Item11_Dev-Code-Staff-Report — Grover Beach City Council, July 28, 2025 (part 1 of 2)

CITY OF GROVER BEACH

CITY COUNCIL STAFF REPORT
Agenda Item No. 11
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 Local Coastal Program by revising Chapter 2 (Zones and Allowable Land Uses), Section 3.10.020 (Fences and Walls), Section

3.10.030 (Height Limits and Exceptions), new Section 3.10.062 (Edge Conditions), amendments to Sections 3.10.065 (Screening), 3.10.080 (Upper Story Open Spaces), 4.10.030 (Accessory Structures), 5.10.030 (General Provisions), Chapter 6 (Procedures), 8.20.060 (Review Authority for Subdivision Decisions), new Section 8.170 (Urban Lot Subdivisions), and amendments to Chapter 9 (Definitions)

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 2 (Zones and Allowable Land Uses), Section 3.10.020 (Fences and Walls), Section 3.10.030 (Height Limits and Exceptions), new Section 3.10.062 (Edge Conditions), amendments to Sections 3.10.065 (Screening), 3.10.080 (Upper Story Open Spaces), 4.10.030 (Accessory Structures), 5.10.030 (General Provisions), Chapter 6 (Procedures), 8.20.060 (Review Authority for Subdivision Decisions), new Section 8.170 (Urban Lot Subdivisions), and amendments to Chapter 9 (Definitions); and 2) Schedule a second reading, by title only, to adopt the Ordinance and Resolution to approve 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 Staff Report: Development Code Amendments Ordinance First Reading Page 2 July 28, 2025
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 the 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 the proposed height increase to the Planning Commission (Commission) for further review. The Commission reviewed these changes on July 1, 2025.

To streamline the review and adoption process, staff has separated the Development Code update into two ordinances: one focused exclusively on ADU regulations, and the other addressing all remaining updates. This staff report focuses solely on the amendments made since the previous Council adoption, excluding the ADU Ordinance which is the subject of the subsequent public hearing item. This separation enables the City to address State compliance requirements related to ADUs in a timely manner, while allowing for more focused deliberation on the broader Development Code changes.

The purpose of this report is to provide additional information and context regarding the Development Code updates in response to HCD’s feedback. While most of HCD’s recommendations focused on ADU regulations, minor edits were also made to other sections of the Development Code for consistency with State law. Separately, staff is also proposing additional updates that have arisen since this item was last presented in February, including a clarification on elevator shafts exceeding height limits, and updates to the City’s Urban Lot Subdivision standards to comply with SB 1123, effective July 1, 2025.

Ordinance Overview
The proposed amendments to Ordinance No. 24-08 include targeted updates to several sections of the City’s Development Code to address feedback from HCD, ensure consistency with State legislation, and clarify provisions based on recent Commission direction. As shown in Attachment 1 of this report, purple underline indicates amendments to the City’s Development Code 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.

The amended sections associated with this report include:
• Section 2.40.030 – Table 2.6 (Industrial Zones Allowable Land Uses and Permit Requirements)
• Section 3.10.030 – Height Limits and Exceptions
• Section 3.10.062 – Table 3.2 (Edge Conditions Minimum Setbacks) • Section 8.170 – Urban Lot Subdivisions
• Chapter 9 – Definitions
Amendment to Table 2.6 – Industrial Zones Allowable Land Uses HCD noted that ADUs must be allowed in any zone where residential uses such as live-work units or supportive housing are permitted; necessitating an amendment to the City’s zoning standards to allow ADUs within industrial zones (CI, CIC, and I). Section 2.40.030, Table 2.6 has been amended to clarify that ADUs are a permitted use when accessory to an allowed residential use in these zones. This ensures consistency with State law and recognizes that residential uses, Staff Report: Development Code Amendments Ordinance First Reading Page 3 July 28, 2025
such as live-work units and transitional/supportive housing, may serve as a qualifying primary unit for an ADU.

Amendments to Section 3.10.030 – Height Limits and Exceptions On May 6, 2025, the Commission considered a code interpretation regarding elevator shaft height.

Under the current Code, rooftop access structures may exceed the height limit by up to eight feet.

In response to a request from an applicant to exceed these limits for an elevator shaft, the Commission voted 4-1 in favor of the interpretation, and found the existing language unnecessarily restrictive and supported treating elevator shafts similarly to architectural features (e.g., towers or cupolas), which may exceed height limits through Use Permit approval. To reflect this interpretation, staff recommends the Code be amended to allow elevator shafts to exceed the height limit by more than eight feet with Use Permit approval, providing flexibility in project design while maintaining appropriate oversight.

Amendment to Table 3.2 – Setbacks for Mixed-Use Projects HCD identified that Table 3.2 (Edge Conditions – Minimum Setbacks) required side and rear setbacks greater than four feet for mixed-use buildings adjacent to residential zones, which conflicts with State law when an ADU is included. The table has been amended to reference Section 4.10.015 (ADUs), clarifying that ADUs are subject to a minimum four-foot side and rear setback, as required by State law.

Amendments to Sections 6.20.020 & 6.20.040 – Administrative Coastal Development Permits Following a meeting with Coastal Commission staff on June 20, 2025, staff received a recommendation to improve consistency between Administrative Development Permits and Administrative Coastal Development Permits. In response, Section 6.20.020 (Administrative Development Permits) has been revised to include a cross-reference to Section 6.20.040 (Administrative Coastal Development Permits) for projects in the Coastal Zone. Additionally, Section 6.20.040 has been amended to reference Sections 6.20.020 and 6.20.110 (Zoning Clearance), clarifying the types of projects subject to its requirements and procedures when located in the Coastal Zone. These changes promote consistent application of Coastal Act requirements across administrative permit processes.

Amendments to Section 8.170 – SB 1123 Compliance
SB 1123, effective January 1, 2025, expands upon SB 684 to allow urban lot subdivisions on vacant lots within single-family residential (R1) zones. This change is intended to promote affordable homeownership in lower-density neighborhoods. To comply with SB 1123, Section

8.170 has been amended to include R1 zoning as eligible for urban lot subdivisions, supporting the State’s goals for infill housing and broader housing choice.

Amendments to Chapter 9 – Definitions
To address HCD’s comments, staff revised several definitions under Section 9.10.030 to align with State law:

1. Accessory Dwelling Unit: Updated to clarify that ADUs may be located within manufactured homes or configured as efficiency units.

Staff Report: Development Code Amendments Ordinance First Reading Page 4 July 28, 2025

2. Accessory Structure: Clarified to exclude ADUs, JADUs, and Tiny Homes on Wheels for development standard purposes, while still recognizing them as accessory uses per Government Code Section 66319.

3. Single Unit Dwelling/Development: Expanded to acknowledge that a primary dwelling may include a legally established ADU or JADU as an accessory use.

Coastal Commission staff also recommended a minor amendment to Section 9.10.010 to clarify that all definitions are subject to the Local Coastal Program and must be interpreted in a manner consistent with the Coastal Act. These updates ensure the City’s definitions are consistent with State law and provide clear guidance for implementation.

Planning Commission Review and Recommendation
On July 1, 2025, the Planning Commission reviewed the proposed Development Code amendments and expressed general support, with no recommended changes to the draft ordinance. While the Commission had no specific comments on the Development Code items, a broader discussion emerged regarding State ADU regulations, particularly the lack of parking requirements for ADUs under State law. Further discussion is provided in the ADU Ordinance Amendment staff report.

Coastal Commission and Local Coastal Program Amendment
The Ordinance would amend Chapters 2, 3, 4, 5, 6, 8, and 9 of the Development Code (Article IX of the Municipal Code). Development Code Section 1.20.060 identifies all chapters and sections that constitute the ordinances for the implementation of the City’s 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 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 Ordinance and Resolution 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 Staff Report: Development Code Amendments Ordinance First Reading Page 5 July 28, 2025
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) and resolution to amend the Local Coastal Program by revising Chapter 2 (Zones and Allowable Land Uses), Section 3.10.020 (Fences and Walls), Section 3.10.030 (Height Limits and Exceptions), new Section 3.10.062 (Edge Conditions), amendments to Sections 3.10.065 (Screening), 3.10.080 (Upper Story Open Spaces), 4.10.030 (Accessory Structures), 5.10.030 (General Provisions), Chapter 6 (Procedures), 8.20.060 (Review Authority for Subdivision Decisions), new Section 8.170 (Urban Lot Subdivisions), and amendments to Chapter 9 (Definitions) and schedule the 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. Development Code Amendment Legislative Draft
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 INCLUDING
AMENDMENTS TO CHAPTER 2 (ZONES AND ALLOWABLE LAND USES), SECTIONS 3.10.020 (FENCES AND WALLS), SECTION 3.10.030 (HEIGHT LIMITS AND EXCEPTIONS), NEW SECTION 3.10.062 (EDGE CONDITIONS), AMENDMENTS TO SECTIONS 3.10.065 (SCREENING), 3.10.080 (UPPER STORY OPEN SPACES), 4.10.030 (ACCESSORY STRUCTURES), 5.10.030 (GENERAL PROVISIONS), CHAPTER 6 (PROCEDURES), 8.20.060 (REVIEW AUTHORITY FOR SUBDIVISION DECISIONS), NEW SECTION 8.170 (URBAN LOT SUBDIVISIONS), AND AMENDMENTS TO CHAPTER 9 (DEFINITIONS),

THE PROJECT ALSO INCLUDES A LOCAL COASTAL PROGRAM
AMENDMENT.

WHEREAS, the City of Grover Beach (“City”) is a general law city and a political subdivision of the State of California; and
WHEREAS, on June 13, 2022, the City of Grover Beach adopted a comprehensive update of the Development Code (Ordinance No. 22-06); and
WHEREAS, on December 16, 2022, the California Coastal Commission certified the comprehensive update of the Development Code and associated Local Coastal Program amendment (Ordinance No. 22-06); and
WHEREAS, City staff has committed to regular reviews of the Development Code to reflect best practices and identify opportunities for improvements to standards, procedures, and implementation.; and
WHEREAS, the City Council of the City of Grover Beach conducted a public hearing in the Council Chamber of City Hall, 154 South 8th Street, Grover Beach, California on May 28, 2024, for the purpose of provide policy direction to staff regarding various amendments to the City’s Development Code (Municipal Code Article IX); and
WHEREAS, the Planning Commission of the City of Grover Beach conducted a public hearing in the Council Chamber of City Hall, 154 South 8th Street, Grover Beach, California on August 6, 2024, for the purpose of review and 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 Ordinance No. 25-XX Page 2 of 89
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 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 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 July 28, 2025, 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 ____________, 2025, for the purpose of adopting the various amendments to the City’s Development Code 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.

Ordinance No. 25-XX Page 3 of 89
Part 3. Article IX Development Code, Chapter 2 Section 2.10.040 entitled “Allowable Land Uses and Development Application Requirements” Subsection C is hereby amended to read as follows:

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

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

1. Development Permit (Section 6.20.060);

2. Administrative Development Permit (Section 6.20.020);

3. Coastal Development Permit (Section 6.20.040);

4. Administrative Coastal Development Permit (Section 6.20.040)

5. Zoning Clearance (Section 6.20.110).

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

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

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

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

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

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

P P P P P P
Home Occupation P P P P P P Section 6.20.070
Junior Accessory Dwelling Unit (JADU) P P P P P P Section 4.10.015 Ordinance No. 25-XX Page 4 of 89
Multi- Unit Attached Dwelling -- -- P P P P Section 4.25.040, Section 4.25.050
Multi-Unit Detached Dwelling/Cluster
Developments
-- -- P P P P Section 4.25.030
Residential Care – 1 to 6 clients P P P P P P
Residential Care – 7 or more clients -- -- -- -- UP UP
Short-Term Rental (STR) P P P P P P Section 4.10.185
Single-Unit Dwelling P P P P P P Section 2.20.050,
Section 4.25.020
Single Room Occupancy (SRO) Facility -- -- UP UP UP UP Section 4.10.200 Senior Housing -- -- P P P P Section 4.10.180
Tiny Homes on Wheels P P P P P P Section 4.10.215
Transitional and Supportive Housing P P P P P P
Urban Dwelling Units P P - - - - Section 4.25.060
Recreational, Education & Public
Assembly
Community Gardens P P P P P P
Meeting Facility (public or private) UP UP UP UP UP UP
Park or Playground (public) UP UP UP UP UP UP
Public or Quasi-Public Facility UP UP UP UP UP UP
Transportation, Infrastructure & Public
Utilities
Parking Facility -- -- UP -- UP --
Public Utilities Facilities, Minor UP UP UP UP UP UP
Telecommunication Facility UP UP UP UP UP UP Section 4.40 End Note

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

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

Table 2.4 Commercial Zones Allowable Land Uses and Permit Requirements1 Land Use CB CBO NC RC VS/
CVS1
CC1 Specific Use
Regulations
Manufacturing Uses
High Technology Uses P4 P4 -- -- P4 P
Manufacturing - Artisan -- -- -- -- -- UP
Recreation, Education & Public Assembly
Commercial Recreation Facility -
Indoor
< 3,000 sf UP UP UP UP UP UP
> 3,000 sf UP UP -- UP UP UP
Ordinance No. 25-XX Page 5 of 89
Table 2.4 Commercial Zones Allowable Land Uses and Permit Requirements1 Land Use CB CBO NC RC VS/
CVS1
CC1 Specific Use
Regulations
Commercial Recreation Facility –
Outdoor -- -- -- -- UP UP
Health/Fitness Facility
< 3,000 sf P P P P UP4 UP Section 4.10.135
> 3,000 sf UP UP UP UP UP4 UP
Meeting Facility (public or private)
< 3,000 sf -- P P P P UP
> 3,000 sf -- P P P UP UP
Park or Playground (public) P P P P P P
Public or Quasi-Public Facility UP UP UP UP UP UP
Recreational Vehicle (RV) Park -- -- -- -- UP --
Specialized Education/Training -- UP -- UP -- UP
Studio – Art, Dance, Martial Arts
< 3,000 sf P P P P UP UP Section 4.10.135
> 3,000 sf UP UP UP UP UP UP
Residential
Accessory Dwelling Unit (ADU) P P P P P P
Only in conjunction with a
permitted or existing
residential use.

Section 4.10.015
Communal Housing -- UP -- -- -- --
Home Occupation P P P P P P Section 6.20.070
Live/Work Unit -- UP UP -- UP7 UP Section 4.10.090
Low Barrier Navigation Center P P P P P P Section 4.10.095 Mixed-Use Project P P P UP UP2 UP Section 4.25.040
Section 4.25.050
Multi-Unit Attached Dwelling -- P -- -- -- -- Section 4.25.040 Section 4.25.050
Residential Care Facility for the Elderly
(RCFE) UP4 UP -- -- -- --
Senior Housing P4 P -- -- -- -- Section 4.10.180
Short-Term Rental (STR) P P P P P P Section 4.10.185
Single Room Occupancy (SRO)
Facility -- UP -- -- -- -- Section 4.10.200
Transitional and Supportive Housing P P P P P2 P
Retail
Adult Business -- -- -- UP -- -- Section 4.20
Automobile Service Station -- -- -- UP -- --
Bar/Tavern/Night Club UP UP -- UP UP --
Building/Landscape Materials, Indoor P P -- P -- --
Building/Landscape Materials, Outdoor -- UP -- UP -- -- General Retail, except the following: P P P P P P
Alcoholic Beverage Sales UP UP UP UP UP --
Drive-thru -- -- -- UP -- --
Ordinance No. 25-XX Page 6 of 89
Table 2.4 Commercial Zones Allowable Land Uses and Permit Requirements1 Land Use CB CBO NC RC VS/
CVS1
CC1 Specific Use
Regulations
Floor area (single tenant over
5,000 square feet) P P -- P P P
Operating between 10:00
p.m. and 7:00 a.m. UP UP -- UP UP UP
Resale Stores P P P P P P Section 4.10.160
Thrift Store P P P P -- -- Section 4.10.210
Plant Nursery P P -- P P P
Mobile Vendor P P P P P P Section 4.10.115
Restaurant P P P P P UP
Drive-thru -- -- -- UP -- --
Live Entertainment P P P P P UP Section 4.10.080
Sidewalk Seating P P -- -- P -- Section 4.10.190
Vehicle Sales -- -- -- UP -- --
Wine Tasting P P -- -- P P
Services
Animal Care Facility -- UP UP UP -- UP
Automated Teller Machine (ATM) P P P P P P
Business Support Services P P P P -- P
Child Day Care - Day Care Center P P P P P P Section 4.10.070 Equipment Rental -- -- -- UP -- --
Financial Institutions P P -- P -- --
Lodging UP UP -- UP3 UP UP
Massage Establishment P4 P P P P4 P Section 4.10.100
Medical Services - Clinic or Urgent
Care -- UP -- UP -- --
Medical Services – Doctor’s Office P P P P -- UP
Medical Services - Extended Care -- UP4 -- UP -- --
Office – Business/Service P P P P P4 P
Office - Professional P P P P P4 P
Office – Visitor Serving -- -- -- -- P P
Personal Services P P P P P UP
Personal Services -Restricted -- -- -- UP -- --
Repair Services – Small Equipment -- P P P -- --
Recycling Facility – Reverse Vending
Machines -- P -- P -- -- Section 4.10.150
Recycling Facility – Small Collection
Facility -- P -- P -- -- Section 4.10.150
Vehicle Rental -- UP -- UP UP 5 UP 5
Vehicle Repair and Services -- -- -- UP -- --
Transportation & Infrastructure
Parking Facility UP UP UP UP UP UP
Public Utilities Facilities, Minor UP UP UP UP UP UP
Telecommunication Facility UP UP UP UP UP6 UP Section 4.40 Ordinance No. 25-XX Page 7 of 89
Table 2.4 Commercial Zones Allowable Land Uses and Permit Requirements1 Land Use CB CBO NC RC VS/
CVS1
CC1 Specific Use
Regulations
End Note

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

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

3. Use not allowed on West Grand Avenue.

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

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

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

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

Legend
P Permitted Use
UP Use Permit Required
-- Use Not Allowed
Part 8. Article IX Development Code, Chapter 2 Section 2.30.050 entitled “Commercial Zones Design Standards” is hereby renamed “Commercial Zoes Miscellaneous Standards” and Subsections A through E are hereby amended to read as follows:

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

B. Performance Standards.

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

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

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

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

D. Adjacency to Residential Zones. See Section 3.10.062 (Edge Conditions) Ordinance No. 25-XX Page 8 of 89
E. Design Standards. Nonresidential projects within commercial zones shall comply with the following design standards:

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

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

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

3.10.075 (Trash Enclosures).

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

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

Table 2.6 Industrial Zones Allowable Land Uses and Permit Requirements1 Land Use CI1 CIC1 I Specific Use Regulations
Industry, Manufacturing & Processing
High Technology Uses P P P
Manufacturing, Artisan P P P Section 4.10.130
Manufacturing/Processing, Heavy -- -- UP Section 4.10.130 Manufacturing/Processing, Light P P P Section 4.10.130
Manufacturing/Processing, Medium UP -- UP Section 4.10.130 Media Production P P P
Commercial Cannabis UP UP UP Section 4.10.045
Printing and Publishing P P P
Recycling Facility – Processing -- -- UP Section 4.10.150 Storage – Warehouse P P P
Storage – Outdoor UP -- UP Section 4.10.130
Storage – Personal Storage Facility P -- P Section 4.10.140 Storage - Vehicle UP -- UP Section 4.10.130
Wholesaling and Distribution P P P
Recreation, Education & Public Assembly
Commercial Recreation Facility – Indoor UP UP UP
Commercial Recreation Facility – Outdoor UP -- UP
Health/Fitness Facility UP UP UP Section 4.10.135
Meeting Facility (public or private) UP UP UP
Studio – Art, Dance, Martial Arts UP UP UP Section 4.10.135 Public or Quasi-Public Facility UP UP UP
Ordinance No. 25-XX Page 9 of 89
Table 2.6 Industrial Zones Allowable Land Uses and Permit Requirements1 Land Use CI1 CIC1 I Specific Use Regulations
Specialized Education/Training UP UP UP
Residential
Accessory Dwelling Unit P P P Section 4.10.015
Caretaker’s Residence P P P Section 4.10.050
Home Occupation P P P Section 6.20.070
Live/Work Unit UP UP UP Section 4.10.090
Low Barrier Navigation Center P P P Section 4.10.095
Mixed-Use Project -- UP -- Section 4.25.040, Section

4.25.050
Short-Term Rental (STR) -- P -- Section 4.10.185
Transitional and Supportive Housing P P P
Retail
Accessory Retail and Service Uses P P P Section 4.10.020 Adult Business UP -- -- Section 4.20
Automobile Service Station UP -- UP
Building/Landscape Materials, Indoor P -- P
Building/Landscape Materials, Outdoor UP -- UP Section 4.10.130 Fuel Dealer UP -- UP
General Retail P P P
Mobile Vendors P P P Section 4.10.115
Plant Nursery P -- P
Restaurant UP UP UP
Vehicle Sales P -- P
Services
Automated Teller Machine (ATM) P P P
Animal Boarding or Kennel P -- P
Animal Care Facilities P -- P
Business Support Services P P P
Catering Service P P P
Equipment Rental P -- P Section 4.10.130
Lodging -- UP --
Maintenance Service – Client Site Services P UP P Section 4.10.130 Medical Services – Clinic or Urgent Care P -- P
Mortuary/Funeral Home UP -- UP
Office – Business/Service P P P
Office – Processing P P P
Office – Professional P P P
Recycling Facility – Large Collection -- Section 4.10.150 Recycling Facility – Processing UP -- UP Section 4.10.150 Recycling Facility – Reverse Vending Machine P -- P Section 4.10.150 Recycling Facility – Small Collection P -- P Section 4.10.150 Ordinance No. 25-XX Page 10 of 89
Table 2.6 Industrial Zones Allowable Land Uses and Permit Requirements1 Land Use CI1 CIC1 I Specific Use Regulations
Repair Service – Large Equipment P -- P Section 3.10.065; Section

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

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

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

Table 2.7 Industrial Zones Development Standards

CI CIC I
Building Placement Requirements
Setbacks
Front and Street Side
Adjacent to Residential Zone
10’
15’
10’
NA
10’
15’
Side
Adjacent to Residential Zone
0’
10’
0’
NA
0’
10’
Rear
Adjacent to Residential Zone
0’
10’
0’
NA
0’
10’
Building Form Requirements
Building Height (max.) 40’ 1 40’ 40’ 1
Coverage (max.) 60% 60% 60%
Density/Intensity Requirements
Residential Density (units/acre) – maximum2 N/A 20 N/A
FAR (max.) 1.0 1.0 1.0
Lot Requirements
Lot size (min.) 10,000 sf 10,000 sf 20,000 sf
Lot Width (min.) 60’ 60’ 100’
Lot Depth (min.) 100’ 100’ 100’
Other Requirements
Ordinance No. 25-XX Page 11 of 89
Table 2.7 Industrial Zones Development Standards

CI CIC I
Landscaping (min.) 5% 5% 5%
Fences, Walls and Screening See Section 3.10.020, Section 3.10.065 Parking See Section 3.50
Signs See Section 3.60
End Note

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

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

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

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

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

2. Building Design. Buildings visible from a street shall use exterior building and trim materials consisting of a minimum of two complementary materials. The building entryf shall be a focal point with enhanced architectural features. Building elevations visible from a street shall incorporate architectural treatments and/or variations in building setbacks to avoid large unarticulated/monotonous building and roof planes.

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

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

3.10.065 (Screening).

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

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

3.10.075 (Trash Enclosures).

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

6.20.072 (Modification to Standards).

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

Ordinance No. 25-XX Page 12 of 89
Table 2.8 Public Facilities Zone Allowable Land Uses and Permit Requirements1 Land Use PF Specific Use Regulations
Recreation, Education & Public Assembly
Community Gardens P
Park or Playground (public) P
Public or Quasi-Public Facility UP
Transportation, Infrastructure & Public Utilities
Parking Facility P
Public Utilities Facilities, Minor P
Public Utilities Facilities, Major UP
Telecommunication Facility UP Section 4.40
End Note

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

2.10.040.C.

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

Table 2.9 Parks & Recreation Zone Allowable Land Uses and Permit Requirements1 Land Use PR Specific Use Regulations
Recreation, Education & Public Assembly
Community Gardens P
Park or playground (public) P
Public or Quasi-Public Facility P
Transportation & Infrastructure
Parking Facility P
Public Utilities Facilities, Minor P
Telecommunication Facility UP Section 4.40
End Note

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

2.10.040.C.

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

Table 2.10 Open Space Zones Allowable Land Uses and Permit Requirements1 Ordinance No. 25-XX Page 13 of 89
Land Use OS COS1 CGC1 CPB1 CVB1 Specific Use
Regulations
Recreation, Education & Public Assembly
All Open Space, Recreational, Scientific &
Educational Uses -- -- -- P3 P4
Beach Use – Pedestrian Only -- -- -- P --
Beach Use – Vehicles Allowed -- -- -- -- P
Community Gardens P -- -- -- --
Golf Course (Public) -- -- P -- --
Open Space, Undisturbed P P2 -- -- --
Park or Playground (public) P -- -- -- --
Passive Use Facilities P P P P P
Public or Quasi-Public Facility UP UP -- -- --
Scientific/Educational Wildlife Preserves -- P -- -- -- Transportation & Infrastructure
Parking Facility UP UP -- -- --
Telecommunication Facility UP UP5 UP5 -- -- Section 4.40 End Notes

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

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

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

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

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

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

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

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

Ordinance No. 25-XX Page 14 of 89
D. General Measurement. The fence or wall height shall be measured from the lowest adjacent grade to the uppermost part of the fence or wall (Refer to Figure 3.1 – Measurement of Fences and Walls). Fences and walls located within the sight triangle area as depicted in City’s Engineering Standard and Specification (B.21) shall be measured from the roadway grade.

Figure 3.1 – Measurement of Fences and Walls.

E. Height Maximums.

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

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

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

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

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

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

Ordinance No. 25-XX Page 15 of 89
Figure 3.2 – Fence and Wall Setback Areas.

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

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

Ordinance No. 25-XX Page 16 of 89
Figure 3.3 – Example of 75% Transparency Calculation

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

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

Ordinance No. 25-XX Page 17 of 89
Figure 3.4 – Measurement of Arbor, Trellis, or Ornamental Feature F. Retaining Walls and Fences on Retaining Walls. Fences and walls located on retaining walls shall comply with the following standards:.

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

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

Ordinance No. 25-XX Page 18 of 89
ii. Exception. Fences located in the front or street side setback that are set back at least two feet from the retaining wall, as measured from the back of the retaining wall to the front of the fence, shall be measured separately from the retaining wall height.

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

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

Ordinance No. 25-XX Page 19 of 89
Figure 3.7 – Measurement of Retaining Wall and Fence Located on Higher Lot c. Measurement and Spacing. Fences and walls shall have a minimum spacing of three feet between each other to be considered separate structures for purposes of measuring height.

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

Figure 3.8 – Measurement of Fence on Landscaped Berm
Ordinance No. 25-XX Page 20 of 89
H. Fences and walls located within the public right-of-way. Fences and walls that comply with the requirements of this Section may be located within the public right-of-way behind the existing or future sidewalk location if an Encroachment Permit is issued.

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

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

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

J. Alternative Compliance.

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

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

Part 16. Article IX Development Code, Chapter 3 Section 3.10.030.D entitled “Exceptions to Height Limits” Subsection 1 is hereby amended to read as follows:

4. Elevator shaft or stairway. An elevator or stairway to a rooftop deck/upper story open space that is no more than 100 square feet in area and set back from any building edge by at least five feet may exceed the maximum height limit by up to eight feet subject to approval of a Modification to Standards (Section 6.20.072). Elevator shafts or stairways that exceed these requirements require Use Permit approval.

Part 17. Article IX Development Code, Chapter 3 is hereby amended to include a new Section 3.10.062 entitled “Edge Conditions” and add Table 3.2, and Figure 3.11 (existing Tables

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

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

3.10.062 Edge Conditions
Ordinance No. 25-XX Page 21 of 89
A. Purpose. The purpose of these regulations is to minimize potential operational impacts of nonresidential land uses and development within the City and promote compatibility with adjoining residential areas and land uses.

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

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

D. Landscaping.

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

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

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

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

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

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

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

Ordinance No. 25-XX Page 22 of 89
Table 3.2 Edge Conditions Minimum Setbacks
Maximum Building Height1 Minimum Required Setback
1-25 feet 10 feet (minimum setback)2
26-34 feet 15 feet
35+ feet 20 feet
Notes:

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

2. Setbacks for Accessory Dwelling Units shall comply with Section 4.10.015 (Accessory Dwelling Units)
Figure 3.11 –Edge Conditions Side and Rear Setback Requirement.

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

Part 18. Article IX Development Code, Chapter 3 Section 3.10.065 entitled “Screening” is hereby amended to read as follows:

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

B. Mechanical Equipment.

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

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

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

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

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

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

Ordinance No. 25-XX Page 23 of 89
C. Loading Docks and Loading Areas.

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

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

D. Trash Receptacles. Trash, green waste, and recycling receptacles shall not be located within the front yard setback area, except as provided in Municipal Code Article V Chapter 4 Section 5401 (Regulations for Accumulation), and as stated below:

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

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

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

Part 19. Article IX Development Code, Chapter 3 Section 3.10.080 entitled “Upper Story/Rooftop Decks and Open Spaces” is hereby renamed “Upper Story Open Spaces” and amended to read as follows:

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

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

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

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

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

Ordinance No. 25-XX Page 24 of 89
Figure 3.12 – Setbacks for Upper Story Open Spaces
E. Design Standards.

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

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

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

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

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

6. Guardrails. The guardrail for any upper story open space shall be integrated into the design of the structure in terms of materials, colors, and architectural style. The guardrail Ordinance No. 25-XX Page 25 of 89
shall be designed with at least 50% opacity to visually obscure views of personal storage within the open space area.

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

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

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

6.20.072.B.10 can be made.

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

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

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

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

B. Applicability. This Section shall apply to all new accessory structures as defined in Chapter 9, located on the same site as the primary structure or use to which it is accessory, including, but not limited to, garages, carports, porte-cocheres, sheds, workshops, gazebos, greenhouses, cabanas, trellises, play structures, aviaries, covered patios, and decks greater than 30 inches above ground level. This Section shall not apply to Accessory Dwelling Units or Junior Accessory Dwelling Units, as described in Section 4.10.015 (Accessory Dwelling Units).

C. Permit Requirements. A building permit is required for all accessory structures except detached accessory structures that do not provide any electrical, plumbing, or other utility connections, may be exempt from the building permit requirement when the structure is less than 120 square feet and less than 10 feet in height. In the Coastal Zone, a Coastal Ordinance No. 25-XX Page 26 of 89
Development Permit or Administrative Coastal Development Permit is required unless exempt consistent with Section 6.20.040.B.2, prior to issuance of building permits.

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

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

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

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

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

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

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

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

Part 21. Article IX Development Code, Chapter 5 Section 5.10.030 entitled “General Provisions” Subsection B is hereby amended to read as follows:

B. Basis for establishing the areas of special flood hazards. The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the most recent edition adopted by City Council by Resolution of the “Flood Insurance Study (FIS) for San Luis Obispo County, California and Incorporated Areas”, with accompanying Flood Insurance Rate Maps (FIRM’s) and Flood Boundary and Floodway Maps (FBFM’s) are hereby adopted by reference and declared to be a part of this Section. This FIS and attendant mapping is the minimum area of applicability of this Section and may be supplemented by studies for other areas which allow implementation of this Section and which are recommended to the Council by the Floodplain Administrator. In addition, the area of special flood hazards shall be expanded to include areas that are expected to be Ordinance No. 25-XX Page 27 of 89
inundated by continued and accelerated sea level rise over the expected life of the development. The area potentially subject to sea level rise shall be based upon up-to-date scientific papers and studies, agency guidance (such as the 2012 National Research Council report Sea-Level Rise for the Coasts of California, Oregon, and Washington: Past, Present, and Future) and reports by national and international groups such as the Intergovernmental Panel on climate Change. The study, FIRM’s and FBFM’s are on file at the City of Grover Beach Community Development Department, 154 South Eighth Street, Grover Beach, California.

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

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

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

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

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

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

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

Table 6.1 Review Authority
Type of Action1 Code Section Review Authority2
Director Commission Council
Legislative Actions
General Plan Amendment 7.30 Recommend Recommend Decision Local Coastal Program Amendment 7.30 Recommend Recommend Decision3 Development Code Amendment 7.30 Recommend Recommend Decision Financial Assistance Council Policy Recommend No action Decision Non-Administrative & Quasi-Judicial Actions
Coastal Development Permit 6.20.040 Recommend Decision Appeal Changes to an Approved
Development, Major 6.30.070 Recommend Decision Appeal
Development Permit 6.20.060 Recommend Decision Appeal
Ordinance No. 25-XX Page 28 of 89
Table 6.1 Review Authority
Type of Action1 Code Section Review Authority2
Director Commission Council
Use Permit 6.20.090 Recommend Decision4 Appeal4
Variance 6.20.100 Recommend Decision Appeal
Administrative Actions
Administrative Development Permit 6.20.020 Decision Appeal Appeal Administrative Coastal Development
Permit 6.20.040 Decision Appeal Appeal
Changes to an Approved
Development, Minor 6.30.070 Decision - -
Zoning Clearance5 6.20.110 Decision6 -- --
Home Occupation Permit 6.20.070 Decision Appeal Appeal
Modification to Standards 6.20.072 Decision7 Appeal7 Appeal Short-Term Rental Permit 4.10.185 Decision Appeal Appeal Temporary Use Permit 6.20.080 Decision Appeal Appeal
Interpretations 1.20.050 Decision Appeal Appeal
Note:

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

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

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

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

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

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

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

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

A. Pre-application.

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

2. The purpose of the review is to:
a. Inform the applicant of development and design standards as they apply to the proposed development;
b. Review the City’s permit process, possible development alternatives, or modifications; and
Ordinance No. 25-XX Page 29 of 89
c. Identify information and materials the City typically requires for similar applications, and any necessary technical studies and information relating to the environmental review of the development (if applicable).

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

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

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

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

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

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

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

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

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

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

3. Submittal of additional information.

Ordinance No. 25-XX Page 30 of 89
a. When an application is incomplete, the time used by the applicant to submit the required additional information shall not be considered part of the time within which the determination of completeness shall occur.
b. The Director’s review of any information resubmitted by the applicant shall be accomplished in compliance with Subparagraph A.1., above, along with another 30- day period of review for completeness for each resubmittal as necessary.

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

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

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

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

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

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

F. Precedence.

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

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

Ordinance No. 25-XX Page 31 of 89
Part 28. Article IX Development Code, Chapter 6 Section 6.20.020 entitled “Administrative Development Permit” is hereby amended to read as follows:

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

B. Applicability. Any project subject to an Administrative Development Permit that is located within the Coastal Zone shall also be subject to an Administrative Coastal Development Permit pursuant to Section 6.20.020. An Administrative Development Permit is required for the following types of projects:

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

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

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

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

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

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

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

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

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

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

D. Review Authority. The Director shall approve, conditionally approve, or deny an Administrative Development Permit application. The Director, at the Director’s sole discretion, may elevate the application for review by the Planning Commission.

Ordinance No. 25-XX Page 32 of 89
E. Application Requirements. An application for an Administrative Development Permit shall be prepared, filed, and processed in compliance with Section 6.10 (Permit Application Filing and Processing).

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

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

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

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

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

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

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

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

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

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

Part 29. Article IX Development Code, Chapter 6 Section 6.20.040 entitled “Coastal Development Permit” is hereby amended to read as follows:

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

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

C. Applicability. All properties within the coastal zone, as defined in the California Coastal Act, are subject to the provisions of this Section.

Ordinance No. 25-XX Page 33 of 89
D. Conflicting Provisions. If conflicts occur between other procedures in Article IX of the Grover Beach Municipal Code and the procedures of this Section, this Section shall control.

E. Permit Requirements.

1. Administrative Coastal Development Permit. An Administrative Coastal Development Permit is required to authorize any non-appealable development project located within the Coastal Zone per Section 6.20.020.B (Administrative Development Permits), except as otherwise provided in Subsection 3 (Exemptions). The requirements for obtaining an Administrative Coastal Development Permit shall be in addition to requirements to obtain any other permits required by this Development Code, including, but not limited to, Section 6.20.110 (Zoning Clearance).

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

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

F. Review Authority.

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

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

3. Coastal Commission Purview. The City does not have jurisdiction to issue Coastal Development Permits for the following:
a. Development projects located in tidelands, submerged lands, and public trust lands as described in Section 30519(b) of the Public Resources Code and described as areas of Coastal Commission Permit Jurisdiction illustrated on the Local Coastal Program Post-Certification Permit and Jurisdiction Map as amended. b. Coastal Development Permits issued by the Coastal Commission including condition compliance. Where either new development, or a modification to existing development, is proposed on a site where development was authorized in a Coastal Ordinance No. 25-XX Page 34 of 89
Commission issued Coastal Development Permit either prior to certification of the LCP or through a de novo action on an appeal of a City approved Coastal Development Permit and the permit has not expired or been forfeited, the applicant shall apply to the City for the Coastal Development Permit except for:
c. Requests for extension, reconsideration and revocation of the Coastal Commission issued permits;
d. Development that would lessen or negate the purpose of any specific permit condition, any mitigation required by recorded documents, any recorded offer to dedicate or grant of easement or any restriction/limitation or other mitigation incorporated through the project description by the permittee of a Coastal Commission issued Coastal Development Permit.

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

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

H. Determination of permit category. The Director shall determine if the proposed project requires a Coastal Development Permit and, if so, determine whether the project is appealable to the Coastal Commission, and determine the applicable review procedures as established herein. This determination may be appealed in compliance with Subsection 1 (Appeal of permit category determination).

1. Appeal of permit category determination. Where an applicant or interested person, including the City and the Coastal Commission staff have a question as to whether a development is exempted, excluded, non-appealable, or appealable, the following procedures shall establish whether a development is exempted, excluded, nonappealable or appealable:
a. The Director shall make a determination as to what type of development is being proposed (i.e. appealable, non-appealable) and shall inform the applicant of the notice and hearing requirements for that particular development. b. If the determination of the Director is challenged by the applicant or an interested person, or if the City wishes to have a Coastal Commission determination as to the appropriate designation, the Director shall notify the District Director of the Central Coast District Office of the Coastal Commission by telephone or in writing of the dispute/question and shall request the Executive Director's determination as to whether the development is categorically excluded, non-appealable or appealable. c. The Executive Director of the Coastal Commission shall, within two working days of the local government request (or upon completion of a site inspection where such Ordinance No. 25-XX Page 35 of 89
inspection is warranted), transmit a determination as to whether the development is categorically excluded, non-appealable or appealable.
d. Where, after the Executive Director's investigation, the Executive Director's determination is not in accordance with the City Director’s determination, the Coastal Commission shall hold a hearing for purposes of determining the appropriate designation for the area. The Commission shall schedule the hearing on the determination for the next Commission meeting (in the appropriate geographic region of the state) following the Executive Director’s determination.

I. Public hearing. At least one public hearing shall be held by the Commission on each application for appealable development as defined in Section 9.10.040 (Coastal Act Definitions) of this Development Code.

1. Such hearing shall occur no earlier than 10 calendar days following the mailing of the notice required in Subsection J (Public Notice). The public hearing may be conducted in accordance with existing City procedures or in any other manner reasonably calculated to give interested persons an opportunity to appear and present their viewpoints, either orally or in writing.

2. If a decision on a Coastal Development Permit is continued by the City to a time which is neither (a) previously stated in the notice provided pursuant to Subsection J, nor (b) announced at the hearing as being continued to a time certain, the City shall provide notice of the further hearings (or action on the proposed development) in the same manner, and within the same time limits as established in Subsection J.

3. Any person may submit written comments to the Director on an application for a Coastal Development Permit or Administrative Coastal Development Permit, or on an appeal of a Coastal Development Permit, at any time prior to the close of the public hearing. If no public hearing is required, written comments may be submitted prior to the decision date specified in the public notice. The Director shall forward the written comments to the appropriate Review Authority and the applicant.

J. Public notice.

1. Notice of Appealable & Non-Appealable Developments – Public Hearing Required. a. Notice of an application for a Coastal Development Permit that is appealable or nonappealable and requires a public hearing shall be provided at least 10 calendar days prior to the first public hearing on the development proposal as follows:
i. Notice shall be published in a newspaper of general circulation; ii. Notice by first class mail to any person who has filed a written request to be on the mailing list for that development project or for coastal decisions within the City; or any local, regional and state agencies known to be interested in the project;
iii. Notice by first class mail to all property owners within 300 feet and to all residents within 100 feet of the proposed project;
iv. Notice by first class mail to the Central Coast District of the Coastal Commission.

Ordinance No. 25-XX Page 36 of 89
b. The notice shall contain the following information:
i. A statement that the development is within the Coastal Zone; ii. The name of the applicant;
iii. The application number;
iv. A description of the development and its proposed location; v. The date, time and place at which the application will be heard by the city Review Authority;
vi. A brief description of the general procedure concerning the conduct of hearing and local actions;
vii. The procedures for filing local and Coastal Commission appeals, if applicable, including any local fees required.

2. Notice of Non-Appealable Developments – No Public Hearing Required a. Notice of an application for an Administrative Coastal Development Permit that is non-appealable and does not require a public hearing shall be provided at least 10 calendar days prior to the Director taking action on the development proposal as follows:
i. Notice by first class mail to all property owners and residents within 100 feet of the proposed project;
ii. Notice by first class mail to any person who has filed a written request to be on the mailing list for that development project or for coastal decisions within the City;
iii. Notice by first class mail to the Central Coast District of the Coastal Commission. b. The notice shall contain the following information:
i. A statement that the development is within the Coastal Zone; ii. The name of the applicant;
iii. The application number;
iv. A description of the development and its proposed location; v. The date the application will be acted upon by the Review Authority; vi. The general procedure for submitting comments prior to the Review Authority taking action on the proposed development;
vii. A statement that any comments must be received within 10 calendar days of the notice date.

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

Ordinance No. 25-XX Page 37 of 89
a. The proposed development as modified by any conditions of approval, is in conformity with the City’s certified Local Coastal Program and will not adversely affect coastal resources;
b. If the project is located between the first public road and the sea, that the project is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act of 1976 (commencing with Sections 30200 of the Public Resources Code); c. Feasible mitigation measures and/or alternatives have been incorporated to substantially lessen any significant adverse effects of the development on the environment;
d. The proposed development is consistent with the General Plan, this Development Code, and other City goals, policies, and standards, as applicable. e. The proposed location of the use and conditions under which it may be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity; and f. Public services are adequate to serve the proposed development.

2. Conditions of approval. The Review Authority may impose any reasonable conditions to ensure that the approval will comply with the findings required by Subsection K.

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

1. Finality of City action. The City's decision on an application for a Coastal Development Permit or Administrative Coastal Development Permit shall not be deemed final until:
a. The City's decision on the application has been made; b. All required findings have been adopted that the proposed development is or is not in compliance with the certified Local Coastal Program and, where applicable, with the public access and recreation policies of Chapter 3 of the Coastal Act; and c. All rights of local appeal identified in Section 7.020.040 (Appeals to the Coastal Commission) have been exhausted.

2. Notice procedures of Final City Action.
a. Final City action. Within seven calendar days of a final City action on a Coastal Development Permit or Administrative Coastal Development Permit application, the City shall provide notice of its action by first class mail to the Central Coast District office of the Coastal Commission and to any person who specifically requested this notice. The notice shall include the conditions of approval, written findings, and the procedures for appeal of the local decision to the Coastal Commission, if applicable. b. Failure of City to act in a timely fashion. If the applicant believes that the City failed to act on an application within the time limits in Government Code Sections 65950 through 65957.1, which provide that permit applications are deemed approved if the permitting agency has not acted within specified deadlines, and which further provide that a project cannot be deemed approved without the public notice required by law, the applicant shall notify the City, all interested persons, and the Coastal Ordinance No. 25-XX Page 38 of 89
Commission, in writing, of the claim that the development has been approved by operation of law. The notice shall specify the application that is claimed to be approved, the time, date, and place when the application was filed and deemed complete, and language stating the permit will be approved if the City does not act within 60 days.
c. Notice of City failure to act. When the City receives a notice that the time limits established in compliance with Government Code Sections 65950 through 65957.1 have expired, the City shall act on the application within 60 days of receipt of the notice required by law. If the City fails to act within 60 days of receipt of the notice required by law, the City shall notify the Commission and any person entitled to receive notice that the application has been locally approved by operation of law in compliance with Government Code Sections 65950 through 65957.1. The appeal period to the Coastal Commission for a project locally approved by operation of law shall begin to run only upon the receipt of the City notice in the Coastal Commission's office.

2.a.
c. When either of the circumstances in (a) or (b) occur, the Coastal Commission shall, within five calendar days of receiving notice of that circumstance, notify the City and the applicant that the effective date of the City action has been suspended.

M. Waiver of Coastal Development Permit for Minor Development. This Section provides for the waiver of a public hearing on a Coastal Development Permit for development that is appealable to the Coastal Commission, in compliance with Public Resources Code Section 30624.9. This Section shall not be used to waive the requirement for a public hearing on any other permit required by this Development Code to have a public hearing.

1. Applicability. The Director may waive the requirement for a public hearing on a Coastal Development Permit application for a minor development that is appealable to the Coastal Commission. For purposes of this section, “minor development” means a development which the City determines satisfies all of the following requirements:
a. Is consistent with the certified Local Coastal Program; b. Requires no discretionary approval other than a Coastal Development Permit; and c. Has no adverse effects, either individually or cumulatively, on coastal resources or public access to the shoreline or along the coast.

2. Criteria for waiver. A public hearing may be waived for minor development only if both of the following occur:

Ordinance No. 25-XX Page 39 of 89
a. Notice that a public hearing shall be held upon request by any person is provided by the City to all persons who would otherwise be required to be notified of a public hearing by Section 7.10 (Public Hearings), as well as any other persons known to be interested in receiving notice; and
b. No request for public hearing is received by the City within 15 working days from the date of the City sending the notice required by paragraph (a).

3. Content of notice. The notice required by Subsection 2.a shall include a statement that failure by a person to request a public hearing may result in the loss of that person's ability to appeal to the Coastal Commission any action taken by the City on a development application.

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

N. Coastal Development Permit Amendments. Upon application by the permittee, a Coastal Development Permit or Administrative Coastal Development Permit may be amended.

Application for an amendment shall be accomplished in the same manner specified by this Section for the initial application of the Coastal Development Permit or Administrative Coastal Development Permit, as applicable.

O. Post approval procedures. The procedures and requirements in Section 7.30 (Permit Implementation, Time Limits, Extensions, and Revocations), and those related to appeals in Chapter 7 (Administration), shall apply following the decision on an application for a Coastal Development Permit.

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

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

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

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

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

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

Ordinance No. 25-XX Page 40 of 89

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

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

C. Review Authority. The Commission is authorized to approve, conditionally approve, or deny Development Permit applications.

D. Application requirements. An application for a Development Permit shall be prepared, filed, and processed in compliance with Section 6.10 (Permit Application Filing and Processing).

E. Notice and hearing. Notice of the public hearing shall be provided and the hearing shall be conducted in compliance with Section 7.10 (Public Hearings).

F. Findings. The Commission may approve a Development Permit application only after making all of the following findings:

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

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

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

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

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

A. Purpose. This purpose of this Section is to provide the flexibility necessary to allow for minor deviations or exceptions from development standards and/or objective design standards applicable to development to respond to unique conditions of a property or project or to the conditions on adjacent properties, that constitute a reasonable use or development of a property that will be compatible with surrounding uses and development.

B. Applicability. An application for Modification to Standards may only be submitted for the following:

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

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

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

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

4. Modifications to fence or wall requirements, as established in Section 3.10.020.J (Alternative Compliance).

Ordinance No. 25-XX Page 41 of 89

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

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

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

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

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

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

C. Review Authority

1. Outside of Coastal Zone. The Director is authorized to approve, conditionally approve, or deny Modification to Standards for a singular minor exception to a development standard pursuant to Subsection B (items 2 through 10). Only the Planning Commission is authorized to approve, conditionally approve, or deny Modification to Standards seeking any type of exception from an objective design standard pursuant to Subsection B.1 and/or more than two minor exceptions to development standards pursuant to Subsection B (items 2 through 10).

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

Ordinance No. 25-XX Page 42 of 89
D. Application Requirements. An application for a Modification to Standards shall be prepared, filed, and processed in compliance with Section 6.10 (Permit Application Filing and Processing).

E. Public Notice, Hearing, and Appeals for Modification Reviewed by Director.

1. Notice Required. Notice of the intent by the Director to approve a Modification application, or approve with conditions, shall be mailed by the Director to the applicant and all owners of property within 100 feet of the exterior boundaries of the subject property. The notice shall state that any interested party may file an appeal to the Planning Commission of the Director’s intended decision within the 10-day period stated in the notice. In the event the Director acts to deny the application, no public notice shall be required. However, the Director shall notify the applicant of the right to appeal the denial to the Planning Commission.

3. Hearings. No public hearing shall be required for a Director-approved Modification to Standards. For Modification to Standards applications that require Planning Commission review, notice of the public hearing shall be provided and the hearing shall be conducted in compliance with Section 7.10 (Public Hearings).

F. Findings. A Modification to Standards shall be approved only after the Review Authority makes both findings in Subsection F.1 and F.2 and either of the findings in Subsection F.3 or F.4:

1. The Modification to Standards conforms with the purpose, intent, goals, policies, programs, and land use designation of the General Plan, Development Code, Local Coastal Plan, and any applicable specific plan.

2. The Modification to Standards will not be detrimental to the health, safety, or general welfare of the persons within the vicinity.

3. Site characteristics or existing improvements make strict adherence to the development standard impractical or infeasible.

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

6.20.120.B.2. The Modification to Standards will result in a superior design approach suited to the type of development, circumstances at the property or adjacent property(ies), and/or constitutes a reasonable design solution that improves compatibility with surrounding development.

G. Conditions of Approval. In approving a Modification to Standards, the Review Authority may impose conditions of approval to ensure that the development will comply with the findings required by Subsection F.

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

Ordinance No. 25-XX Page 43 of 89
A. Purpose. This Section establishes procedures and standards for Temporary Use Permits for short-term activities, specified in this Section. These are uses or events that may not comply with standards of the applicable zone, but may otherwise be acceptable because of their temporary nature, if reviewed and appropriately conditioned in compliance with this Section.

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

B. Applicability. A Temporary Use Permit is required to permit the short-term activities specified in this Section.

C. Review Authority. The Director is authorized to issue Temporary Use Permits. The Director shall approve, conditionally approve, or deny Temporary Use Permits.

D. Application requirements.

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

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

E. Exempt Short-Term Activities. The following activities are allowed without a Temporary Use Permit, but may require other permits as specified:

1. Construction yards - On-site. On-site contractor's construction yard for an approved construction project including storage or cargo containers. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the Building Permit authorizing the project construction, whichever occurs first.

2. Fund-raising events.
a. Fund raising events (e.g., bake sales, yard sales, car washes, etc.) conducted on property within a non-residential zone, limited to a maximum of two days per month for each sponsoring organization.
b. Sponsorship shall be limited to educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with 501(c) of the Federal Revenue and Taxation Code.

3. Garage sales. Garage sales may be held in compliance with Section 4.10.077 (Garage Sales).

4. Public right-of-way. Activities conducted within the public right-of-way that are authorized by an Encroachment Permit.

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

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

7. Meeting halls or public assembly facilities. Events that occur at permanent meeting halls or public assembly facilities, unless the activity involves resale goods as defined in Ordinance No. 25-XX Page 44 of 89
Chapter 9 (Definitions), which shall require a Temporary Use Permit to comply with the requirements of Section 4.10.160 (Resale Stores).

F. Allowed Short-Term Activities. A Temporary Use Permit may authorize the following shortterm activities within the specified time limits, but in no event for more than one year (12 months). Other activities that are not listed within the categories defined below shall instead comply with the Development Code requirements and development standards that otherwise apply to the property.

1. Event. Art and craft exhibits, carnivals, circuses, fairs, farmer’s markets, festivals, flea markets, food events, open-air theaters, outdoor entertainment/sporting events, promotional events, rummage sales, swap meets, and other special events.

2. Seasonal Sales Lots. Seasonal sales activities (e.g., Christmas tree lots, pumpkins, agricultural products grown on the premises, etc.) including temporary residence/security trailers.

3. Mobile Vendors on Private Property. A mobile vendor may operate a maximum of 10 days per calendar month on private property, subject to operating requirements established in Section 4.10.115.E (Operating Requirements).

4. Model home(s) and/or Sales Office. A model home(s) and/or sales office associated with a residential project. This may include off-site directional signs located on private property with written permission from the property owners. The maximum sign area shall be 36 square feet for each sign and a maximum sign height of six feet.

5. Temporary Structure. A temporary classroom, office, or similar structure (not for storage), including a manufactured or mobile unit, may be approved as an accessory use for a maximum of 12 months.

6. Temporary Storage Container. A temporary storage or cargo container not associated with an active building permit may be approved for a maximum of 30 days. The storage container shall be located on-site.

7. Temporary Office and Living Quarters. A trailer or mobile home used as a temporary work and/or living quarters when associated with an active construction site.

8. Construction Yards - Off-site. Off-site contractors' construction yards, for an approved non-City construction project. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the Building Permit authorizing the project, whichever occurs first.

9. Similar Short-Term Activities. A short-term activity that the Director determines is similar to the other activities listed in this Section, and compatible with the applicable zone and surrounding land uses.

G. Coastal Zone. Short-term activities occurring within areas of the Coastal Zone are excluded from Coastal Development Permit requirements except those which meet all of the following criteria:

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

2. Occupy all or a portion of a sandy beach area; and,
Ordinance No. 25-XX Page 45 of 89

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

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

I. Findings. The Director may approve a Temporary Use Permit subject to making all of the following findings:

1. The location, operation and time period of the temporary use will not constitute a hazard to the public interest, health, safety, or general welfare.

2. The operation of the temporary use will not be detrimental to adjoining properties through the creation of excessive dust, light, noise, odor, or other objectionable characteristics.

3. The proposed lot is adequate in size and shape to accommodate the temporary use without detriment to the enjoyment of other properties located adjacent to and in the vicinity of the subject lot.

4. The proposed lot is adequately and safely served by streets having sufficient capacity and improvements to accommodate the quantity of traffic that the temporary use will or could reasonably be expected to generate.

5. Adequate temporary parking to accommodate vehicular traffic to be generated by the use will be available either on-site or at an acceptable off-site location.

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

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

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

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

J. Conditions of Approval. In approving a Temporary Use Permit application, the Director may impose conditions that are deemed reasonable and necessary to ensure that the permit would be in full compliance with the findings required by Subsection I. This may include conditions from other City departments (e.g., Police, Fire, and Public Works) that may have a direct effect on the operation of the temporary use. Conditions may address any pertinent factors affecting the operation of the temporary event, or use, and may include the following:

1. Regulating the length of time for operations, operating hours and days.

2. Provision for adequate temporary pedestrian and vehicular circulation, and parking facilities.

3. Regulation of nuisance factors including mitigation of glare or direct illumination, dirt, dust, noise, odors, smoke, trash, and vibration on adjacent lots.

Ordinance No. 25-XX Page 46 of 89

4. Regulation of temporary structures and facilities, including placement, height, size, and location of equipment.

5. Provision to meet City building and fire code requirements.

6. Provision for sanitary and medical facilities, as appropriate.

7. Provision for solid, hazardous, and toxic waste collection, recycling, and/or disposal.

8. Provision for police/security and safety measures, as appropriate.

9. Regulation of signs.

10. Other conditions that would ensure that the operation of the proposed temporary use would be conducted in an orderly manner, and in full compliance with the purpose of this Section.

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

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

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

B. Applicability. A Zoning Clearance is required to verify that all requirements of this Development Code have been satisfied for any permitted use or “P” allowed by Chapter 2 (Zones and Allowable Land Uses) and where no discretionary permit approval to establish the use or development is required. In addition, a Zoning Clearance is required for the following projects:

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

5. Nonresidential development projects that consist of minor additions that are less than 1,000 square feet, modifications, reconstruction, rehabilitation, or remodel of any existing Ordinance No. 25-XX Page 47 of 89
non-residential structure or site that is determined by the Director to be of a superior design or consistent with the original approval for a completed development project.

6. Restriping or repaving of a parking lot which does not decrease the number of parking spaces required for an approved development project nor change the vehicle circulation patterns, unless otherwise required to comply with Americans with Disabilities Act (ADA) requirements.

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

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

9. As otherwise required by this Development Code.

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

1. Outside of Coastal Zone. Zoning Clearance is conducted by the Director and not subject to an appeal.

2. Within Coastal Zone. A Coastal Development Permit or Administrative Coastal Development Permit (Section 6.20.040) is required to authorize any Zoning Clearance for an expansion of use or development located in the Coastal Zone.

D. Application Requirements. An application for Zoning Clearance shall be prepared, filed, and processed in compliance with Section 6.10 (Permit Application Filing and Processing) to comply with the following:

1. A Zoning Clearance shall be filed concurrently with the Building Permit application, if applicable. An applicant may file a Pre-Application (Section 6.10.030) for a preliminary assessment of whether a contemplated project would comply with the development and design standards of the Development Code.

2. No person shall alter, install, occupy, or use any newly constructed or modified structure, or change or occupy any newly initiated or modified use, or type or class of use without first applying for and obtaining the required Zoning Clearance.

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

Unless otherwise specified or revoked pursuant to Section 6.30.080 (Permit Revocations), development applications and approvals granted in compliance with this Chapter shall run with the land, and shall continue to be valid upon a change of ownership of the site or structure to which it applies, with the exception of Home Occupation Permit (Section 6.20.070), Temporary Use Permits (Section 6.20.080), and Short-Term Rental Permits (Section 4.10.185).

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

B. Extensions

1. Filing and review of request
Ordinance No. 25-XX Page 48 of 89
a. Time for filing. The Applicant shall file an application for an extension of time with the Director before the expiration of the permit, together with the filing fee required by the City's Master Fee Schedule. The permit shall be automatically extended for 60 days, or until the application for the extension is approved, conditionally approved, or denied, whichever occurs last.
b. Evidence to be provided. The Review Authority shall determine whether the applicant has made a good faith effort to exercise the permit. The burden of proof is on the applicant to establish that circumstances beyond the control of the applicant (e.g., demonstrated problems with completing the acquisition of the lot, poor weather during periods of planned construction, financial circumstances, etc.) have prevented exercising the permit.
c. Initial extensions. The Director may grant two 12-month extensions to the time limit for any land use permit. The Director shall grant an extension only after finding that the land use permit does not contain conditions prohibiting the extension, pursuant to subparagraph B.1.b. Disapproval of a requested extension by the Director may be appealed to the Commission as set forth in Section 7.20 (Appeals). d. Third extension. The Planning Commission shall hold a public hearing on a third extension of time, after providing notice of the public hearing in compliance with Section 7.10 (Public Hearings) after the two initial extensions. e. An approved land use permit shall become void after the expiration of the third extension (or after the expiration of any previous extension when a request for further extension has not been filed before expiration) where substantial site work has not first occurred.

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

No more than three extensions in compliance with this Section shall be granted. b. If a project requires the issuance of a permit by the federal or state governments, or a local agency other than the City in order to be constructed, additional extensions may be granted beyond the extensions allowed in subsection 2.a, if the review authority can make a finding the delay in the project was not caused by the Applicant’s actions or failure to use due diligence in pursuing the required permits necessary to move forward with construction of the project.
c. The City shall provide notice of any final action on an application that extends the duration of a project located within the Coastal Zone. The notice shall be provided within seven calendar days of a final City action. The City shall provide notice of its Ordinance No. 25-XX Page 49 of 89
action by first class mail to the Central Coast District office of the Coastal Commission and to any person who specifically requested this notice. The notice shall include the conditions of approval, written findings, and the procedures for appeal of the local decision to the Coastal Commission, if applicable.

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

B. Notice and hearing. If the matter originally required a noticed public hearing, the Review Authority shall hold a public hearing in compliance with Section 7.10 (Public Hearings), except for the minor changes outlined in Subsection C. below.

1. The City shall provide notice of any final action on any determination of substantial compliance for projects located within the Coastal Zone. The notice shall be provided within seven calendar days of a final City action. The City shall provide notice of its action by first class mail to the Central Coast District office of the Coastal Commission and to any person who specifically requested this notice. The notice shall include the conditions of approval, written findings, and the procedures for appeal of the local decision to the Coastal Commission, if applicable.

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

1. Are consistent with all applicable provisions of this Development Code and conforms with the purpose, intent, goals, policies, programs, and land use designation of the General Plan, Local Coastal Plan, and any applicable specific plan; and

2. Do not involve a feature of the development that was:
a. A basis for findings in a Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report for the development;
b. A basis for conditions of approval for the development; or c. A specific consideration by the Review Authority (e.g., the Director, Commission, or Council) in approving the permit; and

3. Do not involve any expansion of the use of more than 10 percent, if located in the Coastal Zone east of Highway 1, and do not involve expansion of the use by any amount, if located in the Coastal Zone west of Highway 1.

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

6.40.010 Purpose
This Section provides requirements for the implementation of various Government Code Section requirements for housing development project streamlining, including the Housing Accountability Act, Government Code Section 65913.4 (SB 35), Government Code Section 65912.100 to Ordinance No. 25-XX Page 50 of 89
Section 65912.124 (AB 2011). Each of these laws establish streamlined review for qualifying multi-unit housing development and mixed-use development projects.

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

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

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

C. Effective Date.

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

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

D. Locations.

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

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

6.40.020 Application Processing
A. Application Filing.

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

The review authority’s scope of review is limited to all of the provisions contained in Ordinance No. 25-XX Page 51 of 89
Government Code Section 65913.4(a) and the objective standards in effect at the time of preliminary application submittal. A pre-application shall be filed on a form provided by the City with the required fee.

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

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

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

C. Compliance Determination.

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

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

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

E. Covenant Agreement. Prior to issuance of a building permit for a qualifying housing project, a covenant agreement must be recorded against the title of the property in the County Recorder’s office and a copy filed with the Director which certifies that project will comply with any “Prevailing Wage”, or “Skilled Workforce” provisions as required by SB 35 or AB 2011 (or any other similar legislation), unless otherwise exempt under the applicable Government Ordinance No. 25-XX Page 52 of 89
Code. The covenant agreement must run with the land and bind all future owners. The form of the covenant agreement will be provided by the City.

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

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

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

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

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

Table 8.1 Review Authority 4
Subdivision Types Code Section Review Authority
Director City Engineer Commission Council
Parcel Maps (4 or fewer parcels)
Parcel Map Waiver 8.30.030 Recommend 1 Decision Appeal Appeal Urban Lot Split (SB 9) 8.160 Recommend Decision -- --
Tentative Parcel Map 8.30.030 Recommend Recommend Decision Appeal Vesting Parcel Map 8.30.030 Recommend Recommend Decision Appeal Final Parcel Map 8.50.060 Recommend Decision Appeal Appeal Parcel Map Time
Extension 8.30.010 Recommend Recommend2 Decision Appeal Subdivision Maps (5 or more parcels)
Tentative Subdivision
Map 8.30.010 Recommend Recommend Decision Appeal
Vesting Subdivision Map 8.30.020 Recommend Recommend Decision Appeal Urban Lot Subdivision
(SB 684) 8.170 Recommend Decision - -
Final Subdivision Map 8.50 Recommend Decision3 Appeal Appeal Subdivision Map Time
Extension 8.30.010 Recommend Recommend Decision Appeal
Adjustments / Mergers / Reversions / Condo Conversions
Lot Line Adjustment 8.60 Recommend Decision -- --
Voluntary Lot Merger 8.120 Recommend Decision -- --
Revision to Acreage 8.110 Recommend Recommend -- Decision Ordinance No. 25-XX Page 53 of 89
Table 8.1 Review Authority 4
Subdivision Types Code Section Review Authority
Director City Engineer Commission Council
Certificate of
Compliance 8.60 Recommend Decision -- --
Condo Conversion 8.130 Recommend Recommend Recommend Decision Subdivision Exceptions 8.100 Recommend Recommend -- Decision Note:

1. Refer to Section 8.30.030.B

2. The City Engineer may approved an extension if the Parcel Map was approved by the City Engineer.

3. Subdivision Maps that require an offer of dedication shall be approved by the Council.

4. In the Coastal Zone, a Coastal Development Permit may be required. Refer to Section 6.20.040.

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

8.170.010 Authority and Purpose
The purpose of this Section is to implement the provisions of California Government Code Sections 65852.28, 65913.4, and 66499.41 (SB 684) regarding the allowance for Urban Lot Subdivisions and establishment of up to 10 dwelling units on properties zoned for single-unit or multi-unit residential development, specifically the R1, R2, CR2, R3, and CR3 zones.

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

8.170.030 Qualifying Requirements
A. Location. To qualify for an Urban Lot Subdivision the subject property shall be located within the R1, R2, CR2, R3, or CR3 zone, and shall comply with the following:

1. For properties zoned for single-unit dwellings, the property shall be vacant and no larger than one and a half acres in size and substantially surrounded by qualified urban uses. Vacant shall have the same meaning as Government Code Section 66499.41(a)(2)(A)(ii).

2. For properties zoned for multi-unit dwellings, the property shall be no larger than five acres and is substantially surrounded by qualified urban uses as defined in Section 21159.25 and 21072 of the Public Resources Code.

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

Ordinance No. 25-XX Page 54 of 89

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

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

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

C. Minimum Number of Dwellings.

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

2. If the property is not located within an Opportunity Site, then the development of the property shall result in at least 66% of the maximum allowable residential density for the property. If this number exceeds 10 dwelling units, the project does not qualify for an Urban Lot Subdivision.

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

E. Restrictions on Demolition. The proposed subdivision shall not qualify for an Urban Lot Subdivision if the project results in the demolition or alteration of any of the following types of housing:

1. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;

2. Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power; or

3. Housing that has been occupied by a tenant in the last five years, including housing that has been demolished or that tenants have vacated prior to the submission of the application.

8.170.040 Local Coastal Program Consistency
Ordinance No. 25-XX Page 55 of 89
A. Applicability. The Urban Lot Subdivision Standards shall not be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Cal.

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

B. Certified Local Coastal Program. For development within the Coastal Zone, any request for an Urban Lot Subdivision shall be consistent with all applicable requirements of the certified Local Coastal Program.

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

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

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

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

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

A. Application Type. Urban Lot Subdivisions require a tentative map application and a Zoning Clearance which shall be reviewed ministerially for compliance with the applicable regulations. A parcel map waiver shall not be permitted.

B. Application Filing. The tentative map application, including the required application materials and fees, shall be filed with the Community Development Department.

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

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

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

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

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

Ordinance No. 25-XX Page 56 of 89
F. Effectiveness of Approval. The ministerial approval of a Final Map for an Urban Lot Subdivision does not take effect until the city has confirmed that all required documents have been recorded in the office of the County Recorder.

8.170.060 Subdivision Standards
Any lot created through an Urban Lot Subdivision shall be subject to the standards and criteria set forth in this section. In addition, except as modified or provided by this section or State law, any lot created through an Urban Lot Subdivision shall conform to all objective standards applicable to the lot as set forth in Municipal Code Article IX Development Code Chapter 8 (Subdivision Regulations) and/or in an applicable specific plan or planned unit development ordinance or resolution, along with all applicable objective standards and criteria contained in standard plans and specifications, policies, codes, regulations, and/or standard conditions duly promulgated and/or adopted by the city. However, the following objective subdivision standards may supersede any other standards to the contrary that may be provided in this Development Code, as they pertain to creation of an urban lot subdivision under Section 66499.41 of the Government Code.

A. Flag/Corridor Lots. The access corridor of a flag/corridor lot parcel shall be in fee as part of the parcel and/or as an easement and shall be a minimum width of 14 feet, or 10 feet for lots with a depth of 200 feet or less.

B. Public Access. Each existing and newly created lot shall have access to a public right-ofway. Access shall be provided in compliance with these standards:

1. Vehicle access easements shall meet the following standards:
a.Easement width shall be a minimum of 14 feet, or 10 feet for lots with a depth of 200 feet or less and shall comply with Engineering Standards for driveway ramp improvements and widths.
b.The minimum length for a vehicle access easement is twenty feet. No maximum easement length shall be set. If easement length is more than seventy-five feet, a vehicle turnaround shall be provided.
c.Vehicle access easements shall not be located closer than twenty-five feet to an intersection.

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

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

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

5. Lots taking access by an easement must record a shared maintenance agreement for the driveway/accessway, or similar documentation allocating legal and financial rights and Ordinance No. 25-XX Page 57 of 89
responsibilities between the owners of the lots for construction, reconstruction, use, and maintenance. The agreement or similar documentation shall be recorded prior to or concurrently with the final map.

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

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

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

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

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

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

D. Minimum Lot Size. In no event shall any new parcel located on a property zoned for multiunit dwellings be less than 600 square feet in lot area for fee simple ownership lots, and no less than 1,200 square feet for properties zoned for single-unit dwellings, the minimum lot area for a flag/corridor lot shall be exclusive of the access corridor portion of the flag lot.

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

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

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

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

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

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

Ordinance No. 25-XX Page 58 of 89
E. Parking. One space per unit shall be provided and comply with Government Code Section 65852.21(c)(1).

F. Utility Connections. Existing units on a newly created lot shall be required to have their own utility connections and shall not share connections with any units on adjacent lots.

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

8.170.080 Exceptions to Objective Standards
Any housing development project constructed on a lot proposed to be subdivided as an Urban Lot Subdivision shall comply with all provisions set forth in Municipal Code Article IX (Development Code), except where the standard, policy, guideline, or code would physically preclude the development of the project to the maximum density allowed for the site, in accordance with California Government Code Section 65852.28(b)(2)(A).

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

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

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

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

A. General. This Chapter provides definitions of terms and phrases used in this Development Code that are technical or specialized, or that may not reflect common usage. If any of the definitions in this Chapter conflict with definitions in other provisions of the Municipal Code, these definitions shall control for the purposes of this Development Code. If a word is not defined in this Chapter, or in other provisions of the City of Grover Beach Municipal Code, the Director shall determine the definition.

For areas within the Coastal Zone, all definitions are subject to the City’s certified Local Coastal Program and shall be interpreted in a manner consistent with the Coastal Act.

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

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

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

Ordinance No. 25-XX Page 59 of 89

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

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

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

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

Part 42. Article IX Development Code, Chapter 9 Section 9.10.020 entitled “Definitions of Specialized Terms and Phrases” is hereby renamed as “Definitions of General Terms and Phrases” and amended to read as follows:

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

Accessory Structure. See 9.10.030 (Land Use Definitions). Acting in Concert. Persons, as defined by Government Code Section 82047, acting jointly to pursue development of real property, whether or not pursuant to a written agreement and irrespective of individual financial interest.

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

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

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

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

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

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

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

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

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

Ordinance No. 25-XX Page 60 of 89

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

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

Agent. A person authorized in writing by the property owner to represent and act for a property owner in contacts with City employees, Commissions, and the Council, regarding matters regulated by this Development Code.

Aggrieved Person. Anyone who, in person or through an explicitly identified representative, appeared at a public hearing before the Director, Commission, or Council in connection with the decision or appeal of any development, or who by other appropriate means before a hearing, informed the City of the nature of their concerns, unless for good cause was unable to do either.

Alcoholic Beverage Sales. The retail sale of beer, wine, and/or distilled spirits for on-premise or off-premise consumption.

Alley. A public or private roadway that provides vehicle access to the rear or side of lots having other public street frontage, which is not intended for general traffic circulation.

Allowed (Allowed Use). A land use identified by Chapter 2 as a permitted or conditional use that may be established with a Development Permit, Coastal Development Permit, Administrative Development Permit, Zoning Clearance, and/or building permit approval, subject to compliance with all applicable provisions of this Development Code.

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

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

Approval. Includes both approval and approval with conditions.

Architectural Treatment. Design elements on a building facade such as doors, windows, shutters, and accent materials which are not strictly necessary for the structural integrity of a building but are used to add texture and variety.

Awning. A light roof-like structure, supported entirely by the exterior wall of a building; consisting of a fixed or movable frame covered with cloth, plastic or metal; extending over doors, windows, and/or show windows; with the purpose of providing protection from sun and rain and/or embellishment of the façade.

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

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

Bedroom. A bedroom is any room within a dwelling that can be used for sleeping purposes with no less than 70 square feet of habitable floor area and no dimension less than seven (7) feet, Ordinance No. 25-XX Page 61 of 89
with at least one wall located along an exterior wall with a window that can be used for emergency egress. The following rooms/common spaces that are adjacent and open to common areas are not considered bedrooms; hallways, bathrooms, kitchens, dining rooms, living/family rooms, den/home office, laundry rooms, and other similar common areas typically providing within a dwelling.

Building. See “Structure”.

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

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

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

California Environmental Quality Act (CEQA). The California Environmental Quality Act (CEQA) and its implementing guidelines.

Canopy Structures. All structures, canopies, temporary carports, membrane structures or other canopies that are temporary coverings of plastic, cloth, nylon, or other similar materials supported by a frame, including, but not limited to, prefabricated canopies available from retail outlets.

Car Share. A car rental arrangement in which people rent a vehicle for short periods of time, often by the hour, and where available vehicles typically are parked on a public street or in a small parking lot.

Certificate of Occupancy. A clearance issued by the City indicating that a building or structure meets all code requirements for human occupancy and use.

Change in Plane. A shift in the vertical wall surface of a building.

City. The City of Grover Beach.

City Council. The City of Grover Beach City Council referred to in this Development Code as the “Council.”
Commercial Terrace: A frontage where a terrace extends along the building’s frontage providing public circulation, outdoor uses, and access to the commercial space entries. The terrace may be at grade or slightly above/below grade. This frontage is suitable for outdoor cafes and plazas.

Common Area Development. A subdivision or development that constructs and shares facilities, including but not limited to shared driveways, drainage basins, utility lines and components that serve areas utilized for the benefit of residents, sidewalks, clubhouses, open space, trails, and other facilities, regardless of underlying lots or parcel ownership.

Common Interest Development. Any of the following: a community apartment project, a condominium project, a planned development, or a stock cooperative identified in Civil Code Section 1351.

Community Development Director. See “Director”.

Concession. As used with regard to a density bonus, 1) reduction in site development standards or a modification of Development Code or architectural design requirements, such as a reduction in setback or minimum square footage requirements; 2) approval of mixed-use zoning; or 3) other Ordinance No. 25-XX Page 62 of 89
regulatory incentives which actually result in identifiable and actual reductions in the cost of constructing affordable housing.

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

County. The County of San Luis Obispo.

Continuous Plane. The wall of a building that extends in an uninterrupted manner.

Cornice. A projecting shelf along the top of an exterior wall often supported by brackets or structural pieces of stone or wood.

Courtyard. An unroofed area completely or mostly enclosed by the walls of a building or buildings.

Cut Out. An architectural design approach that involves modifying a building façade by insetting a portion of the wall.

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

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

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

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

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

Density. The number of dwellings per gross acre, unless otherwise stated. The calculation of gross acreage in all zones shall include the adjacent right of ways to centerline of the street.

Density Bonus. As defined by Government Code Section 65915 et seq. and subject to requirements of Section 3.20 (Affordable Housing Density Bonuses and Concessions/Incentives).

Department. The City of Grover Beach Community Development Department.

Development Permit. A discretionary permit issued by the Commission for certain construction and development projects. See Section 6.20.060 (Development Permit).

Development Applications. Authority granted by the City to use a specified site for a particular purpose. “Development Applications” includes Home Occupation Permit, Temporary Use Permit, Administrative Development Permit, Use Permit, Development Permit, Coastal Development Permit, Modification to Standards, Zoning Clearance, Subdivision Maps, and Variance, as established by Section 6.20 (Permit Review and Decisions) of this Development Code.

Director. The City of Grover Beach Community Development Director or his/her designee.

Referred to in this Development Code as the “Director”.

Ordinance No. 25-XX Page 63 of 89
Discretionary Permit. A City land use review and entitlement process where the Review Authority exercises discretion in deciding to approve or disapprove the permit. Includes all “Development Applications” except for Zoning Clearances.

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

Duplex. A residential use of property consisting of a building designed for and containing two dwelling units entirely under one roof, completely separated from each other by one solid wall common to each unit.

Dwelling, Dwelling Unit, or Unit. A room or group of internally connected rooms that have sleeping, cooking, eating, and sanitation facilities, but not more than one kitchen (with exception of Accessory Dwellings and Tiny Homes, as defined further in this section), which constitute an independent housekeeping unit, occupied by or intended for one household on a long-term basis.

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

Entry, Primary. The main doorway used to enter a building from a sidewalk or parking lot.

Entryway. The doorway or doorways used to access a building.

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

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

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

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

Fence. A constructed, un-roofed barrier of wood, metal, masonry, or other material as allowed by this Development Code, that is intended to enclose, separate, define, secure, protect, and/or screen one or more areas of a site.

1. Transparent Fencing. A barrier constructed of materials including rails, pickets, wrought iron, or wire, with the materials spaced to that leaves at least 75 percent of the surface area open, allowing air and light to pass through the fence.

2. Razor or Concertina Wire. Sharp fencing materials that are designed to lacerate unauthorized persons attempting to climb or cross the fence through other than a gate.

Finding. A factual conclusion of the Review Authority based on the evidence presented during the approval process.

Floor Area Ratio. The Floor Area Ratio (FAR) is the ratio of floor area to total lot area. FAR restrictions are used to limit the maximum floor area allowed on a site. The maximum floor area of all structures on a site shall be determined by multiplying the FAR by the total net area of the site.

Ordinance No. 25-XX Page 64 of 89
Forecourt. A frontage where a portion of the main façade of the building is at or near the right-ofway / property line and a (generally central) portion is set back, creating a small courtyard. The space could be used as an entry court or shared garden space for residential uses, or as an additional shopping or restaurant seating area within commercial areas.

Gallery. A frontage where the main façade of the building is aligned at or close to the right-of-way / property line and the gallery element (an attached cantilevered shed roof or lightweight colonnade) overlaps the sidewalk. This frontage type is intended for buildings with ground floor commercial or retail uses. An encroachment permit is required for any structure in the public rightof-way. Galleries shall have a consistent depth along the frontage of at least 10 feet.

Garage or Carport. Parking space and shelter for automobiles or other vehicles, where the size of the parking space complies with the provisions of Section 3.50 (Parking Regulations).

1. A garage is a completely enclosed attached or detached accessory structure, with an operational door.

2. A carport is an attached or detached accessory structure enclosed on no more than two sides.

General Plan. The City of Grover Beach General Plan, including all its elements and all amendments, as adopted by the City Council in compliance with Government Code Section 65300 et seq. and referred to in this Development Code as the “General Plan”.

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

Grade. The location of the ground surface.

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

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

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

Gross Acreage. The entire area of a lot measured to the centerline of the street and including all rights-of-way or easements granted to the City or other public agencies.

Gross Floor Area. The total horizontal area of all floors below the room within the perimeter of the outside walls of a building as measured from the inside surface of the exterior walls, with no deduction for hallways, stairs, closets, thickness of walls, columns, or other interior features Gross Lot Area. See "Lot Area”.

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

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

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

Historic structure. Any structure that is:

Ordinance No. 25-XX Page 65 of 89

1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

3. Individually listed on a State inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or

4. Individually listed on the City’s master list of historic structures, provided this local inventory is consistent with State-approved or certified historic preservation programs as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.

Home Occupation Permit. A discretionary permit issued by the Director for home businesses located in a dwelling. See Section 6.20.070 (Home Occupation Permit).

Horizontal Wall Plane. That portion of a room or structure that defines the volume of space between it and the ground plane.

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

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

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

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

Kitchen. A room or space within a building used or intended to be used for the cooking or preparation of food, which includes any of the following: stove, oven, range top, dishwasher, kitchen sink.

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

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

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

Ordinance No. 25-XX Page 66 of 89
Local Coastal Program (LCP). The Local Coastal Program (LCP) specifies land use policies within the Coastal Zone.

Lot Area.

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

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

Lot. A recorded lot or parcel of real property under single ownership, lawfully created as required by applicable Subdivision Map Act and City ordinance requirements, including this Development Code. Types of lots include the following.

1. Abutting Lot. A lot having a common property line, not separated by a public path or lane, private street, or easement to the subject lot.

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

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

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

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

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

Lot Coverage. The portion of the lot that is covered by buildings or structures that are 30 inches in height or more above adjacent existing grade, excluding covered patio structures, covered entryways or porches that are open on at least two sides, and swimming pools/hot tubs.

Lot Depth. The average linear distance between the front and the rear lot lines or the intersection of the two side lot lines if there is no rear line. The Director shall determine lot depth for lots of irregular configuration.

Lot Frontage. The boundary of a lot adjacent to a public street right-of-way.

Lot Line or Property Line. For purposes of this Development Code the front property line shall be considered the outside boundary of the city right-of-way that encroaches upon the subject property. Types of lot lines are as follows:

1. Front Lot Line. On an interior lot, the property line separating the lot from the street. The front lot line on a corner lot is the line with the shortest frontage. If the street fronting lot lines of a corner lot are equal or the difference is no greater than five feet, the front lot line shall be determined by the Director.

2. Rear Lot Line. A property line that does not intersect the front lot line, which is most distant from and most closely parallel to the front lot line.

3. Side Lot Line. Any lot line that is not a front or rear lot line.

Lot Width. The horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. The Director shall determine lot width for lots of irregular shape.

Ordinance No. 25-XX Page 67 of 89
Massing. The overall configuration of a building in terms of its height, footprint, and articulation, as well as its creation of space around it on a lot.

Mobile Home. A trailer, transportable in one or more sections, that is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, which is over eight feet in width and 40 feet in length, with or without a permanent foundation and not including recreational vehicle, commercial coach or factory-built housing. A mobile home on a permanent foundation is included under the definition of "Single Dwellings”.

Municipal Code. The City of Grover Beach Municipal Code (GBMC).

Net Lot Area. See "Lot Area”.

Nonconforming Lot. A lot that was legally created before the adoption or amendment of this Development Code, but does not comply with the current area, width, depth, or other applicable requirements of this Development Code.

Nonconforming Parking. A parking arrangement (e.g., drive aisle widths) or the number of parking spaces that was legally constructed before the adoption or amendment of this Development Code but does not comply with the current standards of Section 3.50 (Parking Regulations), or other applicable requirements of this Development Code or City Standards and Specifications.

Nonconforming Structure. A structure that was legally constructed before the adoption or amendment of this Development Code, but does not comply with the current area, width, depth, or other applicable requirements of this Development Code.

Nonconforming Use. A use of land and/or a structure (either conforming or nonconforming) that was legally established and maintained before the adoption or amendment of this Development Code, but does not conform to the current Development Code requirements for allowable land uses within the applicable zone.

Off-Site. An activity or accessory use that is related to a specific primary use, but is not located on the same site as the primary use.

On-Site. An activity or accessory use that is related to a specific primary use, which is located on the same site as the primary use.

Open Space, Useable. An outdoor area designed and intended to support residents' passive or active use and located on the same parcel as the dwelling units for which it is required. Usable open space shall not include any portion of parking areas, streets, driveways, sidewalks, turnaround areas, or door landings required by the California Building Code.

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

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

Parcel. See “Lot”.

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

Ordinance No. 25-XX Page 68 of 89
Parking Area. An area of a lot, structure, or any other area, including driveways, which is designed for and the primary purpose of which is to provide for the temporary storage of operable motor vehicles.

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

Pedestrian Orientation. A physical structure or place with design qualities and elements that contribute to an active, inviting and pleasant place for pedestrians that typically includes most of the following elements:

1. Building facades that are highly articulated at the street level, with interesting uses of material, color, and architectural detailing, located directly behind the sidewalk;

2. Visibility into buildings at the street level;

3. A continuous sidewalk, with a minimum of intrusions into pedestrian right-of-way;

4. Continuity of building facades along the street with few interruptions in the progression of buildings and stores;

5. Signs oriented and scaled to the pedestrian rather than the motorist. Pedestrian orientation may also include: design amenities related to the street level, such as awnings, paseos, and arcades; landscaping and street furniture.

Pedestrian Oriented Use. A land use that is intended to encourage walk-in customers and that generally does not limit the number of customers by requiring appointments or otherwise excluding the general public. A pedestrian oriented use provides spontaneous draw from sidewalk and street due to visual interest, high customer turnover, and/or social interaction.

Person. Any individual, firm, partnership, corporation, company, association, joint stock association; city, county, state, or district; and includes any trustee, receiver, assignee, or other similar representative thereof.

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

Porch. A covered shelter attached to a building, open on the sides, that projects over the entrance of a building.

Prefabricated Materials. Building materials, generally consisted of a composite of materials, that are manufactured off site.

Primary Dwelling Unit. The designated primary residential unit on a residential zoned lot with an accessory or junior accessory dwelling unit.

Primary Structure. A structure that accommodates the primary use of the site.

Primary Use. The main purpose for which a site is developed and occupied.

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

Property Line. See "Lot Line”.

Ordinance No. 25-XX Page 69 of 89
Public Realm. Any publicly owned streets, pathways, sidewalks, parks, publicly accessible open spaces, and any public and civic building and facilities, or combination of such facilities, to which the public has access.

Public Works Director. The City of Grover Beach Public Works Director or someone designated to act on their behalf.

Recess. An entryway that is inset into that façade.

Recreational Vehicle (RV). Per Section 18010 of the California Health and Safety Code, a motor home, travel trailer, truck camper, carryall, or camp trailer, house car, with or without motive power, originally designed for human habitation for recreational, emergency, or other occupancy.

Regressed Feature. Any component of a building facade that is inset into that façade, such as an inset window, doorway, or façade break.

Remodel or Alteration. Physical change in the internal arrangement of rooms or usage of space, or to the exterior of the building or the supporting members of a structure which requires a building permit.

Review Authority. The individual or official City body (Director, Planning Commission, or City Council) identified by this Development Code as having the responsibility and authority to review, and approve or disapprove the development applications described in Chapter 6 (Procedures).

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

Roof Pitch/Roof Slope Angle. The degree to which a roof or roof portion slopes down from the apex (peak) of the roof to the edge or eave line of that roof.

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

Setback. The distance by which a structure, parking area or other development feature must be separated from a lot line, other structure or development feature. Types of setback areas include the following:

1. Front Setback. An area extending across the full width of the lot between the front lot line and the applicable setback measurement.

2. Rear Setback. An area extending the full width of the lot between a rear lot line and the applicable setback measurement.

3. Interior Side Setback. An area between a side lot line and the applicable setback measurement extending between the front and rear setbacks.

4. Street Side Setback. An area between a side lot line adjacent to the street and the applicable setback measurement extending from the front setback line to the rear lot line.

Shopfront. A frontage where the main façade of the building is at or near the right-of-way / property line, with the building entrance at sidewalk grade. This type is conventional for retail use.

Ordinance No. 25-XX Page 70 of 89
It has substantial glazing on the sidewalk level and a canopy or awning element may overlap the sidewalk along portions or all of the frontage.

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

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

Specific Plan. A detailed plan for the systematic implementation of the General Plan, for all or part of the area covered by the General Plan, as authorized by Government Code Sections 65450 et seq.

State. The State of California.

Step back. A break in the façade of a building that involves insetting a higher story from the story immediately below it.

Stoop. A platform, entrance stairway, or similar area directly adjacent to the front door of a building.

Story.

1. The segment of a building between the following levels:
a. Upper surface of a floor.
b. Upper surface of the floor or roof directly above.

2. For floors other than the top floor, a story is measured in one of the following ways:
a. From top to top of successive tiers of beams.
b. From top to top of successive tiers of finished floor surfaces.

3. For the top floor, a story is measured as follows:
a. From top of finished floor to top of ceiling joints where there is a ceiling. b. From top of finished floor to top of roof rafters where there is no ceiling.

Street. A public or private thoroughfare which affords principal means of access to abutting property, including avenue, street, place, way, court, drive, land, boulevard, highway, road, or any other thoroughfare except an alley as defined herein.

Structure or Building. Anything constructed or erected, the use of which requires attachment to the ground, attachment to something located on the ground, or placement on the ground. For the purposes of this Development Code, the term "structure" includes "buildings," Structure, Primary. See "Primary Structure”.

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

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

Temporary Use Permit. A discretionary permit issued by the Director, which allows the use of land that is properly designed, operated and occupies a site for a limited time. See Section

6.20.080 (Temporary Use Permit).

Ordinance No. 25-XX Page 71 of 89
Transit Stop. A facility located within the public right-of-way at selected points along transit routes for passenger pickup, drop-off, or transfer, but excluding areas for vehicle repair or storage, passenger ticketing and parking, which are defined as a transit station or terminal.

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

Use Permit. A discretionary permit issued by the Commission for certain land uses and/or construction and development projects. See Section 6.20.090 (Use Permit).

Use, Primary. See "Primary Use."
Variance. A discretionary permit issued by the Commission granting relief from the requirements of this Development Code that permits construction in a manner that would otherwise be prohibited by this Development Code. See Section 6.20.100 (Variance).

Vehicle. Any vehicle, as vehicle is defined by the California Vehicle Code, including any automobile, camper, camp trailer, trailer, trailer coach, motorcycle, house car, boat, or similar conveyance.

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

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

Accessory or Incidental Use. A use customarily incidental to, related and clearly subordinate to a primary use on the same lot, which does not alter the primary use nor serve property other than the lot where the primary use is located.

Accessory Dwelling Unit (ADU). An attached or detached dwelling unit which provides complete independent living facilities for one or more persons and provides permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the primary unit (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.

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

Animal Boarding or Kennel. A commercial facility for the overnight keeping or boarding of household pets. Does not include uses where overnight boarding is an accessory use such as “Animal Care Facility” and pet stores.

Animal Care Facility. Office and indoor medical treatment facility used by veterinarians for the care of household pets, where boarding is incidental to the primary use. If boarding is the primary use, see “Animal Boarding or Kennel”.

Ordinance No. 25-XX Page 72 of 89
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/Landscape Materials, Indoor. Establishments primarily engaged in the sale or rental of building or landscaping supplies or equipment within enclosed structures. This classification includes lumber yards, hardware stores, tool and equipment sales or rental establishments situated indoors. Establishments primarily selling electrical, plumbing, heating, and air conditioning equipment and supplies are classified in “Wholesaling and Distribution. “Establishments primarily selling plants are classified as a “Plant Nursery”. This classification does not include any exterior or outdoor retail sales, see “Building/Landscape Materials, Outdoor”.

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

Business Support Services. An establishment that provides services to other businesses.

Examples of these services include: blueprinting; computer-related service (rental, repair); copying, duplicating, quick printing service; courier, messenger, and delivery service (small scale without fleet vehicle storage); mailing, telegram, and mail box service; outdoor advertising service; and security services.

Caretaker Residence. A permanent residence that is accessory to the primary use of the property, and used for housing a caretaker on the site of a non-residential use where needed for Ordinance No. 25-XX Page 73 of 89
security purposes or to provide 24-hour care or monitoring of people, plants, animals, equipment, or other conditions on the site.

Catering Service. A business that prepares food for consumption on the premises of a client and/or at their place of business.

Child Day Care. Facilities that provide non-medical care and supervision of minor children for periods of less than 24 hours. This land use includes the following types of facilities, all of which are required to be licensed by the California State Department of Social Services:

1. Day Care Center. Commercial or non-profit child day care facilities designed and approved to accommodate 15 or more children, or fewer than 15 children in a non-residential building.

Includes infant centers, preschools, sick-child centers, child nurseries and school-age day care facilities. These may be operated in conjunction with a school or church facility, or as an independent land use. May be counted towards satisfying the commercial component of a mixed-use development.

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

3. Small Family Day Care Home. A day care facility located in a dwelling unit where an occupant of the dwelling unit provides care and supervision for either six or fewer children, or eight or fewer children provided that no more than two of the children are under the age of two and at least two of the children are over the age of six. Children under the age of 10 years who reside in the dwelling unit count as children served by the day care facility.

Commercial Cannabis Uses. The uses are limited to commercial Medical and Adult Uses licensed in Chapter 5, Division 10, Cannabis, of the Business and Professions Code, and those Cannabis regulations issued by the California Bureau of Cannabis Control, Department of Public Health and the Department of Food and Agriculture as modified and restricted hereafter, and in Municipal Code Article III Chapter 18 (Commercial Cannabis Activity).

Commercial Recreation Facility, Indoor. Establishments that provide amusement and services for a fee or admission charge. May also include related commercial facilities, including bars and restaurants. Examples include bowling alleys, card rooms, coin-operated amusement arcades, electronic game arcades (video games, etc), pool and billiard rooms (as primary use), and theaters (performing or cinema).

Commercial Recreation Facility, Outdoor. Establishments that provide outdoor amusement and entertainment services for a fee or admission charge. May also include related commercial facilities, including bars and restaurants, video game arcades, etc. Examples include miniature golf, swim clubs, and aquariums.

Communal Housing. Shared living quarters without separate kitchen facilities for each room or unit, where five or more rooms or beds are rented individually to tenants under separate rental agreements, with or without meal service included. This classification includes rooming and boarding houses, dormitories and other types of organizational housing intended for long-term occupancy (more than 30 consecutive calendar days) but excludes “Lodging”, and “Residential Care Facilities”, “Supportive Housing”, and “Transitional Housing”.

Communication Facilities. See “Telecommunications Facilities”.

Ordinance No. 25-XX Page 74 of 89
Community Gardens. A site used for growing plants for food, fiber, herbs, flowers, and others, which is shared and maintained by community residents.

Drive-thru business. Any business that either by design or operation provides services or products directly to occupants of a motor vehicle, except gasoline service stations.

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

Equipment Rental. A service establishment that may offer a wide variety of household and business equipment, furniture, and materials for rental. Does not include the rental of heavy construction equipment such as tractors. See “Wholesaling and Distribution”.

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

Freight Terminal. A transportation facility furnishing services incidental to air, motor freight, and rail transportation. Examples include: freight forwarding services; packing, crating, inspection and weighing services; freight terminal facilities; postal service bulk mailing distribution centers; joint terminal and service facilities; transportation arrangement services; overnight mail processing facilities; and trucking facilities, including transfer and storage.

Fuel Dealer. A retail trade establishment that sells fuel oil, butane, propane and liquefied petroleum gas (LPG), bottled or in bulk, to consumers.

General Retail. Stores and shops selling many lines of merchandise. Examples of these stores and lines of merchandise include: art galleries; bicycle sales, service, and rental; bookstores (except adult bookstores); apparel and accessories; bakeries; food stores (including convenience markets); furniture, home furnishings and appliances sales, service, and rental; and miscellaneous retail (including candy or ice cream stores, computer stores, drug stores, hobby or craft shops, jewelry stores, newsstands, pet stores, specialty shops, variety stores, or vehicle part sales). Does not include “Resale Stores” or “Thrift Stores”, which are separately defined.

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

Health/Fitness Facility. A fitness center, gymnasium, health and athletic club, which may include any of the following: sauna, spa or hot tub facilities; indoor tennis, handball, racquetball, and other indoor sports activities.

High Technology Uses. Uses that incorporate high technology related to engineering, design, research and development, photonics/optics, computer assisted design, robotics research, numerical control equipment (CAD/CAM), prototype development, biotechnology lasers, medical research, materials testing, telecommunications, and related storage with limited assembly operations associated with the principal use. All activities shall be within a building. More intensive operations shall be classified as “Light Manufacturing/Processing”.

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

See Section 6.20.070 (Home Occupation).

Hotel or Motel. See "Lodging”.

Junior Accessory Dwelling Unit (JADU). A type of accessory dwelling unit defined by Government Code Section 66313 as a unit that is contained entirely within the area of a single- Ordinance No. 25-XX Page 75 of 89
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 Housing First, low barrier, service-enriched shelter focused on helping homeless individuals and families to quickly obtain permanent housing. Low barrier includes best practices to reduce barriers to entry, such as allowing partners, pets, storage of personal items, and privacy. See Government Code Section 65660.

Maintenance Service – Client Site Services. Base facilities for various businesses that provide services on the premises of their clients. Includes gardening, janitorial, pest control, water and smoke damage recovery, and similar services; and appliance, computer, electronics, elevator, equipment, HVAC, instrument, plumbing, security systems, and other maintenance and repair services not operating from a retail establishment that sells the products being maintained or repaired. When these services operate from a retail establishment that sells the products being maintained or repaired, they are instead considered part of the retail use.

Manufacturing, Artisan. An establishment that manufactures and/or assembles small products primarily by hand, including jewelry, pottery and other ceramics, as well as small glass and metal art and craft products. Also includes small scale wine production of less than 500 cases annually.

Retail sales of the products are also allowed on-site.

Manufacturing/Processing, Heavy. The manufacturing, assembling, processing, storing, or packaging of products involving: 1) chemicals, petroleum, heavy agricultural products, or other hazardous materials; 2) vehicle-dismantling or scrap and waste yards; or 3) primary production of raw materials. Examples of heavy intensity manufacturing uses include the following.

1. Chemical Product Manufacturing. An establishment that produces or uses basic chemicals, and other establishments creating products predominantly by chemical processes.

Examples of these products include: basic chemicals, including acids, alkalis, salts, and organic chemicals; chemical products to be used in further manufacture, including synthetic fibers, plastic materials, dry colors, and pigments; and finished chemical products to be used for ultimate consumption, including drugs/pharmaceuticals, cosmetics, and soaps; or to be used as materials or supplies in other industries including paints, fertilizers, and explosives.

Also includes sales and transportation establishments handling the chemicals described above, except as part of retail trade.

2. Glass Product Manufacturing. An establishment that manufactures glass and/or glass products by melting silica sand or cullet, including the production of flat glass and other glass products that are pressed, blown, or shaped from glass produced in the same establishment.

Artisan and craftsman type operations are instead “Manufacturing, Artisan”.

3. Lumber and Wood Product Manufacturing. Manufacturing, processing, and sales involving the milling of forest products to produce rough and finished lumber and other wood materials for use in other manufacturing, craft, or construction processes. Includes the following Ordinance No. 25-XX Page 76 of 89
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.

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.

Ordinance No. 25-XX Page 77 of 89

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, 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 Ordinance No. 25-XX Page 78 of 89
products are delivered to off-site retail outlets for customer pick-up. Does not include small scale photo processing machines accessory to other retail businesses.

8. Beverage Product Manufacturing – Light. Limited manufacturing establishments producing or processing beverages for human consumption, and certain related products. Examples of these uses include
a. Winemaking. A facility engaged in the large scale production of wine involving more than 500 cases annually. For production of less than 500 cases annually, see “Manufacturing, Artisan”.
b. Breweries and Distilleries. Does not include beer brewing as part of a brew pub, bar, or restaurant
Manufacturing/Processing, Medium. A facility accommodating manufacturing processes that involve and/or produce building materials, fabricated metal products, machinery, and/or transportation equipment, where the intensity and/or scale of operations is greater than those classified under "Manufacturing/Processing, Light," but where impacts on surrounding land uses or the community can typically be mitigated to acceptable levels. Examples of medium intensity manufacturing uses include the following.

1. Food and Beverage Product Manufacturing – Medium. Manufacturing establishments producing or processing foods and beverages for human consumption, and certain related products. Examples of these uses include: bottling plants; fats and oil product manufacturing (not animal rendering); fruit and vegetable canning; confectionery products; grain mill products and by-products; manufacturing; meat, poultry, and seafood canning, curing, byproduct processing; soft drink production; miscellaneous food item preparation from raw products; dairy products manufacturing. Does not include bakeries which are defined under “General Retail” or “Restaurants”. .

2. Laundry, Dry Cleaning Plant. A service establishment engaged primarily in high volume laundry and garment services, including: carpet and upholstery cleaners; diaper services; dry cleaning and garment pressing; commercial laundries; linen supply. These facilities may include accessory customer pick-up facilities. These facilities do not include laundromats or dry cleaning/laundry pick-up stores with limited processing equipment, which are instead under "Personal Services”.

3. Machinery Manufacturing. An establishment that makes or processes raw materials into finished machines or parts for machines. Does not include the manufacture of electronics, equipment, or appliances ("Manufacturing/Processing, Light - Electronics, Equipment, and Appliance Manufacturing").

4. Motor Vehicles and Transportation Equipment. Manufacturers of equipment for transporting passengers and cargo by land, air and water, including motor vehicles, aircraft, spacecraft, ships, boats, railroad and other vehicles such as motorcycles, bicycles and snowmobiles.

5. Stone and Cut Stone Product Manufacturing. An establishment that cuts, shapes, and/or finishes marble, granite, slate, and/or other stone for construction and miscellaneous uses.

6. Structural Clay and Pottery Product Manufacturing. An establishment that produces brick and structural clay products, including pipe, china plumbing fixtures, vitreous china articles, and/or fine earthenware and porcelain products. Does not include products made primarily by hand (see “Manufacturing, Artisan”).

Ordinance No. 25-XX Page 79 of 89
Massage Establishment. A massage establishment as defined in GBMC Article III Chapter 9 (Massage Therapy Regulations).

Media Production. Facilities for motion picture, television, video, sound, computer, and other communications media production.

Medical Services – Clinic or Urgent Care. A facility other than a hospital where medical, mental health, surgical and other personal health services are provided on an outpatient basis. Examples of these uses include: medical offices with 5 or more licensed practitioners and/or medical specialists; out-patient care facilities; urgent care facilities; and other allied health services.

These facilities may also include incidental medical laboratories. Counseling services by other than medical doctors or psychiatrists are included under "Office”.

Medical Services – Doctor’s Office. A facility other than a hospital where medical, dental, mental health, surgical, and/or other personal health care services are provided on an outpatient basis. Includes dental, medical, optical, and x-ray lab offices. Counseling services by other than medical doctors or psychiatrists are included under “Office-Professional”.

Medical Services – Extended Care. Residential facilities providing nursing and health-related care as a primary use with in-patient beds. Examples of these uses include: board and care homes; convalescent hospitals; congregate living health facilities; rest homes; and skilled nursing facilities. Long-term personal care facilities that do not emphasize medical treatment are included under "Residential Care" and “Residential Care Facility for the Elderly (RCFE)”.

Meeting Facility (public or private). A facility for public or private meetings, including religious assembly facilities (e.g., churches, mosques, synagogues, etc.), auditoriums, grange halls, union halls, and meeting halls for clubs and other membership organizations. Also includes functionally related internal facilities that are clearly incidental to the primary use such as kitchens, multipurpose rooms, and storage. Related on-site facilities such as day care centers and schools are separately defined.

Mixed-Use Project. A project that combines both residential and commercial uses on the same site. Does not include “Live/Work Unit”, which is separately defined.

Mobile Home Park. Any site that is planned and improved to accommodate two or more mobile homes used for residential purposes, or on which two or more mobile home lots are rented, leased, or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate mobile homes used for residential purposes.

Mobile Vendor. An entity that sells goods or food services from a stand that is intended to be temporary, or is capable of being moved to various locations.

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

Motel. See "Lodging”.

Multi-Unit Dwelling/Development. Two or more dwelling units attached or detached (cluster development) on a lot, or when each unit is attached to an adjacent dwelling located on individual lots or air space condominium, which does not include an accessory dwelling unit. Multi-unit dwellings or development include a duplex, triplex, condominium, townhouse, common interest development, common area developments (detached or attached), and apartments. Multi-unit Ordinance No. 25-XX Page 80 of 89
dwellings or developments may also be combined with nonresidential uses as part of a mixed-use development. “Multi-Unit” may also be referred to as “Multi-family”.

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

1. Accessory. An office facility for business administration, and/or on-site business and operations management, which is incidental and accessory to another business, sales, and/or service activity on the same site that is the primary use. These are permitted in all commercial and industrial uses .

2. Business/Service. An establishment providing direct services to consumers. Examples of this use include employment agencies, elected official satellite offices, insurance agent offices, property management, real estate offices, travel agencies, utility company offices, vehicle rental/sale offices with no vehicles on site, etc. Does not include "Financial Institutions," which are separately defined.

3. Processing. An office-type facility characterized by high employee density, and occupied by businesses engaged in information processing, and other computer-dependent and/or telecommunications-based activities. Examples of these uses include: reservation centers, insurance claim processing, mail order and electronic commerce transaction processing, consumer credit reporting, data processing services, and telemarketing offices.

4. Professional. An office facility occupied by a business that provides professional services, administrative services, or is engaged in the production of intellectual property. Examples of this use include: accounting, auditing and bookkeeping services; advertising agencies; attorneys; business associations, chambers of commerce; construction contractors (office facilities only); counseling services (for medical doctors see “Medical Services- Doctor Offices”); design services including architecture, engineering, landscape architecture; educational, scientific and research organizations; financial management and investment counseling; management and public relations services; media post production services; photographers and photography studios; political campaign headquarters; psychologists; travel agencies; and, security and commodity brokers.

5. Visitor-Serving. An establishment that rents beach related vehicles such as ATVs or dune buggies where the equipment is stored off-site or rents beach related equipment stored onsite such as surfboards and umbrellas.

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

Park or Playground (public). A public outdoor recreation facility that may provide a variety of recreational opportunities including community center, playground equipment, open space areas for passive recreation and picnicking, and sport facilities.

Parking Facility. Private parking lots when contiguous to a non-residential zone.

Ordinance No. 25-XX Page 81 of 89
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.

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.

This use also includes establishments that publish newspapers, books and periodicals; establishments manufacturing business forms and binding devices. "Quick printing" services are included in the definition of "Business Support Services." Public and Quasi-Public Facility. Includes public, semi-public, and private schools; government, civic, and community buildings and uses; museums and libraries; and similar uses.

Does not include “Specialized Education/Training”.

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

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

Recreational Vehicle (RV) Park. Any area or tract of land where one or more spaces are rented for short-term occupancy to owners or users of recreational vehicles or travel trailers.

Recreational vehicle parks may include public restrooms, water, sewer, and electric hookups to each space. May include accessory retail uses where they are clearly incidental and intended to serve RV park patrons only.

Recycling Facility. A center for the collection and/or processing of recyclable materials. A "certified" recycling or processing facility is certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986.

Ordinance No. 25-XX Page 82 of 89

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.

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. (See “Personal Services - Restricted”).

Residential Care. A single-unit dwelling or multi-unit facility licensed or supervised by a Federal, State, or local health/welfare agency that provides 24-hour nonmedical care of unrelated persons who are handicapped and in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual in a family-like environment. This use includes transitional housing or supportive housing. Does not include day care facilities, which are separately defined.

Residential Care Facility for the Elderly (RCFE). A housing arrangement chosen voluntarily by the residents, or the residents' guardians, conservators or other responsible persons; where 75 percent of the residents are at least 62 years of age, or, if younger, have needs compatible with other residents; and where varying levels of care and supervision are provided, as agreed to at the time of admission or as determined necessary at subsequent times of reappraisal (definition from California Code of Regulations Title 22, Division 6, Chapter 6, Residential Care Facilities for the Elderly). RCFE projects may include basic services and community space. RCFE projects Ordinance No. 25-XX Page 83 of 89
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”.

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

Second-Hand Store. See “Resale Store”.

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

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

Ordinance No. 25-XX Page 84 of 89
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. Small scale facilities typically accommodating a few groups of students at a time. Examples of these facilities include: individual and group instruction and training in the arts; production rehearsal; photography, and the processing of photographs produced only by users of the studio facilities; yoga studios; martial arts training studios; gymnastics instruction, and aerobics and gymnastics studios with no other fitness facilities or equipment. Also includes production studios for individual musicians, painters, sculptors, photographers, and other artists.

Supportive Housing. See “Transitional and Supportive Housing”.

Telecommunications Facilities. Public, commercial and private electromagnetic and photoelectrical transmission, broadcast, repeater and receiving stations for radio, television, telegraph, telephone, data network, and wireless communications, including commercial earth stations for satellite-based communications. Includes antennas, commercial satellite dish antennas, and equipment buildings. Does not include telephone, telegraph and cable television transmission facilities utilizing hard-wired or direct cable connections.

Temporary Use. A use allowed for no more than one year (12 months) consisting of short-term activities. See Section 6.20.080 (Temporary Use Permit).

Ordinance No. 25-XX Page 85 of 89
Thrift Store. A retail store devoted primarily to the sale of used goods normally consisting of household discards. Also see “Resale Stores”.

Tiny Home on Wheels. See Section 4.10.215 (Tiny Homes on Wheels in Residential Zones). A type of dwelling unit that is moveable and considered temporary housing. Does not include an RV, camper, trailer, or manufactured home as defined in Section 1801 o of the California Health and Safety Code.

Transitional and Supportive Housing. Transitional housing is defined in Section 50675.2 of the Health and Safety Code as rental housing for stays of at least six months but where the units are recirculated to another program recipient after a set period. Transitional housing may be designed for homeless individuals or family transitioning to permanent housing. Supportive housing is defined in Section 50675.14 of the Health and Safety Code and has no limit on the length of stay, is linked to onsite or offsite services, and is occupied by a target population as defined in the Health and Safety Code.

Urban Dwelling Units. See Section 4.25.060 (Urban Dwelling Units). Projects that consist of no more than two dwelling units on a single parcel located within a single-unit residential zone as subject to Government Code Section 65852.21. An Urban Dwelling Unit project shall consist of either the construction of no more than two new primary dwelling units, one new primary dwelling unit and retention of one existing primary dwelling unit, or retention of two existing legal nonconforming primary dwelling units where one or both units are subject to a proposed addition or alteration.

Vehicle Rental. A retail establishment renting automobiles, light trucks, boats, campers, and/or motorcycles where vehicles are kept on site.

Vehicle Repair and Services. The repair, servicing, alteration, restoration, towing, painting, cleaning, or finishing of automobiles, trucks, recreational vehicles, boats and other vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use.

Vehicle Sales. A retail or wholesale establishment selling automobiles, light trucks, boats, campers, and/or motorcycles. Vehicles for sale may be displayed outdoors or indoors. May also include repair shops and the sales of parts and accessories, incidental to vehicle sales. Does not include the sale of auto parts/accessories separate from a vehicle dealership.

Vehicle Storage. See “Storage – Vehicle”.

Warehouse. See "Storage - Warehouse”.

Wholesaling and Distribution. An establishment engaged in selling and/or renting merchandise to retailers; to contractors, industrial, commercial, institutional, farm, or professional business users; to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Examples of these establishments include: agents, merchandise or commodity brokers, and commission merchants, merchant wholesalers, assemblers, buyers and associations engaged in the cooperative marketing of farm products, stores primarily selling electrical, plumbing, heating and air conditioning supplies and equipment.

Also includes storage, processing, packaging, and shipping facilities for mail order and electroniccommerce retail establishments.

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

Part 44. Article IX Development Code, Chapter 9 Section 9.10.020 entitled “Coastal Act Definitions” is hereby amended to remove the opening statement “Definitions of the terms used Ordinance No. 25-XX Page 86 of 89
in the Coastal Act, which can be found in Section 30100 et. Seq. of the Public Resources Code of the State of California and apply to properties within the Coastal Zone, have been reprinted and are set forth as follows” and the following definitions are hereby added and/or amended to read as follows:

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

Appealable Development/Project. In accordance with Public Resources Code Section 30603(2), any of the following:

1. Developments approved by the local government between the sea and the first public road paralleling the sea or within 300 feet of the inland extend of any beach or of the mean high tide line of the sea where there is no beach, whichever is greater distance.

2. Development approved by the local government not included within paragraph (a) of this section, located on tidelands, submerged lands, public trust lands, within one hundred (100) feet of any wetland, estuary, stream or within three hundred (300) feet of the top of the seaward face of any coastal bluff.

3. Any development which constitutes a major public works project or a major energy facility.

The phrase “major public works project or a major energy facility” as used in Public Resources Code Section 30603 (a) (5) and these regulations shall mean any proposed public works project as defined by Section 13012 of the Coastal Commission Regulations (Title 14 California Administrative Code, Division 5.5) or energy facility as defined by Public Resources Code Section 30107.

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

Coastal Commission. The California Coastal Commission. Whenever the term California Coastal Zone Conservation Commission appears in any law, it means the California Coastal Commission.

Coastal Development Permit. A discretionary permit issued by the Planning Commission (Coastal Development Permit) or Director (Administrative Coastal Development Permit) for certain construction and development projects. See Section 6.20.040 (Coastal Development Permits).

Part 45. Article IX Development Code, Chapter 9 Section 9.10.020 entitled “Coastal Act Definitions” is hereby amended to remove the opening statement “Definitions of the terms related to Adult Businesses in Section 4.20” and the following definition is hereby amended to read as follows:

Live Adult Entertainment. Any existent display by a human being which is characterized by an emphasis on specified anatomical areas or specified sexual activities.

Part 46. Article IX Development Code, Chapter 9 Section 9.10.020 entitled “Short-Term Rental Definitions” is hereby amended to read as follows:

Advertise, Advertisement or Advertising. The publication of any statements, phrases, words, photographs, drawings or other images for the purpose of informing any member of the public of the ability or availability to use a specific dwelling unit for short-term rental purposes, as described in this Section. For purposes of this definition, publication shall include but not be limited to Ordinance No. 25-XX Page 87 of 89
verbal, written, printed, electronic, televised or broadcast set forth or contained in any newspaper, magazine, newsletter, website, solicitation, handbill, business card, flyer, outdoor advertising display, billboard, cable, satellite or digital radio or television broadcast, social networking site or any other electronic and digital media.

Administrative Rules. The City Manager, or designee, shall have the authority to establish administrative rules and regulations consistent with the provisions of Section 4.10.185 (ShortTerm Rentals) for the purpose of interpreting, clarifying, carrying out, furthering, and enforcing the requirements and the provisions of this Section, and establishing procedures for complaints. A copy of such administrative rules and regulations shall be on file in the office of the city clerk and posted on the city's website.

Applicable Laws, Rules and Regulations. Any federal, state and local laws, rules, and regulations and private governing documents, including, without limitation, conditions, covenants and restrictions (“CC&Rs”) that are valid and enforceable pursuant to the Davis-Stirling Common Interest Development Act, as set forth in California Civil Code Section 4000 et seq., pertaining to the use and occupancy of a privately owned single-unit dwelling, multi-unit dwelling or mobile home as a short-term rental.

Bedroom. A habitable room normally occupied with no less than 70 square feet of floor area and no horizontal dimension less than seven feet with at least one wall located along an exterior wall with a window and equipped with a heating source as required by the California Building Code.

Good Neighbor Brochure. A document prepared by the City that summarizes the general rules of conduct and applicable short-term rental regulations to be adhered to by renters.

Guest. An invitee of a renter or other person visiting a renter of a short-term rental unit who does not rent the unit. Guests shall only be allowed at the short-term rental between the hours of 7:00 a.m. and 10:00 p.m.

Hotline. The telephonic service operated by or for the city for the purpose of receiving complaints regarding the operation of any Short-Term Rental and forwarding the complaints to the local contact person.

Hosting Platform. An internet-based service, or property management company that provides advertisement for a short-term rental property.

Legally Permitted. A residential dwelling unit, remodel, or addition that has been issued a building permit by the City, or the County prior to incorporation.

Local Contact Person. The person designated on the short-term rental permit who shall be available 24-hours a day, seven days a week for the purpose of responding in-person to the short-term rental site within 30 minutes of receiving a complaint regarding the condition, operation, or conduct of guests and is authorized by the owner to take remedial action and who responds to violations.

Non-Owner Occupied Short-Term Rental. A short-term rental in which the owner does not reside in the residence during the time a renter is occupying the residence. See also “Short-Term Rental”.

Operator. A person that is operating an short-term rental either as an authorized agent for an owner (property manager), or as a legal occupant of the long-term rental with landlord permission.

Owner Occupied Short-Term Rental. A short-term rental in which the owner resides on the property during the time a renter is occupying the residence. See also “Short-Term Rental”.

Ordinance No. 25-XX Page 88 of 89
Owner. The person or entity holding legal title and/or equitable title to the real property that is the subject of a short-term rental permit. The owner may allow a person to act as their authorized agent.

Permittee. The applicant (property owner) that has been issued a Short-Term Rental Permit.

Renter. A person renting or occupying a short-term rental property in accordance with the terms of this Section. For purposes of this Section, “renter” shall have the same meaning as “transient,” as defined in GBMC Article X Chapter 6 (Transient Occupancy Tax).

Short-Term Rental (STR). The rental of a private residence, or any portion of the private residence, for less than thirty or less consecutive days for which a rental contract for occupancy has been made which the short-term rental use is permitted to operate, pursuant to a current and valid short-term rental permit on file with the city. A short-term rental may be either an owneroccupied or non-owner occupied short-term rental.

Short Term Rental Permit. An issued document that allows a rental of a residential unit for a period of less than 30 consecutive calendar days or less, subject to all applicable City Development Code regulations, permit/licensing requirements, and payment of fees and/or taxes, including transient occupancy tax, as defined under GBMC Article X, Chapter 6 (Transient Occupancy Tax).

Part 47. Severability. The City Council declares that, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect.

Part 48. Repeal of Conflicting Provisions. The provisions of this ordinance shall govern and supersede any other provisions of the Grover Beach Municipal Code as heretofore adopted by the City of Grover Beach that are in conflict with the provisions of this ordinance.

Part 49. Effective Date. This amendment shall not become effective and in full force and effect until 12:01 a.m. on the thirtieth day after adoption by the City Council, or 12:01 a.m. on the day after final certification by the California Coastal Commission, whichever occurs later.

However, within fifteen (15) days after adoption by the City Council, the Ordinance shall be published once, together with the names of the Council Members voting thereon, in a newspaper of general circulation within the City.

INTRODUCED at a regular meeting of the City Council held on July 28, 2025 and PASSED, APPROVED, and ADOPTED by the City Council on the ___________, 2025, on the following roll call vote, to wit:

AYES: Council Members -
NOES: Council Members -
ABSENT: Council Members -
ABSTAIN: Council Members -
RECUSED: Council Members -
___________________________________

KASSI DEE, MAYOR
** D R A F T **
Ordinance No. 25-XX Page 89 of 89
Attest:
______________________________

WENDI SIMS, CITY CLERK
Approved as to Form:
_____________________________

ROBERT LOMELI, CITY ATTORNEY
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. 24-__ 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 returned 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 Development Code Ordinance and Local Coastal Program Amendment; and
WHEREAS, the City Council at its meeting on July 28, 2025 conducted first reading of the Development Code Amendments, and adopted the Development Code 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 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 ____ day of ____ 2025. ____________________________________

KASSI DEE, MAYOR
Attest:
______________________________

WENDI SIMS, CITY CLERK
** D R A F T **
Page | 1

CITY OF GROVER BEACH
2024 Development Code Amendments

LEGISLATIVE DRAFT
Prepared by
Community Development Department
June 2025
Attachment 3
City of Grover Beach Development Code – Public Draft Page | 2 Development Code Amendments - Legislative Draft Guide
This legislative draft is intended to illustrate the recommended changes to the City of Grover Beach Development Code. Accessory Dwelling Unit Ordinance Amendments are shown for reference, but the specific changes are shown in the ADU Ordinance Legislative Draft.

Purple underline indicates amendments to the City’s Development Code Sections 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 Sections 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 Development Code – Public Draft Page | 3 CHAPTER 2. ZONES AND ALLOWABLE

LAND USES

2.10 Establishment and Designation of Zones
Sections:

2.10.010 – Purpose (no changes)

2.10.020 - Official Zoning Map and Zones (no changes)

2.10.030 - General Requirements for Development and New Land Uses (no changes)

2.10.040 - Allowable Land Uses and Development Application Requirements

2.10.040 Allowable Land Uses and Development Application Requirements A. Allowable land uses. The uses of land allowed by this Development Code in each zone are listed in Tables 2.2, 2.4, 2.6, 2.8, 2.9, and 2.10 of this Chapter. Each land use listed in the tables is defined in Chapter 9 (Definitions).

B. Use Permit requirements. A land use identified by Tables 2.2, 2.4, 2.6, 2.8, 2.9, and

2.10 as requiring a Use Permit or “UP” may be established upon approval of a Use Permit by the Review Authority and other required development applications consistent with this Section.

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

2.6, 2.8, 2.9, and 2.10 as a permitted use or “P” are may also be required to receive one of the following development applications:

1. Development Permit (Section 6.20.060);

2. Administrative Development Permit (Section 6.20.020);

3. Coastal Development Permit (Section 6.20.040); and/or

3. 4. Administrative Coastal Development Permit (Section 6.20.040)

5. Zoning Clearance (Section 6.20.110).

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

D. Use not listed. A land use that is not listed in Tables 2.2, 2.4, 2.6, 2.8, 2.9, and

2.10, and is determined by the Director to not be included in Chapter 9 (Definitions) under the definition of a listed land use that is also permitted pursuant to Tables 2.2,

2.4, 2.6, 2.8, 2.9, and 2.10, is not allowed within the City, except as otherwise provided in Section 6.20.080 (Temporary Use Permit).

City of Grover Beach Development Code – Public Draft Page | 4 E. Specific Use Regulations. Where the last column in Tables 2.2, 2.4, 2.6, 2.8, 2.9, and 2.10 includes a Section reference or additional standard, the regulations in the referenced Section or additional standard shall apply to the use.

F. Primary and Accessory Uses. Listed uses are primary uses. Accessory uses are allowed only where a primary use is established, as defined in Chapter 9 (Definitions). An accessory use may be allowed if it is not listed as an allowed use in Tables 2.2, 2.4, 2.6, 2.8, 2.9, and 2.10 for the applicable zone. Commercial Cannabis, Adult Business, Live Entertainment, or other uses or activities as identified in Chapter 4 (Standards for Specific Development and Land Uses), are not considered accessory uses, unless specifically defined as accessory in Chapter 9 (Definitions).

F. Additional Permits. A land use authorized through the approval of any type of development application may also require a Coastal Development Permit (Section

6.20.040), a Building Permit, and/or other permit required by the Municipal Code.

City of Grover Beach Development Code – Public Draft Page | 5

2.20 Residential Zones
Sections:

2.20.010 - Purpose (no changes)

2.20.020 - Purposes of the Residential Zones (no changes)

2.20.030 - Residential Zones Allowable Land Uses and Permit Requirements

2.20.040 - Residential Zones Development Standards (no changes)

2.20.050 - Miscellaneous Requirements (no changes)

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

P P P P P P
Two-Unit Housing Development/Duplexes P P P P P P Section 4.25.060 for R1, CPR1,
and CR1 zones
Home Occupation P P P P P P Section 6.20.070
Junior Accessory Dwelling Unit (JADU) P P P P P P Section 4.10.015 Multi- Unit Attached Dwelling -- -- P P P P Section 4.25.040, Section 4.25.050
Multi-Unit Detached Dwelling/Cluster
Developments
-- -- P P P P Section 4.25.030
Residential Care – 1 to -6 clients P P P P P P
Residential Care – 7 or more clients -- -- -- -- UP UP
Short-Term Rental (STR) P P P P P P Section 4.10.185
Single-Unit Dwelling P P P P P P Section 2.20.050,
Section 4.25.020
Single Room Occupancy (SRO) Facility -- -- UP UP UP UP Section 4.10.200 Senior Housing -- -- P P P P Section 4.10.180
Tiny Homes on Wheels P P P P P P Section 4.10.215
Transitional and& Supportive Housing P P P P P P
Urban Dwelling Units P P - - - - Section 4.25.060
Recreational, Education & Public
Assembly
Community Gardens P P P P P P
Meeting Facility, (public or private) UP UP UP UP UP UP Park or, Playground (public) UP UP UP UP UP UP
Public or Quasi-Ppublic Facility UP UP UP UP UP UP
Transportation, & Infrastructure &
Public Utilities
City of Grover Beach Development Code – Public Draft Page | 6 Parking Facility -- -- UP -- UP --
Public Utilities Facilities, Minor UP UP UP UP UP UP
Telecommunication Facility UP UP UP UP UP UP Section 4.40 End Note

1. All uses identified as permitted or ‘P” require approval of one or more permits per Section 2.10.040.C. Permits Required. All uses identified as permitted or “P” require approval of one or more of the following development applications (as well as a building permit if a new or modified structure is involved):
a. Development Permit (Section 6.20.060);
b. Administrative Development Permit (Section 6.20.020); c. Coastal Development Permit (Section 6.20.040); and/or d. Zoning Clearance (Section 6.20.110)
Legend
P Permitted Use
UP Use Permit Required
-- Use Not Allowed
City of Grover Beach Development Code – Public Draft Page | 7

2.30 Commercial Zones
Sections:

2.30.010 -– Purpose (no changes)

2.30.020 - Purpose of the Commercial Zones (no changes)

2.30.030 - Commercial Zones Allowable Land Uses and Permit Requirements

2.30.040 - Commercial Zones Development Standards (no changes)

2.30.050 - Commercial Zones Design Miscellaneous Standards

2.30.030 Commercial Zones Allowable Land Uses and Permit Requirements Table 2.4 Commercial Zones Allowable Land Uses and Permit Requirements1 Land Use CB CBO NC RC VS/
CVS1 CC1 Specific Use Regulations
Manufacturing Uses
High Technology Uses P4 P4 -- -- P4 P
Manufacturing - Artisan -- -- -- -- -- UP
Recreation, Education & Public Assembly
Commercial Recreation Facility -
Indoor
< 3,000 sf UP UP UP UP UP UP
> 3,000 sf UP UP -- UP UP UP
Commercial Recreation Facility –
Outdoor and Indoors -- -- -- -- UP UP
Health/Fitness Facility
< 3,000 sf P P P P UP4 UP Section 4.10.135
> 3,000 sf UP UP UP UP UP4 UP
Meeting Facility, (pPublic or Pprivate)
< 3,000 sf -- P P P P UP
> 3,000 sf -- P P P UP UP
Park or, Playground (pPublic) P P P P P P
Public or Quasi-Public Facility UP UP UP UP UP UP
Recreational Vehicle (RV) Park -- -- -- -- UP --
Specialized Education/Training -- UP -- UP -- UP
Studio – Art, Dance, Martial Arts
< 3,000 sf P P P P UP UP Section 4.10.135
> 3,000 sf UP UP UP UP UP UP
Residential
Accessory Dwelling Unit (ADU) P P P P P P
Only in conjunction with a
permitted or existing
residential use.

Section 4.10.015 applies.

Communal Housing -- UP -- -- -- --
Home Occupation P P P P P P Section 6.20.070
Live/Work Unit -- UP UP -- UP7 UP Section 4.10.090
Low Barrier Navigation Center P P P P P P Section 4.10.095 City of Grover Beach Development Code – Public Draft Page | 8 Table 2.4 Commercial Zones Allowable Land Uses and Permit Requirements1 Land Use CB CBO NC RC VS/
CVS1 CC1 Specific Use Regulations
Mixed-Use Project UP UP UP UP UP2 UP Section 4.25.040
Section 4.25.050
Multi-Unit Attached Dwelling -- P -- -- -- -- Section 4.25.040 Section 4.25.050
Residential Care Facility for the Elderly
(RCFE) UP4 UP -- -- -- --
Senior Housing P4 P -- -- -- -- Section 4.10.180
Short-Term Rental (STR) P P P P P P Section 4.10.185
Single Room Occupancy (SRO)
Facility -- UP -- -- -- -- Section 4.10.200
Transitional and & Supportive Housing P P P P P2 P
Retail
Adult Business -- -- -- UP -- -- Section 4.20
Automobile Service Station -- -- -- UP -- --
Bar/Tavern/Night Club UP UP -- UP UP --
Building/Landscape Materials, Indoor P P -- P -- --
Building/Landscape Materials, Outdoor -- UP -- UP -- -- General Retail, except the following: P P P P P P
Alcoholic Beverage Sales UP UP UP UP UP --
Drive-thru -- -- -- UP -- --
Floor area (single tenant over
5,000 square feet) P P -- P P P
Operating between 10:00
p.m. and 7:00 a.m. UP UP -- UP UP UP
Resale Stores P P P P P P Section 4.10.160
Thrift Store P P P P -- -- Section 4.10.210
Plant Nursery P P -- P P P
Mobile Vendors P P P P P P Section 4.10.115
Restaurant P P P P P UP
Drive-thru -- -- -- UP -- --
Live Entertainment P P P P P UP Section 4.10.080
Sidewalk Seating P P -- -- P -- Section 4.10.190
Vehicle Sales -- -- -- UP -- --
Wine Tasting P P -- -- P P
Services
Animal Care Facility -- UP UP UP -- UP
Automated Teller Machine (ATM) P P P P P P
Business Support Services P P P P -- P
Child Day Care - Day Care Center P P P P P P Section 4.10.070 Equipment Rental -- -- -- UP -- --
Financial Institutions P P -- P -- --
Lodging UP UP -- UP3 UP UP
Massage Establishments P4 P P P P4 P Section 4.10.100
City of Grover Beach Development Code – Public Draft Page | 9 Table 2.4 Commercial Zones Allowable Land Uses and Permit Requirements1 Land Use CB CBO NC RC VS/
CVS1 CC1 Specific Use Regulations
Medical Services - Clinic or /Urgent
Care -- UP -- UP -- --
Medical Services -– Doctor’s Office P P P P -- UP
Medical Services - Extended Care -- UP4 -- UP -- --
Office – Business/Service P P P P P4 P
Office - Professional P P P P P4 P
Office – Visitor Serving -- -- -- -- P P
Personal Services P P P P P UP
Personal Services -Restricted -- -- -- UP -- --
Repair Services – Small Equipment -- P P P -- --
Recycling Facility – Reverse Vending
Machines -- P -- P -- -- Section 4.10.150
Recycling Facility – Small Collection
Facility -- P -- P -- -- Section 4.10.150
Vehicle Rental -- UP -- UP UP 5 UP 5
Vehicle Repair and& Services -- -- -- UP -- --
Transportation & Infrastructure
Parking Facility UP UP UP UP UP UP
Public Utilities Facilities, Minor UP UP UP UP UP UP
Telecommunication Facility UP UP UP UP UP6 UP Section 4.40 End Note

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

3. Use not allowed on West Grand Avenue.

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

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

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

Legend
P Permitted Use
UP Use Permit Required
-- Use Not Allowed

City of Grover Beach Development Code – Public Draft Page | 10

2.30.050 Commercial Zones Design Miscellaneous Standards A. Mixed-Use and Residential Projects. All mixed-use and residential projects in commercial zones shall comply with the design standards and regulations in Section

4.25 (Residential and Mixed-Use Objective Design Standards).

B. Performance Sstandards for all projects.

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

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

D. Adjacency to Residential Zones. See Section 3.10.062 (Edge Conditions) (Nonresidential/Residential Zone Interface)

1. Landscaping. Where a project abuts a residential zone, a minimum of five feet of dense landscaping shall be planted adjacent to the residential zone. Wall standards of Section 3.10.065.A (Screening between nonresidential and residential zones) shall also apply.

2. Upper Story Setbacks.
a. Where a rear or side property line abuts a residential zone, buildings in the commercial zone shall not intercept a 45-degree daylight plane inclined inward from 15 feet above existing grade at the property line of the parcel adjacent to the residential zone boundary line.

City of Grover Beach Development Code – Public Draft Page | 11 Figure 2.3 – Commercial/Residential Zone Edge Conditions b. Where a commercially zoned property’s front property line abuts a residential zone (across the street), buildings in the commercial zone shall not exceed 35 feet for a depth of 25 feet, as measured from the front property line.

E. Design Standards for all commercial zones. Nonresidential projects within commercial zones shall comply with the following design standards:

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

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

3.10.075 (Trash Enclosures).

F. Design standards for natural resources as amenities.

1. New public or private developments adjacent to creeks, oak woodlands and wetlands as identified in the General Plan, Local Coastal Program, and/or by State and federal laws, must incorporate the natural features as project amenities, City of Grover Beach Development Code – Public Draft Page | 12 in a way that protects the resources and does not diminish values as habitat, flood control, and groundwater cleansing and recharge.

2. To the extent appropriate nexus findings can be made, developments along creeks will include public access across the development site to the creek and along the creek, provided that wildlife habitat, public safety, and reasonable privacy and security of the development can be maintained.

3. Within the Coastal Zone, Environmentally Sensitive Habitat Areas (ESHA) shall be protected against any significant destruction of habitat values and only uses dependent on those resources shall be allowed within those areas. ESHA shall require a 50-foot buffer on both sides of the creek as measured from the highest creek bank or designated/regulated floodway.

G. Design standards for the area west of Highway 1.

1. All development in this area shall be sited and designed to protect existing view slots or corridors from Highway 1 and upland areas to the dunes and shoreline.

2. All development in this area shall be sited and designed to enhance or create new view slots from Highway 1 to the dunes and shoreline.

3. All development be sited and designed to protect and enhance the filtration capabilities of Meadow Creek where feasible.

4. Reasonable mitigation measures shall be required to protect archaeological or paleontological resources.

5. Native plant material shall be the major theme in all landscape designs.

6. All roads, parking lots, and structures shall be sited and designed to prevent impacts which would significantly degrade the adjacent environmentally sensitive area.

7. The architectural theme of development in this area shall generally follow the criteria set forth in any adopted Architectural Design Guidelines and additionally said architectural theme shall be compatible and complimentary to the existing natural vegetation and land forms. The architecture and site design shall include the following characteristics, in order to reduce massing and reduce the sense of verticalness of structures:
a. Use of structural, architectural design elements (i.e., corridors, heavy beams, posts, arches, columns, colonnades, canopies, cornices, etc.). b. Strong textured look, using woods, tiles, pavers, stuccos, stones, blocks and bricks, colors, plant material, recesses, etc.
c. Strong feeling or overhead treatment such as roof overhangs, balconies, or dark facias.
d. Earthen colors. Colors with warm, natural tones. Colors range from whites, yellows, browns, clays, slates, etc.

City of Grover Beach Development Code – Public Draft Page | 13 e. Wall relief (graphic, three dimensional design, landscaping, heavy textured stucco, wood tiles, etc.).
f. Strong window statement (treatment of frame, mullions, border, etc.).

8. The minimum distance separating buildings shall be equal to the sum of the height of any two adjacent buildings divided by two, but in no case less than 10 feet between buildings.

9. Drainage systems shall be designed to ensure that all silts and oils are removed prior to the water entering a natural drainage channel.

10. Areas of significant natural vegetation shall be protected and enhanced where feasible.

11. The existing habitat value of Meadow Creek shall be protected and enhanced by the use of buffer zones, additional native landscaping, and sediment/oil control devices and with controlled and limited pedestrian access to buffer zone areas. A 50-foot buffer on both sides of the creek shall be required as measured from the highest creek bank or designated/regulated floodway.

12. The maximum allowable coverage for any project shall be 60 percent. The remaining 40 percent shall be landscaped and/or natural open areas.

13. Hotel/motel/lodge type developments shall have a maximum density of 20 rooms/acre south of Le Sage Drive and a maximum density of 10 rooms/acre north of Le Sage Drive.

14. All development in this area shall be required to maintain or enhance public access to and along the shoreline based on the development’s impact on public access.

City of Grover Beach Development Code – Public Draft Page | 14

2.40 Industrial Zones
Sections:

2.40.010 -– Purpose (no changes)

2.40.020 - Purpose of the Industrial Zones (no changes)

2.40.030 - Industrial Zones Allowable Land Uses and Permit Requirements

2.40.040 - Industrial Zones Development Standards

2.40.050 - Industrial Zones Miscellaneous Requirements

2.40.030 Industrial Zones Allowable Land Uses and Permit Requirements Table 2.6 Industrial Zones Allowable Land Uses and Permit Requirements1 Land Use CI1 CIC1 I Specific Use Regulations
Industry, Manufacturing & Processing
High Technology Uses P P P
Manufacturing, Artisan P P P Section 4.10.130
Manufacturing/Processing, Heavy -- -- UP Section 4.10.130 Manufacturing/Processing, Light P P P Section 4.10.130
Manufacturing/Processing, Medium UP -- UP Section 4.10.130 Media Production P P P
Commercial Cannabis Activity & Uses UP UP UP Section 4.10.045 Printing and Publishing P P P
Recycling Facility – Processing Facilities -- -- UP Section 4.10.150 Storage – Warehouse P P P
Storage – Outdoor UP -- UP Section 4.10.130
Storage – Personal Storage Facility P -- P Section 4.10.140 Storage - Vehicles UP -- UP Section 4.10.130
Wholesaling and& Distribution P P P
Recreation, Education & Public Assembly
Commercial Recreation Facility – Indoor UP UP UP
Commercial Recreation Facility – Outdoor UP -- UP
Health/Fitness Facility UP UP UP Section 4.10.135
Meeting Facility, (public or private) UP UP UP
Studio – Art, Dance, Martial Arts UP UP UP Section 4.10.135 Public or Quasi-Public Facility UP UP UP
Specialized Education/Training UP UP UP
Residential
Accessory Dwelling Unit P P P Section 4.10.015
Caretaker’s Residence P P P Section 4.10.050
Home Occupation P -- P P Section 6.20.070
Live/Wwork Unit UP UP UP Section 4.10.090
Low Barrier Navigation Center P --P P Section 4.10.095
City of Grover Beach Development Code – Public Draft Page | 15 Table 2.6 Industrial Zones Allowable Land Uses and Permit Requirements1 Land Use CI1 CIC1 I Specific Use Regulations
Mixed-Use Project -- UP -- Section 4.25.040, Section

4.25.050
Short-Term Rental (STR) -- P -- Section 4.10.185
Transitional and& Supportive Housing P P P
Retail
Accessory Retail and /Service Uses P P P Section 4.10.020 Adult Business UP -- -- Section 4.20
Automobile Service Station UP -- UP
Building/Landscape Materials, Indoor P -- P
Building/Landscape Materials, Outdoor UP -- UP Section 4.10.130 Fuel Dealer UP -- UP
General Retail P P P
Mobile Vendors P P P Section 4.10.115
Plant Nursery P -- P
Restaurant UP UP UP
Vehicle Sales P -- P
Services
Automated Teller Machine (ATM) P P P
Animal Boarding or Kennel P -- P
Animal Care Facilities P -- P
Business Support Services P P P
Catering Service P P P
Equipment Rental P -- P Section 4.10.130
Lodging -- UP --
Maintenance Service – Client Site Services P UP P Section 4.10.130 Medical Sservices – Clinic or /Urgent Care P -- P
Mortuary/Funeral Home UP -- UP
Office – Business/Service P P P
Office – Processing P P P
Office – Professional P P P
Recycling Facility – Large Collection Facilities -- Section 4.10.150 Recycling Facility – Processing Facility UP -- UP Section 4.10.150 Recycling Facility – Reverse Vending Machine P -- P Section 4.10.150 Recycling Facility – Small Collection Facilities P -- P Section 4.10.150 Repair Services – Large Equipment P -- P Section 3.10.065; Section

4.10.130
Repair Services – Small Equipment P P P
Vehicle Rental P -- P
Vehicle Repair and& Services P -- P Section 4.10.130
Transportation & Infrastructure
Freight Terminal -- -- UP
City of Grover Beach Development Code – Public Draft Page | 16 Table 2.6 Industrial Zones Allowable Land Uses and Permit Requirements1 Land Use CI1 CIC1 I Specific Use Regulations
Parking Facility UP UP UP
Public Utilities Facilities, Major UP UP UP
Public Utilities Facilities, Minor P P P
Telecommunications Facility UP UP UP Section 4.40
End Note

2.40.040 Industrial Zones Development Standards
Table 2.7 Industrial Zones Development Standards

CI CIC I
Building Placement Requirements
Setbacks
Front and Street Side
Adjacent to Residential Zone
10’
15’
10’
NA
10’
15’
Side
Adjacent to Residential Zone
0’
10’
0’
NA
0’
10’
Rear
Adjacent to Residential Zone
0’
10’
0’
NA
0’
10’
Building Form Requirements
Building Height (max.) 40’ 1 40’ 40’ 1
Coverage (max.) 60%2 60%2 60%2
Density/Intensity Requirements
Residential Density (units/acre) –
maximum23 N/A 20 N/A
FAR (max.) 1.02 1.0 1.02
Lot Requirements
Lot size (min.) 10,000 sf 10,000 sf 20,000 sf
Lot Width (min.) 60’ 60’ 100’
Lot Depth (min.) 100’ 100’ 100’
Other Requirements
City of Grover Beach Development Code – Public Draft Page | 17 Table 2.7 Industrial Zones Development Standards

CI CIC I
Landscaping (min.) 5% 5% 5%
Fences, Walls and Screening See Section 3.10.020, Section 3.10.065 Parking See Section 3.50
Signs See Section 3.60
End Note

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

2. The Review Authority may increase the lot coverage to 100% and/or the FAR to 1.5 if a finding is made that the project will provide a substantial economic benefit to the City and coastal resources are protected consistent with the Local Coastal Program.

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

2.40.050 Industrial Zones Miscellaneous Standards
A. Adjacency to Residential Zones. Where a project abuts a residential zone, a minimum of 10 feet of dense landscaping shall be planted adjacent to the residential zone. Wall standards of Section 3.10.065A. (Screening between nonresidential and residential zones) shall also apply. See Section 3.10.062 (Edge Conditions) A. B. Design Standards. All Nonresidential projects within industrial zones development shall comply with the following design standards and the adopted Industrial Design Guidelines:

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

1.2. Building Design. Buildings visible from a street shall use exterior building and trim materials consisting of a minimum of two complementary materials. The building entry shall be a focal point with enhanced architectural features. Building elevations visible from a street shall incorporate architectural treatments and/or variations in building setbacks to avoid large unarticulated/monotonous building and roof planes.

2.3. Access and Parking. Site access shall be convenient and easily identifiable.

Parking areas shall be located at the sides and rear of buildings to the maximum extent feasible.

3.4. Storage and Service Areas. All service areas, outdoor storage areas, outdoor work areas and loading areas shall be located at the sides and rear of buildings to the maximum extent feasible and screened from public view in compliance with Section 3.10.065 (Screening).

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

City of Grover Beach Development Code – Public Draft Page | 18

5.6. Trash Enclosures. All trash and recycling storage areas shall comply with Section 3.10.075 (Trash Enclosures).

6. Adjacency to Residential Zones. Where a project abuts a residential zone, a minimum of 10 feet of dense landscaping shall be planted adjacent to the residential zone. Wall standards of Section 3.10.065A. (Screening between nonresidential and residential zones) shall also apply.

C. Alternative Compliance. An increase in FAR or lot coverage may be permitted per Section 6.20.072 (Modification to Standards).

City of Grover Beach Development Code – Public Draft Page | 19

2.50 Public Facilities Zone
Sections:

2.50.010 -– Purpose (no changes)

2.50.020 - Public Facilities Zone Allowable Land Uses and Permit Requirements

2.50.030 - Public Facilities Zone Development Standards (no changes)

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

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

2.10.040.C. Permits Required. All uses identified as permitted or “P” require approval of one or more of the following development applications (as well as a building permit if a new or modified structure is involved):
a. Development Permit (Section 6.20.060);
b. Administrative Development Permit (Section 6.20.020); c. Coastal Development Permit (Section 6.20.040); and/or d. Zoning Clearance (Section 6.20.110)
Legend
P Permitted Use
UP Use Permit Required
-- Use Not Allowed
City of Grover Beach Development Code – Public Draft Page | 20

2.60 Parks & Recreation Zone
Sections:

2.60.010 Purpose (no changes)

2.60.020 Parks & Recreation Zone Allowable Land Uses and Permit Requirements

2.60.030 Parks & Recreation Zone Development Standards (no changes)

2.60.020 Parks & Recreation Zone Allowable Land Uses and Permit Requirements
Table 2.9 Parks & Recreation Zone Allowable Land Uses and Permit Requirements1 Land Use PR Specific Use Regulations
Recreation, Education & Public Assembly
Community Gardens P
Park or, playground (public) P
Public or Qquasi-Ppublic Ffacility P
Transportation & Infrastructure
Parking Ffacility P
Public Utilities Facilities, Minor P
Telecommunication Ffacility UP Section 4.40
End Note

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

City of Grover Beach Development Code – Public Draft Page | 21

2.70 Open Space Zones
Sections:

2.70.010 -– Purpose (no changes)

2.70.020 - Purpose of the Open Space (no changes)

2.70.030 - Open Space Zones Allowable Land Uses and Permit Requirements

2.70.040 - Open Space Zones Development Standards (no changes)

2.70.030 Open Space Zones Allowable Land Uses and Permit Requirements Table 2.10 Open Space Zones Allowable Land Uses and Permit Requirements1 Land Use OS COS1 CGC1 CPB1 CVB1 Specific Use
Regulations
Recreation, Education & Public Assembly
Park, or Playground (pPublic) P -- -- -- --
Public or Quasi-Public Facility UP --UP -- -- --
Beach Use – Pedestrian Only -- -- -- P --
Beach Use – Vehicles Allowed -- -- -- -- P
Community Gardens P -- -- -- --
Golf Course (Public) -- -- P -- --
Scientific/Educational Wildlife Preserves -- P -- -- -- Undisturbed Open Space, UndisturbedUses P P2 -- -- --
Passive Use Facilities P P3 --P --P --P
All Open Space, Recreational, Scientific &
Educational Uses -- -- -- P43 P54
Transportation & Infrastructure
Parking Facility UP UP -- -- --
Telecommunication Facility UP UP65 UP65 -- -- Section 4.40 End Notes

1. All uses identified as permitted or ‘P” require approval of one or more permits per Section 2.10.040.CPermits Required. All uses identified as permitted or “P” require approval of one or more of the following development applications (as well as a building permit if a new or modified structure is involved):
a. Development Permit (Section 6.20.060);
b. Administrative Development Permit (Section 6.20.020); c. Coastal Development Permit (Section 6.20.040); and/or d. Zoning Clearance (Section 6.20.110).

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

3. Use shall be associated with scientific/educational wildlife preserves or undisturbed open space uses and include bird-watching blinds, minimal nature paths, and other similar uses which are consistent with this Zone.

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

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

6. 5. Telecommunications facilities are prohibited west of Highway 1, unless they are not visible from public viewing areas, meet the standards of Section 4.40.030.A.1., or such a prohibition would result in a conflict with Federal Law. (Am. Ord. 14-04)
City of Grover Beach Development Code – Public Draft Page | 22 Legend
P Permitted Use
UP Use Permit Required
-- Use Not Allowed
Page | 23
CHAPTER 3. STANDARDS FOR ALL

DEVELOPMENT AND LAND
USES

3.10 Standards for All Development and Land Uses
Sections:

3.10.010 - Purpose & Applicability (no changes)

3.10.020 - Fences and Walls

3.10.025 - Fractional Density for Multi-Unit Developments (no changes)

3.10.030 - Height Limitations and Exceptions (no changes)

3.10.035 - Lot Coverage and Exceptions (no changes)

3.10.040 - Outdoor Lighting (no changes)

3.10.045 - Open Space for Residential Uses (no changes)

3.10.050 - Performance Standards (no changes)

3.10.060 - Reasonable Accommodations (no changes)

3.10.062 – Edge Conditions (NEW SECTION)

3.10.065 - Screening

3.10.070 - Setback Requirements and Exceptions (no changes)

3.10.075 - Trash Enclosures (no changes)

3.10.080 - Upper Story/Rooftop Decks and Open Spaces

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

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

C. Public Safety and Driver’s Visibility. Fences and walls shall be constructed so as to not interfere with traffic safety sight areas or public safety consistent with Section

3.10.030.E (Restriction to height limits at street corners).

D. General Measurement. The Ffence and/or wall height shall be measured from the lowest adjacent grade along the lower side of to the uppermost part of the fence or wall and/or fence, directly at the base of either the wall or fence (Refer to Figure 3.1 – Measurement of Fences and Walls). Fences and walls located within the sitesight triangle area as depicted in City’s Engineering Standard and Specification (B.21) shall be measured from the roadway grade.

City of Grover Beach Development Code – Public Draft Page | 24 Figure 3.1 – Measurement of Fences and Walls.

E. Height Maximums.

0.1. Height limitsFences and Walls wWithin Rrequired Ssetbacks or property frontages. Height maximums for Ffences or and walls located may be placed within required setbacks, as established in Chapter 2 (Zones and Allowable Land Uses), are as set forth provided they do not exceed the height limits shown in Table 3.1 and the standards of this Section.

Table 3.1 Maximum Height of Fences or Walls
Location of Fence or Wall (Within Required Setback)1 Maximum Height2 Within a fFront Ssetback3 (refer to Figure 3.1) 3.5 feet (42 inches) 1, 4 Rear Setback3 7 feet
Interior Side Setback3 7 feet
Corner lots (refer to Figure 3.2)
Front setback
Street Sside Ssetback3 (Corner Lots)

3.5 feet (42 inches) 1,3,4
6 feet 3,4
Outside of Required Setbacks 7 feet
SiteSight Triangle Area4 3.5 feet
Within an interior side or rear setback 7 feet 2
Notes:

1. A fence or wall up to six feet in height is allowed when the portion above 3.5 feet is a minimum of 75% transparent allowing air and light to pass through (Refer to Figure

3.3).

2. In non-residential zones, a solid fence or wall up to eight feet in height may be allowed for screening or security purposes subject to approval of an Administrative Development Permit.

3. Property owners in residential zones with a corner lot may designate one side of the property as front setback, and the other as the street side setback as shown in Figure

3.2, for purposes of determining fence heights only.

4. All fences and walls shall comply with Section 3.10.030.E. (Restrictions to height limits at street corners, Figure 3.10)
City of Grover Beach Development Code – Public Draft Page | 25

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

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

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

4. See Section 3.10.030.E (Restrictions to height limits at Street Corners).

Figure 3.2 – Fence and Wall Setback Areas.

2. Exceptions to Height Maximums.
a. General. Decorative and architectural elements attached to or incorporated into the design of a fence or wall may exceed the required height limit by up to 12 inches, provided the decorative or architectural element(s) are less than 12 inches wide when used to define an entryway, or are spaced at least four feet apart, without requiring approval of a Modification to Standards (Section 6.20.072).
b. Within Required Front Setbacks. A fence or wall up to six feet in height is allowed when the portion above 3.5 feet is a minimum of 75 percent transparent, allowing air and light to pass through (refer to Figure 3.3 – Example of 75% Transparency Calculation), without requiring approval of a Modification to Standards (Section 6.20.072).
a.c. See also Section 3.10.010.K (Alternative Compliance).

City of Grover Beach Development Code – Public Draft Page | 26 Figure 3.3 – Example of 75% Transparency Calculation

3. Arbors, Trellis, and Ornamental Features. Arbors, trellises, and other similar ornamental features are allowed within a required setback subject to the same height limitsmaximums that apply to fences and walls, as set forth in Table 3.1, except as provided in this Subsection.:
a. Within front, street side, interior side and rear setbacks. Up to one arbor, trellis, or other similar ornamental feature per street frontage is allowed with a maximum height of eight feet, and an area of not more than 40 square feet as measured by the perimeter formed by the vertical projection to the ground of the outermost elements of the feature., and nNo horizontal dimension shall exceed eight feet in length. Any portion of such a feature wider than 18 inches and that exceeds the usual fence height requirements of this Subsection shall be of an open design such that a person standing on the adjacent public right-of-way can see completely through at least 50 percent of the structure (refer to Figure 3.45 – Measurement of Arbor, Trellis, or Ornamental Feature). Features within required setbacks shall comply with Section 3.10.030.E (Restrictions to height limits at street corners).

City of Grover Beach Development Code – Public Draft Page | 27 Figure 3.54 – Measurement of Arbor, or Trellis, or Ornamental Feature D.F. Fences on retaining walls within the front or street side setbacksRetaining Walls and Fences on Retaining Walls. Fences and walls located on top of retaining walls within the front or street side setback shall be counted towards the maximum fence heightcomply with the following standards:.

1. Fence and/or wall height shall be measured from the adjacent grade along the lower side of the wall and/or fence, directly at the base of either the wall or fence.

Fences on top of retaining walls within the front or street side setback shall be counted towards the maximum fence height.

Maximum height of retaining wall shall benot exceed six feet as measured from the adjacent grade on the lower side.
b. Measurement and Spacing.
i. General. Where fences or walls are located on retaining walls within front and street side setbacks, the height of both the retaining wall and the fence shall count toward the overall height of the fence or wall.
ii. Exception. Fences located in the front or street side setback that are set back at least two feet from the retaining wall, as measured from the back of the retaining wall to the front of the fence, shall be measured separately from the retaining wall height.

2. Exception. A fence with maximum heights consistent with Section 3.10.020.C may be allowed with the following conditions:
a. Retaining Wall. Maximum height of retaining wall shall be six feet as measured from the adjacent grade on the lower side.

City of Grover Beach Development Code – Public Draft Page | 28 Setback required. A minimum setback of two feet as measured from the back of the retaining wall to the front of the fence (refer to Figure 3.4).

Figure 3.54 – Measurement of Retaining Wall and Fence Height located within the Front or Street Side Setbacks
E. Fences and walls located within the public right-of-way. Fences and walls that comply with the requirements of this Section may be located within the public right-ofway behind the existing or future sidewalk location if an Encroachment Permit is issued.

F. Standards for fences located outside of the required setback areas. The maximum wall or fence height is seven feet in residential zones outside of required setback areas.

G. Arbors, trellis, and ornamental features.

1. Arbors, trellises, and other similar ornamental features are allowed within a required setback subject to the same height limits that apply to fences and walls, except as provided in this Subsection.
a. Within front, street side, interior side and rear setbacks. Up to one arbor, trellis, or other similar ornamental feature per street frontage is allowed with a maximum height of eight feet, and an area of not more than 40 square feet as measured by the perimeter formed by the vertical projection to the ground of the outermost elements of the feature, and no horizontal dimension shall exceed eight feet in length. Any portion of such a feature wider than 18 inches and that exceeds the usual fence height requirements of this Subsection shall be of an open design such that a person standing on the adjacent public right-of-way can see completely through at least 50 percent of the structure (refer to Figure 3.5). Features within required setbacks shall comply with Section 3.10.030.E (Restrictions to height limits at street corners).

City of Grover Beach Development Code – Public Draft Page | 29 Figure 3.5 – Measurement of Arbor or Trellis

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

Figure 3.6 – Measurement of Retaining Wall and Fence Located on Lower Lot b. Retaining walls located on the higher lot within interior side or rear setbackHigher Lot. Where fences or walls are located on retaining walls, or landscaped berms, that greater than one foot in height on the higher lot, the height of the retaining wall shall count toward the be considered as a part of the overall height of the fence or wall and shall not exceed seven feet in height as measured from the lower side (refer to Figure 3.7 – Measurement of Retaining Wall and Fence Located on Higher Lot).
c. Measurement and Spacing.Walls or fences Fences and walls shall have a minimum spacing of three feet between each other to be considered separate structures for purposes of measuring height.

Figure 3.6 – Measurement of Retaining Wall and Fence Located on Lower Lot City of Grover Beach Development Code – Public Draft Page | 30 Figure 3.7 – Measurement of Retaining Wall and Fence Located on Higher Lot

3. Walls or fences shall have a minimum spacing of three feet between each other to be considered separate structures for purposes of measuring height.

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

Figure 3.8 – Measurement of Fence on Landscaped Berm
City of Grover Beach Development Code – Public Draft Page | 31 Standards for fences located outside of the required setback areas. The maximum wall or fence height is seven feet in residential zones outside of required setback areas.

H. Fences and walls located within the public right-of-way. Fences and walls that comply with the requirements of this Section may be located within the public right-ofway behind the existing or future sidewalk location if an Encroachment Permit is issued.

A. Minor exceptions. The Director may approve an Administrative Development Permit to make minor exceptions for unusual circumstances such as topography to maintain the effectiveness of screening as would generally be provided by Subsections A through H.

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

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

2. Chain link fencing within a front or street side property frontage. Chain link fencing shall be prohibited in conjunction with all new structures unless an exception is approved by the Review Authority.

J. Minor exceptionsAlternative Compliance. The Director may approve an Administrative Development Permit to make minor exceptions for unusual circumstances such as topography to maintain the effectiveness of screening as would generally be provided by Subsections A through H.

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

City of Grover Beach Development Code – Public Draft Page | 32

3.10.030 Height Limits and Exceptions
D. Exceptions to height limits. The following structures and structural features may exceed the height limits of this Development Code as noted:

1. Architectural features. A steeple, tower, cupola, monument, or similar unoccupied architectural feature may exceed the height limit by up to eight feet subject to approval of a Modification to Standards (Section 6.20.072).

Architectural features that exceed the height limit and are greater than eight feet require Use Permit approval.

2. Chimney or vent. A chimney or vent may exceed the maximum height of the applicable zone if required to meet Building Code requirements without requiring approval of a Modification to Standards (Section 6.20.072).

3. Mechanical equipment. Rooftop mechanical equipment and related architectural screening may exceed the height limit by up to eight feet subject to approval of a Modification to Standards (6.20.072).

5. Telecommunications facilities. The height of telecommunications facilities, including antennas, poles, towers, and necessary mechanical appurtenances shall comply with Section 4.40 (Telecommunications Facilities).

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

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

3.10.080 (Upper Story Open Spaces).

D. Landscaping.

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

City of Grover Beach Development Code – Public Draft Page | 33

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

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

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

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

G. Setbacks. Where a rear or side property line of a nonresidential or mixed-use project abuts a residential zone, the setback standards shall be as set forth in Table 3.2:

Edge Conditions Minimum Setbacks. See also Figure 3.11: Edge Conditions Side and Rear Setbacks Requirement.

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

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

2. Setbacks for Accessory Dwelling Units shall comply with Section 4.10.015 (Accessory Dwelling Units)
City of Grover Beach Development Code – Public Draft Page | 34 Figure 3.11 –Edge Conditions Side and Rear Setback Requirement.

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

3.10.065 Screening
A. Screening between nonresidential and residential zones. See Section 3.10.062 (Edge Conditions)Visual screening shall be provided along any property line where a non-residential use abuts a residential zone. The following standards shall apply.

1. The screen shall consist of a solid, decorative wall of masonry or similar durable material at least six feet in height. The Review Authority may require a wall up to eight feet in height if necessary to screen the non-residential use from the residential use.

2. The decorative wall shall be architecturally treated on both sides and subject to the approval of the Review Authority.

3. The Review Authority may waive or approve a substitute for the requirements of this Subsection if the Review Authority determines that:
a. The relationship of the proposed uses makes the required screening unnecessary;
b. The intent of this Subsection can be successfully met by means of alternative screening methods;
City of Grover Beach Development Code – Public Draft Page | 35 c. Physical constraints on the site make the required screening infeasible; and/or
d. The physical characteristics of the site or adjoining lots make the required screening unnecessary.

B. Mechanical Equipment and Loading Docks.

1. In nonresidential all zones, mechanical equipment shall be screened or incorporated into the design of the building so as not to be visible from public view from adjoining public streets and adjoining areas zoned for residential uses.

This equipment includes all roof-mounted equipment, air conditioning, heating, ventilation ducts, and exhaust vents, loading docks, trash storage areas, and utility services, electrical transformers, gas meters, backflow prevention systems, etc. The exception is any required on-site fire-fighting equipment which must be accessible to emergency personnel.

2. In residential zones, mechanical equipment shall be screen from public view when visible from public streets. This includes air conditioning, heating, and other similar mechanical equipment. The exception is any required on-site fire-fighting equipment which must be accessible to emergency personnel.

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

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

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

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

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

C. Loading Docks and Loading Areas.

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

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

City of Grover Beach Development Code – Public Draft Page | 36 D. Trash Receptacles. Trash, green waste, and recycling receptacles shall not be located within the front yard setback area, except as provided in Municipal Code Article V Chapter 4 Section 5401 (Regulations for Accumulation), and as stated below:

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

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

3.10.080 Upper Story/Rooftop Decks and Open Spaces
A. Purpose. The Upper Story and Open Space standards support privacy between sensitive uses and establish elements in the site design and building design to result in a compatible transition between properties.This section provides development and design standards for new construction, additions, or remodels of upper story/rooftop decks and open spaces on rooftops and upper-level stories to provide additional open space that is functional for its users and mitigates noise and visual impacts on adjacent properties.

C. Permit Requirements. Permit requirements. Upper story open spaces /rooftop decks are subject to Zoning Clearance approvalprior to issuance of building permits (Section 6.20.110).

A.D. Rooftop Decks in Residential Zones – Rear and Side SetbacksAdditional Setbacks. Upper story open spaces located in any residential zone and upper story open spaces located in any non-residential zone that is adjacent to a residential zone shall comply with additional setback requirements:

1. The uUpper story open spaces/rooftop deck and required guardrail shall be set back an additional minimum of five feet from the floor located directly below on therequired rear and or side setback sidesas shown in Figure 3.12. In cases where the top story is already set back at least five feet from the minimum required setback, the rooftop deck does not require an additional setback.

City of Grover Beach Development Code – Public Draft Page | 37 Figure 3.12 – Setbacks for Upper Story/Rooftop Decks Open Spaces in Residential Zones B. Rooftop Decks in Commercial and Industrial Zones. No additional setback for rooftop decks is required in Commercial and Industrial zones.

C.E. Rooftop Decks in All ZonesDesign Standards.

1. Permit requirements. Upper story/rooftop decks are subject to Zoning Clearance approval.

2. Accessory Structure Rooftop Decks Prohibited. Upper story/rooftop decks are prohibited on accessory structures and detached accessory dwelling units (ADUs).

3.1. Rooftop Deck Access. The access to the rooftop deck andAny exterior stairway access to an upper story open spacedesign shall be integrated into the design of the residential structure in terms of materials, colors, and architectural style and shall not be visible from any front or street side public right-of-way. Cantilevered stairway designs are specifically prohibited.

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

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

City of Grover Beach Development Code – Public Draft Page | 38

6. Guardrails. The guardrail for any upper story open space shall be integrated into the design of the structure in terms of materials, colors, and architectural style.

The guardrail shall be designed with at least 50% opacity to visually obscure views of personal storage within the open space area.

4.7. Height Limits.
a. General. The height of any railings or parapets, exterior stairways, permanent shade structures (including awnings, canopies, pergolas, trellises, or similar structures), and any other features shall not exceed the maximum allowable building height for the structure, except as described below and as otherwise allowed by Section 3.10.030 (Height Limits and Exceptions).
i. Guardrail. The guardrail shall not exceed the maximum height limit for the zone in which the building is located.
ii. Cover. No portion of upper story/rooftop decks shall be covered with temporary or permanent shade structures, including awnings, canopies, pergolas, trellises, or similar structures, unless such structure does not exceed the maximum height limit for the zone in which the building is located.
iii.b. Furniture and LandscapingException. Other tTemporary objects that rest upon the rooftop deckupper story open space such as patio furniture and landscaping shall be allowed to exceed the maximum height limit by five feet. No other temporary or permanent structures or features shall exceed the maximum height limit.
iv. Exceptions to Height Limits. Section 3.10.030.D (Exceptions to height limits) shall not apply to features located on upper story/rooftop decks, with the exception of elevators and stairways required for egress. For elevators and stairways, see Section 3.10.030 (Height Limits and Exceptions).

5. Furniture. All furniture and accessories located on a rooftop deck shall be secured as necessary to prevent wind damage or dislocation.

8. Lighting. Lighting for (including access to) upper story/rooftop decks open spaces shall be appropriately designed, located, and shielded to not negatively impact any adjacent properties, in accordancecomply with Section 3.10.040 (Outdoor Lighting). Prior to building permit issuance, the applicantAn application for Zoning Clearance shall provide include a lighting plan to demonstrate compliance with this requirement.

6.F. Alternative Compliance. Design standards for upper story open spaces are not intended to limit creative solutions. The Review Authority may allow deviations from City of Grover Beach Development Code – Public Draft Page | 39 Subsection D (Additional Setbacks) through the Modification to Standards process if the findings in Section 6.20.072.B.10 can be made.

CHAPTER 4. STANDARDS FOR

SPECIFIC DEVELOPMENT

AND LAND USES

4.10 Standards for Specific Development and Land Uses
Sections:

4.10.010 - Purpose and Applicability (no changes)

4.10.015 - Accessory Dwelling Units (ADUs)

4.10.020 - Accessory Retail and Service Uses (no changes)

4.10.030 - Accessory Structures

4.10.040 -– Reserved (no changes)

4.10.045 - Commercial Cannabis Activity and Uses (no changes)

4.10.050 - Caretaker’s Residences (no changes)

4.10.060 -– Reserved (no changes)

4.10.070 - Child Day Care – Day Care Center (no changes)

4.10.075 - Demolition of Residential Structures (no changes)

4.10.077 – Garage or Yard Sales (no changes)

4.10.080 - Live Entertainment (no changes)

4.10.090 - Live/Work Units (no changes)

4.10.095 - Low Barrier Navigation Centers (Emergency Shelter) (no changes)

4.10.100 - Massage Establishments (no changes)

4.10.110 -– Reserved (no changes)

4.10.115 - Mobile Vendors (no changes)

4.10.120 -– Reserved (no changes)

4.10.130 - Outdoor Storage and Work Areas (no changes)

4.10.135 - Personal Health / Fitness and Studios (no changes)

4.10.140 - Personal Storage Facilities (no changes)

4.10.150 - Recycling Facilities (no changes)

4.10.160 - Resale Stores (no changes)

4.10.180 - Senior Housing (no changes)

4.10.185 - Short-Term Rentals (no changes)

4.10.190 - Sidewalk Seating for Outdoor Dining (no changes)

4.10.200 - Single Room Occupancy Facilities (no changes)

4.10.210 - Thrift Stores (no changes)

4.10.215 - Tiny Homes on Wheels in Residential Zones (no changes) City of Grover Beach Development Code – Public Draft Page | 40

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 and one ADU shall be allowed per legal lot.

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

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

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

City of Grover Beach Development Code – Public Draft Page | 41 b. Maximum Height. An attached ADU shall not exceed 25 feet in height.

Notwithstanding the foregoing, ADUs shall not exceed two stories. c. Minimum Setbacks.
i. Front setback: 15 feet
ii. Interior and street side setback: 4 feet
iii. Rear setback: 4 feet
d. Size. The total floor area of an attached ADU on a lot with a Single-Unit Dwelling shall not exceed 50 percent of the existing primary dwelling and shall comply with Section 4.10.015.E.1 (Size).

5. Detached ADU on a Lot with a Single-Unit Dwelling.
a. Definition. A detached ADU consists of new construction that is detached from any existing structures and is not considered an interior or attached ADU as defined in subsections C.3.a and C.4.a
b. Maximum Height. A detached ADU shall not exceed 16 feet in height. c. Minimum Setbacks.
i. Front setback: 15 feet
ii. Interior and street side setback: 4 feet
iii. Rear setback: 4 feet
E. Specific Standards for ADUs on a Lot with Multi-Unit Dwellings. ADU standards for lots in a residential or mixed-use zone with existing or proposed multi-unit dwellings shall comply with the following:

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

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

3. Detached ADU on a Lot with Multi-Unit Dwellings.

City of Grover Beach Development Code – Public Draft Page | 42 a. Definition. A detached ADU consists of new construction that is detached from any proposed or existing structures and is not considered an interior ADU as defined in subsection D.2.a.
b. Maximum Height. A detached ADU shall not exceed 18 feet in height. c. Minimum Setbacks.
i. Front setback: 10 feet
ii. Interior and street side setback: 4 feet
iii. Rear setback: 4 feet
F. Development Standards. The standards in this Subsection shall apply to all ADUs and JADUs.

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

2. Size.
a. Size Minimum. An ADU or JADU shall have a minimum floor area of 150 square feet.
b. ADU Size Maximum. An ADU shall not exceed 850 square feet for a studio or 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.
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).

City of Grover Beach Development Code – Public Draft Page | 43

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 (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);
City of Grover Beach Development Code – Public Draft Page | 44 (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;
iii. An ADU shall have the same roof material and color as the primary dwelling(s); and
G. General ADU and JADU requirements.

City of Grover Beach Development Code – Public Draft Page | 45

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

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

3. Owner Occupancy.
a. JADUs. Owner-occupancy is required for properties on which a JADU is proposed. The owner may reside in the JADU or primary dwelling on the property.
b. ADUs. ADUs are not subject to any owner-occupancy requirements unless the property has both an ADU and a JADU, in which case the JADU 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 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. The covenant agreement must run with the land and bind City of Grover Beach Development Code – Public Draft Page | 46 all future owners. The form of the covenant agreement will be provided by the City.

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

H. Alternative Compliance.

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

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

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

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.

City of Grover Beach Development Code – Public Draft Page | 47 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.

F. 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).
c. A maximum of two detached accessory dwelling units, in addition to the converted portions of a structure, are permitted per lot.

G. Limitation on Use. No accessory dwelling unit shall be utilized as a short-term rental unless exempt consistent with Section 4.10.185.Q.

H. Utility Connections. Accessory dwelling units shall be connected to City water and sewer services. Separate utility connections and meters are not required if the ADU complies with Government Code Section 65852.2 (e)(1)(A).

I. Development Impact Fees. Payment of development impact fees are required as follows:

1. Accessory dwelling units with floor area of 750 square feet or less shall not pay development impact fees.

2. Accessory dwelling units with floor area greater than 750 square feet shall be charged development impact fees that are proportional, as shown on the Master Fee Schedule.

J. Building Design Standards for Accessory Dwelling Units.

1. Access and Entries.

City of Grover Beach Development Code – Public Draft Page | 48 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. 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.

City of Grover Beach Development Code – Public Draft Page | 49 d. For new detached or attached ADUs, vinyl and aluminum siding, T-111 plywood, and exterior insulation finishing system (EIFS) are prohibited.

K. 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.

L. 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.

City of Grover Beach Development Code – Public Draft Page | 50

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

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

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

B. Applicability. This Section shall apply to all new accessory structures as defined in Chapter 9, located on the same site as the primary structure or use to which it is accessory, including, but not limited to, garages, carports, porte-cocheres, sheds, workshops, gazebos, greenhouses, cabanas, trellises, play structures, aviaries, covered patios, which include but are not limited to garages, workshops, storage sheds, patio covers and decks greater than 30 inches above ground level. This Section shall not apply to Accessory Dwelling Units or Junior Accessory Dwelling Units, as described in Section 4.10.015 (Accessory Dwelling Units).

C. Permit Requirements. A building permit shall isbe required for all accessory structures except as allowed in Subsection E. 1detached accessory structures that do not provide any electrical, plumbing, or other utility connections, may be exempt from the building permit requirement when the structure is less than 120 square feet and less than 10 feet in height. In the Coastal Zone, a Coastal Development Permit or Administrative Coastal Development Permit is required unless exempt consistent with Section 6.20.040.B.2, prior to issuance of building permits.

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

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

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

2. Accessory Structures That Do Not Require a Building Permit. An accessory structure that does not exceeding 120 square feet in floor area and 10 feet in height that does not require a building permit may be located on the rear half of the lot within the side or rear setback.
a. Setbacks requirements. An accessory structure not exceeding 120 square feet in floor area and 10 feet in height that does not require a building permit may City of Grover Beach Development Code – Public Draft Page | 51 be located on the rear half of the lot within the side or rear setback. Accessory structures that do not require a building permit may be located within the side or rear setback

2. b. Number. A maximum of two accessory structures that do not require a building permit shall be allowed that comply with the requirements of this subsection.

3. Maximum Height limitsRequirements. An accessory structure shall not exceed 16 feet in height.

4. Separation between structures. An accessory structure shall maintain a minimum five-foot separation from other accessory structures and the primary residence.

5. 3. Upper Sstory/Roof Decks Open Spaces. Roof decks Upper Story Open Spaces. Upper Story Open Spaces shall comply with all requirements under Section 3.10.080 (Upper Story Open Spaces) shall be prohibited on accessory structures.

6. Covenant Agreement. Prior to final building permit approval, a covenant agreement shall be recorded for enclosed accessory structures to disclose that the structure shall not be used as livable space as defined in the California Building Codes.

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

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

City of Grover Beach Development Code – Public Draft Page | 52 CHAPTER 5. SITE DEVELOPMENT

STANDARDS

5.10 Flood Hazard Area Use Control
Sections:

5.10.010 - Statutory Authorization, Findings of Fact, Purpose and Methods (no changes)

5.10.020 - Definitions (no changes)

5.10.030 - General Provisions

5.10.040 - Administration (no changes)

5.10.050 - Provisions for Flood Hazard Reduction (no changes)

5.10.60 - Variance Procedure (no changes)

5.10.030 General Provisions
A. Lands to which this Section applies. This Section shall apply to all areas of special flood hazards within the jurisdiction of the City.

B. Basisc for establishing the areas of special flood hazards. The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the most recent edition adopted by City Council by Resolution of the “Flood Insurance Study (FIS) for San Luis Obispo County, California and Incorporated Areas” dated August 28, 2008, with accompanying Flood Insurance Rate Maps (FIRM’s) and Flood Boundary and Floodway Maps (FBFM’s), dated August 28, 2008, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this Section. This FIS and attendant mapping is the minimum area of applicability of this Section and may be supplemented by studies for other areas which allow implementation of this Section and which are recommended to the Council by the Floodplain Administrator. In addition, the area of special flood hazards shall be expanded to include areas that are expected to be inundated by continued and accelerated sea level rise over the expected life of the development.

The area potentially subject to sea level rise shall be based upon up-to-date scientific papers and studies, agency guidance (such as the 2012 National Research Council report Sea-Level Rise for the Coasts of California, Oregon, and Washington: Past, Present, and Future) and reports by national and international groups such as the Intergovernmental Panel on climate Change. The study, FIRM’s and FBFM’s are on file at the City of Grover Beach Community Development Department, 154 South Eighth Street, Grover Beach, California. (Am. Ord. 14-04) City of Grover Beach Development Code – Public Draft Page | 53 C. Compliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this Section and other applicable regulations. Violation of the requirements of this Section (including violations of conditions and safeguards) shall constitute a misdemeanor. Nothing herein shall prevent the Council from taking such lawful action as is necessary to prevent or remedy any violation.

D. Abrogation and greater restrictions. This Section is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions.

However, where this Section and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

E. Interpretation. In the interpretation and application of this Section, all provisions shall be:

1. Considered as minimum requirements;

2. Liberally construed in favor of the governing body; and

3. Deemed neither to limit nor repeal any other powers granted under state statutes.

F. Warning and disclaimer of liability. The degree of flood protection required by this Section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions.

Flood heights may be increased by man-made or natural causes. This Section does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This Section shall not create liability on the part of the City, any elected or appointed official, officer or employee thereof, the State of California, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this Section or any administrative decision lawfully made hereunder.

G. Severability. This Section and the various Subsections thereof are hereby declared to be severable. Should any Subsection of this Section be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Section as a whole, or any portion thereof other than the Subsection so declared to be unconstitutional or invalid.

City of Grover Beach Development Code – Public Draft Page | 54 CHAPTER 6. PROCEDURES

6.10 Permit Application Filing and Processing
Sections:

6.10.010 -– Purpose (no changes)

6.10.020 - Authority for Land Use and Zoning Decisions

6.10.030 - Application Preparation and Filing

6.10.040 - Application Review

6.10.050 - Development Evaluation and Staff Reports

6.10.060 - Application Fees (no changes)

6.10.070 -– Indemnification (no changes)

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

1. Director. Except when combined with other non-administrative actions, the Director is the designated review authority for permits and actions that are generally limited to interpretation of policy or are considered administrative in nature, in compliance with Government Code Section 65901, and the California Environmental Quality Act (CEQA). Accordingly, the Director has primary administrative authority over certain activities that require the determination of compliance with applicable Development Code provisions. The Director, at the Director’s sole discretion, may elevate the level of review to a higher review process and/or authority.

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

City of Grover Beach Development Code – Public Draft Page | 55 Table 6.1 Review Authority
Type of Action1 Code Section Review Authority26
Director Commission Council
Legislative Actions
General Plan Amendment 7.30 Recommend Recommend Decision Local Coastal Program Amendment 7.30 Recommend Recommend Decision31 Development Code Amendment 7.30 Recommend Recommend Decision Financial Assistance Council Policy Recommend No action Decision Non-Administrative & Quasi-Judicial Actions
Administrative Development Permit 6.20.020 Decision Appeal Appeal Coastal Development Permit 6.20.040 Recommend2 Decision Appeal Changes to an Approved
Development, Major 6.30.070 Recommend Decision Appeal
Development Permit 6.20.060 Recommend Decision Appeal
Modification to Standards 6.20.072 Decision7 Appeal7 Appeal Use Permit 6.20.090 Recommend Decision4 Appeal4
Variance 6.20.100 Recommend Decision Appeal
Administrative Actions
Administrative Development Permit 6.20.020 Decision Appeal Appeal Administrative Coastal Development
Permit 6.20.040 Decision Appeal Appeal
Changes to an Approved
Development, Minor 6.30.070 Decision - -
Zoning Clearance5 6.20.110 Decision65 -- --
Home Occupation Permit 6.20.070 Decision Appeal Appeal
Modification to Standards 6.20.072 Decision7 Appeal7 Appeal Short-Term Rental Permit 4.10.185 Decision Appeal Appeal Temporary Use Permit 6.20.080 Decision Appeal Appeal
Interpretations 1.20.050 Decision Appeal Appeal
Note:

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

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

2. The Director may approve a Coastal Development Permit in compliance with Section 6.20.040.

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

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

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

7. Items subject to Director review are listed in Section 6.20.072.B.21-97; items subject to Planning Commission review are listed in Section 6.20.072.B.18. Modifications to two or more items listed in Subsection B.21-97 shall be reviewed by the Planning Commission.

City of Grover Beach Development Code – Public Draft Page | 56

6.10.030 Application Preparation and Filing
A. Pre-application conference.

2. The purpose of the review for a major development project is to:
a. Inform the applicant of development and design standards as they apply to the proposed development;
b. Review the City’s permit process, possible development alternatives, or modifications; and
c. Identify information and materials the City typically requires for similar applications, and any necessary technical studies and information relating to the environmental review of the development (if applicable). d.3. At the discretion of the Director, Allow for the applicant may include request for a presentation to the City CouncilPlanning Commission to receive feedback on a conceptual project design.

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

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

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

B. Application content. All development applications shall be filed with the Department on a City application form, together with all required fees and/or deposits and all other information and materials specified in the Department’s handouts and/or checklists submittal requirements for the specific type of application and any additional instructions provided by the Director. The Department will prepare required forms and checklists.

C. Eligibility. An application may only be filed by the owner of the property, an authorized agent of the owner, a person acting in compliance with a purchase contract or other written consent, or the Director on behalf of the Council.

D. SB 330 Preliminary Application. The SB 330 Preliminary Application review process was established under the State’s Housing Crisis Act of 2019 and is a City of Grover Beach Development Code – Public Draft Page | 57 specific type of review by the Director. The process provides early identification of all standards and requirements applicable to a project, offering a vesting of standards relative to the time an SB 330 Preliminary Application is submitted. A review under this procedure is subject to all requirements and information and materials listed on the City’s SB 330 Preliminary Application. The availability of this type of review shall sunset on January 1, 2030, unless extended by the State legislature. The preliminary application review process is at the option of a project proponent and may only be implemented when all requirements are satisfied, including all timeframes required for submittal of a formal application. The following outlines the process to be followed:

1. In compliance with Government Code Section 65941.1, a proponent of a multiunit residential development or mixed-use development with a residential component has the option of submitting a Preliminary Application. All of the information listed in City’s SB 330 Preliminary Application form and payment of the Preliminary Application processing fee shall be submitted to the City.

2. If the City determines that the Preliminary Application for the development project is incomplete, the project proponent must submit the specific information needed to complete the application within 90 days of receiving the City’s written identification of the necessary information. If the project proponent does not submit this information within the 90-day period, then the preliminary application shall expire and have no further force or effect, and if any portion of the ministerial design review was completed or approved, it shall be deemed null and void.

3. After submittal of all of the information required, if the project proponent revises the project to change the number of residential units or square footage of construction changes by 20 percent or more, excluding any increase resulting from Density Bonus Law, the development proponent must resubmit the required information so that it reflects the revisions.

4. The project proponent shall submit a formal application for a development project within 180 calendar days of submitting a complete preliminary application. If the City determines that the formal application for the development project is incomplete, the project proponent shall submit the specific information needed to complete the application within 90 days of receiving the City’s written identification of the necessary information. If the project proponent does not submit this information within the 90-day period, then the preliminary application shall expire and have no further force or effect, and any such ministerial design review approval shall be deemed null and void.

5. If the applicant revises the project between the Preliminary Application phase and the formal application phase such that the number of residential units or square footage of construction changes by 20 percent or more, exclusive of any increase resulting from the receipt of a density bonus, incentive, concession, waiver, or similar provision, the project shall not be deemed to have submitted a Preliminary Application, in satisfaction of State and City requirements, until the project proponent resubmits the required information.

City of Grover Beach Development Code – Public Draft Page | 58 E. Additional Permits. A land use on property that complies with the permit requirement or exemption provisions of the Development Code shall also comply with the permit requirements of other Municipal Code provisions and any permit requirements of other agencies before construction or use of the property is commenced. All necessary permits shall be obtained before starting work or establishing a new use, with the exception that a demolition permit may be obtained, and demolition work carried out prior to starting work or establishing a new use.

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

3. Time for submittalSubmittal of additional information. a. When an application is incomplete, the time used by the applicant to submit the required additional information shall not be considered part of the time within which the determination of completeness shall occur.

3. b. The Director’s review of any information resubmitted by the applicant shall be accomplished in compliance with Subparagraph A.1., above, along with another 30-day period of review for completeness for each resubmittal as necessary.

4. Expiration of application. If an applicant fails to provide the additional information specified in the incompleteness letter within six months, the application shall expire and be deemed withdrawn. At which time, the Director may authorize a partial refund based upon the pro-rated costs to-date at the time of withdrawal.

The Director may grant one six-month extension, if requested in writing by the applicant prior to the date of expiration. After the expiration of an application, development approval shall require the submittal of a new, complete application, together with all required deposits and/or fees.

5. 4. Environmental information. After an application has been accepted as complete, the Director may require the applicant to submit additional information City of Grover Beach Development Code – Public Draft Page | 59 needed for the environmental review of the development in compliance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines.

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

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

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

6.10.050 Development Evaluation and Staff Reports
A. Staff evaluation. The Director shall review applications to determine whether they are consistent with the General Plan, this Development Code, and other City goals, policies, and standards, as applicable.

B. Referral of application. At the discretion of the Director, or where otherwise required by this Development Code or State or Federal law, an application may be referred to any public agency that may be affected by or have an interest in the proposed development.

C. Concurrent applications.

1. Concurrent filing. An applicant for a development that requires the filing of more than one application (e.g., Tentative Subdivision Map, Use Permit, etc.), shall file all related applications concurrently, together with all application fees and/or deposits required by Section 6.10.060 (Application Fees).

2. Concurrent processing. Multiple development applications for the same project shall be processed concurrently and reviewed and approved or denied by the City of Grover Beach Development Code – Public Draft Page | 60 highest Review Authority designated in Table 6.1 (e.g., a development for which applications for Development Code Amendment and a Use Permit are filed shall have both applications decided by the Council, instead of the Commission acting upon the Use Permit as otherwise provided by Table 6-1).

D. Staff report. Where appropriate, the Director shall provide a written recommendation to the applicable Review Authority on the disposition of the application.

F. Precedence.

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

City of Grover Beach Development Code – Public Draft Page | 61

6.20 Permit Review and Decisions
Sections:

6.20.010 - Purpose (no changes)

6.20.020 - Administrative Development Permit

6.20.030 -– Reserved (no changes)

6.20.040 - Coastal Development Permit

6.20.050 - Emergency Coastal Development Permit (no changes)

6.20.060 - Development Permit

6.20.070 - Home Occupation Permit (no changes)

6.20.072 – Modifications to Standards

6.20.075 – Short-Term Rental Permit (no changes)

6.20.080 - Temporary Use Permit

6.20.090 - Use Permit

6.20.100 -– Variance (no changes)

6.20.110 - Zoning Clearance

6.20.020 Administrative Development Permit
A. Purpose. This Section establishes procedures for Administrative Development Permits that is intended to provide an administrative staff-level review of qualifying new development projects.for minor additions and alterations to ensure that development and design standards are met.

1. Additions to non-residential buildings no greater than 1,000 square feet.

2. Alterations to non-residential building elevations that are visible from a public street.

3. Alterations to non-residential sites (e.g., landscaping, parking).

2. Mixed-use Developments. Mixed-use development projects that consist of the construction, additions, rehabilitation, or remodel resulting in less than 10 City of Grover Beach Development Code – Public Draft Page | 62 dwelling units (excluding ADUs) that does not result in any new nonresidential building area;

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

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

6.20.20(C).As required by other Sections of this Development Code.

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

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

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

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

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

C.D. Review Authority. The Director shall approve, conditionally approve, or deny an Administrative Development Permit application. The Director, at the Director’s sole discretion, may also elevate refer the application to for review by the Planning Commission.

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

E.F. Public Notice, Hearing, and Appeals, and Hearing for Administrative Development Permits.
a.1. Notice Required. Notice of the intent by the Director to approve an Administrative Development Permit application, or approve with conditions, shall be mailed by the Director to the applicant and all property owners of property within 100 feet of the exterior boundaries of the subject property. The notice shall include the scheduled approval date and state that any interested party may file an appeal to the Planning Commission of the Director’s intended decision to the Planning Commission within the 10 -days period stated in the noticeof the approval date.

In the event the Director acts to deny the application, no public notice shall be required. However, the Director shall notify the applicant of the right to appeal the denial to the Planning Commission.

City of Grover Beach Development Code – Public Draft Page | 63

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

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

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

2. For non-residential development, tThe subject site is physically suitable in terms of design, operating characteristics, shape, size, and topography.

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

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

6.20.040 Coastal Development Permit
A. Purpose. The purpose of this Section is to establish the processes for review of all development within the coastal zone of the City of Grover Beach as required to implementThis Section establishes the process for the review of all development that requires a Coastal Development Permit to ensure that it will be consistent with the provisions of the City’s Local Coastal Program, the California Coastal Act, and the California Code of Regulations Title 14 Division 5.5.

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

C. Applicability. All properties within the coastal zone, as defined in the California Coastal Act, are subject to the provisions of this Section.

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

A.E. Permit Requirements.

1. Administrative Coastal Development Permit. An Administrative Coastal Development Permit is required to authorize any non-appealable development project located within the Coastal Zone per Section 6.20.020.B (Administrative Development Permits), except as otherwise provided in Subsection 3 (Exemptions). The requirements for obtaining an Administrative Coastal Development Permit shall be in addition to requirements to obtain any other City of Grover Beach Development Code – Public Draft Page | 64 permits required by this Development Code, including, but not limited to, Section

6.20.110 (Zoning Clearance).

1.2. Coastal Development Permit required. A Coastal Development Permit is required to authorize any development located in the Coastal Zone in accordance with the provisions of this Section, except as otherwise provided in Subsection 1 (Administrative Coastal Development Permit) or Subsection 23 (Exemptions). “Development” for purposes of this Section is defined in Section 9.10.030 (Coastal Act Definitions). The requirements for obtaining a Coastal Development Permit shall be in addition to requirements to obtain any other permits required by this Development Code.

2.3. Exemptions. The following projects are exempt from the requirement to obtain a Coastal Development Permit or Administrative Coastal Development Permitshall not require a Coastal Development Permit.
a. Occupancy permits.
b. Development exempted by Public Resources Code Section 30106 and 30610, except as otherwise specified by the Coastal Commission in Title 14 of the California Code of Regulations, Chapter 6, Section 13250, 13252, and 13253 and any amendments thereafter adopted.
c. Harvesting of agricultural crops.

F. Review Authority.

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

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

B. The Director is authorized to issue Coastal Development Permits for nonappealable projects that do not require a public hearing.

3. Coastal Commission Purview. The City does not have jurisdiction to issue Coastal Development Permits for the following:

1.a. Development projects located in tidelands, submerged lands, and public trust lands as described in Section 30519(b) of the Public Resources Code and described as areas of Coastal Commission Permit Jurisdiction illustrated on the Local Coastal Program Post-Certification Permit and Jurisdiction Map as amended.

2.b. Coastal Development Permits issued by the Coastal Commission including condition compliance. Where either new development, or a modification to existing development, is proposed on a site where development was authorized in a Coastal Commission issued Coastal Development Permit either prior to certification of the LCP or through a de novo action on an appeal of a City approved Coastal Development Permit and the permit has City of Grover Beach Development Code – Public Draft Page | 65 not expired or been forfeited, the applicant shall apply to the City for the Coastal Development Permit except for:
a.c. Requests for extension, reconsideration and revocation of the Coastal Commission issued permits;
b.d. Development that would lessen or negate the purpose of any specific permit condition, any mitigation required by recorded documents, any recorded offer to dedicate or grant of easement or any restriction/limitation or other mitigation incorporated through the project description by the permittee of a Coastal Commission issued Coastal Development Permit.

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

D.H. Determination of permit category. The Director shall determine if the proposed project requires a Coastal Development Permit and, if so, determine whether the project is appealable to the Coastal Commission, and determine the applicable review procedures as established herein. This determination may be appealed in compliance with Subsection 1 (Appeal of permit category determination).

City of Grover Beach Development Code – Public Draft Page | 66 c. The Executive Director of the Coastal Commission shall, within two working days of the local government request (or upon completion of a site inspection where such inspection is warranted), transmit a determination as to whether the development is categorically excluded, non-appealable or appealable. d. Where, after the Executive Director's investigation, the Executive Director's determination is not in accordance with the City Director’s determination, the Coastal Commission shall hold a hearing for purposes of determining the appropriate designation for the area. The Commission shall schedule the hearing on the determination for the next Commission meeting (in the appropriate geographic region of the state) following the Executive Director’s determination.

E.I. Public hearing. At least one public hearing shall be held by the Commission on each application for appealable development as defined in Section 9.10.040 (Coastal Act Definitions) of this Development Code.

1. Such hearing shall occur no earlier than 10 calendar days following the mailing of the notice required in Subsection JG (Public Notice). The public hearing may be conducted in accordance with existing City procedures or in any other manner reasonably calculated to give interested persons an opportunity to appear and present their viewpoints, either orally or in writing.

2. If a decision on a Coastal Development Permit is continued by the City to a time which is neither (a) previously stated in the notice provided pursuant to Subsection JG, nor (b) announced at the hearing as being continued to a time certain, the City shall provide notice of the further hearings (or action on the proposed development) in the same manner, and within the same time limits as established in Subsection GJ.

F.J. Public notice.

1. Notice of Appealable & Non-Appealable Developments – Public Hearing Required.
a. Notice of an application for a Coastal Development Permit that is appealable or non-appealable and requires a public hearing shall be provided at least 10 calendar days prior to the first public hearing on the development proposal as follows:
i. Notice shall be published in a newspaper of general circulation; ii. Notice by first class mail to any person who has filed a written request to be on the mailing list for that development project or for coastal decisions City of Grover Beach Development Code – Public Draft Page | 67 within the City; or any local, regional and state agencies known to be interested in the project;
iii. Notice by first class mail to all property owners within 300 feet and to all residents within 100 feet of the proposed project;
iv. Notice by first class mail to the Central Coast District of the Coastal Commission.
b. The notice shall contain the following information:
i. A statement that the development is within the Coastal Zone; ii. The name of the applicant;
iii. The application number;
iv. A description of the development and its proposed location; v. The date, time and place at which the application will be heard by the city Review Authority;
vi. A brief description of the general procedure concerning the conduct of hearing and local actions;
vii. The procedures for filing local and Coastal Commission appeals, if applicable, including any local fees required.

2. Notice of Non-Appealable Developments – No Public Hearing Required a. Notice of an application for an Administrative Coastal Development Permit that is not non-appealable and does not require a public hearing shall be provided at least 10 calendar days prior to the Director taking action on the development proposal as follows:
i. Notice by first class mail to all property owners and residents within 100 feet of the proposed project;
ii. Notice by first class mail to any person who has filed a written request to be on the mailing list for that development project or for coastal decisions within the City;
iii. Notice by first class mail to the Central Coast District of the Coastal Commission.
b. The notice shall contain the following information:
i. A statement that the development is within the Coastal Zone; ii. The name of the applicant;
iii. The application number;
iv. A description of the development and its proposed location; v. The date the application will be acted upon by the Review Authority; City of Grover Beach Development Code – Public Draft Page | 68 vi. The general procedure for submitting comments prior to the Review Authority taking action on the proposed development;
vii. A statement that any comments must be received within ten 10 calendar days of the notice date.

G.K. Required findings. The approval shall require that the Review Authority make all of the following findings:
a. The proposed development as modified by any conditions of approval, is in conformity with the City’s certified Local Coastal Program and will not adversely affect coastal resources;
b. If the project is located between the first public road and the sea, that the project is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act of 1976 (commencing with Sections 30200 of the Public Resources Code);
c. Feasible mitigation measures and/or alternatives have been incorporated to substantially lessen any significant adverse effects of the development on the environment;
d. The proposed development is consistent with the General Plan, this Development Code, and other City goals, policies, and standards, as applicable.
e. The proposed location of the use and conditions under which it may be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity; and
f. Public services are adequate to serve the proposed development.

2. Conditions of approval. The Review Authority may impose any reasonable conditions to ensure that the approval will comply with the findings required by Subsection KH.

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

1. Finality of City action. The City's decision on an application for a Coastal Development Permit or Administrative Coastal Development Permit shall not be deemed final until:
a. The City's decision on the application has been made; b. All required findings have been adopted that the proposed development is or is not in compliance with the certified Local Coastal Program and, where applicable, with the public access and recreation policies of Chapter 3 of the Coastal Act; and
c. All rights of local appeal identified in Section 7.020.040 (Appeals to the Coastal Commission) have been exhausted.

City of Grover Beach Development Code – Public Draft Page | 69

2. Notice procedures of Final City Action.
a. Final City action. Within seven calendar days of a final City action on a Coastal Development Permit or Administrative Coastal Development Permit application, the City shall provide notice of its action by first class mail to the Central Coast District office of the Coastal Commission and to any person who specifically requested this notice. The notice shall include the conditions of approval, written findings, and the procedures for appeal of the local decision to the Coastal Commission, if applicable.
b. Failure of City to act in a timely fashion. If the applicant believes that the City failed to act on an application within the time limits in Government Code Sections 65950 through 65957.1, which provide that permit applications are deemed approved if the permitting agency has not acted within specified deadlines, and which further provide that a project cannot be deemed approved without the public notice required by law, the applicant shall notify the City, all interested persons, and the Coastal Commission, in writing, of the claim that the development has been approved by operation of law. The notice shall specify the application that is claimed to be approved, the time, date, and place when the application was filed and deemed complete, and language stating the permit will be approved if the City does not act within 60 days.
c. Notice of City failure to act. When the City receives a notice that the time limits established in compliance with Government Code Sections 65950 through 65957.1 have expired, the City shall act on the application within 60 days of receipt of the notice required by law. If the City fails to act within 60 days of receipt of the notice required by law, the City shall notify the Commission and any person entitled to receive notice that the application has been locally approved by operation of law in compliance with Government Code Sections 65950 through 65957.1. The appeal period to the Coastal Commission for a project locally approved by operation of law shall begin to run only upon the receipt of the City notice in the Coastal Commission's office.

3. Effective date. The final action by the City on a Coastal Development Permit application for appealable development shall become effective after the 10 working day Coastal Commission appeal period, unless either of the following occur:
a. An appeal is filed in compliance with Section 7.20.040 (Appeals to the Coastal Commission);
b. The notice of final City action does not comply with the requirements of Subsection 2.a.
c. When either of the circumstances in (a) or (b) occur, the Coastal Commission shall, within five calendar days of receiving notice of that circumstance, notify the City and the applicant that the effective date of the City action has been suspended.

City of Grover Beach Development Code – Public Draft Page | 70 I.M. Waiver of Coastal Permit Public Hearing for Minor Development This Section provides for the waiver of a public hearing on a Coastal Development Permit for development that is appealable to the Coastal Commission, in compliance with Public Resources Code Section 30624.9. This Section shall not be used to waive the requirement for a public hearing on any other permit required by this Development Code to have a public hearing.

1. Applicability. The Director may waive the requirement for a public hearing on a Coastal Development Permit application for a minor development that is appealable to the Coastal Commission. For purposes of this section, “minor development” means a development which the City determines satisfies all of the following requirements:
a. Is consistent with the certified Local Coastal Program; b. Requires no discretionary approval other than a Coastal Development Permit; and
c. Has no adverse effects, either individually or cumulatively, on coastal resources or public access to the shoreline or along the coast.

2. Criteria for waiver. A public hearing may be waived for minor development only if both of the following occur:
a. Notice that a public hearing shall be held upon request by any person is provided by the City to all persons who would otherwise be required to be notified of a public hearing by Section 7.10 (Public Hearings), as well as any other persons known to be interested in receiving notice; and b. No request for public hearing is received by the City within 15 working days from the date of the City sending the notice required by paragraph (a).

4. Second residentialAccessory Dwelling uUnits do not require a public hearing consistent with the applicable provisions of Government Code Section 65852.266310-66342.

J.N. Coastal Development Permit Amendments. Upon application by the permittee, a Coastal Development Permit or Administrative Coastal Development Permit may be amended. Application for an amendment shall be accomplished in the same manner specified by this Section for the initial application of the Coastal Development Permit or Administrative Coastal Development Permit, as applicable.

K.O. Post approval procedures. The procedures and requirements in Section 7.30 (Permit Implementation, Time Limits, Extensions, and Revocations), and those related to appeals in Chapter 7 (Administration), shall apply following the decision on an application for a Coastal Development Permit.

City of Grover Beach Development Code – Public Draft Page | 71

6.20.060 Development Permit
A. Purpose. This Section establishes procedures for Development Permits for new development and major significant additions. The specific purposes of the Development Permit process are to ensure alignment with the goals and policies of the General Plan and other adopted plans and guidelines, ensure that all development and design standards are met and ensure that new and modified uses and development will be compatible with the existing and potential development of the surrounding area(s)that may be appropriate on particular sites and/or may need to be carefully designed to avoid or minimize potential negative impacts on the surrounding area.

B. Applicability. The following types of projects require approval of aA Development Permit is required for any project that does not qualify for an Administrative Development Permit under Section 6.20.020.B or that is otherwise exempt under Section 6.20.020.C, including the following projects(a Use Permit approval may also be required for a defined land use within this Development Code):

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

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

3. Nonresidential. New nNon-residential development projects that consist of new nonresidential structures, or additions, rehabilitation, or remodel of existing nonresidential structures resulting in an increase of 1,000 square feet or more of new building areaor redevelopment.

4. Significant Additions. Significant additions to any of the project types listed above that comprises of 25% or more of the total building areato non-residential buildings greater than 1,000 square feet.

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

6. Conversion of existing multi-unit dwellings using fractional density into ten or more additional dwelling units.

7. As required by other Sections of this Development Code.

C. Review Authority. The Commission is authorized to approve, conditionally approve, or deny Development Permit applications.

D. Application requirements. An application for a Development Permit shall be prepared, filed, and processed in compliance with Section 6.10 (Permit Application Filing and Processing).

E. Notice and hearing. Notice of the public hearing shall be provided and the hearing shall be conducted in compliance with Section 7.10 (Public Hearings).

City of Grover Beach Development Code – Public Draft Page | 72 F. Findings. The Commission may approve a Development Permit application only after making all of the following findings:

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

2. For non-residential development, tThe subject site is physically suitable in terms of design, operating characteristics, shape, size, and topography.

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

6.20.072 Modification to Standards
A. Purpose. This purpose of this Section is to provide the flexibility necessary to allow for minor deviations or exceptions from development standards and/or objective design standards applicable to development to respond to unique conditions of a property or project or to the conditions on adjacent properties, that constitute a reasonable use or development of a property that will be compatible with surrounding uses and development.

B. Applicability. An application for Modification to Standards may only be submitted for the following:

1. For new dwelling unit(s), an alteration, relief, or substitution required by an objective design standard listed inModifications to design standards as established in Chapter 4, Section 4.25 (Residential Objective Design Standards) for new construction/development.

2. For additions and alterations to existing dwelling unit(s), an alteration, relief, or substitution required by an objective Modifications to design standard listed in as established in Chapter 4, Section 4.25 (Residential Objective Design Standards) for additions and alterations to existing dwelling unit(s).

3. Modifications to exceed the An increase of up to eight feet above the maximum building height limit for architectural features, mechanical equipment, and an elevator shafts or stairways as established in Section 3.10.030.D.1 through

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

4. Modifications to Increase of up to one foot in the height of a fence or wall requirements, as established in Section 3.10.010.K (Alternative Compliance)located in a side or rear setback.

5. Increase the maximum in allowed paving area allowed for parking in front and street side setback areas in residential zones as established in Section

3.50.100.C.b (Maximum Width in Residential Zones), up to 65 percent of the City of Grover Beach Development Code – Public Draft Page | 73 front or street side setback area, or up to 35 feet in width, whichever is lessto accommodate required parking.

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

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

2. Increase of up to one foot in the height of a fence or wall located in a side or rear setback.

3. An increase of up to eight feet above the maximum building height for architectural features, mechanical equipment, and an elevator shaft or stairway.

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

5. Decrease in the required landscape coverage.

6. Increase in allowed paving for parking in front and street side setback areas in residential zones to accommodate required parking.

7. For additions and alterations to existing dwelling unit(s), an alteration, relief, or substitution required by an objective design standard listed in Section 4.25 (Residential Objective Design Standards).

8. For new dwelling unit(s), an alteration, relief, or substitution required by an objective design standard listed in Section 4.25 (Residential Objective Design Standards).

9. In Industrial Zones, an increase in lot coverage to 100% and/or FAR to 1.5 may be allowed, [see Table 2.7 (Industrial Development Standards) in Section

2.40.030 (Industrial Zones Allowable Land Uses and Permit Requirements)], if the Review Authority determines that:
a. The project will provide a substantial economic benefit to the City; and b. Coastal resources are protected consistent with the Local Coastal Program

10. A waiver, substitute material, or decrease of up to two feet in height of the minimum wall required between residential and nonresidential zones (See Section 3.10.062.D), if the Review Authority determines that:
a. The relationship of the proposed uses makes the required screening unnecessary;
b. The intent of Section 3.10.062 (Residential/Nonresidential Interface) can be successfully met by means of the alternative screening methods; City of Grover Beach Development Code – Public Draft Page | 74 c. Physical constraints on the site make the required screening infeasible; and/or
d. The physical characteristics of the site or adjoining lots make the required screening unnecessary.

C. Review Authority

1. Outside of Coastal Zone. The Director is authorized to approve, conditionally approve, or deny Modification to Standards for a singular minor exception to a development standard pursuant to Subsection B (items 21 through 107). Only the Planning Commission is authorized to approve, conditionally approve, or deny Modification to Standards seeking any type of exception from an objective design standard pursuant to Subsection B.18 and/or more than two minor exceptions to development standards pursuant to Subsection B (items 2 through 10).

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

D. Application Requirements. An application for a Modification to Standards shall be prepared, filed, and processed in compliance with Section 6.10 (Permit Application Filing and Processing).

E. Public Notice, Hearing, and Appeals for Modification Reviewed by Director.

F. ApprovalFindings. A Modification to Standards shall be approved only after the Review Authority makes all both the following findings in Subsection F.1 and F.2 and either of the findings in Subsection F.3 or F.4:

City of Grover Beach Development Code – Public Draft Page | 75

1. The Modification to Standards is consistentconforms with the purpose, intent, goals, policies, programs, and land use designation of the General Plan, Development Code, Local Coastal Plan, and any applicable specific plan.

2. The Modification to Standards will not be detrimental to the health, safety, or general welfare of the persons within the vicinity.

2.3. Site characteristics or existing improvements make strict adherence to the development standard impractical or infeasible.

3.4. For exceptions to objective design standards pursuant to Section 6.20.120.B.17 and 6.20.120.B.28., Tthe Modification to Standards will result in a superior design approach suited to the type of development, circumstances at the property or adjacent property(ies), and/or constitutes a reasonable design solution that improves compatibility with surrounding development.

6.20.080 Temporary Use Permit
A. Purpose. This Section establishes procedures and standards for Temporary Use Permits for the short-term activities, specified in this Section. These are activities uses or events that may not comply with particular standards of the applicable zone, but may otherwise be acceptable because of their temporary nature, if reviewed and appropriately conditioned in compliance with this Section. A Temporary Use Permit approval is not intended to allow a land use that is not allowed in the primary zone, other than in the specific cases listed in Subsection E (Allowed Short-Term Activities) of this Section.

B. Applicability. A Temporary Use Permit is required to permit the short-term activities specified in this Section.

C. Review Authority. The Director is authorized to issue Temporary Use Permits. The Director shall approve, conditionally approve, or deny Temporary Use Permits.

D. Application requirements.

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

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

E. Exempt sShort-Tterm Aactivities. The following activities are allowed without a Temporary Use Permit, but may require other permits as specified:.

1. Construction yards - On-site. On-site contractor's construction yard for an approved construction project including storage or cargo containers. The City of Grover Beach Development Code – Public Draft Page | 76 construction yard shall be removed immediately upon completion of the construction project, or the expiration of the Building Permit authorizing the project construction, whichever occurs first.

3. Garage sales. Garage sales may be held in compliance with Section 4.10.077 (Garage Sales).

4. Public right-of-way. Activities conducted within the public right-of-way that are authorized by an Encroachment Permit.

5. Special Events. An event that requires a Special Events Permit shall be required in compliance withsubject to Municipal Code Article III, Chapter 11. if an event is anticipated or planned to be attended by more than 100 people.

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

5.7. Meeting halls or public assembly facilities. Events that occur at permanent meeting halls or public assembly facilities, unless the activity involves resale goods as defined in Chapter 9 (Definitions), which shall require a Temporary Use Permit to comply with the requirements of Section 4.10.160 (Resale Stores).

F. Allowed Sshort-Tterm Aactivities. A Temporary Use Permit may authorize the following short-term activities within the specified time limits, but in no event for more than one year (12 months). Other activities that are proposed to occur for no more than 12 months, but do not fall listed within the categories defined below shall instead comply with the Development Permit Code requirements and development standards that otherwise apply to the property.

1. Events. Art and craft exhibits, carnivals, circuses, fairs, farmer’s markets, festivals, flea markets, food events, open-air theaters, outdoor entertainment/sporting events, promotional events, rummage sales, swap meets, and other special events.

2. Seasonal Ssales Llots. Seasonal sales activities (e.g., Christmas tree lots, pumpkins, agricultural products grown on the premises, etc.) including temporary residence/security trailers.

3. Mobile Vendors on Pprivate Pproperty. A mobile vendor may operate a maximum of 10 days per calendar month on private property, subject to the following operating requirements established in Section 4.10.115.E (Operating Requirements).:

City of Grover Beach Development Code – Public Draft Page | 77 a. Access and Circulation. Mobile vending operations shall be located in an area that does not impede safe vehicular, bicycle, or pedestrian traffic or does not provide adequate sight distance at a corner in compliance with Section 3.10.030.E. Obstruction of access or circulation through any parking lot, or obstruction of access to any public sidewalk or street is prohibited. b. Location of Mobile Vendor. Mobile vendors shall be parked, stopped, or standing on an asphalt, concrete, or all-weather surface (as approved by the City Engineer) and outside of any designated fire lane, or loading space.

Mobile vendors are prohibited on undeveloped lots except when operating as an ancillary use for a special event.
c. Seating Areas. Seating areas may be provided as authorized by the Temporary Use Permit.
d. Display of merchandise. The display of merchandise is prohibited and includes placement of goods outside of the vehicle and attached to the vehicle.
e. County Health Permit. Mobile vendors selling food or other consumable, ingestible products shall have a valid permit issued by the County Department of Public Health. All required County health permits must be in possession of the mobile vendor operator when operating in the city. f. Hours of operations. Mobile vendors shall be prohibited from operating between the hours of 10:00 p.m. to 7:00 a.m., including set up and clean up. g. Litter Removal. Mobile vendors shall remove litter caused by its products from any public and private property within a 25 foot radius of the vending vehicle’s location.
h. Noise. Mobile vendors shall comply with Municipal Code Article III, Chapter

1.01 (Noise Standards).
i. Signage. Mobile vendors shall comply with Section 3.60 (Sign Regulations). j. Events. The Director may allow more than one mobile vendor if associated with a special or promotional event of no greater than three consecutive days.
k. Waste Management.
i. Mobile vendors shall not discharge any liquid (e.g., water, grease, oil, etc.) onto or into city streets, storm drains, catch basins, or sewer facilities. All discharges shall be contained and properly disposed of by the operator.
ii. Mobile vending operations shall provide separate and clearly marked receptacles for trash, recycling and/or compost, according to the collection services available at the operating site. Operators shall properly dispose of all trash, recycling and/or compost generated by their operations daily.

City of Grover Beach Development Code – Public Draft Page | 78

4. Model home(s) and/or& Ssales Ooffice. A model home(s) and/or sales office associated with a residential project. This may include off-site directional signs located on private property with written permission from the property owners. The maximum sign area shall be 36 square feet for each sign and a maximum sign height of six feet.

5. Temporary Sstructures. A temporary classroom, office, or similar structure (not for storage), including a manufactured or mobile unit, may be approved as an accessory use for a maximum of 12 months.

6. Temporary Sstorage Ccontainers. A temporary storage or cargo container not associated with an active building permit may be approved for a maximum of 30 days. The storage container shall be located on-site.

7. Temporary Ooffice and lLiving Qquarters. A trailer or mobile home used as a temporary work and/or living quarters when associated with an active construction site.

8. Construction Yyards - Off-site. Off-site contractors' construction yards, for an approved non-City construction project. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the Building Permit authorizing the project, whichever occurs first.

9. Similar Sshort-Tterm Aactivities. A short-term activity that the Director determines is similar to the other activities listed in this Section, and compatible with the applicable zone and surrounding land uses.

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

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

2. Occupy all or a portion of a sandy beach area; and,

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

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

I. H. Findings. The Director may approve a Temporary Use Permit subject to making all of the following findings:

1. The location, operation and time period of the temporary use will not constitute a hazard to the public interest, health, safety, or general welfare.

2. The operation of the temporary use will not be detrimental to adjoining properties through the creation of excessive dust, light, noise, odor, or other objectionable characteristics.

City of Grover Beach Development Code – Public Draft Page | 79

3. The proposed lot is adequate in size and shape to accommodate the temporary use without detriment to the enjoyment of other properties located adjacent to and in the vicinity of the subject lot.

5. Adequate temporary parking to accommodate vehicular traffic to be generated by the use will be available either on-site or at an acceptable off-site location.

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

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

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

J. I. Conditions of Approval. In approving a Temporary Use Permit application, the Director may impose conditions that are deemed reasonable and necessary to ensure that the permit would be in full compliance with the findings required by Subsection IH. This may include conditions from other City departments (e.g., Police, Fire, and Public Works) that may have a direct effect on the operation of the temporary use. Conditions may address any pertinent factors affecting the operation of the temporary event, or use, and may include the following: