D. Application Requirements. An application for a Coastal Development Permit shall be prepared, filed, and processed in compliance with Section 6.10 (Permit Application Filing and Processing).
E. Determination of permit category. The Director shall determine if the proposed project requires a Coastal Development Permit and, if so, determine whether the project is appealable to the Coastal Commission, and determine the applicable review procedures as established herein. This determination may be appealed in compliance with Subsection 1 (Appeal of permit category determination).
1. Appeal of permit category determination. Where an applicant or interested person, including the City and the Coastal Commission staff have a question as to whether a development is exempted, excluded, non-appealable, or appealable, the following procedures shall establish whether a development is exempted, excluded, non-appealable or appealable:
a. The Director shall make a determination as to what type of development is being proposed (i.e. appealable, non-appealable) and shall inform the applicant of the notice and hearing requirements for that particular development.
b. If the determination of the Director is challenged by the applicant or an interested person, or if the City wishes to have a Coastal Commission determination as to the appropriate designation, the Director shall notify the District Director of the Central Coast District Office of the Coastal Commission by telephone or in writing of the dispute/question and shall request the Executive Director's determination as to whether the development is categorically excluded, non-appealable or appealable. c. The Executive Director of the Coastal Commission shall, within two working days of the local government request (or upon completion of a site inspection where such inspection is warranted), transmit a determination as to whether the development is categorically excluded, non-appealable or appealable. d. Where, after the Executive Director's investigation, the Executive Director's determination is not in accordance with the City Director’s determination, the Coastal Commission shall hold a hearing for purposes of determining the appropriate designation for the area. The Commission shall schedule the hearing on the determination for the next Commission meeting (in the appropriate geographic region of the state) following the Executive Director’s determination.
6.20.040 Permit Review and Decisions
6-14 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, October 7, 2019, and November 22, 2021, and ____
F. Public hearing. At least one public hearing shall be held by the Commission on each application for appealable development as defined in Section 9.10 (Definitions) of this Development Code.
1. Such hearing shall occur no earlier than 10 calendar days following the mailing of the notice required in Subsection G. The public hearing may be conducted in accordance with existing City procedures or in any other manner reasonably calculated to give interested persons an opportunity to appear and present their viewpoints, either orally or in writing.
2. If a decision on a Coastal Development Permit is continued by the City to a time which is neither (a) previously stated in the notice provided pursuant to Subsection G, nor (b) announced at the hearing as being continued to a time certain, the City shall provide notice of the further hearings (or action on the proposed development) in the same manner, and within the same time limits as established in Subsection G.
3. Any person may submit written comments to the Director on an application for a Coastal Development Permit, or on an appeal of a Coastal Development Permit, at any time prior to the close of the public hearing. If no public hearing is required, written comments may be submitted prior to the decision date specified in the public notice. The Director shall forward the written comments to the appropriate Review Authority and the applicant.
G. Public notice.
1. Notice of Appealable & Non-Appealable Developments – Public Hearing Required.
a. Notice of an application for a Coastal Development Permit that is appealable or non-appealable and requires a public hearing shall be provided at least 10 calendar days prior to the first public hearing on the development proposal as follows:
i. Notice shall be published in a newspaper of general circulation; ii. Notice by first class mail to any person who has filed a written request to be on the mailing list for that development project or for coastal decisions within the City; or any local, regional and state agencies known to be interested in the project;
iii. Notice by first class mail to all property owners within 300 feet and to all residents within 100 feet of the proposed project;
iv. Notice by first class mail to the Central Coast District of the Coastal Commission.
b. The notice shall contain the following information:
i. A statement that the development is within the Coastal Zone; ii. The name of the applicant;
Permit Review and Decisions 6.20.040
City of Grover Beach Development Code 6-15
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 ____
iii. The application number;
iv. A description of the development and its proposed location; v. The date, time and place at which the application will be heard by the city Review Authority;
vi. A brief description of the general procedure concerning the conduct of hearing and local actions;
vii. The procedures for filing local and Coastal Commission appeals, if applicable, including any local fees required.
2. Notice of Non-Appealable Developments – No Public Hearing Required a. Notice of an application for a Coastal Development Permit that is not appealable and does not require a public hearing shall be provided at least 10 calendar days prior to the Director taking action on the development proposal as follows:
i. Notice by first class mail to all property owners and residents within 100 feet of the proposed project;
ii. Notice by first class mail to any person who has filed a written request to be on the mailing list for that development project or for coastal decisions within the City;
iii. Notice by first class mail to the Central Coast District of the Coastal Commission.
b. The notice shall contain the following information:
i. A statement that the development is within the Coastal Zone; ii. The name of the applicant;
iii. The application number;
iv. A description of the development and its proposed location; v. The date the application will be acted upon by the Review Authority; vi. The general procedure for submitting comments prior to the Review Authority taking action on the proposed development;
vii. A statement that any comments must be received within ten calendar days of the notice date.
H. Required findings. The approval shall require that the Review Authority make all of the following findings:
a. The proposed development as modified by any conditions of approval, is in conformity with the City’s certified Local Coastal Program and will not adversely affect coastal resources;
6.20.040 Permit Review and Decisions
6-16 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, October 7, 2019, and November 22, 2021, and ____
b. If the project is located between the first public road and the sea, that the project is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act of 1976 (commencing with Sections 30200 of the Public Resources Code);
c. Feasible mitigation measures and/or alternatives have been incorporated to substantially lessen any significant adverse effects of the development on the environment;
d. The proposed use is consistent with the purposes of the zone in which the site is located;
e. The proposed development is in conformance with the City’s General Plan; d. The proposed development is consistent with the General Plan, this Development Code, and other City goals, policies, and standards, as applicable.
f e. The proposed location of the use and conditions under which it may be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity; and
g f. Public services are adequate to serve the proposed development.
2. Conditions of approval. The Review Authority may impose any reasonable conditions to ensure that the approval will comply with the findings required by Subsection H.
I. Final City Action on a Coastal Development Permit.
1. Finality of City action. The City's decision on an application for a Coastal Development Permit shall not be deemed final until:
a. The City's decision on the application has been made; b. All required findings have been adopted that the proposed development is or is not in compliance with the certified Local Coastal Program and, where applicable, with the public access and recreation policies of Chapter 3 of the Coastal Act; and
c. All rights of local appeal identified in Section 7.020.040 (Appeals to the Coastal Commission) have been exhausted.
2. Notice procedures of Final City Action.
a. Final City action. Within seven calendar days of a final City action on a Coastal Development Permit application, the City shall provide notice of its action by first class mail to the Central Coast District office of the Coastal Commission and to any person who specifically requested this notice. The notice shall include the conditions of approval, written findings, and the procedures for appeal of the local decision to the Coastal Commission, if applicable.
Permit Review and Decisions 6.20.040
City of Grover Beach Development Code 6-17
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 ____
b. Failure of City to act in a timely fashion. If the applicant believes that the City failed to act on an application within the time limits in Government Code Sections 65950 through 65957.1, which provide that permit applications are deemed approved if the permitting agency has not acted within specified deadlines, and which further provide that a project cannot be deemed approved without the public notice required by law, the applicant shall notify the City, all interested persons, and the Coastal Commission, in writing, of the claim that the development has been approved by operation of law. The notice shall specify the application that is claimed to be approved, the time, date, and place when the application was filed and deemed complete, and language stating the permit will be approved if the City does not act within 60 days.
c. Notice of City failure to act. When the City receives a notice that the time limits established in compliance with Government Code Sections 65950 through 65957.1 have expired, the City shall act on the application within 60 days of receipt of the notice required by law. If the City fails to act within 60 days of receipt of the notice required by law, the City shall notify the Commission and any person entitled to receive notice that the application has been locally approved by operation of law in compliance with Government Code Sections 65950 through 65957.1. The appeal period to the Coastal Commission for a project locally approved by operation of law shall begin to run only upon the receipt of the City notice in the Coastal Commission's office.
3. Effective date. The final action by the City on a Coastal Development Permit application for appealable development shall become effective after the 10 working day Coastal Commission appeal period, unless either of the following occur:
a. An appeal is filed in compliance with Section 7.20.040 (Appeals to the Coastal Commission);
b. The notice of final City action does not comply with the requirements of Subsection 2.a.
c. When either of the circumstances in (a) or (b) occur, the Coastal Commission shall, within five calendar days of receiving notice of that circumstance, notify the City and the applicant that the effective date of the City action has been suspended.
J. Waiver of Coastal Permit Public Hearing for Minor Development This Section provides for the waiver of a public hearing on a Coastal Development Permit for development that is appealable to the Coastal Commission, in compliance with Public Resources Code Section 30624.9. This Section shall not be used to waive the requirement for a public hearing on any other permit required by this Development Code to have a public hearing.
6.20.050 Permit Review and Decisions
6-18 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, October 7, 2019, and November 22, 2021, and ____
1. Applicability. The Director may waive the requirement for a public hearing on a Coastal Development Permit application for a minor development that is appealable to the Coastal Commission. For purposes of this section, “minor development” means a development which the City determines satisfies all of the following requirements:
a. Is consistent with the certified Local Coastal Program; b. Requires no discretionary approval other than a Coastal Development Permit; and
c. Has no adverse effects, either individually or cumulatively, on coastal resources or public access to the shoreline or along the coast.
2. Criteria for waiver. A public hearing may be waived for minor development only if both of the following occur:
a. Notice that a public hearing shall be held upon request by any person is provided by the City to all persons who would otherwise be required to be notified of a public hearing by Section 7.10 (Public Hearings), as well as any other persons known to be interested in receiving notice; and b. No request for public hearing is received by the City within 15 working days from the date of the City sending the notice required by paragraph (a). (Am.
Ord. 14-04)
3. Content of notice. The notice required by Subsection 2.a shall include a statement that failure by a person to request a public hearing may result in the loss of that person's ability to appeal to the Coastal Commission any action taken by the City on a development application.
4. Second residential units do not require a public hearing consistent with the applicable provisions of Government Code Section 65852.2 K. Coastal Development Permit Amendments. Upon application by the permittee, a Coastal Development Permit may be amended. Application for an amendment shall be accomplished in the same manner specified by this Section for the initial application of the Coastal Development Permit.
L. Post approval procedures. The procedures and requirements in Section 7.30 (Permit Implementation, Time Limits, Extensions, and Revocations), and those related to appeals in Chapter 7 (Administration), shall apply following the decision on an application for a Coastal Development Permit.
6.20.050 Emergency Coastal Development Permit
A. Purpose. This Section provides procedures for the issuance of Emergency Coastal Development Permits deemed necessary to perform work to resolve problems resulting from a situation falling within the term “emergency” as defined in Section
9.10.030 (Definitions).
Permit Review and Decisions 6.20.050
City of Grover Beach Development Code 6-19
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 ____
B. Applicability. When immediate action by a person or public agency is required to resolve an emergency, requirements to obtain the otherwise appropriate development applicationpermit may be waived by the Director upon receiving notification of the emergency, identification of the type of work required to resolve the emergency, and the location of work to be performed.
1. The Director shall not issue an Emergency Coastal Development Permit for any work to be conducted on any tidelands, submerged lands, or on public trust lands, whether filled or unfilled. Requests for emergency work in these areas shall be referred directly to the Coastal Commission.
C. Review Authority. The Director, Public Works Director or City Manager shall have the discretion to grant Emergency Coastal Development Permits in compliance with this Section.
D. Method and content of notification. Notification of the emergency to the Director shall be by letter or facsimile, if time allows, or by telephone or personal contact, if time does not allow. The person notifying the Director shall report to their best knowledge:
1. The nature and location of the emergency;
2. The cause of the emergency, insofar as this can be established;
3. The remedial, protective, or preventative work required to resolve the emergency;
4. The circumstances during the emergency that appeared to justify the proposed courses of action; and
5. The probable consequences of failing to take the actions necessary to resolve the emergency.
E. Verification.
1. The Director shall verify that an emergency does exist, insofar as time allows.
2. The Director and the person or public agency that made the notification shall document the facts related to the emergency.
F. Public notice. The Director shall provide public notice of the proposed emergency actions as determined to be appropriate by the Director based on the nature of the emergency.
G. Findings.
1. Required findings. The Director may approve an Emergency Coastal Development Permit upon reasonable terms and conditions, including an expiration date and the necessity for a regular Coastal Development Permit application later, if the Director finds that:
6.20.050 Permit Review and Decisions
6-20 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, October 7, 2019, and November 22, 2021, and ____
a. An emergency exists that requires action more quickly than allowed by City procedures customarily required for the processing of appropriate development applicationpermits and the development shall be completed within 30 days, unless otherwise specified in the terms of the permit (Am. Ord. 14-04);
b. Public comment has been considered regarding the emergency and the proposed actions, if time allows;
c. The work is consistent with the nature of the emergency, and the requirements of the certified Local Coastal Program; and d. The work proposed is the minimum action necessary to address the emergency and, to the maximum extent feasible, is the least environmentally damaging temporary alternative for addressing the emergency.
2. Conditions of approval. If granted, an Emergency Coastal Development Permit shall be subject to reasonable and necessary terms and condition and shall be a written document that includes the following information:
a. Language clearly indicating that the work accomplished under an Emergency Coastal Development Permit is considered temporary until authorized by a follow-up regular Coastal Development Permit and that issuance of an Emergency Coastal Development Permit shall not constitute an entitlement to the erection of permanent development or structures;
b. The date of issuance and an expiration date for the Emergency Coastal Development Permit;
c. The scope of work to be performed;
d. Terms and conditions of the permit;
e. A provision stating that within 90 days of issuance of the Emergency Coastal Development Permit, a regular Coastal Development Permit application shall be submitted and properly filed consistent with the requirements of this Chapter; and
f. A provision that states that: The development authorized in the Emergency Coastal Development Permit must be removed unless a complete application for a regular Coastal Development Permit is filed within 90 days of approval of the emergency permit and said regular permit is approved. If a regular Coastal Development Permit authorizing permanent retention of the development is denied, then the development that was authorized in the Emergency Coastal Development Permit, or the denied portion of the development, must be removed. The Emergency Coastal Development Permit may contain conditions for removal of development or structures if they Permit Review and Decisions 6.20.060
City of Grover Beach Development Code 6-21
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 ____
are not authorized in a regular Coastal Development Permit, or the emergency permit may require that a subsequent permit must be obtained to authorize the removal.
The violation of any condition of approval shall constitute a violation of this Section and may constitute grounds for revocation of the permit.
H. Reporting.
1. The Director shall report, in writing or orally, to the Council at each regular meeting of the Council while an Emergency Permit is in effect. The report shall state the nature of the emergency, the progress of the work to resolve the emergency, and any other pertinent information.
2. The Director shall report, in writing, the issuance of Emergency Permits to the Coastal Commission within three days following the date of issuance.
3. Copies of any written report shall be available at the Council meetings and shall be mailed to all persons who have requested notification and associated reports in writing.
6.20.060 Development Permit
A. Purpose. This Section establishes procedures for Development Permits for new development and major additions to ensure that all development and design standards are met that may 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. The following types of projects require approval of a Development Permit (a Use Permit approval may also be required for a defined land use within this Development Code):
1. When required. A Development Permit review is required to authorize land uses for the following types of projects:
a. New multi-family development
1. Residential development projects with five or more dwelling units.
2. Mixed-use development projects with 10 or more dwelling units. b. 3. New non-residential development or redevelopment. c. New construction or additions to single-family dwellings in single family residential zones located north of West Grand Avenue that exceed 15 feet in height as measured at the highest point of the lot at the buildings edge. d. 4. Additions to non-residential buildings greater than 1,000 square feet. e. 5. Conversion of a residential dwelling to a commercial use.
6.20.070 Permit Review and Decisions
6-22 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, October 7, 2019, and November 22, 2021, and ____
6. Conversion of existing multi-unit dwellings using fractional density into ten or more additional dwelling units.
f. 7. As required by other Sections of this Development Code.
2. Exceptions. The following are exempt from the requirements of a Development Permit:
a. Accessory structures, fences, and walls erected in compliance with this Development Code.
C. Review Authority. The Commission is authorized to approve, conditionally approve, or deny Development Permit applications.
D. Application requirements. An application for a Development 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 Commission may approve a Development Permit application 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 site’s suitability ensures that the type and intensity of use being proposed development will not constitute a hazard to the public, health, safety, or welfare.
4. For development in the R1, CR1, and CPR1 zones that exceed 15 feet in height, the proposed development will not substantially obstruct views from adjacent properties.
G. Conditions of Approval. In approving a Development Permit, the Commission may impose conditions of approval to ensure that the development will comply with the findings required by Subsection F (Findings).
6.20.070 Home Occupation Permit
A. Purpose. This Section establishes procedures and standards for Home Occupation Permits for legal commercial enterprise conducted by an occupant(s) of a dwelling as specified in this Section. These activities may be acceptable if reviewed and appropriately conditioned in compliance with this Section.
B. Applicability. The Home Occupation Permit is intended to permit and regulate home occupations that are conducted within a legally established dwelling. The Permit Review and Decisions 6.20.070
City of Grover Beach Development Code 6-23
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 ____
Home Occupation Permit is only valid for the person to whom it is issued at the application address.
C. Review Authority.
1. The Director is authorized to issue Home Occupation Permits. The Director shall approve, conditionally approve, or deny Home Occupation Permits.
2. In conjunction with the Home Occupation Permit, the applicant shall obtain a Business Tax Certificate in compliance with Municipal Code Article X.
D. Application requirements. An application for a Home Occupation Permit shall be prepared, filed, and processed in compliance with Section 6.10 (Permit Application Filing and Processing). It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection I below.
E. General standards. Home occupations shall conform to the following standards:
1. The home occupation shall be clearly an accessory use to the full-time use of the property as a residence.
2. A home occupation may have a maximum of one employee on-site in addition to the full-time residents of the dwelling.
3. All home occupation activities shall not occupy more than 25 percent of the total floor area of the dwelling, or a maximum of 500 square feet, whichever is less. A garage may be used for home occupation purposes only if the required off-street parking spaces are continually maintained.
4. There shall be no signs posted on the property associated with the home occupation.
5. There shall be no window display or outdoor storage or display of equipment, materials, or supplies associated with the home occupation.
6. There shall be no motor vehicles used or kept on the premises, except residents’ passenger vehicles and/or one commercial vehicle not exceeding an unladen weight of 4,500 pounds. The vehicle shall be parked on-site (i.e., the vehicle shall not be parked on the street) within an allowed parking area.
7. No home occupation activity shall create or cause dust, electrical interference, fumes, gas, glare, light, noise, odor, smoke, toxic/hazardous materials, vibration, or other hazards or nuisances as determined by the Director.
8. Activities conducted and equipment or materials used shall not change the fire safety or occupancy classifications of the property. The use shall not employ the storage of explosive, flammable, or hazardous materials beyond those normally associated with a residential use.
6.20.070 Permit Review and Decisions
6-24 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, October 7, 2019, and November 22, 2021, and ____
9. The use shall not require any exterior modifications to the structure not customarily found in a dwelling, nor shall the home occupation activity be visible from a public street or surrounding properties.
F. Permitted Uses. The following uses shall be considered permitted:
1. Office-only uses (e.g., professional services, electronic commerce, etc.) where the business activity typically includes phone calls, use of computers, and paperwork.
2. Arts and crafts work (e.g., small handcrafted items, painting, photography, etc.).
3. Repair of small non-hazardous items (e.g., sewing, jewelry, clocks, computer repair, etc.) for mobile businesses where customers do not visit the dwelling.
4. Music, dance, physical and educational instruction limited to five students or less and no more than three classes per day between the hours of 7:00 a.m. and 10:00 p.m. conducted within the residence (i.e., not within a garage, accessory structure or outdoors).
5. Other uses similar to the above uses as determined by the Director.
G. Prohibited Uses. The following uses shall be prohibited:
1. On-site sales of products or services, unless otherwise specifically allowed in this Section.
2. Automotive and other vehicle repair (e.g., boats, motorcycles, trucks, etc.) and service (body or mechanical), detailing, painting, storage, or upholstery.
3. Welding and machine shop operations.
4. Personal services and personal services-restricted (as defined in Chapter 9 Definitions).
5. Uses that require explosives, highly combustible materials, or toxic materials.
6. Carpenter, wood working, or cabinet making.
7. Wood cutting businesses.
8. Medical and dental offices.
9. Veterinary clinics, animal hospitals and animal boarding.
10. Construction contractor facilities and/or outside storage. An office only use is allowed in compliance with Subsection F.1.
11. Adult businesses.
12. Other uses determined by the Director to be similar to those listed above and/or not compatible with residential uses.
H. Notice and hearing. A public notice and hearing shall not be required for the Director’s decision on a Home Occupation Permit.
Permit Review and Decisions 0
City of Grover Beach Development Code 6-25
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 ____
I. Findings. The Director may approve a Home Occupation Permit subject to all of the following findings:
1. The proposed use is compatible with the surrounding residential uses.
2. The proposed use is clearly an accessory use to the primary use as a full-time residence.
3. The proposed use does not alter the residential character of the dwelling and property.
4. The proposed use will not constitute a hazard to the public, health, safety, or welfare.
J. Conditions of Approval. In approving a Home Occupation Permit application, the Director may impose conditions or terms deemed reasonable and necessary to ensure that the approval would be in compliance with the purpose of this Section. If the Home Occupation Permit application is not operated consistent with the requirements of this Section, it may be revoked as specified in Section 6.30.080 (Permit Revocations).
6.20.072 Modification to Standards
A. Purpose. This purpose of this Section is to provide the flexibility necessary to allow for minor deviations or exceptions from development standards and/or objective design standards applicable to development to respond to unique conditions of a property or project or to the conditions on adjacent properties, that constitute a reasonable use or development of a property that will be compatible with surrounding uses and development.
B. Applicability. An application for Modification to Standards may only be submitted for the following:
1. Decrease of up to 20 percent of a front or street side setback, but in no event shall a structure be located closer than three feet from the property line.
2. Increase of up to one foot in the height of a fence or wall located in a side or rear setback.
3. An increase of up to eight feet above the maximum building height for architectural features, mechanical equipment, and an elevator shaft or stairway.
4. Decrease of up to 10 percent in the dimensions for aisles, driveways, or parking spaces.
5. Decrease in the required landscape coverage.
6. Increase in allowed paving for parking in front and street side setback areas in residential zones to accommodate required parking.
0 Permit Review and Decisions
6-26 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, October 7, 2019, and November 22, 2021, and ____
7. For additions and alterations to existing dwelling unit(s), an alteration, relief, or substitution required by an objective design standard listed in Section 4.25 (Residential Objective Design Standards).
8. For new dwelling unit(s), an alteration, relief, or substitution required by an objective design standard listed in Section 4.25 (Residential Objective Design Standards).
C. Review Authority
1. Outside of Coastal Zone. The Director is authorized to approve, conditionally approve, or deny Modification to Standards for a singular minor exception to a development standard pursuant to Subsection B (items 1 through 7). Only the Planning Commission is authorized to approve, conditionally approve, or deny Modification to Standards seeking any type of exception from an objective design standard pursuant to Subsection B.8 and/or more than two minor exceptions to development standards.
2. Within Coastal Zone. A Coastal Development Permit (Section 6.20.040) is required to authorize any Modification to Standards for development located in the Coastal Zone.
D. Application Requirements. An application for a Modification to Standards shall be prepared, filed, and processed in compliance with Section 6.10 (Permit Application Filing and Processing).
E. Public Notice, Hearing, and Appeals for Modification Reviewed by Director.
1. Notice Required. Notice of the intent by the Director to approve a Modification 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 Modification to Standards. For Modification to Standards applications that require Planning Commission review, notice of the public hearing shall be provided and the hearing shall be conducted in compliance with Section 7.10 (Public Hearings).
F. Approval. A Modification to Standards shall be approved only after the Review Authority makes all the following findings:
Permit Review and Decisions 0
City of Grover Beach Development Code 6-27
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 ____
1. The Modification to Standards is consistent with the purpose, intent, goals, policies, programs, and land use designation of the General Plan, Development Code, and any applicable specific plan.
2. The Modification to Standards will not be detrimental to the health, safety, or general welfare of the persons within the vicinity.
3. For exceptions to objective design standards pursuant to Section 6.20.120.B.7 and 6.20.120.B.8, the Modification to Standards will result in a superior design approach suited to the type of development, circumstances at the property or adjacent property(ies), and/or constitutes a reasonable design solution that improves compatibility with surrounding development.
G. Conditions of Approval. In approving a Modification to Standards, the Review Authority may impose conditions of approval to ensure that the development will comply with the findings required by Subsection F.
6.20.075 Short-Term Rental Permit
Refer to Section 4.10.185
6.20.080 Temporary Use Permit
A. Purpose. This Section establishes procedures and standards for Temporary Use Permits for the short-term activities specified in this Section. These are activities that may not comply with particular standards of the applicable zone, but may otherwise be acceptable because of their temporary nature, if reviewed and appropriately conditioned in compliance with this Section.
B. Applicability. A Temporary Use Permit is required to permit the short-term activities specified in this Section.
C. Review Authority. The Director is authorized to issue Temporary Use Permits. The Director shall approve, conditionally approve, or deny Temporary Use Permits.
D. Application requirements. An application for a Temporary Use Permit shall be prepared, filed, and processed in compliance with Section 6.10 (Permit Application Filing and Processing).
E. Exempt short-term activities. The following activities are allowed without a Temporary Use Permit, but may require other permits as specified.
1. Construction yards - On-site. On-site contractor's construction yard for an approved construction project including storage or cargo containers. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the Building Permit authorizing the project construction, whichever occurs first.
6.20.080 Permit Review and Decisions
6-28 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, October 7, 2019, and November 22, 2021, and ____
2. Fund-raising events.
a. Fund raising events (e.g., bake sales, yard sales, car washes, etc.) conducted on property within a non-residential zone, limited to a maximum of two days per month for each sponsoring organization.
b. Sponsorship shall be limited to educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with 501(c) of the Federal Revenue and Taxation Code.
3. Garage sales. Garage sales may be held in compliance with Municipal Code Article X Section 4.10.077 (Garage Sales).
4. Public right-of-way. Activities conducted within the public right-of-way that are authorized by an Encroachment Permit.
5. Special Events. A Special Events Permit shall be required in compliance with Municipal Code Article III if an event is anticipated or planned to be attended by more than 100 people.
6. Meeting halls or public assembly facilities. Events that occur at permanent meeting halls or public assembly facilities, unless the activity involves resale goods as defined in Chapter 9 (Definitions), which shall require a Temporary Use Permit to comply with the requirements of Section 4.10.160 (Resale Stores).
F. Allowed short-term activities. A Temporary Use Permit may authorize the following short-term activities within the specified time limits, but in no event for more than 12 months. Other activities that are proposed to occur for no more than 12 months, but do not fall within the categories defined below shall instead comply with the Development Permit requirements and development standards that otherwise apply to the property.
1. Events. Art and craft exhibits, carnivals, circuses, fairs, farmer’s markets, festivals, flea markets, food events, open-air theaters, outdoor entertainment/sporting events, promotional events, rummage sales, swap meets, and other special events.
2. Seasonal sales lots. Seasonal sales activities (e.g., Christmas tree lots, pumpkins, agricultural products grown on the premises, etc.) including temporary residence/security trailers.
3. Mobile Vendors on private property. A mobile vendor may operate a maximum of 10 days per calendar month on private property, subject to the following operating requirements:
a. 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.
Permit Review and Decisions 6.20.080
City of Grover Beach Development Code 6-29
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 ____
b. Location of Mobile Vendor. Mobile vendors 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 except when operating as an ancillary use for a special event. In no instance shall a mobile vendor park overnight at the subject site.
c. Seating Areas. Seating areas may be provided as authorized by the Temporary Use Permit.
d. Display of merchandise. The display of merchandise is prohibited and includes placement of goods outside of the vehicle and attached to the vehicle.
e. 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. f. 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. g. Litter Removal. Mobile vendors shall remove litter caused by its products from any public and private property within a 25 foot radius of the vending vehicle’s location.
h. Noise. Mobile vendors shall comply with Municipal Code Article III, Chapter
1.01 (Noise Standards).
i. Signage. Mobile vendors shall comply with Section 3.60 (Sign Regulations). j. Events. The Director may allow more than one mobile vendor if associated with a special or promotional event of no greater than three consecutive days.
k. Waste Management.
i. 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.
ii. 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.
4. Model homes & sales office. A model home(s) and/or sales office associated with a residential project. This may include off-site directional signs located on private property with written permission from the property owners. The maximum sign area shall be 36 square feet for each sign and a maximum sign height of six feet.
6.20.080 Permit Review and Decisions
6-30 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, October 7, 2019, and November 22, 2021, and ____
5. Temporary structures. A temporary classroom, office, or similar structure (not for storage), including a manufactured or mobile unit, may be approved as an accessory use for a maximum of 12 months.
6. Temporary storage containers. A temporary storage or cargo container not associated with an active building permit may be approved for a maximum of 30 days. The storage container shall be located on-site.
7. Temporary office and living quarters. A trailer or mobile home used as a temporary work and/or living quarters when associated with an active construction site.
8. Construction yards - Off-site. Off-site contractors' construction yards, for an approved non-City construction project. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the Building Permit authorizing the project, whichever occurs first.
9. Similar short-term activities. A short-term activity that the Director determines is similar to the other activities listed in this Section, and compatible with the applicable zone and surrounding land uses.
G. Notice and hearing. A public notice and hearing shall not be required for the Director’s decision on a Temporary Use Permit.
H. Findings. The Director may approve a Temporary Use Permit subject to making all of the following findings:
1. The location, operation and time period of the temporary use will not constitute a hazard to the public interest, health, safety, or general welfare.
2. The operation of the temporary use will not be detrimental to adjoining properties through the creation of excessive dust, light, noise, odor, or other objectionable characteristics.
3. The proposed lot is adequate in size and shape to accommodate the temporary use without detriment to the enjoyment of other properties located adjacent to and in the vicinity of the subject lot.
4. The proposed lot is adequately and safely served by streets having sufficient capacity and improvements to accommodate the quantity of traffic that the temporary use will or could reasonably be expected to generate.
5. Adequate temporary parking to accommodate vehicular traffic to be generated by the use will be available either on-site or at an acceptable off-site location.
I. Conditions of Approval. In approving a Temporary Use Permit application, the Director may impose conditions that are deemed reasonable and necessary to ensure that the permit would be in full compliance with the findings required by Subsection H.
This may include conditions from other City departments (e.g., Police, Fire, and Public Works) that may have a direct effect on the operation of the temporary use.
Conditions may address any pertinent factors affecting the operation of the temporary event, or use, and may include the following:
Permit Review and Decisions 6.20.090
City of Grover Beach Development Code 6-31
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 ____
1. Regulating the length of time for operations, operating hours and days.
2. Provision for adequate temporary pedestrian and vehicular circulation, and parking facilities.
3. Regulation of nuisance factors including mitigation of glare or direct illumination, dirt, dust, noise, odors, smoke, trash, and vibration on adjacent lots.
4. Regulation of temporary structures and facilities, including placement, height, size, and location of equipment.
5. Provision to meet City building and fire code requirements.
6. Provision for sanitary and medical facilities, as appropriate.
7. Provision for solid, hazardous, and toxic waste collection, recycling, and/or disposal.
8. Provision for police/security and safety measures, as appropriate.
9. Regulation of signs.
10. Other conditions that would ensure that the operation of the proposed temporary use would be conducted in an orderly manner, and in full compliance with the purpose of this Section.
6.20.090 Use Permit
A. Purpose. This Section establishes procedures for Use Permits for developments and 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. A 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 Commission is authorized to approve, conditionally approve, or deny Use Permit applications.
D. Application requirements. An application for a 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 Commission may approve a 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.
6.20.100 Permit Review and Decisions
6-32 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, October 7, 2019, and November 22, 2021, and ____
2. The For non-residential uses, the subject site is physically suitable in terms of design, operating characteristics, shape, size, and topography.
3. The type, and intensity of use being proposed will not constitute a hazard to the public, health, safety, or welfare.
G. Conditions of Approval. In approving a Use Permit, the Review Authority may impose conditions of approval to ensure that the development will comply with the findings required by Subsection F (Findings).
6.20.100 Variance
A. Purpose. This Section establishes procedures for a Variance to waive or modify standards of this Development Code when the strict application of the development standards would deny the applicant privileges enjoyed by other applicants in the vicinity and in the same zone because of special circumstances of the subject property including location, shape, size, surroundings, topography, or other physical features.
B. Applicability. A Variance may be granted to waive or modify any requirement of this Development Code except: allowed land uses, residential density, specific prohibitions (for example, prohibited signs), the application of hazard or ESHA setback requirements, or procedural requirements. (Am. Ord. 14-04) C. Review Authority. The Commission is authorized to approve, conditionally approve, or deny Variance applications.
D. Application requirements. An application for a Variance 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 Commission may approve a Variance only after making all of the following findings in compliance with Government Code Section 65906.
1. There are special circumstances or conditions applicable to the subject property (e.g., location, shape, size, surroundings, topography, or other physical features, etc.) that do not apply generally to other properties in the vicinity in the same zone.
2. Strict compliance with Development Code standards would deprive the subject property of privileges enjoyed by other property in the vicinity and in the same zone.
3. Approving the Variance would not constitute a granting of special privilege inconsistent with the limitations on other properties in the same vicinity and zone.
Permit Review and Decisions 6.20.110
City of Grover Beach Development Code 6-33
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 ____
4. The requested Variance would not allow a use or activity that is not otherwise expressly authorized by the regulations governing the subject parcel.
G. Conditions of Approval. In approving a Variance, the Commission may impose conditions of approval to ensure that the development will comply with the findings required by Subsection F.
6.20.110 Zoning Clearance
A. Purpose. This Section provides a procedure for issuing Zoning Clearances, which are used to verify that a proposed land use or structure complies with the allowed uses and development standards applicable to the type of use or the zone of the subject parcel.
B. Applicability. Zoning Clearance is required to verify that all requirements of this Development Code have been satisfied for any permitted (“P”) land use allowed by Chapter 2 (Zones and Allowable Land Uses) and where no discretionary permit approval to establish the use or development is required. In addition, the following require Zoning Clearance:
1. Additions to existing dwelling units.
2. Additions to existing multi-unit dwellings.
3. Conversion of a commercial unit to a residential dwelling.
4. Residential projects with four or fewer dwelling units.
5. Mixed-use projects with nine or fewer dwelling units.
6. Conversion of existing multi-unit dwellings using fractional density into nine or fewer additional dwelling units.
7. Affordable housing projects that provide 25 percent or more of the dwelling units as deed restricted to very low- and/or low-income households.
8. A “reconfiguration” of an architectural feature which does not modify the previously approved theme or plan for an approved development application.
9. Restriping of a parking lot which does not decrease the number of parking spaces required for an approved development project nor change the vehicle circulation patterns, unless otherwise required to comply with Americans with Disabilities Act (ADA) requirements.
10. Color and material board changes that are consistent with the original approval for a completed residential, commercial, or industrial development project.
11. Upper story/rooftop decks that are in compliance with Section 3.10.080 (Upper Story/Rooftop Decks) and all applicable objective design standards of this Development Code.
6.20.110 Permit Review and Decisions
6-34 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, October 7, 2019, and November 22, 2021, and ____
12. As otherwise required by this Development Code.
C. Review Authority.
1. Outside of Coastal Zone. Zoning Clearance is conducted by the Director and not subject to an appeal.
2. Within Coastal Zone. A Coastal Development Permit (Section 6.20.040) is required to authorize any Zoning Clearance for an expansion of use or development located in the Coastal Zone.
D. Application Requirements. An application for Zoning Clearance shall be prepared, filed, and processed in compliance with Section 6.10 (Permit Application Filing and Processing) to comply with the following:
1. A Zoning Clearance shall be filed concurrently with the Building Permit application, if applicable. An applicant may file a Pre-Application (Section
6.10.030) for a preliminary assessment of whether a contemplated project would comply with the objective development and design standards of the Development Code.
2. No person shall alter, install, occupy, or use any newly constructed or modified structure, or change or occupy any newly initiated or modified use, or type or class of use without first applying for and obtaining the required Zoning Clearance.
E. Notice and Hearing. A public notice and hearing shall not be required for the Director’s decision on Zoning Clearances.
F. Approval. The Director shall issue the Zoning Clearance after first determining that the proposed development or improvement:
1. Complies with all of the applicable provisions, requirements, and standards for the category of use and the zone of the subject parcel;
2. Demonstrates compliance with any previously issued conditions of approval affecting the use on the subject parcel;
3. Demonstrates compliance with the Development Code and other applicable City standards; and
4. Is consistent with the General Plan and any applicable specific plan.
G. Conditions of Approval. The Director’s decision on a Zoning Clearance shall not impose any conditions of approval.
Permit Implementation, Time Limits, Extensions, and Revocations 6.30.010 City of Grover Beach Development Code 6-35
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 Permit Implementation, Time Limits, Extensions, and Revocations
Sections:
6.30.010 - Purpose
6.30.020 - Effective Date of Permits
6.30.030 - Applications Deemed Approved
6.30.040 - Permit to Run With the Land
6.30.050 - Performance Guarantees
6.30.060 - Time Limits and Extensions
6.30.070 - Changes to an Approved Development
6.30.080 - Permit Revocations
6.30.010 Purpose
This Section provides requirements for the implementation of the development applications permits or approvals required by this Development Code, including time limits and procedures for approving extensions of time.
6.30.020 Effective Date of Permits
A. Permits not within the coastal zone. The approval of a discretionary development permit application for a development shall become effective after the 10th working day following the date of application approval by the Review Authority, where no appeal of the Review Authority's action has been filed in compliance with Section 7.20 (Appeals).
B. Permits non-appealable to the Coastal Commission. The approval of a development permit application for a development that is not appealable to the Coastal Commission shall become effective after the 10th working day following the date of approval by the Review Authority, where no appeal of the Review Authority's action has been filed in compliance with Section 7.20 (Appeals).
C. Permits appealable to the Coastal Commission. The approval of a development permit application that is appealable to the Coastal Commission shall become effective upon the expiration of the Coastal Commission's 10 working day appeal period which begins the day after the receipt by the California Coastal Commission of notice of the City's final action, and where no appeal of the Review Authority's action has been filed by two Coastal Commissioners, the applicant, or any aggrieved person in compliance with the Coastal Act, but not if the notice of final local action does not meet the requirements of California Code of Regulations 13571. (Am. Ord. 14-04)
6.30.030 Permit Implementation, Time Limits, Extensions, and Revocations 6-36 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, October 7, 2019, and November 22, 2021, and ____
6.30.030 Applications Deemed Approved
A development permit application application deemed approved in compliance with Government Code Section 65956(b) shall be subject to all applicable provisions of the General Plan, this Development Code, and other applicable City policies and standards before a building permit is issued or a land use not requiring a building permit is established.
6.30.040 Permit to Run With the Land
Unless otherwise specified, development permits applications and approvals granted in compliance with this Chapter shall run with the land, and shall continue to be valid upon a change of ownership of the site or structure to which it applies, with the exception of Home Occupation Permits.
6.30.050 Performance Guarantees
A. Deposit of security
1. The Review Authority or the Director may require the execution of a covenant or other agreement to deposit security in a reasonable amount to ensure the faithful performance of one or more of the conditions of approval.
2. The security shall, as required by law or otherwise at the option of the City, be in a form which includes but is not limited to cash, a certified or cashier’s check, letter of credit, or a performance bond executed by the applicant and a corporate surety authorized to do business in California and approved by the City.
3. The security shall remain in effect until all of the secured conditions have been performed to the satisfaction of the Director.
4. Security required in compliance with this Section shall be payable to the City.
B. Release of security. Upon satisfactory compliance with all applicable provisions of this Section, the security deposit shall be released.
C. Failure to comply
1. Upon failure to perform any secured condition(s), the City may perform the condition, or cause it to be done, and may collect from the obligor all costs incurred, including administrative, engineering, legal, and inspection costs.
2. Any unused portion of the security shall be refunded to the obligor after deduction of the cost of the work.
Permit Implementation, Time Limits, Extensions, and Revocations 6.30.060 City of Grover Beach Development Code 6-37
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
A. Time limits
1. Unless a condition of approval or other provision of this Development Code establishes a different time limit, any permit or approval not exercised within 24 months of approval shall expire and become void, except where an extension of time is approved in compliance with Subsection B.
2. If a development is to be constructed in approved phases, each subsequent phase shall be exercised within 24 months from the date that the previous phase was exercised, or the permit shall expire and become void, except where an extension of time is approved in compliance with Subsection B.
3. The permit shall not be deemed "exercised" until the applicant has substantially commenced construction of the approved development or actually commenced the allowed use on the site in compliance with the conditions of approval.
B. Extensions
1. Filing and review of request
a. Time for filing. The Applicant shall file an application for an extension of time with the Director before the expiration of the permit, together with the filing fee required by the City's Master Fee Schedule. The permit shall be automatically extended for 60 days, or until the application for the extension is approved, conditionally approved, or denied, whichever occurs last. b. Evidence to be provided. The Review Authority shall determine whether the applicant has made a good faith effort to exercise the permit. The burden of proof is on the applicant to establish that circumstances beyond the control of the applicant (e.g., demonstrated problems with completing the acquisition of the lot, poor weather during periods of planned construction, financial circumstances, etc.) have prevented exercising the permit. c. Public hearing. If the original approval required a public hearing, the Review Authority shall hold a public hearing on a proposed extension of time, after providing notice of the public hearing in compliance with Section 7.10 (Public Hearings). If the original approval did not require a public hearing, the Director may approve the extension of time.
2. Action on extension request.
a. A permit may be extended for three additional 12-month periods beyond the expiration of the original approval; provided, the Review Authority finds that there have been no changes in the conditions or circumstances of the site or development.
b. If a project requires the issuance of a permit by the federal or state governments, or a local agency other than the City in order to be constructed, additional extensions may be granted beyond the extensions allowed in
6.30.070 Permit Implementation, Time Limits, Extensions, and Revocations 6-38 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, October 7, 2019, and November 22, 2021, and ____
subsection 2.a, if the review authority can make a finding the delay in the project was not caused by the Applicant’s actions or failure to use due diligence in pursuing the required permits necessary to move forward with construction of the project.
6.30.070 Changes to an Approved Development
A. Application.
1. A development or new land use allowed through a permit or approval granted in compliance with this Development Code shall be in substantial compliance with the approved drawings and plans, and any conditions of approval imposed by the Review Authority, except where changes to the development are approved in compliance with this Section.
2. An Applicant shall request desired changes in writing, and shall also furnish appropriate supporting materials and an explanation of the reasons for the request. Requested changes may involve changes to one or more conditions imposed by the Review Authority or actual changes to the development (e.g., hours of operation, expansion of a use, etc.) as originally proposed by the Applicant or approved by the Review Authority.
3. Changes shall not be implemented until first approved by the applicable Review Authority, and may be requested either before or after construction or establishment and operation of the approved use.
B. Notice and hearing. If the matter originally required a noticed public hearing, the Review Authority shall hold a public hearing in compliance with Section 7.10 (Public Hearings), except for the minor changes outlined in Subsection C. below.
C. Minor changes by Director. The Director may authorize minor changes to an approved development permit application or other approval only if the changes:
1. Are consistent with all applicable provisions of this Development Code and the spirit and intent of the original approval; and
2. Do not involve a feature of the development that was:
a. A basis for findings in a Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report for the development;
b. A basis for conditions of approval for the development; or c. A specific consideration by the Review Authority (e.g., the Director, Commission, or Council) in approving the permit; and
3. Do not involve any expansion of the use of more than 10 percent, if located east of Highway 1, and do not involve expansion of the use by any amount, if located west of Highway 1. (Am. Ord. 14-04)
Permit Implementation, Time Limits, Extensions, and Revocations 6.30.080 City of Grover Beach Development Code 6-39
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 ____
6.30.080 Permit Revocations
A. Permit Revocations. The City’s action to revoke a permit or approval shall have the effect of terminating the permit or approval and denying the privileges granted by the original approval.
B. Hearing and notice required. The Commission shall hold a public hearing to revoke a permit or approval granted in compliance with the provisions of this Development Code. The hearing shall be noticed and conducted in compliance with Section 7.10 (Public Hearings).
1. Ten days before the public hearing, notice shall be mailed or delivered to the applicant being considered for revocation and the property owner of the site.
2. Exceptions.
a. Temporary Use Permits.
b. Short-Term Rental Permits.
C. Findings
1. Permits. A Use Permit or other development permit application or approval (except a Variance, see Subsection 2., below) may be revoked by the Commission, if it makes any one of the following findings:
a. Circumstances under which the permit or approval was granted have been changed by the applicant to an extent that one or more of the findings that justified the original approval can no longer be made, and the public health, safety, and welfare require revocation.
b. The permit or other approval was granted, in whole or in part, on the basis of a fraud, misrepresentation, or omission of a material statement in the application, or in the applicant’s testimony presented during the public hearing, for the permit or approval.
c. One or more of the conditions of the original permit or approval have not been substantially fulfilled or have been violated.
d. The approved use or structure has ceased to exist or has been suspended for a period in excess of 12 months.
e. An improvement authorized in compliance with the permit or approval is in violation of any applicable code, law, ordinance, regulation, or statute. f. The improvement/use allowed by the permit or approval has become detrimental to the public health, safety, or welfare or the manner of operation constitutes or is creating a nuisance.
2. Variances. A Variance may be revoked by the Commission, if the Commission makes any one of the following findings, in addition to any one of the findings specified in Subsection 1, above:
6.30.080 Permit Implementation, Time Limits, Extensions, and Revocations 6-40 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, October 7, 2019, and November 22, 2021, and ____
a. Circumstances under which the original approval was granted have been changed by the applicant to a degree that one or more of the findings contained in the original approval can no longer be made in a positive manner, and the grantee has not substantially exercised the rights granted by the Variance.
b. One or more of the conditions of the Variance have not been met, or have been violated, and the grantee has not substantially exercised the rights granted by the Variance.
Affordable Housing Streamlined Review 6.40.010
City of Grover Beach Development Code 6-41
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 ____
6.40 Affordable Housing Streamlined Review
Sections:
6.40.010 - Purpose
6.40.020 - Eligibility
6.40.030 - Exclusions
6.40.040 - Certifications
6.40.050 - Review Procedure
6.40.010 Purpose
This Section provides requirements for the implementation of Government Code Section 65913.4 establishing Affordable Housing Streamlined Review of qualifying multi-unit housing development and mixed-use development projects.
6.40.020 Eligibility
A. To be eligible for streamlined processing under this Section, the development project must satisfy all of the following criteria:
1. Multi-Unit or Mixed-Use. The project must be a multi-unit housing development that contains at least two residential units or a mixed-use development with at least two-thirds residential component in terms of development square footage and comply with the minimum and maximum residential density range permitted for the site, plus any applicable density bonus.
2. Required Affordable Units. If more than 10 residential units are proposed, at least 10 percent of the project’s units must be dedicated as affordable to households making below 80 percent of the area median income. If the project will contain subsidized units, the applicant has recorded or is required by law to record a land use restriction for either a minimum of 55 years for rental type units, or a minimum of 45 years for ownership type units
3. Legal Parcel Adjacent to Urban Uses. The project must be located on a legal parcel or parcels within the incorporated City limits. At least 75 percent of the perimeter of the site must adjoin parcels that are developed with urban uses, which means any current or former residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses. Legal parcels that are only separated by a street or highway shall be considered adjoined.
4. Conforms with General Plan and Zoning. The project must be located on a property or properties either zoned or has a General Plan designation allowing for multi-unit residential development or mixed-use development with a residential component.
6.40.030 Affordable Housing Streamlined Review
6-42 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, October 7, 2019, and November 22, 2021, and ____
5. Objective Design and Development Standards. The project must meet all objective design and development standards in effect at the time the application is submitted.
6. Parking. The project must provide at least one parking space per unit without regard to unit size, number of bedrooms, or guest parking spaces; however, no parking is required if the project meets any of the following criteria:
a. The project is located within one-half mile of public transit. b. The project is located within an architecturally and historically significant historic district.
c. On-street parking permits are required but not offered to the occupants of the project.
d. There is a car share vehicle within one block of the development.
B. Subdivision. The project does not involve an application to create separately transferable parcels under the Subdivision Map Act.
6.40.030 Exclusions
The following types of property or property characteristics are excluded from consideration or application for streamlined processing under this Section:
A. Farmland. Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by the City.
B. Wetlands. Wetlands, as defined in the United States Fish and Wildlife Service C. Fire Hazards. A very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection, 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.
D. Hazardous Waste Site. A hazardous waste site that is listed pursuant to 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 Department of Toxic Substances Control has cleared the site for residential use or residential mixed-uses.
E. Fault Zones. A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Affordable Housing Streamlined Review 6.40.040
City of Grover Beach Development Code 6-43
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 ____
Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter
12.2 (commencing with Section 8875) of Division 1 of Title 2.
F. Floodplain. A floodplain as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has been issued a flood plain development application pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
G. Floodway. A floodway as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations.
H. Conservation/Resource Protection. Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the Federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.
I. Protected Habitat. Habitat for protected species identified as 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.
J. Conservation. Lands under conservation easement.
K. Rent Restricted. A site that would require demolition of housing that is subject to recorded restrictions or law that limits rent to levels affordable to moderate, low, or very-low-income households; subject to rent control; or currently occupied by tenants or that was occupied by tenants within the past ten years.
L. Tenancy. A site that previously contained housing occupied by tenants that was demolished within the past 10 years.
M. Mobilehome. A parcel of land or site governed by the Mobilehome Residency Law, the Recreational Vehicle Park Occupancy Law, the Mobilehome Parks Act, or the Special Occupancy Parks Act.
6.40.040 Certifications
The project proponent must certify to at least one of the following:
6.40.050 Affordable Housing Streamlined Review
6-44 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, October 7, 2019, and November 22, 2021, and ____
A. Public Work. The entirety of the project is a public work as defined in Government Code Section 65913.4(8)(A)(i).
B. Prevailing Wage. The project is not in its entirety a public work and all construction workers employed in the execution of the development will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area.
C. Ten or Fewer Units. The project includes 10 or fewer units, is not a public work, and does not require subdivision.
D. Skilled Workforce. If the project consists of 50 or more units that are not 100 percent subsidized affordable housing, the project proponent must certify that it will use a skilled and trained workforce, as defined in Government Code section 65913.4(8)(B)(ii).
6.40.050 Review Procedure
A. Application. A developer shall submit a notice of intent to the City that a project should be considered under the Senate Bill 35 eligibility criteria as outlined in this Section. Such notice shall include information and materials as listed on the City’s SB 35 Application (Affordable Housing Streamlined Review) and shall be submitted for review by the Director to determine eligibility.
B. Determination of Complete Application. The Director has the authority to review applications for completeness and compliance with the provisions of this Section.
C. Ineligible Application. If the Director determines a project ineligible under this Section, the review of the project shall be subject to all application types, reviews and procedures as outlined in Chapter 6 (Procedures).
D. Ministerial Action. The review of and action on the application for multi-unit residential development or mixed-use development with a residential component that complies with all the provisions of this Section is a ministerial action not subject to further discretionary review or action.
E. CEQA. A qualifying project approved by ministerial action pursuant to this Section shall not be subject to additional review or determination under the California Environmental Quality Act (CEQA) pursuant to the general rule that CEQA is inapplicable to ministerial actions of the City.
Attachment 3, Exhibit F
City of Grover Beach Zoning Code 8-1
Adopted October 15, 2012
Amended July 21, 2014 and __
CHAPTER 8. SUBDIVISION
REGULATIONS
8.10 General Provisions ............................................................................................................................. 6
8.10.010 Title ............................................................................................................................................. 6
8.10.020 Purpose ....................................................................................................................................... 6
8.10.030 Adoption Authority – Conformance with Other Regulations ............................................... 7
8.10.040 Interpretation and Application ................................................................................................. 7
8.10.050 Conflict with Public Provisions ............................................................................................... 7
8.10.060 Conflict with Private Provisions .............................................................................................. 7
8.10.070 Actions by Persons with Interest ............................................................................................ 8
8.10.080 Severability ................................................................................................................................ 8
8.20 General Requirements ........................................................................................................................ 9
8.20.010 Tract Subdivision Maps ............................................................................................................ 9
8.20.020 Parcel Maps ............................................................................................................................... 9
8.20.030 Exclusions and Exceptions ..................................................................................................... 9
8.20.040 Lot Line Adjustment ............................................................................................................... 10
8.20.050 Correcting or Amending Maps .............................................................................................. 10
8.20.060 Lot Merger Review Authority for Subdivision Decisions ................................................... 11
8.20.070 Expansion of Condominium Projects ................................................................................... 12
8.30 Tract Subdivision Maps, Vesting Tentative Subdivision Maps, and Parcel Maps: Procedures 13
8.30.010 Tentative and Final Tract Subdivision Maps ........................................................................ 13
8.30.020 Vesting Tentative Subdivision Maps..................................................................................... 16
8.30.030 Parcel Maps ............................................................................................................................. 18
8.40 Tentative Tract Subdivision or Parcel Map, Tentative Parcel Map, and Vesting Tentative Subdivision Map, Vesting Tentative Parcel Map: Preparation, Form, and Other Requirements ...... 19
8.10.010 8.10 General Provisions
8-2 City of Grover Beach Zoning Code
Adopted October 15, 2012
Amended July 21, 2014 and __
8.40.010 Preparation and Form of Tentative Subdivision or Parcel Map ......................................... 19
8.40.020 Information Contents of on Tentative Subdivision or Parcel Maps................................... 19
8.40.030 Additional Information on Vesting Tentative Subdivision or Parcel Maps ....................... 21
8.40.040 Other Material to Accompany Tentative Subdivision or Parcel Map ................................. 22
8.40.050 Application Requirements ..................................................................................................... 23
8.50 Final Map Form, Preparation, and Other Requirements ............................................................... 24
8.50.010 General Preparation Requirements ...................................................................................... 24
8.50.020 Form and Contents Reserved ................................................................................................ 24
8.50.030 Title Sheet of Final Tract Map ................................................................................................ 27
8.50.040 Statements, Documents and Other Data to Accompany Final TRACT Map ..................... 30
8.50.050 Separated Property ................................................................................................................. 31
8.50.060 Final Parcel Maps – Preparation 4 Parcels or Less ............................................................. 31
8.60 LOT LINE ADJUSTMENT .................................................................................................................. 32
8.60.010 Application for Lot Line Adjustment ..................................................................................... 32
8.60.020 Criteria for Lot Line Adjustment ............................................................................................ 32
8.60.030 Procedures for Lot Line Adjustment..................................................................................... 32
8.70 Subdivision Design and Improvements.......................................................................................... 34
8.70.010 General Considerations ......................................................................................................... 34
8.70.020 General Requirements – Lots ................................................................................................ 34
8.70.030 Lot Dimensions ....................................................................................................................... 34
8.70.040 Solar Orientation ..................................................................................................................... 35
8.70.050 Multiple Frontages .................................................................................................................. 35
8.70.060 Depth-Width Relationship ...................................................................................................... 35
8.70.070 Lot Lines .................................................................................................................................. 35
8.70.080 Taxing District Boundary ....................................................................................................... 36
8.70.090 Flag Lots (deep lot subdivisions) .......................................................................................... 36
8.70.0100 General Requirements – Streets ........................................................................................ 36
8.70.0110 Access Restrictions ............................................................................................................ 37
8.70.0120 Street Names........................................................................................................................ 37
8.70.0130 Slope Easements ................................................................................................................. 37
8.70.0140 Street Types and Requirements ........................................................................................ 37
8.70.0150 General Requirement – Design Criteria and Improvement Standards .......................... 37
8.10 General Provisions 8.10.010
City of Grover Beach Zoning Code 8-3
Adopted October 15, 2012
Amended July 21, 2014 and __
8.70.0160 Improvements ...................................................................................................................... 37
8.80 Dedications ........................................................................................................................................ 40
8.80.010 General Requirements ............................................................................................................ 40
8.80.020 Offer to Dedicate Easements to Remain Open .................................................................... 40
8.80.030 Waiver of Direct Street Access .............................................................................................. 41
8.80.040 Title Insurance for Dedication ............................................................................................... 41
8.90 Subdivision Improvement Requirements ....................................................................................... 42
8.90.010 General Requirements ............................................................................................................ 42
8.90.020 Preparation and Form of Improvement Plans ...................................................................... 42
8.90.030 Grading Plan ............................................................................................................................ 43
8.90.040 Plan Check Fees...................................................................................................................... 43
8.90.050 Commencement of Improvement Work ................................................................................ 43
8.90.060 Inspection of Improvement Work .......................................................................................... 43
8.90.070 Coordination of Improvement Work...................................................................................... 43
8.90.080 Improvements Deferred or Waived ....................................................................................... 43
8.90.090 Over Sizing Improvements Reimbursements ...................................................................... 44
8.90.0100 Improvement Agreement .................................................................................................... 44
8.90.0110 Form. Filing and Term of Improvement Agreement........................................................ 44
8.90.0120 Minimum Agreement Provisions ....................................................................................... 44
8.90.0130 Additional Agreement Provisions...................................................................................... 45
8.90.0140 Improvement Security Required ........................................................................................ 45
8.90.0150 Form. Filing and Term of Improvement Security ............................................................ 46
8.90.0160 Labor and Materials ............................................................................................................ 46
8.90.0170 Liability for Alterations or Changes .................................................................................. 46
8.90.0180 Release of Improvement Security – Assessment District Proceedings ........................ 46
8.90.0190 Release of Improvement Security – Completion of Work ............................................... 47
8.90.0200 Withholding Building Permits ............................................................................................ 47
8.90.0210 Acceptance of Improvements ............................................................................................ 47
8.90.0220 Deferral of Improvements for Parcel Maps ....................................................................... 47
8.100 Subdivision Exceptions ................................................................................................................. 49
8.100.010 Exception Authority ............................................................................................................ 49
8.100.020 Required Findings and Conditions ................................................................................... 49
8.10.010 8.10 General Provisions
8-4 City of Grover Beach Zoning Code
Adopted October 15, 2012
Amended July 21, 2014 and __
8.100.030 Filing Applications – Form and Content ........................................................................... 50
8.100.040 Commission or Public Works Director Action ................................................................. 50
8.100.050 Council Action ..................................................................................................................... 50
8.110 Reversion to Acreage ..................................................................................................................... 51
8.110.010 Purpose Procedures for Reversion To Acreage ............................................................. 51
8.110.020 Initiation of Proceedings .................................................................................................... 51
8.110.030 Public Hearing ..................................................................................................................... 51
8.110.040 Required Findings ............................................................................................................... 51
8.110.050 Required Conditions ........................................................................................................... 52
8.110.060 Delivery of Reversion Map to County Recorder............................................................... 52
8.110.070 Effect of Filing Reversion Map with the County Recorder .............................................. 52
8.110.080 Tax Bond Not Required ...................................................................................................... 52
8.120 Lot Merger ........................................................................................................................................ 54
8.120.010 Purpose ................................................................................................................................ 54
8.120.020 Application ........................................................................................................................... 54
8.120.030 8.120.010 Procedures for Lot Merger ................................................................................ 54
8.130 Condominium Conversions ........................................................................................................... 55
8.130.010 Purpose and Intent .............................................................................................................. 55
8.130.020 Applicability of Other Laws ................................................................................................ 55
8.130.030 Provisions to Govern Condominium Conversion Projects ............................................ 55
8.130.040 Application Requirements .................................................................................................. 56
8.140 Fees .................................................................................................................................................. 57
8.140.010 Council Authority ................................................................................................................ 57
8.150 Enforcement .................................................................................................................................... 58
8.150.010 Generally .............................................................................................................................. 58
8.150.020 Illegal Subdivisions – Notification of Public Works Director Required ......................... 58
8.150.030 Certificate of Compliance – Application – Fee ................................................................. 58
8.150.040 Certificate of Compliance – Application – Determination ............................................... 58
8.150.050 Certificate of Compliance – Recordation .......................................................................... 59
8.150.060 Illegal Subdivision – Permit Issuance Prohibited ............................................................ 59
8.160 Urban Lot Splits ............................................................................................................................. 60
8.10 General Provisions 8.10.010
City of Grover Beach Zoning Code 8-5
Adopted October 15, 2012
Amended July 21, 2014 and __
8.160.010 Authority and Purpose ........................................................................................................... 60
8.160.020 Subdivision Standards ........................................................................................................... 60
8.160.030 General Requirements and Restrictions .............................................................................. 61
8.160.040 Approval Process ................................................................................................................... 62
8.10.010 8.10 General Provisions
8-6 City of Grover Beach Zoning Code
Adopted October 15, 2012
Amended July 21, 2014 and __
8.10 General Provisions
Sections:
8.10.010 - Title
8.10.020 - Purpose
8.10.030 - Adoption Authority – Conformance with other regulations
8.10.040 - Interpretation and application
8.10.050 - Conflict with public provisions
8.10.060 - Conflict with private provisions
8.10.070 - Actions by persons with interest
8.10.080 - Severability
8.10.010 Title
This Chapter shall be known and cited as the “Grover Beach Subdivision Ordinance.”
8.10.020 Purpose
The regulations codified in this Title are adopted for the following purposes:
A. To protect and provide for the public health, safety and general welfare; B. To guide the development of the City in accordance with the general plan and specific plans;
C. To ensure that real property which is to be divided can be used without danger to inhabitants or property due to fire, flood, soil instability, noise or other hazard; D. To ensure that proper provision will be made for traffic circulation, public utilities, facilities, and other improvements within the subdivided land and within the City as a whole;
E. To protect and enhance the value of land and improvements and to minimize conflicts among the uses of land and buildings;
F. To protect potential buyers and inhabitants by establishing standards of design, and by establishing procedures which ensure proper legal description and defined monuments for monumenting of subdivided land;
G. To protect the natural resources of the community, including topographic and geologic features, solar exposure, water courses, wildlife habitats and scenic vistas, and to increase reasonable public access to such resources;
H. To enable innovations in subdivision procedures which facilitate development that will best reflect the capability of the land to support a desirable living environment.
8.10 General Provisions 8.10.030
City of Grover Beach Zoning Code 8-7
Adopted October 15, 2012
Amended July 21, 2014 and __
8.10.030 Adoption Authority – Conformance with Other Regulations A. These regulations are adopted pursuant to the Subdivision Map Act (“Act”), as a "local ordinance" as that term is used in that Act, and to supplement the provisions of that Act. All provisions of the Subdivision Map Act and future amendments thereto not incorporated in these regulations shall apply to all subdivisions, subdivision maps and proceedings under these regulations. Further to the extent that any of the provision in this Chapter are found to be inconsistent with the Act, the Act shall govern and take precedent over this local regulation.
B. Nothing in this Section shall be read to limit the rights of the City to enact additional provisions concerning the division of land as are deemed necessary to protect the public health, safety and general welfare.
C. Approval or conditional approval of a subdivision map shall not excuse compliance with other applicable provisions of this code or other applicable ordinances, rules, regulations and policies adopted by the City.
D. Notwithstanding anything to the contrary included in this chapter, all land divisions, lot line adjustments and mergers within the Coastal Zone shall require a Coastal Development Permit. For the purposes of this section, land divisions include:
subdivisions through a parcel map, subdivision tract map, grant deed, or any other method; lot splits; redivisions of land; and issuance of a certificate of compliance, unless the certificate of compliance is issued for a land division that occurred prior to the effective date of the Coastal Act and complied with all State laws and local ordinances in effect at the time. (Am. Ord. 14-04)
8.10.040 Interpretation and Application
In their interpretation and application, these regulations shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare.
8.10.050 Conflict with Public Provisions
These regulations are not intended to annul any other law or regulation. Where any provision of these regulations imposes restrictions different from those imposed by any other provision of these regulations or any other regulation or law, whichever provisions are more restrictive or impose higher standards shall control.
8.10.060 Conflict with Private Provisions
A. These regulations are not intended to abrogate any easement, covenant or any other private agreement or restriction; provided, that where the provisions of these regulations are more restrictive or impose higher standards or regulations than such easements, covenants, or any other private agreement or restriction, the requirements of these
8.10.070 8.10 General Provisions
8-8 City of Grover Beach Zoning Code
Adopted October 15, 2012
Amended July 21, 2014 and __
regulations shall govern. When the provisions of the easement, covenant or private agreement or restriction impose duties and obligations more restrictive, or higher standards than the requirements of these regulations or the determinations of the advisory agency or council Review Authority in approving a subdivision or in enforcing these regulations, and such private provisions are not inconsistent with these regulations or determinations there under, then such private provisions shall be operative and supplemental to these regulations and determinations made thereunder.
8.10.070 Actions by Persons with Interest
A. When any provisions of the Subdivision Map Act or of these regulations require the execution of any certificate or affidavit or the performance of any act of a person in his official capacity who is also a subdivider or an agent or employee thereof, such certificate or affidavit shall be executed or such act shall be performed by some other person duly qualified therefore and designated so to act by the Council.
8.10.080 Severability
A. If any part or provisions of these regulations or application thereof to any person or circumstances are adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which the judgment shall have been rendered and shall not affect or impair the validity of the remainder of these regulations or the application thereof to other persons or circumstances. The council declares that it would have enacted the remainder of these regulations even without any such part, provision or application.
General Requirements 8.20.010
City of Grover Beach Zoning Code 8-9
Adopted October 15, 2012
Amended July 21, 2014 and __
8.20 General Requirements
Sections:
8.20.010 - Tract Subdivision Maps
8.20.020 - Parcel Maps
8.20.030 - Exclusions and exceptions
8.20.040 - Lot line adjustment
8.20.050 - Correcting or amending maps
8.20.060 - Lot merger Review Authority for Subdivision Decisions
8.20.070 - Expansion of condominium projects
8.20.010 Tract Subdivision Maps
Except as provided in Section 8.20.030, the division of real property into five or more parcels or creation of five or more condominiums or a conversion of a dwelling to a stock cooperative containing five or more parcels or community apartment project having five or more parcels or units requires the filing, approval and recording of tentative and final tract subdivision maps except where defined within Government Code Section 66426 subsection (a) through (f) and as provided in these regulations and the Subdivision Map Act.
8.20.020 Parcel Maps
Except as provided in Section 8.20.030 and 8.30.030, the division of real property into four or fewer parcels, or creation of four or fewer condominiums or a stock cooperative or community apartment project having four or fewer parcels or units requires the filing, approval and recording of tentative and final parcel maps as provided in these regulations or as required by and the Subdivision Map Act.
8.20.030 Exclusions and Exceptions
A. No maps shall be required for divisions of property which are excepted from the definition of subdivision within the Subdivision Map Act.
B. Parcel maps, but not tentative and final tract subdivision maps, shall be required for those land divisions enumerated under Section 66426 of the Subdivision Map Act.
C. No maps shall be required for any divisions of land of exemptions defined within the Subdivision Map Act Section 66412. :
1. The financing or leasing of apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks or trailer parks;
2. Mineral, oil or gas leases;
8.20.040 General Requirements
8-10 City of Grover Beach Zoning Code
Adopted October 15, 2012
Amended July 21, 2014 and __
3. Land dedicated for cemetery purposes under the Health and Safety Code of the State;
4. Boundary line or exchange agreements to which the State Land Commission or a local agency holding a trust grant of tide and submerged lands is a party;
5. Any separate assessment under Section 2188.7 of the Revenue and Taxation Code;
6. The financing or leasing of any parcel of land, or portion of parcel, in conjunction with the construction of commercial or industrial buildings on a single parcel, when the project is subject to a development permit approval pursuant to this Development Code;
7. The financing or leasing of existing separate commercial or industrial buildings on a single parcel.
D. Any conveyance of land to a governmental agency, public entity or public utility shall not be considered a division of land for the purpose of determining the number of parcels within a subdivision.
E. In spite of the requirements in Section 8.20.020, the Council Review Authority may waive the requirement for a parcel map. To waive the parcel map requirement, the Council Review Authority must find that the proposed land division complies with all standards established by the City for design and improvements, utilities and environmental protection. (See Section 8.100, Subdivision Exceptions).
F. Parcel maps shall not be required for those conveyances involving government agencies or public utilities, as provided in the Subdivision Map Act (Section 66428).
8.20.040 Lot Line Adjustment
The adjustment of a boundary line between four or fewer existing adjacent parcels, which does not result in a greater number of buildable parcels than originally existed, does not require a subdivision or parcel map. However, the Public Works Director City Engineer must approve the deeds which reflect the lot line adjustment lot line adjustment as provided in Section 8.60. (Am. Ord. 14-04)
8.20.050 Correcting or Amending Maps
Recorded final tract subdivision maps and recorded final parcel maps may be amended, corrected or modified, as provided in the Subdivision Map Act (Sections 66469 through 66472.1). Approved lot line adjustments may be amended as provided for tract and parcel maps, with amending deeds or correcting documents to be filed with the Public Works Department and City and recorded at the County Clerk Recorder.
General Requirements 8.20.060
City of Grover Beach Zoning Code 8-11
Adopted October 15, 2012
Amended July 21, 2014 and __
8.20.060 Lot Merger Review Authority for Subdivision Decisions A. Contiguous parcels under common ownership may be merged (interior lot lines may be removed) by approval of a lot line adjustment, as provided in Section 8.20.040, together with recordation of a certificate of compliance for the new parcel, and compliance with Section 8.120 if deemed necessary by the Public Works Director City Engineer.
Pursuant to the Map Act (Sections 66415, 66452.1, & 66458) Table 8.1 identifies the Review Authority responsible for reviewing and making decisions on each type of subdivision application and other decision required by this Subdivision Ordinance.
Table 8.1 Review Authority 4
Subdivision Types Code Section Review Authority
B. Director City Engineer Commission Council
Parcel Maps (4 or fewer parcels)
Parcel Map Waiver 8.30.030 Recommend 1 Decision Appeal Appeal Urban Lot Split 8.160 Recommend Decision -- --Appeal
Tentative Parcel Map 8.30.030 Recommend Recommend Decision Appeal Vesting Parcel Map 8.30.030 Recommend Recommend Decision-- Appeal Final Parcel Map 8.50.060 Recommend Decision -- --Appeal Parcel Map Time
Extension 8.30.010 Recommend Recommend2 Decision Appeal Subdivision Maps (5 or more parcels)
Tentative Subdivision
Map 8.30.010 Recommend Recommend Decision Appeal
Vesting Subdivision Map 8.30.020 Recommend Recommend Decision Appeal Final Subdivision Map 8.50 Recommend Decision3 Appeal-- Appeal Subdivision Map Time
Extension 8.30.010 Recommend Recommend Decision Appeal
Adjustments / Mergers / Reversions / Condo Conversions
Lot Line Adjustment 8.60 -- Decision -- -- --
Voluntary Lot Merger 8.120 -- Decision -- -- --
Revision to Acreage 8.110 -- Recommend -- Decision
Certificate of
Compliance 8.60 Recommend Decision -- --
Condo Conversion 8.130 Recommend Recommend Recommend Decision Subdivision Exceptions 8.100 Recommend Recommend -- Decision Note:
1. Refer to Section 8.30.030.B
2. The City Engineer may approved an extension if the Parcel Map was approved by the City Engineer.
3. Subdivision Maps that require an offer of dedication shall be approved by the Council.
4. In the Coastal Zone, a Coastal Development Permit may be required. Refer to Section 6.20.040. 0 General Requirements
8-12 City of Grover Beach Zoning Code
Adopted October 15, 2012
Amended July 21, 2014 and __
8.20.070 Expansion of Condominium Projects
Notwithstanding Section 8.20.040, the addition of floor area to a condominium project shall require approval of the type of map previously approved. If the Public Works Director finds such a map is not necessary for the purposes of these regulations, the Public Works Director or may waive the requirement for such a map.
Tract Subdivision Maps, Vesting Tentative Subdivision Maps, and Parcel Maps: Procedures 8.30.010 City of Grover Beach Zoning Code 8-13
Adopted October 15, 2012
Amended July 21, 2014 and __
8.30 Tract Subdivision Maps, Vesting Tentative Subdivision Maps, and Parcel Maps: Procedures
Sections:
8.30.010 - Tentative and Final Tract Subdivision Maps
8.30.020 - Vesting Tentative Maps
8.30.030 - Parcel Maps
8.30.010 Tentative and Final Tract Subdivision Maps
A. Preliminary plans. Subdividers Applicants are encouraged to consult with the Community Development and Public Works Departments (See Subsection
6.10.030.A).
B. Identification of tentative tract subdivision map. Before submittinga tentative tract map, the person preparing the map Applicants shall obtain a tract map number from the San Luis Obispo County Surveyor. The number shall be placed upon each copy of the tentative tract subdivision map.
C. Filing of tentative subdivision map – application. The tentative subdivision map application shall be filed with the Community Development Department and shall be prepared in accordance with the provisions of Chapter 6 (Procedures).
D. Examination of application. Community Development and Engineering Department staff shall examine the map application upon presentation and shall not accept it unless it is a complete application in compliance with the Subdivision Map Act and these regulations.
E. Notice of Commission public hearing on tentative tract subdivision map..
Notice of the public hearing shall be provided in compliance with Section 7.10 (Public Hearings).
F. Commission a Action on tentative tract subdivision map. Within 50 days of the filing thereof, the Commission shall, after a hearing and consideration of the tentative tract map, accompanying reports of applicant and staff, and public testimony, approve, conditionally approve, or disapprove the map. Said fifty-day period shall commence after certification of the EIR, adoption of a negative declaration or an exemption determination. The Review Authority shall take action on a tentative subdivision map no later than 50 days of the filing of the tentative map and consistent with Table 8.1.
G. Withdrawal of tentative tract subdivision map. Once a date for Commission the Review Authority consideration of the tentative tract subdivision map has been set, requests for withdrawal shall be submitted to the Commission City staff in writing, or orally if made at the meeting when the map is being considered. No refund of the filing fee shall be made. Withdrawal of the map shall be an effective denial of the application.
8.30.010 Tract Subdivision Maps, Vesting Tentative Subdivision Maps, and Parcel Maps: Procedures 8-14 City of Grover Beach Zoning Code
Adopted October 15, 2012
Amended July 21, 2014 and __
H. Minor modification of tentative tract map after approval. Minor modifications of an approved or conditionally approved tentative tract map may be made. However, they must be approved by the Public Works Director before the final map is submitted.
I. Extension of time to act. Any of the time limits for acting on tentative tract subdivision maps specified in these regulations may be extended by mutual consent of the subdivider applicant and the Commission or CouncilReview Authority, as the case may be. To do so, the subdivider applicant must expressly waive, in writing or in the record at a public hearing, his right to have the map considered within those time limits. Application after denial. When any application for a tentative tract map filed pursuant to this Chapter has been denied, no new application which is substantially the same shall be filed within one year of the date of denial unless the facts upon which the decision was made, have changed. The Community Development Director shall determine whether facts have changed or when an application is substantially the same as the previous application.
J. Filing of Final final tract map. Within 24 months of the date of approval or conditional approval of the tentative tract subdivision map or the end of any period representing an extension to the tentative subdivision map consistent with Section
6.30.060, the subdivider applicant may cause the boundary of the proposed subdivision or any part thereof to be surveyed and thesubmit a required final tract map to be prepared and filedin accordance with these regulations and the Subdivision Map Act.When the final map is filed, either all survey markers shall be in place, or a bond shall be posted guaranteeing that all survey corners shall be placed prior to the acceptance of the public improvements by the Council.
K. Termination of proceedings. Failure to file a final tract map within 24 months of the date of approval or conditional approval of a tentative tract subdivision map, or within any extended period of time granted in accordance with Section 6.30.060, immediately following, shall terminate all proceedings. Before a final map may thereafter be filed, a new tentative tract subdivision map shall be submitted and approved hereunder.
L. Time extension.
8. The Commission may extend the time for filing the final tract map for a period or periods not exceeding a total of three years.
9. Applications for extensions shall be made in writing prior to the date of tentative tract map expiration. Time extension may be granted subject to the condition that the final map shall be prepared and improvements shall be constructed and installed in compliance with requirements in effect at the time the request for extension is considered. Any other conditions may be imposed which may have been imposed at the time of tentative map approval and existing conditions may be revised or deleted or new conditions added.
M. Final tract map compliance. Final tract maps shall be prepared in substantial compliance accordance with the approved tentative tract subdivision map.
Tract Subdivision Maps, Vesting Tentative Subdivision Maps, and Parcel Maps: Procedures 8.30.010 City of Grover Beach Zoning Code 8-15
Adopted October 15, 2012
Amended July 21, 2014 and __
N. Submission of final tract map. When all the certificates appearing on the final tract map, except the approval certificates of the City Clerk, City Engineer, Community Development Directorreview authority and the County Recorder's certificate, have been signed, and where necessary, acknowledged, the final tract map, along with copies of reference maps and other supporting data necessary to verify the survey, may be submitted to the city staff for review and recommendation City for examination and presentation to the Council for final approval, provided it complies with all other provisions of these regulations and the Subdivision Map Act. The map shall be accompanied by as many prints as the Community Development Director shall require.
O. Action of City Engineer and Community Development Director.
1. Upon receipt of a final tract map and accompanying documents, fees and materials for filing, the City Engineer and Community Development Director shall determine if they are in substantial conformity compliance with the approved or conditionally approved tentative tract map and modifications and conditions made or required. If they are found to be complete and in substantial conformance compliance with these and other applicable regulations, the Community Development Director shall transmit the map to the City Engineer who shall transmit the map to the City Clerk after certificationreview authority. No map shall be certified approved until the required improvements have been installed or an subdivision agreement or bond for installation has been secured in accordance with these regulationsthe subdivision map act.
2. Should the map or accompanying documents, fees or materials be found to be incomplete or incorrect in any respect, the City Engineer or Community Development Director shall advise the subdivider by mail of the changes or additions that must be made before the map may be certified.
3. If the City Engineer or Community Development Director determines circumstances concerning the design and improvement of the subdivision in relation to the public health, safety and welfare have materially changed since the approval of the tentative tract subdivision map, they need not certify the final map.
In such instances, the City Engineer and Community Development Director shall return the map to the Council Review Authority for further consideration.
4. The final tract map shall not be considered filed for action by the Council until the City Engineer and Community Development Director have completed the actions required in Subsections 1, 2 and 3 above.
P. Council Review Authority action on final map.
1. At the meeting at which it receives the map, or at the first regular meeting thereafter, the Council The Review Authority shall approve the map if it conforms with the approved tentative map and meets the requirements of the Subdivision Map Act, these regulations, and any rulings made pursuant to them if it has previously approved a tentative map for the proposed subdivision and it finds the final subdivision map in substantial compliance with the previously approved tentative
8.30.020 Tract Subdivision Maps, Vesting Tentative Subdivision Maps, and Parcel Maps: Procedures 8-16 City of Grover Beach Zoning Code
Adopted October 15, 2012
Amended July 21, 2014 and __
map.. If the map does not conform, the Council shall disapprove it. Final maps that include an offer of dedication or public improvement bond shall be approved by the Council.
2. If the Review Authority does not approve or disapprove the map within the prescribed time in California Government Code section 66452.2, or any authorized extension within this chapter, and the map conforms to all requirements of an approved tentative subdivision map, it shall be deemed approved, and the City Clerk shall certify its approval. Council fails to act within the prescribed time, the final map shall be deemed approved to the extent it meets the requirements enumerated above. Upon approval by either action or inaction, the City Clerk shall certify approval of the final map.
Q. Council acceptance or rejection of offers of dedication. Subject to exceptions in the Subdivision Map Act, at the time the Council approves a final tract map, it shall also accept, accept subject to improvement, reject without prejudice, or reject all offers of dedication. This action shall be certified on the map by the City Clerk.
R. Disposition after approval. After the Council approves a final tract map is approved by the Review Authority, the City Clerk, or their designated appointee shall transmit the map to the County Recorder.
8.30.020 Vesting Tentative Subdivision Maps
A. Application.
1. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this Subdivision Ordinance, requires the filing of a tentative tract map or tentative parcel map, a vesting tentative map may instead be filed, in accordance with the provisions hereof.
2. If an applicant subdivider does not seek the rights conferred by the Vesting Tentative Map Statute, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction.
B. Filing and processing. A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports, and shall be processed in the same manner as set forth in the subdivision ordinance for a tentative map except as provided in Section 8.40.030.
C. Council a Action on tract vesting subdivision tract map. Within thirty days of its receipt of the Commission’s report, the Council finding a vesting tentative subdivision map application complete, the Review Authority shall consider and approve, conditionally approve, or disapprove the vesting tentative tract subdivision map. If the map is disapproved, the grounds for disapproval shall be stated.
D. Vesting on approval of vesting tentative subdivision map.
Tract Subdivision Maps, Vesting Tentative Subdivision Maps, and Parcel Maps: Procedures 8.30.020 City of Grover Beach Zoning Code 8-17
Adopted October 15, 2012
Amended July 21, 2014 and __
1. The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards described in Government Code Section 66474.2. However, if Section 66474.2 of the Government Code is repealed, the approval or conditional approval of a vesting tentative subdivision map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map is approved or conditionally approved.
2. Notwithstanding Subsection 1, a permit, approval, extension or entitlement may be made conditional or denied if any of the following are determined:
a. A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both. b. The condition or denial is required, in order to comply with state or federal law.
3. The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Subsection G. If the final map is approved, these rights shall last for the following periods of time:
a. An initial time period of one year. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded.
b. The initial time period set forth in Subsection (a) shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if such processing exceeds 30 days, from the date a complete application is filed.
c. An applicant subdivider may apply to the Community Development Director for a one year extension at any time before the initial time period set forth in Subsection (a) expires. If the extension is denied, the subdivider applicant may appeal that denial in compliance with Section 7.20 (Appeals). d. If the subdivider applicant submits a complete application for a building permit during the periods of time specified in this Subsection, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.
E. Development inconsistent with zoning - denial or conditional approval.
1. Whenever an applicant subdivider files a vesting tentative subdivision map for a subdivision whose intended development is inconsistent with this Development Code in existence at that time, that inconsistency shall be noted on the map. The City shall deny such a vesting tentative map or approve it conditioned on the subdividerapplicant, or his or hertheir designee, obtaining the necessary change to this Development Code to eliminate the inconsistency. If the change to this Development Code is obtained, the conditionally approved vesting tentative map shall, notwithstanding Subsection 8.30.020.D, confer the vested right to proceed
8.30.030
8-18 City of Grover Beach Zoning Code
Adopted October 15, 2012
Amended July 21, 2014 and __
with the development in substantial compliance with the change to this Development Code and the map, as approved.
2. The rights conferred by this Section shall be for the time periods set forth in Subsection 8.30.020.D.3.
F. Applications inconsistent with current policy. Notwithstanding any provision of this ordinance, a property owner or his or her designee may seek approvals or permits for development which depart from the ordinances, policies, and standards described in Subsections 8.30.020.D and E, and local agencies may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.
G. Expiration. The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions, established by Subsection 8.30.010.M for the expiration of the approval or conditional approval of a tentative map.
8.30.030 Parcel Maps
A. Filing - Processing - Appeals - Dedication acceptance. The procedures for filing, processing, public notice and actions on tentative and final parcel maps shall be the same as provided in these regulations for tentative and final tractsubdivision maps. A tentative or vesting tentative parcel map is not required provided a parcel map waiver is requested and findings made (subsection B).
B. Parcel Map Waiver. An applicant may request the waiver of the requirement for a Parcel Map, and the waiver may be granted, in compliance with the Map Act (Section 66428), provided that the Director shall makes the following findings that the parcel map complies with all applicable requirements of this Development Code and the Subdivision Map Act pursuant to the following:
1. Area
2. Improvement and design of the subdivision.
3. Floodwater drainage control.
4. Appropriate improved public roads.
5. Sanitary disposal facilities.
6. Water supply availability.
7. Environmental protection.
8. All other applicable requirements of this Development Code and the Map Act.
Tentative Tract Subdivision or Parcel Map, Tentative Parcel Map, and Vesting Tentative Subdivision Map, Vesting Tentative Parcel Map: Preparation, Form, and Other Requirements 8.40.010 City of Grover Beach Zoning Code 8-19
Adopted October 15, 2012
Amended July 21, 2014 and __
8.40 Tentative Tract Subdivision or Parcel Map, Tentative Parcel Map, and Vesting Tentative Subdivision Map,
Vesting Tentative Parcel Map: Preparation, Form, and
Other Requirements
Sections:
8.40.010 - Preparation and form of tentative subdivision or parcel map
8.40.020 - Information on tentative map
8.40.030 - Additional information on vesting tentative maps
8.40.040 - Other material to accompany tentative map
8.40.050 - Application requirement
8.40.010 Preparation and Form of Tentative Subdivision or Parcel Map A. Tentative subdivision or parcel maps shall provide the following:
1. Shall be legibly drawn, printed, or reproduced by a process guaranteeing a permanent record.
2. The size of each sheet shall be 18 by 26 inches or 460 by 660 millimeters. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch or 025 millimeters. Larger page size may be accepted, but no larger than 24 by 36 inches.
3. The scale of the map shall be large enough to show all details clearly and enough sheets shall be used to accomplish this.
4. The sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown.
5. Shall be prepared by, or under the direction of, a registered civil engineer or licensed land surveyor.
A. The tentative map shall be clearly and legibly drawn to an engineer's scale of not less than one inch equals one hundred feet. If necessary to provide the proper scale, more than one sheet may be used, but the relation of the several sheets shall be clearly shown on each. Each sheet shall be no larger than twenty-four inches by thirty-six inches. Sheets no larger than thirty-six inches by forty-two inches may be submitted with the prior approval of the Public Works Director.
B. Tentative tract maps shall be prepared by or under the supervision of a registered civil engineer, licensed land surveyor or architect. Tentative parcel maps may be prepared by anyone.
8.40.020 Information Contents of on Tentative Subdivision or Parcel Maps A. The tTentative maps shall contain all information required in Subdivision Map Act Sections 66445 through 66450. the following information, in addition to any other information which may be required by the Subdivision Map Act:
8.40.020 Tentative Tract Subdivision or Parcel Map, Tentative Parcel Map, and Vesting Tentative Subdivision Map, Vesting Tentative Parcel Map: Preparation, Form, and Other Requirements 8-20 City of Grover Beach Zoning Code
Adopted October 15, 2012
Amended July 21, 2014 and __
B. A. The map number, name if any, date of preparation, north point, scale, and if based on a survey, the date and official record of the survey; C. B. Name and address of the person or entity which prepared the map and the applicable registration or license number and expiration date thereof; D. C. Names and addresses of the subdivider applicant and all parties having a record title interest in the property being subdivided;
E. D. The boundaries of the subdivision, defined by legal description, with sufficient information to locate the property and to determine its position with respect to adjacent named or numbered subdivisions, if any;
F. E. Topographic information with a reference to the source of the information. Contour lines shall be two-foothave the following intervals;
1. Two-foot contour interval for undeveloped areas and two-foot intervals for building sites within the Urban Services Line;
2. Ten-foot contour interval for undeveloped areas and two-foot intervals for building sites and paved or graded areas outside the Urban Services Line. Contours of adjacent land shall also be shown whenever the surface features of such land affect the design or development of the proposed subdivision; G. F. The approximate trunk location and dripline and general description of any oak two inches d.b.h. or greater or other native of trees four eight inches d.b.h. diameter breast height (DBH). or greater - or the general canopy cover of clusters of trees -indicating the species and if proposed to be removed or retainedwith notations as to their proposed retention or destruction; notations as to general type of vegetation in areas not occupied by trees;
H. G. The location and outline to scale of all structures which are to be retained within the subdivision and all structures outside the subdivision and within ten feet of the boundary lines; the distances between structures to be retained, and existing or proposed street and lot lines, notations concerning all structures which are to be removed;
I. H. The locations, widths and purposes of all existing and proposed easements for utilities, drainage and other public purposes shown by dashed lines, within and adjacent to the subdivision (including proposed building setback lines, if known); all existing and proposed utilities including size of water lines and size and grade of sewer lines, locations of manholes, fire hydrants, street trees and street lights; J. I. The location, width and directions of flow of all water courses and flood control areas within and adjacent to the property involved; the proposed method of providing storm water drainage and erosion control;
J. The location of all potentially dangerous areas, including areas subject to inundation, landslide, or settlement, or excessive noise, and the means of mitigating the hazards; K. The locations, widths and names or designations of all existing or proposed streets, alleys, paths and other rights-of-way, whether public or private; private easements Tentative Tract Subdivision or Parcel Map, Tentative Parcel Map, and Vesting Tentative Subdivision Map, Vesting Tentative Parcel Map: Preparation, Form, and Other Requirements 8.40.030 City of Grover Beach Zoning Code 8-21
Adopted October 15, 2012
Amended July 21, 2014 and __
within and adjacent to the subdivision; the radius of each centerline curve; a cross section of each street; any planned line for street widening or for any other public project in and adjacent to the subdivision; private streets shall be clearly indicated; L. The lines and approximate dimensions of all lots, and the number assigned to each lot; the total number of lots; the approximate areas of each lot; lots shall be numbered consecutively;
M. The boundaries, acreage and use of existing and proposed public areas in and adjacent to the subdivision. If land is to be offered for dedication for park or recreation purposes or for purpose of providing public access to any public waterway, river or stream, it shall be so designated;
N. Any exception being requested in accordance with the requirements of Section 8.100 (Subdivision Exceptions) of these regulations shall be clearly labeled and identified as to nature and purpose;
O. The location of all railroad rights-of-way and grade crossings; P. The locations of any existing or abandoned wells, septic leaching fields, springs, water impoundment's and similar features to the extent they affect the proposed use of the property;
Q. When it is known that separate final maps are to be filed on portions of the property shown on the tentative map, the subdivision boundaries which will appear on the final maps and the sequence in which the final maps will be filed; R. Maps for condominium projects shall indicate the address of the property and the number, size and location of proposed dwelling units, parking spaces and private or public open spaces. For all condominium projects, the floor area of each floor shall be shown in proper scale and location together with the plan view of each ownership unit.
S. The location of proposed building sites and septic system leach fields shall be shown for any proposed lot having an average cross slope of 10% or greater.
8.40.030 Additional Information on Vesting Tentative Subdivision or Parcel Maps A. At the time a vesting tentative subdivision or parcel map is filed, it shall have printed conspicuously on its face the words "Vesting Tentative Parcel / Subdivision Map".
B. At the time a vesting tentative map is filed, an applicant subdivider shall also supply the following information:
1. Site plans for each lot or parcel indicating proposed locations for all improvements (e.g., utilities, structures, septic systems, driveways, etc.)
2. Preliminary floor plans for all structural uses;
3. Architectural elevations of all structures identifying all exterior finish and roofing materials;
8.40.040 Tentative Tract Subdivision or Parcel Map, Tentative Parcel Map, and Vesting Tentative Subdivision Map, Vesting Tentative Parcel Map: Preparation, Form, and Other Requirements 8-22 City of Grover Beach Zoning Code
Adopted October 15, 2012
Amended July 21, 2014 and __
4. Septic system design details including design of a replacement leach field located in the 100% expansion area;
5. Detailed grading plans for each lot or parcel as provided in Article VIII IX Chapter 4 5 of the Municipal Code.
6. 5. Road improvement plans for all adjacent and interior roads.
8.40.040 Other Material to Accompany Tentative Subdivision or Parcel Map The following supplementary material shall be filed with the tentative map:
A. A vicinity map of appropriate scale showing sufficient adjoining territory to clearly indicate surrounding streets, other land in the subdivider's applicant’s ownership, and other features which have a bearing on the proposed subdivision; B. A statement of existing and proposed zoning and land use; C. A statement of proposed improvements and landscape modifications, including the estimated time of completion in relation to subdivision of the property; D. A description of proposed public or commonly held areas and draft open space easement agreements, if applicable;
E. Draft covenants, conditions and restrictions if they are integral to the development concept or proposed atypical requirements;
F. A description of requested exceptions from the subdivision design standards for such items as dimensions, street sections or utility easements; G. Proposed building setbacks and yards if different from those in the zoning regulations; G. H. If required by the Public Works Director City Engineer, a preliminary grading plan as provided in the grading ordinance as codified in Article VIII IX, Chapter 45 of the Municipal Code;
I. An engineering geology report, prepared by a register geologist, may be required in areas of moderate, high and very high landslide risks, and in areas of high and high+ liquefaction potential and subsidence potential as noted in the General Plan Safety Element. The engineering geology report shall include definite statements, conclusions and recommendations concerning the following, as applicable:
1. Location of major geologic features;
2. Topography and drainage in the subject areas;
3. Distribution and general nature of rock and soils;
4. A reasonable evaluation and prediction of the performance of any proposed cut or fill in relation to geologic conditions;
5. An evaluation of existing and anticipated surface and subsurface water in relation to proposed development;
Tentative Tract Subdivision or Parcel Map, Tentative Parcel Map, and Vesting Tentative Subdivision Map, Vesting Tentative Parcel Map: Preparation, Form, and Other Requirements 8.40.050 City of Grover Beach Zoning Code 8-23
Adopted October 15, 2012
Amended July 21, 2014 and __
6. Recommendations concerning future detailed subsurface sampling and testing that may be required prior to building;
7. Capability of soils and substrata to support structures; H. J. A soils engineering report, prepared by a civil engineer registered in the state and based upon adequate test borings, may be required for every subdivisionshall be required. The City Engineer may determine that, due to existing information available on the soils of the subdivision, no analysis is necessary. If the soils engineering report indicates soil problems which, if not corrected, could lead to structural defects, a soils investigation of each lot in the subdivision may be required. The soils engineering report shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures and design criteria for corrective measures, when necessary, and opinions and recommendations covering adequacy of sites for development;
A subdivision where soil or geologic problems exist may be approved if the City Review Authority determines recommended corrective measures are sufficient to prevent damage to structures or public improvements within or adjacent to the area to be subdivided. Recommended corrective measures may be required conditions of improvement plans and building permits.
I. K. In potential noise problem areas identified in the Noise Element of the General Plan, specific site analysis by an acoustical engineer or other approved professional with qualifications in acoustic design may be required by the Community Development Director. Such study shall define the noise exposure problems, conclusions and recommendations for corrective or mitigating measures, when necessary, and opinions and recommendations covering the suitability of the site for development, J. L. Preliminary title report (current within six months); K. M. An authorization consenting to the proposed subdivision signed by all parties having a fee title interest in the property to be subdivided;
N. In areas where septic systems will be utilized for waste disposal, a representative set of percolation test(s) shall be required.
L. O. Any other information which the Community Development or Public Works Director determines is necessary for full evaluation of the proposed subdivision.
8.40.050 Application Requirements
The subdivider applicant shall provide the Community Development Department with as many copies of the tentative map and supplementary material as requested by the Community Development Director.
8.50.010 Final Map Form, Preparation, and Other Requirements 8-24 City of Grover Beach Zoning Code
Adopted October 15, 2012
Amended July 21, 2014 and __
8.50 Final Map Form, Preparation, and Other Requirements Sections:
8.50.010 - General preparation requirements
8.50.020 - Form and contents Reserved
8.50.030 - Title sheet of final tract map
8.50.040 - Statements, documents and other data to accompany final tract map
8.50.050 - Separated property
8.50.060 - Final parcel maps - Preparation
8.50.010 General Preparation Requirements
Final tract maps shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor, shall be based on survey, and shall substantially conform to the approved or conditionally approved tentative tract parcel or subdivision map. They shall be prepared in accordance with the Subdivision Map Act and the provisions set forth in this Section.
8.50.020 Form and Contents Reserved
A. The final tract map shall be legibly drawn, printed or reproduced by a process assuring a permanent record in black on durable, transparent material. All lines, letters, figures, certificates, affidavits and acknowledgments shall be legibly stamped or printed upon the map with waterproof opaque ink. If ink is used on polyester base film, the ink surface shall be in such condition when filed so that legible prints may be made from it.
B. Each sheet of the final tract map shall be eighteen inches by twenty-six inches, with a marginal line drawn on all sides, leaving a one-inch blank margin. The map shall be to a minimum scale of one inch equals one hundred feet unless otherwise approved by the City Engineer. Drafting symbols shall be as shown in the standard details adopted by the City.
C. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown. A map containing more than four (4) sheets shall have a key map.
D. Each sheet of the final tract map shall state the number and name, if any, of the tract, the scale and north point.
E. The map shall show all survey data necessary to locate all monuments and to locate or retrace all interior and exterior boundary lines, lot lines, and block lines appearing on the final tract map, including bearings and distances, to the nearest one-hundredth foot, of straight lines, and radii and arc length or chord bearings and length for all curves, and such information as may be necessary to determine the location of the centers of curves and ties to existing monuments used to establish subdivision boundaries. When bearings or lengths of lot lines in any series of lots are the same, Final Map Form, Preparation, and Other Requirements 8.50.020 City of Grover Beach Zoning Code 8-25
Adopted October 15, 2012
Amended July 21, 2014 and __
those bearings or lengths may be omitted from each interior parallel lot line of the series. Any non-tangent curve shall have either a bearing on the radial at the beginning of curve or end of curve or on the true tangent. Each required bearing and length shall be shown in full; no ditto marks or other designation of repetition shall be used.
F. The final tract map shall show monuments found or set in the manner described in Subsection E of this Section. If monument setting has been deferred, the map shall note which monuments are in place and which are to be set noting a specific date.
Securities Performance Guarantees shall be posted with the City Engineer insuring the monuments will be set.
G. The final tract map shall show the definite location of the subdivision, particularly in relation to surrounding surveys.
H. Lots shall be numbered consecutively beginning with the numeral "1" and continuing without omission or duplication throughout the entire subdivision. No prefix or suffix or combination of letter and number shall be used. Each lot shall be shown entirely on one sheet.
I. Blocks shall not be designated by number or letter.
J. The area of each lot containing one acre or more shall be shown to the nearest onehundredth acre; the area of each lot containing less than one acre shall be shown to the nearest square foot.
K. The boundary lines of the subdivision shall be clearly identified. The tract boundary shall be based on record data on file at the office of the County Recorder and must be reestablished by methods commonly accepted in the field of surveying and in accordance with state law. The method of survey and basis of bearing shall be clearly indicated on the final map.
L. The centerline or side lines of each easement to which the lots in the subdivision are subject shall be shown upon the final tract map. If such easement cannot be definitely located from the records, a statement showing the existence of such easement shall be placed on the title sheet of the final tract map and the approximate location shall be shown. All easements shall be designated on the final tract map by fine dashed lines.
Distances and bearings on the side lines of lots which are cut by easements shall be so arrowed or shown that the final tract map will indicate clearly the actual length and bearing of each lot line. The width of such easement or the lengths and bearings of the side lines and sufficient ties thereto to locate it definitely with respect to the subdivision shall be shown. Each easement shall be clearly labeled, identified and marked as to nature and purpose, and if already of record, its record reference shall be shown, if not of record, a statement of such easement shall be placed on the title sheet of the final tract map. If such easement is being dedicated by the final tract map, it shall be properly set out in the owner's certificate and dedication on the title sheet of the map. All notes or figures pertaining to existing easements shall be smaller and lighter than those relating to the subdivision itself. Figures pertaining to easements shall be subordinated in form and appearance to those relating to the subdivision.
8.50.020 Final Map Form, Preparation, and Other Requirements 8-26 City of Grover Beach Zoning Code
Adopted October 15, 2012
Amended July 21, 2014 and __
M. Each street, or other public way or public utility right-of-way within the boundaries of the subdivision shall be shown on the final tract map. The centerline and width of each street shall be shown; and, in the case of a proposed street or way, the width of that portion to be dedicated, if any, shall also be shown. On each centerline, the bearing and length of each tangent and radius, central angle and length of each curve shall be indicated.
N. In the event the City Engineer, State Highway Engineer, or County Engineer shall have established the centerline of any street in or adjoining the subdivision, such centerline shall be shown and the monuments which determine its position indicated with reference to a field book or map showing such centerline. If such position is determined by ties, that fact shall also be indicated on the map.
O. The location, width and extent of future streets and alleys shall be shown on the final tract map and shall be offered for dedication as public streets by a dedicatory clause conforming to the requirements of the Subdivision Map Act.
P. Any street or way which is intended to be kept physically closed to public travel or posted as a private street at all times may be shown as a private street. Sufficient data shall be shown on each private street to define its boundaries and to show clearly the portion of each lot within such street. In order to provide for utility service to individual lots, such streets may be offered and accepted as public utility easements.
Q. The names of all streets and highways within and/or adjacent to the subdivision shall be shown on the final map, spelled out in full and including suffixes such as "road", "street", "avenue", "place", "court" or other designation.
R. All watercourses, storm drains and areas subject to inundation during a one hundred year storm shall be outlined and marked on a separate document and be filed or recorded simultaneously with the final tract map and shall be covered by easements for access and maintenance. Elevations of floodwater based on City datum shall be noted on the separate document. All other natural watercourses or bodies of water shall also be delineated. The City Engineer may require that a benchmark monument or monuments be set and shown on the final map.
S. All areas shown on the final tract map which do not constitute a part of the subdivision shall be labeled "not a part". All lines delineating those areas shall be dashed.
T. Any City boundary crossing or adjoining the subdivision shall be shown on the final tract map.
U. The total acreage within the subdivision shall be stated on the final tract map.
V. When a subdivision is of a portion of any unit or units of improved or unimproved land, the map may designate as a remainder that portion which is not divided for the purpose of sale, lease or financing. Such designated remainder parcel need not be indicated as a manner of survey, but only by deed reference to existing boundaries of such remainder if such remainder has a gross area of five acres or more. If so designated, such remainder parcel shall be treated as set out in Section 66424.6 of the California Government Code, or its successor Section, as it may be amended from time to time.
Final Map Form, Preparation, and Other Requirements 8.50.030 City of Grover Beach Zoning Code 8-27
Adopted October 15, 2012
Amended July 21, 2014 and __
8.50.030 Title Sheet of Final Tract Map
The title sheet of each final tract map shall contain:
A. A title consisting of the number and name of the tract subdivision, if any, and the words "in the City of Grover Beach";
B. A description of all of the real property being subdivided, referring to such map(s) as have been previously recorded or filed with the County Recorder pursuant to a final judgment in any action in partition. When necessary for greater clarity or definiteness, supplemental reference may be made to any other map on file in the office of the County Recorder. Each reference to any tract or subdivision shall be so noted as to be a unique description and must show a complete reference to the book and page records of the county;
C. A statement signed and acknowledged by all parties having any record title interest in the real property subdivided, consenting to the preparation and recordation of the final tract map, subject to the exceptions and under the conditions set out in Section 66436 of the California Government Code.
D. In the case of final maps filed for reverting subdivided land to acreage, the title sheet shall carry a subtitle consisting of the words "a reversion to acreage of (description as required);"
E. A basis of bearing shall be shown on every map containing a field survey. A basis of bearing is a line or record which has been reestablished based on points found on the line. The points shall be the same points used to identify the line on the map of record which shows the line's bearing;
F. In case of dedication or offer of dedication, a statement signed and acknowledged by those parties having any record title interest in the real property subdivided, offering certain parcels of real property for dedication for certain specified public use, subject to such reservations as may be contained in any such offer, as required by the Subdivision Map Act. If the offer includes dedication for street or highway purposes, and the council has so required, the statement shall include a waiver of direct access rights from any property shown on the final map as abutting on the street or highway; If any street shown on the final map is not offered for dedication, the map certificate shall contain a statement to that effect. If such a statement appears on a map approved by the Council, public use of such street shall be permissive only but shall include use by emergency vehicles. Map certificates shall state the extent to which any street not offered for dedication is offered as a public utility easement.
An offer of dedication for utility or street purposes shall be deemed not to include any public facilities located within the area being dedicated unless, and only to the extent, the intent to dedicate such facilities is expressly stated in the certificate; G. The following certificates for execution as specified and as required by the State Subdivision Map Act.
1. CITY COUNCIL'S STATEMENT
8.50.030 Final Map Form, Preparation, and Other Requirements 8-28 City of Grover Beach Zoning Code
Adopted October 15, 2012
Amended July 21, 2014 and __
I hereby certify that this subdivision was duly adopted and approved and (the dedication of all streets and easements shown hereon were accepted, accepted subject to improvement, rejected without prejudice) was accepted by the Council of the City of Grover Beach on , and that the City Clerk was duly authorized and directed to endorse hereon its approval of the same.
Dated: City Clerk _________________
2. CITY PLANNING COMMISSION STATEMENT
This is to certify that I have examined this map and have determined that said map substantially conforms to the tentative map as approved_________, and the conditions thereon.
Dated: Secretary of the Commission________________
3. TRACT SUBDIVISION MAP NO.__________/OR PARCEL MAP AT _____________________
Being a subdivision of (or: adjustment of the lines between) .... brief legal..... in the City of Grover Beach, County of San Luis Obispo, State of California.
4. OWNER'S STATEMENT
(I, We), the undersigned, hereby certify that (I, We) (are, am) (all) the owner(s) of, and all record holder(s) of security interest in, and all parties having any record title in the real property included within the subdivision and project shown on this map, and that each of us does hereby consent to the filing and/or recordation of this map. And we hereby (add dedications or easement reservations or relinquishment of access rights. Must be specific as to type of dedication/easement and whether public or private).
We hereby dedicate to the public for public use and the benefit of the several public utility companies which are authorized to serve in said subdivision, easements for public utility purposes, delineated on said map as "Public Utility Easement" or P.U.E. by the City of Grover Beach or imposed thereon.
___________________________ ____________________________ (owner) (owner)
Dated: ____________
State _____________
County of _____________
On __________, _____, before me, the undersigned, a said state, personally appeared (owner's name(s) personally known to me, or proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) (is/are) subscribed to the within instrument and acknowledged to me that he, she, they) executed the same as owner (s). Witness my hand and official seal.
______________
Final Map Form, Preparation, and Other Requirements 8.50.030 City of Grover Beach Zoning Code 8-29
Adopted October 15, 2012
Amended July 21, 2014 and __
(notary signature) SEAL
5. ENGINEERS/SURVEYORS STATEMENT
This map was prepared by me or under my direction (and is based upon a field survey) (and was compiled from record data) in conformance with the Subdivision Map Act and local ordinances, at the request of (name) on (date). I hereby state that it conforms to the approved or conditionally approved tentative map, if any. _________________________________
(name) R.C.E. (or L.S.) (expiration date) SEAL
6. MONUMENT STATEMENT
I, (engineer/surveyor's name) hereby state that all monuments are of the character and occupy the positions shown, (or that they will be set in such positions on or before date). The monuments shown hereon are (or will be) sufficient to enable the survey to be retraced.
__________________________
Engineer/Surveyor signature SEAL
7. COUNTY RECORDER'S STATEMENT
Filed this day of , at . in Book of (Parcel) Maps, at
page at the request of . Document No.: ____________________ Fee: ____________________
By: ____________________
County Recorder Deputy
8. UNPLOTTABLE EASEMENTS
There are certain unplottable easements affecting this property. (name) document #1
9. CITY ENGINEER'S STATEMENT (TRACT SUBDIVISION MAPS ONLY)
8.50.040 Final Map Form, Preparation, and Other Requirements 8-30 City of Grover Beach Zoning Code
Adopted October 15, 2012
Amended July 21, 2014 and __
I hereby certify that I have examined this Subdivision Map, that the subdivision as shown hereon is substantially the same as it appeared on the tentative map, that all provisions of the Subdivision Map Act and the Subdivision Ordinance of the City of Grover Beach have been complied with and that I am satisfied that this map is technically correct.
Date _____________
____________________ _____________
City Engineer R.C.E. (expiration date)
10. CITY ENGINEER'S STATEMENT (PARCEL MAPS)
This map conforms to the requirements of the Subdivision Map Act and local ordinances.
Date _______________
____________________ _____________
City Engineer R.C.E. (expiration date)
8.50.040 Statements, Documents and Other Data to Accompany Final TRACT Map
A. If any part of an area to be subdivided, lot or parcel, is subject to flood hazard, inundation, or geological hazard, it shall be clearly shown on a separate document to be filed or recorded simultaneously with the final tract map. Benchmark location shall be shown on the final map if as required by the City Engineer.
B. When a soils or geological report has been prepared, this fact shall be noted, together with the date of the report and the name and address of the soils engineer or geologist making the report and the name and address of the person making the report, on a separate document to be filed or recorded simultaneously with the final map. The note shall indicate any soil problems that exist.
The City shall keep those reports on file for public inspection in the Public Works Department review.
C. If a noise analysis has been prepared, as provided in these regulations, this fact shall be noted on the final tract map, together with the date of the report. The City shall keep these reports on file for public inspection in the office of the City Engineer.
D. A copy of the required covenants, conditions and restrictions shall be submitted with the final tract map.
Final Map Form, Preparation, and Other Requirements 8.50.050 City of Grover Beach Zoning Code 8-31
Adopted October 15, 2012
Amended July 21, 2014 and __
E. Copies of reference maps, deeds, traverses of the boundaries or of the parcels being created and whatever other information is required by the City Engineer to verify the accuracy of the survey.
F. If all required improvements have not been accepted by the City prior to filing of the final map, an agreement and bond financial mechanisms, as provided by these regulations, shall be submitted.
G. No final tract map shall be accepted by the City Engineer unless it is accompanied by a certification of the county tax collector that there are no liens for unpaid state, county, municipal or local taxes or special assessments collected as taxes, except taxes or special assessments not yet payable, against any of the land to be subdivided.
H. No final tract map shall be accepted unless it is accompanied by a preliminary title report issued by a title company authorized by the laws of the state to write such insurance, showing the names of all persons having any record title interest in the land to be subdivided and the nature of their respective interest. The title report shall be less than 10 days old.
I. A non-refundable filing fee in the amount prescribed by resolution of the Council shall accompany the final tract map.
8.50.050 Separated Property
When property is separated or divided by any parcel of land other than a public right-ofway and when the property is not contiguous (exclusive of such rights-of-way), each portion of the property so separated or divided shall be divided as a separate parcel and shall be shown on a separate map.
8.50.060 Final Parcel Maps – Preparation 4 Parcels or Less Final parcel maps shall be prepared by or under the direction of licensed land surveyor or registered civil engineer, shall substantially conform to the approved or conditionally approved tentative parcel map (except for parcel map waivers), shall be prepared in the manner required by the Subdivision Map Act and with the following exceptions, and shall comply with the requirements of this Section:
A. Normally, a final parcel map shall be labeled by number(s) only, B. The certificate dedicating or offering dedication may be combined with the owner's certificate;
C. There shall be a certificate for execution by the Public Works Director City Engineer instead of those of the City Clerk and Commission certifying to the information of the sort contained in those certificates;
D. The final parcel map shall be based upon a field survey made in conformity with the Land Surveyor's Act.
8.60.010 LOT LINE ADJUSTMENT
8-32 City of Grover Beach Zoning Code
Adopted October 15, 2012
Amended July 21, 2014 and __
8.60 LOT LINE ADJUSTMENT
Sections:
8.60.010 - Application for lot line adjustment
8.60.020 - Criteria for lot line adjustment
8.60.030 - Procedures for lot line adjustment
8.60.010 Application for Lot Line Adjustment
Application for lot line adjustment shall be in the same form as prescribed for tentative parcel maps (see Section 8.40.010).
8.60.020 Criteria for Lot Line Adjustment
A. The following criteria must be met for a lot line adjustment:
1. Adjustment must be made between four or fewer existing adjacent parcels,
2. The land taken from one parcel is added to an adjacent parcel,
3. A greater number of parcels than originally existed cannot be created,
4. Lot line adjustment must be approved by the local agency or advisory agency review authority. (Am. Ord. 14-04)
The local agency or advisory agencyreview authority shall limit its review and approval to a determination of whether or not the parcels resulting from the lot line adjustment will conform to local zoning and building ordinances. An advisory agency or local agency The review authority shall not impose conditions or exactions on its approval of a lot line adjustment except to conform to local zoning and building ordinances, or except to facilitate the relocation of existing utilities, infrastructure or easements. No tentative map, parcel map, or final map shall be required as a condition to the approval of a lot line adjustment.
The lot line adjustment shall be reflected in the deed, which shall be recorded. No record of survey shall be required for a lot line adjustment unless required by Section 8762 of the Business and Professions Code.
8.60.030 Procedures for Lot Line Adjustment
A. The procedures for review and action on lot line adjustments shall be as provided in Section 8.30 for tentative parcel maps. Action of lot line adjustments shall be administrative and shall not require Commission action except where existing nonconforming lots are proposed to be reduced in size consistent with Table 8.1.
B. Upon a determination by the Community Development Directorby the review authority that the parcels resulting from the lot line adjustment will conform with this Development Code and the City’s Building Codes, that the environmental protection measures established by the City will be complied with, and that the lot line adjustment LOT LINE ADJUSTMENT 8.60.030
City of Grover Beach Zoning Code 8-33
Adopted October 15, 2012
Amended July 21, 2014 and __
will not result in a greater number of buildable parcels than originally existed, the lot line adjustment shall be approved.
C. Conditions or exaction's imposed on the approval of a lot line adjustment shall be limited to those necessary to insure conformance with this Development Code and the City’s Building Codes, facilitate the relocation of existing utilities, infrastructure, and/or easements. Monuments shall be set at each new property corner.
D. Upon acceptance of all statements, guarantees, and other documents which are required in conjunction with the lot line adjustment, the Public Works Director may file a certificate of compliance, which shall refer to the approved lot line adjustment map, for each parcel affected by the change and shall cause a record of survey, deed, or a final map to be recorded in the office of the County Recorder.
E. The Public Works Director's action may be appealed as provided in Section 7.20 (Appeals).
8.70.010 Subdivision Design and Improvements
8-34 City of Grover Beach Zoning Code
Adopted October 15, 2012
Amended July 21, 2014 and __
8.70 Subdivision Design and Improvements
Sections:
8.70.010 - General considerations
8.70.020 - General requirements – Lots
8.70.030 - Lot dimensions
8.70.040 - Solar orientation
8.70.050 - Multiple frontages
8.70.060 - Depth-width relationship
8.70.070 - Lot lines
8.70.080 - Taxing district boundary
8.70.090 - Flag lots (deep lot subdivisions)
8.70.100 - General requirements – Streets
8.70.110 - Access restrictions
8.70.120 - Street names
8.70.130 - Slope easements
8.70.140 - Street types and requirements
8.70.150 - General requirement – Design Criteria and Improvement Standards
8.70.160 - Improvements
8.70.010 General Considerations
The layout of streets and lots within a subdivision shall be consistent with the densities and types of uses authorized by the general plan, specific plans and zoning. The subdivision design shall also recognize the physical conditions of the site, such as slope, soil types, and adjacent land use, which may further limit uses of the property. The subdivider applicant must simultaneously consider such factors as terrain, solar exposure, development objectives, and options available under these regulations in order to design a subdivision which best meets the needs of those who will occupy it as well as the community as a whole.
8.70.020 General Requirements – Lots
The design of lots should be based on intended use, topography and access requirements.
Lots which are impractical for intended uses due to terrain, location of natural features, inadequate access, frontage, or buildable area, or other physical limitations will not be approved.
8.70.030 Lot Dimensions
Each lot shall have the minimum area and dimensions indicated in this Development Code for the zone in which it is located, unless otherwise increased by the provisions of this Chapter. Each lot shall front on a street, or approved ingress and egress easement.
Subdivision Design and Improvements 8.70.040
City of Grover Beach Zoning Code 8-35
Adopted October 15, 2012
Amended July 21, 2014 and __
8.70.040 Solar Orientation
The longest dimension of each lot should be oriented within thirty degrees of south, unless the subdivider applicant demonstrates that for certain lots:
A. The lots are large enough to allow proper building orientation and maximum feasible control of solar exposure by the lot owner, regardless of lot orientation; B. Buildings will be constructed as part of the subdivision project (as in condominium or planned development), and the buildings themselves will be properly oriented, with adequate solar exposure;
C. Topography makes variations from the prescribed orientation desirable to reduce grading or tree removal or to take advantage of a setting which favors early morning or late afternoon exposure, or where topographical conditions make solar energy unfeasible;
D. The size of the subdivision in relation to surrounding streets and lots precludes desirable lot orientation.
8.70.050 Multiple Frontages
Single-family residential lots with frontage on more than one street are discouraged, except for corner lots or where topography makes a single frontage impractical. The City may require the release of access rights on one frontage which shall be noted on the subdivision map.
8.70.060 Depth-Width Relationship
Lots with a ratio of depth to width greater than three shall not be permitted unless there is adequate assurance that deep lot subdivision will not occur or that deep lot subdivision and subsequent development will be accomplished without detriment to adjacent properties.
8.70.070 Lot Lines
A. Lot lines should be at the top of slope banks.
B. Side lot lines should be perpendicular to the street on straight streets, or radial to the street on curved streets, unless another angle would provide better building orientation for solar exposure or more lot area to the south of the likely building site, or unless another lot configuration would better suit the site topography or planned design of the development.
C. On corner lots, the intersection lot lines adjacent to streets shall be rounded with a twenty-foot radius.
8.70.080 Subdivision Design and Improvements
8-36 City of Grover Beach Zoning Code
Adopted October 15, 2012
Amended July 21, 2014 and __
8.70.080 Taxing District Boundary
No lot shall be divided by a taxing district boundary.
8.70.090 Flag Lots (deep lot subdivisions)
A. Flag lots may be approved for subdividing deep lots subject to the following findings (urban lot splits creating a flag lot shall comply with Section 8.160.020):
1. the subdivision is consistent with the character of the immediate neighborhood;
2. the installation of a standard street, either alone or in conjunction with neighboring properties is not feasible; and
3. the flag lot is justified by topographical conditions.
B. Such subdivisions shall conform with the following:
1. The access way serving the flag lot(s) shall not be included in the determination of required lot area for any lot.
2. The original lot shall have frontage on a dedicated street of at least the minimum length required by these regulations for the zone in which it is located, plus the access way required to potential rear lots.
3. The access way to the rear shall be a minimum t least 20 10 feet wide (developed to City standards) for residential zones, except where the access way is more than 150 feet long, it shall be at least 24 feet wide with 20 feet of pavement. For all other zones, the access way shall be at least 30 feet wide with a paved roadway at least 24 feet wide.
4. Each lot shall have yards setbacks as required by this Development Code, including a 10 2 foot setback along any access way, whether easement or lot line.
5. The lot farthest from the street shall own the access way in fee. Other lots using the access way shall have an access and utility easement over it.
6. Lots utilizing the access way of a flag lot may be required to enter into a road maintenance agreement to insure perpetual maintenance and repair of the access way.
7. A reflectorized house number master sign shall be located at the intersection of the street and access way and individual reflectorized address signs shall be placed on the right hand side of the driveway to each individual lot.
8.70.0100 General Requirements – Streets
The design of a subdivision street system should result from an evaluation of topographical conditions, the traffic likely to be generated by the types and numbers of planned uses, and the purpose of each street. The street system must allow an acceptable pattern of lots.
Subdivision Design and Improvements 8.70.0110
City of Grover Beach Zoning Code 8-37
Adopted October 15, 2012
Amended July 21, 2014 and __
8.70.0110 Access Restrictions
Reserve strips of land to control access from adjoining property to public streets may be required by the City. Such reserve strips shall be at least one foot wide. They shall be shown and clearly labeled on the final map. Access restrictions may also be incorporated by note on the map.
8.70.0120 Street Names
Streets which are continuations of existing streets shall have the same names. Streets which are not continuations or which have significantly changed alignments shall have names which do not duplicate or closely resemble any other street names. Names for proposed streets shall be submitted on the tentative map for approval by the City. Street names shall be of beach or resort origin or shall honor a non-living individual of historic significance to the community.
8.70.0130 Slope Easements
Where excavation or fill slopes extend beyond the street right-of-way, easements for the slopes may be required by the City.
8.70.0140 Street Types and Requirements
Requirements (i.e., travel lane width, right-of-way width, etc.) for various types of streets shall be as established by the City Engineer and Director of Public Works.
8.70.0150 General Requirement – Design Criteria and Improvement Standards The design criteria for subdivisions and the required physical improvements for them shall be in compliance with this Development Code, the City's grading ordinance, and other applicable regulations or standards.
8.70.0160 Improvements
Improvement work, including grading, shall not be commenced until plans for all such work have been approved by the City Engineer. All improvements shall be constructed under the inspection of and to the satisfaction of the City. Improvements to be installed by the subdivider applicant, in accordance with the subdivision standards established by the Public Works Department, include the following:
A. Streets, curb, gutters, and sidewalks as required by the City Engineer.
8.70.0160 Subdivision Design and Improvements
8-38 City of Grover Beach Zoning Code
Adopted October 15, 2012
Amended July 21, 2014 and __
B. The subdivider applicant shall make provisions for any railroad crossing necessary for the subdivision, including application to the California Public Utilities Commission.
C. Separate bicycle paths or bicycle areas may be required.
D. Storm drainage, erosion and flood-control facilities shall be constructed for the collection and transmission of storm water from the subdivision to the nearest point of disposal which is satisfactory to the City Engineer. The subdivider applicant shall be responsible for proper drainage of all storm water which runs onto his property from adjacent properties.
E. Durable boundary monuments shall be installed and shown on the final map.
F. Street name signs and traffic control and warning signs shall be installed as specified by the City Engineer. Traffic signals and traffic signal control conduits may be required by the City Engineer.
G. Utilities to be installed by the subdivider applicant shall include those listed in this Subsection. The development of these facilities may require financial contribution for previous improvements to the systems, as provided in the most recent Council resolution on utility connection charges, or in any agreement affecting a particular portion of a system, or applicable easement.
1. Sanitary sewer laterals shall be stubbed to the front property line of each lot if sanitary sewers are available. All facilities for the transmission of sewage from each of the lots to the nearest adequate point of connection to the City's sewer system shall be installed as acceptable to the City Engineer.
Sewer lines need not be provided to lots which will be in perpetual open space use.
All sewer mains shall be located within a dedicated City street or alley or within a recorded easement. (The City may make available its powers of condemnation, if needed, to acquire a sewer easement for development of a subdivision. All costs shall be borne by the subdivider applicant.) All manholes not within a street or paved drive shall be within an easement to the City and accessible by an allweather dust-free road.
2. A water system for domestic service and fire protection shall be provided, including all facilities necessary for the transmission of water to each lot of the proposed subdivision from the nearest point of adequate supply, satisfactory to the City Engineer and Fire Department. Water service shall be stubbed to a meter vault at the front of each lot. Fire hydrants shall be installed according to the City’s Fire Code and to the satisfaction of the Fire Chief and City Engineer. Water lines need not be provided to lots which will be in perpetual open space use and which will not require irrigation or fire suppression. The Fire Chief may determine, however, that fire hydrants are required.
3. Electric power, gas and telephone services shall be stubbed to each lot and all facilities to distribute such services shall be provided according to the requirements of the responsible utility companies.
Subdivision Design and Improvements 8.70.0160
City of Grover Beach Zoning Code 8-39
Adopted October 15, 2012
Amended July 21, 2014 and __
4. Cable television service and fiber connection shall be provided.
5. Fire alarm conduit may be required by the Fire Chief.
H. All new utility distribution facilities shall be placed underground, except accessory facilities such as terminal boxes, meter cabinets and transformers may be installed above ground. The subdivider applicant shall make all necessary arrangements with the utility companies for these facilities. The subdivider applicant shall carry out protective measures as required by the City to assure the proper functioning and maintenance of other required improvements and properties adjacent to the subdivision. Temporary protective improvements may be required prior to or concurrent with the construction of permanent improvements.
8.80.010 Dedications
8-40 City of Grover Beach Zoning Code
Adopted October 15, 2012
Amended July 21, 2014 and __
8.80 Dedications
Sections:
8.80.010 - General requirements
8.80.020 - Offer to dedicate easements to remain open
8.80.030 - Waiver of direct street access
8.80.040 - Title insurance for dedication
8.80.010 General Requirements
All parcels of land intended or needed for public use shall be offered for dedication to the City before any subdivision is approved - typically, when the final map is filed. The subdivider applicant shall grant whatever land or easements the City determines are necessary to fulfill the purposes of these regulations. Such dedication of parcels or easements and improvements may be required for the following uses:
A. Streets and alleys, including future streets;
B. Private streets (conditional dedication) for emergency services; C. Pedestrian and bicycle paths, or sidewalks;
D. Bus stops;
E. Public utilities;
F. Natural watercourses, storm drains and flood-control channels; G. Public access, including access for maintenance or fire protection; H. Protection of scenic and environmentally sensitive lands; I. Street trees;
J. Parks and recreation facilities;
K. Protection of slope banks, areas subject to flooding, and other potentially hazardous areas;
L. School sites as may be necessary in accordance with the Subdivision Map Act; M. Sites to be preserved for public use as provided in the Subdivision Map Act; N. Such other public purposes as the City may deem necessary, provided the amount of property required to be dedicated bears a reasonable relationship to the increased need for public facilities created by the subdivision.
8.80.020 Offer to Dedicate Easements to Remain Open
If, at the time the final tract map or parcel map is approved, any of the easements set out in Section 66477.2 of the California Government Code are rejected, subject to California Code of Civil Procedure Section 771.010, the offers of dedication shall be irrevocable and Dedications 8.80.030
City of Grover Beach Zoning Code 8-41
Adopted October 15, 2012
Amended July 21, 2014 and __
the Council may, by resolution at any later date and without further action by the subdivider applicant, rescind its action and accept and open any of these easements for public use.
The acceptance shall be recorded in the office of the County Recorder.
8.80.030 Waiver of Direct Street Access
The City may require that any dedication or offer of dedication of a street shall include a waiver of direct access rights to such street from any property shown on a final tract map or parcel map as abutting thereon, and that if the dedication is accepted, such waiver shall become effective in accordance with the provisions of the waiver of direct access.
8.80.040 Title Insurance for Dedication
Before a final map is recorded, or if dedication and offers of dedication are supplemented by separate instrument, before such instrument or instruments are recorded, a policy of title insurance shall be issued for the benefit and protection of the City. Any expense involved in complying with the provisions of this Section shall be borne by the subdivider applicant.
8.90.010 Subdivision Improvement Requirements
8-42 City of Grover Beach Zoning Code
Adopted October 15, 2012
Amended July 21, 2014 and __
8.90 Subdivision Improvement Requirements
Sections:
8.90.010 - General requirements
8.90.020 - Preparation and form of improvement plans
8.90.030 - Grading plan
8.90.040 - Plan check fees
8.90.050 - Commencement of improvement work
8.90.060 - Inspection of improvement work
8.90.070 - Coordination of improvement work
8.90.080 - Improvements deferred or waived
8.90.090 - Over sizing improvements reimbursements
8.90.100 - Improvement agreement
8.90.110 - Form. Filing and term of improvement agreement
8.90.120 - Minimum agreement provisions
8.90.130 - Additional agreement provisions
8.90.140 - Improvement security required
8.90.150 - Form. Filing and term of improvement security
8.90.160 - Labor and materials
8.90.170 - Liability for alterations or changes
8.90.180 - Release of improvement security – Assessment District proceedings
8.90.190 - Release of improvement security – Completion of work
8.90.200 - Withholding building permits
8.90.210 - Acceptance of improvements
8.90.220 - Deferral of improvements for parcel maps
8.90.010 General Requirements
All improvements shall conform to these regulations and the subdivision standards.
Improvement plans shall be completed by thesubdivider’s applicant’s civil engineer prior to the acceptance of the final map for filing. Improvements not completed shall be guaranteed or bonded for, at the option of the City, prior to filing the final map.
8.90.020 Preparation and Form of Improvement Plans
A. Improvement plans shall be prepared by a registered civil engineer and shall show full details of all improvements required to be installed by the provisions of these regulations, and of all other improvements proposed to be installed by the subdivider applicant within any street, alley, pedestrian way, easement or other public area or right-of-way. Full details shall include cross sections, plans, profiles, estimated costs and specifications. Preliminary plans may be submitted prior to the final plans to allow time for checking and correction.
B. The form, layout, scale and other particulars of the plans, and the number of copies to be provided, shall be in accordance with the requirements of the City Engineer.
Subdivision Improvement Requirements 8.90.030
City of Grover Beach Zoning Code 8-43
Adopted October 15, 2012
Amended July 21, 2014 and __
8.90.030 Grading Plan
A grading plan and specifications prepared substantially in accordance with the preliminary grading plan approved as part of the approved or conditionally approved tentative map shall be submitted as part of the improvement plans. A permit must be obtained in accordance with the provisions of the City's grading regulations.
8.90.040 Plan Check Fees
At the time of the submission of the final improvement plans, the subdivider applicant shall pay a fee for plan checking, in an amount established by the City’s Master Fee Schedule.
8.90.050 Commencement of Improvement Work
Prior to the commencement of construction or installation of any improvements within any street, alley, path, easement or other public area or right-of-way, improvement plans shall have been approved by the City Engineer and Encroachment Permits issued.
8.90.060 Inspection of Improvement Work
All improvements shall be constructed under the inspection of the City Engineer and the subdivider applicant shall cause all such improvement work to be inspected at all times as the City Engineer may establish. The subdivider applicant shall obtain an encroachment permit, pay an inspection fee, in an amount established by resolution of the City Council, and enter into an Inspection Agreement, prior to the commencement of construction of the improvements as specified in the Encroachment Permit Ordinance.
8.90.070 Coordination of Improvement Work
All work and improvements contemplated by and performed under the provisions of these regulations shall be accomplished so as to coordinate and minimize interference with other private or public development and to minimize its threat to public safety.
8.90.080 Improvements Deferred or Waived
The Council Review Authority may defer or waive all or a portion of the improvements which would otherwise be required if the subdivision map is for the purpose of consolidating existing lots and unsubdivided parcels, eliminating abandoned streets or alleys, or adjusting boundaries, when there is not public need for such improvements, or such improvements are not immediately necessary.
8.90.090 Subdivision Improvement Requirements
8-44 City of Grover Beach Zoning Code
Adopted October 15, 2012
Amended July 21, 2014 and __
8.90.090 Over Sizing Improvements Reimbursements
As a condition of approval of a tentative map, it may be required that improvements installed by the subdivider applicant for the benefit of the subdivision be of a supplemental size, capacity or number for the benefit of property not within the subdivision, and that the improvement be dedicated to the public. If such condition is imposed, provision for reimbursement to the subdivider applicant, in the manner provided by the Subdivision Map Act, shall be contained in the subdivision improvement agreement entered into pursuant to these regulations, prior to any work being undertaken.
8.90.0100 Improvement Agreement
If the required improvements are not satisfactorily completed before a final map is filed, the subdivider applicant shall enter into an agreement with the City to make all improvements as may be required upon approval of such map.
8.90.0110 Form. Filing and Term of Improvement Agreement A. The improvement agreement shall be in writing, shall be approved as to form by the City Attorney, and shall be secured and conditioned as provided in this Chapter. The agreement shall be recorded prior to or simultaneously with the final map.
B. The foregoing improvement agreement shall be complete and executed by the City Manager and on file with the city before the final map is filed for recording. The term of each improvement agreement filed pursuant to the provisions of this Section shall begin on the date of recording and end upon the date of completion and fulfillment of all terms and conditions contained therein, to the satisfaction of the Council.
8.90.0120 Minimum Agreement Provisions
The agreement shall include the following provisions as minimum terms and conditions:
A. Mutually agreeable terms to complete all required improvements at the subdivider's applicant’s expense;
B. A provision that the subdivider applicant shall comply with all requirements of these regulations, of this code, and of other applicable laws, and with all terms and conditions of required improvement permits;
C. A statement indicating a period of time within which the subdivider applicant shall complete all improvement work;
D. A provision that, if the subdivider applicant fails to complete the work within the specified period of time, or any extended period of time that may have lawfully been granted to the subdivider applicant, the City may, at its option, complete the required improvement work and the subdivider applicant and his surety shall be firmly bound, Subdivision Improvement Requirements 8.90.0130
City of Grover Beach Zoning Code 8-45
Adopted October 15, 2012
Amended July 21, 2014 and __
under a continuing obligation, for payment of the full cost and expense incurred or expended by the City in completing such work;
E. Provision for the repair and replacement of defective material and workmanship of the improvements by the subdivider applicant for a period of twelve months after the improvements have been accepted by the Council;
F. A provision guaranteeing payment to the City for all engineering and inspection costs and fees not previously paid and all other incidental costs incurred by the City in enforcing the agreement.
8.90.0130 Additional Agreement Provisions
The foregoing improvement agreement may also include the following provisions and such other additional terms and conditions as may be required upon approval of the tentative map or as are determined necessary by the Council, the City Manager, or the Public Works Director to carry out the intent and purposes of these regulations:
A. Provision for the repair, at the subdivider's applicant’s expense, of any damage to public streets which may reasonably be expected to result from hauling operations necessary for subdivision improvements required by these regulations, including the importing or exporting of earth for grading purposes;
B. Mutually agreeable terms to acquire public easements which are outside the boundaries of the subdivision, at the subdivider's applicant’s expense; C. Mutually agreeable terms to improve, at some undetermined future date, easements offered and reserved for future public use at the subdivider's applicant’s expense; and providing that such improvements shall be secured by separate security in the manner prescribed in Section 8.90.140, and further providing that the requirements of this provision shall not delay the release of any other improvement security provided pursuant to Section 8.90.140;
D. Provision for reimbursement to be paid the subdivider applicant under the provisions of the Subdivision Map Act;
E. A provision that the subdivider applicant shall provide to the City, prior to the filing of the final map, letters from each utility company indicating that such companies have agreed to install, and will so install, the public utilities necessary to serve the subdivision.
8.90.0140 Improvement Security Required
The subdivider applicant shall secure the foregoing improvement agreement in the amount of 100% of the amount determined by the City Engineer to be the total estimated cost of the improvements, including a factor for inflationary cost increases, and any additional act to be performed by the subdivider applicant under the foregoing improvement agreement, including a factor for inflationary cost increases, plus such additional amounts as the City
8.90.0150 Subdivision Improvement Requirements
8-46 City of Grover Beach Zoning Code
Adopted October 15, 2012
Amended July 21, 2014 and __
Manager may determine are necessary to cover costs, reasonable expenses and fees, including reasonable attorney’s fees, which may be incurred by the City in successfully enforcing the agreement. The requirement of the improvement security shall not be waived under any circumstances.
8.90.0150 Form. Filing and Term of Improvement Security A. The improvement security shall be conditioned upon the faithful performance of the improvement agreement and shall be in one of the forms provided in the Subdivision Map Act. The form shall be the choice of the City in each improvement agreement. (Improvement security for public utility improvements may be in the form of a letter of assurance from the utility.)
B. Improvement security shall be filed with the City, together with the improvement agreement, before the City accepts the final map for filing. The form of the improvement security shall be subject to the approval of the City Attorney.
C. The term of the improvement security, filed pursuant to the provisions of this Section to secure the faithful performance of the agreement, shall begin on the date of filing and end upon the date of completion or fulfillment of all terms and conditions of the improvement agreement, to the satisfaction of the Council.
8.90.0160 Labor and Materials
When the improvement security provided pursuant to Section 8.90.140 is a surety bond, it shall be accompanied by a bond for the security of laborers and materialmen in an amount to be determined by the City Manager, but not less than 50 percent of the City Engineer’s estimated cost of the improvements. When the improvement security is a cash deposit or an instrument of credit, such security shall include an additional amount necessary for the protection of laborers and materialmen, but in no event less than 50 percent of the City Engineer’s estimated cost of the improvements.
8.90.0170 Liability for Alterations or Changes
The liability upon the security given for the faithful performance of the agreement shall include the performance of any changes or alterations in the work; provided, however, that all such changes or alterations do not exceed ten percent of the original estimated cost of the improvement.
8.90.0180 Release of Improvement Security – Assessment District Proceedings If the required subdivision improvements are financed and installed pursuant to special assessment proceedings, upon the furnishing by the contractor of the faithful performance and payment bond required by the special assessment act being used, the improvement Subdivision Improvement Requirements 8.90.0190
City of Grover Beach Zoning Code 8-47
Adopted October 15, 2012
Amended July 21, 2014 and __
security to the subdivider applicant may be reduced by the Council by an amount corresponding to the amount of such bonds financial instruments furnished by the contractor.
8.90.0190 Release of Improvement Security – Completion of Work A. Improvement security may be released upon the final completion and acceptance of the work; provided, however, such release shall not apply to the amount of security deemed necessary by the City Engineer for the guarantee and warranty period, nor to costs and reasonable expense fees, including reasonable attorney's fees, incurred by the City in enforcing the improvement agreement.
B. The Council shall, upon report by the City Engineer, accept and certify the satisfactory completion of improvement work prior to any release of improvement security covering such work.
8.90.0200 Withholding Building Permits
No building permit or similar entitlement of use shall be issued for the development of any lot within a subdivision until all required improvements are substantially completed or bonded for at the discretion of and to the satisfaction of the Public Works Director; provided, however, building permits and entitlement may be issued for the development of a lot designated as a model home site when the Public Works Director determines the following and executes a City Early Construction Agreement:
A. The construction of all required improvements has progressed to the extent that completion of and acceptance of the work seems assured to occur within a reasonable period of time; and
B. The development of the model home sites will not conflict with work in progress on the construction of the required improvements.
8.90.0210 Acceptance of Improvements
After the final parcel map or final tract map has been recorded, all subdivision improvements properly installed in accordance with previously approved plans and specifications shall be accepted by the Council and the subdivider applicant and any other person having an interest in such completion shall be notified in writing by the City Clerk of acceptance by the Council. At the time of acceptance, the City shall assume maintenance of the improvements except as otherwise provided in this Chapter. Parcel map improvements may be accepted by the Public Works Director; tract map improvements will be accepted by the Council.
8.90.0220 Deferral of Improvements for Parcel Maps
8.90.0220 Subdivision Improvement Requirements
8-48 City of Grover Beach Zoning Code
Adopted October 15, 2012
Amended July 21, 2014 and __
Improvements required for parcel maps may be deferred until a building permit or other entitlement for development of the parcel(s) is granted by the City, unless the City Engineer and Community Development Director finds that completion of improvements is necessary to protect the public health and safety or is a necessary prerequisite to the orderly development of the surrounding area. If these findings are made, the City may require completion of the improvement requirements within a reasonable time following approval of the parcel map and prior to the issuance of permits for development.
Subdivision Exceptions 8.100.010
City of Grover Beach Zoning Code 8-49
Adopted October 15, 2012
Amended July 21, 2014 and __
8.100 Subdivision Exceptions
Sections:
8.100.010 - Exception authority
8.100.020 - Required findings and conditions
8.100.030 - Filing applications – Form and content
8.100.040 - Commission or Public Works Director action
8.100.050 - Council actions
8.100.010 Exception Authority
Upon the recommendation of the Commission or Public Works Director, or upon its sole determination, the Council may authorize exceptions to the requirements or standards imposed by these regulations; provided, however, that no exceptions may be made to any requirements imposed by the Subdivision Map Act; and further provided that nothing in this Chapter shall be construed as altering or conflicting with the powers and duties of the City to approve variances from this Development Code.
8.100.020 Required Findings and Conditions
A. Before any exception is authorized, all of the following findings shall be made:
1. That the Property to be divided is of such size or shape, or is affected by such topographic conditions, that it is impossible, impractical or undesirable, in the particular case, to conform to the strict application of the regulations codified in this title; and
2. That the cost to the subdivider applicant of strict or literal compliance with the regulations is not the sole reason for granting the modification;
3. That the modification will not be detrimental to the public health, safety and welfare, or be injurious to other properties in the vicinity; and
4. That granting the modification is in accord with the intent and purposes of these regulations, and is consistent with the General Plan and with all applicable specific plans or other plans of the City.
B. In granting any exception, the Council shall impose such conditions as are necessary to protect the public health, safety and welfare, and assure compliance with the General Plan, with all applicable specific plans, and with the intent and purposes of these regulations.
8.100.030 Subdivision Exceptions
8-50 City of Grover Beach Zoning Code
Adopted October 15, 2012
Amended July 21, 2014 and __
8.100.030 Filing Applications – Form and Content
A. Applications for exceptions shall be filed, in writing, by the subdivider applicant with the Community Development Director, upon a form and in the number of copies required for that purpose.
B. Each application shall state fully the nature and extent of the exception requested, the specific reasons for it, and the facts relied upon to reach those conclusions.
8.100.040 Commission or Public Works Director Action
The Commission (tract map) or Public Works Director (parcel map) shall separately consider any request for an exception and shall recommend approval or conditional approval only after determining that findings can be made which substantiate the criteria set out in Section 8.70.010.
8.100.050 Council Action
Within 30 days of its receipt of the Commission's recommendation, the City Council shall consider and approve, conditionally approve, or deny the request for exceptions.
Reversion to Acreage 8.110.010
City of Grover Beach Zoning Code 8-51
Adopted October 15, 2012
Amended July 21, 2014 and __
8.110 Reversion to Acreage
Sections:
8.110.010 – Purpose Procedures for Reversion To Acreage
8.110.020 - Initiation of proceedings
8.110.030 - Public hearing
8.110.040 - Required findings
8.110.050 - Required conditions
8.110.060 - Delivery of reversion map to county recorder
8.110.070 - Effect of filing reversion map with the County Recorder
8.110.080 - Tax bond not required
8.110.010 Purpose Procedures for Reversion To Acreage
This Section is intended to enable the aggregation of subdivided real property Reversion to acreage shall be completed consistent with Subdivision Map Act section 66499.11 through 66499.20.3
8.110.020 Initiation of Proceedings
Proceedings for reversion to acreage may be initiated by the Council on its own motion or by petition of all of the owners of record of the real property within the area to be reverted. The petition shall contain the following:
A. Adequate evidence of title to the real property within the subdivision; B. A statement outlining the use, non-use, viability or lack of-necessity for existing easements, offers of dedication or similar attachments which are to be vacated or abandoned or maintained;
C. Sufficient data to enable the Council to make all of the determinations and findings required by this Chapter.
D. A final map which delineates dedications which will not be vacated and dedications which are a condition to reversion, and the boundary of the area to be reverted to acreage.
E. Any other pertinent information as may be required by the Public Works Director.
8.110.030 Public Hearing
After giving notice as provided in Section 7.10 (Public Hearings), the Council shall hold a public hearing on the proposed reversion to acreage.
8.110.040 Required Findings
8.110.050 Reversion to Acreage
8-52 City of Grover Beach Zoning Code
Adopted October 15, 2012
Amended July 21, 2014 and __
Before approving the map, the Council shall find that:
A. Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary to present or prospective public purposes; and B. Either:
1. All owners having an interest in the real property to be reverted to acreage have consented to reversion; or
2. None of the improvements required to be made have been made within two years from the date the final tract or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is the later; or
3. No lots shown on the final tract or parcel map have been sold within five years from the date such map was filed for record.
8.110.050 Required Conditions
As conditions of reversion, the Council shall require:
A. Dedications or offers of dedication necessary for the purposes specified by the regulations set out in this title;
B. Retention of all previously paid fees if necessary to accomplish the purposes of the regulations set out in this title;
C. Retention of any portion of required improvement security or deposits if necessary to accomplish the purposes of this Chapter.
8.110.060 Delivery of Reversion Map to County Recorder
After the hearing and approval of the final reversion to acreage map by the Council, the City Clerk shall transmit the map to the County recorder for recordation.
8.110.070 Effect of Filing Reversion Map with the County Recorder A. The filing of the map with the County Recorder shall constitute reversion to acreage of the real property affected, and thereupon all dedications and offers of dedication not shown thereon shall be of no further force or effect.
B. When a reversion is effective, all fees and deposits shall be returned and all improvement security released, except those retained pursuant to Section 8.110.050.
8.110.080 Tax Bond Not Required
A tax bond shall not be required in reversion proceedings.
Reversion to Acreage 8.110.080
City of Grover Beach Zoning Code 8-53
Adopted October 15, 2012
Amended July 21, 2014 and __
8.120.010 Lot Merger
8-54 City of Grover Beach Zoning Code
Adopted October 15, 2012
Amended July 21, 2014 and __
8.120 Lot Merger
Sections:
8.120.010 - Purpose
8.120.020 - Application
8.120.030 010 - Procedures for lot merger
8.120.010 Purpose
A. This Section is intended to enable the merger of contiguous parcels where the Community Development Director and City Engineer have determined that requirements for on-site and off-site improvements have been satisfied or will be imposed as a condition of a future entitlement for use of the subject parcel(s).
8.120.020 Application
A. Application for lot merger shall be made in a form prescribed by the Community Development Director.
8.120.030 8.120.010 Procedures for Lot Merger
Upon a determination by the Community Development Director and City Engineer that the lots proposed for merger are legal lots, that the owners of the subject lots consent to the proposed merger, and that on-site and offsite improvements which were imposed as conditions of approval have either been installed and accepted or will be required as part of a future entitlement for use or development of the subject lot(s), a certificate of lot merger shall be prepared. Said certificate shall describe the new exterior boundary of the lot after merger and shall be recorded in the Office of the County RecorderLot mergers shall be completed consistent with Subdivision Map Act Section 66451.
Condominium Conversions 8.130.010
City of Grover Beach Zoning Code 8-55
Adopted October 15, 2012
Amended July 21, 2014 and __
8.130 Condominium Conversions
Sections:
8.130.010 - Purpose and intent
8.130.020 - Applicability of other laws
8.130.030 - Provisions to govern condominium conversion projects
8.130.040 - Application requirements
8.130.010 Purpose and Intent
Condominiums, community apartments and stock cooperatives provide for ownership of separate dwellings or equity coupled with a right of exclusive occupancy, as well as common areas within multi-family housing normally managed and maintained by an owner's association. This mix of individual and common ownership and the potential problems of converting existing apartments make special regulations necessary.
The City has determined that condominiums differ from apartments in some respects and, for the benefit of public health, safety and welfare, the conversion of such projects should be treated differently from apartments.
These regulations are intended to:
A. Establish requirements and procedures for the conversion of existing rental housing to residential condominiums and other forms of occupant housing.
B. Provide for compliance with the Land Use Element and Housing Element of the City's General Plan.
C. Assure purchasers of converted apartments are aware of the condition of the structure which is offered for purchase.
D. Provide design and property improvement standards for condominium conversion projects.
E. Maintain a healthy inventory of rental housing suitable for persons of low and moderate-income.
8.130.020 Applicability of Other Laws
All condominium projects shall be subject to all applicable provisions of the Subdivision Map Act and this Development Code, and all other applicable state and local laws and ordinances.
8.130.030 Provisions to Govern Condominium Conversion Projects The procedures and standards contained in this Chapter shall govern condominium conversion projects.
8.130.040 Condominium Conversions
8-56 City of Grover Beach Zoning Code
Adopted October 15, 2012
Amended July 21, 2014 and __
8.130.040 Application Requirements
The following shall be provided at the time of application for a condominium conversion:
A. Property Condition Report. The application shall be accompanied by a Property Condition Report. This report shall be in addition to and shall not replace any public report required by Government Code Section 66427.1 (a) to be submitted to the Department of Real Estate. The Property Condition Report shall include at least the following:
1. A report detailing the condition of all elements of the property including foundations, ventilation, utilities, walls, roofs, windows, mechanical equipment, appliances which will be sold with the units, common facilities and parking areas.
The report shall state, to the best knowledge of the applicant, and for each element:
the date of construction, the condition, the expected useful life, the cost of replacement, and any variation from the zoning regulations in effect when the last building permit was issued for the subject structures. The report shall include evidence that the internal walls would meet current sound attenuation standards and that all current energy conservation standards are met. In the event the noise and energy standards are not currently met, the report shall explain proposed corrective measures to be used. The report shall identify all defective or unsafe elements or those which may impair use and enjoyment of the property, and explain the proposed corrective measures to be used. The report shall be prepared by or under the supervision of a registered civil or structural engineer, licensed general contractor, or architect;
2. A report from a licensed pest-control operator describing in detail the presence and effects of any wood destroying organisms;
3. A report of any known soil or geological problems. Reference shall be made to any previous soil reports for the site.
B. Site Plan. The application shall be accompanied by a site plan which shall include at least the following:
1. The location, number of stories, number of dwellings, and proposed use of each structure to remain and for each proposed new structure;
2. The location, use and type of surfacing for all open storage areas;
3. The location and type of surfacing for all driveways, pedestrian ways, vehicle parking areas and curb cuts;
4. The location and number of all covered and uncovered parking spaces;
5. The location of all existing and proposed utility lines and meters;
6. The location, height and type of materials for walls and fences;
7. The location of all landscaped areas, the type of landscaping, method of irrigation, and a statement specifying private or common maintenance;
8. The location and description of all recreational facilities; Fees 8.140.010
City of Grover Beach Zoning Code 8-57
Adopted October 15, 2012
Amended July 21, 2014 and __
8.140 Fees
Sections:
8.140.010 - Council Authority
8.140.010 Council Authority
The Council shall, by resolution, establish fees to be charged of subdivider applicant, and procedures of collection and refunds for any activities authorized or required by this Chapter, including appeals and requests for continuance or time extension.
8.150.010 Enforcement
8-58 City of Grover Beach Zoning Code
Adopted October 15, 2012
Amended July 21, 2014 and __
8.150 Enforcement
Sections:
8.150.010 - Generally
8.150.020 - Illegal subdivisions – Notification of Public Works Director required
8.150.030 - Certificate of compliance – Application – Fee
8.150.040 - Certificate of compliance – Application – Determination
8.150.050 - Certificate of compliance – Recordation
8.150.060 - Illegal subdivision – Permit issuance prohibited
8.150.010 Generally
Except as otherwise provided in this Chapter, the Public Works Director is authorized and directed to enforce the regulations set out in this Chapter and the Subdivision Map Act for subdivision within the City.
8.150.020 Illegal Subdivisions – Notification of Public Works Director Required Any of officer or employee of the City who has knowledge that real property has been divided in violation of the Subdivision Map Act or the regulations set out in this title, shall immediately so notify the Public Works Director. Upon receipt of the information, the Public Works Director shall file the notices required by the Subdivision Map Act.
8.150.030 Certificate of Compliance – Application – Fee A. Any person owning real property, or the agent or representative of such person, may file an application for a certificate of compliance to determine whether such real property complies with the provisions of the Subdivision Map Act and of this ordinance.
Such applications shall be filed with the Public Works Director, who shall be responsible for the issuance and recordation of the same. The form of the application shall be prescribed by the Public Works Director.
B. A non-refundable fee in an amount specified by resolution of the Council for each lot or parcel for which a certificate is sought, shall accompany the application.
8.150.040 Certificate of Compliance – Application – Determination A. Within fifteen days after the filing of the application for a certificate of compliance, the Public Works Director shall grant, conditionally grant, or deny such application.
B. If at any time during the processing of the application for a certificate of compliance, the Public Works Director determines that additional information or data is required, the applicant shall be promptly advised in writing, by mail, of the additional material to be supplied before further action will be taken on the application.
Enforcement 8.150.050
City of Grover Beach Zoning Code 8-59
Adopted October 15, 2012
Amended July 21, 2014 and __
C. If the application for-a certificate of compliance is to be conditionally granted, the Public Works Director shall impose all conditions reasonably necessary to protect the public health, safety and welfare.
D. The applicant shall be notified, in writing, of the action taken on the application and of the findings of fact supporting the decision.
8.150.050 Certificate of Compliance – Recordation
A. The certificate of compliance shall be filed for recording with the County Recorder by the Public Works Director. Such certificate shall identify the real property and shall state that the configuration thereof complies with applicable provisions of these regulations and all other provisions of this Code regulating the division of land within the City.
B. A certificate of compliance granted with conditions shall not be recorded until all conditions have been met, or until assurance that such conditions will be met, in a form approved by the City Attorney and accepted by the Public Works Director.
C. If the application for a certificate of compliance is to be conditionally granted, the Public Works Director shall impose all conditions reasonably necessary to protect the public health, safety and welfare.
D. The applicant shall be notified, in writing, of the action taken on the application and of the findings of fact supporting the decision.
8.150.060 Illegal Subdivision – Permit Issuance Prohibited No board, commission, officer or employee of the City shall issue any certificate or permit, or grant any approval necessary to develop any real property within the City which has been divided, or which resulted from a division, in violation of the provisions of the Subdivision Map Act or of this title.
0 8.160 Urban Lot Splits
8-60 City of Grover Beach Zoning Code
Adopted October 15, 2012
Amended July 21, 2014 and __
8.160 Urban Lot Splits
Sections:
8.160.010 – Authority and Purpose
8.160.020 – Subdivision Standards
8.160.030 – General Requirements and Restrictions
8.160.040 – Approval Process
8.160.010 Authority and Purpose
A. The purpose of this Section is to implement the provisions of California Government Code Sections 66452.6, 65852.21, and 66411.7 regarding the allowance for urban lot splits and establishment of more than one dwelling unit on properties in zones formerly limiting development to a single primary dwelling unit, specifically the R1, CR1, and CPR1 zones.
Urban lot splits shall comply with the subdivision standards and general requirements and restrictions set forth in this Section.
8.160.020 Subdivision Standards
The following objective subdivision standards supersede any other standards to the contrary that may be provided in this Development Code, as they pertain to creation of an urban lot split under Section 66411.7 of the Government Code.
A. Flag/Corridor Lots. The access corridor of a flag/corridor lot parcel shall be in fee as part of the parcel and/or as an easement and shall be a minimum width of 14 feet, or 10 feet for lots with a depth of 200 feet or less.
B. Public Access. Each existing and newly created lot shall have access to a public street. Such access may be provided via an easement of a minimum width 14 feet, or 10 feet for lots with a depth of 200 feet or less, or as a flag/corridor lot.
C. Lot Lines. The side lines of all lots shall be at right angles, to the maximum extent feasible, to streets or radial to the centerline of curved streets.
D. Minimum Lot Size. Each new parcel created shall be approximately equal in lot area, provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision. In no event shall any new parcel be less than 1,200 square feet in lot area. The minimum lot area for a flag/corridor lot shall be exclusive of the access corridor portion of the flag lot.
E. Minimum Lot Width. Each new parcel shall maintain a minimum lot width of 35 feet.
F. Number of Lots. The parcel map to subdivide an existing parcel shall create no more than two new parcels.
8.160 Urban Lot Splits 0
City of Grover Beach Zoning Code 8-61
Adopted October 15, 2012
Amended July 21, 2014 and __
8.160.030 General Requirements and Restrictions
The following requirements and restrictions apply to all proposed urban lot splits:
A. Adjacent Parcels. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously conducted an urban lot split to create an adjacent parcel as provided for in this Section.
B. Dedication and Easements. The City Engineer shall not require dedications of rightsof-way nor the construction of offsite improvements as part of the urban lot split.
However, the City Engineer may require recording of easements necessary for the provision of future public services, facilities, and future public improvements. This subsection does not preclude the requirement for dedications and off-site improvements required as part of the building permit process.
C. Existing Structures. Existing structures located on a parcel subject to an urban lot split shall not be subject to a setback requirement. However, any such existing structures shall not be located across the shared property line resulting from an urban lot split unless the structure is converted to an attached unit. All other existing structures shall be modified, demolished, or relocated prior to recordation of a parcel map.
D. Grading. All grading activity shall comply with Section 5.50 (Grading and Drainage).
E. Intent to Occupy. The applicant shall submit a signed affidavit to the Community Development Director attesting that the applicant intends to occupy one of the newly created parcels as his/her principal residence for a minimum of three years from the date of the approval of the urban lot split or certificate of occupancy, whichever is later.
This requirement shall not apply to an applicant that is a "community land trust," as defined clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the California Revenue and Taxation Code, or a "qualified nonprofit corporation" as described in Section 214.15 of the Revenue and Taxation Code.
F. Utility Connections. Any and all existing units on a newly created lot shall be required to have their own utility connections and shall not share connections with any units on adjacent lots.
G. Nonconforming Conditions. The City shall not require, as a condition of approval, the correction of nonconforming zoning conditions. However, no new nonconforming conditions shall result from the urban lot split other than interior side and rear setbacks as set forth for the applicable zone as required by this Development Code.
H. Number of Remaining Units. No parcel created through an urban lot split shall be allowed to include more than two existing dwelling units as defined by Government Code section 66411.7(j)(2). Any excess dwelling units that do not meet these requirements shall be relocated, demolished, or otherwise removed prior to approval of a parcel map.
I. Prior Subdivision. A parcel created through a prior urban lot split may not be further subdivided under the provisions of these regulations. The applicant shall submit a signed covenant to the Community Development Director documenting this restriction.
The convent shall be recorded on the title of each parcel concurrent with recordation of the parcel map.
0 8.160 Urban Lot Splits
8-62 City of Grover Beach Zoning Code
Adopted October 15, 2012
Amended July 21, 2014 and __
J. Restrictions on Demolition. The proposed urban lot split shall not require the demolition or alteration of any of the following types of housing:
1. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;
2. Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power; or
3. Housing that has been occupied by a tenant in the last three years.
K. Stormwater Management. The development shall comply with Chapter 5.60 (Stormwater Construction and Post-Construction Management).
L. Utility Providers. The requirements of the parcel's utility providers shall be satisfied prior to recordation of a parcel map.
8.160.040 Approval Process
Applications for urban lot splits shall be submitted and processed in compliance with the following requirements:
A. Application Type. Urban lot splits require a parcel map application and a Zoning Clearance which shall be reviewed ministerially for compliance with the applicable regulations. A parcel map waiver shall not be permitted.
B. Application Filing. The parcel map application, including the required application materials and fees, shall be filed with the Community Development Department.
C. Development. Development on the resulting parcels is limited to the project approved by the two-unit housing development process, as allowed by this Section and Section
4.25.060 (Two-Unit Housing Developments in the R1, CR1, and CPR1 zones).
D. Denial. The Building Official may deny an urban lot split only if the Building Official makes a written finding, based upon a preponderance of the evidence, that an urban lot split or two-unit housing development located on the proposed new parcels would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
Attachment 3, Exhibit G
City of Grover Beach Development Code 9-1
Adopted October 15, 2012
Amended July 21, 2014, December 16, 2013, May 15, 2017, January 8, 2018, May 21, 2018, December 3, 2018, March 18, 2019, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
CHAPTER 9. DEFINITIONS
9.10.010 Purpose ....................................................................................................................................... 2
9.10.020 Definitions of Specialized Terms and Phrases ........................................................................... 2
9.10.030 Coastal Act Definitions .............................................................................................................. 29
9.10.040 Adult Business Definitions ........................................................................................................ 34
9.10.050 Short-Term Rental Definitions ................................................................................................... 37
9.10.060 Sign Regulation Definitions ....................................................................................................... 38
9.10.010 Definitions
9-2 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, December 16, 2013, May 15, 2017, January 8, 2018, May 21, 2018, December 3, 2018, March 18, 2019, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __ Definitions
Sections:
9.10.010 - Purpose
9.10.020 - Definitions of Specialized Terms and Phrases
9.10.030 - Coastal Act Definitions
9.10.040 - Adult Business Definitions
9.10.050 - Short-Term Rental Permit Definitions
9.10.060 - Sign Regulation Definitions
9.10.010 Purpose
This Chapter provides definitions of terms and phrases used in this Development Code that are technical or specialized, or that may not reflect common usage. If any of the definitions in this Chapter conflict with definitions in other provisions of the Municipal Code, these definitions shall control for the purposes of this Development Code. If a word is not defined in this Chapter, or in other provisions of the City of Grover Beach Municipal Code, the Director shall determine the definition.
9.10.020 Definitions of Specialized Terms and Phrases
Abut. Having property lines, street lines, and/or zoning lines in common.
Accessory or Incidental Use. A use customarily incidental to, related and clearly subordinate to a primary use on the same lot, which does not alter the primary use nor serve property other than the lot where the primary use is located.
Accessory Dwelling Unit or ADU. An attached or detached dwelling unit which provides complete independent living facilities for one or more persons and provides permanent provisions for living. sleeping, eating. cooking, and sanitation on the same parcel as the primary unit. Does not include "Junior Accessory Dwelling Unit" and "Tiny Home”, which are separately defined.
Accessory Structure. A structure that is attached or detached from, secondary and incidental to, and commonly associated with a primary structure on the same site.
Examples include sheds, covered patios, workshops, decks greater than 30 inches above ground level, residential occupancies with no overnight stays, and detached garages.
Does not include “Accessory Dwelling Units” such as detached living areas permitted as an ADU or Junior ADU, or structure with living areas located above an accessory structure or share a common wall such as a garage with an ADU above, or detached living areas.
Acting in Concert. Persons, as defined by Government Code Section 82047, acting jointly to pursue development of real property, whether or not pursuant to a written agreement and irrespective of individual financial interest.
Definitions 9.10.020
City of Grover Beach Development Code 9-3
Adopted October 15, 2012
Amended July 21, 2014, December 16, 2013, May 15, 2017, January 8, 2018, May 21, 2018, December 3, 2018, March 18, 2019, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __ Addition. New habitable space added to an existing structure or conversion of existing non-habitable space to habitable space.
Administrative Development Permit. A discretionary permit issued by the Director for certain construction and development projects. See Section 6.20.020 (Administrative Development Permit).
Administrative Use Permit. A discretionary permit issued by the Director for certain land uses. See Section 6.20.030 (Administrative Use Permit).
Affordable Housing. As defined in the California Health and Safety Code Section 50052.5
Agent. A person authorized in writing by the property owner to represent and act for a property owner in contacts with City employees, Commissions, and the Council, regarding matters regulated by this Development Code.
Aggrieved Person. Anyone who, in person or through an explicitly identified representative, appeared at a public hearing before the Director, Commission, or Council in connection with the decision or appeal of any development, or who by other appropriate means before a hearing, informed the City of the nature of their concerns, unless for good cause was unable to do either.
Alcoholic Beverage Sales. The retail sale of beer, wine, and/or distilled spirits for onpremise or off-premise consumption.
Alley. A public or private roadway that provides vehicle access to the rear or side of lots having other public street frontage, which is not intended for general traffic circulation.
Allowed (Allowed Use). A land use identified by Chapter 2 as a permitted or conditional use that may be established with a development permit Development Permit, Coastal Development Permit, Administrative Development Permit, Zoning Clearance, and/or building permit approval, subject to compliance with all applicable provisions of this Development Code.
Animal Boarding or Kennel. A commercial facility for the overnight keeping or boarding of household pets. Does not include uses where overnight boarding is an accessory use such as “Animal Care Facilities” and pet stores.
Animal Care Facility. Office and indoor medical treatment facility used by veterinarians for the care of household pets, where boarding is incidental to the primary use. If boarding is the primary use, see “Animal Boarding”.
Applicant. Any individual, firm, or any other entity that applies to the City for the applicable permits to undertake any land use, construction or development project within the City.
Approval. Includes both approval and approval with conditions.
Architectural Treatment. Design elements on a building facade such as doors, windows, shutters, and accent materials which are not strictly necessary for the structural integrity of a building but are used to add texture and variety.
9.10.020 Definitions
9-4 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, December 16, 2013, May 15, 2017, January 8, 2018, May 21, 2018, December 3, 2018, March 18, 2019, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __ Automobile Service Station. A building and/or lot or use having pumps and storage tanks where motor vehicle fuels, lubricating oil, grease, or accessories for motor vehicles are dispensed, sold, or offered for sale at retail only. Car washing and repair services are incidental to the primary use.
Automated Teller Machine (ATM). A computerized, self-service machine used by banking customers for financial transactions, including deposits, withdrawals and fund transfers, without face-to-face contact with financial institution personnel. The machines may be located at or within banks, or in other locations. Does not include drive-thru ATMs (drive-thru businesses are regulated separately).
Awning. A light roof-like structure, supported entirely by the exterior wall of a building; consisting of a fixed or movable frame covered with cloth, plastic or metal; extending over doors, windows, and/or show windows; with the purpose of providing protection from sun and rain and/or embellishment of the façade.
Bar/Tavern/Night Club. A business which is not part of a larger restaurant where alcoholic beverages are sold for on-site consumption. Includes bars, taverns, pubs, and similar establishments. Food service is subordinate to the sale of alcoholic beverages.
May also include beer brewing as part of a microbrewery. Entertainment must be authorized as part of the required Use Permit.
Bed and Breakfast Inn (B&B). The use of a single residential structure with up to five bedrooms that is used for the purpose of lodging transient guests. No meals may be prepared or sold to persons other than overnight guests.
Boarding House. A dwelling or part of a dwelling where lodging is furnished for compensation to three or more persons living independently from each other. Meals may also be included. Does not include “Residential Care Facilities” or “High Occupancy Residential Use”.
Building. See “Structure”.
Building and Landscape Materials Sales. A retail establishment selling hardware, tools, appliances, lumber and other building materials, plants and other landscaping materials. Includes paint, wallpaper, flooring, glass, fixtures, and similar products.
Includes these types of stores selling to the general public, even if contractor sales account for a major proportion of total sales. Establishments primarily selling electrical, plumbing, heating, and air conditioning equipment and supplies are classified in “Wholesaling and Distribution. “Establishments primarily selling plants are classified as a “Plant Nursery”.
Building Height. See Section 3.10.030 (Height Limits and Exceptions).
Business Support Service. An establishment that provides services to other businesses. Examples of these services include: blueprinting; computer-related service (rental, repair); copying, duplicating, quick printing service; courier, messenger, and delivery service (small scale without fleet vehicle storage); mailing, telegram, and mail box service; outdoor advertising service; and security services.
Definitions 9.10.020
City of Grover Beach Development Code 9-5
Adopted October 15, 2012
Amended July 21, 2014, December 16, 2013, May 15, 2017, January 8, 2018, May 21, 2018, December 3, 2018, March 18, 2019, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __ California Environmental Quality Act (CEQA). The California Environmental Quality Act (CEQA) and its implementing guidelines.
Canopy Structures. All structures, canopies, temporary carports, membrane structures or other canopies that are temporary coverings of plastic, cloth, nylon, or other similar materials supported by a frame, including, but not limited to, prefabricated canopies available from retail outlets.
Car Share. A car rental arrangement in which people rent a vehicle for short periods of time, often by the hour, and where available vehicles typically are parked on a public street or in a small parking lot.
Caretaker Residence. A permanent residence that is accessory to the primary use of the property, and used for housing a caretaker on the site of a non-residential use where needed for security purposes or to provide 24-hour care or monitoring of people, plants, animals, equipment, or other conditions on the site.
Catering Service. A business that prepares food for consumption on the premises of a client and/or at their place of business.
Certificate of Occupancy. A clearance issued by the City indicating that a building or structure meets all code requirements for human occupancy and use.
Change in Plane. A shift in the vertical wall surface of a building.
Child Day Care. Facilities that provide non-medical care and supervision of minor children for periods of less than 24 hours. This land use includes the following types of facilities, all of which are required to be licensed by the California State Department of Social Services:
1. Day Care Center. Commercial or non-profit child day care facilities designed and approved to accommodate 15 or more children, or fewer than 15 children in a nonresidential building. Includes infant centers, preschools, sick-child centers, child nurseries and school-age day care facilities. These may be operated in conjunction with a school or church facility, or as an independent land use. May be counted towards satisfying the commercial component of a mixed-use development.
2. Large Family Day Care Home. A day care facility located in a single-family residence dwelling unit where an occupant of the residence dwelling unit provides care and supervision for seven to 14 children. Children under the age of 10 years who reside in the home dwelling unit count as children served by the day care facility.
3. Small Family Day Care Home. A day care facility located in a single-family residence dwelling unit where an occupant of the residence dwelling unit provides care and supervision for either six or fewer children, or eight or fewer children provided that no more than two of the children are under the age of two and at least two of the children are over the age of six. Children under the age of 10 years who reside in the home dwelling unit count as children served by the day care facility.
City. The City of Grover Beach.
9.10.020 Definitions
9-6 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, December 16, 2013, May 15, 2017, January 8, 2018, May 21, 2018, December 3, 2018, March 18, 2019, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __ City Council. The City of Grover Beach City Council referred to in this Development Code as the “Council.”
Coastal Act. The California Coastal Act of 1976, California Public Resources Code Sections 33000 et seq., as amended.
Coastal Commission. The California Coastal Commission.
Coastal Development Permit. A discretionary permit issued by the Commission or Director for certain construction and development projects. See Section 6.20.040 (Coastal Development Permit).
Commercial Cannabis Uses. The uses are limited to commercial Medical and Adult Uses licensed in Chapter 5, Division 10, Cannabis, of the Business and Professions Code, and those Cannabis regulations issued by the California Bureau of Cannabis Control, Department of Public Health and the Department of Food and Agriculture as modified and restricted hereafter, and in Municipal Code Article III Chapter 18.
Commercial recreation facilities, Indoor. Establishments that provide amusement and services for a fee or admission charge. May also include related commercial facilities, including bars and restaurants. Examples include bowling alleys, card rooms, coinoperated amusement arcades, electronic game arcades (video games, etc), pool and billiard rooms (as primary use), and theaters (performing or cinema).
Commercial recreation facilities, Outdoor. Establishments that provide outdoor amusement and entertainment services for a fee or admission charge. May also include related commercial facilities, including bars and restaurants, video game arcades, etc.
Examples include miniature golf, swim clubs, and aquariums.
Commercial Terrace: A frontage where a terrace extends along the building’s frontage providing public circulation, outdoor uses, and access to the commercial space entries.
The terrace may be at grade or slightly above/below grade. This frontage is suitable for outdoor cafes and plazas.
Common Area Development. A subdivision or development that constructs and shares facilities, including but not limited to shared driveways, drainage basins, utility lines and components that serve areas utilized for the benefit of residents, sidewalks, clubhouses, open space, trails, and other facilities, regardless of underlying lots or parcel ownership.
Common Interest Development. Any of the following: a community apartment project, a condominium project, a planned development, or a stock cooperative identified in Civil Code Section 1351.
Communal Housing. Shared living quarters without separate kitchen facilities for each room or unit, where five or more rooms or beds are rented individually to tenants under separate rental agreements, with or without meal service included. This classification includes rooming and boarding houses, dormitories and other types of organizational housing intended for long-term occupancy (more than 30 consecutive calendar days) but excludes “Lodging”, and “Residential Care Facilities”, “Supportive Housing”, and “Transitional Housing”.
Definitions 9.10.020
City of Grover Beach Development Code 9-7
Adopted October 15, 2012
Amended July 21, 2014, December 16, 2013, May 15, 2017, January 8, 2018, May 21, 2018, December 3, 2018, March 18, 2019, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __ Communication Facilities. See “Telecommunications Facilities”.
Community Development Director. See “Director”.
Community Gardens. A site used for growing plants for food, fiber, herbs, flowers, and others, which is shared and maintained by community residents.
Concession. As used with regard to a density bonus, 1) reduction in site development standards or a modification of Development Code or architectural design requirements, such as a reduction in setback or minimum square footage requirements; 2) approval of mixed-use zoning; or 3) other regulatory incentives which actually result in identifiable and actual reductions in the cost of constructing affordable housing.
Continuous Plane. The wall of a building that extends in an uninterrupted manner.
Cornice. A projecting shelf along the top of an exterior wall often supported by brackets or structural pieces of stone or wood.
Courtyard. An unroofed area completely or mostly enclosed by the walls of a building or buildings.
Cut Out. An architectural design approach that involves modifying a building façade by insetting a portion of the wall.
Demolish. As defined in GGMC Section 4.10.075.
Density. The number of dwellings per gross acre, unless otherwise stated. The calculation of gross acreage in residential all zones shall include the adjacent right of ways to centerline of the street.
Density Bonus. As defined by Government Code Section 65915 et seq. and subject to requirements of Section 3.20 (Affordable Housing Density Bonuses and Concessions/Incentives).
Department. The City of Grover Beach Community Development Department.
Development Permit. A discretionary permit issued by the Commission for certain construction and development projects. See Section 6.20.060 (Development Permit).
Development PermitsApplications. Authority granted by the City to use a specified site for a particular purpose. “Development PermitsApplications” includes Home Occupation Permit, Temporary Use Permit, Administrative Development Permit, Administrative Use Permit, Use Permit, Development Permit, Coastal Development Permit, Modification to Standards, Zoning Clearance, Subdivision Maps, and Variance, as established by Article
6.20 (Permit Review and Decisions) of this Development Code.
Director. The City of Grover Beach Community Development Director or his/her designee. Referred to in this Development Code as the “Director”.
Discretionary Permit. A City land use review and entitlement process where the Review Authority exercises discretion in deciding to approve or disapprove the permit. Includes
9.10.020 Definitions
9-8 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, December 16, 2013, May 15, 2017, January 8, 2018, May 21, 2018, December 3, 2018, March 18, 2019, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __ all “Development Permits” and Subdivision MapsApplications” except for Zoning Clearances.
Drive-thru business. Any business that either by design or operation provides services or products directly to occupants of a motor vehicle, except gasoline service stations.
Duplex. A residential use of property consisting of a building designed for and containing two dwelling units entirely under one roof, completely separated from each other by one solid wall common to each unit.
Dwelling, Dwelling Unit, or Unit. A room or group of internally connected rooms that have sleeping, cooking, eating, and sanitation facilities, but not more than one kitchen (with exception of Accessory Dwellings and Tiny Homes, as defined further in this section), which constitute an independent housekeeping unit, occupied by or intended for one household on a long-term basis.
Emergency Shelter. A facility for the temporary overnight shelter of indigents operated by a public or non-profit agency. As defined in Government Code Section 65582(d), housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person, and open to anyone irrespective of his/her inability to pay for services. See also “Low Barrier Navigation Center”.
Entry, Primary. The main doorway used to enter a building from a sidewalk or parking lot.
Entryway. The doorway or doorways used to access a building.
Equipment Rental. A service establishment that may offer a wide variety of household and business equipment, furniture, and materials for rental. Does not include the rental of heavy construction equipment such as tractors. See “Wholesaling and Distribution”.
Extremely Low Income Household. Extremely low income household as defined by State Health and Safety Code Section 50106 as 30% of county median income.
Extrusion. Any component of a building facade that projects from the horizontal surface of the façade, such as a bay window or façade break.
Façade Articulation. Vertical or horizontal modulations in the façade of a building.
Fence. A constructed, un-roofed barrier of wood, metal, masonry, or other material as allowed by this Development Code, that is intended to enclose, separate, define, secure, protect, and/or screen one or more areas of a site.
1. Transparent Fencing. A barrier constructed of materials including rails, pickets, wrought iron, or wire, with the materials spaced to that leaves at least 75 percent of the surface area open, allowing air and light to pass through the fence.
2. Razor or Concertina Wire. Sharp fencing materials that are designed to lacerate unauthorized persons attempting to climb or cross the fence through other than a gate.
Definitions 9.10.020
City of Grover Beach Development Code 9-9
Adopted October 15, 2012
Amended July 21, 2014, December 16, 2013, May 15, 2017, January 8, 2018, May 21, 2018, December 3, 2018, March 18, 2019, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __ Financial Institutions. Financial institutions including banks and trust companies, credit unions, and savings and loan. See also, "Automated Teller Machine." Does not include check cashing stores, which are defined under "Personal Services – Restricted”.
Finding. A factual conclusion of the Review Authority based on the evidence presented during the approval process.
Floor Area Ratio. The Floor Area Ratio (FAR) is the ratio of floor area to total lot area.
FAR restrictions are used to limit the maximum floor area allowed on a site. The maximum floor area of all structures on a site shall be determined by multiplying the FAR by the total net area of the site.
Forecourt. A frontage where a portion of the main façade of the building is at or near the right-of-way / property line and a (generally central) portion is set back, creating a small courtyard. The space could be used as an entry court or shared garden space for residential uses, or as an additional shopping or restaurant seating area within commercial areas.
Freight Terminal. A transportation facility furnishing services incidental to air, motor freight, and rail transportation. Examples include: freight forwarding services; packing, crating, inspection and weighing services; freight terminal facilities; postal service bulk mailing distribution centers; joint terminal and service facilities; transportation arrangement services; overnight mail processing facilities; and trucking facilities, including transfer and storage.
Fuel Dealer. A retail trade establishment that sells fuel oil, butane, propane and liquefied petroleum gas (LPG), bottled or in bulk, to consumers.
Gallery. A frontage where the main façade of the building is aligned at or close to the right-of-way / property line and the gallery element (an attached cantilevered shed roof or lightweight colonnade) overlaps the sidewalk. This frontage type is intended for buildings with ground floor commercial or retail uses. An encroachment permit is required for any structure in the public right-of-way. Galleries shall have a consistent depth along the frontage of at least 10 feet.
Garage or Carport. Parking space and shelter for automobiles or other vehicles, where the size of the parking space complies with the provisions of Section 3.50 (Parking Regulations).
1. A garage is a completely enclosed attached or detached accessory structure, with an operational door.
2. A carport is an attached or detached accessory structure enclosed on no more than two sides.
General Plan. The City of Grover Beach General Plan, including all its elements and all amendments, as adopted by the City Council in compliance with Government Code Section 65300 et seq. and referred to in this Development Code as the “General Plan”.
9.10.020 Definitions
9-10 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, December 16, 2013, May 15, 2017, January 8, 2018, May 21, 2018, December 3, 2018, March 18, 2019, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __ General Retail. Stores and shops selling many lines of merchandise. Examples of these stores and lines of merchandise include: art galleries; bicycle sales, service, and rental; bookstores (except adult bookstores); apparel and accessories; bakeries; food stores (including convenience markets); furniture, home furnishings and appliances sales, service, and rental; and miscellaneous retail (including candy or ice cream stores, computer stores, drug stores, hobby or craft shops, jewelry stores, newsstands, pet stores, specialty shops, variety stores, or vehicle part sales).
Does not include “Resale Stores” or “Thrift Stores”, which are separately defined.
Gross Acreage. The entire area of a lot measured to the centerline of the street and including all rights-of-way or easements granted to the City or other public agencies.
Gross Floor Area. The total horizontal area of all floors below the room within the perimeter of the outside walls of a building as measured from the inside surface of the exterior walls, with no deduction for hallways, stairs, closets, thickness of walls, columns, or other interior features
Gross Lot Area. See "Lot Area”.
Habitable Space. Space within a dwelling unit for living, sleeping, eating, cooking, bathing.
Health/Fitness Facility. A fitness center, gymnasium, health and athletic club, which may include any of the following: sauna, spa or hot tub facilities; indoor tennis, handball, racquetball, and other indoor sports activities.
Height. See Section 3.10.030 (Height Limits and Exceptions).
High Occupancy Residential Use. Any dwelling with an occupancy of six or more adults. Does not include “Residential Care Facilities”.
High Technology Uses. Uses that incorporate high technology related to engineering, design, research and development, photonics/optics, computer assisted design, robotics research, numerical control equipment (CAD/CAM), prototype development, biotechnology lasers, medical research, materials testing, telecommunications, and related storage with limited assembly operations associated with the principal use. All activities shall be within a building. More intensive operations shall be classified as “Light Manufacturing/Processing”.
Historic structure. 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;
Definitions 9.10.020
City of Grover Beach Development Code 9-11
Adopted October 15, 2012
Amended July 21, 2014, December 16, 2013, May 15, 2017, January 8, 2018, May 21, 2018, December 3, 2018, March 18, 2019, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
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 the City’s master list of historic structures, provided this local inventory is consistent with State-approved or certified historic preservation programs as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.
Home Occupation Permit. A discretionary permit issued by the Director for home businesses located in a dwelling. See Section 6.20.070 (Home Occupation Permit).
Horizontal Wall Plane. That portion of a room or structure that defines the volume of space between it and the ground plane.
Hotel or Motel. See "Lodging”.
Income Protected. As defined in GBMC Section 4.10.075.
Junior Accessory Dwelling Unit or JADU. A type of accessory dwelling unit defined by Government Code Section 65852.22 as a unit that is contained entirely within the area of a single-unit dwelling. It shall include an efficiency kitchen and may include a bathroom facility or share bathroom facilities within the single-unit dwelling. JADUs are subject to different requirements than ADUs. Does not include "Tiny Home", which is separately defined.
Kitchen. A room or space within a building used or intended to be used for the cooking or preparation of food, which includes any of the following: stove, oven, range top, dishwasher, kitchen sink.
Land Use. The purpose for which land or a structure is designed, arranged, intended, occupied, or maintained.
Live/Work Unit: An integrated housing unit and working space, occupied and utilized by a single household in a structure that has been designed or structurally modified to accommodate joint residential occupancy and work activity, and which includes:
Complete kitchen space and sanitary facilities in compliance with the City’s Building Code; and working space reserved for and regularly used by one or more occupants of the unit.
Live Entertainment. See Section 4.10.080.
Local Coastal Program (LCP). The Local Coastal Program (LCP) specifies land use policies within the Coastal Zone.
Lodging. A facility with guest rooms or suites, with or without kitchen facilities, rented to the general public for transient lodging. Facilities include hotels, motels, and inns.
Lot Area.
1. Gross area. Gross lot area is the total area included within the lot lines of a lot, exclusive inclusive of adjacent dedicated street rights of way and alleys. For density calculations using gross acreage, see “Density”.
9.10.020 Definitions
9-12 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, December 16, 2013, May 15, 2017, January 8, 2018, May 21, 2018, December 3, 2018, March 18, 2019, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
2. Net area. Net lot area is the gross lot area, not including dedications for public right of ways.
Lot or Parcel. A recorded lot or parcel of real property under single ownership, lawfully created as required by applicable Subdivision Map Act and City ordinance requirements, including this Development Code. Types of lots include the following.
1. Corner Lot. A lot located at the intersection of two or more streets.
2. Flag Lot. A lot having access from the building site to a public street by means of private right-of-way strip that is owned in fee.
3. Interior Lot. A lot abutting only one street.
4, Double frontage lot. A lot with frontage on two generally parallel streets. The Review Authority shall determine which frontage is the front or the rear lot line.
Lot Coverage or Building Coverage. The portion of the lot that is covered by buildings or structures that are 30 inches in height or more above adjacent existing grade, excluding covered patio structures, covered entryways or porches that are open on at least two sides, and swimming pools/hot tubs.
Lot Depth. The average linear distance between the front and the rear lot lines or the intersection of the two side lot lines if there is no rear line. The Director shall determine lot depth for lots of irregular configuration.
Lot Frontage. The boundary of a lot adjacent to a public street right-of-way.
Lot Line or Property Line. For purposes of this Development Code the front property line shall be considered the outside boundary of the city right-of-way that encroaches upon the subject property. Any recorded boundary of a lot. Types of lot lines are as follows:
1. Front Lot Line. On an interior lot, the property line separating the lot from the street.
The front lot line on a corner lot is the line with the shortest frontage. If the street fronting lot lines of a corner lot are equal or the difference is no greater than five feet, the front lot line shall be determined by the Director.
2. Rear Lot Line. A property line that does not intersect the front lot line, which is most distant from and most closely parallel to the front lot line.
3. Side Lot Line. Any lot line that is not a front or rear lot line.
Lot Width. The horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. The Director shall determine lot width for lots of irregular shape.
Low Barrier Navigation Center. A housing first, low barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities and case managers who connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.
Definitions 9.10.020
City of Grover Beach Development Code 9-13
Adopted October 15, 2012
Amended July 21, 2014, December 16, 2013, May 15, 2017, January 8, 2018, May 21, 2018, December 3, 2018, March 18, 2019, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __ Lower Income Households. Lower income households as defined by State Health and Safety Code Section 50079.5 as 80% of county median income.
Maintenance Service – Client Site Services. Base facilities for various businesses that provide services on the premises of their clients. Includes gardening, janitorial, pest control, water and smoke damage recovery, and similar services; and appliance, computer, electronics, elevator, equipment, HVAC, instrument, plumbing, security systems, and other maintenance and repair services not operating from a retail establishment that sells the products being maintained or repaired. When these services operate from a retail establishment that sells the products being maintained or repaired, they are instead considered part of the retail use.
Manufacturing – Artisan. An establishment that manufactures and/or assembles small products primarily by hand, including jewelry, pottery and other ceramics, as well as small glass and metal art and craft products. Also includes small scale wine production of less than 500 cases annually. Retail sales of the products are also allowed on-site.
Manufacturing/Processing, Heavy. The manufacturing, assembling, processing, storing, or packaging of products involving: 1) chemicals, petroleum, heavy agricultural products, or other hazardous materials; 2) vehicle-dismantling or scrap and waste yards; or 3) primary production of raw materials. Examples of heavy intensity manufacturing uses include the following.
1. Chemical Product Manufacturing. An establishment that produces or uses basic chemicals, and other establishments creating products predominantly by chemical processes. Examples of these products include: basic chemicals, including acids, alkalis, salts, and organic chemicals; chemical products to be used in further manufacture, including synthetic fibers, plastic materials, dry colors, and pigments; and finished chemical products to be used for ultimate consumption, including drugs/pharmaceuticals, cosmetics, and soaps; or to be used as materials or supplies in other industries including paints, fertilizers, and explosives. Also includes sales and transportation establishments handling the chemicals described above, except as part of retail trade.
2. Glass Product Manufacturing. An establishment that manufactures glass and/or glass products by melting silica sand or cullet, including the production of flat glass and other glass products that are pressed, blown, or shaped from glass produced in the same establishment. Artisan and craftsman type operations are instead “Manufacturing – Artisan”.
3. Lumber and Wood Product Manufacturing. Manufacturing, processing, and sales involving the milling of forest products to produce rough and finished lumber and other wood materials for use in other manufacturing, craft, or construction processes.
Includes the following processes and products: containers, pallets and skids trusses and structural beams manufactured and modular homes turning and shaping of wood products matches (wood) wholesaling of basic wood products milling operations wood product assembly.
9.10.020 Definitions
9-14 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, December 16, 2013, May 15, 2017, January 8, 2018, May 21, 2018, December 3, 2018, March 18, 2019, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
4. Paving and Roofing Materials Manufacturing. The manufacture of various common paving and petroleum-based roofing materials, including bulk asphalt, paving blocks made of asphalt, creosote wood, and various compositions of asphalt and tar.
5. Plastics, other Synthetics, and Rubber Product Manufacturing. The manufacture of rubber products including: tires, rubber footwear, mechanical rubber goods, heels and soles, flooring, and other rubber products from natural, synthetic, or reclaimed rubber. Also includes establishments engaged primarily in manufacturing tires; products from recycled or reclaimed plastics or Styrofoam; molding primary plastics for other manufacturers, manufacturing miscellaneous finished plastics products, fiberglass manufacturing, and fiberglass application services.
6. Primary Metal Industries. An establishment engaged in: the smelting and refining of ferrous and nonferrous metals from ore, pig, or scrap; the rolling, drawing, and alloying of metals; the manufacture of castings, forgings, stampings, extrusions, and other basic metal products; and the manufacturing of nails, spikes, and insulated wire and cable. Also includes merchant blast furnaces and by-product or beehive coke ovens.
7. Pulp and Pulp Product Manufacturing. An establishment that manufactures pulp, paper, or paperboard. Includes pulp, paper, and paperboard mills. Does not include establishments primarily engaged in converting paper or paperboard without manufacturing the paper or paperboard, including envelope manufacturing, converted paper products, paper coating and glazing, paper bags, assembly of paperboard boxes, wallpaper which are classified as “Manufacturing/Processing – Light”.
8. Scrap or Dismantling Yard. Outdoor establishments primarily engaged in assembling, breaking up, sorting, and the temporary storage and distribution of recyclable or reusable scrap and waste materials, including auto wreckers engaged in dismantling automobiles for scrap, and the incidental wholesale or retail sales of parts from those vehicles.
9. Textile and Leather Product Manufacturing. An establishment that converts basic fibers (natural or synthetic) into a product, including yarn or fabric, that can be further manufactured into usable items (“Manufacturing – Light – Clothing and Fabric Product Manufacturing”), and industries that transform hides into leather by tanning or curing. Includes: coating, waterproofing, or otherwise; treating fabric; manufacturing of woven fabric, carpets, and rugs from yarn; dressed and dyed furs preparation of fiber and subsequent manufacturing of yarn, threads, braids, twine cordage; dyeing and finishing fiber, yarn, fabric, and knit apparel; scouring and combing plants; leather-tanned, curried, and finished; upholstery manufacturing; manufacture of knit apparel and other finished products from yarn; yarn and thread mills; manufacture of felt goods, lace goods, non- woven fabrics and miscellaneous textiles.
Definitions 9.10.020
City of Grover Beach Development Code 9-15
Adopted October 15, 2012
Amended July 21, 2014, December 16, 2013, May 15, 2017, January 8, 2018, May 21, 2018, December 3, 2018, March 18, 2019, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __ Manufacturing/Processing, Light. A facility accommodating manufacturing processes involving and/or producing: apparel; food and beverage products; electronic, optical, and instrumentation products; ice; jewelry; and musical instruments. Light manufacturing also includes other establishments engaged in the assembly, fabrication, and conversion of already processed raw materials into products, where the operational characteristics of the manufacturing processes and the materials used are unlikely to cause significant impacts on surrounding land uses or the community. Examples of light manufacturing/ processing uses include the following.
1. Clothing and Fabric Product Manufacturing. An establishment that assembles clothing, draperies, and/or other products by cutting and sewing purchased textile fabrics, and related materials including leather, rubberized fabrics, plastics and furs.
Does not include custom tailors and dressmakers not operating as a factory and not located on the site of a clothing store (see "Personal Services"). See also, "Manufacturing/Processing, Heavy - Textile and Leather Product Manufacturing”.
2. Electronics, Equipment, and Appliance Manufacturing. An establishment that manufactures equipment, apparatus, and/or supplies for the generation, storage, transmission, transformation and use of electrical energy, including: appliances including stoves/ovens, refrigerators, freezers, laundry equipment, fans, vacuum cleaners, sewing machines; optical instruments and lenses; aviation instruments; photographic equipment; computers, computer components, peripherals; radio and television receiving equipment; electronic components and accessories; surgical, medical and dental instruments, equipment, and supplies; semiconductors, integrated circuits, related devices; storage media, blank and pre-recorded, including magnetic, magneto-optical, and optical products such as compact disks (CDs), computer electrical welding apparatus diskettes and hard drives, digital versatile disks (DVDs), magnetic tape products, phonograph records, etc.; lighting and wiring equipment such as lamps and fixtures, wiring devices, vehicle lighting; surveying and drafting instruments; instruments for measurement, testing, analysis and control, associated sensors and accessories; switch gear and switchboards; miscellaneous electrical machinery, equipment and supplies such as x-ray apparatus and tubes, electromedical and electrotherapeutic apparatus, electrical equipment for internal combustion engines; telephone and telegraph apparatus; motors and generators; watches and clocks. Does not include research and development facilities separate from manufacturing (see "High Technology").
3. Furniture and Fixtures Manufacturing, Cabinet Shop. A business that manufactures wood and metal household furniture and appliances; bedsprings and mattresses; all types of office furniture, and partitions, shelving, lockers and store furniture; and miscellaneous drapery hardware, window blinds and shades. Includes furniture re-upholstering businesses, wood and cabinet shops.
4. Laboratory - Medical, Analytical. A facility for testing, analysis, and/or research.
Examples of this use include medical labs, soils and materials testing labs, and forensic labs.
9.10.020 Definitions
9-16 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, December 16, 2013, May 15, 2017, January 8, 2018, May 21, 2018, December 3, 2018, March 18, 2019, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
5. Metal Products Fabrication, Machine or Welding Shop. An establishment engaged in the production and/or assembly of metal parts, including the production of metal cabinets and enclosures, cans and shipping containers, doors and gates, duct work, forgings and stampings, hardware and tools, plumbing fixtures and products, tanks, towers, and similar products. Examples of these uses include: blacksmith and welding shops; sheet metal shops; plating, stripping, and coating shops; and machine shops and boiler shops.
6. Paper Product Manufacturing. An establishment that converts pre-manufactured paper or paperboard into boxes, envelopes, paper bags, wallpaper, etc., and/or that coats or glazes premanufactured paper. Does not include the manufacturing of pulp, paper, or paperboard (see " Manufacturing/Processing, Heavy - Pulp and Pulp Product Manufacturing").
7. Photo/Film Processing Lab. A facility that provides high volume and/or custom processing services for photographic negative film, transparencies, and/or prints, where the processed products are delivered to off-site retail outlets for customer pickup. Does not include small scale photo processing machines accessory to other retail businesses.
8. Winemaking. A facility engaged in the large scale production of wine involving more than 500 cases annually. For production of less than 500 cases annually, see “Manufacturing – Artisan”.
Manufacturing/Processing - Medium. A facility accommodating manufacturing processes that involve and/or produce building materials, fabricated metal products, machinery, and/or transportation equipment, where the intensity and/or scale of operations is greater than those classified under "Manufacturing - Light," but where impacts on surrounding land uses or the community can typically be mitigated to acceptable levels. Examples of medium intensity manufacturing uses include the following.
1. Food and Beverage Product Manufacturing. Manufacturing establishments producing or processing foods and beverages for human consumption, and certain related products. Examples of these uses include: bottling plants; fats and oil product manufacturing (not animal rendering); breweries; fruit and vegetable canning; confectionery products; grain mill products and by-products; manufacturing; meat, poultry, and seafood canning, curing, byproduct processing; soft drink production; miscellaneous food item preparation from raw products; dairy products manufacturing. Does not include: bakeries or beer brewing as part of a brew pub, bar or restaurant.
2. Laundry, Dry Cleaning Plant. A service establishment engaged primarily in high volume laundry and garment services, including: carpet and upholstery cleaners; diaper services; dry cleaning and garment pressing; commercial laundries; linen supply. These facilities may include accessory customer pick-up facilities. These facilities do not include laundromats or dry cleaning/laundry pick-up stores with limited processing equipment, which are instead under "Personal Services”.
Definitions 9.10.020
City of Grover Beach Development Code 9-17
Adopted October 15, 2012
Amended July 21, 2014, December 16, 2013, May 15, 2017, January 8, 2018, May 21, 2018, December 3, 2018, March 18, 2019, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
3. Machinery Manufacturing. An establishment that makes or processes raw materials into finished machines or parts for machines. Does not include the manufacture of electronics, equipment, or appliances ("Manufacturing/Processing, Light - Electronics, Equipment, and Appliance Manufacturing").
4. Motor Vehicles and Transportation Equipment. Manufacturers of equipment for transporting passengers and cargo by land, air and water, including motor vehicles, aircraft, spacecraft, ships, boats, railroad and other vehicles such as motorcycles, bicycles and snowmobiles.
5. Stone and Cut Stone Product Manufacturing. An establishment that cuts, shapes, and/or finishes marble, granite, slate, and/or other stone for construction and miscellaneous uses.
6. Structural Clay and Pottery Product Manufacturing. An establishment that produces brick and structural clay products, including pipe, china plumbing fixtures, vitreous china articles, and/or fine earthenware and porcelain products. Does not include products made primarily by hand (see “Manufacturing – Artisan”).
Massage Establishment. A massage establishment as defined in Section 3900 of the Grover Beach Municipal Code.
Massing. The overall configuration of a building in terms of its height, footprint, and articulation, as well as its creation of space around it on a lot.
Media Production. Facilities for motion picture, television, video, sound, computer, and other communications media production.
Medical Services – Clinic or Urgent Care. A facility other than a hospital where medical, mental health, surgical and other personal health services are provided on an outpatient basis. Examples of these uses include: medical offices with 5 or more licensed practitioners and/or medical specialists; out-patient care facilities; urgent care facilities; and other allied health services.
These facilities may also include incidental medical laboratories. Counseling services by other than medical doctors or psychiatrists are included under "Office”.
Medical Services – Doctor’s Office. A facility other than a hospital where medical, dental, mental health, surgical, and/or other personal health care services are provided on an outpatient basis. Includes dental, medical, optical, and x-ray lab offices.
Counseling services by other than medical doctors or psychiatrists are included under “Office-Professional”.
Medical Services - Extended Care. Residential facilities providing nursing and healthrelated care as a primary use with in-patient beds. Examples of these uses include: board and care homes; convalescent hospitals; congregate living health facilities; rest homes; and skilled nursing facilities. Long-term personal care facilities that do not emphasize medical treatment are included under "Residential Care" And “Residential Care for the Elderly”.
9.10.020 Definitions
9-18 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, December 16, 2013, May 15, 2017, January 8, 2018, May 21, 2018, December 3, 2018, March 18, 2019, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __ Meeting facility, public or private. A facility for public or private meetings, including religious assembly facilities (e.g., churches, mosques, synagogues, etc.), auditoriums, grange halls, union halls, and meeting halls for clubs and other membership organizations. Also includes functionally related internal facilities that are clearly incidental to the primary use such as kitchens, multi-purpose rooms, and storage.
Related on-site facilities such as day care centers and schools are separately defined.
Mixed-Use Project: A project that combines both residential and commercial uses on the same site. Does not include “Live/work Unit”, which is separately defined.
Mobile Home. A trailer, transportable in one or more sections, that is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, which is over eight feet in width and 40 feet in length, with or without a permanent foundation and not including recreational vehicle, commercial coach or factory-built housing. A mobile home on a permanent foundation is included under the definition of "Single Dwellings”.
Mobile Home Park. Any site that is planned and improved to accommodate two or more mobile homes used for residential purposes, or on which two or more mobile home lots are rented, leased, or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate mobile homes used for residential purposes.
Mobile Vendor. An entity that sells goods or food services from a stand that is intended to be temporary, or is capable of being moved to various locations.
Moderate Income Household. Moderate income household as defined by State Health and Safety Code Section 50093 as 120% of county median income.
Mortuary, Funeral Home. Funeral homes and parlors, where deceased are prepared for burial or cremation, and funeral services may be conducted. Does not May include onsite cremation if allowed by Use Permit.
Motel. See "Lodging”.
Multi-family Dwelling or Multi-familyMulti-Unit Dwelling/Development. Two or more dwelling units attached or detached on a lot, or when each unit is attached to an adjacent dwelling located on individual lots or air space condominium, which does not include an accessory dwelling unit. Multi-familyunit dwellings or development include a duplex, triplex, condominium, townhouse, common interest development, common area developments (detached or attached), and apartments. Multi- familyunit dwellings or developments may also be combined with nonresidential uses as part of a mixed-use development. “Multi-Unit” may also be referred to as “Multi-family”.
Net Lot Area. See "Lot Area”.
Nonconforming Lot. A lot that was legally created before the adoption or amendment of this Development Code, but does not comply with the current area, width, depth, or other applicable requirements of this Development Code.
Nonconforming Parking. A parking arrangement (e.g., drive aisle widths) or the number of parking spaces that was legally constructed before the adoption or amendment of this Definitions 9.10.020
City of Grover Beach Development Code 9-19
Adopted October 15, 2012
Amended July 21, 2014, December 16, 2013, May 15, 2017, January 8, 2018, May 21, 2018, December 3, 2018, March 18, 2019, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __ Development Code but does not comply with the current standards of Section 3.50 (Parking Regulations), or other applicable requirements of this Development Code or City Standards and Specifications.,
Nonconforming Structure. A structure that was legally constructed before the adoption or amendment of this Development Code, but does not comply with the current area, width, depth, or other applicable requirements of this Development Code.
Nonconforming Use. A use of land and/or a structure (either conforming or nonconforming) that was legally established and maintained before the adoption or amendment of this Development Code, but does not conform to the current Development Code requirements for allowable land uses within the applicable zone.
Off-Site. An activity or accessory use that is related to a specific primary use, but is not located on the same site as the primary use.
Office. This Development Code distinguishes between the following types of offices.
These do not include medical offices (see "Medical Service – Clinic/Urgent Care," and "Medical Service - Doctor Office.").
1. Accessory. An office facility for business administration, and/or on-site business and operations management, which is incidental and accessory to another business, sales, and/or service activity on the same site that is the primary use. These are permitted in all zones.
2. Business/Service. An establishment providing direct services to consumers.
Examples of this use include employment agencies, elected official satellite offices, insurance agent offices, property management, real estate offices, travel agencies, utility company offices, vehicle rental/sale offices with no vehicles on site, etc. Does not include "Financial Institutions," which are separately defined.
3. Processing. An office-type facility characterized by high employee density, and occupied by businesses engaged in information processing, and other computerdependent and/or telecommunications-based activities. Examples of these uses include: reservation centers, insurance claim processing, mail order and electronic commerce transaction processing, consumer credit reporting, data processing services, and telemarketing offices.
4. Professional. An office facility occupied by a business that provides professional services, administrative services, or is engaged in the production of intellectual property. Examples of this use include: accounting, auditing and bookkeeping services; advertising agencies; attorneys; business associations, chambers of commerce; construction contractors (office facilities only); counseling services (for medical doctors see “Medical Services- Doctor Offices”); design services including architecture, engineering, landscape architecture; educational, scientific and research organizations; financial management and investment counseling; management and public relations services; media post production services; photographers and
9.10.020 Definitions
9-20 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, December 16, 2013, May 15, 2017, January 8, 2018, May 21, 2018, December 3, 2018, March 18, 2019, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __ photography studios; political campaign headquarters; psychologists; travel agencies; and, security and commodity brokers.
5. Visitor-Serving. An establishment that rents beach related vehicles such as ATVs or dune buggies where the equipment is stored off-site or rents beach related equipment stored on-site such as surfboards and umbrellas.
On-Site. An activity or accessory use that is related to a specific primary use, which is located on the same site as the primary use.
Open Space, Useable. An outdoor area designed and intended to support residents' passive or active use and located on the same parcel as the dwelling units for which it is required. Usable open space shall not include any portion of parking areas, streets, driveways, sidewalks, turnaround areas, or door landings required by the California Building Code.
Overhang. Any feature of a building that projects out from the horizontal wall plane, such as a roof eave, stoop covering, or awning.
Parapet. A low wall built up above the level of a roof, generally to hide rooftop-mounted equipment.
Park, Playground. A public outdoor recreation facility that may provide a variety of recreational opportunities including community center, playground equipment, open space areas for passive recreation and picnicking, and sport facilities.
Parking Facility. Private parking lots when contiguous to a non-residential zone.
Pedestrian Orientation. A physical structure or place with design qualities and elements that contribute to an active, inviting and pleasant place for pedestrians that typically includes most of the following elements:
1. Building facades that are highly articulated at the street level, with interesting uses of material, color, and architectural detailing, located directly behind the sidewalk;
2. Visibility into buildings at the street level;
3. A continuous sidewalk, with a minimum of intrusions into pedestrian right-of-way;
4. Continuity of building facades along the street with few interruptions in the progression of buildings and stores;
5. Signs oriented and scaled to the pedestrian rather than the motorist. Pedestrian orientation may also include: design amenities related to the street level, such as awnings, paseos, and arcades; landscaping and street furniture.
Pedestrian Oriented Use. A land use that is intended to encourage walk-in customers and that generally does not limit the number of customers by requiring appointments or otherwise excluding the general public. A pedestrian oriented use provides spontaneous draw from sidewalk and street due to visual interest, high customer turnover, and/or social interaction.
Definitions 9.10.020
City of Grover Beach Development Code 9-21
Adopted October 15, 2012
Amended July 21, 2014, December 16, 2013, May 15, 2017, January 8, 2018, May 21, 2018, December 3, 2018, March 18, 2019, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __ Person. Any individual, firm, partnership, corporation, company, association, joint stock association; city, county, state, or district; and includes any trustee, receiver, assignee, or other similar representative thereof.
Personal Services. Establishments providing non-medical services to individuals as a primary use. Examples of these uses include: barber and beauty shops; dressmaking and tailor shops; dry cleaning/laundry pick-up stores with limited equipment; laundromats (self-service laundries); locksmiths; pet grooming (no overnight boarding); computer and small electronic equipment repair; shoe repair shops; and tanning salons. These uses may also include accessory retail sales of products related to the services provided.
Personal Services - Restricted. Establishments providing non-medical services to individuals as a primary use. Examples of these uses include: bail bonds, check cashing services, drug paraphernalia business (as defined in Municipal Code Section 3220), hookah bars, fortune telling and related practices (reference Municipal Code Section 3600 for permit requirements), buying gold/precious metals as a primary use, pawn shops, and tattoo and/or piercing parlors.
Planning Commission. The City’s Planning Commission, referred to in this Development Code as the Commission.
Plant Nursery. A commercial establishment engaged solely in the retail sale of ornamental plants and related products. Does not include the wholesale and/or retail establishments for the production and propagation of ornamental plants.
Porch. A covered shelter attached to a building, open on the sides, that projects over the entrance of a building.
Prefabricated Materials. Building materials, generally consisted of a composite of materials, that are manufactured off site.
Primary Dwelling Unit. The designated primary residential unit on a residential zoned lot with an accessory or junior accessory dwelling unit.
Primary Structure. A structure that accommodates the primary use of the site.
Primary Use. The main purpose for which a site is developed and occupied.
Printing and Publishing. An establishment engaged in printing by letterpress, lithography, gravure, screen, offset, or electrostatic (xerographic) copying; and other establishments serving the printing trade such as bookbinding, typesetting, engraving, photoengraving and electrotyping. This use also includes establishments that publish newspapers, books and periodicals; establishments manufacturing business forms and binding devices. "Quick printing" services are included in the definition of "Business Support Services."
Property Line. See "Lot Line”.
Public and Quasi-Public. Includes public, semi-public, and private schools; government, civic, and community buildings and uses; public utility buildings and uses; museums and libraries; and similar uses. Does not include “Specialized Education/Training”.
9.10.020 Definitions
9-22 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, December 16, 2013, May 15, 2017, January 8, 2018, May 21, 2018, December 3, 2018, March 18, 2019, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __ Public Realm. Any publicly owned streets, pathways, sidewalks, parks, publicly accessible open spaces, and any public and civic building and facilities, or combination of such facilities, to which the public has access.
Public Works Director. The City of Grover Beach Public Works Director or his/her designee. (Am. Ord. 13-04)
Recreational Vehicle (RV). Per Section 18010 of the California Health and Safety Code, a motor home, travel trailer, truck camper, carryall, or camp trailer, house car, with or without motive power, originally designed for human habitation for recreational, emergency, or other occupancy, which:
1. Contains less than 320 square feet of internal living room area, excluding built-in equipment, including wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms;
2. Contains 400 square feet or less of gross area measured at maximum horizontal projections;
3. Is built on a single chassis; and
4. Is either self-propelled, truck-mounted, or permanently towable on the highways without a towing permit.
Also includes boats, boat trailers, other types of trailers, golf carts, and busses.
Recreational Vehicle (RV) Park. Any area or tract of land where one or more lots spaces are rented for relatively short-term occupancy to owners or users of recreational vehicles or travel trailers. Recreational vehicle parks may include public restrooms, water, sewer, and electric hookups to each lot space. May include accessory retail uses where they are clearly incidental and intended to serve RV park patrons only.
Recycling Facility. A center for the collection and/or processing of recyclable materials.
A "certified" recycling or processing facility is certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986.
1. Large Collection Facility. Large collection facilities which occupy an area of more than 350 square feet and/or include permanent structures.
2. Processing Facility. A structure or enclosed space used for the collection and processing of recyclable materials for shipment, or to an end-user's specifications, by such means as baling, briquetting, cleaning, compacting, crushing, flattening, grinding, mechanical sorting, remanufacturing and shredding.
3. Recycling or Recyclable Material. Reusable domestic containers and other materials which can be reconstituted, re-manufactured, or reused in an altered form, including glass, metals, paper and plastic. Recyclable material does not include trash or hazardous materials.
4. Reverse Vending Machine. An automated mechanical device which accepts at least one or more types of empty beverage containers and issues a cash refund or a Definitions 9.10.020
City of Grover Beach Development Code 9-23
Adopted October 15, 2012
Amended July 21, 2014, December 16, 2013, May 15, 2017, January 8, 2018, May 21, 2018, December 3, 2018, March 18, 2019, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __ redeemable credit slip with a value not less than the container's redemption value, as determined by State law. These vending machines may accept aluminum cans, glass and plastic bottles, and other containers.
5. Small Collection Facility. A center where the public may donate, redeem or sell recyclable materials, which occupies an area of 350 square feet or less and may include a mobile unit or reverse vending machines, where allowed by the applicable zone.
Regressed Feature. Any component of a building facade that is inset into that façade, such as an inset window, doorway, or façade break.
Remodel or AlteredAlteration. Physical change in the internal arrangement of rooms or usage of space, or to the exterior of the building or the supporting members of a structure which requires a building permit, or a change in the external appearance of any structure, not including painting.
Repair Service – Large Equipment. A service facility where various types of electrical, electronic, and mechanical equipment, and home and business appliances are repaired and/or maintained away from the site of the equipment owner. Does not include "Vehicle Repair & Services", the repair of small electronic equipment, which is included under “Personnel Services”, maintenance and repair activities that occur on the client's site, which are included under "Maintenance Service - Client Site Services”, or repair services of small equipment, which are classified as “Repair Service – Small Equipment”.
Repair Service – Small Equipment. A service facility where various types of small home appliances and household items are repaired at the business location. Examples include: vacuum and sewing machine repair, home electronics repair, and lawnmower repair.
Resale Store. A retail store that buys, sells, trades, accepts for sale on consignment, or accepts for auction (e.g., eBay) used products including clothing, collectibles (e.g., coins, stamps, baseball cards), household goods, jewelry, machinery and equipment, musical instruments, or any goods that have a resale market. The products or goods include tangible personal property as defined by the U.S. Department of Justice or other used goods. Does not include “Thrift Stores” and pawn shops (see “Personal Services - Restricted”, which are defined separately).
Residential Care. A single-unit dwelling or multi-unit facility licensed or supervised by a Federal, State, or local health/welfare agency that provides 24-hour nonmedical care of unrelated persons who are handicapped and in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual in a family-like environment. This use includes transitional housing or supportive housing. Does not include day care facilities, which are separately defined.
Residential Care Facility for the Elderly (RCFE). A housing arrangement chosen voluntarily by the residents, or the residents' guardians, conservators or other responsible persons; where 75 percent of the residents are at least 62 years of age, or, if younger,
9.10.020 Definitions
9-24 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, December 16, 2013, May 15, 2017, January 8, 2018, May 21, 2018, December 3, 2018, March 18, 2019, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __ have needs compatible with other residents; and where varying levels of care and supervision are provided, as agreed to at the time of admission or as determined necessary at subsequent times of reappraisal (definition from California Code of Regulations Title 22, Division 6, Chapter 6, Residential Care Facilities for the Elderly).
RCFE projects may include basic services and community space. RCFE projects include assisted living facilities, congregate housing, independent living centers/senior apartments, and life care facilities as defined below.
1. Assisted Living Facility. A residential building or buildings that also provide housing, personal and health care, as permitted by the Department of Social Services, designed to respond to the daily, individual needs of the residents. Assisted Living Facilities may include kitchenettes (small refrigerator, sink and/or microwave oven) within individual rooms. Assisted Living Facilities are required to be licensed by the California Department of Social Services, and do not include skilled nursing services.
2. Independent Living Center/Senior Apartment. Independent living centers/senior apartments and multi-unit dwelling projects reserved for senior citizens, where common facilities may be provided (for example, recreation areas), but where each dwelling unit has individual living, sleeping, bathing, and kitchen facilities.
3. Life Care Facility. Sometimes called Continuing Care Retirement Communities, or Senior Continuum of Care Complex, these facilities provide a wide range of care and supervision, and also provide health care (skilled nursing) so that residents can receive medical care without leaving the facility. Residents can expect to remain, even if they become physically incapacitated later in life. Life Care Facilities require multiple licensing from the State Department of Social Services, the State Department of Health Services, and the State Department of Insurance.
Restaurant. A retail business where the primary activity is selling food prepared on site for on- or off-premise consumption. These include eating establishments where customers are served from a walkup counter and establishments where customers are served food at their tables. Examples include: cafes, coffee shops, donut shops, ice cream parlors, delicatessens, etc. The sale of alcoholic beverages is allowed as an accessory use when the restaurant is a bona fide eating place which maintains a suitable kitchen facility and shall make actual and substantial sales of meals prepared for consumption on the premises. However, if the sale of alcoholic beverages becomes the primary use and/or the kitchen facilities are not suitable and/or meals prepared for consumption on the premises are not substantial, the use shall be classified as a “Bar/Tavern/Night Club”.
Review Authority. The individual or official City body (Director, Planning Commission, or City Council) identified by this Development Code as having the responsibility and authority to review, and approve or disapprove the development permit applications described in Chapter 6 (Procedures).
Roof Deck. Any usable area or portion of a structure thereof provided on the exterior of a building above the finished floor of that building.
Definitions 9.10.020
City of Grover Beach Development Code 9-25
Adopted October 15, 2012
Amended July 21, 2014, December 16, 2013, May 15, 2017, January 8, 2018, May 21, 2018, December 3, 2018, March 18, 2019, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __ Roof Pitch/Roof Slope Angle. The degree to which a roof or roof portion slopes down from the apex (peak) of the roof to the edge or eave line of that roof.
Second Hand Store. See “Resale Store”.
Second-Story Roof Deck. A platform designed for use located at or above a second story of a two-story, single-family residential structure.
Setback. The distance by which a structure, parking area or other development feature must be separated from a lot line, other structure or development feature. The setback area is as follows:
1. Front Setback. An area extending across the full width of the lot between the front lot line and the applicable setback measurement.
2. Rear Setback. An area extending the full width of the lot between a rear lot line and the applicable setback measurement.
3. Interior Side Setback. An area between a side lot line and the applicable setback measurement extending between the front and rear setbacks.
4. Street Side Setback. An area between a side lot line adjacent to the street and the applicable setback measurement extending from the front setback line to the rear lot line.
Shopfront. A frontage where the main façade of the building is at or near the right-ofway / property line, with the building entrance at sidewalk grade. This type is conventional for retail use. It has substantial glazing on the sidewalk level and a canopy or awning element may overlap the sidewalk along portions or all of the frontage.
Single Family Dwelling/Single-Unit Dwelling/Development. One detached residence designed for and occupied exclusively by one house keeping unit with one interior kitchen, whose members are an interactive group of persons jointly on a single lot, that does not include any shared facilities including but not limited to driveways, drainage basins, landscaping, etc. that is found in a common area development. A singlefamilyunit dwelling may also include, as an accessory use, a legally established Accessory Dwelling Unit. This definition also includes individual manufactured housing units installed on a foundation system pursuant to California Health and Safety Code Section 18551. “Single-Unit” may also be referred to as “Single-family”.
Single Room Occupancy (SRO) Facility. A structure with one room residential rental units often with cooking facilities. May have private or shared bathroom facilities.
Site. A lot or adjoining lots under single ownership or single control, considered a unit for the purposes of development or other use.
Specialized Education/Training. A school that provides education and/or training, including vocational training, in limited subjects. Examples of these schools include:
establishments providing courses by mail, language school, business, secretarial, and vocational schools, computers and electronics schools, and religious/ ministry training facility.
9.10.020 Definitions
9-26 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, December 16, 2013, May 15, 2017, January 8, 2018, May 21, 2018, December 3, 2018, March 18, 2019, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __ Specific Plan. A detailed plan for the systematic implementation of the General Plan, for all or part of the area covered by the General Plan, as authorized by Government Code Sections 65450 et seq.
Step back. A break in the façade of a building that involves insetting a higher story from the story immediately below it.
Stoop. A platform, entrance stairway, or similar raised area directly adjacent to the front door of a building.
Storage - Outdoor. The storage of various materials outside of a structure either as an accessory or primary use.
Storage – Personal Storage Facility. A structure containing generally small, individual compartments, stalls or lockers rented as individual storage spaces and characterized by low parking demand.
Storage - Vehicle. A facility for the storage of operative cars and other fleet vehicles, trucks, buses, recreational vehicles, and other motor vehicles. Includes facilities for the storage and/or servicing of fleet vehicles. Does not include commercial parking lots, or “Scrap or Dismantling Yards" (See Manufacturing/Processing - Heavy).
Storage - Warehouse. Facilities for the indoor storage of furniture, household goods, or other commercial goods of any nature. Includes cold storage. Does not include:
warehouse, storage or mini-storage facilities offered for rent or lease to the general public ("Storage - Personal Storage Facility"); warehouse facilities primarily used for wholesaling and distribution (see "Wholesaling and Distribution"); or terminal facilities for handling freight (see "Freight Terminal").
Story.
1. The segment of a building between the following levels:
a. Upper surface of a floor.
b. Upper surface of the floor or roof directly above.
2. For floors other than the top floor, a story is measured in one of the following ways:
a. From top to top of successive tiers of beams.
b. From top to top of successive tiers of finished floor surfaces.
3. For the top floor, a story is measured as follows:
a. From top of finished floor to top of ceiling joints where there is a ceiling. b. From top of finished floor to top of roof rafters where there is no ceiling.
Street. A public or private thoroughfare which affords principal means of access to abutting property, including avenue, street, place, way, court, drive, land, boulevard, highway, road, or any other thoroughfare except an alley as defined herein.
Structure or building. Anything constructed or erected, the use of which requires attachment to the ground, attachment to something located on the ground, or placement Definitions 9.10.020
City of Grover Beach Development Code 9-27
Adopted October 15, 2012
Amended July 21, 2014, December 16, 2013, May 15, 2017, January 8, 2018, May 21, 2018, December 3, 2018, March 18, 2019, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __ on the ground. For the purposes of this Development Code, the term "structure" includes "buildings,"
Structure, Primary. See "Primary Structure”.
Studio - Art, Dance, Martial Arts, etc. Small scale facilities typically accommodating a few groups of students at a time. Examples of these facilities include: individual and group instruction and training in the arts; production rehearsal; photography, and the processing of photographs produced only by users of the studio facilities; yoga studios; martial arts training studios; gymnastics instruction, and aerobics and gymnastics studios with no other fitness facilities or equipment. Also includes production studios for individual musicians, painters, sculptors, photographers, and other artists.
Studio Unit. A residential unit where living and sleeping space is combined in a single room.
Supportive Housing. See “Transitional Housing”.
Tandem parking. The arrangement of parking where no more than two cars are arranged in tandem, one in front of the other.
Telecommunications Facilities. Public, commercial and private electromagnetic and photoelectrical transmission, broadcast, repeater and receiving stations for radio, television, telegraph, telephone, data network, and wireless communications, including commercial earth stations for satellite-based communications. Includes antennas, commercial satellite dish antennas, and equipment buildings. Does not include telephone, telegraph and cable television transmission facilities utilizing hard-wired or direct cable connections.
Temporary Use Permit. A discretionary permit issued by the Director, which allows the use of land that is properly designed, operated and occupies a site for a limited time. See Section 6.20.080 (Temporary Use Permit).
Thrift Store. A retail store devoted primarily to the sale of used goods normally consisting of household discards. Also see “Resale Stores”.
Tiny Home. A type of dwelling unit that is moveable and considered temporary housing.
Does not include an RV, camper. trailer, or manufactured home as defined in Section 1801 o of the California Health and Safety Code.
Transitional and Supportive Housing. Transitional housing is defined in Section 50675.2 of the Health and Safety Code as rental housing for stays of at least six months but where the units are recirculated to another program recipient after a set period.
Transitional housing may be designed for homeless individuals or family transitioning to permanent housing. Supportive housing is defined in Section 50675.14 of the Health and Safety Code and has no limit on the length of stay, is linked to onsite or offsite services, and is occupied by a target population as defined in the Health and Safety Code.
Two-unit housing development. A development application proposing no more than two dwelling units on a single parcel located within a single-unit residential zone as
9.10.020 Definitions
9-28 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, December 16, 2013, May 15, 2017, January 8, 2018, May 21, 2018, December 3, 2018, March 18, 2019, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __ authorized by Government Code Section 65852.21. A two-unit housing development shall consist of either the construction of no more than two new primary dwelling units, one new primary dwelling unit and retention of one existing primary dwelling unit, or retention of two existing legal non-conforming primary dwelling units where one or both units are subject to a proposed addition or alteration.
Upper Story/Roof Deck. See “Roof Deck.”
Use Permit. A discretionary permit issued by the Commission for certain land uses and/or construction and development projects. See Section 6.20.090 (Use Permit).
Use, Primary. See "Primary Use."
Variance. A discretionary permit issued by the Commission granting relief from the requirements of this Development Code that permits construction in a manner that would otherwise be prohibited by this Development Code. See Section 6.20.100 (Variance).
Vehicle Rental. A retail establishment renting automobiles, light trucks, boats, campers, and/or motorcycles where vehicles are kept on site.
Vehicle Repair and Services. The repair, servicing, alteration, restoration, towing, painting, cleaning, or finishing of automobiles, trucks, recreational vehicles, boats and other vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use.
Vehicle Sales. A retail or wholesale establishment selling automobiles, light trucks, boats, campers, and/or motorcycles. Vehicles for sale may be displayed outdoors or indoors. May also include repair shops and the sales of parts and accessories, incidental to vehicle sales. Does not include the sale of auto parts/accessories separate from a vehicle dealership.
Vehicle Storage. See “Storage – Vehicle”.
Very Low Income Household. Very low income household as defined by State Health and Safety Code Section 50105 as 50% of county median income.
Warehouse. See "Storage - Warehouse”.
Wholesaling and Distribution. An establishment engaged in selling and/or renting merchandise to retailers; to contractors, industrial, commercial, institutional, farm, or professional business users; to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Examples of these establishments include: agents, merchandise or commodity brokers, and commission merchants, merchant wholesalers, assemblers, buyers and associations engaged in the cooperative marketing of farm products, stores primarily selling electrical, plumbing, heating and air conditioning supplies and equipment. Also includes storage, processing, packaging, and shipping facilities for mail order and electronic-commerce retail establishments.
Wine Tasting. A retail sales facility where customers may taste and purchase wine and/or other food products.
Definitions 9.10.030
City of Grover Beach Development Code 9-29
Adopted October 15, 2012
Amended July 21, 2014, December 16, 2013, May 15, 2017, January 8, 2018, May 21, 2018, December 3, 2018, March 18, 2019, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
9.10.030 Coastal Act Definitions
Definitions of the terms used in the Coastal Act, which can be found in Section 30100 et.
Seq. of the Public Resources Code of the State of California and apply to properties within the Coastal Zone, have been reprinted and are set forth as follows:
Aggrieved Person. Any person who, in person or through a representative, appeared at a public hearing of the City in connection with the decision or action appealed, or who, by other appropriate means prior to a hearing, informed the City of the nature of his concerns or who for good cause was unable to do either.
Allowable Use. Any use allowed by right which does not require a public hearing or any discretionary or non-discretionary permit of the approving authority.
Appealable Development. In accordance with Public Resources Code Section 30603 (2), any of the following:
1. Developments approved by the local government between the sea and the first public road paralleling the sea or within 300 feet of the inland extend of any beach or of the mean high tide line of the sea where there is no beach, whichever is greater distance.
2. Development approved by the local government not included within paragraph (a) of this section, located on tidelands, submerged lands, public trust lands, within one hundred (100) feet of any wetland, estuary, stream or within three hundred (300) feet of the top of the seaward face of any coastal bluff.
3. Any development which constitutes a major public works project or a major energy facility. The phrase “major public works project or a major energy facility” as used in Public Resources Code Section 30603 (a) (5) and these regulations shall mean any proposed public works project as defined by Section 13012 of the Coastal Commission Regulations (Title 14 California Administrative Code, Division 5.5) or energy facility as defined by Public Resources Code Section 30107.
Appellant. Any person who may file an appeal and includes an applicant or any aggrieved person.
Applicant. The person, partnership, corporation, state or local government agency applying for a Coastal Development Permit.
Approving Authority. The City Officer, Planning Commission or Council approving a Coastal Development Permit.
Categorically Excluded Development. A development (upon request of the city, public agency, or other person) by which the Coastal Commission has determined pursuant to Section 30610 (e) of the Public Resources Code to have no potential for significant adverse environmental effects and, therefore, has issued an exclusion in accordance with the applicable restrictions.
9.10.030 Definitions
9-30 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, December 16, 2013, May 15, 2017, January 8, 2018, May 21, 2018, December 3, 2018, March 18, 2019, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __ Coastal Commission. "Commission" means the California Coastal Commission.
Whenever the term California Coastal Zone Conservation Commission appears in any law, it means the California Coastal Commission.
Coastal-Dependent Development or Use: Any development or use which requires a site on, or adjacent to, the sea to be able to function at all.
Coastal Development Permit. A letter or certificate issued; by the City in accordance with the provisions of this chapter, after the applicant has submitted all necessary supplementary documentation required to satisfy the conditions precedent in the notice to issue a Coastal Development Permit.
Coastal Plan. The California Coastal Zone Conservation Plan prepared and adopted by the California Coastal Zone Conservation Commission and submitted to the Governor and the Legislature on December 1, 1975, pursuant to the California Coastal Zone Conservation Act of 1972 (commencing with Section 27000). Pursuant to Public Resources Code Section 30103, “Coastal Zone” means that land and water area of the State of California form the Oregon border to the border of the Republic of Mexico, specified in the maps identified and set forth in Section 17 of that chapter of the Statutes of the 1975-76 Regular Session enacting this division, extending seaward to the state’s outer limit of jurisdiction, including offshore islands, and extending inland generally 1,000 yards, form the mean high tide line of the sea. In significant coastal estuarine, habitat, and recreational areas it extends inland to the first major ridgeline paralleling the sea or five miles from the mean high tide line of the sea, whichever is less, and in developed urban areas the zone generally extends inland less than 1,000 yards. The Coastal Zone does not include the area of jurisdiction of the San Francisco Bay Conservation and Development Commission, established pursuant to Title 7.2 (commencing with Section 66600) of the Government Code, nor any area contiguous thereto, including any river, stream, tributary, creek, or flood control drainage channel flowing into such area.
Coastal-Related Development. Any use that is dependent on a coastal-dependent development or use.
Coastal Resources. Include, but are not limited to, public access and public access facilities and opportunities, recreation areas and recreational facilities and opportunities (including for recreational water-oriented activities), public views, natural landforms, marine resources, watercourses (e.g., rivers, streams, creeks, etc.) and their related corridors, waterbodies (e.g. wetlands, estuaries, lakes, etc.) and their related uplands, ground water resources, biological resources, environmentally sensitive habitat areas, agricultural lands, and archaeological or paleontological resources. (Am. Ord. 14-04)
Conditional Use. Any use which requires a public hearing.
Development. On land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Definitions 9.10.030
City of Grover Beach Development Code 9-31
Adopted October 15, 2012
Amended July 21, 2014, December 16, 2013, May 15, 2017, January 8, 2018, May 21, 2018, December 3, 2018, March 18, 2019, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __ Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act of 1973 (commencing with Section 4511). As used in this section, “structure” includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line
Emergency. A sudden unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services.
Energy Facility. Any public or private processing, producing, generating, storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal, or other source of energy.
Environmentally Sensitive Habitat Area (ESHA). Any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments. (Am. Ord. 14-04)
Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.
Fill. Earth or any other substance or material, including pilings placed for the purposes of erecting structures thereon, placed in a submerged area.
Implementing Actions. The ordinances, regulations, or programs which implement either the provisions of the certified Local Coastal Program or the policies of this division and which are submitted pursuant to Section 30502.
Land Use Plan. The relevant portion of a local government's general plan, or local coastal element which is sufficiently detailed to indicate the kinds, location, and intensity of land uses, the applicable resources protection and development policies and, where necessary, a listing of implementing actions.
Local Coastal Element. That portion of a general plan applicable to the coastal zone which may be prepared by local government pursuant to this division, or such additional elements of the local government's general plan prepared pursuant to subdivision (k) of Section 65303 of the Government Code, as such local government deems appropriate.
Local Coastal Program. The City's land use plan, zoning ordinances, zoning maps, and other implementing actions certified by the Coastal Commission as meeting the requirements of the California Coastal Act of 1976.
9.10.030 Definitions
9-32 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, December 16, 2013, May 15, 2017, January 8, 2018, May 21, 2018, December 3, 2018, March 18, 2019, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __ Local Government. Any chartered or general law city, chartered or general law county, or any city and county.
Minor Development. A development which a local government determines satisfies all of the following requirements:
4. Is consistent with the certified local coastal program, as defined in Public Resources Code Section 30108.6.
5. Requires no discretionary approvals other than a Coastal Development Permit.
6. Has no adverse effect either individually or cumulatively on coastal resources or public access to the shoreline or along the coast.
Notice to Issue Coastal Development Permit. A letter or certificate issued by the City in accordance with the provisions of this Chapter, approving a development subject to fulfillment of conditions prior to issuance of a Coastal Development Permit, but if such conditions are fulfilled, as being in conformance with an adequate to carry out the Local Coastal Program
Permit. Any license, certificate, approval, or other entitlement for use granted or denied by any public agency which is subject to the provisions of this division.
Permitted Use. Any use allowed by right which does not require a public hearing, but does require a discretionary or non-discretionary permit (e.g. building permit) to be issued by the approving authority.
Person. Any individual, organization, partnership, or other business association or corporation including any utility, and any federal, state, local government, or special district or any agency thereof.
Prime Agricultural Land. Those lands defined in Section 51201 of the Government Code.
Public Works. All production, storage, transmission, and recovery facilities for water, sewerage, telephone, and other similar utilities owned or operated by any public agency or by any utility subject to the jurisdiction of the Public Utilities Commission, except for energy facilities. All public transportation facilities, including streets, roads, highways, public parking lots and structures, ports, harbors, airports, railroads, and mass transit facilities and stations, bridges, trolley wires, and other related facilities. For purposes of this division, neither the Ports of Hueneme, Long Beach, Los Angeles, nor San Diego Unified Port District nor any of the developments within these ports, shall be considered public works. All publicly financed recreational facilities, or projects of the State Coastal Conservancy, and any development by a special district. All community college facilities.
Sea. The Pacific Ocean and all harbors, bays, channels, estuaries, salt marshes, sloughs, and other areas subject to tidal action through any connection with the Pacific Ocean, excluding non-estuarine rivers, streams, tributaries, creeks, and flood control and drainage channels. "Sea" does not include the area of jurisdiction of the San Francisco Bay Conservation and Development Commission, established pursuant to Title 7.2 (commencing with Section 666000) of the Government Code, including any river, stream, Definitions 9.10.030
City of Grover Beach Development Code 9-33
Adopted October 15, 2012
Amended July 21, 2014, December 16, 2013, May 15, 2017, January 8, 2018, May 21, 2018, December 3, 2018, March 18, 2019, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __ tributary, creek, or flood control or drainage channel flowing directly or indirectly into such area.
Sensitive Coastal Resource Areas. Those identifiable and geographically bounded land and water areas within the coastal zone of vital interest and sensitivity. "Sensitive coastal resource areas" include the following:
1. Special marine and land habitat areas, wetlands, lagoons, and estuaries as mapped and designated in Part 4 of the coastal plan.
2. Areas possessing significant recreational value.
3. Highly scenic areas.
4. Archaeological sites referenced in the California Coastline and Recreation Plan or as designated by the State Historic Preservation Officer.
5. Special communities or neighborhoods which are significant visitor destination areas.
6. Areas that provide existing coastal housing or recreational opportunities for low- and moderate-income persons.
7. Areas where divisions of land could substantially impair or restrict coastal access.
Special District. Any public agency, other than a local government as defined in this chapter, formed pursuant to general law or special act for the local performance of governmental or proprietary functions within limited boundaries. “Special District” includes, but is not limited to, a county service area, a maintenance district area, an improvement district or improvement zone, or any other zone or area, formed for the purpose of designating an area within which a property tax rate will be levied to pay for a service or improvement benefitting that area.
Special Treatment Area. An identifiable and geographically bounded forested area within the coastal zone that constitute a significant habitat area, area of special scenic significance, and any land where logging activities could adversely affect a public recreation area or the biological productivity or any wetland, estuary, or stream especially valuable because of its role in a coastal ecosystem.
Treatment Works. Treatment works shall have the same meaning as set forth in the Federal Water Pollution Control Act (33 U.S.C. 1251, et. seq.) and any other federal act which amends or supplements the Federal Water Pollution Control Act.
Wetland. Lands within the coastal zone which may be covered periodically or permanently with shallow water and include saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps, mudflats, and fens.
Zoning Ordinance. An ordinance authorized by Section 65850 of the Government Code or, in the case of a charter city, a similar ordinance enacted pursuant to the authority of its charter.
9.10.040 Definitions
9-34 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, December 16, 2013, May 15, 2017, January 8, 2018, May 21, 2018, December 3, 2018, March 18, 2019, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __
9.10.040 Adult Business Definitions
Definitions of terms related to Adult Businesses in Section 4.20:
Adult. A person 18 years of age and older.
Adult Bookstore. Any establishment, which as a regular and substantial course of conduct, displays and/or distributes adult merchandise, books, periodicals, magazines, photographs, drawings, sculptures, motion pictures, videos, DVDs, CD ROMs, slides, films, or other written, oral or visual representations which are distinguished or characterized by an emphasis on a matter depicting, describing or relating to specified sexual activities or specified anatomical areas. (See “Adult Business” for definition of regular and substantial portion of its business.)
Adult Cabaret. A nightclub, bar, lounge, restaurant or similar establishment or concern which features as a regular and substantial course of conduct, any type of live entertainment, films, motion pictures, videos, slides, other photographic reproductions, or other oral, written, or visual representations which are characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
Adult Entertainment Business. Any business establishment or concern which as a regular and substantial course of conduct performs as an adult bookstore, adult theater, adult motion picture arcade, adult cabaret, stripper, adult model studio or adult hotel/motel (but not clothing optional hotel/motel); any business establishment or concern which as a regular and substantial course of conduct sells or distributes sexually oriented merchandise or sexually oriented material; or any other business establishment or concern which as a regular and substantial course of conduct offers to its patrons products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical parts. “Adult Entertainment Business” shall also include any business establishment or concern which, as a regular and substantial course of conduct provides or allows performers, models, actors, actresses, or employees to appear in any place in attire that does not opaquely cover specified anatomical areas. “Adult Entertainment Business” does not include those uses or activities, the regulation of which is preempted by state law.
Adult Hotel or Motel. A hotel or motel which, as a regular and substantial course of conduct provides to its patrons, through the provision of rooms equipped with closedcircuit television or other medium, material which is distinguished or characterized by the emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas and/or which rents, leases, or lets any room for less than a 12-hour period and/or rents, leases or lets any room more than once in a 24-hour period and/or which advertises the availability of any of the above. (Ord. 04-02) Adult Model Studio. Any premises where there is furnished, provided or procured a figure model or models who pose in any manner which is characterized by its emphasis on matter depicting, describing, or relating to specified sexual activities or specified Definitions 9.10.040
City of Grover Beach Development Code 9-35
Adopted October 15, 2012
Amended July 21, 2014, December 16, 2013, May 15, 2017, January 8, 2018, May 21, 2018, December 3, 2018, March 18, 2019, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __ anatomical areas where such model(s) is being observed or viewed by any person for the purpose of being sketched, painted, drawn, sculptured, photographed, filmed, or videotaped for a fee, or any other thing of value, as a consideration, compensation, or gratuity for the right or opportunity to so observe the model or remain on the premises. “Adult Model Studio” shall not include any live art class or any studio or classroom which is operated by any public agency, or any private educational institution authorized to issue and confer a diploma or degree under Section 94300 et seq. of the Education Code of the State of California.
Adult Motion Picture Arcade. Any business establishment or concern containing currency, coin or slug operated or manually or electronically controlled still, motion picture or video machines, projectors, or other image producing devices that are maintained to display images to an individual in individual viewing areas when those images are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. Adult Theatre. A business establishment or concern which, as a regular and substantial course of conduct, presents live entertainment, motion pictures, videos, slide photographs, or other pictures or visual reproductions which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
G-string. An article of clothing that opaquely covers the buttocks at least one inch on either side of the natal cleft and covers the entirety of the genitalia and pubis.
Individual Viewing Area. Any area used for viewing live performances, pictures, movies, videos or other presentations which has a potential maximum occupancy of ten persons or less as determined by the Building Official under the adopted Uniform Building Code.
Live Art Class. Any premises on which all of the following occur:
1. There is conducted a program of instruction involving the drawing, photographing, or sculpting of live models exposing specified anatomical areas;
2. Instruction is offered in a series of at least two classes;
3. The instruction is offered indoors;
4. An instructor is present in the classroom while any participants are present ; and
5. Preregistration is required at least 24 hours in advance of participation in the class.
Live Entertainment. Any existent display by a human being which is characterized by an emphasis on specified anatomical areas or specified sexual activities.
Nude, Nudity, or State of Nudity. The showing of the human male or female genitals, pubic area, vulva, anus, or anal cleft with less than a fully opaque covering, the showing of the female breast with less than fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.
Pasties. An article of clothing that opaquely covers the nipple and areola of the female breast.
9.10.040 Definitions
9-36 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, December 16, 2013, May 15, 2017, January 8, 2018, May 21, 2018, December 3, 2018, March 18, 2019, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __ Performer. Any dancer, entertainer, model, or other person who performs specified sexual activities or displays specified anatomical areas in an adult business.
Religious Institution. A building which is used primarily for religious worship and related religious activities.
Residentially Zoned Properties. Properties in the R-1, R-2, R-3, C-P-R-1, C-R-1, C-R2, and C-R-3 zones (with or without planned development overlay).
School. An institution of learning for minors, whether public or private which is maintained pursuant to standards set by the State Board of Education and made applicable to the particular type of school (For example, it is recognized that curriculum standards that are applicable to public schools are not applicable to private schools.
Accordingly, a private school is not disqualified from being considered a “school” simply because it does not comply with curriculum standards applicable to public schools.) This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school, or any special institution of learning under the jurisdiction of the State Department of Education, but does not include a vocational or professional institution or an institution of higher education including a community or junior college, college, or university.
Sexually Oriented Material. Any element of any merchandise, including but not limited to any book, periodical, magazine, photograph, slides, drawing, sculpture, motion picture film, videos, DVDs, CD ROMs, compact disks, other types of photographic reproductions, or other written, oral, or visual representation or presentation which, for purposes of sexual arousal, provides depictions which are characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
Sexually Oriented Merchandise. Sexually oriented implements and paraphernalia, including, but not limited to: dildos, auto sucks, sexually oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery-operated vaginas, and similar sexually oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity.
Specified Anatomical Area.
1. Less than completely and opaquely covered human genitals, pubic region, buttocks, and female breast below a point immediately above the top of the areola; and
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
Specified Sexual Activities.
1. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of clothed or unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory function in the context of a sexual relationship, any of the following depicted sexually Definitions 9.10.050
City of Grover Beach Development Code 9-37
Adopted October 15, 2012
Amended July 21, 2014, December 16, 2013, May 15, 2017, January 8, 2018, May 21, 2018, December 3, 2018, March 18, 2019, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __ oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerastia; or
2. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or
3. Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or
4. Fondling or touching of clothed or unclothed human genitals, pubic region, buttocks or female breast; or
5. Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or
6. Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being; or
7. Human excretion, urination, menstruation, vaginal or anal irrigation; or
8. The presence of any person who performs, or appears in attire where specified anatomical parts are either not opaquely covered or minimally covered with devices commonly referred to as pasties and g-strings or any other opaque covering over the nipple and areola of the female breast, and, while covering the cleft between the buttocks and pubic area, covers less than one inch on either side of the entire length of the cleft between the buttocks and two inches across the pubic area.
9.10.050 Short-Term Rental Definitions
"Advertise”, “Advertisement” or “Advertising” shall mean the publication of any statements, phrases, words, photographs, drawings or other images for the purpose of informing any member of the public of the ability or availability to use a specific dwelling unit for short-term rental purposes, as described in this Section. For purposes of this definition, publication shall include but not be limited to verbal, written, printed, electronic, televised or broadcast set forth or contained in any newspaper, magazine, newsletter, website, solicitation, handbill, business card, flyer, outdoor advertising display, billboard, cable, satellite or digital radio or television broadcast, social networking site or any other electronic and digital media.
“Applicable laws, rules and regulations” means any 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 a privately owned single-unit dwelling, multi-unit dwelling or mobile home as a short-term rental. “Bedroom” means any habitable room normally occupied with no less than 70 square feet of floor area and no horizontal dimension less than seven feet with at least one wall
9.10.060 Definitions
9-38 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, December 16, 2013, May 15, 2017, January 8, 2018, May 21, 2018, December 3, 2018, March 18, 2019, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __ located along an exterior wall with a window and equipped with a heating source as required by the California Building Code.
“Good Neighbor Brochure” means a document prepared by the City that summarizes the general rules of conduct and applicable short-term rental regulations to be adhered to by renters.
“Guest” means an invitee of a renter or other person visiting a renter of a short-term rental unit who does not rent the unit. Guests shall only be allowed at the short-term rental between the hours of 7:00 a.m. and 10:00 p.m.
“Hotline” means the telephonic service operated by or for the city for the purpose of receiving complaints regarding the operation of any Short-Term Rental and forwarding the complaints to the local contact person.
“Local Contact Person” means the person designated on the short-term rental permit who shall be available 24-hours a day, seven days a week for the purpose of responding in-person to the short-term rental site within 30 minutes of receiving a complaint regarding the condition, operation, or conduct of guests and is authorized by the owner to take remedial action and who responds to violations.
“Non-Owner Occupied Short-Term Rental” is a short-term rental in which the owner does not reside in the residence during the time a renter is occupying the residence. “Owner Occupied Short-Term Rental” is a short-term rental in which the owner resides on the property during the time a renter is occupying the residence. “Owner” means the person or entity holding legal title and/or equitable title to the real property that is the subject of a short-term rental permit. The owner may allow a person to act as their authorized agent.
“Renter” means a person renting or occupying a short-term rental property in accordance with the terms of this Section. For purposes of this Section, “renter” shall have the same meaning as “transient,” as defined in Municipal Code Article X Chapter 6. "Short-term rental" or "STR" shall mean the rental of a private residence, or any portion of the private residence, for less than thirty or less consecutive days for which a rental contract for occupancy has been made which the short-term rental use is permitted to operate, pursuant to a current and valid short-term rental permit on file with the city. A short-term rental may be either an owner-occupied or non-owner occupied short term rental.
9.10.060 Sign Regulation Definitions
For the purposes of Section 3.60, Sign Regulations, the following definitions shall apply:
Abandoned Sign. Any lawfully erected sign that, for a period of 180 days or more, no longer advertises or identifies an ongoing business, activity, product, service, or other use available on the premise where the sign is located.
Definitions 9.10.060
City of Grover Beach Development Code 9-39
Adopted October 15, 2012
Amended July 21, 2014, December 16, 2013, May 15, 2017, January 8, 2018, May 21, 2018, December 3, 2018, March 18, 2019, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __ A-frame Sign. A freestanding portable sign ordinarily in the shape of an “A” or some variation thereof, which is readily moveable and not permanently attached to the ground or any structure; also referred to as a sandwich board sign.
Alteration. Any change of size, shape, illumination, position, location, construction or supporting structure of an existing sign.
Animated Sign. A sign with action or motion, rotating, flashing or color changes.
Art Mural. A non-commercial message that does not use an image, logo, or trademark to promote a commercial product or service and therefore not subject to sign ordinance regulations.
Awning Sign. A covering attached to the exterior wall of a building. It is typically composed of canvas woven of acrylic, cotton or polyester yarn, or vinyl laminated to polyester fabric that is stretched tightly over a light structure of aluminum, iron or steel, possibly coot or transparent material.
Banner Sign. A temporary sign composed of cloth, canvas, plastic, fabric, or similar lightweight, non-rigid material that can be mounted to a structure with cord, rope, cable, or a similar method.
Base. Constructed of material such as wood, steel, aluminum, concrete block, brick or other types of materials that support a solid freestanding sign structure.
Building Face. Any exterior elevation of a building.
Building Frontage. The width of a building occupied by a single business tenant that fronts on a public street where customer access to the building is available. Width is measured as the widest point on an architectural elevation.
Business Information Sign. Signs that are a part of a business operation that are nonilluminated signs that provide business information including types of purchase methods accepted such as credit card, business hours, menus, and other informational signs that pertain to the business.
Cabinet Sign. Also referred to as “can sign”. A sign that contains all the text and/or logo symbols on the display face of an enclosed cabinet, where text is static and non-digitally displayed. Cabinet signs typically are internally illuminated with sign faces transparent to be visible during evening hours.
Canopy Sign. Any sign that is part of a projecting awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance or window or outdoor service area, or otherwise attached to a building face.
Changeable Copy Sign. A sign with changeable copy, regardless of the method of attachment or the materials of construction, that is non-digital.
Commercial Message. Any wording, logo or other representation that, directly or indirectly, names, advertises or calls attention to a commercial or industrial business, product, good, service or other commercial or industrial activity.
9.10.060 Definitions
9-40 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, December 16, 2013, May 15, 2017, January 8, 2018, May 21, 2018, December 3, 2018, March 18, 2019, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __ Commercial Sign. Any sign with wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity.
Commercial Zones. Commercial zones include the following zones: OP, NC, CB, CBO, VS, CVS, RC, CC, and CGC.
Digital Display. The portion of a sign message made up of internally illuminated components capable of changing a message periodically. Digital displays may include but not limited to LCD, LED, plasma, or high intensity displays (hid).
Directional Sign. Signage that directs pedestrians or drivers to locations such as parking, drop off, or other wayfinding elements.
Directory Sign. A sign less than 8 square feet that directs pedestrians or visitors to tenants within a multi-tenant building.
Event. An occasion, gathering, or activity that is temporary in nature and has a set start time and end time. An example of an event includes but not limited to a sale or rental of a property, an “open-house” for the sale or rental of a property, a religious gathering, a federal/state/local election, garage or yard sale, etc.
Flag. A device, generally made of flexible materials, usually cloth, paper or plastic, usually used as a symbol of a government, school, or religion, corporation, or other lettering or symbols, and may contain either a not containing a commercial message or non-commercial message.
Foot Candle. A unit of illuminance or illumination, equivalent to the illumination produced by a source of one candle at a distance of one foot and equal to one lumen incident per square foot.
Freestanding Sign. Any sign supported by structures or supports that are placed on, or anchored in, the ground which are independent from any building or other structure.
These signs are also known as monument signs, and pylon signs.
Feather Flag. Also known as a blade sign, teardrop sign, or similar type of temporary signage that is constructed of cloth, canvas, plastic fabric, or similar lightweight, non-rigid material and that is supported by a single vertical pole mounted into the ground or portable structure for means of advertising.
Illegal Sign. Any sign erected without complying with all ordinances and regulations in effect at the time of its construction and erection or use.
Illuminated Sign. Any sign employing the use of lighting sources for the purpose of decorating, outlining, accentuating or brightening the sign area.
Industrial Zones. Industrial zones include the following zones: I, CI, and CIC.
Inflatable Sign. Any air or gas filled device located, attached, or tethered to the ground, site, merchandise, building, or roof and used for the purpose of signage, advertising or attention-getting.
Definitions 9.10.060
City of Grover Beach Development Code 9-41
Adopted October 15, 2012
Amended July 21, 2014, December 16, 2013, May 15, 2017, January 8, 2018, May 21, 2018, December 3, 2018, March 18, 2019, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __ Legal Nonconforming Sign. A sign which was legal when first erected, with all necessary permits, but due to a change in the law it became nonconforming (inconsistent with the current requirements of this Section).
Lumen. A unit equal to the light emitted in a unit solid angle by a uniform point source of one candle intensity.
Mobile Sign. The use of a moving trailer, automobile, truck, or any other vehicle to display commercial or noncommercial messages primarily for advertising purposes unrelated to the principal use of such vehicle.
Multi-Faced Sign. A sign with two or more sign faces where any two sign faces are oriented such that they have an interior angle of greater than forty-five (45) degrees from each other.
Noncommercial Signage. Any signage which is not determined to be commercial signage, as defined herein.
Noncommercial Message. Any wording, logo or other representation that does not directly or indirectly, name, advertise or calls attention to a commercial or industrial business, product, good, service or other commercial or industrial activity.
Off-Site Sign. Signage that is not located on the same legal lot of the business, accommodations, services, or commercial activity served by the sign. In commercial centers where there are multiple legal lots that comprise a commercial center and there is an agreement that allows the use of the sign by the business.
Off-Site Directional Sign. Signs displaying direction to a limited duration event that is located off-site and not located within the public right-of-way.
On-Site Sign. A sign advertising the business, accommodations, services or commercial activities provided on the site on which the sign is located.
Open Space Zones. Open spaces zones include the following zones: COS, OS, CVB, CPB and PR.
People Sign. A person, live or simulated, who is attired or decorated with insignia, images, costumes, masks, or other symbols that display commercial messages with the purpose of drawing attention to or advertising for an on-premise activity. Such person may or may not be holding a sign. Also known as human mascots, sign spinner, or walking signs.
Perforated Window Film. A calendared adhesive-backed PVC vinyl that contains pattern of round, evenly spaced holes that allow graphics printed on a glass surface, such as windows, to be seen from the outside, but appear invisible from the inside building space.
Permitted Sign. Signs permitted pursuant to Section 3.60.
Pole Signs. A sign wholly supported by a singular shape and separated from the ground by air.
9.10.060 Definitions
9-42 City of Grover Beach Development Code
Adopted October 15, 2012
Amended July 21, 2014, December 16, 2013, May 15, 2017, January 8, 2018, May 21, 2018, December 3, 2018, March 18, 2019, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __ Portable Sign. Any freestanding, moveable sign.
Projection. A sign that extends beyond the building wall, where the horizontal sign face is not parallel to a building wall.
Projecting Sign. A sign which projects more than two (2) feet from the exterior face of a building wall or facade and which uses the building wall as its primary source of support.
Projected Image Sign. A sign which involves an image projected on the face of a wall, structure, sidewalk, or other surface from a distant electronic device such that the image does not originate from the plan of the wall, structure, sidewalk, or other surface.
Residential Zones. Residential zones include the following zones: CPR1, R1, CR1, R2, CR2, R3, and CR3.
Residential Subdivision Sign. A sign which advertises for sale or lease residential units being constructed or rented within the City of Grover Beach.
Right-of-way. A public or private highway, road or thoroughfare which affords the principal means of property access. For the purposes of the signage section, this means roadway/ alleyway, sidewalk (if present), gutter (if present) and curb, whether concrete or asphalt.
Roof Sign. A sign erected upon or above a roof (angled surface) or a parapet of a building or structure, and not contained within a dormer (flat surface).
Sign. Any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public, with the exception of the following:
Sign Copy. Any words, letters, numbers, figures, designs or other symbolistic representation incorporated into a sign with the purpose of attracting attention to the subject matter.
Sign Face. The surface of the sign upon, against, or through which the message is displayed or illustrated on the sign.
Sign Structure. Any structure that supports or is capable of supporting any sign as defined in this Section. A sign structure may be a single pole and may or may not be an integral part of the building.
Site. A lot, or group of contiguous lots, with or without development, in single ownership, or having multiple owners, all of whom join in an application for signage.
Snipe Signs. Means anything that is attached to trees, wires, the ground, or to other objects that has a message appearing on it that does not apply to the present use of the premises or structure upon which the sign is located.
Street. A public or private highway, road or thoroughfare which affords the principal means of access to adjacent lots.
Definitions 9.10.060
City of Grover Beach Development Code 9-43
Adopted October 15, 2012
Amended July 21, 2014, December 16, 2013, May 15, 2017, January 8, 2018, May 21, 2018, December 3, 2018, March 18, 2019, June 17, 2019, October 7, 2019, July 6, 2020, and November 22, 2021, and __ Suspended Sign. A sign which hangs from the underside of a roof, a porch, awning, or covered walkway.
Temporary Sign. A sign that is not permanently anchored or secured to a building and not having supports or braces permanently secured in the ground, including but not limited to a-frame signs, banner signs, pennants, inflatables signs, flags, feather flags, or similar devices intended for a limited period of display.
Valance. A free-hanging projection of fabric below the main frame of an awning to create a decorative skirt.
Vertical Plane. A sign passing through the point of sight and perpendicular to the ground and to the structure of the sign.
Wall Sign. A sign attached to or painted on the exterior wall of a building or structure with the display surface of the sign approximately parallel to the building or structure wall.
Wayfinding Sign. An on or off-premises sign along the path of travel directing potential patrons to an area in which three or more businesses of the same type are located and to businesses within that area
Window Sign. A sign that is painted on, attached to, or suspended directly behind or in front of a window or the glass portion of a door.
Utility Pole. An outdoor pole consisting of either wood, metal, or other similar material, installed by an entity operating under the jurisdiction of the California Public Utilities Commission or other similar state or federal agency to support telephone, electric, and other cables.
Yard Sign. Any temporary sign placed in the ground or attached to a supporting structure, posts, or poles, that is not attached to any building, not including banners.
Attachment 4
CITY O F GRO VER BEACH
Plan to Affirm ative ly Furthe r Fair
and Affo rd ab le Ho using
May 2022
Plan to Affirmatively Further Fair and Affordable Housing Grover Beach 1
Introduction
In January 2017, Assembly Bill 686 (AB 686) introduced an obligation to affirmatively further fair housing (AFFH) into California state law. AB 686 defined “affirmatively further fair housing” to mean “taking meaningful actions, in addition to combat discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity” for persons of color, persons with disabilities, and other protected classes. The Bill added an assessment of fair housing to the Housing Element which includes the following components: a summary of fair housing issues and assessment of the City’s fair housing enforcement and outreach capacity; an analysis of segregation patterns and disparities in access to opportunities, an assessment of contributing factors, and an identification of fair housing goals and actions. The Grover Beach Housing Element was adopted prior to the effective date of this requirement; however, to meet the intent of the law, an Implementation Program was included to prepare a plan to affirmatively further fair housing. The primary data sources used in this analysis are the County of San Luis Obispo Analysis of Impediments to Fair Housing Choice 2020 (AI) and the State of California Department of Housing and Community Development (HCD) AFFH Data Viewer.
Fair Housing Assessment
Fair housing is a condition in which individuals of similar income levels in the same housing market have like ranges of choice available to them regardless of race, color, national origin, religion, sex, disability, familial status, ancestry, age, marital status, gender, gender identity, gender expression, genetic information, sexual orientation, source of income, or any other arbitrary factor.
Fair Housing Enforcement and Capacity
Fair Housing Services and Outreach
The 2020 County of San Luis Obispo Analysis of Impediments (AI) to Fair Housing Choice serves as the County’s fair housing plan document. The AI is a thorough examination of structural barriers to fair housing choice and access to opportunity for members of historically marginalized groups protected from discrimination by the Federal Housing Act (FHA). The AI also outlines fair housing priorities and goals to overcome issues related to fair housing. As a part of the consolidated planning process, entitlement communities that receive Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), Emergency Shelter Grants (ESG), and Housing Opportunities for Persons with AIDS (HOPWA) funds as a formula allocation directly from the U.S. Department of Housing and Urban Development (HUD) are required to submit to HUD certification that they are affirmatively furthering fair housing (AFFH).
The AI examines local housing conditions, economics, policies, and practices in order to ensure that housing choices and opportunities for all residents are available in an environment free from discrimination. The AI assembles fair housing information, identifies existing impediments that limit housing choice, and proposes actions to mitigate those impediments.
There are a number of organizations that provide fair housing services, including outreach and education, complaint intake, and testing and enforcement activities, for both providers and consumers of housing in San Luis Obispo County. These organizations include the San Luis Obispo Regional Office of California Rural Legal Assistance (CRLA), the Fair Housing Council of Central California (FHCCC), the U.S.
Plan to Affirmatively Further Fair and Affordable Housing Grover Beach 2
Department of Housing and Urban Development (HUD), and the California Department of Fair Employment and Housing (DFEH), which exists as a substantially equivalent agency to HUD in the state.
Fair Housing Complaints
Private discrimination can be a significant contributing factor to segregation, as high demands for affordable housing coupled with a low vacancy rate allows landlords ample room to discriminate.
Whether through rigorous screening processes, or outright discrimination against certain groups, private discrimination is an issue throughout San Luis Obispo County. For example, undocumented residents face discrimination, and there is a lack of steady legal resources since some agencies, such as California Rural Legal Assistance, are unable to provide services to undocumented residents. In addition, lack of protections for Section 8 voucher holders has (in the past) enabled pervasive landlord discrimination.
Many landlords refused to accept Section 8 vouchers, and often deliberately price rents outside of what a voucher holder would be able to afford. An amendment to the California Fair Employment and Housing Act, effective January 1, 2020, adds people using a housing subsidy to the list of protected groups, so now landlords cannot refuse a tenant based on their use of a Section 8 voucher. Additional education to landlords may be warranted to further knowledge of this State law change.
Countywide, 70 percent of cases handled by California Rural Legal Assistance were related to discrimination based on disability. Discrimination based on race represented 10 percent of cases, discrimination based on sex represented 7.5 percent, discrimination based on disability and national origin represented five percent respectively, and discrimination based on familial status represented two percent. According to the Fair Housing Council of Central California, the majority of complaints the office receives countywide are related to familial status.
HUD’s Office of Fair Housing and Equal Opportunity (FHEO) processes and provides services to address fair housing complaints. According to the AFFH Data Viewer, between 2013 and 2021, six fair housing complaints were filed with FHEO from residents of Grover Beach. Information on the complaint basis is available for only two of the six cases. Both relate to discrimination based on disability.
Key Fair Housing Enforcement Findings
• Discrimination based on a disability is the most prominent fair housing complaint received by fair housing providers in the County and within Grover Beach.
Integration and Segregation
Race and Ethnicity
Segregation is defined as the separation or isolation of a race/ethnic group, national origin group, individuals with disabilities, or other social group by enforced or voluntary residence in a restricted area, by barriers to social connection or dealings between persons or groups, by separate educational facilities, or by other discriminatory means.
To measure segregation in a given jurisdiction, HUD provides racial or ethnic dissimilarity trends.
Dissimilarity indices are used to measure the evenness with which two groups (frequently defined on racial or ethnic characteristics) are distributed across the geographic units, such as block groups within a community. The index ranges from 0 to 100, with 0 meaning no segregation and 100 indicating complete segregation between the two groups. The index score can be understood as the percentage of one of the two groups that would need to move to produce an even distribution of racial/ethnic groups within the Plan to Affirmatively Further Fair and Affordable Housing Grover Beach 3
specified area. For example, if an index score is above 60, 60 percent of people in the specified area would need to move to eliminate segregation. The following shows how HUD views various levels of the index:
● <40: Low Segregation
● 40-54: Moderate Segregation
● >55: High Segregation
Ethnic and racial composition of a region is useful in analyzing housing demand and any related fair housing concerns as it tends to demonstrate a relationship with other characteristics such as household size, locational preferences, and mobility. Prior studies have identified socioeconomic status, generational care needs, and cultural preferences as factors associated with “doubling up”—households with extended family members and non-kin. These factors have also been associated with ethnicity and race. Other studies have also found minorities tend to congregate in metropolitan areas though their mobility trend predictions are complicated by economic status (minorities moving to the suburbs when they achieve middle class) or immigration status (recent immigrants tend to stay in metro areas/ports of entry).
In the County, all non-white residents combined are considered to have low segregation from White residents, with an index score of 24.82 at the Census tract level and 30.04 at the block group level (see Table 1). Segregation between non-White and White residents has remained relatively steady since 1990. Black/White residents experience the highest levels of segregation amongst all racial groups and can be categorized as moderate at the Census tract level. However, at the block group level, which measures segregation at a finer grain than Census tracts, segregation is much higher between Black/White residents. Black residents are not as evenly distributed throughout the County, and mostly reside in cities such as Paso Robles, Atascadero, and San Luis Obispo.
TABLE 1: DISSIMILARITY INDEX FOR SAN LUIS OBISPO COUNTY (SAN LUIS OBISPO COUNTY, CA CDBG) JURISDICTION
Racial/Ethnic Dissimilarity Index 1990 Trend 2000 Trend 2010 Trend Current
(2010 Census
Block Group)
Non-White/White 26.30 25.09 24.82 30.04
Black/White 48.57 48.66 48.69 60.11
Hispanic/White 28.66 28.82 28.48 32.42
Asian or Pacific Islander/White 31.39 25.07 23.13 27.60 Source: 2020 San Luis Obispo County Analysis of Impediments to Fair Housing Note: The table presents Decennial Census values for 1990, 2000, 2010, all calculated by HUD using Census tracts as the area of measurement. The “current” figure is calculated using block groups from the 2010 Decennial Census, because block groups can measure segregation at a finer grain than Census tracts due to their smaller geographies. See https://www.hud.gov/program_offices/fair_housing_equal_opp/affh for more information.
Plan to Affirmatively Further Fair and Affordable Housing Grover Beach 4
Dissimilarity Indices for the City of Grover Beach are not provided by the HUD Affirmatively Furthering Fair Housing Tool (AFFH-T) because Grover Beach does not directly receive HUD funds through the Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), or Emergency Solutions Grants (ESG) program.
Assessing the racial composition and distribution of the City can help identify any potential areas of local segregation in the absence of dissimilarity indices. The U.S. Census reports the 2021 racial/ethnic distribution of population in Grover Beach, with the majority of the population White (62 percent), followed by Hispanic or Latino (30 percent), two or more races (10 percent), Asian (2.6 percent) and Black (2.5 percent). When compared with San Luis Obispo County at large, Grover Beach has a higher proportion of Hispanic residents (30 percent compared to 23 percent) and residents with Two or More Races (10 percent compared to 4 percent), and a lower proportion of White residents (80 percent compared to 89 percent) and Asian residents (2.6 percent compared to four percent).
Figure 1 shows the distribution of non-white residents in Grover Beach based on 2018 block group data from HCD’s AFFH Data Viewer. Block groups in the southern portion of town (south of West Grand Avenue) have a greater concentration of non-white population.. The block groups in the city with a nonWhite population range between 20 and 60 percent non-White. There are no clearly defined tracts with higher populations of non-white residents in the city, which may indicate a relatively even distribution of racial/ethnic groups. Similar demographics can be seen in neighboring Oceano, where non-White concentration is more distinctive as the percentage of non-white residents reaches the 61 to 80 percentage range. Other cities such as Pismo Beach and Arroyo Grande, have lower levels of non-white residents.
Key Race and Ethnicity Fair Housing Findings
• There are higher levels of segregation amongst Black/White racial groups countywide, with most Black residents living in cities such as Paso Robles, Atascadero, and San Luis Obispo. • In Grover Beach, there appears to be a relatively even distribution of racial/ethnic groups.
Plan to Affirmatively Further Fair and Affordable Housing Grover Beach 5
Plan to Affirmatively Further Fair and Affordable Housing Grover Beach 6
Persons with Disabilities
In 1988, Congress added protections against housing discrimination for persons with disabilities through the FHA, which protects against intentional discrimination and unjustified policies and practices with disproportionate effects. The FHA also prohibits the denial of requests for reasonable accommodations and reasonable modifications for persons with disabilities if necessary, to afford an individual equal opportunity to use and enjoy a dwelling. With regards to fair housing, persons with disabilities have special housing needs because of the lack of accessible and affordable housing. In addition, many may be on fixed incomes or have higher healthcare costs associated with their disability that further limit their housing options.
According to the 2015-2019 American Community Survey (ACS), there were a total of 1,924 individuals five years old and older in Grover Beach living with disabilities, or approximately 14 percent of the total population. The countywide disability rate is somewhat lower, with 11.6 percent of resident living with one or more disabilities. In Grover Beach and countywide, ambulatory difficulty is common among both the senior and non-senior populations, while cognitive difficulty is more common among non-seniors and hearing difficulty and independent living difficulty is more common among seniors.
Figure 2 shows the population of persons with a disability by Census tract in the city using American Community Survey data from 2015-2019. At a regional level, Grover Beach is similar to the rest of the county in that almost all of the Census tracts have less than 20 percent of their population living with a disability. The map demonstrates neighboring cities to the north and east, such as Pismo Beach and Arroyo Grande, have some tracts where the concentration of residents with disabilities fall below 10 percent.
Key Persons with Disabilities Fair Housing Findings
• Most Census tracts in Grover Beach have less than 20 percent of residents with a disability, reflecting countywide trends.
Familial Status
Under the FHA, housing providers may not discriminate because of familial status. Familial status refers to the presence of at least one child under 18 years old, pregnant persons, or any person in the process of securing legal custody of a minor child (including adoptive or foster parents). Examples of familial status discrimination include refusing to rent to families with children, evicting families once a child joins the family (through birth, adoption, or custody), enforcing overly restrictive rules regarding children’s use of common areas, requiring families with children to live on specific floors, buildings, or areas, charging additional rent, security deposit, or fees because a household has children, advertising a preference for households without children, and lying about unit availability.
Families with children often have special housing needs due to lower per capita income, the need for affordable childcare, the need for affordable housing, or the need for larger units with three or more bedrooms. Single-parent households are also protected by fair housing law. Of particular consideration are female-headed households, who may experience greater housing affordability challenges due to typically lower household incomes compared to two-parent households. Often, sex and familial status intersect to compound the discrimination faced by single mothers.
Plan to Affirmatively Further Fair and Affordable Housing Grover Beach 7
Plan to Affirmatively Further Fair and Affordable Housing Grover Beach 8
According to the 2015-2019 ACS, there are 674 female-headed family households in Grover Beach, representing 13 percent of households. Figures 3 and 4 show the percent of children in female-headed households (no spouse/partner) in the region and the percent of children in married-couple households by Census tract using ACS data from 2015-2019. The figures demonstrate that Grover Beach has a higher percentage of female-headed households, with percentages as high as 21-40 percent of households, when compared to the region. Parts of Pismo Beach and Shell Beach have similar characteristics; other cities in the region have percentages of female householders that are lower than 20 percent. Grover Beach has similar percentages of children living in married-couple households when compared to neighboring areas, with Census tracts across the city in the 40-60 percent range; only Arroyo Grande has between 60 and 80 percent of children living in married-couple households.
Key Familial Status Fair Housing Findings
• Grover Beach has a higher percentage of female-headed households than many neighboring cities.
Income Level
Each year, HUD receives custom tabulations of ACS data from the U.S. Census Bureau. Known as the "CHAS" data (Comprehensive Housing Affordability Strategy), it demonstrates the number of households in need of housing assistance by estimating the number of households that have certain housing problems and have income low enough to qualify for HUD’s programs (at thresholds of 30 percent, 50 percent, and 80 percent of median income). HUD defines a Low/Moderate Income (LMI) area as a Census tract or block group where over 51 percent of the population is LMI (based on HUD income definition of earning up to 80 percent of the area median income).
According to the 2019 ACS, the median household income for Grover Beach was $64,217, which is lower than the San Luis Obispo County median house income of $73,518, and lower than the State median income ($87,000). Median household income differs by tenure; owner households earn $81,144 compared with $45,127 for renter households in Grover Beach. Figure 5 shows the distribution of income levels across block groups; most of Grover Beach earns between $55,000 and $87,000 and a portion earns between $87,000 and $125,000 (above the State median income). When compared to the surrounding region, cities like Pismo Beach and Arroyo Grande are comprised of a more diverse range of incomes, with some block groups earning less than $55,000 and others earning more than $125,000, namely residents in the Shell Beach neighborhood of Pismo Beach.
At the county level, the latest iteration of CHAS data from the 2011-2015 American Community Survey (ACS) shows 114,905 LMI residents in San Luis Obispo County against a population of 260,465. This yields an LMI percentage of 44.12 percent countywide. In other words, 44.12 percent of people living in San Luis Obispo County are members of households earning less than 80 percent of Area Median Income. Though significant, this percentage is similar to the broader geographical region. Neighboring Santa Barbara County’s percentage was 49 percent; Ventura, 43 percent; and Monterey, 49 percent. Grover Beach has a slightly higher low- and moderate-income percentage of 54 percent. Pismo Beach (43 percent) and Arroyo Grande (36 percent) have lower proportions of LMI households than Grover Beach, whereas Oceano (54 percent) has similar levels.
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Census data estimates indicate that 13.6 percent of the population in Grover Beach lives in poverty, as defined by federal guidelines. This proportion is similar to San Luis Obispo County, where 12.5 percent of residents live in poverty. Figure 6 shows the distribution of poverty levels across Grover Beach by Census tract; nearly half of the tracts in the city have 10 to 20 percent of the population whose incomes are below the poverty level. As a region, Grover Beach and Oceano are characterized by having proportionally more residents with incomes below the poverty level, compared to other cities like Arroyo Grande and Pismo Beach.
Key Income Level Fair Housing Findings
• Grover Beach has more LMI households and a lower median income than the countywide average.
• There are significant disparities in renter and household income, where Renter households earn half the median income of owner households.
Racially/Ethnically Concentrated Areas of Poverty (R/ECAP) R/ECAPs are geographic areas with significant concentrations of poverty and minority populations. HUD has developed a Census-tract based definition of R/ECAPs. In terms of racial or ethnic concentration, R/ECAPs are areas with a non-White population of 50 percent or more. With regards to poverty, R/ECAPs are Census tracts in which 40 percent or more of individuals are living at or below the poverty limit or that have a poverty rate three times the average poverty rate for the metropolitan area, whichever threshold is lower. Using available 2009-2013 data from the AFFH Data Viewer, no R/ECAPs are identified in the City of Grover Beach. The closest R/ECAP is located 30 miles north, in the city of Atascadero; however, more recent data show no local concentrations of poverty in the county.
Racially Concentrated Areas of Affluence
Racially Concentrated Areas of Affluence (RCAAs) are defined by HUD as communities with a large proportion of affluent and non-Hispanic White residents. According to a policy paper published by HUD, non-Hispanic Whites are the most racially segregated group in the United States. In the same way neighborhood disadvantage is associated with concentrated poverty and high concentrations of people of color, distinct advantages are associated with residence in affluent, White communities. RCAAs are currently not available for mapping on the HUD AFFH Data Viewer. As such, an alternate definition of RCAA from the University of Minnesota Humphrey School of Public Affairs is used in this analysis. RCAAs are defined as Census tracts where (1) 80 percent or more of the population is white, and (2) the median household income is $125,000 or greater (slightly more than double the national median household income in 2016).
In Grover Beach, there are no block groups that meet this definition. Within the region, there are blocks that could be considered RCAAs east of Highway 101 in the cities of Pismo Beach and Arroyo Grande.
Key R/ECAP and RCAA Fair Housing Findings
• There are no R/ECAPs or RCAAs in Grover Beach.
• RCAAs are present in some block groups in Pismo Beach and Arroyo Grande.
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Opportunity Access
TCAC Maps
HCD and the California Tax Credit Allocation Committee (TCAC) coordinated efforts to produce opportunity maps that evaluate specific economic, environmental, and educational characteristics that have been shown by research to support positive economic, educational, and health outcomes for lowincome families. The characteristics are derived from data such as proximity to jobs, high school graduation rates, unemployment rates, population living below the property line, etc. The indicators are grouped into three categories, economic, environmental, and education, and are used to create an overall composite score that ranges from low to highest resource. Low resources indicate less access to opportunity and high resources indicate greater access to opportunity. The TCAC/HCD Opportunity Maps are intended to display the areas that offer low-income children and adults the best chance at economic advancement, high educational attainment, and good physical and mental health. The primary function of TCAC is to oversee the Low-Income Housing Tax Credit (LIHTC) Program, which provides funding to developers of affordable rental housing. The opportunity maps play a critical role in shaping the future distribution of affordable housing in areas with the highest opportunity.
Shown on Figure 7, the entire city of Grover Beach has TCAC opportunity tracts that are moderately resourced, similar to that of Oceano. Cities like Arroyo Grande and Pismo Beach have much higher levels of resources, and therefore more access to opportunity.
Education
Housing and school policies are mutually reinforcing, which is why it is important to analyze access to educational opportunities when assessing fair housing. At the most general level, school districts with the greatest amount of affordable housing tend to attract larger numbers of LMI families (largely composed of minorities). Test scores often reflect student demographics, with Black/Hispanic/Latino students routinely scoring lower than their White peers, and less diverse schools with higher test scores tend to attract higher income families to the school district. This is a fair housing issue because as higher income families move to areas with higher test scores, the overall cost of housing rises and an exclusionary loop is created, leading to increased racial and economic segregation across districts as well as decreased access to high-performing schools for non-White students.
Grover Beach belongs to the Lucia Mar Unified School District, which also includes the communities of Shell Beach, Pismo Beach, Arroyo Grande, Oceano, Halcyon, and Nipomo. Table 2 provides a comparison of how well schools perform within the city, school district, and statewide. Grover Beach has a total of three public schools, all of which are elementary schools. Generally, the schools located in Grover Beach perform on par with State averages. The Lucia Mar Unified School District as a whole scores slightly better than both the individual schools within Grover Beach and the State.
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TABLE 2: SCHOOL PERFORMANCE METRICS
School Average Test Ranking Proficiency Scores
Grover Beach 6/10 considered to be in the top
50% of all schools in the State
Math: 39%
Reading: 50%
Lucia Mar Unified School
District
7/10 considered to be in the top
50% of all schools in the State
Math: 42%
Reading: 56%
California -- Math: 40%
Reading: 51%
Source: publicschoolreview.com
Note: Proficiency scores represent the percentage of students in a school district that scored at or above “proficient” levels in math as designated by California and its state tests.
The Education Data Partnership reports an ethnic diversity score of 41 for the Lucia Mar School District.
The Ethnic Diversity Index reflects how evenly distributed these students are among the race/ethnicity categories. The more evenly distributed the student body, the higher the number. A school where all of the students are the same ethnicity would have an index of 0. The index is out of 100; the highest score any school currently receives in the country is 76. Lucia Mar School District score reflects a somewhat diverse student body. The District’s population includes approximately 48 percent Hispanic or Latino students, 44 percent White, and less than two percent each for Black and Asian students. The District’s diversity score has remained the same between 2016 and 2021.
Key Education Access Fair Housing Findings
• Performance metrics show that public schools located in Grover Beach fall within State averages, but slightly lower than the overall local school district averages. • Student demographics of the local school district show a somewhat diverse student body and do not suggest any exclusionary patterns existing within the region.
Transportation
Grover Beach has access to bus service provided by South County Transit and passenger rail service provided by Amtrak. The Grover Beach Train Station is located on Highway 1 near the intersection with West Grand Avenue. The website alltransit.cnt.org measures the number of transit trips per week a household takes and the number of jobs accessible by transit for a geographic area and assigns a score.
Based on these factors, Grover Beach has a performance score of 5 out of 10, which means Grover Beach has a low combination of trips per week and number of jobs accessible enabling few people to take transit to work. However, the City’s score is significantly higher than the countywide score of 2.6. The data also shows that in Grover Beach, 99 percent of workers live within ½ mile of transit compared with 57.6 percent for the county. Only 1.81 percent of Grover Beach commuters use transit and 1.49 percent of commuters countywide use transit.
Additionally, AllTransit provides the transit connectivity index (TCI), a metric based on the number of bus routes and train stations within walking distance for households in a given block group scaled by the frequency of service. The result is scaled from 0-100, with zero being no transit and 100 being the best block group in the country. The overall Transit Connectivity Index (TCI) for Grover Beach is a 4 out of 100 Plan to Affirmatively Further Fair and Affordable Housing Grover Beach 17
in comparison to 2 out of 100 for the County. Grover Beach’s score indicates that many households are not served by high frequency transit.
Key Transportation Access Fair Housing Findings
• Transit access in Grover Beach is better than overall county averages; however, many households still lack access to high frequency transit service and few people use transit to commute to work.
Employment/Economic Development
Local economic characteristics impact local housing needs, even though these characteristics may not be directly related to fair housing. These economic characteristics include the types of jobs available within the municipality, the way residents access jobs (e.g., auto, transit, etc.), the types of occupations held by residents, and their household income. The AFFH Data viewer provides two indices to measure employment opportunities: the jobs proximity index and the economic opportunity index. The jobs proximity index quantifies the accessibility of a neighborhood to jobs in the region by measuring the physical distances between jobs and places of residence. It too varies from 0 to 100, and higher scores point to better accessibility to employment opportunities. The Economic Opportunity Index provides a composite score of the jobs proximity index as well as other indicators that depict elements of a neighborhood’s socio-economic character such as poverty, adult education attainment level, employment, and median home value. This composite score ranges from 0–1, where the higher values indicate more positive economic outcomes.
The jobs proximity index in Grover Beach ranges between 20-60, meaning there is low to moderate proximity to jobs. Cities north of Grover Beach and closer to San Luis Obispo tend to have higher proximity index scores, with San Luis Obispo being the regional hub of employment and economic activity. Similarly, Grover Beach has economic scores in 0.25-0.50 range, indicating somewhat less positive economic outcomes in comparison to cities north of Grover Beach that have scores in 0.50-0.75 range, indicating more positive economic outcomes.
In terms of unemployment, December 2021 unemployment data from the State Employment Development Department reported that San Luis Obispo County had an unemployment rate of 3.5 percent. Grover Beach had a similar level of unemployment (3.1 percent). Pismo Beach (2.3 percent) and Arroyo Grande (1.8 percent) were lower; Oceano had the highest unemployment of the neighboring cities at 5.1 percent.
Key Employment/Economic Development Access Fair Housing Findings • Grover Beach generally has less access to major employers in the region than cities located closer to San Luis Obispo.
Disproportionate Needs
A disproportionate housing need exists when the members of a racial/ethnic group at a given income level experience housing problems at a greater rate (10 percentage points or more) than the jurisdiction as a whole. In the San Luis Obispo-Paso Robles-Arroyo Grande Region (which, as defined by the AI, includes Grover Beach), the percentage of Native Americans and White, Non-Hispanic households experiencing house problems is far less (38 and 42 percent, respectively) than the Hispanic (61 percent) and those who identified as Other, Non-Hispanic (62 percent). These two groups also experience severe housing problems at a percentage higher than that of the other racial/ethnic groups in the region, with White households still experiencing less severe housing problems.
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While the AI does not provide an analysis at smaller geographies, HUD CHAS data for 2013-2017 shows that renter households experience housing problems at a greater proportion than owner households (Table 3). Lower-income households in Grover Beach also experience a significantly higher proportion of housing problems compared with their high-income counterparts.
TABLE 3: GROVER BEACH HOUSEHOLDS WITH DISPROPORTIONATE HOUSING NEEDS Owner
Households
Renter
Households
All
households
Households experiencing housing problems 25% 59% 45%
Households experiencing severe housing problems 9% 40% 27% Households experiencing housing problems by income
Household Income <= 30% HAMFI 84% 89% 88%
Household Income >30% to <=50% HAMFI 67% 97% 89%
Household Income >50% to <=80% HAMFI 65% 75% 72%
Household Income >80% to <=100% HAMFI 32% 38% 36%
Household Income >100% HAMFI 8% 9% 8%
Total 25% 59% 45%
Note: HUD Area Median Family Income
Source: U.S. Department of Housing and Urban Development. Comprehensive Housing Affordability Strategy (CHAS) data. https://www.huduser.gov/portal/datasets/cp.html. Accessed September 2021 Cost Burden
State and federal standards specify that households spending more than 30 percent of gross annual income on housing experience a housing cost burden. When a household spends more than 30 percent of its income on housing costs, it has less disposable income for other necessities such as health care, child care, and food. In Grover Beach, 37.6 percent of households are overpaying for housing.
Figures 8 and 9 show cost burden (overpayment) for homeowners and for renter households in Grover Beach by Census tract. Overall, there is a smaller percentage of homeowners experiencing housing cost burden, compared to renter occupied households. Across the Census tracts within Grover Beach, the percentage of homeowners overpaying for housing ranges from 20 to 40 percent. Between 40 to 60 percent of renter households throughout the city experience cost burden. When compared to the region, homeowners in Grover Beach are somewhat better off than homeowners in Pismo Beach where there is a greater percentage of housing cost burden. However, the opposite applies to renters, who experience more housing cost burden in cities like Grover Beach and Oceano than in neighboring cities such as Arroyo Grande and Pismo Beach (where less rental housing exists).
Key Cost Burden Fair Housing Findings
• Grover Beach has a higher percentage of rental housing than neighboring cities. • When compared to neighboring cities, homeowners in Grover Beach experience less cost burden, whereas renters experience more cost burden.
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Overcrowding
In response to a mismatch between household income and housing costs in a community, some households may not be able to buy or rent housing that provides a reasonable level of privacy and space. Overcrowding can occur when housing costs are so high relative to income that families double up or reside in smaller units, which tend to be more affordable. According to both California and federal standards, a housing unit is considered overcrowded if it is occupied by more than one person per room (excluding kitchens, bathrooms, and halls). In Grover Beach, a very small percent of housing units in the city are overcrowded, as demonstrated in Table 4, which shows the number of occupants per room for owner and renter occupied units.
TABLE 4: OCCUPANTS PER ROOM IN GROVER BEACH
Occupants per Room Owner Occupied Percentage Renter Occupied Percentage
0.50 or less 2,077 39% 1,275 24%
0.51 to 1.00 622 12% 1,147 22%
1.01 to 1.50 0 0% 125 2%
1.51 or more 32 1% 29 1%
Total 2,731 51% 2,576 49%
Source: U.S. Census Bureau, 2015-2019 American Community Survey 5-Year Estimates.
Figure 10 identifies the levels of overcrowding across Census tracts in the city, which reflects similar characteristics identified in the charts seen above—there is a small percentage of households (renter and owner occupied) that are overcrowded. At a regional level, overcrowding levels among households are lower than 8.2 percent, and in some tracts there is no significant overcrowding (in Pismo Beach).
Key Cost Burden Fair Housing Findings
• Overcrowding is not a significant issue in Grover Beach and in neighboring cities.
Environmental Justice
The California Office of Environmental Health Hazard Assessment (OEHHA) developed a screening methodology to help identify California communities disproportionately burdened by multiple sources of pollution, called the California Communities Environmental Health Screening Tool (CalEnviroScreen).
In addition to environmental factors (pollutant exposure, groundwater threats, toxic sites, and hazardous materials exposure) and sensitive receptors (seniors, children, persons with asthma, and low birth weight infants), CalEnviroScreen also takes into consideration socioeconomic factors. These factors include educational attainment, linguistic isolation, poverty, and unemployment. Research has shown a heightened vulnerability of people of certain ethnicities and lower socioeconomic status to environmental pollutants. Figure 11 shows CalEnviroScreen results for Grover Beach; local tracts rank in (1) the top 25 percent and (2) top 50 percent among the State (indicating better outcomes for Grover Beach than the majority of the State). The 75 percent threshold identifies disadvantaged communities.
Western Grover Beach and Oceano score between 25 and 50 percent based on higher socioeconomic burdens such as low educational attainment, higher poverty levels, and more housing cost burden. The levels of pollution exposure are consistent throughout Grover Beach and nearby cities, with risks due to pesticides and drinking water contamination.
Key Cost Burden Fair Housing Findings
• Environmental burdens are not a significant issue in Grover Beach and neighboring cities.
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Displacement Risk
Displacement occurs when housing costs or neighboring conditions force current residents out and rents become so high that lower-income people are excluded from moving in. Areas with high demand for homes drives up housing costs and increases pressure for redevelopment, resulting in the potential for displacement. Physical displacement is the result of eviction, acquisition, rehabilitation, or demolition of property, the expiration of covenants on rent- or income-restricted housing, or the rising cost of housing. Physical displacement may also be linked to non-financial forces such as segregation. Economic displacement is due to inability to afford rising rents or costs of homeownership like property taxes.
Figure 12 and Figure 13 show the percentage of renter occupied housing units and the location affordable index (median gross rent costs) by Census tracts. Across the city, there is a relatively high percentage of renter-occupied housing units, with Census tracts comprised of 40 to 60 percent renteroccupied units. As for median gross rent costs, renters in the city pay less than $1,500 for rent monthly, which is lower than neighboring cities (Pismo Beach and Arroyo Grande), where rent levels in some tracts reach $2,000. This demonstrates that while there is a larger percentage of residents renting in Grover Beach, these residents also are paying less than renters in neighboring cities. This could create some regional displacement pressures in Grover Beach as residents from other areas look to Grover Beach for more affordable housing options, making it more difficult for existing low-income residents to compete with new housing demand.
Additionally, UC Berkeley’s Displacement Project (UDP), which measures a community’s sensitivity to displacement, has identified Grover Beach and Oceano as vulnerable communities to displacement. UDP states that a Census tract is a sensitive community if the proportion of very low-income residents was above 20 percent in 2017 and the Census tracts meet two of the following criteria: (1) Share of renters above 40 percent in 2017; (2) Share of Non-White population above 50 percent in 2017; (3) Share of very low-income households (50 percent AMI or below) that are also severely rent burdened households above the county median in 2017; or (4) Nearby areas have been experiencing displacement pressures.
Key Cost Burden Fair Housing Findings
• Communities in Grover Beach and neighboring Oceano are considered to be vulnerable to displacement.
Sites Inventory
Affirmatively Furthering Fair Housing means taking meaningful actions that, taken together, address significant disparities in housing needs and in access to opportunity. The 2020-2028 Grover Beach Housing Element identifies sites to accommodate the city’s Regional Housing Needs Allocation (RHNA).
For purposes of the Housing Element sites inventory, this means that sites identified to accommodate the lower-income need are not concentrated in low-resourced areas (lack of access to high performing schools, proximity to jobs, location disproportionately exposed to pollution or other health impacts) or areas of segregation and concentrations of poverty. As noted in the Housing Element, the RHNA is addressed with projects approved and proposed, accessory dwelling unit projects that will be located throughout the community in lower density neighborhoods, and vacant and underutilized sites designated for future residential development affordable to various incomes. Sites to meet both the lower- and moderate-income RHNA are distributed throughout the city (are not isolated by income group) and no one area has a concentration of sites to meet the low- or moderate-income. See Figures 14 and 15, which also appear in the Housing Element.
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Figure 14: Sites Inventory
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Figure 15: Sites Inventory Continued
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Fair Housing Issues and Contributing Factors
AI Recommendations to Improve Fair Housing
The 2020 County of San Luis Obispo AI identified the following issues and establishes recommendations to improve fair housing choice in the county pertaining to:
• Lack of Public Investment
• Land Use and Zoning Laws
Fair housing contributing factors can create, perpetuate, or increase the severity of one or more fair housing issues
Lack of Public Investment
The AI identifies that Grover Beach has fair housing issues related to lack of public investment in specific neighborhoods (including services and amenities), where road conditions are significantly poor compared to roads throughout the county.
Action to Address:
In 2014, voters in Grover Beach approved Measure K-14, the Grover Beach Street Rehabilitation; Safety Improvement Bond Measure. In approving the measure, the City was authorized to issue up to $48 million in bonds to fund street rehabilitation and repair. Since 2014, the City has made significant progress in repairing streets throughout the community and continues to work on the remaining street rehabilitation projects. In addition, in 2022 Astound Broadband in a partnership with the City will be installing fiber to the home to all residents, providing ultra-fast and reliable high-speed internet infrastructure.
Land Use and Zoning Laws
Land use and zoning laws were also identified in the AI as high priority contributing factors to Segregation, Disparities in Access to Opportunity, and Disproportionate Housing Needs in the County of San Luis Obispo. A variety of different city and county policies render it difficult to produce housing that would be more affordable to low-income households that are disproportionately comprised of racial and ethnic minorities and persons with disabilities. It is difficult to produce both publicly supported housing (which is often only viable where multi-family housing is permitted) and market-affordable housing (such as manufactured home parks).
In Grover Beach, there is higher proportion of zoning that allows for multi-family housing compared to the rest of the county. However, the maximum density in the most intensive multi-family district is only 20 units per acre, which the AI noted is lower than most other cities in the county. However, because Grover Beach uses gross acreage to calculate density, the lot includes the adjacent right of ways to centerline of the street. As such, gross density of 20 units per acre equates more closely to a net density of 24-28 units per acre in other jurisdictions (depending on the width of the street and lot location on a corner or interior to the block).
The AI also noted that there are no mobile home park districts, and manufactured homes in low-density zones have a minimum size requirement of 1,000 square feet, which limits the potential for manufactured homes to serve as supply options in providing future affordable housing, especially for smaller households.
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Actions to Address:
As part of the comprehensive Development Code update in 2022, the City introduced fractional density to incentivize the development of smaller units for multi-family and mixed-use projects rather than require deed restricted low income units. Fractional density does not require smaller units but encourages it through the ability to increase the number of units as follows:
• Units up to 600 square feet = 0.50 units
• Units greater than 600 square feet up to 1,000 square feet = 0.66 units • Units greater than 1,000 square feet = 1 unit
Fractional density allows more units within the same amount of bulk and mass; where three 2,000 square foot homes would have been allowed, now six 1,000 square foot homes will be allowed. Rather than simply increasing the density, fractional density provides an incentive for more development that is affordable by design.
In addition, the minimum unit size requirement of 1,000 square feet was removed from the lowdensity residential zone.
Another fair housing issue identified in the AI for Grover Beach is inconsistencies for larger residential care facilities, where the development of these facilities is strictly prohibited in some residential zones, while allowing them as conditional use in other residential zones. These regulatory barriers to providing housing and supportive services for persons with disabilities can also contribute to segregation for persons with disabilities in the city.
Action to Address:
The City updated the Development Code to clearly allow transitional and supportive housing as a permitted use in all zones where residential uses are allowed. Residential care facilities are permitted with a Use Permit in many residential and commercial zones in the city.
AFFH Analysis Identification of Local Fair Housing Issues and Contributing Factors Displacement Risk Due to Economic Pressure
Contributing factors: Inadequate supply/production of affordable/special needs housing, high land and development costs in the region, public opposition to new development, and land use and zoning laws As indicated in the AI, one of the key fair housing issues in the region is often linked or related to the lack of housing affordable to different income levels. This primary contributing factor to the city’s fair housing issues is regional in nature and includes high housing costs and limited opportunities for new, deed-restricted affordable rental housing in the local area, due to the need for subsidies or inclusionary housing requirements to support this type of housing. This factor is not specific to Grover Beach but is a general trend in the region and throughout the State.
Action to Address:
In response to this issue, the City comprehensively updated the Development Code to remove barriers to development and incentivize housing that is smaller and more affordable by design, through fractional density and reduced development standards (parking, setbacks, and open space) and development of objective design standards to encourage efficient processing and Plan to Affirmatively Further Fair and Affordable Housing Grover Beach 31
entitlement of residential projects. The Development Code also removed Use Permit requirements and provides for senior and affordable housing to be permitted by right.
Access to Opportunity Barriers
Contributing factors: Lack of major employment centers and high frequency transit locally As noted in the AI, in the San Luis Obispo area, there is more limited access to employment than some other more densely developed parts of California. Within the region, many of the employment opportunities are concentrated in and around the City of San Luis Obispo. The City (and region in general) also lacks access to high frequency transit that could be used to better connect residents to regional employment centers, particularly for low-income residents who often tend to be more transit dependent.
Action to Address:
Grover Beach supports and promotes regional and local solutions through partnerships and local investment. The City has partnered to install fiber optic cable infrastructure throughout the community, to support both existing and new businesses as well as residents old and new who are working from home. The region is seeing an increase in people looking to relocate into the Central Coast since the COVID pandemic resulted in new opportunities for remote work. In addition, the City’s comprehensive update to the Development Code incentivizes new mixed-use development opportunities in commercial zones and live/work options.
Actions to Address Fair Housing Issues
In addition to the actions mentioned above, the City is taking several actions (reflected in the Housing Plan of the 2020-2028 Housing Element) to address these contributing factors to fair housing issues and affirmatively further fair housing throughout the city. These actions include:
• Program 1.4: Partner with Housing Advocates
o Action to Address: The City is collaborating with Peoples’ Self Help Housing and the Housing Authority of San Luis Obispo to develop a new 53-unit affordable housing project in Grover Beach.
• Program 1.6: Rezone to Meet RHNA
o Action to Address: The City amended the General Plan and the Development Code, per this program, for APNs 060-309-002 (rezone from RC to CBO), 060-156-031 (rezone from PF to R3), 060-156-011 (rezone from PF to R3), and 060-242-044 & 45 (rezone from PR to CBO, with a PDO that limits the use to an all affordable project). • Program 1.7: State Employee Housing Act
o Action to Address: As part of the comprehensive Development Code update, the Code was modified to show compliance with the State Employee Housing Act. • Program 1.8: Housing Accountability Act and SB 2 Implementation o Action to Address: As part of the comprehensive Development Code update, the City revised permit requirements to allow more residential development without discretionary review (i.e., by right) for smaller projects and the preparation of objective design standards for all residential uses and mixed-use projects. This also includes the Plan to Affirmatively Further Fair and Affordable Housing Grover Beach 32
elimination of subjective development standards/policies, resulting in more certainty in the development review process for projects.
• Program 3.2: Density Bonus
o Action to Address: As part of the comprehensive Development Code update, the City updated the density bonus ordinance to align with State law. • Program 4.2: Low Barrier Navigation Centers
o Action to Address: As part of the comprehensive Development Code update, LowBarrier Navigation Centers were added to the Code, allowed by right in all commercial and industrial zones where residential uses are allowed. • Program 4.3: Reasonable Accommodation
o Action to Address: The City will prepare and publish informational handouts for those seeking a reasonable accommodation from the strict interpretation of the zoning regulations. These informational handouts will be made available at City Hall and on the City website.
• Program 5.4: Residential Demolitions
o Action to Address: As part of the comprehensive Development Code update, the City updated the Code to require new developments to replace all affordable housing units lost due to new development.
• Program 6.1: Development Impact Fees
o Action to Address: The City is conducting an update to development impact fees, intending to index fees based on size of unit, providing lower fees for small units where there is a demonstrated nexus.
• Program 6.2: Annual Review of Housing Constraints
o Action to Address: The City completes an annual General Plan Housing Element report. • Program 6.3: Streamline Housing Development Process
o Action to Address: As part of the comprehensive Development Code update, the City codified Senate Bill 35 (2017) streamlining approval process and standards for eligible projects, as set forth under GC Section 65913.4.
• Program 6.4: Accessory Dwelling Units (ADUs)
o Action to Address: As part of the comprehensive Development Code update, the City updated ADU regulations to be consistent with State law. The City is also collaborating in a regional effort to develop ADU prototype plans.
• Program 8.2: Affirmatively Further Fair Housing
o Actions to Address:
The City’s Code Compliance staff will receive appropriate training on fair housing and support investigations and enforcement of fair housing laws. City staff will receive training on new changes to the Development Code, including requirements pertaining to the demolition of existing residential units. The City will prepare informational flyers on Fair Housing in Spanish and English in 2022.
1 Wendi Sims
From: Doug Michie < >
Sent: Saturday, April 16, 2022 5:03 AM
To: Wendi Sims
Subject: Comment on Land Use Element and Development Code Update I note an error in the Proposed Updates to Land Use Element and Development Code Sectio 4.25.60 (B) (4) (d.) B. Applicability.
4. No urban lot split or a two‐unit housing development shall occur on a property meeting any of the following criteria:
d. Any existing unit on a lot has been occupied by a tenant within the past three years relative to when the application is received.
This Section should read:
The lot split or two‐unit housing development would alter or demolish any existing unit on a lot that has been occupied by a tenant within the past three years relative to when the application is received.
This language is drawn from Government Code Section 66411.7 (a)(3)(D)(iv):
(3) The housing being development meets the following requirements:
(D) The proposed urban lot split would not require demolition or alteration of any of the following housing types:
(iv) Housing that has been occupied by a tenant in the last three years.
Without the change in the language of 4.25.60 (B) (4) (d.), as worded it would place a more stringent restriction on a lot split or two‐unit housing development that is in contravention of Government Code Section 66411.7 (a)(3).
Doug Michie
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Attachment 5
1 Wendi Sims
From: Craig R. Smith, AIA >
Sent: Tuesday, April 19, 2022 1:44 PM
To: Wendi Sims
Subject: 4/19/22 City Council/Planning Commission Workshop Dear Council and Planning Commission Members,
My name is Craig Smith and I am an architect (CRSA Architecture) and one of the participating stakeholders of the Proposed Land Use Element and Development Code Update to be heard and presented for your review and discussion this evening. I have reviewed the final draft and find the report to be more than adequate in addressing the specific issues of development for the city of Grover Beach. This report is a very professional and applicable document for the future of Grover Beach and its intent and ability to oversee and direct development. Therefore I highly recommend that both council and the planning commission find it in their means to support and approve this report accordingly.
Both the city planning staff and their consultants should be thanked for the effort and hard work this undertaking required. Grover Beach will be a better place due to their oversight and hard work. It was a privilege and an honor to be a part of this history making event.
Thanks again to staff and your efforts for the future of Grover Beach.
Respectfully Submitted,
Craig R. Smith, AIA
Consulting Architect
Hunter Smith Architecture
1 Wendi Sims
From: Krista Jeffries < >
Sent: Tuesday, April 19, 2022 5:07 PM
To: Wendi Sims
Subject: Joint CC/PC Workshop
Good Afternoon Council and Commissioners,
SLO County YIMBY has been fairly vocal about what kind of city policies we believe will yield more abundant housing at all income levels, and so we will make this input brief.
Overall, Grover Beach has been at the forefront of tackling the housing and homelessness crisis. We hope you continue to set an example and use your position to influence our neighboring jurisdictions to follow suit.
Chief among the primary changes we feel are necessary is the issue of permitted heights and parking minimums in all zones. Due to both Grover’s small area and small lot sizes, it seems imprudent to restrict heights and land use in these critical ways.
There’s a natural restriction borne by projects 5‐6 stories or less, simply because they are cheaper to build than taller ones. Most projects will be shorter than 6 stories. Even so, as our population ages, elevators will become more important mobility aides and the cost required to maintain one sometimes needs more units than a smaller project can finance. This flexibility in our development code is important for creating the variety of housing for all abilities and income levels.
Parking minimums should be ended and the city should start to consider parking maximums instead. There is little to no data or science behind how much parking a project really “needs” except that it is an endless induced demand. Our small lot sizes just can’t afford any mandatory space that is dedicated to something other than the humans who pay taxes, start businesses, and need shelter.
Please see this article for how another coastal California city is getting creative with it’s policies in an effort to promote more housing.
https://www.kpbs.org/news/local/2022/04/14/in‐san‐diegos‐quest‐for‐more‐housing‐unlimited‐height‐density‐show‐ results
Thank you for your dedication to our community and please support the kind of evidence‐based, creative changes we need to meet the needs of our current and future neighbors. ‐‐
Ban Cars & Build Homes,
Krista Jeffries
SLO County YIMBY
Lead Organizer
1 Nicole Retana
Subject: FW: Development Code and Grand Avenue
From: Jimmy Summer < >
Sent: Friday, April 29, 2022 1:43 PM
To: CouncilMembers <[email protected]>
Subject: Development Code and Grand Avenue
Council Members,
My letter today is a bit of an essay, but it’s a culmination of many thoughts I have had over the past few years regarding Grover Beach and its bright future. For starters, I am not a Grover Beach resident but live in the Five Cities Area. Growing up, my family had an office on Front Street which I visited frequently to clean and help with whatever tasks they needed me to do. Today, my wife and I visit almost every week to go to our favorite restaurants (Spoon Trade, Grover Beach Sourdough) and do other shopping. I have always believed in the potential of the City, which is why I am encouraged by its enthusiasm for new development under your leadership.
I have been reviewing the updates to the development code since they were released for the April 19th session and I am very excited with the changes that have been proposed. The introduction of fractional density for multi-family units, the reduction in parking minimums and decrease in setbacks are great modifications to the code and will position the City for more and better new developments. Changes like these are encouraging to see when many other cities across California are restricting development out of fear rather than promoting it with optimism. We will not dig ourselves out of this housing crisis unless we adapt to the new reality that we must increase density but can do so responsibly.
While I am very optimistic about Grover Beach's future, I am still discouraged by the state of West Grand Avenue. It has been 10 years since the West Grand Avenue Master Plan was released, and while some progress has been made, there has been a lack of major developments proposed along Grand Avenue since then (with the exception of the recent 4th & Grand project). Grover Beach has all the right aspects going for it, beautiful weather, beach access within walking distance, strong community and an easily navigable grid street system. However, what I believe is holding back Grand Avenue from its true potential is its current status as an automobile focused thoroughfare.
In his book "Walkable City", author Jeff Speck advocates for road diets as a way to encourage more walking and biking as well as engage the street with retail storefronts. Not only can it increase retail sales by encouraging consumers to stay around longer, it can save lives by reducing vehicle and pedestrian accidents. The West Grand Avenue Master Plan proposed a road diet for the CBD, however, it has not been implemented. There is fear that road diets will create traffic and congestion, however, there has been extensive research that road diets do not increase traffic because they encourage other forms of transportation. Grover Beach would greatly benefit from implementing a road diet on Grand Avenue, not just in the CBD but all the way to Highway 1. This is what it will take to reach the full potential of what was laid out in the Master Plan, and I'm sure that the majority of the City's residents would prefer the Master Plan's vision vs.
Grand Avenue's current state.
For an amazing example of what this transformation looks like, check out the BLVD project in Lancaster, CA. They had a very similar main thoroughfare as Grand Avenue and transformed it by reducing the lanes from four to two, increasing the sidewalk widths and increasing the on-street parking by putting in diagonal spots in the middle. In addition to better street activation with the surrounding retail and more public space, the City can also reduce its off-street parking requirements because they added more on-street spots. These changes through the BLVD project also significantly increased safety by reducing vehicle speeds while increasing pedestrian visibility and has completely revitalized their previously struggling commercial corridor.
More info on BLVD: https://www.cnu.org/what-we-do/build-great-places/lancaster-boulevard Again, I want to say excellent job on the recent updates to the development code, the City is moving in the right direction! I believe in Grover Beach's future and am hopeful for the improvement of its greatest and most visible asset, Grand Avenue!
2 Thank you, and I look forward to hearing from you!
Jimmy Summer
1 Nicole Retana
Subject: FW: Planning Commission Public Comment
Attachments: SB10 SCCC Govt Affairs.pdf
From: Krista Jeffries < >
Sent: Tuesday, May 3, 2022 9:50 AM
To: Wendi Sims <[email protected]>
Subject: Planning Commission Public Comment
Good Morning GB Staff and Commissioners,
Please find attached a presentation I gave to the South County Chamber of Commerce government affairs committee.
This particular deck is about the need for a Senate Bill 10 ordinance, which would be up to the council to decide, however I felt it was pertinent to the current conversation.
I've been an advocate for abundant and affordable housing for the last three years across the County, not only because my neighbors and their friends and families deserve choices in housing at different stages of their lives, but because our status‐quo sprawl is incredibly expensive and crumbling in place due to our inability to pay for it. Sprawl isolates us from our communities, local businesses, and enjoyment of our town. It strains our public purse and leaves our places poorer in the long run, even as we build top dollar homes on what precious little land we have left.
Some of the changes we must support may seem drastic or invasive to those who have moved here seeking refuge from big city life. However, the Central Coast has made most of the same poor decisions as LA and SF and the Central Valley; we just haven't had the job growth to prove how equally harmful it's been for our neighbors and businesses.
Aside from the slides I've attached, here are some specific points I'd like to see changed:
‐Reevaluate the units per acre allowed on single family lots. If SB9 allows 4 units per parcel, do our permitted densities reflect what's already enshrined in state law? Typically we need six units on a small GB parcel to support transit services, so anywhere within a 1/4 mile of a bus stop or the train station should have at least that much allowable density. ‐Eliminate front setbacks. The practice of homes coming close to public spaces is simply good design that engenders connection between neighbors and passersby. Some people may still want a front yard, and that's fine. But it shouldn't be mandatory.
‐Single family homes should be allowed to be taller, if the owner wants it. The building across the street from me is 3 stories and about 40ft tall. But if I wanted to build my 3 allowed homes under my own R3 zoning, I'm not allowed to build them as tall as my neighboring apartments.
Please support the kinds of change we should have made decades ago, so that we can meet the future head‐on.
Ban Cars & Build Homes,
Krista Jeffries
SLO County YIMBY
Lead Organizer
2 Agenda Item No. 7
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: May 23, 2022 FROM: Matthew Bronson, City Manager
PREPARED BY: Kristin Eriksson, Deputy City Manager
SUBJECT: Second Reading and Adoption of an Ordinance to Amend Chapter 2 (Compensation) of Article II (Administration) of the Grover Beach Municipal Code to Increase Council Salaries; and Report on Health Insurance Benefits for Council Members in San Luis Obispo County
RECOMMENDATION
1) Conduct a public hearing for the second reading and adoption of an Ordinance to amend Chapter 2 (Compensation) of Article II (Administration) of the Grover Beach Municipal Code (GBMC) to increase Council salaries; and
2) Receive a report about health insurance benefits provided to council members throughout the County and provide direction to staff on whether to add insurance benefits to the Council’s compensation in Grover Beach.
BACKGROUND:
At the April 11, 2022 Council meeting, Council Member Miller requested scheduling an agenda item to consider increasing the compensation received by the Council given increases in cost of living. The Council concurred with this request and provided direction to staff to schedule this item for an upcoming meeting. The current compensation of $600 per month for Council Members and $750 per month for the directly-elected Mayor was approved on December 4, 2017 and became effective in December 2018 following the November 2018 election. Previously, Council compensation had not been adjusted since 1986 and was the lowest level among the seven cities in San Luis Obispo County.
At the April 25, 2022 Council meeting, the Council received a report on Council compensation which provided the relevant legal requirements, as shown in Attachment 1, along with stipends, insurance benefits and equipment allowances for other city councils in the county. As shown in Attachment 2, the report indicated that the City’s Council stipends in Grover Beach are currently on the lower end compared to other cities in the county and that Grover Beach is the only city in the county that does not offer any health insurance benefits to Council Members. The Council directed staff to draft an ordinance to increase Council stipends by the maximum allowable amount of 20% under Government Code Section 36516(a)(4) (5% for each of four years since the last increase became effective) and to bring back an agenda item for further deliberation of providing health insurance benefits to the Council.
Ordinance to Increase Council Salaries
The attached Ordinance (Attachment 3) was introduced with a first reading at the May 9, 2022 Council meeting. The Ordinance amends the GBMC to increase Council member salaries by 20%, Staff Report: Second Reading and Adoption of an Ordinance to Increase Council Salaries and Page 2 Report on Health Insurance Benefits for Councilmembers in San Luis Obispo County May 23, 2022
effective December 2022 following the November 2022 election. Pending Council adoption, this will increase salaries to $720 per month for Council Members and to $900 per month for the directly-elected Mayor.
City Council Health Insurance Benefits
Following the Council’s direction to receive more information about health benefits, staff surveyed other cities within San Luis Obispo County about the level of benefits provided to Council Members. Each city varies as to the extent of coverage though Grover Beach is the only city that does not offer insurance coverage. The following shows the level of insurance benefits that are covered by the cities for Council Members:
City Health Insurance Contribution
Arroyo Grande Same contribution as provided to management employees (Medical costs between $735.45 and $1,783.46 depending on number of dependents) Atascadero Same contribution as provided to management employees for Council Member only; Dental/Vision – cover full cost for member only Grover Beach No coverage
Morro Bay Contribution equal to lowest cost CalPERS plan for Council Member only; Dental/Vision – cover full cost, plus family;
Paso Robles Contribution of PERS Choice PPO for Council Member and one dependent Pismo Beach Same contribution as provided to management employees for Council Member and dependents
San Luis Obispo Offer up to $1,607 per month for coverage for Council Member and 2 dependents
As shown above, most cities that provide insurance coverage to Council Members provide coverage for members equal to that of management employees. Grover Beach management employees receive a contribution between $637.54, or the cost of the PERS Gold PPO plan with Vision and Dental insurance for the employee only, per month and $1,648.74, or the cost of the PERS Gold PPO Plan with Vision and Dental insurance for the employee and all dependents.
Management employees must pay any additional costs for coverage. The current contributions and monthly medical rates for the City’s management and confidential employee group is attached as Attachment 4.
If the Council directs staff to return with an ordinance increasing compensation of Council Members and the Mayor to receive insurance benefits for members only equal to that of management employees receive for themselves only in line with the cities of Morro Bay and Atascadero, the estimated cost to the City would $38,252 per year. If the Council directs staff to return with an ordinance increasing compensation of Council Members and the Mayor to receive insurance benefits at this level for members and their dependents, in line with the cities of Arroyo Grande and Pismo Beach, the estimated cost to the City would be up to $98,400 per year. Council could also direct staff to use a different benchmark for providing health insurance benefits.
Staff is seeking the Council’s direction on whether to include health insurance benefits in members’ compensation and, if so, whether only the member or the member and dependents should be covered. If directed by the Council, staff would introduce an ordinance to make any changes in health insurance benefits at the June 13, 2022 regular meeting.
Staff Report: Second Reading and Adoption of an Ordinance to Increase Council Salaries and Page 2 Report on Health Insurance Benefits for Councilmembers in San Luis Obispo County May 23, 2022
FISCAL IMPACT
Adoption of the Ordinance amending the GBMC to increase Council compensation will result in an annual cost increase of $7,560 and a prorated cost in FY 2022-23 of $4,410 that will be absorbed in the operating budget. Should the Council direct staff to return with an ordinance to add insurance benefits to Council compensation, the estimated annual cost would be between $38,252 and $98,400 annually, assuming Council provides direction to match management employee benefits and all members elect to accept the insurance benefits. If Council chose to implement such benefits following the November 2022 election, the prorated cost for FY 2022-23 would be less than the projected annual amount.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Conduct a public hearing for the second reading and adoption of an Ordinance to amend Chapter 2 (Council Compensation) of Article II (Administration) of the GBMC to increase Council compensation; and
2. Receive a report about insurance benefits provided to council members throughout the County and provide direction to staff on whether to add insurance benefits to the Council’s compensation in Grover Beach; or
3. Provide alternative direction to staff.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Attachments
1. Legal References (Grover Beach Municipal Code and Government Code)
2. San Luis Obispo County Council Compensation Comparisons
3. Ordinance Amending Chapter 2 of Article II (Administration) of the Grover Beach Municipal Code to Increase Council Compensation
4. 2022 Monthly Medical Rates for Management Employees
Compensation for Council Members
Grover Beach Municipal Code Sec. 2201. Compensation of Council Members. Each member of the Council shall receive, as salary, the sum of six hundred dollars ($600) per month and, pursuant to Government Code section 36516.1, as may be amended from time to time, the directly elected Mayor shall receive, as salary, seven hundred and fifty dollars ($750) per month. (Ord. No. 22; Am. Ord. 75-11; Ord. 86-2; Am. Ord. 17-08) Government Code Sec. 36516.
(a) (1) A city council may enact an ordinance providing that each member of the city council shall receive a salary based on the population of the city as set forth in paragraph (2). (2) The salaries approved by ordinance under paragraph (1) shall be as follows:
(A) In cities up to and including 35,000 in population, up to and including three hundred dollars ($300) per month.
(B) In cities over 35,000 up to and including 50,000 in population, up to and including four hundred dollars ($400) per month.
(C) In cities over 50,000 up to and including 75,000 in population, up to and including five hundred dollars ($500) per month.
(D) In cities over 75,000 up to and including 150,000 in population, up to and including six hundred dollars ($600) per month.
(E) In cities over 150,000 up to and including 250,000 in population, up to and including eight hundred dollars ($800) per month.
(F) In cities over 250,000 population, up to and including one thousand dollars ($1,000) per month.
(3) For the purposes of this subdivision, the population of a city shall be determined by the last preceding federal census, or a subsequent census, or estimate validated by the Department of Finance.
(4) The salary of council members may be increased beyond the amount provided in this subdivision by an ordinance or by an amendment to an ordinance, but the amount of the increase shall not exceed an amount equal to 5 percent for each calendar year from the operative date of the last adjustment of the salary in effect when the ordinance or amendment is enacted. No ordinance shall be enacted or amended to provide automatic future increases in salary.
(b) Notwithstanding subdivision (a), at any municipal election, the question of whether city council members shall receive a salary for services, and the amount of that salary, may be submitted to the electors. If a majority of the electors voting at the election favor it, all of the council members shall receive the salary specified in the election call. The salary of council members may be increased beyond the amount provided in this section or decreased below the amount in the same manner.
(c) Unless specifically authorized by another statute, a city council may not enact an ordinance providing for compensation to city council members in excess of that authorized by the procedures described in subdivisions (a) and (b). For the purposes of this section, compensation includes payment for service by a city council member on a commission, Attachment 1
committee, board, authority, or similar body on which the city council member serves. If the other statute that authorizes the compensation does not specify the amount of compensation, the maximum amount shall be one hundred fifty dollars ($150) per month for each commission, committee, board, authority, or similar body.
(d) Any amounts paid by a city for retirement, health and welfare, and federal social security benefits shall not be included for purposes of determining salary under this section, provided that the same benefits are available and paid by the city for its employees. (e) Any amounts paid by a city to reimburse a council member for actual and necessary expenses pursuant to Section 36514.5 shall not be included for purposes of determining salary pursuant to this section.
(f) A city council member may waive any or all of the compensation permitted by this section. (Amended by Stats. 2009, Ch. 332, Sec. 68. Effective January 1, 2010.) Government Code Sec. 36516.1.
A mayor elected pursuant to Sections 34900 to 34904, inclusive, may be provided with compensation in addition to that which he or she receives as a council member. That additional compensation may be provided by an ordinance adopted by the city council or by a majority vote of the electors voting on the proposition at a municipal election.
Government Code Sec. 36516.5.
A change in compensation does not apply to a councilman during his term of office; however, the prohibition herein expressed shall not prevent the adjustment of the compensation of all members of a council serving staggered terms whenever one or more members of such council becomes eligible for a salary increase by virtue of his beginning a new term of office. (Added by Stats. 1966, 1st Ex. Sess., Ch. 12.)
City Council Compensation Comparisons
City Council Stipends
City Council Stipends
City Council Member Mayor
Arroyo Grande $648 $798
Atascadero $600 $750
Grover Beach $600 $750
Morro Bay $1,000* $1,400*
Paso Robles $600 $800
Pismo Beach $772 $1,072
San Luis Obispo $2,139 $2,696
City Council Insurance Benefits
City Council Insurance Benefits
City Medical Dental Vision Life
Arroyo Grande X X X 0
Atascadero X X X X
Grover Beach 0 0 0 0
Morro Bay X X X X
Paso Robles X X X 0
Pismo Beach X X X X
San Luis Obispo X X X X
0 – Not offered
X – Offered
City Council Equipment
City Council Equipment
City Tablet Cell Phone Internet Overall Stipend
Arroyo Grande 0 0 0 0
Atascadero 0 0 0 0
Grover Beach 0 0 0 0
Morro Bay 0 0 0 0
Paso Robles 0 0 0 0
Pismo Beach 0 S S S
San Luis Obispo 0 X S S
0 – no compensation
X – Device provided directly to elected official
S – Stipend or reimbursement provided to elected official Attachment 2
ORDINANCE 22-__
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GROVER
BEACH, CALIFORNIA AMENDING CHAPTER 2 (COUNCIL
COMPENSATION) OF ARTICLE II (ADMINISTRATION)
WHEREAS, Grover Beach Municipal Code Section 2201 provides that each Council Member shall receive $600 per month as a salary and the Mayor shall receive $750 per month as a salary; and
WHERAS, members of City Council of the City of Grover Beach (“City”) have not had an increase in salary since December 2018; and
WHEREAS, California Government Code section 36516 provides that the Council Members may increase their salaries by an ordinance in an amount not to exceed 5 percent for each calendar year from the operative date of the last increase; WHEREAS, Council Members are entitled under the Government Code to approved a salary increase consistent with Government Code Section 36516 without constituting a conflict of interest.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Grover Beach as follows:
PART 1: Chapter 2 (Compensation), Section 2201 of Article II (Administration) of the Grover Beach Municipal Code is hereby amended to read as follows:
Sec. 2201. Compensation of Counsel Members. Each member of the Council shall receive, as a salary, the sum of seven hundred twenty dollars ($720) per month and, pursuant to Government Code section 36516.1 , as may be amended from time to time, the directly elected Mayor shall receive, as a salary, nine hundred dollars ($900) per month.
PART 2: Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance or any part thereof is for any reason held to be in violation of the law, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared in violation of the law.
PART 3: Effective Date. This Ordinance shall not become effective and in full force and effect until 12:01 a.m. on the thirty first day after its final passage. However, the increase in compensation shall become effective after the November 2022 General Municipal Election and when any member of Council commences their new term of office, and within fifteen (15) days after adoption by the City Council, the Ordinance shall be published once, together with the names of the Council Members voting thereon, in a newspaper of general circulation within the City.
Attachment 3
Ordinance No. 22-__ Page 2
INTRODUCED at a regular meeting of the City Council held ________ and PASSED, APPROVED, and ADOPTED by the City Council on __________, on the following roll call vote, to wit:
AYES: Council Members –
NOES: Council Members –
ABSENT: Council Members –
ABSTAIN: Council Members –
APPROVED:
__________________________
JEFF LEE, MAYOR
Attest:
____________________________________
WENDI SIMS, CITY CLERK
Approved as to Form:
_____________________________________
DAVID P. HALE, CITY ATTORNEY
**DRAFT**
Attachment 4
Agenda Item No. 8
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: May 23, 2022 FROM: Matthew Bronson, City Manager
PREPARED BY: John Peters, Chief of Police
Bruce Buckingham, Community Development Director
A. Rafael Castillo, AICP, Senior Planner
David Hale, City Attorney
SUBJECT: Second Reading and Adoption of an Ordinance to Amend the Grover Beach Municipal Code Article III (Public Welfare, Morals & Conduct), Chapter 18 (Commercial Cannabis Activity) to Allow for Onsite Cannabis Consumption Areas and Temporary Special Events
RECOMMENDATION
Conduct a second reading to adopt the Ordinance amending Municipal Code Article III (Public Welfare, Morals & Conduct) Chapter 18 (Commercial Cannabis Activity) to allow for onsite cannabis consumption areas, temporary special events, and other various amendments.
BACKGROUND
At its May 9, 2022 meeting, the Council conducted the first reading of a proposed Ordinance to allow for onsite cannabis consumption and other permitting changes and voted 3-1 to schedule a second reading of the Ordinance for a public hearing. Council Member Robert dissented on this vote and Council Member Miller was recused as she lives within 500 feet of a cannabis retail facility. The Council expressed concern about outdoor smoke at special events that could adversely affecting surrounding properties and requested additional information. Staff has added some clarifying language as discussed below along with other minor revisions directed by Council which are shown in blue (reference Attachment 1).
Chapter 18 – Commercial Cannabis Activity
Section 4000.20. Definitions
Definition (G), “Cannabis Consumption Business Permit” has been modified from the first reading to clarify that the number of permits shall not exceed the number of permitted retail businesses already approved by the Council.
Section 4000.52. Cannabis Consumption Areas Building and Construction Standards.
The Council requested additional information regarding outdoor consumption area performance standards. As proposed, the outdoor performance standards include the following requirements:
• An odor absorbing ventilation and exhaust system shall be installed so that any odor, vapor, or smoke generated from the outdoor consumption area is not detected outside the property or lease area boundaries, or anywhere on adjacent property or public rights-ofway, or within any other unit located within the same building as the cannabis use.
Staff Report: Amendments to Commercial Cannabis Ordinance for Onsite Consumption Page 2 May 23, 2022
• Designated Cannabis Consumption Area shall not be visible from any public place or nonage restricted area.
These systems would need to be designed by the retailers and must be in compliance at all times of operations. Following the May 9th meeting, staff contacted two jurisdictions that have implemented outdoor consumption lounges (West Hollywood and Santa Rosa). City staff from West Hollywood confirmed similar language in their ordinance and their outdoor consumption lounges were in full compliance with their odor control and non-visible smoke policies. West Hollywood also requires that a security guard walk the premier to ensure no odor or smoke is detected for one block which the Council may consider adding to the proposed ordinance. Based on these discussions, staff recommends that the Ordinance language remain with minor modifications shown. As stated at the previous meeting, staff will provide Council with an update on the effectiveness of the ordinance within a year of adoption. In addition, staff would provide the Council with an event summary of all special events that include consumptions areas.
Section 4000.53. Cannabis Special Events Permit
Similar to the outdoor consumption areas, the Council asked for additional information regarding performance standards for special events that include on-site consumption. Staff has added a performance standard for special temporary cannabis events that require the following:
• If the temporary event proposes consumption areas that includes smoking, vaping, or any other type of odor or smoking, the event organizer is required to designate a consumption area either within a building or fully enclosed temporary structure such as a tent with a ventilation system that would prevent odors from being detected off-site. • Requirement for a site plan at the time of permit submittal that designates areas for onsite consumption.
Staff also added language to clarify that a special event permit could be revoked if the event was not in compliance with the Ordinance or any condition of the permit.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Conduct the second reading and adopt the Ordinance, amending Grover Beach Municipal Code (GBMC) Article III (Public Welfare, Morals & Conduct), Chapter 18 (Commercial Cannabis Activity) to allow for on-site cannabis consumption areas, temporary special events, and other various amendments; or
2. Provide alternative direction.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act and a notice was advertised in the New Times on April 28, 2022. In addition, a notice was sent to all property owners within 300 feet of the four retailers given the Council’s direction to provide additional notice beyond what is required for ordinances.
Attachments
1. Amended Ordinance
ORDINANCE NO. 22-05
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH, CALIFORNIA AMENDING CHAPTER 18, ARTICLE III OF THE GROVER BEACH MUNICIPAL CODE AMENDING SECTION 4000.20, SECTION 4000.30, SUBSECTION (A) OF SECTION 4000.40, SECTION 4000.50, SECTION 4000.70, SECTION 4000.160, SECTION 4000.200, AND ADDING NEW SECTIONS 4000.51, 4000.52, AND 4000.53 TO MAKE REVISIONS CONSISTENT WITH
RECENT STATE LAW CHANGES AND ENACT REGULATIONS REGARDING
ON-SITE CONSUMPTION AREAS AND SPECIAL COMMERCIAL CANNABIS EVENTS.
WHEREAS, the City of Grover Beach is a General Law city organized pursuant to Article XI of the California Constitution; and
WHEREAS, pursuant to the authority granted the City by Article XI, Section 7 of the California Constitution, the City has the police power to adopt regulations designed to promote the public convenience or the general prosperity, as well as regulations designed to promote the public health, the public morals or public safety; and
WHEREAS, comprehensive zoning regulations and regulations upon the use of land, businesses and property lie within the City’s police power; and WHEREAS, the Federal Controlled Substances Act, 21 U.S.C. Sections 801 et seq. classifies marijuana as a Schedule 1 Drug and makes it unlawful, under federal law, for any person to cultivate, manufacture, distribute, dispense, or possess with intent to manufacture, distribute or dispense, marijuana (cannabis); and
WHEREAS, the Federal Controlled Substances Act contains no exemption for the cultivation, manufacture, distribution, dispensation or possession of cannabis for medicinal purposes or otherwise; and
WHEREAS, notwithstanding federal law, in 1996, the voters of the State of California approved Proposition 215 (codified as California Health and Safety Code Section 11362.5 and titled the “Compassionate Use Act of 1996"), the intent of Proposition 215 being to enable persons who are in need of marijuana for medical purposes to be able to obtain and use it without fear of state criminal prosecution under limited, specified circumstances; and WHEREAS, in 2004, Senate Bill 420 was enacted (codified as California Health and Safety Code Section 11362.7 et seq. and titled the “Medical Marijuana Program Act” to clarify the scope of the Compassionate Use Act of 1996 (“CUA”); and WHEREAS, the Medical Marijuana Program Act (“MMPA”) promulgates rules wherein counties and cities can adopt and enforce rules and regulations consistent with its provisions; and WHEREAS, in 2011, Assembly Bill 2650 was enacted (codified as California Health and Safety Code Section 11362.768) affirming that counties and cities can under state law adopt ordinances that control and restrict the location and establishment of a medical marijuana cooperative, collective, dispensary, operator, establishment, or provider; and Attachment 1
Ordinance No. 22-05 Page 2
WHEREAS, in 2015, California enacted three bills – Assembly Bill 243; Assembly Bill 266; and Senate bill 643 – that collectively established a comprehensive state regulatory framework for the licensing and enforcement of cultivation, manufacturing, retail sales, transportation, storage, delivery, and testing of medicinal cannabis in California. This regulatory scheme was known as the Medical Cannabis Regulation and Safety Act (MCRSA); and WHEREAS, In November, 2016, Proposition 64 was enacted and entitled “The Adult Use of Marijuana Act” (“AUMA”) (codified as amendments to California Health and Safety Code, Business and Professions Code, Revenue and Taxation Code and Food and Agricultural Code).
The intent of Proposition 64 being to establish a comprehensive system to decriminalize, control and regulate the cultivation, processing, manufacturing, distribution, testing, and sale of nonmedical marijuana, including marijuana products, for use by adults 21 years and older, and to tax the commercial growth and retail sale of marijuana, as well as other marijuana related activities; and
WHEREAS, June 27, 2017, the State Legislature adopted the State Budget along with a number of trailer bills including Senate Bill no. 94 which enacted “The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA). This bill repealed MCRSA and included certain provisions of MCRSA in the licensing provisions of AUMA. Under this bill, these consolidated provisions make up the MAUCRSA and includes the regulations for both medical and nonmedical cannabis uses; and
WHEREAS, Sections 26054 and 26200 of the California Business and Professions Code establishes regulations for setback requirements for Commercial Cannabis Activity consistent with local regulations and again affirming that counties and cities can under state law adopt ordinances that control, restrict or ban the location and establishment of any Commercial Cannabis Activity licensed under MAUCRSA; and
WHEREAS, the California Supreme Court held in City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc. (2013) 56 Cal. 4th 729, 753 (“Inland Empire”) that the objectives of the CUA and MMPA were modest and that those acts did not create a broad right to access medical marijuana, and Inland Empire goes on to provide that neither the CUA nor the MMPA “expressly or impliedly preempts the authority of California cities and counties, under their traditional land use and police powers, to allow, restrict, limit, or entirely exclude” the distribution of medical marijuana. (Id. At p. 762.); and
WHEREAS, the Court of Appeal, Third Appellate District, held in James Maral, et al. v.
City of Live Oak (2013) 221 Cal.App.4th 975, that the reasoning of Inland Empire applies to the cultivation of medical marijuana as well as its distribution, as both are addressed in the CUA and the MMPA; and
WHEREAS, with limited exceptions, neither the Compassionate Use Act (CUA), the Medical Marijuana Program Act (MMPA), the Medical Cannabis Regulation and Safety Act (MCRSA), the Adult Use of Marijuana Act (AUMA) or the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) require or impose an affirmative duty or mandate upon local governments to allow, authorize or sanction the establishment and the operation of facilities for distribution, cultivation, manufacturing or processing medical or non-medical marijuana within its jurisdiction, and
WHEREAS, notwithstanding the comprehensive nature of both the Adult Use of Marijuana Act and the Medicinal and Adult-Use Cannabis Regulation and Safety Act, both Acts under state Ordinance No. 22-05 Page 3
law protect the ability of local entities to maintain reasonable control over medical and nonmedical marijuana activities; and WHEREAS, the City Council desires to establish reasonable land use controls and reasonable regulations on the operation of cannabis related businesses and personal use which are intended to operate in conjunction with the City of Grover Beach Development Code’s land use regulation and which are intended to address the negative impacts and nuisance impacts of cannabis-related businesses and use; and
WHEREAS, mindful of the fact that marijuana possession and use is prohibited under federal law and partially decriminalized under state law, it is the Council’s intention that nothing in this ordinance shall be construed, in anyway, to expand the rights of anyone to use or possess marijuana under state law; engage in any public nuisance; violate federal law, or engage in any activity in relation to the cultivation, distribution, testing or consumption of cannabis that is otherwise illegal. It is further the intent of the City Council of the City of Grover Beach to maintain local control over these matters to the fullest extent permitted by law; and
NOW THEREFORE, BE IT HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF GROVER BEACH AS FOLLOWS:
PART 1. Section 4000.20 of Chapter 18, Article III of the Grover Beach Municipal Code, Commercial Cannabis Uses, is hereby amended as follows:
Section 4000.20. Definitions. When used in this Chapter, the following words shall have the meanings ascribed to them in this section. Any reference to California statutes includes any regulations establishedthereunder and is deemed to include any successor or amended version of the referenced statute or regulatory provision.
(A) "Accrediting body" means a nonprofit organization that requires conformation to ISO/IEC 17025 requirements and is a signatory to the International Laboratory Accreditation Cooperative Mutual Recognition Arrangement for Testing. (B) "Applicant" for purposes of this ordinance means an Owner applying for or renewing a localCommercial Cannabis Permit.
(C) "Branded merchandise" means clothing, hats, pencils, pens, keychains, mugs, water bottles, beverage glasses, notepads, lanyards, cannabis accessories, or other types of merchandise approved by the Bureau with the name or logo of a commercial cannabis business licensed pursuant to the Act. Brandedmerchandise does not include items containing cannabis or any items that are considered food as defined by Health and Safety Code section 109935. (D) "Cannabis" means all parts of the Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from marijuana. "Cannabis" also means marijuana as defined by Section 11018 of the California Health and Safety Code as enacted by Chapter 1407 of the Statues of 1972. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacturing, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is Ordinance No. 22-05 Page 4
incapable of germination. For the purpose of this Chapter, "Cannabis" does not mean industrial hemp as that term is defined in Section 11018.5 of the California Health and Safety Code. (E) "Cannabis accessories" as defined in Health and Safety Code section 11018.2. means any equipment, products or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing-compounding, converting, producing, processing, preparing, testing, analyzing, packaging-repackaging,storing, smoking, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing cannabis or cannabis products into the human body.
(F) "Cannabis concentrate" means manufactured cannabis that has undergone a process to concentrate the cannabinoid active ingredient, thereby increasing the product's potency. An edible cannabis product is not considered food, as defined by Section 109935 of the California Health and Safety Code, or a drug, as defined by Section 109925 of the California Health and Safety Code.
(G) “Cannabis Consumption Business Permit” means an annual permit issued by the City of Grover Beach to a Permittee, based on the number of allowed City of Grover Beach licensed retailers as set by the City Council, allowing for the consumption of cannabis and cannabis products in a designated consumption area located on a state and locally licensed type 10 (Retail) or type 12 (Microbusiness) permits. (H) Cannabis Product" as used in this Chapter means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, edible, topical or other product containing cannabis or concentrate cannabis and other ingredients. (I) "Certificate of Accreditation" means a certificate issued by an accrediting body to a licensed testing laboratory, entity, or site to be registered in the state and permitted by the City. (J) "CommercialCannabis Activity" or "Commercial Cannabis Use" includes cultivation, nursery, possession, manufacture (Level one and two), processing, storing, laboratory testing, labeling, retailers andmicrobusinesses including wholesale and retail sale of cannabis or a cannabis product or an ancillary consumption area located on a retail or microbusiness premise distribution, transportation and approved licenses enumerated and defined within Division 10. Chapter 1 (commencing with Section 26000) of the California Business and Professions Code, and ultimately issued a "A-Type" or "M-Type" license consistent with Section 26050 (b) of the California Business and Professions Code, as amended. (K) Commercial Cannabis Business" means any business or operation which engages in Commercial Cannabis Activity.
(L) "Commercial Cannabis Permit or Permit" means a permit issued by the City of Grover Beachpursuant to this Chapter to a Commercial Cannabis Business that authorizes a Person to conduct Commercial Cannabis Activity within the City.
(M) Cannabis Consumption Permit” means a Cannabis Consumption Business Permit or a Cannabis Consumption Special Event Permit.
(N) Cannabis Consumption Special Event Permit” means a permit issued by the City Manager to a Permittee or entity allowing for the consumption of cannabis or cannabis products during a Special Event, as defined in Article III of the Grover Beach Municipal Code, or during any event in which a Designated Cannabis Consumption Area may be temporarily located on private property.
(O) “Consuming” or “Consumption” means smoking, vaping, eating, drinking, chewing, applying topically or otherwise ingesting.
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(P) "Cultivation" means any activity involving the propagation, planting, growing, harvesting, drying, curing, grading, or trimming of cannabis. (Q) "Cultivation site" means a facility where cannabis is propagated, planted, grown, harvested, dried, cured, graded, or trimmed, or that does all or any combination of those activities, that holds a validstate license pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA).
(R) Customer” has the meaning set forth in Section 26001 of the California Business and Professions Code, as may be amended from time to time. (S) "Delivery" means the commercial transfer of cannabis or cannabis products to a customer. "Delivery" also includes the use by a retailer of any technology platform owned and controlled by the retailer.
(T) “Designated Cannabis Consumption Area” means a designated area on the premises of a Cannabis retailer or microbusiness where customers may smoke or consume cannabis.
(U) “Designated Cannabis Consumption Area Ventilation System” means a ventilation system capable of removing all detectable odors, smoke and by-products of combustion.
(V) Dispensing" means any activity involving the retail sale of cannabis or cannabis products from a licensed retailer (State license Type 10) or a microbusiness with a retail use. (State license type 12).
(W) "Distribution" means the procurement, sale, and transport of cannabis or cannabis products between entities licensed pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act or as amended.
(X) "Distributor" means a Person licensed under the Medicinal and Adult-Use Cannabis Regulation and Safety Act to engage in the business of purchasing cannabis from a licensed cultivator, or cannabis products from a licensed manufacturer, for sale to a licensed retailer or microbusiness.
(Y) "Dried flower" means all dead cannabis that has been harvested, dried, cured, or otherwise processed, excluding leaves and stems.
(Z) "Edible cannabis product" means manufactured cannabis that is intended to be used, in whole or in part, for human consumption. An edible cannabis product is not considered food as defined by Section 109935 of the California Health and Safety Code or a drug as defined by Section 109925 of the CaliforniaHealth and Safety Code. (AA) Firearm” means any device as defined in California Penal Code 16520, as may be amended from time to time.
(BB) Good Cause" for purposes of refusing or denying an initial application for a Commercial Cannabis Permit, for suspending or revoking a Commercial Cannabis Permit, or for refusing or denying renewal or reinstatement of a Permit, or for Rating Applicants for purposes of issuance of a Permit means:
(1) The Applicant has violated any of the terms, conditions or provisions of this Chapter, of State Law, or any regulations and rules established pursuant to State Law, any applicable rules and regulations, or any special terms or conditions placed upon its Use Permit, State License or Local Permit; (2) Failure to provide information required by the City of Grover Beach; (3) The Permitted Premises have been operated in a manner that adversely affects Ordinance No. 22-05 Page 6
the public health, safety or welfare or the safety of the immediate neighborhood in which the establishment islocated;
(4) The Applicant has knowingly made false or misleading statements, misrepresentations or material omissions as part of an interview process, on an application form to request issuance of a Permit or renewal form, or any other document submitted to the City;
(5) The Commercial Cannabis Business is not created, organized or operated in strict compliance with all applicable laws and regulations; (6) The Applicant fails to meet the requirements of this Chapter, or the conditions of the Use Permit;
(7) The operation of the proposed Commercial Cannabis Business at the proposed location is prohibited by a state or local law or regulation; (8) The City Manager Council has found consistent with Section 4000.160 that the Applicant's criminal history reflects a conviction of an offense that is substantially related to the qualifications, functions or duties of the business or profession for which the application is made and has found the Applicant is not suitable for issuance of a Permit;
(9) The Applicant was found to have a felony or misdemeanor conviction involving fraud, deceit, embezzlement, dishonesty, violent behavior, moral turpitude or has committed crimes serving as a basis for denial of a Permit consistent with Section 4000.160. A conviction within the meaning of this section means a plea or a guilty verdict, a conviction or diversion following a plea of nolo contendere or a conviction later expunged by the court; (10) The Applicant was found to have a felony or misdemeanor conviction for hiring, employing, or using a minor in transportation, carrying, selling, giving away, preparing for sale, or peddling, any controlled substance to a minor; or selling, offering to sell, furnishing, offering to furnish, administering, or giving any controlled substance to a minor.
(11) The Applicant was found to have a felony or misdemeanor conviction for drug trafficking with enhancements pursuant to Section 11370.4 or 11379.8 of the Health and Safety code.
(12) The Applicant is employing or being financed in whole or in part by any Person whose criminal history indicates that Person would not be issued a Permit consistent with Section 4000.160 of this Chapter; (13) The Applicant or their employees fail to allow inspection of the business facilities, security recordings, activity logs, or business records of the Permitted Premise by City Officials;
(14) The Applicant's business is owned by, or has an officer or director who is a licensed physician making recommendations for Medical Cannabis; (15) The Applicant has had a local Permit or State Cannabis License revoked or has had more than one suspension on its local Permit by the City; or (16) The Applicant operated or is operating a Commercial Cannabis Business in violation of Section 4000.40 of this Chapter;
(17) The Applicant or the operator listed in the application is less than twenty-one (21) years of age.
(CC) Hoop House” means the use of a structure with structural members that are made of flexible and somewhat rigid construction materials, typically PVC pipe or similar material. The ends may be covered or left open and the material covering the structural Ordinance No. 22-05 Page 7
members is readily removable and is typically removed and re-affixed frequently. (DD) "Greenhouse" means a structure with walls and roof made primarily of transparent material,suchas glass, in which plants requiring regulated climatic conditions are grown. (EE) “Infuse” means a process by which cannabis, cannabinoids, or cannabis concentrates are directly incorporated into a consumable product or incorporated into a product formulation to produce a cannabis product.
(FF) “Intoxicated” means someone who under the influence of alcohol or drug(s) as defined in California Penal Code Section 647(f) and as amended from time to time. (GG) License" means the issuing of a license by the State of California, or one of its departments or divisions, under the Medicinal and Adult-Use Cannabis Regulation and Safety Act to engage in Commercial Cannabis Activity.
(HH) "Live plants" means living cannabis flowers and plants, including seeds, sprouts, immature plants (including unrooted clones), and vegetative stage plants. (II) "Manufacturer" means a Person that conducts the production, preparation, propagation, or compounding of manufactured cannabis, as defined in this section, or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis at a fixed locationthat packages or repackages cannabis or cannabis products or labels or relabels its container, that holds a valid state license pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act.
(JJ) "Manufactured cannabis" means raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate or manufactured product intended for internal consumption or topical application. (KK) "Manufacturing site" means a location that produces, prepares, propagates, or compounds cannabis or cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and is owned and operated by a Person issued a license by the State of California, or one of its departments or divisions, for these activities. (LL) "Medical cannabis", "medical cannabis product," or "cannabis product" means a product containing cannabis, including, but not limited to, concentrates and extractions, intended to be sold for use by medical cannabis patients in California pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the California Health and Safety Code (as the same may be amended from time-to-time). For purposes of this Chapter, "medical cannabis" does not include industrial hemp as defined by Section 81000 of the California Food and Agricultural Code or Section 11018.5 of the California Health and Safety Code. (MM) "Microbusiness" (State license Type 12) shall mean a use for the cultivation of cannabis on anarea less than 10,000 square feet and to act as a licensed distributor, Level 1 manufacturer, and retailer under state and local law, or any combination of at least three (3) uses listed herein provided such licenseecan demonstrate compliance with all requirements imposed by the Medicinal and Adult-Use Cannabis Regulation and Safety Act on licensed cultivators, distributors Level 1 manufacturers. and retailers to the extent the licensee engages in such activities. A consumption area may be permitted as an ancillary use to retailer in connection to the microbusiness, on the same premise.
(NN) "Mixed-Light Building" shall mean the cultivation of cannabis using light deprivation and/or artificial lighting below a rate of 25 watts per square foot. (OO) "Moral Turpitude," crimes are defined as acts of baseness, vileness or depravity in Ordinance No. 22-05 Page 8
the private and social duties, they are contrary to the accepted and customary rule of moral, right and duty between people. Crimes involving moral turpitude require the criminal intent of the offender to cause great bodily injury, defraud, deceive, deprive an owner of property, or to act in a lewd manner or with recklessness.
(PP) "Nursery" means a licensee that produces only clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of cannabis.
(QQ) "Owner" means any of the following:
(1) Owner or owners of a proposed facility, includes all Persons or entities having ownership interest of 5 percent or more, other than a security interest, lien, or encumbrance on property that will be used by the facility. (2) If the owner is an entity, "owner" includes within the entity each Person participating in the direction, control, or management of, or having a financial interest in the proposed facility.
(3) If the applicant is a publicly traded company, "owner" means the chief executive officer or any Person or entity with an aggregate ownership interest of 5 percent or more.
(4) Owner will also include any consultants, agents, or contractors hired for the purpose of assisting in the preparation and submittal of an application for a Commercial Cannabis Permit or in the operations and management of a Commercial Cannabis Business.
(RR) "Person" means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit and includes the plural as well as the singular number.
(SS) Permittee” means any person or business to whom a Cannabis Regulatory Permit is issued under this article and any authorized agent, employee or designee of such person or business.
(TT) “Premises” has the meaning set forth in Section 26001 of the California Business and Professions Code, as may be amended from time to time. (UU) “Preparing” or “Preparation” means the heating, re-heating, or serving of cannabis products.
(VV) "Promotional materials" means any form, letter, circular, pamphlet, publication, or other written material directed to a customer or prospective customer to induce retail sales.
Promotional material does not include permitted signs, displays, decorations, cannabis accessories, or cannabis goods furnished by a licensed cultivator, licensed manufacturer, licensed distributor, licensed microbusiness, or licensed cannabis event organizer to a retail licensee for advertising purposes. Promotional materials shall have no intrinsic or secondary value.
(WW) "Rating" means a process wherein the City Council considers numerous applications for a Commercial Cannabis Permit that are greater than the number of permits allocated or authorized by ordinance. The City will implement a process as established by Council wherein they rate the applicants based upon information submitted by the applicant, criminal history defined as a component of Good Cause, and oral interviews. Staff will rate the applicants and submit recommendations to Council for consideration. Council may use their sole discretion in using the information submitted by staff or other factors in considering issuance of permits when Ordinance No. 22-05 Page 9
the applications are greater in number than the number of allowable permits by ordinance.
Wherein a total number of Commercial Cannabis Permits are established by ordinance, nothing in this section nor in Section 4.10.045 of the Grover Beach Municipal Code obligates the Council to issue the total number of authorized permits. Council at their discretion may issue any number of permits up to the maximum number of permits authorized by ordinance. (XX) "Retailer" (State license Type 10) means a use for the retail sale and delivery of cannabis or cannabis products to customers. This use is for operations within a fixed location and may consist of a facility open to the general public or may be for delivery only with a facility. A consumption area may be permitted as an ancillary use in connection with the retailer, on the same premise.
(YY) “Self-Service Display” means the open display or storage of cannabis or cannabis products or accessories in a manner that is accessible to customers other than with the assistance of the Cannabis retailer or an employee of the Cannabis retailer. A vending machine, refrigerator and storage cabinet are forms of Self-Service Displays. (ZZ) “Sell”, “Sale” and “to sell” have the meaning set forth in Section 26001 of the California Business and Professions Code, as may be amended from time to time. (AAA) “Smoke” or “Smoking” has the meaning set forth in Section 11362.3 of the California Health and Safety Code, as may be amended from time to time. (BBB) "Stacking" means the practice of growing marijuana plants on platforms or tables and stacking them in multiple layers on top of each other.
(BBB) "State License" or "license" means a state license issued pursuant to the Medicinal and Adult- Use Cannabis Regulation and Safety Act.
(CCC) "Testing Laboratory" means a facility, entity, or site in the state that offers or performs tests of cannabis or cannabis products and that is both of the following:
(1) Holds a valid Certificate of Accreditation by an Accrediting Body that is independent from all other Persons involved in the cannabis industry in the state.
(2) Registered with the State Department of Public Health. (DDD) "Topical cannabis" means a product intended for external use. A topical cannabis product is not considered a drug as defined by Section 109925 of the California Health and Safety Code.
(EEE) "Transport" means the transfer of cannabis or cannabis products from the permitted business location of one licensee to the permitted business location of another licensee, for the purposes of conducting Commercial Cannabis Activity authorized by the Medicinal and AdultUse Cannabis Regulation and Safety Act. (FFF) "Transporter" means a Person issued a state license by the State of California, or one of its departments or divisions, to transport cannabis or cannabis products in an amount above a threshold determined by the State of California, or one of its departments or divisions, that have been issued a State license pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act. (Ord. 17-06; Am. Ord. 17-10; Am. Ord. 18-03; Am. Ord. 18-05; Am. Ord. 19-06) PART 2. Section 4000.30 of Chapter 18, Article III of the Grover Beach Municipal Code, Commercial Cannabis Uses, is hereby amended as follows:
Section 4000.30. Cannabis Activity prohibited in any zone other than authorized in Chapter 4 of ArticleIX of the Grover Beach Municipal Code and personal possession and cultivation.
Ordinance No. 22-05 Page 10
(A) Notwithstanding anything to the contrary contained in the Grover Beach City Municipal Code, Commercial Cannabis Activity shall not be a permitted use in any zone of the city other than authorized in Chapter 4 of Article IX of the Grover Beach Municipal Code .Further notwithstanding anything contrary contained in the Grover Beach Municipal Code, a violation of this Chapter and/or any provision thereof shall not be subjectto criminal penalties but may only be enforced by civil and or administrative proceedings. (B) Notwithstanding subsection (a) above, this section shall not be intended to preclude or limit personal possession or use of six living marijuana plants and possession of the marijuana produced by the plants consistent with paragraph (3) of subdivision (a) of Health and Safety Code Section 11362.1. Moreover, in accordance with Health and Safety Code section 11362.2, not more than six living plants may be planted, cultivated, harvested, dried, or processed within a single private residence, or upon the grounds of that private residence, at one time. The limitation of six living plants per residence is a maximum number of plants allowed at any residence no matter how many Persons reside within that residence. No person owning, leasing, occupying or having charge or possession of any premises within a residential zone or used for residential purposes shall cause, allow or permit the indoor cultivation for personal use of cannabis on the premises, unless it is conducted in accordance with the following provisions:
(1) All cultivation of cannabis must take place within a single room of a residential structure or within a detached accessory building wherein the City has issued a building permit for construction of the building. No cultivation of cannabis shall be allowed within a garage of a residential structure, or within hoop houses constructed on a property.
(2) Indoor grow lighting system must not exceed 3,800 watts; be shielded to confine light and glare to the interior of the structure; and complies with the City's Building and Fire Code.
(3) Odors shall not be detectable from adjacent properties, residences, or public rights-of- way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, patios, balconies, or any other areas available for use by common tenants, or the visiting public, or within any other residential unit.
(4) Cannabis cultivation must be concealed from public view at all stages of growth and there shall be no exterior evidence of cultivation occurring at the premises from a public right-of-way or from an adjacent parcel. (5) The cannabis cultivation must not create offensive odors; create excessive dust, heat, noise, smoke, traffic, or other impacts that are disturbing to people of normal sensitivity residing or present on adjacent or nearby property or areas open to the public; or be hazardous due to the use or storage of materials, processes, products or wastes.
(6) Cannabis cultivation areas, inside a residence, must be kept locked when not occupied.
PART 3. Subsection (A) of Section 4000.40 of Chapter 18, Article III, of the Grover Beach Municipal Code, Commercial Cannabis Uses, is hereby amended as follows:
Section 4000.40. Licenses and Permits.
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(A) In addition to the requirements which may be imposed pursuant to this Chapter, no Person shall engage in Commercial Cannabis Activity or open or operate a Commercial Cannabis Business without possessing both a Commercial Cannabis Permit issued by the City Manager and a license issued by the State of California or one of its departments or divisions. Commercial Cannabis Activity shall be permitted in the City of Grover Beach only as expressly provided in this Chapter and Article IX and if not expressly permitted by this Chapter and Article IX shall be prohibited.
(1) An application for a Commercial Cannabis Business permit shall be consistent with this chapter, section and regulations adopted by Council. (2) A Commercial Cannabis Permit shall be issued pursuant to this Chapter upon issuance of final building Certificate of Occupancy.
Permittee shall be responsible for the prorated portion of fees owed consistent with the Master Fee Schedule within 30 days of issuance of final building occupancy.
(3) Commercial Cannabis Permits shall expire July 1 of each calendar year, unless otherwise defined on the permit.
a. Existing permittees with valid permits expiring after July 1, 2022, shall pay prorated fees owed, consistent with the Master Fee Schedule at the time of permittee’s renewal date. Permit shall be valid from the date of renewal to July 1, 2023. (4) In the event of an application for renewal of a Commercial Cannabis Permit, it shall be filed prior to the expiration date of the permit with the City Manager or their designee. The permit's term will be extended until such time the City takes action.
(5) An application for renewal of a Commercial Cannabis Permit shall be rejected if any of the following exists:
a. The Commercial Cannabis Permit is suspended or revoked at the time of the application.
b. The City Manager based on substantial evidence, finds Good Cause to reject the permit. as defined with the application process resolution approved by Council.
c. Any other Commercial Cannabis Permit held by the applicant is suspended or revoked at the time of the application for the subject Permit being considered by the City.
d. The Commercial Cannabis Business has not been in regular and continuous operation in the four (4) months prior to the renewal application being received by the City.
e. The Commercial Cannabis Business fails to conform to the requirements of this Chapter, any regulations adopted pursuant to this Chapter or the conditions imposed as part of any Use Permit or zoning requirements.
f. The permittee fails to renew its State of California license or the state license has been revoked or suspended.
(6) If a renewal application is rejected for reasons other than Good Cause, a Person may file a new application pursuant to this Chapter. (7) Prior to commencing operation, a Commercial Cannabis Business shall be Ordinance No. 22-05 Page 12
subject to a mandatory building inspection and must obtain all required permits or approvals which would otherwise be required including, but not limited to, a Commercial Cannabis Permit, building permit(s), and a valid Use Permit, required by the Grover Beach Municipal Code. (8) Revocation, termination, non-issuance or suspension of a license issued by the State of California, or any of its departments or divisions, shall immediately terminate the ability of a Cannabis Business to operate within the City of Grover Beach until the State of California, or its respective department or division, reinstates or issues the State license. (9) Any Person prior to possessing, planting, cultivating, harvesting, drying or processing marijuana plants or possessing the marijuana produced from those plants consistent with paragraph (3) of subdivision of Health and Safety Code Section 11362.1, shall contact the City of Grover Beach Police Department and Register consistent with the procedures established by the Department. There shall be a processing fee as established in the City of Grover Beach's Master Fee Schedule. (Ord. 17-06; Am. Ord. 18-03; Am.
Ord. 18-05; Am. Ord. 19-06)
PART 4. Section 4000.50 of Chapter 18, Article III, of the Grover Beach Municipal Code, Commercial Cannabis Uses, is hereby amended as follows:
Section 4000.50. Security Measures. The City Chief of Police or their designee is authorized to establishall regulations necessary to implement the requirements and fulfill the policies of this Chapter related toCommercial Cannabis Businesses including, but not limited to, the following subjects:
(A) A permitted Commercial Cannabis Business shall implement security measures to both deter and to prevent unauthorized entrance into areas containing cannabis or cannabis products and theft of cannabis or cannabis products at the Commercial Cannabis Business.
Except as may otherwise be determined by the City Manager or their designee, these security measures shall include, but shall not be limited to, all of the following:
(1) All public access to the facility must be through a secured single point of entry.
Entry into a facility with a M-Type State license from the outside must be completed through a secured vestibule area that is designed to allow for identification confirmation prior to entry into the main lobby area. (2) Preventing Persons from remaining on the premises of the Commercial Cannabis Business if they are not engaging in the activity expressly related to the operations of the Commercial Cannabis Business.
(3) Establishing limited access areas accessible only to authorized Commercial Cannabis Business personnel.
(4) Except for live growing plants which are being cultivated at a cultivation facility, all cannabis and cannabis products shall be stored in a secured and locked room, safe, or vault, except for limited amounts of cannabis used for display purposes or immediate sale at a retailer or microbusiness with a retail use. All cannabis and cannabis products, including live plants which are being cultivated, shall be kept in a manner as to prevent diversion, theft, and loss.
(5) Self-Service Displays of cannabis, products containing cannabis and Ordinance No. 22-05 Page 13
cannabis infused food or drink are not allowed in any retail or consumption areas. Samples of cannabis or cannabis products may be made available to the customer by an employee of the cannabis retailer.
(6) Installing 24-hour security surveillance cameras of at High Definition (720P or greater) least HD-quality to monitor all entrances and exits to and from a secure area and to monitor all interior spaces within the Commercial Cannabis Business which are open and accessible to the public. The securitysurveillance camerasshall be remotely accessible to the Grover Beach Police Department and shall be compatible with the Grover BeachPolice Department's software and hardware and remote real-time, live access to the video footage from the cameras shall be provided to the Grover Beach Police Department. Video recordings shall be maintained by the business for a minimum of ninety (90) days. (7) Sensors shall be installed to detect entry and exit from all secure areas. (8) Panic buttons shall be installed in all Commercial Cannabis Businesses. (9) Having a professionally installed, maintained, and monitored alarm system. (10) Any bars installed on the windows or the doors of the Commercial Cannabis Business shall be installed on the interior or exterior of the building if allowed by the California Building Code and consistent with approved use permit. (11) All Security personnel, whether employed by the Commercial Cannabis Business or contracted by the Commercial Cannabis Business, shall be subject to the prior review and approval of the Chief of Police or their designee. (12) Firearms Not Allowed. Firearms are prohibited on the premises of all cannabis facilities. This provision does not apply to on-duty peace officers engaged in official duty. Armed security officers will only be permitted with the expressed written permission of the Chief of Police. (13) Each Commercial Cannabis Business shall have the capability to remain secure and operational during a power outage and shall ensure that all access doors are not solely controlled by an electronic access panel to ensure that locks are not released during a power outage.
(14) All deliveries of cannabis products shall be made within a secured area as required in Article IX Section 4.10.045. an enclosed area not open to the public. (B) Each Commercial Cannabis Business shall identify a liaison to the Grover Beach Police Department who shall be reasonably available to meet with the Chief of Police or their designees regarding security measures and operational issues. (C) As part of the application and permitting process, each Commercial Cannabis Business shall have a transportation plan describing the procedures for safely and securely transporting cannabis and cannabis products and currency. (D) A Commercial Cannabis Business shall notify the Chief of Police or their designee within twenty-four (24) hours after discovering any of the following:
(1) Significant discrepancies identified during inventory. The level of significance shall be determined by the regulations established by the Chief of Police or their designee.
(2) Diversion, theft, loss, or any criminal activity or attempted criminal activity involving the Commercial Cannabis Business or any agent or employee of the Commercial Cannabis Business.
(3) The loss or unauthorized alteration of records related to cannabis, or employees Ordinance No. 22-05 Page 14
or agents of the Commercial Cannabis Business.
(4) Any other breach of security.
PART 5. Section 4000.51 of Chapter 18, Article III, of the Grover Beach Municipal Code, Commercial Cannabis Uses, is added as follows:
Section 4000.51. Cannabis Consumption Area. The following establishes operating standards for on premise consumption areas.
(A) No Permittee shall allow the on-site consumption of cannabis or cannabis products in a manner inconsistent with this Chapter, any permit condition(s) imposed by the City, or inconsistent with any rules, regulations, or guidelines promulgated by the Chief of Police or their designee.
(B) Building permits shall be required for any interior or exterior modifications to existing buildings. At the time of building permit submittal, an updated security plan shall be required consistent with Section 4000.50. A certificate of occupancy and amended Commercial Cannabis Permit shall be issued prior to operation of a consumption area. (C) Consumption areas may be located inside an existing building or located outside in compliance with Subsection 4000.52(A)(5) and California Business and Professions Code Section 26200 (g) as amended.
(D) Use of or consumption of cannabis or cannabis products brought into the Designated Cannabis Consumption Area that are not purchased from the retailer or microbusiness located on the premises is prohibited. The Permittee must ensure that a customer does not bring cannabis or cannabis products onto the premises that have not been purchased from the retail or consumption establishment. (E) Permittees may establish a membership program that allows a customer to utilize a storage locker/humidor inside the Designated Cannabis Consumption Area to store cannabis and cannabis products on-site as long as the products were purchased from the Permittee’s retail or microbusiness facility and were not previously removed from the premises. Each locker/humidor shall only be used to store cannabis and cannabis products for one customer at a time. The locker/humidor must be secured to prevent access by anyone else, other than business management, when not in use by the member. (F) The Designated Cannabis Consumption Area shall be separate from, but reside within or be connected to the existing permitted cannabis retailer or microbusiness. (G) The Designated Cannabis Consumption Area shall not be directly accessible from the primary outside entrance to the cannabis retailer or microbusiness and may not be visible from the from any public area or non-age restricted area. The only entrance to the Designated Cannabis Consumption Area must be from within the retail establishment.
The exit from the consumption area must meet the same requirements as the exit from the retail establishment.
(H) Required Signage. Permittee is required to post the following signage:
(1) Identification of the Designated Cannabis Consumption Area shall consist of signage that is posted outside the designated consumption room entrance(s) and is at a minimum of 12” x 12” with a minimum lettering of 1” in height and states “Consumption Area – No One Under 21 Years of Age Allowed.
(2) “We reserve the right to refuse entry or service for reasons including Ordinance No. 22-05 Page 15
visible intoxication”.
(3) “It is against the law to drive while impaired”.
(4) “No Alcohol, Tobacco or Employee Consumption Allowed”. (5) Emergency Incident/Entry - All customers must cease cannabis consumption until emergency personnel have completed their services and left the cannabis business premises”.
(6) Permittee shall post signage of the phone numbers for local taxicab companies, ride share companies or other public transportation options for the consumers use.
(7) Additional signage as deemed necessary by the City of Grover Beach may be required.
(I) Any employee or agent of the City of Grover Beach, Five Cities Fire Authority, San Luis Obispo County Public Health Agency, or the Department of Cannabis Control may enter and inspect the premises of a permittee during business hours and without notice.
(J) Permittee shall not authorize or allow the on-site sale, possession or consumption of alcoholic beverages or tobacco products on the premises. (K) No Permittee shall authorize or allow the on-site consumption of cannabis or cannabis products outside of normal business operating hours, as such hours may be established by law, regulation or required as a condition of the permit. (L) No Permittee shall consume cannabis or cannabis products while on duty or while working on the premises.
(M) The Designated Cannabis Consumption Area will close to new consumers one hour prior to the close of the retail business. Consumption of cannabis and cannabis products on premises will cease 30 minutes prior to the close of the retail business. (N) Permittees shall post one or more notices of sufficient size, lettering and prominence to advise customers that the consumption of cannabis products outside of the designated cannabis consumption area is prohibited.
(O) Access to the area where the consumption of cannabis products is allowed shall be restricted to persons 21 years of age or older. (P) Cannabis consumption shall not be visible from any public place, city right of way or any nonage-restricted area on or near the premises. (Q) Permittees shall package and seal a customer’s unused cannabis or cannabis products in accordance with Section 4000.190 of this Chapter prior to the customer leaving the Designated Cannabis Consumption Area.
(R) Permittees shall attempt to make arrangements or partnerships with ridesharing services or other forms of public/private transportation to help impaired or intoxicated customers find safe transportation when needed. (S) A Permittee shall comply with laws governing cannabis businesses and retail food establishments, including but not limited to, the California Retail Food Code. (T) A Permittee with a Cannabis Consumption Permit may not require employees to enter the Designated Cannabis Smoking Room as a condition of their employment. A Permittee shall ensure that all Designated Cannabis Consumption Area employees are properly trained in the consumption area operations, policies and procedures and can identify impairment in consumers or when a customer is consuming Ordinance No. 22-05 Page 16
too much cannabis and may become impaired.
(U) The Chief of Police or their designee may immediately suspend a Permittee’s permit to operate a Designated Cannabis Consumption Area for any violations of this Article, local regulations, Department of Cannabis Control Regulations or state laws. If a suspension is issued, the Permittee may request a meeting to take place with the Chief of Police or their designee within 10 calendar days to review the reasons for the suspension and the steps for corrective action. If the Permittee is unable to obtain a mutually agreeable determination of corrective actions with the Chief of Police, and the permit remains suspended, the Permittee may file an appeal of the permit suspension with the City Manager consistent with the procedural process for conducting appeals contained within Sections 1408 through 1413 of this Chapter 4 of Article I of the Grover Beach Municipal Code.
PART 6. Section 4000.52 of Chapter 18, Article III, of the Grover Beach Municipal Code, Commercial Cannabis Uses, is added as follows:
Section 4000.52. Cannabis Consumption Building and Construction Standards. The following establishes ventilation standards for areas of a retailer or microbusiness that contains a designated consumption area.
(A) The Designated Cannabis Consumption Area that permits smoking of cannabis must meet the following ventilation standards:
(1) The Designated Cannabis Consumption Area must have a separate heating, ventilation and air-conditioning (HVAC) system such that none of the air in the Designated Cannabis Consumption Area will be recirculated into other parts of the cannabis business premises.
(2) The air from the Designated Cannabis Consumption Area must be directly exhausted to the outdoors by a filtration system that, at a minimum, eliminates all odors and smoke.
(3) Smoke from the Designated Cannabis Consumption Area must not drift to other portions of the cannabis business premises.
(4) The Designated Cannabis Consumption Area must be completely separated from the remainder of the cannabis business premises by solid partitions or glazing without openings other than doors, and all doors leading to the Designated Cannabis Consumption Area must be self-closing. All doors must be installed with a gasket to provide a seal where the door meets the stop and the room shall remain under negative pressure in relation to the other spaces of the cannabis business premises.
(5) Cannabis consumption areas that are located outside shall meet the following performance standards:
i. An odor absorbing ventilation and exhaust system shall be installed so that any odor, vapor, or smoke generated from the outdoor consumption area is not detected outside the property or lease area boundaries, or anywhere on adjacent property or public rights-ofway, or within any other unit located within the same building as the cannabis use.
ii. Designated Cannabis Consumption Area shall not be visible from any Ordinance No. 22-05 Page 17
public place or non-age restricted area.
(6) The Designated Cannabis Consumption Area must meet health and safety standards as approved by the Chief of Police.
PART 7. Section 4000.53 of Chapter 18, Article III, of the Grover Beach Municipal Code, Commercial Cannabis Uses, is added as follows:
Section 4000.53. Temporary Cannabis Special Event Permit Requirements. (A) A permit for a temporary Cannabis Special Event, or Temporary Cannabis Consumption Special Event may be issued by the City Manager to a Permittee or entity allowing for the sale of cannabis, consumption of cannabis products, or a combination of both during a Special Event, as defined in Article III of the Grover Beach Municipal Code.
A designated cannabis consumption area during a special event, may be temporarily located on private property.
(B) A Cannabis Special Event Permit shall only be issued for a single day or up to two consecutive days. A Permittee or entity shall only be issued a Cannabis Special Event Permit for up to four days annually.
(C) A Cannabis Special Event shall not be hosted on the property of the City or City Right of Way; any school, child-care establishment, alcohol or drug treatment facility, any cannabis business that is not a licensed retail or microbusiness by the City of Grover Beach, or any location that is situated in a residential zone as defined in Article IX Development Code
(D) Permittee or entity desiring to host a Cannabis Special Event must be a California Department of Cannabis Control licensed cannabis event organizer (E) An application for a Cannabis Special Event Permit must be received by the Chief of Police no less than 90 days prior to the first scheduled day of the temporary cannabis event.
(F) The Chief of Police or their designee shall have full discretion and responsibility for directing the Permittee, entity or event organizers on the establishment of security measures and practices to ensure public safety. (G) All Security Officers assigned to work at the Cannabis Consumption Special Event must be a California State licensed security officer and be in possession of a guard card issued by the California Bureau of Security and Investigative Services (BSIS). (H) Any odor, vapor, or smoke generated from on-site consumption shall not be detected outside the property or lease area boundaries, or on adjacent property or public rights-of-way. A site plan shall be provided at the time of permit application designating areas for on-site consumption which shall be within a building or a fully enclosed temporary structure equipped with a ventilation system that shall prevent odors from being detected off premise.
(I) An event Security Plan shall be included in the application for a Cannabis Consumption Special Event. The Security Plan shall minimally include, (1) Contact information for the Security Team Leaders
(2) Emergency contact information for the event organizer (3) Emergency contact information for every vendor at the event (4) A site plan that identifies all ingress/egress locations, secured storage areas, Ordinance No. 22-05 Page 18
medical areas, Incident Command Management area
(5) The Security Plan shall be reviewed and approved by the Chief of Police or their designee a minimum of ten (10) days prior to the start of the event. Any changes to the plan shall be coordinated with the Grover Beach Police Department.
(6) The Chief of Police or their designee may require implementation of additional security measures based on the special event characteristics. (J) The Fire Chief or their designee shall have full discretion and responsibility for directing the Permittee, entity or event organizers on the establishment of any health or medical responsibilities and practices for the event. (K) A Permittee, entity or event organizer shall comply with all regulations of the Grover Beach Municipal Code, State laws and Department of Cannabis Control Regulations.
(L) The Chief of Police, Fire Chief or their designees shall have the ability to revoke a Cannabis Consumption Special Event Permit when in their opinion the event presents a nuisance or danger to public safety and well-being, or is in violation of this ordinance or any permit conditions.
(M) Only persons, aged 21 or older, with valid identification, may attend a Cannabis Special Event. A licensed cannabis event organizer shall maintain a clearly legible sign not less than 12” x 12” in size, reading “No Persons Under 21 Allowed” at each public entrance to any area where the sale or consumption of cannabis or cannabis products is allowed.
(N) The Permittee, entity or event organizer shall ensure that cannabis consumption is not visible from any off-site location or non-age restricted area. (O) Sale, possession or consumption of alcohol or tobacco shall not be allowed on the permitted premises.
(P) The consumption of cannabis or cannabis products brought it from outside the permitted premises and not authorized by the vendors or event organizers is prohibited.
PART 8. Section 4000.70 of Chapter 18, Article III, of the Grover Beach Municipal Code, Commercial Cannabis Uses, is hereby amended as follows:
Section 4000.70. Right to Occupy and to Use Property. As a condition precedent to the City's issuanceof a Commercial Cannabis Permit pursuant to this Chapter, any Person intending to open and to operatea Commercial Cannabis Business shall provide evidence of the legal right to occupy and to use the proposed location. In the event the proposed location is leased from another Person, the applicant for a permit under this Chapter shall provide a signed and notarized statement from the owner of the property to demonstrate the property owner has acknowledged and has consented to the operation of a Commercial Cannabis Business on the property. Evidence of lawful possession consists of properly executed grant deeds, of trust, leases, evidence of ownership of the premises, or other written documents acceptable to the City Manager.
PART 9. Section 4000.160 of Chapter 18, Article III, of the Grover Beach Municipal Code, Commercial Cannabis Uses, is hereby amended as follows:
Ordinance No. 22-05 Page 19
Section 4000.160. Commercial Cannabis Permit Application Procedures and Application Requirements. Permittee Selection Process; Criteria for Review; Renewal, Suspension, or Revocation of a Permit: In addition to those requirementsset forth in this section and elsewhere in this Chapter, the City Council may shall by resolution or ordinance adopt such forms, fees, and procedures as are necessary to implement this Chapter with respect to the initial selection, future selection, investigation process, renewal, rating of applicants, revocation, and suspension of Commercial Cannabis Permits.
(A) For purposes of Suspension of Revocation, the Chief of Police may suspend or revoke a Commercial Cannabis Permit for Good Cause consistent with the provisions of this Chapter 18, In the event a Commercial Cannabis Permit is either suspended or revoked, an appeal may be requested consistent with Section 4000.51 of this Chapter. (B) An application for issuance or renewal of a Commercial Cannabis Permit shall contain the following requirements:
(1) The printed full name, signature, date of birth and present address and telephone number of all Persons and entities responsible for the operation of the Commercial Cannabis Business including managers, corporate officers, investors, any Person with an ownership interest, any member of a board of directors, any general or limited partner, and/or any member of a decisionmaking body for the Commercial Cannabis Business. (2) The address to which correspondence from the City of Grover Beach is to be sent.
(3) The names and addresses of all businesses operated by and the employment of the applicant(s) for the five (5) years immediately preceding the date of the application.
(4) Any litigation in which the applicant(s) has been involved within the five (5) years immediately preceding the date of the application and a statement of whether any business currently operated by the applicant(s) or operated by the applicant(s) within the five (5) years immediately preceding the date of the application has been investigated or the permit or license authorizing the operation of such business has been revoked or suspended within the five (5) years immediately preceding the date of the application. (5) The address of any Commercial Cannabis Business currently being operated by the applicant(s), or any of them, or which have been previously operated by them within the last five (5) years.
(6) The names and telephone numbers of the Person(s) to be regularly engaged in the operation of the proposed Commercial Cannabis Business, whether an employee, volunteer or contractor. The application shall also have the names and telephone numbers of those Persons having management and supervisory responsibilities for the proposed Commercial Cannabis Business. (7) Odor control devices and techniques to prevent odors from marijuana from being detectable off-site.
(8) Procedures for identifying, managing, and disposing of contaminated, adulterated, deteriorated or excess cannabis product.
(9) Procedures for inventory control to prevent diversion of cannabis and cannabis product, employee screening, storage of cannabis and cannabis product, Ordinance No. 22-05 Page 20
personnel policies, and record-keeping procedures.
(10) A detail of the procedures to be utilized at the facility including a description of how chemicals and fertilizers will be stored, handled, used and disposed of; manufacturing methods, the transportation process, inventory procedures, and quality control procedures.
(11) A site plan and floor plan of the Commercial Cannabis Business denoting the property lines and the layout of all areas of the Commercial Cannabis Business including storage, cultivation, manufacturing, testing, distributing, reception/waiting, and all ancillary support spaces, and the relationship of the facility to adjacent properties and land uses.
(12) An operations and security plan in conformance with Section 4000.50. (13) Standard operating procedures detailing how operations will comply with state and local regulations, how safety and quality of products will be ensured, record-keeping procedures for financing, testing, and adverse event recording, and product recall procedures.
(14) Proposed hours of operation.
(15) Recycling and Waste disposal information.
(16) Medical recommendation verification and youth access restriction procedures. (17) A statement in writing by the applicant that he or she certifies under penalty of perjury that all the information contained in the application is true and correct.
(18) Detailed description of energy and water usage plan enumerating best practices and leading industry practices in efficient utilization of both resources.
(C) The City Manager may deny an application for the issuance, or renewal of a Commercial Cannabis Permit for Good Cause or if the applicant has been convicted of an offense that is substantially related to the qualifications, functions or duties of the business or profession for which the application is made, except that if the City Manager determines that the applicant is otherwise suitable to be issued a permit and granting the permit would not compromise public safety, the City Manager may conduct a thorough review of the nature of the crime, conviction, circumstances, and evidence of rehabilitation of the applicant, and shall evaluate the suitability of the applicant to be issued a license based on the evidence found through the review. In determining which offenses are substantially related to the qualifications, functions, or duties of the business or profession for which the application is made, the City Manager will include, but not be limited to, the following:
(1) A felony or misdemeanor conviction for the illegal use, possession, distribution, manufacture, transportation, cultivation or similar activity related to a controlled substance as defined in the Federal Controlled Substances Act. (2) A violent felony conviction, as specified in subdivision (c) of Section 667.5 of the Penal Code.
(3) A serious felony conviction, as specified in subdivision (c) of Section 1192.7 of the Penal Code
PART 10. Subsections A through I of Section 4000.200 of Chapter 18, Article III, of the Grover Beach Municipal Code, Commercial Cannabis Uses, is hereby amended as follows:
Ordinance No. 22-05 Page 21
Section 4000.200. Operating Requirements for All Commercial Cannabis Uses. In addition to those operating requirements specifically set forth elsewhere in this Chapter and except as may otherwise be expressly set forth in this Chapter, the following operating requirements shall apply to all Commercial Cannabis Businesses operating in the City of Grover Beach. (A) Restriction on Consumption. Cannabis shall not be consumed on the premises of any Commercial Cannabis Businesses, with the exception of licensed retailer or microbusiness with an approved Cannabis Consumption Area Permit consistent with Section 4000.51. unless medically necessary or elsewhere in the City of Grover Beach other than within private residences.
(B) No cannabis or cannabis products shall be visible from the exterior of the property or building. No outdoor storage of cannabis or cannabis products is permitted at any time. (C) Reporting and Tracking of Product and of Gross Sales. Each Commercial Cannabis Business shall have in place a point-of-sale tracking system to track and to report on all aspects of the CommercialCannabis Business including, but not limited to, such matters as cannabis tracking, inventory data, and gross sales (by weight and by sale) and shall ensure that such information is compatible with the City's record-keeping systems. The system must have the capability to produce historical transactional data forreview by the City of Grover Beach. All information provided to the City pursuant to this subsection shall be confidential and shall not be disclosed, except as may otherwise be required under law. (D) All cannabis and cannabis products sold, distributed or manufactured shall be cultivated, manufactured, and transported by licensed facilities that maintain operations in full conformance with the State and local regulations.
(E) Sale of Cannabis Accessories and Non-Cannabis Goods. In addition to cannabis goods, a licensed retailer may display and sell cannabis accessories and the licensee’s branded merchandise inside their retail space. The licensee may provide promotional materials to customers or prospective customers. The licensee shall not sell branded merchandise until receiving written approval from the Department of Cannabis Control and the City. Other noncannabis goods such as pre-packaged water and food may be sold and served in designated consumption. Areas.
(F) EmergencyContact. EachCommercial Cannabis Business shall provide the CityChief of Police or their designee with the name, telephone number (mobile preferred, if available) of an on-site employee or owner to whom emergency notice can be provided. (G) Signage and Notices.
(1) In addition to the requirements otherwise set forth in this section, business identification signage for a Commercial Cannabis Business shall conform to the requirements of Article IX of the GroverBeach Municipal Code, including, but not limited to, an issuance of a City of Grover Beach sign permit.
(2) No signs placed on the premises of a Commercial Cannabis Business shall obstruct anyentrance or exit to the building or any window. (3) Each entrance to a Commercial Cannabis Business shall be visibly posted with a clearand legible notice indicating that smoking, ingesting, or otherwise consuming cannabis on the premises or in the areas adjacent to the Commercial Cannabis Business is prohibited. (H) Minors. Persons under the age of twenty-one (21) years shall not be allowed on the premises of a Commercial Cannabis Business and shall not be allowed to purchase any Cannabis or Cannabis Concentrate products, except anyone under twenty-one (21) years of age but at least Ordinance No. 22-05 Page 22
eighteen (18) yearsof age or older shall only be allowed within a Commercial Cannabis Business if the business holds a stateissued M-Type license and entry is authorized in accordance with the Medicinal and Adult Use Cannabis Regulation and Safety Act.
It shall be unlawful and a violation of this Chapter for any Person to employ any other Person at a Commercial Cannabis Business who is not at least twenty-one (21) years of age.
The entrance to the Commercial Cannabis Business shall be clearly and legibly posted with a notice thatno Person under the age of twenty-one (21) years of age is permitted to enter upon the premises of the Commercial Cannabis Business unless the Commercial Cannabis Business is a M-Type license issued by the state wherein it shall be posted that no Person under the age of eighteen (18) is permitted to enter upon the premises. Persons 18, but under 21, must be in possession of a valid medical marijuana identificationcard or valid doctor's recommendation. (I) Odor Control. Odor control devices and techniques shall be incorporated in all Commercial Cannabis Businesses and apply to personal growth, cultivation or processing of marijuana, to the extentnecessary, to ensure that odors from marijuana are not detectable offsite.
CommercialCannabisBusinessesshall provide an odor absorbing ventilation and exhaust system so that odor generated inside the Commercial Cannabis Business that is distinctive to its operation is not detected outside of the facility, anywhere on adjacent property or public rightsof-way, on or about the exterior or interior common areawalkways, 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 CommercialCannabis Business.
As such, Commercial Cannabis Businesses must install and maintain the following equipment or any other equipment which the Chief of Police or his designee determines has the same or better effectiveness:
(1) An exhaust air filtration system with odor control that prevents internal odors from being emitted externally;
(2) An air system that creates negative air pressure between the Commercial Cannabis Business's interior and exterior so that the odors generated inside the Commercial Cannabis Business are not detectable on the outside of the Commercial Cannabis Business. (3) Air filtration and odor control systems shall be certified annually by a licensed mechanical engineer as part of the annual Commercial Cannabis Permit renewal.
PART 11. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance or any part thereof is for any reason held to be in violation of the law, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared in violation of the law.
PART. 12. Repeal of Conflicting Ordinances. All ordinances and parts of ordinances in conflict with those sections amended or added herein are hereby repealed.
PART 13. Effective Date. This Ordinance shall become effective at 12:01 a.m. on the thirty first day (31) after the date of its adoption, and within fifteen (15) days after its adoption, it shall be published once, together with the names of the Council Members voting thereon, in a newspaper of general circulation within the City.
Ordinance No. 22-05 Page 23
INTRODUCED at a regular meeting of the City Council held on May 9, 2022 and PASSED, APPROVED, and ADOPTED by the City Council on May 23, 2022 on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
JEFF LEE, MAYOR
Attest:
______________________________
WENDI SIMS, CITY CLERK
Approved as to Form:
_____________________________
DAVID P. HALE, CITY ATTORNEY
** D R A F T **
Agenda Item No. 9
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: May 23, 2022 FROM: Matthew Bronson, City Manager
PREPARED BY: Kristin Eriksson, Deputy City Manager
SUBJECT: Award of FY 2022-23 Community Grants
RECOMMENDATION
Approve the recommended FY 2022-23 Community Grants to provide $89,000 in American Rescue Plan Act (ARPA) funding to community-based organizations to provide services or programs for Grover Beach residents.
BACKGROUND:
In 2021, the City was allocated $3.2 million in one-time ARPA funding over a two-year period. As part of the FY 2021-23 budget adoption on June 14, 2021, Council provided direction to staff to use $100,000 of that funding for nonprofit assistance grants for agencies serving Grover Beach.
On February 15, 2022 the Council approved a Community Grants policy (see Attachment 1) to provide guidance on the award of City discretionary money to be awarded by the City Council in any budget year. The policy establishes eligibility criteria for agencies or organizations and allowable services or programs for community grant funding. The policy also establishes scoring criteria for applications for community grant funding.
Staff used this approved framework to bring these recommendations to the Council to approve the appropriation of funding to eligible nonprofit agencies for the FY 2022-23 program year. The City accepted applications for grants up to $10,000 per organization between April 1 and April 30, 2022. The City received 16 applications from various organizations with a total of $135,000 of requested funding. Staff convened a review panel, including the City Manager, Deputy City Manager and two community stakeholders to score the applications. Four applications were deemed ineligible for funding, as they did not meet eligibility requirements established in the Community Grants policy. Based on the review panel’s combined scores, staff recommends the Council award a total amount of $89,000 in ARPA funding to 11 organizations to serve Grover Beach residents, as shown in the chart below.
Applicant Proposed Program Amount
Requested
Arroyo Grande Community
Hospital
Homeless Patient Services Program –
additional supplies and services
$10,000
Boys and Girls Club San Luis
Obispo
Triple Play Enrichment Program –
expansion of mentoring services for youths
$10,000
CAPSLO The Center for Health & Prevention Clinic –
expansion of capacity for care
$10,000
Exploration Discovery Center Special Saturday events and field trips for school-age children
$10,000
Feeding Neighbors in Need Food bank services $10,000
Staff Report: Approval of Recommended FY 2022-23 Community Grants Page 2 May 23, 2022
Applicant Proposed Program Amount
Requested
Hospice of SLO County In-home Support and Grief Counseling Program – increase awareness and access
in Grover Beach
$10,000
Shower the People Mobile Shower Program expansion $7,500 SLO County YMCA Scholarship Program for out of school
programs
$5,000
SLO Noor Foundation Health
Clinics
Foundation Health Clinics expansion $10,000
SLO Score Business Mentoring Workshops – support
to small business owners in Grover Beach
$2,500
South San Luis County
Womenade
Feeding Families Program – provide
holiday food baskets to families in need
$4,000
Upon the Council’s approval of funding, each organization will receive funding before July 1, 2022.
Those organizations who receive funding will be required to provide a year-end report on their program or project results and a full financial accounting within 60 days of the grant period which ends June 30, 2023. Staff will return to the Council in future years to seek direction on whether to fund additional community grants.
FISCAL IMPACT
Approval of the recommended Community Grants will provide $89,000 from the City’s allocation of ARPA funding to various nonprofit organizations who serve the Grover Beach community.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Approve the recommended FY 2022-23 Community Grants; or
2. Do not approve the recommended Community Grants or approve modified amounts; or
3. Provide alternative direction to staff.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Attachments
1. Community Grants Policy
1 City of Grover Beach
Community Grants Program Policy
Policy Statement
The City Council sets legislative financial management policies, as recommended by staff and advisory committees. Historically, the City Council has awarded community grants, when possible within budgetary constraints, to contribute toward the funding of programs conducted by non-profit organizations that actively enhance the quality of life for Grover Beach residents.
This Community Grants Program Policy is designed to establish guidelines to allow for such funding, furthering City Council Goals.
Policy
1. Non-profit organizations must file a City application for the community grants funding program in accordance with the City’s timeline for grant applications, which may vary from year to year. Notification of the open grant period will be provided on the City’s website.
Applications must be submitted to the City Manager’s Office and forms are available on the City’s website or at City Hall. The application format and requested information is provided as Attachment 1.
2. Public funds shall be made available only when the funds are to be expended for a community program or service that will benefit the community and residents of Grover Beach.
3. Funds will not be allocated to the following organizations and activities (so as to maintain local government impartiality towards political campaigns, religious activities and fundraising endeavors):
a. Political action committees, political candidates, political campaigns, or programs engaged in partisan political activity;
b. Any organization conducting, promoting or denigrating religious activity wherein the funds would be used for sectarian purposes;
c. To support an organization’s fundraising event or activity;
4. Funds requested from membership-based adult organizations will not be considered if the funds requested are to be used to directly benefit its members and not the community of Grover Beach at large.
5. Requests for funding will be considered for award by the City Council only during the periods determined in this Council Policy and if submitted on the appropriate City application form.
6. Funding of a program will not constitute a precedent for contributions in subsequent years.
Attachment 1
2 Eligibility
To be eligible for award of a community grant, agencies must:
1. Submit a separate, completed application form for each project or program (see Attachment 1).
2. Be incorporated as a tax-exempt nonprofit corporation (IRS 501-C) and/or exist as another government entity.
3. Operate in or provide direct services to the community of Grover Beach.
4. Demonstrate the managerial and financial capability to receive and expend grant funds.
5. Assure compliance with all applicable local, state, and federal laws including but not limited to non-discrimination requirements.
In the review panel’s sole discretion, an otherwise qualified applicant (who is unable, pursuant to an articulated justification consistent with promotion of City’s needs, to reasonably meet application requirements) may be granted an exception by the panel from one or more application requirements.
Programs for which funding is requested must qualify under one of the categories below:
1. Community and Social Services: Funding for programs and services that address identified community needs or problems (as stated in the City’s General Plan, Major City Goals, or other policies). These may include, but are not limited to, the following:
a. Crisis Intervention and/or Centers
b. Health and Safety
c. Youth-Serving Agencies
d. Social service agencies and programs.
e. Bilingual service agencies
f. Low-income service agencies
g. Homelessness
2. Project: Funding for one-time projects designed to address a significant community need or problem. City funding shall be limited to a specific timeframe, usually not more than one year.
Funding Request
All applications must submit a completed City application (Attachment 1) and the following attachments unless already on file with the City:
1. Names/addresses of current Board of Directors
2. Board approved current operating budget
3 Evaluation/Scoring Criteria
All applications will be submitted to the Office of the City Manager, C/O of the Deputy City Manager, for consideration. The Deputy City Manager will forward all qualifying applications to a review panel comprised of City staff and community stakeholders for review and consideration.
The review panel will score each qualifying application up to a possible total of 100 points, using the following criteria:
Criteria Total Possible Points
Degree to which the program or services
focus on the City of Grover Beach and its
residents
25 Projected impact or outcomes 25
Alignment with Major City Goal or other
Council Goals and priorities
15 Reasonableness of the proposed budget for
project or services
15 Ability to leverage other funding from
alternative sources
10 Organizational stability/competency 10
100 Total Possible Points
After review, the scored applications will be presented to the City Council for their consideration.
At the time of consideration and evaluation, staff will advise Council of available funding amount to be awarded. The Council will determine which applications will receive available funding and will direct staff to include that funding in the draft proposed budget.
Post Funding Application Requirements
Following award of community grant funds, the recipients will be asked to sign a City Grant Agreement (Attachment 2) stipulating the following conditions:
1. Carry adequate liability insurance naming the City of Grover Beach as additional insured as may be required by the City.
2. Not discriminate in employment or in clients served because of race, religion, national origin, sexual orientation or sex.
3. Be accountable for revenue and expenditures through standard bookkeeping procedures.
An annual audit or review at the applicant’s expense may be required, with the results available to the City of Grover upon request.
4. Provide access to periodic reviews by City staff and City Council for purposes of monitoring the program should the City wish to do so.
5. The funded applicant shall provide the City with a year-end report, including a full financial accounting and narrative report (Attachment 3).
The end-of-the-year report shall be in writing and submitted within 60 days after the oneyear grant period. This report must include a complete financial statement detailing all expenditures of City monies for the program(s) covered under the grant and a narrative 4 report on the project or program and its significance. The financial and narrative report should compare actual expenditures and accomplishments with the budget and objectives cited in the original proposal.
Failure to comply with the reporting requirements by the stipulated dates may lead to termination of the grant agreement and funds being returned to the discretion of the City Council. Failure to comply with reporting requirements will also automatically exclude an agency from eligibility to receive community grant funding from the City for the following two fiscal years
6. Funded applicants must return to the City any unexpended funds at the end of the oneyear period, or agreed upon project or program timeframe, or whenever the City reasonably determines that the applicant has not performed in accordance with the approved program proposal.
7. Any funds returned in accordance with this policy shall be returned to the fund from which they were allocated from.
8. City moneys shall be used only for the purpose and program(s) duly authorized and in accordance with the approved budget. Any deviation from the approved program proposal may be made only with the City’s prior written approval which requires Council authority.
If moneys are used outside the approved program proposal without prior written approval from the City, funds must be returned immediately to the City.