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”.
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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; and the manufacturing of nails, spikes, and insulated wire and cable. Also includes merchant blast furnaces and by-product or beehive coke ovens.
7. Pulp and Pulp Product Manufacturing. An establishment that manufactures pulp, paper, or paperboard. Includes pulp, paper, and paperboard mills. Does not include establishments primarily engaged in converting paper or paperboard without manufacturing the paper or paperboard, including envelope manufacturing, converted paper products, paper coating and glazing, paper bags, assembly of paperboard boxes, wallpaper which are classified as “Manufacturing/Processing – Light”.
8. Scrap or Dismantling Yard. Outdoor establishments primarily engaged in assembling, breaking up, sorting, and the temporary storage and distribution of recyclable or reusable scrap and waste materials, including auto wreckers engaged in dismantling automobiles for scrap, and the incidental wholesale or retail sales of parts from those vehicles.
9. Textile and Leather Product Manufacturing. An establishment that converts basic fibers (natural or synthetic) into a product, including yarn or fabric, that can be further manufactured into usable items (“Manufacturing – Light – Clothing and Fabric Product Manufacturing”), and industries that transform hides into leather by tanning or curing. Includes: coating, waterproofing, or otherwise; treating fabric; manufacturing of woven fabric, carpets, and rugs from yarn; dressed and dyed furs preparation of fiber and subsequent manufacturing of yarn, threads, braids, twine City of Grover Beach Development Code – Public Draft Page | 118 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 versatile disks (DVDs), magnetic tape products, phonograph records, etc.; lighting and wiring equipment such as lamps and fixtures, wiring devices, vehicle lighting; surveying and drafting instruments; instruments for measurement, testing, analysis and control, associated sensors and accessories; switch gear and switchboards; miscellaneous electrical machinery, equipment and supplies such as x-ray apparatus and tubes, electromedical and electrotherapeutic apparatus, electrical equipment for internal combustion engines; telephone and telegraph apparatus; motors and generators; watches and clocks. Does not include research and development facilities separate from manufacturing (see "High Technology").
3. Furniture and Fixtures Manufacturing, Cabinet Shop. A business that manufactures wood and metal household furniture and appliances; bedsprings and mattresses; all types of office furniture, and partitions, shelving, lockers and store furniture; and miscellaneous drapery hardware, window blinds and shades. Includes furniture re-upholstering businesses, wood and cabinet shops.
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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 pickup. Does not include small scale photo processing machines accessory to other retail businesses.
8. Winemaking. A facility engaged in the large scale production of wine involving more than 500 cases annually. For production of less than 500 cases annually, see “Manufacturing – Artisan”.
Manufacturing/Processing - Medium. A facility accommodating manufacturing processes that involve and/or produce building materials, fabricated metal products, machinery, and/or transportation equipment, where the intensity and/or scale of operations is greater than those classified under "Manufacturing - Light," but where impacts on surrounding land uses or the community can typically be mitigated to acceptable levels. Examples of medium intensity manufacturing uses include the following.
1. Food and Beverage Product Manufacturing. Manufacturing establishments producing or processing foods and beverages for human consumption, and certain related products. Examples of these uses include: bottling plants; fats and oil product manufacturing (not animal rendering); breweries; fruit and vegetable canning; confectionery products; grain mill products and by-products; manufacturing; meat, poultry, and seafood canning, curing, byproduct processing; soft drink production; miscellaneous food item preparation from raw products; dairy products manufacturing. Does not include: bakeries or beer brewing as part of a brew pub, bar or restaurant.
2. Laundry, Dry Cleaning Plant. A service establishment engaged primarily in high volume laundry and garment services, including: carpet and upholstery cleaners; diaper services; dry cleaning and garment pressing; commercial laundries; linen supply. These facilities may include accessory customer pick-up facilities. These City of Grover Beach Development Code – Public Draft Page | 120 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 Section 3900 of the Grover Beach Municipal Code.
Massing. The overall configuration of a building in terms of its height, footprint, and articulation, as well as its creation of space around it on a lot.
Media Production. Facilities for motion picture, television, video, sound, computer, and other communications media production.
Medical Services – Clinic or Urgent Care. A facility other than a hospital where medical, mental health, surgical and other personal health services are provided on an outpatient basis. Examples of these uses include: medical offices with 5 or more licensed practitioners and/or medical specialists; out-patient care facilities; urgent care facilities; and other allied health services.
These facilities may also include incidental medical laboratories. Counseling services by other than medical doctors or psychiatrists are included under "Office”.
Medical Services – Doctor’s Office. A facility other than a hospital where medical, dental, mental health, surgical, and/or other personal health care services are provided on an outpatient basis. Includes dental, medical, optical, and x-ray lab offices.
Counseling services by other than medical doctors or psychiatrists are included under “Office-Professional”.
Medical Services - Extended Care. Residential facilities providing nursing and healthrelated care as a primary use with in-patient beds. Examples of these uses include: board and care homes; convalescent hospitals; congregate living health facilities; rest homes; and skilled nursing facilities. Long-term personal care facilities that do not emphasize medical treatment are included under "Residential Care" And “Residential Care for the Elderly”.
City of Grover Beach Development Code – Public Draft Page | 121 Meeting facility, public or private. A facility for public or private meetings, including religious assembly facilities (e.g., churches, mosques, synagogues, etc.), auditoriums, grange halls, union halls, and meeting halls for clubs and other membership organizations. Also includes functionally related internal facilities that are clearly incidental to the primary use such as kitchens, multi-purpose rooms, and storage.
Related on-site facilities such as day care centers and schools are separately defined.
Mixed-Use Project: A project that combines both residential and commercial uses on the same site. Does not include “Live/work Unit”, which is separately defined.
Mobile Home. A trailer, transportable in one or more sections, that is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, which is over eight feet in width and 40 feet in length, with or without a permanent foundation and not including recreational vehicle, commercial coach or factory-built housing. A mobile home on a permanent foundation is included under the definition of "Single Dwellings”.
Mobile Home Park. Any site that is planned and improved to accommodate two or more mobile homes used for residential purposes, or on which two or more mobile home lots are rented, leased, or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate mobile homes used for residential purposes.
Mobile Vendor. An entity that sells goods or food services from a stand that is intended to be temporary, or is capable of being moved to various locations.
Moderate Income Household. Moderate income household as defined by State Health and Safety Code Section 50093 as 120% of county median income.
Mortuary, Funeral Home. Funeral homes and parlors, where deceased are prepared for burial or cremation, and funeral services may be conducted. 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 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”.
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 City of Grover Beach Development Code – Public Draft Page | 122 Development Code but does not comply with the current standards of Section 3.50 (Parking Regulations), or other applicable requirements of this Development Code or City Standards and Specifications.
Nonconforming Structure. A structure that was legally constructed before the adoption or amendment of this Development Code, but does not comply with the current area, width, depth, or other applicable requirements of this Development Code.
Nonconforming Use. A use of land and/or a structure (either conforming or nonconforming) that was legally established and maintained before the adoption or amendment of this Development Code, but does not conform to the current Development Code requirements for allowable land uses within the applicable zone.
Off-Site. An activity or accessory use that is related to a specific primary use, but is not located on the same site as the primary use.
Office. This Development Code distinguishes between the following types of offices.
These do not include medical offices (see "Medical Service – Clinic/Urgent Care," and "Medical Service - Doctor Office.").
1. Accessory. An office facility for business administration, and/or on-site business and operations management, which is incidental and accessory to another business, sales, and/or service activity on the same site that is the primary use. These are permitted in all zones.
2. Business/Service. An establishment providing direct services to consumers.
Examples of this use include employment agencies, elected official satellite offices, insurance agent offices, property management, real estate offices, travel agencies, utility company offices, vehicle rental/sale offices with no vehicles on site, etc. Does not include "Financial Institutions," which are separately defined.
3. Processing. An office-type facility characterized by high employee density, and occupied by businesses engaged in information processing, and other computerdependent and/or telecommunications-based activities. Examples of these uses include: reservation centers, insurance claim processing, mail order and electronic commerce transaction processing, consumer credit reporting, data processing services, and telemarketing offices.
4. Professional. An office facility occupied by a business that provides professional services, administrative services, or is engaged in the production of intellectual property. Examples of this use include: accounting, auditing and bookkeeping services; advertising agencies; attorneys; business associations, chambers of commerce; construction contractors (office facilities only); counseling services (for medical doctors see “Medical Services- Doctor Offices”); design services including architecture, engineering, landscape architecture; educational, scientific and research organizations; financial management and investment counseling; management and public relations services; media post production services; photographers and photography studios; political campaign headquarters; psychologists; travel agencies; and, security and commodity brokers.
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5. Visitor-Serving. An establishment that rents beach related vehicles such as ATVs or dune buggies where the equipment is stored off-site or rents beach related equipment stored on-site such as surfboards and umbrellas.
On-Site. An activity or accessory use that is related to a specific primary use, which is located on the same site as the primary use.
Open Space, Useable. An outdoor area designed and intended to support residents' passive or active use and located on the same parcel as the dwelling units for which it is required. Usable open space shall not include any portion of parking areas, streets, driveways, sidewalks, turnaround areas, or door landings required by the California Building Code.
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.
Park, Playground. A public outdoor recreation facility that may provide a variety of recreational opportunities including community center, playground equipment, open space areas for passive recreation and picnicking, and sport facilities.
Parking Facility. Private parking lots when contiguous to a non-residential zone.
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:
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.
City of Grover Beach Development Code – Public Draft Page | 124 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.
Personal Services. Establishments providing non-medical services to individuals as a primary use. Examples of these uses include: barber and beauty shops; dressmaking and tailor shops; dry cleaning/laundry pick-up stores with limited equipment; laundromats (self-service laundries); locksmiths; pet grooming (no overnight boarding); computer and small electronic equipment repair; shoe repair shops; and tanning salons. These uses may also include accessory retail sales of products related to the services provided.
Personal Services - Restricted. Establishments providing non-medical services to individuals as a primary use. Examples of these uses include: bail bonds, check cashing services, drug paraphernalia business (as defined in Municipal Code Section 3220), hookah bars, fortune telling and related practices (reference Municipal Code Section 3600 for permit requirements), buying gold/precious metals as a primary use, pawn shops, and tattoo and/or piercing parlors.
Planning Commission. The City’s Planning Commission, referred to in this Development Code as the Commission.
Plant Nursery. A commercial establishment engaged solely in the retail sale of ornamental plants and related products. Does not include the wholesale and/or retail establishments for the production and propagation of ornamental plants.
Porch. A covered shelter attached to a building, open on the sides, that projects over the entrance of a building.
Prefabricated Materials. Building materials, generally consisted of a composite of materials, that are manufactured off site.
Primary Dwelling Unit. The designated primary residential unit on a residential zoned lot with an accessory or junior accessory dwelling unit.
Primary Structure. A structure that accommodates the primary use of the site.
Primary Use. The main purpose for which a site is developed and occupied.
Printing and Publishing. An establishment engaged in printing by letterpress, lithography, gravure, screen, offset, or electrostatic (xerographic) copying; and other establishments serving the printing trade such as bookbinding, typesetting, engraving, photoengraving and electrotyping. This use also includes establishments that publish newspapers, books and periodicals; establishments manufacturing business forms and binding devices. "Quick printing" services are included in the definition of "Business Support Services."
City of Grover Beach Development Code – Public Draft Page | 125 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 and Quasi-Public. Includes public, semi-public, and private schools; government, civic, and community buildings and uses; public utility buildings and uses; museums and libraries; and similar uses. Does not include “Specialized Education/Training”.
Public Realm. Any publicly owned streets, pathways, sidewalks, parks, publicly accessible open spaces, and any public and civic building and facilities, or combination of such facilities, to which the public has access.
Public Works Director. The City of Grover Beach Public Works Director or his/hersomeone designated to act on their designeebehalf. (Am. Ord. 13-04) 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.
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 City of Grover Beach Development Code – Public Draft Page | 126 determined by State law. These vending machines may accept aluminum cans, glass and plastic bottles, and other containers.
5. Small Collection Facility. A center where the public may donate, redeem or sell recyclable materials, which occupies an area of 350 square feet or less and may include a mobile unit or reverse vending machines, where allowed by the applicable zone.
Regressed Feature. Any component of a building facade that is inset into that façade, such as an inset window, doorway, or façade break.
Remodel or 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.
Repair Service – Large Equipment. A service facility where various types of electrical, electronic, and mechanical equipment, and home and business appliances are repaired and/or maintained away from the site of the equipment owner. Does not include "Vehicle Repair & Services", the repair of small electronic equipment, which is included under “Personnel Services”, maintenance and repair activities that occur on the client's site, which are included under "Maintenance Service - Client Site Services”, or repair services of small equipment, which are classified as “Repair Service – Small Equipment”.
Repair Service – Small Equipment. A service facility where various types of small home appliances and household items are repaired at the business location. Examples include: vacuum and sewing machine repair, home electronics repair, and lawnmower repair.
Resale Store. A retail store that buys, sells, trades, accepts for sale on consignment, or accepts for auction (e.g., eBay) used products including clothing, collectibles (e.g., coins, stamps, baseball cards), household goods, jewelry, machinery and equipment, musical instruments, or any goods that have a resale market. The products or goods include tangible personal property as defined by the U.S. Department of Justice or other used goods. Does not include “Thrift Stores” and pawn shops (see “Personal Services - Restricted”, which are defined separately).
Residential Care. A single-unit dwelling or multi-unit facility licensed or supervised by a Federal, State, or local health/welfare agency that provides 24-hour nonmedical care of unrelated persons who are handicapped and in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual in a family-like environment. This use includes transitional housing or supportive housing. Does not include day care facilities, which are separately defined.
Residential Care Facility for the Elderly (RCFE). A housing arrangement chosen voluntarily by the residents, or the residents' guardians, conservators or other responsible persons; where 75 percent of the residents are at least 62 years of age, or, if younger, 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).
City of Grover Beach Development Code – Public Draft Page | 127 RCFE projects may include basic services and community space. RCFE projects include assisted living facilities, congregate housing, independent living centers/senior apartments, and life care facilities as defined below.
1. Assisted Living Facility. A residential building or buildings that also provide housing, personal and health care, as permitted by the Department of Social Services, designed to respond to the daily, individual needs of the residents. Assisted Living Facilities may include kitchenettes (small refrigerator, sink and/or microwave oven) within individual rooms. Assisted Living Facilities are required to be licensed by the California Department of Social Services, and do not include skilled nursing services.
2. Independent Living Center/Senior Apartment. Independent living centers/senior apartments and multi-unit dwelling projects reserved for senior citizens, where common facilities may be provided (for example, recreation areas), but where each dwelling unit has individual living, sleeping, bathing, and kitchen facilities.
3. Life Care Facility. Sometimes called Continuing Care Retirement Communities, or Senior Continuum of Care Complex, these facilities provide a wide range of care and supervision, and also provide health care (skilled nursing) so that residents can receive medical care without leaving the facility. Residents can expect to remain, even if they become physically incapacitated later in life. Life Care Facilities require multiple licensing from the State Department of Social Services, the State Department of Health Services, and the State Department of Insurance.
Restaurant. A retail business where the primary activity is selling food prepared on site for on- or off-premise consumption. These include eating establishments where customers are served from a walkup counter and establishments where customers are served food at their tables. Examples include: cafes, coffee shops, donut shops, ice cream parlors, delicatessens, etc. The sale of alcoholic beverages is allowed as an accessory use when the restaurant is a bona fide eating place which maintains a suitable kitchen facility and shall make actual and substantial sales of meals prepared for consumption on the premises. However, if the sale of alcoholic beverages becomes the primary use and/or the kitchen facilities are not suitable and/or meals prepared for consumption on the premises are not substantial, the use shall be classified as a “Bar/Tavern/Night Club”.
Review Authority. The individual or official City body (Director, Planning Commission, or City Council) identified by this Development Code as having the responsibility and authority to review, and approve or disapprove the development 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”.Any usable area or City of Grover Beach Development Code – Public Draft Page | 128 portion of a structure thereof provided on the exterior of a building above the finished floor of that building.
Roof Pitch/Roof Slope Angle. The degree to which a roof or roof portion slopes down from the apex (peak) of the roof to the edge or eave line of that roof.
Second Hand Store. See “Resale Store”.
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. The setback area is as followsTypes 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-ofway / property line, with the building entrance at sidewalk grade. This type is conventional for retail use. It has substantial glazing on the sidewalk level and a canopy or awning element may overlap the sidewalk along portions or all of the frontage.
Single-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”.
Single Room Occupancy (SRO) Facility. A structure with one room residential rental units often with cooking facilities. May have private or shared bathroom facilities.
Site. A lot or adjoining lots under single ownership or single control, considered a unit for the purposes of development or other use.
Specialized Education/Training. A school that provides education and/or training, including vocational training, in limited subjects. Examples of these schools include:
establishments providing courses by mail, language school, business, secretarial, and vocational schools, computers and electronics schools, and religious/ ministry training facility.
City of Grover Beach Development Code – Public Draft Page | 129 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.
Step back. A break in the façade of a building that involves insetting a higher story from the story immediately below it.
Stoop. A platform, entrance stairway, or similar raised area directly adjacent to the front door of a building.
Storage - Outdoor. The storage of various materials outside of a structure either as an accessory or primary use.
Storage – Personal Storage Facility. A structure containing generally small, individual compartments, stalls or lockers rented as individual storage spaces and characterized by low parking demand.
Storage - Vehicle. A facility for the storage of operative cars and other fleet vehicles, trucks, buses, recreational vehicles, and other motor vehicles. Includes facilities for the storage and/or servicing of fleet vehicles. Does not include commercial parking lots, or “Scrap or Dismantling Yards" (See Manufacturing/Processing - Heavy).
Storage - Warehouse. Facilities for the indoor storage of furniture, household goods, or other commercial goods of any nature. Includes cold storage. Does not include:
warehouse, storage or mini-storage facilities offered for rent or lease to the general public ("Storage - Personal Storage Facility"); warehouse facilities primarily used for wholesaling and distribution (see "Wholesaling and Distribution"); or terminal facilities for handling freight (see "Freight Terminal").
Story.
1. The segment of a building between the following levels:
a. Upper surface of a floor.
b. Upper surface of the floor or roof directly above.
2. For floors other than the top floor, a story is measured in one of the following ways:
a. From top to top of successive tiers of beams.
b. From top to top of successive tiers of finished floor surfaces.
3. For the top floor, a story is measured as follows:
a. From top of finished floor to top of ceiling joints where there is a ceiling. b. From top of finished floor to top of roof rafters where there is no ceiling.
City of Grover Beach Development Code – Public Draft Page | 130 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 Bbuilding. 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 - Art, Dance, Martial Arts, etc. Small scale facilities typically accommodating a few groups of students at a time. Examples of these facilities include: individual and group instruction and training in the arts; production rehearsal; photography, and the processing of photographs produced only by users of the studio facilities; yoga studios; martial arts training studios; gymnastics instruction, and aerobics and gymnastics studios with no other fitness facilities or equipment. Also includes production studios for individual musicians, painters, sculptors, photographers, and other artists.
Studio Unit. A residential unit where living and sleeping space is combined in a single room.
Supportive Housing. See “Transitional Housing”.
Tandem parking. The arrangement of parking where no more than two cars are arranged in tandem, one in front of the other.
Telecommunications Facilities. Public, commercial and private electromagnetic and photoelectrical transmission, broadcast, repeater and receiving stations for radio, television, telegraph, telephone, data network, and wireless communications, including commercial earth stations for satellite-based communications. Includes antennas, commercial satellite dish antennas, and equipment buildings. Does not include telephone, telegraph and cable television transmission facilities utilizing hard-wired or direct cable connections.
Temporary Use Permit. A discretionary permit issued by the Director, which allows the use of land that is properly designed, operated and occupies a site for a limited time. See Section 6.20.080 (Temporary Use Permit).
Thrift Store. A retail store devoted primarily to the sale of used goods normally consisting of household discards. Also see “Resale Stores”.
Tiny Home. A type of dwelling unit that is moveable and considered temporary housing.
Does not include an RV, camper. trailer, or manufactured home as defined in Section 1801 o of the California Health and Safety Code.
Transitional and Supportive Housing. Transitional housing is defined in Section 50675.2 of the Health and Safety Code as rental housing for stays of at least six months but where the units are recirculated to another program recipient after a set period.
Transitional housing may be designed for homeless individuals or family transitioning to permanent housing. Supportive housing is defined in Section 50675.14 of the Health and City of Grover Beach Development Code – Public Draft Page | 131 Safety Code and has no limit on the length of stay, is linked to onsite or offsite services, and is occupied by a target population as defined in the Health and Safety Code.
Two-unit housing development. A development application proposing no more than two dwelling units on a single parcel located within a single-unit residential zone as authorized by Government Code Section 65852.21. A two-unit housing development shall consist of either the construction of no more than two new primary dwelling units, one new primary dwelling unit and retention of one existing primary dwelling unit, or retention of two existing legal non-conforming primary dwelling units where one or both units are subject to a proposed addition or alteration.
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/Roof Deck. 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).
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.
Vehicle Rental. A retail establishment renting automobiles, light trucks, boats, campers, and/or motorcycles where vehicles are kept on site.
Vehicle Repair and Services. The repair, servicing, alteration, restoration, towing, painting, cleaning, or finishing of automobiles, trucks, recreational vehicles, boats and other vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use.
Vehicle Sales. A retail or wholesale establishment selling automobiles, light trucks, boats, campers, and/or motorcycles. Vehicles for sale may be displayed outdoors or indoors. May also include repair shops and the sales of parts and accessories, incidental to vehicle sales. Does not include the sale of auto parts/accessories separate from a vehicle dealership.
Vehicle Storage. See “Storage – Vehicle”.
Very Low Income Household. Very low income household as defined by State Health and Safety Code Section 50105 as 50% of county median income.
Warehouse. See "Storage - Warehouse”.
Wholesaling and Distribution. An establishment engaged in selling and/or renting merchandise to retailers; to contractors, industrial, commercial, institutional, farm, or City of Grover Beach Development Code – Public Draft Page | 132 professional business users; to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Examples of these establishments include: agents, merchandise or commodity brokers, and commission merchants, merchant wholesalers, assemblers, buyers and associations engaged in the cooperative marketing of farm products, stores primarily selling electrical, plumbing, heating and air conditioning supplies and equipment. Also includes storage, processing, packaging, and shipping facilities for mail order and electronic-commerce retail establishments.
Wine Tasting. A retail sales facility where customers may taste and purchase wine and/or other food products
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.
9.10.030 Land Use Definitions
Accessory or Incidental Use. A use customarily incidental to, related and clearly subordinate to a primary use on the same lot, which does not alter the primary use nor serve property other than the lot where the primary use is located.
Accessory Dwelling Unit or (ADU). An attached or detached dwelling unit which provides complete independent living facilities for one or more persons and provides permanent provisions for living. sleeping, eating. cooking, and sanitation on the same parcel as the primary unit (may be provided within a manufactured home or an efficient 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”, “Junior Accessory Dwelling Units”, or “Tiny Home on Wheels”, which are separately defined.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 Facilityies” 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”.
City of Grover Beach Development Code – Public Draft Page | 133 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.
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 and Landscape Materials Sales. A retail establishment selling hardware, tools, appliances, lumber and other building materials, plants and other landscaping materials. Includes paint, wallpaper, flooring, glass, fixtures, and similar products.
Includes these types of stores selling to the general public, even if contractor sales account for a major proportion of total sales. 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.
City of Grover Beach Development Code – Public Draft Page | 134 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 nonresidential building. Includes infant centers, preschools, sick-child centers, child nurseries and school-age day care facilities. These may be operated in conjunction with a school or church facility, or as an independent land use. May be counted towards satisfying the commercial component of a mixed-use development.
2. Large Family Day Care Home. A day care facility located in a 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 Rrecreation Ffacilityies, 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).
City of Grover Beach Development Code – Public Draft Page | 135 Commercial Rrecreation Ffacilityies, 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. As defined in Government Code Section 65582(d), hHousing with minimal supportive services for homeless persons that is limited to occupancy of six months180 days per calendar year or less by a homeless person, and open to anyone irrespective. No individual or household may be denied emergency shelter services because of his/heran inability to pay for services (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”.
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 City of Grover Beach Development Code – Public Draft Page | 136 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 (or JADU). A type of accessory dwelling unit defined by Government Code Section 65852.2266313 as a unit that is contained entirely within the area of a single-unit dwelling. It shall include an efficiency kitchen and may include a bathroom facility or share bathroom facilities within the single-unit dwelling. JADUs are subject to different requirements than ADUs. Does not include "Tiny Home", which is separately defined.
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 Hhousing Ffirst, low barrier, service-enriched shelter focused on movinghelping homeless individuals and families to quickly obtain people into permanent housing. Low barrier includes best practices to reduce barriers to entry, such as allowing partners, pets, storage of personal items, and privacy that provides temporary living facilities and case managers who connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. See Government Code Section 65660.
Maintenance Service – Client Site Services. Base facilities for various businesses that provide services on the premises of their clients. Includes gardening, janitorial, pest City of Grover Beach Development Code – Public Draft Page | 137 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 City of Grover Beach Development Code – Public Draft Page | 138 and soles, flooring, and other rubber products from natural, synthetic, or reclaimed rubber. Also includes establishments engaged primarily in manufacturing tires; products from recycled or reclaimed plastics or Styrofoam; molding primary plastics for other manufacturers, manufacturing miscellaneous finished plastics products, fiberglass manufacturing, and fiberglass application services.
6. Primary Metal Industries. An establishment engaged in: the smelting and refining of ferrous and nonferrous metals from ore, pig, or scrap; the rolling, drawing, and alloying of metals; the manufacture of castings, forgings, stampings, extrusions, and other basic metal products; and the manufacturing of nails, spikes, and insulated wire and cable. Also includes merchant blast furnaces and by-product or beehive coke ovens.
7. Pulp and Pulp Product Manufacturing. An establishment that manufactures pulp, paper, or paperboard. Includes pulp, paper, and paperboard mills. Does not include establishments primarily engaged in converting paper or paperboard without manufacturing the paper or paperboard, including envelope manufacturing, converted paper products, paper coating and glazing, paper bags, assembly of paperboard boxes, wallpaper which are classified as “Manufacturing/Processing, – Light”.
8. Scrap or Dismantling Yard. Outdoor establishments primarily engaged in assembling, breaking up, sorting, and the temporary storage and distribution of recyclable or reusable scrap and waste materials, including auto wreckers engaged in dismantling automobiles for scrap, and the incidental wholesale or retail sales of parts from those vehicles.
9. Textile and Leather Product Manufacturing. An establishment that converts basic fibers (natural or synthetic) into a product, including yarn or fabric, that can be further manufactured into usable items (“Manufacturing/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.
City of Grover Beach Development Code – Public Draft Page | 139
1. Clothing and Fabric Product Manufacturing. An establishment that assembles clothing, draperies, and/or other products by cutting and sewing purchased textile fabrics, and related materials including leather, rubberized fabrics, plastics and furs.
Does not include custom tailors and dressmakers not operating as a factory and not located on the site of a clothing store (see "Personal Services"). See also, "Manufacturing/Processing, Heavy - Textile and Leather Product Manufacturing”.
2. Electronics, Equipment, and Appliance Manufacturing. An establishment that manufactures equipment, apparatus, and/or supplies for the generation, storage, transmission, transformation and use of electrical energy, including: appliances including stoves/ovens, refrigerators, freezers, laundry equipment, fans, vacuum cleaners, sewing machines; optical instruments and lenses; aviation instruments; photographic equipment; computers, computer components, peripherals; radio and television receiving equipment; electronic components and accessories; surgical, medical and dental instruments, equipment, and supplies; semiconductors, integrated circuits, related devices; storage media, blank and pre-recorded, including magnetic, magneto-optical, and optical products such as compact disks (CDs), computer electrical welding apparatus diskettes and hard drives, digital versatile disks (DVDs), magnetic tape products, phonograph records, etc.; lighting and wiring equipment such as lamps and fixtures, wiring devices, vehicle lighting; surveying and drafting instruments; instruments for measurement, testing, analysis and control, associated sensors and accessories; switch gear and switchboards; miscellaneous electrical machinery, equipment and supplies such as x-ray apparatus and tubes, electromedical and electrotherapeutic apparatus, electrical equipment for internal combustion engines; telephone and telegraph apparatus; motors and generators; watches and clocks. Does not include research and development facilities separate from manufacturing (see "High Technology 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, City of Grover Beach Development Code – Public Draft Page | 140 paper, or paperboard (see " Manufacturing/Processing, Heavy - Pulp and Pulp Product Manufacturing").
7. Photo/Film Processing Lab. A facility that provides high volume and/or custom processing services for photographic negative film, transparencies, and/or prints, where the processed products are delivered to off-site retail outlets for customer pickup. Does not include small scale photo processing machines accessory to other retail businesses.
8. Beverage Product Manufacturing – Light. Limited manufacturing establishments producing or processing beverages for human consumption, and certain related products. Examples of these uses include
a. 8. Winemaking. A facility engaged in the large scale production of wine involving more than 500 cases annually. For production of less than 500 cases annually, see “Manufacturing, – Artisan”.
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.
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); breweries; fruit and vegetable canning; confectionery products; grain mill products and by-products; manufacturing; meat, poultry, and seafood canning, curing, byproduct processing; soft drink production; miscellaneous food item preparation from raw products; dairy products manufacturing. Does not include: bakeries which are defined under “General Retail” or “Restaurants”. or beer brewing as part of a brew pub, bar or restaurant.
2. Laundry, Dry Cleaning Plant. A service establishment engaged primarily in high volume laundry and garment services, including: carpet and upholstery cleaners; diaper services; dry cleaning and garment pressing; commercial laundries; linen supply. These facilities may include accessory customer pick-up facilities. These facilities do not include laundromats or dry cleaning/laundry pick-up stores with limited processing equipment, which are instead under "Personal Services”.
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").
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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)Section 3900 of the Grover Beach Municipal Code.
Media Production. Facilities for motion picture, television, video, sound, computer, and other communications media production.
Medical Services – Clinic or Urgent Care. A facility other than a hospital where medical, mental health, surgical and other personal health services are provided on an outpatient basis. Examples of these uses include: medical offices with 5 or more licensed practitioners and/or medical specialists; out-patient care facilities; urgent care facilities; and other allied health services.
These facilities may also include incidental medical laboratories. Counseling services by other than medical doctors or psychiatrists are included under "Office”.
Medical Services – Doctor’s Office. A facility other than a hospital where medical, dental, mental health, surgical, and/or other personal health care services are provided on an outpatient basis. Includes dental, medical, optical, and x-ray lab offices.
Counseling services by other than medical doctors or psychiatrists are included under “Office-Professional”.
Medical Services -– Extended Care. Residential facilities providing nursing and healthrelated care as a primary use with in-patient beds. Examples of these uses include: board and care homes; convalescent hospitals; congregate living health facilities; rest homes; and skilled nursing facilities. Long-term personal care facilities that do not emphasize medical treatment are included under "Residential Care" aAnd “Residential Care Facility for the Elderly (RCFE)”.
Meeting Ffacility, (public or private). A facility for public or private meetings, including religious assembly facilities (e.g., churches, mosques, synagogues, etc.), auditoriums, grange halls, union halls, and meeting halls for clubs and other membership organizations. Also includes functionally related internal facilities that are clearly incidental to the primary use such as kitchens, multi-purpose rooms, and storage.
Related on-site facilities such as day care centers and schools are separately defined.
Mixed-Use Project.: A project that combines both residential and commercial uses on the same site. Does not include “Live/Wwork Unit”, which is separately defined.
City of Grover Beach Development Code – Public Draft Page | 142 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 zones.
2. Business/Service. An establishment providing direct services to consumers.
Examples of this use include employment agencies, elected official satellite offices, insurance agent offices, property management, real estate offices, travel agencies, utility company offices, vehicle rental/sale offices with no vehicles on site, etc. Does not include "Financial Institutions," which are separately defined.
3. Processing. An office-type facility characterized by high employee density, and occupied by businesses engaged in information processing, and other computerdependent and/or telecommunications-based activities. Examples of these uses include: reservation centers, insurance claim processing, mail order and electronic commerce transaction processing, consumer credit reporting, data processing services, and telemarketing offices.
4. Professional. An office facility occupied by a business that provides professional services, administrative services, or is engaged in the production of intellectual property. Examples of this use include: accounting, auditing and bookkeeping services; advertising agencies; attorneys; business associations, chambers of commerce; construction contractors (office facilities only); counseling services (for City of Grover Beach Development Code – Public Draft Page | 143 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 on-site 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.
City of Grover Beach Development Code – Public Draft Page | 144 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; public utility 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.
City of Grover Beach Development Code – Public Draft Page | 145
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.
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. (Ssee “Personal Services - Restricted”, which are defined separately).
Residential Care. A single-unit dwelling or multi-unit facility licensed or supervised by a Federal, State, or local health/welfare agency that provides 24-hour nonmedical care of unrelated persons who are handicapped and in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual in a family-like environment. This use includes transitional housing or supportive housing. Does not include day care facilities, which are separately defined.
Residential Care Facility for the Elderly (RCFE). A housing arrangement chosen voluntarily by the residents, or the residents' guardians, conservators or other responsible persons; where 75 percent of the residents are at least 62 years of age, or, if younger, 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.
City of Grover Beach Development Code – Public Draft Page | 146
1. Assisted Living Facility. A residential building or buildings that also provide housing, personal and health care, as permitted by the Department of Social Services, designed to respond to the daily, individual needs of the residents. Assisted Living Facilities may include kitchenettes (small refrigerator, sink and/or microwave oven) within individual rooms. Assisted Living Facilities are required to be licensed by the California Department of Social Services, and do not include skilled nursing services.
2. Independent Living Center/Senior Apartment. Independent living centers/senior apartments and multi-unit dwelling projects reserved for senior citizens, where common facilities may be provided (for example, recreation areas), but where each dwelling unit has individual living, sleeping, bathing, and kitchen facilities.
3. Life Care Facility. Sometimes called Continuing Care Retirement Communities, or Senior Continuum of Care Complex, these facilities provide a wide range of care and supervision, and also provide health care (skilled nursing) so that residents can receive medical care without leaving the facility. Residents can expect to remain, even if they become physically incapacitated later in life. Life Care Facilities require multiple licensing from the State Department of Social Services, the State Department of Health Services, and the State Department of Insurance.
Restaurant. A retail business where the primary activity is selling food prepared on site for on- or off-premise consumption. These include eating establishments where customers are served from a walkup counter and establishments where customers are served food at their tables. Examples include: cafes, coffee shops, donut shops, ice cream parlors, delicatessens, etc. The sale of alcoholic beverages is allowed as an accessory use when the restaurant is a bona fide eating place which maintains a suitable kitchen facility and shall make actual and substantial sales of meals prepared for consumption on the premises. However, if the sale of alcoholic beverages becomes the primary use and/or the kitchen facilities are not suitable and/or meals prepared for consumption on the premises are not substantial, the use shall be classified as a “Bar/Tavern/Night Club”.
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”.
City of Grover Beach Development Code – Public Draft Page | 147 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” or “Junior 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.
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, etc. Small scale facilities typically accommodating a few groups of students at a time. Examples of these facilities include: individual and group instruction and training in the arts; production rehearsal; photography, and the processing of photographs produced only by users of the studio facilities; yoga studios; martial arts training studios; gymnastics instruction, and aerobics and gymnastics studios with no other fitness facilities or equipment. Also includes production studios for individual musicians, painters, sculptors, photographers, and other artists.
Supportive Housing. See “Transitional and Supportive Housing”.
City of Grover Beach Development Code – Public Draft Page | 148 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.
Two-unit housingUrban developmentDwelling Units. See Section 4.25.060 (Urban Dwelling Units). Projects that consist of A development application proposing no more than two dwelling units on a single parcel located within a single-unit residential zone as authorized bysubject to Government Code Section 65852.21. An Urban Dwelling Unit project two-unit housing development shall consist of either the construction of no more than two new primary dwelling units, one new primary dwelling unit and retention of one existing primary dwelling unit, or retention of two existing legal non-conforming primary dwelling units where one or both units are subject to a proposed addition or alteration.
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”.
City of Grover Beach Development Code – Public Draft Page | 149 Wholesaling and Distribution. An establishment engaged in selling and/or renting merchandise to retailers; to contractors, industrial, commercial, institutional, farm, or professional business users; to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Examples of these establishments include: agents, merchandise or commodity brokers, and commission merchants, merchant wholesalers, assemblers, buyers and associations engaged in the cooperative marketing of farm products, stores primarily selling electrical, plumbing, heating and air conditioning supplies and equipment. Also includes storage, processing, packaging, and shipping facilities for mail order and electronic-commerce retail establishments.
Wine Tasting. A retail sales facility where customers may taste and purchase wine and/or other food products.
9.10.030 9.10.040 Coastal Act Definitions
Definitions of the terms used in the Coastal Act, which can be found in Section 30100 et.
Seq. of the Public Resources Code of the State of California and apply to properties within the Coastal Zone, have been reprinted and are set forth as follows:
Administrative Coastal Development Permit. See “Coastal Development Permit”.
Aggrieved Person. Any person who, in person or through a representative, appeared at a public hearing of the City in connection with the decision or action appealed, or who, by other appropriate means prior to a hearing, informed the City of the nature of his concerns or who for good cause was unable to do either.
Allowable Use. Any use allowed by right which does not require a public hearing or any discretionary or non-discretionary permit of the approving authority.
Appealable Development/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) 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.
City of Grover Beach Development Code – Public Draft Page | 150 Appellant. Any person who may file an appeal and includes an applicant or any aggrieved person.
Applicant. The person, partnership, corporation, state or local government agency applying for a Coastal Development Permit.
Approving Authority. The City Officer, Planning Commission or Council approving a Coastal Development Permit.
Categorically Excluded Development. A development (upon request of the city, public agency, or other person) by which the Coastal Commission has determined pursuant to Section 30610 (e) of the Public Resources Code to have no potential for significant adverse environmental effects and, therefore, has issued an exclusion in accordance with the applicable restrictions.
Coastal Act. The California Coastal Act of 1976, California Public Resources Code Sections 33000 et seq., as amended.
Coastal Commission. "Commission" means tThe California Coastal Commission.
Whenever the term California Coastal Zone Conservation Commission appears in any law, it means the California Coastal Commission.
Coastal-Dependent Development or Use: Any development or use which requires a site on, or adjacent to, the sea to be able to function at all.
Coastal Development Permit. A 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)A letter or certificate issued; by the City in accordance with the provisions of this chapter, after the applicant has submitted all necessary supplementary documentation required to satisfy the conditions precedent in the notice to issue a Coastal Development Permit.
Coastal Plan. The California Coastal Zone Conservation Plan prepared and adopted by the California Coastal Zone Conservation Commission and submitted to the Governor and the Legislature on December 1, 1975, pursuant to the California Coastal Zone Conservation Act of 1972 (commencing with Section 27000). Pursuant to Public Resources Code Section 30103, “Coastal Zone” means that land and water area of the State of California form the Oregon border to the border of the Republic of Mexico, specified in the maps identified and set forth in Section 17 of that chapter of the Statutes of the 1975-76 Regular Session enacting this division, extending seaward to the state’s outer limit of jurisdiction, including offshore islands, and extending inland generally 1,000 yards, form the mean high tide line of the sea. In significant coastal estuarine, habitat, and recreational areas it extends inland to the first major ridgeline paralleling the sea or five miles from the mean high tide line of the sea, whichever is less, and in developed urban areas the zone generally extends inland less than 1,000 yards. The Coastal Zone does not include the area of jurisdiction of the San Francisco Bay Conservation and Development Commission, established pursuant to Title 7.2 (commencing with Section 66600) of the Government Code, nor any area contiguous thereto, including any river, stream, tributary, creek, or flood control drainage channel flowing into such area.
City of Grover Beach Development Code – Public Draft Page | 151 Coastal-Related Development. Any use that is dependent on a coastal-dependent development or use.
Coastal Resources. Include, but are not limited to, public access and public access facilities and opportunities, recreation areas and recreational facilities and opportunities (including for recreational water-oriented activities), public views, natural landforms, marine resources, watercourses (e.g., rivers, streams, creeks, etc.) and their related corridors, waterbodies (e.g. wetlands, estuaries, lakes, etc.) and their related uplands, ground water resources, biological resources, environmentally sensitive habitat areas, agricultural lands, and archaeological or paleontological resources. (Am. Ord. 14-04)
Conditional Use. Any use which requires a public hearing.
Development. On land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act of 1973 (commencing with Section 4511). As used in this section, “structure” includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line
Emergency. A sudden unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services.
Energy Facility. Any public or private processing, producing, generating, storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal, or other source of energy.
Environmentally Sensitive Habitat Area (ESHA). Any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments. (Am. Ord. 14-04)
Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.
Fill. Earth or any other substance or material, including pilings placed for the purposes of erecting structures thereon, placed in a submerged area.
City of Grover Beach Development Code – Public Draft Page | 152 Implementing Actions. The ordinances, regulations, or programs which implement either the provisions of the certified Local Coastal Program or the policies of this division and which are submitted pursuant to Section 30502.
Land Use Plan. The relevant portion of a local government's general plan, or local coastal element which is sufficiently detailed to indicate the kinds, location, and intensity of land uses, the applicable resources protection and development policies and, where necessary, a listing of implementing actions.
Local Coastal Element. That portion of a general plan applicable to the coastal zone which may be prepared by local government pursuant to this division, or such additional elements of the local government's general plan prepared pursuant to subdivision (k) of Section 65303 of the Government Code, as such local government deems appropriate.
Local Coastal Program. The City's land use plan, zoning ordinances, zoning maps, and other implementing actions certified by the Coastal Commission as meeting the requirements of the California Coastal Act of 1976.
Local Government. Any chartered or general law city, chartered or general law county, or any city and county.
Minor Development. A development which a local government determines satisfies all of the following requirements:
4. Is consistent with the certified local coastal program, as defined in Public Resources Code Section 30108.6.
5. Requires no discretionary approvals other than a Coastal Development Permit.
6. Has no adverse effect either individually or cumulatively on coastal resources or public access to the shoreline or along the coast.
Notice to Issue Coastal Development Permit. A letter or certificate issued by the City in accordance with the provisions of this Chapter, approving a development subject to fulfillment of conditions prior to issuance of a Coastal Development Permit, but if such conditions are fulfilled, as being in conformance with an adequate to carry out the Local Coastal Program
Permit. Any license, certificate, approval, or other entitlement for use granted or denied by any public agency which is subject to the provisions of this division.
Permitted Use. Any use allowed by right which does not require a public hearing, but does require a discretionary or non-discretionary permit (e.g. building permit) to be issued by the approving authority.
Person. Any individual, organization, partnership, or other business association or corporation including any utility, and any federal, state, local government, or special district or any agency thereof.
Prime Agricultural Land. Those lands defined in Section 51201 of the Government Code.
Public Works. All production, storage, transmission, and recovery facilities for water, sewerage, telephone, and other similar utilities owned or operated by any public agency City of Grover Beach Development Code – Public Draft Page | 153 or by any utility subject to the jurisdiction of the Public Utilities Commission, except for energy facilities. All public transportation facilities, including streets, roads, highways, public parking lots and structures, ports, harbors, airports, railroads, and mass transit facilities and stations, bridges, trolley wires, and other related facilities. For purposes of this division, neither the Ports of Hueneme, Long Beach, Los Angeles, nor San Diego Unified Port District nor any of the developments within these ports, shall be considered public works. All publicly financed recreational facilities, or projects of the State Coastal Conservancy, and any development by a special district. All community college facilities.
Sea. The Pacific Ocean and all harbors, bays, channels, estuaries, salt marshes, sloughs, and other areas subject to tidal action through any connection with the Pacific Ocean, excluding non-estuarine rivers, streams, tributaries, creeks, and flood control and drainage channels. "Sea" does not include the area of jurisdiction of the San Francisco Bay Conservation and Development Commission, established pursuant to Title 7.2 (commencing with Section 666000) of the Government Code, including any river, stream, tributary, creek, or flood control or drainage channel flowing directly or indirectly into such area.
Sensitive Coastal Resource Areas. Those identifiable and geographically bounded land and water areas within the coastal zone of vital interest and sensitivity. "Sensitive coastal resource areas" include the following:
1. Special marine and land habitat areas, wetlands, lagoons, and estuaries as mapped and designated in Part 4 of the coastal plan.
2. Areas possessing significant recreational value.
3. Highly scenic areas.
4. Archaeological sites referenced in the California Coastline and Recreation Plan or as designated by the State Historic Preservation Officer.
5. Special communities or neighborhoods which are significant visitor destination areas.
6. Areas that provide existing coastal housing or recreational opportunities for low- and moderate-income persons.
7. Areas where divisions of land could substantially impair or restrict coastal access.
Special District. Any public agency, other than a local government as defined in this chapter, formed pursuant to general law or special act for the local performance of governmental or proprietary functions within limited boundaries. “Special District” includes, but is not limited to, a county service area, a maintenance district area, an improvement district or improvement zone, or any other zone or area, formed for the purpose of designating an area within which a property tax rate will be levied to pay for a service or improvement benefitting that area.
Special Treatment Area. An identifiable and geographically bounded forested area within the coastal zone that constitute a significant habitat area, area of special scenic significance, and any land where logging activities could adversely affect a public recreation area or the biological productivity or any wetland, estuary, or stream especially valuable because of its role in a coastal ecosystem.
City of Grover Beach Development Code – Public Draft Page | 154 Treatment Works. Treatment works shall have the same meaning as set forth in the Federal Water Pollution Control Act (33 U.S.C. 1251, et. seq.) and any other federal act which amends or supplements the Federal Water Pollution Control Act.
Wetland. Lands within the coastal zone which may be covered periodically or permanently with shallow water and include saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps, mudflats, and fens.
Zoning Ordinance. An ordinance authorized by Section 65850 of the Government Code or, in the case of a charter city, a similar ordinance enacted pursuant to the authority of its charter.
9.10.040 9.10.050 Adult Business Definitions
Definitions of terms related to Adult Businesses in Section 4.20:
Adult. A person 18 years of age and older.
Adult Bookstore. Any establishment, which as a regular and substantial course of conduct, displays and/or distributes adult merchandise, books, periodicals, magazines, photographs, drawings, sculptures, motion pictures, videos, DVDs, CD ROMs, slides, films, or other written, oral or visual representations which are distinguished or characterized by an emphasis on a matter depicting, describing or relating to specified sexual activities or specified anatomical areas. (See “Adult Business” for definition of regular and substantial portion of its business.)
Adult Cabaret. A nightclub, bar, lounge, restaurant or similar establishment or concern which features as a regular and substantial course of conduct, any type of live entertainment, films, motion pictures, videos, slides, other photographic reproductions, or other oral, written, or visual representations which are characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
Adult Entertainment Business. Any business establishment or concern which as a regular and substantial course of conduct performs as an adult bookstore, adult theater, adult motion picture arcade, adult cabaret, stripper, adult model studio or adult hotel/motel (but not clothing optional hotel/motel); any business establishment or concern which as a regular and substantial course of conduct sells or distributes sexually oriented merchandise or sexually oriented material; or any other business establishment or concern which as a regular and substantial course of conduct offers to its patrons products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical parts. “Adult Entertainment Business” shall also include any business establishment or concern which, as a regular and substantial course of conduct provides or allows performers, models, actors, actresses, or employees to appear in any place in attire that does not opaquely cover specified anatomical areas. “Adult Entertainment Business” does not include those uses or activities, the regulation of which is preempted by state law.
City of Grover Beach Development Code – Public Draft Page | 155 Adult Hotel or Motel. A hotel or motel which, as a regular and substantial course of conduct provides to its patrons, through the provision of rooms equipped with closedcircuit television or other medium, material which is distinguished or characterized by the emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas and/or which rents, leases, or lets any room for less than a 12-hour period and/or rents, leases or lets any room more than once in a 24-hour period and/or which advertises the availability of any of the above. (Ord. 04-02) Adult Model Studio. Any premises where there is furnished, provided or procured a figure model or models who pose in any manner which is characterized by its emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas where such model(s) is being observed or viewed by any person for the purpose of being sketched, painted, drawn, sculptured, photographed, filmed, or videotaped for a fee, or any other thing of value, as a consideration, compensation, or gratuity for the right or opportunity to so observe the model or remain on the premises. “Adult Model Studio” shall not include any live art class or any studio or classroom which is operated by any public agency, or any private educational institution authorized to issue and confer a diploma or degree under Section 94300 et seq. of the Education Code of the State of California.
Adult Motion Picture Arcade. Any business establishment or concern containing currency, coin or slug operated or manually or electronically controlled still, motion picture or video machines, projectors, or other image producing devices that are maintained to display images to an individual in individual viewing areas when those images are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. Adult Theatre. A business establishment or concern which, as a regular and substantial course of conduct, presents live entertainment, motion pictures, videos, slide photographs, or other pictures or visual reproductions which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
G-string. An article of clothing that opaquely covers the buttocks at least one inch on either side of the natal cleft and covers the entirety of the genitalia and pubis.
Individual Viewing Area. Any area used for viewing live performances, pictures, movies, videos or other presentations which has a potential maximum occupancy of ten persons or less as determined by the Building Official under the adopted Uniform Building Code.
Live Art Class. Any premises on which all of the following occur:
1. There is conducted a program of instruction involving the drawing, photographing, or sculpting of live models exposing specified anatomical areas;
2. Instruction is offered in a series of at least two classes;
3. The instruction is offered indoors;
4. An instructor is present in the classroom while any participants are present ; and
5. Preregistration is required at least 24 hours in advance of participation in the class.
City of Grover Beach Development Code – Public Draft Page | 156 Live Adult Entertainment. Any existent display by a human being which is characterized by an emphasis on specified anatomical areas or specified sexual activities.
Nude, Nudity, or State of Nudity. The showing of the human male or female genitals, pubic area, vulva, anus, or anal cleft with less than a fully opaque covering, the showing of the female breast with less than fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.
Pasties. An article of clothing that opaquely covers the nipple and areola of the female breast.
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 City of Grover Beach Development Code – Public Draft Page | 157
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
Specified Sexual Activities.
1. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of clothed or unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory function in the context of a sexual relationship, any of the following depicted sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerastia; or
2. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or
3. Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or
4. Fondling or touching of clothed or unclothed human genitals, pubic region, buttocks or female breast; or
5. Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or
6. Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being; or
7. Human excretion, urination, menstruation, vaginal or anal irrigation; or
8. The presence of any person who performs, or appears in attire where specified anatomical parts are either not opaquely covered or minimally covered with devices commonly referred to as pasties and g-strings or any other opaque covering over the nipple and areola of the female breast, and, while covering the cleft between the buttocks and pubic area, covers less than one inch on either side of the entire length of the cleft between the buttocks and two inches across the pubic area.
9.10.050 9.10.060 Short-Term Rental Definitions
"Advertise”, “Advertisement” or “Advertising”. shall mean tThe 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 City of Grover Beach Development Code – Public Draft Page | 158 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 Llaws, Rrules and Rregulations”. means aAny federal, state and local laws, rules, and regulations and private governing documents, including, without limitation, conditions, covenants and restrictions (“CC&Rs”) that are valid and enforceable pursuant to the Davis-Stirling Common Interest Development Act, as set forth in California Civil Code Section 4000 et seq., pertaining to the use and occupancy of a privately owned single-unit dwelling, multi-unit dwelling or mobile home as a short-term rental.
“Bedroom”. means any 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”. means aA document prepared by the City that summarizes the general rules of conduct and applicable short-term rental regulations to be adhered to by renters.
“Guest”. means aAn invitee of a renter or other person visiting a renter of a short-term rental unit who does not rent the unit. Guests shall only be allowed at the short-term rental between the hours of 7:00 a.m. and 10:00 p.m.
“Hotline”. means tThe 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”. means tThe person designated on the short-term rental permit who shall be available 24-hours a day, seven days a week for the purpose of responding in-person to the short-term rental site within 30 minutes of receiving a complaint regarding the condition, operation, or conduct of guests and is authorized by the owner to take remedial action and who responds to violations.
“Non-Owner Occupied Short-Term Rental”. is aA 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”. is aA 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”.
City of Grover Beach Development Code – Public Draft Page | 159 “Owner”. means tThe 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”. means aA person renting or occupying a short-term rental property in accordance with the terms of this Section. For purposes of this Section, “renter” shall have the same meaning as “transient,” as defined in Municipal CodeGBMC Article X Chapter 6 (Transient Occupancy Tax).
"Short-tTerm Rrental (STR)". or "STR" shall mean tThe 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).
CITY OF GROVER BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 12
Placement: Public Hearing
Meeting Date: July 28, 2025
TO: Honorable Mayor and City Council
FROM: Matthew Bronson, City Manager
PREPARED BY: Megan Martin, Community Development Director Kyle Bell, Senior Planner
SUBJECT: First Reading and Introduction of an Ordinance to Amend the Grover Beach Municipal Code Article IX Development Code, and Resolution to amend the Local Coastal Program by revising Chapter 4, Section
4.10.015 (Accessory Dwelling Units (ADU)) to align with recent changes in State ADU Law requirements.
RECOMMENDATION
1) Introduce the first reading of an ordinance to amend Grover Beach Municipal Code Article IX (Development Code), and Resolution to amend the Local Coastal Program by revising Chapter 4, Section 4.10.015 (Accessory Dwelling Units (ADU)); and 2) Schedule a second reading, by title only, to adopt the Ordinance and Resolution approving a Local Coastal Program Amendment at the next regularly scheduled City Council meeting.
BACKGROUND
On September 9, 2024, the City Council adopted Ordinance No. 24-08, updating various chapters and sections of the City’s Development Code, including Accessory Dwelling Units (ADUs) and Urban Lot Subdivisions, to align with State law requirements, reduce regulatory barriers, and improve internal consistency (City Council Staff Report). The changes reflected in the ordinance were informed by staff’s experience implementing the Development Code and incorporated lessons learned, best practices, and practical refinements. Many of the updates addressed compliance with State mandates, while others focused on removing or reducing development barriers and improving clarity and consistency throughout the Code.
Because a portion of the City is located within the Coastal Zone, these amendments require certification by the California Coastal Commission. Prior to adoption, Coastal Commission staff informed the City of a new review coordination process with the California Department of Housing and Community Development (HCD) for ADU-related amendments. In accordance with this process, the City submitted the adopted ordinance to HCD for review on September 12, 2024. On December 24, 2024, HCD provided a “flyover” review, offering preliminary comments and recommended clarifications related to State ADU law (HCD Flyover Comment Letter). Staff incorporated these comments into revised versions of the ordinance and resolution.
The revised amendments were presented to City Council on February 24, 2025, including a proposed increase in maximum ADU height to 20 feet pursuant to State law (City Council Staff Report). In response to public concerns regarding neighborhood impacts, the Council remanded Staff Report: ADU Ordinance Amendments Page 2
July 28, 2025
the proposed height increase to the Planning Commission for further review. The Commission reviewed these changes on July 1, 2025, as detailed below.
The purpose of this report is to provide additional information and context regarding updates to the City’s ADU regulations following review and comment by HCD. While the City’s initial Development Code update included a comprehensive set of ADU provisions, HCD identified several areas requiring clarification or revision to ensure full alignment with State law. The revised ADU regulations presented in this report respond directly to HCD’s recommendations and are necessary to maintain the City’s compliance with applicable State housing mandates.
In order to streamline review and ensure timely compliance with State ADU law, staff has separated the Development Code update into two ordinances: one focused exclusively on ADU regulations, and a second ordinance addressing all other unrelated amendments which was brought to the Council in the preceding public hearing item. This staff report focuses solely on the ADU Ordinance and highlights the changes made since the Council’s original adoption on September 9, 2024. The updated ordinance reflects both technical refinements and substantive changes required by HCD, with the goal of achieving certification from the California Coastal Commission and ensuring continued consistency with State housing policy.
Ordinance Overview
The proposed amendments to the City’s ADU regulations are intended to align with recent changes in State law, address comments received from the HCD and support the City’s goal of removing barriers to housing production. Where applicable, section references and terminology have also been updated throughout Section 4.10.015 for internal consistency. As shown in Attachment 3 of this report, purple underline indicates amendments to the City’s Development Code Section 4.10.0-15 as presented to the City Council on February 24, 2025. Red underline indicates revisions and minor changes to address comments received from HCD and Coastal Commission staff.
Section 4.10.015.D.1 – Maximum Number of ADUs and JADUs (Single-Unit Dwelling Lots) HCD noted that the City’s prior standard could be interpreted as limiting ADUs to one JADU and one ADU, which does not reflect the full allowances under State law. Government Code Section 66323 permits one JADU, one interior or attached ADU, and one detached ADU per lot with a single-unit dwelling.
The amended language clarifies that up to three ADU types may be developed on the same lot, providing greater flexibility and ensuring consistency with State law.
Section 4.10.015.D.5.b – Maximum Height (Detached ADUs – Single-Unit Dwelling Lots) HCD identified that the City’s previous height limit of 16 feet did not comply with Government Code Section 66321(b)(4), which mandates higher height allowances where a Major Transit Stop or other conditions exist. To respond to HCD concerns, staff revised the language to state:
“A detached ADU shall not exceed 16 feet in height, unless otherwise specified under Government Code Section 66321.”
This provides flexibility and compliance in the event that circumstances or definitions change.
Section 4.10.015.E.1 – Maximum Number of ADUs (Multi-Unit Dwelling Lots) Staff Report: ADU Ordinance Amendments Page 3
July 28, 2025
To conform with Senate Bill (SB) 1211, which took effect January 1, 2025, staff updated the regulations to reflect the expanded allowances for ADUs on multi-family properties. The revised standard now allows for:
• Interior ADUs equal to up to 25% of existing units within the existing multi-unit development (rounded to the nearest whole number, plus one); • Up to eight detached ADUs on lots with existing multi-unit development, not to exceed the number of existing units; and
• No more than two detached ADUs on lots with proposed (i.e., not yet built) multi-unit developments.
This amendment ensures the City remains compliant with SB 1211 and provides a clear framework for future ADU development.
Section 4.10.015.E.3.b – Maximum Height (Detached ADUs – Multi-Unit Dwelling Lots) Similar to Section 4.10.015.D.5.b, HCD identified that the City’s previous height limit of 18 feet for detached ADUs on multi-unit dwelling lots did not comply with Government Code Section 66321(b)(4), which mandates higher height allowances where a Major Transit Stop or other conditions exist. While the transit stations within the City of Grover Beach do not currently meet the legal definition of a Major Transit Stop or a High-Quality Transit Corridor staff revised the language to state:
“A detached ADU shall not exceed 18 feet in height, unless otherwise specified under Government Code Section 66321.”
This provides flexibility and compliance in the event that circumstances or definitions change.
Section 4.10.015.F – Development Standards
HCD noted that the ADU size limits (850 sq. ft. for studios/1-bedrooms; 1,200 sq. ft. for 2+ bedrooms) did not acknowledge exemptions under Government Code Section 66323. In response, staff amended the language of subsection F to include clarification for consistency:
“Development Standards. The standards in this Subsection shall apply to all ADUs and JADUs, unless otherwise exempt under Government Code Section 66323.” Section 4.10.015.G.3.a – JADUs Owner Occupancy
HCD noted that the City’s owner-occupancy requirement did not reflect exemptions under Government Code Section 66333, which excludes governmental agencies, land trusts, and nonprofit housing organizations. The revised language now specifies that owner-occupancy is required unless an exemption under State law applies.
Section 4.10.015.G.7 – JADU Covenant Agreement
Similarly, the City’s covenant agreement language was updated to reflect the same State law exemptions from owner-occupancy requirements, ensuring consistency and legal defensibility.
Section 4.10.015.G.8 – ADU Covenant Agreement
HCD flagged the City’s prior requirement for a covenant agreement as a condition of building permit issuance for ADUs, noting that such a requirement is not authorized under State law. In response, staff has removed Section 4.10.015.G.8 from the ordinance. This change ensures consistency with State ADU law and eliminates an unnecessary permitting barrier.
Staff Report: ADU Ordinance Amendments Page 4
July 28, 2025
Section 4.10.015.H.1 – Alternative Compliance
HCD recommended stronger language in Subsection H.1 to clarify that the City must not “physically preclude” the construction of at least one ADU of 800 square feet. In order to remove ambiguity and ensure compliance with Government Code Section 66321(b)(3), staff revised the language under subsection H.1 to state:
“The standards under this Section shall not 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).”
HCD also questioned a clause in Subsection H.3 that excludes existing structures as a physical constraint. After further review, staff determined the current language allows sufficient flexibility to meet the State mandate and no changes were necessary.
Planning Commission Review and Recommendation
On July 1, 2025, the Commission reviewed the proposed amendments and found the changes appropriately addressed HCD’s comments, prior public comment, and concern regarding maximum height of ADUs. The Commission did not recommend any further modifications to the draft ordinance.
As part of this item, the Commission engaged in a broader discussion on recent changes in State housing legislation with a particular focus on ADUs, with concerns expressed by some Commissioners regarding the increasing number of ADUs within the broader region and the lack of parking or replacement parking requirements as mandated by State law. These concerns included the potential for impacts to on-street parking in residential neighborhoods and desire for the City to consider proactive strategies to address these impacts.
These concerns reflect potential future challenges as development continues, though there is currently limited evidence of widespread or acute parking issues related to ADUs in the city. At this time, staff is not proposing changes related to ADUs or parking within residential neighborhoods. However, if the Council believes further evaluation is warranted on parking impacts, the Council may provide direction to staff to analyze this issue in more detail and return with potential policy options though staff would note that such an effort is not currently on the City’s work program for this year. Furthermore, it is important to note that any new local standards for ADUs, particularly those related to parking, would be challenging to enact, as such changes could conflict with State housing laws that are designed to reduce regulatory barriers to housing development.
Coastal Commission and Local Coastal Program Amendment
The Ordinance would amend Chapter 4 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 Local Coastal Plan (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 Staff Report: ADU Ordinance Amendments Page 5
July 28, 2025
development standards are unchanged. Staff have provided the public draft of the proposed changes to Coastal Commission staff for review and comments.
Next Steps
Following the public hearing of the Ordinance on July 28, 2025, the Council will conduct a second reading, by title only, to consider adoption of the amendments on August 25, 2025. Pending Council adoption, staff will forward the LCP amendment to the Coastal Commission. The Coastal Commission’s review process will involve an evaluation of the ordinance to ensure it aligns with both State laws and the Coastal Act. The amended ordinance would become effective the day after Coastal Commission action. Any recommended changes by the Coastal Commission to the LCP amendments would require review and acknowledgment by the Council before the ordinance would be considered effective.
ENVIRONMENTAL REVIEW
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.
FISCAL IMPACT
There is no fiscal impact associated with this action.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Conduct the first reading and introduce an ordinance to amend Grover Beach Municipal code Article IX (Development Code); consider a Resolution to amend the Local Coastal Program by revising Chapter 4 Section 4.10.015 (ADU); and schedule a second reading, by title only, to adopt the Ordinance; and adopt a Resolution approving a Local Coastal Program Amendment at the next regularly scheduled City Council meeting; or
2. Provide alternative direction to staff.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act. A legal ad was published in the New Times on July 10, 2025.
ATTACHMENTS
1. Draft Ordinance
2. Draft Local Coastal Program Amendment (Resolution)
3. ADU Ordinance Amendments – Legislative Draft
4. HCD Comment Letter (“Flyover”)
5. HCD Comment Response Letter
Staff Report: ADU Ordinance Amendments Page 6
July 28, 2025
Multi-Year Goals
☐ Public Safety and Community Services ☒ Economic Development and Housing ☐ Community Infrastructure ☐ Financial and Organization Sustainability Council Priorities
☐ Water and Wastewater Infrastructure ☐ Community Engagement Attachment 1
ORDINANCE NO. 25-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 TO REPEAL AND
REPLACE CHAPTER 4 SECTION 4.10.015 (ACCESSORY DWELLING UNITS),
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 recommendation of 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 August 26, 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 September 9, 2024, for the purpose of adopting the various amendments to the City’s Development Code and Local Coastal Program amendment; and WHEREAS, on September 12, 2024, the City of Grover Beach submitted the City Council’s adopted amendments to the Development Code to the California Department of Housing and Community Development (HCD) for review and comment; and WHEREAS, on December 24, 2024, HCD provided formal comments on the City’s submitted amendments to the Development Code, and in response to those comments, the City revised the ordinance; and
WHEREAS, the City Council conducted a public hearing in the Council Chamber of City Hall, on February 24, 2025, pursuant to the revisions made by HCD; at which time the Council Ordinance No. 25-XX Page 2 of 10
directed that the revised ordinance be returned to the Planning Commission for further review; 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 July 1, 2025, for the purpose of review and recommendation of the various amendments to the City’s Accessory Dwelling Unit Ordinance 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 July 28, 2025, for the purpose of introducing the various amendments to the City’s Accessory Dwelling Unit Ordinance and Local Coastal Program amendment; and WHEREAS, the City Council conducted a regular meeting in the Council Chamber of City Hall, on ____________, 2025, for the purpose of adopting the various amendments to the City’s Accessory Dwelling Unit Ordinance and Local Coastal Program amendment; and 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 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 Ordinance No. 25-XX Page 3 of 10
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:
1. Maximum Number. No more than one JADU, one Interior or Attached ADU, and one Detached 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 D.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
Ordinance No. 25-XX Page 4 of 10
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.F.2 (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 D.3.a and D.4.a.
b. Maximum Height. A detached ADU shall not exceed 16 feet in height, unless otherwise specified under Government Code Section 66321. c. Minimum Setbacks.
i. Front setback: 15 feet
ii. Interior and street side setback: 4 feet
iii. Rear setback: 4 feet
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, plus one) shall be allowed as Interior ADUs created within the space of the existing multi-family structure; and b. No more than eight detached ADUs per lot with an existing multi-unit development. However, the number of ADUs shall not exceed the number of existing units on the lot; or
c. No more than two detached ADUs per lot with a 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 Standards Code for dwellings.
3. Detached ADU on a Lot with Multi-Unit Dwellings.
Ordinance No. 25-XX Page 5 of 10
a. Definition. A detached ADU consists of new construction that is detached from any proposed or existing primary structures and is not considered an interior ADU as defined in subsection E.2.a.
b. Maximum Height. A detached ADU shall not exceed 18 feet in height, unless otherwise specified under Government Code Section 66321. 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, unless otherwise exempt under Government Code Section 66323.
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 one-bedroom 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 H of this section.
c. JADU Size Maximum. A JADU shall have a maximum floor area of 500 square feet.
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).
Ordinance No. 25-XX Page 6 of 10
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. 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;
Ordinance No. 25-XX Page 7 of 10
(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:
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;
Ordinance No. 25-XX Page 8 of 10
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, unless otherwise exempt under Government Code Section 66333.
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 owneroccupancy 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 residence .
c. ADUs or JADUs shall comply with all access requirements in compliance with Municipal Code Article 8 (Building Regulations).
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.
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 Ordinance No. 25-XX Page 9 of 10
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, unless otherwise exempt under Government Code Section 66333. 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 shall not 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 4. 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 5. 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 6. 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 July 28, 2025 and PASSED, APPROVED, and ADOPTED by the City Council on the ___________, 2025, on the following roll call vote, to wit:
Ordinance No. 25-XX Page 10 of 10
AYES: Council Members -
NOES: Council Members -
ABSENT: Council Members -
ABSTAIN: Council Members -
RECUSED: Council Members -
___________________________________
KASSI DEE, MAYOR
Attest:
______________________________
WENDI SIMS, CITY CLERK
Approved as to Form:
_____________________________
ROBERT LOMELI, CITY ATTORNEY
** D R A F T **
Attachment 2
RESOLUTION NO. 25-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH,
CALIFORNIA AUTHORIZING AND DIRECTING THE COMMUNITY
DEVELOPMENT DIRECTOR TO SUBMIT THE AMENDED LOCAL COASTAL PROGRAM AMENDMENT ASSOCIATED WITH ORDINANCE NO. 25-___ TO
THE CALIFORNIA COASTAL COMMISSION FOR FINAL CERTIFICATION WHEREAS, a Local Coastal Program (LCP) amendment is required for any amendment(s) 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 August 26, 2024 conducted first reading of the Development Code Amendments, and adopted the Development Code Amendments at its meeting on September 9, 2024; and
WHEREAS, prior to submitting the LCP Amendment to the California Coastal Commission, Coastal staff informed city staff of a new partnership with the California Department of Housing and Community Development (HCD) and required the amendments relating to the City’s Accessory Dwelling Unit (ADU) Ordinance be reviewed by HCD, prior to final certification; and
WHEREAS, city staff met with a representative of HCD to review the amendments and received comments regarding compliance with state law and recent legislation; and WHEREAS, the City incorporated certain revisions requested by HCD to ensure the City’s ADU Ordinance remains in full compliance with State ADU law and aligns with the intent of recent legislative changes; and
WHEREAS, the City Council at its meeting on February 24, 2025, conducted first reading of the Development Code Amendments, at which time the Council directed that the revised ordinance be remanded to the Planning Commission for further review; and WHEREAS, the Planning Commission held a public hearing on July 1, 2025, and recommended the City Council approve the Accessory Dwelling Unit Ordinance Amendments and Local Coastal Program Amendment; and
WHEREAS, the City Council at its meeting on July 28, 2025 conducted a first reading, by title only, of the Accessory Dwelling Unit Ordinance Amendments, and adopted the Accessory Dwelling Unit Ordinance Amendments at its meeting on __________, 2025; 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 Resolution No. 25-__ LCP Amendment Development Code Amendments Page 2 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, the City Council of the City of Grover Beach resolves as follows:
The Community Development Director shall submit an amendment of Article IX Development Code associated with the Accessory Dwelling Unit Ordinance No. 25-__, to the California Coastal Commission for final certification.
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. 25-__ was PASSED, APPROVED, and ADOPTED at a regular meeting by the City Council on the ____ of _____ 2025.
____________________________________
KASSI DEE, MAYOR
Attest:
______________________________
WENDI SIMS, CITY CLERK
** D R A F T **
Page | 1
CITY OF GROVER BEACH
ACCESSORY DWELLING UNIT ORDINANCE
AMENDMENTS
LEGISLATIVE DRAFT
Prepared by
Community Development Department
JUNE 2025
Attachment 3
City of Grover Beach Accessory Dwelling Unit Ordinance Amendments – Public Draft Page | 2 Accessory Dwelling Unit Ordinance - Legislative Draft Guide This legislative draft is intended to illustrate the recommended changes to the City of Grover Beach ADU Ordinance, only.
Purple underline indicates amendments to the City’s Development Code Section 4.10.015 as presented to the City Council on February 24, 2025 (not yet locally adopted).
On February 24, 2025, the Council remanded the Ordinance amendments back to staff based on public comment and a request to present certain revisions and modifications to the Planning Commission for recommendation prior to the Council taking action.
Red underline indicates amendments to the City’s Development Code Section 4.10.015 in accordance with California Housing and Community Development (HCD) feedback, Coastal Commission review, and City of Grover Beach Planning Commission policy.
City of Grover Beach Accessory Dwelling Unit Ordinance Amendments – Public Draft Page | 3 CHAPTER 4. STANDARDS FOR SPECIFIC
DEVELOPMENT AND LAND USES
4.10 Standards for Specific Development and Land Uses
4.10.015 Accessory Dwelling Units (ADUs)
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:
1. Maximum Number. No more than one JADU, one Interior or Attached ADU, and one Detached 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, City of Grover Beach Accessory Dwelling Unit Ordinance Amendments – Public Draft Page | 4 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 DC.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.F,2E.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 CD.3.a and CD.4.a
b. Maximum Height. A detached ADU shall not exceed 16 feet in height, unless otherwise specified under Government Code Section 66321. c. Minimum Setbacks.
i. Front setback: 15 feet
ii. Interior and street side setback: 4 feet
iii. Rear setback: 4 feet
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 oneplus one) shall be allowed as interior ADUs created within the space of the existing or proposed multi-family structure; and
City of Grover Beach Accessory Dwelling Unit Ordinance Amendments – Public Draft Page | 5 b. No more than two detached ADUs per lot with an existing or proposed multiunit development.No more than eight detached ADUs per lot with an existing multi-unit development. However, the number of ADUs shall not exceed the number of existing units on the lot; or
c. 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 standardsCalifornia Building Standards Code 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 primary structures and is not considered an interior ADU as defined in subsection DE.2.a.
b. Maximum Height. A detached ADU shall not exceed 18 feet in height, unless otherwise specified under Government Code Section 66321. 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, unless otherwise exempt under Government Code Section 66323.
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 one-bedroom 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 GH of this section.
c. JADU Size Maximum. A JADU shall have a maximum floor area of 500 square feet.
City of Grover Beach Accessory Dwelling Unit Ordinance Amendments – Public Draft Page | 6
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.
City of Grover Beach Accessory Dwelling Unit Ordinance Amendments – Public Draft Page | 7 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. 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 (non-accent) 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.
City of Grover Beach Accessory Dwelling Unit Ordinance Amendments – Public Draft Page | 8 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:
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, unless otherwise exempt under Government Code Section 66333.
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 owneroccupancy 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.
City of Grover Beach Accessory Dwelling Unit Ordinance Amendments – Public Draft Page | 9 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.
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, unless otherwise exempt under Government Code Section 66333. 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 toshall not 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, City of Grover Beach Accessory Dwelling Unit Ordinance Amendments – Public Draft Page | 10 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.
A. Purpose.
1. This Section provides standards for accessory dwelling units including junior accessory dwelling units where allowed by Chapter 2 (Zones and Allowable Land Uses).
2. To provide for the creation of accessory dwelling units consistent with Government Code Sections 65852.2 and 65852.22 as amended.
Implementation of this Section is meant to expand housing opportunities by increasing the number of smaller units available within the city.
B. Density. Accessory dwelling units shall not count towards the allowable density of units per acre prescribed in the General Plan and Development Code.
C. Permit requirements. A Zoning Clearance shall be required to ensure compliance with this Section prior to issuance of building permits. In the Coastal Zone, a Coastal Development Permit is required unless exempt consistent with Section 6.20.040.B.2.
D. Size of Accessory Dwelling Unit. An accessory dwelling unit (detached or attached) shall have a minimum floor area of 150 square feet and maximum floor area of 1,200 square feet, or less than the square footage of the primary dwelling, whichever is less. Junior accessory dwelling units shall comply with Subsection L.
E. Building Height.
1. A detached accessory dwelling unit shall not exceed 16 feet in height.
2. An attached accessory dwelling unit or an accessory dwelling unit constructed over a garage or carport shall not exceed 25 feet in height. Any portions of the accessory dwelling unit constructed within the zone’s standard required building setback areas shall not exceed 16 feet in height.
E. Limitation on Number.
1. A maximum of one accessory dwelling unit and/or one junior accessory dwelling unit is allowed per lot with an existing or proposed single-unit dwelling consistent with Government Code Section 65852.2.(e).
2. Accessory dwelling units within multi- unit and mixed-use developments shall comply with the following:
a. The maximum number of accessory dwelling units shall not exceed 25% of the number of existing or proposed multi-unit dwellings but shall not be less than one unit.
b. The accessory dwelling units may be permitted in either converted portions of a structure that are not used as livable space, (e.g., garages, laundry rooms, etc).
City of Grover Beach Accessory Dwelling Unit Ordinance Amendments – Public Draft Page | 11 c. A maximum of two detached accessory dwelling units, in addition to the converted portions of a structure, are permitted per lot.
F. Limitation on Use. No accessory dwelling unit shall be utilized as a short-term rental unless exempt consistent with Section 4.10.185.Q.
G. Utility Connections. Accessory dwelling units shall be connected to City water and sewer services. Separate utility connections and meters are not required if the ADU complies with Government Code Section 65852.2 (e)(1)(A).
H. Development Impact Fees. Payment of development impact fees are required as follows:
1. Accessory dwelling units with floor area of 750 square feet or less shall not pay development impact fees.
2. Accessory dwelling units with floor area greater than 750 square feet shall be charged development impact fees that are proportional, as shown on the Master Fee Schedule.
I. Building Design Standards for Accessory Dwelling Units.
1. Access and Entries.
a. ADU and/or JADU shall have direct exterior access independent of the exterior access of the primary dwelling.
b. On interior lots if an ADU is abutting the street, the primary entrance oriented towards the street and directly accessible from an adjacent sidewalk (where no sidewalk exists, the connection shall be to the abutting public street) and the entryways shall consist of:
i. A front porch with a minimum depth of five feet, as measured from the building façade to the posts, and a minimum length of eight feet; or
ii. A portico, recess, or stoop measuring at least four feet by four feet which is well defined by a gabled entry, distinct change in roof line or columns, or has some other significant architectural distinction. c. On corner lots, if an ADU entry is facing the street, entryways shall consist of:
i. A front porch with a minimum depth of five feet, as measured from the building façade to the posts, and a minimum length of eight feet; or
ii. A portico, recess, or stoop measuring at least four feet by four feet which is well defined by a gabled entry, distinct change in roof line or columns, or has some other significant architectural distinction.
2. Massing. The square footage of any story of an ADU constructed above the first story (and not a conversion of existing space) shall have a maximum floor area that is no more than 80 percent of the floor area of the first story.
City of Grover Beach Accessory Dwelling Unit Ordinance Amendments – Public Draft Page | 12 a. First floor calculation shall include all interior living areas, including interior and exterior staircases, attached garages, and covered porches connected to the first floor.
b. The floor area of upper stories is inclusive of all interior living area with walls; all staircases; porches, decks, and balconies that are covered by a roof structure; and all cantilevered structures that extend beyond the first-floor footprint that do not extend to the ground, including but not limited to living area, roof decks, bay windows, chimneys, and staircases; as well as any mezzanines, lofts, or other partial floor areas. Maximum cantilevered area shall not exceed three feet.
3. Façade Articulation.
a. New detached or attached accessory dwelling units shall carry the same theme on all elevations. For the purposes of this standard, a theme includes primary (non-accent) materials and colors.
b. New detached or attached ADUs shall not include blank walls (e.g., without doors or windows) greater than 25 feet in length if visible from the public right-of-way.
c. New detached or attached accessory structures shall provide trim at all exterior window and door openings. In lieu of exterior window trim, windows shall be recessed from a wall plane by a minimum of three inches. d. For new detached or attached ADUs, vinyl and aluminum siding, T-111 plywood, and exterior insulation finishing system (EIFS) are prohibited.
J. Development Standards for Accessory Dwelling Units. ADUs shall comply with all applicable development standards in this Development Code and Municipal Code Article 8 Building Regulations, except to the extent they are inconsistent with the following development standards which shall govern when applied to accessory dwelling units.
1. Minimum interior side, street side and rear setbacks shall be four feet for detached or attached accessory dwelling units when the building height does not exceed 16 feet.
2. Existing nonconforming setbacks of permitted structures may be maintained if converted to an accessory dwelling unit.
3. Accessory dwelling units shall be excluded from the calculation of lot coverage. (Section 3.10.035; Lot Coverage and Exceptions)
4. Accessory dwelling units in multi- unit dwellings shall be excluded from the open space requirements in Section 3.10.045.
5. No minimum lot size is required to develop an accessory dwelling unit.
6. Installation of fire sprinklers shall not be required in an accessory dwelling unit if they are not required for the primary residence, but shall comply with all access requirements in compliance with Municipal Code Article 8.
City of Grover Beach Accessory Dwelling Unit Ordinance Amendments – Public Draft Page | 13 K. Development Standards for Junior Accessory Dwelling Units. Junior accessory dwelling units shall comply with the requirements of Subsection A through K, except to the extent they are inconsistent with the following development standards which shall govern when applied to junior accessory dwelling units.
1. Limitation on Use. Junior accessory dwelling units shall be allowed only where the use is limited to an existing or proposed single-unit dwelling.
2. Location. A junior accessory dwelling unit shall be constructed within the walls of the primary unit, including an attached garage.
3. Size of Junior Accessory Dwelling Unit. A junior accessory dwelling unit shall have a maximum floor area of 500 square feet.
4. Interior requirements. A junior accessory dwelling unit shall include at least the following:
a. A cooking facility, a sink, and food preparation counter of no less than 30 inches in width.
b. A separate or shared bathroom with the primary residence. c. A separate entrance from the main entrance to the primary residence.
5. Occupancy Requirements. Either the junior accessory dwelling unit or the primary dwelling unit shall be owner occupied. A covenant agreement shall be recorded prior to occupancy.
December 24, 2024
City of Grover Beach Ordinance No. 24-08 Flyover
Reviewed by: David Barboza
The following comments reflect conflicts between current State ADU Laws and the ADU regulations found in the City of Grover Beach’s Ordinance No. 24-08. Where local ADU regulations conflict with State ADU Law without basis in any superseding laws, the City must amend the ADU Ordinance to bring the local regulations into compliance with State ADU Law. This flyover review represents a non-exhaustive list of conflicts to identify major inconsistences particularly due to recent State ADU Law updates.
Findings
1. Section 2.40.030, Table 2.61 allows some primary residential uses in the CI, CIC and I zones (e.g., live-work units). ADUs are allowed in these mixed-use zones as well, with a proposed or existing primary dwelling.2
2. Section 3.10.062.G, Table 3.2 requires minimum side and rear setbacks greater than four feet for mixed-use buildings on properties which abut residential properties. However, in the even that a mixed-use building contains an ADU, a side or rear yard setback greater than four feet may not be required for the ADU.3
3. Section 4.10.015.C.1 states: “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).” However, if a property is created by an urban lot split and contains one primary dwelling unit, one ADU or one JADU may be added to reach to the two-unit cap which applies to such lots. 4 4. Section 4.10.015.D.1 states, with regard to lots with single-unit dwellings:
“Maximum Number. No more than one JADU and one ADU shall be allowed per legal lot.” However, Government Code section 66323, subdivision (a) requires local agencies to approve one conversion ADU, one JADU and one detached ADU on a lot in a residential or mixed-use zone with an existing or proposed single-family residence.5
5. Section 4.10.015.D.3.a.i states an interior ADU on a lot with a single-unit dwelling must be: “Within the space of an existing single-unit dwelling […]”. However, an 1 All references to sections listed first in each finding are to Ordinance No. 24-08, unless otherwise noted.
2 Gov. Code, § 66323, subd. (a).
3 Gov. Code, §§ 66314, subd. (d)(7) & 66323, subds. (a)(2) & (a)(4). 4 Gov. Code, § 66411.7, subd. (j).
5 “Notwithstanding Sections 66314 to 66322, inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following: […]”. Gov. Code, § 66323, subds. (a)(1) & (a)(2).
Attachment 4
interior conversion ADU may be proposed with an existing or a proposed singlefamily dwelling.6
6. Section 4.10.015.D.4.a makes a reference to “subsection C.3.a” regarding interior ADUs. However, this section does not include a subsection C.3.a. The reference appears to be intended for subsection D.3.a of section 4.10.015.
7. Section 4.10.015.D.4.c.i requires an attached ADU on a lot with a single-unit dwelling to have a front setback of at least 15 feet. However, State ADU Law contains two exceptions to front yard setback requirements, which are not mentioned in the Ordinance.
7 8. Section 4.10.015.D.4.d states: “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).” However, an 850 square-foot ADU or a 1,000 square-foot ADU (if the ADU has two or more bedrooms) is allowable regardless of the 50 percent rule.8 The reference to section 4.10.015.E.1 does not appear relevant to this topic and may be intended for a different part of the Ordinance.
9. Section 4.10.015.D.5.a makes references to “subsections C.3.a and C.4.a.” However, these subsections do not appear in section 4.10.015. The references appear to be intended for subsections D.3.a and D.4.a of section 4.10.015.
10.Section 4.10.015.D.5.b states: “A detached ADU shall not exceed 16 feet in height.” However, Government Code section 66321, subdivision (b)(4)(A-C) lays out three scenarios for the minimum detached ADU heights a local agency must allow, two of which exceed 16 feet.9
11.Section 4.10.015.D.5.c.i requires a detached ADU on a lot with a single-unit dwelling to have a front setback of at least 15 feet. However, State ADU Law contains two exceptions to front yard setback requirements, which are not mentioned in the Ordinance.
10 12.Section 4.10.015.E.1.b allows: “No more than two detached ADUs per lot with an existing or proposed multi-unit development.” However, SB 1211 (Chapter 296, Statutes of 2024) will change the allowable number of ADUs detached from an existing multifamily dwelling to eight, but not to exceed the number of existing units on the lot.11 This law will take effect on January 1, 2025.
13.Section 4.10.015.E.2.b states: “An interior ADU shall comply with California building code standards for dwellings.” While this is similar to language in State ADU Law, we recommend referring to the California Building Standards Code instead, since that term encompasses the California Residential Code, California 6 Gov. Code, §§ 66314, subd. (d)(2) & 66323, subd. (a)(1). 7 Gov. Code, §§ 66321, subd. (b)(3) & 66323.
8 Gov. Code, § 66321, subd. (b)(2).
9 The three scenarios vary based on primary dwelling type, proximity to certain types of transit stops and whether two additional feet are necessary to match roof pitch. Two of these scenarios allow heights of up to 18 or 20 feet.
10 Gov. Code, §§ 66321, subd. (b)(3) & 66323.
11 SB 1211 does not change the number of multifamily detached ADUs allowed with a proposed multifamily dwelling.
Building Code and other related codes in Title 24 of the California Code of Regulations.
14.Section 4.10.015.E.3.a states: “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.” However, a detached ADU is an ADU detached from the primary dwelling. A detached ADU may be attached to other ADUs or accessory structures on the property without losing its status as “detached.”12 Subsection D.2.a does not appear and the reference appears to be intended for subsection E.2.a of section 4.10.015.
15.Section 4.10.015.E.3.b states: “A detached ADU shall not exceed 18 feet in height.” However, when the conditions described in Government Code section 66321, subdivision (b)(4)(B), are met, an ADU may be up to 20 feet in height.
16.Section 4.10.015.E.3.c.i requires multifamily detached ADUs to be set back at least ten feet from the front property line. However, State ADU Law contains two exceptions to front yard setback requirements, which are not mentioned in the Ordinance.13
17.Section 4.10.015.F.2.b states: “An ADU shall not exceed 850 square feet for a studio or one bedroom 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.” The 1,200 square-foot maximum floor area does not apply to an ADU approved under Government Code section 66323, subdivision (a)(4).
Subsection G does not describe how setbacks or objective design standards will be waived if they would require an ADU to be less than 800 square feet.
18.Section 4.10.015.F.9 states: “standards in this Subsection shall apply to all ADUs and JADUs.” However, for ADUs approved under Government Code section 66323 and for JADUs, the City must limit itself to the development standards contained or incorporated into section 6632314 and to the California Building Standards Code.15 Therefore, several of the standards listed in subsection F.9 are inapplicable to 66323 units.
19.Section 4.10.015.F.9.e.i states: “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” (emphasis added). Please clarify whether the intent here is to refer to an outside corner.
20.Section 4.10.015.G.1 states: “Except as provided in Government Code Section 66341, ADUs may not be sold or otherwise conveyed separate from the primary residence.” However, the City has the option to allow primary dwelling and ADUs 12 HCD “Accessory Dwelling Unit Handbook, January 2025,” page 21. 13 Gov. Code, §§ 66321, subd. (b)(3) & 66323.
14 These include, but are not limited to, the referenced standards in sections 66333- 66339 for JADUs.
15 “Notwithstanding Sections 66314 to 66322, inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following: […]”
to be separately conveyed as condominiums under Government Code section 66342 and should consider amending the Ordinance to do so.
21.Section 4.10.015.G.2 states: “JADUs shall not be rented for a period of less than thirty days. Short Term Rentals are prohibited within any ADU or JADU.” However, there is no basis in State JADU Law to prohibit short-term rentals of a JADU, although this may be justifiable under the Coastal Act.16
22.Section 4.10.015.G.3.a states: “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.” However, there are exceptions to the JADU owner occupancy requirement when the owner is a governmental agency, land trust or housing organization.17
23.Section 4.10.015.G.4 states: “Separate utility connections and meters are not required if the ADU/JADU complies with Government Code Section 66324 (d) and (e).” However, Government Code section 66324, subdivisions (d) and (e) describe different types of ADUs, some of which may be required to have separate utility connections and others of which may not be required to have separate connections. Subdivision (d) describes the type of ADU (and JADU) which may not be required to have a separate connection.
24.Section 4.10.015.G.7 states: “the owner of the property will occupy either the primary residence or the JADU.” However, there are exceptions to this requirement when the property owner is a governmental agency, land trust or housing organization.18
25.Section 4.10.015.G.8 requires a covenant agreement prior to issuance of a building permit for an ADU. However, State ADU Law does not authorize this type of requirement unless the ADU is being sold separately to a qualified buyer at an affordable housing cost.
19 26.Section 4.10.015.H.1 states: “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).” However, the phrase “are not intended to physically preclude” creates an ambiguity that would be resolved with the phrase “shall not physically preclude.”
27.Section 4.10.015.H.3 states, in reference to the waiver of development standards described in Finding 26: “For the purpose of these requirements, existing structures are not considered a physical constraint.” However, an existing, permitted structure could be a physical constraint to ADU development. For example, a primary dwelling is required to enable an ADU but can also constrain an ADU’s location on a property.
16 Gov. Code, §§ 66333-66339
17 Gov. Code, § 66333, subd. (b).
18 Gov. Code, § 66333, subd. (b).
19 Gov. Code, §§ 66315 & 66341, subd. (b). However, JADUs are required to have a deed restriction, per Gov. Code, § 66333, subd. (c).
28.Article IX, Chapter 9 (page 77) defines an ADU. However, the Ordinance’s definition is missing the parts of the definition in State ADU Law which clarify that an ADU may be an efficiency unit or a manufactured home.20
29.Article IX, Chapter 9 (page 77) excludes ADUs and JADUs from the definition of the term “accessory structure.” However, Government Code section 66319 states: “An accessory dwelling unit that conforms to Section 66314 shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot.” While it is logical to exempt ADUs and JADUs from the development standards for accessory structures in Ordinance section 4.10.030, for other purposes, ADUs and JADUs are accessory uses or accessory structures.
30.Article IX, Chapter 9 (page 89) includes the following in the definition of a “singleunit dwelling/development”: “A single-unit dwelling may also include, as an accessory use, a legally established Accessory Dwelling Unit.” However, it may also include a JADU.
Next Steps
Please contact us using the information below if you have any questions or comments about this review.
Contact Information
David J. Barboza, AICP (he/him)
Senior Housing Policy Specialist
Housing & Community Development
651 Bannon Street, Suite 400 | Sacramento, CA 95811
Phone: 916.907.3002
Email: [email protected]
20 Gov. Code, § 66313, subd. (a).
HCD Comment Response Letter
The following comments detail the City’s response to HCD's feedback on the City's compliance with State ADU laws for the City’s ADU Ordinance. These responses have been reviewed with HCD and reflect our ongoing commitment to ensuring compliance with State requirements for ADU development within the City.
1) Section 2.40.030, Table 2.6 (Industrial Zones Allowable Land Uses and Permit Requirements) has been amended to allow ADU’s as a permitted use, accessory to residential uses within the CI, CIC and I zones (e.g., live-work units, Transitional and Supportive Housing).
2) Section 3.10.062.G, Table 3.2 (Edge Conditions Minimum Setbacks) has been amended to include a reference to Section 4.10.015 (Accessory Dwelling Units) regarding compliance with setback requirements for ADUs which allow for a minimum side and rear setbacks of four feet.
3) Section 4.10.015.C (Prohibited Locations) states: “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).” This language does not preclude the ability for the development of a primary residence and an ADU or JADU to reach the two-unit cap for a property associated with an Urban Lot Split. The term Urban Dwelling Unit refers to a Two-Unit Development under SB 9, if a project includes an Urban Dwelling Unit and a primary dwelling unit on a lot from a resulting Urban Lot Split, then it has reached the 2- unit cap. This term is used for consistency between jurisdictions throughout the County of SLO. No changes are necessary.
4) Section 4.10.015.D.1 (Maximum Number) has been revised to read “No more than one JADU, one Interior or Attached ADU, and one Detached ADU shall be allowed per legal lot.”
5) Section 4.10.015.D.3.a.i (Interior ADU on a Lot with a Single-Unit Dwelling), an Interior ADU included in a proposed single-family dwelling would fall under the definition of an Attached ADU, as it is not physically possible to convert space that has not yet been constructed. No changes are necessary.
6) Section 4.10.015.D.4 (Attached ADU on a Lot with a Single-Unit Dwelling) has been revised to provide the correct reference; “subsection D.3.a”. 7) Section 4.10.015.D.4.c.i (Attached ADU on a Lot with a Single-Unit Dwelling) requires an attached ADU on a lot with a single-unit dwelling to have a front setback of at least 15 Attachment 5
feet. Section 4.10.015.H (Alternative Compliance) provides for the exception to front yard setback requirements in compliance with Government Code Section 66321(a)(3). No changes are necessary.
8) Section 4.10.015.D.4.d (Attached ADU on a Lot with a Single-Unit Dwelling) has been revised to provide the correct reference: “shall comply with Section 4.10.015.F.2 (Size)”. 9) Section 4.10.015.D.5.a (Detached ADU on a Lot with a Single-Unit Dwelling) has been revised to provide the correct reference: “subsection D.3.a and D.4.a”. 10) The City does not contain a Major Transit Stop or a High-Quality Transit Corridor as defined by Public Resources Code. The existing Grover Beach Train Station is classified as an intercity rail station, which does not provide commuter rail service comparable to a "bus rapid transit station." However, to align with HCD’s interpretation and ensure compliance with Government Code Section 66321(4) Section 4.10.015.D.4.b (Detached ADU on a Lot with a Single-Unit Dwelling) has been amended to read as follows: “A detached ADU shall not exceed 16 feet in height, unless otherwise specified under Government Code Section 66321.”
11) Section 4.10.015.D.5.c.i (Detached ADU on a Lot with a Single-Unit Dwelling) requires a detached ADU on a lot with a single-unit dwelling to have a front setback of at least 15 feet. Section 4.10.015.H (Alternative Compliance) provides for the exception to front yard setback requirements in compliance with Government Code Section 66321(a)(3). No changes are necessary.
12) Section 4.10.015.E.1.b (Maximum Number) has been revised following the adoption of SB 1211, which took effect on January 1, 2025. Section 4.10.015.E.1.b has been revised to read as follows: “Maximum Number. (a) Up to 25 percent of the number of existing units in a multi-unit development (rounded to the nearest whole number, plus one) shall be allowed as interior ADUs created within the space of the existing multi-family structure; and (b) No more than eight detached ADUs per lot with an existing multi-unit development. However, the number of ADUs shall not exceed the number of existing units on the lot; or (c) No more than two detached ADUs per lot with a proposed multi-unit development.”
13) Section 4.10.015.E.2.b (Interior ADU on a Lot with Multi-Unit Dwellings) has been revised to read as follows: “An interior ADU shall comply with California Building Standards Code for dwellings.”
14) Section 4.10.015.E.3.a (Detached ADU on a Lot with Multi-Unit Dwellings) has been revised to provide the correct reference and read as follows: “A detached ADU consists of new construction that is detached from any proposed or existing primary structures and is not considered an interior ADU as defined in subsection E.2.a.” 15) The City does not contain a Major Transit Stop or a High-Quality Transit Corridor as defined by Public Resources Code. The existing Grover Beach Train Station is classified as an intercity rail station, which does not provide commuter rail service comparable to a "bus rapid transit station." However, to align with HCD’s interpretation and ensure compliance with Government Code Section 66321(4) Section 4.10.015.E.3.b (Detached ADU on a Lot with Multi-Unit Dwellings) has been amended to read as follows: “A detached ADU shall not exceed 18 feet in height, unless otherwise specified under Government Code Section 66321.”
16) Section 4.10.015.E.3.c.i (Detached ADU on a Lot with Multi-Unit Dwellings) requires multifamily detached ADUs to be set back at least ten feet from the front property line.
Section 4.10.015.H (Alternative Compliance) provides for the exception to front yard setback requirements in compliance with Government Code Section 66321(a)(3). No changes are necessary.
17) Section 4.10.015.F (Development Standards) has been amended to exclude any standards which do not apply to ADUs under Section 66323, the language has been revised to read as follows: “The standards in this Subsection shall apply to all ADUs and JADUs, unless otherwise exempt under Government Code Section 66323”. Section
4.10.015.F.2.b has also been revised to provide the correct reference regarding flexibility from Objective Standards: “as described in subsection H of this section.” 18) Section 4.10.015.F. (Development Standards) has been amended to exclude any standards which do not apply to ADUs under Section 66323, as further described in comment response 17 above.
19) Section 4.10.015.F.9.e.i (Objective Design Standards) subsection (e)(i) (Materials) correctly references the inside corner regarding the appropriate transition point between materials. The intent is to address the appropriate transition between exterior materials on a structure, where the material exposed along an outside corner appears as an exposed veneer. No changes are necessary. See image below for clarification:
20) Section 4.10.015.G.1 (Separate Conveyance) the City is not interested in allowing separate conveyance of ADUs at this time. No changes are necessary. 21) Government Code Section 66323(e) states: “A local agency shall require that a rental of the accessory dwelling unit created pursuant to this section be for a term longer than 30 days.” This section of the Government Code is inclusive of JADUs. Furthermore, Government Code Section 66333 – 66339 does not preclude a local agency’s ability to prohibit short-term rentals within a JADU. Section 4.10.015.G.2 (Short-Term Rental Prohibited) accurately prohibits Short-Term Rentals for all ADUs and JADUs. 22) Section 4.10.015.G.3.a (Owner Occupancy) has been revised to read as follows: “Owneroccupancy is required for properties on which a JADU is proposed, unless otherwise exempt under Government Code Section 66333. The owner may reside in the JADU or primary dwelling on the property.”
23) Section 4.10.015.G.4 (Utility Connections) the City will not require separate utility connections or meters for any type of ADUs or JADUs including ADUs under Government Code Section 66323, consistent with Government Code Section 66324. No changes are necessary.
24) Section 4.10.015.G.7 (JADU Covenant Agreement) has been revised to read as follows:
“the owner of the property will occupy either the primary residence or the JADU, unless otherwise exempt under Government Code Section 66333.”
25) Section 4.10.015.G.8 (ADU Covenant Agreement) has been removed from the ADU Ordinance.
26) Section 4.10.015.H.1 (General) has been revised to read as follows: “The standards under this Section shall not physically preclude...”
27) Section 4.10.015.H.3 (Application) exclusion of an existing structure does not physically preclude the ability to construct an ADU of up to 800 square feet, as the ADU may be provided as a conversion of existing space or as an addition to the existing structure, or a combination of both. This language is consistent with the provisions under Government Code Section 66321 in providing for flexibility from standards to permit at least one attached or detached ADU up to 800 square feet. No changes are necessary. 28) Under Section 9.10.030 (Land Use Definitions) the definition of an Accessory Dwelling Unit to read as follows: “…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 (may be provided within a manufactured home or an efficient unit)…” 29) Under Section 9.10.030 (Land Use Definitions) the definition of an Accessory Structure to read as follows: “…Does not include “Accessory Dwelling Units”, “Junior Accessory Dwelling Units, or “Tiny Home on Wheels”, which are separately defined.” 30) Under Section 9.10.030 (Land Use Definitions) the definition of an Single Unit Dwelling/Development to read as follows: “…A single-unit dwelling may also include, as an accessory use, a legally established “Accessory Dwelling Unit” or “Junior Accessory Dwelling Unit”…”