Adult Motion Picture Arcade. Any business establishment or concern containing currency, coin or slug operated or manually or electronically controlled still, motion picture or video machines, projectors, or other image producing devices that are maintained to display images to an individual in individual viewing areas when those images are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. Adult Theatre. A business establishment or concern which, as a regular and substantial course of conduct, presents live entertainment, motion pictures, videos, slide photographs, or other pictures or visual reproductions which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
G-string. An article of clothing that opaquely covers the buttocks at least one inch on either side of the natal cleft and covers the entirety of the genitalia and pubis.
Individual Viewing Area. Any area used for viewing live performances, pictures, movies, videos or other presentations which has a potential maximum occupancy of ten persons or less as determined by the Building Official under the adopted Uniform Building Code.
Live Art Class. Any premises on which all of the following occur:
1. There is conducted a program of instruction involving the drawing, photographing, or sculpting of live models exposing specified anatomical areas;
2. Instruction is offered in a series of at least two classes;
3. The instruction is offered indoors;
4. An instructor is present in the classroom while any participants are present ; and
5. Preregistration is required at least 24 hours in advance of participation in the class.
Live Adult Entertainment. Any existent display by a human being which is characterized by an emphasis on specified anatomical areas or specified sexual activities.
City of Grover Beach Development Code – Public Draft Page | 124 Nude, Nudity, or State of Nudity. The showing of the human male or female genitals, pubic area, vulva, anus, or anal cleft with less than a fully opaque covering, the showing of the female breast with less than fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.
Pasties. An article of clothing that opaquely covers the nipple and areola of the female breast.
Performer. Any dancer, entertainer, model, or other person who performs specified sexual activities or displays specified anatomical areas in an adult business.
Religious Institution. A building which is used primarily for religious worship and related religious activities.
Residentially Zoned Properties. Properties in the R-1, R-2, R-3, C-P-R-1, C-R-1, C-R2, and C-R-3 zones (with or without planned development overlay).
School. An institution of learning for minors, whether public or private which is maintained pursuant to standards set by the State Board of Education and made applicable to the particular type of school (For example, it is recognized that curriculum standards that are applicable to public schools are not applicable to private schools.
Accordingly, a private school is not disqualified from being considered a “school” simply because it does not comply with curriculum standards applicable to public schools.) This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school, or any special institution of learning under the jurisdiction of the State Department of Education, but does not include a vocational or professional institution or an institution of higher education including a community or junior college, college, or university.
Sexually Oriented Material. Any element of any merchandise, including but not limited to any book, periodical, magazine, photograph, slides, drawing, sculpture, motion picture film, videos, DVDs, CD ROMs, compact disks, other types of photographic reproductions, or other written, oral, or visual representation or presentation which, for purposes of sexual arousal, provides depictions which are characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
Sexually Oriented Merchandise. Sexually oriented implements and paraphernalia, including, but not limited to: dildos, auto sucks, sexually oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery-operated vaginas, and similar sexually oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity.
Specified Anatomical Area.
1. Less than completely and opaquely covered human genitals, pubic region, buttocks, and female breast below a point immediately above the top of the areola; and
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
City of Grover Beach Development Code – Public Draft Page | 125 Specified Sexual Activities.
1. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of clothed or unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory function in the context of a sexual relationship, any of the following depicted sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerastia; or
2. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or
3. Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or
4. Fondling or touching of clothed or unclothed human genitals, pubic region, buttocks or female breast; or
5. Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or
6. Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being; or
7. Human excretion, urination, menstruation, vaginal or anal irrigation; or
8. The presence of any person who performs, or appears in attire where specified anatomical parts are either not opaquely covered or minimally covered with devices commonly referred to as pasties and g-strings or any other opaque covering over the nipple and areola of the female breast, and, while covering the cleft between the buttocks and pubic area, covers less than one inch on either side of the entire length of the cleft between the buttocks and two inches across the pubic area.
9.10.060 Short-Term Rental Definitions
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 (Short-Term 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.
City of Grover Beach Development Code – Public Draft Page | 126 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 the use and occupancy of a privately owned singleunit 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.
City of Grover Beach Development Code – Public Draft Page | 127 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 owner-occupied or non-owner occupied short-term rental.
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).
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 5
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.