removal of Trees .................................................................................................................. 36
5.30.080 Removal of Trees Prohibited Without a Permit .................................................................... 37 Flood Hazard Area Use Control 5.10.010
5-2 City of Grover Beach Development Code
Adopted October 15, 2012
Amended December 16, 2013, and July 21, 2014, and ___
5.30.090 Subdivision Street Tree Planting ........................................................................................... 38
5.30.100 Control of Trees on Easements ............................................................................................ 39
5.30.110 Property Owner Requests ..................................................................................................... 39
5.30.120 Protection of Street Trees. Prohibitions. ............................................................................. 399
5.30.130 Public Utilities. ....................................................................................................................... 40
5.30.140 Sidewalk, Curb and Gutter Determinations. .......................................................................... 41
5.30.150 Appeals ................................................................................................................................. 41
5.30.160 Non-liability of City................................................................................................................. 41
5.40 Utility Undergrounding ..................................................................................................................... 42
5.40.010 Applicability ........................................................................................................................... 42
5.40.020 Permit Requirements ............................................................................................................ 42
5.40.030 Development Standards ........................................................................................................ 42
5.40.040 Completion of Utility Undergrounding ................................................................................... 43
5.40.050 Waiver of Utility Undergrounding .......................................................................................... 43
5.50 Grading and Drainage....................................................................................................................... 45
5.50.010 Purpose ................................................................................................................................. 45
5.50.020 Applicability ........................................................................................................................... 45
5.50.030 Permit Required .................................................................................................................... 45
5.50.040 Review Authority ................................................................................................................... 46
5.50.050 Grading Permit Application Requirements ............................................................................ 47
5.50.060 Grading Permit Requirements ............................................................................................... 47
5.50.070 Grading Standards ................................................................................................................ 48
5.50.080 Drainage Standards .............................................................................................................. 49
5.50.090 Completion of Grading .......................................................................................................... 51
5.50.100 Enforcement .......................................................................................................................... 51
5.60 Stormwater Construction and Post-Construction Management .................................................. 53
5.60.010 Authority ................................................................................................................................ 53
5.60.020 Purpose ................................................................................................................................. 53
5.60.030 Applicability ........................................................................................................................... 54
5.60.040 Review Authority ................................................................................................................... 54
5.60.050 Owner Responsibilities .......................................................................................................... 54
5.60.060 Minimum Standards .............................................................................................................. 55 Flood Hazard Area Use Control 5.10.010
City of Grover Beach Development Code 5-3
Adopted October 15, 2012
Amended December 16, 2013, and July 21, 2014, and ___
5.60.070 Construction Site Stormwater Runoff Control Provisions ..................................................... 55
5.60.080 Post-Construction Stormwater Management Provisions ...................................................... 56
5.60.090 Violations ............................................................................................................................... 56 Flood Hazard Area Use Control 5.10.010
5-4 City of Grover Beach Development Code
Adopted October 15, 2012
Amended December 16, 2013, and July 21, 2014, and ___
5.10 Flood Hazard Area Use Control
Sections:
5.10.010 - Statutory Authorization, Findings of Fact, Purpose and Methods
5.10.020 - Definitions
5.10.030 - General Provisions
5.10.040 - Administration
5.10.050 - Provisions for Flood Hazard Reduction
5.10.060 - Variance Procedure
5.10.010 Statutory Authorization, Findings of Fact, Purpose and Methods A. Statutory Authorization. The Legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the Council does hereby adopt the following floodplain management regulations.
B. Finding of Fact.
1. The flood hazard areas of the City are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.
2. These flood losses are caused by uses that are inadequately elevated, floodproofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities also contributes to flood losses.
C. Statement of Purpose. It is the purpose of this Section to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by legally enforceable regulations applied uniformly throughout the community to all publicly and privately owned land within flood prone, mudslide (i.e. mudlow) or flood related erosion areas. These regulations are designed to:
1. Protect human life and health;
2. Minimize expenditure of public money for costly control projects;
3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
4. Minimize prolonged business interruptions;
Flood Hazard Area Use Control 5.10.020
City of Grover Beach Development Code 5-5
Adopted October 15, 2012
Amended December 16, 2013, and July 21, 2014, and ___
5. Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard;
6. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage;
7. Ensure that potential buyers are notified that property is in an area of special flood hazard; and
8. Ensure that those who occupy the area of special flood hazard assume responsibility for their actions.
D. Methods of Reducing Flood Losses. In order to accomplish its purpose, this Section includes regulations to:
1. Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities;
2. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
3. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;
4. Control filling, grading, dredging, and other development which may increase flood damage;
5. Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.
5.10.020 Definitions
Unless specifically defined below, words or phrases used in this Section shall be interpreted so as to give them the meaning they have in common usage and to give this Section its most reasonable application.
A zone - see "Special flood hazard area" as defined in this Section.
Accessory structure, low-cost and small means a structure that is:
1. Solely for the parking of no more than 2 cars; or limited storage (small, low cost sheds); and
2. Having a gross floor area of 120 square feet or less.
Accessory use means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located.
Alluvial fan means a geomorphologic feature characterized by a cone or fan-shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain Flood Hazard Area Use Control 5.10.020
5-6 City of Grover Beach Development Code
Adopted October 15, 2012
Amended December 16, 2013, and July 21, 2014, and ___
slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration.
Apex means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.
Appeal means a request for a review of the Floodplain Administrator's interpretation of any provision of this Section.
Area of shallow flooding means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
Area of special flood hazard - See “Special flood hazard area” as defined in this Section.
Base flood means a flood which has a one percent chance of being equaled or exceeded in any given year (also called the "100-year flood"). Base flood is the term used throughout this Section.
Base flood elevation (BFE) means the elevation shown on the Flood Insurance Rate Map for Zones AE, AH and VE that indicates the water surface elevation resulting from a flood that has a 1-percent or greater chance of being equaled or exceeded in any given year.
Basement means any area of the building having its floor subgrade - i.e., below ground level - on all sides.
Breakaway walls are any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by flood waters. A breakaway wall shall have a safe design loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions:
1. Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and
2. The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood.
Building - see "Structure" as defined in this Section.
Coastal high hazard area means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other Flood Hazard Area Use Control 5.10.020
City of Grover Beach Development Code 5-7
Adopted October 15, 2012
Amended December 16, 2013, and July 21, 2014, and ___
area subject to high velocity wave action from storms or seismic sources. It is an area subject to high velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on a Flood Insurance Rate Map (FIRM) as Zone VE, or V.
Development means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
Encroachment means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.
Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before July 3, 1989.
Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
Flood, flooding, or flood water means:
1. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides (i.e., mudflows); and
2. The condition resulting from flood-related erosion.
Flood Boundary and Floodway Map (FBFM) means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway.
Flood Insurance Rate Map (FIRM) means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
Flood Insurance Study means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.
Floodplain or flood-prone area means any land area susceptible to being inundated by water from any source - see "Flooding" as defined in this Section.
Floodplain Administrator is the community official designated by title to administer and enforce the floodplain management regulations.
Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where Flood Hazard Area Use Control 5.10.020
5-8 City of Grover Beach Development Code
Adopted October 15, 2012
Amended December 16, 2013, and July 21, 2014, and ___
possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.
Floodplain management regulations means this Section and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development in flood-prone areas. This term describes federal, state or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage.
Floodproofing means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. For guidelines on dry and wet floodproofing, see FEMA Technical Bulletins TB 1-93, TB 3-93, and TB 7-93.
Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as “Regulatory Floodway."
Floodway fringe is that area of the floodplain on either side of the "Regulatory Floodway" where encroachment may be permitted.
Fraud and victimization as related to Subsection 5.10.060.C, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the Council will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty to one-hundred years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.
Functionally dependent use means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities.
Governing body is the City, which is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry.
Hardship as related to Subsection 5.10.060.C means the exceptional hardship that would result from a failure to grant the requested variance. The Council requires that the variance be exceptional, unusual, and peculiar to the property involved. More economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise Flood Hazard Area Use Control 5.10.020
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Adopted October 15, 2012
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cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.
Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
Historic structure means any structure that is:
1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or
4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.
Levee means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.
Levee system means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.
Lowest floor means the lowest floor of the lowest enclosed area, including basement (see “Basement” definition).
1. An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building’s lowest floor provided it conforms to applicable non-elevation design requirements, including, but not limited to:
a. The flood openings standard in Subsection 5.10.050.A.3.c; b. The anchoring standards in Subsection 5.10.050.A.1;
c. The construction materials and methods standards in Subsection
5.10.050.A.2; and
d. The standards for utilities in Subsection 5.10.050.B.
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2. For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements (see “Basement” definition). This prohibition includes below-grade garages and storage areas.
Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle".
Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
Market value shall be determined by estimating the cost to replace the structure in new condition and adjusting that cost figure by the amount of depreciation which has accrued since the structure was constructed. The cost of replacement of the structure shall be based on a report prepared by an independent professional appraiser. See Subsection
5.10.040.B.2.a.
Mean sea level means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.
New construction, for floodplain management purposes, means structures for which the "start of construction" commenced on or after August 1, 1984, and includes any subsequent improvements to such structures.
New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after August 1, 1984.
Obstruction includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, trash, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.
One-hundred-year flood or 100-year flood - see "Base flood" as defined in this Section.
Primary frontal dune means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively mild slope.
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Program deficiency means a defect in a community’s floodplain management regulations or administrative procedures that impairs effective implementation of those floodplain management regulations.
Public safety and nuisance as related to Subsection 5.10.060.C, means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.
Recreational vehicle means a vehicle which is:
1. Built on a single chassis;
2. 400 square feet or less when measured at the largest horizontal projection;
3. Designed to be self-propelled or permanently towable by a light-duty truck; and
4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
Regulatory floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
Remedy a violation means to bring the structure or other development into compliance with State or local floodplain management regulations, or if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the Section or otherwise deterring future similar violations, or reducing State or Federal financial exposure with regard to the structure or other development.
Riverine means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
Sand dunes mean naturally occurring accumulations of sand in ridges or mounds landward of the beach.
Sheet flow area - see "Area of shallow flooding" as defined in this Section.
Special flood hazard area (SFHA) means an area in the floodplain subject to a one percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as Zone A, AO, AE, AH, VE or V.
Start of construction includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufacture home on a foundation. Permanent construction does not include land preparation, such as clearing, Flood Hazard Area Use Control 5.10.020
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grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
Structure means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home.
Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either:
1. Any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
2. Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure." V zone - see "Coastal high hazard area" as defined in this Section.
Variance means a grant of relief from the requirements of this Section which permits construction in a manner that would otherwise be prohibited by this Section.
Violation means the failure of a structure or other development to be fully compliant with this Section. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this Section is presumed to be in violation until such time as that documentation is provided.
Water surface elevation means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
Watercourse means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.
Flood Hazard Area Use Control 5.10.030
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Amended December 16, 2013, and July 21, 2014, and ___
5.10.030 General Provisions
A. Lands to which this Section applies. This Section shall apply to all areas of special flood hazards within the jurisdiction of the City.
B. Basics for establishing the areas of special flood hazards. The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the “Flood Insurance Study (FIS) for San Luis Obispo County, California and Incorporated Areas” dated August 28, 2008, with accompanying Flood Insurance Rate Maps (FIRM’s) and Flood Boundary and Floodway Maps (FBFM’s), dated August 28, 2008, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this Section. This FIS and attendant mapping is the minimum area of applicability of this Section and may be supplemented by studies for other areas which allow implementation of this Section and which are recommended to the Council by the Floodplain Administrator. In addition, the area of special flood hazards shall be expanded to include areas that are expected to be inundated by continued and accelerated sea level rise over the expected life of the development. The area potentially subject to sea level rise shall be based upon up-to-date scientific papers and studies, agency guidance (such as the 2012 National Research Council report Sea-Level Rise for the Coasts of California, Oregon, and Washington: Past, Present, and Future) and reports by national and international groups such as the Intergovernmental Panel on climate Change. The study, FIRM’s and FBFM’s are on file at the City of Grover Beach Community Development Department, 154 South Eighth Street, Grover Beach, California. (Am. Ord. 14-04)
C. Compliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this Section and other applicable regulations. Violation of the requirements of this Section (including violations of conditions and safeguards) shall constitute a misdemeanor. Nothing herein shall prevent the Council from taking such lawful action as is necessary to prevent or remedy any violation.
D. Abrogation and greater restrictions. This Section is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions.
However, where this Section and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
E. Interpretation. In the interpretation and application of this Section, all provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body; and
3. Deemed neither to limit nor repeal any other powers granted under state statutes.
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F. Warning and disclaimer of liability. The degree of flood protection required by this Section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions.
Flood heights may be increased by man-made or natural causes. This Section does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This Section shall not create liability on the part of the City, any elected or appointed official, officer or employee thereof, the State of California, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this Section or any administrative decision lawfully made hereunder.
G. Severability. This Section and the various Subsections thereof are hereby declared to be severable. Should any Subsection of this Section be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Section as a whole, or any portion thereof other than the Subsection so declared to be unconstitutional or invalid.
5.10.040 Administration
A. Designation of the floodplain administrator. The Community Development Director in cooperation with the City Engineer is hereby appointed to administer, implement, and enforce this Section by granting or denying Development Permits in accord with its provisions.
B. Duties and responsibilities of the floodplain administrator. The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to the following:
1. Permit Review. Review all Development Permits to determine:
a. Permit requirements of this Section have been satisfied, including determination of substantial improvement and substantial damage or existing structures;
b. All other required state and federal permits have been obtained; c. This site is reasonably safe from flooding;
d. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. This means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point within the City; and
e. All Letters of Map Revision (LOMR’s) for flood control projects are approved prior to the issuance of building permits. Building Permits must not be issued based on Conditional Letters of Map Revision (CLOMR’s). Approved Flood Hazard Area Use Control 5.10.040
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CLOMR’s allow construction of the proposed flood control project and land preparation as specified in the “start of construction” definition.
2. Development of Substantial Improvement and Substantial Damage Procedures. a. Using FEMA publication FEMA 213, “Answers to Questions About Substantially Damaged Buildings,” develop detailed procedures for identifying and administering requirements for substantial improvement and substantial damage, to include defining “Market Value.” b. Assure procedures are coordinated with other departments/divisions and implemented by community staff.
3. Review, Use and Development of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Subsection 5.10.030.B, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer Article V of this Section.
NOTE: A base flood elevation may be obtained using one of two methods from the FEMA publication, FEMA 265, “Managing Floodplain Development in Approximate Zone A Areas – A Guide for Obtaining and Developing Base (100- year) Flood Elevations” dated July 1995.
4. Notification of Other Agencies.
a. Alteration or relocation of a watercourse:
(1) Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;
(2) Submit evidence of such notification to the Federal Emergency Management Agency; and
(3) Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.
b. Base Flood Elevation changes due to physical alterations:
(1) Within 6 months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a Letter of Map Revision (LOMR).
(2) All LOMR’s for flood control projects are approved prior to the issuance of building permits. Building Permits must not be issued based on Conditional Letters of Map Revision (CLOMR’s). Approved CLOMR’s allow construction of the proposed flood control project and land preparation as specified in the “start of construction” definition.
Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.
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c. Changes in corporate boundaries: Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits.
5. Documentation of Floodplain Development. Obtain and maintain for public inspection and make available as needed the following:
a. Certification required by Subsection 5.10.050.A.3.a and Subsection
5.10.050.D (lowest floor elevations);
b. Certification required by Subsection 5.10.050.A.3.b (elevation or floodproofing of nonresidential structures);
c. Certification required by Subsection 5.10.050.A.3.c (wet floodproofing standard);
d. Certification of elevation requires by Subsection 5.10.050.C.1.c (subdivisions and other proposed development standards);
e. Certification required by Subsection 5.10.050.F.2 (floodway encroachments); f. Information required by Subsection 5.10.050.G.6 (coastal construction standards); and
g. Maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency.
6. Map Determination. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard, where there appears to be a conflict between a mapped boundary and actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Subsection 5.10.040.D.
7. Remedial Action. Take action to remedy violations of this Section as specified in Subsection 5.10.030.C.
8. Biennial Report. Complete and submit Biennial Report to FEMA.
9. Planning. Assume the City’s General Plan is consistent with floodplain management objectives herein.
C. Development Permit. A Development Permit shall be obtained before any construction or other development, including manufactured homes, within any area of special flood hazard established in Subsection 5.10.030.B. Application for a Development Permit shall be made on forms furnished by the Community Development Department of the City. The applicant shall provide the following minimum information:
1. Plans in duplicate, drawn to scale, showing:
a. Location, dimensions, and elevation of the area in question, existing or proposed structures, storage of materials and equipment and their locations; Flood Hazard Area Use Control 5.10.050
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b. Proposed locations of water supply, sanitary sewer, and other utilities; c. Grading information showing existing and proposed contours, any proposed fill, and drainage facilities;
d. Location of the regulatory floodway when applicable; e. Base flood elevation information as specified in Subsection 5.10.030.B or Subsection 5.10.040.B.3;
f. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; and
g. Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in Subsection 5.10.050.A.3.b of this Section and detailed in FEMA Technical Bulletin TB 3-93.
2. Certification from a registered civil engineer or architect that the nonresidential floodproofed building meets the floodproofing criteria in Subsection
5.10.050.A.3.b.
3. For a crawl-space foundation, location and total net area of foundation openings as required in Subsection 5.10.050.A.3.c of this Section and detailed in FEMA Technical Bulletins 1-93 and 7-93.
4. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
5. All appropriate certifications listed in Subsection 5.10.040.B.5 of this Section.
5.10.050 Provisions for Flood Hazard Reduction
A. Standards of Construction. In all areas of special flood hazards the following standards are required. In the Coastal Zone, development shall be prohibited in areas of special flood hazards, including areas subject to future flooding due to sea level rise, to the maximum extent feasible. If development cannot be built outside such hazard areas, the following standards shall be applied (Am. Ord. 14-04):
1. Anchoring. All new construction and substantial improvements of structures, including manufactured homes, shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
2. Construction Materials and Methods. All new construction and substantial improvements of structures, including manufactured homes, shall be constructed:
a. With flood resistant materials, and utility equipment resistant to flood damage for areas below the base flood elevation;
b. Using methods and practices that minimize flood damage; c. With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent Flood Hazard Area Use Control 5.10.050
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water from entering or accumulating within the components during conditions of flooding; and
d. Within Zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures.
3. Elevation and Floodproofing.
a. Residential construction. All new construction or substantial improvements of residential structures shall have the lowest floor, including basement:
(1) In AE, AH, A Zones, elevated to one foot above the base flood elevation. (2) In an AO zone, elevated above the highest adjacent grade to a height equal to or exceeding the depth number specified in feet on the FIRM, or elevated at least two feet above the highest adjacent grade if no depth number is specified.
(3) In an A zone, without BFE’s specified on the FIRM, elevated to or above the base flood elevation; as determined under Subsection 5.10.040.B.3.
Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered civil engineer or licensed land surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator.
b. Nonresidential construction. All new construction or substantial improvements of nonresidential structures shall either be elevated to conform with Subsection 5.10.050.A.3.a or:
(1) Be floodproofed, together with attendant utility and sanitary facilities, below the elevation recommended under Subsection 5.10.050.A.3.a, so that the structure is watertight with walls substantially impermeable to the passage of water;
(2) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
(3) Be certified by a registered civil engineer or architect that the standards of Subsection 5.10.050.A.3.b.(1) & (2) are satisfied. Such certification shall be provided to the Floodplain Administrator.
c. Flood openings. All new construction and substantial improvements of structures with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must meet the following minimum criteria:
(1) For non-engineered opening:
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(a) Have a minimum of two openings on different sides having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;
(b) The bottom of all openings shall be no higher than one foot above grade;
(c) Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater; and
(d) Buildings with more than one enclosed area must have openings on exterior walls for each area to allow flood water to directly enter and exit; or
(2) Be certified by a registered civil engineer or architect. d. Manufactured homes. See Subsection 5.10.050.D.
e. Garage and low cost accessory structures.
(1) Attached garages.
(a) A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry of flood waters. See Subsection 5.10.050.A.3.c.
Areas of the garage below the BFE must be constructed with flood resistant materials. See Subsection 5.10.050.A.2.
(b) A garage attached to a nonresidential structure must meet the above requirements or be dry floodproofed. For guidance on below grade parking areas, see FEMA Technical Bulletin TB-6.
(2) Detached garages and accessory structures.
(a) “Accessory structures” used solely for parking (2 car detached garages or smaller) or limited storage (small, low-cost sheds), as defined in Article II, may be constructed such that its floor is below the base flood elevation (BFE), provided the structure is designed and constructed in accordance with the following requirements:
i. Use of the accessory structure must be limited to parking or limited storage;
ii. The portions of the accessory structure located below the BFE must be built using flood-resistant materials;
iii. The accessory structure must be adequately anchored to prevent flotation, collapse and lateral movement;
iv. Any mechanical and utility equipment in the accessory structure must be elevated or floodproofed to or above the BFE;
v. The accessory structure must comply with floodplain
encroachment provisions in Subsection 5.10.050.F; and
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vi. The accessory structure must be designed to allow for the automatic entry and exit of flood waters in accordance with Subsection 5.10.050.A.3.c.
(b) Detached garages and accessory structures not meeting the above standards must be constructed in accordance with all applicable standards in Subsection 5.10.050.A.
f. Crawlspace construction. This Subsection applies to buildings with crawl spaces up to two feet below grade. Below-grade crawl space construction in accordance with the requirements listed below will not be considered basements.
(1) The building must be designed and adequately anchored to resist flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
Crawl space construction is not allowed in areas with flood velocities greater than five feet per second unless the design is reviewed by a qualified design professional, such as a registered architect or professional engineer;
(2) The crawl space is an enclosed area below the BFE and, as such, must have openings that equalize hydrostatic pressures by allowing for the automatic entry and exit of floodwaters. For guidance on flood openings, see FEMA Technical Bulletin 1-93;
(3) Crawl space construction is not permitted in V zones. Open pile or column foundations that withstand storm surge and wave forces are required in V zones;
(4) Portions of the building below the BFE must be constructed with materials resistant to flood damage. This includes not only the foundation walls of the crawl space used to elevate the building, but also any joists, insulation, or other materials that extend below the BFE; and (5) Any building utility systems within the crawl space must be elevated above BFE or designed so that floodwaters cannot enter or accumulate within the system components during flood conditions.
(6) Requirements for all below-grade crawl space construction, in addition to the above requirements, to include the following:
(a) The interior grade of a crawl space below the BFE must not be more than two feet below the lowest adjacent exterior grade (LAG), shown as D in figure 3 of FEMA Technical Bulletin 11-01;
(b) The height of the below-grade crawl space, measured from the interior grade of the crawl space to the top of the crawl space foundation wall must not exceed four feet (shown as L in figure 3 of FEMA Technical Bulletin 11-01) at any point;
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(c) There must be an adequate drainage system that removes floodwaters from the interior area of the crawl space within a reasonable period of time after a flood event, not to exceed 72 hours; and
(d) The velocity of floodwaters at the site should not exceed five feet per second for any crawl space. For velocities in excess of five feet per second, other foundation types should be used.
B. Standards for Utilities.
1. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate:
a. Infiltration of flood waters into the systems; and
b. Discharge from the systems into flood waters.
2. On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding.
C. Standards for Subdivisions and Other Proposed Development.
1. All new subdivisions proposals and other proposed development, including proposals for manufactured home parks and subdivisions, greater than 50 lots or 5 acres, whichever is the lesser, shall:
a. Identify the Special Flood Hazard Areas (SFHA) and Base Flood Elevations (BFE).
b. Identify the elevations of lowest floors of all proposed structures and pads on the final plans.
c. If the site is filled above the base flood elevation, the following as-built information for each structure shall be certified by a registered civil engineer or licensed land surveyor and provided as part of an application for a Letter of Map Revision based on Fill (LOMR-F) to the Floodplain Administrator:
(1) Lowest floor elevation.
(2) Pad elevation.
(3) Lowest adjacent grade.
2. All subdivision proposals and other proposed development shall be consistent with the need to minimize flood damage.
3. All subdivision proposals and other proposed development shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
4. All subdivisions and other proposed development shall provide adequate drainage to reduce exposure to flood hazards.
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5. In the coastal zone, land divisions shall be prohibited if the resulting lots would provide for development within areas of special flood hazards, including areas subject to future flooding due to sea level rise. (Am. Ord. 14-04) D. Standards for Manufactured Homes.
1. All manufactured homes that are placed or substantially improved, on sites located: (1) outside of a manufactured home park or subdivision; (2) in a new manufactured home park or subdivision; (3) in an expansion to an existing manufactured home park or subdivision; or (4) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall:
a. Within Zones A, AH, AO, and AE on the community's Flood Insurance Rate Map, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
b. Within Zones V, and VE on the community's Flood Insurance Rate Map, meet the requirements of Subsection 5.10.050.G.
2. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A, AH, AE, AO, V, and VE on the community's Flood Insurance Rate Map that are not subject to the provisions of Subsection 5.10.050.D.1 will be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the:
a. Lowest floor of the manufactured home is one foot above the base flood elevation; or
b. Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade.
Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered civil engineer or licensed land surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator.
E. Standards for Recreational Vehicles.
1. All recreational vehicles placed in Zones A, AH, AO, AE, V and VE will either:
a. Be on the site for fewer than 180 consecutive days; or b. Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or
Flood Hazard Area Use Control 5.10.050
City of Grover Beach Development Code 5-23
Adopted October 15, 2012
Amended December 16, 2013, and July 21, 2014, and ___
c. Meet the permit requirements of Subsection 5.10.040.C of this Section and the elevation and anchoring requirements for manufactured homes in Subsection 5.10.050.D.
2. Recreational vehicles placed on sites within Zones V, and VE on the community's Flood Insurance Rate Map will meet the requirements of Subsection
5.10.050.E.1 and Subsection 5.10.050.G.
3. Owners of recreational vehicle parks and owners of manufactured home parks that allow placement of recreational vehicles must notify the Floodplain Administrator prior to placing any new recreational vehicle, altering any existing recreational vehicle, allowing the placement or alteration of, or allowing any recreational vehicle to remain on site for more than 180 consecutive days, such that the recreational vehicle fails to meet the requirements of Subsections
5.10.050.E.1. a and b. The owner of a recreational vehicle that fails to meet the requirements of Subsections 5.10.050.E.1. a and b must apply for a city recreational vehicle permit and provide certification from an approved special inspector that the recreational vehicle complies with the requirements of Subsection 5.10.050.E.1.c and 5.10.050.E.2.
4. The owner of the recreational vehicle subject to the permit requirements of Subsection 5.10.050.E.3 shall at the time of application for the permit, pay to the City a processing fee in an amount established by resolution of the Council.
F. Floodways. Since floodways are an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:
1. Until a regulatory floodway is adopted, no new construction, substantial development, or other development (including fill) shall be permitted within Zones A1-30 and AE, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other development, will not increase the water surface elevation of the base flood more than 1 foot at any point within the City.
2. Within an adopted regulatory floodway, the City shall prohibit encroachments, including fill, new construction, substantial improvements, and other development, unless certification by a registered civil engineer is provided demonstrating that the proposed encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.
3. If Subsections 5.10.050.F.1 & 2 are satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of Article V.
G. Coastal High Hazard Areas. Within coastal high hazard areas, Zones V, and VE, as established under Subsection 5.10.030.B, the following standards shall apply:
1. All new residential and non-residential construction, including substantial improvement/damage, shall be elevated on adequately anchored pilings or columns and securely anchored to such pilings or columns so that the bottom of Flood Hazard Area Use Control 5.10.060
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the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood level. The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable state or city building standards.
2. All new construction and other development shall be located on the landward side of the reach of mean high tide.
3. All new construction and substantial improvement shall have the space below the lowest floor free of obstructions or constructed with breakaway walls as defined in Article II of this Section. Such enclosed space shall not be used for human habitation and will be usable solely for parking of vehicles, building access or storage.
4. Fill shall not be used for structural support of buildings.
5. Man-made alteration of sand dunes which would increase potential flood damage is prohibited.
6. The Floodplain Administrator shall obtain and maintain the following records:
a. Certification by a registered engineer or architect that a proposed structure complies with Subsection 5.10.050.G.1; and
b. The elevation (in relation to mean sea level) of the bottom of the lowest horizontal structural member of the lowest floor (excluding pilings or columns) of all new and substantially improved structures, and whether such structures contain a basement.
5.10.060 Variance Procedure
A. Nature of variances.
1. The issuance of a variance is for floodplain management purposes only.
Insurance premium rates are determined by statute according to actuarial risk and will not be modified by the granting of a variance.
2. The variance criteria set forth in this Subsection of this Section are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this Section would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.
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Adopted October 15, 2012
Amended December 16, 2013, and July 21, 2014, and ___
3. The city should help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in the flood ordinance must be quite rare. The long term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited.
Therefore, the variance guidelines provided in this Section are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.
B. Conditions for variances.
1. Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of Sections 5.10.040 and 5.10.050 have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
2. Variances may be issued for the repair or rehabilitation of "historic structures" (as defined in Section 5.10.020) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
3. Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.
4. Variance shall only be issued upon a determination that the variance is the "minimum necessary" considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this Section. For example, in the case of variances to an elevation requirement, this means the Commission need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the Commission believes will both provide relief and preserve the integrity of the local ordinance.
5. Any applicant to whom a variance is granted shall be given written notice over the signature of the Floodplain Administrator that:
a. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and
b. Such construction below the base flood level increases risks to life and property. A copy of the notice shall be recorded by the Floodplain Administrator in the Office of the County of San Luis Obispo Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.
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6. The Floodplain Administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency.
C. Appeal board.
1. In passing upon requests for variances, the Commission shall consider all technical evaluations, all relevant factors, standards specified in this Section, and the:
a. Danger that materials may be swept onto other lands to the injury of others; b. Danger of life and property due to flooding or erosion damage; c. Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property;
d. Importance of the services provided by the proposed facility to the community;
e. Necessity to the facility of a waterfront location, where applicable; f. Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
g. Compatibility of the proposed use with existing and anticipated development; h. Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
i. Safety of access to the property in time of flood for ordinary and emergency vehicles;
j. Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and
k. Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges.
2. Variances shall only be issued upon a:
a. Showing of good and sufficient cause;
b. Determine that failure to grant the variance would result in exceptional "hardship" to the applicant; and
c. Determine that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance (see "Public safety and nuisance"), cause “fraud and victimization” of the public, or conflict with existing local laws or ordinances.
3. Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of Subsections 5.10.060.C.1 through Flood Hazard Area Use Control 5.10.060
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Amended December 16, 2013, and July 21, 2014, and ___
5.10.060.C.4 are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.
4. Upon consideration of the factors of Subsection 5.10.060.B.1 and the purposes of this Section, the Commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Section.
Street Improvements 5.10.060
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5.20 Street Improvements
Sections:
5.20.010 - Purpose
5.20.020 - Permit Requirements
5.20.030 - Development Standards
5.20.040 - Completion of Street Improvements
5.20.050 - Council Waiver of Street Improvements
5.20.010 Purpose
This Section provides standards for the construction of public street improvements for new construction, additions, and remodels when a building permit or discretionary permit is required. All public street improvements shall be constructed consistent with this Section and the City’s Standards and Specifications.
5.20.020 Permit Requirements
All public street improvement plans shall be approved by the City Engineer and an Encroachment Permit issued prior to start of construction.
5.20.030 Development Standards
The following standards shall apply for construction of public street improvements when a building permit or discretionary permit is required unless exempt consistent with Subsections G and H.
A. All development requiring curb, gutter, and sidewalk shall replace existing curb, gutter, and sidewalk that is damaged or does not comply with City Standards and Specifications, as determined by the City Engineer.
B. Single-unit residences shall install curb, gutter, sidewalk and a street conform of up to four feet except when a larger conform is needed to correct existing grade deficiencies, as determined by the City Engineer.
C. Residential additions shall install curb, gutter, sidewalk and a street conform of up to four feet except when a larger conform is needed to correct existing grade deficiencies, as determined by the City Engineer. This shall apply when the aggregate square footage of the addition is an amount equal to 40 percent or greater of the existing habitable square footage or 500 square feet whichever is greater, as calculated in Subsection I.
D. Residential remodels where alterations remove more than 50 percent of the exterior walls or remove more than 50 percent of the roof framing shall install curb, gutter, Street Improvements 5.10.060
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sidewalk and a street conform of up to four feet except when a larger conform is needed to correct existing grade deficiencies, as determined by the City Engineer.
E. Commercial, industrial or multi-unit residential buildings shall install curb, gutter, sidewalk and street conform as necessary to connect to the existing edge of pavement, or to the centerline of the street as needed to correct existing grade deficiencies, as determined by the City Engineer.
F. Commercial and industrial building alterations that require approval of a discretionary permit shall install curb, gutter, sidewalk and street conform as necessary to connect to the existing edge of pavement, or to the centerline of the street as needed to correct existing grade deficiencies, as determined by the City Engineer, except for the following:
1. The project does not require a building permit; or
2. A building permit is required for maintenance or repair; or
3. The area of the tenant improvements is less than 1,000 square feet; or
4. The Review Authority determines that the cost of the street improvements exceed 10% of the tenant improvement costs.
G. Accessory Dwelling Units Exempt from Public Street Improvements. Accessory dwelling units are exempted from constructing public street improvements consistent with Government Code Section 65852.2 as amended.
H. Projects Exempt from Street Conform. Projects required to construct a street conform located on a street included in a Measure K-14 Capital Improvement Project scheduled to be constructed within one year of building permit issuance may provide a temporary patch in-lieu of the street conform as approved by the City Engineer.
I. Residential additions shall calculate the aggregate square footage based on the multipliers as follows:
1. Gross living area 1.00
2. Garages and other accessory structures that require a building permit 0.25
3. Covered porches, patios, and similar structures as determined by the Director 0.15
The calculations are applicable to the combined square footage of all building permits issued for the address or site within the last ten years. Examples of calculations for single-unit residences are shown in Figures 5.1 and 5.2.
Street Improvements 5.10.060
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Adopted October 15, 2012
Amended December 16, 2013, and July 21, 2014, and ___
Figure 5.1 – Existing Improvements
Living Area 1,000 Sq. Ft. X 1.00 = 1,000 Sq. Ft.
Garage 400 Sq. Ft. X 0.25 = 100 Sq. Ft.
Patio 100 Sq. Ft. X 0.15 = 15 Sq. Ft.
Workshop 300 Sq. Ft. X 0.25 = 75 Sq. Ft.
Total Existing 1,190 Sq. Ft.
Proposed Improvements
Addition: 500 Sq. Ft. X 1.00 = 500 Sq. Ft.
Minus: Patio Removal (100 Sq. Ft. X 0.15 = 15 Sq. Ft.)
Adjusted Addition 485 Sq. Ft.
Percentage Calculation: 485 Sq. Ft. Addition / 1,190 Sq. Ft. Existing = 40.8%
Street Improvements 5.10.060
City of Grover Beach Development Code 5-31
Adopted October 15, 2012
Amended December 16, 2013, and July 21, 2014, and ___
Figure 5.2 – Existing Improvements
Living Area 1,000 Sq. Ft. X 1.00 = 1,000 Sq. Ft.
Garage 400 Sq. Ft. X 0.25 = 100 Sq. Ft.
Patio 100 Sq. Ft. X 0.15 = 15 Sq. Ft.
Workshop 300 Sq. Ft. X 0.25 = 75 Sq. Ft.
Total 1,190 Sq. Ft.
Proposed Improvements
Addition: 450 Sq. Ft. X 1.00 = 450 Sq. Ft.
Minus: Patio Removal (100 Sq. Ft. X 0.15 = 15 Sq. Ft.)
Adjusted Addition 435 Sq. Ft.
Percentage Calculation: 435 Sq. Ft. Addition / 1,190 Sq. Ft. Existing = 36.6%
5.20.040 Completion of Street Improvements
Construction of the requirements in Subsection 5.20.010 shall be completed prior to the issuance of a Certificate of Occupancy.
Street Improvements 5.10.060
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5.20.050 Council Waiver of Street Improvements
A. The Council may waive all or part of the requirements of this Section upon application for such waiver in cases where in the sole discretion of the Council the strict application of this Section would create substantial hardship, would be impractical, or would not be in the best interests of the City or the public.
B. The Council may extend the time for compliance with the provisions of this Section and may require such cash or other bond as it deems suitable to guarantee compliance with this Section within such time limit as it may specify.
C. No filing fee shall be required for the waiver application to the Council under this Section.
D. Each request for waiver of the requirements of this Section shall be acted upon independently by the Council based upon the particular facts involved.
Street Tree Regulations 5.30.010
City of Grover Beach Development Code 5-33
Adopted October 15, 2012
Amended December 16, 2013, and July 21, 2014, and ___
5.30 Street Tree Regulations
Sections:
5.30.010 - Street Tree Policy Purpose and Intent
5.30.020 - Definitions
5.30.030 - Enforcing Authority
5.30.040 - Master Tree List
5.30.050 - Street Tree Planting Plan Standards
5.30.060 - Street Tree Maintenance and Inspection
5.30.070 - Removal of Trees
5.30.080 - Removal of Trees Prohibited Without a Permit
5.30.090 - Subdivision Street Tree Planting
5.30.100 - Control of Trees on Easements
5.30.110 - Property Owner Requests
5.30.120 - Protection of Street Trees Prohibitions
5.30.130 - Public Utilities
5.30.140 - Sidewalk, Curb and Gutter Determinations
5.30.150 - Appeals
5.30.160 - Non-liability of City
5.30.010 Street Tree Policy Purpose and Intent
It is hereby declared that the public interest and welfare requires that the City establish, adopt and maintain a comprehensive program for the installation, maintenance and preservation of trees within the City.
This Section provides policies, regulations and specifications necessary to govern installation, maintenance and preservation of trees to beautify the City, purify its air, provide shade, wind protection and preserve trees with historic and unusual value for the inhabitants of this City, subject to the availability of City funds for such purposes.
It is hereby declared to be the policy of the City to line its streets with trees and to provide a consistent and adequate program for maintenance and preservation of such trees.
This policy provides for the planting of trees in all areas of the City, and for the selection of appropriate species to achieve as much uniformity as possible for beauty and economy.
5.30.020 Definitions
The following words and phrases used in this Section, unless a different meaning is clearly required by the context, shall have the following meanings:
Planting Strip shall mean the area available for planting between the street curb, or place where the curb should be, and the property line.
Planting shall mean planting and replacement of planting strips.
Street Tree Regulations 5.30.030
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Maintain or Maintenance shall mean the entire care of trees in planting strips, as well as the preparation of ground, fertilizing, mulching, watering, unless specifically so stated.
Tree shall be defined as any woody plant characterized by having a single trunk of at least three inches in diameter at breast height (4-1/2 feet), or a multi-stemmed trunk system with a more or less definitely formed crown. This shall also include any tree that has been placed by the City that has not yet obtained the stated size.
Public Streets or Streets shall include all roads, streets, avenues, boulevards, alleys and parkways, or portion thereof, of the city.
Park Director shall mean the Parks and Recreation Director of the City.
Undeveloped Parcel as used in this Section shall be any lot, or portion of lot, which can be further subdivided or intensively developed in accordance with this Section.
5.30.030 Enforcing Authority
The Park Director, or his duly authorized representative, shall be charged with the enforcement of this Section.
The Parks and Recreation Commission shall be responsible for reviewing all required fee schedules for the planting of street trees. The Parks, Recreation and Beautification Commission shall advise the Park Director and made recommendations to the Council concerning required street trees.
5.30.040 Master Tree List
The Parks and Recreation Commission is hereby charged with the duty of promptly determining the types and species of trees suitable and desirable for planting and the areas in which, and conditions under which, such trees shall be planted in or which may overhang the public streets within the City. The Parks, Recreation and Beautification Commission shall also recommend a Tree Planting Plan setting forth the types of trees to be planted in different portions of the City and a recommended program of tree planting by the City. When such determination has been made, the Parks, Recreation and Beautification Commission shall report its findings in writing to the Council. When approved by the Council said reports shall be known as the Master Tree List and Master Plan. The List and Plan shall be placed on file with the City Clerk. Revisions or changes in said List or Plan may be amended from time to time by the Parks, Recreation and Beautification Commission in the matter described hereinabove.
5.30.050 Street Tree Planting Plan Standards
A. The planting of trees in or within five feet of the public street right-of-way of the City shall be governed by the general and specific tree plan.
Street Tree Regulations 5.30.060
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B. The Parks and Recreation Commission shall be guided by and apply the following standards in formulating and approving a street tree plan.
1. The prime purpose of beauty, shade, and/or wind protection shall always be observed.
2. The location of specific trees shall be at specified intervals with consideration given to avoiding or minimizing interference by the trees with existing or planned utilities, driveway approaches, street intersections and building exposures.
3. No tree shall be planted within 35 feet of any corner of any intersection unless approved by the City Engineer.
4. Selection and spacing of a particular species of tree for a specific block, a street, or section of the City shall be based upon the nature of the species and the width of the planting strip, soil conditions, zoning regulations, street patterns, building setbacks, utilities, and the availability of the particular species.
5. All trees hereafter planted in or within five feet of the public street right-of-way of the City must be on the Master List, unless a written permit from the Park Director shall have first been obtained to plant a tree not on said list. Such permit shall set forth the type of tree, method of planting and maintenance, and any other conditions deemed proper by the Director for planting of such tree, and the person obtaining such permit shall comply with all the terms and conditions thereof.
C. The Public Works Department shall assume the responsibility of furnishing and planting all new City street trees. Subdivisions shall be assessed a fee per lineal foot of street frontage per lot for this planting service. Said fee shall be established by the Parks and Recreation Commission and approved by the Council.
5.30.060 Street Tree Maintenance and Inspection
The Park Director shall have supervision, direction and control of the care, trimming, removal, relocation and replacement of trees in the streets or public property owned or under the control of the City. It shall be unlawful for any person to cut, trim, prune, spray, brace, or in any other manner to destroy or seriously damage any tree in the public street area or upon property owner or controlled by the City.
A. Upon discovering that any such trees are infected or infested with insects, pests, or disease, the Park Director shall cause such conditions to be treated, or if any trees are so infected or infested to such a degree that such conditions cannot be eradicated by treatment, the Director may order the removal and replacement of any such trees.
B. Street trees shall be maintained as follows: Surface roots of young trees in process of development shall be removed to prevent future sidewalk, curb and gutter damage.
Overhead limbs shall be pruned proportionately to compensate for root loss. Upon reaching maturity, trees shall be pruned or trimmed to not less than seven feet above Street Tree Regulations 5.30.070
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ground in residential areas, and to not less than ten feet above the ground in commercial areas. Small trees and young trees during the process of development shall be properly shaped and trimmed to provide adequate sidewalk and street clearance.
C. In the event any tree, shrub, or plant in any street in the City or any tree, shrub or plant standing on any private property, overhanging or projecting into any street or public place appears to be dead, liable to fall, dangerous, an obstruction to public travel or is not pruned or trimmed to not less than seven feet above a sidewalk in residential areas or ten feet in commercial areas, the Park Director may cause the same or such part or parts thereof as dead, liable to fall, dangerous, or an obstruction to such public travel, or is not so trimmed, to be cut down, and if in the street, to be removed there from; provided that, except in case of manifest public danger and immediate necessity, no such trees or shrubs standing on any private property shall be completely cut down or removed unless ten days' notice in writing be given by the Park Director to the owner or occupant of such property.
5.30.070 Removal of Trees
A. Private Property: Any tree growing on private property which is endangering or, in the opinion of the Park Director, constitutes danger to public streets or public places, or which in any way endangers the usefulness of a public sewer or public utility, shall be removed or trimmed by the owner of the property within 14 days after receipt of such notice from the Park Director. In the event the property owner fails to remove or trim such trees within said time, the Park Director may then remove or trim said tree, and assess the cost thereof against the property owner, ten days prior notice of the hearing before the Council, subject to the right of the property owner to appeal the amount of said assessment to the Council within two days after notice thereof to the property owner. Such cost shall become a lien on the property and the resolution assessing such costs shall be recorded with the County Recorder's Office, or may be collected by court action.
B. It shall be unlawful for any person, firm, partnership, corporation or other legal entity whatever, to remove, or cause to be removed, any tree from any undeveloped parcel of property without a permit, as provided herein.
C. Streets and Public Places: No tree shall be removed from any public street or property owned or under the control of the City without the prior written consent of the Park Director. Such consent shall only be granted if the tree constitutes a hazard to property or persons using the adjoining streets, if its roots are causing excessive damage to the curb, gutters or sidewalks, or if it unduly interferes with the sewer system and public utilities. Any tree being removed for the benefit of the property owner shall be removed and replaced with an approved tree at the owner's expense.
D. Any tree planted by the City in the City right-of-way or required by the City in the public right-of-way after the effective date of this ordinance, that must be removed because of type, growth habits or disease that do not meet future City standards, Street Tree Regulations 5.30.080
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shall be removed at City expense and replaced at the Park Director's discretion, subject to the availability of City funds.
E. Acceptable reasons for City removal on streets and public places:
1. Dead trees;
2. Dying, decayed or hazardous trees;
3. Trees that must be removed for sidewalks or curb repair;
4. Trees diseased beyond reclamation;
5. Thinning to approved spacing.
6. Acceptable reasons for property owner removal:
7. Trees directly in the way of new sidewalks, curbs, or driveway approaches;
8. Trees in way of house moving (undesirable species only).
5.30.080 Removal of Trees Prohibited Without a Permit
It shall be unlawful for any person, firm, partnership, corporation or other legal entity whatever, to remove, or cause to be removed, any tree from any undeveloped parcel of property without a permit as provided herein.
A. Permits.
1. Any person, firm, partnership, corporation or other legal entity, or agent of any such person desiring to remove one or more trees on any undeveloped parcel in the City shall apply in writing to the Parks and Recreation Director for a permit.
Said application shall contain the number and a plot plan showing the location of the trees to be cut or removed and a brief statement of the reason for removal, as well as any other pertinent information the Parks and Recreation Director may require. On receipt of such application, the Parks and Recreation Director will inspect the premises and determine which trees may be removed.
2. The determination of the Parks and Recreation Director shall be based upon the following criteria:
a. The condition of the trees with respect to disease, danger of falling, proximity to existing or proposed structures and interference with utility service; b. Necessity to remove trees in order to construct proposed improvements to allow economic enjoyment of the property;
c. Topography of the land and the effect of tree removal on erosion, soil retention, and the diversion or increased flow of surface waters; d. Number of trees existing in the neighborhood on improved property. The Parks and Recreation Director shall be guided by the standards established in the neighborhood;
Street Tree Regulations 5.30.090
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e. Good horticultural practices, i.e., the number of healthy trees that a given parcel of land will support.
The Parks and Recreation Director shall give priority of inspection to those requests based on hazard, danger or disease. The Parks and Recreation Director may also refer any request to another Department, Board, Commission, Council, or Committee for report or recommendation.
In case of emergency caused by the tree being in a hazardous or dangerous condition, such tree may be removed by order (direction) of the Public Works Department.
B. Subdivisions.
1. All subdivision maps for five or more lots filed for tentative approval shall designate clearly any trees upon the property. Any trees upon the property which are to be removed shall be clearly designated upon the tentative subdivision map. Tentative approval of the map by the Parks and Recreation Commission shall constitute a recommendation to the Council to permit removal of any trees so designated.
C. Historic or heritage tree.
1. Historic or heritage tree shall mean any tree existing within the City which has been found by the Parks and Recreation Commission to be a tree of notable historic interest or high value type, size or historic associations and has been designated by resolution of the Council, on advice of the Parks, Recreation and Beautification Commission, as an historic or heritage tree.
All persons owning property upon which trees so designated exist shall be informed as to the status of these trees and the restrictions related to their care and removal. No tree designated as an historical or heritage tree shall be removed from the site without the prior approval of the Parks and Recreation Commission. This shall include the site of a proposed subdivision or any undeveloped parcel.
5.30.090 Subdivision Street Tree Planting
The cost for planting and maintenance of street trees for one year in new subdivisions shall be borne by the subdivider as established in Subsection 5.30.050.C.
This cost shall be determined from the official fee schedule of the City. This fee shall be reviewed as necessary in order to adjust to planting and maintenance cost.
The Parks and Recreation Commission shall, as soon as the basic subdivision improvements are approved, determine the species of tree, the specific locations and any other pertinent information that may be required before the trees are planted. The trees shall be planted after these determinations are made.
Street Tree Regulations 5.30.100
City of Grover Beach Development Code 5-39
Adopted October 15, 2012
Amended December 16, 2013, and July 21, 2014, and ___
The subdivider shall be held responsible for any damage that occurs to any tree on the site where his construction is taking place during the period of time between planting of the street tree and final acceptance of the structure by the Community Development Department. Any damage to the trees shall be charged to the subdivider. Any tree that is destroyed in the process of construction shall be replaced with a tree of the same species and of the same size at the time the tree was destroyed. The subdivider shall be responsible for all costs.
5.30.100 Control of Trees on Easements
All existing trees located within public easements shall be so maintained by the owner of the property so as to prevent the roots from interfering with public pipelines and the limbs and branches from interfering with utility lines.
5.30.110 Property Owner Requests
A. A majority of the abutting property owners in a given block, street, or area of the City where tree planting is required may petition for the uniform planting of a tree variety of their own choice. Such petition shall be approved by the Parks and Recreation Director, provided the tree selection is made from the Official Street Tree List and the selection does not conflict with the standards above.
B. A petition bearing the signatures of not less than all of the property owners of any one block may be filed with the Parks and Recreation Director, requesting a change in the variety of trees in the planting strip adjacent to their properties. Such petition shall be approved by the Parks and Recreation Director providing the selection does not conflict with the standards above. The work may be done upon City force account or a City contract upon public bids, provided that the estimated cost thereof has been previously paid by the property owners. The work may also be done upon a private contract made by the property owners, the terms of which have been previously approved by the Parks and Recreation Director. All work is to be under the supervision of the Parks and Recreation Director.
5.30.120 Protection of Street Trees. Prohibitions.
A. When determined by the Parks and Recreation Director that private plantings or installations in planting strips are a hazard to the public or conflict with the approved tree planting plan, the Parks and Recreation Director shall have full authority to cause such hazard or detriment to be removed or eliminated.
B. No person shall, without a written permit from the Parks and Recreation Director, plant, remove, trim, prune, or cut any tree upon the streets, planting easements, or between the property line and the curb. Upon permission being granted to any person for the purpose of planting, trimming, pruning, cutting or removal same shall be done under the general supervision of the Parks and Recreation Director. All Street Tree Regulations 5.30.130
5-40 City of Grover Beach Development Code
Adopted October 15, 2012
Amended December 16, 2013, and July 21, 2014, and ___
stumps of such trees including underground portions to a depth to be specified by the Parks and Recreation Director shall be removed during such operations.
C. No person shall interfere, or cause or permit any person to interfere with employees of the City who are engaged in the planting or maintenance, treating, or removing of any tree or plant in the streets or planting easements or in the removing of any stone, cement, or any substance in any such street, sidewalk, planting strip, alley, or other public place.
D. Willful injury to or disfigurement or destruction of any shade tree or ornamental plant growing within the City, whether situated upon private ground within the front setback or on any street, sidewalk, or public park or place, is a violation of this ordinance.
E. No person shall:
1. Construct a concrete, asphalt, brick, or gravel sidewalk or otherwise fill up the ground area around any tree so as to shut off air, light, or water from the roots except under written authority from the Public Works Department,
2. Pile building material, equipment or other substance around any tree so as to cause injury thereto,
3. Apply any deleterious matter on or around any tree, or on the ground around it or on any planting strip, lawn or sidewalk,
4. Post any sign on any tree, tree-stake, or guard, or fasten any guy wire, cable, or rope to any tree, tree-stake, or guard.
F. Tree-stakes or guards may be placed around trees by property owners provided the same are placed near a tree for the purpose of protecting or training such trees under the direction of the Parks and Recreation Director.
G. No person shall plant any tree on any street of the City, the planting of which is contrary to a street plan established pursuant to this Section or previous ordinances or code Sections.
H. All damage caused to street trees by house moving shall be paid by the mover in an amount equal to the value of the tree according to tree evaluation standards of the International Shade Tree Conference. Any tree removed shall be replaced at the mover's expense.
5.30.130 Public Utilities.
Any person doing business as a public utility subject to the jurisdiction of the Public Utilities Commission of the State of California, and any duly constituted public agency authorized to provide and providing utility service, shall be given a permit from the Park Director valid for one year from the date of issuance, permitting such person to trim, brace, remove, or perform such other acts with respect to trees growing adjacent to the public streets of the City or which grow upon private property to the extent that they encroach upon such public streets as may be necessary to comply with the safety Street Tree Regulations 5.30.140
City of Grover Beach Development Code 5-41
Adopted October 15, 2012
Amended December 16, 2013, and July 21, 2014, and ___
regulations of said commission and as may be necessary to maintain the safe operation of its business.
5.30.140 Sidewalk, Curb and Gutter Determinations.
In all cases where root damage from City planted trees occurs to City sidewalk, curbs or gutters, the City shall remove or root prune the trees and replace the damaged concrete.
It shall be the responsibility of a property owner to remove, at his own expense, trees directly in the way of new sidewalks, curbs, or driveway approaches. Any tree so removed shall be replaced, at the discretion of the Park Director, with an acceptable tree from the Master Tree List at the property owner’s expense.
The installation of both integral and detached sidewalks within the same block will be allowed when upon determination by the Park Director and Public Works Director that the change within the block is necessary to preserve a desirable tree that is at least four inches in diameter, a distance of two feet above ground level, provided a minimum sidewalk width of four feet can be constructed.
5.30.150 Appeals
Any person aggrieved by any act or determination of the Park Director in the exercise of the authority herein granted shall have the right to appeal to the Council. An appeal shall be in writing, stating the decision appealed and reasons for the appeal.
5.30.160 Non-liability of City
Nothing in this article shall be deemed to impose any liability upon the City, or upon any of its officers or employees, nor to relieve the owner and occupant of any private property from the duty to keep trees and shrubs upon private property, or under his control, or upon sidewalks and parking strips in front of such private property in safe condition.
Utility Undergrounding 5.40.010
5-42 City of Grover Beach Development Code
Adopted October 15, 2012
Amended December 16, 2013, and July 21, 2014, and ___
5.40 Utility Undergrounding
Sections:
5.40.010 - Applicability
5.40.020 - Permit Requirments
5.40.030 - Development Standards
5.40.040 - Completion of Utility Undergrounding
5.40.050 – Waiver of Utiltiy Undergrounding
5.40.010 Applicability
This Section provides standards for the undergrounding of public utilities for new construction, additions and remodels when a building permit is required. All undergrounding of public utilities shall be performed consistent with this Section and the City’s Standards and Specifications.
5.40.020 Permit Requirements
All public utility undergrounding shall be approved by the applicable utility companies and the City Engineer. An Encroachment Permit shall be issued prior to start of construction for utilities located within the public right-of-way.
5.40.030 Development Standards
The following standards shall apply for undergrounding of public utilities when a building permit is required.
A. Primary Lines. New construction of residential, commercial and industrial buildings shall underground new and existing primary lines as follows:
1. Within existing subdivisions that have no existing overhead primary utilities.
2. New residential subdivisions on lots greater than one gross acre.
3. Areas within existing utility undergrounding districts.
B. Secondary Lines. New and existing secondary lines shall be placed underground for the following:
1. New commercial and industrial buildings greater than 500 square feet.
2. Additions to commercial and industrial buildings greater than 500 square feet.
3. Commercial and industrial building alterations except for the following:
a. A building permit is required for maintenance or repairs; or b. The area of tenant improvements is less than 1,000 square feet; or Utility Undergrounding 5.40.040
City of Grover Beach Development Code 5-43
Adopted October 15, 2012
Amended December 16, 2013, and July 21, 2014, and ___
c. The Review Authority determines that the cost of the secondary utility undergrounding exceeds 10% of the tenant improvement costs.
4. New residences except accessory dwelling units as defined in Chapter 9 (Definitions).
5. Residential additions that exceed 40 percent of the existing square footage (as calculated by Section 5.20.030.I) or 500 square feet, whichever is greater.
6. Residential remodels where alterations remove more than 50 percent of the exterior
walls or remove more than 50 percent of the roof framing.
C. Above Ground Equipment. New and existing utility appurtenances and associated equipment, including transformers, pedestal mounted boxes and meter cabinets may be placed above ground.
5.40.040 Completion of Utility Undergrounding
Construction of the requirements in Subsection 5.40.030 shall be completed prior to the issuance of a Certificate of Occupancy.
5.40.050 Waiver of Utility Undergrounding
A. The owner may request the City Engineer waive the requirements to underground secondary lines. The written waiver request shall demonstrate why the required undergrounding cannot be completed based on Subsections 1-4. The City Engineer may waive the requirement to underground secondary lines for the following circumstances:
1. The existing utility pole is located on the adjacent lot and the owner is unable to obtain an easement allowing access to the closest utility pole.
2. The existing pole is located within the public right-of-way but the pole is not located within five feet of the project lot.
3. There are topographical conditions that would not provide minimum clearances required by the utility companies.
4. The existing built conditions would require the cost of undergrounding to exceed 10% of the total cost of the construction project based on a written estimate provided by the utility companies.
B. The owner may request the City Council waive the requirements of this Section. The written waiver request with the fee as established in the Master Fee Schedule shall demonstrate why the required undergrounding cannot be completed based on Subsection 1. The Council may waive the requirement to underground primary and/or secondary lines or extend the time for compliance as follows:
Utility Undergrounding 5.40.050
5-44 City of Grover Beach Development Code
Adopted October 15, 2012
Amended December 16, 2013, and July 21, 2014, and ___
1. Where in the sole discretion of the Council the strict application of this Section would create substantial hardship, would be impractical, or would not be in the best interests of the City or the public.
2. The Council may extend the time for compliance with the standards of this Section and may require such cash or other bond as it deems suitable to guarantee compliance with this Section within such time limit as it may specify.
Each request for waiver of the requirements of this Section shall be acted upon independently by the Council based upon the particular facts involved.
City of Grover Beach Development Code 5-45
Adopted December 16, 2013
5.50 Grading and Drainage
Sections:
5.50.010 - Purpose
5.50.020 - Applicability
5.50.030 - Permit Required
5.50.040 - Review Authority
5.50.050 - Grading Permit Application Requirements
5.50.060 - Grading Permit Required
5.50.070 - Grading Standards
5.50.080 - Drainage Standards
5.50.090 - Completion of Grading
5.50.100 - Enforcement
5.50.010 Purpose
This Section provides procedures and minimum standards for grading activities and the construction of drainage control facilities. These provisions are intended to promote properly designed projects by preventing unreasonable or unnecessary damage from grading activities and by reducing hazards caused by flooding.
5.50.020 Applicability
The requirements of this Section shall apply to all proposed development, new land uses and any grading, removal of vegetation, construction of flatwork or other land-disturbing activity.
5.50.030 Permit Required
A. When required. A grading permit is required for the following grading activities unless exempted by Subsection B:
1. Any grading, ground-disturbing, or other land-disturbing activity.
2. As required by California Building Code Appendix J (Grading).
3. Any grading located in a geologic hazard area shown on the Hazard Area Maps of the General Plan Safety Element. All geologic hazard areas shall be subject to additional requirements including soils and geologic investigation, analysis and reporting. A report prepared by the appropriately licensed professional(s) indicating that the site is suitable for the proposed development and providing specific design guidelines for the proposed development shall be included with any grading permit application. Final soils and geologic grading reports shall also be required for all grading activities in these areas, except that borings and related analyses shall be sufficient in liquefaction hazard areas.
Grading and Drainage 5.50.040
5-46 City of Grover Beach Development Code
Adopted December 16, 2013
4. Any grading activities that may adversely affect surrounding properties as determined by the Public Works Director. The Public Works Director shall have the discretion to impose any reasonable design requirements or conditions on such work which is determined necessary to prevent or reduce the harmful effects such work might cause to surrounding properties.
B. Exemptions. The following grading activities are exempt from the issuance of a grading permit. However, the Public Works Director shall have the discretion to impose any reasonable design requirements or conditions on such work which is determined necessary to prevent or reduce the harmful effects such work might cause to surrounding properties.
1. Removal of vegetation does not exceed 1,000 square feet in area;
2. Cultivation of land for agricultural purposes, provided that normal and customary agricultural practices are followed to minimize potential erosion;
3. Excavations for wells or tunnels or utilities;
4. An excavation does not exceed four feet in vertical depth at its deepest point, measured from the original surface, and does not exceed 200 square feet in area;
5. A fill that does not exceed three feet in vertical height at its highest point, measured from the natural ground surface, and does not cover more than 200 square feet;
6. Exploratory excavations under the direct supervision of geotechnical engineers or engineering geologists which do not exceed an aggregate area of 200 square feet; or
7. An excavation below finished grade for basements and footings of a building if authorized by a valid building permit. This exception does not affect the requirement of a grading permit for any fill made with the material from the excavation.
5.50.040 Review Authority
A. The Public Works Director is authorized to issue a grading permit in compliance with this Development Code and the Municipal Code and may require conditions as are necessary to achieve compliance.
B. Development Permit. If the grading permit is associated with an approved Development Permit, the Public Works Director shall determine that the project is in substantial compliance with the approved Development Permit in order to issue the grading permit.
Grading and Drainage 5.50.050
City of Grover Beach Development Code 5-47
Adopted December 16, 2013
5.50.050 Grading Permit Application Requirements
A. An application for a grading permit shall include a completed application form, the information and materials described in a Department handout, and the required filing fee. The application shall be filed with the Community Development Department.
B. Site grading and grading plans shall be prepared by a professional having experience and competence in the design of site grading and who is appropriately licensed by the State of California to perform said design.
C. A preliminary soils report prepared by a geotechnical engineer shall be provided for the following projects:
1. Construction of new residential and non-residential buildings;
2. Additions above the ground floor level to residential and non-residential buildings;
3. Additions to ground floor level non-residential buildings. The Building Official may waive this requirement if it is determined that, based on the size of the addition and building occupancy type, investigation of the footing excavation by a geotechnical engineer will suffice.
4. Ground level additions to residential buildings. The Building Official may waive this requirement if it is determined that, based on the size of the addition, investigation of the footing excavation by a geotechnical engineer will suffice.
5.50.060 Grading Permit Requirements
A. Permit Requirements. All grading permits shall comply with the following requirements.
1. All grading permit applications shall comply with the current edition of the California Building Code Appendix J (Grading).
2. All stormwater construction and post construction requirements have been met in compliance with Section 5.60 (Stormwater Construction and Post-Construction Management).
3. All standards contained in this Development Code and other sections of the Municipal Code.
4. Residential hillside development standards in Subsection 2.20.050.D (Hillside Development Standards) and Subsection 2.20.050.E (CPR1 Development Standards), when applicable.
5. The applicant for a grading permit may be required to provide performance guarantees in compliance with Development Code Section 6.30.050 (Performance Guarantees) upon recommendation by the Public Works Director.
6. Projects located in the Coastal Zone shall require Coastal Development Permit approval in compliance with Section 6.20.040 (Coastal Development Permit).
Grading and Drainage 5.50.070
5-48 City of Grover Beach Development Code
Adopted December 16, 2013
7. All grading activities shall comply with the California Environmental Quality Act (CEQA), when applicable.
5.50.070 Grading Standards
A. Purpose. This Section provides standards for grading, slope construction, erosion and sediment control, and protection of watercourses and drainage inlets.
B. General standards.
1. Wherever practicable, grading should preserve, match, or blend with the natural contours of the land.
2. Whenever practicable, trees and native vegetation should be retained.
3. Scars from cuts and fills should be minimized; the amount of cuts and fills should be reduced and sharp angles at the top and sides of all necessary cut and fill slopes shall be rounded off, and/or a retaining wall acceptable to the City shall be constructed. Where a cut or fill slope occurs between two lots, the slope shall be contained entirely within one lot and the slope should normally be made a part of the downhill lot.
4. Geologic hazards and adverse soil conditions shall be mitigated.
5. Walls that retain soil constructed within three feet of any property line shall be of masonry or concrete construction. The fill behind the wall shall not be less than six inches below the top of the wall.
6. Retaining walls with level backfill that retain less than six feet as measured from the top of footing and with no imposed loads other than soil backfill, wind and seismic may be constructed per City standard. All other walls shall be designed by an appropriately licensed professional.
7. When excavations or retaining walls are proposed near any property line, the Public Works Director may require a shoring installation and removal plan or retaining wall design by a licensed professional if in their opinion the excavation or retaining wall may result in damage to adjacent property.
C. Slope construction standards.
1. Slopes, both cut and fill, shall not be steeper than three run to one rise (3:1), except as approved by the Public Works Director and a thorough geological and engineering analysis indicates that steeper slopes are safe and permanent erosion and sediment control measures are specified.
2. Long or steep slopes shall be terraced at regular intervals to slow runoff and provide a place for sediment to settle out.
3. A five foot wide bench sloped at two percent shall be provided between the top or bottom of all slopes and the public right-of-way except as approved by the Public Works Director.
Grading and Drainage 5.50.080
City of Grover Beach Development Code 5-49
Adopted December 16, 2013
4. Tops and bottoms of slopes shall not be located closer than two feet to any property line unless retained by an approved retaining wall.
5. All cleared slopes in cuts and fills and other areas vulnerable to erosion shall be permanently stabilized.
D. Erosion and sediment control. Approved erosion and sediment control devices shall be required for all grading and stockpiling of materials in compliance with Section
5.60 (Stormwater Construction and Post-Construction Management).
E. Standards for protection of watercourses and drainage inlets.
1. Grading activities shall not encroach on natural watercourses or constructed channels, except as approved by the Public Works Director and all required permits are obtained from agencies having jurisdiction.
2. Excavated materials shall not be deposited or stored in the street, gutter or sidewalk without approval of an encroachment permit in compliance with Chapter 5 of the Municipal Code (Encroachment Permits) except as approved by the Public Works Director.
3. Temporary and permanent sediment controls such as sediment debris basins and sediment traps shall be constructed to prevent sediment from entering existing or newly installed storm drainage structures. Any trapped sediment shall be removed to a disposal site approved by the Public Works Director.
4. Any storm drain inlet protection measure which completely blocks the drain entrance shall be prohibited. Waddles and straw bales used alone are considered ineffective and shall not be allowed. Gravel bags, filter fabric wraps, commercially available inlet protection devices or other City approved methods shall be used in a manner that does not cause erosion, or flooding into a roadway.
5.50.080 Drainage Standards
A. Purpose. This Section provides standards for drainage and retention facilities.
B. General standards
1. No construction shall be allowed that alters natural drainage courses or that alters the existing outlet location, volume, peak flow rate or velocity of runoff except as approved by the Public Works Director.
2. In cases where existing offsite runoff is conveyed onto and/or across the site the completed work shall provide for its continuation.
3. Site drainage and drainage facilities shall be designed by a professional having experience and competence in the design and specification of drainage facilities and who is appropriately licensed by the State of California to perform said design.
Grading and Drainage 5.50.080
5-50 City of Grover Beach Development Code
Adopted December 16, 2013
4. All storm drainage structures shall be sized and constructed in compliance with the City of Grover Beach Standards and Specifications. Where no City standard or specification exists, the Public Works Director may require design by a Civil Engineer or compliance with an approved standard of another agency.
5. All subsurface flows and surface runoff shall be contained and dispersed at nonerosive velocities into the natural watercourse of the drainage area, except as required in this Section.
6. Concentration of runoff shall only be permitted in swales or watercourses.
7. Energy dissipating devices shall be required at all drainage outlets.
C. Retention Requirements
1. New construction on a vacant lot or on a lot where the primary structure is being removed, on-site drainage retention shall be required for all existing and new impervious surface areas regardless of the percent change to impervious surface area.
2. New construction that results in an increase to impervious surface area equal to or greater than 40%, on-site drainage retention shall be required for all existing and new impervious surface areas.
3. New Construction on a vacant lot or on a lot where the primary structure is being removed and new construction that results in an increase to impervious surface area equal to or greater than 40%, the property shall meet the requirements of City Standards and Specifications Section 8 (Stormwater Construction and PostConstruction Management), Subsection 8.04 (Long Term Maintenance).
4. New construction that results in an increase to impervious surface area less than 40%, on-site drainage retention is required only for the net increase to existing impervious surface area.
5. Runoff shall be directed to the newly created retention facilities, except as approved by the Public Works Director. Portions of sites not requiring retention per this Section and that previously drained to the street may continue to do so if approved by the Public Works Director.
6. For the purposes of this Section, surfaces including decks shall be considered pervious if they are constructed and installed per approved plans or approved manufacturer’s recommendations and can be demonstrated to pass 3.2 inches of water per hour.
7. Drainage retention volume for impervious areas requiring retention shall be calculated using the following formula: impervious area in square-feet multiplied by 0.325 equals cubic feet of required drainage retention volume. When this volume exceeds retention volume required by Section 5.60 (Stormwater Construction and Post-Construction Management), this Section shall prevail except when a reduction in volume is approved by the Public Works Director.
8. Common drainage retention basins may be constructed for developments consisting of more than one lot. Common drainage retention volume shall be Grading and Drainage 5.50.090
City of Grover Beach Development Code 5-51
Adopted December 16, 2013
calculated assuming retention of runoff from streets, curb, gutter and sidewalks except when approved by the Public Works Director.
9. Exemptions. Lots developed or redeveloped within a multi-lot development that includes a common drainage retention basin sized in compliance with this Section shall not be required to construct additional drainage retention facilities.
5.50.090 Completion of Grading
A. Upon completion of the rough grading work and at the final completion of the work, the Building Official or Public Works Director may require the following reports:
1. An as-built plan prepared by an appropriately licensed professional including a certification that the work was completed in compliance with the final approved plan.
2. A final soils report prepared by the geotechnical engineer and/or geologist including a certification as to the adequacy of the site for the intended use and as affected by geological features.
3. A certification by an appropriately licensed professional that the drainage facilities constructed were installed and operate in compliance with the final approved plans.
4. The engineer for a project may be required to inspect work and certify compliance with the approved grading plan, erosion and sediment control plan, and the provisions of this Section.
5.50.100 Enforcement
A. The provisions of this Section shall be enforced by the Building Official and Public Works Director. If it is determined that the work does not comply with the provisions of this Section, a Stop Work Order may be issued stopping all work until such time as compliance is ensured.
B. Violations. Any person who causes, conducts, allows, or furnishes equipment or any labor for any grading activities without first obtaining a grading permit required by this Section is in violation of this Section. Any person who fails to comply with any term or condition of an approved grading permit is in violation of this Section. Violations shall be enforced in compliance with Municipal Code Article 1, Chapter 4 (Administrative Citations for Violation of the Code). Violations may also be subject to stop work orders, corrective action orders, and/or the suspension of occupancy permits.
C. Hazards. Whenever the Public Works Director determines that any excavation, embankment, or fill on private property constitutes a hazard to public safety, endangers property, or adversely affects the safety, use or stability of adjacent property, an overhead or underground utility, or a public way, watercourse, or Grading and Drainage 5.50.100
5-52 City of Grover Beach Development Code
Adopted December 16, 2013
drainage channel, or could adversely affect the water quality of any water bodies or watercourses, the owner or other person in control of the subject property shall be contacted and advised of the problem. Upon receipt of written notice from the Public Works Director, the property owner shall repair or eliminate the excavation, embankment or fill so as to eliminate the hazard and conform to the requirements of this Section. (Ord. 13-04)
Stormwater Construction and Post-Construction Management 5.60.010 City of Grover Beach Development Code 5-53
Adopted December 16, 2013
5.60 Stormwater Construction and Post-Construction Management Sections:
5.60.010 - Authority
5.60.020 - Purpose
5.60.030 - Applicability
5.60.040 - Review Authority
5.60.050 - Owner Responsibilities
5.60.060 - Minimum Standards
5.60.070 - Construction Site Stormwater Runoff Control Provisions
5.60.080 - Post-Construction Stormwater Management Provisions
5.60.090 - Violations
5.60.010 Authority
A. The Federal Clean Water Act, the implementing regulations for the National Pollutant Discharge Elimination System (NPDES), and the California Porter-Cologne Water Quality Control Act provide for the regulation and reduction of pollutants discharged to waters of the State and United States by extending NPDES requirements to stormwater and urban runoff discharges to and from the storm drain system.
B. The City is required to enroll as a permittee under the State of California’s Waste Discharge Requirements for Small Municipal Separate Storm Sewer Systems (Order No. 2013-0001-DWQ) and the NPDES General Permit No. CAS000004 (General Permit). Under the provisions of the General Permit, the City is required to possess the necessary legal authority and implement appropriate procedures to regulate the entry of pollutants and non-stormwater discharges into the storm drain system and implement mandatory site design measures to minimize the adverse effects of urbanization and development on watershed processes and beneficial uses resulting from changes in stormwater runoff conditions, and where possible, maintain and/or restore receiving water beneficial uses.
5.60.020 Purpose
A. This Section provides standards to protect and enhance water quality by reducing pollutants in stormwater discharges to the maximum extent practicable. The objectives of this Section are to:
1. Regulate the contribution of pollutants in stormwater discharges;
2. Reduce pollutants in stormwater discharges by guiding, regulating, and controlling the design, construction, use, and maintenance of construction activities with the potential to degrade water resources;
3. Require the construction of permanent stormwater runoff controls to protect water quality and maintain non-erosive hydrologic conditions downstream of construction activity ;
Stormwater Construction and Post-Construction Management 5.60.030 5-54 City of Grover Beach Development Code
Adopted December 16, 2013
4. Require responsibility for and long-term maintenance of structural stormwater control facilities and nonstructural stormwater management; and
5. Enable legal authority to carry out inspection, surveillance, monitoring and enforcement procedures necessary to ensure compliance with this uses.
5.60.030 Applicability
This Section shall apply to all construction activities including but not limited to, projects that require building and/or grading permits.
5.60.040 Review Authority
A. This Public Works Director is authorized to administer, implement, and enforce the provisions of this Section and establish any rules and regulations necessary for the enforcement of this Section.
B. For the purpose of verifying compliance with this Section, the Public Works Director may enter onto private property for the purpose of inspecting, at reasonable times, any facility, equipment, practices, or operations, including:
1. Prior to commencing land disturbance during the rainy season, to ensure all necessary sediment controls are in place;
2. During active construction, to ensure, at a minimum, that BMPs implemented are effective and being maintained, and that pollutants of concern are not being discharged from the construction site;
3. Following construction, to ensure that all temporary BMPS have been removed and disturbed areas have been stabilized;
4. Prior to occupancy, to ensure all Structural Water Quality Treatment, Runoff Retention, and/or Peak Management Controls are constructed in accordance with approved plans;
5. Annually, to ensure that all Structural Water Quality Treatment, Runoff Retention, and/or Peak Management Controls are being implemented and maintained in accordance with approved plans; and
6. Any time there is a reasonable cause to believe a violation of this Section exists.
5.60.050 Owner Responsibilities
Each property owner has the responsibility before, during, and after construction, to ensure compliance with this Section. The property owner also has a responsibility to ensure compliance with local, State, and Federal permitting requirements. No approval shall exonerate the property owner or his agent(s) from the responsibility of complying with the requirements of this Section and other local, State or Federal requirements.
Stormwater Construction and Post-Construction Management 5.60.060 City of Grover Beach Development Code 5-55
Adopted December 16, 2013
5.60.060 Minimum Standards
The standards in this Section are minimum standards; therefore this Section does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants into receiving waters caused by said person. This Section shall not create liability on the part of the City, or any agent or employee thereof for any damages that result from any discharger's reliance on this Section or any administrative decision lawfully made hereunder.
5.60.070 Construction Site Stormwater Runoff Control Provisions A. Purpose. The standards in this Section are intended to prevent construction site discharges of pollutants and adverse impacts on beneficial uses of receiving waters.
It establishes standards and specifications to manage non-point source pollution, soil erosion and sedimentation associated with construction activities.
B. Permit requirements. No land shall be disturbed until a program for preventing construction site discharges of pollutant and impacts on beneficial uses of receiving waters has been approved by the Public Works Director.
1. Projects subject to the Construction General Permit shall submit and implement a site specific Stormwater Pollution Prevention Plan (SWPPP). Construction shall not begin until the WDID Number, issued from the State Water Resources Control Board has been provided to the City.
2. Projects exempt from the Construction General Permit but which may pose a threat to water quality shall develop and implement a Water Pollution Control Plan in compliance with the City’s Standards and Specifications. Projects that may pose a threat to water quality are those projects that:
a. disturb one acre or less; or
b. disturb 5 acres or less and are granted an erosivity waiver and have one or more of the following water quality concerns:
i. potential to discharge directly or indirectly into Meadow Creek or the ocean;
ii. direct contact with groundwater;
iii. have cuts/fills in excess of six feet;
iv. have slopes steeper than 3:1; or
v. implementation by a contractor with a history of non-compliance.
3. Projects exempt from the Construction General Permit but which may pose a negligible threat to water quality shall develop and implement a Water Pollution Control Plan in compliance with the City’s Standards and Specifications.
Projects that pose a negligible threat to water quality have none of the water quality concerns identified in Subsection 2 and may include, but are not limited to, remodeling projects and other interior improvements.
C. During construction, construction activities shall be designed and conducted to minimize runoff of sediment and all other pollutants.
D. Final approval and/or occupancy of a project shall not be granted until all temporary Best Management Practices have been removed from the site.
Stormwater Construction and Post-Construction Management 5.60.080 5-56 City of Grover Beach Development Code
Adopted December 16, 2013
5.60.080 Post-Construction Stormwater Management Provisions A. Purpose. This Section provides standards to reduce pollutant discharges to the maximum extent practicable and to prevent stormwater discharges from causing or contributing to a violation of receiving water quality standards, also known as postconstruction stormwater management. These standards emphasize protecting and, where degraded, restoring key watershed processes to create and sustain linkages between hydrology, channel geomorphology, and biological health necessary for healthy watersheds. Maintenance and restoration of watershed processes impacted by stormwater management is necessary to protect water quality and the beneficial uses of surface and groundwater.
B. Permit requirements. The applicant shall submit a Stormwater Control Plan in compliance with the City’s Standards and Specifications.
Prior to final approval and/or occupancy, the applicant shall submit a Long Term Operation and Maintenance Plan in compliance with the City’s Standards and Specification.
5.60.090 Violations
It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Section. A violation shall be subject to the enforcement actions contained in Municipal Code Article V, Chapter 6 (Illegal Discharges and Illicit Connections), Section 5607 or may be restrained by injunction or otherwise abated in a manner provided by law. (Ord. 13-04)
Attachment 3, Exhibit E
City of Grover Beach Development Code 6-1
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, October 7, 2019, and November 22, 2021, and ____
CHAPTER 6. PROCEDURES
6.10 Permit Application Filing and Processing ........................................................................................ 3
6.10.010 Purpose ....................................................................................................................................... 3
6.10.020 Authority for Land Use and Zoning Decisions ............................................................................ 3
6.10.030 Application Preparation and Filing .............................................................................................. 4
6.10.040 Application Review ...................................................................................................................... 6
6.10.050 Development Evaluation and Staff Reports ................................................................................ 7
6.10.060 Application Fees .......................................................................................................................... 8
6.10.070 Indemnification ............................................................................................................................ 8
6.20 Permit Review and Decisions ............................................................................................................ 9
6.20.010 Purpose ....................................................................................................................................... 9
6.20.020 Administrative Development Permit ............................................................................................ 9
6.20.030 Administrative Use PermitReserved ......................................................................................... 11
6.20.040 Coastal Development Permit .................................................................................................... 11
6.20.050 Emergency Coastal Development Permit ................................................................................. 18
6.20.060 Development Permit ................................................................................................................. 21
6.20.070 Home Occupation Permit .......................................................................................................... 22
6.20.072 Modification to Standards ......................................................................................................... 22
6.20.075 Short-Term Rental Permit ......................................................................................................... 25
6.20.080 Temporary Use Permit .............................................................................................................. 27
6.20.090 Use Permit ................................................................................................................................ 31
6.20.100 Variance .................................................................................................................................... 32
6.20.110 Zoning Clearance ...................................................................................................................... 33
6.30 Permit Implementation, Time Limits, Extensions, and Revocations ........................................... 35
6.30.010 Purpose ..................................................................................................................................... 35
6.30.020 Effective Date of Permits .......................................................................................................... 35
6.30.030 Applications Deemed Approved ................................................................................................ 36
6.30.040 Permit to Run With the Land ..................................................................................................... 36
6.30.050 Performance Guarantees .......................................................................................................... 36
6.10.010 Permit Application Filing and Processing
6-2 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, October 7, 2019, and November 22, 2021, and ____
6.30.060 Time Limits and Extensions ...................................................................................................... 37
6.30.070 Changes to an Approved Development .................................................................................... 38
6.30.080 Permit Revocations ................................................................................................................... 39
6.40 Affordable Housing Streamlined Review ........................................................................................ 41
6.40.010 Purpose ..................................................................................................................................... 41
6.40.020 Eligibility .................................................................................................................................... 41
6.40.030 Exclusions ................................................................................................................................. 42
6.40.040 Certifications ............................................................................................................................. 43
6.40.050 Review Procedure ..................................................................................................................... 44 Permit Application Filing and Processing 6.10.010
City of Grover Beach Development Code 6-3
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, October 7, 2019, and November 22, 2021, and ____
10 Permit Application Filing and Processing
Sections:
6.10.010 - Purpose
6.10.020 - Authority for Land Use and Zoning Decisions
6.10.030 - Application Preparation and Filing
6.10.040 - Application Review
6.10.050 - Development Evaluation and Staff Reports
6.10.060 - Application Fees
6.10.070 - Indemnification
6.10.010 Purpose
The purpose of this Section is to set forth permit procedures and requirements for the preparation, filing, and processing of development applications required by this Development Code. The development review process is designed to provide a consistent and efficient method for the City to implement its General Plan and other adopted goals, policies, and standards.
6.10.020 Authority for Land Use and Zoning Decisions
Table 6.1 (Review Authority), below, identifies the Review Authority responsible for reviewing and making decisions on each type of development application required by this Development Code.
Table 6.1 Review Authority
Type of Action Code Section Review Authority6
Director Commission Council
General Plan Amendment 7.30 Recommend Recommend Decision Local Coastal Program Amendment 7.30 Recommend Recommend Decision1 Development Code Amendment 7.30 Recommend Recommend Decision Financial Assistance Council Policy Recommend No action Decision Administrative Development Permit 6.20.020 Decision Appeal Appeal Administrative Use Permit 6.20.030 Decision Appeal Appeal Coastal Development Permit 6.20.040 Recommend2 Decision Appeal Development Permit 6.20.060 Recommend Decision Appeal
Modification to Standards 6.20.072 Decision7 Appeal7 Appeal Use Permit 6.20.090 Recommend Decision34 Appeal34
Variance 6.20.100 Recommend Decision Appeal
Zoning Clearance 6.20.110 Decision5 -- --
Home Occupation Permit 6.20.070 Decision Appeal Appeal
Short-Term Rental Permit 4.10.185 Decision Appeal Appeal Temporary Use Permit 6.20.080 Decision Appeal Appeal
Interpretations 1.2010.050 Decision Appeal Appeal
6.10.030 Permit Application Filing and Processing
6-4 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, October 7, 2019, and November 22, 2021, and ____
Table 6.1 Review Authority
Type of Action Code Section Review Authority6
Director Commission Council
Note:
1. The decision by the City Council does not take effect until it is certified by the California Coastal Commission.
2. The Director may approve a Coastal Development Permit in compliance with Section 6.20.040.
3. For projects subject to a Zoning Clearance with a Subdivision Map or a Tentative Parcel Map, the Director shall be the Review Authority.
34.The City Council shall be the Review Authority for Use Permits for Commercial Cannabis Retailer and Microbusinesses with retailer uses.
5. The Director’s decision under a Zoning Clearance is a ministerial action and not subject to an appeal.
6. The Review Authority responsible for reviewing and making decisions on each type of permit shall be responsible for making any applicable CEQA determination. A CEQA determination may be appealed to the Council.
7. Items subject to Director review are listed in Section 6.20.072.B.1-7; items subject to Planning Commission review are listed in Section 6.20.072.B.8. Modifications to two or more items listed in Subsection B.1-7 shall be reviewed by the Planning Commission.
6.10.030 Application Preparation and Filing
A. Pre-application conference.
1. An applicant is encouraged to request may submit a pre-application conference review with the Director before completing and filing a development application for major development applications (e.g., residential subdivisions greater than 10 units, mixed-use projects, large non-residential projects, etc.), or to ensure conformity with objective design standards prior to building permit submittal for projects that may be approved with a Zoning Clearance (Section 6.20.110).
2. The purpose of this conference the review for a major development project is to:
a. Inform the applicant of City development and design standards as they apply to the proposed development;
b. Review the City’s permit process, possible development alternatives, or modifications; and
c. Identify information and materials the City typically requires for similar applications, and any necessary technical studies and information relating to the environmental review of the development (if applicable). d. Allow for a presentation to the City Council to receive feedback on a conceptual project design.
3. The purpose of the review for a project that requires a Zoning Clearance is to provide verification that the proposed project is in conformance with objective development and design standards or identify which standards are not in compliance with the Development Code. The applicant may re-submit for an additional review and pay the required fee as established in the Master Fee Schedule.
Permit Application Filing and Processing 6.10.030
City of Grover Beach Development Code 6-5
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, October 7, 2019, and November 22, 2021, and ____
34. Failure by City staff to identify all required studies or all applicable standards does not constitute a waiver of those studies or standards.
45. The pre-application conference review shall not be construed as either a recommendation for approval or denial of the application by the City.
B. Application content. All development applications shall be filed with the Department on a City application form, together with all required fees and/or deposits and all other information and materials specified in the Department’s handouts and/or checklists submittal requirements for the specific type of application and any additional instructions provided by the Director. The Department will prepare required forms and checklists.
C. Eligibility. An application may only be filed by the owner of the property, an authorized agent of the owner, a person acting in compliance with a purchase contract or other written consent, or the Director on behalf of the Council.
D. SB 330 Preliminary Application. The SB 330 Preliminary Application review process was established under the State’s Housing Crisis Act of 2019 and is a specific type of review by the Director. The process provides early identification of all standards and requirements applicable to a project, offering a vesting of standards relative to the time an SB 330 Preliminary Application is submitted. A review under this procedure is subject to all requirements and information and materials listed on the City’s SB 330 Preliminary Application. The availability of this type of review shall sunset on January 1, 2030, unless extended by the State legislature. The preliminary application review process is at the option of a project proponent and may only be implemented when all requirements are satisfied, including all timeframes required for submittal of a formal application. The following outlines the process to be followed:
1. In compliance with Government Code Section 65941.1, a proponent of a multiunit residential development or mixed-use development with a residential component has the option of submitting a Preliminary Application. All of the information listed in City’s SB 330 Preliminary Application form and payment of the Preliminary Application processing fee shall be submitted to the City.
2. If the City determines that the Preliminary Application for the development project is incomplete, the project proponent must submit the specific information needed to complete the application within 90 days of receiving the City’s written identification of the necessary information. If the project proponent does not submit this information within the 90-day period, then the preliminary application shall expire and have no further force or effect, and if any portion of the ministerial design review was completed or approved, it shall be deemed null and void.
3. After submittal of all of the information required, if the project proponent revises the project to change the number of residential units or square footage of construction changes by 20 percent or more, excluding any increase resulting
6.10.040 Permit Application Filing and Processing
6-6 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, October 7, 2019, and November 22, 2021, and ____
from Density Bonus Law, the development proponent must resubmit the required information so that it reflects the revisions.
4. The project proponent shall submit a formal application for a development project within 180 calendar days of submitting a complete preliminary application. If the City determines that the formal application for the development project is incomplete, the project proponent shall submit the specific information needed to complete the application within 90 days of receiving the City’s written identification of the necessary information. If the project proponent does not submit this information within the 90-day period, then the preliminary application shall expire and have no further force or effect, and any such ministerial design review approval shall be deemed null and void.
5. If the applicant revises the project between the Preliminary Application phase and the formal application phase such that the number of residential units or square footage of construction changes by 20 percent or more, exclusive of any increase resulting from the receipt of a density bonus, incentive, concession, waiver, or similar provision, the project shall not be deemed to have submitted a Preliminary Application, in satisfaction of State and City requirements, until the project proponent resubmits the required information.
6.10.040 Application Review
A. Determination of completeness. The Director shall review each application for completeness and accuracy before it is considered officially filed. The Director's determination of completeness shall be based on the Department’s submittal requirements and any additional instructions provided by the Director.
1. Notification of Applicant. As required by Government Code Section 65943, within 30 calendar days of application filing, the applicant shall be informed in writing that the application is complete and has been accepted for processing or that the application is incomplete and that additional information shall be provided to complete the application process.
2. Appeal of determination. Where the Director has determined that an application is incomplete, and the applicant believes that the application is complete and/or that the information requested by the Director is not required, the applicant may appeal the determination in compliance with Section 7.20 (Appeals).
3. Time for submittal of additional information. When an application is incomplete, the time used by the applicant to submit the required additional information shall not be considered part of the time within which the determination of completeness shall occur.
4. Expiration of application. If an applicant fails to provide the additional information specified in the incompleteness letter within six months, the application shall Permit Application Filing and Processing 6.10.050
City of Grover Beach Development Code 6-7
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, October 7, 2019, and November 22, 2021, and ____
expire and be deemed withdrawn. At which time, the Director may authorize a partial refund based upon the pro-rated costs to-date at the time of withdrawal.
The Director may grant one six-month extension, if requested in writing by the applicant prior to the date of expiration. After the expiration of an application, development approval shall require the submittal of a new, complete application, together with all required deposits and/or fees.
5. Environmental information. After an application has been accepted as complete, the Director may require the applicant to submit additional information needed for the environmental review of the development.
B. Determination of Coastal Development Permit notice and hearing. For developments proposed within the Coastal Zone (Section 6.20.040 Coastal Development Permits), the Director shall make the determination as to whether the development is categorically excluded, non-appealable, or appealable for the purposes of notice, hearing, and appeal procedures, at the same time that completeness review occurs in compliance with Subsection A.
6.10.050 Development Evaluation and Staff Reports
A. Staff evaluation. The Director shall review applications to determine whether they are consistent with the General Plan, this Development Code, and other City goals, policies, and standards, as applicable.
A. Referral of application. At the discretion of the Director, or where otherwise required by this Development Code or State or Federal law, an application may be referred to any public agency that may be affected by or have an interest in the proposed development.
B. Concurrent applications.
1. Concurrent filing. An applicant for a development that requires the filing of more than one application (e.g., Tentative Subdivision Map, Use Permit, etc.), shall file all related applications concurrently, together with all application fees and/or deposits required by Section 6.10.060 (Application Fees).
2. Concurrent processing. Multiple development applications for the same development project shall be processed concurrently and shall be reviewed and approved or denied by the highest Review Authority designated by this Development Code for any of the applications in Table 6.1 (e.g., a development for which applications for Development Code Amendment and a Use Permit are filed shall have both applications decided by the Council, instead of the Commission acting upon the Use Permit as otherwise provided by Table 6-1).
C. Staff report. Where appropriate, the Director shall provide a written recommendation to the applicable Review Authority on the disposition of the application.
6.10.060 Permit Application Filing and Processing
6-8 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, October 7, 2019, and November 22, 2021, and ____
6.10.060 Application Fees
A. Fee schedule. The Council shall establish a schedule of fees for the processing of the applications required by this Development Code, which shall be listed in the City's Master Fee Schedule. Fees are intended to allow recovery of all costs incurred by the City in processing development applications.
B. Timing of payment. The City will not process an application until all required fees or deposits have been paid. If at any time during the review process deposits are insufficient to cover the City’s costs of processing the application, the City shall cease processing until additional funds are submitted.
C. Refunds and withdrawals. Application fees cover City costs for public hearings, mailings, staff time, and the other activities involved in processing applications. Fees are not refundable in the event of denial by the Review Authority. In the case of a withdrawal, the Director may authorize a partial refund based upon the pro-rated costs to-date at the time of withdrawal.
6.10.070 Indemnification
A. Applicant agreement. At the time of submitting a development application, the applicant shall agree to defend, indemnify, and hold harmless the City and its agents, attorneys, employees, and officers, from any action, claim, loss, or proceeding brought against the City or its agents, employees, and officers to attack, set aside, void, or annul a discretionary land use approval of the City. The required indemnification shall include damages awarded against the City, if any, costs of suit, attorney's fees, and other costs and expenses incurred in connection with the action.
B. City notification of applicant. In the event that an action, claim, or proceeding referred to in Subsection A. above is brought, the City shall promptly notify the applicant of the existence of the action, claim, or proceeding and shall cooperate fully in the defense of the action, claim, or proceeding.
C. City participation in defense. Nothing in this Section shall prohibit the City from participating in the defense of any action, claim, or proceeding, if the City elects to bear its own attorney's fees and costs.
Permit Review and Decisions 6.20.010
City of Grover Beach Development Code 6-9
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, October 7, 2019, and November 22, 2021, and ____
20 Permit Review and Decisions
Sections:
6.20.010 - Purpose
6.20.020 - Administrative Development Permit
6.20.030 - Administrative Use Permit Reserved
6.20.040 - Coastal Development Permit
6.20.050 - Emergency Coastal Development Permit
6.20.060 - Development Permit
6.20.070 - Home Occupation Permit
6.20.075 – Short-Term Rental Permit
6.20.080 - Temporary Use Permit
6.20.090 - Use Permit
6.20.100 - Variance
6.20.110 - Zoning Clearance
6.20.120 - Modifications to Standards
6.20.010 Purpose
This Section provides procedures for the review and approval or denial of development applications and other review requirements established by this Development Code. The procedures of this Section are carried out after those described in Section 6.10 (Permit Application Filing and Processing).
6.20.020 Administrative Development Permit
A. Purpose. This Section establishes procedures for Administrative Development Permits for minor additions and uses alterations to ensure that development and design standards are met. that may be needed to avoid or minimize potential negative impacts on the surrounding area.
B. Applicability
1. When required. An Administrative Development Permit is required to authorize land uses for the following types of projects:
a. Additions to existing multi-family dwellings.
b. 1. Additions to non-residential buildings no greater than 1,000 square feet. c. 2. Alterations to non-residential building elevations that are visible from a public street.
d. 3. Alterations to non-residential sites (e.g., landscaping, parking). e. Conversion of a commercial unit to a residential dwelling. f. 4. Grading permits when not associated with a building permit or other development permits.
6.20.020 Permit Review and Decisions
6-10 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, October 7, 2019, and November 22, 2021, and ____
g. 5. As required by other Sections of this Development Code.
2. Exceptions. The following are exempt from the requirements of an Administrative Development Permit:
a. Accessory structures, fences, and walls erected in compliance with this Development Code.
C. Review Authority. The Director shall approve, conditionally approve, or deny an Administrative Development Permit application. The Director may also refer the application to the Commission.
D. Application requirements. An application for an Administrative Development Permit shall be prepared, filed, and processed in compliance with Section 6.10 (Permit Application Filing and Processing).
E. Public Notice, Hearing, and Appeals for Administrative Development Permits. and hearing. A public notice and hearing shall not be required for the Director’s decision on an Administrative Development Permit application.
1. Notice Required. Notice of the intent by the Director to approve an Administrative Development Permit application, or approve with conditions, shall be mailed by the Director to the applicant and all owners of property within 100 feet of the exterior boundaries of the subject property. The notice shall state that any interested party may file an appeal to the Planning Commission of the Director’s intended decision within the 10-day period stated in the notice. In the event the Director acts to deny the application, no public notice shall be required.
However, the Director shall notify the applicant of the right to appeal the denial to the Planning Commission.
2. Appeals. If an appeal is received, the Director shall schedule the appeal for a public hearing before the Planning Commission at the next available Commission hearing in accordance with Section 7.10 (Public Hearings). The person filing the appeal shall pay the fee as established in the Master Fee Schedule.
3. Hearings. No public hearing shall be required for a Director-approved Administrative Development Permit.
F. Findings. The Director may approve an Administrative Development Permit only after making all of the following findings:
1. The proposed development is consistent with the General Plan, this Development Code, and other City goals, policies, and standards, as applicable.
2. The For non-residential development, the subject site is physically suitable in terms of design, operating characteristics, shape, size, and topography.
3. The proposed development will not constitute a hazard to the public, health, safety, or welfare.
Permit Review and Decisions 6.20.030
City of Grover Beach Development Code 6-11
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, October 7, 2019, and November 22, 2021, and ____
G. Conditions of Approval. In approving an Administrative Development Permit, the Director may impose conditions of approval to ensure that the development will comply with the findings required by Subsection F (Findings).
6.20.030 Administrative Use Permit Reserved
A. Purpose. This Section establishes procedures for Administrative Use Permits for uses that may only be appropriate on particular sites and/or may need to be carefully designed to avoid or minimize potential negative impacts on the surrounding area.
B. Applicability. An Administrative Use Permit is required to authorize land uses as specified in Chapter 2 (Zones and Allowable Land Uses) or as required by other Sections of this Development Code.
C. Review Authority. The Director is authorized to approve, conditionally approve, or deny Administrative Use Permit applications.
D. Application requirements. An application for an Administrative Use Permit shall be prepared, filed, and processed in compliance with Section 6.10 (Permit Application Filing and Processing).
E. Notice and hearing. Notice of the public hearing shall be provided and the hearing shall be conducted in compliance with Section 7.10 (Public Hearings).
F. Findings. The Director may approve an Administrative Use Permit only after making all of the following findings:
1. The proposed development is consistent with the General Plan, this Development Code, and other City goals, policies, and standards, as applicable.
2. The subject site is physically suitable in terms of design, operating characteristics, shape, size, and topography.
G. Conditions of Approval. In approving an Administrative Use Permit, the Director may impose conditions of approval to ensure that the development will comply with the findings required by Subsection E (Findings).
6.20.040 Coastal Development Permit
A. Purpose. This Section establishes the process for the review of all development that requires a Coastal Development Permit to ensure that it will be consistent with the provisions of the City’s Local Coastal Program, the California Coastal Act and the California Code of Regulations Title 14 Division 5.5.
B. Applicability.
1. Coastal Development Permit required. A Coastal Development Permit is required to authorize any development located in the Coastal Zone in accordance with the provisions of this Section, except as otherwise provided in Subsection 2
6.20.040 Permit Review and Decisions
6-12 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, October 7, 2019, and November 22, 2021, and ____
(Exemptions). “Development” for purposes of this Section is defined in Section
9.10.030 (Coastal Act Definitions). The requirements for obtaining a Coastal Development Permit shall be in addition to requirements to obtain any other permits required by this Development Code.
2. Exemptions. The following projects shall not require a Coastal Development Permit.
a. Occupancy permits.
b. Development exempted by Public Resources Code Section 30106 and 30610, except as otherwise specified by the Coastal Commission in Title 14 of the California Code of Regulations, Chapter 6, Section 13250, 13252, and 13253 and any amendments thereafter adopted.
c. Harvesting of agricultural crops.
C. Review Authority. The Commission is authorized to issue Coastal Development Permits for appealable and non-appealable projects that require a public hearing.
The Director is authorized to issue Coastal Development Permits for non-appealable projects that do not require a public hearing.
The City does not have jurisdiction to issue Coastal Development Permits for the following:
1. Development projects located in tidelands, submerged lands, and public trust lands as described in Section 30519(b) of the Public Resources Code and described as areas of Coastal Commission Permit Jurisdiction illustrated on the Local Coastal Program Post-Certification Permit and Jurisdiction Map as amended.
2. Coastal Development Permits issued by the Coastal Commission including condition compliance. Where either new development, or a modification to existing development, is proposed on a site where development was authorized in a Coastal Commission issued Coastal Development Permit either prior to certification of the LCP or through a de novo action on an appeal of a City approved Coastal Development Permit and the permit has not expired or been forfeited, the applicant shall apply to the City for the Coastal Development Permit except for:
a. Requests for extension, reconsideration and revocation of the Coastal Commission issued permits;
b. Development that would lessen or negate the purpose of any specific permit condition, any mitigation required by recorded documents, any recorded offer to dedicate or grant of easement or any restriction/limitation or other mitigation incorporated through the project description by the permittee of a Coastal Commission issued Coastal Development Permit.
In any of these circumstances, the applicant must seek to file an application with the Coastal Commission for an amendment to the Coastal Commission issued Coastal Permit Review and Decisions 6.20.040
City of Grover Beach Development Code 6-13
Adopted October 15, 2012
Amended July 21, 2014, May 15, 2017, January 8, 2018, May 21, 2018, March 18, 2019, June 17, 2019, October 7, 2019, and November 22, 2021, and ____
Development Permit and authorization for the proposed new development or modification to existing development. The Coastal Commission will determine whether the application for amendment shall be accepted for filing pursuant to the provisions of Title 14 California Code of Regulations, Section 13166.