Grover Beach City Council
August 26, 2024

AGENDA

GROVER BEACH CITY COUNCIL

GROVER BEACH CITY HALL - COUNCIL CHAMBER
154 SOUTH EIGHTH STREET

GROVER BEACH, CALIFORNIA
MONDAY, AUGUST 26, 2024, 6:00 PM
Next Resolution No .24-43
Next Ordinance No. 24-08
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting, please contact the City Clerk's Office (805-473-4567) at least 48 hours prior to the meeting to ensure that reasonable arrangements can be made to provide accessibility to the meeting.

CALL TO ORDER

CALL TO ORDER

FLAG SALUTE
ROLL CALL Council Members Daniel Rushing, Clint Weirick, Zach Zimmerman, Mayor Pro Tem Robert Robert, and Mayor Karen Bright

CLOSED SESSION ANNOUNCEMENTS
On Monday, July 22, 2024, at 8:34 p.m., the Council met in Closed Session regarding the following items:

A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Name of Case: Grover H2O, Debra Peterson, and Brenda Auer v. City of Grover Beach, et al.

San Luis Obispo Superior Court Case 24CV-0264. Government Code section 54956.9(d)(1).

B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Name of Case: Diane Baeker, individually and as successor-in-interest to James Baeker; Lara Baeker; and Jennifer Vernallis v. City of Arroyo Grande; City of Grover Beach; County of San Luis Obispo; State of California (Caltrans); Form Design + Build; Provident Company LLC and Does 1 through 125 inclusive. San Luis Obispo Superior Court Case 24CV-0184. Government Code section 54956.9(d)(1).

C. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6
Agency designated representatives: City Manager Matthew Bronson, Assistant City Manager Kristin Eriksson.

Employee Organizations: Grover Beach Police Officer’s Association (GBPOA).

Meetings can be viewed on Channel 20 and are live streamed on the City’s website via www.slospan.org. Members of the public who cannot attend the meeting in person may provide public comment during the meeting by calling (805) 321-6639 to provide public comment via phone (the phone line will open just prior to the start of the meeting at 6:00 PM) or written public comments can be submitted via email to [email protected] prior to the Council meeting. If submitting written comments in advance of the meeting, please note the agenda item.

Amended to add Close Session
Announcements
Agenda: Grover Beach City Council Meeting Page 2
Monday, August 26, 2024
Closed Session Announcements: At 9:01 p.m., Mayor Bright reconvened the meeting in open session with all Council Members present, and announced there were no reportable actions.

AGENDA REVIEW
At this time the City Council will review the order of business to be conducted and receive requests for, or make announcements regarding, any change(s) in the order of the day. The Council should by motion adopt the agenda as presented or as revised.

CEREMONIAL CALENDAR

PRESENTATIONS

1. Summer Concert Recap and Upcoming Fall Events

2. Police Department Community Events

CONSENT AGENDA
The following routine items listed below are scheduled for consideration as a group. Recommendations for each item are noted in parentheses. Members of the audience may speak on any item(s) listed on the Consent Agenda. Any Council Member, the City Attorney, or the City Manager may request that an item be withdrawn from the Consent Agenda to allow for full discussion. Items withdrawn from the Consent Agenda will be heard after the rest of the Consent Agenda is approved.

3. Treasurer’s Report for the Period July 1, through July 31, 2024 – Finance Manager Flores
(Recommended Action: Approve the Treasurer’s Report as submitted.)

VOICE VOTE

4. Treasurer’s Report for the 2022 Streets Bond Account - $10,000,000 for the Period July 1, through July 31, 2024 – Finance Manager Flores
(Recommended Action: Approve the Treasurer’s Report as submitted.)

VOICE VOTE

5. Minutes of the City Council Meeting on Monday, July 22, 2024 and the Special City Council Meeting on Wednesday, August 7, 2024 – City Clerk Sims (Recommended Action: Approve the minutes as submitted or revised.)

VOICE VOTE

6. Introduction and First Reading of an Ordinance to Amend Municipal Code Article IX (Development Code) Amendments to Chapter 2 (Zones and Allowable Land Uses), Sections 3.10.020 (Fences and Walls), 3.10.065 (Screening), 3.10.080 (Upper Story Open Spaces), 4.10.015 (Accessory Dwelling Units), 4.10.030 (Accessory Structures), 5.10.030 (General Provisions), Chapter 6 (Procedures), 8.20.060 (review Authority for Subdivision Decisions) and Chapter 9 (Definitions); and adding new Sections 3.10.062 (Edge Conditions) and 8.170 (Urban Lot Subdivisions); and to Adopt a Resolution Approving a Local Coastal Program Amendment – Community Development Director Martin and Senior Planner Bell
(Recommended Action: 1) Conduct first reading, by title only, and introduce amendments to the City’s Development Code amending Grover Beach Municipal Code, Article IX; and 2) Schedule a public hearing, second reading to adopt the Ordinance and Adopt a Resolution approving a Local Coastal Program Amendment at the next regularly scheduled City Council meeting.)

ROLL CALLL VOTE
Agenda: Grover Beach City Council Meeting Page 3
Monday, August 26, 2024

7. 2024 California Department of Housing and Community Development Block Grant Application – Community Development Director Martin and Associate Planner Reese (Recommended Action: Adopt a Resolution authorizing staff to prepare and submit an application for a Community Development Block Grant for Phase 3 of the Ramona Garden Park Rehabilitation Project, Microenterprise Assistance Program, and NonCongregate Shelter Navigation Center Program.)

ROLL CALL VOTE

8. Federal Equitable Sharing Agreement – Police Chief Munro (Recommended Action: Adopt the Resolution authorizing the Mayor and the Chief of Police to sign a Federal Equitable Sharing Agreement that will allow the City to receive federally forfeited assets from adjudicated cases, pursuant to the Federal Equitable Sharing Program.)

ROLL CALL VOTE

9. Selection of Voting Delegate and Alternate for the 2024 League of California Cities Annual Conference – City Manager Bronson
(Recommended Action: Select Council Member Weirick to serve as delegate and Mayor Pro Tem Robert to serve as alternate for the upcoming annual business meeting to be held at the League of California Cities Annual Conference.)

ROLL CALL VOTE

PUBLIC HEARING

10. Second Reading and Adoption of an Ordinance to Repeal and Replace Article X (Revenue and Taxation), Chapter 13 (Development Impact Fees) of the Grover Beach Municipal Code and Establish a Development Impact Fee Deferral Program; and Adopt a Resolution to Amend the Master Fee Schedule – Community Development Director Martin
(Recommended Action: Conduct a public hearing and second reading and adopt an Ordinance to repeal and replace Article X (Revenue and Taxation), Chapter 13 (Development Impact Fees) of the Grover Beach Municipal Code (GBMC) and establish a Development Impact Fee Deferral Program; and Adopt a resolution to amend the Master Fee Schedule.)

ROLL CALL VOTE

REGULAR BUSINESS

11. 2023 Community Development Block Grant $3.3 Million Award for Phases 1 and 2 of the Ramona Garden Park Rehabilitation Project – Community Development Director Martin and Capital Projects Manager Wiggin
(Recommended Action: Receive information on the award of a Department of Housing and Community Development 2023 Community Development Block Grant of $3.3 million for Phases 1 and 2 of the Ramona Garden Park Rehabilitation Project and related timing and community giving opportunity for the project.)

12. Resolution to Amend Executive Management Employee Compensation for 2024- 2027 – Human Resources Officer Mattocks
(Recommended Action: Adopt the Resolution amending the Classification and Compensation Plan for Executive Management for a three-year term from September 2, 2024 to June 30, 2027.)

ROLL CALL VOTE
Agenda: Grover Beach City Council Meeting Page 4
Monday, August 26, 2024

PUBLIC COMMUNICATIONS
Any member of the public may address the Council for a period not to exceed three minutes total on any item of interest within the jurisdiction of this Council. The Council will listen to all communications; however, in compliance with the Brown Act, the Council cannot act on items not on the agenda.

COUNCIL COMMITTEE REPORTS
This item gives the Mayor and Council Members the opportunity to present reports to the other members regarding committees, commissions, boards, or special projects on which they may be participating.

Air Pollution Control District (APCD) Karen Bright (Alt: Robert Robert) South SLO County Sanitation District (SSLOCSD) Karen Bright (Alt: Clint Weirick) Integrated Waste Management Authority (IWMA) Robert Robert (Alt: Daniel Rushing) Five Cities Fire Joint Powers Authority Daniel Rushing (Alt: Clint Weirick) SLO Council of Governments / SLO Regional Transit Authority Daniel Rushing (Alt: Karen Bright) (SLOCOG / SLORTA)
South County Transit Committee Daniel Rushing (Alt: Karen Bright) Zone Three Advisory Committee Daniel Rushing (Alt: Karen Bright) California Joint Powers Insurance Authority (CJPIA) Clint Weirick (Alt: Zach Zimmerman) Homeless Services Oversight Council (HSOC) Clint Weirick (Alt: Zach Zimmerman) SLO County Water Resources Advisory Committee (WRAC) Clint Weirick (Alt: Robert Robert) REACH Zach Zimmerman (Alt: Robert Robert)
South County Chambers of Commerce Zach Zimmerman (Alt: Daniel Rushing) Visit SLO CAL Advisory Committee Zach Zimmerman (Alt: Robert Robert)

COUNCIL COMMUNICATIONS
This item gives individual Council Members the opportunity to seek consensus for scheduling a specific item on a future agenda, authorizing staff time to provide background information and prepare a staff report for a future agenda, or to comment on Council business, City operations, projects or other items of community interest.

CITY MANAGER’S REPORTS AND COMMENTS
CITY ATTORNEY’S REPORTS AND COMMENTS

CLOSED SESSION
It is the intention of the City Council to meet in Closed Session concerning the following item:

A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Government Code section 54956.9.

Three (3) Cases.

ADJOURNMENT
Agenda: Grover Beach City Council Meeting Page 5
Monday, August 26, 2024
* * * * *
Per Resolution No. 17-21, the public portion of City Council meetings will be scheduled to start at 6:00 p.m. and conclude no later than 11:00 p.m. Any open session items remaining on the agenda at 11:00 p.m. that have not been discussed or considered by the City Council will be continued to an adjourned meeting of the City Council (scheduled before the next regular meeting). However, the City Council may choose to continue the meeting past 11:00 p.m. upon a proper motion and a 4/5ths vote in favor of such an action. * * * * *
Staff reports or other written materials relating to each item of business referred to on this agenda are available from the City website www.groverbeach.org and on file in the City Clerk’s Office. A public counter copy is available for public inspection and reproduction during normal business hours at City Hall, 154 South 8th Street, Grover Beach, CA. Related materials submitted after distribution of the agenda packet are available in the City Clerk's Office during normal business hours. If you have questions regarding any agenda item, please contact the appropriate City Department. Any writings or documents regarding any item on this agenda, not exempt from public disclosure, provided to a majority of the City Council and distributed subsequent to distribution of the agenda packet will be made available for public inspection in the City Clerk’s Office during normal business hours.
* * * * *
Note: This agenda was prepared and posted pursuant to Government Code Section 54954.2. This agenda is subject to amendment up to 72 hours prior to the date and time set for the meeting. Please refer to the agenda posted at City Hall for any revisions or call the City Clerk’s Office at (805) 473-4567 for more information.
* * * * *
The agenda and staff reports are also available on the City’s website: www.groverbeach.org

CITY OF GROVER BEACH

POLICIES AND PROCEDURES FOR CONDUCT AND DECORUM AT COUNCIL MEETINGS (Pursuant to Resolution No. 07-44, adopted 04-16-07, revised 02-18-2020) The City Council and staff welcomes and encourages civic participation and debate on issues. The Council values the public’s opinion and in every Council meeting invite and encourages the public to address the Council on any matter of interest. The Council adopted these policies and procedures for appropriate conduct and decorum at Council meetings and establish guidance for public participation during Council meetings.

These policies will foster and provide greater clarity to preserve the intent of open government and maintain a positive environment for public input and City Council decision-making.

1.0 DECORUM AND ORDER – IN GENERAL

1.1 The presiding officer is responsible for the maintenance of order and decorum at all times.

1.2 The presiding officer shall determine all points of order subject to the right of any Council member to appeal to the City Council by majority vote. If any appeal is taken, the question shall be “Shall the decision of the presiding officer be sustained” in which event a majority vote of the Council shall govern and conclusively determine such question of order.

1.3 All Council members, staff members and members of the public should speak respectfully and avoid the use of profanity, vulgarity and slanderous comments. Recognizing that the First Amendment precludes the City Council from prohibiting speakers from speaking based upon the content of their speech, the presiding officer shall use their best efforts, short of enforcement action, to remind and encourage all participating in the meeting to keep their speech respectful towards others and within bounds appropriate for children and persons of sensitivity toward course language as a courtesy to others present or otherwise viewing Council meetings.

2.0 DECORUM AND ORDER – COUNCIL MEMBERS

2.1 Manner of Speaking.

Any Council member desiring to speak shall first address the presiding officer. Upon recognition by the presiding officer, the Council member shall speak only to the question under debate.

U2.1(a) Questioning Staff.

A Council member desiring to question the staff should address his question to the City Manager, or, in appropriate cases, the City Clerk or City Attorney, who shall be entitled either to answer the inquiry or to designate some staff member for that purpose. Such a designation may be made at the time of any staff presentation or on the agenda listing for the item.

U2.1(b) Interruptions.

Once recognized, a Council member shall not be interrupted while speaking unless called to order by the presiding officer; unless a point of order is raised by another Council member, or unless the speaker chooses to yield to questions from another Council member.

3.0 DECORUM AND ORDER – STAFF

3.1 City Manager Responsibilities
The City Manager is responsible for ensuring that members of the administrative staff observe the rules of decorum and order set forth in this Policy.

3.2 AAddressing the City Council
Any administrative staff member desiring to address the City Council or members of the public shall first be recognized by the presiding officer. All remarks shall be addressed to the presiding officer and not to any individual Council Member or member of the public. Administrative staff members shall accord the utmost courtesy to the City Council, other administrative staff members and the public.

4.0 DECORUM AND ORDER – MEMBERS OF THE PUBLIC

4.1 AAddressing the City Council
Any member of the public desiring to address the City Council or members of the public shall first be recognized by the presiding officer at the appropriate place on the agenda. All remarks shall be addressed to the presiding officer and not to any individual Council Member, City Manager, City Attorney or member of the administrative staff or member of the public.

4.2 Time Limitation for Addressing the City Council
Public comment when addressing the City Council shall be generally limited to three (3) minutes per speaker. Depending on the extent of the agenda and the number of persons desiring to speak on an issue, the presiding officer may, at the beginning of the hearing, set a different time limit for each speaker. Any person may speak for a longer period of time upon approval from the presiding officer, when deemed necessary, for instance when a person is speaking on behalf of a group or has a graphic or slide presentation requiring more time.

4.3 Failure to Yield, Disruptions
Any person who refuses to relinquish the floor after their allotted time or while attending the City Council meeting engages in conduct or speech which disrupts the business of the meeting shall be brought to order and/or removed from the room if the sergeant-at-arms is so directed by the presiding officer.

Disruptive remarks from the audience, stamping of feet, clapping, whistles, yells and similar demonstrations shall not be permitted by the presiding officer who may direct the sergeant-at-arms to remove such offenders from the room.

4.4 Prosecution
Aggravated cases shall be prosecuted on appropriate complaint signed by the presiding officer.

5.0 ENFORCEMENT OF DECORUM

5.1 The Chief of Police or his designee shall be the ex-officio sergeant-at-arms of the City Council. The sergeant-at-arms shall carry out all legal and valid orders and instructions given by the presiding officer for the purpose of maintaining order and decorum in the Council Chamber. Upon instructions from the presiding officer, it shall be the duty of the sergeant-at-arms to remove any disorderly person from the Council Chambers or place the disorderly person under arrest or both.

5.2 As set forth in Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a person or group of persons so as to render the orderly conduct of such meeting unfeasible or impedes the ability of the Council to hold the meeting, and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the presiding officer may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Duly accredited representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this Section. Nothing in this Section shall prohibit the City Council from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting.

No Documents for this Agenda Item
Summer Concert Recap and
Upcoming Fall Events
Agenda Item No. 1
Summer Concert Recap and Upcoming
Fall Events
(CC Mtg 8/26/2024)
No Documents for this Agenda Item
Police Department Community Events
Agenda Item No. 2
Police Department Community Events
(CC Mtg 8/26/2024)

RESOURCES DESCRIPTION
Balance from June 30, 2024 $ 3,383,692.55
Deposits 2,042,850.28
Voided Checks Check Number Date
76347 06/28/24 7,000.00
76306 06/28/24 42,229.54
From Street Bond Acct 1,008,409.36
Total Resources $ 6,484,181.73

EXPENSES

DESCRIPTION PERIOD ENDING CK DATE CHECK NUMBER AMOUNT
UB Refunds 07/03/24 76348-76350 1,385.62
WR 07/03/24 76351-76405 1,355,682.29
WR 07/11/24 76406-76458 274,549.34
UB Refunds 07/11/24 76459-76461 385.09
Payroll 07/07/24 07/12/24 5363006-5363077 180,076.73
WR 07/18/24 76462-76523 283,975.14
WR 07/25/24 76524-76568 85,871.12
Payroll 07/21/24 07/26/24 5363078-5363144 162,250.74
Electronic Transfers 2,037,630.23
Credit Card Payments Service Charge 91.15
Deposit Correction 1,490.78
Total Expenditures $ 4,383,388.23
Cash Balance as of July 31, 2024 $ 2,100,793.50
Respectfully,
Nick Szamet
Administrative Services Director

CITY OF GROVER BEACH
Treasurer's Report for August 26, 2024 City Council Meeting July 1, 2024 to July 31, 2024
Agenda Item No. 3

ACCOUNTS PAYABLE
CHECK DATE 7/3/2024
... Check Report . . . \ . By Check Number ,-~-fJr
.\.'.·:·~- • ./
City of Grover Beach
154 S. 8th Street Date Range: 07/ 03/2024 - 07/03/2024
---~"--.1:-
Grover Beach, CA 93433
07/03/2024 ABALONE COAST ANALYTICAL INC 2901 76351
24-2395 Invoice 06/30/2024 COLIFORM PA, NITRATE, ELAP FEE & SHIPPING FEI 306 24-2396 Invoice 06/30/2024 HETEROTROPHIC PLATE COUNT, COLIFORM PA & I 266 24-2460 Invoice 06/30/2024 GENERAL PHYSICAL, ELAP FEE & SHIPPING FEE 114 24-2508 Invoice 06/30/2024 COLIFORM PA & ELAP FEE 36
24-2536 Invoice 06/30/2024 COLIFORM PA, NITRATE, ELAP FEE & SHIPPING FEI 275 24-2632 Invoice 06/30/2024 COLIFORM PA, NITRATE, ELAP FEE & SHIPPING FEI 275 24-2666 Invoice 06/30/2024 COLIFORM PA & ELAP FEE 72
24-2706 Invoice 06/30/2024 COLIFORM PA & ELAP FEE 36
24-2707 Invoice 06/30/2024 LEAD & COPPER, ELAP FEE & SHIPPING FEE 563 24-2708 Invoice 06/30/2024 LEAD & COPPER, ELAP FEE & SH IPPING FEE 614 24-2709 Invoice 06/30/2024 LEAD & COPPER, ELAP FEE & SHIPPING FEE 308 24-2731 Invoice 06/30/2024 COLIFORM PA & ELAP FEE 36
07/03/2024 Alexander's Contract Services 3886.98 76352
202407020017 Invoice 07/02/2024 07/01/2024 & 07/02/2024 METER READING SERVICE! 3886.98 07/03/2024 Allweather Landscape Inc 7807.75 76353
51728 Invoice 06/30/2024 CITY LANDSCAPING SERVICES JUNE 2024 7027.75 51868 Invoice 06/30/2024 CITYWIDE LANDSCAPING SERVICES JUNE 2024 780 07/03/2024 AL TA Language Services, Inc. 132 76354
INV0001107 Invoice 06/30/2024 Alta_lnv IS727243_test_6-30-2024 132 07/03/2024 AMAZON CAPITAL SERVICES 410.4 76355
17PY-R19X-Q4Pt Invoice 05/30/2024 BALANCE DISC, CORRECTION TAPE, NOTEPADS, S 87.96 1 LJQ-X94Q-N33, Invoice 06/27/2024 1 LJQ-X94Q-N33J 322.44 07/03/2024 AMERIGAS -SANTA MARIA 152 76356
3165963689 Invoice 06/30/2024 PROPANE FU EL FOR BOOSTER PUMP 152 07/03/2024 ARROYO GRANDE CHEVROLET 554.21 76357
19649CVR Invoice 06/30/2024 Unit 204, tee, hose, pump kit 554.21 07/03/2024 BLUE SHIELD OF CA LIFE & HEAL TH MEDICAL EYE SERVIC 1273.4 76358 July 2024 Invoice 07/01/2024 Employee insurance premiums - July 2024 1273.4 07/03/2024 Brand Creative 5164.88 76359
7/ 3/ 2024 1:00 :30 PM Page 1 of 6
Check Report - Detail
Invoice
Invoice
06/30/2024
06/30/2024
Drone Van graphics
12x18 sign at Wellness Gym
07/03/2024 CALIFORNIA BUILDING STANDARDS COMMISSION
Green Fees O2-2 Invoice 06/30/2024 GREEN BLDG FEES 04/01 /2024 to 06/30/2024 07/03/2024 CANNON CORP
Invoice 06/1 1/2024 CIP 2287 W GRAND AVE STREETSCAPE
07/03/2024 CARQUEST AUTO PARTS
7314-1440601 Invoice 06/30/2024 DENT PULLER FOR FLEET VEH ICLES 07/03/2024 CHARTER COMMUNICATIONS
17058460106212 Invoice 06/21/2024 City Facilities - Internet Charges 5/21 /24-6/20/24 07/03/2024 CIMA
7/1/24 Invoice 07/01 /2024 Volunteer insurance renwal for 7/1/24-7/1/25 07/03/2024 Coastal 0cc Med Grp OBA AKESO 0cc Health
INV0001105
INV0001106
07/03/2024
02-01270295
02-01271053
02-1273013
07/03/2024
INV0001109
07/03/2024
07/03/2024
Invoice
Invoice
06/30/2024
06/30/2024
COLD CANYON LANDFILL INC.

Invoice
Invoice
Invoice
06/30/2024
06/30/2024
06/30/2024
Coles Linen and Laundry
Invoice 06/30/2024
Akeso_lnv S22653_RCox-Exam2-23-2024
Akeso_lnv S25521_CZarate-exam_6-13-24

NORTH OAK PARK TRASH RECOVERY/HAUL AWAY

LONGBRANCH & COMMERCIAL GREEN WASTE HAL

CAPITOLA GREEN WASTE HAUL AWAY
Coles_lnv 19844_PD Tablecloths_6-17-24

COUNTY OF SAN LUIS OBISPO DEPT OF PUBLIC WORKS
Invoice 07/03/2024 Flood Control Zone 3 Lopez Water Contract County of SLO ACTTC
LAFCO FY25 Invoice 07/01/2024 City share LAFCO - FY 2024-25 07/03/2024
56957
56958
07/03/2024
538158
916897
916910
7/ 3/ 2024 1:00:30 PM
CSG Consultants, Inc
Invoice 06/18/2024
Invoice 06/18/2024
Dana Safety Supply
Invoice
Invoice
Invoice
06/30/2024
06/30/2024
06/30/2024
BLDG INSPECT 4/27-5/31 /24 - C.HARRIS. I.LIVINGSTI
FIRE INSPECTIONS 4/27/24 TO 5/31/24
equip for new vehicles
equip for new vehicles
equip for new vehicles
Date Range: 07/03/2024 - 07/03/2024
4849.47
315.41
347.4
347.4
40191 .75
40191 .75

18.39 18.39
785.43
785.43
1192.26
1192.26
780
610
170
135.75

45.75 45
45 69.2

69.2 626454.67
626454.67
12009.21
12009.21
15162.5
13542.5
1620
4547.93
3118.95
645.98
783
76360
76361
76362
76363
76364
76365
76366
76367
76368
76369
76370
76371

Check Report • Detail Date Range: 07/03/2024 - 07/03/2024 07/03/2024 DATAPROSE LLC 2021.9 76372
DP2402992 Invoice 07/03/2024 UB Billing June 2024 2021 .9 07/03/2024 Deltina Coffee Roasters 62.5 76373
INV0001110 Invoice 06/30/2024 Deltina Coffee Roasters_lnv 10733_5-19-2024 62.5 07/03/2024 Five Cities Chevron 171 76374
June 2024 Invoice 06/30/2024 9 car washes in June 2024 81 May2024 Invoice 06/30/2024 10 car washes in May 2024 90 07/03/2024 GRAINGER 491.35 76375
9088108163 Invoice 06/30/2024 LOC# 105 RAMONA PARK WEATHER PROOF COVEF 64.29 9149508757 Invoice 06/30/2024 WATER DEPT SUPPLIES 427.06 07/03/2024 Hacienda Gardening 520 76376
HG86821 Invoice 06/30/2024 WEED ABATEMENT FOR LOT AT CALVIN & HUBER 520 07/03/2024 J.B. DEWAR INC. 4570.42 76377
331653 Invoice 06/30/2024 gas stmt 6/16/24 to 6/30/24 3303.67 331654 Invoice 07/02/2024 Gasoline charges for PW vehicles 1266.75 07/03/2024 J.F. Will Company, Inc. 495530.81 76378
010428 Invoice 06/30/2024 CIP 2295-15 MAY 2023 INVOICE 495530.81 07/03/2024 Jared Allegranza 499 76379
INV0001108 Invoice 06/30/2024 JAllegranza_education reimbursement_6-12-24 499 07/03/2024 KELLY J COOK 590.34 76380
070224 Invoice 07/01/2024 per diem and lodging Social Media Trn 590.34 07/03/2024 LEE WILSON ELECTRIC CO. INC 1060.02 76381
2406 Invoice 06/30/2024 JUNE 2024 TRAFFIC SIGNAL MAINTENANCE 1060.02 07/03/2024 NELIDA ACEVES 223 76382
071524 Invoice 07/02/2024 Per diem SLI # 8, 8/6/24 in Folsom 223 07/03/2024 NOBLE SAW 224.21 76383
619636 Invoice 06/30/2024 PARTS FOR EQUIPMENT 126.37
620067 Invoice 06/30/2024 PARTS FOR EQUIPMENT 97.84
07/03/2024 O'REILL Y'S AUTOMOTIVE INC 315.38 76384
3025-353218 Invoice 06/30/2024 Unit 204, antifreeze, washer pump 66.12 3025-354598 Invoice 06/30/2024 Unit 205, booster, hose 249.26 07/03/2024 Peak WiFi.com 2384.9 76385
14202.749561 Invoice 06/30/2024 Cannabis Video Wall June 2024 295 7/3/2024 1:00: 30 PM Page 3 of 6
Check Report - Detail Date Range: 07/03/2024 - 07/03/2024 15983. 750306 Invoice 06/30/2024 Warehouse Internet June 2024 69.95 2024-07-15462 Invoice 07/01/2024 NITRATE PLANT WIFI SERVICES JULY 2024 69.95 9433.750141 Invoice 06/30/2024 Network Camera System June 2024 1950 07/03/2024 PORTABLE JOHNS INC. 108.12 76386
258996 Invoice 06/30/2024 05/05/2024-06/01/2024 SINGLE UNIT RENTAL & SER\ 108.12 07/03/2024 PowerDMS, Inc. 4830.13 76387
INV-51038 Invoice 07/02/2024 Power FTO 7/1/24 to 6/30/25 2476.13 Q-248036 Invoice 07/02/2024 PowerTime Subscrip Planlt 7/1/24 to 6/30/25 2354 07/03/2024 Principal Life Insurance Company 4315.07 76388 July 2024 Invoice 07/01/2024 Employee premiums - July 2024 4315.07 07/03/2024 PROCARE JANITORIAL SUPPLY 991.94 76389
173023 Invoice 06/30/2024 LOC# 10916TH STREET PARK TOILET TISSUE 38.46 173024 Invoice 06/30/2024 LOC# 11 4 RAMONA PARK TOILET TISSUE 38.46 173083 Invoice 06/30/2024 LOC# 107 CORP YARD JANITORIAL SUPPLIES 286.69 173180 Invoice 06/30/2024 LOC# 100 & 101 JANITORIAL SUPPLIES 333.65 173245 Invoice 06/30/2024 LOC# 112 MENTONE PARK TOILET TISSUE 38.46 173368 Invoice 06/30/2024 LOC# 114 RAMONA PARK TOILET TISSUE 38.46 173369 Invoice 06/30/2024 LOC# 111 GROVER HEIGHTS TOILET TISSUE 38.46 173602 Invoice 06/30/2024 LOC# 107 CORP YARD JANITORIAL SUPPLIES 179.3 07/03/2024 RICH ROLSON 650 76390
Sound.07072024 Invoice 07/02/2024 Sound.07072024 Susan Ritchie Band 650 07/03/2024 SAN LUIS OBISPO CO SHERIFF'S OFFICE 10822.5 76391 136-462 Invoice 06/30/2024 RMS connection to SLOSO CAD partial payment 10822.5 07/03/2024 SANDY MERSHON 136.73 76392
Reimb.Sandy. 7.1 Invoice 07/02/2024 Reimb.Sandy.7.1.24 136.73 07/03/2024 SOUTH SAN LUIS OBISPO CO. SANITATION DISTRICT 21621.4 76393 Q2-24 Facility Fe, Invoice 06/30/2024 FACILITY FEES 4/1/2024 to 6/30/2024 21621.4 07/03/2024 SpeakWrite Billing Department 480.96 76394
1f046bdf Invoice 06/30/2024 dication service June 2024 480.96 07/03/2024 STATE OF CALIFORNIA DEPT OF CONSERVATION 1860.11 76395 SMIP 02-24 Invoice 06/30/2024 SMIP FEES 04/01 /2024 TO 06/30/2024 1860.11 07/03/2024 Sun Badge Co 649.09 76396
418781 Invoice 06/30/2024 2 chiefs bades, 2 records badges 649.09 7/3/ 2024 1:00:30 PM Page 4 of 6
Check Report - Detail Date Range: 07/03/2024 - 07/03/2024 07/03/2024 SUN RIDGE SYSTEMS, INC. 53446 76397
8064 Invoice 06/30/2024 RIMS Annual Support 5/24/24 to 5/23/25 18446 8235 Invoice 06/30/2024 RIMS access at PBPD, setup, install, test 23400 8236 Invoice 06/30/2024 RIMS to TRITECH interface with SLOSO, 1 yr support 11600 07/03/2024 Susan Bratcher 1064 76398
Concert7.7.24 Invoice 07/02/2024 Concert7.7.24 Susan Ritchie Band 1064 07/03/2024 TCA Tools Inc 251.76 76399
061924129706 Invoice 06/30/2024 TOOLS FOR PUBLIC WORKS DEPT. 251 .76 07/03/2024 THE LINCOLN NATIONAL LIFE INSURANCE CO 2207.21 76400 July 2024 Invoice 07/01 /2024 Employee insurance premium-July 2024 2207.21 07/03/2024 Thomas Michael Pryor, Sr & Jutta Pryor 9016.36 76401 July 2024 Invoice 07/02/2024 July rent 45 Newport 9016.36 07/03/2024 Traffic Management, Inc. 56.05 76402
06-108285 Invoice 06/30/2024 SPECIAL ORDER SIGNAGE FOR STREETS 56.05 07/03/2024 TruckVault, Inc. 5140.42 76403
272634 Invoice 06/30/2024 Investigator Storage Box for Honda Odyssey 5140.42 07/03/2024 Veritone, Inc 2400 76404
662222 Invoice 07/02/2024 RIPA Reporting 7/1/24 to 6/30/25 2400 07/03/2024 WALLACE GROUP 2992.5 76405
62490 Invoice 06/21 /2024 MAP CHECKING & SRVY - MARCHENKO 2992.5 7/3/2024 1:00:30 PM Pages of 6
Check Report• Summary Date Range: 07/03/2024 - 07/03/2024 All Bank Codes Check Summary
Payable Payment
Payment Type Count Count Discount Payment
Regular Checks 93 55 0.00 1,355,682.29
Manual Checks 0 0 0.00 0.00
Voided Checks 0 0 0.00 0.00
Bank Drafts 0 0 0.00 0.00
EFT's 0 0 0.00 0.00
93 55 0.00 1,355,682.29
7/3/2024 1 :00:30 PM Page 6 of 6

ACCOUNTS PAYABLE
CHECK DATE 7/11/2024
07/11/2024
14349
07/11/2024
24050717
07/11/2024
2000898.002
07/11/2024
2000896.002
07/11/2024
240131
07/11/2024
50187
07/11/2024
1800745801
07/11/2024
1120
07/11/2024
1099
07/11/2024
INV0001113
07/11/2024
57065
57066
B241132
07/11/2024
587948323
07/11/2024
INV0001114
07/11/2024
7/16/2024 8:35: 14 AM
Check Report
City of G By Check Number rover Beach
154 S. 8th Street Date Range: 07/11/2024 - 07/11/2024
Grover Beach, CA 93433
B & B OVERHEAD DOOR CO. INC. 275 76406
Invoice 06/30/2024 LOC# 102 SERVICE BAY DOORS AT FIRE STATION 275 BKF ENGINEERS-ACCOUNTING DEPT 3249 76407
Invoice 06/30/2024 CIP #2287 W GRAND STREETSCAPE PROJECT ENG 3249 Botella, Mayra 87 76408
Invoice 07/05/2024 2000898.002 87
Brenda Ratkay 87 76409
Invoice 07/05/2024 2000896.002 R316116th 6/30/24 RatkayB SDRfd 87 BROUGH CONSTRUCTION INC. 10640.79 76410
Invoice 06/30/2024 REPAIR WATER/SEWER BREAK ON 06/22/2024 10640.79 Burdine Printing 107.9 76411
Invoice 06/30/2024 2023 WATER QUALITY REPORTS 107.9
CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILIT 3678.42 76412 Invoice 06/30/2024 WEED ABATEMENT FOR VARIOUS LOCATIONS 3678.42 CENTRAL CST FENCE INC DBA BACKYARD IMP CTR 11.78 76413
Invoice 07/03/2024 LOC #116 4' HIGH 11GA KK FABRIC, 9 GA STEEL HO 11 .78 CHERRY WELDING & IRONWORKS 7042.11 76414
Invoice 06/30/2024 storage for new vehicle 7042.11
CIVIC PLUS 8345.8 76415
Invoice 07/10/2024 Civiv Plus_lnv 301886_Annual Fee_7-1-2024 8345.8 CSG Consultants, Inc 19478.88 76416
Invoice 06/30/2024 BLDG INSPECTIONS 6/1/24 TO 6/30/24 11452.5 Invoice 06/30{2024 BTC & FP INSPECTIONS 6/1/24 TO 6/30/24 2227.5 Invoice 06/30/2024 BP REVIEWS 6/1/24 TO 6/30/24 5798.88 DE LAGE LANDEN 227.29 76417
Invoice 07/11/2024 Lease 7/1/24 - 7/31/24 227.29
Deltina Coffee Roasters 62.5 76418
Invoice 07/10/2024 Deltina_lnv 10817 _Office Supplies_7-2-2024 62.5 DEPT OF JUSTICE ACCOUNTING OFFICE/CASHIERING UNIT 458 76419

1--

Check Report - Detail Date Range: 07/11/2024 - 07/11/2024 745143 Invoice 06/30/2024 LiveScan for June 2024 458
07/1 1/2024 Digital West 338.2 76420
132763401-001 O! Invoice 07/1 1/2024 Internet for 993 Ramona - July 2024 173.2 132766501-0010! Invoice 07/11 /2024 Internet for 1230 Trouvi lle - July 2024 165 07/11/2024 GARING TAYLOR & ASSOCIATES INC. 648 76421
20058 Invoice 06/30/2024 NCMA ZONE 3 & TG MEETINGS MAY 2024 297 20119 Invoice 06/30/2024 NCMA TG & ZONE 3 TAC MEETINGS JUNE 2024 351 07/11/2024 Glendy Satterwhite 87 76422
2000901 .002 Invoice 07/05/2024 2000901.002 GHUp 6/22/24 Saterwhite SDRfd 87 07/11/2024 GOODMAN MATTHEW 66.19 76423
07082024 Invoice 07/09/2024 reimbursement for Drone Youth Academy supplies 66.1 9 07/11 /2024 GROVER BEACH POLICE OFFICERS ASSOC. 1100 76424 INV0001126 Invoice 07/12/2024 POA Dues 55
INV0001127 Invoice 07/12/2024 POA Dues 55
INV0001128 Invoice 07/12/2024 POA Dues 55
INV0001129 Invoice 07/12/2024 POA Dues 55
INV0001130 Invoice 07/12/2024 POA Dues 55
INV0001131 Invoice 07/12/2024 POA Dues 55
INV0001132 Invoice 07/12/2024 POA Dues 55
INV0001133 Invoice 07/12/2024 POA Dues 55
INV0001134 Invoice 07/12/2024 POA Dues 55
INV0001135 Invoice 07/12/2024 POA Dues 55
INV0001136 Invoice 07/12/2024 POA Dues 55
INV0001137 Invoice 07/12/2024 POA Dues 55
INV0001138 Invoice 07/12/2024 POA Dues 55
INV0001139 Invoice 07/12/2024 POA Dues 55
INV0001140 Invoice 07/12/2024 POA Dues 55
INV0001141 Invoice 07/12/2024 POA Dues 55
INV0001142 Invoice 07/12/2024 POA Dues 55
INV0001143 Invoice 07/12/2024 POA Dues 55
INV0001144 Invoice 07/12/2024 POA Dues 55
INV0001145 Invoice 07/12/2024 POA Dues 55
07/11 /2024 J.F. Will Company, Inc. 69924.49 76425
010678 Invoice 06/30/2024 CIP 2295-1 6 CONSTRUCTION 69924.49 7/16/2024 8:35:14 AM Page 2 of 10
Check Report - Detail Date Range: 07/11/2024 - 07/11/2024 07/11/2024 Jennifer Whitespear 87 76426
2000895.002 Invoice 07/05/2024 2000895.002 R3177 16th 6/23/24 WhitespearJ SDRfd 87 07/11/2024 Kelly Powers 564 76427
7/14/24 Invoice 07/11/2024 Band for summer concerts-7-14-24 564 07/11/2024 Maverick Data Systems 250 76428
235 Invoice 07/08/2024 Warrant Builder Subscrip for Cook 24/25 250 07/11/2024 Michael K. Nunley & Associates, Inc. 5575 76429 001050000045 Invoice 06/30/2024 WATER, WASTEWATER & STORMWATER ATLAS UF 2925 001050000046 Invoice 06/30/2024 1220 LONGBRANCH AVENUE PROJECT 1640 01049999933 Invoice 06/30/2024 WATER, WASTEWATER & STORM WATER ATLAS U 1010 07/11/2024 MINERS HARDWARE 971.61 76430
538532 Invoice 06/30/2024 Fuse Auto 4.99
538966 Invoice 06/30/2024 SUPPLIES FOR WELL# 1 51 .23
538967 Invoice 06/30/2024 LOC# 107 CORP YARD REMOTE GARAGE KEYCHAII 163.09 539009 Invoice 06/30/2024 SUPPLIES FOR WELL #1 45.64
539011 Invoice 06/30/2024 MISC. SUPPLIES FOR CITY PARKS 55.07 539015 Invoice 06/30/2024 SUPPLIES FOR WELL #1 76.05
539057 Invoice 06/30/2024 SUPPLIES FOR WELL #1 8.69
539268 Invoice 06/30/2024 LOC# 111 SUPPLIES FOR GROVER HEIGHTS PARK 1.21 539300 Invoice 06/30/2024 LOC# 111 SUPPLIES FOR GROVER HEIGHTS PARK 4.89 539337 Invoice 06/30/2024 LOC# 111 SUPPLIES FOR GROVER HEIGHTS PARK 9.78 539383 Invoice 06/11/2024 SUPPLIES FOR WELL #4 13.04
539413 Invoice 06/30/2024 LOC# 105 WALL CLOCK FOR RAMONA CENTER 16.3 539602 Invoice 06/30/2024 SUPPLIES FOR WELL #1 30.38
539693 Invoice 06/30/2024 SUPPLIES FOR TANK #3 55.43
539825 Invoice 06/30/2024 STREET SIGN SUPPLIES 48.92
539865 Invoice 06/30/2024 MISC. SUPPLIES FOR PARKS 10.86 540020 Invoice 06/30/2024 LOC# 102 FIRE STATION LIGHTING SUPPLIES 47.33 540058 Invoice 06/30/2024 LOC# 105 RAMONA TOILET REPAIR SUPPLIES 7.6 540148 Invoice 06/30/2024 STREET SIGNAGE SUPPLIES 47.76 540228 Invoice 06/30/2024 LOC# 109 16TH STREET PARK SUPPLIES 3.25 540347 Invoice 06/30/2024 LOC# 100 & 102 REPLACEMENT LIGHTS 29.33 540455 Invoice 06/30/2024 LOCKS FOR CLOSED UB ACCOUNTS 10.86 540473 Invoice 06/30/2024 SHOP SUPPLIES 18.47
540565 Invoice 06/30/2024 LOC# 103 TRAIN STATION SIGNAGE SUPPLIES 13.03 7/ 16/ 2024 8:35:14 AM Page 3 of 10
Check Report - Detail Date Range: 07/11/2024 - 07/11/2024 540661 Invoice 06/30/2024 LOC# 100 CITY HALL KITCHEN LIGHT 21.74 540741 Invoice 06/30/2024 LOC# 107 CORP YARD ELECTRICAL SUPPLIES 16.63 K38851 Invoice 06/30/2024 LOC# 107 CORP YARD SUPPLIES 50 K38853 Invoice 06/30/2024 WATER TANK SUPPLIES 84.89
K38858 Invoice 06/30/2024 WATER SUPPLIES 5.63
K38873 Invoice 06/30/2024 WATER TANK SUPPLIES 18.02
K38882 Invoice 06/30/2024 Fasteners 1.5
07/11/2024 MISSION LINEN SUPPLY SAP #110035 241 .62 76432 521565365 Invoice 05/09/2024 521565365 mat and mop service GBCC 241 .62 07/11/2024 MNS Engineers, Inc. 94873.1 76433
86448 Invoice 06/30/2024 2295-16 PROFESSIONAL SERVICES APRIL 2024 55680.7 86646 Invoice 06/30/2024 2295-16 PROFESSIONAL SERVICES MAY 2024 39192.4 07/11/2024 North Coast Engineering, Inc. 3460 76434
45190 Invoice 06/30/2024 2295-16 PROFESSIONAL SERVICES JUNE 2024 3460 07/11/2024 Nviro 322.5 76435
3958 Invoice 06/30/2024 WELL 3 INVESTIGATE SERVICE CODE ON ENGINE< 322.5 07/11/2024 Office Depot 85.89 76436
371326669001 Invoice 06/30/2024 Office Supplies 85.89
07/11/2024 Omni-Means C/O GHD, Inc. 2828.75 76437
380-0052793 Invoice 06/30/2024 401 W. GRAND AVE PROFESSIONAL SERVICES THF 2828.75 07/11/2024 Patel, Jean 268 76438
2000899 .. 002 Invoice 07/05/2024 2000899 .. 002 3195 GBCC 6/26/24 SDRfd 268 07/11/2024 PITNEY BOWES INC. 424.8 76439
3106728953 Invoice 06/30/2024 Postage Machine Lease 3/30/24-6/30/24 424.8 07/11/2024 Ready Refresh by Nestle 320.55 76440
04F0900025271 Invoice 06/30/2024 Bottled water for City Hall- June 2024 320.55 07/11/2024 RICH ROLSON 650 76441
7/14/24 Invoice 07/11 /2024 Sound system for summer concert 7/14/24 650 07/11/2024 SAN LUIS OBISPO CO SHERIFF'S OFFICE 750 76442 136-464 Invoice 06/30/2024 FY 23/24 Range Use more than 5 750 07/11/2024 SCOTT VELMA 87 76443
2000900.002 Invoice 07/05/2024 2000900.002 87
7/ 16/ 2024 8:35:14 AM Page 4 of 10
Check Report - Detail Date Range: 07/11/2024- 07/11/2024 07/11/2024 STATE DISBURSEMENT UNIT 250 76444
INV0001146 Invoice 07/12/2024 Employee Garnishment 250
07/11/2024 Threadhead, Inc. 216 76445
15961 Invoice 07/05/2024 15961 kids shirts Grover Beach 216 07/11/2024 TRACI PIMENTEL 87 76446
2000897.002 Invoice 07/05/2024 2000897.002 16th 6/22/24 PimentelT SDRfd 87 07/11/2024 UNIVAR USA INC 3011.18 76447
52233467 Invoice 07/07/2024 SOD HYPO 12.5% LIQUICHLOR MNBULK 989.63 52233468 Invoice 07/08/2024 CAUSTIC SODA 30% MNBULK 2021.55 07/11/2024 US BANK CORPORATE PAYMENT SYSTEMS 22291 .43 76448 00103582006240 Invoice 06/30/2024 Employee credit card charges 57.05 00103582905240 Invoice 06/30/2024 Employee credit card charges 51.45 00256005400262 Invoice 06/30/2024 Employee credit card charges 35.99 010166/052284 Invoice 06/30/2024 Employee credit card charges 5.39 04165-16873872 Invoice 06/30/2024 Employee credit card charges 40 04f6706838078 Invoice 06/30/2024 Employee credit card charges 160.08 05272024 Invoice 06/30/2024 Employee credit card charges 72.99 061324RR Invoice 06/30/2024 Employee credit card charges 40.47 06172024 Invoice 06/30/2024 Employee credit card charges 192 06202024 Invoice 06/30/2024 Employee credit card charges 2.99 062024 Invoice 06/30/2024 Employee credit card charges 95.68 062124 Invoice 06/30/2024 Employee credit card charges 2.99 111129VinaIBanr Invoice 06/04/2024 Employee credit card charges 105.6 111 -2034254-298 Invoice 06/30/2024 Employee credit card charges 56.3 111-3050028-156 Invoice 06/30/2024 Employee credit card charges 202.26 111-4132379-596 Invoice 06/30/2024 Employee credit card charges 108.06 111-6979395-506 Invoice 06/30/2024 Employee credit card charges 183.79 111-9683803-119 Credit Memo 06/30/2024 Employee credit card charges -887.4 11200854246381 Invoice 05/28/2024 Employee credit card charges 138.65 11200961319349 Invoice 05/28/2024 Employee credit card charges 46.52 11202030797931 Invoice 06/13/2024 Employee credit card charges 74.62 11209629199901 Invoice 05/21/2024 Employee credit card charges 56.74 11219273837846 Invoice 06/10/2024 Employee credit card charges 293.57 1122174730881 1 Invoice 06/03/2024 Employee credit card charges 73.27 11238614281040 Invoice 05/28/2024 Employee credit card charges 34.75 7/ 16/ 2024 8:35:14 AM Page 5 of 10
Check Report - Detail Date Range: 07/11/2024 - 07/11/2024 11239655241041 Invoice 05/21 /2024 Employee credit card charges 130.49 11242025446082 Invoice 05/21/2024 Employee credit card charges 42.59 11263113542163 Invoice 06/13/2024 Employee credit card charges 70.65 11283419375300 Invoice 06/14/2024 Employee credit card charges 383.82 113-3843972-261 Invoice 06/30/2024 Employee credit card charges 23.97 11376 Invoice 06/30/2024 Employee credit card charges 150 114-2272911-013 Invoice 06/30/2024 Employee credit card charges 412.73 12405306192c04 Invoice 06/30/2024 Employee credit card charges 35.32 12406046192b04 Invoice 06/30/2024 Employee credit card charges 94.87 12406196192c04 Invoice 06/30/2024 Employee credit card charges 14.73 16625992Stickeri Invoice 06/04/2024 Employee credit card charges 260.28 1726032581 Invoice 06/30/2024 Employee credit card charges 19.21 2024cvciaa Invoice 06/30/2024 Employee credit card charges 50 23126 35579 Invoice 06/30/2024 Employee credit card charges 912.88 23548 35579 Invoice 06/30/2024 Employee credit card charges 469.45 30414718814208 Invoice 06/30/2024 Employee credit card charges 95.9 3232SCS Invoice 06/30/2024 Employee credit card charges 500 368380040-001 Invoice 06/05/2024 Employee credit card charges 145.1 417200008095 Invoice 06/30/2024 Employee credit card charges 211 .73 53124 gas Chevr, Invoice 05/31 /2024 Employee credit card charges 39.59 57gba38y Invoice 06/30/2024 Employee credit card charges 349.49 6/21 /24 Invoice 06/30/2024 Employee credit card charges 35 677318 Invoice 06/30/2024 Employee credit card charges 266.98 731435723 Invoice 06/30/2024 Employee credit card charges 102.16 88874 Invoice 06/30/2024 Employee credit card charges 3805.17 ~ Invoice 06/30/2024 Employee credit card charges 500
AutoZone6.18.24 Invoice 06/18/2024 Employee credit card charges 4.88 Chevron6.16.24 Invoice 06/16/2024 Employee credit card charges 6.51 Chevron6.23.24 Invoice 06/23/2024 Employee credit card charges 6.51 Chevron6.9.24 Invoice 06/09/2024 Employee credit card charges 6.51 CM0000053 Credit Memo 06/17/2024 Employee credit card charges -253.35 Dollar Tree 6.73 Invoice 06/30/2024 Employee credit card charges 6.73 E0100S9L84 Invoice 06/30/2024 Employee credit card charges 30 E0100S9L85 Invoice 06/30/2024 Employee credit card charges 1635.8 E0100S9N7I Invoice 06/30/2024 Employee credit card charges 40 E0100S9N7J Invoice 06/30/2024 Employee credit card charges 200 7/ 16/ 2024 8:35: 14 AM Page 6 of 10
Check Report - Detail Date Range: 07/11/2024 - 07/11/2024 E0100S9O9H Invoice 06/30/2024 Employee credit card charges 12.5 E0100S9OSH Invoice 06/30/2024 Employee credit card charges 528 E0100S9OUY Invoice 06/30/2024 Employee credit card charges 760 ECM300413268 Invoice 05/23/2024 Employee credit card charges 357.24 El Guero 110.92 Invoice 06/30/2024 Employee credit card charges 110.92 GB Mini Storage • Invoice 06/30/2024 Employee credit card charges 120 Grand Liquor 9.0: Invoice 06/18/2024 Employee credit card charges 9.03 Groce!}'.34.98 Invoice 06/10/2024 Employee credit card charges 34.98 Groce!}'.O6324 Invoice 06/03/2024 Employee credit card charges 85.41 Heartsmart 526.3 Invoice 06/30/2024 Employee credit card charges 526.35 INV0001066 Invoice 06/30/2024 Employee credit card charges 400 INV0001067 Invoice 06/30/2024 Employee credit card charges 41 .98 INV0001068 Invoice 06/30/2024 Employee credit card charges 1674.75 INV0001069 Invoice 06/30/2024 Employee credit card charges 375 INV0001070 Invoice 06/30/2024 Employee credit card charges 650 INV0001071 Invoice 06/30/2024 Employee credit card charges 23.48 INV0001072 Invoice 06/30/2024 Employee credit card charges 29.04 INV0001073 Invoice 06/30/2024 Employee credit card charges 288.82 INV0001074 Invoice 06/30/2024 Employee credit card charges 50.71 INV0001075 Invoice 06/30/2024 Employee credit card charges 5.25 INV0001076 Invoice 06/30/2024 Employee credit card charges 8.54 INV0001077 Invoice 06/30/2024 Employee credit card charges 12.16 INV0001078 Invoice 06/30/2024 Employee credit card charges 15.99 INV0001079 Invoice 06/30/2024 Employee credit card charges 16.15 INV0001080 Invoice 06/30/2024 Employee credit card charges 12.01 INV0001081 Invoice 06/30/2024 Employee credit card charges 4.13 INV0001082 Invoice 06/30/2024 Employee credit card charges 3.45 INV0001083 Invoice 06/30/2024 Employee credit card charges 650 INV0001084 Invoice 06/30/2024 Employee credit card charges 650 INV0001085 Invoice 06/30/2024 Employee credit card charges 650 INV0001086 Invoice 06/30/2024 Employee credit card charges 650 INV0001087 Invoice 06/30/2024 Employee credit card charges 9.62 INV0001088 Invoice 06/30/2024 Employee credit card charges 9.2 INV0001089 Invoice 06/30/2024 Employee credit card charges 36 INV0001090 Invoice 06/30/2024 Employee credit card charges 4.51 INV0001091 Invoice 06/30/2024 Employee credit card charges 11 7/16/2024 8:35:14 AM Page 7 of 10
Check Report - Detail Date Range: 07/11/2024 - 07/11/2024 INV0001092 Invoice 06/30/2024 Employee credit card charges 22.82 INV0001093 Invoice 06/30/2024 Employee credit card charges 11 .24 INV0001094 Invoice 06/30/2024 Employee credit card charges 3 INV0001095 Invoice 06/30/2024 Employee credit card charges 11 .12 INV0001096 Invoice 06/30/2024 Employee credit card charges 392.43 INV0001097 Invoice 06/30/2024 Employee credit card charges 3.25 INV0001098 Invoice 06/30/2024 Employee credit card charges 8.25 INV0001099 Invoice 06/30/2024 Employee credit card charges 15.24 INV0001100 Invoice 06/30/2024 Employee credit card charges 5.08 INV0001101 Invoice 06/30/2024 Employee credit card charges 99.96 INV0001102 Invoice 06/30/2024 Employee credit card charges 10.98 INV0001103 Invoice 06/30/2024 Employee credit card charges 4.5 INV0001104 Invoice 06/30/2024 Employee credit card charges 5.08 Miners6.12.24 Invoice 06/12/2024 Employee credit card charges 24.34 Miners6.17.24 Invoice 06/30/2024 Employee credit card charges 17.39 Miners6.6.24 Invoice 06/06/2024 Employee credit card charges 58.69 Miners6.8.24 Invoice 06/08/2024 Employee credit card charges 84.79 MISAC Invoice 06/30/2024 Employee credit card charges 130 qwxwkyqp Invoice 06/30/2024 Employee credit card charges 175 r604341318 Invoice 06/30/2024 Employee credit card charges 90.26 ReMarkable Conr Invoice 06/30/2024 Employee credit card charges 2.99 ReMarkable Conr Invoice 06/30/2024 Employee credit card charges 2.99 ReMarkable Conr Invoice 06/30/2024 Employee credit card charges 2.99 Smart & Final 36. Invoice 06/30/2024 Employee credit card charges 36.82 Trader Joes 29.3: Invoice 06/18/2024 Employee credit card charges 29.33 vpvt9u3py654886 Invoice 06/30/2024 Employee credit card charges 128.62 Walmart.6424Tut Invoice 06/04/2024 Employee credit card charges 27.89 Walmart6.1 3.24 Invoice 06/13/2024 Employee credit card charges 10.65 07/11/2024 Verdin Marketing Ink, Co. 3732.26 76456
INV0001115 Invoice 06/30/2024 Verdin_lnv 11792_social media strategy_ 4-30-2024 3732.26 07/11/2024 VERIZON WIRELESS 2430.82 76457
9966779453 Invoice 06/30/2024 PW WIRELESS PHONE SERVICES 05/17/24-06/17/20. 587.8 9967613076 Invoice 06/30/2024 phone stmt, 5/27/24 to 6/26/24 1759.24 9967613077 Invoice 06/30/2024 Charges 5/27/24 - 6/26/24 83.78 07/11/2024 WALLACE GROUP 4855.48 76458
7/ 16/ 2024 8:35:14 AM Page 8 of 10
Check Report - Detail
62411
62656
62681
7/16/2024 8:35:14 AM
Invoice
Invoice
Invoice
06/30/2024
06/30/2024
06/30/2024
FOG PROGRAM ADMINISTRATION SERVICES MAY ;
MAP CHECKING & MISC SURVEY - G. MARCHENKO

FOG PROGRAM ADMINISTRATION SERVICES JUNE
Date Range: 07/11/2024- 07/11/2024
1097.78
1330
2427.7

Check Report - Summary Date Range: 07/11/2024 - 07/11/2024 All Bank Codes Check Summary
Payable Payment
Payment Type Count Count Discount Payment
Regular Checks 230 45 0.00 274,549.34
Manual Checks 0 0 0.00 0.00
Voided Checks 0 0 0.00 0.00
Bank Drafts 0 0 0.00 0.00
EFT's 0 0 0.00 0.00
230 45 0.00 274,549.34
7/16/2024 8:35:14 AM Page 10 of 10

ACCOUNTS PAYABLE
CHECK DATE 7/18/2024
07/18/2024
INV0001112
07/18/2024
5509303148
City of Grover Beach
154 S. 8th Street
Grover Beach , CA 93433
AGPVideo
Invoice 06/30/2024

AIRGAS USA LLC
Invoice 06/30/2024
APG_lnv 9505_CC mtgs_6-10 & 6-24_7-9-2024

ACETYLENE, ARGON, OXYGEN RENT CYL
07/18/2024 ALLAN HANCOCK COLLEGE SOUTH SANTA MARIA CAMPUS S0022024 Invoice 07/1 7/2024 Smiley - duty gear, ammo enroll fee S0022024 FY23-: Invoice 06/30/2024 Casti llo Mat fee, Scherrer Mat fee LE371 07/18/2024 AMAZON CAPITAL SERVICES
1 CL6-9VXN-NXF1 Invoice 07/14/2024 EXTENSION CORDS
1 NCL-9Y6L-399J Invoice 06/30/2024 GORECYCLE SMALL BATTERY BOX 1 PQC-Q4WF-NN Invoice 06/30/2024 HEARTSTART AED DEFIBRILLATOR BATTERY 07/18/2024 Anna Lanier
ReimbAnnaTn1 • Invoice 07/17/2024 ReimbAnnaTT71724
07/18/2024 ARROYO GRANDE CHEVROLET
19789 Invoice 07/16/2024 Unit 204, hose, coolant
ctcs68095 Invoice 07/16/2024 Unit 202, engine light diagnostic 07/18/2024 AT&T
7/7/24 Invoice 07/1 7/2024 Alarm Circuits 7/7/24 - 8/6/24 07/18/2024 BRENNTAG PACIFIC INC.

BPl444003 Invoice 07/1 1/2024 AQUAPURE
07/18/2024 Bryan Millard
071524 Invoice 07/16/2024 per diem, POST Master Instructor 8/5/24 07/18/2024 California Rural Water Association
CRWA - C. Bense Invoice 07/1 7/2024 DISTRIBUTION 1-2 TRAINING - C. B CRWA - J. ChavE Invoice 07/17/2024 DISTRIBUTION 1-2 TRAINING - J. C CRWA - J. Rome Invoice 07/17/2024 DISTRIBUTION 1-2 TRAINING - J. R CRWA - K. Benn, Invoice 07/17/2024 DISTRIBUTION 1-2 TRAINING - K. B CRWA - L. HendE Invoice 07/17/2024 DISTRIBUTION 1-2 TRAINING - L. H CRWA - R. Cox Invoice 07/17/2024 DISTRIBUTION 1-2 TRAINING - R. C 07/18/2024 CANNON CORP
7/ 18/ 2024 11:39:01 AM
Check Report
By Check Number
Date Range: 07/ 18/2024 - 07/18/ 2024
1790 76462
1790
161 .88 76463
161.88
1322.29 76464
1036.6
285.69
335.11 76465

86.08 43.49
205.54
103 76466
103
496.63 76467
303.86
192.77
126.28 76468
126.28
3325.5 76469
3325.5
207 76470
207
1650 76471
275
275
275
275
275
275
38263 76472

Check Report - Detail
Invoice 06/30/2024 CIP 2287 W GRAND - SERVICES THROUGH 6/30/202 07/18/2024 CHRIS STALLINGS
1264 Capitola Ca Invoice 07/10/2024 1264 CAPITOLA CASH FOR GRASS 07/18/2024 CONFLUENCE ENGINEERING SOLUTIONS, INC
1170 Invoice 06/1 1/2024 DOW COMPLIANCE SUPPORT 5/1/24 TO 5/31/24 07/18/2024 COUNTY OF SAN LUIS OBISPO ENVIRONMENTAL HEAL TH SER IN0150585 Invoice 06/30/2024 MARCH-APRIL 2024 CROSS-CONNECTION CONTRO 07/18/2024 COUNTY OF SLO DEPARTMENT OF SOCIAL SERVICES
905 S 9th Payoff Invoice 06/30/2024 905 S 9TH PAYOFF
07/18/2024 Crosstown California Holdings LLC/90nine Bridge Co. 7-17-24 Invoice 06/30/2024 Fy22-23 Audit Findings Refund 07/18/2024
07/18/2024
2019-11742
07/18/2024
3515
07/18/2024
20530
20555
Dimes Media Corporation
Invoice 07/1 7/2024
DroneSense Inc
Invoice 07/16/2024
Duke's Root Control, Inc
Invoice 05/31/2024

ELECTRIC RAFT
Invoice
Invoice
07/12/2024
07/12/2024
07/18/2024 Fastenal Company
CABAR131373 Invoice 07/12/2024
3192 Radio Advertise concerts June 2024
viewer pack, 3 license
HOUSE LATERAL, 6" & 8" PIPE SEWER ROOT CONT
WELL #4 ELECTRICAL PANEL WORK
LOC #100 SERVICE CALL 7/9/2024
AA PROCELL ALK BTRY, STLITH2032TEARSTP
07/18/2024 FIRST AMERICAN TITLE COMPANY
718-718115767 Invoice 05/30/2024
07/18/2024 GRAND AWARDS
Invoice 07/16/2024
07/18/2024 Greg Ray
G. Ray Reimburs Invoice 07/10/2024
07/18/2024 GSI Water Solutions, Inc
00672.010-10 Invoice 06/30/2024
00672.010-9 Invoice 06/12/2024
07/18/2024 Hamner Jewell Associates
7/ 18/ 2024 11 :39 :01 AM
CDBG-2022 RAMONA PARK
Walnut Desk Wedge - Munro Chief of Police
G. RAY - CWAT MEETING SLO LIBRARY COMMUNIT
NCMA 2023 ANNUAL REPORT - 6/1 TO 6/30/24
NCMA ANNUAL REPORT - 5/1 TO 5/31/2024
Date Range: 07/18/2024 - 07/18/2024
38263
750
750
5643.75
5643.75
1929.9
1929.9
81051 .95
81051 .95
313.19
313.19
299
299
5232
5232
5347.16
5347.16
3013.89
2838
175.89

43.33 43.33
500
500

56.57 56.57
5 5
7092.24
2416.8
4675.44
1106.97
76473
76474
76475
76476
76477
76478
76479
76480
76481
76482
76483
76484
76485
76486
76487

Check Report - Detail Date Range: 07/1 8/2024 - 07/18/2024 203835 Invoice 06/30/2024 CORP YARD EXPANSION PROF. SERVICES THROU< 1106.97 07/18/2024 J.B. DEWAR INC. 4620.5 76488
334449 Invoice 07/17/2024 gas stmt 7/1/24 to 7/15/24 3225.76 334450 Invoice 07/17/2024 Gasoline charges for PW vehicles 1394.74 07/18/2024 Lozano Smith, LLP 33883.1 76489
INV0001154 Invoice 06/30/2024 Lozano Smith_lnv 2221398-2221408_6-30-2024 33883.1 07/18/2024 MAINLINE UTILITY COMPANY 1000 76490
5744 Invoice 06/30/2024 CIP 2287 VI DEO INSPECTION RCP STROM DRAIN 1000 07/18/2024 Michael K. Nunley & Associates, Inc. 25817.19 76491 001050000044 Invoice 06/30/2024 PW ASSET MANAGEMENT 3038.5 001050000058 Invoice 06/30/2024 CIP #4391 WATER RESERVOIR TANK REHAB 17742.5 001050000068 Invoice 06/30/2024 CIP 5002 & CIP 2287 SEWER SYSTEM 5036.19 07/18/2024 MINERS HARDWARE 71 .66 76492
539386 Invoice 06/30/2024 keys for 45 Newport 43.41
540073 Invoice 06/30/2024 gorilla tape 28.25
07/18/2024 MISSION LINEN SUPPLY SAP #110035 241 .62 76493 521740453 Invoice 06/06/2024 521740453 Mat & mop service GBCC 6/6/24 241 .62 07/18/2024 Natural Healing Center 1909.66 76494
7-17-24 Invoice 06/30/2024 FY22-23 Audit Findings Refund 1909.66 07/18/2024 New Times 1792 76495
INV0001156 Invoice 06/30/2024 NewTimes_lnv 36801 3_6-30-24 290 INV0001157 Invoice 06/30/2024 New Times_lnv 368251 _Newspaper Ads_6-30-24 571 INV0001158 Invoice 06/30/2024 New Times_lnv 368487 _Newspaper AD_6-30-24 290 INV0001159 Invoice 06/30/2024 New Times_lnv 368709_newpaper ad_6-30-24 173 INV0001161 Invoice 07/17/2024 New Times_lnv 369280_Newspaper Ads_7-11-2024 468 07/18/2024 Omni-Means C/O GHD, Inc. 1750.5 76496
380-0054329 Invoice 07/11/2024 401 W GRAND PROFESSIONAL SERVICES THRU 7/1 1750.5 07/18/2024 PACIFIC GAS AND ELECTRIC 605.3 76497
7/9/24 Invoice 06/30/2024 Public Works Electric Charges 6/8/24-7/6/24 605.3 07/18/2024 PETTY CASH-MEGAN MARTIN COMMUNITY DEVELOPMENT 17.22 76498 Office Depot 17.2 Invoice 06/30/2024 WHITE FOAM BOARD 17.22 07/1 8/2024 Pro Force Law Enforcement 1189.53 76499
7/18/ 2024 11: 39:01 AM Page 3 of 6
Check Report - Detail Date Range: 07/1 8/2024 - 07/18/2024 553244 Invoice 07/16/2024 26 Rifle Slings 1189.53
07/18/2024 Ready Refresh by Nestle 387.51 76500
04F0900006669 Invoice 06/30/2024 WATER GALLONS 6/1/24 TO 6/30/24 387.51 07/18/2024 Reyes, Roy 864 76501
SoutKool72124 Invoice 07/17/2024 SoutKool72124 Summer concerts 864 07/18/2024 RICH ROLSON 650 76502
Sound72124SC Invoice 07/1 7/2024 Sound72124SC Band Soul Kool 650 07/18/2024 Roman Mercado 87 76503
2000903.002 Invoice 07/1 7/2024 2000903.002 MercadoR 6/30/24 GHLow SDRfd 87 07/18/2024 Roy Minder 124 76504
2000904.002 Invoice 07/17/2024 2000904.002 16th ST 7/6/24 Minder SDRfd 87 2000905.002 Invoice 07/1 7/2024 2000905.002 16th 7/6/24 BHouse cancelled 37 07/18/2024 SAFETY-KLEEN SYSTEMS INC. 203.5 76505
94692703 Invoice 06/30/2024 FU EL, CHEMISTRY, EXTENDED SERVICE, 30G WAS 203.5 07/18/2024 SCA of CA, LLC 6152.72 76506
74102VS Invoice 06/30/2024 STREET SWEEPING - JUNE 2024 6152.72 07/18/2024 Schilder,Nancy 75 76507
Refund 7/24 Skat Invoice 07/17/2024 Refund 7/24 Skate - cancelled 75 07/18/2024 SENTINEL SECURITY SOLUTIONS, Inc 299.7 76508 90535 Invoice 07/12/2024 LOC #104 FIRE MONITORING 179.85 90536 Invoice 07/1 2/2024 LOC #104 ALARM MONITORI NG 119.85 07/18/2024 SIJ Holdings, LLC Dba MCCLATCHY SHARED SVCS LLC 874.72 76509 INV0001155 Invoice 06/30/2024 McClatchy_ Tribune_lnv 257470_6-30-2024 874.72 07/18/2024 Silver Eagle Investments 50 76510
24-1494 Invoice 06/30/2024 June 2024 5 Car Washes 50
07/18/2024 SOUTHERN CALIF GAS CO 254.88 7651 1
7/11 /24 Invoice 07/17/2024 Gas charges for City Facil ities 6/9/24-7/10/24 254.88 07/18/2024 STREATOR PIPE & SUPPLY 344.65 76512
S 1746735-001 Invoice 06/30/2024 METERING VALVLE, FAUCET, FILTER 344.65 07/18/2024 TERMINIX PROCESSING CENTER 188.32 76513
448778611 Invoice 07/02/2024 LOC #114 PEST CONTROL 188.32 07/18/2024 THE LINCOLN NATIONAL LIFE INSURANCE CO 2546.64 76514 7/ 18/ 2024 11:39:01 AM Page 4 of 6
Check Report - Detail Date Range: 07/18/2024 - 07/18/2024 Aug 2024 Invoice 07/17/2024 Aug 2024 - Employee insurance premiums 2546.64 07/18/2024 Tripepi, Smith & Associates, Inc. 6957.32 76515 INV0001162 Invoice 07/1 7/2024 Tripepi Smith _Inv 12723_Retainer_7-15-2024 6827.32 INV0001163 Invoice 06/30/2024 Tripepi Smith_lnv 12767 _ Translation Svcs_6-30-24 130 07/18/2024 Tyler Technologies, Inc 11165 76516
025-468964 Invoice 06/30/2024 Stage 2 11 165
07/18/2024 Union Pacific Railroad 5373.23 76517
INV0001160 Invoice 07/17/2024 UPRC_Lease-Rent_Bill 333641896_7-16-24 5373.23 07/18/2024 Verdin Marketing Ink, Co. 3932.95 76518
INV0001116 Invoice 06/30/2024 Verdin_lnv 11 1877 _website-social media_6-30-2024 3932.95 07/18/2024 Vestis Group, Inc 758.51 76519
5020567570 Invoice 06/30/2024 UNIFORM SERVICES 216.54
5020572379 Invoice 06/30/2024 UNIFORM SERVICES 188.95
5020577241 Invoice 06/30/2024 UNIFORM SERVICES 169.01
5020582095 Invoice 06/30/2024 UNIFORM SERVICES 184.01
07/18/2024 Vital Records Holdings, LLC 195.41 76520
4344460 Invoice 07/17/2024 July 2024 -Document storage 195.41 07/18/2024 Water Systems Consulting, Inc. 5286.4 76521
9545-GB Invoice 05/31/2024 MANAGEMENT AGREEMENT SERVICES 5/1 TO 5/31, 583.2 9546-GB Invoice 05/31/2024 NCMA TG STAFF EXTENSION 5/1 TO 5/31/24 2556.4 9719-GB Invoice 06/30/2024 NCMA STAFF EXTENSION 6/1 TO 6/30/2024 2146.8 07/18/2024 Willdan 3539 76522
010-58606 Invoice 06/1 0/2024 REFINE ANALYSIS AND MEET WITH DEVELOPERS 3539 07/18/2024 Zero Waste USA/ZA USA, Inc 600.76 76523
718347 Invoice 07/1 0/2024 THE MITTN BAG - 2000 BAGS 600.76 7/ 18/ 2024 11 :39:01 AM Page 5 of 6
Check Report - Summary Date Range: 07/18/2024 - 07/18/2024 All Bank Codes Check Summary
Payable Payment
Payment Type Count Count Discount Payment
Regular Checks 89 62 0.00 283,975.14
Manual Checks 0 0 0.00 0.00
Voided Checks 0 0 0.00 0.00
Bank Drafts 0 0 0.00 0.00
EFT's 0 0 0.00 0.00
89 62 0.00 283,975.14
7/18/2024 11 39·01 AM Page 6 of 6

ACCOUNTS PAYABLE
CHECK DATE 7/25/2024
Check Report
City By Check Number of Grover Beach
154 S. 8th Street Date Range : 07/25/2024 - 07/25/2024
Grover Beach, CA 93433
07/25/2024 AFLAC 691.68 76524
July 2024 Invoice 07/24/2024 July 2024- AFLAC premiums 691 .68 07/25/2024 Allweather Landscape Inc 1667.85 76525
2415 Invoice 07/15/2024 LOC# 112 MENTONE PARK IRRIGATION REPAIRS 629.35 2428 Invoice 07/16/2024 LOC# 109 16TH STREET PARK IRRIGATION REPAIR! 638.5 51958 Invoice 07/16/2024 GRAND AVENUE MEDIANS IRRIGATION REPAIRS 400 07/25/2024 AMAZON CAPITAL SERVICES 104.5 76526
1 GVR-11 HC-Q\/'1 Invoice 07/24/2024 1 GVR-11 HC-QVYV - Office Supplies 59.94 1 P4M-V7XQ-QM· Invoice 07/24/2024 1P4M-V7XQ-QM14 44.56
07/25/2024 Anna Lanier 1242.5 76527
TT.Anna.072024 Invoice 07/24/2024 TT.Anna.072024 1242.5 07/25/2024 AUTO ZONE INC 198.24 76528
4021774060 Invoice 07/24/2024 Unit 204, refrigerant 118.28 4021774064 Invoice 07/24/2024 Unnit 221 BearCat, refrigerant 79.96 07/25/2024 Brand Creative 749.99 76529
7374 Invoice 07/24/2024 Chiefs office sign 749.99
07/25/2024 Burdine Printing 8.36 76530
50187ST Invoice 07/24/2024 SALES TAX MISSED ON INVOICE 50187 8.36 07/25/2024 Caleb Scherrer 562.92 76531
07222024 Invoice 07/24/2024 lodging per diem Avata Tac Operators Trn 8/15/24 562.92 07/25/2024 California Rural Water Association 275 76532 M. Miranda D 1-2 Invoice 07/24/2024 Michael Miranda Distribution Certification Review 275 07/25/2024 Capri Specialty Painting 1080 76533
07182024 Invoice 07/24/2024 paint Chiefs Office 1080
07/25/2024 Ceirra Miller 87 76534
2000908.002 Invoice 07/24/2024 2000908.002 R3229 7/14/24 GHUp SDRfd 87 07/25/2024 Central Coast Balboa 700 76535
CFS.Balboa.072( Invoice 07/24/2024 CFS.Balboa.072024 700 07/25/2024 Central Coast Party Factory, LLC 1400 76536
7/ 25/ 2024 11 :20:00 AM Page 1 of 5
Check Report - Detail Date Range: 07/25/2024 - 07/25/2024 3792 Invoice 07/24/2024 3792 Bounce house 6/9/24 Summer Concerts 200 3793 Invoice 07/24/2024 3793 Bounce house summer concerts 6/16/24 200 3794 Invoice 07/24/2024 3794 Bounce House 7/7/24 200
3795 Invoice 07/24/2024 3795 bounce house summer concerts 6/23/24 200 3796 Invoice 07/24/2024 3796 Bounce house 6/30/24 200
3797 Invoice 07/24/2024 3797 Bounce House 7/14/24 200
3800 Invoice 07/24/2024 3800 Bounce House 7/21/24 200
07/25/2024 Charlotte L Ritter 196.7 76537
CFS.Charlotte.07 Invoice 07/24/2024 CFS.Charlotte.072024 196.7 07/25/2024 CITY OF GROVER BEACH WATER DEPT. 13681.41 76538 7/1/24 Invoice 06/30/2024 City Water Accounts 5/1/24-7/1/24 13681.41 07/25/2024 DE LAGE LANDEN 67.43 76539
587931181 Invoice 07/24/2024 Cannabis copier lease July 2024 67.43 07/25/2024 DE LAGE LANDEN 393.69 76540
587932253 Invoice 07/24/2024 Records copier lease July 2024 393.69 07/25/2024 DE LAGE LANDEN 217.48 76541
588018667 Invoice 07/24/2024 Laserfiche lease 7/15/24 to 8/14/24 217.48 07/25/2024 EXECUTIVE JANITORIAL INC. 6010 76542
89546 Invoice 07/22/2024 LOC# 107 JULY 2024 JANITORIAL SERVICES 500 89547 Invoice 07/22/2024 LOC# 100 & 101 JULY 2024 JANITORIAL SERVICES 2650 89548 Invoice 07/22/2024 LOC# 103 JULY 2024 JANITORIAL SERVICES 2860 07/25/2024 FRANCHISE TAX BOARD 554.01 76543
INV0001195 Invoice 07/26/2024 Franchise Tax Board Garnishment 554.01 07/25/2024 Gerald Purify 1300 76544
VibeSetter72824. Invoice 07/24/2024 VibeSetter72824.SC 1300 07/25/2024 GROVER BEACH POLICE OFFICERS ASSOC. 1100 76545 INV0001174 Invoice 07/26/2024 POA Dues 55
INV0001175 Invoice 07/26/2024 POA Dues 55
INV0001176 Invoice 07/26/2024 POA Dues 55
INV0001177 Invoice 07/26/2024 POA Dues 55
INV0001178 Invoice 07/26/2024 POA Dues 55
INV0001179 Invoice 07/26/2024 POA Dues 55
INV0001180 Invoice 07/26/2024 POA Dues 55
INV0001181 Invoice 07/26/2024 POA Dues 55
7/ 25/ 2024 11:20:00 AM Page 2 of 5
Check Report - Detail Date Range: 07/25/2024 - 07/25/2024 INV0001182 Invoice 07/26/2024 POA Dues 55
INV0001183 Invoice 07/26/2024 POA Dues 55
INV0001184 Invoice 07/26/2024 POA Dues 55
INV0001185 Invoice 07/26/2024 POA Dues 55
INV0001186 Invoice 07/26/2024 POA Dues 55
INV0001187 Invoice 07/26/2024 POA Dues 55
INV0001188 Invoice 07/26/2024 POA Dues 55
INV0001189 Invoice 07/26/2024 POA Dues 55
INV0001190 Invoice 07/26/2024 POA Dues 55
INV0001191 Invoice 07/26/2024 POA Dues 55
INV0001192 Invoice 07/26/2024 POA Dues 55
INV0001193 Invoice 07/26/2024 POA Dues 55
07/25/2024 Harding RV Inc 1880.21 76546
94733 Invoice 07/24/2024 Unit 220 Mobile Cmd, Hydrolic line leaking slide 1880.21 07/25/2024 INFORMATION TECHNOLOGY 178.8 76547
2152 Invoice 07/24/2024 04 Apr-June 2024 User Access CJIS Portal 178.8 07/25/2024 KELLY J COOK 4 76548
07242024 Invoice 07/24/2024 lodging reimburse Santa Barbara 7/21/24 4 07/25/2024 KIMBALL MIDWEST 441.21 76549
102412076 Invoice 07/16/2024 PARTS FOR PRESSURE WASHER 44.74 102412143 Invoice 07/16/2024 SUPPPLIES & BRACKETS FOR SHOP 284.11 102412403 Invoice 07/16/2024 DETAILING SUPPLIES FOR TRUCKS 112.36 07/25/2024 Kristin Bennet 126.24 76550
D1-2 Training Lur Invoice 07/24/2024 LUNCH FOR THE DISTRIBUTION 1-2 CLASS 126.24 07/25/2024 Kristopher Doe 504.23 76551
CFS.Paint.07202-Invoice 07/24/2024 CFS.Paint.072024 504.23 07/25/2024 New Times 60 76552
369572 Invoice 07/18/2024 STREET SWEEPING RFP NOTICE TO CONTRACTOF 60 07/25/2024 O'REILL Y'S AUTOMOTIVE INC 18.87 76553
3025-359935 Invoice 07/17/2024 PARTS FOR WELL# 3 1.48
3025-360007 Invoice 07/17/2024 TOOLS FOR PARKS & PLAYGROUND EQUIPMENT 17.39 07/25/2024 Oscar Gomez 87 76554
2000907.002 Invoice 07/24/2024 2000907.002 R3188 7/13/24 16th St SDRfd 87 7/ 25/ 2024 11:20:00 AM Page 3 of 5
Check Report - Detail
07/25/2024 PACIFIC GAS AND ELECTRIC
1074697152-1-25 Invoice 07/24/2024 PW & Parks Electric 6/19/24-7/18/24 07/25/2024 PHELAN KATHRYN
Tai.Balance0720: Invoice 07/24/2024 Tai.Balance072024
07/25/2024 PORTABLE JOHNS INC.
259515 Invoice 07/29/2024 SINGLE UNIT RENTAL & SERVICE JUNE 2024 07/25/2024 RICH ROLSON
Rolson07282024. Invoice 07/24/2024 Rolson07282024.SC - Sound for The Vibe Setter 07/25/2024
2000909.002
2000910.002
07/25/2024
2000906.002
07/25/2024
Robert Spear
Invoice
Invoice
Ronald Lasley
Invoice
07/24/2024
07/24/2024
07/24/2024

SANDY MERSHON
2000909.002 #3224 Refund rental fee 7/16/24
2000910.002
2000906.002 #3087 Ramona 7/1 7/24 SDRfd
TT.Sandy.07202L Invoice 07/24/2024 TT.Sandy.072024
07/25/2024
INV0001194
07/25/2024
SL241126
07/25/2024
07/25/2024
08012024
07/25/2024
4128971
4130857
07/25/2024
1170912024
07/25/2024
07222024
7/25/ 2024 11:20:00 AM

STATE DISBURSEMENT UNIT
Invoice 07/26/2024 Employee Garnishment

STATE OF CALIFORNIA DEPT OF TRANSPORTATION
Invoice 07/15/2024 SIGNALS & LIGHTING BILLING - APRIL TO JUNE 202- The Regional Training Center
Invoice 07/24/2024 reg fee for Elsayed, Scherrer Avata Tac Operator Thomas Michael Pryor, Sr & Jutta Pryor
Invoice 07/24/2024 45 Newport August 2024 rent
ULTREX
Invoice
Invoice
07/24/2024
07/24/2024
Records copier usage 6/20/24 to 7/19/24
Cannabis copier usage 6/21/24 to 7/20/24
USA North 811 for the Benefit of CUFSEB
Invoice 07/22/2024 2024 MEMBERSHIP FEE+ 2023 BILLABLE TICKETS Walid Elsayed
Invoice 07/24/2024 lodging per diem Avata Tac Operators 8/15/24 Date Range: 07/25/2024 - 07/25/2024
31647.58
31647.58
211 .4
211.4
108.12
108.12
650
650
170.5
43 127.5
1126
1126
2786
2786
250
250
767.7
767.7
1390
1390
9016.36
9016.36
125.38

70.74 54.64
1469.84
1469.84
562.92
562.92
76555
76556
76557
76558
76559
76560
76561
76562
76563
76564
76565
76566
76567
76568

Check Report - Summary Date Range: 07/25/2024 - 07/25/2024 All Bank Codes Check Summary
Payable Payment
Payment Type Count Count Discount Payment
Regular Checks 81 45 0.00 85,871 .12
Manual Checks 0 0 0.00 0.00
Voided Checks 0 0 0.00 0.00
Bank Drafts 0 0 0.00 0.00
EFT's 0 0 0.00 0.00
81 45 0.00 85,871.12
7/25/2024 11 20:00 AM Page 5 of 5

DESCRIPTION OF RESOURCES AMOUNT
Balance from June 30, 2024 $ 2,756,017.84
Deposit from Interest 6/28/2024 11,977.46
Total Resources $ 2,767,995.30

DESCRIPTION OF EXPENDITURES AMOUNT
Transfers for Staff Time:

Payroll Expenses 15,239.69
Transfers for Non-Construction and Other:

Accounts Payable Expenses 634,578.40
Total Expenditures $649,818.09
Cash Balance as of July 31, 2024 $ 2,118,177.21
Respectfully,
Nick Szamet
Administrative Services Director

CITY OF GROVER BEACH
2022 STREETS BOND ACCOUNT ($10,000,000)
Treasurer's Report for August 26, 2024 City Council Meeting July 1, 2024 to July 31, 2024
Agenda Item No. 4

MINUTES

CITY COUNCIL MEETING
MONDAY, JULY 22, 2024
CALL TO ORDER Mayor Bright called the meeting to order at 6:00 p.m. in the City Hall Council Chamber, 154 South Eighth Street, Grover Beach, California.

FLAG SALUTE The flag salute was led by all present.

ROLL CALL
City Council: Council Members Daniel Rushing, Clint Weirick, Zach Zimmerman, Mayor Pro Tem Robert Robert and Mayor Karen Bright were present.

City Staff: City Manager Matthew Bronson, City Attorney Rob Lomeli, Assistant City Manager Kristin Eriksson, City Clerk Wendi Sims, Police Chief Jim Munro, Public Works Director/City Engineer Greg Ray, Administrative Services Director Nick Szamet, Community Development Director Megan Martin, and Associate Planner Janet Reese were also present.

CLOSED SESSION ANNOUNCEMENTS
City Attorney Lomeli read the following announcement:

On Monday, June 24, 2024 at 9:16 p.m., the Council met in Closed Session regarding the following item:

A. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6. Agency designated representatives: Special Counsel Che Johnson, City Manager Matthew Bronson, Assistant City Manager Kristin Eriksson, Administrative Services Director Nick Szamet, and Human Resources Officer Karla Mattocks.

Employee Organizations: Service Employees International Union, Local 620 (SEIU), Management and Confidential Group, Executive Management Group, and Grover Beach Police Management and Confidential Employees Group.

B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Government Code section 54956.9.

Two (2) Cases.

C. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Name of Case: Grover H2O, Debra Peterson, and Brenda Auer v. City of Grover Beach; et al. San Luis Obispo Superior Court Case 24CV-0264 Government Code section 54956.9(d)(1).

Agenda Item No. 5
Minutes: City Council Meeting Page 2
Monday, July 22, 2024
D. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Name of Case: Diane Baeker, individually and as successor-in-interest to James Baeker; Lara Baeker; and Jennifer Vernallis v. City of Arroyo Grande; City of Grover Beach; County of San Luis Obispo; State of California (Caltrans); Form Design + Build; Provident Company LLC and Does 1 through 125 inclusive. San Luis Obispo Superior Court Case 24CV-0184. Government Code section 54956.9(d)(1).

Closed Session Announcements: At 9:59 p.m., Mayor Bright reconvened the meeting in open session with all Council Members present, and announced there were no reportable actions:

AGENDA REVIEW
Action: Upon unanimous consensus, the Council adopted the agenda as presented.

CEREMONIAL CALENDAR
None.

PRESENTATIONS
None.

CONSENT AGENDA
Prior to consideration of the Consent Agenda, Mayor Bright opened public comment. • Brenda Auer
There being no further public comments received, the Mayor closed public comment.

Prior to the vote on the Consent Agenda, Council Member Weirick pulled item 10 for discussion.

Council Member Rushing stated that he will be abstaining from voting on item 12.

It was motioned by Council Member Zimmerman and seconded by Council Member Weirick to approve Consent Agenda Item Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, and 12 as recommended. The motion carried on the following roll call vote:

AYES: Council Members – Rushing, Weirick, Zimmerman, Mayor Pro Tem Robert and Mayor Bright
NOES: Council Members – None.

ABSENT: Council Members – None.

ABSTAIN: Council Members – Rushing (on Item 12)

1. Treasurer’s Report for the Period June 1, through June 30, 2024 Action: Approved the Treasurer’s Report as submitted.

Minutes: City Council Meeting Page 3
Monday, July 22, 2024

2. Treasurer's Report for the 2022 Streets Bond Account - $10,000,000 for the Period June 1, through June 30, 2024.

Action: Approved the Treasurer’s Report as submitted.

3. Minutes of the City Council Meeting on Monday, June 24, 2024 Action: Approved the minutes as submitted.

4. Introduction and First Reading of an Ordinance to Repeal and Replace Article X (Revenue and Taxation), Chapter 13 (Development Impact Fees) of the Grover Beach Municipal Code and Establish a Development Impact Fee Deferral Program Action: 1) Conducted the first reading, by title only, and introduced the Ordinance to repeal and replace Article X (Revenue and Taxation), Chapter 13 (Development Impact Fees) of the Grover Beach Municipal Code (GBMC) and establish a Development Impact Fee Deferral Program; and 2) Scheduled a public hearing at the next regularly scheduled City Council meeting for the second reading and adoption of the Ordinance.

5. Professional Services Agreement for the Purchase and Implementation of OpenGov Asset Management Software
Action: Adopted Resolution No. 24-35 and approved. a Professional Services Agreement with Psomas in the amount of $65,585 and approved a Master Services Agreement with OpenGov, Inc. for an annual amount between $29,833 and 32,890.88 and authorize the Mayor to execute the agreements on behalf of the City.

Resolution No. 24-35: A Resolution of the City Council of the City of Grover Beach, California Approving a Professional Services Agreement with Psomas and a Master Services Agreement with OpenGov, Inc. for Asset Management Software and Implementation.

6. Resolution to Appropriate Storm Water Development Impact Fee Funds for West Grand Avenue Streetscape Project (CIP 2287)
Action: Adopted Resolution 24-36 to approve an appropriation for the West Grand Avenue Streetscape Project (CIP 2287) of $160,500 from the Storm Water Development Impact Fee Fund (Fund 254).

Resolution No. 24-36: A Resolution of the City Council of the City of Grover Beach, California Approving and Adopting a Budget Amendment to Allocate Storm Water Development Impact Fees to Fund the West Grand Avenue Streetscape Project (CIP 2287)

7. Appointments to Planning Commission
Action: Confirmed and Approved Mayor Bright’s recommendations and adopted the Resolution No. 24-37 to Appoint Rachel Mann and Maia Hoffman, each to a four-year term of office, schedule to expire on May 31, 2028.

Resolution No. 24-37: A Resolution of the City Council of the City of Grover Beach, California Authorizing the Appointment of Rachel Mann and Maia Hoffman to the Grover Beach Planning Commission
Minutes: City Council Meeting Page 4
Monday, July 22, 2024

8. Approval of Amendment No. 1 to the Cooperative Agreement with the San Luis Obispo Council of Governments
Action: Adopted Resolution No 24-38 and approved Amendment No. 1 to the Cooperative Agreement with the San Luis Obispo Council of Governments (SLOCOG) related to allocation of state and regional funding and authorize the Mayor to execute the agreement.

Resolution No. 24-38: A Resolution of the City Council of the City of Grover Beach, California,) Approving Amendment No. 1 to the Cooperative Agreement GB-FAST-01 with the San Luis Obispo Council of Governments (SLOCOG)

9. Resolution to Amend the Service Employees International Union of Memorandum of Understanding for 2024-2027
Action: Adopted Resolution No. 24-39 amending the Service Employees International Union Memorandum of Understanding for a term from August 5, 2024, to June 30, 2027; amend the Classification and Compensation for the IT Assistant position; and authorize the City Manager to work with the bargaining group to finalize non-compensation language in the MOU.).

Resolution No. 24-39: A Resolution of the City Council of the City of Grover Beach, California,) Ratifying a Memorandum of Understanding with Service Employees International Union, Local 620 (SEIU) for the Period August 5, 2024 through June 30, 2027

11. Resolution to Amend the Grover Beach Police Management and Confidential Group Memorandum of Understanding for 2024-2027
Action: Adopted Resolution No. 24-41 amending the Grover Beach Police Management and Confidential Group Memorandum of Understanding for a three-year term of 2024- 2027 and authorize amendment of the Classification and Compensation Plan.

Resolution No. 24-41: A Resolution of the City Council of the City of Grover Beach, California Ratifying a Memorandum of Understanding with Grover Beach Police Management and Confidential Employee Group for the Period August 5, 2024 through June 30, 2027

12. Resolution Accepting the Certification of the Elections Official as to the Sufficiency of Signatures on the Petition to Recall Council Member Daniel Rushing, District 2 Action: Adopted Resolution No. 24-42 accepting the certification of the Elections Official as to the sufficiency of signatures on the petition to recall Councilmember Daniel Rushing, District 2.

Resolution No. 24-42: A Resolution of the City Council of the City of Grover Beach, California Accepting the Certification of the Elections Official as to the Sufficiency of Signatures on the Petition to Recall Council Member Daniel Rushing, District 2 Minutes: City Council Meeting Page 5
Monday, July 22, 2024
PULLED ITEM 10 FROM CONSENT AGENDA FOR DISCUSSION:

10. Resolution to Amend Executive Manager and Management and Confidential Employee Compensation for 2024-2027
Mayor Bright opened Public Comment and with no public comments received, the Mayor closed public comment.

It was motioned by Council Member Weirick and seconded by Mayor Pro Tem Robert to approve Consent Agenda Item No. 10 with the approval of an amended Resolution that strikes the Executive Management Group from said Resolution and to continue the Executive Management Employee Compensation portion to coincide with the Grover Beach Police Officer Association Memorandum of Understanding for 2024-2027 when agreed upon. The motion carried on the following roll call vote:

AYES: Council Members – Rushing, Weirick, Zimmerman, Mayor Pro Tem Robert and Mayor Bright
NOES: Council Members – None.

ABSENT: Council Members – None.

ABSTAIN: Council Members – None.

Resolution No. 24-40: A Resolution of the City Council of the City of Grover Beach, California Approving the Proposed Adjustments with Management and Confidential Employees for the Period of August 5, 2024 through June 30, 2027.

PUBLIC HEARING

13. Second Reading and Adoption of an Ordinance Repealing and Relacing Chapter 5 (Animal Regulations) of Article III (Public Welfare, Morals & Conduct) of the Grover Beach Municipal Code; and Approval of Amendment No. 1 to the Contract for Animal Care and Control Services with the County of San Luis Obispo Mayor Bright read the title to the foregoing item and deferred to staff for a report.

Assistant City Manager Eriksson presented a PowerPoint presentation reviewing the revised Ordinance regarding Animal Care and Control Services.

Mayor Bright opened the public hearing and invited public comment on this matter. With no public comments received at this time and the Mayor closed the public hearing.

Action: It was motioned by Council Member Weirick and seconded by Council Member Rushing conducted a public hearing and second reading to adopt an Ordinance No. 24-04 repealing and replacing Chapter 5 (Animal Regulations) of Article III (Public Welfare, Morals & Conduct) of the Grover Beach Municipal Code (GBMC); and approved Amendment No. 1 to the Contract for Animal Care and Control Services with the County of San Luis Obispo.) The motion carried on the following roll call vote:

Minutes: City Council Meeting Page 6
Monday, July 22, 2024
AYES: Council Members – Rushing, Weirick, Zimmerman, Mayor Pro Tem Robert and Mayor Bright
NOES: Council Members – None.

ABSENT: Council Members – None.

ABSTAIN: Council Members – None.

Ordinance No. 24-04: An Ordinance of the City Council of the City of Grover Beach, California Repealing and Replacing Chapter 5 of Article III of the Grover Beach Municipal Code and Approving and Adopting Newly Enacted and Uniform Animal Regulations

14. Second Reading and Adoption of an Ordinance to Add a New Section 2801 to Chapter 8 (Purchasing Policy) of Article II (Administration) of the Grover Beach Municipal Code to Allow the City Council to Delegate Signature Authority Mayor Bright read the title to the foregoing item and deferred to staff for a report.

Assistant City Manager Eriksson presented a PowerPoint presentation discussing the revised Ordinance regarding the City Purchasing Policy.

Mayor Bright opened the public hearing and invited public comment on this matter. With no public comments received at this time and the Mayor closed public hearing.

Action: It was motioned by Council Member Zimmerman and seconded by Council Member Rushing Conducted a public hearing for the second reading to adopt an Ordinance No. 24-05 to add new Section 2801 of Chapter 8 (Purchasing Policy) of Article II (Administration) of the Grover Beach Municipal Code (GBMC) to allow the City Council to delegate signature authority. The motion carried on the following roll call vote:

AYES: Council Members – Rushing, Weirick, Zimmerman, Mayor Pro Tem Robert and Mayor Bright
NOES: Council Members – None.

ABSENT: Council Members – None.

ABSTAIN: Council Members – None.

Ordinance No. 24-05: An Ordinance of the City Council of the City of Grover Beach, California Adding Section 2801 (Council Approval or Award of Contracts) to Chapter 8 (Purchasing Policy) of Article II (Administration) of the Grover Beach Municipal Code

15. Second Reading and Adoption of an Ordinance to Amend Article III (Public Welfare, Morals & Conduct), Chapter 11 (Special Events /Outdoor Assemblies) of the Grover Beach Municipal Code to Change Special Event Insurance Requirements Mayor Bright read the title to the foregoing item and deferred to staff for a report.

Minutes: City Council Meeting Page 7
Monday, July 22, 2024
Assistant City Manager Eriksson presented a PowerPoint presentation discussing the revised Ordinance regarding Special Events insurance requirements.

Mayor Bright opened the public hearing and invited public comment on this matter. With no public comments received at this time and the Mayor closed public hearing.

Action: It was motioned by Council Member Rushing and seconded by Mayor Pro Tem Robert Conducted a public hearing for the second reading to adopt an Ordinance to amend Article III (Public Welfare, Morals & Conduct), Chapter 11 (Special Events/Outdoor Assemblies) of the Grover Beach Municipal Code (GMBC) to Change Special Event Insurance Requirements.).

The motion carried on the following roll call vote:

AYES: Council Members – Rushing, Weirick, Mayor Pro Tem Robert, and Mayor Bright
NOES: Council Members – Zimmerman.

ABSENT: Council Members – None.

ABSTAIN: Council Members – None.

Ordinance No. 24-06: An Ordinance of the City Council of the City of Grover Beach, California Amending Subsection L (Insurance) of Section 3981 (Specific Regulations for Special Events and Outdoor Assemblies) of Chapter 11 (Special Events/Outdoor Assemblies) of Article III (Public Welfare, Morals & Conduct) of the Grover Beach Municipal Code
REGULAR BUSINESS:

16. Community Development Block Grant Microenterprise Assistance Program Guidelines
Mayor Bright read the title to the foregoing item and deferred to staff for a report.

Community Development Director Martin presented a PowerPoint presentation discussing the Community Development Block Grant program.

Mayor Bright invited public comment on this matter.
• Brenda Auer
No additional comments were received at this time and the Mayor closed public comment.

Action: Council provided direction on the proposed Microenterprise Assistance Program and directed staff to pursue an application for a Community Development Block Grant.

Minutes: City Council Meeting Page 8
Monday, July 22, 2024
At 6:52 p.m. Council Member Rushing recused himself from Item 17 and left the Council Chambers.

17. Resolution Calling a Special Municipal Election to be Held in District 2 of the City of Grover Beach on Tuesday, November 5, 2024, for the Submission of the Question of the Recall of a Certain Officer; and Requesting that the San Luis Obispo County Board of Supervisors Consolidate the Special Municipal Election with the Statewide General Election
Mayor Bright read the title to the foregoing item and deferred to staff for a report.

City Attorney Lomeli presented a PowerPoint presentation discussing the Election Recall process.

Mayor Bright invited public comment on this matter.
• Nancy Allison
• Steve Lieberman
• Karl Blum
• Lesley Marr
• Supervisor Dawn Ortiz-Legg
• Brenda Auer
• Elizabeth Doukas
• Jeff Bohrer
No additional comments were received at this time and the Mayor closed public comment.

Action: It was motioned by Council Member Weirick and seconded by Council Member Zimmerman to adopt Resolution No. 24-43 calling a Special Municipal Election to be held in District 2 of the City of Grover Beach on Tuesday, November 5, 2024, for the submission of the question of recall of Council Member Daniel Rushing to the voters and requesting consolidation with the statewide general election.

AYES: Council Members – Weirick, Zimmerman, Mayor Pro Tem Robert and Mayor Bright
NOES: Council Members – None.

ABSENT: Council Members – None.

ABSTAIN: Council Members – None.

RECUSED: Council Members – Rushing.

Resolution No. 24-43: A Resolution of the City Council of the City of Grover Beach, California Calling a Special Municipal Election to be held in District 2 of the City of Grover Beach on Tuesday, November 5, 2024, for the Submission of the Question of the Recall of a Certain Officer; and Requesting that the San Luis Obispo County Board of Supervisors Consolidate the Special Municipal Election with the Statewide General Election to be held on the Same Date
Minutes: City Council Meeting Page 9
Monday, July 22, 2024
At 7:22 p.m., Council Member Rushing returned to the Dais.

PUBLIC COMMUNICATIONS The Mayor opened the floor to any member of the public for comment on items of interest which were within the jurisdiction of the City Council but were not listed on the agenda.
• Cathryn Sells
• David Yohe
• Brenda Auer
• Robert Skinner
• Andrew Gould
• CJ Vigil
• Loren Westphal
• Lesley Marr
• Elizabeth Doukas
• Carolyn Kruger
• Jeff Bohrer
• Randall Myrick
No additional comments were received and the Mayor closed public comment.

COUNCIL COMMITTEE REPORTS
Council Member Zimmerman reported on the Visit SLO Cal and South County Chambers of Commerce (SCCC) meetings he attended.

Council Member Rushing discussed attending meetings for Five Cities Fire Joint Powers Authority and Zone 3 Advisory Committee.

Council Member Weirick discussed the SLO County Water Resources Advisory Committee (WRAC); presented additional comments on the Five Cities Fire Joint Powers Authority meeting and discussed the Homeless Services Oversight Council (HSOC) meeting he attended.

COUNCIL COMMUNICATIONS
A. Council Member Weirick discussed that he attended a few City events: including the last 4 Sunday’s Summer Concerts; CalCities Division meeting; the Filipino Community Center’s Fiesta Fillipinana Scholarship Awards Dinner and Grange Pancake Breakfast.

B. Mayor Pro Tem Robert reported The Grange Pancake Breakfast is the 1st Sunday of every month, August 4th from 8:00 am – 11:00 am and that a future fundraiser will be announced with the proceeds going towards a new hood needed in the kitchen.

Minutes: City Council Meeting Page 10
Monday, July 22, 2024
C. Council Member Zimmerman discussed firework enforcement and the El Camino Real area.

D. Council Member Rushing mentioned that he is looking forward to the conversation on fireworks in the coming months. He also, expressed it being a personally challenging day and thanked everyone for their support.

E. Mayor Bright expressed the need for a fireworks item on the agenda for discussion and a street update.

CITY MANAGER'S REPORTS AND COMMENTS
City Manager Bronson acknowledged that this is Chief Munro’s 1st City Council meeting and today was the start of the Police Department’s Youth Drone Academy. He mentioned two upcoming City events in August, Friday, August 2nd is the 2nd Annual Police Department Movie Night, an allfree event at 16th Street Park at 4:30 pm and Tuesday, August 6th is National Night Out. He commented on the Summer Concert Series, seven concerts down and four to go! Noting that next year’s concerts may be a little different due to the Ramona Garden Park Grant allowing us to do phases one and two of the park projects. Stay tuned for more information on next summer’s concerts.

CITY ATTORNEY’S REPORTS AND COMMENTS
None.

CLOSED SESSION
Prior to Closed Session, Mayor Bright opened public comment and with no comments received closed public comment.

At 8:34 p.m., the Council met in Closed Session regarding the following item(s):

It is the intention of the City Council to meet in Closed Session concerning the following item:

A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Name of Case: Grover H2O, Debra Peterson, and Brenda Auer v. City of Grover Beach; et al. San Luis Obispo Superior Court Case 24CV-0264 Government Code section 54956.9(d)(1).

B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Name of Case: Diane Baeker, individually and as successor-in-interest to James Baeker; Lara Baeker; and Jennifer Vernallis v. City of Arroyo Grande; City of Grover Beach; County of San Luis Obispo; State of California (Caltrans); Form Design + Build; Provident Company LLC and Does 1 through 125 inclusive. San Luis Obispo Superior Court Case 24CV-0184. Government Code section 54956.9(d)(1).

Minutes: City Council Meeting Page 11
Monday, July 22, 2024
C. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6.

Agency designated representatives: City Manager Matthew Bronson, Assistant City Manager Kristin Eriksson
Employee Organizations: Grover Beach Police Officer’s Association (GBPOA).

Closed Session Announcements: At 9:01 p.m., Mayor Bright reconvened the meeting in open session with all Council Members present and announced the no reportable action taken during Closed Session:

There being no further business to come before the City Council, Mayor Bright adjourned the meeting at 9:01 p.m.
_____________________________

KAREN BRIGHT, MAYOR
Attest:
______________________________

WENDI SIMS, CITY CLERK
(Approved at CC Mtg ______)

MINUTES

SPECIAL CITY COUNCIL MEETING
WEDNESDAY, AUGUST 7, 2024
CALL TO ORDER Mayor Bright called the meeting to order at 5:00 p.m. in the City Hall Council Chamber, 154 South Eighth Street, Grover Beach, California.

ROLL CALL
City Council: Council Members Daniel Rushing, Clint Weirick, Zach Zimmerman, Mayor Pro Tem Robert Robert, and Mayor Karen Bright were present.

City Staff: City Manager Matthew Bronson, City Attorney Rob Lomeli, City Clerk Wendi Sims, Police Chief Munro, Administrative Services Director Nick Szamet and Human Resources Officer Karla Mattocks

PUBLIC COMMUNICATIONS
The Mayor opened the floor to any member of the public for comment on any items listed on the agenda. • David Ekbom
• Elizabeth Doukas
• Debbie Peterson
• Marsha Thornton
• Pamela Storton
• Ken Lehmann
• Brenda Auer
• Lesley Marr
No more comments were received and the Mayor closed the Public Communications segment for this portion of the meeting.

REGULAR BUSINESS

1. Resolution to Amend the Grover Beach Police Officers’ Association Memorandum of Understanding for 2024-2027
Action: It was motioned by Council Member Rushing and Seconded by Council Member Weirick to Adopt the Resolution amending the Grover Beach Police Officers’ Association Memorandum of Understanding for a three-year term from August 19, 2024 to June 30, 2027 and authorize the City Manager to work with the bargaining group to finalize non-compensation language in the MOU. The motion carried on the following roll call vote:

AYES: Council Members – Rushing, Weirick, Zimmerman, Mayor Pro Tem Robert and Mayor Bright
NOES: Council Members – None.

ABSENT: Council Members – None.

ABSTAIN: Council Members – None.

2. Resolution to Amend Executive Management Employee Compensation for 2024-2027 Action: It was motioned by Mayor Pro Tem Robert and Seconded by Council Member Rushing to continue this item to the regularly scheduled meeting on August 26, 2024. The motioned carried on the following roll call vote:

AYES: Council Members – Rushing, Weirick, Zimmerman, Mayor Pro Tem Robert and Mayor Bright
NOES: Council Members – None.

ABSENT: Council Members – None.

ABSTAIN: Council Members – None.

There being no further business to come before the City Council, Mayor Bright adjourned the meeting at 5:34 p.m.
________________________________

KAREN BRIGHT, MAYOR
Attest:
______________________________

WENDI SIMS, CITY CLERK
(Approved at CC Mtg: )
Agenda Item No. 6

CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: August 26, 2024 FROM: Matthew Bronson, City Manager
PREPARED BY: Megan Martin, Community Development Director Kyle Bell, Senior Planner
SUBJECT: Introduction and First Reading of an Ordinance to Amend Municipal Code Article IX (Development Code) amendments to Chapter 2 (Zones and Allowable Land Uses), Sections 3.10.020 (Fences and Walls),

3.10.065 (Screening), 3.10.080 (Upper Story Open Spaces), 4.10.015 (Accessory Dwelling Units), 4.10.030 (Accessory Structures), 5.10.030 (General Provisions), Chapter 6 (Procedures), 8.20.060 (review Authority for Subdivision Decisions) and Chapter 9 (Definitions); and adding new Sections 3.10.062 (Edge Conditions) and 8.170 (Urban Lot Subdivisions); and to Adopt a Resolution Approving a Local Coastal Program Amendment.

RECOMMENDATION
1) Conduct first reading, by title only, and introduce amendments to the City’s Development Code amending Grover Beach Municipal Code, Article IX; and 2) Schedule a public hearing, second reading to adopt the Ordinance and Adopt a Resolution approving a Local Coastal Program Amendment at the next regularly scheduled City Council meeting.

BACKGROUND
In November 2020, the City Council (Council) adopted the City’s 2020-2028 Housing Element, which contains goals, policies, and programs that facilitate housing production and demonstrate how the City will accommodate its allocated Regional Housing Needs Allocation (RHNA) over the next eight years. In May 2021, the Council approved a contract with MIG Consultants to implement related changes to the Development Code which were subsequently approved by Council on June 13, 2022 (June 13, 2022, Council Agenda Report Item No. 4).

City staff are committed to performing an annual review of the Development Code to reflect best practices and identify opportunities for improvements to standards, procedures, and implementation. Since the last update to the Development Code in 2022, several minor changes, clarifications, and corrections have been identified by staff that may help clarify ambiguities, correct errors and omissions, or adjust language/references to more efficiently implement the policies and programs of the General Plan and maintain compliance with changes to State Law.

In addition to the technical revisions identified by staff, several new housing legislative initiatives from the State have been adopted which have an effect on housing development review processes and procedures. Generally, these new laws remove and/or reduce barriers and boost incentives for housing construction throughout California. As part of this review of the Development Code, staff worked with a consultant to ensure the Development Code is consistent Staff Report: Introduction and First Reading of 2024 Development Code Amendments Page 2 August 26, 2024

with all new housing legislation initiatives including but not limited to; AB 2011 (Affordable Housing and High Road Jobs Act), SB 6 (Middle Class Housing Act), SB 4 (Affordable Housing on Faith and Higher Education Lands Act), SB 684 (Starter Home Revitalization Act), AB 1287 & SB 713 (Density Bonus Law), as well as several changes to laws pertaining to Accessory Dwelling Units (ADUs).

The Council conducted a Study Session on May 28, 2024, to receive an initial presentation from staff on the proposed changes to the Development Code. The Council directed staff to review key changes with the community for feedback, as discussed in more detail under the Community Engagement section of this report. The Council also provided direction to staff to investigate additional water reduction measures which are addressed within this report (May 28, 2024, Council Agenda Report, Item No. 11). The Planning Commission conducted a public hearing on August 6 to review recommended changes to the Development Code from staff and following public comment and Commission deliberation, recommended the Council adopt an Ordinance amending the City’s Development Code and approve a Local Coastal Program Amendment (August 26, 2024, Planning Commission Agenda Report, Item No. 4)

PROPOSED AMENDMENTS
Since June 2022, staff have processed over 100 various land use applications. The changes outlined in this report reflect the lessons learned, and improvements to best practices that staff has identified through the implementation of the Development Code. Staff has identified updates that were the result of compliance with State law, reduction and/or removal of development barriers, or include general clean-up and clarifications to provide consistency throughout the Development Code. A summary of the Development Code amendments are provided in Attachment 3 and posted on the City’s website at Public Draft – Development Code.

Additional Changes Identified by Planning Commission
The Planning Commission’s action at the August 6th hearing included a recommendation to modify specific sections of the Development Code as follows in response to community input:

Upper Story Open Spaces – Chapter 3
• Section 3.10.080.D.1: remove “…that are more than 50 square feet…”. This change will remove the exemption from the additional setback requirement for upper story open spaces.

All upper story open spaces regardless of size will now be required to comply with the additional setback requirement, regardless of the size. • Section 3.10.080.E.5 – Guardrails: add new sentence “The guardrail shall be designed with at least 50% opacity to visually obscure views of personal storage within the open space area.” This change will provide a standard to screen furniture and other personal storage placed on balconies and roof decks visible from the public right-of-way and neighboring properties. • Section 3.10.080.E – Design Standards: add new subsection 2 “Rooftop Decks. Rooftop decks shall be prohibited on any detached accessory structure or detached accessory dwelling unit.” This change will prohibit roof decks on detached accessory structures and ADUs, while providing for other types of upper story open spaces such as balconies, terraces, and attached decks, subject to compliance with the Upper Story Open Space Standards.

Staff Report: Introduction and First Reading of 2024 Development Code Amendments Page 3 August 26, 2024

Accessory Dwelling Units – Chapter 4
• Section 4.10.015.D.5.b – Maximum Height: decrease the maximum height allowance for detached ADUs to 16 feet, rather than 25 feet, for properties which include an existing or proposed single-unit dwelling. This change was intended to incentivize smaller units.

Accessory Structures – Chapter 4
• Section 4.10.030.F.3 – Upper Story Open Spaces: revise to “Upper Story Open Spaces.

Upper Story Open Spaces shall comply with all requirements under Section 3.10.080 (Upper Story Open Spaces).” This change will provide consistency between the Accessory Structures standards and the Upper Story Open Space standards.

Administrative Development Permits – Chapter 6
• Section 6.20.020.B.2 – Residential Multi-Unit Developments: remove this subsection. • Section 6.20.020.B.3 – Mixed-Use Developments: revise to “Mixed-use development projects that consist of the construction, additions, rehabilitation, or remodel resulting in less than 10 dwelling units (excluding ADUs) that does not result in any new nonresidential building area.” • Section 6.20.020.B.4 – Nonresidential: remove this subsection • Section 6.20.020.B.5 – Significant Additions: revise to “Significant additions to any of the project types listed above that would result in 25% or more increase in total building area.” These changes are intended to align with the increased threshold for development projects subject to Planning Commission review through a Development Permit application (i.e. 5 or more units, or any new nonresidential building area), see comments under Section 6.20.060 below.

Development Permits – Chapter 6
• Section 6.20.060.B.1 – Residential: reduce the review threshold from 11 to 5 or more dwelling units. This change would revert back to requiring Planning Commission review for any residential project that involves the creation of 5 or more dwelling units. • Section 6.20.060.B.2 – Mixed-Use Developments: revise to “Mixed-use development projects that consist of the construction, additions, rehabilitation, or remodel resulting in 10 or more dwelling units (excluding ADUs) and/or new nonresidential building area.” This change would revert back to requiring Planning Commission review for any mixed-use project that involves 10 or more dwellings or any new nonresidential space.
• Section 6.20.060.B.3 – Nonresidential: revise to “Nonresidential development projects that consist of new nonresidential structures, or additions, rehabilitation, or remodel of existing nonresidential structures resulting in an increase of 1,000 square feet or more of new building area.” This change would revert back to requiring Planning Commission review for any new nonresidential project, and additions greater than 1,000 square feet.

The recommended changes from the Planning Commission have been incorporated into the Ordinance amendments.

Staff Report: Introduction and First Reading of 2024 Development Code Amendments Page 4 August 26, 2024

Community Engagement
The City recognizes the importance of community engagement and the benefits of collaborative efforts with the public to ensure the amendments are transparent and easy to understand. The City implemented the following initiatives to facilitate community engagement regarding the Development Code amendments and ensure a comprehensive and inclusive process in shaping the future of the City’s community development policies:
• The Council conducted a study session on May 28, 2024, to receive an initial presentation from staff about the proposed changes that served as a forum for deliberation and initial consideration of the Administrative Draft of the Development Code amendments. • On June 6 and July 22, City staff met with Coastal Commission staff to receive feedback on the amendments to ensure consistency with the City’s adopted Local Coastal Program and the Coastal Act.
• The City posted information on the City’s website at https://www.grover.org/627/2024- Development-Code-Amendments to centralize information and resources related to the Development Code amendments.
• On June 18, staff posted an online survey on the City’s website to solicit public input on specific amendments to the code, offering respondents an opportunity to provide direct feedback and share additional opportunities for improvements. • City staff organized a community workshop on June 18, at the Ramona Garden Community Center, where staff engaged with community members to discuss the proposed changes and gather feedback.
• On July 9, staff distributed the online survey via social media to invite more participants to complete the survey and provide input on the suggested changes. • On August 6, the Planning Commission reviewed the proposed changes and provided feedback to staff to incorporate changes in response to public comments.

A more detailed overview of the public engagement efforts is provided in Attachment 4 which includes a summary of the ideas and suggestions that came from public engagement efforts.

Consulting Services
In 2020, the City was awarded three State grants totaling approximately $250,000 for the purposes of updating the City’s General Plan Land Use Element and Development Code, including Senate Bill 2 (SB 2), Local Early Action Planning (LEAP), and Regional Early Action Planning (REAP) to implement the Housing Element policies and programs. The grants required that the funding be used for activities that demonstrate a nexus to accelerate housing production through streamline application review procedures. In May 2021, the Council approved a contract with MIG Consultants to implement related changes to the Development Code which were subsequently approved by Council on June 13, 2022 (June 13, 2022, Council Agenda Report Item No. 4).

Given that the previous Development Code update was completed under budget, approximately $17,000 of funds from the LEAP grant remained available to further implement policies and programs related to housing production. On March 5, 2024, staff engaged with MIG Consultants to utilize these remaining funds to further implement improvements to the Development Code under the following objectives, in accordance with the LEAP grant application:
• Updating local planning processes to accelerate housing production through streamlined review procedures.

Staff Report: Introduction and First Reading of 2024 Development Code Amendments Page 5 August 26, 2024

• Improving the Accessory Dwelling Unit ordinance consistent with State Law • Fulfilling Council goals by establishing Pro-housing Policies • Other planning documents or process improvements that demonstrate an increase in housing related planning activities and facilitate streamlined review procedures.

Water Conservation Measures
As part of the Study Session on May 28, 2024, the Council also directed staff to explore water conservation measures for inclusion in the amendments. Staff conducted a complete review of the City’s existing water programs and related regulations including an evaluation of the effectiveness and scope of the following water conservation programs currently offered:
• Cash for Grass Rebate Program: Financial incentive to replace lawns with drought-tolerant landscaping.
• Smart Irrigation Controller and Sensor Rebate Program: Rebates for installation of smart irrigation systems that optimize water use.
• Toilet Fixtures, Showerheads, and Aerators Retrofit Rebate Program: Encourages replacement of old fixtures with water-efficient models through rebates. • Washing Machine Rebate Program: Supports the purchase of water-efficient washing machines by offering rebates.

Staff also reviewed current development code requirements related to water conservation, which include new construction requires water conservation measures associated with landscaping as stipulated by the State Water Efficiency Landscaping Ordinance (SWELO). In addition to the City’s programs and Development Code, staff also examined the relevant provisions of the California Building Code (CBC) that pertains to water conservation. The Building Code sets standards for water efficiency in all new construction and major renovations, ensuring that buildings meet minimum water-saving standards.

Overall, the City has implemented extensive water conservation programs and standards to date and most of the significant opportunities for water savings have been addressed. The City is predominantly an infill community where adding further water-saving requirements would have a relatively minimal impact on overall water use. The City adheres to all relevant State and local water conservation standards, including those mandated by the SWELO and CBC. Further imposition of greater standards could lead to diminishing returns and additional burden on property owners and residents.

The review indicates that the City’s existing water conservation measures are comprehensive and effective, with further amendments likely to have minimal impact. Rather than recommend amendments at this time, staff found it best to integrate water conservation efforts into the City’s broader efforts in addressing water demand and sustainability. This approach will allow the City to align its efforts with long-term goals to manage water resources effectively and sustainably into the future. This will also provide a more strategic opportunity to evaluate new technologies, regulatory changes, and community need.

Prohousing Designation
The “Prohousing” designation is a recognition provided by the State Housing and Community Development Department (HCD) aimed at cities and counties that demonstrate a commitment to creating and supporting housing affordability and development. This recognition could position the City to receive additional grant funding from the State to facilitate infrastructure improvements to accommodate housing production. The Prohousing designation aligns directly with the City’s Staff Report: Introduction and First Reading of 2024 Development Code Amendments Page 6 August 26, 2024

FY 2023-25 Major City Goal of “Housing and Homelessness” and pursuing this designation is included in the work program for this goal. By pursuing the designation, the City will advance its commitment to these critical objectives, reinforcing its efforts to improve housing affordability and tackle homelessness effectively. The City’s previous Development Code update and the proposed amendments meet many of the eligibility criteria required for this designation and position the City well for receiving the designation.

As such, staff intends to return to the Council on September 9, 2024, with a resolution requesting the Council’s approval to pursue the recognition. This step formally initiates the process required by HCD and represents a strategic step in securing essential funding and demonstrating our proactive approach to meeting the city's housing needs.

Coastal Commission and Local Coastal Program Amendment
The Ordinance would amend Chapters 2, 3, 4, 5, 6, 8, and 9 of the Development Code (Article IX of the Municipal Code). Development Code Section 1.20.060 identifies all chapters and sections that constitute the ordinances for the implementation of the City’s LCP in compliance with the Coastal Act. Therefore, the proposed amendments to the Development Code require an LCP Amendment, which must be approved by the Coastal Commission before the Ordinance becomes effective in the Coastal Zone.

Staff has reviewed the proposed LCP Amendment with the policies in Chapter 3 of the Coastal Act and has determined that the Ordinance would have no effect on public access, recreation, environmentally sensitive habitat areas, or other coastal resources. The proposed ordinance would not change the kind, location, intensity, or density of uses west of Highway 1 because the development standards for this area are unchanged. Staff have provided the public draft of the proposed changes to Coastal Commission staff for review and comments.

Next Steps
Following the first reading and introduction of the ordinance on August 26, the Council will conduct a second reading and public hearing on September 9 before considering adoption. Following adoption by Council, staff will forward the LCP amendment to the Coastal Commission for review.

The amended ordinance would become effective the day after Coastal Commission action. Any changes to the LCP would require review and acknowledgment by the Council before the ordinance would be considered effected.

ENVIRONMENTAL REVIEW
This action is not considered a project within the meaning of the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA Guidelines (Title 14 California Code of Regulations §§ 15000, et seq.) Section 15378(b)(5) and is therefore exempt from CEQA because it will not result in any direct or indirect physical changes in the environment.

ALTERNATIVES
The Council has the following alternatives to consider:

1. Conduct first reading, by title only, and introduce the amendments to the City’s Development Code, amending Grover Beach Municipal Code, Article IX and schedule second reading and adoption of the Ordinance and adoption of a Resolution approving a Staff Report: Introduction and First Reading of 2024 Development Code Amendments Page 7 August 26, 2024

Local Coastal Program Amendment at the next regularly scheduled City Council meeting; or

2. Provide alternative direction to staff.

FISCAL IMPACT
There is no fiscal impact associated with this report. The proposed amendments are not anticipated to have a significant fiscal impact; the primary effect will be streamlining the permit process, which is expected to improve efficiency and reduce processing times.

PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.

Attachments

1. Ordinance

2. Local Coastal Program Amendment Resolution

3. Development Code Amendment Summary

4. Public Engagement Summary
Attachment 1
ORDINANCE NO. 24-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH,

CALIFORNIA, ADOPTING AN AMENDMENT TO ARTICLE IX (DEVELOPMENT

CODE) OF THE GROVER BEACH MUNICIPAL CODE INCLUDING
AMENDMENTS TO CHAPTER 2 (ZONES AND ALLOWABLE LAND USES), SECTIONS 3.10.020 (FENCES AND WALLS), NEW SECTION 3.10.062 (EDGE CONDITIONS), AMENDMENTS TO SECTIONS 3.10.065 (SCREENING),

3.10.080 (UPPER STORY OPEN SPACES), 4.10.015 (ACCESSORY DWELLING UNITS), 4.10.030 (ACCESSORY STRUCTURES), 5.10.030 (GENERAL PROVISIONS), CHAPTER 6 (PROCEDURES), 8.20.060 (REVIEW AUTHORITY FOR SUBDIVISION DECISIONS), NEW SECTION 8.170 (URBAN LOT SUBDIVISIONS), AND AMENDMENTS TO CHAPTER 9 (DEFINITIONS),

THE PROJECT ALSO INCLUDES A LOCAL COASTAL PROGRAM
AMENDMENT.

WHEREAS, the City of Grover Beach (“City”) is a general law city and a political subdivision of the State of California; and
WHEREAS, on June 13, 2022, the City of Grover Beach adopted a comprehensive update of the Development Code (Ordinance No. 22-06); and
WHEREAS, on December 16, 2022, the California Coastal Commission certified the comprehensive update of the Development Code and associated Local Coastal Program amendment (Ordinance No. 22-06); and
WHEREAS, City staff has committed to regular reviews of the Development Code to reflect best practices and identify opportunities for improvements to standards, procedures, and implementation.; and
WHEREAS, the City Council of the City of Grover Beach conducted a public hearing in the Council Chamber of City Hall, 154 South 8th Street, Grover Beach, California on May 28, 2024, for the purpose of provide policy direction to staff regarding various amendments to the City’s Development Code (Municipal Code Article IX); and
WHEREAS, the Planning Commission of the City of Grover Beach conducted a public hearing in the Council Chamber of City Hall, 154 South 8th Street, Grover Beach, California on August 6, 2024, for the purpose of review and recommending the various amendments to the City’s Development Code and Local Coastal Program amendment for consideration by the City Council, and
WHEREAS, the City Council conducted a public hearing in the Council Chamber of City Hall, on ____________, 2024, for the purpose of introducing the various amendments to the City’s Development Code and Local Coastal Program amendment; and WHEREAS, the City Council conducted a public hearing in the Council Chamber of City Hall, on ____________, 2024, for the purpose of adopting the various amendments to the City’s Development Code and Local Coastal Program amendment; and Ordinance No. 24-XX Page 2 of 94
WHEREAS, the City Council finds that the proposed amendment is consistent with the General Plan, Local Coastal Program, and other applicable City goals and policies as amended; and
WHEREAS, notices of said public hearing were made at the time and in the manner required by law.

WHEREAS, the City Council has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff, presented at said hearing.

WHEREAS, this amendment is not a project within the meaning of the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA Guidelines (Title 14 California Code of Regulations §§ 15000, et seq.) Section 15378 and is therefore exempt from CEQA because it will not result in any direct or indirect physical changes in the environment.

WHEREAS, this amendment requires a Local Coastal Program Amendment; and

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF GROVER BEACH DOES ORDAIN AS FOLLOWS:

Part 1. Recitals. The above recitals are true and correct and are incorporated as though fully set forth herein.

Part 2. Article IX Development Code, any reference is made to any specific section, figure, or table, such reference shall hereby be amended to include the most recent updates made pursuant to this ordinance, ensuring consistency throughout the Development Code.

Part 3. Article IX Development Code, Chapter 2 Section 2.10.040 entitled “Allowable Land Uses and Development Application Requirements” Subsection C is hereby amended to read as follows:

C. Allowable or Permitted Use requirements. A land use identified by Tables 2.2, 2.4, 2.6,

2.8, 2.9, and 2.10 as a permitted use or “P” may also be required to receive one of the following development applications:

1. Development Permit (Section 6.20.060);

2. Administrative Development Permit (Section 6.20.020);

3. Coastal Development Permit (Section 6.20.040);

4. Administrative Coastal Development Permit (Section 6.20.040)

5. Zoning Clearance (Section 6.20.110).

6. Building Permit, and/or other permit required by the Municipal Code.

Part 4. Article IX Development Code, Chapter 2 Section 2.10.040 entitled “Allowable Land Uses and Development Application Requirements” Subsection F is hereby removed and replaced to read as follows:

Ordinance No. 24-XX Page 3 of 94
F. Primary and Accessory Uses. Listed uses are primary uses. Accessory uses are allowed only where a primary use is established, as defined in Chapter 9 (Definitions). An accessory use may be allowed if it is not listed as an allowed use in Tables 2.2, 2.4, 2.6, 2.8, 2.9, and

2.10 for the applicable zone. Commercial Cannabis, Adult Business, Live Entertainment, or other uses or activities as identified in Chapter 4 (Standards for Specific Development and Land Uses), are not considered accessory uses, unless specifically defined as accessory in Chapter 9 (Definitions).

Part 5. Article IX Development Code, the land use classification “Two-Unit Housing Development” shall hereby be replaced with the term “Urban Dwelling Units” in any instance in which this land use classification is referenced within the Development Code.

Part 6. Article IX Development Code, Chapter 2 Section 2.20.030, Table 2.2 entitled “Residential Zones Allowable Land Uses and Use Permit Requirements” is hereby amended to read as follows:

Table 2.2 Residential Zones Allowable Land Uses and Use Permit Requirements1 Land Use R1
CPR1/
CR1
R2 CR2 R3 CR3 Specific Use
Regulations
Residential
Accessory Dwelling Unit (ADU) P P P P P P Section 4.10.015 Accessory Structure P P P P P P Section 4.10.030
Communal Housing -- -- -- -- UP UP
Child Day Care – Small or Large Family
Day Care Home

P P P P P P
Home Occupation P P P P P P Section 6.20.070
Junior Accessory Dwelling Unit (JADU) P P P P P P Section 4.10.015 Multi- Unit Attached Dwelling -- -- P P P P Section 4.25.040, Section 4.25.050
Multi-Unit Detached Dwelling/Cluster
Developments
-- -- P P P P Section 4.25.030
Residential Care – 1 to 6 clients P P P P P P
Residential Care – 7 or more clients -- -- -- -- UP UP
Short-Term Rental (STR) P P P P P P Section 4.10.185
Single-Unit Dwelling P P P P P P Section 2.20.050,
Section 4.25.020
Single Room Occupancy (SRO) Facility -- -- UP UP UP UP Section 4.10.200 Senior Housing -- -- P P P P Section 4.10.180
Tiny Homes on Wheels P P P P P P Section 4.10.215
Transitional and Supportive Housing P P P P P P
Urban Dwelling Units P P - - - - Section 4.25.060
Recreational, Education & Public
Assembly
Community Gardens P P P P P P
Meeting Facility (public or private) UP UP UP UP UP UP
Park or Playground (public) UP UP UP UP UP UP
Public or Quasi-Public Facility UP UP UP UP UP UP
Ordinance No. 24-XX Page 4 of 94
Transportation, Infrastructure & Public
Utilities
Parking Facility -- -- UP -- UP --
Public Utilities Facilities, Minor UP UP UP UP UP UP
Telecommunication Facility UP UP UP UP UP UP Section 4.40 End Note

1. All uses identified as permitted or ‘P” require approval of one or more permits per Section 2.10.040.C.

Legend
P Permitted Use
UP Use Permit Required
-- Use Not Allowed
Part 7. Article IX Development Code, Chapter 2 Section 2.30.030, Table 2.4 entitled “Commercial Zones Allowable Land Uses and Use Permit Requirements” is hereby amended to read as follows:

Table 2.4 Commercial Zones Allowable Land Uses and Permit Requirements1 Land Use CB CBO NC RC VS/
CVS1
CC1 Specific Use
Regulations
Manufacturing Uses
High Technology Uses P4 P4 -- -- P4 P
Manufacturing - Artisan -- -- -- -- -- UP
Recreation, Education & Public Assembly
Commercial Recreation Facility -
Indoor
< 3,000 sf UP UP UP UP UP UP
> 3,000 sf UP UP -- UP UP UP
Commercial Recreation Facility –
Outdoor -- -- -- -- UP UP
Health/Fitness Facility
< 3,000 sf P P P P UP4 UP Section 4.10.135
> 3,000 sf UP UP UP UP UP4 UP
Meeting Facility (public or private)
< 3,000 sf -- P P P P UP
> 3,000 sf -- P P P UP UP
Park or Playground (public) P P P P P P
Public or Quasi-Public Facility UP UP UP UP UP UP
Recreational Vehicle (RV) Park -- -- -- -- UP --
Specialized Education/Training -- UP -- UP -- UP
Studio – Art, Dance, Martial Arts
< 3,000 sf P P P P UP UP Section 4.10.135
> 3,000 sf UP UP UP UP UP UP
Residential
Ordinance No. 24-XX Page 5 of 94
Table 2.4 Commercial Zones Allowable Land Uses and Permit Requirements1 Land Use CB CBO NC RC VS/
CVS1
CC1 Specific Use
Regulations
Accessory Dwelling Unit (ADU) P P P P P P
Only in conjunction with a
permitted or existing
residential use.

Section 4.10.015
Communal Housing -- UP -- -- -- --
Home Occupation P P P P P P Section 6.20.070
Live/Work Unit -- UP UP -- UP7 UP Section 4.10.090
Low Barrier Navigation Center P P P P P P Section 4.10.095 Mixed-Use Project P P P UP UP2 UP Section 4.25.040
Section 4.25.050
Multi-Unit Attached Dwelling -- P -- -- -- -- Section 4.25.040 Section 4.25.050
Residential Care Facility for the Elderly
(RCFE) UP4 UP -- -- -- --
Senior Housing P4 P -- -- -- -- Section 4.10.180
Short-Term Rental (STR) P P P P P P Section 4.10.185
Single Room Occupancy (SRO)
Facility -- UP -- -- -- -- Section 4.10.200
Transitional and Supportive Housing P P P P P2 P
Retail
Adult Business -- -- -- UP -- -- Section 4.20
Automobile Service Station -- -- -- UP -- --
Bar/Tavern/Night Club UP UP -- UP UP --
Building/Landscape Materials, Indoor P P -- P -- --
Building/Landscape Materials, Outdoor -- UP -- UP -- -- General Retail, except the following: P P P P P P
Alcoholic Beverage Sales UP UP UP UP UP --
Drive-thru -- -- -- UP -- --
Floor area (single tenant over
5,000 square feet) P P -- P P P
Operating between 10:00
p.m. and 7:00 a.m. UP UP -- UP UP UP
Resale Stores P P P P P P Section 4.10.160
Thrift Store P P P P -- -- Section 4.10.210
Plant Nursery P P -- P P P
Mobile Vendor P P P P P P Section 4.10.115
Restaurant P P P P P UP
Drive-thru -- -- -- UP -- --
Live Entertainment P P P P P UP Section 4.10.080
Sidewalk Seating P P -- -- P -- Section 4.10.190
Vehicle Sales -- -- -- UP -- --
Wine Tasting P P -- -- P P
Services
Animal Care Facility -- UP UP UP -- UP
Ordinance No. 24-XX Page 6 of 94
Table 2.4 Commercial Zones Allowable Land Uses and Permit Requirements1 Land Use CB CBO NC RC VS/
CVS1
CC1 Specific Use
Regulations
Automated Teller Machine (ATM) P P P P P P
Business Support Services P P P P -- P
Child Day Care - Day Care Center P P P P P P Section 4.10.070 Equipment Rental -- -- -- UP -- --
Financial Institutions P P -- P -- --
Lodging UP UP -- UP3 UP UP
Massage Establishment P4 P P P P4 P Section 4.10.100
Medical Services - Clinic or Urgent
Care -- UP -- UP -- --
Medical Services – Doctor’s Office P P P P -- UP
Medical Services - Extended Care -- UP4 -- UP -- --
Office – Business/Service P P P P P4 P
Office - Professional P P P P P4 P
Office – Visitor Serving -- -- -- -- P P
Personal Services P P P P P UP
Personal Services -Restricted -- -- -- UP -- --
Repair Services – Small Equipment -- P P P -- --
Recycling Facility – Reverse Vending
Machines -- P -- P -- -- Section 4.10.150
Recycling Facility – Small Collection
Facility -- P -- P -- -- Section 4.10.150
Vehicle Rental -- UP -- UP UP 5 UP 5
Vehicle Repair and Services -- -- -- UP -- --
Transportation & Infrastructure
Parking Facility UP UP UP UP UP UP
Public Utilities Facilities, Minor UP UP UP UP UP UP
Telecommunication Facility UP UP UP UP UP6 UP Section 4.40 End Note

1. All uses identified as permitted or ‘P” require approval of one or more permits per Section 2.10.040.C.

2. Use not allowed west of the Union Pacific Railroad tracks or on APN 060-011-036.

3. Use not allowed on West Grand Avenue.

4. Permitted above or behind ground floor commercial uses with frontage on West Grand Avenue.

5. Permitted if visitor-serving (e.g., automobiles or beach related vehicles). No moving trucks.

6. Telecommunications facilities are prohibited west of Highway 1, unless they are not visible from public viewing areas, meet the standards of Section 4.40.030.A.1, or such a prohibition would result in a conflict with Federal Law.

7. Live/Work units only allowed in the CVS zone on lots 7,500 square feet or less and not fronting West Grand Avenue, Highway 1, or 4th Street.

Legend
P Permitted Use
UP Use Permit Required
-- Use Not Allowed
Ordinance No. 24-XX Page 7 of 94
Part 8. Article IX Development Code, Chapter 2 Section 2.30.050 entitled “Commercial Zones Design Standards” is hereby renamed “Commercial Zoes Miscellaneous Standards” and Subsections A through E are hereby amended to read as follows:

A. Mixed-Use and Residential Projects. All mixed-use and residential projects in commercial zones shall comply with the design standards and regulations in Section 4.25 (Residential and Mixed-Use Objective Design Standards).

B. Performance Standards.

1. All roads, parking lots, and structures shall be sited and designed to prevent impacts that would degrade any adjacent environmentally sensitive area, as defined by the General Plan, Local Coastal Program and/or State and federal laws.

2. Drainage systems shall be designed to ensure that all silts and oils are removed prior to the water entering a natural drainage channel or otherwise designed to comply with National Pollutant Discharge Elimination Systems requirements.

3. Areas of significant natural vegetation shall be protected and enhanced.

C. West Grand Avenue Master Plan. The City has adopted the West Grand Avenue Master Plan to serve as guidelines for site planning and architectural design. The regulations in the West Grand Avenue Master Plan apply only to non-residential development and any mixeduse project in which a residential component accounts for one-third or less of the overall floor area of a development project. Applicants shall review the Master Plan to understand the City’s vision for the West Grand Avenue corridor. Development shall be consistent with the Master Plan guidelines, to the extent to which they are consistent with the provisions of the Local Coastal Program.

D. Adjacency to Residential Zones. See Section 3.10.062 (Edge Conditions) E. Design Standards. Nonresidential projects within commercial zones shall comply with the following design standards:

1. Storage and Service Areas. All service areas, vehicle outdoor storage areas, outdoor work areas and loading areas shall be located at the sides and rear of buildings and screened from public view in compliance with Section 3.10.020 (Fences and Walls) and Section 3.10.065 (Screening).

2. Mechanical Equipment. All ground mounted, building mounted, and roof mounted equipment, except for solar collection systems, shall be screened in compliance with Section 3.10.065 (Screening).

3. Trash Enclosures. All trash and recycling storage areas shall comply with Section

3.10.075 (Trash Enclosures).

4. Driveway Entry. Decorative materials such as pavers or scored or colored concrete shall be required at driveway entries, for the full driveway width, from the back of sidewalk for a depth of at least five feet.

Part 9. Article IX Development Code, Chapter 2 Section 2.40.030, Table 2.6 entitled “Industrial Zones Allowable Land Uses and Permit Requirements” is hereby amended to read as follows:

Ordinance No. 24-XX Page 8 of 94
Table 2.6 Industrial Zones Allowable Land Uses and Permit Requirements1 Land Use CI1 CIC1 I Specific Use Regulations
Industry, Manufacturing & Processing
High Technology Uses P P P
Manufacturing, Artisan P P P Section 4.10.130
Manufacturing/Processing, Heavy -- -- UP Section 4.10.130 Manufacturing/Processing, Light P P P Section 4.10.130
Manufacturing/Processing, Medium UP -- UP Section 4.10.130 Media Production P P P
Commercial Cannabis UP UP UP Section 4.10.045
Printing and Publishing P P P
Recycling Facility – Processing -- -- UP Section 4.10.150 Storage – Warehouse P P P
Storage – Outdoor UP -- UP Section 4.10.130
Storage – Personal Storage Facility P -- P Section 4.10.140 Storage - Vehicle UP -- UP Section 4.10.130
Wholesaling and Distribution P P P
Recreation, Education & Public Assembly
Commercial Recreation Facility – Indoor UP UP UP
Commercial Recreation Facility – Outdoor UP -- UP
Health/Fitness Facility UP UP UP Section 4.10.135
Meeting Facility (public or private) UP UP UP
Studio – Art, Dance, Martial Arts UP UP UP Section 4.10.135 Public or Quasi-Public Facility UP UP UP
Specialized Education/Training UP UP UP
Residential
Caretaker’s Residence P P P Section 4.10.050
Home Occupation P -- P P Section 6.20.070
Live/Work Unit UP UP UP Section 4.10.090
Low Barrier Navigation Center P P P Section 4.10.095
Mixed-Use Project -- UP -- Section 4.25.040, Section

4.25.050
Short-Term Rental (STR) -- P -- Section 4.10.185
Transitional and Supportive Housing P P P
Retail
Accessory Retail and Service Uses P P P Section 4.10.020 Adult Business UP -- -- Section 4.20
Automobile Service Station UP -- UP
Building/Landscape Materials, Indoor P -- P
Building/Landscape Materials, Outdoor UP -- UP Section 4.10.130 Fuel Dealer UP -- UP
General Retail P P P
Mobile Vendors P P P Section 4.10.115
Ordinance No. 24-XX Page 9 of 94
Table 2.6 Industrial Zones Allowable Land Uses and Permit Requirements1 Land Use CI1 CIC1 I Specific Use Regulations
Plant Nursery P -- P
Restaurant UP UP UP
Vehicle Sales P -- P
Services
Automated Teller Machine (ATM) P P P
Animal Boarding or Kennel P -- P
Animal Care Facilities P -- P
Business Support Services P P P
Catering Service P P P
Equipment Rental P -- P Section 4.10.130
Lodging -- UP --
Maintenance Service – Client Site Services P UP P Section 4.10.130 Medical Services – Clinic or Urgent Care P -- P
Mortuary/Funeral Home UP -- UP
Office – Business/Service P P P
Office – Processing P P P
Office – Professional P P P
Recycling Facility – Large Collection -- Section 4.10.150 Recycling Facility – Processing UP -- UP Section 4.10.150 Recycling Facility – Reverse Vending Machine P -- P Section 4.10.150 Recycling Facility – Small Collection P -- P Section 4.10.150 Repair Service – Large Equipment P -- P Section 3.10.065; Section

4.10.130
Repair Service – Small Equipment P P P
Vehicle Rental P -- P
Vehicle Repair and Services P -- P Section 4.10.130
Transportation & Infrastructure
Freight Terminal -- -- UP
Parking Facility UP UP UP
Public Utilities Facilities, Major UP UP UP
Public Utilities Facilities, Minor P P P
Telecommunications Facility UP UP UP Section 4.40
End Note

1. All uses identified as permitted or ‘P” require approval of one or more permits per Section 2.10.040.C.

Legend
P Permitted Use
UP Use Permit Required
-- Use Not Allowed
Part 10. Article IX Development Code, Chapter 2 Section 2.40.040, Table 2.7 entitled “Industrial Zones Development Standards” is hereby amended to read as follows:

Ordinance No. 24-XX Page 10 of 94
Table 2.7 Industrial Zones Development Standards

CI CIC I
Building Placement Requirements
Setbacks
Front and Street Side
Adjacent to Residential Zone
10’
15’
10’
NA
10’
15’
Side
Adjacent to Residential Zone
0’
10’
0’
NA
0’
10’
Rear
Adjacent to Residential Zone
0’
10’
0’
NA
0’
10’
Building Form Requirements
Building Height (max.) 40’ 1 40’ 40’ 1
Coverage (max.) 60% 60% 60%
Density/Intensity Requirements
Residential Density (units/acre) – maximum2 N/A 20 N/A
FAR (max.) 1.0 1.0 1.0
Lot Requirements
Lot size (min.) 10,000 sf 10,000 sf 20,000 sf
Lot Width (min.) 60’ 60’ 100’
Lot Depth (min.) 100’ 100’ 100’
Other Requirements
Landscaping (min.) 5% 5% 5%
Fences, Walls and Screening See Section 3.10.020, Section 3.10.065 Parking See Section 3.50
Signs See Section 3.60
End Note

1. Structures that exceed 25 feet in height and are located within 100 feet of a residential zone require a Use Permit.

2. “Gross Acreage” shall be defined as the entire area of a lot measured to the center line of the street and including all rights of way or easements granted to the City or other public agencies.

Part 11. Article IX Development Code, Chapter 2 Section 2.40.050 entitled “Industrial Zones Miscellaneous Standards” is hereby amended to read as follows:

A. Adjacency to Residential Zones. See Section 3.10.062 (Edge Conditions) B. Design Standards. Nonresidential projects within industrial zones shall comply with the following design standards:

1. Industrial Design Guidelines. All industrial development shall comply with the adopted Industrial Design Guidelines.

2. Building Design. Buildings visible from a street shall use exterior building and trim materials consisting of a minimum of two complementary materials. The building entry shall be a focal point with enhanced architectural features. Building elevations visible Ordinance No. 24-XX Page 11 of 94
from a street shall incorporate architectural treatments and/or variations in building setbacks to avoid large unarticulated/monotonous building and roof planes.

3. Access and Parking. Site access shall be convenient and easily identifiable. Parking areas shall be located at the sides and rear of buildings to the maximum extent feasible.

4. Storage and Service Areas. All service areas, outdoor storage areas, outdoor work areas and loading areas shall be located at the sides and rear of buildings to the maximum extent feasible and screened from public view in compliance with Section

3.10.065 (Screening).

5. Mechanical Equipment. All ground mounted, building mounted, and roof mounted equipment, except for solar collection systems, shall be screened in compliance with Section 3.10.065 (Screening).

6. Trash Enclosures. All trash and recycling storage areas shall comply with Section

3.10.075 (Trash Enclosures).

C. Alternative Compliance. An increase in FAR or lot coverage may be permitted per Section

6.20.072 (Modification to Standards).

Part 12. Article IX Development Code, Chapter 2 Section 2.50.020, Table 2.8 entitled “Public Facilities Zone Allowable Land Uses and Permit Requirements” is hereby amended to read as follows:

Table 2.8 Public Facilities Zone Allowable Land Uses and Permit Requirements1 Land Use PF Specific Use Regulations
Recreation, Education & Public Assembly
Community Gardens P
Park or Playground (public) P
Public or Quasi-Public Facility UP
Transportation, Infrastructure & Public Utilities
Parking Facility P
Public Utilities Facilities, Minor P
Public Utilities Facilities, Major UP
Telecommunication Facility UP Section 4.40
End Note

1. All uses identified as permitted or ‘P” require approval of one or more permits per Section

2.10.040.C.

Legend
P Permitted Use
UP Use Permit Required
-- Use Not Allowed
Part 13. Article IX Development Code, Chapter 2 Section 2.50.020, Table 2.8 entitled “Public Facilities Zone Allowable Land Uses and Permit Requirements” is hereby amended to read as follows:

Table 2.9 Parks & Recreation Zone Allowable Land Uses and Permit Requirements1 Land Use PR Specific Use Regulations
Ordinance No. 24-XX Page 12 of 94
Recreation, Education & Public Assembly
Community Gardens P
Park or playground (public) P
Public or Quasi-Public Facility P
Transportation & Infrastructure
Parking Facility P
Public Utilities Facilities, Minor P
Telecommunication Facility UP Section 4.40
End Note

1. All uses identified as permitted or ‘P” require approval of one or more permits per Section

2.10.040.C.

Legend
P Permitted Use
UP Use Permit Required
-- Use Not Allowed
Part 14. Article IX Development Code, Chapter 2 Section 2.50.020, Table 2.8 entitled “Public Facilities Zone Allowable Land Uses and Permit Requirements” is hereby amended to read as follows:

Table 2.10 Open Space Zones Allowable Land Uses and Permit Requirements1 Land Use OS COS1 CGC1 CPB1 CVB1 Specific Use
Regulations
Recreation, Education & Public Assembly
All Open Space, Recreational, Scientific &
Educational Uses -- -- -- P3 P4
Beach Use – Pedestrian Only -- -- -- P --
Beach Use – Vehicles Allowed -- -- -- -- P
Community Gardens P -- -- -- --
Golf Course (Public) -- -- P -- --
Open Space, Undisturbed P P2 -- -- --
Park or Playground (public) P -- -- -- --
Passive Use Facilities P P P P P
Public or Quasi-Public Facility UP UP -- -- --
Scientific/Educational Wildlife Preserves -- P -- -- -- Transportation & Infrastructure
Parking Facility UP UP -- -- --
Telecommunication Facility UP UP5 UP5 -- -- Section 4.40 Ordinance No. 24-XX Page 13 of 94
End Notes

1. All uses identified as permitted or ‘P” require approval of one or more permits per Section 2.10.040.C

2. Use shall not significantly disturb native vegetation and habitat.

3. Uses shall be compatible with visitor enjoyment of the beach and ocean, which do not require the use of any type of motor vehicle.

4. Uses shall be compatible with visitor enjoyment of the beach and ocean, including but not limited to the use of motor vehicles.

5. Telecommunications facilities are prohibited west of Highway 1, unless they are not visible from public viewing areas, meet the standards of Section 4.40.030.A.1., or such a prohibition would result in a conflict with Federal Law. (Am. Ord. 14-04)
Legend
P Permitted Use
UP Use Permit Required
-- Use Not Allowed
Part 15. Article IX Development Code, Chapter 3 Section 3.10.020 entitled “Fences and Walls” is hereby amended to read as follows:

A. Purpose. The purpose of these regulations is to achieve a balance between concerns for privacy and public concerns for enhancement of the community appearance, visual image of the streetscape, overall character of neighborhoods, and to ensure the provision of adequate light, air, and public safety.

B. Applicability. The requirements of this Section apply to all fences and walls located on private property unless otherwise stated.

C. Public Safety and Driver’s Visibility. Fences and walls shall be constructed so as to not interfere with traffic safety sight areas or public safety consistent with Section 3.10.030.E (Restriction to Height Limits at Street Corners).

D. General Measurement. The fence or wall height shall be measured from the lowest adjacent grade to the uppermost part of the fence or wall (Refer to Figure 3.1 – Measurement of Fences and Walls). Fences and walls located within the sight triangle area as depicted in City’s Engineering Standard and Specification (B.21) shall be measured from the roadway grade.

Ordinance No. 24-XX Page 14 of 94
Figure 3.1 – Measurement of Fences and Walls.

E. Height Maximums.

1. Fences and Walls Within Required Setbacks. Height maximums for fences and walls located within required setbacks, as established in Chapter 2 (Zones and Allowable Land Uses), are as set forth Table 3.1.

Table 3.1 Maximum Height of Fences or Walls
Location of Fence or Wall (Within Required Setback)1 Maximum Height2 Front Setback3 3.5 feet (42 inches) 1, 4
Rear Setback3 7 feet
Interior Side Setback3 7 feet
Street Side Setback3 (Corner Lots) 6 feet
Outside of Required Setbacks 7 feet
Sight Triangle Area4 3.5 feet
Notes:

1. Refer to Figure 3.2 – Fence and Wall Setback Areas. See Chapter 2 (Zones and Allowable Land Uses) for required setbacks by zone.

2. For exceptions to established height maximums, see Section 3.10.010.E.2.

3. See Chapter 9 (Definitions) for “Lot Line, Front” and “Setback, Street Side Setback” definitions.

4. See Section 3.10.030.E (Restrictions to Height Limits at Street Corners).

Ordinance No. 24-XX Page 15 of 94
Figure 3.2 – Fence and Wall Setback Areas.

2. Exceptions to Height Maximums.
a. General. Decorative and architectural elements attached to or incorporated into the design of a fence or wall may exceed the required height limit by up to 12 inches, provided the decorative or architectural element(s) are less than 12 inches wide when used to define an entryway, or are spaced at least four feet apart, without requiring approval of a Modification to Standards (Section 6.20.072). b. Within Required Front Setbacks. A fence or wall up to six feet in height is allowed when the portion above 3.5 feet is a minimum of 75 percent transparent, allowing air and light to pass through (refer to Figure 3.3 – Example of 75% Transparency Calculation), without requiring approval of a Modification to Standards (Section

6.20.072).
c. See also Section 3.10.010.K (Alternative Compliance).

Ordinance No. 24-XX Page 16 of 94
Figure 3.3 – Example of 75% Transparency Calculation

3. Arbors, Trellis, and Ornamental Features. Arbors, trellises, and other similar ornamental features are allowed within a required setback subject to the same height maximums that apply to fences and walls, as set forth in Table 3.1, except:
a. Within front, street side, interior side and rear setbacks. Up to one arbor, trellis, or other similar ornamental feature per street frontage is allowed with a maximum height of eight feet, and an area of not more than 40 square feet as measured by the perimeter formed by the vertical projection to the ground of the outermost elements of the feature.

No horizontal dimension shall exceed eight feet in length. Any portion of such a feature wider than 18 inches and that exceeds the usual fence height requirements of this Subsection shall be of an open design such that a person standing on the adjacent public right-of-way can see completely through at least 50 percent of the structure (refer to Figure 3.4 – Measurement of Arbor, Trellis, or Ornamental Feature)).

Ordinance No. 24-XX Page 17 of 94
Figure 3.4 – Measurement of Arbor, Trellis, or Ornamental Feature F. Retaining Walls and Fences on Retaining Walls. Fences and walls located on retaining walls shall comply with the following standards:.

1. Front or Street Side Setback. (Refer to Figure 3.5 Measurement of Retaining Wall and Fence Height located within the Front or Street Side Setback). a. Height. Retaining walls located within the front or street side setback shall not exceed six feet.

Figure 3.5 – Measurement of Retaining Wall and Fence Height located within the Front or Street Side Setbacks
b. Measurement and Spacing.
i. General. Where fences or walls are located on retaining walls within front and street side setbacks, the height of both the retaining wall and the fence shall count toward the overall height of the fence or wall.

Ordinance No. 24-XX Page 18 of 94
ii. Exception. Fences located in the front or street side setback that are set back at least two feet from the retaining wall, as measured from the back of the retaining wall to the front of the fence, shall be measured separately from the retaining wall height.

2. Interior and Rear Setbacks.
a. Lower Lot. Where fences or walls are located on retaining walls or landscaped berms on the lower lot within interior side or rear setbacks, the height of the retaining wall shall not be considered as a part of the overall height of the fence or wall (refer to Figure 3.6 – Measurement of Retaining Wall and Fence Located on Lower Lot).

Figure 3.6 – Measurement of Retaining Wall and Fence Located on Lower Lot b. Higher Lot. Where fences or walls are located on retaining walls, or landscaped berms, that greater than one foot in height on the higher lot, the height of the retaining wall shall count toward the overall height of the fence or wall and shall not exceed seven feet in height as measured from the lower side (refer to Figure 3.7 – Measurement of Retaining Wall and Fence Located on Higher Lot).

Ordinance No. 24-XX Page 19 of 94
Figure 3.7 – Measurement of Retaining Wall and Fence Located on Higher Lot c. Measurement and Spacing. Fences and walls shall have a minimum spacing of three feet between each other to be considered separate structures for purposes of measuring height.

G. Fences and Walls located on Landscaped Berms. Where fences or walls are located on landscaped berms, the height of the fence shall include the berm directly beneath the fence or wall and above natural grade in the overall height measurement (refer to Figure 3.8 – Measurement of Fence on Landscaped Berm).

Figure 3.8 – Measurement of Fence on Landscaped Berm
Ordinance No. 24-XX Page 20 of 94
H. Fences and walls located within the public right-of-way. Fences and walls that comply with the requirements of this Section may be located within the public right-of-way behind the existing or future sidewalk location if an Encroachment Permit is issued.

I. Prohibited materials. The following fencing materials are prohibited in all zones except as follows:

1. Razor or concertina (barbed) wire unless approved by a Use Permit within an industrial zone.

2. Chain link fencing. Chain link fencing shall be prohibited in conjunction with all new structures unless an exception is approved by the Review Authority.

J. Alternative Compliance.

1. Residential Zones. In residential zones, subject to approval of a Modification to Standards (Section 6.20.072), the following may be allowed in unusual circumstances such as topography to maintain the effectiveness of screening as would generally be provided by this Section:
a. A solid fence or wall up to eight feet in height may be allowed in rear and interior side setback areas.
b. Modification to retaining wall heights or spacing requirements. c. Modification to prohibited materials.

2. Nonresidential Zones. In nonresidential zones, subject to approval of a Modification to Standards (Section 6.20.072), the following may be allowed:
a. A solid fence or wall up to eight feet in height for screening or security purposes. b. Modification to prohibited materials.

Part 16. Article IX Development Code, Chapter 3 is hereby amended to include a new Section 3.10.062 entitled “Edge Conditions” and add Table 3.2, and Figure 3.11 (existing Tables

3.2 through Table 3.7 are hereby relabeled as 3.3 through 3.8, respectfully, and existing Figure

3.2 through 3.24 are hereby relabeled as Figure 3.3 through 3.25, respectfully, including all text references throughout the Development Code) to read as follows:

3.10.062 Edge Conditions
A. Purpose. The purpose of these regulations is to minimize potential operational impacts of nonresidential land uses and development within the City and promote compatibility with adjoining residential areas and land uses.

B. Applicability. This Section shall apply to any nonresidential or mixed-use project that abuts a residential zone (Subsections C – E.1) or is adjacent to a residential zone (Subsection E.2).

C. Upper Story Open Spaces. Balconies, terraces, decks, roof decks, and similar types of private or common open spaces located above the first floor of a structure, herein referred to collectively as “upper story open spaces” shall comply with Section 3.10.080 (Upper Story Open Spaces).

Ordinance No. 24-XX Page 21 of 94
D. Landscaping.

1. In Commercial Zones. A minimum of five feet of dense landscaping shall be planted adjacent to the residential zone, measured horizontally from the abutting property line.

2. In Industrial Zones. A minimum of 10 feet of dense landscaping shall be planted adjacent to the residential zone, measured horizontally from the abutting property line.

E. Wall. Where a nonresidential use abuts a residential zone, a wall of at least six feet in height is required.

1. The wall shall consist of a solid, decorative masonry or similar durable material.

2. The wall shall be architecturally treated on both sides.

F. Maximum Height. Where a nonresidential zoned property’s front property line is adjacent to (but does not abut) a residential zone (i.e., located across the street), buildings in the nonresidential zone shall not exceed 35 feet for a depth of 25 feet, as measured from the front property line.

G. Setbacks. Where a rear or side property line of a nonresidential or mixed-use project abuts a residential zone, the setback standards shall be as set forth in Table 3.2: Edge Conditions Minimum Setbacks. See also Figure 3.11: Edge Conditions Side and Rear Setbacks Requirement.

Table 3.2 Edge Conditions Minimum Setbacks
Maximum Building Height1 Minimum Required Setback
1-25 feet 10 feet (minimum setback)
26-34 feet 15 feet
35+ feet 20 feet
Notes:

1. See Section 3.10.030 (Height Limits and Exceptions).

Ordinance No. 24-XX Page 22 of 94
Figure 3.11 –Edge Conditions Side and Rear Setback Requirement.

H. Alternative Compliance. The Review Authority may allow deviation from Subsection D-G through the Modification to Standards process if the findings in Subsection 6.20.072.B can be made.

Part 17. Article IX Development Code, Chapter 3 Section 3.10.065 entitled “Screening” is hereby amended to read as follows:

A. Screening between nonresidential and residential zones. See Section 3.10.062 (Edge Conditions).

B. Mechanical Equipment.

1. In all zones, mechanical equipment shall be screened or incorporated into the design of the building so as not to be visible from view from adjoining public streets and adjoining areas zoned for residential uses. This equipment includes all roof-mounted equipment, air conditioning, heating, ventilation ducts, and exhaust vents, loading docks, trash storage areas, utility services, electrical transformers, gas meters, backflow prevention systems, etc. The exception is any required on-site fire-fighting equipment which must be accessible to emergency personnel.

2. The colors, materials, and architectural style of screening shall be architecturally compatible with the buildings they serve.

3. Roof-mounted mechanical equipment shall be prohibited unless fully screened from public view from adjacent public rights-of-way via architectural treatments. The preferred method of screening roof-mounted equipment shall be behind parapet walls or otherwise integrated into rooftop architectural features.

4. Ground-mounted utility and mechanical equipment shall not be located within any required open space area.

5. Ground-mounted mechanical and electrical equipment shall be placed to avoid conflicts with vehicular and pedestrian circulation.

6. Ground-mounted utility and mechanical equipment screening shall consist either of landscaping, low walls, or low structures. Walls and structures, where used, shall incorporate the same or similar architectural design, colors, and materials as the on-site building(s).

C. Loading Docks and Loading Areas.

1. Noise. Loading docks and areas adjacent to residential uses and noise-sensitive receptors such as schools, hospitals, and community care facilities shall be screened by noise-attenuating walls to achieve City noise ordinance standards. All loading docks and areas shall not be visible from a public street.

2. Screening. All loading zones and truck parking areas shall be screened from public view either by location behind buildings or by a minimum of an eight-foot tall hedge, vinecovered fence, or wall and landscaping in accordance with the Chapter 3.30 (Landscaping). Screen walls shall be designed with comparable building materials to the primary structure on the property excluding metal.

Ordinance No. 24-XX Page 23 of 94
D. Trash Receptacles. Trash, green waste, and recycling receptacles shall not be located within the front yard setback area, except as provided in Municipal Code Article V Chapter 4 Section 5401 (Regulations for Accumulation), and as stated below:

1. Trash, green waste, and recycling receptacles shall be completely screened from public view as seen from the public right-of-way that abuts the front yard by a fence, landscaping, or wall subject to Section 3.10.020 (Fences and Walls).

2. Developments that are approved for individual waste wheelers shall remove waste wheelers from the common area visible from the public right-of-way in compliance with this Section.

3. Developments with shared bin service shall utilize approved enclosure locations consistent with Section 3.10.075 (Trash Enclosures).

Part 18. Article IX Development Code, Chapter 3 Section 3.10.080 entitled “Upper Story/Rooftop Decks and Open Spaces” is hereby renamed “Upper Story Open Spaces” and amended to read as follows:

A. Purpose. The Upper Story and Open Space standards support privacy between sensitive uses and establish elements in the site design and building design to result in a compatible transition between properties.

B. Applicability. The standards below apply to new construction, additions, or remodels that include open spaces above the first floor of a structure, including but not limited to; balconies, terraces, decks, roof decks, and similar types of spaces, herein referred to collectively as “upper story open spaces”. Upper story open spaces may be covered or uncovered.

C. Permit Requirements. Upper story open spaces are subject to Zoning Clearance prior to issuance of building permits (Section 6.20.110).

D. Additional Setbacks. Upper story open spaces located in any residential zone and upper story open spaces located in any non-residential zone that is adjacent to a residential zone shall comply with additional setback requirements:

1. Upper story open spaces shall be set back an additional five feet from the required rear or side setback as shown in Figure 3.12.

Ordinance No. 24-XX Page 24 of 94
Figure 3.12 – Setbacks for Upper Story Open Spaces
E. Design Standards.

1. Access. Any exterior stairway access to an upper story open space shall be integrated into the design of the structure in terms of materials, colors, and architectural style and shall not be visible from any front or street side public right-of-way. Cantilevered stairway designs are specifically prohibited.

2. Rooftop Decks. Rooftop decks shall be prohibited on any detached accessory structure or detached accessory dwelling unit

3. Cantilevered Features. The braces for any cantilevered feature whether attached to the structure or that extend to the ground shall be integrated into the design of the structure in terms of materials, colors, and architectural style.

4. Equipment. Mechanical equipment that is placed on any upper story open space shall be screened in compliance with Section 3.10.065 (Screening).

5. Furniture. All furniture and accessories located on a rooftop deck shall be secured as necessary to prevent wind damage or dislocation. No furniture or other similar materials may be placed on any portion of a roof or upper story outside of the lawfully designed open space intended for such use.

6. Guardrails. The guardrail for any upper story open space shall be integrated into the design of the structure in terms of materials, colors, and architectural style. The guardrail Ordinance No. 24-XX Page 25 of 94
shall be designed with at least 50% opacity to visually obscure views of personal storage within the open space area.

7. Height Limits.
a. General. The height of any railings or parapets, exterior stairways, permanent shade structures (including awnings, canopies, pergolas, trellises, or similar structures), and any other features shall not exceed the maximum allowable building height for the structure, except as described below and as otherwise allowed by Section 3.10.030 (Height Limits and Exceptions). b. Exception. Temporary objects that rest upon the upper story open space such as patio furniture and landscaping shall be allowed to exceed the maximum height limit by five feet. No other temporary or permanent structures or features shall exceed the maximum height limit.

8. Lighting. Lighting for (including access to) upper story open spaces shall be appropriately designed, located, and shielded to not negatively impact any adjacent properties, in accordance with Section 3.10.040 (Outdoor Lighting). An application for Zoning Clearance shall include a lighting plan to demonstrate compliance with this requirement.

F. Alternative Compliance. Design standards for upper story open spaces are not intended to limit creative solutions. The Review Authority may allow deviations from Subsection D (Additional Setbacks) through the Modification to Standards process if the findings in Section

6.20.072.B.10 can be made.

Part 19. Article IX Development Code, Chapter 4 Section 4.10.015 entitled “Accessory Dwelling Units (ADUs)” is hereby repealed and replaced to read as follows:

A. Purpose. The purpose of this Section is to allow and regulate Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs), both as defined in Section 9.10:

Definitions) consistent with Government Code Sections 66310 - 66342. Implementation of this Section is meant to expand housing opportunities by increasing the number of smaller units available within the city.

B. Permit requirements. Any ADU or JADU that complies with all of the applicable development standards of this Section requires only a ministerial building permit. In the Coastal Zone, an Administrative Coastal Development Permit is required unless exempt consistent with Section 6.20.040.B.2, prior to issuance of building permits.

C. Prohibited Locations. ADUs and JADUs shall be prohibited under the following circumstances.

1. Urban Lot Split. ADUs and JADUs shall be prohibited on properties associated with an Urban Lot Split (see Section 8.160) which also include Urban Dwelling Units (see Section

4.25.060), as described by Government Code Section 65852.21(f).

D. Specific Standards for ADUs and JADUs on a Lot with a Single-Unit Dwelling. ADU and JADU standards for lots with a proposed or existing single-unit dwelling shall comply with the following:

Ordinance No. 24-XX Page 26 of 94

1. Maximum Number. No more than one JADU and one ADU shall be allowed per legal lot.

2. JADUs. JADUs shall comply with the requirements of Government Code Section 66333- 66339.

3. Interior ADU on a Lot with a Single-Unit Dwelling.
a. Definition. An interior ADU (converted space) is either:
i. Within the space of an existing single-unit dwelling; or ii. Within the existing space of an accessory structure, An Interior ADU may provide for up to 150 additional square foot addition if the expansion is limited to accommodating ingress and egress. b. Access. An interior ADU shall have exterior access that is independent of that for the single-unit dwelling; and
c. Setbacks. An interior ADU shall have side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.

4. Attached ADU on a Lot with a Single-Unit Dwelling.
a. Definition. An attached ADU consists of new construction that is attached to an existing or proposed structure and is not considered an interior ADU as defined in subsection C.3.a.
b. Maximum Height. An attached ADU shall not exceed 25 feet in height.

Notwithstanding the foregoing, ADUs shall not exceed two stories. c. Minimum Setbacks.
i. Front setback: 15 feet
ii. Interior and street side setback: 4 feet
iii. Rear setback: 4 feet
d. Size. The total floor area of an attached ADU on a lot with a Single-Unit Dwelling shall not exceed 50 percent of the existing primary dwelling and shall comply with Section

4.10.015.E.1 (Size).

5. Detached ADU on a Lot with a Single-Unit Dwelling.
a. Definition. A detached ADU consists of new construction that is detached from any existing structures and is not considered an interior or attached ADU as defined in subsections C.3.a and C.4.a
b. Maximum Height. A detached ADU shall not exceed 16 feet in height. c. Minimum Setbacks.
i. Front setback: 15 feet
ii. Interior and street side setback: 4 feet
iii. Rear setback: 4 feet
Ordinance No. 24-XX Page 27 of 94
E. Specific Standards for ADUs on a Lot with Multi-Unit Dwellings. ADU standards for lots in a residential or mixed-use zone with existing or proposed multi-unit dwellings shall comply with the following:

1. Maximum Number.
a. Up to 25 percent of the number of existing units in a multi-unit development (rounded to the nearest whole number, but no less than one) shall be allowed as interior ADUs created within the space of the existing or proposed multi-family structure; and b. No more than two detached ADUs per lot with an existing or proposed multi-unit development.

2. Interior ADU on a Lot with Multi-Unit Dwellings.
a. Definition. An interior ADU (conversion of existing space) is created from space located within portions of existing multi-unit dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages (and shall not be created from space associated with commercial portions of mixed-use structures); and
b. Standards. An interior ADU shall comply with California building code standards for dwellings.

3. Detached ADU on a Lot with Multi-Unit Dwellings.
a. Definition. A detached ADU consists of new construction that is detached from any proposed or existing structures and is not considered an interior ADU as defined in subsection D.2.a.
b. Maximum Height. A detached ADU shall not exceed 18 feet in height. c. Minimum Setbacks.
i. Front setback: 10 feet
ii. Interior and street side setback: 4 feet
iii. Rear setback: 4 feet
F. Development Standards. The standards in this Subsection shall apply to all ADUs and JADUs.

1. Density. ADUs and JADUs shall not count towards the allowable density of units per acre prescribed per zone under Development Code Chapter 2 (Zones and Allowable Land Uses).

2. Size.
a. Size Minimum. An ADU or JADU shall have a minimum floor area of 150 square feet. b. ADU Size Maximum. An ADU shall not exceed 850 square feet for a studio or onebedroom unit and 1,200 square feet for a unit with two or more bedrooms. However, no application of any setback or Objective Design Standard may require an ADU to be less than 800 square feet, as described in subsection G of this section. c. JADU Size Maximum. A JADU shall have a maximum floor area of 500 square feet.

Ordinance No. 24-XX Page 28 of 94

3. Floor Area Ratio. ADUs shall be excluded from the calculation of Floor Area Ratio limitations (Section 2.30.040; Commercial Zones Development Standards).

4. Lot Coverage. ADUs and JADUs shall be excluded from the calculation of lot coverage (Section 3.10.035; Lot Coverage and Exceptions).

5. Open Space Requirements. ADUs and JADUs shall be excluded from the Open Space Requirements (Section 3.10.045; Open Space for Residential Uses).

6. Upper Story Open Spaces. Upper Story Open Spaces associated with the construction of an ADU or JADU shall comply with all requirements under Section 3.10.080 (Upper Story/Rooftop Decks and Open Spaces).

7. Trash Receptacles. JADUs and ADUs shall have direct access to trash receptacles for the property. Plans submitted for building permits shall identify locations of trash, green waste, and recycling receptacles, in compliance with Municipal Code Article V Chapter 4 Section 5401. Projects that include new ADUs that result in more than four dwellings on the property shall comply with Chapter 3, Section 3.10.075 (Trash Enclosures).

8. Parking. ADUs and JADUs are exempt from any additional vehicle parking requirements.

9. Objective Design Standards. The standards in this Subsection shall apply to all ADUs and JADUs.
a. Building Orientation and Primary Entryway.
i. ADUs and JADUs shall have independent exterior access. ii. ADUs and JADUs located within 20 feet from the front or street side property line shall:
(1) Have the primary entrance oriented towards the street; and (2) Provide an entryway that consists of either of the following entryway types:
(a) A front porch with a minimum depth of five feet and a minimum length of eight feet; or
(b) A recess or stoop measuring at least four feet by four feet which is defined by a covered entry, distinct change in roof line, or recess. (c) See Figure 4.3 in Subsection 4.25.020.D.4 for entryway examples. b. Massing. The square footage of any story of an ADU or JADU constructed above the first story (excluding conversion of existing space) shall have a maximum floor area that is no more than 80 percent of the floor area of the first story. i. First floor calculation shall include all interior living areas, including interior and exterior staircases, attached garages, and covered porches connected to the first floor.
ii. The floor area of upper stories is inclusive of all interior living area with walls; all staircases; porches, decks, and balconies that are covered by a roof structure; as well as any mezzanines, lofts, or other partial floor areas. The upper story of the structure shall not cantilever a distance of more than three feet beyond the façade of the first story of the structure.

Ordinance No. 24-XX Page 29 of 94
c. Façade Articulation.
i. New construction of any ADU or JADU (excluding conversion of existing space) shall carry the same theme on all elevations. For the purposes of this standard, a theme includes primary (non­accent) materials and colors. ii. Blank and/or flat walls shall be prohibited for new ADUs or JADUs (excluding conversion of existing space). Exterior walls along the second story shall provide at least one of the following articulation strategies for every 15 feet along the façade:
(1) Windows or other openings;
(2) Change in wall plane (two feet minimum depth for a length of at least five feet); (3) A horizontal cornice, wainscot, or other type of banding that wraps along the sides the structure (the banding shall wrap around the entire structure or end along an inside corner that avoids exposed edges);
(4) A change in exterior color or material.
(5) Exceed entryway minimum requirements (per Subsection 4.10.015.E.7.a.2) by an additional width equal to at least 10 percent of the length of the building façade on which the entryway is located.
d. Fenestration.
i. New detached or attached ADUs shall comply with at least one of the following fenestration strategies (or any combination thereof):
(1) Provide window trim on all windows, with a minimum width of 3.5 inches. (2) Inset all windows by at least two inches from face of glass to face of window trim (or to face of exterior wall if there is no trim). (3) Lintels or awnings applied over all window openings. (4) Windowsills projecting a minimum of two inches beyond the building façade on all windows.
e. Materials.
i. New ADUs and JADUs (excluding conversion of existing space) that include two or more exterior materials shall ensure that exterior material transitions along an inside corner of the structure, avoiding exposed edges when viewed from the side. ii. The following exterior siding materials shall be prohibited; vinyl and aluminum siding, T-111 plywood, and exterior insulation finishing system (EIFS). iii. The following roofing materials shall be prohibited: corrugated metal, galvanized metal, or similar sheets and panels for the use of roofing materials are also prohibited.
f. Roofs. New ADUs and JADUs (excluding conversion of existing space) shall comply with at least one of the following:

Ordinance No. 24-XX Page 30 of 94
i. An ADU shall have the same roof style (e.g., gable, hip, etc.) as the roof style of the primary dwelling(s);
ii. An ADU shall have the same roof slope as the dominant roof slope of the primary dwelling(s), with the dominant roof slope being the slope shared by the largest portion of the roof;
iii. An ADU shall have the same roof material and color as the primary dwelling(s); and
G. General ADU and JADU requirements.

1. Separate Conveyance. No subdivision of property shall be allowed where an ADU (including JADUs) has been established and the resulting subdivision does not maintain the primary residence on the same lot as the ADU(s). Except as provided in Government Code Section 66341, ADUs may not be sold or otherwise conveyed separate from the primary residence. JADUs may not be sold or otherwise conveyed separate from the primary residence.

2. Short-Term Rental Prohibited. ADUs and JADUs shall not be rented for a period of less than thirty days. Short Term Rentals are prohibited within any ADU or JADU.

3. Owner Occupancy.
a. JADUs. Owner-occupancy is required for properties on which a JADU is proposed.

The owner may reside in the JADU or primary dwelling on the property. b. ADUs. ADUs are not subject to any owner-occupancy requirements unless the property has both an ADU and a JADU, in which case the JADU owner-occupancy requirements apply.

4. Utility Connections. ADUs and JADUs shall be connected to City water and sewer services. Separate utility connections and meters are not required if the ADU/JADU complies with Government Code Section 66324 (d) and (e).

5. Fire Sprinklers and Access.
a. Fire sprinklers are required in an ADU (interior, attached, or detached) and JADU if sprinklers are required in the primary residence.
b. The construction of an ADU (interior, attached, or detached) or JADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. c. ADUs or JADUs shall comply with all access requirements in compliance with Municipal Code Article 8.

6. Development Impact Fees. Payment of development impact fees are required as follows:
a. ADUs and JADUs with floor area of 750 square feet or less shall not pay development impact fees.
b. ADUs with floor area greater than 750 square feet shall be charged development impact fees that are proportional in relation to the square footage of the primary structure, as shown on the Master Fee Schedule.

Ordinance No. 24-XX Page 31 of 94

7. JADU Covenant Agreement. Prior to the issuance of building permits for a JADU, a covenant agreement shall be recorded against the title of the property in the County Recorder’s office and a copy filed with the Director which discloses the structure’s approved floor plan and status as a “Junior Accessory Dwelling Unit” and agreeing that the owner of the property will occupy either the primary residence or the JADU. The covenant agreement must run with the land and bind all future owners. The form of the covenant agreement will be provided by the City.

8. ADU Covenant Agreement. Prior to issuance of a building permit for an ADU, a covenant agreement must be recorded against the title of the property in the County Recorder’s office and a copy filed with the Director which discloses the structure’s approved floor plan and status as an “Accessory Dwelling Unit”. The covenant agreement must run with the land and bind all future owners. The form of the covenant agreement will be provided by the City.

H. Alternative Compliance.

1. General. The standards under this Section are not intended to physically preclude the construction of one ADU (attached or detached) of up to 800 square feet, in accordance with Government Code Section 66321(b)(3).

2. Exemption from Standards. To allow for an ADU of up to 800 square feet, development standards shall be modified in the following order and only as necessary to enable the construction of an ADU of up to 800 square feet:
a. Primary Entryway
b. Rear and side setbacks
c. Front setback
d. Massing

3. Application. In an application where standards are requested to be waived, the applicant shall demonstrate that there are no feasible alternatives to redesign the project to comply with the required standards due to existing physical constraints, and that the requested reduction to the relevant standard is the minimum deviation necessary to allow the construction of an ADU of a minimum size of 800 square feet. For the purpose of these requirements, existing structures are not considered a physical constraint.

Part 20. Article IX Development Code, Chapter 4 Section 4.10.030 entitled “Accessory Structures” is hereby amended to read as follows:

A. Purpose. This Section provides standards for accessory structures located in residential zones, where allowed by Chapter 2 (Zones and Allowable Land Uses).

1. Relationship to primary use. An accessory structure shall be incidental in function and scale to the primary structures on the site.

2. Timing of installation. An accessory structure shall only be constructed concurrent with or after the construction of a primary structure on the same site.

Ordinance No. 24-XX Page 32 of 94
B. Applicability. This Section shall apply to all new accessory structures as defined in Chapter 9, located on the same site as the primary structure or use to which it is accessory, including, but not limited to, garages, carports, porte-cocheres, sheds, workshops, gazebos, greenhouses, cabanas, trellises, play structures, aviaries, covered patios, and decks greater than 30 inches above ground level. This Section shall not apply to Accessory Dwelling Units or Junior Accessory Dwelling Units, as described in Section 4.10.015 (Accessory Dwelling Units).

C. Permit Requirements. A building permit is required for all accessory structures except detached accessory structures that do not provide any electrical, plumbing, or other utility connections, may be exempt from the building permit requirement when the structure is less than 120 square feet and less than 10 feet in height. In the Coastal Zone, a Coastal Development Permit or Administrative Coastal Development Permit is required unless exempt consistent with Section 6.20.040.B.2, prior to issuance of building permits.

D. Covenant Agreement. Prior to final building permit approval, a covenant agreement shall be recorded that discloses the structure’s approved floor plan and status as an “accessory structure” which cannot contain living space as defined in the California Building Codes. This agreement shall be recorded in the office of the county recorder to provide constructive notice to all future owners of the property.

E. Attached Structures. An accessory structure attached to the primary structure shall comply with the development standards of the applicable zone.

F. Detached Structures. An accessory structure that is detached from the primary residence shall comply with the development standards of the applicable zone, except as follows:

1. Accessory Structures That Do Not Require a Building Permit. An accessory structure that does not exceed 120 square feet in floor area and 10 feet in height does not require a building permit.
a. Setbacks. Accessory structures that do not require a building permit may be located within the side or rear setback
b. Number. A maximum of two accessory structures that do not require a building permit shall be allowed.

2. Maximum Height Requirements. An accessory structure shall not exceed 16 feet in height.

3. Upper Story Open Spaces. Upper Story Open Spaces shall comply with all requirements under Section 3.10.080 (Upper Story Open Spaces).

4. Canopy structures. Canopy structures shall not be allowed in driveways, front setback areas, or street side setback areas unless located behind the primary structure and not visible from the public right-of-way.

5. Size. The combined floor area of all accessory structures shall not exceed 50% of the size of the primary structure on the property, including both accessory structures that are larger than 120 square feet and those that are less than 120 square feet.

Ordinance No. 24-XX Page 33 of 94
Part 21. Article IX Development Code, Chapter 5 Section 5.10.030 entitled “General Provisions” Subsection B is hereby amended to read as follows:

B. Basis for establishing the areas of special flood hazards. The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the most recent edition adopted by City Council by Resolution of the “Flood Insurance Study (FIS) for San Luis Obispo County, California and Incorporated Areas”, with accompanying Flood Insurance Rate Maps (FIRM’s) and Flood Boundary and Floodway Maps (FBFM’s) are hereby adopted by reference and declared to be a part of this Section. This FIS and attendant mapping is the minimum area of applicability of this Section and may be supplemented by studies for other areas which allow implementation of this Section and which are recommended to the Council by the Floodplain Administrator. In addition, the area of special flood hazards shall be expanded to include areas that are expected to be inundated by continued and accelerated sea level rise over the expected life of the development. The area potentially subject to sea level rise shall be based upon up-to-date scientific papers and studies, agency guidance (such as the 2012 National Research Council report Sea-Level Rise for the Coasts of California, Oregon, and Washington: Past, Present, and Future) and reports by national and international groups such as the Intergovernmental Panel on climate Change. The study, FIRM’s and FBFM’s are on file at the City of Grover Beach Community Development Department, 154 South Eighth Street, Grover Beach, California.

Part 22. Article IX Development Code, Chapter 6 Section 6.10.020 entitled “Authority for Land Use and Zoning Decisions” is hereby amended to read as follows:

A. Table 6.1 (Review Authority), below, identifies the Review Authority responsible for reviewing and making decisions on each type of development application required by this Development Code.

1. Director. Except when combined with other non-administrative actions, the Director is the designated review authority for permits and actions that are generally limited to interpretation of policy or are considered administrative in nature, in compliance with Government Code Section 65901, and the California Environmental Quality Act (CEQA).

Accordingly, the Director has primary administrative authority over certain activities that require the determination of compliance with applicable Development Code provisions.

The Director, at the Director’s sole discretion, may elevate the level of review to a higher review process and/or authority.

2. Planning Commission. Except when combined with legislative actions, the Planning Commission is the designated review authority for all non-administrative quasi-judicial permits and actions. Additionally, the Planning Commission may review administrative permits and actions referred by the Director.

3. City Council. The designated review authority for all legislative actions is the City Council, which may be based on recommendations provided by the Planning Commission or Director.

Part 23. Article IX Development Code, Chapter 6 Section 6.10.020 entitled “Authority for Land Use and Zoning Decisions” is hereby amended to read as follows:

Ordinance No. 24-XX Page 34 of 94
Table 6.1 Review Authority
Type of Action1 Code Section Review Authority2
Director Commission Council
Legislative Actions
General Plan Amendment 7.30 Recommend Recommend Decision Local Coastal Program Amendment 7.30 Recommend Recommend Decision3 Development Code Amendment 7.30 Recommend Recommend Decision Financial Assistance Council Policy Recommend No action Decision Non-Administrative & Quasi-Judicial Actions
Coastal Development Permit 6.20.040 Recommend Decision Appeal Development Permit 6.20.060 Recommend Decision Appeal
Use Permit 6.20.090 Recommend Decision4 Appeal4
Variance 6.20.100 Recommend Decision Appeal
Administrative Actions
Administrative Development Permit 6.20.020 Decision Appeal Appeal Administrative Coastal Development
Permit 6.20.040 Decision Appeal Appeal
Changes to an Approved
Development 6.30.070 Decision - -
Zoning Clearance5 6.20.110 Decision6 -- --
Home Occupation Permit 6.20.070 Decision Appeal Appeal
Modification to Standards 6.20.072 Decision7 Appeal7 Appeal Short-Term Rental Permit 4.10.185 Decision Appeal Appeal Temporary Use Permit 6.20.080 Decision Appeal Appeal
Interpretations 1.20.050 Decision Appeal Appeal
Note:

1. See Table 8.1 (Review Authority) for the review authority responsible for subdivision applications and maps

2. The Review Authority responsible for reviewing and making decisions on each type of permit shall be responsible for making any applicable CEQA determination. A CEQA determination may be appealed to the Council.

3. The decision by the City Council does not take effect until it is certified by the California Coastal Commission.

4. The City Council shall be the Review Authority for Use Permits for Commercial Cannabis Retailer and Microbusinesses with retailer uses (see Section 4.10.045 – Commercial Cannabis Activity and Uses).

5. The Director’s decision under a Zoning Clearance is a ministerial action and not subject to an appeal.

6. For projects subject to a Zoning Clearance with a Subdivision Map or a Tentative Parcel Map, the Planning Commission shall be the Review Authority.

7. Items subject to Director review are listed in Section 6.20.072.B.2-9; items subject to Planning Commission review are listed in Section 6.20.072.B.1. Modifications to two or more items listed in Subsection B.2-9 shall be reviewed by the Planning Commission.

Part 24. Article IX Development Code, Chapter 6 Section 6.10.030 entitled “Application Preparation and Filing” Subsection A is hereby amended to read as follows:

A. Pre-application.

1. An applicant may submit a pre-application review with the Director before completing and filing a development application for major development applications (e.g., residential subdivisions greater than 10 units, mixed-use projects, large non-residential projects, etc.), or to ensure conformity with objective design standards prior to building permit submittal for projects that may be approved with a Zoning Clearance (Section 6.20.110).

2. The purpose of the review is to:

Ordinance No. 24-XX Page 35 of 94
a. Inform the applicant of development and design standards as they apply to the proposed development;
b. Review the City’s permit process, possible development alternatives, or modifications; and
c. Identify information and materials the City typically requires for similar applications, and any necessary technical studies and information relating to the environmental review of the development (if applicable).

3. At the discretion of the Director, the applicant may include request for a presentation to the Planning Commission to receive feedback on a conceptual project design.

4. The purpose of the review for a project that requires a Zoning Clearance is to provide verification that the proposed project is in conformance with objective development and design standards or identify which standards are not in compliance with the Development Code. The applicant may re-submit for an additional review and pay the required fee as established in the Master Fee Schedule.

5. Failure by City staff to identify all required studies or all applicable standards does not constitute a waiver of those studies or standards.

6. The pre-application review shall not be construed as either a recommendation for approval or denial of the application by the City.

Part 25. Article IX Development Code, Chapter 6 Section 6.10.030 entitled “Application Preparation and Filing” is hereby amended to include a new Subsection E to read as follows:

E. Additional Permits. A land use on property that complies with the permit requirement or exemption provisions of the Development Code shall also comply with the permit requirements of other Municipal Code provisions and any permit requirements of other agencies before construction or use of the property is commenced. All necessary permits shall be obtained before starting work or establishing a new use, with the exception that a demolition permit may be obtained, and demolition work carried out prior to starting work or establishing a new use.

Part 26. Article IX Development Code, Chapter 6 Section 6.10.040 entitled “Application Review” is hereby amended to read as follows:

A. Determination of completeness. The Director shall review each application for completeness and accuracy before it is accepted as being complete and considered officially filed. The Director's determination of completeness shall be based on the Department’s submittal requirements and any additional instructions provided by the Director.

1. Notification of Applicant. As required by Government Code Section 65943, within 30 calendar days of application filing, the applicant shall be informed in writing that the application is complete and has been accepted for processing or that the application is incomplete and that additional information, specified in the Director’s letter, shall be provided to complete the application process.

Ordinance No. 24-XX Page 36 of 94

2. Appeal of determination. Where the Director has determined that an application is incomplete, and the applicant believes that the application is complete and/or that the information requested by the Director is not required, the applicant may appeal the determination in compliance with Section 7.20 (Appeals).

3. Submittal of additional information.
a. When an application is incomplete, the time used by the applicant to submit the required additional information shall not be considered part of the time within which the determination of completeness shall occur.
b. The Director’s review of any information resubmitted by the applicant shall be accomplished in compliance with Subparagraph A.1., above, along with another 30- day period of review for completeness for each resubmittal as necessary.

4. Environmental information. After an application has been accepted as complete, the Director may require the applicant to submit additional information needed for the environmental review of the development in compliance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines.

B. Determination of Coastal Development Permit Notice and Hearing. For developments proposed within the Coastal Zone, (see Section 6.20.040 Coastal Development Permits), the Director shall make the determination as to whether the development is categorically excluded, non-appealable, or appealable for the purposes of notice, hearing, and appeal procedures, at the same time that completeness review occurs in compliance with Subsection A.

C. Housing Streamlined Review. See Section 6.40 (Housing Streamlined Review) for housing streamlining processes allowed by State law.

D. Inactive Applications. An application will be classified as “inactive” when the applicant has not responded within 180 days to submit items required by staff for further processing as provided in an incomplete letter. The Director may grant one six-month extension, if requested in writing by the applicant prior to the date of expiration. The Director shall determine when an application is in an “inactive status” and deemed to be withdrawn. Upon determination of inactive status, the Director may authorize a partial refund based upon the pro-rated costs to-date at the time of withdrawal. At which time, the Director may authorize a partial refund based upon the pro-rated costs to-date at the time of withdrawal. After the expiration of an application, development approval shall require the submittal of a new, complete application, together with all required deposits and/or fees.

Part 27. Article IX Development Code, Chapter 6 Section 6.10.050 entitled “Development Evaluation and Staff Reports” is hereby amended to include new Subsection E and F to read as follows:

E. Burden of Proof. The burden of proof to establish the evidence in support of the required finding(s) for any permit or approval in compliance with the Development Code is the responsibility of the applicant.

F. Precedence.

1. Each permit or approval shall be evaluated on a case-by-case basis.

Ordinance No. 24-XX Page 37 of 94

2. The granting of a prior permit or approval, or the denial of a permit, either on the subject property or any other property within the City does not establish a precedent and is not justification for the granting or denial of a separate permit under current review.

Part 28. Article IX Development Code, Chapter 6 Section 6.20.020 entitled “Administrative Development Permit” is hereby amended to read as follows:

A. Purpose. This Section establishes procedures for Administrative Development Permits that is intended to provide an administrative staff-level review of qualifying new development projects.

B. Applicability. An Administrative Development Permit is required for the following types of projects:

1. Small Residential Developments. Residential projects that consist of the construction, additions, rehabilitation, or remodel resulting in four or fewer dwelling units (excluding ADUs) when subject to any of the following circumstances:
a. Projects that require development or design review as a condition of a subdivision approval, Use Permit, or other discretionary entitlement. b. Project sites located within or along a creek or waterway, as identified in the City’s General Plan Conservation and Open Space Element. c. Projects that are located on a parcel having an average natural slope gradient of 20 percent or more.

2. Mixed-use Developments. Mixed-use development projects that consist of the construction, additions, rehabilitation, or remodel resulting in less than 10 dwelling units (excluding ADUs) that does not result in any new nonresidential building area;

3. Significant Additions. Significant additions to any of the project types listed above that would result in 25% or more increase in total building area.

4. Grading Permits. Projects applying for grading permits that are not associated with an approved building permit or other development permits.

5. Minor or Incidental Improvements. Development projects that consist of the modifications, reconstruction, rehabilitation, remodel, or minor addition to an existing structure or site, which are not considered exempt under Section 6.20.20(C).

C. Exemptions. The following types of projects are exempt from an Administrative Development Permit:

1. Projects subject to the approval of a Zoning Clearance application, as identified in Section 6.20.110.B (Applicability).

2. ADUs and JADUs that are subject to Section 4.10.015 (Accessory Dwelling Units).

3. Accessory Structures that are in compliance with Section 4.10.020 (Accessory Structures) and all applicable objective design standards of this Development Code.

4. Urban Dwelling Units that are subject to Section 4.25.060 (Urban Dwelling Units).

Ordinance No. 24-XX Page 38 of 94
D. Review Authority. The Director shall approve, conditionally approve, or deny an Administrative Development Permit application. The Director, at the Director’s sole discretion, may elevate the application for review by the Planning Commission.

E. Application Requirements. An application for an Administrative Development Permit shall be prepared, filed, and processed in compliance with Section 6.10 (Permit Application Filing and Processing).

F. Public Notice, Appeals, and Hearing for Administrative Development Permits.

1. Notice Required. Notice of the intent to approve an Administrative Development Permit application, or approve with conditions, shall be mailed by the Director to the applicant and all property owners within 100 feet of the exterior boundaries of the subject property.

The notice shall include the scheduled approval date and state that any interested party may file an appeal of the Director’s intended decision to the Planning Commission within 10 days of the approval date. In the event the Director acts to deny the application, no public notice shall be required. However, the Director shall notify the applicant of the right to appeal the denial to the Planning Commission.

2. Appeals. If an appeal is received, the Director shall schedule the appeal for a public hearing before the Planning Commission at the next available Commission hearing in accordance with Section 7.10 (Public Hearings). The person filing the appeal shall pay the fee as established in the Master Fee Schedule.

3. Hearings. No public hearing shall be required for a Director-approved Administrative Development Permit.

G. Findings. The Director may approve an Administrative Development Permit only after making all of the following findings:

1. The proposed development is consistent with the General Plan, this Development Code, and other City goals, policies, and standards, as applicable.

2. The subject site is physically suitable in terms of design, operating characteristics, shape, size, and topography.

3. The proposed development will not constitute a hazard to the public, health, safety, or welfare.

H. Conditions of Approval. In approving an Administrative Development Permit, the Director may impose conditions of approval to ensure that the development will comply with the findings required by Subsection G (Findings).

Part 29. Article IX Development Code, Chapter 6 Section 6.20.020 entitled “Coastal Development Permit” is hereby amended to read as follows:

A. Purpose. The purpose of this Section is to establish the processes for review of all development within the coastal zone of the City of Grover Beach as required to implement the provisions of the City’s Local Coastal Program, the California Coastal Act, and the California Code of Regulations Title 14 Division 5.5.

B. Definitions. Definitions provided in Section 9.10.040 (Coastal Act Definitions) are specifically adopted to implement the City of Grover Beach Local Coastal Program.

Ordinance No. 24-XX Page 39 of 94
C. Applicability. All properties within the coastal zone, as defined in the California Coastal Act, are subject to the provisions of this Section.

D. Conflicting Provisions. If conflicts occur between other procedures in Article IX of the Grover Beach Municipal Code and the procedures of this Section, this Section shall control.

E. Permit Requirements.

1. Administrative Coastal Development Permit. An Administrative Coastal Development Permit is required to authorize any non-appealable development project located within the Coastal Zone, except as otherwise provided in Subsection 3 (Exemptions). The requirements for obtaining an Administrative Coastal Development Permit shall be in addition to requirements to obtain any other permits required by this Development Code.

2. Coastal Development Permit. A Coastal Development Permit is required to authorize any development located in the Coastal Zone in accordance with the provisions of this Section, except as otherwise provided in Subsection 1 (Administrative Coastal Development Permit) or Subsection 3 (Exemptions). “Development” for purposes of this Section is defined in Section 9.10.030 (Coastal Act Definitions). The requirements for obtaining a Coastal Development Permit shall be in addition to requirements to obtain any other permits required by this Development Code.

3. Exemptions. The following projects are exempt from the requirement to obtain a Coastal Development Permit or Administrative Coastal Development Permit. a. Occupancy permits.
b. Development exempt by Public Resources Code Section 30106 and 30610, except as otherwise specified by the Coastal Commission in Title 14 of the California Code of Regulations, Chapter 6, Section 13250, 13252, and 13253 and any amendments thereafter adopted.
c. Harvesting of agricultural crops.

F. Review Authority.

1. Director. The Director is authorized to issue Administrative Coastal Development Permits for non-appealable projects that do not require a public hearing.

2. Planning Commission. The Planning Commission is authorized to issue Coastal Development Permits for appealable and non-appealable projects that require a public hearing.

3. Coastal Commission Purview. The City does not have jurisdiction to issue Coastal Development Permits for the following:
a. Development projects located in tidelands, submerged lands, and public trust lands as described in Section 30519(b) of the Public Resources Code and described as areas of Coastal Commission Permit Jurisdiction illustrated on the Local Coastal Program Post-Certification Permit and Jurisdiction Map as amended. b. Coastal Development Permits issued by the Coastal Commission including condition compliance. Where either new development, or a modification to existing development, is proposed on a site where development was authorized in a Coastal Ordinance No. 24-XX Page 40 of 94
Commission issued Coastal Development Permit either prior to certification of the LCP or through a de novo action on an appeal of a City approved Coastal Development Permit and the permit has not expired or been forfeited, the applicant shall apply to the City for the Coastal Development Permit except for:
c. Requests for extension, reconsideration and revocation of the Coastal Commission issued permits;
d. Development that would lessen or negate the purpose of any specific permit condition, any mitigation required by recorded documents, any recorded offer to dedicate or grant of easement or any restriction/limitation or other mitigation incorporated through the project description by the permittee of a Coastal Commission issued Coastal Development Permit.

In any of these circumstances identified in Subsections 6.20.040.G.3.a-d, the applicant must seek to file an application with the Coastal Commission for an amendment to the Coastal Commission issued Coastal Development Permit and authorization for the proposed new development or modification to existing development. The Coastal Commission will determine whether the application for amendment shall be accepted for filing pursuant to the provisions of Title 14 California Code of Regulations, Section 13166.

G. Application Requirements. An application for a Coastal Development Permit or an Administrative Coastal Development Permit shall be prepared, filed, and processed in compliance with Section 6.10 (Permit Application Filing and Processing).

H. 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, nonappealable 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 Ordinance No. 24-XX Page 41 of 94
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.

I. Public hearing. At least one public hearing shall be held by the Commission on each application for appealable development as defined in Section 9.10.040 (Coastal Act 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 J (Public Notice). 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 J, 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 J.

3. Any person may submit written comments to the Director on an application for a Coastal Development Permit or Administrative 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.

J. 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 nonappealable 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.

Ordinance No. 24-XX Page 42 of 94
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, 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 an Administrative Coastal Development Permit that is non-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 10 calendar days of the notice date.

K. Required findings. The approval shall require that the Review Authority make all of the following findings:

Ordinance No. 24-XX Page 43 of 94
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;
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 development is consistent with the General Plan, this Development Code, and other City goals, policies, and standards, as applicable. 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 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 K.

L. Final City Action on a Coastal Development Permit/Administrative Coastal Development Permit.

1. Finality of City action. The City's decision on an application for a Coastal Development Permit or Administrative 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 or Administrative 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. 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 Ordinance No. 24-XX Page 44 of 94
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.

M. Waiver of Coastal Development Permit 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.

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:

Ordinance No. 24-XX Page 45 of 94
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).

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. Accessory Dwelling Units do not require a public hearing consistent with the applicable provisions of Government Code Section 66310-66342.

N. Coastal Development Permit Amendments. Upon application by the permittee, a Coastal Development Permit or Administrative 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 or Administrative Coastal Development Permit, as applicable.

O. 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.

Part 30. Article IX Development Code, Chapter 6 Section 6.20.060 entitled “Development Permit” is hereby amended to read as follows:

A. Purpose. This Section establishes procedures for Development Permits for new development and significant additions. The specific purposes of the Development Permit process are to ensure alignment with the goals and policies of the General Plan and other adopted plans and guidelines, ensure all development and design standards are met and ensure that new and modified uses and development will be compatible with the existing and potential development of the surrounding area(s).

B. Applicability. A Development Permit is required for any project that does not qualify for an Administrative Development Permit under Section 6.20.020.B or that is otherwise exempt under Section 6.20.020.C, including the following projects:

1. Residential. Residential development projects that consist of the construction, additions, rehabilitation, or remodel resulting in 5 or more dwelling units (excluding ADUs).

2. Mixed-use Developments. Mixed-use development projects that consist of the construction, additions, rehabilitation, or remodel resulting in 10 or more dwelling units (excluding ADUs) and/or new nonresidential building area.

3. Nonresidential. Nonresidential development projects that consist of new nonresidential structures, or additions, rehabilitation, or remodel of existing nonresidential structures resulting in an increase of 1,000 square feet or more of new building area.

Ordinance No. 24-XX Page 46 of 94

4. Significant Additions. Significant additions to any of the project types listed above that comprises of 25% or more of the total building area.

5. Conversion of any residential dwelling to a nonresidential use.

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 subject site is physically suitable in terms of design, operating characteristics, shape, size, and topography.

3. The development will not constitute a hazard to the public, health, safety, or welfare.

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).

Part 31. Article IX Development Code, Chapter 6 Section 6.20.072 entitled “Modification to Standards” is hereby amended to read as follows:

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. Modifications to design standards as established in Chapter 4, Section 4.25 (Residential Objective Design Standards) for new construction/development.

2. Modifications to design standard as established in Chapter 4, Section 4.25 (Residential Objective Design Standards) for additions and alterations to existing dwelling unit(s).

3. Modifications to exceed the height limit for architectural features, mechanical equipment, and elevator shafts or stairways as established in Section 3.10.030.D.1 through

3.10.030.D.4 (Exceptions to height limits).

4. Modifications to fence or wall requirements, as established in Section 3.10.010.K (Alternative Compliance).

Ordinance No. 24-XX Page 47 of 94

5. Increase the maximum paving area allowed for parking in residential zones as established in Section 3.50.100.C.b (Maximum Width in Residential Zones), up to 65 percent of the front or street side setback area, or up to 35 feet in width, whichever is less.

6. Decrease the minimum required landscape coverage, as established in Chapter 2 (Zones and Allowable Land Uses, see Table 2.3, 2.5, 2.7) by half of the requirement. See Section 3.30 (Landscaping Standards) for additional requirements.

7. Decrease of up to 20 percent of a front or street side setback, as established in Chapter 2 (Zones and Allowable Land Uses). However, in no event shall a structure be located closer than two feet from the property line, as established in Section 3.10.010 (Setback Requirements and Exceptions).

8. Decrease of up to 10 percent in the dimensions for aisles, driveways, or parking spaces, as established in Section 3.50.100.D.1 (Standard Parking Spaces and Drive Aisles).

9. In Industrial Zones, an increase in lot coverage to 100% and/or FAR to 1.5 may be allowed, [see Table 2.7 (Industrial Development Standards) in Section 2.40.030 (Industrial Zones Allowable Land Uses and Permit Requirements)], if the Review Authority determines that:
a. The project will provide a substantial economic benefit to the City; and b. Coastal resources are protected consistent with the Local Coastal Program

10. A waiver, substitute material, or decrease of up to two feet in height of the minimum wall required between residential and nonresidential zones (See Section 3.10.062.D), if the Review Authority determines that:
a. The relationship of the proposed uses makes the required screening unnecessary; b. The intent of Section 3.10.062 (Residential/Nonresidential Interface) can be successfully met by means of the alternative screening methods; c. Physical constraints on the site make the required screening infeasible; and/or d. The physical characteristics of the site or adjoining lots make the required screening unnecessary.

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 2 through 10). 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.1 and/or more than two minor exceptions to development standards pursuant to Subsection B (items 2 through 10).

2. Within Coastal Zone. A Coastal Development Permit or Administrative Coastal Development Permit (Section 6.20.040) is required to in conjunction with any Modification to Standards for development located in the Coastal Zone.

Ordinance No. 24-XX Page 48 of 94
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. Findings. A Modification to Standards shall be approved only after the Review Authority makes both findings in Subsection F.1 and F.2 and either of the findings in Subsection F.3 or F.4:

1. The Modification to Standards conforms with the purpose, intent, goals, policies, programs, and land use designation of the General Plan, Development Code, Local Coastal Plan, 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. Site characteristics or existing improvements make strict adherence to the development standard impractical or infeasible.

4. For exceptions to objective design standards pursuant to Section 6.20.120.B.1 and

6.20.120.B.2. 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.

Part 32. Article IX Development Code, Chapter 6 Section 6.20.080 entitled “Temporary Use Permits” Subsections A through G are hereby amended to read as follows:

Ordinance No. 24-XX Page 49 of 94
A. Purpose. This Section establishes procedures and standards for Temporary Use Permits for short-term activities, specified in this Section. These are uses or events that may not comply with 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.

A Temporary Use Permit approval is not intended to allow a land use that is not allowed in the primary zone, other than in the specific cases listed in Subsection E (Allowed Short-Term Activities) of 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.

1. An application for a Temporary Use Permit shall be prepared, filed, and processed in compliance with Section 6.10 (Permit Application Filing and Processing).

2. The application shall be filed with the Department at least 30 days before the date that the proposed temporary use is scheduled to take place.

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.

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 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. An event that requires a Special Events Permit subject to Municipal Code Article III, Chapter 11.

6. Cannabis Special Events. An event that requires a Cannabis Special Event Permit subject to Municipal Code Article III, Chapter 18, Section 4000.53.

7. 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 Ordinance No. 24-XX Page 50 of 94
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 shortterm activities within the specified time limits, but in no event for more than one year (12 months). Other activities that are not listed within the categories defined below shall instead comply with the Development Code requirements and development standards that otherwise apply to the property.

1. Event. 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 operating requirements established in Section 4.10.115.E (Operating Requirements).

4. Model home(s) and/or 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.

5. Temporary Structure. 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 Container. 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. Coastal Zone. Short-term activities occurring within areas where the Coastal Commission retains Coastal Development Permit authority are excluded from Coastal Development Permit requirements except those which meet all of the following criteria:

1. Are held between Memorial Day weekend and Labor Day; and

2. Occupy all or a portion of a sandy beach area; and,
Ordinance No. 24-XX Page 51 of 94

3. Involve a charge for general public admission or seating where no fee is currently charged for use of the same area (not including booth or entry fee).

H. Notice and hearing. A public notice and hearing shall not be required for the Director’s decision on a Temporary Use Permit, unless the Temporary Use Permit is subject to Coastal Development Permit requirements.

I. 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.

The Review Authority may approve a Temporary Use Permit located within the Coastal Zone subject to these additional findings:

6. Event does not impede general public use of a public recreational area for a significant period of time;

7. Event will not directly or indirectly impact environmentally sensitive habitat areas, rare or endangered species, significant scenic resources, or other coastal resources.

8. Event is not scheduled between Memorial Day weekend and Labor Day and would not restrict public use of roadways or parking areas or otherwise significantly impact public use or access to coastal waters.

J. 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 I. 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:

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.

Ordinance No. 24-XX Page 52 of 94

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.

Part 33. Article IX Development Code, Chapter 6 Section 6.20.090 entitled “Use Permits” a new Subsection H is hereby added to this Section to read as follows:

H. Compliance with Use Permits.
a. The modification or addition to a use requiring Use Permit approval shall itself be subject to Use Permit approval. The Director shall determine when such an addition or change is of such a minor or incidental nature that the intent of these regulations can be met without further Use Permit control.
b. Any conditions established pursuant to the approval of a Use Permit shall be met before the use is established, except that the Review Authority may establish a schedule for certain conditions to be met after establishment of the use. Continuance of the use shall then be contingent on complying with the schedule for meeting applicable conditions.

Part 34. Article IX Development Code, Chapter 6 Section 6.20.110 entitled “Zoning Clearance” Subsections B through D are hereby amended to read as follows:

B. Applicability. A Zoning Clearance is required to verify that all requirements of this Development Code have been satisfied for any permitted use or “P” 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, a Zoning Clearance is required for the following projects:

1. Residential development projects that consist of the construction, additions, rehabilitation, or remodel of less than five dwellings (excluding ADUs), that are in compliance with all objective design standards of this Development Code, unless otherwise subject to Section 6.20.020.B.1.

4. Housing development projects that qualify for streamlined, ministerial processing under Section 6.40 (Housing Streamlined Review) or any other project applicable for streamlined, ministerial processing under the California Government Code, where Zoning Clearance is not expressly prohibited.

5. Nonresidential development projects that consist of minor additions that are less than 1,000 square feet, modifications, reconstruction, rehabilitation, or remodel of any existing Ordinance No. 24-XX Page 53 of 94
non-residential structure or site that is determined by the Director to be of a superior design or consistent with the original approval for a completed development project.

6. Restriping or repaving 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.

7. Upper story open spaces that are in compliance with Section 3.10.080 (Upper Story Open Spaces) and all applicable objective design standards of this Development Code.

8. Before the initiation or commencement of any new or change of use of land, in accordance with Chapter 2 (Zones and Allowable Land Uses).

9. As otherwise required by this Development Code.

C. Review Authority. The Director is authorized to approve or deny a Zoning Clearance application,

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 or Administrative 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 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.

Part 35. Article IX Development Code, Chapter 6 Section 6.30.040 entitled “Permit to Run With the Land” is hereby amended to read as follows:

Unless otherwise specified or revoked pursuant to Section 6.30.080 (Permit Revocations), development 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 Permit (Section 6.20.070), Temporary Use Permits (Section 6.20.080), and Short-Term Rental Permits (Section 4.10.185).

Part 36. Article IX Development Code, Chapter 6 Section 6.30.060 entitled “Time Limits and Extensions” Subsections B is hereby amended to read as follows:

B. Extensions

1. Filing and review of request
Ordinance No. 24-XX Page 54 of 94
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. Initial extensions. The Director may grant two 12-month extensions to the time limit for any land use permit. The Director shall grant an extension only after finding that the land use permit does not contain conditions prohibiting the extension, pursuant to subparagraph B.1.b. Disapproval of a requested extension by the Director may be appealed to the Commission as set forth in Section 7.20 (Appeals). d. Third extension. The Planning Commission shall hold a public hearing on a third extension of time, after providing notice of the public hearing in compliance with Section 7.10 (Public Hearings) after the two initial extensions. e. An approved land use permit shall become void after the expiration of the third extension (or after the expiration of any previous extension when a request for further extension has not been filed before expiration) where substantial site work has not first occurred.

2. Action on extension request.
a. Findings. A permit may be extended for three additional 12-month periods beyond the expiration of the original approval; provided, the Review Authority finds that:
i. Substantial site work could not be completed because of circumstances beyond the control of the applicant; and,
ii. There have been no changes in the conditions or circumstances of the site, development, Development Code, or State Law as they relate to the development approval.

No more than three extensions in compliance with this Section shall be granted. 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 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.
c. The City shall provide notice of any final action on an application that extends the duration of a project located within the Coastal Zone. The notice shall be provided within seven calendar days of a final City action. The City shall provide notice of its Ordinance No. 24-XX Page 55 of 94
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.

Part 37. Article IX Development Code, Chapter 6 Section 6.30.070 entitled “Changes to an Approved Development” Subsections B and C are hereby amended to read as follows:

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.

1. The City shall provide notice of any final action on any determination of substantial compliance for projects located within the Coastal Zone. The notice shall be provided within seven calendar days of a final City action. 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.

C. Minor changes by Director. The Director may authorize minor changes to an approved development application or other approval only if the changes:

1. Are consistent with all applicable provisions of this Development Code and conforms with the purpose, intent, goals, policies, programs, and land use designation of the General Plan, Local Coastal Plan, and any applicable specific plan; 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 in the Coastal Zone east of Highway 1, and do not involve expansion of the use by any amount, if located in the Coastal Zone west of Highway 1.

Part 38. Article IX Development Code, Chapter 6 Section 6.40 entitled “Affordable Housing Streamlined Review” is hereby renamed “Housing Streamlined Review” and amended to read as follows:

6.40.010 Purpose
This Section provides requirements for the implementation of various Government Code Section requirements for housing development project streamlining, including the Housing Accountability Act, Government Code Section 65913.4 (SB 35), Government Code Section 65912.100 to Ordinance No. 24-XX Page 56 of 94
Section 65912.124 (AB 2011). Each of these laws establish streamlined review for qualifying multi-unit housing development and mixed-use development projects.

6.40.020 Applicability
This Section applies to qualifying housing development projects applying for approval under Government Code Section 65913.4 (SB 35) and Government Code Section 65912.100 to Section 65912.124 (AB 2011), with the exception of applications for approval under Government Code Section 66452.6 and 65852.21 (SB 9), which shall be subject to Section 4.24.060 (Urban Dwelling Units), and Government Code Section 65852.28, 65913.4.5, and 66499.41 (SB 684), which shall be subject to Chapter 8.170 Urban Lot Subdivisions.

A. Conflicting Provisions. This Section provides additional procedures that shall be followed for applicable projects. If conflicts occur between other procedures in City’s Municipal Code and the procedures of this Section, this Section shall control.

B. Definitions. Terms defined in the applicable Government Code Section shall apply to this Section and shall control in the event of a conflict between definitions in this Section and definitions in the Government Code.

C. Effective Date.

1. SB 35: This Section shall remain in effect for the same period as Senate Bill 35 provisions contained in Government Code Section 65913.4. Unless Senate Bill 35 provisions are extended by the State Legislature, this Section shall remain in effect only until January 1, 2036, and as of that date is repealed.

2. AB 2011: This Chapter, as related to AB 2011, shall remain in effect for the same period as AB 2011 provisions contained in Government Code Sections 65912.100-124. Unless AB 2011 provisions are extended by the State Legislature, this Section shall remain in effect only until January 1, 2033, and as of that date is repealed.

D. Locations.

1. SB 35: Projects subject to this Chapter shall not be located within any site identified under Government Code Section 65913.4(a)(6), unless the development satisfies the requirements specified therein. Such sites include, but are not limited to, coastal zones, prime farmland, wetlands, high or very high fire hazard severity zones, special flood hazard areas, regulatory floodways, and lands identified for conservation or habitat preservation.

2. AB 2011: Projects subject to this Chapter shall be located on a site that satisfies all of the criteria required by Government Code Section 65912.111.

6.40.020 Application Processing
A. Application Filing.

1. Preliminary Application. An applicant may file a pre-application consistent with Government Code Section 65941.1, and GBMC Section 6.10.030.A (Pre-Applications).

The review authority’s scope of review is limited to all of the provisions contained in Ordinance No. 24-XX Page 57 of 94
Government Code Section 65913.4(a) and the objective standards in effect at the time of preliminary application submittal. A pre-application shall be filed on a form provided by the City with the required fee.

2. Noticing. Upon receipt of the preliminary application, the City shall contact the Native American Heritage Commission for assistance in identifying any California Native American tribe that should be noticed. The City shall provide a formal notice of the applicant's intent to submit a full application to each required California Native American tribe within 30 days of preliminary application submittal. The formal notice shall be consistent with Government Code Section 65913.4(b).

3. Application Materials. In addition to any application materials required per the City’s application checklists, project plans submitted in accordance with this section shall include reference to the applicable state legislation in the project description and on the Title Sheet of any project plans, in a prominent location.

B. Permit Requirements. A Zoning Clearance shall be required to ensure compliance with this Section prior to issuance of building permits. In the Coastal Zone, a Coastal Development Permit is required unless exempt consistent with Section 6.20.040.B.2. Applications shall be filed on a form provided by the City with the required fee.

C. Compliance Determination.

1. Compliance. If the Zoning Clearance application demonstrates compliance with all of the provisions contained in Government Code Section 65913.4(a) and all applicable objective standards, the City shall complete any design review or public oversight and any subdivision approval within all applicable timeframes under Government Code Section 65913.4.

2. Non-Compliance. If the Zoning Clearance application does not comply with all of the provisions contained in Government Code Section 65913.4(a) and all applicable objective standards, the review authority shall provide the applicant with written documentation of which standards the development conflicts with and an explanation of the reasons the development conflicts with each standard.
a. Resubmitted Application. If the project was found to be non-compliant, the applicant may resubmit the application for SB 35 streamlining, and the City shall review it for compliance with all of the provisions contained in Government Code Section 65913.4(a) and all applicable objective standards.
b. Project Ineligible. If the project is ineligible for SB 35 streamlined processing, the applicant may elect to submit an application for the applicable discretionary approval.

D. Findings and Decision. The review authority shall approve the application if the proposed development is compliant with all of the provisions contained in Government Code Section 65913.4(a) and all applicable objective standards, including objective subdivision standards.

E. Covenant Agreement. Prior to issuance of a building permit for a qualifying housing project, a covenant agreement must be recorded against the title of the property in the County Recorder’s office and a copy filed with the Director which certifies that project will comply with any “Prevailing Wage”, or “Skilled Workforce” provisions as required by SB 35 or AB 2011 (or any other similar legislation), unless otherwise exempt under the applicable Government Ordinance No. 24-XX Page 58 of 94
Code. The covenant agreement must run with the land and bind all future owners. The form of the covenant agreement will be provided by the City.

F. Post-Decision Procedures. Post-decision procedures for the required permit (full application) shall be followed provided those procedures do not conflict with applicable Government Code sections for housing developments (i.e., Housing Accountability Act, Government Code Section 65589.5).

1. Post-Approval Modification Request. An applicant may request a modification to an approved development if that request is made prior to the issuance of the final building permit subject to Government Code Section 65913.4(h)(3), and in accordance with Section 6.30.070 (Changes to an Approved Development).

G. Expiration. An application approved consistent with this Section shall remain valid for three years; however, an application approval shall not expire if the development includes public investment in housing affordability, beyond tax credits, where 50 percent of the units are affordable to households making at or below 80 percent of the area median income consistent with Government Code Section 65913.4(f).

1. At the discretion of the review authority, a one-year extension may be granted consistent with Government Code Section 65913.4(f)(3), subject to Section 6.30.060 (Time Limits and Extensions), as applicable.

Part 39. Article IX Development Code, Chapter 8 Section 8.20.060, Table 8.1 entitled “Review Authority” is hereby amended to read as follows:

Table 8.1 Review Authority 4
Subdivision Types Code Section Review Authority
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 (SB 9) 8.160 Recommend Decision -- --
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 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 Urban Lot Subdivision
(SB 684) 8.170 Recommend Decision - -
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 Recommend Decision -- --
Voluntary Lot Merger 8.120 Recommend Decision -- --
Revision to Acreage 8.110 Recommend Recommend -- Decision Ordinance No. 24-XX Page 59 of 94
Table 8.1 Review Authority 4
Subdivision Types Code Section Review Authority
Director City Engineer Commission Council
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.

Part 40. Article IX Development Code, Chapter 8 entitled “Subdivision Regulations” is hereby amended to include a new Section 8.170 entitled “Urban Lot Subdivisions” to read as follows:

8.170.010 Authority and Purpose
The purpose of this Section is to implement the provisions of California Government Code Sections 65852.28, 65913.4, and 66499.41 (SB 684) regarding the allowance for Urban Lot Subdivisions and establishment of up to 10 dwelling units on properties zoned for multi-unit residential development, specifically the R2, CR2, R3, and CR3 zones.

8.170.020 Applicability
An Urban Lot Subdivision application must meet all of the requirements in this Section to be eligible under Government Code Section 66499.41. It shall be the responsibility of the applicant to demonstrate to the satisfaction of the Director that each of these requirements is satisfied. The applicant and/or owner of the property shall provide a sworn statement, in a form approved by the Director, attesting to all facts necessary to establish that each requirement is met.

8.170.030 Qualifying Requirements
A. Location. To qualify for an Urban Lot Subdivision the subject property shall be located within the R2, CR2, R3, or CR3 zone, and shall comply with the following:

1. The property is no larger than five acres and is substantially surrounded by qualified urban uses as defined in Section 21159.25 and 21072 of the Public Resources Code.

2. The proposed property to be subdivided is not a resulting parcel created through Government Code Section 66411.7 (Urban Lot Splits).

3. The application shall not require the demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income as specifically defined in Government Code Section 66499.41(a)(8).

Ordinance No. 24-XX Page 60 of 94

4. The proposed subdivision shall not be located on any site identified in subparagraphs (A) to (J) of California Government Code Section 66499.41(a)(9), unless the development satisfies the requirements specified therein. Such sites include, but are not limited to, prime farmland, wetlands, high or very high fire hazard severity zones, special flood hazard areas, regulatory floodways, and lands identified for conservation or habitat preservation.

B. Maximum Number of Parcels and Dwellings. An Urban Lot Subdivision shall not result in more than 10 parcels and the housing development project on the lot proposed to be subdivided will contain 10 or fewer residential dwelling units.

C. Minimum Number of Dwellings.

1. If the proposed subdivision is located on an Opportunity Site as identified in the City’s Housing Element Technical Report 2 (Resources and Opportunities) the development shall result in at least as many units as projected for that parcel, including affordable units. If this number exceeds 10 dwelling units then the project does not qualify for an Urban Lot Subdivision.

2. If the property is not located within an Opportunity Site, then the development of the property shall result in at least as many units as the maximum allowable residential density for the property. If this number exceeds 10 dwelling units, the project does not qualify for an Urban Lot Subdivision.

D. Maximum Unit Size. The proposed subdivision shall not qualify for an Urban Lot Subdivision if the associated development of the property results in an average unit size that exceeds 1,750 square feet of habitable area, in accordance with Government Code Section 66499.41(a)(6).

E. Restrictions on Demolition. The proposed subdivision shall not qualify for an Urban Lot Subdivision if the project results in 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 five years, including housing that has been demolished or that tenants have vacated prior to the submission of the application.

8.170.040 Local Coastal Program Consistency
A. Applicability. The Urban Lot Subdivision Standards shall not be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Cal.

Public Resources Code § 30000 et seq.) and shall comply with all applicable provisions in accordance with Section 6.20.040 (Coastal Development Permits), except that no public hearing shall be held for any project subject to this Section.

Ordinance No. 24-XX Page 61 of 94
B. Certified Local Coastal Program. For development within the Coastal Zone, any request for an Urban Lot Subdivision shall be consistent with all applicable requirements of the certified Local Coastal Program.

C. Local Coastal Program Consistency. Within the Coastal Zone, approval of an application for an Urban Lot Subdivision shall only be made under the following circumstances:

1. The proposed subdivision is consistent with Coastal Act Section 30604(f); and

2. The project conforms with the Local Coastal Program (including but not limited to sensitive habitat, public viewshed, public services, public recreational access and open space protections).

8.170.050 Permit Application and Review Procedures
An application for an Urban Lot Subdivision shall be submitted in full compliance with Section

8.40 (Tentative Subdivision or Parcel Map, Tentative Parcel Map, and Vesting Tentative Subdivision Map, Vesting Tentative Parcel Map: Preparation, Form, and Other Requirements).

A. Application Type. Urban Lot Subdivisions require a tentative 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 tentative map application, including the required application materials and fees, shall be filed with the Community Development Department.

C. Review Authority. The Director shall review and determine compliance of a complete application for an Urban Lot Subdivision.

1. Within sixty days of receiving a complete application (Development Code Section

6.10.040), the city shall approve any such application which complies with all applicable requirements and development standards identified in this Section.

D. Specific, Adverse Impacts. Notwithstanding anything else in this Section, the Director shall deem an application for a tentative map noncompliant upon written findings, based on a preponderance of the evidence, that the project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of California Government Code Section 65589.5, on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

E. Final Map. Proceeding the approval of an Urban Lot Subdivision tentative map application, the applicant shall submit a Final Map that shall comply with all processes and procedures required for Final Maps (Section 8.50).

F. Effectiveness of Approval. The ministerial approval of a Final Map for an Urban Lot Subdivision does not take effect until the city has confirmed that all required documents have been recorded in the office of the County Recorder.

8.170.060 Subdivision Standards
Ordinance No. 24-XX Page 62 of 94
Any lot created through an Urban Lot Subdivision shall be subject to the standards and criteria set forth in this section. In addition, except as modified or provided by this section or State law, any lot created through an Urban Lot Subdivision shall conform to all objective standards applicable to the lot as set forth in Municipal Code Article IX Development Code Chapter 8 (Subdivision Regulations) and/or in an applicable specific plan or planned unit development ordinance or resolution, along with all applicable objective standards and criteria contained in standard plans and specifications, policies, codes, regulations, and/or standard conditions duly promulgated and/or adopted by the city. However, the following objective subdivision standards may supersede any other standards to the contrary that may be provided in this Development Code, as they pertain to creation of an urban lot subdivision under Section 66499.41 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 right-ofway. Access shall be provided in compliance with these standards:

1. Vehicle access easements shall meet the following standards:
a.Easement width shall be a minimum of twenty feet and shall comply with Engineering Standards for driveway ramp improvements and widths.
b.The minimum length for a vehicle access easement is twenty feet. No maximum easement length shall be set. If easement length is more than seventy-five feet, a vehicle turnaround shall be provided.
c.Vehicle access easements shall not be located closer than twenty-five feet to an intersection.

2. An easement providing pedestrian access to a street from each lot shall be provided meeting the following standards:
a.Easement width shall be a minimum of ten feet;
b.Pedestrian access easements shall not exceed two hundred feet in length.

3. Access and provisions for fire protection consistent with the California Fire Code shall be provided for all structures served by an access easement.

4. Surfacing of easements, pedestrian walkways required within easements, and turnaround dimensions shall meet the requirements of the California Fire Code and the City’s Engineering Standards.

5. Lots taking access by an easement must record a shared maintenance agreement for the driveway/accessway, or similar documentation allocating legal and financial rights and responsibilities between the owners of the lots for construction, reconstruction, use, and maintenance. The agreement or similar documentation shall be recorded prior to or concurrently with the final map.

C. Lot Lines. Subdivisions that provide fee simple ownership lots shall provide property lines of all lots at right angles, to streets or radial to the centerline of curved streets, unless there is a conflict with existing improvements or the natural environment in which case the line may not be straight but shall follow the appropriate course.

Ordinance No. 24-XX Page 63 of 94

1. A lot line shall not bisect any existing or proposed structure.

2. The placement of lot lines shall not result in an accessory building or accessory use on a lot without a main building or primary use on the same lot, as defined in Section 4.10.030 (Accessory Structures).

3. Lot lines shall not be configured to maximize development capacity that results in undevelopable area (aside from accommodating site access).

4. Lot lines shall be contiguous with existing zoning boundaries.

5. Lot lines shall not render an existing structure as nonconforming in any respect (e.g., setbacks, floor area ratio, parking), nor increase the nonconformity of an existing nonconforming structure.

D. Minimum Lot Size. In no event shall any new parcel be less than 600 square feet in lot area for fee simple ownership lots, the minimum lot area for a flag/corridor lot shall be exclusive of the access corridor portion of the flag lot.

E. Number of Lots. The application to subdivide an existing lot shall create no more than 10 new lots.

8.170.070 General Requirements and Restrictions
The following requirements and restrictions apply to all proposed Urban Lot Subdivisions:

A. Subdivision Map Act. An Urban Lot Subdivision must conform to all applicable objective requirements of the Subdivision Map Act, including implementing requirements in this code, except as otherwise provided in this Section.

B. Covenant Agreement. Prior to final map recordation, a covenant agreement shall be required to be recorded against the title of each property in the County Recorder’s office and a copy filed with the Director, which discloses each of the properties as part of an Urban Lot Subdivision in which the development of any of the properties shall not be further subdivided under the provisions of these regulations. The covenant agreement must run with the land and bind all future owners. The form of the covenant agreement will be provided by the City.

C. Grading. All grading activity shall comply with Section 5.50 (Grading and Drainage).

D. Stormwater Management. The development shall comply with Chapter 5.60 (Stormwater Construction and Post-Construction Management).

E. Parking. One space per unit shall be provided and comply with Government Code Section 65852.21(c)(1).

F. Utility Connections. 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. Utility Providers. The requirements of the parcel's utility providers shall be satisfied prior to recordation of a final map.

8.170.080 Exceptions to Objective Standards
Ordinance No. 24-XX Page 64 of 94
Any housing development project constructed on a lot proposed to be subdivided as an Urban Lot Subdivision shall comply with all provisions set forth in Municipal Code Article IX (Development Code), except where the standard, policy, guideline, or code would physically preclude the development of the project to the maximum density allowed for the site, in accordance with California Government Code Section 65852.28(b)(2)(A).

Any proposed alternative to compliance with any relevant objective standards, policies, guidelines, or codes shall not be granted unless the Director through a Modifications to Standards (Section 6.20.072) can affirmatively determine the application meets all of the below requirements (for the purpose of these requirements, existing structures are not considered a physical constraint).

A. The necessity to grant the exception(s) is based on site development feasibility where there are no options for other design alternatives such as modifying the footprint, moving lot lines, or reducing floor area, and where the applicant has demonstrated it is physically not possible to redesign the project to avoid the necessity of exceptions.

The requested alternative compliance represents the minimum deviation necessary to allow the construction of the housing development at the maximum allowable density of the zone.

Part 41. Article IX Development Code, Chapter 9 Section 9.10.010 entitled “Purpose” is hereby renamed as “Purpose and Applicability” and amended to read as follows:

A. General. 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.

B. Organization. This Chapter is subdivided into the following Sections:

1. Section 9.10.020 (General Definitions) applies to specific terms used in this Development Code, except those addressed in Section 9.10.030 (Land Use Definitions).

2. Section 9.10.030 (Land Use Definitions) applies to land uses and activities identified in Tables 2.2, 2.4, 2.6, 2.8, 2.9, and 2.10 of Chapter 2 (Zones and Allowable Land Uses) of this Development Code.

3. Section 9.10.040 (Coastal Act Definitions) applies to specific terms associated with the Coastal Act and the Local Coastal Program.

4. Section 9.10.050 (Adult Business Definitions) applies to specific terms associated with Section 4.20 (Adult Businesses).

5. Section 9.10.060 (Short-Term Rental Definitions) applies to specific terms associated with Section 4.10.185 (Short-Term Rentals).

6. Section 9.10.070 (Sign Regulation Definitions) applies to specific terms associated with Section 3.60 (Sign Regulation).

Ordinance No. 24-XX Page 65 of 94
Part 42. Article IX Development Code, Chapter 9 Section 9.10.020 entitled “Definitions of Specialized Terms and Phrases” is hereby renamed as “Definitions of General Terms and Phrases” and amended to read as follows:

Abut/Abutting. Contiguous to and having district boundaries or lot lines in common (i.e., not separated by an alley, public or private right-of-way, street, easement, or waterway). See also “Adjacent”..

Accessory Structure. See 9.10.030 (Land Use Definitions). 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.

Addition. An increase in gross floor area of an existing structure or conversion of existing unconditioned space to conditioned space (as defined by the California Building Code).

1. Minor Addition. Any addition to a building or structure that comprises less than twenty-five (25) percent increase in total building area, constructed in compliance with current regulations.

2. Significant Addition. Any addition to a building or structure that comprises twenty-five (25) percent or more increase in total building area, constructed in compliance with current regulations.

Adjacent. The condition of being near to or close to but not necessarily having a common dividing line. Two properties that are separated by an alley, public or private right-of-way public access easement, or creek, river, stream, or other natural or artificial waterway shall be considered as adjacent to one another. See also “Abut/Abutting”.

Administrative Development Permit. A discretionary permit issued by the Director for certain construction and development projects. See Section 6.20.020 (Administrative Development Permit).

Affordable Housing. As defined in the California Health and Safety Code Section 50052.5

1. Extremely Low Income Household. Extremely low income household as defined by State Health and Safety Code Section 50106 as 30% of County median income.

2. Very Low Income Household. Very low income household as defined by State Health and Safety Code Section 50105 as 50% of County median income.

3. Lower Income Households. Lower income households as defined by State Health and Safety Code Section 50079.5 as 80% of County median income.

4. Moderate Income Household. Moderate income household as defined by State Health and Safety Code Section 50093 as 120% of County median income.

Affordable Housing Agreement. A written agreement between the developer, the City, and possibly additional parties that specifies the terms and conditions under which affordable housing requirements are to be met.

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.

Ordinance No. 24-XX Page 66 of 94
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 on-premise 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, Coastal Development Permit, Administrative Development Permit, Zoning Clearance, and/or building permit approval, subject to compliance with all applicable provisions of this Development Code.

Ambient Entertainment. Acoustic or recorded music, or live readings of books or poetry, which is clearly incidental, that allows for normal conversation levels, and for which no cover fee or ticket is required.

Applicant. The property owner, the owner’s agent, or any person, corporation, partnership, or other legal entity that has a legal or equitable title to land that is the subject of a development proposal or is the holder of an option or contract to purchase such land or otherwise has an enforceable proprietary interest in such land and has submitted an entitlement or building permit application to 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.

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.

Balcony. A platform that projects from the wall of a building thirty inches or more above grade that is accessible from the building’s interior, is not accessible from the ground and is not enclosed by walls on more than two sides. See also “Deck”.

Basement. A non-habitable space beneath the first or ground floor of a building the ceiling of which does not extend more than four feet above finished grade.

Bedroom. A bedroom is any room within a dwelling that can be used for sleeping purposes with no less than 70 square feet of habitable floor area and no dimension less than seven (7) feet, with at least one wall located along an exterior wall with a window that can be used for emergency egress. The following rooms/common spaces that are adjacent and open to common areas are not considered bedrooms; hallways, bathrooms, kitchens, dining rooms, living/family rooms, den/home office, laundry rooms, and other similar common areas typically providing within a dwelling.

Building. See “Structure”.

Building Footprint. The horizontal area, as seen in plan view, of a building or structure, measured at the surface level from the outside of exterior walls and supporting columns, excluding eaves.

Ordinance No. 24-XX Page 67 of 94
Building Height. See Section 3.10.030 (Height Limits and Exceptions).

Building Official. City of Grover Beach Chief Building Official, or someone designated to act on their behalf.

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.

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.

City. The City of Grover Beach.

City Council. The City of Grover Beach City Council referred to in this Development Code as the “Council.”
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.

Community Development Director. See “Director”.

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.

Construction. Building, erection, enlargement, alteration, conversion or movement of any building, structures, or land together with any scientific surveys associated therewith.

County. The County of San Luis Obispo.

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.

Ordinance No. 24-XX Page 68 of 94
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.

Deck. A platform, either freestanding or attached to a building, that is supported by pillars or posts. See also “Roofdeck” and “Upper Story Open Spaces”.

Demolition (Demolish). The act of reconstructing, removing, taking down or destroying all or portions of an existing building or structure, or making extensive repairs or modifications to an existing building or structure, if such changes involve removal or replacement of fifty percent or more of both the structural framing and cladding or of the exterior walls within a twenty-fourmonth period. When determining whether a building or structure is demolished, the following applies:

1. The nonconforming portions of any wall are counted as removed or taken down, even when retention of these portions is proposed.

2. Any continuous run of remaining exterior wall surfaces measuring ten feet or less in length are counted as removed or replaced.

Den (or home office). A Den can be classified as a multipurpose room within a dwelling typically used as an office; which does not contain a wardrobe, closet, or similar facility; and which does not meet requirements for a bedroom, in accordance with the Uniform Building Code.

Density. The number of dwellings per gross acre, unless otherwise stated. The calculation of gross acreage in 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 Applications. Authority granted by the City to use a specified site for a particular purpose. “Development Applications” includes Home Occupation Permit, Temporary Use Permit, Administrative Development Permit, Use Permit, Development Permit, Coastal Development Permit, Modification to Standards, Zoning Clearance, Subdivision Maps, and Variance, as established by Section 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 all “Development Applications” except for Zoning Clearances.

Driveway. An accessway that provides vehicular access between a street and the parking or loading facilities located on an adjacent property.

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.

Ordinance No. 24-XX Page 69 of 94
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.

Easement. A portion of land created by grant or agreement for specific purpose; an easement is the right, privilege or interest which one party has in/over/under/through the land of another.

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.

Extrusion. An extrusion refers to a protruding element or feature that extends outward from a structure, often creating additional interior space or enhancing aesthetic appeal. Typically seen in features like bay windows, balconies, or projecting eaves, an extrusion adds dimensionality and visual interest to the facade.

Façade. The exterior wall of a building exposed to public view or that wall viewed by persons not within the building. The portion of any exterior elevation of a building extending vertically from the grade to the top of a parapet wall or eave, and horizontally across the entire width of the building elevation.

Façade Articulation. Vertical or horizontal modulations in the façade of a building.

Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.

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.

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-ofway / 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.

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 rightof-way. Galleries shall have a consistent depth along the frontage of at least 10 feet.

Ordinance No. 24-XX Page 70 of 94
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”.

Government Code. The Government Code of the State of California.

Grade. The location of the ground surface.

1. Adjacent Grade. The lowest elevation of ground surface immediately adjacent to the building exterior wall or subject improvement.

2. Existing Grade. The surface of the ground or improved surface at a stated location as it exists before disturbance in preparation for a project regulated by the Development Code.

3. Finished Grade. The lowest point of elevation of the finished surface of the ground, paving, sidewalk, or other improvement adjacent to the building at the completion of a project regulated by the Development Code.

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”.

Ground Floor. The first floor of a building other than a cellar or basement that is closest to finished grade.

Habitable Space. Space within a dwelling unit for living, sleeping, eating, cooking, bathing.

Height. See Section 3.10.030 (Height Limits and Exceptions).

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;

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 Ordinance No. 24-XX Page 71 of 94

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.

Household. One or more persons living together in a dwelling unit, with common access to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food; who share living expenses, including rent or mortgage payments, food costs and utilities; and who maintain a single mortgage, lease, or rental agreement for all members of the household.

Illegal Use. Any use of land or building that does not have the currently required permits and was originally constructed and/or established without permits required for the use at the time it was brought into existence.

Impervious Surface. A surface that is incapable of being penetrated by water, including buildings and paved surfaces such as parking, sidewalks, and roads.

Income Protected. See Section 4.10.075 (Demolition of Residential Structures).

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.

Landscape Area. Landscape area means all the planting areas, turf areas, and water features in a landscape design plan. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, artificial turf, other pervious or non-pervious hardscapes, and other non-irrigated areas designated for nondevelopment (e.g., open spaces and existing native vegetation).

Land Use. The purpose for which land or a structure is designed, arranged, intended, occupied, or maintained.

Live Entertainment. A facility providing entertainment, examples of which include, but are not limited to, amplified live or recorded music and/or dancing, comedy, disc jockeys, etc., or for which a cover fee or ticket may be required, see Section 4.10.080 (Live Entertainment). Does not include activities that are defined as ambient (see “Ambient Entertainment”). Does not include “Live Adult Entertainment,” which is separately defined; see Section 9.10.040 (Adult Business Definitions)..

Local Coastal Program (LCP). The Local Coastal Program (LCP) specifies land use policies within the Coastal Zone.

Lot Area.

1. Gross Area. Gross lot area is the total area included within the lot lines of a lot, inclusive of adjacent dedicated street rights of way and alleys.

2. Net Area. Net lot area is the gross lot area, not including dedications for public right of ways.

Ordinance No. 24-XX Page 72 of 94
Lot. 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. Abutting Lot. A lot having a common property line, not separated by a public path or lane, private street, or easement to the subject lot.

2. Corner Lot. A lot located at the intersection of two or more streets, or upon two parts of the same street forming an interior angle of less than 135 degrees.

3. Flag Lot. A lot in the approximate configuration of a flag pole or sign post, with the pole or post functioning primarily as an access way to the main body of the lot from the street or point of access.

4. Interior Lot. A lot other than a corner lot.

5. Reversed Corner Lot. A corner lot whose street side lot line is substantially a continuation of the front lot line of a lot to its rear

6. Through Lot. A lot having frontage on two parallel or approximately parallel streets.

Lot 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. 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.

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.

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”.

Ordinance No. 24-XX Page 73 of 94
Municipal Code. The City of Grover Beach Municipal Code (GBMC).

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 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.

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.

Owner Occupancy. A lawfully allowed dwelling that is occupied by the owner(s) named on the property deed as their primary residence and is occupied by them for the major portion of the year.

Overhang. Any feature of a building that projects out from the horizontal wall plane, such as a roof eave, stoop covering, or awning.

Parcel. See “Lot”.

Parapet. A low wall built up above the level of a roof, generally to hide rooftop-mounted equipment.

Parking Area. An area of a lot, structure, or any other area, including driveways, which is designed for and the primary purpose of which is to provide for the temporary storage of operable motor vehicles.

Patio. An outdoor space paved with concrete, rock, bricks, or other pavers that adjoins a structure and is designed and intended for standing, sitting, dining or recreation.

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:

Ordinance No. 24-XX Page 74 of 94

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.

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.

Planning Commission. The City’s Planning Commission, referred to in this Development Code as the Commission.

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.

Project. Any proposal for a new or changed use or for new construction, alteration, or enlargement of any structure, that is subject to the provisions of this ordinance. This term includes, but is not limited to, any action that qualifies as a “project” as defined by the California Environmental Quality Act.

Property Line. See "Lot Line”.

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 someone designated to act on their behalf.

Recess. An entryway that is inset into that façade.

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.

Ordinance No. 24-XX Page 75 of 94
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 Alteration. 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.

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 applications described in Chapter 6 (Procedures).

Right-of-way. A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary sewer, storm sewer or other similar use.

Roof Deck. A roof deck, also referred to as a rooftop deck or terrace, is an outdoor living area constructed directly above the ceiling of a structure, typically designed for recreational or social activities. See also “Upper Story Open Spaces”..

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.

Screening. A wall, fence, hedge, informal planting, or berm, provided for the purpose of buffering a building or activity from neighboring areas or from the street.

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. Types of setback areas include the following:

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-of-way / 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.

Site. A lot or adjoining lots under single ownership or single control, considered a unit for the purposes of development or other use.

Slope. An inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance (i.e. 2:1 or 1:1) or as a percentage (i.e. 50% or 100%).

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.

State. The State of California.

Ordinance No. 24-XX Page 76 of 94
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 area directly adjacent to the front door of a building.

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 on the ground. For the purposes of this Development Code, the term "structure" includes "buildings," Structure, Primary. See "Primary Structure”.

Studio Unit. A residential unit where living and sleeping space is combined in a single room.

Tandem parking. The arrangement of parking where no more than two cars are arranged in tandem, one in front of the other.

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).

Transit Stop. A facility located within the public right-of-way at selected points along transit routes for passenger pickup, drop-off, or transfer, but excluding areas for vehicle repair or storage, passenger ticketing and parking, which are defined as a transit station or terminal.

Upper Story Open Space. Any usable area or portion of a structure thereof provided on the exterior of a building above the first story of said structure. See “Roof Deck” “Balcony”, or “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).

Ordinance No. 24-XX Page 77 of 94
Vehicle. Any vehicle, as vehicle is defined by the California Vehicle Code, including any automobile, camper, camp trailer, trailer, trailer coach, motorcycle, house car, boat, or similar conveyance.

Zone (or “District” or “Zone District”). An area of the City delineated on the official zoning map, designated by name or abbreviation as provided in the regulations codified under this Development Code.

Part 43. Article IX Development Code, Chapter 9 entitled “Definitions” is hereby amended to include a new Section entitled “Land Use Definitions” to read as follows:

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 (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 (JADU)" and "Tiny Home on Wheels”, which are separately defined.

Accessory Retail and Service Uses. See Section 4.10.020 (Accessory Retail and Service Uses).

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, 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.

Adult Business. See Section 9.10.050 (Adult Business Definitions).

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 Facility” 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 or Kennel”.

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).

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.

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.

Ordinance No. 24-XX Page 78 of 94
Beach Use – Pedestrian Only. Refers to a designated area along a coastline exclusively reserved for pedestrian activities and access. This land use designation prohibits vehicular traffic, ensuring a safe and enjoyable environment for walkers, joggers, sunbathers, and other beachgoers.

Beach Use – Vehicles Allowed. Designates areas along a coastline where vehicular access is permitted for specific purposes such as recreational driving, transportation, or emergency services. This land use allows vehicles such as cars, trucks, ATVs, or specialized beach vehicles to access the beach area for activities like fishing, camping, surfing, or simply enjoying the coastal scenery. Regulations and restrictions may apply to ensure the safety of beach users, protection of natural habitats, and preservation of the beach ecosystem.

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. See “Lodging”
Building/Landscape Materials, Indoor. Establishments primarily engaged in the sale or rental of building or landscaping supplies or equipment within enclosed structures. This classification includes lumber yards, hardware stores, tool and equipment sales or rental establishments situated indoors. 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”. This classification does not include any exterior or outdoor retail sales, see “Building/Landscape Materials, Outdoor”.

Building/Landscape Materials, Outdoor. Establishments that provide retail sales or rental of building supplies or equipment in outdoor settings, either as a primary use or accessory to indoor retail sales. This classification includes lumber yards, tool and equipment sales or rental establishments, and similar outdoor retail outlets.

Business Support Services. 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.

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.

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 non-residential 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.

Ordinance No. 24-XX Page 79 of 94

2. Large Family Day Care Home. A day care facility located in a dwelling unit where an occupant of the dwelling unit provides care and supervision for seven to 14 children. Children under the age of 10 years who reside in the dwelling unit count as children served by the day care facility.

3. Small Family Day Care Home. A day care facility located in a dwelling unit where an occupant of the 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 dwelling unit count as children served by the day care facility.

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 Cannabis Activity).

Commercial Recreation Facility, 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, coin-operated amusement arcades, electronic game arcades (video games, etc), pool and billiard rooms (as primary use), and theaters (performing or cinema).

Commercial Recreation Facility, 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.

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”.

Communication Facilities. See “Telecommunications Facilities”.

Community Gardens. A site used for growing plants for food, fiber, herbs, flowers, and others, which is shared and maintained by community residents.

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.

Emergency Shelter. Housing with minimal supportive services for homeless persons that is limited to occupancy of 180 days per calendar year or less by a homeless person, a. No individual or household may be denied emergency shelter services because of an inability to pay (California Health and Safety Code Section 50801(e)). See also “Low Barrier Navigation Center”.

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”.

Financial Institutions. Financial institutions including banks and trust companies, credit unions, and savings and loan. See also, "Automated Teller Machine (ATM)." Does not include check cashing stores, which are defined under "Personal Services, Restricted”.

Ordinance No. 24-XX Page 80 of 94
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.

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.

Golf Course (public). Pismo State Beach public golf course facility within the coastal zone.

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.

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”.

Home Occupation. A legal commercial enterprise conducted by an occupant(s) of a dwelling.

See Section 6.20.070 (Home Occupation).

Hotel or Motel. See "Lodging”.

Junior Accessory Dwelling Unit (JADU). A type of accessory dwelling unit defined by Government Code Section 66313 as a unit that is contained entirely within the area of a singleunit 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.

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.

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 or similar types of uses. Does not include “Short-Term Rentals” which are separately defined.

Low Barrier Navigation Center. A Housing First, low barrier, service-enriched shelter focused on helping homeless individuals and families to quickly obtain permanent housing. Low barrier includes best practices to reduce barriers to entry, such as allowing partners, pets, storage of personal items, and privacy. See Government Code Section 65660.

Ordinance No. 24-XX Page 81 of 94
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.

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; Ordinance No. 24-XX Page 82 of 94
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/Processing, 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.

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 Ordinance No. 24-XX Page 83 of 94
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 Uses").

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.

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 pick-up. Does not include small scale photo processing machines accessory to other retail businesses.

8. Beverage Product Manufacturing – Light. Limited manufacturing establishments producing or processing beverages for human consumption, and certain related products. Examples of these uses include
a. 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”.
b. Breweries and Distilleries. Does not include beer brewing as part of a brew pub, bar, or restaurant
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/Processing, 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.

Ordinance No. 24-XX Page 84 of 94

1. Food and Beverage Product Manufacturing – Medium. 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); 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 which are defined under “General Retail” or “Restaurants”. .

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”.

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 GBMC Article III Chapter 9 (Massage Therapy Regulations).

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”.

Ordinance No. 24-XX Page 85 of 94
Medical Services – Extended Care. Residential facilities providing nursing and health-related 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 Facility for the Elderly (RCFE)”.

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, multipurpose 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 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.

Mortuary/Funeral Home. Funeral homes and parlors, where deceased are prepared for burial or cremation, and funeral services may be conducted. May include on-site cremation if allowed by Use Permit.

Motel. See "Lodging”.

Multi-Unit Dwelling/Development. Two or more dwelling units attached or detached (cluster development) 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-unit dwellings or development include a duplex, triplex, condominium, townhouse, common interest development, common area developments (detached or attached), and apartments. Multi-unit 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”.

Office. This Development Code distinguishes between the following types of offices. These do not include medical offices (see "Medical Services – Clinic or Urgent Care," and "Medical Services – Doctor’s 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 commercial and industrial uses .

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 computer-dependent and/or Ordinance No. 24-XX Page 86 of 94
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 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 onsite such as surfboards and umbrellas.

Open Space, Undisturbed. Refers to land areas that remain largely untouched by human activities, preserving their natural state and ecological integrity. This designation emphasizes the protection and conservation of natural landscapes, ecosystems, and biodiversity. Undisturbed open spaces typically encompass a variety of environments such as forests, meadows, wetlands, and other undeveloped terrains. They serve essential ecological functions by providing habitat for wildlife, maintaining water quality, and supporting carbon sequestration. The primary objective of "Open Space, Undisturbed" is to safeguard these areas from development, ensuring their preservation for future generations and promoting the overall health and resilience of natural ecosystems.

Park or Playground (public). 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.

Passive Use Facilities. Use shall be associated with scientific/educational wildlife preserves or undisturbed open space uses and include but not be limited to bird-watching blinds, minimal nature paths, public restroom facilities, and other similar uses which are consistent with the Open Space Zone. See also “Open Space, Undisturbed” and “Scientific/Educational Wildlife Preserves”.

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.

Ordinance No. 24-XX Page 87 of 94
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.

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." Public and Quasi-Public Facility. Includes public, semi-public, and private schools; government, civic, and community buildings and uses; museums and libraries; and similar uses.

Does not include “Specialized Education/Training”.

Public Utilities Facilities, Major. Substations, generating plants, solid waste collection, transfer stations, materials recovery facilities, solid waste treatment and disposal, water or wastewater treatment plants, and similar facilities of public agencies or public utilities.

Public Utilities Facilities, Minor. Facilities necessary to support established public utilities involving only minor structures, such as pump stations, switching and relay boxes, distribution lines, transmission lines, poles, towers, public underground water and sewer lines, water wells, material and/or equipment storage facilities, and similar facilities of public agencies or public utilities.

Recreational Vehicle (RV) Park. Any area or tract of land where one or more spaces are rented for 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 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 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.

Ordinance No. 24-XX Page 88 of 94

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.

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, see section 4.10.160 (Retail Sales). Does not include “Thrift Stores” and pawn shops. (See “Personal Services - Restricted”).

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, 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 Ordinance No. 24-XX Page 89 of 94
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”.

Scientific/Educational Wildlife Preserves. Designated land areas specifically managed for the conservation, study, and education of wildlife and ecosystems. These preserves serve as living laboratories where scientists, researchers, educators, and the public can observe and learn about native flora and fauna in their natural habitats. The primary goals of these preserves include biodiversity conservation, habitat restoration, and ecological research. These areas may include protected habitats such as wetlands, forests, grasslands, and marine environments, each serving as critical ecosystems for various species. Access to "Scientific/Educational Wildlife Preserves" is often regulated to minimize disturbance to sensitive wildlife populations and habitats. Visitor centers, interpretive trails, and educational programs are commonly available to facilitate public engagement and promote awareness of conservation issues. By providing opportunities for scientific inquiry and environmental education, these preserves play a vital role in advancing conservation efforts and fostering a deeper appreciation for the natural world.

Second-Hand Store. See “Resale Store”.

Senior Housing. Senior housing is a congregation of age-restricted "apartment-type" living units with kitchen facilities in each unit of which there is at least one occupant who is a minimum age of

55. Short-Term Rental (STR). See Section 9.10.060 (Short-Term Rental Definitions).

Single Room Occupancy (SRO) Facility. A structure with one room residential rental units often with cooking facilities. May have private or shared bathroom facilities.

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 single-unit 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”.

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.

Ordinance No. 24-XX Page 90 of 94
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 (see "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").

Studio – Art, Dance, Martial Arts. 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.

Supportive Housing. See “Transitional and Supportive Housing”.

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. A use allowed for no more than one year (12 months) consisting of short-term activities. 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 on Wheels. See Section 4.10.215 (Tiny Homes on Wheels in Residential Zones). 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.

Urban Dwelling Units. See Section 4.25.060 (Urban Dwelling Units). Projects that consist of no more than two dwelling units on a single parcel located within a single-unit residential zone as Ordinance No. 24-XX Page 91 of 94
subject to Government Code Section 65852.21. An Urban Dwelling Unit project 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 nonconforming primary dwelling units where one or both units are subject to a proposed addition or alteration.

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”.

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 electroniccommerce retail establishments.

Wine Tasting. A retail sales facility where customers may taste and purchase wine and/or other food products.

Part 44. Article IX Development Code, Chapter 9 Section 9.10.020 entitled “Coastal Act Definitions” is hereby amended to remove the opening statement “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” and the following definitions are hereby added and/or amended to read as follows:

Administrative Coastal Development Permit. See “Coastal Development Permit”.

Appealable Development/Project. 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) Ordinance No. 24-XX Page 92 of 94
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.

Coastal Act. The California Coastal Act of 1976, California Public Resources Code Sections 33000 et seq., as amended.

Coastal Commission. The California Coastal Commission. Whenever the term California Coastal Zone Conservation Commission appears in any law, it means the California Coastal Commission.

Coastal Development Permit. A discretionary permit issued by the Planning Commission (Coastal Development Permit) or Director (Administrative Coastal Development Permit) for certain construction and development projects. See Section 6.20.040 (Coastal Development Permits).

Part 45. Article IX Development Code, Chapter 9 Section 9.10.020 entitled “Coastal Act Definitions” is hereby amended to remove the opening statement “Definitions of the terms related to Adult Businesses in Section 4.20” and the following definition is hereby amended to read as follows:

Live Adult Entertainment. Any existent display by a human being which is characterized by an emphasis on specified anatomical areas or specified sexual activities.

Part 46. Article IX Development Code, Chapter 9 Section 9.10.020 entitled “Short-Term Rental Definitions” is hereby amended to read as follows:

Advertise, Advertisement or Advertising. 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.

Administrative Rules. The City Manager, or designee, shall have the authority to establish administrative rules and regulations consistent with the provisions of Section 4.10.185 (ShortTerm Rentals) for the purpose of interpreting, clarifying, carrying out, furthering, and enforcing the requirements and the provisions of this Section, and establishing procedures for complaints. A copy of such administrative rules and regulations shall be on file in the office of the city clerk and posted on the city's website.

Applicable Laws, Rules and Regulations. 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 Ordinance No. 24-XX Page 93 of 94
the use and occupancy of a privately owned single-unit dwelling, multi-unit dwelling or mobile home as a short-term rental.

Bedroom. A 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 located along an exterior wall with a window and equipped with a heating source as required by the California Building Code.

Good Neighbor Brochure. 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. 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. 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.

Hosting Platform. An internet-based service, or property management company that provides advertisement for a short-term rental property.

Legally Permitted. A residential dwelling unit, remodel, or addition that has been issued a building permit by the City, or the County prior to incorporation.

Local Contact Person. 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. A short-term rental in which the owner does not reside in the residence during the time a renter is occupying the residence. See also “Short-Term Rental”.

Operator. A person that is operating an short-term rental either as an authorized agent for an owner (property manager), or as a legal occupant of the long-term rental with landlord permission.

Owner Occupied Short-Term Rental. A short-term rental in which the owner resides on the property during the time a renter is occupying the residence. See also “Short-Term Rental”.

Owner. 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.

Permittee. The applicant (property owner) that has been issued a Short-Term Rental Permit.

Renter. 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 GBMC Article X Chapter 6 (Transient Occupancy Tax).

Short-Term Rental (STR). 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 owneroccupied or non-owner occupied short-term rental.

Ordinance No. 24-XX Page 94 of 94
Short Term Rental Permit. An issued document that allows a rental of a residential unit for a period of less than 30 consecutive calendar days or less, subject to all applicable City Development Code regulations, permit/licensing requirements, and payment of fees and/or taxes, including transient occupancy tax, as defined under GBMC Article X, Chapter 6 (Transient Occupancy Tax).

Part 47. Severability. The City Council declares that, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect.

Part 48. Repeal of Conflicting Provisions. The provisions of this ordinance shall govern and supersede any other provisions of the Grover Beach Municipal Code as heretofore adopted by the City of Grover Beach that are in conflict with the provisions of this ordinance.

Part 49. Effective Date. This amendment shall not become effective and in full force and effect until 12:01 a.m. on the thirtieth day after adoption by the City Council, or 12:01 a.m. on the day after final certification by the California Coastal Commission, whichever occurs later.

However, within fifteen (15) days after adoption by the City Council, the Ordinance shall be published once, together with the names of the Council Members voting thereon, in a newspaper of general circulation within the City.

INTRODUCED at a regular meeting of the City Council held on ___________, 2024 and PASSED, APPROVED, and ADOPTED by the City Council on the ___________, 2024, on the following roll call vote, to wit:

AYES: Council Members -
NOES: Council Members -
ABSENT: Council Members -
ABSTAIN: Council Members -
RECUSED: Council Members -
___________________________________

KAREN BRIGHT, MAYOR
Attest:
______________________________

WENDI SIMS, CITY CLERK
Approved as to Form:
_____________________________

ROBERT LOMELI, CITY ATTORNEY
** D R A F T **
Attachment 2
RESOLUTION NO. 24-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH,

CALIFORNIA AUTHORIZING AND DIRECTING THE COMMUNITY

DEVELOPMENT DIRECTOR TO SUBMIT THE LOCAL COASTAL
IMPLEMENTATION AMENDMENT ASSOCIATED WITH ORDINANCE NO. 24-__

TO THE CALIFORNIA COASTAL COMMISSION FOR FINAL CERTIFICATION WHEREAS, a Local Coastal Program (LCP) amendment is required for any amendments to the City’s Development Code (Article IX of the City’s Municipal Code); and.

WHEREAS, the Local Coastal Program Amendment is intended to be carried out in a manner that is fully in conformity with the Coastal Act; and WHEREAS, the Planning Commission held a public hearing on August 6, 2024, and recommended the City Council approve the Development Code amendment and Local Coastal Program Amendment; and
WHEREAS, the City Council at its meeting on __________, 2024 conducted first reading of the Development Code Amendments, and adopted the Development Code Amendments at its meeting on __________, 2024; and
WHEREAS, this action is not a project within the meaning of the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA Guidelines (Title 14 California Code of Regulations §§ 15000, et seq.) Section 15378(b)(5) and is therefore exempt from CEQA because it will not result in any direct or indirect physical changes in the environment.

WHEREAS, the proposed Local Coastal Program Amendment will take effect automatically upon final certification by the Coastal Commission unless revisions are made by the Coastal Commission.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Grover Beach DOES HEREBY AUTHORIZE AND DIRECT the Community Development Director to submit an amendment of Article IX Development Code associated with Ordinance No. 24-__, to the California Coastal Commission for final certification.

Resolution No. 24-__ LCP Amendment Development Code Amendments Page 2 On motion by Council Member ________, seconded by Council Member ________, and on the following roll-call vote, to wit:

AYES: Council Members -
NOES: Council Members -
ABSENT: Council Members -
ABSTAIN: Council Members -
RECUSED: Council Members -
the foregoing Resolution No. 24-__ was PASSED, APPROVED, and ADOPTED at a regular meeting by the City Council on _______, 2024.
____________________________________

KAREN BRIGHT, MAYOR
Attest:
______________________________

WENDI SIMS, CITY CLERK
** D R A F T **
City of Grover Beach

COMMUNITY DEVELOPMENT DEPARTMENT
DATE: August 22, 2024
TO: Honorable Mayor and City Council
FROM: Kyle Bell, Senior Planner
SUBJECT: 2024 Development Code Amendment Summary

AMENDMENT SUMMARY
This report outlines the Development Code sections proposed to be updated. The sections are organized by chapter and identified by section number with a brief description of the proposed amendment.

Chapter 2 – Zones and Allowable Land Uses
Updates to this Chapter directly contribute to the implementation of the City’s Housing Element by ensuring alignment with development standards and promoting mixed-use development opportunities. The proposed revisions to this Chapter are minor in nature and intended to provide for clarification and consistency with other chapters of the Development Code. These changes include minor revisions to the Development Code’s Allowable Use Tables, including streamlining opportunities for mixed-use development projects. The changes are summarized below:
a) Section 2.10.040(C) (Allowable or Permitted Use Requirements) – Clarify allowable uses that may be subject to other permit requirements such as Administrative Coastal Development Permits and building permit requirements.
b) Section 2.10.040(F) (Additional Permits) – This section has been removed as further clarification has been provided under subsection C above. c) New Section 2.10.040(F) (Primary and Accessory Uses). This new section is intended to provide clarification for accessory uses that may be associated with a primary use, see new definition for “Accessory or Incidental Uses” under Chapter 9 (Section 9.10.20 – Land Use Definitions).
d) Table 2.2 (Residential Zones Allowable Land Uses and Use Permit Requirements) – The land use classification “Two-Unit Housing Development” has been renamed “Urban Dwelling Units”1 for consistency with neighboring jurisdictions in the County. A new land use classification for “Public Utilities Facilities, Minor”2 has also been established which 1 Development Code Section 9.10.030. Urban Dwelling Units. …Projects that consist of no more than two dwelling units on a single parcel located within a single-unit residential zone as subject to Government Code Section 65852.21…
2 Development Code Section 9.10.030. Public Utilities Facilities, Minor. Substations, generating plants, solid waste collection, transfer stations, materials recovery facilities, solid waste treatment and disposal, water or wastewater treatment plants, and similar facilities of public agencies or public utilities.

Attachment 3
will require a Use Permit in residential zones. All other changes are proposed for consistency with land use definitions.
e) Table 2.4 (Commercial Zones Allowable Land Uses and Permit Requirements) – Allow “Mixed-Use Project” as an allowed by right use in the Central Business (CB), Central Business Open (CBO), and Neighborhood Commercial (NC) zones to further streamline review procedures and implement a pro-housing policy. The table has also been revised to include a new land use classification for “Public Utilities Facilities, Minor”, subject to Use Permit approval. All other changes are proposed for consistency with land use definitions. f) Section 2.30.050 (Commercial Zones Design Standards) – Subsection D has been moved to Section 3.10.062 (as further discussed in Chapter 3, below). All other changes are intended to provide for clarification and consistency.
g) Table 2.6 (Industrial Zones Allowable Land Uses and Permit Requirements) – The table has been revised to include the new land use classification for “Public Utilities Facilities, Minor”, as a permitted use within the Industrial zone, and “Public Utilities Facilities, Major”3 subject to Use permit approval. All other changes are proposed for consistency with land use definitions.
h) Table 2.7 (Industrial Zones Development Standards) – End Note 2 has been removed and merged with Section 2.40.050 to refer to the Modification to Standards (Section 6.20.072) as the review process for consideration of flexibility for lot coverage or floor area ratio subject to specific findings. The End Notes have been renumbered accordingly. i) Section 2.40.050 (Industrial Zones Miscellaneous Standards) – This section has been revised to provide clarification and cross reference to other sections of the Development Code. The previous End Note 2 is now addressed through Subsection C requiring a Modification to Standards application.
j) Table 2.8 (Public Facilities Zone Allowable Land Uses and Permit Requirements) – New land use classifications have been added for “Public Utilities Facilities, Minor”, as a permitted use, and “Public Utilities Facilities, Major” subject to Use permit approval. All other changes are proposed for consistency with land use definitions. k) Table 2.9 (Parks & Recreation Zone Allowable Land Uses and Permit Requirements) – New land use classifications have been added for “Public Utilities Facilities, Minor”, as a permitted use. All other changes are proposed for consistency with land use definitions. l) Table 2.10 (Open Space Zone Allowable Land Uses and Permit Requirements) – The land use classification for “Passive Use Facilities” shall now be a permitted use within the Coastal Golf Course (CGC), Coastal Pedestrian Beach (CPB), and Coastal Vehicular Beach (CVB) zones. A definition for Passive Use Facilities has been added in Chapter 9, which was not included with the previous update4
. All other changes are proposed for
consistency with land use definitions.
3 Development Code Section 9.10.030. Public Utilities Facilities, Major. Facilities necessary to support established public utilities involving only minor structures, such as pump stations, switching and relay boxes, distribution lines, transmission lines, poles, towers, public underground water and sewer lines, water wells, material and/or equipment storage facilities, and similar facilities of public agencies or public utilities. 4 Development Code Section 9.10.030. Passive Use Facilities. …include but not be limited to birdwatching blinds, minimal nature paths, public restroom facilities, and other similar uses which are consistent with this Zone…
Chapter 3 – Standards for All Development and Land Uses Modifications to this chapter include clarifying language for development standards that are applicable to existing and new residential development (i.e. fencing, screening, upper story open spaces). This supports livable and attractive neighborhoods, accommodating various housing types and balancing community concerns such as privacy, safety, and aesthetics, which is a goal within the City’s Housing Element. Changes are intended to remove ambiguity, establish objective requirements, and further streamline the review process. The changes are summarized below:
a) Section 3.10.010 (Fences and Walls) – This section has been modified to provide greater clarification between the different fence height requirements and the fence and wall combination scenarios. The intent of these changes is to provide internal consistency, remove ambiguity, and provide flexibility for property owners, where appropriate. b) New Section 3.10.062 (Edge Conditions) – This section was moved from Chapter 2 Section 2.30.050(D) and expanded to be applicable for any non-residential project abutting an existing residential zone. The standards as they currently exist only apply to commercial projects, this change would include industrial and any other non-residential development. This change will address potential aesthetic impacts and preserve privacy for residential uses abutting an existing non-residential zone. c) Section 3.10.065 (Screening) – Subsection A has been moved to the new Edge Conditions section above (Section 3.10.062). Mechanical equipment screening now applies to all new development projects. Clarification has been provided for screening requirements specific to Loading Docks. A new subsection D has been added to address screening requirements for individual trash & recycling containers that are not required to be located within a trash enclosure.
d) Section 3.10.080 (Upper Story Open Spaces) – Staff have found this section of the code the most difficult to implement for different projects as well as confusing for design professionals and property owners. As such, staff recommends this section be repealed and replaced with new language to clarify the applicability of the requirements for different types of open spaces. Roof decks, balconies, upper story terraces, and similar types of spaces that are larger than 50 square feet shall require a greater step back from adjacent property lines to address privacy between neighboring properties. All other changes are proposed to help address concerns related to the use of upper story open spaces.

Chapter 4 – Standards for Specific Development and Land Uses Updates to this Chapter are primarily focused on ensuring that the City’s Accessory Dwelling Unit (ADU) Ordinance is consistent with recent State legislative changes. Other changes are intended to remove ambiguity and clarify objective requirements for accessory structures. The changes are summarized below:
a) Section 4.10.015 (Accessory Dwelling Units (ADUs)) – Updates to the ADU Ordinance are required to ensure consistency with recent changes in State legislation that specifically address the development of ADUs and to further pro-housing policies. This section will be reorganized to be inclusive of any Development Code standards that pertain to the development of ADUs or Junior Accessory Dwelling Units (JADUs). The changes are intended to improve readability and provide flexibility where appropriate consistent with State law, as well as the City’s goal to streamline the review process. b) Section 4.10.015 (Accessory Structures) - Changes are intended to provide clarification for permit requirements associated with accessory structures that are less than 120 square feet.

Chapter 5 – Site Development Standards
Updates to this Chapter are limited to clarification related to the City Council Resolution entitled “Flood Insurance Study (FIS) for San Luis Obispo County, California and Incorporated Areas”.

The changes are summarized below:
a) Section 5.10.030 (Basis for Establishing the areas of Special Flood Hazards) – Updates to this section are intended to remove the outdated reference to the 2008 Resolution.

Chapter 6 – Procedures
This Chapter outlines the permitting process and procedures for all permitting types. Changes to this Chapter are intended to improve the City’s permitting process and procedures to be clear, concise, and efficient, especially for housing development projects consistent with State Law. The changes are summarized below:
a) Section 6.10.020 (Authority for Land Use and Zoning Decisions) – This section has been revised to further describe the review authority of the Director, Planning Commission, and City Council as it relates to the review of land use applications. b) Table 6.1 (Review Authority) – This table has been re-organized to distinguish the designated review authority for the different land use application types. All other changes are proposed for consistency with land use application review procedures. c) Section 6.10.030(A) (Pre-application) – Changes to this section are intended to clarify the applicability and review process for Pre-applications.
d) Section 6.10.030(E) (Additional Permits) – This new section has been added to clarify applicability of other permit requirements of the Municipal Code that may be required prior to construction.
e) Section 6.10.050 (Application Review) – Changes to this section are intended to provide greater clarification of the completeness review process for land use applications and further describes the expiration process for inactive applications. f) Section 6.10.070 (Development Evaluation and Staff Reports) – This section has been modified to include clarification that the burden of proof for required findings is the responsibility of an applicant, and that any decision rendered on a project is evaluated on a case-by-case basis and does not establish precedence. g) Section 6.20.020 (Administrative Development Permit) – Changes to this section are intended to clarify the applicability of when an Administrative Development Permit is required. To further streamline review procedures, projects that consist of 10 dwelling units or less are now subject to administrative review, where previously projects with five or more dwellings were subject to Planning Commission review. This section will also include a list of projects that are exempt from an Administrative Development Permit and may be reviewed ministerially, such as small residential projects consisting of four or fewer units. h) Section 6.20.050 (Coastal Development Permits) – This section has been modified to provide greater clarification between Administrative Coastal Development Permits (no public hearing required) and Coastal Development Permits (public hearing required) and to make clear when either entitlement is triggered, while maintaining compliance with the Coastal Act pursuant to Coastal Development Permit process and procedure. i) Section 6.20.070 (Development Permit) – Changes to this section are intended to clarify the applicability of when a Development Permit is required. j) Section 6.20.72 (Modification to Standards) - Changes to this section are intended to clarify the applicability of when a Modification to Standards is required consistent with other sections of the Development Code.
k) Section 6.20.080 (Temporary Use Permits) - Changes to this section are intended to provide consistency with other sections of the Development Code, City’s Municipal Code Article III (Public Welfare, Morals & Conduct).
l) Section 6.20.090 (Use Permit) – Changes consist of a new subsection to clarify continued compliance with conditions of approval associated with an approved Use Permit. m) Section 6.20.110 (Zoning Clearance) – The changes to this section are intended to provide consistency with other sections of the Development Code as it relates to when a Zoning Clearance is required.
n) Section 6.30.040 (Permit to Run with the Land) – Changes to this section are intended to exclude Temporary Use Permits (Section 6.20.080) and Short-Term Rentals consistent with Section 4.10.185.
o) Section 6.20.060 (Time Limits and Extensions) – To streamline the review process, this section has been modified to allow the Director review authority for the first two time extensions requests of a land use entitlement. The third, and final time extension, will be reviewed by the Commission.
p) Section 6.30.070 (Changes to an Approved Development) – Minor changes have been provided to clarify the applicability of this application type in the Coastal Zone. q) Section 6.40 (Housing Streamlined Review) – This section has been modified to provide greater clarity of qualifying housing development projects that are subject to streamlining procedures pursuant to various State legislative initiatives.

Chapter 8 – Subdivision Regulations
Recent changes to State law require an update to the City’s Subdivision Regulations. On October 11, 2023, the Governor signed SB 684 into law, which became effective July 1, 2024. The bill amends the Subdivision Map Act (Map Act) to streamline the review process for infill development projects that consist of 10 homes or less located within zones which allow for multi-unit development. The new law mandates a ministerial review process for subdivision applications associated with qualifying infill projects.

Section 8.170 (Urban Lot Subdivisions) has been proposed to address these new requirements under the Map Act and outline the review requirements for qualifying projects. Table 8.1 (Review Authority) has also been amended to identify the review authority for SB 684 applications.

Chapter 9 – Definitions
The proposed updates to this Chapter are primarily intended to ensure clarity and consistency in terminology related to housing regulations, aiding in the effective implementation of the City’s Housing Element. The current organization of this chapter includes land use classification with general definitions. Staff proposes to separate the land use classifications from general definitions and create a new Section 9.10.025 (Land Use Definitions) to include definitions for all land use classifications identified in Chapter 2. Additional changes have been made to improve clarification and applicability for consistency with other chapters of the Development Code. 2024 Development Code Amendments
Public Engagement Summary
It is important that the City continue to maintain collaborative efforts with the community to ensure the amendments are transparent and easy to understand. Effective community engagement is essential in shaping the future of the City’s community development policies. To facilitate the public engagement process for the City’s 2024 Development Code Amendments and ensure a comprehensive and inclusive process, the City conducted the following outreach initiatives:

Council Study Session: The Council conducted a Study Session on May 28, 2024, that served as a forum for deliberation and initial consideration of the Administrative Draft of the Development Code amendments. The Council directed staff to engage residents, businesses, and stakeholders for feedback on key amendments, aiming to foster transparency and inclusive decision-making. (May 28, 2024, Council Agenda Report, Item No. 11).

Coastal Commission Staff Review: The Administrative Draft was submitted to the Coastal Commission Staff for initial review on May 20, 2024. On June 6, 2024, City staff met with the Coastal team to receive feedback intended to ensure consistency with the City’s Local Coastal Program and the Coastal Act. City staff integrated the feedback and comments provided by the Coastal team into the subsequent Public Draft of the Development Code.

Website: On June 18, 2024, the Public Draft was released for public review. The Public Draft was made accessible through a dedicated page on the City’s website designed to provide comprehensive information about the project and facilitate community engagement. https://www.grover.org/627/2024-Development-Code-Amendments Community Workshop: On June 18, 2024, staff hosted a community workshop at Ramona Garden Park Center. This workshop served as a platform for presenting and discussing key changes proposed in the Development Code amendments with community members, fostering dialogue and gathering valuable feedback.

Online Survey: During the Community workshop at Ramona Garden Park, held on June 18, 2024, an online survey was launched as an additional engagement tool for those unable to attend in person. The survey remained available from June 18 to July 25, and garnered 38 responses, providing valuable feedback from community members.

Attachment 4
2024 Development Code Amendments

COASTAL COMMISSION STAFF REVIEW
On May 20, 2024, the Administrative Draft was submitted to the Coastal Commission Staff for initial review. On June 6, 2024, City staff met with the Coastal team to incorporate feedback aimed at ensuring alignment with the City’s Local Coastal Program and the Coastal Act. The Coastal Staff provided the following feedback regarding various sections of the development code:
 Encouraged the City to ensure that overhead telephone lines are undergrounded during property redevelopment.
 Recommended incorporating Coastal Staff review for applications within the Coastal Zone under Section 6.20.072 (Modification to Standards).  Requested notification for time extensions within the Coastal Zone as outlined in Section

6.30.060 (Time Limits and Extensions).
 Recommended incorporating Coastal Staff review for applications in the Coastal Zone under Section 6.30.070 (Changes to an Approved Development).  Advised adding subsection 8.170.040 (Local Coastal Program Consistency) under Section

8.170 (Urban Lot Subdivisions) to ensure compliance with the certified Local Coastal Program.

These comments were incorporated into the Public Draft of the Development Code that was released for public review on the City’s website on June 18, 2024.

On July 9, 2024, the Public Draft was submitted to the Coastal Commission Staff for a second review. City staff met with the Coastal staff on July 22, 2024, to discuss the implementation of the previous recommendations. During the meeting Coastal staff identified the following recommendations:
 Update the Temporary Use Permit regulations (Section 6.20.080) to require a Coastal Development Permit for events within the Coastal Zone, scheduled between Memorial Day and Labor Day, located on the beach front, or involve a charge for admission to the event.
 Update Section 6.20.040 (Coastal Development Permits), to clarify the thresholds for projects subject to the Administrative Coastal Development Permit process.  Minor updates to Section 8.170 (Urban Lot Subdivisions), to provide reference back to the Coastal Development Permit requirements under Section 6.20.040. 2024 Development Code Amendments
Recommendation
The proposed modifications by Coastal Commission staff have been incorporated into the draft ordinance and will be presented to the Planning Commission at the August 6, 2024, public hearing.

COMMUNITY WORKSHOP
On June 18, 2024, the Community Development
Department hosted the Development Code
Amendment workshop at Ramona Garden Park
Center. The event featured a brief presentation
and a Q&A session with City staff. There were
five participants attending who had the
opportunity to discuss specific modifications to
the Development Code and pose general
questions about community development to
ensure that each attendee's concerns were
addressed thoroughly. The summaries below
encapsulate various community inquiries and
staff responses:
 Permit Application Process: A
community member requested a
simplified process sheet for permit applications like second-story decks. City staff confirmed plans to develop this by year-end, focusing on enhancing user experience through a user-friendly website and informative handouts.  Starter Home Revitalization Act (SB 684): Participants inquired about Senate Bill 684 (SB 684), aimed at simplifying approval for small-scale housing developments. The City's amendments to the Development Code incorporate SB 684 provisions, streamlining parcel map approvals for qualifying projects without discretionary review.  Edge Conditions Setback: Questions were received regarding the new setback between Industrial and Residential zones, which staff clarified that the code would provide for 10- foot separation from the property line. Proposed amendments aim to extend this condition to any non-residential use adjacent to residential zones for uniformity.  Roof Decks on Detached Structures: A participant asked about building roof decks on detached garages or ADUs, currently not permitted. The online survey was designed to 2024 Development Code Amendments
solicit public feedback on potentially allowing such installations, staff encouraged community members to participate in the survey.
 Senate Bill 9 (SB-9) Lot Splits: Clarified SB-9's allowance for splitting single-unit residential lots into two parcels, potentially accommodating up to four units total per split, contingent on adherence to the current Development Code.  Rezoning Processes and Notifications: Participants sought information on rezoning processes. Rezoning involves changing land use regulations defined by local zoning ordinances to permit different types of development. Factors considered include compatibility with surroundings, traffic impact, environmental concerns, and alignment with the City’s General Plan. Property owners are notified via Public Hearing Notices and other channels about rezoning proposals affecting properties within 300 feet, alongside newspaper publications and updates on the City’s website and City Hall postings.

ONLINE COMMUNITY SURVEY
In addition to the community workshop, staff prepared and distributed an online survey on the City’s website to solicit public input on specific amendments to the code, offering respondents an opportunity to provide direct feedback and share additional opportunities for improvements.

The online survey serves as an important tool for community engagement for those who were unable to attend and provide feedback at the community workshop or the Council Study Session. The survey was designed to facilitate feedback regarding specific changes to the Development Code as well as provide for open discussion for opportunities to further improve upon the Development Code. The online survey garnered 38 responses, with 92% of respondents residing in Grover Beach. Below is a listing of the survey questions along with recommendations identified from responses:

Questions 1 - Upper Story Open Spaces: “The Upper Story and Open Space standards support privacy between sensitive uses and establish elements in the site design and building design to result in a compatible transition between properties. The standards apply to new construction, additions, or remodels that include open spaces above the first floor of a structure, including but not limited to; balconies, terraces, decks, roof decks, and similar types of spaces, herein referred to collectively as “upper story open spaces”. The City is seeking your feedback on standards related to Upper Story Open Spaces.”
2024 Development Code Amendments
Proposed Change Oppose Neutral Support
Prohibit Upper Story Open Spaces on detached
Accessory Dwelling Units 41% 22% 38%
Prohibit Upper Story Open Spaces on detached
Accessory Structures 41% 24% 35%
Require a minimum setback distance of 10 feet from the
property line for Upper Story Open Spaces 14% 24% 62%
Exempt Upper Story Open Spaces smaller than 50
square feet from additional setback requirements 46% 24% 30% Design guardrails of Upper Story Open Spaces to
effectively screen personal belongings 19% 14% 68%
Provide flexibility in the Development Code for
exceptional design circumstances 27% 22% 51%
Q1 Recommendations
 Modify the development code to allow upper story open spaces as associated with Accessory Dwelling Units. Alternatively, staff recommend continuing the prohibition for roof decks, and updating the code to provide for other types of open spaces such as balconies, terraces, and attached decks.
 Modify the development code to allow upper story open spaces as associated with Accessory Structures. Alternatively, staff recommend continuing the prohibition for roof decks, and updating the code to provide for other types of open spaces such as balconies, terraces, and attached decks.
 No change, proceed with the setback requirement of 10 feet as measured from the property line, as was identified in the Public Draft.
 Modify the development code to remove the exemption from the additional setback requirement for upper story open spaces of less than 50 square feet.  Modify the development code to provide a standard for guardrails to screen personal belongings.
 No change, proceed with the ability to provide flexibility through the Modification to Standards procedures, as was identified in the Public Draft. 2024 Development Code Amendments
Question 2 – ADU Maximum Height: “State Law
sets the maximum height for detached ADUs at
16 feet and allows up to 25 feet for attached
ADUs. Cities can adopt stricter or more flexible
rules. Should our City consider allowing
detached ADUs to build up to 25 feet, similar to
attached ADUs?”
Q2 Recommendation
 No changes. Proceed to allow detached ADUs to be constructed up to 25 feet in height, as was identified in the Public Draft.

Question 3 – ADU Objective Design Standards: “The City establishes Objective Design Standards to facilitate the design and development of new Accessory Dwelling Units (ADUs) to maintain high-quality site planning and building designs. The City is seeking your feedback on standards related to Objective Design Standards for ADUs.” Proposed Change Oppose Neutral Support
Building Orientation. Should ADUs located within 20 feet from the front or street side property line have their
primary entrance oriented towards the street?
16% 51% 32%
Massing. Do you agree that the square footage of any
story of an ADU constructed above the first story should not exceed 80% of the floor area of the first story?
22% 24% 54%
Façade Articulation. Do you support prohibiting blank
and/or flat walls for new ADUs along the second story,
requiring at least one articulation strategy every 15 feet along the façade?
11% 28% 61%
Fenestration. Do you support increasing the fenestration strategies (window treatments) for new ADUs (current
requirement is limited to either a trim or 3-inchrecess)? 11% 35% 54%
Roofs. Do you support establishing design standards for roof style for new ADUs? 22% 27% 51%
54% 46% Yes
No
2024 Development Code Amendments
Q3 Recommendation
 No changes. Proceed with the objective design standards as provided in the Public Draft.

Question 4 – Development Review Procedures: “Development Review means the planning process by which approvals are sought for projects, including but not limited to site plans, subdivisions, and use permits. The City is seeking your feedback on standards related to streamlining development review procedures.”
Proposed Change Oppose Neutral Support
Allow Mixed-Use Development in Central Business and
Neighborhood Commercial zones with design review via
Development Permit (Zoning Map:
https://www.grover.org/DocumentCenter/View/12861).
30% 16% 54%
Have the Director review residential projects of 10 or
fewer units instead of the Planning Commission. 41% 19% 41% Have the Director review nonresidential projects under
2,500 square feet instead of the Planning Commission. 41% 19% 41% Q4 Recommendations
 No change, proceed to allow for Mixed-Use projects in the CB, CBO, and NC zones, as was identified in the Public Draft.
 Seek input from the Planning Commission regarding the appropriate thresholds for residential projects subject to Director review.
 Seek input from the Planning Commission regarding the appropriate thresholds for nonresidential projects subject to Director review.

Question 5 – Ideas and Suggestions: “Do you have any other ideas for improvements related to the City’s Development Code?”
 Restrictions on Two-Story Structures: Concerns were raised about the impact of twostory buildings on residential views and property values. Respondents emphasized the need for strict regulations to mitigate the effects of new developments on views of the ocean or dunes.
o Response: This comment may be more appropriately addressed during the next update to the City’s Residential Objective Design Standards (Section 4.25). 2024 Development Code Amendments
 Pre-Approved ADU Plans: Suggestions included providing more pre-approved accessory dwelling unit (ADU) plans, both with and without garages, to streamline the approval process and encourage more ADU constructions.
o Response: This comment may be more appropriately addressed during the next update to the City’s Pre-Approved ADU Program.
 Infrastructure Maintenance Responsibility: Residents advocated for the city to take responsibility for maintaining sidewalks and sewage infrastructure outside residential properties, addressing issues like broken sewage lines and sidewalk upkeep beyond property lines.
 Support for Small Home Renovations: There was a request to revise City regulations to better support renovation and expansion of small, non-conforming homes, suggesting changes to setback requirements and development impact fees to incentivize smaller home projects.
o Response: The City adopted updates to the Development Code in 2021 and 2022.

These updates were designed to streamline certain types of projects, including home improvement projects, making it easier for homeowners to renovate and expand their properties. City staff also created comprehensive checklists to clarify the requirements for different permitting types, helping to simplify the process for all involved. The City continually evaluates its regulations and procedures to support the diverse needs of its residents. The goal is to balance maintaining the character and safety of our neighborhoods while also offering flexibility to homeowners.

The City is pursuing an update to its Development Impact Fees. The new rate structure considers the price per square foot for residential projects, allowing for a more equitable and tailored approach to different types of developments, including smaller, non-conforming homes. This update aims to incentivize and support smaller home projects by aligning fees within the scale of the renovation or expansion.
 Accountability for Violations: Respondents urged the city to be more proactive in enforcing existing regulations and holding violators accountable. o Response: City staff assure the community that the city already places a high priority on code compliance and enforcement. Some of the measures the City currently has in place includes routine inspections and patrol of neighborhoods, 2024 Development Code Amendments
community reports (i.e. phone or email), and collaboration with other departments. Our dedicated code compliance staff conducts inspections and responds to reports to ensure that all properties adhere to city regulations.  Development Patterns and City Character: Concerns were expressed about the changing development landscape, with a desire to preserve Grover Beach's small-town feel amidst concerns for impacts on sunlight and views resulting from increasing density and commercial development.
 Urban Design and Aesthetic: Suggestions were made to adopt cohesive storefront designs downtown to enhance aesthetic appeal and sunlight accessibility, moving away from densely packed urban layouts and to consider facade articulation to improve visual appeal. One community member advocated for new activities and spaces to be autismfriendly, with low sensory stimuli for kids. o Response: These comments may be more appropriately addressed during the next update to the City’s Objective Design Standards.
 Empower Staff and Pro-Growth Policies: Support was voiced for empowering City staff with more decision-making authority to facilitate development processes, alongside a commitment to maintain a pro-growth stance to attract businesses and housing. o Response: the City is exploring the opportunity to apply for the State’s prohousing designation, which would allow greater opportunities to apply for state funding associated with improvements throughout the community.

CONCLUSION
In conclusion, the City has demonstrated its commitment to transparency and community engagement throughout the process of amending the Development Code in 2024. From the Council Study Session to engaging with the Coastal Commission Staff, hosting a dedicated website, conducting a community workshop, and launching an online survey, these initiatives have collectively ensured that residents, businesses, and stakeholders are informed and actively involved in shaping the future of the City’s development policies. Moving forward, the City remains dedicated to fostering an inclusive and comprehensive approach that reflects the values and aspirations of the Grover Beach community.

Agenda Item No. 7

CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: August 26, 2024 FROM: Matthew Bronson, City Manager
PREPARED BY: Megan Martin, Community Development Director Janet Reese, Associate Planner
SUBJECT: 2024 California Department of Housing and Community Development Community Development Block Grant Application

RECOMMENDATION
Adopt a Resolution authorizing staff to prepare and submit an application for a Community Development Block Grant for Phase 3 of the Ramona Garden Park Rehabilitation Project, Microenterprise Assistance Program, and Non-Congregate Shelter Navigation Center Program.

BACKGROUND
Local governments, either directly or through State governments, are eligible to receive Community Development Block Grant (CDBG) funds on an annual basis from the U.S.

Department of Housing and Urban Development (HUD). These funds can be used for a variety of purposes including infrastructure needs, low-moderate income housing needs, and other eligible activities. The category of “other eligible activities” includes providing capital to business through grants or loans. The State Department of Housing and Community Development (HCD) administers the CDBG programs and publishes a Notice of Funding Availability (NOFA) for each program for eligible activities.

The 2024 CDBG NOFA is anticipated to be released by HCD on August 30 for approximately $34 million statewide for eligible activities, limiting a maximum of three eligible activities as either “over-the-counter” (OTC) or “Competitive” applications with total funding not to exceed $3.6 million per applicant. Prior to applying for funds within a program year, the City is required to conduct public outreach and hold a public hearing to discuss potential applications and eligible activities.

On June 24, 2024, the Council received a presentation and held a public hearing related to potential programs/projects for inclusion in a 2024 CDBG application. The Council subsequently directed staff to pursue applications for three qualifying activities:
• OTC Project: Ramona Garden Park Rehabilitation Project, City of Grover Beach ($2,354,000)
o Phase 3 of the Ramona Garden Park Rehabilitation Project (CIP 1259), which includes the park entry, the main plaza, and the Veteran’s memorial plaza • OTC Program: Microenterprise Assistance, City of Grover Beach ($946,0001 )
1 Staff originally anticipated $1.1 million for this program based on the original cost estimates for Phase 3 of the Ramona Park Rehabilitation Project. Given a cost increase for Phase 3 and a CDBG award cap for OTC of $3.3 million, the Microenterprise Assistance Program was reduced to account for the difference.

Staff Report: 2024 Community Development Block Grant Application Page 2 August 26, 2024
o Loans to income-eligible business owners to construct needed building improvements such as plumbing and sewer lines, energy code improvements, accessibility requirements, or fire suppression systems. • Competitive Program: Non-Congregate Shelter Navigation Center Program, 5Cities Homeless Coalition ($300,000)
o Would support ongoing operating costs for the navigation centers within the city (“Cabins for Change” and “Balay Ko on Barca”).

To document and formalize the Council’s direction, a Resolution prepared by HCD is required to be adopted and submitted as part of the application. Therefore, staff recommends the Council adopt the Resolution shown in Attachment 1.

FISCAL IMPACT
Adams Ashby Group, the City’s CDBG general administration consultant, estimates the cost to prepare the application(s) and related materials to be approximately $8,500. The cost associated with the preparation of applications is an eligible expenditure of existing CDBG general administration funds included in the Community Development Department’s operating budget. If awarded, the funds would support the currently unfunded project and programs.

ALTERNATIVES
The Council has the following alternatives to consider:

1. Adopt a Resolution authorizing staff to prepare and submit an application for a CDBG grant for Phase 3 of the Ramona Garden Park Rehabilitation Project, Microenterprise Assistance Program, and Non-Congregate Shelter Navigation Center Program; or

2. Provide alternative direction to staff.

PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.

Attachments

1. Resolution
Resolution of the Governing Body
RESOLUTION NO. Insert Number

A RESOLUTION APPROVING AN APPLICATION FOR FUNDING AND THE

EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS
THERETO FROM THE 2024 FUNDING YEAR OF THE STATE CDBG

PROGRAM
BE IT RESOLVED by the City Council of the City of Grover Beach as follows:

SECTION 1:

The City Council has reviewed and hereby approves the submission to the State of California of one or more application(s) in the aggregate amount, not to exceed, of $3,600,000 for the following CDBG activities, pursuant to the and 2024 CDBG NOFA:

List activities and amounts
Activity (e.g. Public Services,
Infrastructure, etc.)
Dollar Amount Being Requested for the
Activity
Public Facility: Ramona Garden Park
Improvements Phase 3
$ 2,354,000
Economic Development: Microenterprise
Assistance
$ 946,000
Public Services: Non-Congregate Shelter
Navigation Center Program
$ 300,000
$
$
SECTION 2:

The City Council hereby approves the use of Program Income in an amount not to exceed $0 for the CDBG activities described in Section 1.

SECTION 3:

The City Council acknowledges compliance with all state and federal public participation requirements in the development of its application(s).

SECTION 4:

The City Council hereby authorizes and directs the City Manager or designee*, to execute and deliver all applications and act on the City’s behalf in all matters pertaining to all such applications.

Attachment 1
SECTION 5:

If an application is approved, the Mayor or designee*, is authorized to enter into, execute and deliver the grant agreement (i.e., Standard Agreement), any recordable or nonrecordable contract documents, and any and all subsequent amendments thereto with the State of California for the purposes of the grant.

SECTION 6:

If an application is approved, the City Manager or designee*, is authorized to sign and submit Funds Requests and all required reporting forms and other documentation as may be required by the State of California from time to time in connection with the grant.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Grover Beach held on 8/26/2024 by the following vote:

AYES: Enter # of votes or names
NOES: Enter # of votes or names
ABSENT: Enter # absentees or names
ABSTAIN: Enter # of abstains or names
Karen Bright, Mayor
City Council

STATE OF CALIFORNIA
City of Grover Beach
I, Wendi Sims, City Clerk of the City of Grover Beach, State of California, hereby certify the above and foregoing to be a full, true and correct copy of a resolution adopted by said City Council on this 26 day of August, 2024 and that said resolution has not been amended, modified, repealed, or rescinded since its date of adoption and is in full force and effect as of the date hereof.

Wendi Sims, City Clerk of the City of Grover Beach, State of California

______________________________________
By: Wendi Sims, City Clerk
Agenda Item No. 8

CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: August 26, 2024 FROM: Matthew Bronson, City Manager
PREPARED BY: Jim Munro, Chief of Police
SUBJECT: Federal Equitable Sharing Agreement

RECOMMENDATION
Adopt the Resolution authorizing the Mayor and the Chief of Police to sign a Federal Equitable Sharing Agreement with the Department of Justice that will allow the City to receive federally forfeited assets from adjudicated cases, pursuant to the Federal Equitable Sharing Program.

BACKGROUND
The City of Grover Beach is a participating agency in the San Luis Obispo County Special Operations Unit (SOU), a multi-agency narcotics task force coordinated by the Sheriff’s Office of San Luis Obispo County. As a result of our participation, the City has the opportunity to receive federally forfeited funds including equipment purchased with such funds from the SOU. In order to receive such assets, the City needs to have the Federal Equitable Sharing Agreement on file with the Department of Justice and the Department of the Treasury. Typically, any forfeited assets have been and will continue to be maintained and used by the County’s SOU as determined by the Sheriff’s Office.

In addition to being a participating agency with the SOU, the Police Department also conducts street-level narcotics investigations. Some of the investigations conducted by SOU and GBPD may result in the seizure of assets (cash and/or property) that could be determined to be the proceeds of illegal drug transactions or used in the furtherance of such transactions. These drug assets may be seized under state or federal law. If the assets are proved to be drug-related, they are subject to forfeiture by a court of law. Once deemed legally forfeited, the assets may be available to be shared with agencies that were involved in the original investigation.

There are strict guidelines under both state and federal law governing the use of forfeited assets by cities and counties. These assets must be used for law enforcement purposes to supplement the regular budget “above and beyond” those items that are normally or already budgeted for.

There are strict prohibitions against supplanting General Fund allocations with forfeited funds.

The use of forfeited assets is a very cost-effective way to further our public safety goals without impacting the General Fund.

If a drug asset is forfeited under federal law, the responsible federal agency is not able to transfer that asset to local law enforcement agencies involved in the case without a signed Federal Equitable Sharing Agreement on file with both the Department of Justice and the Department of the Treasury. This agreement states that the City will comply with the following conditions upon receipt of a federally forfeited asset:

Staff Report: Federal Equitable Sharing Agreement Page 2 August 26, 2024

1. The forfeited funds will not be commingled with funds from other sources and will be accounted for using a separate revenue account or accounting code.

2. Interest earned on federally forfeited assets must be accounted for in the same account as the forfeited assets.

3. The forfeited funds will be subject to all standard accounting requirements as well as to specific requirements for federally forfeited funds.

4. The City (via the Police Department) will submit annual Certification Reports to the Department of Justice and the Department of the Treasury accounting for the shared federal funds.

The Police Department will be responsible for ensuring the City’s compliance with the agreement, including the annual reporting. Staff will work with the Administrative Services Department regarding the accounting aspects of the agreement to ensure the forfeited funds and earned interest are tracked separately from other funds and utilized in accordance with federal law. The Federal Equitable Sharing Agreement each year requires the signatures of both the head of the Governing Body for the City and the Chief of Police.

FISCAL IMPACT
The City generally does not receive federally forfeited funds though approval of the recommended agreement is necessary if such funds are shared with the Police Department. If this occurs, the funds will benefit the City for one-time allocations such as equipment purchases or training. There will be a minimum amount of staff time needed within the Police Department to ensure proper accounting of the funds and compliance with the sharing agreement.

ALTERNATIVES
The Council has the following alternatives to consider:

1. Adopt the Resolution authorizing the Mayor and the Chief of Police to sign a Federal Equitable Sharing Agreement with the Department of Justice that will allow the City to receive federally forfeited assets from adjudicated narcotics cases, pursuant to the Federal Equitable Sharing Program; or

2. Do not adopt the Resolution authorizing the Mayor and the Chief of Police to sign the sharing agreement and thus the City will not be eligible to receive federally forfeited assets from investigations Police Department personnel were involved in; or

3. Provide alternative direction to staff.

PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.

Attachments

1. Resolution No. 24-XX

2. Draft Federal Equitable Sharing Agreement
Attachment 1
RESOLUTION NO. 24-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH,

CALIFORNIA AUTHORIZING THE MAYOR AND THE CHIEF OF POLICE TO

EXECUTE A FEDERAL EQUITABLE SHARING AGREEMENT
WHEREAS, each year the City of Grover Beach is required to submit a Federal Equitable Sharing Agreement in order to receive federally forfeited funds or assets; and WHEREAS, the Agreement sets forth the requirements for participation in the Federal Equitable Sharing Program; and
WHEREAS, the Agreement must be signed by the head of the Governing Body for the City and the Chief of Police; and
WHEREAS, any shared asset shall be used for law enforcement purposes in accordance with the statutes and guidelines that govern the Federal Equitable Sharing Program.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Grover Beach does hereby authorize the Mayor and the Chief of Police to execute a Federal Equitable Sharing Agreement with the United States Department of Justice and the United States Department of the Treasury.

On motion by ________________, second by ________________, and on the following roll call vote, to wit:

AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
the foregoing Resolution was PASSED, APPROVED, AND ADOPTED at a Regular Meeting of the City Council of the City of Grover Beach, California, this 26th day of August 2024. ** D R A F T **
___________________________________

KAREN BRIGHT, MAYOR
ATTEST:
______________________________

WENDI SIMS, CITY CLERK
Equitable Sharing Agreement and Certification
OMB Number 1123-0011
Expires: December 31, 2024
Agency Name: Grover Beach Police Department
NCIC/ORI/Tracking Number: CA0400200
Mailing Address: 711 Rockaway Ave
Type: Police Department
FY End Date: 06/30/2024 Agency FY 2025 Budget: $7,031,646.00 Phone: 805-540-1980 Email:[email protected]
Name: Munro, James
ESAC Preparer
Phone: Email:

Name:

Jurisdiction Finance Contact
Agency Finance Contact
Phone:

Name: Munro, James
805-540-1980 Email:[email protected]
Szamet, Nick
8054734550 [email protected]
Grover Beach, CA 93433
Beginning Equitable Sharing Fund Balance
Equitable Sharing Funds Received
Equitable Sharing Funds Received from Other Law Enforcement Agencies and Task Force
Other Income
Interest Income
Total Equitable Sharing Funds Received (total of lines 2-5) Equitable Sharing Funds Spent (total of lines a - n)
Ending Equitable Sharing Funds Balance
(difference between line 7 and the sum of lines 1 and 6) Summary of Equitable Sharing Activity Justice Funds Treasury Funds $0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
1 2
3 4
5 6
7 8
Summary of Shared Funds Spent
Law Enforcement Operations and Investigations
Law Enforcement, Public Safety, and Detention Facilities Training and Education
Law Enforcement Equipment
Joint Law Enforcement/Public Safety Equipment and Operations Contracts for Services
Law Enforcement Travel and Per Diem
Law Enforcement Awards and Memorials
Drug, Gang, and Other Education or Awareness Programs
Matching Grants
Transfers to Other Participating Law Enforcement Agencies Support of Community-Based Programs
Non-Categorized Expenditures
Salaries
Total
Justice Funds Treasury Funds
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
a
b
c
d
e
f
g
h
i
j
k
l
m
n
Department of Justice Asset Forfeiture Program Investigative Agency participants are: FBI, DEA, ATF, USPIS, USDA, DCIS, DSS, and FDA Department of the Treasury Asset Forfeiture Program participants are: IRS-CI, ICE, CBP and USSS. 1 2
1 2
Annual Certification Report
Date Printed: 07/30/2024 Page 1 of 5
Attachment 2
Equitable Sharing Funds Received From Other Agencies
Transferring Agency Name Justice Funds Treasury Funds
Other Income
Other Income Type Justice Funds Treasury Funds
Matching Grants
Matching Grant Name Justice Funds Treasury Funds
Transfers to Other Participating Law Enforcement Agencies Receiving Agency Name Justice Funds Treasury Funds
Support of Community-Based Programs
Recipient Justice Funds
Non-Categorized Expenditures
Description Justice Funds Treasury Funds
Salaries
Salary Type Justice Funds Treasury Funds
Paperwork Reduction Act Notice
Under the Paperwork Reduction Act, a person is not required to respond to a collection of information unless it displays a valid OMB control number. We try to create accurate and easily understood forms that impose the least possible burden on you to complete. The estimated average time to complete this form is 30 minutes. If you have comments regarding the accuracy of this estimate, or suggestions for making this form simpler, please write to the Money Laundering and Asset Recovery Section at 1400 New York Avenue, N.W., Washington, DC 20005.

The Department of Justice is collecting this information for the purpose of reviewing your equitable sharing expenditures.

Providing this information is voluntary; however, the information is necessary for your agency to maintain Program compliance.

Information collected is covered by Department of Justice System of Records Notice, 71 Fed. Reg. 29170 (May 19, 2006), JMD-022 Department of Justice Consolidated Asset Tracking System (CATS). This information may be disclosed to contractors when necessary to accomplish an agency function, to law enforcement when there is a violation or potential violation of law, or in accordance with other published routine uses. For a complete list of routine uses, see the System of Records Notice as amended by subsequent publications.

Privacy Act Notice
Single Audit Information
Company:

Name:

Independent Auditor
Erin Nagle
Phone:

Glenn Burdette
8055441441 Email: [email protected]
Date Printed: 07/30/2024 Page 2 of 5
Were equitable sharing expenditures included on the Schedule of Expenditures of Federal Awards (SEFA) for the jurisdiction's Single Audit for the prior fiscal year? If the jurisdiction did not meet the threshold to have a Single Audit performed, select Threshold Not Met.

NO
Prior Year Single Audit Number Assigned by Federal Audit Clearinghouse: N/A

YES X THRESHOLD NOT MET
Date Printed: 07/30/2024 Page 3 of 5
Under penalty of perjury, the undersigned officials certify that they have read and understand their obligations under the Guide to Equitable Sharing for State, Local, and Tribal Law Enforcement Agencies (Guide) and all subsequent updates, this Equitable Sharing Agreement, and the applicable sections of the Code of Federal Regulations. The undersigned officials certify that the information submitted on the Equitable Sharing Agreement and Certification form (ESAC) is an accurate accounting of funds received and spent by the Agency.

The undersigned certify that the Agency is in compliance with the applicable nondiscrimination requirements of the following laws and their Department of Justice implementing regulations: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.), Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794), and the Age Discrimination Act of 1975 (42 U.S.C. § 6101 et seq.), which prohibit discrimination on the basis of race, color, national origin, disability, or age in any federally assisted program or activity, or on the basis of sex in any federally assisted education program or activity. The Agency agrees that it will comply with all federal statutes and regulations permitting federal investigators access to records and any other sources of information as may be necessary to determine compliance with civil rights and other applicable statutes and regulations.

Affidavit
Equitable Sharing Agreement
This Federal Equitable Sharing Agreement, entered into among (1) the Federal Government, (2) the Agency, and (3) the Agency's governing body, sets forth the requirements for participation in the federal Equitable Sharing Program and the restrictions upon the use of federally forfeited funds, property, and any interest earned thereon, which are equitably shared with participating law enforcement agencies. By submitting this form, the Agency agrees that it will be bound by the Guide and all subsequent updates, this Equitable Sharing Agreement, and the applicable sections of the Code of Federal Regulations.

Submission of the ESAC is a prerequisite to receiving any funds or property through the Equitable Sharing Program.

1. Submission. The ESAC must be signed and electronically submitted within two months of the end of the Agency’s fiscal year. Electronic submission constitutes submission to the Department of Justice and the Department of the Treasury.

2. Signatories. The ESAC must be signed by the head of the Agency and the head of the governing body. Examples of Agency heads include police chief, sheriff, director, commissioner, superintendent, administrator, county attorney, district attorney, prosecuting attorney, state attorney, commonwealth attorney, and attorney general. The governing body head is the head of the agency that appropriates funding to the Agency. Examples of governing body heads include city manager, mayor, city council chairperson, county executive, county council chairperson, administrator, commissioner, and governor. The governing body head cannot be an official or employee of the Agency and must be from a separate entity.

3. Uses. Shared assets must be used for law enforcement purposes in accordance with the Guide and all subsequent updates, this Equitable Sharing Agreement, and the applicable sections of the Code of Federal Regulations.

4. Transfers. Before the Agency transfers funds to other state or local law enforcement agencies, it must obtain written approval from the Department of Justice or Department of the Treasury. Transfers of tangible property are not permitted.

Agencies that transfer or receive equitable sharing funds must perform sub-recipient monitoring in accordance with the Code of Federal Regulations.

5. Internal Controls. The Agency agrees to account separately for federal equitable sharing funds received from the Department of Justice and the Department of the Treasury, funds from state and local forfeitures, joint law enforcement operations funds, and any other sources must not be commingled with federal equitable sharing funds.

The Agency certifies that equitable sharing funds are maintained by its jurisdiction and the funds are administrated in the same manner as the jurisdictions's appropriated or general funds. The Agency further certifies that the funds are subject to the standard accounting requirements and practices employed by the Agency's jurisdiction in accordance with the requirements set forth in the Guide, any subsequent updates, and the Code of Federal Regulations, including the requirement to maintain relevant documents and records for five years.

The misuse or misapplication of equitably shared funds or assets or supplantation of existing resources with shared funds or assets is prohibited. The Agency must follow its jurisdiction's procurement policies when expending equitably shared funds.

Failure to comply with any provision of the Guide, any subsequent updates, and the Code of Federal Regulations may subject the Agency to sanctions.

6. Single Audit Report and Other Reviews. Audits shall be conducted as provided by the Single Audit Act Amendments of 1996 and OMB Uniform Administrative Requirements, Costs Principles, and Audit Requirements for Federal Awards. The Agency must report its equitable sharing expenditures on the jurisdiction's Schedule of Expenditures of Federal Awards (SEFA) under Assistance Listing Number 16.922 for Department of Justice and 21.016 for Department of the Treasury. The Date Printed: 07/30/2024 Page 4 of 5
Yes No
Agency Head
Name:

Title:

Email:

Governing Body Head
Name:

Title:

Email:

To the best of my knowledge and belief, the Agency's current fiscal year budget reported on this ESAC is true and accurate and the Governing Body Head whose name appears above certifies that the agency's budget has not been supplanted as a result of receiving equitable sharing funds. Entry of the Governing Body Head name above indicates his/her agreement to abide by the policies and procedures set forth in the Guide, any subsequent updates, and the Code of Federal Regulations.

I certify that I have obtained approval from and I am authorized to submit this form on behalf of the Agency Head and the Governing Body Head.

X
Munro, Jim
Chief of Police
[email protected]
Bright, Karen
Mayor
[email protected]
Date:

To the best of my knowledge and belief, the information provided on this ESAC is true and accurate and has been reviewed and authorized by the Law Enforcement Agency Head whose name appears above. Entry of the Agency Head name above indicates his/her agreement to abide by the Guide, any subsequent updates, and the Code of Federal Regulations, including ensuring permissibility of expenditures and following all required procurement policies and procedures.

Signature: ___________________________________________________________ Date:

Department of Justice and the Department of the Treasury reserve the right to conduct audits or reviews.

7. Freedom of Information Act (FOIA). Information provided in this Document is subject to the FOIA requirements of the Department of Justice and the Department of the Treasury. Agencies must follow local release of information policies.

8. Waste, Fraud, or Abuse. An Agency or governing body is required to immediately notify the Department of Justice's Money Laundering and Asset Recovery Section and the Department of the Treasury's Executive Office for Asset Forfeiture of any allegations or theft, fraud, waste, or abuse involving federal equitable sharing funds.

During the past fiscal year: (1) has any court or administrative agency issued any finding, judgment, or determination that the Agency discriminated against any person or group in violation of any of the federal civil rights statutes listed above; or (2) has the Agency entered into any settlement agreement with respect to any complaint filed with a court or administrative agency alleging that the Agency discriminated against any person or group in violation of any of the federal civil rights statutes listed above?
Signature: ___________________________________________________________ ________________________________
________________________________
Civil Rights Cases
Date Printed: 07/30/2024 Page 5 of 5
Agenda Item No. 9

CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: August 26, 2024 FROM: Matthew Bronson, City Manager
PREPARED BY: Matthew Bronson, City Manager
SUBJECT: Selection of Voting Delegate and Alternate for the 2024 League of California Cities Annual Conference

RECOMMENDATION
Select Council Member Weirick to serve as delegate and Mayor Pro Tem Robert to serve as alternate for the upcoming annual business meeting to be held at the League of California Cities Annual Conference.

BACKGROUND
In order to participate in the business meeting at the League of California Cities Annual Conference, every represented city must have its City Council designate a voting representative who will be registered at the conference and attend the annual business meeting (General Assembly). Each member city may also appoint up to two alternates, one of whom may vote in the event the designated voting delegate is unable to serve in that capacity. A voting card will be issued to the designated city official at the conference.

Conference attendance provides an exceptional opportunity for elected officials to hear from leading experts, expand knowledge of municipal government, and view innovative resources that could benefit the delivery of services, enhance resources, and strengthen the City.

The Annual Conference will be held in Long Beach from Wednesday, October 16 through Friday, October 18 with the General Assembly held on October 18. This year, members of the Council scheduled to attend the conference are Mayor Pro Tem Robert Robert and Council Member Clint Weirick. Staff would propose for this year’s conference that Council Member Weirick serve as delegate and Mayor Pro Tem Robert serve as alternative depending on availability.

The deadline to submit policy resolutions to the Annual Conference was August 17. Staff is not aware of policy resolutions that were received by the deadline for consideration. Petitioned resolutions may still be introduced during the conference, and if qualified, considered by the General Assembly.

FISCAL IMPACT
There is no fiscal impact from this action.

ALTERNATIVES
The City Council has the following alternatives to consider:

1. Select one delegate and alternate(s); or
Staff Report: Selection of Voting Delegate and Alternate to the Annual LCC Conference Page 2 August 26, 2024

2. Do not select any delegates; however, the City would not have voting rights at the annual business meeting; or

3. Provide alternative direction to staff

PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.

Attachments

1. Voting Designation Information
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: Wednesday, July 10, 2024
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Oct. 16-18, 2024 Long Beach Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Taking place on Oct. 18, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.

Following council action, please submit your city’s delegates through the online submission portal by Wed., Sept. 25. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.

Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre-conference communications with voting delegates.

Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.

Council Action Advised by September 25, 2024
Attachment 1
For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Please view Cal Cities’ event and meeting policy in advance of the conference.

Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the Long Beach Convention Center in Long Beach, will be open at the following times: Wednesday, Oct. 16, 8:00 a.m.-6:00 p.m. and Thursday, Oct. 17, 7:30 a.m.-4:00 p.m. On Friday, Oct. 18, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for submitting your voting delegate and alternates by Wednesday, Sept. 25. If you have questions, please contact Zach Seals at [email protected].

Attachments:
• General Assembly Voting Guidelines
• Information Sheet: Cal Cities Resolutions and the General Assembly 1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.

Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.

How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.

The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.

Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.

Recommendations are forwarded
to the Resolutions Committee.

Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.

Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.

Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.

During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.

Cal Cities policy
development is a memberinformed process,
grounded in the voices and
experiences of city officials
throughout the state.

For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.

General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.2
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f).

Agenda Item No. 10

CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: August 26, 2024 FROM: Matthew Bronson, City Manager
PREPARED BY: Megan Martin, Community Development Director SUBJECT: Second Reading and Adoption of an Ordinance to Repeal and Replace Article X (Revenue and Taxation), Chapter 13 (Development Impact Fees) of the Grover Beach Municipal Code and Establish a Development Impact Fee Deferral Program; and Adopt a Resolution to Amend the Master Fee Schedule.

RECOMMENDATION
Conduct a public hearing and second reading and adopt an Ordinance to repeal and replace Article X (Revenue and Taxation), Chapter 13 (Development Impact Fees) of the Grover Beach Municipal Code (GBMC) and establish a Development Impact Fee Deferral Program; and Adopt a Resolution to amend the Master Fee Schedule.

BACKGROUND
In 1995, the City of Grover Beach (the “City”) adopted Ordinance No. 95-10, adding Chapter 13 to the Grover Beach Municipal Code (GBMC) Article X to establish Development Impact Fees.

The City’s Development Impact Fee (DIF) schedule was established to raise the capital revenues necessary to mitigate the cost of various City infrastructure and facilities required because of additional demands from new development. The City’s DIFs were last updated in 2006.

Beginning in 2022, State law required updates to local government DIF schedules every eight years through a comprehensive review to account for existing development and future growth as well as to reflect changes in adopted Capital Improvement Programs (CIPs). The City engaged with Willdan Financial Services to prepare a comprehensive update and programmed the 2024 Development Impact Fee Nexus Study Update (DIF Study) and corresponding schedule through the Five-Year CIP and the City’s Facility Conditions and Needs Assessment report. The findings within the DIF Study enable the City to expand its inventory of public facilities that will accommodate future growth and development in the City through 2050 as envisioned in the City’s General Plan.

On June 24, 2024, the City Council (Council) adopted by Resolution (Res. No. 24-34) the DIF Study and made findings to adopt the maximum justified fee amounts as part of the DIF schedule for the following categories: Administrative Facilities, Law Enforcement Facilities, Fire Protection, Parks, Recreation, Water, and Sewer. The Council further directed staff to develop a DIF deferral program for specified types of housing development and return with an amended ordinance (GBMC Article X, Chapter 13) and Resolution. On July 22, 2024, the Council considered the first reading and introduction of the Ordinance and DIF Deferral program.

Staff Report: Second Reading of an Ordinance Updating Development Impact Fees Page 2 August 26, 2024

Grover Beach Municipal Code Article X, Chapter 13 Amendments As directed by Council, staff has prepared amendments to the GBMC and recommends the repeal and replacement of the existing ordinance (GBMC Article X, Chapter 13) to effectively implement changes to the City’s DIFs. The proposed changes seek to align with State regulations, clarify those regulations, provide opportunities for deferrals of DIFs for qualifying projects, and apply a DIF schedule that will enable the City to expand its inventory of public facilities, accommodating future growth and development.

Master Fee Schedule Update
To incorporate the maximum justified fees (Table E.1 below) identified by the DIF Study, the Master Fee Schedule (Fee Schedule) must be updated by resolution (Attachment 2). Pursuant to Council direction, the maximum justified fees are to be implemented in a two-year phased approach, and beginning in year three, the fees will be adjusted annually for inflation using the California Construction Cost Index (CCCI) beginning in 2026.

This structured roll-out is designed to provide a balanced and manageable transition for developers, while ensuring the City can continue to fund essential public facilities and infrastructure improvements.

The DIFs will be automatically adjusted each year by the following:
• Effective October 25, 2024: 50% increase for all categories; and, • Effective July 1, 2025: remaining 50% increase for all categories; and, • Effective July 1, 2026: For all categories, percent change for annual inflation using CCCI The following page shows an example of the two-year phased approach for commercial development:

Staff Report: Second Reading of an Ordinance Updating Development Impact Fees Page 3 August 26, 2024

Fees will be collected pursuant to the attached Resolution (Attachment 2) in separate accounts for the facility types for which these impact fees are collected. Within 180 days of the close of each fiscal year, the Administrative Services Director shall make available to the public an accounting of the funds as provided for in Government Code Section 66006(b), and the Council shall review that information at its next regular public meeting.

Fees adopted by resolution shall become effective no sooner than 60 days after adoption, pursuant to Government Code Section 66017. The fees imposed by the Resolution shall be effective on October 25, 2024.

DIF Deferral Program
A DIF Deferral Program is a policy that allows developers to postpone payment of DIFs to a later stage in the development process, rather than paying upfront. By deferring fees, the program can make it financially easier for developers to initiate projects. These programs are most often used to incentivize certain types of development, such as affordable housing, mixed-use projects, or developments in targeted areas that are in need of revitalization.

On June 24, 2024, the Council directed staff to prepare and incorporate a DIF Deferral Program for qualifying residential projects (Attachment 3). Incorporating a DIF deferral program would be a significant step in supporting the development of qualifying residential development projects in Grover Beach as well as further implement Housing Element Program 6.1 which directs the City to consider a policy for fee deferrals associated with affordable housing projects. This program allows for deferral of certain impact fees to ease the financial burden on developers during the initial phases of construction. The program does not include deferral of water and sewer facility fees or “pass-through” fees (i.e. Lucia Mar Unified School District, South San Luis Obispo County Sanitation District), ensuring that essential services remain adequately funded.

Staff Report: Second Reading of an Ordinance Updating Development Impact Fees Page 4 August 26, 2024

After reviewing DIF deferral programs in other communities, staff compiled a draft of the DIF Deferral Program Guidelines (Attachment 3, Exhibit A), that are intended to establish measures for effective implementation of the program, a few of the key provisions are identified below:
• Eligible impact fees would be limited to the following: Transportation, Law Enforcement, Administrative, Fire Protection, Park, and Recreation.
• The term would provide a 17-year deferral (2-year buffer from the typical construction loan term); any request to extend the term would require a recalculation of the impact fees at the time the extension is requested (plus accrued interest). • An annual simple fixed interest rate of three percent (3%) shall be paid in full at the end of the term.
• The program would provide for the City Manager to approve deferrals up to an amount of $500,000.
• City Council approval would be required for deferrals of more than $500,000.

Qualifying or eligible projects under the DIF deferral program shall be limited to the following:
• Housing projects with 10 or fewer units that provide at least (1) of the total units to be sold or rented to lower or moderate-income households.
• Housing projects with more than 10 units, that provide at least 20 percent of the total units to be sold or rented to lower or moderate-income households. • Housing projects that are built, owned and managed by a government agency or a nonprofit housing organization.
• Affordable housing, Transitional housing, Supportive housing, Homeless Shelters and Low-Barrier Navigation Centers.

A fee deferral granted under this Program shall be acknowledged by a Deed of Trust and Promissory Note, herein referred to as the “DIF Deferral Agreement”, to ensure the security for the repayment of deferred fees. The DIF Deferral Agreement shall be recorded as a lien against the property on which the associated development project is to be located. The agreement would be removed upon payment in full of all deferred fees and accrued interest.

DIF Exemptions
Pursuant to State law, the Ordinance includes an exemption for ADUs up to 750 square-feet from DIFs (Gov. Code, § 65852.2, subd. (f)(3)). This was passed into law by the State in an effort to make ADUs even more affordable to build. ADUs are not exempt from school district fees. School districts are authorized to, but do not have to, levy impact fees for ADUs greater than 500 squarefeet pursuant to Section 17620 of the Education Code. ADUs less than 500 square-feet are not subject to school impact fees.

To further address housing needs, an exemption for Emergency Shelters from impact fees related to Transportation, Administration, Parks, and Recreation has been included. These facilities typically have a limited impact on transportation infrastructure, as residents are less likely to own vehicles or drive. They require minimal additional administrative services, operate with their own resources, and place little strain on parks and recreation facilities due to the transient nature of their residents. Furthermore, these exemptions support broader social goals by reducing financial burdens on organizations providing critical services and encouraging the development of shelters, ultimately aiding vulnerable populations and addressing homelessness more effectively.

Staff Report: Second Reading of an Ordinance Updating Development Impact Fees Page 5 August 26, 2024

Application of New Development Impact Fees to Current and Future Projects Under California law, the timing of when new development becomes subject to development impact fees generally follows whether the project has been “deemed complete”. For a project that has not yet been deemed complete by the effective date of new fees, the project will be subject to the fees in place on the date it is deemed complete. This means that if a project is deemed complete after the effective date of the new fees (October 25, 2024), the new fees will apply. If a project is deemed complete prior to the effective date, the new fees will not apply.

Next Steps
If adopted, the new Ordinance, DIF Deferral Program, and the update to the Master Fee Schedule for the new DIFs will take effect 60 days following adoption, on October 25, 2024.

FISCAL IMPACT
The fiscal impact of implementing the maximum justified DIF schedule is an estimated total of $23.3 million in fee revenue by 2050. These revenues are essential to mitigate the impacts of growth and development within Grover Beach and would support the City’s CIP. These fees will only cover the portion of these projects that are attributable to growth and development. In addition, these fees are collected over a period of 26 years, where the projects will likely be paid for using other sources, then reimbursed over time from these fees as they are collected.

ALTERNATIVES
The Council has the following alternatives to consider:

1. Conduct the second reading and adopt an Ordinance to repeal and replace Article X (Revenue and Taxation), Chapter 13 (Development Impact Fees) of the Grover Beach Municipal Code (GBMC) and establish a Development Impact Fee Deferral Program; and adopt a Resolution to update the Master Fee Schedule; or

2. Provide alternative direction to staff.

PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act. Pursuant to Government Code Section 36933, the full text of the Ordinance was made available to the public on the City’s website and a summary of the Ordinance was published in the New Times on August 22, 2024.

Attachments

1. Draft Ordinance

2. Draft Resolution (Master Fee Schedule)

3. Draft Resolution (Impact Fee Deferral Program)
Exhibit A – Impact Fee Deferral Program Guidelines
ORDINANCE NO. 24-__

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH, CALIFORNIA REPLACING ARTICLE X (REVENUE AND TAXATION) CHAPTER 13 (DEVELOPMENT IMPACT FEES) OF THE GROVER BEACH MUNICIPAL CODE WHEREAS, the City of Grover Beach (the “City”) is duly authorized pursuant to the Mitigation Fee Act (the “Act”), commencing with California Government Code, § 66000 et seq., to impose development impact fees (DIF) for purposes of defraying all or a portion of the costs of public facilities related to new development occurring within the City; and,
WHEREAS, the City adopted an Ordinance (Ord. 95-10) and established a DIF schedule that is charged to developers to mitigate the impacts of development upon public facilities; and WHEREAS, the City’s DIF schedule underwent a comprehensive update in 2005 (Resolution No. 06-11) and 2006 (Resolution No. 06-45) to reflect changes in infrastructure needs and costs; and, WHEREAS, the State now requires DIF schedules to complete a comprehensive review every eight years (Government Code § 66016(8)) to ensure fees remain relevant and appropriately aligned with current infrastructure needs and development impacts; and WHEREAS, the City engaged the financial firm, Willdan Financial Services (Willdan) to prepare a Nexus Study to evaluate and establish the reasonable relationship between the fees charged and the impact of new development on public infrastructure and services; and, WHEREAS, the City Council (Council) on June 26, 2024, held a duly noticed public hearing to hear all oral and written presentations from the public regarding the Nexus Study and proposed DIF schedule; and,
WHEREAS, on June 26, 2024, the Council adopted the Study (Resolution No. 24-34), finding that it accurately identifies the maximum justified fees necessary to fund public facilities and infrastructure improvements required to accommodate new development; and directed staff to prepare an Ordinance to amend the Grover Beach Municipal Code Article X (Revenue and Taxation), Chapter 13 (Development Impact Fees), and prepare and update the City’s Master Fee Schedule with the maximum justified fees for the City’s nine (9) DIF categories (Exhibit A) in two phases, and develop a DIF deferral program; and, WHEREAS, on July 22, 2024, the Council at a regular meeting introduced, by title only, an Ordinance to replace GBMC Article X (Revenue and Taxation), Chapter 13 (Development Impact Fees); and,

NOW THEREFORE, BE IT HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF GROVER BEACH AS FOLLOWS:

SECTION 1. Incorporation. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. Environmental. The City Council finds that this Ordinance is exempt from the California Environmental Quality Act ("CEQA") because the Ordinance does not qualify as a “project” under CEQA and because the Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment. (State CEQA Guidelines section 15060, subd. (c)(2), (3).) Section 15378 of the State Attachment 1
Ordinance No. Page 2 of 5
CEQA Guidelines defines a project as the whole of an action, which could potentially result in either a direct physical change, or reasonably foreseeable indirect physical change, in the environment. The Ordinance will not result in any construction or development, and it will not have any other effect that would physically change the environment. The Ordinance therefore does not qualify as a project subject to CEQA.

SECTION 3. Chapter 13 Development Impact Fees. Article X, Chapter 13 Development Impact Fees of the Grover Beach Municipal Code is hereby replaced as follows:

Sec. 101301. Purpose. To establish, impose, and collect fees for new development projects that will defray the cost of the expansion and improvement of infrastructure and public facilities necessary to accommodate the impacts of such development.

Sec. 101302. Authority. Pursuant to California Government Code Sections 66000 – 66025, the City is authorized to adopt and implement development impact fees to ensure that new development contributes to the cost of public infrastructure and services necessitated by growth.

Sec. 101303. Applicability. This Chapter shall apply to all new developments within the City, except as exempted under applicable state laws or by specific provision within this Chapter. Development projects subject to this Chapter include, but are not limited to, residential, commercial, industrial, and mixed-use developments that result in new construction or expansions of existing structures. (A) Exemptions. The following projects are exempted from payment of Development Impact Fees:
a. The United States or to any agency or instrumentality thereof, the State of California or any County or other political subdivision of the State of California. b. Remodeling or alteration of an existing residential building, but only if the number of dwelling units is not increased or the use changed.
c. That portion of a structure which existed before the addition of dwelling units or the enlargement of floor area in a non-residential structure. d. The reconstruction of any development project that is damaged, destroyed, or demolished, and replaced within two years from the date of demolition. e. Residential accessory structures, including sheds, workshops, garages, and other accessory structures as defined in Municipal Code Article IX (Development Code), Chapter 9 (Definitions).
f. Development, modification, or expansion of an Accessory Dwelling Unit that is less than 750 square-feet in size, in accordance with Government Code Section 66324(c). g. Development, modification, or expansion of an Emergency Shelter, subject to Municipal Code Article IX (Development Code), Chapter 2, Section 2.90.030 (Emergency Shelter Overlay Zone), shall be exempt from the following impact fees: Transportation, Administrative, Park, and Recreation facilities.

The calculation and imposition of impact fees, established to fund the capital costs of public facilities related to the needs of new development in the City, shall be based on the type, size, and intensity of each development project as outlined in the fee schedule adopted by the City Council.

Ordinance No. Page 3 of 5
Sec. 101304. Impact Fee Categories. The following impact fee categories have been established to address specific needs related to new development within the City:
(A) Administrative facilities
(B) Fire Protection Facilities
(C) Law enforcement facilities
(D) Park facilities
(E) Recreation Facilities
(F) Storm Drain facilities
(G) Transportation
(H) Wastewater
(I) Water
These impact fee categories are integral to ensuring that new development adequately contributes to the enhancement and maintenance of essential public facilities within the City.

Sec. 101305. Fees Established by Resolution. The specific amount of the impact fees and their calculations shall be established by resolution of the Council. The resolution shall set forth the precise amounts of the impact fees, identify the public facilities funded by these fees along with their estimated costs. Fees shall be based on a reasonable relationship between the fee charged and the cost of the public facilities and infrastructure improvements necessitated by the new development.

Sec. 101306. Payment of Fees. Except as otherwise provided in Section 66007 of the Government Code, development impact fees shall be paid to the City at the time of final occupancy certification. In cases where payment or all or part of the required fee is deferred at the time of final occupancy certification, the applicant, at the applicant's expense, may execute a contract with the City to pay all or a portion of the impact fees, in accordance with the provisions of the City’s Impact Fee Deferral Program Guidelines, as further described in Section 101307. When impact fees are paid in full, the City, at the expense of the applicant or property owner, shall execute a release of any lien securing those impact fees.

Sec. 101307. Appeals. Any aggrieved person subject to the fees established by this Chapter may appeal the imposition of these fees by meeting the following requirements:
(A) Time and Form. An appeal shall be submitted in writing, to the Community Development Director, and filed within 30 days following notification of the imposition of the fees and shall specifically state the pertinent facts and basis for the appeal.
(B) Fees. Payment of any fee required for processing of the appeal. (C) Public Hearing. The Council shall consider the appeal at a hearing to be held within 60 days after filing of the appeal. The decision of the Council shall be final.

Sec. 101308. Development Impact Fee Deferrals. The Council shall, by resolution, set forth the “Development Impact Fee Deferral Program Guidelines” that establish the application process and review procedures to consider a request for a deferral of certain development impact fees for qualifying projects that would otherwise be due and payable at the time of final occupancy certification. An Impact Fee Deferral Agreement shall explicitly provide for the recordation of a lien against the real property on which the associated development project is to be located, which shall be removed upon payment in full of all deferred fees. The Development Impact Fee Deferral Program Guidelines shall set forth the following:

Ordinance No. Page 4 of 5
(A) Identify eligible projects that align with the City’s goals, including but not limited to, housing projects that are built, owned and managed by a government agency or a nonprofit housing organization.
(B) Limit eligible impact fees to those identified in Section 101303 (Fees – Imposition and Application), however, water system improvements, storm drain facilities, and wastewater facilities impact fees shall not be eligible for the Impact Fee Deferral Program. (C) Establish the application process and review procedures to approve, modify, or deny an application.
(D) Develop a term for the loan with an annual simple fixed interest rate of three percent (3%) that shall be paid in full at the end of the term. Interest shall accrue starting at the commencement of the deferral period for an approved development project.

Sec. 101309. Credits and Reimbursement. If the approval of a development project is required by the City to construct facilities whose costs have been included in the calculation of impact fees applicable to that project, the applicant shall receive a credit against those impact fees, up to the amount charged for the same type of facility. Should the cost of the improvements constructed by the applicant exceed the amount of impact fees charged for the same type of facility, the excess cost shall be reimbursed to the applicant from other impact fee revenues within a reasonable timeframe. To qualify for reimbursement, the applicant must execute a reimbursement agreement with the City specifying the reimbursable amount and an approximate schedule for reimbursement.

Sec. 101310. Disposition and Use of Collected Fees. The Administrative Services Director shall deposit fees collected pursuant to this Chapter in a separate fund or account and shall be used solely for the purpose of funding the public facilities and infrastructure improvements for which the fees were collected as listed in Section 101304. Any interest earned on funds deposited in a fund or account shall be deposited in that fund or account. Funds deposited in those accounts shall be used only to pay for design and construction, including construction administration, of projects identified in resolutions adopted pursuant to Section 101305 as the basis for the impact fees, or for reimbursements as provided in Section 101309.

Sec. 101311. Reporting. The City shall prepare an annual report detailing the collection and use of development impact fees in compliance with Government Code Section 66006. In addition to the annual report, the City shall conduct a review of all development impact fees every five years, as required by Government Code Section 66001(d).
(A) Public Availability. Both the annual and five-year reports shall be made available to the public in accordance with the requirements of Government Code Section 66006. (B) Public Hearing – Annual Reporting. Within 180 days of the close of each fiscal year, the Administrative Services Director shall make available to the public an accounting of the funds as provided for in Government Code Section 66006(b), and the Council shall review that information at its next regular public meeting.
(C) Public Hearing – Five-year Reporting. The Council shall review the five-year report at a public hearing.

Sec. 101312. Refund of Unexpended Fees. If fees collected are not expended or committed within the timeframe specified by the Mitigation Fee Act, the City shall refund the unexpended fees, along with any Ordinance No. Page 5 of 5
interest accrued, to the current property owner of record, in accordance with the procedures set for in Government Code Section 66001, or make findings as required by that Section to retain the fees.

SECTION 4. Publication. A summary of the Ordinance shall be published in a newspaper published and circulated in the City of Grover Beach at least five days prior to the City Council meeting at which the proposed ordinance is to be adopted. A certified copy of the full text of the proposed ordinance shall be posted at City Hall. Within 15 days after adoption of the Ordinance, the summary with the names of those City Council members voting for and against the Ordinance shall be published again, and the City Clerk shall post a certified copy of the full text of such adopted Ordinance.

SECTION 5. Effective Date. This Ordinance shall become effective 60 days after adoption.

SECTION 6. Severability. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance, and, to that end, the provisions hereof are severable. The City Council declares that it would have adopted all the provisions of this Ordinance that remain valid if any provisions of this Ordinance are declared invalid.

INTRODUCED at a regular meeting of the City Council held on July 22, 2024, and PASSED, APPROVED, and ADOPTED by the City Council on August 26, 2024, on the following roll call vote to wit:

AYES: Council Members –
NOES: Council Members –
ABSENT: Council Members –
ABSTAIN: Council Members –
RECUSED: Council Members –

KAREN BRIGHT, MAYOR
Attest:

WENDI B. SIMS, CITY CLERK
Approved as to Form

ROB LOMELI, CITY ATTORNEY
**DRAFT**
RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH,

CALIFORNIA, APPROVING NEW DEVELOPMENT IMPACT FEES, EFFECTIVE ON OCTOBER 25, 2024
WHEREAS, the City of Grover Beach (the “City”) is duly authorized pursuant to the Mitigation Fee Act (the “Act”), commencing with California Government Code, § 66000 et seq., to impose development impact fees (DIF) for purposes of defraying all or a portion of the costs of public facilities related to new development occurring within the City; and, WHEREAS, the City established a DIF schedule (Ord. 95-10) that is charged to developers to mitigate the impacts of development upon public facilities; and WHEREAS, the City’s DIF schedule underwent a comprehensive update in 2005 (Resolution No. 06-11) and 2006 (Resolution No. 06-45); and, WHEREAS, the State now requires DIF schedules to complete a comprehensive review every eight years (Government Code § 66016(8)) to ensure fees remain relevant and appropriately aligned with current infrastructure needs and development impacts; and WHEREAS, the City initiated a comprehensive update, selecting Willdan Financial Services (Willdan) to prepare the City’s Development Impact Fee Nexus Study Update (Study); and,
WHEREAS, in compliance with the Act, the City Council (Council) on June 26, 2024, held a duly noticed public hearing on the proposed DIF, to hear all oral and written presentations from the public regarding the proposed DIF; and,
WHEREAS, on June 26, 2024, the Council adopted the Study (Resolution No. 24-34), and directed staff to prepare an Ordinance to amend the Grover Beach Municipal Code Article X (Revenue and Taxation), Chapter 13 (Development Impact Fees), and prepare and update the City’s Master Fee Schedule with the maximum justified fees for the City’s nine (9) DIF categories (Exhibit A) in two phases; and,
WHEREAS, on July 22, 2024, the Council at a regular meeting introduced, by title only, an Ordinance to amend the GBMC Article X, Chapter 13; and, WHEREAS, on August 26, 2024, the Council held a duly noticed public hearing, and in accordance with the calculations and recommendations in the Study, seeks to adopt a Resolution to update the City’s Master Fee Schedule; and,
NOW, THERFORE, BE IT RESOLVED that the City Council of the City of Grover Beach, California, does hereby find:

SECTION 1. The above recitals are true and correct and are incorporated here by this reference.

SECTION 2. The Council hereby determines that the fees collected pursuant to this Resolution shall be used to finance the public facilities described or identified in the Study or other such facility plans as may be proposed, modified, or amended from time to time by the Council.

Attachment 2
Resolution No. 24- Page 2
SECTION 3. The Council hereby approves and adopts the DIF as set forth in Exhibit “A” to this Resolution, attached hereto and incorporated herein by this reference. Exhibit “A” sets forth the aggregate amount imposed as a DIF for development projects and also sets forth the breakdown of each DIF by category type. The DIF set forth in Exhibit “A” are consistent with the Study, adopted on June 26, 2024. The Council approved a phased approach to increasing the DIFs. The amount of the DIF shall be modified in two phases, annually, until it reaches the maximum amount consistent with the Study, as follows:
(1) Effective October 25, 2024: All categories increased 50% (2) Effective July 1, 2025: All categories increased 50% (3) Effective July 1, 2026: All categories increased by CCCI.

The amount of the DIF shall be modified, after 2025, annually to account for inflation each July 1 based on the change in the Engineering News Record, California Construction Cost Index (CCCI).

Such inflationary increases shall not constitute an increase within the meaning of the Act and may be implemented each year without the requirement to obtain approval of the City Council.

SECTION 4. The DIF approved by this Resolution supersede previously adopted resolutions that set the amounts of DIF.

SECTION 5. The Council finds that this Resolution is exempt from the California Environmental Quality Act (“CEQA”) because this Resolution does not qualify as a “project” under CEQA and because this Resolution will not result in a direct or reasonably foreseeable indirect physical change in the environment (State CEQA Guidelines Section 15060, subd. (c)(2), (3).) Section 15378 of the State CEQA Guidelines defines a project as the whole of an action, which could potentially result in either a direct physical change, or reasonably foreseeable indirect physical change, in the environment. Here, this Resolution will not result in any construction or development, and it will not have any other effect that would physically change the environment.

This Resolution therefore does not qualify as a project subject to CEQA.

SECTION 6. Consistent with the Act, the DIF schedule as identified in attached Exhibit “A” adopted by this Resolution shall take effect on October 25, 2024, a period no sooner than 60 days following adoption of this Resolution by Council (Government Code Section 66017).

SECTION 7. The Council finds that the fees recommended in the Study are separate and different from other fees the City may impose through the implementation of a specific plan or as a condition of final map approval, building permit issuance or tentative or parcel map approval pursuant to its authority under the Subdivision Map Act, the Quimby Act, and the City's implementing resolutions and ordinances, as may be amended from time to time. In addition, this Resolution shall not be deemed to affect the imposition or collection of other fees the City is legally authorized to impose and collect.

SECTION 8. If any action, subsection, sentence, clause or phrase of this Resolution or the imposition of the DIF for any project described in the Study or the application thereof to any person or circumstance shall be held invalid or unconstitutional by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining portions of this Resolution or other DIF levied by this Resolution that can be given effect without the invalid provisions or application of the DIF.

Resolution No. 24- Page 3
On motion by Council Member _____, seconded by Council Member ____, and on the following roll-call vote, to wit:

AYES: Council Members –
NOES: Council Members –
ABSENT: Council Members –
ABSTAIN: Council Members –
RECUSED: Council Members –
the foregoing Resolution was PASSED, APPROVED, and ADOPTED at a regular meeting of the City Council of the City of Grover Beach, California this 26th day of August.

KAREN BRIGHT, MAYOR
Attest:

WENDI B. SIMS, CITY CLERK
**DRAFT**
RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH,

CALIFORNIA, ADOPTING THE DEVELOPMENT IMPACT FEE DEFERRAL PROGRAM GUIDELINES FOR QUALIFYING RESIDENTIAL PROJECTS.

WHEREAS, the City Council of the City of Grover Beach conducted a public hearing in the Council Chambers of City Hall, 154 South 8th Street, Grover Beach, California, on June 24, 2024, adopting the 2024 Development Impact Fee Nexus Study and directing staff to develop a Development Impact Fee deferral program for qualifying housing projects; and WHEREAS, the City Council of the City of Grover Beach conducted a public hearing in the Council Chambers of City Hall, 154 South 8th Street, Grover Beach, California, on July 22, 2024, to review and consider adoption of the Development Impact Fee Deferral Program Guidelines; and
WHEREAS, the City Council has duly considered all evidence, including consistency with the Mitigation Fee Act, interested parties, and evaluation and recommendations by staff, presented at said hearing; and
WHEREAS, notices of said public hearings were made at the time and in the manner required by law; and
NOW, THERFORE, BE IT RESOLVED that the City Council of the City of Grover Beach, California, does hereby adopt the Development Impact Fee Deferral Program Guidelines (Exhibit A):

SECTION 1. Environmental Review. This Resolution is exempt from the California Environmental Quality Act (“CEQA”) because this Resolution does not qualify as a “project” under CEQA and because this Resolution will not result in a direct or reasonably foreseeable indirect physical change in the environment (State CEQA Guidelines Section 15060, subd. (c)(2), (3).) Section 15378 of the State CEQA Guidelines defines a project as the whole of an action, which could potentially result in either a direct physical change, or reasonably foreseeable indirect physical change, in the environment. Here, this Resolution will not result in any construction or development, and it will not have any other effect that would physically change the environment.

This Resolution therefore does not qualify as a project subject to CEQA.

SECTION 2. The Development Impact Fee Deferral Program Guidelines as identified under Grover Beach Municipal Code Article X Chapter 13 Section 101305 (Development Impact Fee Deferrals), shall set forth the application process and review procedures for any request to defer certain development impact fees for the following qualifying projects that would otherwise be due and payable at the time of final occupancy certification:

1. Housing projects with 10 or fewer units that provide at least (1) of the total units to be sold or rented to lower or moderate-income households.

2. Housing projects with more than 10 units that provide at least 20 percent of the total units to be sold or rented to lower or moderate-income households.

3. Housing projects that are built, owned and managed by a government agency or a nonprofit housing organization.

Attachment 3
Resolution No. 24- Page 2

4. Affordable housing, Transitional housing, Supportive housing, Homeless Shelters and Low-Barrier Navigation Centers.

SECTION 3. Housing projects shall have the same meaning as defined in the Housing Accountability Act, Government Code Section 65589.5(h)(2).

SECTION 4. A Development Impact Fee Deferral Deed of Trust and Promissory Note shall be executed and recorded on the property. The Promissory Note shall describe the deferral as a loan on the property for a term of at least 17 years and shall account for an annual simple fixed interest rate of three percent, to be paid in full at the end of the term.

SECTION 5. Development Impact Fee Deferral Program Guidelines shall be consistent with requirements identified in Mitigation Fee Act, as amended from time to time.

SECTION 6. This Development Impact Fee Deferral Program Guidelines shall only be eligible for the following City-wide impact fees; Transportation Improvements, Law Enforcement Facilities, Administrative Facilities, Fire Protection Facilities, Park Facilities, and Recreation Facilities.

SECTION 7. The Development Impact Fee Deferral Program as identified in attached Exhibit “A” shall take effect no sooner than October 25, 2024, following adoption of this Resolution by Council.

On motion by Council Member _____, seconded by Council Member ____, and on the following roll-call vote, to wit:

AYES: Council Members –
NOES: Council Members –
ABSENT: Council Members –
ABSTAIN: Council Members –
RECUSED: Council Members –
the foregoing Resolution was PASSED, APPROVED, and ADOPTED at a regular meeting of the City Council of the City of Grover Beach, California this 26th day of August.

KAREN BRIGHT, MAYOR
Attest:

WENDI B. SIMS, CITY CLERK
**DRAFT**