June 9, 2026 City of Guadalupe Council Meeting Agenda Page 1 of 4 12 City of Guadalupe
AGENDA
Regular Meeting of the Guadalupe City Council
Tuesday, June 9, 2026, at 6:00 pm
City Hall, Council Chambers, 918 Obispo Street, Guadalupe CA 93434 The City Council meeting will broadcast live streamed on the City of Guadalupe’s Official YouTube channel: https://www.youtube.com/channel/UCaxeHWd9JkmvKnGFU8BAYQQ If you choose not to attend the City Council meeting but wish to submit a written comment for the Community Participation Forum or on a specific agenda item, please submit via email to [email protected] no later than 2:00 pm on Tuesday, June 9, 2026.
Please be advised that, pursuant to State Law, any member of the public may address the City Council concerning any item on the Agenda, before or during Council consideration of that item. If you wish to speak on any item on the agenda, including any item on the Consent Calendar or the Ceremonial Calendar, please submit a speaker request form for that item. If you wish to speak on a matter that is not on the agenda, please do so during the Community Participation Forum.
The Agenda and related Staff reports are available on the City’s website: www.cityofguadalupe.org Friday before Council meeting.
Any documents produced by the City and distributed to a majority of the City Council regarding any item on this agenda will be made available the Friday before Council meetings at the Administration Office at City Hall 918 Obispo Street, Monday through Friday between 8:00 am and 4:00 pm, and also posted 72 hours prior to the meeting. The City may charge customary photocopying charges for copies of such documents. Any documents distributed to a majority of the City Council regarding any item on this agenda less than 72 hours before the meeting will be made available for inspection at the meeting and will be posted on the City’s website and made available for inspection the day after the meeting at the Administrator Office at City Hall 918 Obispo Street, Monday through Friday between 8:00 am and 4:00 pm.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, including review of the Agenda and related documents, please contact the Administration Office at (805) 356.3891 at least 72 hours prior to the meeting. This will allow time for the City to make reasonable arrangements to ensure accessibility to the meeting.
1. ROLL CALL:
Council Member Eugene Costa Jr.
Council Member Whitney Furness
Council Member Amelia M. Villegas
Mayor Pro Tempore Christina Hernandez
Mayor Ariston Julian
2. PLEDGE OF ALLEGIANCE
3. MOMENT OF THANKS, APPRECIATION OR CONDOLENCES
June 9, 2026 City of Guadalupe Council Meeting Agenda Page 2 of 4
4. AGENDA REVIEW
At this time the City Council will review the order of business to be conducted and receive requests for, or make announcements regarding, any change(s) in the order of business.
5. COMMUNITY PARTICIPATION FORUM
Each person will be limited to a discussion of three (3) minutes or as directed by the Mayor. Pursuant to the provisions of the Brown Act, no action may be taken on these matters unless they are listed on the agenda, or unless certain emergency or special circumstances exist. City Council may direct staff to investigate and/or schedule certain matters for consideration at a future City Council meeting.
6. CEREMONIAL CALENDAR
A. Biodiversity Proclamation
B. Pride Month Proclamation
7. CONSENT CALENDAR (A-D)
The following items are presented for City Council approval without discussion as a single agenda item in order to expedite the meeting. Should a Council Member wish to discuss or disapprove an item, it must be dropped from the blanket motion of approval and considered as a separate item.
A. Waive the reading in full of all Ordinances and Resolutions. Ordinances on the Consent Calendar will be adopted by the same vote cast as the first meeting unless City Council indicates otherwise.
B. Ratify payment of warrants for the period ending May 22, 2026.
C. Approve the Minutes of the City Council regular meeting of May 26, 2026.
D. Adopt Resolution No. 2026-22 authorizing the filing of a claim with the Santa Barbara County Association of Governments for allocation of Transportation Development Act Funds for fiscal Year 2026-2027.
MANAGEMENT REPORTS
8. CITY ADMINISTRATOR: (Information Only)
A. City Administrator’s report for June 9, 2026
B. Planning Department report for May 2026
C. Building Department report for May 2026
D. Public Works and Engineering report for May 2026
9. DIRECTOR OF PUBLIC SAFETY: (Information Only)
A. Director of Public Safety report for June 9, 2026
June 9, 2026 City of Guadalupe Council Meeting Agenda Page 3 of 4
REGULAR BUSINESS
10. Introduction of Ordinance No. 2026-527 adopting the 2026 California Fire Code and amend the Guadalupe Municipal Code to update the fire and safety regulations.
Written report: Michael Cash, Director of Public Safety Recommendation: That the City Council introduce, on the first reading, and continue to the meeting of June 23, 2026, for second reading and adoption, Ordinance No. 2026-527 adopting the 2026 California Fire Code and amending the specified fire and safety ordinances in the Guadalupe Municipal Code.
11. Introduction of Ordinance No. 2026-528 adding Chapter 3.34 to Title 3 of the Guadalupe Municipal Code establishing a Cannabis Business Tax.
Written report: Philip F. Sinco, City Attorney
Recommendation: That the City Council introduce, on the first reading, and continue to the meeting of June 23, 2026, for second reading and adoption, an ordinance that would establish a cannabis business tax subject to the approval of the voters.
12. Introduction of Ordinance No. 2026-529 increasing the rate of the City’s Transient Occupancy Tax from 6% to 12% and to include additional types of occupancies subject to the tax.
Written report: Philip F. Sinco, City Attorney
Recommendation: That the City Council introduce, on the first reading, and continue to the meeting of June 23, 2026, for the second reading and adoption, an ordinance to increase the City’s transient occupancy tax (TOT) rate from 6% to 12% and to expressly include additional types of occupancies subject to the tax.
13. City of Guadalupe Preliminary Draft Budget FY 2026-27 Workshop.
Written report: Eli Martinez, Finance Director
Recommendation: That the City Council review the preliminary draft budget for fiscal year 2026- 27 and provide necessary feedback during this workshop.
14. FUTURE AGENDA ITEMS
15. ANNOUNCEMENTS – COUNCIL ACTIVITY/COMMITTEE REPORTS
16. ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall display case and website not less than 72 hours prior to the meeting. Dated this 4th day of June 2026.
__________________________________
David Trujillo, City Administrator
David Trujillo
June 9, 2026 City of Guadalupe Council Meeting Agenda Page 4 of 4
PROPOSED FUTURE CITY COUNCIL AGENDA ITEMS
Council Meeting: Date and Subject Department Agenda Category Tuesday, June 23, 2026, at 6:00 p.m. / Regular Meeting
2026 California Fire Code – Second Reading Public Safety Consent Calendar Pasadera LLD FY 2026-27 City Engineer Public Hearing
Cannabis Tax Ordinance - Ballot Measure - Second
Reading
City Attorney Regular Business
Transient Occupancy Tax (TOT) Ordinance – Ballot
Measure – Second Reading
City Attorney Regular Business
Request for consolidated election services resolutions City Attorney Regular Business Proposed Fiscal Year 2026-2027 Budget Finance Director Regular Business Tuesday, July 14, 2026, at 6:00 p.m. / Regular Meeting
Water Standby FY 2026-27 City Engineer Consent Calendar Pasadera LLD FY 2026-27 City Engineer Consent Calendar
Benefit Assessment District FY 2026-27 City Engineer Public Hearing Guadalupe Lighting District FY 2026-27 City Engineer Public Hearing Street Rename – Calle Cesar Chavez Planning Department Public Hearing Approval FY 2026-27 Budget Finance Director Regular Business Other Unscheduled Items Proposed
Date of Item
Department Agenda Category
Gift Policy City Attorney New Business
Social Host Ordinance City Attorney New Business
Personnel Manual Update New Business
Pasadera Development Annual Update City Engineer
Water and Sewer Rate Study City Administrator New Business Master Fee Schedule Update Aug 2026 Finance Director
Cost Allocation Plan Aug 2026 Finance Director
Vacant Commercial Building Aug 2026 City Attorney
Veterans Building MOU Aug 2026
/s/
Agenda Item No. 6A
Agenda Item No. 6B
/s/
Agenda Item No. 7B
REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of June 09, 2026
DatHdT �
Veronica Fabian
Finance Account Clerk Finance Director
Approved rt!
David Trujillo
City Administrator
SUBJECT: Payment of warrants for the period ending May 19, 2026, to be ratified for payment by the City Council. Subject to having been certified as being in conformity with the budget by the Finance Department staff.
RECOMMENDATION:
That the City Council ratify the listing of hand checks and warrants to be paid on May 22, 2026.
BACKGROUND:
Submittal of the listing of warrants issued by the City to vendors for the period and explanations for disbursement of these warrants. An exception, such as an emergency hand check may be required to be issued and paid prior to submittal of the warrant listing, however, this warrant will be identified as "Ratify" on the warrant listing.
SCANNED
��
,t,'b
• City of Guadalupe
Payable Register
Payable Detail by Vendor Number
Packet: APPKT00931 - 05.22.2026 WEEKLY AP RUN
Payable# Payable Type Post Date
'Payable Description Bank Code
Vendor: AGD01- ANDREW GOODWIN DESIGNS
825-16 Invoice 4/30/2026
Payable Date Due Date Discount Date
On Hold
4/30/2026 4/30/2026
ADM - ROYAL THEATER PROJECT
Items
Warr Bank Acct - Warrants Bank Account
4/30/2026
No
Item Description
ADM - ROYAL THEATER PROJECT
Distributions
Account Number
079-4542-2166
Commodity
NA
Account Name
Activity
Vendor: AMA02 - AMAZON BUSINESS
13JT-G4HF-7GJN Invoice 5/11/2026
Units
0.00 Price Amount
0.00 14,384.71
Project Account Key Amount
14,384.71
5/11/2026 5/11/2026 5/11/2026
PW - ACCT#:A19RD4DAF93AUQ - CA STATE
FLAG
Warr Bank Acct - Warrants Bank Account No
Items
Item Description
PW - ACCT#:A19RD4DAF93AUQ - CA
STATE FLAG
Distributions
Commodity
NA
Account Number
001-4145-1550
Account Name
Operating Supplies & Exp.
1PTL-YX94-RXHK Invoice 5/8/2026
Units
0.00 Price
0.00 Project Account Key
5/8/2026 5/8/2026
PW - ACCT#:A19RD4DAF93AUQ -
ARMSTRONG CEILING TILES
Warr Bank Acct - Warrants Bank Account
Items
Item Description
PW - ACCT#:A19RD4DAF93AUQ -
ARMSTRONG CEILING TILES
Distributions
Account Number
001-4145-1550
Commodity
NA
Account Name
Operating Supplies & Exp.
Vendor: BON0l - DAVE BONIFACIO
05022026 Invoice 5/2/2026
Units Price
0.00 0.00
Project Account Key
5/2/2026 5/2/2026
FIRE -CHECK REQUEST-UNIFORM
ALLOWANCE - BOOTS
Warr Bank Acct - Warrants Bank Account
Items
Item Description Commodity
FIRE -CHECK REQUEST-UNIFORM
ALLOWANCE - BOOTS
Distributions
Account Number
001-4220-0450
NA
Account Name
Other Benefits
Vendor: BRE02 - BRENNTAG PACIFIC. INC.
BPl602720 Invoice 5/14/2026
Units Price
0.00 0.00
Project Account Key
5/14/2026 5/14/2026
WATER - LA CHEMCHOLOR SODIUM Warr Bank Acct - Warrants Bank Account 5/26/2026 4:51:56 PM
Amount
182.95
Amount
182.95
5/8/2026
No
Amount
143.14
Amount
143.14
5/2/2026
No
Amount
402.32
Amount
402.32
5/14/2026
No
Amount
14,384.71
Tax Shipping Discount
0.00 Vendor Total:
0.00 0.00
Tax Shipping Discount Total
0.00 0.00 0.00 14,384.71
Percent
100.00%
Vendor Total:
182.95 0.00 0.00
Tax Shipping Discount
0.00 0.00 0.00
Percent
100.00%
143.14
Tax Shipping
0.00 0.00
Percent
100.00%
0.00 0.00
Discount
0.00 0.00
Total
182.95
0.00 Total
143.14
Vendor Total:
402.32 0.00 0.00 0.00
Tax Shipping Discount Total
0.00 0.00 0.00 402.32
Percent
100.00%
Vendor Total:
1,428.55 0.00 0.00 0.00
Total
14,384.71
14,384.71
326.09
182.95
143.14
402.32
402.32
1,428.55
1,428.55
1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
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24 25
26 27
May 26, 2026 City of Guadalupe Council Meeting Minutes Page 1 of 5
MINUTES
City of Guadalupe
Regular Meeting of the Guadalupe City Council
Tuesday, May 26, 2026, at 6:00 pm
City Hall, Council Chambers, 918 Obispo Street, Guadalupe CA 93434
1. ROLL CALL:
Council Member Eugene Costa Jr.
Council Member Whitney Furness
Council Member Amelia M. Villegas
Mayor Pro Tempore Christina Hernandez
Mayor Ariston Julian
Mayor Julian called the meeting to order at 6:00 p.m. Council Member Villegas, Council Member Hernandez, and Council Member Costa, Jr. were present.
Council Member Furness was absent.
2. PLEDGE OF ALLEGIANCE
3. MOMENT OF THANKS, APPRECIATION OR CONDOLENCES
4. AGENDA REVIEW
At this time the City Council will review the order of business to be conducted and receive requests for, or make announcements regarding, any change(s) in the order of business.
No changes were made to the agenda.
5. COMMUNITY PARTICIPATION FORUM
Each person will be limited to a discussion of three (3) minutes or as directed by the Mayor. Pursuant to the provisions of the Brown Act, no action may be taken on these matters unless they are listed on the agenda, or unless certain emergency or special circumstances exist. City Council may direct staff to investigate and/or schedule certain matters for consideration at a future City Council meeting.
6. CONSENT CALENDAR (A-D)
The following items are presented for City Council approval without discussion as a single agenda item in order to expedite the meeting. Should a Council Member wish to discuss or disapprove an item, it must be dropped from the blanket motion of approval and considered as a separate item.
A. Waive the reading in full of all Ordinances and Resolutions. Ordinances on the Consent Calendar will be adopted by the same vote cast as the first meeting unless City Council indicates otherwise.
Agenda Item No. 7C
May 26, 2026 City of Guadalupe Council Meeting Minutes Page 2 of 5 B. Ratify payment of warrants for the period ending May 8, 2026, and May 15, 2026.
C. Approve the Minutes of the City Council regular meeting of May 12, 2026.
D. Adopt Resolution No. 2026-21 approving an agreement for contractor services with ADA General Engineering for the Guadalupe Jr. High School Sidewalk Project and authorizing the Mayor to sign the agreement on behalf of the City.
Motion was made by Council Member Costa Jr. and seconded by Council Member Hernandez to approve the Consent Calendar.
Motion passed. 4-0.
Council Member Furness was absent.
MANAGEMENT REPORTS
7. CITY ADMINISTRATOR: (Information Only)
A. City Administrator’s report for May 26, 2026
8. DIRECTOR OF PUBLIC SAFETY: (Information Only)
A. Director of Public Safety report for May 26, 2026
B. Police Department report for April 2026
C. Fire Department report for April 2026
D. Code Compliance report for April 2026
REGULAR BUSINESS
9. Discussion and direction regarding the proposed Guadalupe Harvest Festival at Jack O’Connell Park.
Written report: David Trujillo, City Administrator
Recommendation: That the City Council:
a. Confirm the City’s willingness to move forward with the permitting process for the proposed Guadalupe Greens Festival at Jack O’Connell Park; and
b. Authorize the event organizers to begin marketing and advance ticket sales while permit conditions are finalized; and
c. Direct staff to continue working with the event organizers to finalize operational requirements, fee structures, public safety measures, and regulatory compliance prior to final permit approval; or
d. Decline to move forward with the proposed festival.
Staff presented the item and requested Council direction to either continue for permitting or decline the festival proposal.
May 26, 2026 City of Guadalupe Council Meeting Minutes Page 3 of 5 Austen Connella, founder of Root One dispensary and organizer presented an overview of the proposed festival as a fully enclosed, ticketed music event in partnership with Good Vibe Presents.
Public Comments made by email:
Gina Cortez
Ms. Cortez wrote in expressing her serious concerns to the proposed Guadalupe Harvest Festival (cannabis event). In her remarks she argued that allowing the proposed festival contradicts the city’s commitment to public health, youth safety, and community values. The festival risks compromising Guadalupe’s hard earned “Grade A” recognition and its efforts to create smoke-free spaces that support families and youth activities. Guadalupe’s small size and lack of necessary infrastructure is a safety concern. The issues with limited police presence and existing parking problems are exacerbated by the anticipated number of visitors.
With no hotel accommodation for the large, anticipated crowd attendees would be driving in and out of our small city after consuming substances, leading to increased dangers from intoxicated driving. She questioned why the community is being asked to normalize cannabis culture in public spaces intended for youth and recreation. That undermines the community’s commitment for healthier lifestyles, exposure to substances, safe recreational environments and disregards the voices that have worked so hard to preserve the character and values of Guadalupe.
Santiago Segovia, Program Coordinator, Tobacco Prevention & Cannabis Education Mr. Segovia stated representatives of Fighting Back Santa Maria Valley and residents of Guadalupe contacted him about the proposed festival. He urged the city council to consider the State and local regulations before approval.
Guadalupe has a local ordinance that prohibit smoking in public parks. A state regulation for Prop Proposition 64 restricts consumption of cannabis in public places, including parks, sidewalks or streets. The city of Avila Beach previously denied the permit for the same festival within their city limits due to the prohibitions in Prop 64 at the state level.
Dawnette Kingsley-Smith, Programs Director Fighting Back Santa Maria Valley Ms. Kingsley-Smith wrote to thank the council for their leadership and commitment to protecting the youth and outdoor spaces in the city of Guadalupe. She referenced the adoption of Ordinance No. 2020-489 in 2020. She argued allowing the events components, specifically the 21+ Cannabis Village might conflict with city’s smoke free policies.
The policies adopted under the ordinance showed a commitment to reducing exposure to harmful substances and protecting substances and protecting public spaces for residents, especially youth.
Introducing cannabis in such a large all ages public event anticipated to draw 11,000 to 14,000 attendees raise concerns regarding normalization, exposure, and consistency with the City’s values of prioritizing clean air and safe public spaces. She asked the council to maintain a strong and consistent stance on public health and community safety when considering.
Council Members discussed the proposed Guadalupe Harvest Festival acknowledging the potential benefits of hosting a local festival, including increased community activity and opportunities to attract visitors.
Members noted that while Guadalupe has held small eventsin the past, it has not hosted a large-scale music festival. Comments included interest in the economic potential of such an event, as well as concerns regarding the cannabis -related component, traffic impacts, public safety, and compatibility with nearby residential areas.
Several council members expressed openness to considering other types of festivals in the future.
May 26, 2026 City of Guadalupe Council Meeting Minutes Page 4 of 5 Phil Sinco, City Attorney clarified that the festival and the cannabis area would require separate permits, and that approving the festival would not authorize any cannabis-related activities. The cannabis component would need its own independent regulatory review and compliance. Mr. Sinco also confirmed that the council had the option to decline the proposal under the agendized item.
Council Member Costa Jr. made a motion to adopt items A, B, and C there was no second for the motion.
Council Member Villegas made a motion and seconded by Council Member Hernandez to approve item D to decline to move forward with the proposed festival.
Motion passed 3-0.
Council Member Villegas: Aye
Council Member Hernandez: Aye
Mayor Julian: Aye
Council Member Costa Jr.: Nay
Councill Member Furness: Absent
Mayor Julian called a break at 7:22 p.m. and resumed the meeting at 7:26 p.m.
10. City of Guadalupe Preliminary Draft Budget FY 2026-27 Workshop.
Written report: Eli Martinez, Finance Director
Recommendation: That the City Council review the preliminary draft budget for fiscal year 2026- 27 and provide necessary feedback during this workshop.
Staff presented the Preliminary Draft Budget for fiscal year for 2026-27 and provided an overview of projected revenues, expenditures and major costs drivers for the upcoming year. The report outlined anticipated operational needs, departmental funding requirements and expected changes in revenues. Staff explained that's the document is an initial working draft intended to give the council an early look at the city's financial outlook and to receive directions before preparing the final proposed budget. No formal actions were requested at this stage as the budget will return for further review and adoption at a later meeting.
Council members reviewed the preliminary draft budget and asked clarifying questions regarding revenue projections departmental funding needs and expected operational cost increases. Members discussed areas where expenditures may rise and acknowledged that adjustments will be made as updated financial information becomes available. The council expressed appreciation for receiving the early overview and noted that the draft provides a useful foundation for continued budget development. No action was taken.
11. FUTURE AGENDA ITEMS
12. ANNOUNCEMENTS – COUNCIL ACTIVITY/COMMITTEE REPORTS
May 26, 2026 City of Guadalupe Council Meeting Minutes Page 5 of 5 Council Member Villegas:
Attended the Memorial Day Ceremony at the cemetery
Will attend the Back a Youth Night at the Boys and Girls Club CCWA meeting was cancelled and will attend the June 25th public hearing for the Urban Water Management Plan
Council Member Hernandez:
Attended Hancock Scholarship Celebration
Attended Cruize Night in Santa Maria
Shared she saw a video of Catholic Charity workers from Guadalupe being roughed up by ICE Officers at the jail and felt this was unfortunate.
Mayor Julian:
Attended the Memorial Day Ceremony at the cemetery. The American Legion Post 371 and the Vietnam Veterans 982 had to double the chairs for the attendees and Nardos provided the food for the feed.
13. ADJOURNMENT
Motion was made by Council Member Villegas and seconded by Council Member Hernandez.
Motion passed. 4-0. Council Member Furness absent.
Meeting adjourned at 8:25 p.m.
Prepared by: Approved by:
____________________________________ ____________________________________ Judy Wilson, City Clerk Ariston Julian, Mayor
Agenda Item No. 7D
REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of June 9, 2026
_______________________________
Prepared by:
David Trujillo, City Administrator
SUBJECT: Local Transit Fund (LTF) / Transportation Development Act (TDA), 2026 – 2027 Claim RECOMMENDATION:
That the City Council adopt Resolution No. 2026-22 approving the Transportation Development Act (TDA) Claim 2026-2027.
DISCUSSION:
The City’s transit budget is funded with a variety of federal, state, and local funding, including, the Local Transit Fund (LTF) which was created by the Transportation Development Act (TDA) and is made up by state sales tax funds. LTF funds are distributed to each county in the state and, in the case of our county, are administered and distributed by the Santa Barbara County Association of Governments (SBCAG).
As part of the annual application (Claim) process for LTF funds, City staff is requesting a review and adoption of the attached Resolution which, 1) authorizes the City Administrator, David Trujillo to submit the Claim as well as all future related LTF documents on behalf of the City and, 2) authorize the Claim for the identified amounts.
ATTACHMENTS:
1. Resolution No. 2026-22
2. TDA Claim 2026-2027
RESOLUTION NO. 2026-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE AUTHORIZING THE FILING OF A
CLAIM WITH THE SANTA BARBARA COUNTY ASSOCIATION OF GOVERNMENTS FOR ALLOCATION OF TRANSPORTATION DEVELOPMENT ACT FUNDS FOR FISCAL YEAR 2026-2027 WHEREAS the Transportation Development Act (TDA), as amended (Public Utilities Code Section 99200 et seq.), provides for the allocation of funds from the Local Transportation Fund for use by eligible claimants for various transportation purposes; and
WHEREAS, pursuant to the provisions of the TDA, as amended, and pursuant to the applicable rules and regulations thereunder (21 Cal. Code of Regulations Sections 6600 et seq.) a prospective claimant wishing to receive an allocation from the Local Transportation Fund or State Transit Assistance fund shall file its claim or amended claim with the Santa Barbara County Association of Governments.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Guadalupe as follows:
SECTION 1. David Trujillo, City Administrator, or designee, is authorized to execute and file an appropriate claim and necessary claim amendments pursuant to the terms of the TDA, as amended, and pursuant to applicable rules and regulations promulgated there under, together with all necessary supporting documents, with the Santa Barbara County Association of Governments for an allocation of TDA in FY 2026—2027.
SECTION 2. The authorized claim includes $14,535.00 for regional transportation planning, $9,888.00 for pedestrian and bicycle facilities, $446,196.00 for transit or paratransit purposes, and $0 for street and road purposes.
SECTION 3. That a copy of this resolution be transmitted to the Santa Barbara County Association of Governments in conjunction with the filing of the claim.
PASSED, APPROVED AND ADOPTED at a regular meeting on the 9th day of June 2026 by the following vote:
MOTION:
AYES:
NOES:
ABSENT:
ABSTAINED:
I, Judy Wilson, City Clerk of the City of Guadalupe DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2026-22, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held June 9, 2026, and that same was approved and adopted.
ATTACHMENT 1
ATTEST:
_____________________________________ ____________________________________ Judy Wilson, City Clerk Ariston Julian, Mayor
APPROVED AS TO FORM:
______________________________________
Philip F. Sinco, City Attorney
ATTACHMENT 2
PLANNING DEPARTMENT
City of Guadalupe
918 Obispo Street
P.O. Box 908
Guadalupe, CA 93434
Tel (805) 356-3904
To: Mr. Mayor and City Councilmembers
From: Bill Scott, Associate Planner
Date: June 2, 2026
RE: Ministerial Planning Applications – for May 2026
MINISTERIAL PROJECTS
Zoning Clearances Submitted 5
Zoning Clearances Approved 3
ADUs approved 3
Zoning Clearances Denied 0
Business Licenses Submitted 0
Short-term Rentals Submitted 0
DISCRETIONARY PROJECTS
Discretionary projects, including maps, other projects of interest and their current status are listed separately under Planning Processing Summary.
If you have any questions regarding any projects listed in this report, please contact me at [email protected] (805) 356-3904.
Agenda Item No. 8B
Ministerial Projects Report - for the month of May 2026 (May 1 through May 29, 2026)
New Zoning Clearance Applications Submitted
2026-019-ZC New three-story residence for Gilbert Gonzales 1057 Gularte Ln 2026-020-ZC New detached ADU 147 Tognazzini
2026-021-ZC` Martinez Junior ADU. 228 Mills Lane
2026-022-ZC Attached and detached ADU for Kim Tran 4473 Fir Street 2026-023-ZC New block wall for Ariana Ramirez 290 Obispo St.
Zoning Clearance Applications Approved
2026-021-ZC` Martinez Junior ADU. 228 Mills Lane
2026-022-ZC Attached and detached ADU for Kim Tran 4473 Fir Street 2026-023-ZC New block wall for Ariana Ramirez 290 Obispo St.
Zoning Clearances Denied
None:
Business Licenses Submitted
None
Business License Approvals
None
GUADALUPE CITY PLANNING DEPARTMENT
DISCRETIONARY PROJECTS AND MAPS - ACTIVE DURING THE MONTH OF MAY 2026 Case No. Name/Permit
Type/Location
Submittal
Date
Application
Deemed
Comp. Date
Project Status OK for
Bldg.
Permit
Issuance
2023-080-DR Design Review Permit for
Remi Zakour
1145 Pacheco Street
11/15/2023 --- Proposed four (4) apartments and one (1) ADU. • Application was initially submitted in
November 2023 and was subsequently
placed on hold by the applicant - Applicant
is now proceeding.
• Application is under review by staff.
NO
2026-016-AUP Food Truck
905 Guadalupe Street
5/11/2026 __ Administrative Use Permit for a Food Truck to be parked in Mechanic’s Bank parking lot.
• Applicant was directed to seek permission
from landowner/manager to temporarily
park and operate his food truck.
• Applicant has not returned with written
permission.
N/A
2026-006-DR Design Review Permit for
Gilbert Gonzales
1057 Gularte Lane
2/16/2026 6/30/2026 Design Review to allow fifteen two-story multifamily units. • Approved by CC on May 12, 2026.
• Project was conditioned to require open
carports instead of enclosed garages, unless
additional off-street parking becomes
available.
NO
2025-035-LM Guadalupe Alvarez, et.al
*(Voluntary Lot Merger)
861 Guadalupe St.
8/11/2025 __ Voluntary Lot Merger to combine two parcels into one lot:
• Approved. The final version of merger was
sent to applicant for signature and
notarization.
• Awaiting submittal of recordable
documents from applicant.
N/A
2025-008-SP/RZ DJ Farms Specific Plan
Amendment and Rezone
2/21/2025 __ Specific Plan Amendment and Zone Change to: N/A Lot 3 in Pasadera South
on the east side of
Highway 1, 3,000 feet
south of Highway 166
1) Modify the 27.2-acre Lot 3 in the south
portion of DJ Farms to allow smaller 5,000
square-foot lots instead of 6,000 square
foot lots; and
2) Amend the City’s Official Zoning Map from
the R-1 (6,000) zoning district to the R-1
(5,000) zoning district on the 27.2-acre site
identified as Lot 3 in Pasadera South.
• Incomplete Application letter sent on
3/21/2025.
• Project placed temporarily on hold by
applicant.
• Staff is awaiting materials necessary to
proceed.
2025-008-TTM
(TRACT 29,072)
Lot 3 Pasadera South
(Tentative Tract Map)
E/Side of Hwy. 1, 3,000
feet south of Hwy. 166
2/21/2025 __ Tentative Tract Map to allow 130 5,000 squarefoot residential lots and one open space lot on a
27.2-acre site in Pasadera South.
• Incomplete Application Letter sent on
3/21/2025.
• Project is temporarily on hold by applicant.
• Staff is awaiting required materials to
proceed.
NO
2023-021-LLA 151 Obispo Street/Taylor
Farms
*(Lot Line Adjustment)
03/30/23 02/05/24 • LLA traded land between 151 Obispo and Taylor Farms.
• LLA was approved by Planning in 2024.
• Awaiting final map recordation.
N/A
2022-016-GPZ
2022-017-DR
2022-018-VTTM
Snowy Plover
(General Plan change,
Tentative Tract Map and
Design Review)
03/10/22 Application
Incomplete
04/09/22
and on
4/1/2026
General Plan change; Rezone; Tract Map, and
Design Review for Mr. Wayne Vaughn III to allow:
• Twenty homes and multi-family
development on vacant property near
riverbank.
• Must resolve riverbank stability concerns by
SB County Flood Control District.
• A fourth follow-up letter was sent to the
applicant by Planning on 4/1/2026 itemizing
NO
each step required to deem the application
complete.
• On May 21, the applicant expressed the
intent to continue to complete the
application for processing. Awaiting the
materials required to proceed.
Street Rename Street Rename.
North side of West Main
Street; east side of Jack
O’Connell City Park
Consideration of a rename for Calle Ceaser E.
Chavez.
• Discussed by CC during May 12, 2026,
regular meeting.
• Two residents spoke against name change
citing inconvenience of changing official
documents.
• CC continued the item to extend more
notification and seek additional input.
• On May 18, staff sent out 100 notification
mailings to the most directly affected
residents and homeowners – roughly 17
were returned to date.
• Item to be discussed again in late June.
N/A
Climate Action
Plan
Regional Climate Action
Plan (Citywide)
6/1/2025 __ • First Community Workshop and public
survey were held in June 2025 and
another workshop presented to CC in
November 2025.
• City staff has commented on a draft
“Summary of Survey” dated 12/31/2025
N/A
Zoning Ordinance
Amendments
Updates to various
sections of Title 18
(Zoning) of the Guadalupe
Municipal Code.
(Citywide)
9/15/2025 __ 1) Section 18.72 and 18.73 – update to
include CEQA review for new
development.
2) Update to clarify procedure for appeals
and improve accuracy; and
3) Various text changes to clarify certain
zoning provisions (e.g. building height,
accessory structures, noise, home
businesses, landscape, etc.).
N/A
• Four of these amendments are being
prepared for a late June CC hearing.
CEQA Process
Manual
Develop a CEQA
Procedure Manuel.
(Citywide)
9/15/025 __ Establish a set of procedures for obtaining environmental clearance and processing
CEQA documents in association with new
and re-development projects.
• Projected completion date of 2nd quarter
2026.
N/A
Subdivision
Ordinance
Amendment
Updates to Title 17 of the
Guadalupe Municipal
Code (Subdivisions).
9/15/2025 __ Amendments to the City’s Subdivision Ordinance to:
1) Reflect current state law (Govt. Code
66410 – 66499) pertaining to subdivisions
and maps; and
2) Update to definitions and procedures to
reflect current subdivision review practices.
N/A
Downtown Design
Guidelines and
Revitalization
Strategy
Design Guidelines and
Revitalization Strategy as
envisioned by General
Program No. CD-1.1.1
and Community Action
Plan Action Number 3.1.
11/1/2025 --- 1) Initial concept for the plan was Introduced to GBA on 11/3/2025.
2) Planning staff reviewing the strengths and
weaknesses in prior downtown planning
documents to ensure this current effort will
result in a useful and effective final
product.
N/A
*For status information only – Certain types of Maps (e.g., Lot Mergers, Lot Line Adjustments and SB-9 lot Splits) are ministerial and do not require a public hearing or discretionary approval.
MONTH: May2026
This Month
Visitors 36
Inspections 54
Building Permits
Issued 30
Certificate of
Occupancy 1
CITY OF GUADALUPE
BUILDING DEPARTMENT
STATUS REPORT
Last Month Year to Date
28 124
35 153
22 90
0 5
Last Year
135
911
77 35
VISITORS: Permits, planning application submittals, submitted plan updates, general information Agenda Item No. 8C
1 DATE INS ADDRESS PASS CORRECT/PROCEED
5/5/2026 AD4 4781 Hernandez Dr MEETING
5/5/2026 SW4 4543 Del Mar Dr X
5/5/2026 SW2 4543 Del Mar Dr X
5/5/2026 SW8 4543 Del Mar Dr X
5/5/2026 SC2 202 Egret Ln X
5/7/2026 SC2 4423 Birch St X Meter Release
5/7/2026 FR4 4478 Cedar St X
5/7/2026 FR6 5074 Sandpiper Ln X
5/12/2026 FR9 1181 Pacheco X
5/12/2026 F11 202 Egret Ln X Gas and Water Bond
5/12/2026 F11 145 Egret Ln X
5/12/2026 FN1 ROYAL THEATER X Partial Pass (SOUTH)
5/12/2026 SC2 388 Campodonico Main Panel Upgrade
5/12/2026 FR4 4478 Fir St X
5/12/2026 F11 4738 Third St X
5/12/2026 F11 4460 Second St X
5/14/2026 FR9 4798 Pagaling X
5/14/2026 SC11 4888 Hernandez Dr X
5/14/2026 SC3 1181 Pacheco X
5/14/2026 MS7 1181 Pacheco X Shear Corrections
5/14/2026 UN4 5074 Sandpiper Ln X
5/14/2026 F11 5213 La Purisma X
5/14/2026 UN1 4781 Hernandez Dr X
5/14/2026 F11 202 Egret Ln X
5/14/2026 F11 210 Pioneer St X
5/14/2026 F11 4423 Birch St X
5/14/2026 SC2 4410 Birch St X
5/14/2026 F11 5099 Pacific Dunes Cr X Water Heater
5/19/2026 F11 4491 Second St X
5/19/2026 F11 247 Flower Av X
5/19/2026 FN5 333 Guadalupe St X
Building Inspection Report
May 2026
2 5/19/2026 SC2 4261 Eleventh St X
5/19/2026 AD4 4390 Ladera Dr
5/19/2026 FR5 1181 Pacheco X MEPS
5/21/2026 F11 4888 Hernandez Dr X
5/21/2026 SW8 4781 Hernandez Dr
5/21/2026 F11 1045 Obispo St X
5/21/2026 F11 5146 Turnstone Cr X
5/21/2026 FR4 4798 Pagaling Dr X
5/21/2026 F11 4478 Fir St X
5/21/2026 F11 4261 Eleventh St X
5/21/2026 SC3 5074 Sandpiper Ln X
5/21/2026 SW8 4781 Hernandez Dr X
5/26/2026 F11 4830 Carlin Dr X
5/26/2026 SC11 550 Tognazzini X
5/26/2026 F11 4410 Birch St X
5/26/2026 FN5 848 Guadalupe
ROYAL
THEATER 15 MINUTES
5/26/2026 FR8 4798 Pagaling Dr X
5/28/2026 F11 159 Pelican Dr X
5/28/2026 SC6 1181 Pacheco X
5/28/2026 SW4 4390 Ladera Dr
5/28/2026 F11 4830 Carlin Dr X
5/28/2026 SC6 4798 Pagaling Dr X
5/28/2026 SC2 388 Campodonico X Rain Cancel
Total 54 total inspections
4875 El Camino Real • Atascadero, CA 93422 • Phone: 805-470-1910 • eikhofdesigngroup.com City Engineer Report
May 2026
The following is a list of projects in various construction, design, or planning stages. • Various Caltrans Projects – The City Engineer has been working with Caltrans on their ADA Improvement. Construction on the ADA project is ongoing. The contractor, Souza Construction, and Caltrans have been coordinating with the City.
• Amtrak Station Improvements (Transit Hub) – Construction on the Transit Hub project has restarted. Demolition of the sidewalk, curb, and gutter in the Caltrans right-of-way has occurred, and the City’s contractor is coordinating with Caltrans’s contractor. Caltrans approved the encroachment permit on April 28, 2026. The PG&E permit was approved the same day. Frontier Fiber and PG&E have received their permits from Caltrans and should start their work soon. • Central Park Renovation Project—Construction is progressing well. The Skate Park subcontractor has been on-site and has made good progress on their work. • Leroy Park Phase II Improvements—The USDA has received all the required documentation, and the project is being reviewed. Once the USDA completes the document review, we anticipate receiving approval to start the bidding process.
• 303 Obispo Street Site Improvements—Construction is nearly complete. Some additional fencing, landscaping, and electrical work remains.
• 11th Street Multi-Use Path – Design is ongoing for the 11th Street Multi-Use Path from Gularte to Mary Buren School.
• Highway 1 and Pioneer Lift Stations—The Highway 1 Lift Station is nearly complete. Some electrical work and demolition of the existing lift station remain. The contractor is coordinating with Caltrans’s contractor for the ADA project.
The Pioneer Lift Station started construction. The City is still working to receive a Caltrans permit.
Due to Caltrans’s work, the Pioneer Lift Station work in the Caltrans right-of-way may have to be done at night.
• 2026 Pavement Improvements—Design work is ongoing on the 2026 Pavement Improvement Project. Depending on available funding, the project will include Obispo Street from Main Street to Ninth Street, and West Main from Guadalupe Street to Julia Drive. • City Hall Repairs Project—Ravatt and Albrecht continues to work on the plans for the roof replacement and seismic upgrades.
• Royal Theater – Construction is ongoing.
Agenda Item No. 8D
• Measure A (Miscellaneous) – The City Engineer attended the monthly TTAC meeting for SBCAG. • Wastewater – The Wastewater Master Plan Update is under development. • Jr. High Sidewalk Project – The bid opening was held on May 7, 2026. Construction will begin after school is out for Summer break.
Development
The following developments require engineering review/oversight and are in various phases. • Pasadera – Construction on the southerly lots is continuing. • The Obispo Street bridge is under construction.
1 POLICE
• Citizens bringing speeding complaints forward. Some have requested speed bumps for their communities.
• Hancock College President will meet with Police Chief, Monday, June 8, 2026, in Guadalupe. Hancock College is still planning to hold college classes in Guadalupe this fall at the Senior Center.
• Will meet with Santa Maria Airport personnel to reopen law enforcement contract for updated revenue generation opportunities.
FIRE
• Fire Chief’s discussed the increase of Mutual Aid request between agencies. • Discussed the pending Ambulance RFP with input for local cities and additional revenue generation for cities.
• Will meet with State Fire Service officials to discuss revenue generation opportunities for Guadalupe.
CODE COMPLIANCE
• Working directly with city collections agency for better service and cost recovery
EMERGENCY PREPAREDNESS
No items to report
MONTHLY COMMITTEE ASSIGNMENTS
• Marian Hospital Community Board of Directors – Represent Guadalupe a. Discussed having a community Spanish speaking forum regarding medical assistance for Guadalupe residents.
• D&J’s Advisory Committee – Parolee Reentry and Homeless Shelter Assistance Director of Public Safety Report
June 9, 2026
Agenda Item No. 9A
2 • Son Care Advisory Board – Service Dogs for PTSD Veterans and Disability Community. a. Several dogs in training and looking for placement
b. Will work with released prisoners from service dog program for rehabilitation into society
c. All future commercial advertisements will feature Guadalupe if Chief is involved
• RFCC Coordination Committee – Fire Dispatch Center – Represent Guadalupe • EMS Workgroup – Emergency Medical Service – Represent Guadalupe a. Needing to find new departmental medical director to obtain medical supplies for fire department.
• Santa Barbara County Emergency Managers Meeting – Represent Guadalupe • Santa Barbara County Animal Services Monthly Meeting with Director – Represent Guadalupe
a. Discussed increased presence in Guadalupe
b. Requested traps for wild animals. Can not do to their protective “wild animal” status
• Santa Barbara County Probation Department – Community Corrections Realignment Planning Workgroup – Represent Guadalupe
• Santa Barbara Police Chief’s and Sheriff Association Meeting • Santa Barbara Fire Chief’s Association Meeting
a. Discussed increased Mutual Aid request and budget and staffing concerns b. Fireworks accident in Santa Maria – Childs hand blown off • Santa Barbara North County SART (Sexual Assault Response Team) Case Reviews – Represent Guadalupe
• Santa Barbara County CARE Act (Community Assistance, Recovery & Empowerment) Working Group - California Health and Human Services – Represent Guadalupe • OA Mass Care and Shelter Committee – Represent Guadalupe • Elected Leaders Forum to address Homelessness – Represent Guadalupe • California League of Cities as the California Police Chiefs Association Representative - Advancing Equity Advisory Committee.
3 SPECIAL PROJECTS
• Discussed Emergency Preparedness Training for Boys and Girls Club • Discussed developing a Senior Safety Forum at the Senior Center • Discussed presenting a Health and Safety Forum at the Riverview Complex and at Escalante Meadows Complex
• Staff is developing a yearly calendar of community outreach events. • Will hold departmental budget meeting and update for employees
Agenda Item No. 10
REPORT TO THE GUADALUPE CITY COUNCIL
Agenda of June 9, 2026
________________________________ __________________________________ Prepared by: Approved by:
Michael Cash, Director of Public Safety David Trujillo, City Administrator SUBJECT: Ordinance to Adopt the 2026 California Fire Code and amend the Guadalupe Municipal Code to Update Fire and Safety Regulations.
RECOMMENDATION:
It is recommended that the City Council introduce, on the first reading, and continue to the meeting of June 23, 2026, for second reading and adoption, Ordinance No. 2026-527 adopting the 2026 California Fire Code and amending the specified fire and safety ordinances in the Guadalupe Municipal Code.
BACKGROUND:
The State of California periodically updates the California Fire Code to adapt to changing needs in an effort to continue enhancing the safety of the public. The most current version of the California Fire Code was released in 2025 and will became effective on January 1, 2026.
DISCUSSION:
City staff is seeking City Council approval to adopt the 2026 California Fire Code to regulate fire, building and safety issues consistently throughout the State. This code has been revised to enhance the public safety effort by remaining current on changing technology and risks. The last update to the Fire Code was in 2022.
The primary focus of this request is to adopt the 2026 California Fire Code; however, staff is also requesting that the Council approve other amendments to the City’s Fire and Safety regulations set forth in the Guadalupe Municipal Code.
FISCAL IMPACT:
Adoption of the 2026 California Fire Code and amending the City’s Municipal Code regulations concerning fire and safety have no negative financial impact.
ATTACHMENTS:
1. Ordinance No. 2026-527
2. 2025 California Fire Code Amendments Summary of Changes Michael Cash
ORDINANCE NO. 2026-527
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GUADALUPE, CALIFORNIA, REPEALING ORDINANCE 2022-505 AND ADOPTING A NEW CHAPTER 8 OF TITLE 15 OF THE GUADALUPE
MUNICIPAL CODE
WHEREAS, the State of California has recently adopted the 2025 California Fire Code, which became effective January 1, 2026; and
WHEREAS, it is the desire and intent of the City Council of the City of Guadalupe to provide citizens with the greatest degree of fire, life, and structural safety in buildings in the most cost-effective manner by adopting that body of regulations referred to as the 2025 California Fire Code with amendments specific to the City of Guadalupe; and
WHEREAS, the California Health and Safety Code Section 17958.5 and Section 18941.5 require the City Council, before making any modifications or changes to the California Fire Code, to make an express finding that each such modification or change is needed; and WHEREAS, California Health and Safety Code Section 17958.7 requires that such changes must be determined to be reasonably necessary because of local climatic, geological, or topographical conditions; and
WHEREAS, such findings must be made available as a public record, and a copy thereof with each such modification or change shall be filed with the State of California Building Standards Commission; and WHEREAS, it is the intent of the City of Guadalupe to enact the 2025 California Fire Code with the amendments written below and shall become effective January 1, 2026:
THE CITY COUNCIL OF THE CITY OF GUADALUPE, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
Section 1. Findings: Pursuant to Health and Safety Code Section 17958.7, the City Council finds that the following conditions exist locally which require that amendments be made to the 2025 California Fire Code in order to protect the public health, safety, and welfare:
A. Climatic Conditions
1. Santa Barbara and San Luis Obispo Counties are in an area of high fire risk, and the local area regularly experiences high wind conditions, high temperatures, and low humidity, These winds, which can cause small fires which spread quickly, are a contributing factor to the high fire danger in the area, which creates a potential for localized disasters which could reduce the availability of mutual aid firefighting resources.
ATTACHMENT 1
2. The City of Guadalupe is located in a semi-arid Mediterranean-type climate which predisposes all fuels to rapid ignition and spread of fire. Therefore, there exists a need for additional fire protection measures.
3. The watershed upstream of the City experienced major wildland fire over the years which resulted in significant destruction of the vegetation and has created the potential for a dramatic increase in water flow through the Santa Maria River. The Santa Maria River Levee bordering the northern edge of the City terminates at the intersection of Highway 1, and from that point west, there is no protection for the City from flooding due to high flows in the Santa Maria River. This potential for significant flooding could place an extraordinary draw upon local emergency resources, and the need for additional requirements for fire protection as set forth in the amendments are necessary to supplement the capabilities of local emergency resources in a time of a flood emergency.
B. Geographic Conditions
1. The Guadalupe area is in close proximity to several active seismic faults, and amendments to the State Fire Code are necessary to supplement the capabilities of local emergency resources in a time of an area-wide earthquake.
2. The City has the potential for limited access to mutual aid resources. Access from the north is via one bridge over the Santa Maria River and from the south through several cuts in local mountains. In the event of an earthquake, flood, or other incidents, the availability of assistance from outside of the local area could be compromised. Amendments to the State Fire Code are necessary to ensure the City can meet the needs of the residents during these events.
3. The City of Guadalupe is located, at its westernmost part, approximately three and a half miles from the ocean. The city’s typical groundwater level is at fifty feet, with the areas of the city at levels as shallow as six to ten feet. This condition makes the City more prone to subsidence issues than most inland communities.
4. Soil formation within Guadalupe has been strongly influenced by the Santa Maria River floodplain. Soils underlying and surrounding the City are alluvial in nature, consisting primarily of sandy loams and silty clay loams. This low coastal plain and valley bottom with alluvial deposits and areas with high groundwater make the City susceptible to ground liquefaction.
Section 2. Repeal of Current Fire Code. Ordinance 2022-505, adopting the 2025 California Fire Code, is hereby repealed in its entirety.
Section 3. Adoption of Fire Code. A new Chapter 8 of Title 15 of the Guadalupe Municipal Code is hereby adopted to read as follows:
15.08.010 Adoption. The California Fire Code, 2025 edition as published by the State of California, including appendix A through O, and subsequent editions as adopted by the State of California, are adopted by reference subject to the additions, deletions, and amendments set forth in this chapter.
15.08.020 2025 California Fire Code amendments.
CHAPTER 1 SCOPE AND ADMINISTRATION
101 SCOPE AND GENERAL REQUIREMENTS
101.1 Title. These regulations shall be known as the Fire Code of the City of Guadalupe, hereinafter referred to as “this code.”
104 GENERAL AUTHORITY AND RESPONSIBILITY DUTIES AND POWERS OF THE FIRE CODE OFFICIAL 104.1.1 Peace Officer Powers. The Fire Chief, Fire Captains, Fire Inspectors, and other personnel as authorized by the Fire Chief, shall have the powers of police officers in performing duties under this code and shall have powers of peace officers as provided by California Penal Code Section 830.37 and shall have authority to issue citations.
104.12 Authority at Fires and Other Emergencies. The Fire Chief or designee in charge at the scene of a fire or other emergency involving the protection of life, environment, or property or any part thereof shall have the authority to direct such operation as necessary to extinguish or control any fire, perform any rescue operation, investigate the existence of suspected or reported fires, gas leaks or other hazardous conditions or situations, or take any other action necessary in the reasonable performance of duty. In the exercise of such power, the Fire Chief or designee is authorized to prohibit any person, vehicle, vessel or thing from approaching the scene and is authorized to remove, or cause to be removed or kept away from the scene, any person, vehicle, vessel or thing which could impede or interfere with the operations of the Fire Department and, in the judgment of the Fire Chief or designee, any person not actually and usefully employed in the extinguishing of such fire or in the preservation of the environment and property in the vicinity thereof.
108 109 INSPECTIONS
108.1 109.1 Inspection authority. The fire code official is authorized to enter and examine any building, structure, marine vessel, vehicle or premises in accordance with Section 104.34 of the California Fire Code for the purpose of enforcing this code.
111 112 BOARD MEANS OF APPEALS
111.1 112.1 Board of Appeals General. In order to hear and decide appeals of orders, decisions or determinations made by the Fire Code Official relative to the application an interpretation of this code, there shall be and is hereby created a Board of Appeals. The Board of Appeals shall be appointed by the governing body and shall hold office at its pleasure. The Fire Code Official shall be an ex officio member
of said Board but shall have no vote on any matter before the Board. The Board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the Fire Code Official. 111.1.1 112.1.1 Appeals Process. Whenever a Fire Inspector or other Fire Department member disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of this code do not apply or that the true intent and meaning of this code have been misconstrued or wrongly interpreted, the applicant may appeal the decision of the Fire Inspector or other Fire Department member to the Fire Chief IN WRITING within 15 calendar days from the date of the decision.
111.1.2 112.1.2 Appeals Process. Whenever the Fire Chief disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of this code do not apply or that the true intent and meaning of this code have been misconstrued or wrongly interpreted, the applicant may appeal the decision of the Fire Chief to the Board of Appeals IN WRITING within 15 calendar days from the date of the decision.
112 113 VIOLATIONS
112.2 113.2 Owner/occupant responsibility. Correction and abatement of violations of this code shall be the responsibility of the owner or owner's authorized agent. Where an occupant creates or allows to be created hazardous conditions in violation of this code, the occupant shall be held responsible for the abatement of such hazardous conditions.
112.4 113.4 Violation Penalties. Persons who shall violate a provision of this code, the Guadalupe Municipal Code, or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the Fire Code Official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000.00 or by imprisonment not exceeding 180 calendar days, or both such fine and imprisonment for each violation. Each day that a violation continues after due notice has been served shall be deemed a separate offense. The Fire Code Official may also cause an administrative action to be initiated in accordance with Title 1, Chapters 1.10 and 1.11 of the Guadalupe Municipal Code.
113 114 STOP WORK ORDER
113.4 114.4 Failure to Comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be guilty of a misdemeanor and subject to the penalties set forth in Section 112.4 113.4 of this code. The Fire Code Official may also cause an administrative action to be initiated in accordance with Title 1, Chapters 1.10 and 1.11 of the Guadalupe Municipal Code.
CHAPTER 3 GENERAL REQUIREMENTS
304 COMBUSTIBLE WASTE MATERIAL
304.1.2 304.1.3 Vegetation. Weeds, grass, vines, or other growth that is capable of being ignited and endangering property shall be cut down and removed by the owner or occupant of the premises.
Vegetation clearance requirements in urban/wildland interface areas shall be in accordance with California Fire Code Chapter 49 and Title 19, Division 1, 3.07(b). Refer to Guadalupe Municipal Code Chapter 8.16 for weed, trash, and debris removal and abatement procedures. 307 OPEN BURNING, RECREATIONAL FIRES AND PORTABLE OUTDOOR FIREPLACES 307.1.2 Combustible Refuse Prohibited Open Burning. A person shall not burn any combustible refuse in any open outdoor fire within the City. Burning in any incinerator is prohibited except with a permit issued by the Fire Code Official and in accordance with Federal, State, and Local requirements.
EXCEPTIONS:
1. Barbeque and recreational fires (campfires).
2. Agricultural burning with a permit issued by the Fire Code Official and in accordance with Federal, State, and Local requirements.
3. Fires set under public authority.
308 OPEN FLAMES
308.1.4 Open-Flame Cooking Devices. Charcoal burners and other open flame cooking devices shall not be operated on combustible balconies or within 10 feet (3,048 mm) of combustible construction.
308.1.4.1 Liquefied-Petroleum-Gas-Fueled Cooking Devices. LP-gas burners having an LP-gas container shall not be located on combustible balconies or within 10 feet (3,048 mm) of combustible construction.
311 VACANT PREMISES
311.1 General. Temporarily unoccupied buildings, structures, premises, or portions thereof, including tenant spaces or buildings damaged by fire or other disasters, shall be safeguarded and maintained in accordance with this section.
311.1.1 Abandoned Premises. Buildings, structures, and premises for which an owner cannot be identified or located by dispatch of a certificate of mailing to the last known or registered address, which persistently or repeatedly becomes unprotected or unsecured, which have been occupied by unauthorized persons or for illegal purposes, or which present a danger of structural collapse or fire spread to adjacent properties shall be considered abandoned, declared unsafe and abated by demolition or rehabilitation as directed by the Building Official and Fire Code Official.
311.1.3 Buildings or Property Damaged by Fire or Disaster. The owner, occupant, or other person having under their control any property or materials on property damaged by fire or other disasters, when access by the public is possible, shall secure the property either by boarding up all openings, fencing, barricading, or other appropriate measures as approved by the Fire Code Official. Within 15 calendar days after written notice by the Fire Code Official to do so has been served, all debris and/or damaged materials shall be removed from the property and deposited in accordance with Federal, State, and Local requirements or proof of contractual arrangements that have been made for demolition, replacement, or repair of all fire or disaster-damaged structures remaining on the property. 311.1.4 Authority to Secure Property Damaged by Fire or Other Disaster. The Fire Code Official shall be empowered to initiate necessary actions to secure property damaged by fire or other disaster and/or remove and dispose of debris and other damaged materials when, after giving notice to the owner of record of the property, the owner fails to secure the property and/or remove debris as ordered by the Fire Code Official.
311.1.5 Cost Recovery. The Fire Code Official is authorized to initiate any and all actions necessary to recover the costs of securing property damaged by fire or other disaster and/or removing and disposing of debris and other damaged materials when, after giving notice to the owner of record of the property, the owner fails to secure the property and/or remove debris, and the City provides the service either through the use of City resources or a contractor.
312 VEHICLE IMPACT PROTECTION
312.2 Posts. Guard posts shall comply with all of the following requirements:
1. Constructed of steel not less than 4 inches (102 mm) in diameter and concrete-filled.
2. Spaced not more than 3 feet (914 mm) between posts on center.
3. Set not less than 3 feet (914 mm) deep in a concrete footing of not less than 18 inches (458 mm) in diameter.
4. Set with the top of the posts not less than 3 feet (914 mm) above ground.
5. Located not less than 3 feet (914 mm) from the protected object. 316 HAZARDS TO FIRE FIGHTERS
316.7 Fog, Smoke or Gas Emitting Systems. No system or device shall be installed in any building or portion of a building which, as a part of its operation discharges any fog, gas, smoke, vapor, liquid, or other product when the design of the system discharge is to obscure the vision of any person, cause disorientation, or incapacitate any person within the building or portion thereof. Nothing in this section is intended to preclude the connection of an alarm system to any fire suppression system.
CHAPTER 4 EMERGENCY PLANNING AND PREPAREDNESS
401 GENERAL
401.3.5 Hazardous Materials Events. In the event an unplanned or unwanted release of hazardous materials occurs on a property, the owner or occupant shall immediately report such conditions to the Fire Department.
403 EMERGENCY PREPAREDNESS REQUIREMENTS
403.11.1 Fire watch personnel. Where, in the opinion of the fire code official, it is essential for public safety in a place of assembly or any other place where any other Activity requires a fire watch. 403.11.1.1 When required. Fire watch shall be provided as follows:
1. When required by other sections of this code.
2. When the Fire Code Official deems a condition essential for public safety.
3. When the Fire Code Official determines that conditions may result in a rekindle. 403.11.1.2 Financial Responsibility. The property owner, the tenant or occupant in control of the premises shall be responsible for all costs of providing a fire watch. 403.11.1.3 Qualifications. Personnel assigned to fire watch duties shall possess the following minimum qualifications:
1. Shall be at least 18 years of age.
2. Shall be able to speak, read, write and understand English.
3. Shall be capable of executing the duties and responsibilities as specified in 114.4.
4. Shall be capable of operating a mobile telephone device and/or portable radio.
5. Shall be capable of inspecting all portions of their assigned watch area. 403.11.1.4 Number and Hours. The Fire Code Official shall specify the minimum number of fire watch personnel required and the hours during which they must be present based on the conditions and size of the facility.
403.11.1.5 Duties and Responsibilities. Duties and responsibilities of persons assigned fire watch duties include, but are not limited to the following:
1. To know the address of the facility being watched.
2. To be equipped with a mobile telephone device that can be used to contact 9-1-1 or a portable radio that can be used to communicate with a constantly attended security/communications center.
3. To continuously make rounds and monitor all assigned areas.
4. To immediately report any sign of smoke, fire or other emergency to 9-1-1 or to the security/communications center.
5. To activate the building fire alarm system when the building is equipped with such a system or notify those present to evacuate the building or area.
6. To assist with the evacuation of people present in the area.
7. To keep a fire watch log that, as a minimum, includes the following information:
a. Identifies the building or area by name and address that is under watch.
b. The date and time each round or tour is completed, plus comments on what was observed.
Each entry shall contain the name and signature of the person conducting the watch. c. Fire watch logs shall be immediately accessible for review by the Fire Code Official. A copy of the fire watch log shall be retained by the owner or agent of the facility being protected.
8. To continue the fire watch until permission has been received from the Guadalupe Fire Department to terminate the fire watch activities.
9. Fire watch personnel shall not be assigned additional duties during their fire watch tour.
CHAPTER 5 FIRE SERVICE FEATURES
503 FIRE APPARATUS ACCESS ROADS
503.4.2 Removal of Obstructions. The Fire Code Official shall have the power and authority to remove or cause to be removed, without notice, any vehicle, vessel, or thing parked or placed in violation of any or all sections of this code. The owner of any item so removed shall be responsible for all charges connected therewith.
503.4.3 Cost Recovery. The Fire Code Official is authorized to initiate any and all actions necessary to recover the costs of removal and storage of any vehicle, vessel, or thing parked or placed in violation of any or all sections of this code when the City provides the service either through the use of City resources or a contractor.
503.6.1 Electrically Operated Gates. All electrically operated gates that are installed across required fire access roads or pathways shall have a Knox brand access switch installed, which will open the gate.
The switch shall be installed so it will open the gate, and the gate will remain in the open position until reset by the Fire Department. The gate shall have a manual means of opening in the event of a power failure and shall be accessible from the exterior of the property. 503.6.2 Manually Operated Gates. All manually operated gates installed across required fire access roads or pathways, and which are locked, shall have a Knox brand padlock installed. The Knox padlock shall be integrated with any other lock in such a manner as to allow the gate to be opened by unlocking the Knox padlock only.
505 PREMISES IDENTIFICATION
505.1 Address Numbers. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches in height with a minimum stroke width of 0.5 inch (12.7 mm) for residential occupancies and 6 inches (152 mm) high with a minimum stroke width of 0.75 inch (19 mm) for commercial and industrial occupancies.
Numbers and/or letters of larger size may be required based on the size and design of the building or group of buildings. Where access is by means of a private road and the building cannot be viewed from
the public way, a monument pole or sign or means shall be used to identify the structure. Address identification shall be maintained.
505.1.1 Rear Door Address Numbers. All commercial and industrial buildings with access via an alley or other similar roadways shall have the address number, unit or suite number, and street name provided on or adjacent to the rear door of the building or tenant space. These numbers shall contrast with their background. Address and suite numbers shall be Arabic numerals or alphabet letters, shall be a minimum of 6 inches (152 mm) high with a minimum stroke width of 0.75 inch (19 mm). The street name shall be a minimum of 4 inches in height with a minimum stroke width of 0.5 inch (12.7 mm).
Numbers and/or letters of larger size may be required based on the size and design of the building or group of buildings.
505.1.2 Address Directory. All buildings, or groups of buildings served by an alley, private driveway or similar roadway system, shall be provided with an address directory at every entrance to the property.
The design of the directory shall be in accordance with standards set forth by the Fire Code Official. The directory shall be maintained by the property owner, Homeowner’s Association, or other individual or group in charge of the property.
506 KEY BOXES
506.1 Where Required. All new commercial occupancies shall have a Knox brand key box installed as directed by the Fire Code Official. Existing commercial occupancies shall install a Knox key box as directed by the Fire Code Official when a Building Permit is obtained for any work. The key box shall contain keys that will allow the Fire Department access to all portions of the building. The keys shall have a tag affixed identifying their purpose.
506.1.1 Locks. All gates or similar barriers across required Fire Department access roads or pathways shall have a Knox brand padlock installed in addition to any lock placed by the property owner or tenant.
The Knox padlock shall be integrated with any other lock in such a manner as to allow the gate to be opened by unlocking the Knox padlock only.
506.2 Key Box Maintenance. The owner, manager or other person in charge of a property shall notify the Fire Code Official and provide new key(s) when a lock is changed or re-keyed within 5 working days of the change. Upon notification, the Fire Code Official will make arrangements to place the new key(s) in the key box.
506.3 Responsibility. Correction and abatement of violations of section 506.1 and 506.1.1 of this code shall be the responsibility of the owner or the owner's authorized agent. 507 FIRE PROTECTION WATER SUPPLIES
507.5.4.1 Removal of Obstructions. The Fire Code Official shall have the power and authority to remove or cause to be removed, without notice, posts, fences, vehicles, growth, trash, storage, and other
materials or objects or things parked or placed in violation of Section 507.5.4. The owner of any item so removed shall be responsible for all charges connected therewith.
507.5.4.2 Cost Recovery. The Fire Code Official is authorized to initiate any and all actions necessary to recover the costs of removal and storage of any posts, fences, vehicles, growth, trash, storage, and other materials or objects or things parked or placed in violation of Section 507.5.4 when the City provides the service either through the use of City resources or a contractor. 507.5.5 Clear Space Around Hydrants. A 5-foot (1.5 m) clear space shall be maintained around the circumference of fire hydrants except as otherwise approved by the Fire Code Official.
509 FIRE PROTECTION AND UTILITY EQUIPMENT IDENTIFICATION AND ACCESS
509.1 Identification. Fire protection equipment shall be identified in an approved manner. Rooms containing controls for air-conditioning systems, sprinkler risers and valves, or other fire detection, suppression or control elements shall be identified for the use of the Fire Department. All signage shall be designed and installed in accordance with Guadalupe Fire Department Standards.
509.1.1 Utility Identification. Where required by the fire code official, gas shutoff valves, electric meters, service switches and other utility equipment shall be clearly and legibly marked to identify the unit or space that it serves. Identification shall be approved by the Fire Code Official, readily visible, and shall be maintained.
509.1.2 Sign Maintenance. All signs required by this code shall be maintained in a legible condition and replaced or repaired as required by the Fire Code Official.
CHAPTER 6 BUILDING SERVICES AND SYSTEMS
603 ELECTRICAL EQUIPMENT, WIRING AND HAZARDS
603.8 Temporary Wiring. Temporary wiring for electrical power and lighting installations is allowed for a period not to exceed 90 days upon issuance of a permit by the Fire Code Official and the Building Code Official. Temporary wiring methods shall meet the applicable provisions of the California Electrical Code.
Exception: Temporary wiring for electrical power and lighting installations is allowed during periods of construction, remodeling, repair or demolition of buildings, structures, equipment or similar activities. 605 FUEL-FIRED APPLIANCES
605.5 605.5.3 Portable Unvented Heaters. The use of portable unvented fuel-fired heating equipment shall be prohibited in all occupancies except where a permit has been issued by the Fire Code Official and the Building Code Official.
Exception: Portable outdoor gas-fired heating appliances shall be allowed in accordance with Section 605.5.2
606 COMMERCIAL COOKING EQUIPMENT AND SYSTEMS
606.3.4.1 Hood Servicing. A certificate of inspection/service shall be forwarded to the Guadalupe Fire Department within 5 working days of completion of the 6-month service, or upon service rendered after the activation of any fire suppression system. The submission of the certificate of inspection service is the responsibility of the contractor performing the service. The certificate may be a copy of the invoice as long as it has the required information contained therein.
The certificate shall include:
1. The name, address, and phone number of the licensed contractor performing the service.
2. The name, address, and phone number of the business for which the service is being done.
3. Date and time of the service.
4. Make, model, and manufacturer of the system.
5. A detailed list of all work completed on the system (clean nozzles, replace links, recharge system).
6. Specific date of the previous service on the system.
7. The cleanliness of the hood and associated appliances.
8. Alterations to the system or appliances that cause the system to be out of compliance with the manufacturer’s specifications.
CHAPTER 9 FIRE PROTECTION SYSTEMS
901 GENERAL
901.7 Systems Out of Service. Where a required fire protection system is out of service, the Fire Code Official shall be notified immediately and, where required by the Fire Code Official, the building shall either be evacuated or an approved fire watch shall be provided for all occupants left unprotected by the shutdown until the fire protection system has been returned to service. Where utilized, fire watches shall comply with the provisions of Chapter 1, Sections 403.11.1.1, 403.11.1.2, 403.11.1.3, 403.11.1.4, and 403.11.1.5 of this code.
903 AUTOMATIC SPRINKLER SYSTEMS
903.2 Where Required. Approved automatic fire sprinkler systems in new buildings and structures shall be provided in the locations described in this section, regardless of construction type, occupancy separation walls or area separation walls.
903.2.1 Group A. All Group A-1, A-2, A-3, and A-4 occupancies shall be equipped with an automatic fire sprinkler system throughout the building.
903.2.2.1 903.2.2 Group B. All Group B occupancies other than those described in Section 903.2.2 shall be equipped with an automatic fire sprinkler system throughout the building when the gross floor area is more than 5,000 square feet.
903.2.2 903.2.2.1 Group B Ambulatory Health Care Facilities. An automatic sprinkler system shall be installed throughout the building in all Group B ambulatory health care facility occupancies when either of the following conditions exist at any time:
1. Four or more care recipients are incapable of self-preservation.
2. One or more care recipients who are incapable of self-preservation are located at other than the level of exit discharge serving such an occupancy.
903.2.3 Group E. All Group E occupancies shall be equipped with an automatic fire sprinkler system throughout the building.
903.2.4 Group F. All Group F occupancies shall be equipped with an automatic fire sprinkler system throughout the building when the gross floor area is more than 2,500 square feet (233 m2).
903.2.4.1 Woodworking Operations. Refer to section 903.2.4. 903.2.6 Group I. All Group I occupancies shall be equipped with an automatic fire sprinkler system throughout the building.
903.2.7 Group M. All Group M occupancies shall be equipped with an automatic fire sprinkler system throughout the building when the gross floor area is more than 5,000 square feet.
903.2.9 Group S-1. All Group S-1 occupancies shall be equipped with an automatic fire sprinkler system throughout the building when the gross floor area is more than 2,500 square feet (233 m2).
903.2.22 Speculative Building Defined. Any F, M, or S occupancy required by this code to be equipped with automatic fire sprinklers throughout the building in which the tenant is not identified at the time of application for a building permit shall be considered a speculative building.
903.2.22.1 Speculative Building, Sprinkler System Design. Automatic fire sprinkler systems in speculative buildings as defined in Section 903.2.20 with an interior clear height of 12 feet or less shall have a minimum design of .20 gallons per minute over a 2,500 square foot design area (.20/2500).
903.2.22.2 Speculative Building, Sprinkler System Design. Automatic fire sprinkler systems in speculative buildings as defined in Section 903.2.20 with an interior clear height of more than 12 feet shall be designed as set forth in Section 206.2.2 of this code (High-piled storage). 903.2.23 Additions or alterations. Automatic fire sprinkler system throughout the building shall be provided when:
a. Additions to existing buildings adds more than 50% of the existing square footage to the structure and results in a total square footage in excess of 1,500 (one thousand five hundred) square feet;
b. Alterations to Group A, B as described in section 903.2.2. E, F, and S encompass more than 50% of the existing square footage of the structure or is in excess of 1,500 (one thousand five hundred) square feet where there is a change of occupancy to a more hazardous use as determined by the Building Official or Fire Chief;
c. Alterations to Group B other than those described in Section 903.2.2 and M encompass more than 50 % of the existing square footage of the structure or is in excess of 3,000 (three thousand) square feet or where there is change of occupancy to a more hazardous use as determined by the Building Official or Fire Chief;
d. Alterations to Group R encompass more than 50% of the existing square footage of the structure or is in excess of 2,000 (two thousand) square feet or where there is a change of occupancy to a more hazardous use as determined by the Building Official or the Fire Chief; e. These requirements will be applicable to the combined square footage of all building permit issued for the address or site within the last five years. Buildings or structures separated by less than ten (10) feet shall be considered as a single building or structure. 904 ALTERNATIVE AUTOMATIC FIRE-EXTINGUISHING SYSTEMS
904.13.6 904.14.6 Wood or Wood Product Fueled Cooking. All commercial-type cooking equipment using wood or wood products as fuel shall be protected by an automatic sprinkler system within the hood and the ductwork. The water supply may be provided from the building’s fire sprinkler system, or the domestic water supply. The minimum water flow calculation shall be 20 gallons per minute (76 gpm) at 7 psi (.5 bar) for each head. There shall be a separate control valve for the fire sprinkler system protecting the commercial-type cooking equipment.
905 STANDPIPE SYSTEMS
905.13 Fire Hose Requirements. The Fire Code Official may, upon written request of the property owner, waive the requirement for fire hose in conjunction with required standpipe systems.
906 PORTABLE FIRE EXTINGUISHERS
906.3.5 Minimum Fire Extinguisher Rating. The minimum rating for a required fire extinguisher as set forth in this code shall be 2A10BC.
907 FIRE ALARM AND DETECTION SYSTEMS
907.11 False Alarms. The Fire Code Official is authorized to seek cost recovery for a Fire Department response to an alarm system activation which is determined to be a false alarm caused by system malfunction, system misuse or other non-emergency causes.
907.11.1 False Alarm Frequency. The cost recovery fee will be charged for all responses after the second false alarm in a calendar year.
907.11.2 False Alarm Fee. The amount of the cost recovery fee will be as set forth in the City of Guadalupe User Fees Schedule. Additional fees may be charged for extraordinary circumstances.
907.11.3 False Alarm—Legal Action. The Fire Code Official may initiate civil or criminal action as set forth in Guadalupe Municipal Code Chapters 1.10 and 1.11.
912 FIRE DEPARTMENT CONNECTIONS
912.5 Signage Signs. All Fire Department connections, fire sprinkler risers, standpipe connections, and fire pump connections shall be provided with a sign identifying its location in accordance with standards established by the Fire Code Official. Where the fire department connection does not serve the entire building, a sign shall be provided indicating the portion of the building served.
912.5.1 912.5.5 Existing Buildings. All existing buildings equipped with a Fire Department connection, fire sprinkler riser, standpipe connections, and fire pump connections shall have installed signs as described in Section 912.5. when required by the fire code official.
912.8 Clear Space Makings. A 5-foot (1.5 m) clear space shall be maintained in front of the fire department connection when placed directly in front of a parking area or road. Where the clearance required intrudes into the road or parking area, the Fire Lane Curb Painting Requirements in section D103.6.4 must be applied.
CHAPTER 10 MEANS OF EGRESS
1013 EXIT SIGNS
1013.7 Floor Level Exit Signs. All buildings, or portions of a building with an occupant load of 50 or more shall be provided with floor level exit signs. The floor level exit signs shall be readily visible from any direction of egress travel. Access to exits shall be marked by readily visible floor level exit signs in cases where the exit or the path of egress travel is not immediately visible to the occupants. Floor level exit sign placement shall be such that no point in a corridor is more than 100 feet (30.5 m) or the listed viewing distance for the sign, whichever is less, from the nearest visible exit sign.
1013.7.1 Installation. Floor level exit signs shall be installed so the bottom of the sign is not less than 6 inches (152 mm), nor more than 12 inches (305 mm) above the adjacent grade. The sign shall be installed on the latch side of exit doors and shall be not less than 4 inches from the door opening.
1013.7.2 Floor Level Exit Sign Illumination. All floor level exit signs shall be illuminated as set forth in Sections 1013.3, 1013.5 and 1013.6.
1028 EXIT DISCHARGE
1028.5.1 Access Way Design. Required exits for all buildings shall be provided with an all-weather surface walkway from the exit discharge to a public way or safe dispersal area as defined in Section 1028.5. The minimum design for the all-weather surface walkway shall be:
1. 48 inches in width (1.2 m) (Greater width may be required based on building occupant load)
2. 84 inches clear overhead (2.5 m)
3. Asphalt or concrete material
1030 ASSEMBLY
1030.18 Bench Seating. Where bench seating is used, the number of persons for exiting design shall be based on one person for each 18 inches (457 mm) of length of the bench. For occupant load and seat assignment, the number of persons shall be based on one person for each 24 inches (610 mm) of length of the bench. Fractional measurements shall be rounded down to the next lowest occupant number.
CHAPTER 11 CONSTRUCTION REQUIREMENTS FOR EXISTING BUILDINGS 1104 MEANS OF EGRESS FOR EXISTING BUILDINGS
1104.3.1 Floor Level Exit Signs. All existing buildings with an occupant load of more than 50 persons shall provide floor level exit signs as set forth in Sections 1013.7, 1013.7.1 and 1013.7.2 when the owner or the owner’s agent applies for a building permit to perform work with a value in excess of $10,000.00. 1104.26 Access Way Design. All existing buildings shall provide an all-weather surface walkway from the exit discharge to a public way or safe dispersal area as defined in Section 1028.5 when the owner or the owner’s agent applies for a building permit to perform work with a value in excess of $10,000.00. The minimum design for the all-weather surface walkway shall be:
1. 48 inches in width (1.2 m) (greater width may be required based on building occupant load).
2. 84 inches clear overhead (2.5 m).
3. Asphalt or concrete material.
CHAPTER 23 MOTOR FUEL DISPENSING FACILITIES AND REPAIR GARAGES 2306 FLAMMABLE AND COMBUSTIBLE LIQUID MOTOR FUEL-DISPENSING FACILITIES 2306.2.3.1 Fire Protection. All above-ground storage tanks for Class I, II, IIIA, and IIIB liquids shall be protected by an automatic water spray system designed and installed in accordance with NFPA Standard #15. The system shall be activated by a manual pull station and heat detectors proportionally spaced around the tank within the containment area.
Exception: Above-ground storage tanks with a fire resistance rating of 2 hours or more. 2306.2.3.2 Conditional Use Permit. Storage of Class I, II, IIIA, or IIIB liquids in above-ground tanks is not permitted in all areas of the City, except those zoning districts where the use is permitted, subject to approval of a conditional use permit and a valid conditional use permit is in effect.
2306.2.3.3 Operational Permit. An annual operational permit is required as set forth in section 105.1.6, 105.5.18, and 105.5.33.
2306.4 Physical Protection. Guard posts complying with Section 312 or other approved means shall be provided to protect above-ground tanks against impact by a motor vehicle. 2306.5.1 Identification Placard for Above-ground Tanks. All above-ground tanks containing Class I, II, IIIA, or IIIB liquids shall have an identification placard permanently affixed to it. The identification placard shall have the following information:
a. Tank owner’s name.
b. Physical address of the tank installation.
c. Product contained in tank.
d. Tank capacity.
2307 LIQUEFIED PETROLEUM GAS MOTOR FUEL-DISPENSING FACILITIES 2307.1.1 Conditional Use Permit. Storage, dispensing and use of liquefied petroleum gas in aboveground tanks exceeding 450 gallons is not permitted in all areas of the City, except those zoning districts where the use is permitted subject to approval of a conditional use permit and a valid conditional use permit is in effect.
2307.1.2 Identification Placard for Above-ground Tanks. All above-ground tanks containing liquefied petroleum gas exceeding 450 gallons shall have an identification placard permanently affixed to it. The identification placard shall have the following information:
a. Tank owner’s name.
b. Physical address of the tank installation.
c. Product contained in tank.
d. Tank capacity.
2307.1.3 Operational Permit. An annual operational permit is required as set forth in section 105.1.6, 105.5.28, and 105.5.33.
2308 COMPRESSED NATURAL GAS MOTOR FUEL-DISPENSING FACILITIES 2308.1.1 Conditional Use Permit. Storage, dispensing, and use of compressed natural gas in aboveground tanks is not permitted in all areas of the City, except those zoning districts where the use is permitted, subject to approval of a conditional use permit and a valid conditional use permit is in effect. 2308.1.2 Identification Placard for Above-ground Tanks. All above-ground tanks containing compressed natural gas shall have an identification placard permanently affixed to it. The identification placard shall have the following information:
a. Tank owner’s name.
b. Physical address of the tank installation.
c. Product contained in tank.
d. Tank capacity.
2308.1.3 Operational Permit. An annual operational permit is required as set forth in section 105.1.6 and 105.5.33.
2309 HYDROGEN MOTOR FUEL-DISPENSING AND GENERATION FACILITIES 2309.1.1 Conditional Use Permit. Storage, dispensing, generation, and use of hydrogen gas in aboveground tanks is not permitted in all areas of the City, except those zoning districts where the use is permitted, subject to approval of a conditional use permit and a valid conditional use permit is in effect. 2309.1.2 Identification Placard for Above-ground Tanks. All above-ground tanks containing hydrogen gas shall have an identification placard permanently affixed to it. The identification placard shall have the following information:
a. Tank owner’s name.
b. Physical address of the tank installation.
c. Product contained in tank.
d. Tank capacity.
2309.1.3 Operational Permit. An annual operational permit is required as set forth in section 105.1.6 and 105.5.33.
CHAPTER 31 TENTS AND OTHER MEMBRANE STRUCTURES
3103 TEMPORARY TENTS AND MEMBRANE STRUCTURES
3103.2 Approval Required. Tents and membrane structures having an area in excess of 400 square feet (37 m2) shall not be erected, operated, or maintained for any purpose without first obtaining a permit and approval from the Fire Code Official.
Exceptions:
1. Tents used exclusively for recreational camping purposes. 3103.4 Permit. An operational permit is required as set forth in sections 105.5 and 105.6 prior to occupation.
CHAPTER 32 HIGH PILED COMBUSTIBLE STORAGE
3206 GENERAL FIRE PROTECTION AND LIFE SAFETY FEATURES
3206.2.2 Speculative Building. Group F, M, and S speculative buildings as defined in Section 903.2.22 having an interior clear height greater than 12 feet where high piled storage may accrue shall comply with this chapter. The storage height shall be determined by subtracting 48 inches from the highest point
of the roof above each system for ESFR and 30 inches from the highest point of the roof above each system for area density applications.
3206.2.3 Minimum Sprinkler Design Requirements for Speculative Buildings. The design of the automatic sprinkler system for speculative buildings, as defined in Sections 903.2.22.2 and 3206.2.2, shall be based on the storage of a carton of Class A non-expanded plastic to the available storage height.
The storage height shall be determined by subtracting 48 inches from the highest point of the roof above each system for ESFR and 30 inches for area density applications.
CHAPTER 33 FIRE SAFETY DURING CONSTRUCTION AND DEMOLITION
3304 3305 TEMPORARY HEATING EQUIPMENT IGNITION SOURCE CONTROL 3304.1.1 3305.1.1 Temporary Heating Equipment. The use of temporary fuel-fired heating equipment shall be prohibited in all occupancies except where a permit has been issued by the Fire Code Official and Building Code Official.
3305 3306 PRECAUTIONS AGAINST FIRE FIRE PROTECTION SYSTEMS AND DEVICES 3305.5 3306.7 Fire Watch. When required by the Fire Code Official for building demolition that is hazardous in nature, qualified personnel shall be provided as an on-site fire watch. The Fire Watch shall meet the requirements set forth in Chapter 4, Sections 403.11.1.1, 403.11.1.2, 403.11.1.3, 403.11.1.4, and 403.11.1.5 of this code
3311 3307.1.1 ACCESS FOR FIRE FIGHTING REQUIRED ACCESS
3311.1.1 3307.1.4 Inspection. The Fire Code Official shall inspect and approve the Fire Department access prior to the issuance of a building permit.
3312 MEANS OF EGRESS
3312.3 Temporary Exit Signage. All buildings under construction or undergoing demolition shall be provided with temporary exit signage when any one or more of the following conditions are present:
1. The building is 2 or more stories in height.
2. The building is 10,000 square feet or larger.
3. When in the opinion of the Fire Code Official, exit signage is necessary due to the design of the building or other unusual circumstances are present.
The location and design of the exit signs shall be determined by the Fire Code Official. 3313 WATER SUPPLY FOR FIRE PROTECTION
3313.1.1 Inspection. The Fire Code Official shall inspect and approve the water system prior to the delivery of combustible materials at the job site.
3316 PORTABLE FIRE EXTINGUISHERS
3316.1 Where Required. Structures under construction, alteration or demolition shall be provided with not less than one approved portable fire extinguisher in accordance with Section 906 and sized for not less than ordinary hazard as follows:
1. At each stairway on all floor levels where combustible materials have accumulated.
2. In every storage and construction shed.
3. Throughout the building under construction in sufficient quantity so travel distance does not exceed 75 feet (23 m).
4. The minimum rating for fire extinguishers shall be 2A10BC.
5. Additional portable fire extinguishers shall be provided where special hazards exist including, but not limited to, the storage and use of flammable and combustible liquids.
CHAPTER 56 EXPLOSIVES AND FIREWORKS
5605 MANUFACTURE, ASSEMBLY AND TESTING OF EXPLOSIVES, EXPLOSIVE MATERIALS AND
FIREWORKS
5605.1.2 5605.1.1 Manufacturing of Fireworks and Pyrotechnic Special Effects Materials. The manufacturing of fireworks is prohibited except when licensed by the California State Fire Marshal and permitted by the Guadalupe Fire Department. For the purpose of this chapter, the altering of any firework from its original design shall be considered manufacturing. 5607 BLASTING
5607.1.1 Storage and Use of Explosives and Blasting Agents. The storage of explosive and blasting agents is prohibited in all areas of the City, except those zoning districts where the use is permitted, subject to approval of a conditional use permit and a valid conditional use permit is in effect, except for temporary storage for use in connection with approved blasting operations provided a permit has been issued by the City for the temporary use. However, this prohibition shall not apply to wholesale and retail stock of small arms ammunition, explosive bolts, explosive rivets or cartridges for explosive actuation power tools in quantities involving less than 500 pounds of explosive material. 5608 FIREWORKS DISPLAY
5608.1.2 Displays. Permits issued by the Guadalupe Fire Department are required to conduct any fireworks display. Permit application to the City shall be made not less than 15 work days prior to the scheduled date of the display. At the time of permit application, the Fire Chief shall be consulted regarding the requirements for standby fire apparatus.
5614 FIREWORKS SALES
5614.1 Safe and Sane Fireworks. The manufacture, display, sales, storage, possession, use and handling of safe and sane fireworks shall be in accordance with the California Code of Regulations and this chapter. Safe and sane fireworks are those fireworks as defined by Section 12529 of the California Health and Safety Code.
5614.2 Date and Hours of Sale and Use. Safe and sane fireworks may be sold during the period beginning at twelve noon (12:00 p.m.) on the 28th day of June and ending at eleven fifty-nine (11:59 p.m.) on the 4th day of July each year pursuant to the provisions of Section 12599, California Health and Safety Code.
Daily opening and closing hours of each fireworks stand are optional as long as they fall within the times specified above. Safe and sane fireworks, as defined by Section 12529 of the California Health and Safety Code, may only be used between the hours of 11:00 a.m. and 11:59 p.m. on the 4th of July. 5614.2.1 License—Required. No person or organization shall possess, use, sell or offer for sale any fireworks of any kind without having applied for and received a license issued by the California State Fire Marshal’s Office, as provided for in Section 12688, California Health and Safety Code. 5614.2.2 Permit—Required. No person or organization shall possess, use, sell or offer for sale any fireworks of any kind without having applied for and received a permit from the Guadalupe Fire Department.
5614.2.3 Permit—Issuance. No permits for sale of safe and sane fireworks will be issued to any person, firm or corporation except those nonprofit associations or corporations organized primarily for veteran, patriotic, welfare, civic betterment, or charitable purposes. Proof of nonprofit status may be required.
Each organization must have its principal and primary meeting place within the corporate city limits of the City of Guadalupe. No organization may receive more than one permit for one location for the sale of safe and sane fireworks during any one calendar year. a. The maximum number of permits that will be issued pursuant to this article shall not exceed one permit for each 6,000 residents of the City, or fraction thereof, based on the official City census.
b. If the number of applications exceeds the number of permits to be issued, the permittees during the preceding year shall have first priority for the available permits. Those organizations applying that are beyond the maximum number of permits issued may be put on a waiting list maintained by the Guadalupe Fire Department, if they so request.
EXCEPTIONS: Any prior permittee who fails to operate and any prior permittee who violates any rule, ordinance, regulation, or law while operating a fireworks stand in any one year shall be deemed to have withdrawn from the fireworks sale program. Applicants who are deemed to have withdrawn from the program may apply in writing to the Fire Chief for reinstatement. Prior permit holders may be returned to the program on the waiting list upon demonstrating that failure to timely submit was due to excusable negligence and the applicant otherwise meets the qualifications of this code. 5614.2.4 Permit Application. All applicants for a permit to sell fireworks shall:
1. Furnish the Guadalupe Fire Department a list of names of the organizations and the name, address, and phone number of the individual in each organization who is responsible for the retail sales of the fireworks. This list will be used to send the appropriate letters and application forms to the current list of permit applicants. The list shall be in the possession of the
Guadalupe Fire Department no later than May 15th of each year so the appropriate letter and forms may be sent to the permit applicants in a timely fashion.
2. Submit a written application to sell fireworks on the form provided by the City.
3. Submit a copy of a certificate of insurance in the amount of $1,000,000.00 for public liability and property damage, indicating riders attached to the policy designating the City of Guadalupe as an additional insured.
4. Submit a “letter of permission” signed by the property owner or their authorized agent permitting the organization to erect a fireworks stand on the owner’s property.
5. Complete and submit all required paperwork to the Guadalupe Fire Department on or before June 5th for sales to commence during the period June 28th to July 4th of the same year.
Failure to submit a complete application package by June 5th shall be deemed a withdrawal from the fireworks sale program. Applicants who are deemed to have withdrawn from the program may apply in writing to the Fire Chief for reinstatement. The applicant may be returned to the program on the waiting list upon demonstrating that failure to timely submit was due to excusable negligence and the applicant otherwise meets the qualifications of this code.
5614.2.5 Fireworks Stand Construction. Sales of safe and sane fireworks shall only be from temporary fireworks stands. Sale from any other building or structure is prohibited. Temporary fireworks stands shall be subject to the following conditions:
1. No stand shall be located within 25 feet (7.4 m) of a building or within 100 feet (31 m) of any flammable or combustible liquid or flammable gas dispensing or storage operation.
2. Fireworks stands need not comply with the Building Code. All stands must be constructed and erected in a manner that will reasonably ensure the safety of the attendants and customers.
The stands are subject to inspection by the Guadalupe Fire Department at any time and decisions as to the reasonableness of safety and construction of the stand will be determined through these inspections.
3. Fireworks stands need not obtain a conditional use permit.
4. All fireworks stands shall be erected only on commercial or industrial zoned property within the city limits of Guadalupe. No fireworks stand shall be constructed or erected on residentially zoned property.
5. Stand locations shall be approved by the Fire Department prior to construction.
6. Permittees must provide a “letter of permission” from the property owner or their authorized agent approving the use of the property for fireworks sale.
7. Fireworks stands in excess of 24 feet (7.3 m) in length shall have a minimum of 2 exits. 5614.2.6 Fireworks Stand Operation. No person shall be paid any consideration for erecting, constructing, dismantling or operating a fireworks stand.
1. No person shall be paid any consideration for selling or otherwise participating in the sale of fireworks at a stand. This includes constructing, erecting, or dismantling a fireworks stand.
2. While occupied, all fireworks stands shall have a minimum of one 2A rated water pressure fire extinguisher with a current service tag within the stand. The pressurized water type of fire extinguisher shall not be substituted with any other type.
3. All weeds, trash and other combustible debris shall be cleared for a distance of at least 25 feet (7.4 m) from the stand in all directions.
4. Doors of the stands shall not be locked on the outside. The door may be provided with a latch on the inside, provided it does not cause undue delay to anyone exiting in an emergency.
5. The interior of the stand shall be maintained in such a manner as to provide a clear pathway from any point inside to an exit at all times.
6. All electrical power to the stands shall be installed and maintained in a safe manner.
Generators and their fuel shall be stored and operated a minimum of 25 feet (7.4 m) from the stand.
7. No heating appliance shall be permitted inside of a stand or within 25 feet (7.4 m) of a stand.
8. No motor vehicle shall be parked within 25 feet (7.4 m) of a stand.
Exception: Vehicles operated by a permitted organization to pick up or deliver fireworks may be parked within 25 feet (7.4 m) of a stand.
9. All fireworks stands shall be completely emptied of fireworks and the fireworks shall be transported to the central storage facility when the stand is not open for business.
10. No person shall sleep or otherwise occupy a fireworks stand in lieu of removing the fireworks from the stand when not open for business.
11. The temporary fireworks stand will be dismantled and removed from its location not later than the Sunday of the weekend following the 4th of July of each year. It shall be the responsibility of the permittee to remove the stand. If the removal of the stand is not accomplished by this deadline, the City of Guadalupe shall remove and store it until it is redeemed by the payment of appropriate fees and interest thereon, if applicable due to the passage of time before payment is received, for its removal and storage.
5614.2.7 Fireworks Storage, Transportation and Delivery. Storage, transportation and delivery of fireworks shall be in accordance with this chapter.
1. Fireworks storage is authorized in only 2 locations: at the fireworks stands when open for business or at the City-approved centralized storage facility.
2. Fireworks wholesale distributors are responsible for obtaining an approved central storage facility. A Fire Department permit is required for the central storage facility.
3. The central storage facility shall be located only in commercial or industrial zoned areas only.
The central storage facility shall not be located on residentially zoned properties.
4. Fireworks stored in the central storage facility shall be outside of a building. Fireworks shall not be stored within a building.
5. The City of Guadalupe shall not be responsible for any costs or liabilities associated with the central storage facility.
6. The central storage facility shall be enclosed by a fence not less than 6 feet (1.9 m) in height on all sides.
a. Vehicles, trailers, or storage containers shall be placed within the storage facility so that there is a minimum distance of 20 feet (6.1 m) from the perimeter fence. b. Vehicles, trailers, and storage containers shall be kept locked at all times except when fireworks are being loaded and unloaded.
c. The central storage facility shall be approved by the Chief of Police.
d. “No Smoking” signs shall be posted on the perimeter fence and at the entrance to the central storage facility. Signs on the perimeter fencing shall be placed every 30 feet (9.1 m).
7. Fireworks shall be transported directly from the central storage facility to the fireworks stands with no stops in between. Transportation shall be by wholesalers or permittees only.
8. The Fire Chief may impose additional conditions as deemed appropriate. 5614.2.8 Violations. Violations of any provision of this chapter shall be a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed $1,000.00, or by imprisonment in the County jail for a period not exceeding 180 calendar days, or both such fine and imprisonment. An administrative citation may also be issued as set forth in Chapters 1.10 and 1.11 of the Guadalupe Municipal Code. The fine for an administrative citation shall not exceed $1,000.00 per violation, per day.
CHAPTER 57 FLAMMABLE AND COMBUSTIBLE LIQUIDS
5701 GENERAL
5701.6 Locations Where Above-ground Tanks Are Prohibited. Storage of Class I, II, IIIA, or IIIB liquids in above-ground tanks outside of buildings is not permitted in all areas of the City, except those zoning districts where the use is permitted, subject to approval of a conditional use permit and a valid conditional use permit is in effect.
5701.7 Identification Placard for Above-ground Tanks. All above-ground tanks containing Class I, II, IIIA, or IIIB liquids shall have an identification placard permanently affixed to it. The identification placard shall have the following information:
a. Tank owner’s name.
b. Physical address of the tank installation.
c. Product contained in tank.
d. Tank capacity.
CHAPTER 58 FLAMMABLE GASES AND FLAMMABLE CRYOGENIC FLUIDS 5801 GENERAL
5801.3 Conditional Use Permit. The storage, use, and dispensing of flammable gases in above-ground containers exceeding 450 gallons is not permitted in all areas of the City, except those zoning districts where the use is permitted, subject to approval of a conditional use permit and a valid conditional use permit is in effect.
5801.4 Identification Placard for Above-ground Tanks. All above-ground tanks containing flammable gases shall have an identification placard permanently affixed to it. The identification placard shall have the following information:
a. Tank owner’s name.
b. Physical address of the tank installation.
c. Product contained in tank.
d. Tank capacity.
CHAPTER 61 LIQUEFIED PETROLEUM GASES
6101 GENERAL
6101.3 Construction Documents. Where a single LP-gas container is more than 450 gallons (1,704 L) in water capacity or the aggregate water capacity of LP-gas containers is more than 1,000 gallons (3,786 L), the installer shall submit construction documents for such installation. 6104 LOCATION OF LP-GAS CONTAINERS
6104.5 Conditional Use Permit. The storage, use, and dispensing of liquefied petroleum gas in aboveground containers exceeding 450 gallons (1,704 L) is not permitted in all areas of the City, except those zoning districts where the use is permitted, subject to approval of a conditional use permit and a valid conditional use permit is in effect.
6104.5.1 Identification Placard for Above-ground Tanks. All above-ground tanks containing more than 450 gallons (1,704 L) of liquefied petroleum gas shall have an identification placard permanently affixed to it. The identification placard shall have the following information:
a. Tank owner’s name.
b. Physical address of the tank installation.
c. Product contained in tank.
d. Tank capacity.
15.08.030 California Fire Code Appendices adopted.
The following Appendices of the California Fire Code, 2025 edition, as published by the State of California, and subsequent editions as adopted by the State of California, are adopted by reference, subject to the additions, deletions, and amendments set forth in this chapter.
Appendix ‘A’ “Board of Appeals” is adopted in its entirety with the following additions and amendments:
SECTION A 101 GENERAL
A101.1 Scope. A Board of Appeals shall be established within the jurisdiction for the purpose of hearing applications for modification of the requirements of the California Fire Code as adopted and amended by the City of Guadalupe pursuant to the provisions of Section 108 of the California Fire Code.
The Board shall be established and operated in accordance with this section, and shall be authorized to hear evidence from appellants and the Fire Code Official pertaining to the application and intent of this code for the purpose of issuing orders pursuant to these provisions.
A101.3 Membership of Board. The membership of the board shall consist of 3 voting members having the qualifications established by this section. Members shall be nominated by the Fire Chief, subject to confirmation by a majority vote of the City Council.
A101.3.1 Appeals Board Members. The Board of Appeals may be comprised of any combination of the following but must have at least one general industry or businessperson as described in subsection A101.3.1.5 of this section.
A101.3.1.1 Design Professional. Practicing design professional registered in the practice of engineering or architecture in the State of California.
A101.3.1.2 Fire Protection Engineering Professional. Qualified engineer, technologist, technician or safety professional trained in fire protection engineering, fire science or fire technology. Qualified representatives in this category shall include fire protection contractors and certified technicians engaged in fire protection system design.
A101.3.1.3 Industrial Safety Professional. Registered industrial or chemical engineer, certified hygienist, certified safety professional, certified hazardous materials manager or comparably qualified specialist experienced in chemical process safety or industrial safety.
A101.3.1.4 General Contractor. Contractor regularly engaged in the construction, alteration, maintenance, repair, or remodeling of buildings or building services and systems regulated by the code.
A101.3.1.5 General Industry or Business Representative. Representative of business or industry not represented by a member from one of the other categories of Board members described above.
A101.3.1.6 Terms of Office. Members are volunteers and shall serve without remuneration or compensation and shall serve at the pleasure of the City Council.
Appendix B, Fire-Flow Requirements for Buildings, is adopted in its entirety.
Appendix C, Fire Hydrant Number and Distribution, is adopted in its entirety, except Table. C102.1 is replaced with the following table:
TABLE C102.1
NUMBER AND DISTRIBUTION OF FIRE HYDRANTS
FIRE-FLOW
REQUIREMENT (GPM)
MINIMUM NUMBER OF
HYDRANTS
HYDRANT SPACINGa, b
(feet)
MAXIMUM DISTANCE
FROM ANY POINT ON
STREET OR ROAD
FRONTAGE TO A
HYDRANT
1,750 or less 1 400 200
2,000 to 2,250 2 400 200
2,500 3 400 200
3,000 3 400 200
3,500 to 4,000 4 350 200
4,500 to 5,000 5 300 150
5,500 6 300 150
6,000 6 250 150
6,500 to 7,000 7 250 150
7,500 or more 8 or morec 200 125 120
a. Where streets are provided with median dividers which can be crossed by firefighters pulling hose lines, or where arterial streets are provided with 4 or more traffic lanes and have a traffic count of 30,000 vehicles per day, hydrant spacing shall average 350 feet on each side of the street and be arranged on an alternating basis up to a fire-flow requirement of 7,000 gallons per minute and 300 feet for higher flow requirements.
b. Where new water mains are extended along streets where hydrants are not needed for protection of structures or similar fire problems, fire hydrants shall be provided at a spacing not to exceed 600 feet for transportation hazards.
c. One hydrant for each 1,000 gallons per minute or fraction thereof. Flow requirements will be rounded up to the next highest 1,000 gallon per minute increment.
Appendix ‘D’ “Fire Apparatus Access Roads” is adopted in its entirety. With the following additions.
D103.6.3 Fire Lane Sign Requirements. No Parking/Fire Lane signs must follow these guidelines:
a. The CVC Code 22500.1 (CVC 22500.1) must be imprinted on the bottom of the sign. b. All lettering shall be red on a white reflective background no smaller than 2 inches in height. c. The sign shall be no smaller than 12 inches wide by 18 inches high. d. The sign shall be securely mounted facing the direction of travel and clearly visible to oncoming traffic entering the designated area. Signs shall be of durable material. e. Signs shall be installed at all driveway entrances and at intervals of not less than 100 feet along all designated fire lanes.
D103.6.4 Fire Lane Curb Painting Requirements. Where a curb exists adjacent to a fire lane, the top and face of the curb shall be painted with red traffic paint. Where the curb is discontinued, a red stripe and stencil as described below shall be painted to define the fire lane. Red curbs, red stripes, and white stencils must be maintained in good condition and follow these guidelines:
a. The face of the curb shall be stenciled with the words: NO PARKING FIRE LANE in white block letters a minimum 4 inches in height.
b. The stencil must be painted on the FACE of the curb. Exception: Under circumstances where the curb height is less than 4 inches, the stencil may appear on the top of the curb. c. The stencil must appear every 50 feet or less, depending on the configuration of the fire lane. (Where a small island cannot contain both phrases, FIRE LANE must appear; NO PARKING may be omitted.
d. Where no curb exists adjacent to the fire lane, the edge of the fire lane shall be marked with an 8-inch-wide red stripe. In addition, a diagonal 8-inch-wide red stripe may be required between the edges of the fire lane, with the diagonal stripe connecting the stripes or curbs at the edges of the fire lane. Spacing of the diagonal stripe is every 50 feet. e. The stripe shall be stenciled with the words NO PARKING FIRE LANE in white block letters, minimum 4 inches in height.
f. The stencil must appear every 50 feet or less, depending on the configuration of the fire lane. If the fire lane is less than 50 feet, the stencil must appear at the beginning and end of the fire lane.
Appendix ‘E’ “Hazard Categories” is adopted in its entirety.
Appendix ‘F’ “Hazard Ranking” is adopted in its entirety.
Appendix ‘G’ “Cryogenic Fluids – Weight and Volume Equivalents” is adopted in its entirety.
Appendix ‘I’ “Fire Protection Systems – Noncompliant Conditions” is adopted in its entirety.
Appendix ‘K’ “Construction Requirements for Existing Ambulatory Care Facilities” is adopted in its entirety.
Appendix ‘N’ “Indoor Trade Shows and Exhibitions” is adopted in its entirety.
Section 4. Publication and Effective Date. Within fifteen (15) days after passage, the City Clerk shall cause this ordinance to be posted in three publicly accessible locations in the City. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on January 1, 2026.
Section 5. Savings and Interpretation Clause. This ordinance shall not be interpreted in any manner to conflict with controlling provisions of state law, including, without limitation, the Government Code of the State of California. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. If this ordinance, or any section, subsection or clause of this ordinance shall be
deemed unconstitutional or invalid as applied to a particular appeal, the validity of this ordinance and its sections, subsections and clauses in regards to other contracts, shall not be affected.
Section 6. The City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the City Clerk shall consult with the City Administrator and City Attorney concerning any changes deemed necessary.
INTRODUCED at a regular meeting of the City Council on the 9th day of June 2026 by the following roll call vote:
MOTION:
AYES:
NOES:
ABSENT:
ABSTAINED:
PASSED AND ADOPTED at a regular meeting of the City Council on the 23rd day of June 2026 by the following vote:
MOTION:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
__________________________________ ________________________________ Judy Wilson, City Clerk Ariston Julian, Mayor
APPROVED AS IS TO FORM:
_________________________________
Philip F. Sinco, City Attorney
2025 California Fire Code Amendments
City of Guadalupe
Summary of Changes
Page Description
3 Section 104 Title name change to “Duties and Powers of the Fire Code Official” 3 Section 108 Inspections was moved to Section 109, and amendment section 108.1 moved to 109.1. 3 Section 111 Board of Appeals name changed to “Means of Appeals” and section moved to 112. 3-4 Section 111 amendments 111.1, 111.1.1, and 111.1.2 moved to 112.1, 112.1.1, and 112.1.2. 4 Section 112 Violations moved to Section 113, and amendments 112.2 and 112.4 moved to 113.2 and 113.4.
4 Section 113 Stop Work Order moved to Section 114. Amendment 113.4 moved to 114.4, and penalty section changed from 112.4 to 113.4.
4 Section 304.1.2 Vegetation moved to sections 304.1.3. 10 Section 605.5 Portable Unvented Heaters moved to 605.5.3, and Exception under 605.5.3 is deleted from local amendment.
11 Section 903.2.2.1 amendments moved to section 903.2.2, and deletion of reference to section 903.2.2.
11 Section 903.2.2 moved to Section 903.2.2.1 and was renamed to “Ambulatory Care Facilities.” 11 Section 903.2.9 renamed to “Group S-1”
12 Section 904.13.6 moved to 904.14.6
12 Section 905 amendment 905.13 deleted (Language changes in new code match City code. City Amendment no longer required. City amendment language deleted) 12 Section 906 amendment 906.3.5 deleted (Language changes in new code match City code. City Amendment no longer required. City amendment language deleted) 13 Section 912.5 Amendment deleted (Language changes in new code match City code. City Amendment no longer required. City amendment language deleted) 13 Section 912.5.1 moved to Section 912.5.5.
16 Section 3304 moved to section 3305, and Section title changed from Temporary Heating Equipment to “Ignition Source Control”
16 Section 3304.1.1 moved to 3305.1.1
16 Section 3305 moved to section 3306, and Section title changed from Precautions against fire to “Fire Protection Systems and Devices”
16 Section 3305.5 moved to 3306.7.
17 Section 3312.3 Amendments deleted (Language changes in new code match City code. City Amendment no longer required. City amendment language deleted) 17 Section 3313.1.1 Amendments deleted (Language changes in new code match City code. City Amendment no longer required. City amendment language deleted) 17 Section 3316.1 Amendments deleted (Language changes in new code match City code. City Amendment no longer required. City amendment language deleted) 17 Section 5605.1.2 amendment moved to Section 5605.1.1 21 Chapter 58 name changed from Flammable Gases to “Flammable Gases and Flammable Cryogenic Fluids”
24 Change to Table C102.1 Distance to hydrant for fire flow requirements of 7500 or more from 125 Feet to 120 feet
ATTACHMENT 2
Agenda Item No. 11
REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of June 9, 2026
____________________________ ___________________________ Prepared by: Approved by:
Philip F. Sinco, City Attorney David Trujillo, City Administrator SUBJECT: Introduction of Ordinance No. 2026-528 Adding Chapter 3.34 to Title 3 of the Guadalupe Municipal Code Establishing a Cannabis Business Tax
RECOMMENDATION:
That the City Council introduce on the first reading, and continue to the next meeting for second reading and adoption, an ordinance that would establish a cannabis business tax subject to the approval of the voters.
BACKGROUND:
Slightly more than five years ago, at a special City Council meeting held on May 18, 2021, staff presented a cannabis business ordinance for the Council’s consideration and approval. This proposed ordinance repealed the City’s prohibitions against all cannabis uses in the City that were in effect at that time and added Chapter 9.22 to the Guadalupe Municipal Code known as “Commercial Cannabis Businesses.” The City was assisted in this effort by Hinderliter, de Llamas & Associates Companies (HdL), a leading company in assisting cities and counties in creating and managing cannabis tax and regulatory permit programs.
This ordinance did not propose imposing a local tax on commercial cannabis businesses, and instead, required submission of applications from commercial cannabis businesses from which the City Council would select “qualified candidates” to award a commercial cannabis business (CCB) permit, and established a regulatory permit process and operating standards. One of the requirements of this ordinance was that any commercial cannabis business must enter into a community benefit agreement (CBA) with the City, which, among other things, required the payment of a “public benefit fee” to the City consisting of a percentage of gross receipts. The specific percentage to be paid was left up to the individual applicants as well as the other “community benefits” also needed to be offered and provided.
The Council voted to introduce this ordinance, and adopted it at a regular Council meeting on May 25, 2021.
Thereafter, the City Council approved the final version of the City’s Cannabis Business Permit Applications Procedure and Guidelines (“Guidelines”) at its meeting on September 14, 2021, and also, on that same date, approved the application period for submission of retail and non-retail cannabis business permit applications to begin on October 1, 2021, and end on November 15, 2021. The Philip F. Sinco
Guidelines were intended to clarify and explain the specific procedures necessary for commercial cannabis businesses to submit their applications.
The City received five (5) applications for retail commercial cannabis businesses (and one application for a cultivation-processing, non-retail, commercial cannabis business). In accordance with the City’s Guidelines, the applicants were interviewed and evaluated by the City Council at a special City Council meeting held on March 15, 2022, at which the Council approved the lone cultivation-processing applicant to proceed in the process, but continued its deliberations concerning the five (5) retail applicants to its meeting of April 12, 2022. At that meeting, the City Council first decided to only award two (2) commercial cannabis business permits for retail cannabis businesses. Next, the Council selected one of the five (5) applicants to move forward with the process: SloCal Roots Management LLC dba Root One (“Root One”). The Council did not have a majority to approve a second permit applicant; but was able to narrow down the selection to two of them. At its meeting on April 26, 2022, the Council selected one of these two; however, this second applicant ultimately failed to comply with the procedures necessary to obtain a CCB and never commenced business operations.
As required by Chapter 9.22 of the Guadalupe Municipal Code (GMC), Root One applied for a Conditional Use Permit (CUP) for its proposed retail cannabis dispensary at 928 Guadalupe Street. The City Council considered this CUP application and approved it at the City Council meeting held on September 12, 2023.
At this same meeting, the City Council also approved a CBA between the City and Root One, which was also a requirement of GMC Chapter 9.22 for issuance of a CCB permit. One of the provision in the CBA was that Root One would pay the City 6% of its gross receipts as its public benefit fee. Thereafter, the City issued a CCB permit to Root One on December 4, 2023, and Root One subsequently applied for and obtained a building permit for its retail dispensary which opened for business in or about September 2024.
On June 1, 2025, Austen Connella, on behalf of Root One, sent an email to former City Administrator, Todd Bodem to request a temporary reduction from the 6% of gross sales required by the CBA to 2% for one year, and increasing to 4% thereafter, until a formal cannabis business tax was enacted. Root One supported a cannabis business tax as a “more sustainable, transparent, and standardized method of generating revenue, consistent with what most other cities across the state have implemented.” Mr.
Connella further explained his view that the 6% fee, combined with state taxes and regulatory costs, had made it increasingly difficult to reach profitability.
In order to perform its “due diligence” concerning this request, former City Administrator, Todd Bodem, contacted HdL for assistance in reviewing Root One’s request because he believed that City staff did not have the expertise or knowledge necessary to evaluate it. He further believed that HdL could provide an objective and independent review for the City Council. HdL was retained In October 2023 to conduct a retail market analysis and a financial records review of Root One’s business records (which Root One agreed to). This work was completed in February 2026, and HdL’s reports and conclusions, along with staff’s recommendations, were present to the City Council on March 24, 2026. At this meeting, Austen Connella of Root One advocated for a cannabis business tax and expressed support for a tax in the same
amount as the 6% public benefit fee it was already paying. He explained that, while the amount was the same the 6% public benefit fee affected its ability to compete effectively in the market. 1 After hearing from Mr. Connella, and staff, the City Council agreed to immediately reduce the public benefit fee Root One was required to pay from 6% to 4% until such time as a cannabis business tax measure was approved by the voters, and accordingly, also directed staff to take action to place a cannabis business tax measure on the November ballot.
DISCUSSION:
Once again, the City requested the assistance of HdL to assist staff and retained it to assist with the drafting of a commercial cannabis tax ordinance. After some revisions by staff, a final proposed commercial cannabis tax ordinance was created, and is being presented to the City Council for its consideration. (Attachment 1).
The proposed ordinance:
• Imposes a cannabis business tax beginning on January 1, 2027, on the gross receipts of all retail cannabis businesses in an amount to be determined by the City Council by resolution or by ordinance up to a maximum rate of 8%.
• Imposes a cannabis business tax beginning on January 1, 2027, on the gross receipts of all wholesale (i.e., all non-retail) cannabis businesses in an amount to be determined by the City Council by resolution or by ordinance up to a maximum rate of 4%. • Allows, but does not require, the City Council to adopt different tax rates for sales of medicinal and for adult (recreational) use of cannabis.
• Does not tax personal cultivation or personal use of cannabis. • Allows the City Council to set the tax on retail and/or wholesale cannabis businesses below the maximum allowed rate if it wishes to do so (yet allows it to increase it in the future without the necessity of obtaining voter approval for a “tax increase” up to the maximum rater). • Requires all cannabis businesses to register on an annual basis and pay a registration fee (to be established by a resolution of the Council) in addition to the annual requirement to obtain a City business license. Both of these fees are in addition to the cannabis business tax. • Provides for penalties and interests on cannabis business taxes that are not paid when due (although the Finance Director may waive these penalties, but not the interest under limited circumstances).
1 In an email to City staff sent several months before the Council meeting, he explained that because the public benefit fee a contractual obligation, it cannot be passed through to customers at the point of sale like a tax, which increases its real cost to the business.
• Provides for refunds for overpaid cannabis business tax payments. • Authorizesthe City’s Finance Director to direct all administrative activities related to the cannabis business tax, including collection, imposition of penalties, and conducting of audits. • Provides that most decisions of the Finance Director (except for several that are subject to the Finance Director’s “sole discretion) may be appealed to the City Administrator or designee for an administrative hearing at which the City Administrator’s decision would be final. • Provides that the cannabis business tax does not repeal, amend, replace or in any way affect any requirements for any commercial cannabis permit, City license, permit, or other certificate required by any other provision in the Guadalupe Municipal Code. (Even so, several of these provisions may need to be repealed or amended, and staff intends to review them and be prepared to bring an ordinance to the City Council if the voters approve the tax increase).
Presently, the cultivation-processing cannabis business operating in the City (Central Coast Processing) entered into a CBA with the City that required it to pay a 2% public benefit fee. The City agreed to accept this lower rate (compared to the 6% Root One agreed to pay) because of differences in this type of business compared to a retail business. The proposed ordinance allows the City Council to establish different tax rates for different types of commercial cannabis businesses, although it limited this to “retail” businesses and “wholesale” (i.e., all non-retail) businesses.
One of the provisions in both of the CBAs entered into by Root One and Central Coast Processing is that the public benefit fees they agreed to pay would cease if the voters adopted a cannabis business tax.
The remaining terms of their agreements would not change.
FISCAL IMPACT
The proposed ordinance, if approved by the votes, is expected not to have any negative fiscal impact.
ATTACHMENTS:
1. Ordinance No. 2026-528 entitled “An Ordinance of the City of Guadalupe California Adding Chapter 3.34 (Cannabis Business Tax) to Title 3 of the Guadalupe Municipal Code Establishing a Tax on Cannabis Business Activity within the City.” Cannabis Business Tax Ordinance
ORDINANCE NO. 2026-528
AN ORDINANCE OF THE CITY OF GUADALUPE, CALIFORNIA
ADDING CHAPTER 3.34 (CANNABIS BUSINESS TAX) TO TITLE 3 OF
THE GUADALUPE MUNICIPAL CODE ESTABLISHING A TAX ON
CANNABIS BUSINESS ACTIVITIES WITHIN THE CITY
THE PEOPLE OF THE CITY OF GUADALUPE DO ORDAIN AS FOLLOWS:
SECTION 1. CODE AMENDMENT. Chapter 3.34 is added to Title 3 of the Guadalupe Municipal Code to read as follows:
CHAPTER 3.34
3.34.010 Title.
3.34.020 Authority and purpose.
3.34.030 Intent.
3.34.040 Definitions.
3.34.050 Tax imposed.
3.34.060 Registration, reporting, and remittance of tax.
3.34.070 Payments and communications – timely remittance.
3.34.080 Payment – when taxes deemed delinquent.
3.34.090 Notice not required by City.
3.34.100 Penalties and interest.
3.34.110 Refunds and credits.
3.34.120 Refund procedures.
3.34.130 Personal cultivation not taxed.
3.34.140 Administration of the tax.
3.34.150 Appeal procedures.
3.34.160 Enforcement – action to collect.
3.34.170 Apportionment.
3.34.180 Constitutionality and legality.
3.34.190 Audit and examination of premises and records.
3.34.200 Other licenses, permits, taxes or charges.
3.34.210 Payment of tax does not authorize unlawful business.
3.34.220 Deficiency determinations.
3.34.230 Failure to report – nonpayment, fraud.
3.34.240 Tax assessment – notice requirements.
3.34.250 Tax assessment – hearing, application, and determination.
3.34.260 Relief from taxes – disaster relief.
3.34.270 Conviction for violation – taxes not waived.
3.34.280 Violation deemed misdemeanor.
3.34.290 Severability.
3.34.300 Remedies cumulative.
3.34.310 Amendment or modification.
ATTACHMENT 1
Cannabis Business Tax Ordinance
3.34.010 Title.
This ordinance shall be known as the Cannabis Business Tax Ordinance (“Ordinance”).
This Ordinance shall be applicable in the City of Guadalupe, California which shall be referred to herein as “City.”
3.34.020 Authority and Purpose.
The purpose of this Ordinance is to adopt a tax, for revenue purposes, pursuant to Sections 37101 and 37100.5 of the California Government Code, upon cannabis businesses that engage in business in the City which shall be referred to herein as the “cannabis business tax.” The cannabis business tax is levied based upon business gross receipts. It is not a sales and use tax, a tax upon income, or a tax upon real property and shall not be calculated or assessed as such. The cannabis business tax is a general tax enacted solely for general, governmental purposes of the City and not for specific purposes. All of the proceeds from the tax imposed by this chapter shall be placed in the City's general fund and be available for any lawful City purpose.
3.34.030 Intent.
The intent of this Ordinance is to levy a tax on all cannabis businesses that operate in the City, regardless of whether such business would have been legal at the time this chapter was adopted. Nothing in this chapter shall be interpreted to authorize or permit any business activity that would not otherwise be legal or permissible under laws applicable to the activity at the time the activity is undertaken.
3.34.040 Definitions.
The following words and phrases shall have the meanings set forth below when used in this chapter:
A. “Arm's length transaction" means a sale entered into in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither under any compulsion to participate in the transaction.
B. “Business” shall include all activities engaged in or caused to be engaged in within the City, including any commercial or industrial enterprise, trade, profession, occupation, vocation, calling, or livelihood, whether or not carried on for gain or profit, but shall not include the services rendered by an employee to his or her employer.
C. “Calendar year” means January 1 through December 31, of the same year.
D. “Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, Cannabis Business Tax Ordinance
derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” shall not include industrial hemp, unless otherwise specified or unless it meets the definition of a Cannabis Product under 3.12.040(F)
E. “Cannabis business” means any business activity involving cannabis, including but not limited to cultivating, transporting, distributing, manufacturing, compounding, converting, processing, preparing, storing, packaging, delivering, testing, dispensing, retailing and wholesaling of cannabis, cannabis products or of ancillary products and accessories, whether or not carried on for gain or profit.
F. “Cannabis business tax” means the tax due pursuant to this chapter for engaging in a cannabis business in the City.
G. “Cannabis product” means a product containing cannabis or cannabis concentrate and includes, but is not limited to, edible, topical, and inhaled products, and any product intended for human or animal consumption that contains or purports to contain any variant or derivative of tetrahydrocannabinol, regardless of the nature or source of the cannabinoids. “Cannabis product” also means cannabis products as defined by Section 11018.1 of the California Health and Safety Code and is not limited to medicinal cannabis products.
H. “Canopy” means all areas occupied by any portion of a cannabis plant whether contiguous or noncontiguous on any one site. When plants occupy multiple horizontal planes (as when plants are placed on shelving above other plants) each plane shall be counted as a separate canopy area.
I. “Commercial cannabis cultivation” means cultivation of cannabis undertaken in the course of conducting a cannabis business.
J. “Commercial cannabis permit” means a permit, license, certificate, or other approval issued by the City to a person to authorize that person to operate a cannabis business or engage in business as a cannabis business within the City.
K. “Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis and includes, but is not limited to, the operation of a nursery.
L. “Employee” means each and every person engaged in the operation or conduct of any business, whether as owner, member of the owner's family, partner, associate, agent, manager or solicitor, and each and every other person employed or working in such business for a wage, salary, commission, barter or any other form of compensation.
M. “Engaged in business as a cannabis business” means the commencing, conducting, operating, managing or carrying on of a cannabis business, whether done as owner, or by means of an officer, agent, manager, employee, or otherwise, whether operating from a fixed location Cannabis Business Tax Ordinance
in the City or coming into the City from an outside location to engage in such activities. A person shall be deemed engaged in business within the City if:
1. Such person or person’s employee maintains a fixed place of business within the City for the benefit or partial benefit of such person;
2. Such person or person’s employee owns or leases real property within the City for business purposes;
3. Such person or person’s employee regularly maintains a stock of tangible personal property in the City for sale in the ordinary course of business;
4. Such person or person’s employee regularly conducts solicitation of business within the City;
5. Such person or person’s employee regularly conducts sales by delivery to addresses within the City; or
6. Such person or person’s employee performs work or renders services in the City.
The foregoing specified activities shall not be a limitation on the meaning of “engaged in business.”
N. “Evidence of doing business” means evidence such as, without limitation, use of signs, circulars, cards or any other advertising media, including the use of internet or telephone solicitation, or representation to a government agency or to the public that such person is engaged in a cannabis business in the City.
O. “Finance Director” means the Finance Director of the City of Guadalupe or his or her designee.
P. “Gross Receipts,” except as otherwise specifically provided, means, whether designated as a sales price, royalty, rent, membership fee, ATM service fee, delivery fee, slotting fee, any other fee, vaping room service charge, commission, dividend, or other designation, the total amount (including all receipts, cash, credits, services and property of any kind or nature) received or payable for sales of goods, wares or merchandise, or for the performance of any act or service of any nature for which a charge is made or credit allowed (whether such service, act or employment is done as part of or in connection with the sale of goods, wares, merchandise or not), without any deduction therefrom on account of the cost of the property sold, the cost of materials used, labor or service costs, interest paid or payable, losses or any other expense whatsoever. In the event the business is involved in a “non-arm’s length transaction” the gross receipts will be subject to the fair market value using a methodology approved by the Finance Director. However, the following shall be excluded from Gross Receipts:
Cannabis Business Tax Ordinance
1. Cash discounts where allowed and taken on sales;
2. Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser;
3. Such part of the sale price of any property returned by purchasers to the seller as refunded by the seller by way of cash or credit allowances or return of refundable deposits previously included in gross receipts;
4. Receipts derived from the occasional sale of used, obsolete or surplus trade fixtures, machinery or other equipment used by the taxpayer in the regular course of the taxpayer's business;
5. Cash value of sales, trades or transactions between departments or units of the same business located in the City of Guadalupe and if authorized by the Finance Director in writing in accordance with Section 3.34.140 (B);
6. Whenever there are included within the gross receipts amounts which reflect sales for which credit is extended and such amount proved uncollectible in a subsequent year, those amounts may be excluded from the gross receipts in the year they prove to be uncollectible; provided, however, if the whole or portion of such amounts excluded as uncollectible are subsequently collected they shall be included in the amount of gross receipts for the period when they are recovered;
7. Receipts of refundable deposits, except that such deposits when forfeited and taken into income of the business shall not be excluded;
8. Payments made by the tax-reporting cannabis business (Seller) to a cannabis business (Buyer) for the difference in the original acquisition price and subsequent renegotiated or finalized selling price of products or services sold to a specific end customer. This type of transaction is referred to as a “billback”. The tax-reporting cannabis business must provide supporting documentation to substantiate the transaction in order to be eligible for an exemption.
Q. “Lighting” means a source of light that is primarily used for promoting the biological process of plant growth. Lighting does not include sources of light that primarily exist for the safety or convenience of staff or visitors to the facility, such as emergency lighting, walkway lighting, or light admitted via small skylights, windows or ventilation openings.
R. “Medicinal cannabis” or “medicinal cannabis product” means cannabis or a cannabis product sold, or intended to be sold,for use pursuantto the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code, for a medicinal cannabis patient in California who possesses a physician’s recommendation and/or a cannabis card issued pursuant to Health and Safety Code Section 11362.71.
Cannabis Business Tax Ordinance
S. "Non-arm's length transaction" means a transaction that does not meet the definition of an "arm's length transaction." In other words, the transaction is not a sale that reflects fair market value in the open market. One example of a non-arm's length transaction would be when a cultivator sells cannabis goods to a cannabis distributor at a sales price that is lower than what the same cultivator would charge to other cannabis distributors, or which does not reflect the fair market value in the open market.
T. “Nursery” means a facility or part of a facility that is used only for producing clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of cannabis.
U. “Person” means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, whether organized as a nonprofit or for-profit entity, and includes the plural as well as the singular number.
V. “Processing” means a cultivation site that conducts only trimming, drying, curing, grading, packaging, or labeling of cannabis and non-manufactured cannabis products.
W. “Retailer” means a person or business as defined in Section 3.34.040 (V) who sells cannabis or cannabis products at their place of business or by delivery to an end user or customer for use or consumption rather than to another person or business for resale.
X. “Sale”, “sell” and “to sell” means and includes any sale, exchange, or barter either as a retailer or wholesaler by a person or business as defined by Section 3.34.040 (V). It shall also mean any transactionwhereby, for any consideration, title to cannabis or cannabis products are transferred from one person to another and includes thedeliveryofcannabis orcannabisproducts pursuant to an order placed for the purchase of the same, but does not include the return of cannabis or cannabis products to the licensee from whom the cannabis or cannabis product was purchased.
Y. “State” means the State of California.
Z. “State license,” “license,” or “registration” means a state license issued pursuant to California Business & Professions Code Section 26050, and all other applicable state laws, required for operating a cannabis business.
AA. “Testing Laboratory” means a cannabis business that (i) offers or performs tests of cannabis or cannabis products, (ii) offers no service other than such tests, (iii) sells no products, excepting only testing supplies and materials, (iv) is accredited by an accrediting body that is independent from all other persons involved in the cannabis industry in the state and (v) is registered with the Department of Cannabis Control or other state agency.
3.34.050 Tax Imposed.
Cannabis Business Tax Ordinance
A. Beginning January 1, 2027, there is imposed upon each person who is engaged in business as a cannabis business a cannabis business tax. Such tax is payable regardless of whether the person has been issued a commercial cannabis business license, permit, or other certificate to operate lawfully in the City or is operating unlawfully. The City’s acceptance of a cannabis business tax payment from a cannabis business operating illegally shall not constitute the City’s approval or consent to such illegal operations.
B. The City Council may, by resolution or ordinance, increase or decrease the rate of the cannabis business tax, including the initial rate of cannabis business tax.
Notwithstanding the foregoing, in no event shall the City Council repeal this tax or set any adjusted rate that exceeds the maximum rates calculated pursuant to this chapter.
C. The maximum rate of the cannabis business tax shall be calculated as follows:
1. For every person engaged in retail sales of cannabis or cannabis products, including as a retailer (dispensary) or non-storefront retailer (retail delivery business), or microbusiness, the person shall be subject to the maximum tax rate not to exceed ten percent (8%) of gross receipts.
a. The City Council may, at its discretion, establish separate tax rates for retail sales of medicinal and adult use cannabis, so long as neither rate exceeds the maximum rate for cannabis retail sales as established in Section 3.34.050 (C)(1), above.
2. For every person engaged in any wholesale cannabis business activity including but not limited to cannabis cultivation, manufacturing, distribution, or any other wholesale activity not specifically listed herein, the person shall be subject to the maximum tax rate not to exceed ten percent (4%) of gross receipts.
3. For every person engaged in the operation of a testing laboratory for cannabis or cannabis products, the person shall be subject to the maximum tax rate not to exceed ten percent (4%) of gross receipts.
D. Persons subject to the cannabis business tax shall register with the City and pay the registration fee pursuant to Section 3.34.060 in addition to paying a business license fee (business tax certificate) pursuant to Section 5.04.110.
3.34.060 Registration, reporting and remittance of tax.
A. Registration of Cannabis Business. All cannabis businesses shall be required to annually register as follows:
Cannabis Business Tax Ordinance
1. All persons engaging in business as a cannabis business, whether an existing, newly established or acquired business,shall register with the Finance Director within thirty (30) days of commencing operation and shall annually renew such registration within 30 days of the business registration anniversary date of each year thereafter. In registering, such persons shall furnish to the Finance Director a sworn statement, upon a form provided by the Finance Director, setting forth the following information:
i. The name of the business;
ii. The names and addresses of each owner;
iii. The exact nature or kind of business;
iv. The place where such business is to be carried on; and v. Any additional information which the Finance Director may require.
2. All persons engaging in retail sales of cannabis or cannabis products by delivery from locations outside of the City to addresses within the City shall apply for and retain a business license (business tax certificate) prior to conducting any such sales. To obtain a business license all such businesses shall do all of the following:
i. Complete a Business Tax Certificate Application and Cannabis Delivery Business Registration Form;
ii. Provide a copy of a valid DCC license and a valid license from a local agency authorizing the business to conduct cannabis operations as a retailer; and
iii. Submit completed forms and license/permit processing fees as established by the Finance Director.
B. An annual registration fee in accordance with the current and approved City fee schedule shall be presented with the sworn statement submitted under this chapter. This fee shall not be considered a tax and may be adjusted by resolution of the City Council.
C. The cannabis business tax imposed by this chapter shall be paid, in arrears, on a monthly basis. Each person owing a cannabis business tax shall on or before the last day of the month following the close of each month file with the Finance Director a statement (“tax statement”) of the tax owed for that calendar month and the basis for calculating that tax. The Finance Director may require that the tax statement be submitted on a form prescribed by the Finance Director. The tax for each calendar month shall be due and payable on the same date that the tax statement is due.
Cannabis Business Tax Ordinance
D. Upon cessation of a cannabis business, tax statements and payments shall be immediately due for all calendar months up through the calendar month during which cessation occurred.
E. In the event that there is a change in ownership of any cannabis business:
a. The new owner is required to submit an updated registration form to the Finance Director;
b. The new owner is subject to an audit by the Finance Director; and c. Unless otherwise provided by law, it is the joint and several liability of both the seller and buyer to remit any taxes, interest, penalties, and fees due up until the date of sale; otherwise, enforcement action may be taken pursuant to Section 3.34.160 of this chapter against both the seller and/or buyer in an amount to be determined by the Finance Director.
F. The Finance Director may, at his or her discretion, establish alternative reporting and payment periods for any taxpayer as the Finance Director deems necessary to ensure effective collection of the cannabis business tax. The Finance Director may also require that a deposit, to be applied against the taxes for a calendar month, be made by a taxpayer at the beginning of that calendar month. In no event shall the deposit required by the Finance Director exceed the tax amount he or she projects will be owed by the taxpayer for the calendar month. The Finance Director may require that a taxpayer make payments via a cashier’s check, money order, wire transfer, or similar instrument.
3.34.070 Payments and communications – timely remittance.
Whenever any payment, statement, report, request or other communication is due, it must be received by the Finance Director on or before the final due date. A postmark will not be accepted as timely remittance. If the due date would fall on a Saturday, Sunday or a holiday observed by the City, the due date shall be the next regular business day on which the City is open to the public.
3.34.080 Payment - when taxes deemed delinquent.
Unless otherwise specifically provided under other provisions of this chapter, the taxes required to be paid pursuant to this chapter shall be deemed delinquent if not received by the Finance Director on or before the due date as specified in Sections 3.34.060 and 3.34.070.
3.34.090 Notice not required by the City.
The City may as a courtesy send a tax notice to the cannabis business which owes the City a cannabis business tax. However, the Finance Director is not required to send a delinquency or Cannabis Business Tax Ordinance
other notice or bill to any person subject to the provisions of this chapter. Failure to send such notice or bill shall not affect the validity of any tax or penalty due under the provisions of this chapter.
3.34.100 Penalties and interest.
A. Any person who fails or refuses to pay any cannabis business tax required to be paid pursuant to this chapter on or before the due date shall pay penalties and interest as follows:
1. A penalty equal to ten percent (10%) of the amount of the tax, in addition to the amount of the tax, plus interest on the unpaid tax calculated from the due date of the tax at the rate of one percent (1%) per month.
2. If the tax remains unpaid for a period exceeding one calendar month beyond the due date, an additional penalty equal to twenty-five percent (25%) of the amount of the tax, plus interest at the rate of one percent (1%) per month on the unpaid tax and on the unpaid penalties.
3. Interest shall be applied at the rate of one percent (1%) per month on the first day of the month for the full month and will continue to accrue monthly on the tax and penalty until the balance is paid in full.
B. Whenever a check or electronic payment is submitted in payment of a cannabis business tax and the payment is subsequently returned unpaid by the bank for any reason, the taxpayer will be liable for the tax amount due plus any fees, penalties and interest as provided for in this chapter, and any other amount allowed under state law.
C. The Finance Director may waive the penalties imposed upon any person under this Section 3.34.100 if:
1. The person requests a waiver of penalties by submitting a written request for waiver to the Finance Director no later than June 30 of the second fiscal year following the fiscal year in which the tax became delinquent; and
2. The person provides evidence satisfactory to the Finance Director that the failure to pay timely was due to circumstances beyond the control of the person and occurred notwithstanding the exercise of ordinary care and in the absence of willful neglect; and the person paid the delinquent taxes, penalties, accrued interest, and fees owed prior to applying to the Finance Director for a waiver.
D. The waiver provisions specified in Section 3.34.100 (C) shall not apply to interest accrued on the delinquent taxes and a waiver shall be granted only once during any twenty-four month period. The Finance Director’s decision on a request for a waiver of penalties is final and conclusive and not subject to appeal under Section 3.34.150.
Cannabis Business Tax Ordinance
3.34.110 Refunds and credits.
A. No refund shall be made of any tax collected pursuant to this chapter, except as provided in Section 3.34.120.
B. No refund of any tax collected pursuant to this chapter shall be made because of the discontinuation, dissolution, or other termination of a business.
3.34.120 Refund procedures.
A. Whenever the amount of any cannabis business tax, penalty or interest has been overpaid, paid more than once, or has been erroneously collected or received by the City under this chapter, it may be refunded to the claimant who paid the tax provided that a written claim for refund signed under the penalty of perjury is filed with the Finance Director within one (1) year of the date the tax was originally due or paid, whichever came first. A person may only file a claim for refund if the person paid the tax. No person shall be entitled to a refund unless the person can support the claim by written records sufficient to show entitlement thereto. The Finance Director's decision on a claim for refund is final and conclusive and not subject to appeal under Section 3.34.150.
B. The Finance Director, his or her designee which may include a third party or any other City officer charged with the administration of this chapter shall have the right to examine and audit all the books and business records of the claimant in order to determine the eligibility of the claimant to the claimed refund. No claim for refund shall be allowed if the claimant refuses to allow such examination of claimant's books and business records after request by the Finance Director to do so. The Finance Director may collect a fee adopted by resolution by the City Council to pay for the cost of examination and audit should the books and records be provided in a form insufficient to allow the Finance Director to make a determination on the claim for refund.
C. In the event that the cannabis business tax was erroneously paid in an amount in excess of the tax due, and the error is attributable to the City, the City shall refund the amount of tax erroneously paid; provided that (i) a claim for refund has been timely filed with the Finance Director; and (ii) the refund cannot exceed, under any circumstance, the amount of tax overpaid during the twelve months preceding the last month for which the claim states the tax was overpaid.
3.34.130 Personal Cultivation Not Taxed.
The provisions of this chapter shall not apply to personal cannabis cultivation or personal use of cannabis, to the extent those activities are authorized in the “Medicinal and Adult Use Cannabis Regulation and Safety Act,” as may be amended. This chapter shall not apply to personal use of cannabis that is specifically exempted from state licensing requirements, that meets the definition of personal use or equivalent terminology under state law, and provided that the individual receives no compensation whatsoever related to that personal cultivation or use.
Cannabis Business Tax Ordinance
3.34.140 Administration of the tax.
A. It shall be the duty of the Finance Director to collect the taxes, penalties, fees, and perform the duties required by this chapter.
B. For purposes of administration and enforcement of this chapter generally, the Finance Director may from time to time establish such administrative interpretations, rules, and procedures consistent with the purpose, intent, and express terms of this chapter as he or she deems necessary to implement or clarify such provisions or aid in enforcement.
C. The Finance Director may take such administrative actions as needed to administer the cannabis business tax, including but not limited to:
1. Provide to all cannabis business taxpayers forms for the reporting of the tax;
2. Provide information to any taxpayer concerning the provisions of this chapter;
3. Receive and record all taxes remitted to the City as provided in this chapter;
4. Maintain records of taxpayer reports and taxes collected pursuant to this chapter;
5. Assess penalties and interest to taxpayers pursuant to this chapter;
6. Determine amounts owed under and enforce collection pursuant to this chapter.
3.34.150 Appeal procedures.
A taxpayer aggrieved by a decision of the Finance Director with respect to the amount of tax, interest, penalties, and fees, if any, due under this chapter may appeal only if a hearing was requested and attended pursuant to Section 3.34.250. An appeal may be made by filing a notice of appeal with the City Clerk within thirty (30) calendar days of the serving or mailing of the Finance Director’s decision of the amount due. Upon receipt of a timely notice of appeal, the City Clerk shall fix a time and place for hearing such appeal with the City Administrator or his or her designee serving as the hearing officer. The City Clerk shall give at least ten (10) calendar days’ notice of the appeal hearing in writing to such taxpayer at the last known place of address. The hearing officer shall render a written decision that shall be served on the taxpayer at the last known place of address. The decision of the hearing officer shall be final and conclusive. Any amount found to be due by the hearing officer shall be immediately due and payable upon the service of the decision. If no notice of appeal is filed within the time prescribed in this Section, the Finance Director’s decision with respect to the amount of tax, interest, penalties, and fees due is final and conclusive.
3.34.160 Enforcement - action to collect.
Any taxes, interest, penalties, and/or fees required to be paid under the provisions of this chapter shall be deemed a debt owed to the City. Any person owing money to the City under the Cannabis Business Tax Ordinance
provisions of this chapter shall be liable in an action brought in the name of the City for the recovery of such debt. The provisions of this chapter shall not be deemed a limitation upon the right of the City to bring any other action including criminal, civil and equitable actions, based upon the failure to pay the tax, interest, penalties, and/or fees imposed by this chapter or the failure to comply with any of the provisions of this chapter.
3.34.170 Apportionment.
If a person subject to the tax is operating both within and outside the City, it is the intent of the City to apply the cannabis business tax so that the measure of the tax fairly reflects the proportion of the taxed activity actually carried on in the City. To the extent federal or state law requires that any tax due from any taxpayer be apportioned, the taxpayer may indicate said apportionment on his or her tax return. The Finance Director may promulgate administrative procedures for apportionment as he or she finds useful or necessary.
3.34.180 Constitutionality and legality.
This tax is intended to be applied in a manner consistent with the United States and California Constitutions and state law. None of the tax provided for by this chapter shall be applied in a manner that causes an undue burden upon interstate commerce, a violation of the equal protection or due process clauses of the Constitutions of the United States or the State of California or a violation of any other provision of the California Constitution or state law. If a person believes that the tax, as applied to him or her, is impermissible under applicable law, he or she may request that the Finance Director release him or her from the obligation to pay the impermissible portion of the tax.
3.34.190 Audit and examination of premises and records.
A. For the purpose of ascertaining the amount of cannabis business tax owed or verifying any representations made by any taxpayer to the City in support of his or her tax calculation, the Finance Director or his/her designees, which may include a third party, shall have the power to inspect any location where commercial cannabis activity occurs and to audit and examine all books and records (including, but not limited to bookkeeping records, access to METRC data, and/or point-of-sale data, state and/or federal income tax returns, excise tax returns, space utilized for cannabis related activities, and other records relating to the gross receipts of the business) of persons engaged in cannabis businesses. In conducting such investigation, the Finance Director, or his/her designees, which may include a third party, shall have the power to inspect any space utilized for cannabis business related activities, equipment or software, such as computers, software systems, platforms, and databases (including METRC), and/or point of sale systems, to include any keys or access codes for access to and use of the equipment and/or software, that may contain such records.
B. It shall be the duty of every person liable for the collection and payment to the City of any tax imposed by this chapter to keep and preserve, for a period of at least three (3) years, all records as may be necessary to determine the amount of such tax as he or she may Cannabis Business Tax Ordinance
have been liable for the collection of and payment to the City, which records the Finance Director or his/her designee, which may include a third party, shall have the right to inspect at all reasonable times.
3.34.200 Other licenses, permits, taxes, fees or charges.
A. Nothing contained in this chapter shall be deemed to repeal, amend, be in lieu of, replace or in any way affect any requirements for any commercial cannabis permit, City license, permit, or other certificate required by, under or by virtue of any provision of any other Chapter of this code or any other ordinance or resolution of the City, nor be deemed to repeal, amend, be in lieu of, replace or in any way affect any tax, fee or other charge imposed, assessed or required under any other Chapter of this code or any other ordinance or resolution of the City.
Any references made or contained in any other Chapter of this code to any licenses, permits, certificates, taxes, fees, or charges, or to any schedule of license, permit, certificate, or fees, shall be deemed to refer to the licenses, permits or certificates, and their respective taxes, fees or charges, or schedule of license fees, provided for in other Chapters of this code.
B. The Finance Director may revoke or refuse to renew the license required by this code for any business that is delinquent in the payment of any tax due pursuant to this chapter or that fails to make a deposit required by the Finance Director pursuant to Section 3.34.060.
C. A commercial cannabis permit issued under the Guadalupe Municipal Code may be revoked, suspended or not renewed in the event that the business holding that permit has failed to (i) make a deposit required by the Finance Director pursuant to Section 3.34.060 or (ii) timely pay all taxes, interest and penalties owed by that business under this chapter.
3.34.210 Payment of tax does not authorize unlawful business.
A. The payment of a cannabis business tax required by this chapter, and its acceptance by the City, shall not entitle any person to carry on any cannabis business unless the person has complied with all of the requirements of this code and all other applicable state laws.
B. No tax paid under the provisions of this chapter shall be construed as authorizing the conduct or continuance of any illegal or unlawful business, or any business in violation of any local or state law.
3.34.220 Deficiency determinations.
If the Finance Director is not satisfied that any statement filed as required under the provisions of this chapter is correct, or that the amount of tax is correctly computed, he or she may compute and determine the amount to be paid and make a deficiency determination upon the basis of the facts contained in the statement or upon the basis of any information in his or her possession or that may come into his or her possession within three (3) years of the date the tax was originally due and payable. One or more deficiency determinations of the amount of tax due for a period or periods may be made. When a person discontinues engaging in a cannabis Cannabis Business Tax Ordinance
business, a deficiency determination may be made at any time within three (3) years thereafter as to any liability arising from engaging in such cannabis business whether or not a deficiency determination is issued prior to the date the tax would otherwise be due. Whenever a deficiency determination is made, a notice shall be given to the person concerned in the same manner as notices of assessment are given under Section 3.34.240 and 3.34.250.
3.34.230 Failure to report—nonpayment, fraud.
A. Under any of the following circumstances, the Finance Director may make and give notice of an assessment of the amount of tax owed by a person under this chapter at any time:
1. If the person has not filed a complete statement required under the provisions of this chapter;
2. If the person has not paid the tax due under the provisions of this chapter;
3. If the person has not, after demand by the Finance Director, filed a corrected statement, or furnished to the Finance Director adequate substantiation of the information contained in a statement already filed, or paid any additional amount of tax due under the provisions of this chapter; or
4. If the Finance Director determines that the nonpayment of any cannabis business tax due under this chapter is due to fraud, a penalty of twenty-five percent (25%) of the amount of the tax shall be added thereto in addition to penalties and interest otherwise payable under this chapter and any other penalties allowed by law.
B. The notice of assessment shall separately set forth the amount of any tax known by the Finance Director to be due or estimated by the Finance Director, after consideration of all information within the Finance Director's knowledge concerning the business and activities of the person assessed, to be due under each applicable provision of this chapter and shall include the amount of any penalties or interest accrued on each amount to the date of the notice of assessment. The notice shall state that the person has thirty (30) calendar days from the date of the notice to make a written request for an informal hearing before the Finance Director. The notice shall also state that if the person fails to timely request an informal hearing within the time allowed, the amount determined by the Finance Director is final and conclusive and is immediately due and payable.
3.34.240 Tax assessment - notice requirements.
The notice of assessment shall be served upon the person either by personal delivery, by overnight delivery by a nationally-recognized courier service, or by a deposit of the notice in the United States mail, postage prepaid thereon, addressed to the person at the address of the location of the business or to such other address as he or she shall register with the Finance Director for the purpose of receiving notices provided under this chapter; or, should the person have no address registered with the Finance Director for such purpose, then to such person's last Cannabis Business Tax Ordinance
known address. For the purpose of Section 3.34.240, a service by overnight delivery shall be deemed to have occurred one (1) calendar day following deposit with a courier and service by mail shall be deemed to have occurred three (3) days following deposit in the United States mail.
3.34.250 Tax assessment - hearing, application and determination.
Within thirty (30) calendar days after the date of service of the notice of assessment the person may apply in writing to the Finance Director for an informal hearing on the assessment.
If application for an informal hearing is not made within the time herein prescribed, the tax assessed by the Finance Director shall become final and conclusive. Within thirty (30) calendar days of the receipt of any such application for an informal hearing, the Finance Director shall cause the matter to be set for an informal hearing before him or her, or his/her designee, no later than thirty (30) calendar days after the receipt of the application, unless a later date is agreed to by the Finance Director and the person requesting the informal hearing. Notice of such informal hearing shall be given by the Finance Director to the person requesting such informal hearing no later than five (5) calendar days prior to such informal hearing. A hearing under this section shall be informal and need not follow any formal rules of evidence. At such hearing said applicant may appear and offer evidence why the assessment as made by the Finance Director should not be confirmed and fixed as the tax due. After such hearing the Finance Director shall determine and reassess (if necessary) the proper amount of tax, interest, penalties, and fees to be charged and shall give written notice of the decision to the person in the manner prescribed in Section
3.34.240 for giving notice of assessment. No appeal of a notice of assessment may be made under Section 3.34.150 unless an informal hearing is timely requested and the person attends the hearing. If the person fails to appear at the informal hearing, the amount due determined by the Finance Director in the notice of assessment is final and conclusive.
3.34.260 Relief from taxes – disaster relief.
A. If a person is unable to comply with any tax requirement imposed under this chapter due to a disaster impacting its cannabis business, the person may notify the Finance Director of its inability to comply and request relief from the tax requirement. For purposes of this chapter, “disaster” means fire, flood, storm, tidal wave, earthquake, or similar public calamity resulting in physical damage to real property, whether or not resulting from natural causes.
B. The person shall provide any information required by the Finance Director including, without limitation, why relief is requested, the time period for which the relief is requested, and the reason relief is needed for the specific amount of time. The person agrees to grant the Finance Director or his/her designee access to the location where the cannabis business has been impacted due to a disaster.
C. The Finance Director, in his/her sole discretion, may provide relief from the cannabis business tax requirement for businesses whose operations have been impacted by a disaster if such tax relief does not exceed ten thousand ($10,000) dollars. Such temporary relief may be granted for a reasonable amount of time, in the Finance Director’s sole discretion, and the amount and duration of relief should be based upon how long it would reasonably take for Cannabis Business Tax Ordinance
the cannabis business to recover from the disaster. The Finance Director may require that the cannabis business follow certain conditions to receive temporary relief from the cannabis business tax requirement. The Finance Director's decision on a request for relief and the conditions that may be imposed for relief under this section are final and conclusive and not subject to appeal under Section 3.34.150.
3.34.270 Conviction for violation - taxes not waived.
The conviction and punishment of any person for failure to pay the required tax shall not excuse or exempt such person from any civil action for the tax debt unpaid at the time of such conviction. No civil action shall prevent a criminal prosecution for any violation of the provisions of this chapter or of any state law requiring the payment of all taxes.
3.34.280 Violation deemed misdemeanor.
Any person violating any of the provisions of this chaptershall be guilty of a misdemeanor.
3.34.290 Severability.
If any provision of this chapter, or its application to any person or circumstance, is determined by a court of competent jurisdiction to be unlawful, unenforceable, or otherwise void, that determination shall have no effect on any other provision of this chapter or the application of this chapter to any other person or circumstance and, to that end, the provisions hereof are severable.
3.34.300 Remedies cumulative.
All remedies and penalties prescribed by this chapter or which are available under any other provision of this code and any other provision of law or equity are cumulative. The use of one or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter.
3.34.310 Amendment or modification.
Except as set forth in Section 3.34.310, this chapter may be amended or modified but not repealed by the City Council without a vote of the people. However, as required by Article XIII C of the California Constitution, voter approval is required for any amendment that would expand, extend, or increase the rate of any tax levied pursuant to this chapter beyond the maximums set forth in this chapter. The people of the City of Guadalupe affirm that the following actions shall not constitute an increase of the rate of a tax:
A. The restoration or adjustment of the rate of the tax to a rate that is no higher than that allowed by this chapter, in those circumstances where, among others, the City Council has previously acted to reduce the rate of the tax or is incrementally implementing an increase authorized by this chapter;
Cannabis Business Tax Ordinance
B. An action that interprets or clarifies (i) the methodology of applying or calculating the tax or (ii) any definition applicable to the tax, so long as the interpretation or clarification (even if contrary to some prior interpretation or clarification) is not inconsistent with the provisions of this chapter; or
C. The collection of the tax imposed by this chapter even if the City had, for some period of time, failed to collect the tax.
SECTION 2. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The people of the City of Guadalupe hereby declare that they would have passed this ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid.
SECTION 3. ENVIRONMENTAL COMPLIANCE. The City Council hereby finds and determines that this resolution is exempt from the California Environmental Quality Act, Public Resources Code Sections 21000 et seq. (“CEQA”) and 14 Cal. Code Re. Sections 15000 et seq. (“CEQA Guidelines”). The calling and noticing of an election for the submission of a ballot measure to voters is not a project within the meaning of CEQA Guidelines 15378. The tax submitted to the voters is a general tax that can be used for any governmental purpose; it is not a commitment to any particular action or actions.
As such, under CEQA Guidelines Section 15378 (b)(4), the tax is not a project within the meaning of CEQA because it creates a government funding mechanism that does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment. If revenue generated by the tax were used for a purpose that would have such an effect, the City of Guadalupe would undertake the required CEQA review for that particular project. Therefore, pursuant to CEQA Guideline Section 15060 CEQA analysis is not required.
SECTION 4. ELECTION REQUIRED. This Ordinance shall not become operative unless and until a majority of the electors voting on this measure vote to approve the imposition of the tax at the General Election to be held on November 3, 2026.
SECTION 5. EFFECTIVE DATE. Pursuant to the California Constitution, Article XIIIC(2)(b) and California Elections Code 9217, if a majority of the voters voting in the election vote in favor of the adoption of this measure, this ordinance shall be deemed valid and binding and shall be considered adopted upon the date that the vote is declared by the City Council and shall go into effect ten (10) days after that date.
INTRODUCED at a regular meeting of the City Council on the 9th day of June 2026, by the following roll call vote:
Cannabis Business Tax Ordinance
MOTION:
AYES:
NOES:
ABSENT:
ABSTAINED:
PASSED AND ADOPTED at a regular meeting of the City Council on the 23rd day of June 2026, by the following roll call vote:
MOTION:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
______________________________ ______________________________ Judy Wilson, City Clerk Ariston Julian, Mayor
APPROVED AS TO FORM:
______________________________
Philip F. Sinco, City Attorney
1 Agenda Item No. 12
REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of June 9, 2026
_______________________________ ______________________________ Prepared by: Approved by:
Philip F. Sinco, City Attorney David Trujillo, City Administrator SUBJECT: Introduction of an ordinance to increase the rate of the City’s transient occupancy tax from 6% to 12% and to include additional types of occupancies subject to the tax.
RECOMMENDATION:
That the City Council introduce on the first reading, and continue to the next meeting for the second reading and adoption, an ordinance to increase the City’s transient occupancy tax (TOT) rate from 6% to 12% and to expressly include additional types of occupancies subject to the tax.
BACKGROUND:
California Revenue and Tax Code section 7280 provides the legal authority for general law cities such as Guadalupe to impose a transient occupancy tax (TOT). This tax is imposed on persons, almost exclusively tourists and other short-term visitors, who rent lodgings of various sorts for thirty (30) consecutive days or less. For purposes of this staff report, such rentals of 30 days or less will be referred to as “temporary lodgings.” The City currently taxes persons who occupy temporary lodgings at the rate of 6%. This is significantly lower than all other cities in both San Luis Obispo and Santa Barbara Counties. Staff is recommending that the City Council increase this rate to 12%. While there are no commercial facilities that provide temporary lodgings for transients currently operating in the City (aside from a small number of private homes rented out as “short-term rentals” using platforms operated by AirBnb and VRBO), the City is engaged in various economic development activities with the intention of attracting such commercial lodging facilities to the City. Staff believes it is prudent to increase the tax rate before any such facilities commence operations.
Under California law, any increase in the existing rate of a tax must be approved by voters.1 Since TOT is a general tax, only a majority vote in favor is required (rather than 2/3rd approval for a special tax). The revenue raised by TOT is placed in a city’s general fund and may be used for any government purpose. The TOT measure being proposed for the City Council’s consideration is a general tax.
1 Since this ordinance must be adopted by the Council at the next Council meeting before it can be submitted to the voters, the resolution to submit the ordinance to the voters will also be brought at the next Council meeting.
Philip F. Sinco
2 The ordinance presented for Council’s consideration proposes increasing the City’s current TOT rate of 6% on temporary lodgings to 12%, but it also includes some proposed revisions of the current ordinance to expressly include additional types of temporary lodgings that state law permits to be taxed, but which may not be included under the City’s current ordinance due to its wording. Specifically, the definition of a “hotel” (which includes more types of occupancies than only “hotels”) appears to limit all transient occupancies to “structures” of one kind or another.
Because of thislanguage, it is possible that recreational vehicle parks and/or campgrounds might not be included although state law clearly allows a local jurisdiction to impose TOT on persons who utilize them.
Unlike the tax rate increase, these other revisions to include additional types of occupancies subject to the tax are most likely not legally required to be approved by the voters since they do not “impose, extend, or increase” a tax. Nevertheless, in the interest of transparency, staff is recommending that these revisions be included in the ordinance that will be submitted to the voters for approval.
DISCUSSION:
California Revenue and Taxation Code section 7280 (Section 7280) provides:
The legislative body of any city or county may levy a tax on the privilege of occupying a room or rooms or other living space, in a hotel, inn, tourist home or house, motel, or other lodging unless the occupancy is for any period of more than 30 days. The tax when levied by the legislative body of a county shall apply only to the unincorporated areas of the county.
Section 7280(b) and (c) set forth some exemptions, including the imposition of TOT on the owner (or a guest of the owner2) of a time-share estate or of a “membership camping contract;” on facilities operated by a local government entities; and on campsites in the state park system.
Section 7280(c) explicitly states that the term “other lodgings” as used in this statute, except for the exemptions discussed above, “includes, but is not limited to, a camping site or a space at a campground or recreational vehicle park.” Thus, it is clear that state law allows local jurisdictions to tax temporary lodgingsin recreational vehicle parks or campgrounds, in addition to other more common temporary lodgings provided by hotels, motels, and a “tourist home or house” (e.g., private homes rented using websites such as AirBnb or VRBO, “bed and breakfast” lodgings, etc.). 2 “Guest of an owner” is defined by the statutes as a person who: (1) accompanies the owner when occupying the exempt time share or campsite; or (2) if the guest does not accompany the owner while occupying the time share or campsite, does not pay any compensation to the owner, or occupies the time share or campsite using any form of an exchange program. 3 Unfortunately, the City’s TOT ordinance uses a definition that does not specifically include the term “other lodgings” and does not otherwise specifically include campgrounds and/or recreational vehicle parks. The City’s TOT ordinance, set forth in Chapter 3.20 of the Guadalupe Municipal Code (GMC), provides that: “[f]or the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of 6% of the rent charged...” (GMC §
3.02.020). The word “hotel” is defined broadly to include:
any structure, or any portion of any structure, which is occupied or intended or designated for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structure or portion thereof. (GMC § 3.02.010).
As already mentioned, this definition does not include the term “other lodgings” that is used in Section 7280 (which explicitly includes campgrounds and recreational vehicle parks). If it had, staff would see no need to revise or amend the definition of “hotel” in the City’s ordinance. Since this definition seems to limit its application to “structures,” an argument can be made that recreational vehicles (which are not considered “structures”) and campgrounds are exempt from the tax.
The revisions in the proposed ordinance, other than to increase the tax rate from 6% to 12%, to include additional types of occupancies subject to TOT mostly involve revising the definition of what types of lodgings are subject to the tax. (See Attachment 1, GMC § 3.20.010.A). The City’s current ordinance uses the word “hotel” very broadly to include other types of temporary lodgings, but all of these include “structures” of some sort. Staff decided to use the term “lodging facility” in place of “hotel” as this term made it easier (and made more sense) to include nonstructural lodgings such as recreational vehicles or campgrounds in the definition. Accordingly, the new term “lodging facility” replaces all instances of “hotel” when used in the current ordinance to include all other types of temporary lodgings. Other revisions to this section were made to more closely align with the wording in Section 7280 as well as to expressly include language about “outdoor spaces or premises” (so a “structure” is not required to impose TOT on a lodging facility) and to expressly list recreational vehicle parks and campgrounds as lodging facilities subject to the tax. A change was also made to the definition of “occupancy” (See Attachment 1, GMC § 3.20.010.B) to refer to “lodging facility” since the current definition referred to “rooms” which, again, implies a structure, which might be seen as inconsistent with a recreational vehicle park or campground. Finally, a new definition for a “transient” was included for the sake of clarity, and also, to support exempting any occupancies for more than a 30 day period, including month-to-month leases.
The other section of the current ordinance significantly revised was GMC section 3.20.030 concerning exemptions from the tax. (See Attachment 1, GMC § 3.20.030). The current ordinance included broad language about exempting the tax on any person or occupancy “beyond the power of the City to impose the tax,” which was retained in the proposed ordinance, and is, arguably, broad enough to include all possible legal exemptions; however, staff decided 4 to specifically include exemptions more particularly for the sake of transparency. The of the added exemptions were taken directly from Section 7280, but two of them, (1) an “organized camp” as defined in California Health & Safety Code section 18897 (an example of which might be a “science camp” for middle school students), and (2) housing operated by or used exclusively for religious, charitable, or educational purposes by any organization which has obtained exemption from property taxes, were not required by law to be exempt; however, staff believed these two occupancies should be exempt. In addition, a specific exemption was included to clarify that a month-to-month residential lease would be exempt from TOT.
The City Council introduced and adopted a similar ordinance as the one now being proposed here (Attachment 1) in June 2022, and also, voted to place it on the ballot for the general election that year for voters to approve. This ordinance, like the one proposed here, included revisions to make it clear that recreational vehicle parks and campgrounds would be included as occupancies subject to the City’s TOT, in addition to proposing an increase in the tax rate, although to 10% rather than 12%. This ordinance was narrowly defeated. Staff believes this was due to the failure by the City to provide clear and accurate information to the City’s voters that this tax increase would apply only to tourists and other short-term visitors renting temporary lodgings (except under unusual situations, e.g., if a long-term City resident voluntarily decided to stay at a hotel in Guadalupe, should one open for business at some point in the future). Staff does not believe the defeat was due to the inclusion of recreational vehicle parks or campgrounds as occupancies subject to the tax. Staff also believes that some voters may not have understood that month-tomonth leases are exempt from this tax.
Similarly, staff does not believe that the increase to 10% proposed in the 2022 ordinance was an issue for voters, except to the extent that they might have been confused about it and believed they may would be personally subject to this tax for some other reason. Staff believes it can communicate more clearly about the proposed ordinance and the proposed increase in the TOT rate to 12% this time around.
Currently, there are no hotels or motels operating in the City, but as part of the City’s economic development goals, the establishment of such commercial facilities in the City would be desirable, and staff is anticipating making efforts to attract or encourage the establishment of one or more such facilities. The same is true with campgrounds or recreational vehicle parks.
The amount of revenue the City would receive is one or more of these facilities should commence operations in the City will significantly increase. Staff prefers to have the TOT rate increased from 6% to 12% prior to undertaking such efforts if the Council supports raising the TOT rate.
At this time, the only temporary lodgings that are subject to the City’s TOT are the few private short-term rentals offered through various online platforms (e.g., AirBnB, VRBO, etc.). The City Council adopted an ordinance for these short-term rentals in 2022 which, among other things, was intended to “provide a process to track and enforce all requirements and ensure appropriate collection of transient occupancy taxes.” There was no question that these types of short-term rental were subject to the City’s TOT ordinance (which is the reason none of the revisions in the ordinance proposed here specifically mention them). Staff estimates that the amount of TOT 5 that might be generated by the approximately 12 or so short-term rentals known to be operating (at the current 6% rate) is approximately $20,000 in revenue annually for the City.3 Increasing this rate 12% could possibly increase the City’s revenue to approximately $40,000 annually.
The decision to propose increasing the TOT rate to 12% rather than the 10% proposed in 2022 was the result of a recent analysis of what other cities in San Luis Obispo and Santa Barbara Counties impose on transient occupancies. For the Council’s reference, a list of the current TOT rates for various cities in San Luis Obispo and Santa Barbara counties is as follows:
San Luis Obispo County
Arroyo Grande 10%
Atascadero 10%
Grover Beach 12%
Morro Bay 10%
Pismo Beach 11%
San Luis Obispo 10%
Paso Robles 11%
Santa Barbara County
Buellton 14%
Carpinteria 15%
Guadalupe 6%
Lompoc 10%
Santa Barbara 12%
Santa Maria 10%
Solvang 14%
As can be seen, the City of Guadalupe’s rate is significantly lower than every other city in San Luis Obispo and Santa Barbara Counties.
However, the actual amount a transient would pay to stay at a hotel, motel, short-term rental, etc. might actually be higher because some cities add an assessment for a “Tourist Marketing District” (TMD) and/or a “Tourist Business Improvement District” (TBID). The TMD is imposed by the County of San Luis Obispo on all transient stays, which local jurisdictions must collect and pass on to the County. The County of Santa Barbara does not have such an assessment, but it might impose one in the future.
3 This estimate is based on the staff’s estimate of approximately 12 short-term rentals believed to be currently operating in the City. This is the number of short-term rentals in the City as listed on the AirBnb website. The estimated amount of revenue is based on the single day rates for these known short-term rentals in the City, with the assumption that they are rented approximately 25% of the time. According to AirBnb, the average rental listed on its website is rented about 54% of the time. Obviously, this estimate could be lower if the occupancy rate is less than 25%. It is important to note that the City’s actual receipts for TOT from these short-term rentals is $_______, which is considerably lower than this estimate, but staff believes that is due to the lack of proactive enforcement by the City.
6 Most cities in both San Luis Obispo and Santa Barbara Counties impose an additional TBID percentage on all transient stays in an amount varying from 1.5% to 3.5%. The following provides a total effective assessment on transient stays in San Luis Obispo and Santa Barbara Counties as follows:
San Luis Obispo County Base TOT TBID TMD Total Effective Rate Arroyo Grande 10% 2.0% 1.5% 13.5%
Atascadero 10% 2.5% 1.5% 14.0%
Grover Beach 12% - 1.5% 13.5%
Morro Bay 10% 3.0% 1.5% 14.5%
Pismo Beach 11% 2.0% 1.5% 14.5%
San Luis Obispo 10% 2.0% 1.5% 13.5%
Paso Robles 11% 2.0% 1.5% 14.5%
Santa Barbara County
Buellton 14% 2.0% NA 16.0%
Carpinteria 15% - NA 15%
Guadalupe 6% - NA 6%
Lompoc 10% 2.0%4 NA 10-12%
Santa Barbara 12% 2.0% NA 12%
Santa Maria 10% 2.0%5 NA 10-12%
Solvang 14% 2.0% NA 16.0%
Thus, if the ordinance is approved by the voters, the City’s total “effective” rate of 12% that transients would pay for temporary lodgings would remain less than most cities on the Central Coast. This lower rate may help to attract one or more commercial lodging facilities to Guadalupe.
ALTERNATIVES:
The Council can:
1. Decline to introduce the proposed ordinance; or
2. Approve revisions to the proposed ordinance to limit changes solely to increasing the TOT rate.
FISCAL IMPACT:
4 Participation varies by property.
5 Participation varies by property.
7 The proposed ordinance, if approved the voters, may result in additional general fund revenue in the amount of approximately $20,000 or more per year. Revenue would significantly increase should any hotels, motels, inns, bed and breakfasts, RV parks, or campgrounds, etc. commence operations in the City.
ATTACHMENTS:
1. Ordinance No. 2026-529 entitled “An Ordinance of the City of Guadalupe, California, Amending Portions of Chapter 3.20 to Title 3 of the Guadalupe Municipal Code Relating to Transient Occupancy Tax to Increase the Tax Rate from 6% to 12% and Include Additional Types of Occupancies Subject to the Tax.”
ORDINANCE NO. 2026-529
AN ORDINANCE OF THE CITY OF GUADALUPE, CALIFORNIA, AMENDING PORTIONS OF CHAPTER 3.20 OF TITLE 3 OF THE GUADALUPE MUNICIPAL CODE RELATED TO TRANSIENT OCCUPANCY TAX TO INCREASE THE TAX RATE FROM 6% TO 12% AND TO INCLUDE
ADDITIONAL TYPES OF OCCUPANCIES SUBJECT TO THE TAX
WHEREAS, under the provisions of the laws in the State of California, a general municipal election shall be held on November 3, 2026, for the election of municipal officers; and WHEREAS, the City Council desires to allow the voters of the City of Guadalupe the opportunity to increase the rate of the City’s Transient Occupancy Tax (TOT) from 6% to 12% to remain in effect until ended by voters; and
WHEREAS, the City Council also wishes to change the definition of “hotel” (which is not limited to hotels only, but includes other types of transient occupancies) to a definition of “lodging facility” which will include the same transient occupancies listed under the current definition of “hotel” but will also include “other lodgings” as that term is used in California Revenue and Taxation Code section 7280, including recreational vehicle parks and campgrounds.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GUADALUPE DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 3.20.010 of Chapter 3.20 of Title 3 of the Guadalupe Municipal Code is hereby amended as follows:
3.20.010 Definitions.
For purposes of this chapter, the following words and phrases are defined as follows:
A. ““Lodging facility” means any structure or any portion of any structure, or any outdoor space or premises, which is occupied or intended or designated for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, motel, or other lodging, including but not limited to any recreational vehicle park or campground.
B. “Occupancy” means the use or possession, or the right to the use or possession, of any lodging facility or portion of any lodging facility.
C. “Operator” means the person who is proprietor of the lodging facility, whether in the capacity owner, lessee, sublessee, mortgagee in possession, licensee, or any other capacity. Where the operator performs his or her functions through a managing agent of any type or character other than an employee, the managing agent shall also be deemed an operator for the purposes of this chapter and shall have the same duties and liabilities ATTACHMENT 1
as his or her principal. Compliance with the provisions of this chapter by either the principal or the managing agent shall, however, be considered to be compliance by both.
D. “Person” means any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit.
E. “Rent” means the consideration charged, whether or not received, for the occupancy of space in a hotel, valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without any deduction therefrom whatsoever.
F. “Tax Administrator” means the City Clerk.
G. “Transient” means any person having occupancy of a lodging facility for a period of 30 consecutive calendar days or less regardless of the form of agreement, license, permit, or entitlement. Any person occupying a lodging facility shall be deemed to be a transient until the period of 30 days has expired unless there is an agreement in writing, between the operator and the occupant, including but not limited to a month-tomonth rental agreement, providing for a longer period of occupancy.
SECTION 2. Section 3.20.020 of Chapter 3.20 of Title 3 of the Guadalupe Municipal Code is hereby amended as follows:
3.20.020 Tax imposed—Amount—Payment.
For the privilege of occupancy in any lodging facility, each transient is subject to and shall pay a tax in the amount of 12% of the rent charged by the operator. Such tax constitutes a debt owed by the transient to the City which is extinguished only by payment to the operator or the City. The transient shall pay the tax to the operator of the lodging facility at the time the rent is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient’s ceasing to occupy space in the lodging facility. If for any reason the tax due is not paid to the operator of the hotel , the Tax Administrator may require that such tax shall be paid directly to the Tax Administrator.
SECTION 3. Section 3.20.030 of Chapter 3.20 of Title 3 of the Guadalupe Municipal Code is hereby amended as follows:
3.20.030 Exemptions.
A. No tax shall be imposed upon:
1. Any person as to whom, or any occupancy as to which, it is beyond the power of the City to impose the tax herein provided;
2. Any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty.
3. Any owner of a time-share estate in a room or rooms in a time-share project, or the owner of a membership camping contract in a camping site at a campground, or the guest of the owner, to occupy the room, rooms, camping site, or other real property in which the owner retains that interest, as those terms are defined in California Revenue and Taxation Code section 7280(b).
4. An “organized camp” as defined in California Health & Safety Code section 18897.
5. Any campsite in a unit of the state park system.
6. Housing operated by or used exclusively for religious, charitable, or educational purposes by any organization which has obtained exemption from property taxes under the laws of California for the period the tax would otherwise be imposed.
7. Lodging facilities operated by a local government entities.
8. Any person renting any residential dwelling unit (as that term is defined in California Civil Code section 19409(c)) pursuant to a month-to-month lease agreement.
B. No exemption shall be granted except upon a claim therefor made under penalty of perjury at the time rent is collected, upon a form prescribed by the Tax Administrator.
SECTION 4. Section 3.20.040 of Chapter 3.20 of Title 3 of the Guadalupe Municipal Code is hereby amended as follows:
3.20.040 Registration of lodging facilities.
Within 30 days after the effective date of the ordinance codified in this chapter, or within 30 days after commencing business, whichever is later, each operator of any lodging facility renting occupancy to transients shall register such lodging facility with the Tax Administrator and obtain from him or her a “Transient Occupancy Registration Certificate,” to be at all times posted in a conspicuous place on the premises. The certificate shall, among other things, state the following:
A. The name of the operator;
B. The address of the lodging facility;
C. The date upon which the certificate was issued;
D. “This Transient Occupancy Registration Certificate signifies that the person named on the face hereof has fulfilled the requirements of the Uniform Transient Occupancy Tax ordinance by registering with the Tax Administrator for the purpose of collecting from transients the Transient Occupancy tax and remitting said tax to the Tax Administrator. This certificate does not authorize any person to conduct any unlawful business or to conduct any lawful business in an unlawful manner, nor to operate a lodging facility without strictly complying with all local applicable laws, including but not limited to those requiring a permit from any board, commission, department or office of this City. This certificate does not constitute a permit.” SECTION 5. Section 3.20.050 of Chapter 3.20 of Title 3 of the Guadalupe Municipal Code is hereby amended as follows:
3.20.050 Operator’s collection duties.
Each operator shall collect the tax imposed by this chapter to the same extent and at the same time as the rent is collected from every transient. The amount of tax shall be separately stated from the amount of the rent charged, and each transient shall receive a receipt for payment from the operator. No operator of a lodging facility shall advertise or state in any manner, whether directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the operator, or that it will not be added to the rent, or that, if added any part will be refunded except in the manner hereinafter provided.
SECTION 6. USE OF TAX PROCEEDS. The proceeds of the tax approved by this Ordinance may be used for unrestricted general revenue purposes.
SECTION 7. SEVERABILITY. If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, the remainder of the Ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.
SECTION 8. ELECTION REQUIRED. This Ordinance shall not become operative unless and until a majority of the electors voting on this measure vote to approve the imposition of the tax at the General Election to be held on November 3, 2026.
SECTION 9. EFFECTIVE DATE. If this ordinance is approved by a majority of the electors voting on the issue at the November 3, 2026 general municipal election, pursuant to Elections Code Section 9217, the ordinance shall be become effective ten (10) days after the City Council accepts the certified results of the election.
SECTION 10. COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), and the CEQA guidelines, and the City’s environmental procedures, and has been found to be exempt pursuant to § 15601(b)(3) (general rule) and § 15378(b)(4) of the CEQA Guidelines.
The transient occupancy tax imposed by the adoption of this Ordinance is a general tax that can be used for any legitimate governmental purpose; it is not a commitment to any particular action.
The City Council hereby finds with certainty that there is no possibility the passage of this Ordinance will have a significant effect on the environment. Additionally, it creates a government funding mechanism that does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment. If revenue from the tax were used for a purpose that would have such effect, the City would undertake the required CEQA review for that particular project at the earliest feasible date.
SECTION 11. CLERICAL CORRECTION. The City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the City Clerk shall consult with the City Administrator and City Attorney concerning any changes deemed necessary.
INTRODUCED at a regular meeting of the City Council held this 9th day of June 2026, by the following roll call vote, subject to voter approval at the November 3, 2026, General Municipal Election.
AYES:
NOES:
ABSENT:
ABSTAINED:
PASSED AND ADOPTED at a regular meeting of the City Council held this 23rd day of June 2026, by the following roll call vote, subject to voter approval at the November 3, 2026, General Municipal Election.
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
______________________________ ______________________________ Judy Wilson, City Clerk Ariston Julian, Mayor
APPROVED AS TO FORM:
______________________________
Philip F. Sinco, City Attorney