CITY OF GROVER BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 4
Placement: Consent
Meeting Date: May 11, 2026
TO: Honorable Mayor and City Council
FROM: Matthew Bronson, City Manager
PREPARED BY: Jennifer Thompson, City Attorney
Wendi Sims, City Clerk
SUBJECT: Certification of Signatures for a Citizen Initiative to Limit Certain Building Heights and Establish a Minimum Commercial Component in Mixed-Use Development
RECOMMENDATION
Accept a Petition and Certification of Signatures for a Citizen Initiative to Limit Certain Building Heights and Establish a Minimum Commercial Component in Mixed-Use Development and schedule an agenda item for the June 8, 2026 meeting to receive a Ballot Measure Report and consider adoption of the ordinance as written in the petition or submission of the ordinance to voters for the November 2026 election.
BACKGROUND
On February 10, 2026, the City of Grover Beach (“City”) received a Notice of Intention to Circulate Petition (“Notice”) for a proposed local ballot measure to limit building heights and establish a minimum commercial component of thirty-three percent (33%) in mixed-use developments in the City (“Measure”), attached hereto as Attachment 1. The stated purpose of the Measure is to ask registered voters in the City to adopt an ordinance to limit building heights within the commercial and industrial zones and to establish a minimum percentage of total square footage designated for commercial use within mixed-use developments.
Citizen Initiative Process – Legal Background
Initiative proponents begin the initiative process by filing a notice of intent with the City Clerk, including the full text of the initiative and, optionally, a statement, not to exceed five hundred (500) words, explaining the reasons for the petition.1 After which, the proponents may file the proposed measure, in the form of an ordinance, with the City Clerk and request preparation of a ballot title and summary.2 If the measure complies with the Elections Code, the City Clerk “shall immediately transmit a copy to the City Attorney.”3 Within fifteen (15) days of filing, the City Attorney must return to the Clerk: (1) a ballot title, and (2) an impartial statement and summary of no more than five hundred (500) words.4
1 Elec. Code, § 9202.
2 Elec. Code, § 9203.
3 Elec. Code, § 9203, subd. (a).
4 Ibid.
Staff Report: Signature Certification for Building Heights & Commercial Spaces Citizen Initiative Page 2 May 11, 2026
At their own expense, the proponents must publish or post, or both, (1) the notice of intention and (2) the title and summary.5 Within ten (10) days of publication or posting, the proponents must then file with the City Clerk a copy of the Notice and the title and summary of the proposed measure, certifying the fact of publication or posting.6 After publication is certified, the proponents
may circulate the petition for signatures, ensuring each section of the petition includes the notice of intention and the title and summary prepared by the City Attorney.7 During circulation of the petition, or before taking actions pursuant to Election Code section 9215, subdivisions (a) and (b), City Council may refer the proposed initiative to City staff and request a report regarding any of the following (“Ballot Measure Report”):
1. Its fiscal impact;
2. Its effect on the internal consistency of the City’s general and specific plans, including the housing element, the consistency between planning and zoning, housing discrimination laws, and affordable housing laws;
3. Its effect on the use of land, the impact on the availability and location of housing, and the ability of the City to meet its regional housing needs;
4. Its impact on funding for infrastructure of all types;
5. Its impact on the community’s ability to attract and retain business and employment;
6. Its impact on the uses of vacant parcels of land;
7. Its impact on agricultural lands, open space, traffic congestion, existing business districts, and developed areas designated for revitalization; and
8. Any other matters the legislative body requests to be in the report.8 The petition and signatures must then be filed together with the City Clerk within one hundred eighty (180) days of receiving the title and summary, after any writ of mandate proceedings conclude, or after receipt of any amended title or summary, whichever is later.9 Within thirty (30)
business days of filing, the City Clerk must verify the signatures and either: (1) determine the petition insufficient, notify the proponents, and take no further action; or (2) certify it as sufficient, notify the proponents, and submit the petition and certificate to the City Council.10 In verifying the signatures, the City Clerk must confirm the petition is signed by “not less than 10 percent of the voters of the city, according to the last report of registration by the county elections official to the Secretary of State … or, in a city with 1,000 or less registered voters, by 25 percent of the voters or 100 voters of the city, whichever is the lesser number.”11 Once the City Clerk certifies an initiative petition as sufficient, it is presented to the City Council. City Council then has three (3) options when presented with a qualifying initiative petition12:
i. Adopt the ordinance, without alteration, at the regular meeting at which the certification of the petition is presented, or within ten (10) days after it is presented. ii. Submit the ordinance, without alteration, to the voters. iii. Order the above-described report for presentation to the City Council no later than thirty (30) days after the elections official certifies to the legislative body the sufficiency of the petition.13
5 Elec. Code, § 9205
6 Elec. Code, § 9206.
7 Elec. Code, § 9207.
8 Elec. Code, § 9212, subd. (a).
9 Elec. Code, § 9208.
10 Elec. Code, §§ 9210, 9211, 9114, and 9115.
11 Elec. Code, § 9115.
12 Elec. Code, § 9215.
13 Elec. Code, § 9212, subd. (b).
Staff Report: Signature Certification for Building Heights & Commercial Spaces Citizen Initiative Page 3 May 11, 2026
Factual Background
On February 10, 2026, the City Clerk transmitted the Notice to the City Attorney. The City Attorney prepared a ballot title and impartial summary (“Title and Summary”) of the Measure, attached hereto as Attachment 2, which was provided to the City Clerk on February 24, 2026. The Measure proponents published the Notice and Title and Summary in New Times on March 5, 2026. The City Clerk certified publication on March 5, 2026, and the Measure proponents began collecting signatures. On April 20, 2026, the Measure proponents filed the petition and 1,249 signatures with the City Clerk. On April 30, 2026, the City Clerk determined that the Measure proponents received 1,102 valid signatures.
Next Steps
Previously at the March 31st joint special meeting of the Council and Planning Commission on housing and development issues, the Council directed staff to prepare a Ballot Measure Report on the proposed measure which at the time was being circulated for signatures. Given the certification of the initiative petition, staff will finalize the report for presentation to the Council at the June 8, 2026 meeting where the Council will decide whether to (1) adopt the ordinance as written in the petition; or (2) submit the ordinance to the voters in the November 2026 election.
FISCAL IMPACT
There are no funding impacts to this staff report.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Accept a Petition and Certification of Signatures for a Citizen Initiative to Limit Certain Building Heights and Establish a Minimum Commercial Component in Mixed-Use Development and schedule an agenda item for the June 8, 2026 meeting to receive a Ballot Measure Report and consider adoption of the ordinance as written in the petition or submission of the ordinance to voters for the November 2026 election; or
2. Provide staff with alternative direction.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
ATTACHMENTS
1. Notice of Intention to Circulate Petition
2. Ballot Title and Impartial Summary
Multi-Year Goals
☐ Public Safety and Community Services ☐ Economic Development and Housing ☐ Community Infrastructure ☐ Financial and Organization Sustainability Council Priorities
☐ Water & Wastewater Infrastructure ☐ Community Engagement ☐ Street Improvements and Maintenance
Attachment 1
733 Marsh Street, Suite 200, San Luis Obispo, California 93401 Telephone: (805) 471-7080 Fax: (805) 930-1031
M E M O R A N D U M
By E-Mail: [email protected]
DATE: February 24, 2026 CLIENT/MATTER:
03586/04
TO: Wendi Sims, City Clerk
CC: Matt Bronson, City Manager
Kristin Eriksson, Assistant City Manager
FROM: City Attorney's Office
RE: Proposed Initiative Measure to Limit Building Height and Establish a Minimum Commercial Component in Mixed-Use Developments
On February 10, 2026, the City of Grover Beach (“City”) received a Notice of Intention to Circulate Petition for a proposed local ballot measure to limit building heights and establish a minimum commercial component of thirty-three percent (33%) in mixed-use development (“Measure”). Accompanying the Measure was a request to prepare a Ballot Title and Summary.
The City Clerk’s office immediately transmitted that request to the City Attorney’s office in accordance with Elections Code section 9203, subdivision (a).
In accordance with Elections Code section 9203, subdivision (a), the following is the City Attorney’s Ballot Title and Summary of the Measure.
Pursuant to California Elections Code section 9203, subdivision (a), the City Attorney has prepared the following ballot title and summary of the proposed initiative Measure. The ballot title and summary must be printed across the top of each page of the petition whereon signatures are to appear as required by Elections Code section 9203, subdivision (b).
A Citizen’s Initiative Measure to Limit Building Heights and to Establish a Minimum Commercial Component of Thirty-Three Percent (33%) in Mixed-Use Developments Attachment 2
- 2 -
The purpose of this measure is to ask registered voters in the City of Grover Beach if they wish to adopt an ordinance to limit building height within the commercial and industrial zones, and to establish a minimum percentage for designated commercial use within mixed-use developments.
Currently, the Development Code, Article IX of the City’s Municipal Code, allows for building heights up to fifty-five feet (55') in certain commercial zones, and building heights up to forty feet (40') in industrial zones. The measure would limit building heights in Commercial Zoning Districts to three (3) stories and no more than forty feet (40') in height, and limit buildings within the Industrial Zoning Districts to thirty-three feet (33') in height. The measure would additionally change how building height is measured. The existing building height is measured from the average natural grade to the highest point of the building, excluding any appurtenances.
The measure will measure building height from the average natural grade to the highest point of the building, including any appurtenances.
For mixed-use developments, the existing Development Code does not currently prescribe a minimum percentage for the commercial component of mixed-use developments. The measure would additionally require a minimum of thirty-three percent (33%) of a mixed-use building to be dedicated to commercial uses and require such commercial uses on the ground floor frontage on the primary street.
If passed, this measure would be added to the City’s Objective Design Standards and amend applicable sections of the City of Grover Beach Municipal Code. The ordinance would become effective at the earliest time permitted by law and require the Community Development Department to update the Development Code within ninety (90) days of it becoming effective.
Only proposed development applications received after the ordinance effective date would be required to comply with the Measure.
Successful passage of this measure would effectively void existing Grover Beach Municipal Code sections in conflict and necessitate revaluation of the City’s Housing Element. Under California State law (Gov. Code, § 65583.2), local agencies are required to include an inventory of land suitable for residential development within the agency’s Housing Element to address the agency’s Regional Housing Needs Allocation (“RHNA”). The City’s 2020-2028 Housing Element considered existing allowable building height limits in determining and demonstrating how the City will accommodate its allocated number of housing units pursuant to the San Luis Obispo Council of Governments 2019 RHNA Plan. By limiting building heights, the City may be required to accommodate housing units in alternate locations.