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ADOPTED NO. TITLE
.1 ORDINANCE AMENDING
CHAPTER 13.12 BY ADDING
COLLECTION OF PAST DUE ACCOUNTS TO THE
CITY MUNICIPAL i;i 08-23-10
561 ORDINANCE AMENDING SECTION 2.12.090 REGARDING
THE CITY MANAGER'S POWER OF APPOINTMENT
OF CITY OFFICERS AND EMPLOYEES 05 -23 -10
562 ORDINANCE AMENDING THE MORRO BAY MUNICIPAL
CODE SECTION 3.60.050 REGARDING INCREASING THE
ASSESSMENT TO THE MORRO BAY TOURISM
BUSINESS IMPROVEMENT DISTRICT 09 -27 -10
ORDINANCE 11 NG CHAP 08 OF THE
MUNICIPAL MORRO BAY Oi ESTABLISHING
POLICIES i PROCEDURES LANDMARK
DESIGNATION TREE
564 ORDINANCE REPEALING, AMENDING, AND
REENACTING TITLE 14 OF THE MBMC
(BUILDINGS AND CONSTRUCTION) 11 -08 -10
ORDINANCES
2010
NO. TITLE ADOPTED
553 ORDINANCE ADDING SECTION 3.08.105 TO THE
MORRO BAY MUNICIPAL CODE ESTABLISHING
A LOCAL BUSINESS PREFERENCE PROGRAM 01 -25 -10
554 ORDINANCE REPEALING ORDINANCE NO. 551
AND ENACTING ORDINANCE NO. 554 ADDING
SECTION 10.76.035 TO CHAPTER 10.76 TO PROVIDE
RULES AND REGULATIONS FOR THE MORRO BAY
SKATE PARK 04 -1210
555 ORDINANCE AMENDING CHAPTER 10.40 OF THE
MBMC BY ADDING SECTION 10.44.070 TO
REGULATE MUNICIPAL PARKING LOTS AND TO
ESTABLISH AUTHORITY TO CHARGE FEES FOR
PARKING 04 -26 -10
556 ORDINANCE ADDING CHAPTER 17.27 ESTABLISHING
REGULATIONS AND PROCEDURES ENTITLED
"ANTENNAS AND WIRELESS TELECOMMUNICATIONS
FACILITIES" AND MODIFYING CHAPTER 17.12 TO
INCORPORATE NEW DEFINITIONS, 17.24 TO MODIFY
PRIMARY DISTRICT MATRICES TO INCORPORATE
THE TEXT CHANGES, 17.30 TO ELIMINATE SECTION
17.30.030(F) "ANTENNAS ", 17.48 MODIFICATION TO
ELIMINATE SECTION 17.48.340 "SATELLITE DISH
ANTENNAS" AND MODIFY THE TITLE PAGE TO
REFLECT THE NEW CHAPTER 05 -10 -10
557 ORDINANCE AMENDING SECTION 2.16.080 OF
CHAPTER 2.16 REGARDING THE DUTIES OF THE
CITY ATTORNEY 05 -10 -10
558 ORDINANCE AMENDING CHAPTER 2.24 REGARDING
THE DUTIES OF THE RECREATION & PARKS
DEPARTMENT
559 VOID
05 -24 -10
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AN ORDINANCE OF E CITY COUNCIL OF THE
CITY OF .. O
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CERTAIN STATE AND MODEL CODES RELATING TO FIRE AND LIFE SAFETY AS
FOLLOWS:
1. 2010 California Building Code (volumes 1 and 2)
2. 2010 California Residential Code
3. The appendix to Chapter 33 of the 1997 Uniform Building Code
4.2010 California Electrical Code
5. 20 10 California Mechanical Code
6. 20 10 California Plumbing Code
7. 2009 Uniform Solar Energy Code
8. 2006 Uniform Swimming Pool, Spa and Hot Tub Code
9. 20 10 California Energy Code
10. 2010 California Historical Building Code
11. 2010 California Fire Code
12. 2010 California Existing Building Code
13.2010 California Green Building Code
14. 1997 Uniform Housing Code
15. 1997 Uniform Code for the Abatement of Dangerous Buildings
WHEREAS, Government Code § 50022, et.seq. and Health and Safety Code § 17922
authorize the City to adopt by reference the California Building Standards Code as provided in
Titles 24 and 25 of the California Code of Regulations and other codes, including, without
limitation, the Uniform Housing Code and Uniform Code for the Abatement of Dangerous
Buildings; and
WHEREAS, Pursuant to Health and Safety Code § 17950 and 18938(b), the California
Building Standards Code is applicable to all occupancies throughout the State of California,
whether or not the City takes affirmative action to adopt the California Building Standards Code;
and
WHEREAS, Health and Safety Code § 17960, requires a local building department to
enforce State Housing Law, the California Building Standards Code, and the implementing
regulations of the Department of Housing and Community Development for residential
structures; and
WHEREAS, Health and Safety Code § 17958.5 allows the City may make those changes
or modifications to the requirements contained in the provisions published in the California
Building Standards Code as it determines, pursuant to the provisions of Health and Safety Code
§ 17958.7, are reasonably necessary because of local climatic, geological, or topographical
conditions; and
WHEREAS, Pursuant to Health and Safety Code § 18941.5, certain express findings
have been made and are as follows:
FINDINGS
1. The topographic, underlying geologic and surface soil conditions of the hillsides of the
City of Morro Bay are of a gradient and composition such that movement has historically
been known to occur. Soils testing has revealed the presence of potentially hazardous
geologic conditions, including expansive soils, questionable soils, soils prone to
liquefaction and seasonally high ground - water. Therefore, it is reasonably necessary to
adopt regulations for grading operations that are more restrictive than those adopted by
the State of California and codified in the California Building Standards Code. More
particularly, this finding supports the adoption and modification of Appendix J of the
California Building Code.
2. Due to topographic and geologic conditions, development in Morro Bay has historically
been constrained such that building occurred predominantly in the flatter areas, a scarcity
of which resulted in the creation of small lots and the construction of structures in relative
close proximity to one - another. These conditions are known to be conducive to the
spread of fire and therefore, it is reasonably necessary to adopt standards more restrictive
than those adopted by the State of California and codified in the California Building
Standards Code for the installation of automatic fire sprinklers on new and existing
buildings, limiting the use of wood shakes or shingles, requiring that elevator cars be
constructed to accommodate an ambulance stretcher, and to otherwise establish
construction and fire prevention regulations more restrictive than those adopted by the
State of California and codified in the California Building Standards Code to reduce and
minimize the potential for loss of and damage to life and property resulting from fire, hazardous
materials, explosions and to protect firefighters and emergency personnel during
emergency operations. More particularly, this finding supports the modification of
California Building Code sections 1505.1 and 3002.4, California Fire Code sections
903.3.1.1 and 4504.1, California Residential Code sections R313.1 and R313.2,
California Electrical Code Article 230- 70(A)(1), the deletion of Sections 903.2 through
903.2.10.1 of the California Fire Code and the addition of section R313.3.3.5 to the
Residential Code, and sections 308.1.1.1, 901.4.5, 903.2 and 3310 to the Fire Code.
3. Due to topographic conditions and in order to protect the estuarine environment of and
adjacent to the City of Morro Bay, it is reasonably necessary to adopt regulations more
restrictive than those adopted by the State of California and codified in the California
Building Standards Code, prohibiting the construction of private sewage disposal systems
and requiring the installation of sewer backwater valves. More particularly, this finding
supports the modification of California Plumbing Code section 713:0 and the addition of
Plumbing Code section 709.5.
NOW, THEREFORE, the City Council of the City of Morro Bay does ordain as
follows:
Title 14 of the Morro Bay Municipal Code is hereby repealed, amended, and reenacted to
read as follows:
Title 14
1 1 ? ► : ►11 !7l7►i.`II Y:i l! ITYI<1RI
Chapters:
14.01
General
14.02
Administration and Enforcement
14.03
Building Code
14.04
Residential Code
14.05
Electrical Code
14.06
Mechanical Code
14.07
Plumbing Code
14.08
Fire Code
14.09
Existing Building Code
14.10
Green Building Code
14.11
Housing Code
14.12
Dangerous Buildings Code
14.18
Seismic Safety Program
14.40
Unsafe Buildings
14.44
Frontage Improvements
14.48
Storm Water Control
14.52
Marine Docks and Structures
14.56
Moving of Buildings
14.62
Self- Inspection Fire Safety Program
14.68
Wells
14.72
Flood Damage Prevention
14.75
Mandatory Construction and Demolition Debris Recycling
Program
Chapter 14.01
C ►1 G_ -11
Sections:
14.01.010 Title and Purpose.
14.01.020 Adoption of Codes.
14.01.030 Building Official and Fire Chief Designated.
14.01.010 Title and Purpose.
This title shall be known and may be cited as "The Buildings and Construction Ordinance of the City of
Morro Bay," Title 14 of the Morro Bay Municipal Code. These regulations are hereby established and
adopted to protect and promote public health, safety and welfare. This title establishes minimum
regulations for construction, fire prevention, and the use and occupancy of buildings and other structures.
This title prescribes regulations and standards that are consistent with the State Housing Law of
California.
14.01.020 Adoption of Codes.
Fifteen documents, one each of which are on file in office of the Building Official, identified by the seal
of the City of Morro Bay, marked and designated as the:
1. 2010 California Building Code (volumes 1 and 2),
2. 2010 California Residential Code,
3. The appendix to Chapter 33 of the 1997 Uniform Building Code published by the International
Conference of Building Officials,
4. 2010 California Electrical Code,
5. 2010 edition of the California Mechanical Code,
6. 2010 California Plumbing Code,
7. 2009 edition of the Uniform Solar Energy Code, published by International Association of
Plumbing and Mechanical. Officials,
8. 2006 edition of the Uniform Swimming Pool, Spa and Hot Tub Code published by the
International Association of Plumbing and Mechanical Officials,
9. 2010 California Energy Code,
10. 20 10 California Historical Building Code,
11. 20 10 California Fire Code,
12.2010 California Existing Building Code,
13. 2010 California Green Building Code,
14. 1997 Uniform Housing Code, published by the International Conference of Building
Officials,
15. 1997 Uniform Code for the Abatement of Dangerous Buildings, published by the
International Conference of Building Officials;
are hereby adopted, including chapters and sections not otherwise adopted by agencies of the State of
California, and the appendices thereto as the buildings, construction, and fire prevention regulations of the
City of Morro Bay. The provisions of the above - mentioned are hereby referred to, adopted, and made a
part hereof as if fully set out in this title except as modified hereinafter.
14.01.030 Building Official and Fire Chief Designated.
The Public Services Director is hereby designated as the Building Official and Code Official for the City
of Morro Bay. The Fire Chief is hereby designated as the Fire Code Official for the City of Morro Bay.
Where the "authority having jurisdiction" is used in the adopted codes, it shall mean the Building Official
or the Fire Chief, as applicable.
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Sections:
14.02.010_ Administration and Enforcement.
14.02.020 Modification of Division U of Chanter 1 of the California Building Code.
14.02.010 Administration and Enforcement.
The Administration and Enforcement of this title shall be in accordance with Division II of Chapter 1 of
the California Building Code as adopted and modified,_ amended, and/ or supplemented herein.
14.02.020 Modifications of Division U of Chapter 1 of the California Building Code.
The California Building Code, adopted in Section 14.01.020, is hereby modified, amended, and/
or supplemented as follows:
A. Amend Section 103.1 to read as follows:
103.1 Creation of Enforcement Agency. The Building Section of the Planning and
Building Division of the Public Services Department of the City of Morro Bay is hereby
created and the official in charge thereof shall be known as the Building Official. Where
reference is made to the Authority Having Jurisdiction or Code Official in the adopted Codes,
it shall mean the Building Official.
B. Add Section 104.8.1 to read as follows:
104.8.1 Liability or Responsibility due to Error or Omission. This title shall not be
construed so as to impose upon the City, or upon any of its officials or employees, any
liability or responsibility for injury or damage resulting from any work approved or
performed with respect to this title, or by reason of any inspection performed hereunder. No
person shall be relieved of the responsibility of compliance with this title because of an error
or omission made by a city official or employee.
C. Add Section 104.9.2 to read as follows:
104.9.2 Cargo Containers, Rail Cars, and Vehicle Bodies. Any person who intends to
bring into the City or otherwise use, alter or relocate within the City any cargo container,
streetcar, boxcar, refrigerator car, motorbus body or similar vehicle body for the purpose of
use or occupancy, shall first make application to the Building Official and obtain the required
permit. The application shall demonstrate that the proposed use, occupancy, structure,
construction, and/ or alteration will conform to the provisions of this title.
D. Amend Section 109.2 to read as follows:
109.2 Schedule ofpermit fees. Permit fees shall be as prescribed in the Master Fee
Schedule.
E. Amend Section 113 to read as follows:
SECTION 113
BOARD OF APPEALS
113.1 General. lip order to hear and decide appeals of orders, decisions or determinations
made by the Building Official relative to the application and interpretation of the technical
provisions of this code, there shall be and is hereby created a board of appeals. The board of
appeals shall be appointed by the City Council and hold office at its pleasure. The Building
Official shall be an ex officio member and shall act as secretary to the board but shall have no
vote upon any matter before the board. The board shall adopt rules of procedure for
conducting its business.
The board of appeals shall also serve as the Local Appeals Board, Housing Appeals Board,
and Accessibility Appeals Board, as defined in Health and Safety Code § 17920.5, 17920.6
and 19957.5.
113.2 Limitations on authority. An application for appeal shall be based on a claim that
the true intent of this code or the rules legally adopted thereunder have been incorrectly
interpreted, the provisions of this code do not fully apply, or an equally good or better form
of construction is proposed. The board shall have no authority to waive requirements of this
code, nor shall the board have any authority to relative to the administration of this code.
113.3 Qualifications. The board of appeals shall consist of five members who are qualified
by experience and training to pass on matters pertaining to the appeal and are not employees
of the jurisdiction. Two members of the Accessibility Appeals Board shall be physically
handicapped, two members shall be persons experienced in construction, and one member
shall be a public member.
113.4 Appointment. Upon receipt by the Building Official, of a qualified application for
appeal, the Building Official shall within 60 days, provide the City Council with
nominations of persons who, based on their qualifications and experience, appear to be suited
to hear and decide the appeal. Upon finding that those individuals indeed appear to be
qualified to hear and decide the appeal, the City Council shall appoint five persons and they
shall be known as the Board of Appeals and shall have the authority and be tasked with the
duties thereof for the purposes of hearing and deciding that specific appeal.
F. Amend Section 114.4 to read as follows:
114.4 Violation Penalties. Any person who violates a provision of this code or fails to
comply with any of the requirements thereof or who erects, constructs, alters, extends,
repairs, moves, removes, demolishes or occupies any building, structure, or equipment in
violation of the approved construction documents, a directive of the Building Official, or of a
permit or certificate issued under the provisions of this Code, shall be subject to fines and
penalties as established in Title 1 of the Morro Bay Municipal Code, in addition to other
penalties as prescribed by law.
G. Add Section 114.5 to read as follows:
114.5 Authority to Arrest Persons. The building official shall be a public employee and not
a peace officer, but shall have the authority to arrest persons pursuant to California Penal
Code Section 836.5 for violations of Title 14 of the Morro Bay Municipal Code.
Chapter 14.03
C'J1 1 l �
14.03.010 Modifications of the California Building Code.
The California Building Code, adopted in Section 14.01.020, is hereby modified, amended, and/ or
supplemented as follows:
A. Adopt appendices H, I and J. Delete appendices A, B, C, D, E, F, G and K.
B. Amend Section 1505.1 to read as follows:
1505.1 General. Roof assemblies shall be divided into the classes defined below. Class A, B,
and C roof assemblies and roof coverings required to be listed by this section shall be tested in
accordance with ASTM E 108 or UL 790. In addition, fire- retardant - treated wood roof coverings
shall be tested in accordance with ASTM D 2898. The minimum roof coverings installed on
buildings shall comply with Table 1505.1 based on the type of construction of the building.
For the purposes of this section, any building surface flatter than forty-five degrees to the
horizontal shall be considered a roof and shall not be covered by wood shakes or shingles, except
as otherwise allowed by this Code.
Exception: Skylights and sloped glazing that comply with Chapter 24 or Section 2610.
C. Amend Section 3002.4 to read as follows:
3002.4 Elevator car to accommodate ambulance stretcher. Where elevators are provided, at
least one elevator shall be provided for fire department emergency access to all floors. The
elevator car shall be of such a size and arrangement to accommodate an ambulance stretcher 24
inches by 84 inches with not less than 5 -inch radius comers, in the horizontal, open position and
shall be identified by the international symbol for emergency medical services (star of life). The
symbol shall not be less than 3 inches high and shall be placed inside on both sides of the
hoistway door frame.
D. Delete the text of Appendix J and amend Appendix J by reference to contain the text of the
Appendix to Chapter 33 of the 1997 Uniform Building Code, which shall have the same force and
effect as if printed here in its entirety and is hereby modified, amended, and/ or supplemented as
follows:
1. Amend Section 3309.2 to read as follows:
3309.2 Administration. The provisions of Division H of Chapter 1 of the California
Building Code shall apply to the administration and enforcement of this chapter.
2. Amend Section 3309.7 to read as follows:
3309.7 Liquefaction Study. A study of the liquefaction- potential of the site shall be
provided, and the recommendations incorporated into the plans.
Exception: The Building Official may waive this requirement where it is determined by the
geotechnical engineer or engineering geologist that the potential for liquefaction at the site is
low:
Delete Section 3309.9.
4. Delete Section 3310.
Chapter 14.04
RESIDENTIAL CODE
14.04.010 Modifications of the California Residential Code.
The California Residential Code, adopted in Section 14.01.020, is hereby modified, amended, and/ or
supplemented as follows:
A. Delete Division H of Chapter 1. Administration and Enforcement of the Residential Code shall
be as set forth in the California Building Code. Fees shall be as prescribed in the Master Fee
Schedule.
B. Adopt Appendices H and O. Delete Appendices A, B, C, D, E, F, G, I, J, K, L, M, N, P, Q and R.
C. Amend Section R313.1 and R313.2 to read as follows:
R313.1 Townhouse and One and Two - family dwellings automatic fire sprinkler systems.
An automatic residential fire sprinkler system shall be installed in all new townhouses and one
and two family dwellings, and in all existing townhouses and one and two family dwellings
where alteration results in an increase in floor area in excess of 50 percent, or 1000 square feet.
This section shall be applicable to mobile homes and factory -built housing not located in a mobile
home or special occupancy park.
8313.2 Determination of Floor Area. For the purposes of this section, floor area shall be
defined as the area within the exterior walls of the building under consideration. The floor area of
a building, or portion thereof, not provided with surrounding walls, shall include the usable area
under the horizontal projection of the roof or floor above.
For the purposes of this section, buildings shall be considered separate when:
The fire separation distance as defined in CBC Sec. 702.1 is not less than that permitted in
CBC Table 705.8 where unprotected openings are allowed in an exterior wall of a non-
sprinklered building, or
2. The buildings are structurally independent, the adjoining walls are constructed of fire -
resistant construction as prescribed in CBC Table 602 without openings or penetrations,
projections comply with CBC Section 705.2, and parapets are constructed where required by
CBC Section 705.11.
D. Add Section R313.3.3.5 to read as follows:
8313.3.3.5 Waterflow Alarm. A local waterflow alarm and remote inspector's test valve,
installed in accordance with NFPA 13, shall be installed on all sprinkler systems.
Chapter 14.05
ELECTRICAL CODE
14.05.010 Modifications of the California Electrical Code.
The California Electrical Code, adopted in Section 14.01.020, is hereby modified, amended, and/ or
supplemented as follows:
A. Adopt annexes A and B. Delete annexes C, D, E, F, G and H. Administration and Enforcement
of the Electrical Code shall be as set forth in the California Building Code. Fees shall be as
prescribed in the Master Fee Schedule.
B. Amend Article 230- 70(A)(1) to read as follows:
230- 70(A)(1) Readily Accessible Location. A service disconnecting means shall be installed at a
readily accessible location either outside the building or other structure, or inside nearest the point of
entrance of the service conductors.
The disconnecting means shall be accessible to emergency personnel, either directly or by a remote
actuating device, without requiring travel through the building interior.
Chapter 14.06
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14.06.010 Modifications of the California-Mechanical Code.
The California Mechanical Code, adopted in Section 14.01.020, is hereby modified, amended, and/ or
supplemented as follows:
A. Delete Division H of Chapter 1 and Table 1 -1. Administration and Enforcement of the
Mechanical Code shall be as set forth in the California Building Code. Fees shall be as
prescribed in the Master Fee Schedule.
B. Adopt appendices A, B, C and D.
Chapter 14.07
Sections:
14.07.010 Modifications of the California Plumbing Code
14.07.020 Retrofitting with water- saving devices required.
14.07.030 Required sewer backwater valve.
14.07.010 Modifications of the California Plumbing Code.
The California Plumbing Code, adopted in Section 14.01.020, is hereby modified, amended, and/ or
supplemented as follows:
A. Delete Division II of Chapter 1 and Table 1 -1. Administration and Enforcement of the Plumbing
Code shall be as set forth in the California Building Code. Fees shall be as prescribed in the
Master Fee Schedule.
B. Adopt appendices A, B, G, I and L. Delete appendices D and K.
C. Add Section 709.5 to read as follows:
709.5 A Backwater Valve, extended to and accessible from grade for maintenance, shall be
installed on every Building Sewer.
Exception: Installation of a Backwater Valve shall not be required when, to the satisfaction of
the Building Official, it is determined that the intent and purpose of this section is otherwise met.
D. Amend Section 713.0 to read as follows:
713.0 Sewer Required.
713.1 Every building in which plumbing fixtures are installed and every premises having
drainage piping thereon shall have a connection directly to a public or private sewer.
713.2 Private Sewage Disposal Systems shall not be permitted.
14.07.020 Retrofitting with water - saving devices required.
A. Every property owner, prior to the sale or transfer of any real property upon which is located
any structure connected to the city's water supply shall retrofit the structure with the water - saving devices
required for new construction as set forth in this title. In cases where the Building Official determines the
use of such fixtures in existing structures would fail to meet the requirements of the Plumbing Code,
fixtures using the least amount of water which do meet the requirements of the Plumbing Code shall be
utilized.
B. In cases where a buyer intends to demolish all structures -on such property within ninety days
from the date of transfer, the structure need not be retrofitted prior to transfer; provided a covenant and a
bond are filed with the city as follows:
1. The property owner shall file with the city clerk a notarized covenant agreeing -to
either demolish all structures located on the property connected to the city water system, within
ninety days from the date of transfer or to perform the retrofit required in subsection A of this
section, together with a faithful performance bond, in a form satisfactory to the city in an amount
equal to one hundred and fifty percent of the full cost of retrofitting all such structures securing
faithful performance of the agreement.
2. The agreement shall also authorize and grant the city permission to enter onto the
property and to perform such retrofit in the event the property owner fails to do so. Further, the
property owner shall agree to reimburse the city for all cost incurred by the City in the event the
bond is insufficient.
C. Determination of compliance with the requirements of subsection A shall be made by the
Building Official after an inspection performed by the Building Official or a qualified plumbing
contractor under the supervision of the Building Official, who shall issue a certificate indicating same to
the seller or title company involved. Seller shall pay the fee set forth in the Master Fee Schedule for such
retrofit inspection at the time seller submits the request for the retrofit inspection. No property transfer
shall be recorded until such certificate has been received by the seller and transferred with the title to the
buyer. If noncompliance is found, the property owner (both seller and buyer) and any title company
involved in the transfer shall be in violation of this code and subject to those penalties as prescribed in
Title 1 of the Morro Bay Municipal Code.
14.07.030 Required sewer backwater valve.
A. Any existing lateral sewer piping upon any premises which services fixtures whose elevation
is lower than the elevation of the first upstream sewer manhole rim, lamp hole, or pump station receiving
manhole, and for which the city has record of a previous sewage backflow incident involving a clogged
sewer main shall be protected from backflow of sewage by installing backwater valves of a type approved
by the Building Official. The property owner shall be required to provide and install such device.
B. If the property owner fails to install and maintain a backwater valve in good working
condition when required under this section, the Building Official may declare said sewer connection to be
a nuisance and abate such nuisance pursuant to Section 8.12.010 et seq. of this code by installing an
approved -type backwater valve at the owner's expense. Said property owner may, in addition, be subject
to fines as outlined in subsection E of this section.
C. All house connection sewers, industrial sewers, private sewage disposal systems and
appurtenances thereto, now existing, or hereafter constructed, shall be maintained by the owner of the
property in a safe and sanitary condition and all devices or safeguards which are required by this section
for the operation thereof shall also be maintained in a good working order by the owner.
D. The director of public works, the health officer, and other duly authorized employees of the
city and the health department bearing proper credentials and identification shall be permitted to enter all
properties for the purposes of inspection, observation, measurement; sampling, and testing in accordance
with the provisions of this section. The director of public works, the health officer, or their representatives
shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining,
ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of
discharge to the sewers or waterways of facilities for waste treatment.
E. Violations and Penalties. Any person who is convicted of violation of any provisions of this
section is guilty of an infraction punishable as provided in Chapter 1.16 of this code.
Chapter 14.08
Sections:
14.08.010.
Purpose.
14.08.020.
Bureau of fire prevention.
14.08.030.
Fire district established.
14.08.040.
Penalties for turning in false alarms.
14.08.050.
Fire injury report.
14.08.060.
Storage of gasoline driven vehicles.
14.08.070.
Citation powers.
14.08.080.
Fire Hazard Severity Zones
14.08.090.
Modifications of the California Fire Code
14.08.010. Purpose.
This chapter shall be known and may be cited as "The Fire Prevention Regulations of the City of Morro
Bay ", Chapter 8 of Title 14 of the Morro Bay Municipal Code. This chapter prescribes minimum
regulations to reduce and minimize the potential for loss of and damage to life and property resulting
from fire, hazardous materials, and explosions.
14.08.020. Bureau of fire prevention.
The California Fire Code shall be enforced by the fire department or building division of the public
services department under the supervision of the Fire Chief.
14.08.030. Fire district established.
The entire incorporated area of the city is declared to be and is established a fire district.
14.08.040. Penalties for turning in false alarms or for conviction of intentionally setting a fire.
Individuals responsible for turning in false alarms shall be responsible for the cost the fire department
incurs while responding to the fire alarm. The cost of the false alarm shall be determined in accordance
with the master fee schedule. The intent of this section is not to penalize those persons who make honest
mistakes. Persons convicted of intentionally setting a fire in violation of any law or ordinance within the
city limits shall pay the cost of fighting that respective fire.
14.08.050. Fire injury report.
Any physician, first aid station, ambulance company or persons who treat or aid any person injured by a
fire, explosion or chemical burn within the municipality shall, within twenty -four hours, report such
treatment and pertinent information to the fire department.
14.08.060. Storage of gasoline driven vehicles.
No one shall store, repair or use any motorcycle, moped or any other gasoline driven vehicle inside of any
dwelling. Storage and repair of gasoline driven vehicles are permitted in garage areas adjacent to
dwellings.
14.08:070. Citation powers.
The Fire- Chief, Fire Marshall and -full -time safety members of the Fire Department shall have the powers
of a Peace Officer in performing their duties under this Code, and shall have the powers of a Peace
Officer as provided in California Penal Code, Sections 830.31 and shall have the authority to issue
citations as provided in Title 1 of the Morro Bay Municipal Code.
14.08.080. Fire Hazard Severity Zones.
A. Purpose and Intent. The purpose of this chapter is to provide authority for the identification
of local fire hazard severity zones and provide authority for enforcement of state and local codes
in these zones. The intent of this chapter is to reduce the potential for fire losses by providing
minimum requirements for the protection of properties constructed in very high hazard severity
zones and other wildland/urban interface areas designated by the fire chief and supported by
substantial evidence.
B. Designation- Recommendation. The fire chief is hereby authorized to designate very high fire
hazard severity zones within one hundred twenty days of receiving recommendations from the
California Department of Forestry and Fire Protection.
C. Designation -Not identified. The fire chief may designate areas not identified as very high fire
hazard Severity Zones by the California Department of Forestry and Fire Protection following a
finding supported by substantial evidence in the record that the requirements for very high fire
hazard severity zones are necessary for effective fire protection within the area(s).
D. Designation- Declined. The fire chief may decline to designate areas identified by the
California Department of Forestry and Fire Protection as very high fire hazard severity zones
following a finding supported by substantial evidence in the record that the requirements for very
high fire hazard severity zones are not necessary for effective fire protection with the area(s).
E. Supported by substantial evidence in the record. "Supported by substantial evidence in the
record" shall require the city council to hold a public hearing and make findings that there is
competent substantial evidence in the record to support the fire chief s designation as fire hazard
areas.
F. Enforcement. The Building Official shall enforce the provisions of Chapter 7A of the
California Building Code and Chapter 47 of the California Fire Code in all very high fire hazard
severity zones and other areas designated by the Fire Chief and supported by substantial evidence
in the record.
G. Permits. All submittals for subdivision, entitlement, or building permits shall demonstrate
that the proposed project allows for compliance with the provisions of Government Code Section
51182 and Public Resource Code Section 4291, except where otherwise allowed by law, to the
satisfaction of the Fire Chief and the Building Official.
14.08.090. Modifications of the California Eire Code.
The California Fire Code, adopted in Section 14.01.020, is hereby modified, amended, and/ or
supplemented as follows:
A. Adopt Appendix Chapter 4 and appendices B, C, D, and H. Delete appendices A, E, F, G, I and J.
B. Section 101.1 is amended to read as follows:
Section 101.1 Title. These regulations shall be known as the Fire Code of the City of Morro
Bay.
C. Section 103.1 is amended to read as follows:
Section 103.1 General. The Fire Department of the City of Morro Bay is hereby established and
the person in charge thereof shall be known as the Fire Chief. Where the Code uses the term Fire
Official, it shall mean the Fire Chief.
D. Section 113.2 is amended to read as follows:
113.2 Schedule of permit fees.
Fees shall be paid in accordance with the Master Fee Schedule.
E. Section 507.5.4 is amended to read as follows:
507.5.4 Obstruction. Unobstructed access to fire hydrants shall be maintained at all times. The
fire department shall not be deterred or hindered from gaining immediate access to fire protection
equipment or fire hydrants.
The Fire Chief shall have the authority to remove or cause to be removed, without notice, any
vehicle, vessel, or object that is in violation of this section. The owner of said item, so removed,
shall be responsible for all towing, storage, or other costs incurred therein.
F. Section 308.1.1.1 is added to read as follows:
308.1.1.1 Burning Prohibited in Residential Neighborhoods. Open burning, bon fires,
recreational fires, and all other outdoor fires are prohibited in residential neighborhoods.
Exception:
Barbeques and portable outdoor fireplaces that conform with the following provision are allowed.
1. Fires shall be conducted at a safe distance from combustible materials and in accordance
with the applicable manufacturer's instructions to prevent the spread of fire to adjacent
structures or other combustible materials.
2. Fire shall be contained in a non - combustible container, not to exceed 3 feet in diameter
and 2 feet in height.
3. Fuel loading shall not exceed 3 feet in diameter or 2 feet in height.
4. Fire shall be fueled by propane, natural gas, charcoal, dried wood, commercial fire logs,
or pellets. Fuels shall not include green waste, yard trimmings, pressure treated wood,
trash, plastic, or other noxious or hazardous materials.
5. Ground fires, sub - surface or pit fires, and earth floored fire rings are prohibited.
6. If in the opinion of the Fire Chief or his or her designee, a fire is potentially hazardous or
smoke is causing a nuisance, the fire shall be extinguished immediately.
G. Section 901.4.5 is added to read as follows:
901.4.5 Partial Sprinkling of Buildings. Partial sprinkling of buildings shall not be permitted,
except where otherwise allowed by NFPA 13R, 13D, and Section 903.3.1.1.1.
H. Delete Sections 903.2 through 903.2.10.1.
I. Add Section 903.2 to read as follows:
903.2 Where Required. An approved automatic fire sprinkler system shall be installed
throughout:
1. All new buildings exceeding 1000 square feet of floor area.
Exceptions:
a. A structure containing only Group A, Division 5 occupancy.
b. Agricultural accessory buildings and greenhouses.
2. All new buildings and structures on the west side of Embarcadero Road.
Exception:
Installation of an automatic fire sprinkler system shall not be required when, to the satisfaction of
the Fire Chief and the Building Official, it is demonstrated that the proposed construction, use,
and occupancy are minor in scope and nature, that the installation of an automatic fire sprinkler
system would be impractical, and that the intent and purpose of this section is otherwise met.
3. All existing buildings exceeding 1000 square feet of floor area, where an automatic fire
sprinkler system does not already exist, and a change in the character of use or occupancy is
made, which increases the fire hazard level.
4. All existing buildings, where alterations result in:
a. An increase in floor area in excess of 50 percent, or
b. An increase_ in floor area in excess of 1000 square feet.
903.2.1 Determination of Floor Area. For the purposes of this section, floor area shall be
defined as the area within the exterior walls of the building under consideration. The floor area of
a building, or portion thereof, not provided with surrounding walls, shall include the usable area
under the horizontal projection of the roof or floor above. .
For the purposes of this section, buildings shall be considered separate when:
1. The fire separation distance as defined in CBC Sec. 702.1 is not less than that permitted in
CBC Table 705.8 where unprotected openings are allowed in an exterior wall of a non -
sprinklered building, or
2. The buildings are structurally independent, the adjoining walls are constructed of fire -
resistant construction as prescribed in CBC Table 602 without openings or penetrations,
projections comply with CBC Section 705.2, and parapets are constructed where required by
CBC Section 705.11.
J. Amend Section 903.3.1.1 to read as follows:
903.3.1.1 NFPA 13 sprinkler systems. Where other provisions of this code require that a
building or portion thereof be equipped throughout with an automatic sprinkler system in
accordance with this section, or where a building contains two or more occupancies or uses,
sprinklers shall be installed throughout in accordance with NFPA 13 as amended in Chapter 47
except as provided in Section 903.3.1.1.1.
K. Section 4504.1 is amended to read as follows:
4504.1 General. Piers, marinas, docks, fuel docks, wharves and similar boat mooring facilities
shall be equipped with fire protection equipment in accordance with Section 4504.2 through
4504.6 and as otherwise required by the Chief.
L. Section 3310 is added to read as follows:
3310. Sale and Use of Fireworks Unlawful. The sale or use of fireworks, pyrotechnics, and
others explosives shall be unlawful.
Exceptions:
The use of fireworks, approved by the State Fire Marshall as "safe and sane," shall be
permitted on private property only.
2. Public fireworks displays may be allowed, subject to the approval of a permit by the Chief.
3. Pyrotechnics for use in movie industry operations may -be allowed, subject to the. approval of
a permit by the Chief.
4. This section shall not apply to the sale and use of State Fire Marshall approved and listed
party poppers and snap caps._
Chapter 14.09
14.09.010 Modifications of the California Existing Building Code
The California Existing Building Code, adopted in Section 14.01.020, is hereby modified, amended, and/
or supplemented as follows and shall be the technical strengthening provisions for buildings subject to
Chapter 14.18 of this title:-
A. Amend Section A102.1 of Appendix Chapter Al to read as follows:
A102.1 General. The provisions of this chapter shall apply to all existing buildings having at least
one unreinforced masonry bearing wall. The elements regulated by this chapter shall be determined
in accordance with Table Al -A. Except as provided herein, other structural provisions of the building
code shall apply. This chapter does not apply to the alteration of existing electrical, plumbing,
mechanical or fire safety systems.
Exception: This section shall not apply to detached one - family or two- family dwellings and
detached apartment houses containing less than five dwelling units and used solely for residential
purposes.
Chapter 14.10
Chapter 14.11
14.11.010 Modifications of the Uniform Housing Code.
The 1997 Uniform Housing Code, adopted in Section 14.01.020, shall have the full force and effect as if
printed here it its entirety and is hereby modified, amended, and/ or supplemented as follows:
A. Amend Section 103 to read as follows:
SECTION 103 -SCOPE
The provisions of this code shall apply to all buildings oT portions thereof used, or designed oT
intended to be used, for human habitation. Such occupancies in existing buildings may be
continued as provided in Chapter 34 of the Building Code, except such structures as are found to
be substandard as defined in this code.
Where any building or portion thereof is used or intended to be used as a combination apartment
house- hotel, the provisions of this code shall apply to the separate portions as if they were
separate buildings.
Rooming houses, congregate residences or lodging houses shall comply with all requirements of
this code for dwellings.
B. Amend Section 104.1 to read as follows:
104.1 Additions, Alterations, or Repairs. For additions, alterations or repairs, see Chapter 34
of the Building Code.
C. Amend the following definitions, located in Section 401, to read as follows:
BUILDING CODE is the 2010 California Building Code, as adopted and amended by this
jurisdiction.
HEALTH OFFICER is the legally designated head of the San Luis Obispo County Department
of Public Health.
MECHANICAL CODE is the 2010 California Mechanical Code, as adopted and amended by
this jurisdiction.
PLUMBING CODE is the 2010 California Plumbing Code, as adopted and amended by this
jurisdiction.
Chapter 14.12
14.12.010 Modifications of the Uniform Code for the Abatement of Dangerous Buildings.
The 1997 Uniform Code for the Abatement of Dangerous Buildings, adopted in Section 14.01.020, shall
have the full force and effect as if printed here in its entirety and is hereby modified, amended, and/ or
supplemented as follows:
A. Amend .Section 103 to read -as follows:
SECTION 103- ALTERATIONS, ADDITIONS AND REPAIRS
All buildings or structures which are required to be repaired under the provisions of this code
shall be subject to the provisions of Chapter 34 of the Building Code.
B. Amend the following definitions, located in Section 301, to read as follows:
BUILDING CODE is the 2010 California Building Code, as adopted and amended by this
jurisdiction.
HOUSING CODE is the 1997 Uniform Housing Code, as adopted and amended by this
jurisdiction.
Sections:
14.18.010
14.18.020
14.18.030
14.18.050
14.18.060
14.18.070
Chapter 14.18
SEISMIC SAFETY PROGRAM
Pu- rpose.
Scope.
Definitions.
Notification.
General requirements.
Administration.
14.18.010 Purpose.
A. The purpose of this chapter is to promote public safety and welfare by reducing the risk of
death or injury that may result from the effects of earthquakes on unreinforced masonry- bearing wall
buildings constructed prior to the county of San Luis Obispo's adoption of the 1955 Edition of the
Uniform Building Code. Such buildings have been widely recognized for sustaining life - hazardous
damage, including partial and complete collapse during moderate to strong earthquakes.
B. The provisions of this chapter are intended as minimum standards for structural seismic
resistance established primarily to reduce the risk of -life loss or injury. Voluntary compliance with these
standards will not necessarily prevent loss of life or injury or prevent earthquake damage to rehabilitated
buildings. This chapter does not require alteration of existing electrical, plumbing, mechanical or fire
safety systems unless they constitute a hazard to life or property.
C. This chapter, in accordance with California Health and Safety Code §_ 19160 through 19169,
provides voluntary compliance and standards for identification and classification of unreinforced
masonry- bearing wall buildings based on their present use.
14.18.020 Scope.
Appendix Chapter One of the Uniform Code for Building Conservation and subsequent additions
and/or amendments is adopted by reference with the same force and effect as if fully set forth in this
section. The provisions of this chapter shall apply to all buildings constructed or under construction prior
to July 1957, which on the effective date of the ordinance codified in this chapter have unreinforced
masonry- bearing walls as defined herein.
Exception: This section shall not apply to detached one - family or two - family dwellings and
detached apartment houses containing less than five dwelling units and used solely for residential
purposes.
14.18.030 Definitions.
For purposes of this chapter, the applicable definitions in Sections 2302 and 2312 of the 1985
Uniform Building Code (hereinafter 1985 UBC) shall apply. Chapters 23 and 24 of the 1985 Edition of
the Uniform Building Code are incorporated herein by reference and adopted for the purposes of this
chapter only and made a part hereof as though set forth full herein.
Where the term "building code" is used in Appendix Chapter One of the Uniform Code for
Building Conservation, the term shall mean the current edition of the California Building Code as adopted
in this title.
A. "Low risk building" means any building, not classified as an essential building, having an
occupant load of less than twenty occupants as determined by Section 3302(1) 1985 UBC.
B. "Medium risk building" means any building, not classified as a high risk building or an
occupant load of twenty occupants or more as determined by Section 3302(x) 1985 UBC.
C. "Unreinforced masonry- bearing wall" means a wall having all of the following
characteristics:
1. Provides the vertical support for a floor or roof,
2. The total superimposed load is over one hundred pounds per linear foot;
3. The area of reinforcing steel is less than twenty -five percent of that required by
Section 2407(b) UBC.
14.18.050 Notification.
The building official shall notify the legal owner of each building within the scope of this chapter
that the building is considered to be one of the general type of structures that historically has exhibited
little resistance to earthquake motion.
14.18.060 General requirements.
The owner of each building within the scope of this chapter may cause a structural analysis of
such building to be made by a civil or structural engineer or architect licensed by the state. If the building
does not meet the minimum earthquake standards specified in this chapter, the owner may either cause it
to be structurally altered to conform to such standards, or cause the building to be demolished.
14.18.070 Administration.
A. Service and Order. A final order, to comply with this chapter as provided in subsection B of
this section, specifying the rating classification of the building, has been issued by the building official to
the owner of each building within the scope of this chapter.
B. Recordation.
1. At the time that the aforementioned order was served, the building official filed
on July 15, 1991, with the office of the county recorder, certificates identifying all subject buildings
within the scope of this chapter.
2. If any building for which an order under this section was served is found not to
be within the scope of this chapter, or as a result of structural alterations or an analysis is found to be
structurally capable of resisting minimum seismic forces required by this chapter, or is demolished;
the building official shall file with the office of the county recorder a certificate terminating the
status of the subject building as being classified within the scope of this chapter.
Chapter 14.40
UNSAFE BUILDINGS
Sections:
14.40.010 Unsafe building defined.
14.40.020 Unsafe buildings or structures declared public nuisances.
14.40.030 Notice and order of building official or fire marshal.
14.40.040 Manner of giving notice.
14.40.050 Method of service.
14.40.060
Proof of service.
14.40.070
Second notice.
14.40.080
Proof of service.
14.40.090
Subpoenas.
14.40.100
Hearing.
14.40.110
Record.
14.40.120
Oaths certification.
14.40.130
Rules.
14.40.140
Oral evidence.
14.40.150
Hearsay evidence.
14.40.160
Admissibility of evidence.
14.40.170
Exclusion of evidence.
14.40.180
Rights of parties.
14.40.190
Inspection of the premises.
14.40.200
Decision of council.
14.40.210
Time to bring action.
14.40.220
Extension of time to perform work.
14.40.230
Failure to commence work.
14.40.240
Procedure for repair or demolition.
14.40.250
Account of expense—Filing of report.
14.40.260
Set for hearing.
14.40.270
Protests and objections.
14.40.280
Hearing of protest.
14.40.290
Assessment.
14.40.300
Collection of assessment.
14.40.010 Unsafe Building defined.
All buildings or portions thereof that are or which may hereafter become substandard as defined
in Health and Safety Code § 17920.3, or any building or structure that is or which may hereafter become a
dangerous building as defined in the Code for the Abatement of Dangerous Buildings shall be known as
"Unsafe Buildings."
14.40.020 Unsafe buildings or structures declared public nuisances.
All unsafe buildings or structures are hereby declared to be public nuisances and shall be abated
by repair, rehabilitation, demolition or removal in accordance with the procedure specified in this chapter.
The Building Official may, as an alternate to the procedure set forth in this chapter, follow those
procedures set forth in the Housing Code and/ or Code for the Abatement of Dangerous Buildings.
14.40.030 Notice and order of Building Official or Fire Marshal.
Whenever the Building Official or Fire Marshal has inspected or caused to be inspected any
building or structure and has found and determined that such building or structure is an unsafe building or
structure, he shall commence proceedings to cause the repair, rehabilitation or demolition of the building
or structure.
1440.040 Manner of giving notice.
The Building Official or Fire Marshal shall issue a notice and order to the recorded owner of the
building. The notice and order shall contain:
1. The street address and a legal description sufficient for identification of the premises on which
the building is located;
2. A statement that the building official has found the building to be unsafe and a public nuisance,
with a brief description of the conditions which render the building unsafe and a public nuisance;
3. An order to secure permits and physically commence within thirty days from the date of service
of the notice and order, and to complete, within ninety days from such date, the elimination of
the described conditions by repair or demolition;
4. A statement advising that if the required repair or demolition work is not commenced within the
time specified, the building official or fire marshal shall institute proceedings for the abatement
of such nuisance before the city council.
14.40.050 Method of service.
Service of the notice and order shall be made upon all persons entitled thereto either personally or
by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to
the recorded owner of the building, at his address as it appears on the last equalized assessment roll of the
county of San Luis Obispo, or as known to the building official or fire marshal.
14.40.060 Proof of service.
Proof of service of the notice and order shall be certified at the time of service by a written
declaration under perjury executed by the person effecting service; declaration, together with any receipt
card returned in acknowledgment of receipt by certified mail, shall be affixed to the copy of the notice
and order retained by the building official.
14.40.070 Second notice.
If the building official or fire marshal determines to proceed with the abatement of such nuisance
through proceedings initiated before the city council, he shall serve a second notice in the same manner as
set forth in Section 14.40.050. He also shall post one copy of the notice, conspicuously, on the building or
buildings to be abated. The notice shall be substantially in the following form, but may include other
information:
NOTICE TO ABATE NUISANCE
You are hereby notified to appear before the City Council of the City of Morro Bay at its meeting
to be held (Date) at (Place of Meeting) at the hour of
o'clock M., or as soon thereafter as you may be heard and show cause, if any, why said
building, located at (Address) Lt. Blk. Tract
Assessors No. should not be declared a public nuisance and said nuisance be abated
by repair, rehabilitation, demolition or removal.
You may be, but need not be, represented by counsel. You may present any relevant evidence and
will be given full opportunity to cross - examine all witnesses testifying against you. You may request the
issuance of subpoenas to compel the attendance of witnesses and the production of books, documents or
other things by filing an affidavit thereof with the City Clerk, City of Morro Bay, California.
Date Building Official or Fire Marshal
14.40.080 Proof of service.
Proof of service shall be as required in Section 14.40.060. Failure of any owner or other person to
receive such notice shall not affect in any manner the validity of any proceedings taken under this chapter.
14.40.090 Subpoenas.
The city clerk of the city of Morro Bay may obtain the issuance and service of a subpoena for the
attendance of witnesses or the production of other evidence at a hearing upon the request of any member
of the city council, the building official, fire marshal, or upon the written demand of any party. The
issuance and service of such subpoena shall be obtained upon the filing of an affidavit therefor which
states the name and address of the proposed witness; specifies the exact things sought to be produced and
the materiality thereof in detail to the issues involved; and states that the witness has the desired things in
his possession or under his control. A subpoena need not be issued when the affidavit is defective in any
particular.
14.40.100 Hearing.
At the time fixed in the notice, the city council shall proceed to hear the testimony of the building
official or fire marshal, the owner or his representative, witnesses, or other persons who may wish to
testify, respecting the condition of the building or buildings.
14.40.110 Record.
A record of the entire proceedings shall be made by tape recording, or by any other means of
permanent recording determined to be appropriate by the city council.
The proceedings at the hearing may also be reported by a phonographic reporter if such reporter
is provided by the owner at his own expense.
14.40.120 Oaths certification.
In any proceedings under this code, the city clerk has the power to administer oaths and
affirmations and to certify to official acts.
14.40.130 Rules.
Hearings need not be conducted according to the technical rules relating to evidence and
witnesses.
14.40.140 Oral evidence.
Oral evidence shall be taken only on oath or affirmation.
14.40.150 Hearsay evidence.
Hearsay evidence may be used for the purpose of supplementing or explaining any direct
.evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over
objection in civil actions in courts of competent jurisdiction in this state.
14.4G.160 Admissibility of evidence.
Any relevant evidence shall be admitted if it is the type of evidence on which responsible persons
are - accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or
statutory rule which might make improper the admission of such evidence over objection in civil actions
in courts of competent jurisdiction in this state.
14.40.170 Exclusion of evidence.
Irrelevant and unduly repetitious evidence shall be excluded.
14.40.180 Rights of parties.
Each party shall have these rights, among others:
1. To call and examine witnesses on any matter relevant to the issues of the hearing;
2. To introduce documentary and physical evidence;
3. To cross - examine opposing witnesses on any matter relevant to the issues of the
hearing;
4. To impeach any witness regardless of which party first called him to testify;
5. To rebut the evidence against him;
6. To represent himself or to be represented by anyone of his choice who is lawfully
permitted to do so.
14.40.190 Inspection of the premises.
The council may inspect the building or premises during the course of the hearing, provided that
notice of such inspection shall be given to the parties before the inspection is made and the parties are
given an opportunity to be present during the inspection.
14.40.200 Decision of council.
The decision of the council shall be in the form of a motion or resolution, declaring its fmds; in
the event that it so concludes, it may declare the building or buildings to be a nuisance and direct the
owner to abate the same within thirty days after the date of passage of the resolution or motion by having
the building properly reconstructed or repaired, or by having the same demolished or removed and
notifying the owner that if the nuisance is not abated, the buildings will be repaired, demolished or
removed by the city and the expense thereof made a lien on the lot or parcel of land upon which the
building is located.
Copies of the decision shall be delivered to the owner as required in Section 14.40.050 and posted
as required in Section 14.40.070.
14.40.210 Time to bring action.
Any owner or other interested person having any objection, or feeling aggrieved at any
proceedings taken by the council in ordering abatement of the nuisance, must bring action in a court of
competent jurisdiction within thirty days after the passage of the resolution or motion declaring the
nuisance to exist to contest the validity of any proceedings leading up to and including the adoption of the
resolution or motion; otherwise all objections will be deemed to have been waived.
14.40.220 Extension of time to perform work.
Upon receipt of an application from the person required to conform to the resolution or motion
and an agreement by such person that he will comply with the resolution or motion if allowed additional
time, the council may, at its discretion, grant an extension of time-. The extended time shall be limited to
the repair, rehabilitation or demolition of the building and will not in any way affect the time to bring an
action in a court of competent jurisdiction.
14.40.230 Failure to commence work.
Thirty days- after the passage of the resolution or motion, if the repair, rehabilitation or demolition
has not been commenced, the city shall be deemed to have acquired jurisdiction to abate such nuisance by
repair, rehabilitation or demolition.
1. The building official shall cause the building or buildings described in such resolution or
motion to be vacated by posting at each entrance thereto a notice reading:
DANGER
THIS STRUCTURE IS DEEMED UNSAFE
DO NOT OCCUPY
BUILDING OFFICIAL OF THE CITY OF MORRO BAY
(Signed)
No person shall use or occupy any building upon which has been posted at each entrance door
thereto a notice as prescribed in this subsection from and after the date of such posting until such building
shall be restored to a condition of safety and stability, as required by the order of the building official,
except that entry may be made to repair, demolish or remove such building. No person shall remove or
deface any such notice so posted until the repairs, demolition or removal ordered by the building official
has been completed and a certificate of occupancy issued pursuant to the provisions of the building code.
2. The city administrator shall have the power, in addition to any other remedy provided in this
chapter, to cause the building to be repaired to the extent reasonably necessary to correct the conditions
which render the building dangerous as set forth in the resolution or motion, or, if the resolution or
motion shall have directed demolition, to cause the building to be sold and demolished or demolished and
the materials, rubble and debris therefrom removed and the lot cleaned. Any such repair or demolition
work shall be accomplished and the cost thereof paid and recovered in the manner hereinafter provided in
this code. Any surplus realized from the sale of any such building, or from the demolition thereof, over
and above the cost of demolition and of cleaning of the lot, shall be paid to the person or persons lawfully
entitled thereto.
14.40.240 Procedure for repair or demolition.
Whenever any work or repair or demolition is to be done pursuant to Section 14.40.230, the city
administrator shall issue an order therefor to the city engineer and the work shall be accomplished by city
personnel or by private contract under the direction of the engineer. Plans and specifications may be
prepared by the city engineer, or he may employ such architectural and engineering assistance on a
contract basis as he may deem reasonably necessary.
14.40.250 Account of expense — Filing of report.
The city engineer shall keep an itemized account of the net expense incurred by the city in the
repairing or demolishing of any building. Upon the completion of the work or repair or demolition, the
city engineer shall prepare and file with the city clerk a report specifying the work done, with itemized net
cost of the work in accordance with the Master Fee Schedule, and a description of the real property upon
which the building or structure is or was located.
14.40.260 Set for hearing.
Upon receipt of the report, the city clerk shall present it to the city council for consideration. The
city council shall fix a time, date and place for nearing the report and any protests or objections thereto.
The city clerk shall cause notice of the hearing to be posted upon the property involved, published once in
a newspaper of general circulation in the city, and served by certified mail, postage prepaid, addressed to
the owner of the property as his name and address appear on the last equalized assessment roll of the
county, if such so appear, or as known to the clerk. Such notice shall be given at least ten days prior to the
date set for hearing and shall specify the day, hour and place when the council will hear and pass upon the
engineer's report, together with any objections or protests which may be filed as provided in this chapter
by any person interested in or affected by the proposed charge.
14.40.270 Protests and objections.
Any persons interested in or affected by the proposed charge may file written protests or
objections with the city clerk at any time prior to the time set for the hearing on the report of the engineer.
Each such protest or objection must contain a description of the property in which the signer thereof is
interested and the grounds of such protest or objection. The city clerk shall endorse on every such protest
or objection the date it was received by him. He shall present such protests or objections to the city
council at the time set for the hearing, and no other protests or objections shall be considered.
14.40.280 Hearing of protest.
Upon the day and hour fixed for the hearing, the city council shall hear and pass upon the report
of the engineer together with any such objections or protests. The council may make such revision,
correction or modification in the report or the charge as it may deem just; and when the council is
satisfied with the correctness of the charge, the report (as submitted or as revised, corrected or modified)
together with the charge, shall be confirmed or rejected. The decision of the city council on the report and
the charge, and on all protests or objections, shall be final and conclusive.
14.40.290 Assessment.
The city council may thereupon order that the charges be assessed against the property, to be
recorded on the assessment roll, and thereafter the assessment shall constitute a special assessment against
and a lien upon the property.
All such assessments remaining unpaid thirty days, as deemed appropriate by the council, from
the date of recording on the assessment roll, shall become delinquent and shall bear interest at the rate of
ten percent per year from and after said date.
14.40.300 Collection of assessment.
The amount of the assessment shall be collected at the same time and in the same manner as
ordinary municipal taxes are collected, and shall be subject to the same penalties and procedure and sale
in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy,
collection and enforcement of municipal taxes shall be applicable to such assessment.
Sections:
14.44.010
14.44.020
14.44.030
14.44.040
14.44.050
14.44.060
14.44.076
14.44.080
Chapter 14.44
FRONTAGE INIPROVEMIENTS
Purpose.
Improvements required.
Limitations.
Exceptions.
Construction by city.
Permit issuance.
Agreement—Bond.
Appeals.
14.44.010 Purpose.
The purposes of the requirements of this chapter are to improve the public health, safety, welfare
and convenience by installation of frontage improvements at locations within the city with high public
pedestrian usage, or where necessary for passage of stormwater runoff and drainage. (Ord. 398 § 2 (part),
1991; Ord. 22 § 1 (part), 1965: prior code § 4403)
14.44.020 Improvements required.
Property owners and/or applicants for development permits shall at their own expense design,
construct and install frontage improvements consisting of curb, gutters, thru -curb drains, sidewalks, street
and street trees along the entire frontage of the subject property and/or shall correct existing deficiencies
in them pursuant to the following provisions:
A. Such improvements shall be constructed by owner /applicant on all properties within
commercial, industrial, or multiple - family residential (R -3 and R -4 zoning) districts within the City.
B. Sidewalk unprovements shall not be required for properties within the single - family (R -1 and
R -2 zoning) district on which a single family home is being constructed or altered.
EXCEPTION: The installation of frontage improvements shall be required where the street(s)
adjoining the property is being developed or redeveloped or has been designated as a pedestrian route, an
arterial street, or collector street by the City Council.
C. Subject to the limitations of Section 14.44.030 such frontage improvements shall be
constructed by owner /applicant as a requirement of city approval of permits for any of the following types
of development on the properties designated in subsections A and B of this section:
1. Change in the density or intensity of use of land including, but not limited to, subdivision
pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and
any other division of land, including lot splits, except where the land division is brought about in
connection with the purchase of such land by a public agency for public recreational use, or
2. Construction, reconstruction, demolition or alteration of the size of any structure, including
any facility of any private, public, or municipal utility, or
3. Change in the occupancy or use of a building from residential purposes to commercial
purposes.
D. Frontage improvements required to be installed pursuant to this chapter shall be constructed
in accordance with the City's Standard Specifications as determined by the City Engineer.
E. Frontage improvements required to be installed pursuant to this chapter shall also include, but
not be limited to, providing trees and tree wells adjacent to the curb of a size and spacing as designated in
the City's Standard Improvement Specifications and Drawings. (Ord. 398 § 2 (part), 1991; Ord. 15 § 2
(part), 1965: prior code § 4400)
14.44.030 Limitations.
Frontage improvements shall be required in relationship to the value of on -site improvements as
set forth in subsections A through C of this section. The value of on -site improvements shall be as
determined by the City Engineer -on the approved building permit.
For remodels and additions to existing structures, but not for new structures, the value of the
following improvements shall not be counted when estimating the total valuation of project
improvements; landscaping, fences, retaining walls,_reroofs, painting, interior decorations and fixtures,
signs and their supports, normal maintenance and repairs, resurfacing of improved parking areas and
structural modifications associated with strengthening of unreinforced masonry buildings pursuant to
Ordinance No. 366.
Where the property is being subdivided, frontage improvements shall be required, to be installed
by the subdivider, in accordance with Title 16 of this Code.
A. Whenever the value of the proposed on -site improvements is greater than 50 percent of the
value of the existing structure as determined by the City Engineer, such frontage improvements shall be
required.
B. Whenever the cumulative value of the proposed on -site improvements including the current
proposal, and all other approvals during the preceding five year period exceeds 50 percent of the value of
the existing structure as determined by the City Engineer, frontage improvements shall be required.
14.44.040 Exceptions.
The requirement for construction of new frontage improvements may be waived or modified by
the Director of Public Services in cases where he determines that existing nonstandard frontage
improvements do not create potential safety hazards for pedestrians or motorists, cause a liability for the
city, result in drainage problems, or compromise handicapped accessibility requirements. In granting such
waivers, the Director of public Services may require any degree of corrective work to existing frontage
improvements he deems necessary. (Ord. 398 § 2 (part), 1991; Ord. 257 § 1, 1984; Ord. 22 § 1 (part),
1965: prior code § 4401)
14.44.050 Construction by city.
A. Whenever the approval requested from the city is for additional development on a currently
developed property (as distinguished from a vacant property or a full demolition and reconstruction), the
applicant may request the city to construct the required frontage improvements concurrent with the
private on -site improvements at the city's cost under a reimbursement agreement whereby the
owner /applicant agrees to repay the city in full and in a form acceptable to the city. Such arrangements
must be mutually agreeable to both parties. Full reimbursement to the city shall be in equal annual
installments including interest over a period not to exceed five years.
B. The city shall place a lien on the property and/or shall obtain other financial securities as set
forth in Section 14.44.070 of this chapter. Such agreements shall be approved by the city council upon
recommendation of the city administrator. (Ord. 398 § 2 (part), 1991; Ord. 24 § 1, 1965: prior code §
4404)
14.44.060 Permit issuance.
No building permit or development approval shall be issued for any projects determined to
require frontage improvements under the provisions of this section, until plans for the required
improvements have been submitted to and approved by the director of public works. No final occupancy
approval shall be granted by the building official until all required improvements have been installed to
the satisfaction of the director of public works. (Ord. 398 § 2 (part), 1991)
14.44.070 Agreement —Bond.
Prior to the issuance of a building permit, all persons required to install frontage improvements
under the provisions of this ordinance, shall execute with the city an agreement to install the
improvements in accordance with the provisions of this section and shall post financial security in a form
acceptable to the finance director in an amount -of one hundred fifty percent of the estimated cost of the
improvements and related work as approved by the director of public works. (Ord. 398 § 2 (part), 199 1)
14.44_080 Appeals.
Any person aggrieved by the requirements of this section shall have the right to appeal to the
punning commission. If an appeal is made, it must be filed with the community development department
not later than ten calendar days after the applicant is formally notified of the required improvements. The
appeal shall state the reason why the requirements are inconsistent with the provisions of the ordinance
codified in this chapter and should not be applied. The planning commission may grant the appeal and
waive all or part of the requirements when, based on a report by the director of public works, it is
determined the following conditions exist:
A. That the waiver of improvements shall not constitute a grant of special privilege inconsistent
with the limitations upon other properties in the vicinity and district in which the subject property is
situated; and
B. That because of special circumstances applicable to the subject property, including size,
shape,_ topography, location or surroundings, the strict application of this section is found to deprive
subject property of privileges enjoyed by other properties in the vicinity and under identical zone
classification; and
C. That the waiver is found inconsistent with the intent of the general plan; or
D. That such improvements already exist in good condition and conform to city standard
specifications on the entire property frontage; or
E. The property involved is part of an area within which construction of such improvements has
been budgeted by the city, or is within an approved assessment district;
F. That waiver of the required improvements will not create potential safety hazards for
pedestrians or motorists, cause a liability for the city, result in drainage problems, or compromise
handicapped accessibility requirements.
Any person aggrieved by the decision of the planning commission shall have the right of further
appeal to the city council on the same basis as the appeal to the planning commission. (Ord. 398 § 2
(part), 1991)
Chapter 14.48
Sections:
14.48.010 Purpose.
14.48.020 Applicability
14.48.030 Improvements Required
14.48.010 Purpose.
The purposes of the requirements -of this chapter are to:
Prevent water quality degradation and prevent erosion and sedimentation of creeks, streams, bay
and other water bodies;
Prevent damage to property from increased runoff rater and volumes;
Establish sound developmental policies which protect and preserve the city's water resources;
Protect city streets and rights -of -way from damage due to inadequately controlled runoff and
erosion;
Preserve and enhance the aesthetic quality of the City's water resources;
Protect the health, safety and welfare of the inhabitants of the city;
Further the goals of no net negative impact caused by quantity of runoff entering streams and no
net negative change in the quality of runoff entering streams through the implementation of best
management practices; and
Minimize erosion and control sediment from land development and land disturbing activities.
14.48.020 Applicability.
Stormwater runoff from all improved areas of a development or redevelopment site resulting
in 2,500 ft2 of impervious surface shall be treated in accordance with the Best
Management Practices (BMP) published in the most current edition of the California
Stormwater Quality Association's Best Management Practices Handbook.
For the purpose of water quality design, peak flows BMPs shall be designed to treat the
runoff from 28% of the 2 -year storm event and volumetric BMPs shall be designed to
treat the runoff from a 1 inch/24 hour storm event.
For the purposes of water quantity design, peak runoff shall be managed to prevent any
significant increase in downstream peak flows, including 2 -year, 10 -year, 50- year, and
100 -year events. Significant is an increase of over 5 percent at and immediately
downstream of the project site. Roof areas and roof replacement are exempt from this
water quality requirement.
For the purpose of this section, redevelopment means on an already developed parcel, the
creation or addition of impervious surfaces; structural development including
construction, installation or expansion of a building or other structure and/or replacement
of impervious surface that is not part of a routine maintenance activity; and land-
disturbing activities associated with structural or impervious redevelopment that results in
a total of 2,500 ft2 of impervious surface.
For the purposes of Erosion and Sediment Control, development or redevelopment of sites
less than one -half acre or less than 15 percent average slope shall require a standard
erosion control plan; on sites one -half acre or greater or 15 percent average slope or
greater a detailed erosion control plan is required. Sites greater than one acre will require
a Construction Permit issued by the State and a Stormwater Pollution Prevention Plan
( SWPPP). The SWPPP shall be submitted to the City for approval prior to construction.
14.48.030 Improvements required.
Property owners and/or applicants for development permits shall at their own expense design,
construct and install stormwater control facilities meeting the r-equirerients of 1.4.48.020 pursuant the
City's Engineering Standards and Specifications and the California Stormwater Quality Association's
Best Management ?ractice Manual or as approved by the City Engineer. Erosion and sediment control
measures shall be in place from October 1 through April 30 of each year.
Sections:
14.52.010
14.52.020
14.52.030
14.52.040
14.52.050
14.52.060
14.52.070
14.52.080
14.52.090
14.52.100
14.52.110
14.52.120
14.52.130
Chapter 14.52
Floating docks.
Definitions.
Permits required.
Application for permit.
Parking requirements.
Safety.
Sanitation.
Floating dock construction.
Large floating dock construction.
Small private floating dock construction.
Materials except for private floating docks.
Flotation for all floating docks.
Gangway design.
14.52.010 Floating docks.
The intent of this chapter is to regulate floating docks and marina construction as defined in this
chapter within the city limits. The design and specification criteria is in addition to all other city codes,
ordinances and rules and regulations and is in addition to applicable laws or statutes of the United States
or the state and to any applicable rule, regulation, or order of any state or federal agency. (Ord. 37 § 1
(part), 1965: prior code § 4270)
14.52.020 Definitions.
A. "Floating dock" means a moorage for boats, ships and sailing vessels supported by a buoyant
method acceptable to this chapter which may or may not be attached to land. For purposes of this chapter,
floating docks are further classified in this section as public floating docks and private floating docks
limited to single family use.
B. "Floating marina" means a moorage defined as a floating dock which has buildings or
equipment and/or structures on it used for service to boats. (Ord. 37 § 1 (part), 1965: prior code § 427 1)
14.52.030 Permits required.
It is unlawful for any person to commence, or cause to be commenced, any construction of any
floating dock or marina or other similar work governed by this chapter without having first obtained a
permit evidencing approval of the city building department of all construction plans, specifications and
schematic and working drawings pursuant to which such structure is to be constructed, all as provided in
this chapter. After the issuance of such permit and approval of such plans and specifications and other
documents, the construction of such approved structure or facility shall be in strict compliance with such
approved plans, specifications and documents. See Master Fee Schedule. (Ord. 225 § 78, 1982; Ord. 37 §
1 (part), 1965: prior code § 4272(a))
14.52.040 Application for permit.
The applicant for a permit for the construction of any floating dock or marina or other facility of a
similar nature governed by this chapter shall submit to the planning and building department of the city
the following:
A. Three copies each of the plot plan (including the parking layout), full construction plans and
specifications, complete working drawings, schematic drawings of electrical and mechanical work, and
other similar documents;
B. Evidence that an encroachment permit has been obtained from the city if the construction
work is to be done on or abutting city property;
C. Evidence that the applicant has the approval of the owner of the property over which the
facility is to be located and the abutting land area to construct such facility;
D. Evidence that the applicant has complied with all applicable statutes and laws of the United
States, or the state, and with all applicable rules, regulations and orders of any state or federal agency;
E. Where the approval of any other city or county department or agency is required, evidence
that such approval has been obtained;
F. Where the applicant seeks a permit for construction of a floating marina or any floating dock
in excess of four hundred square feet in area or fifty feet in length measured perpendicular to the
shoreline, evidence that a licensed civil engineer has prepared the plans -and specifications for the
construction thereof,
G. The complete design criteria on which the plans and - specifications for such facility are based,
including the severity of the design wave action; and
H. Any other information reasonably required by the planning and building department in order
to evaluate the proposed facility. (Ord. 37 § 1 (part), 1965: prior code § 4272(b))
14.52.050 Parldng requirements.
A. Commercial boat docking facilities shall provide one vehicle parking space for each one and
one -half mooring spaces and/or each twenty -five lineal feet of dock, plus one added space for each two
employees. Parking spaces shall be located within one thousand feet of the mooring or dock spaces.
B. Parking requirements for commercial facilities housed in buildings, such as restaurants,
which are used in conjunction with a marina or dock facility shall be the same as required by Title 17,
zoning.
C. All other parking shall conform to the standards established in Title 17, zoning. (Ord. 66 §
16, 1967; Ord. 37 § 1 (part), 1965: prior code § 4273)
14.52.060 Safety.
Firefighting appliances and equipment shall be provided and maintained in an operable manner
for all commercially operated marinas and dock facilities, as specified by ordinances of the city, and all
installations shall be subject to the approval of the chief of the fire department.
Domestic water service to any floating facility shall meet minimum requirements established by
the department of public works, and the county health department and such approval shall be made a part
of the construction plans.
All commercial piers, floats and docks used for loading of passengers shall be illuminated at a
minimum five footcandle level for all such loading areas.
All railing on floating facilities shall be designed for a minimum twenty pound lineal foot
horizontal load applied at the top railing. The minimum height of the railing shall be forty -two inches
above adjacent floor level. (Ord. 37 § 1 (part), 1965: prior code § 4274)
14.52.070 Sanitation.
Removal of sewage from floating facilities shall be subject to the approval of the department of
public works and the county health department and approval of the method of disposal desired shall be
obtained at the time the construction plans are submitted. In addition to other sanitary requirements for
buildings, all public floating docks or floating marinas shall have a minimum of two restroom facilities
(one for male and one for female) for each seventy -five mooring spaces available. The maximum walking
distance from boat berth to restroom shall not exceed four hundred feet. (Ord. 37 § 1 (part), 1965: prior
code § 4275)
14.52.080 Floating dock construction.
Construction requirements for a floating dock less than two thousand square feet, except private
floating docks less than four hundred square feet, are as follows:
Pier width — 4'0" minimum
Gangway width — 3'0" minimum
Main access width — 6' for finger floats 35' or less in length.
8' for over 35' finger length or when
main access float exceeds 350'.
Finger float width — 3' minimum for 30' or less in length.
4' minimum for over 30' in length.
All docks shall be designed for boat moorage on at least one side of the boat unless otherwise
approved by the building official. Guardrails shall be provided on all access piers and gangways and
floats intended for gathering places such as food distribution areas and similar service areas.
The clear water dimension between opposing rows of finger floats shall be a minimum of 1.75
times the length of the longest finger float. (Ord. 3 7 § 1 (part), 1965: prior code § 4276.1)
14.52.090 Large floating dock construction.
Construction requirements for large floating docks (over two thousand square feet of float area)
are as follows:
Pier width — 8'0" minimum.
Gangway width — 4'0" minimum.
Fueling float or similar service areas — 10' minimum width.
Finger floats 4'0" minimum width.
The clear water dimensions between opposing rows of finger floats shall be a minimum of two
times the length of the longest finger float.
Guide piles shall be installed at ends of all fingers attached to outboard end of main access float
and at all floats exceeding thirty -five feet in length in ocean waters and inland waters not subject to
fluctuation. Maximum spacing of guide piles for main floats shall be forty feet. Piles shall meet the
requirements of the Uniform Building Code. (Ord. 37 § 1 (part), 1965: prior code § 4276.2)
14.52.100 Small private floating dock construction.
Small private floating docks (less than four hundred square feet, etc.) shall meet flotation and
anchorage requirements of this chapter. (Ord. 37 § 1 (part), 1965: prior code § 42763)
14.52.110 Materials except for private floating docks.
Flotation units shall be made of one of the following types of material: Concrete, pressure molded
fiberglass, reinforced plastic, or an expanded cellular plastic material coated with an approved material to
prevent physical or chemical damage.
Iron and steel parts shall be heavily galvanized or equally protected with a corrosion resistant
coating.
Deck surfaces may be either concrete, plastic or wood. Lumber shall be a minimum of one and
five - eighths inches net thickness. Plywood shall be marine exterior of three - fourths inches minimum
thickness. All surfaces shall have a nonslip finish.
All lumber shall receive a full cell process salt preservative treatment in accordance with the
specifications of the American Wood Preservers' Association. (Ord. 37 § 1 (part), 1965: prior code §
4277)
14.52.120 Flotation for all floating docks.
A. Design Loads. All portions of facility shall be designed to resist full dead load plus live loads.
All buoyant units shall resist full design loads with maximum seventy -five percent submergence of unit.
B. Lateral Loads. All portions of facility shall be designed according to minimum requirements
of the Uniform Building Code.
C. Vehicular Loads. All portions of facility shall be designed in accordance with the standard
specifications for highway bridges as adopted by the American Association of State Highway Officials.
D. Finger Floats and Main Access Floats. The minimum design live load shall be fifteen pound
square feet or a five hundred pound concentrated load on one square foot at any location, whichever
causes the worst condition.
E. Fueling floats and Similar Service Area Floats. The-minimum design live load shall be twenty
pound square feet or a five hundred pound concentrated load on one square foot at any location,
whichever causes the worst condition. (Ord. 37 § 1 (part), 1965: prior code § 4278)
14.52.130 Gangway design.
Gangways shall be provided at the end of all main floats. Where the gangway rests on the main
float, adequate width shall be provided at the main float to provide clear width of eight feet on one side or
four feet on each side of the gangway to the edge of the main float.
Gangways shall be designed for a live load of fifty pound square feet minimum. Special float
conditions may require a greater live load to be considered, subject to the approval of the building
official. (Ord. 37 § 1 (part), 1965: prior code § 4279)
Chapter 14.56
Sections:
14.56.010
Scope.
14.56.020
Permit application.
14.56.030
Conditions prohibiting issuance of permit.
14.56.040
Restorable buildings permitted.
14.56.050
Investigations and appeal.
14.56.060
Terms and conditions of permit.
14.56.070
Form of terms and conditions.
14.56.080
Notice of moving.
14.56.090
Time of issuance.
14.56.100
Protests filed.
14.56.110
Place of filing.
14.56.120
Forwarding of protests.
14.56.130
Term of denial.
14.56.140
Conditions and terms of council action.
14.56.150
Procedure for moving building — Posting of bonds.
14.56.160
Terms of bond.
14.56.170
Deposits allowed.
14.56.180
Conditions of permits mandatory.
14.56.190
Termination of bond.
14.56.200
Refunds.
14.56.210
Default.
14.56.220
Contents of notice.
14.56.230
Required performance.
14.56 240
Work by contract.
14.56.250
Inspection.
14.56.260
Completion by surety.
14.56.270
Building permit fee required.
14.56.280
Application fee required.
14.56.290
Moving application and inspection fees designated.
14.56.300
Building permit fee — Refund.
14.56.310
Penalty payments.
14.56.010 Scope.
A person shall not relocate on or move onto any premises or lot within the incorporated area of
the city any building, house or other structure, except a contractor's tool house, construction building or
similar structure which is moved as construction requires, until he first obtains from the planning and
building department a permit for such moving, and building permit for necessary and required alterations,
repairs, and additions. Transit permits are required by both the city and the state for moving buildings on
public roads. (Ord. 36 § 1 (part), 1966: prior code § 4500)
14.56.020 Permit application.
Every application for a moving permit shall be in writing upon a form furnished by the building
official and shall set forth such information as the building official may reasonably require in order to
carry out the purpose of this chapter. (Ord. 36 § 1 (part), 1966: prior code § 4501)
14.56.030 Conditions prohibiting issuance of permit.
Except as otherwise provided in this chapter, the building official shall not issue a moving permit
for any building or structure which:
A. Is so constructed or in such condition as to be dangerous;
B. Is infested with pests or is unsanitary;
C. If it is a dwelling for habitation, is unfit for such use;
D. Is so dilapidated, defective, unsightly or in such condition of deterioration or disrepair that its
relocation at the proposed site would cause appreciable harm to or be materially detrimental to the
property or improvements in the district;
E. Is intended for a use which is prohibited by any zoning ordinance, land use or any other
ordinances;
F. If the structure is of a type prohibited at the proposed location by this or by any other law or
ordinance. (Ord. 36 § 1 (part), 1966: prior code § 4502)
14.56.040 Restorable buildings permitted.
If the condition of the building or structure in the judgment of the building official admits of
practicable and effective repair he may issue a moving permit upon conditions as provided in this chapter.
(Ord. 36 § I (part), 1966: prior code § 4503)
14.56.050 Investigations and appeal.
With respect to any application under this chapter, the building official may make or cause to be
made any investigation which he believes necessary or helpful in order to carry out the purpose of this
chapter, and he may petition to the city council for instructions as to any matter involving any such
application. (Ord. 36 § 1 (part), 1966: prior code § 45 04)
14.56.060 Terms and conditions of permit.
The building official shall grant or deny the application in compliance with this code unless a
protest is filed as provided in this chapter. Prior to the issuance of a moving permit, the building official
shall impose thereon such terms and conditions as are necessary to make the building or structure comply
with all the requirements of the building regulations of the city, and may impose thereon such other terms
and conditions as he may deem reasonable and proper, including, but not limited to the requirements of
changes, alterations, additions or repairs to be made to or upon the building or structure, to the end that
the moving thereof will not be materially detrimental or injurious to public health, safety or welfare or to
the property and improvements, or either, in the district to which it is to be moved. (Ord. 36 § I (part),
1966: prior code § 4505)
14.56.070 Form of terms and conditions.
The terms and conditions upon which each permit is granted shall be written upon the application
or appended in writing thereto. (Ord. 36 § 1 (part), 1966: prior code § 4506)
14.56.080 Notice of moving.
When such application is filed with the required information, the building official shall cause
moving notice cards to be posted for fifteen consecutive days upon the building or structure to be moved
and at the premises where the building or structure is to be moved. (Ord. 36 § 1 (part), 1966: prior code §
4507)
14.56.090 Time of issuance.
No permit shall be issued before the expiration of fifteen days from the date of the posting of the
moving notice cards. (Ord. 36 § 1 (part), 1966: prior code § 4508)
14.56.100 Protests filed.
Any protest against the moving of said building or structure shall be filed within fifteen days of
the posting of the moving notice cards and shall be signed by two or more individual property owners of
the surrounding area, within one thousand feet of the site. The applicant may protest the decision of the
building official granting or denying the application or imposing restrictions or conditions thereon within
ten days of such decision of such building official. (Ord. 36 § 1 (part), 1966: prior code § 4509)
14.56.110 Place of filing.
Any protest shall be in writing and filed in the office of the'Cuilding official of the city. (Ord. 36 §
1 (part), 1966: prior code § 45 10)
14.56.120 Forwarding of protests.
The building official shall cause such protest to be presented to the city council at the first regular
meeting period. Upon the protest being received by the city council, the council may set a date for hearing
the protest, and the council may appoint a committee, which committee may consist partly or entirely of
members of the council or consist entirely of nonmembers of the council, to investigate the protest and
recommend to the city council at such hearing whether or not the building or structure shall be moved.
Notice of the hearing shall be published at least once in a newspaper of general circulation within the city
at least ten days prior to such hearing, or, in the alternative, the city clerk may notify the applicant and all
protestants who have filed protests against such application by ordinary mail, addressed to the last known
address of the applicant and such protestants as shown on the protests filed with the building official at
least ten days prior to said hearing. Such hearing may be continued from time to time at the discretion of
the city council. Within thirty days after the close of such hearing, the city council shall grant or deny
such application. (Ord. 36 § 1 (part), 1966: prior code § 4511)
14.56.130 Term of denial.
In the event the city council denies the application after notice and hearing, a second application
to move the same building or structure to the same property and address shall not be applied for, nor
permit granted therefor, within six months from and after the date of the city council's denial of the
application to move the building or structure. (Ord. 36 § 1 (part), 1966: prior code § 4512)
14.56.140 Conditions and terms of council action.
In the event that the city council grants the application after notice and hearing, the building
official shall issue a permit therefor, subject to such terms and conditions as may be imposed, providing
all other requirements of this chapter have been fulfilled. (Ord. 36 § 1 (part), 1966: prior code § 45 13)
14.56.150 Procedure for moving building — Posting of bonds.
The building official shall not issue a moving permit unless the owner of the building or a
licensed contractor shall first post with the building official a bond executed by the permittee, as
principal, and by a surety company authorized to do business in the state, as surety, or makes a deposit as
provided in this chapter. (Ord. 36 § 1 (part), 1966: prior code § 4514)
14.56.160 Terms of bond.
The surety bond required by this chapter shall:
A. Be in form joint and several;
B. Name the city of Morro Bay as obligee;
C. Be in the amount equal to the estimated cost plus ten percent of the work required to be done
in order to comply with all the conditions of the moving permit, such estimate to be approved by the
building official. (Ord. 36 § 1 (part), 1966: prior code § 4515)
14.56.170 Deposits allowed.
The deposit, if made in place of the surety bond, shall also be equal to the cost plus ten percent of
such work. (Ord. 36 § 1 (part), 1966: prior code § 4516)
14.56.180 Conditions of permits mandatory.
Every bond posted and every deposit made pursuant to this chapter shall be conditioned as
follows:
A. That each and all of the terms and conditions of the moving permit shall be complied with to
the satisfaction of the building official;
B. That all of the work required to be done pursuant to the conditions of the moving permit shall
be fully performed and completed within the time limit specified in the moving permit. If no time limit is
specified, the work shall be completed within ninety days after the date of this issuance of the moving
permit. The time limits herein specified or the time limit specified in any permit issued within the
provisions of this section may be extended for good and sufficient cause, either before or after said time
period has expired, by a written order of the building official. (Ord. 36 § 1 (part), 1966: prior code §
4517)
14.56.190 Termination of bond.
The terms of each bond posted pursuant to this chapter shall end upon the completion to the
satisfaction of the building official of the performance of all the terms and conditions of the moving
permit. (Ord. 36 § 1 (part), 1966: prior code § 4518)
14.56.200 Refunds.
When a cash bond has been posted, the building official shall authorize the return of the cash to
the depositor or to his successors or assigns upon the termination of the bond, except any portion thereof
that may have been used or deducted as elsewhere in this chapter provided. (Ord. 36 § 1 (part), 1966:
prior code § 4519)
14.56.210 Default.
Whenever the building official finds that a default has occurred in the performance of any term or
condition of any moving permit, he shall give written notice thereof to the principal and to the surety on
the bond. Such notice shall be served upon the principal and the surety by depositing the same in the
United States mail, postage prepaid, addressed to the recipient at the last known address as shown by the
records of the building official. Such notice shall be deemed to be given on the date such notice is so
deposited in the United States mail. (Ord. 36 § 1 (part), 1966: prior code § 4520)
14.56.220 Contents of notice.
In a notice of default the building official
thereof, and the period of time deemed by him to
work. (Ord. 36 § 1 (part), 1966: prior code § 4521)
shall state the work to be done, the estimated cost
be reasonably necessary for the completion of such
14.56.230 Required performance.
Within the time specified in the notice of default, the surety shall cause the required work to be
performed. (Ord. 36 § 1 (part), 1966: prior code § 4522)
14.56.240 Work by contract.
If a cash bond has been posted, the building official shall give notice of default, as provided in
Sections 14.56.210 and 14.56.220, to the principal, and if compliance is not had within the time specified,
the building official shall proceed without delay and without further notice or proceeding whatever, to use
the cash deposit or any portion of said deposit to cause the required work to be done by contract or
otherwise in his discretion. The balance, if any, of cash deposit, upon completion of the work, shall be
returned to the depositor or to his successors or assigns after deducting the cost of the work plus ten
percent thereof (Ord. 36 § 1 (part), 1966: prior code § 4523)
14 56.250 Inspection.*
The building official, the surety and the duly authorized representatives of either shall have
access to the premises described in the moving permit for the purpose of inspecting the progress of work.
(Ord. 36 § 1 (part), 1966: prior code § 4524)
* For specific provisions regarding right of entry, see Chapter 1.08 of this code.
14.56.260 Completion by surety.
In the event of any default in the performance of any term or condition of the moving permit, the
surety or any person employed or engaged on its behalf or any persons employed or engaged on his
behalf, may enter upon the premises to complete the required work or to remove the building or structure
pursuant to the terms and conditions of the permit. (Ord. 36 § 1 (part), 1966: prior code § 4525)
14.56.270 Building permit fee required.
Before a permit is issued for the moving of a building or structure, a building permit shall be
applied for and a fee therefor in accordance with the Master Fee Schedule should be paid to the planning
and building department in accordance with the fee schedules adopted by City Council.
14.56.280 Application fee required.
In addition to the building permit fees in Section 14.56.270, an application fee shall accompany
each application to cover costs of processing said application, inspection of the building and premises,
route approval and other matters in connection therewith and said fee shall not be refunded in the event
that said application is denied or is for any reason withdrawn. (Ord. 36 § 1 (part), 1966: prior code §
4526.2)
14.56.290 Moving application and inspection fees designated.
Moving application and inspection fees shall be as follows:
A. For moving a building or structure from one location to another location within the city the
fee shall be in accordance with the Master Fee Schedule;
B. For moving a building or structure from an area outside of the city into the city the fee shall
be in accordance with the Master Fee Schedule. (Ord. 225 §§ 80 and 81, 1982; Ord. 36 § 1 (part), 1966:
prior code § 45263)
14.56.300 Building permit fee — Refund.
In the event that the building permit hereunder is denied or withdrawn, or for any other reason
upon good cause shown, the building official may authorize a refund to the applicant of the building
permit fees theretofore paid; provided, however, that the moving application and inspection fee shall not
be refunded. (Ord. 36 § 1 (part), 1966: prior code § 4526.4)
14.56.310 Penalty payments.
Failure to obtain a permit in accordance with this chapter before moving the building shall cause
a penalty of double fees to be assessed against the applicant or removal of the building or prosecution of
any violator as set forth in Chapter 1.16 or any combination of such penalties. Said penalty payments
shall not relieve any persons from fully complying with other requirements of this chapter. (Ord. 36 § 1
(part), 1966: prior code § 4526.5)
Sections:
14.62.010
14.62.020
14.62.030
14.62.040
14.62.050
14.62.060
Chapter 14.62
SELF- INSPECTION FIRE SAFE T Y PROGRAM
Purpose and intent.
Business Group B premises defined.
Established.
Functions.
Violation—Penalty.
Liability for damages.
14.62 -010 Purpose and intent.
It is the purpose of this chapter, by the creation of a fire safety self - inspection program, to
promote the public health, safety and welfare by better protecting the citizens of Morro Bay from the
dangers to life and property caused by fire and panic. The new program will:
A. Better insure that regular annual inspections of premises within the city occur;
B. Provide better fire prevention and fire prevention education to the public;
C. Minimize expenditure of public money for annual inspections of premises within the city;
D. Minimize inconvenience and work interruptions to owners of premises to be inspected. (Ord.
315 § 1, 1987)
14.62.020 Business Group B premises defined.
The term "Business Group B premises," as used in this chapter, means those drinking and dining
establishments having an occupant load of less than fifty, wholesale and retail stores, office buildings,
printing plants, municipal police and fire stations, factories and workshops using materials not highly
flammable or combustible, storage and sales rooms for combustible goods, paint stores without bulk
handling and buildings or portions of buildings having rooms used for educational purposes beyond the
twelfth grade with less than fifty occupants in any room, all as defined in Section 202 of the California
Fire Code. (Ord. 315 § 3, 1987)
14.62.030 Established.
A fire safety self - inspection program is established to be administered and conducted as set forth
in this chapter. (Ord. 315 § 2, 1987)
14.62.040 Functions.
A. The fire department has authority to prepare and distribute self - inspection worksheet forms to
the owner or person having control of each of the Business Group B premises within the city on an annual
basis.
B. The owner or person having control of the premises shall conduct an inspection for fire safety
following directions contained within the self-inspection forms, complete such forms and return
completed forms to the fire department within fifteen calendar days from issue date, as shown on the self -
inspection worksheet. (Ord. 315 § 4, 1987)
14.62.050 Violation Penalty.
Failure to conduct the required inspection to complete and/or return the self - inspection
worksheets within the time specified shall constitute a misdemeanor /infraction punishable as set forth in
Title 1 of this code. Any person knowingly or intentionally misrepresenting any material fact on the self -
inspection forms is guilty of a misdemeanor /infraction punishable as set forth in Title 1 of this code. (Ord.
315 § 5, 1987)
14.62.060 Liability for damage&
This code shall not be construed to hold the public entity or any officer or employee responsible
for any damage to persons or property by reason of the inspection or re- inspection authorized in this
chapter, or by reason of the approval or disapproval of any equipment or process authorized in this
chapter, or for any action in connection with the control or extinguishment of any fire or in connection
with any other official duties. (Ord. 315 § 6, 1987)
Sections:
14.68.010
14.68.020
14.68:030
14.68.040
14.68.050
14.68.060
14.68.070
14.68.080
14.68.090
14.68.100
14.68.110
Chapter 14.68
WELLS
Purpose.
Definitions.
Permit required.
Chapter and permit compliance required.
Construction of individual domestic wets.
Permit applications.
Permit application fees.
Expiration of permit.
Permit qualification.
Bonds.
Conditions.
14.68.120
Term, completion of work.
14.68.130
Reports.
14.68.140
Appeal procedure.
14.68.150
Inspection.
14.68.160
Standards.
14.68.170
Public nuisance.
14.68.180
Immediate abatement.
14.68.010 Purpose.
It is the purpose of this chapter to provide for the construction, repair, modification and
destruction of wells in such a manner to safeguard the municipal water system and to prevent reduction of
capacity of city owned and/or operated wells, and that the ground water of the city will not be
contaminated or polluted and that water obtained from wells will be suitable for beneficial use and will
not jeopardize the health, safety or welfare of the people of the city. (Ord. 111 § 1 (part), 1973: prior code
§ 3400)
14.68.020 Definitions.
For the purpose of this chapter, the following words and phrases are defined and shall be
construed as hereinafter set out, unless it is apparent from the content that they have a different meaning:
A. "Abandoned" or "abandonment" apply to a well which had not been used for a period of one
year, unless the owner declares in writing to the health officer, through the director of public works, his
intention to use the well again for supplying water or other associated purpose (such as an observation
well or injection well) and received approval of such declaration. All such declarations shall be renewed
annually. Test holes and exploratory holes shall be considered abandoned twenty -four hours after
construction work has been completed, unless otherwise approved by the health officer.
B. "Agricultural wells" means water wells used to supply water for irrigation or other agri-
cultural purposes, including stock wells.
C. "Cathodic protection wells" means any artificial excavation in an aquifer or in excess of fifty
feet, constructed by any method for the purpose of installing equipment or facilities for the protection
electrically of metallic equipment in contact with the ground commonly referred to as cathodic protection.
D. "Community water supply well" means a water well for domestic purposes in systems subject
to Chapter 7 of Part 1 of Division 5 of the California Health and Safety Code.
E. "Completion" or "completion operation" means any work conducted after artificial
excavation to include:
1. Placement of well casing;
2. Gravel packing;
3. Sealing;
4. Casing perforation; or
5. Other operations deemed necessary by the health officer.
F. "Contamination" means an impairment of the quality of water to a degree which .creates a
hazard to the public health through poisoning or through spread of disease.
G. "Destruction" or "destroy" means the complete filling of a well in such a manner that it will
not produce water or act as a conduit for the interchange of water, when such interchange will result in
deterioration of the quality of water in any water - bearing formations penetrated.
H. `Electrical grounding well" means any artificial excavation in an aquifer or in excess of fifty
feet, constructed by any method for the purpose of establishing an electrical ground.
I. "Health officer" means the San Luis Obispo county health officer, his medical deputies, his
sanitarians, or his-duly authorized representatives shall perform the duties as the Morro Bay health officer
in accordance with Section 1.04.130 of this code.
J. "Individual domestic well' means a water well used to supply water for domestic needs of an
individual residence or commercial establishment.
K. "Industrial wells" means water wells used to supply industry on an individual basis.
L. "Modification" or "repair" means the deepening of a well, reperforation, sealing or
replacement of a well casing.
M. "Observation well' means a well used for monitoring or sampling the condition of a water -
bearing aquifer, such as water pressure, depth, movement or quality.
N. "Person" includes any person, firm, association, corporation, organization, partnership,
business trust, company, or special district formed under the laws of the state.
O. "Pollution" means an alteration of the quality of water to a degree which unreasonably
affects:
1. Such water for beneficial uses; or
2. Facilities which serve beneficial uses.
Pollution may include contamination.
P. "Public nuisance" when applied to a well, means any well which threatens to impair the
quality of ground water or otherwise jeopardize the health and safety of the public.
Q. "Salt water (hydraulic) barrier wells" means wells constructed to extract or introduce water
into the ground as a means of preventing intrusion of salt water into a fresh water - bearing aquifer.
R. "Test or exploratory hole" means an excavation used for determining the nature of
underground geological or hydrological conditions, whether by seismic investigation, direct observation
or any other means.
S. 1. "Well' means any artificial excavation constructed by any method for the purpose of
extracting water from or injecting water into, the underground, or for providing cathodic protection or
electrical grounding of equipment, or for making tests or observations of underground conditions, or for
any other similar purpose. Wells include, but are not limited to:
a. Community water supply wells;
b. Individual domestic wells;
c. Industrial wells;
d. Cathodic protection wells;
e. Electrical grounding wells;
f. Test and exploratory holes;
g. Observation wells;
h. Salt water (hydraulic barrier wells) as defined herein;
1. Agricultural wells;
j. Other wells whose regulation is necessary to fulfill the purpose of this chapter.
2. This definition shall not include:
a. Oil and gas wells, or geothermal wells constructed under the jurisdiction of the State
Department of Conservation, except those wells converted to use as water wells; or
b. Wells used for the purpose of:
i. Dewatering excavation during - construction, or
ii. Stabilizing hillsides or earth embankments; or
c. The following artificial excavations:
i. Drill holes for soil testing purposes where such holes are less than twenty -five feet in depth,
ii. Holes or excavations for soil percolation tests,
iii. Drill holes for seismic exploration where such drill holes are less than twenty -five feet in
depth,
iv. Excavations for drainage percolation ponds or spreading basins.
T. "Well drilling contractor" means a contractor licensed in accordance with the provisions of
the California Contractor's Law, Chapter 9, Division 3, of the Business and Professions Code,
commencing with Section 7000. (Ord. 118 § 2, 1973; Ord. 111 § 1 (part), 1973: prior code § 3401)
14.68.030 Permit required.
No person shall, within the incorporated area of the city, construct, repair, modify or destroy any
well unless such person possesses a valid permit issued by the health officer -of the city as provided in this
chapter. (Ord. 111 § 1 (part), 1973: prior code § 3402a)
14.68.040 Chapter and permit compliance required.
No person shall construct, repair, modify or destroy any well unless such construction, repair,
modification or destruction is in conformance with the terms, conditions, and standards specified in this
chapter and in the written permit issued by the health officer. (Ord. 111 § 1 (part), 1973: prior code §
3402b)
14.68.050 Construction of individual domestic wells.
The construction of individual domestic wells within the incorporated area of the city is
prohibited unless a permit to do so is first obtained from the health officer and the city council. Any
person may apply for said permit by submitting an application in accordance with Section 14.68.060. In
addition to the provision of Section 14.68.060 the application shall include, but is not limited to the
following:
A. A statement as to why water cannot be obtained from the city water system; and
B. Quantities and use of the water to be developed.
The city council shall consider the application within thirty days of its receipt by the director of
public works at which time it may approve the application if in its discretion the drilling of the well and
the operation thereof will not deplete nor contaminate the city water supply, and that service from the
municipal water system is neither practicable nor feasible. If the council grants a permit for the well, it
may impose thereon reasonable conditions to prevent depletion and contamination of the city water
supply and to protect the public health, safety and general welfare. In no case shall such conditions be less
restrictive than the conditions specified herein. (Ord. 111 § 1 (part), 1973: prior code § 3402c)
14.68.060 Permit applications.
Applications for permits shall be made to the health officer through the director of public works
of the city and shall include the following:
A. A plot plan indicating the exact location of the well with respect to the following items within
a radius of two hundred feet of the well:
1. Property lines;
2. Sewage disposal systems or works carrying or containing sewage or industrial wastes;
3. All intermittent or perennial, natural or artificial water bodies or water courses;
4. Drainage pattern of the property;
5. Existing wells;
6. Access roads;
B. Location of the property (Include township, range and section);
C. Name of person who will construct the well;
D. Estimated or proposed depth of well;
E. Use of well;
F. Other information as may be necessary to determine if underground waters will be protected.
(Ord. 111 § I (part), 1973: prior code § 3403)
14.68.070 Permit application fees.
Every permit application except those made by a public agency shall be accompanied by a fee.
See Master Fee Schedule. No part of the fee is refundable. (Ord. 225 § 86, 1982; Ord. 11 I § 1 (part),
1973: prior code § 3404a)
14.68.080 Expiration of permit.
Each permit issued pursuant to this chapter shall expire within six months following the issuance
of the permit. Upon expiration of any permit issued pursuant hereto, no further work may be done in
connection with the construction, repair, modification, or abandonment of a well unless and =until a new
permit for such purpose is secured in accordance with the provisions of this chapter. (Ord.I l l § 1 (part),
1973: prior code § 3404b)
14.68.090 Permit qualification.
No permit shall be issued to any person who is not a well drilling contractor; provided, that a
permit may be issued to an owner or occupant of property who does the work of construction, repair,
modification or destruction of a well located on such property himself or through his own employees; and
provided further that a permit may be issued to any person exempt from the provisions of the Contractor's
License Law, Chapter 9, Division 3, of the Business and Professions Code, commencing with Section
7000. (Ord. 111 § 1 (part), 1973: prior code § 3405)
14.68.100 Bonds.
As a condition precedent to the issuance of a permit, every applicant for a permit shall file or
have on file with the city a corporate surety bond in the sum of two thousand five hundred dollars issued
by a surety company licensed to do business in the state, or in lieu thereof, a cash deposit in the sum of
two thousand five hundred dollars.
As used in this section, the term "cash deposit" includes, without limitation, certificates of deposit
payable to the city issued by banks doing business in the state, investment certificates or share accounts
assigned to the city and issued by savings and loan associations doing business in the state, or bearer
bonds issued by the United States Government or by the state.
Said surety bond shall be conditioned to secure the compliance and faithful performance by the
permittee of the terms, conditions and standards imposed by this chapter, or by any permit issued
hereunder.
If cash is deposited in lieu of such bond, said cash deposit shall secure the compliance and
faithful performance by the permittee of the terms, conditions and standards imposed by this chapter, or
by any permit issued hereunder. (Ord. 111 § 1 (part), 1973: prior code § 3406)
14.68.110 Conditions.
Permits shall be issued subject to compliance with the standards provided in Section 14.68.160.
(Ord. 111 § 1 (part), 1973: prior code § 3407)
14.68.120 Term, completion of worn..
The permittee shall complete the work authorized by the permit prior to the expiration date set
forth in the permit. The permittee shall notify the health officer in writing upon completion of the work
and such work shall not be deemed to have been completed until such written notification has been
received. (Ord. 111 § 1 (part), 1973: prior code § 3408)
14.68.130 Reports.
A copy of the well driller report required under Section 13751, California Water Code, shall be
submitted to the health officer upon completion of construction of each well. (Ord. 111 § 1 (part), 1973:
prior code § 3409)
14.68.140 Appeal procedure.
Any person aggrieved by the refusal of the health officer to issue a permit or by the terms of a
permit may appeal from the action of the health officer to the city council by filing a written notice of
appeal with the city clerk. The clerk shall set the matter for hearing before the council and shall give
reasonable notice of the time and place thereof to the applicant and to the health officer. The city council
shall hear the evidence offered by the applicant or permittee and the health officer, and shall forthwith
decide the issue. Unless the city council rescinds the health officer's action by a majority vote, his -
decision shall be deemed affirmed. (Ord. ,111 § 1 (part), 1973: prior code § 3410)
14.68.150 Inspection.*
The health officer and his inspectors may at any and all reasonable times enter any and all places,
property, enclosures and structures for the purpose of making examinations and investigations to
determine whether any provision of this chapter is being violated. The health officer may require that
each completion, modification, repair or destruction operation be inspected prior to any further work. See
Master Fee Schedule. (Ord, 225 § 87,1982; Ord. 111 § 1 (part), 1973: prior code 3411)
* For specific provisions regarding right of entry. see Chapter 1.08 of this code.
14.68.160 Standards.
Standards for the construction, repair, modification or destruction of wells shall be as set forth in
Chapter II of the California Department of Water Resources Bulletin No. 74, "Water Well Standards,"
state of California and Department of Water Resources Bulletin No. 74 -1 entitled "Cathodic Protection
Well Standards, State of California." (Ord. 118 § 3, 1973; Ord.I 11 § 1 (part), 1973: prior code § 3412)
14.68.170 Public nuisance.
In the event the health officer determines that a well constitutes a public nuisance, he shall abate
said nuisance in accordance with the provisions of this code. (Ord. 111 § 1 (part), 1973: prior code §
3413)
14.68.180 Immediate abatement.
If the health officer finds that immediate action is necessary to prevent impairment of the ground
water or a threat to the health or safety of the public, he may immediately abate the nuisance without
complying with the provisions of this code. After abating the nuisance, the health officer shall comply
with the provisions of this code. (Ord. 111 § 1 (part), 1973: prior code § 3414)
Chapter 14.72
Sections:.
14.72.010
Statutory authorization, findings of fact, purpose and methods.
14.72.020
Definitions.
14.72.030
General provisions.
14.72.040
Administration.
14.72.050
Provisions for flood hazard reduction.
14.72.060
Variance procedure.
* Prior ordinance history:
Ord. 225, 306
14.72.010 Statutory authorization, findings of fact, purpose and methods.
A. Statutory Authorization. The Legislature of the state of California has in Government Code
Sections 65302, 65560, and 65800 conferred upon local government units authority to adopt regulations
designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the city
council of the city of Morro Bay does hereby adopt the following floodplain management regulations.
B. Findings of Fact.
1. The flood hazard areas of the city of Morro Bay are subject to periodic inundation which
results in loss of life and property, health and safety hazards, disruption of commerce and governmental
services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base,
all of which adversely affect the public health, safety, and general welfare.
2. These flood losses are caused by uses that are inadequately elevated, floodproofed, or
protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards
which increase flood heights and velocities also contribute to the flood loss.
C. Statement of Purpose. It is the purpose of this chapter promote the public health, safety, and
general welfare, and to minimize public and private losses due to flood conditions in specific areas by
provisions designed to:
1. Protect human life and health;
2. Minimize expenditure of public money for costly flood control projects;
3. Minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
4. Minimize prolonged business interruptions;
5. Minimize damage to public facilities and utilities such as water and gas mains; electric,
telephone and sewer lines; and streets and bridges located in areas of special flood hazard;
6. Help maintain a stable tax base by providing for the sound use and development of areas of
special flood hazard so as to minimize future blighted areas caused by flood damage;
7. Ensure that potential buyers are notified that property is in an area of special flood hazard;
and
8. Ensure that those who occupy the areas of special flood hazard assume responsibility for their
actions.
D. Methods of Reducing Flood Losses. In order to accomplish its purposes, this chapter includes
methods and provisions to:
1. Restrict or prohibit uses which are dangerous to health, safety, and property due to water
hazards, or which result in damaging increases in flood heights or velocities;
2. Require that uses vulnerable to floods, including facilities which serve such uses, be protected
against flood damage at the time of initial construction;
3. Control the alteration of natural floodplains, stream channels and natural protective barriers
which help accommodate or channel flood waters;
4. Control filling, grading, dredging, and other development which may increase flood damage;
and
5. Prevent or regulate the construction of flood barriers which will unnaturally divert flood
waters or which may increase flood hazards in other areas. (Ord. 477 (part), 1999)
14.72.020 Definitions.
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as
to give them the meaning they have in common usage and to give this chapter its most reasonable
application.
1. "Accessory use" means a use which is incidental and subordinate to the principal use of the
parcel of land on which it is located.
2. "Alluvial fan" means a geomorphologic feature characterized by a cone or fan - shaped deposit
of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood
flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows,
debris flows, erosion, sediment movement and deposition, and channel migration.
3. "Apex" means the point of highest elevation on an alluvial fan, which on undisturbed fans is
generally the point where the major stream that formed the fan emerges from the mountain front.
4. "Appeal" means a request for a review of the Floodplain Administrator's interpretation of any
provision of this chapter.
5. Area of Special Flood Hazard. See "Special flood hazard area."
6. "Base flood" means a flood which has a one percent chance of being equaled or exceeded in
any given year (also called the "100 -year flood "). Base flood is the term used throughout this chapter.
7. "Basement" means any area of the building having its floor below grade (i.e., below ground
level) on all sides.
8. "Breakaway walls" means type of walls, whether solid or lattice, and whether constructed of
concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the
structural support of the building and which is designed to break away under abnormally high tides or
wave action without causing any damage to the structural integrity of the building on which they are used
or any buildings to which they might be carried by flood waters. A breakaway wall shall have a safe
design loading resistance of not less than ten and no more than twenty pounds per square foot. Use of
breakaway walls must be certified by a registered engineer or architect and shall meet the following
conditions:
a. Breakaway wall collapse shall result from a water load less than that which would occur
during the base flood; and
b. The elevated portion of the building shall not incur any structural damage due to the effects
of wind and water loads acting simultaneously in the event of the base flood.
9. Building. See "Structure."
10. "Coastal high hazard area" means an area of special flood hazard extending from offshore to
the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity
wave action from storms or seismic sources. It is an area subject to high velocity waters, including coastal
and tidal inundation or tsunamis. The area is designated on a Flood Insurance Rate Map (FIRM) as Zone
V1-V30, VE, or V.
11. "Development" means any man -made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling, grading, paving,
excavation or drilling operations or storage of equipment or materials.
12. "Encroachment" means the advance or infringement of uses, plant growth, fill, excavation,
buildings, permanent structures or development into a floodplain which may impede or alter the flow
capacity of a floodplain.
13. "Existing manufactured home park or subdivision" means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets,
and either final site grading or the pouring of concrete pads) is completed before the effective date of the
floodplain management regulations adopted by a community.
14. "Expansion to an existing manufactured home park or subdivision" means the preparation of
additional sites by the construction of facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads).
15. "Flood, flooding, or flood water" means a general and temporary condition of partial or
complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual
and rapid accumulation or runoff of surface waters from any source.
16. "Flood_ boundary and floodway map (FBFM)" means the official map on which the Federal
Emergency Management Agency or Federal Insurance Administration has delineated both the areas of
special flood hazards and the floodway.
17. "Flood hazard boundary map" means the official map on which the Federal Emergency
Management Agency or Federal Insurance Administration has delineated the areas of flood hazards. .
18. "Flood insurance rate map (FIRM)" means the official map on which the Federal Emergency
Management Agency or Federal Insurance Administration has delineated both the areas of special flood
hazards and the risk premium zones applicable to the community.
19. "Flood insurance study" means the official report provided by the Federal Insurance
Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and
Floodway Map, and the water surface elevation of the base flood.
20. " Floodplain or flood -prone area" means any land area susceptible to being inundated by
water from any source. See "Flooding."
21. "Floodplain administrator" is the individual appointed to administer arid enforce the
floodplain management regulations.
22. " F000dplain management" means the operation of an overall program of corrective and
preventive measures for reducing flood damage and preserving and enhancing, where possible, natural
resources in the floodplain, including but not limited to emergency preparedness plans, flood control
works, _ floodplain management regulations, and open space plans.
23. " Floodplain management regulations" means this ordinance and other zoning ordinances,
subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading
and erosion control) and other application of police power which control development in flood -prone
areas. This term describes federal, state or local regulations in any combination thereof which provide
standards for preventing and reducing flood loss and damage.
24. "Floodproofing" means any combination of structural and nonstructural additions, changes,
or adjustments to structures which reduce or eliminate flood damage to real estate or improved real
property, water and sanitary facilities, structures, and their contents.
25. "Floodway" means the channel of a river or other watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than one foot. Also referred to as "regulatory floodway."
26. "Floodway fringe" is that area of the floodplain on either side of the "regulatory floodway"
where encroachment may be permitted.
27. "Fraud and victimization" as related to Section 14.72.060 of this chapter, means that the
variance granted must not cause fraud on or victimization of the public. In examining this requirement,
the City Council will consider the fact that every newly constructed building adds to government
responsibilities and remains a part of the community for fifty to one - hundred years. Buildings that are
permitted to be constructed below the base flood elevation are subject during all those years to increased
risk of damage from floods, while future owners of the property and the community as a whole are
subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In
addition, future owners may purchase the property, unaware that it is subject to potential flood damage,
and can be insured only at very high flood insurance rates.
28. "Functionally dependent use" means a use which cannot perform its intended purpose unless
it is located or carried out in close proximity to water. The term includes only docking facilities, port
facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and
ship repair facilities, and does not include long -term storage or related manufacturing facilities.
29. "Governing body" is the local governing unit, i.e. county or municipality, that is empowered
to adopt and implement regulations to provide for the public health, safety and general welfare of its
citizenry.
30. "Hardship" as related to Section 14.72.060, of this ordinance means the exceptional hardship
that would result from a failure to grant the requested variance. The city council requires that the variance
be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone
is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or
the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of
these problems can be resolved through other means without granting a variance, even if the alternative is
more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than
originally intended.
31. "Highest adjacent grade" means the highest natural elevation of the ground surface prior to
construction next to the proposed walls of a structure.
32. "Historic structure" means any structure that is
a. Listed individually in the National Register of Historic Places (a listing maintained by the
Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the
requirements for individual listing on the National Register,
b. Certified or preliminarily determined by the Secretary of the Interior as contributing to the
historical significance of a registered historic district or a district preliminarily determined by the
Secretary to qualify as a registered historic district,
c. Individually listed on a state inventory of historic places in states with historic preservation
programs which have been approved by the Secretary of Interior; or
d. Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either by an approved state program as determined by the
Secretary of the Interior or directly by the Secretary of the Interior in states with approved programs.
33. "Levee" means a man-made structure, usually an earthen embankment, designed and
constructed in accordance with sound engineering practices to contain, control or divert the flow of water
so as to provide protection from temporary flooding.
34. "Levee system" means a flood protection system which consists of a levee, or levees, and
associated structures, such as closure and drainage devices, which are constructed and operated in accord
with sound engineering practices.
35. "Lowest floor" means the lowest floor of the lowest enclosed area, including basement (see
"basement" definition).
1. An unfinished or flood resistant enclosure below the lowest floor that is usable solely for
parking of vehicles, building access or storage in an area other than a basement area, is not considered a
building's lowest floor provided it conforms to applicable nonelevation design requirements, including,
but not limited to:
a. The wet floodproofmg standard in Section 14.72.050(A)(3)(C);
b. The anchoring standards in Section 14.72.050(A)(1);
c. The construction materials and methods standards in Section 14.72.050(A)(2);
d. The standards for utilities in Section 14.72.050 B.
2. For residential structures in special flood hazard areas, all subgrade enclosed areas are
prohibited as they are considered to be basements (see "basement" definition). This prohibition includes
below -grade garages and storage areas.
36. "Manufactured home" means a structure, transportable in one or more sections, which is built
on a permanent chassis and is designed for use with or without a permanent foundation when attached to
the required utilities. The term "manufactured home" does not include a "recreational vehicle."
37. "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land
divided into two or more manufactured home lots for rent or sale.
38. "Mean sea lever' means, for purposes of the National Flood Insurance Program, the National
Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a
community's Flood Insurance Rate Map are referenced._
39. 'New construction," for floodplain management purposes, means structures for which the
"start of construction" commenced on or after the effective date of floodplain management regulations
adopted by this cornimunity, and includes any subsequent improvements to such structures.
40. "New manufactured home park or subdivision" means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets,
and either final site grading or the pouring of concrete pads) is completed on or after the effective date of
floodplain management regulations adopted by this community.
41. "Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike,
pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence,
rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any
watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water,
or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood
of being carried downstream.
42. One - Hundred -Year Flood or 100 -Year Flood. See "Base flood."
43. "Primary frontal dune" means a continuous or nearly continuous mound or ridge of sand with
relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject
to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the
primary frontal dune occurs at the point where there is a distinct change from a relatively mild slope.
44. "Public safety and nuisance" as related to Section 14.72.060 of this chapter means that the
granting of a variance must not result in anything which is injurious to safety or health of an entire
community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free
passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.
45. "Recreational vehicle" means a vehicle which is:
a. Built on a single chassis;
b. Four hundred square feet or less when measured at the largest horizontal projection;
c. Designed to be self - propelled or permanently towable by a light -duty truck; and
d. Designed primarily not for use as a permanent dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use.
46. "Regulatory floodway" means the channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood without cumulatively increasing the
water surface elevation more than one foot.
47. "Remedy a violation" means to bring the structure or other development into compliance with
state or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its
noncompliance. Ways that impacts may be reduced include protecting the structure or other affected
development from flood damages, implementing the enforcement provisions of the ordinance or
otherwise deterring future similar violations, or reducing state or federal financial exposure with regard to
the structure or other development.
48. "Riverine" means relating to, formed by, or resembling a river (including tributaries), stream,
brook, etc.
49. "Sand dunes" mean naturally occurring accumulations of sand in ridges or mounds landward
of the beach.
50. "Special flood hazard area (SFHA)" means an area having special flood hazards and shown
on an FHBM or FIRM as Zone A, At -A30, AE, A99, M, Vl -V30, VE or V.
51. "Start of construction" includes substantial improvement and other proposed new
development and means the date the building permit was issued, provided the actual start of construction,
repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred
eighty days from the date of the permit The actual start means either the first placement of permanent
construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the
construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured
home on a foundation. Permanent construction- does not include land preparation, such as clearing,
grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include
excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it
include the installation on the property of accessory buildings, such as garages or sheds not occupied as
dwelling units or not part of the main structure. For a substantial improvement, the actual start of
construction means the first alteration of any wall, ceiling, floor, or other structural part of a building,
whether or not that alteration affects the external dimensions of the building.
52. "Structure" means a walled and roofed building that is principally above ground; this includes
a gas or liquid storage tank or a manufactured home.
53. "Substantial damage" means damage of any origin sustained by a structure whereby the cost
of restoring the structure to its before damaged condition would equal or exceed fifty percent of the
market value of the structure before the damage occurred.
54. "Substantial improvement" means any reconstruction, rehabilitation, addition, or other
proposed new development of a structure, the cost of which equals or exceeds fifty percent of the market
value of the structure before the "start of construction" of the improvement. This term includes structures
which have incurred "substantial damage," regardless of the actual repair work performed. The term does
not, however, include either:
a. Any project for improvement of a structure to correct existing violations or state or local
health, sanitary, or safety code specifications which have been identified by the local code enforcement
official and which are the minimum necessary to assure safe living conditions; or
b. Any alteration of a "historic structure," provided that the alteration will not preclude the
structure's continued designation as a "historic structure."
55. V Zone. See "Coastal high hazard area."
56. "Variance" means a grant of relief from the requirements of this ordinance which permits
construction in a manner that would otherwise be prohibited by this chapter.
57. "Violation" means the failure of a structure or other development to be fully compliant with
this ordinance. A structure or other development without the elevation certificate, other certifications, or
other evidence of compliance required in this chapter is presumed to be in violation until such time as that
documentation is provided.
58. "Water surface elevation" means the height, in relation to the National Geodetic Vertical
Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and
frequencies in the floodplains of coastal or riverine areas.
59. "Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographic
feature on or over which waters flow at least periodically. Watercourse includes specifically designated
areas in which substantial flood damage may occur. (Ord. 477 (part), 1999)
14.72.030 General provisions.
A. Lands to Which this Chapter Applies. This chapter shall apply to all areas of special flood
hazards within the jurisdiction of the city of Morro Bay.
B. Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard
identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency
(FEMA) in the Flood Insurance Study (FIS) dated November 1, 1985, and accompanying Flood Insurance
Rate Map (FIRM), dated November 1, 1985, and all subsequent amendments and/or revisions, are hereby
adopted by reference and declared to be a part of this chapter. This FIS and attendant mapping is the
minimum area of applicability of this ordinance and may be supplemented by studies for other areas
which allow implementation of this ordinance and which are recommended to the city council by the
floodplain administrator. The study and FIRM are on file at the department of public works.
C. Compliance. No structure or land shall hereafter be constructed, located, extended, converted
or altered without full compliance with the term of this ordinance and other applicable regulations.
Violation of the requirements (including violations of conditions and safeguards established in connection
with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the city_ council from taking
such lawful- action as is necessary to prevent or remedy any violation.
D. Abrogation and Greater Restrictions. This chapter is not intended to repeal, abrogate, or
impair any existing easements, covenants, or deed restrictions. However, where this chapter and another
ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
E. Interpretation. In the interpretation and application of this ordinance, all provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body; and
3. Deemed neither to limit -nor repeal any other powers granted under state statutes.
F . Warning and Disclaimer of Liability. The degree of flood protection required by this chapter
is considered reasonable for regulatory purposes and is based on scientific and engineering
considerations. Larger floods can and will occur on rare occasions— Flood heights may be increased by
man -made or natural causes. This ordinance does not imply that land outside the areas of special flood
hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance
shall not create liability on the part of city council, any officer or employee thereof, the state of
California, or the Federal Insurance Administration, Federal Emergency Management Agency, for any
flood damages that result from reliance on this ordinance or any administrative decision lawfully made
hereunder.
G. Severability. This chapter and the various parts thereof are hereby declared to be severable.
Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such
decision shall not affect the validity of the chapter or any portion thereof other than the section so
declared to be unconstitutional or invalid. (Ord. 477 (part), 1999)
14.72.040 Administration.
A. Establishment of Development Permit A development permit shall be obtained before any
construction or other development begins within any area of special flood hazard established in Section
14.72.030 B. Application for a development permit shall be made on forms furnished by the floodplain
administrator and may include, but not be limited to: plans in duplicate drawn to scale showing the nature,
location, dimensions, and elevation of the area in question; existing or proposed structures, fill, storage of
materials, drainage facilities; and the location of the foregoing.
Specifically, the following information is required:
1. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of
all structures; or
2. Proposed elevation in relation to mean sea level to which any nonresidential structure will be
floodproofed, if required in Sections 14.72.050(A)(3)(b) and 14.72.050(A)(3)(c); and
3. All appropriate certifications listed in Section 14.72.040 CA of this chapter; and
4. Description of the extent to which any watercourse will be altered or relocated as a result of
proposed development.
B. Designation of the floodplain administrator. The city engineer is hereby appointed to
administer, implement, and enforce this ordinance by granting or denying development permits in accord
with its provisions.
C. Duties and Responsibilities of the Floodplain Administrator. The duties and responsibilities
of the floodplain administrator shall include, but not be limited to the following:
1. Permit Review. Review all development permits to determine that:
a. Permit requirements of this ordinance have been satisfied,
b. The -site is reasonably safe from flooding, and
c. The proposed development does not adversely affect the carrying capacity of areas where
base flood elevations have been determined but a floodway has not been designated. For purposes of this
ordinance, "adversely affects" means that the cumulative effect of the proposed development when
combined with all other existing and anticipated development will increase the water surface elevation of
the base flood more than one foot at any point;
2. Review and Use of Any Other Base Flood Data. When base -flood elevation data has not been
provided in accordance with Section 14.72.030 B, the Floodplain Administrator may obtain, review, and
reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or
other source, in order to administer Section 14.72.050. Any such information shall be submitted to the
city council for adoption;
3. Notification of Other Agencies. In alteration or relocation of a watercourse:
a. Notify adjacent communities and the California Department of Water Resources _prior to
alteration or relocation,
b. Submit evidence of such notification to the Federal Insurance Administration, Federal
Emergency Management Agency, and
c. Assure that the flood carrying capacity within the altered or relocated portion of said
watercourse is maintained;
4. Documentation of Floodplain Development. Obtain and maintain for public inspection and
make available as needed the following:
a. Certification required by Section 14.72.050 (A)(3)(a) (lowest floor elevations),
b. Certification required by Section 14.72.050 (A)(3)(b) (elevation or floodproofmg of
nonresidential structures),
c. Certification required by Sections 14.72.050 (A)(3)(c) (wet floodproof ng standard),
d. Certification of elevation required by Section 14.72.050(C)(2) (subdivision standards),
e. Certification required by Section 14.72.050(F)(1) (floodway encroachments),
f. Information required by Section 14.72.050(G)(6) (coastal construction standards);
5. Map Determinations. Make interpretations where needed, as to the exact location of the
boundaries of the areas of special flood hazard, for example, where there appears to be a conflict between
a mapped boundary and actual field conditions. The person contesting the location of the boundary shall
be given a reasonable opportunity to appeal the interpretation as provided in Section 14.72.060;
6. Remedial Action. Take action to remedy violations of this ordinance as specified in Section
14.72.030 C.
D. Appeals. The city council of the city of Morro Bay shall hear and decide appeals when it is
alleged there is an error in any requirement, decision, or determination made by the floodplain
administrator in the enforcement or administration of this chapter. (Ord. 477 (part), 1999)
14.72.050 Provisions for flood hazard reduction.
A. Standards of Construction. In all areas of special flood hazards the following standards are
required:
1. Anchoring.
a. All new construction and substantial improvements shall be adequately anchored to prevent
flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic
loads, including the effects of buoyancy.
b. All manufactured homes shall meet the anchoring standards of Section 14.72.050 D.
2. Construction materials and methods. All new construction and substantial improvement shall
be constructed.
a. With materials and utility equipment resistant to flood damage;
b. Using methods and practices that minimize flood damage;
c. With electrical, heating, ventilation, plumbing and air conditioning equipment and other
service facilities that are designed and/or located so as to pre=vent water from entering or accumulating
within the components during conditions of flooding.
3. Elevation and Floodpr-oofng. (See- Section 14.72.020, definitions for "basement," "lowest
floor," "new construction," "substantial damage" and "substantial improvement. ")
a. Residential construction, new or substantial improvement, shall have the lowest floor,
including basement,
1. In an A zone, elevated to at least one foot above the base flood elevation, as determined by
this community.
2. In all other zones, elevated to at least one foot above the base flood elevation.
Upon the completion of the structure, the elevation of the lowest floor including basement shall
be certified by a registered professional engineer or surveyor retained by the applicant, and verified by the
community building inspector to be properly elevated. Such certification and verification. shall be
provided to the floodplain administrator.
b. Nonresidential construction, new or substantial improvement, shall either be elevated to
conform with Section 14.72.050 (A)(3)(a) or together with attendant utility and sanitary facilities.
1. Be floodproofed below the elevation recommended under Section 14.72.050(A)(3)(a) so that
the structure is watertight with walls substantially impermeable to the passage of water;
2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and
effects of buoyancy; and
3. Be certified by a registered professional engineer or architect retained by the applicant that
the standards of this Section 14.72.050(A)(3)(a) are satisfied. Such certification shall be provided to the
floodplain administrator.
c. All new construction and substantial improvement with fully enclosed areas below the lowest
floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and
which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on
exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must
exceed the following minimum criteria:
1. Be certified by a registered professional engineer or architect, or
2. Have a minimum of two openings having a total net area of not less than one square inch for
every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than
one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or
devices provided that they permit the automatic entry and exit of floodwater.
d. Manufactured homes shall also meet the standards in Section 14.72.050 D.
B. Standards for Utilities.
1. All new and replacement water supply and sanitary sewage systems shall be designed to
minimize or eliminate:
a. Infiltration of flood waters into the systems; and
b. Discharge from the systems into flood waters.
2. On -site waste disposal systems shall be located to avoid impairment to them, or
contamination from them during flooding.
C. Standards for Subdivisions.
1. All preliminary subdivision proposals shall identify the flood hazard area and the elevation of
the base flood.
2. All subdivision plans will provide the elevation of proposed structure(s) and pad(s). If the site
is filled above the base flood elevation, the lowest floor and pad elevations shall be certified by a
registered professional engineer or surveyor retained by the applicant and provided to the floodplain
administrator.
3. All subdivision proposals shall be consistent with the need to minimize flood damage.
4. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical
and water systems located and constructed to' minimize flood damage.
5. All subdivisions shall provide adequate drainage -to reduce exposure to flood hazards.
D. Standards for Manufactured Homes.
1. All manufactured homes that are placed or substantially improved, within Zones Al -30 on the
Flood Insurance Rate Map, on sites located:
a_ Outside of -a manufactured home park or subdivision;
b. In a new manufactured home park or subdivision;
c. In an expansion to an existing manufactured home park or subdivision; or
d. In an existing manufactured home park or subdivision on a site upon which a manufactured
home has incurred "substantial damage" as the result of a flood;
shall be elevated on a permanent foundation such that the lowest floor of the manufactured home
is elevated to at least one foot above the base flood elevation and be securely fastened to an adequately
anchored foundation system to resist flotation, collapse and lateral movement.
2. All manufactured homes that are placed or substantially improved on sites located within
Zones V1 -30 on the Flood Insurance Rate Map will meet the requirements of Section 14.72.050(D)(1)
and Section 14.72.050 G.
j. All manufactured homes to be placed or substantially improved on sites in an existing
manufactured home park or subdivision within Zones Al -30 and V1 -30 on the Flood Insurance Rate Map
that are not subject to the provisions of Section 14.72.050(D)(1) will be securely fastened to an
adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated
so that either the:
a. Lowest floor of the manufactured home is at least one foot above the base flood elevation;
b. Manufactured home chassis is supported by reinforced piers or other foundation elements of
at least equivalent strength that are no less than thirty-six inches in height above grade.
E. Standards for Recreational Vehicles.
1. All recreational vehicles placed on sites within Zones Al -30 on the Flood Insurance Rate
Map will either:
a. Be on the site for fewer than one hundred eighty consecutive days, and be fully licensed and
ready for highway use —a recreational vehicle is ready for highway use if it is on its wheels or jacking
system, is attached to the site only by quick disconnect type utilities and security devices, and has no
permanently attached additions; or
b. Meet the permit requirements of Section 14.72.040 of this chapter and the elevation and
anchoring requirements for manufactured homes in Section 14.72.050(D)(1).
2. Recreation vehicles placed on sites within Zones V1 -30 on the Flood Insurance Rate Map
will meet the requirements of Section 14.72.050(E)(1) and Section 14.72.050 G.
F. Floodways. Located within areas of special flood hazard established in Section 14.72.030 B
are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity
of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions
apply:
1. Prohibit encroachments, including fill, new construction, substantial improvement, and other
new development unless certification by a registered professional engineer or architect is provided
demonstrating that encroachments shall not result in any increase in the base flood elevation during the
occurrence of the base flood discharge.
2. If Section 14.72.050(F)(1) is satisfied, all new construction, substantial improvement, and
other proposed new development shall comply with all other applicable flood hazard reduction provisions
of Section 14.72.050.
G. Coastal High Hazard Areas. Within coastal high hazard areas as established under Section
14.72.030 B, the following standards shall apply:
1. All new construction and substantial improvement shall be elevated on adequately anchored
pilings or columns and securely anchored to such pilings or columns so that the lowest horizontal portion
of the structural members of the lowest floor (excluding the pilings or columns) is elevated to or above
the base flood level. The pile or column foundation and structure attached thereto is anchored to resist
flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously
on all building components. Water loading values used shall be those associated with the- base flood.
Wind loading values used shall be those required by applicable state or local building standards.
2. All new construction and other development shall be located on the landward- side of the
reach of mean higb tide.
3. All new construction and substantial improvement shall have the space below the lowest floor
free of obstructions or constructed with breakaway walls as defined in Section 14.72.020. Such enclosed
space shall not be used for human habitation and will be usable solely for parking of vehicles, building
access or storage.
4. Fill shall not be used for structural support of buildings.
5. Man -made alteration of sand dunes which would increase potential flood damage is
prohibited.
6. The floodplain administrator shall obtain and maintain the following records:
a. Certification by a registered engineer or architect that a proposed structure complies with
Section 14.72.050(G)(1).
b. The elevation (in- relation to mean sea level) of the bottom of the lowest structural member of
the lowest floor (excluding pilings or columns) of all new and substantially improved structures, and
whether such structures contain a basement (Ord. 477 (part), 1999)
14.72.060 Variance procedure.
A. Nature of Variances. The variance criteria set forth in this section of the chapter are based on
the general principle of zoning law that variances pertain to a piece of property and are not personal in
nature. A variance may be granted for a parcel of property with physical characteristics so unusual that
complying with the requirements of this ordinance would create an exceptional hardship to the applicant
or the surrounding property owners. The characteristics must be unique to the property and not be shared
by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its
inhabitants, or the property owners.
It is the duty of the city council to help protect its citizens from flooding. This need is so
compelling and the implications of the cost of insuring a structure built below flood level are so serious
that variances from .the flood elevation or from other requirements in the flood ordinance are quite rare.
The long term goal of preventing and reducing flood loss and damage can only be met if variances are
strictly limited. Therefore, the variance guidelines provided in this chapter are detailed and contain
multiple provisions that must be met before a variance can be properly granted. The criteria are designed
to screen out those situations in which alternatives other than a variance are more appropriate.
B. Appeal Board.
1. In passing upon requests for variances, the city council shall consider all technical
evaluations, all relevant factors, standards specified in other sections of this chapter, and the:
a. Danger that materials may be swept onto other lands to the injury of others;
b. Danger of life and property due to flooding or erosion damage;
c. Susceptibility of the proposed facility and its contents to flood damage and the effect of such
damage on the existing individual owner and future owners of the property;
d. Importance of the services provided by the proposed facility to the community;
e. Necessity to the facility of a waterfront location, where applicable;
£ Availability of alternative locations for the proposed use which are not subject to flooding or
erosion damage;
g. Compatibility of the proposed use with existing and anticipated development,
h. Relationship of the proposed use to the comprehensive plan and floodplain management
program for that area;
i. Safety of access to the property in time of flood for ordinary and emergency vehicles;
j. Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters
expected at the site; and
k. Costs of providing governmental services during and after flood conditions, including
maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system,
and streets and bridges.
2. Any applicant to whom a variance is- granted shall be given written.- notice over -the signature
of the floodplain administrator that
a. The issuance of a variance to construct a structure below the base flood level will result in
increased premium rates for flood insurance up to amounts as high as twenty -five dollars for one hundred
dollars of insurance coverage; and
b. Such construction below the base flood level increases risks to life and - property. A copy of
the notice shall be recorded by the floodplain administrator in the Office of the San Luis Obispo County
Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of
land.
3. The floodplain administrator- will maintain a record of all variance actions, including
justification for their issuance, and report such variances issued in its biennial report submitted to the
Federal Insurance Administration, Federal Emergency Management Agency.
C. Conditions for Variances.
1. Generally, variances may be issued for new construction, substantial improvement, and other
proposed new development to be erected on a lot of one -half acre or less in size contiguous to and
surrounded by lots with existing structures constructed below the base flood level, providing that the
procedures of Sections 14.72.040 and 14.72.050 have been fully considered. As the lot size increases
beyond one -half acre, the technical justification required for issuing the variance increases.
2. Variances may be issued for the repair or rehabilitation of "historic structures" (as defined in
Section 14.72.020) upon a determination that the proposed repair or rehabilitation will not preclude the
structure's continued designation as an historic structure and the variance is the minimum necessary to
preserve the historic character and design of the structure.
3. Variances shall not be issued within any mapped regulatory floodway if any increase in flood
levels during the base flood discharge would result.
4. Variances shall only be issued upon a determination that the variance is the "minimum
necessary" considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief
with a minimum of deviation from the requirements of this ordinance. For example, in the case of
variances to an elevation requirement, this means the city council will not grant permission for the
applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation
which the city council believes will both provide relief and preserve the integrity of the local ordinance.
5. Variances shall only be issued upon a:
a. Showing of good and sufficient cause;
b. Determination that failure to grant the variance would result in exceptional "hardship" (as
defined in Section 14.72.020) to the applicant; and
c. Determination that the granting of a variance will not result in increased flood heights,
additional threats to public safety, or extraordinary public expense, create a nuisance (as defined in
Section 14.72.020, "Public safety and nuisance "), cause fraud or victimization (as defined in Section
14.72.020) of the public, or conflict with existing local laws or ordinances.
6. Variances may be issued for new construction, substantial improvement, and other proposed
new development necessary for the conduct of a functionally dependent use provided that the provisions
of subsections (C)(1) though (C)(5) of this section are satisfied and that the structure or other
development is protected by methods that minimize flood damages during the base flood and does not
result in additional threats to public safety and does not create a public nuisance.
7. Upon consideration of the factors of Section 14.72.060(B)(1) and the purposes of this
ordinance, the city council may attach such conditions to the granting of variances as it deems necessary
to further the purposes of this chapter. (Ord. 477 (part), 1999)
Chapter 14.75
Sections:
14.75.010
14.75.020
14.75.030
14.75.040
14.75.050
14.75.060
14.75.070
14.75.080
14.75.090
Definitions.
'threshold for covered projects.
Submission of recycling plan.
Review of recycling plan.
Compliance with recycling plan.
Infeasible exemption.
Appeals.
Civil penalties.
Severability.
14.75.010 Definitions.
A. "Applicant" means any individual, firm, limited liability company, association, partnership,
political subdivision, government agency, municipality, industry, public or private corporation, or any
other entity whatsoever who applies to the city for the applicable permits to undertake any construction,
demolition, or renovation project within the city, unless otherwise specifically exempted by law.
B. "Compliance Official" means the chief building official or his/her designee.
C. "Construction" means the building of any structure or any portion thereof including any
tenant improvements to an existing facility or structure.
D. "Construction and demolition debris" means used or discarded materials removed from
premises during construction or renovation of a structure resulting from construction, remodeling, repair,
or demolition operations on any pavement, house, commercial building, or other structure.
E. "Conversion rate" means the rate set forth in the standardized conversion rate table approved
by the city pursuant to this article for use in estimating the volume or weight of materials identified in a
recycling plan.
F. "Covered project" shall have the meaning set forth in Section 14.75.020(A) of this article.
G. "Deconstruction" means the systematic removal of usage items from a structure.
H. "Demolition" means the decimating, razing, ruining, tearing down or wrecking of any
facility, structure, pavement or building, whether in whole or in part, whether interior or exterior.
I. "Divert" means to use material for any purpose other than disposal in a landfill.
J. "Diversion requirement" means the diversion of at least fifty percent by weight of the total
construction and demolition debris generated by a project via reuse or recycling, unless the applicant has
been granted an infeasible exemption pursuant to Section 14.75.060 of this chapter, in which case the
diversion requirement shall be the maximum feasible diversion rate established by the recycling plan
compliance official for the project.
K. "Noncovered project" shall have the meaning set forth in Section 14.75.020(C) of this article.
L. "Project" means any activity that requires an application for a building or demolition permit
or any similar permit from the city.
M. "Renovation" means any change, addition, or modification in an existing structure.
N. "Reuse" means further or repeated use of construction or demolition debris.
O. "Salvage" means the controlled removal of construction or demolition debris from a
permitted building or demolition site for the purpose of recycling, reuse or storage for later recycling or
reuse.
P. "Recycling plan" means a completed recycling plan form, approved by the city for the
purpose of compliance with this article, submitted by the applicant for any covered or noncovered project.
(Ord. 488 § 1 (part), 2002)
14.75.020 Threshold for covered projects.
A. Covered Projects. All construction and renovation projects within the city, the valuation of
which are, or are projected to be, greater than or equal to fifty thousand dollars (`covered projects'), shall
be required to divert at least fifty percent of all project construction and demolition debris in compliance
with this chapter. The cost of the project shall be the valuation ascribed to the project by the building
official. In addition, all demolition projects having a total footage of more than one thousand square feet
shall be a covered project. Failure to comply with any of the terms of this chapter shall subject the project
applicant to the full range of enforcement mechanisms _set forth in Sections 14.75.050(0)(3) and
14.75.060 below.
B. City- Sponsored Projects. All city - sponsored construction- and renovation projects within the
city, the costs of which are, or are projected to be, greater than or equal to fifty thousand dollars (`covered
projects') shall be required to divert at least fifty percent of all project construction and demolition debris
in compliance with this chapter. The cost of the project shall be the valuation attributed to the permit
issued by the building official. In addition, all demolition projects having a total square footage of more
than one thousand shall be a covered project.
These city- sponsored covered projects shall submit a recycling plan to the compliance official
prior to beginning any construction or demolition activities and shall be subject to all applicable
provisions of this chapter with the exception of Section 14.75.050(C)(3).
C. Non - covered Projects. Applicants for construction, demolition, and renovation projects
within the city whose permit valuations are less than fifty thousand dollars (`non- covered projects') shall
be encouraged to divert at least fifty percent of all project - related construction and demolition debris.
D. Compliance as a Condition of Approval. Compliance with the provisions of this chapter shall
be listed as a condition of approval on any building or demolition permit issued for a covered project.
(Ord. 488 § 1 (part), 2002)
14.75.030 Submission of recycling plan.
A. Recycling Plan Forms. Applicants for building or demolition permits involving any covered
project shall complete and submit a recycling plan on a recycling plan form approved by the city for this
purpose as part of the application packet for the building or demolition permit. The completed recycling
plan shall indicate all of the following:
1. The estimated volume or weight of project construction and demolition debris, by materials
type, to be generated;
2. The maximum volume or weight of such materials that can feasibly be diverted via reuse or
recycling;
3. The vendor or facility that the applicant proposes to use to collect or receive that material;
and
4. The estimated volume or weight of construction and demolition debris that will be landfilled.
B. Calculating Volume and Weight of Debris. In estimating the volume or weight of materials
identified in the recycling plan, the applicant shall use the standardized conversion rates approved by the
city for this purpose..
C. Deconstruction. In preparing the recycling plan, applicants for building or demolition permits
involving the removal of all or part of an existing structure shall deconstruct, to the maximum extent
feasible, and shall make the materials generated thereby available for salvage. (Ord. 488 § 1 (part), 2002)
14.75.040 Review of recycling plan.
A. Approval. Notwithstanding any other provision of this code, no building or demolition permit
shall be issued for any Covered Project unless and until the recycling plan compliance official has
approved the recycling plan. Approval shall not be required, however, where an emergency demolition is
required to protect the public health, welfare or safety as determined by the chief building official. The
recycling plan compliance official shall only approve a recycling plan if he or she first determines that all
of the following conditions have been met:
1. The recycling plan provides all of the information set forth in Section 14.75.030(A) of this
chapter; and
2. The recycling plan indicates that at least fifty, percent by weight of all construction and
demolition debris generated by the project will be diverted.
If the recycling plan compliance official determines that these conditions have been met, he or
she shall mark the recycling plan `Approved', return a copy of the recycling plan to the applicant, and
notify the building department that the recycling plan has been approved.
B. Nonapproval. If the recycling plan compliance official determines that the recycling plan is
incomplete or fails to indicate that at least fifty percent by weight of all construction and demolition
debris generated by the project will be reused or recycled, he or she shall either:
1. Return the recycling plan to the applicant marked `Denied', including a statement of reasons,
and so notify the building department; or
2. Return the recycling plan to the applicant marked `Further Explanation Required'. (Ord. 488
§ 1 (part), 2002)
14.75.050 Compliance with recycling plan.
A. Documentation. Prior to receiving a certificate of occupancy for the project, the applicant
shall submit to the recycling plan compliance official documentation that the diversion requirement for
the project has been met. The diversion requirement shall be that the applicant has diverted at least fifty
percent of the total construction and demolition debris generated by the project via reuse or recycling,
unless the applicant has been granted an infeasible exemption pursuant to Section 14.75.060 of this
chapter, in which case the diversion requirement shall be the maximum feasible diversion rate established
by the recycling plan compliance official for the project. This documentation shall include all of the
following:
1. Receipts from the vendor or facility which collected or received each material showing the
actual weight or volume of that material;
2. A copy of the previously approved recycling plan for the project adding the actual volume or
weight of each material diverted and landfilled;
3. Any additional information the applicant believes is relevant to determining its efforts to
comply in good faith with this chapter.
B. Weighing of Wastes. Applicants shall make reasonable efforts to ensure that all construction
and demolition debris diverted or landfilled are measured and recorded using the most accurate method of
measurement available. To the extent practical, all construction and demolition debris shall be weighed by
measurement on scales. Such scales shall be in compliance with all regulatory requirements for accuracy
and maintenance. For construction and demolition debris for which weighing is not practical due to small
size or other considerations, a volumetric measurement shall be used. For conversion of volumetric
measurements to weight, the applicant shall use the standardized conversion rates approved by the city for
this purpose.
C. Determination of Compliance. The recycling plan compliance official shall review the
information submitted under Section 14.75.050(A) and determine whether the applicant has complied
with the diversion requirement, as follows:
1. Full Compliance. If the recycling plan compliance official determines that the applicant has
fully complied with the diversion requirements applicable to the project, he or she shall approve the
recycling plan and inform the building division that a certificate of occupancy can be issued.
2. Substantial Compliance. If the recycling plan compliance official determines that the
diversion requirement has not been achieved, he or she shall determine on a case -by -case basis whether
the applicant has made a good faith effort and is in substantial compliance with this chapter.
In making this determination, the recycling plan compliance official shall consider the availability
of markets for the construction and demolition debris landfilled, the size of the project, and/or the
documented efforts of the applicant to divert construction and demolition debris. If the recycling plan
compliance official determines that the applicant has made a good faith effort to comply with this chapter
and is in substantial compliance, he or she shall approve the recycling plan and inform the building
division that a certificate of occupancy can be issued.
3. Noncompliance. If the recycling plan compliance official determines that the applicant is not
in substantial compliance with this chapter, or if the applicant fails to submit the documentation required
by Section 14.75.050(A), then the applicant shall pay a civil penalty as prescribed in Section 14.75.080
prior to the issuance of a certificate of occupancy.
D. Falsification of Records. If the applicant deliberately provides false or misleading data to the
city in violation of this chapter, the applicant may be subject to penalties in addition to those specified in
Section 14.75.080. In any civil enforcement action, administrative or judicial, the city shall be entitled to
recover its attorneys' fees and costs from an applicant who is determined by a court of competent
jurisdiction to have violated this chapter.
E. Final Approval. Prior to final approval by the building division all conditions of this chapter
shall be met. (Ord. 488 § 1 (part), 2002)
14.75.060 Infeasible exemption.
A. Application. If an applicant for a covered project experiences unique circumstances that the
applicant believes make it infeasible to comply with the diversion requirement, the applicant may apply
for an exemption at the time that he or she submits the recycling plan required under Section
14.75.030(A) of this chapter. The applicant shall indicate on the recycling plan the maximum rate of
diversion he or she believes is feasible for each material and the specific circumstances that he or she
believes make it infeasible to comply with the diversion requirement.
B. Meeting with recycling plan compliance official. The recycling plan compliance official shall
review the information supplied by the applicant and may meet with the applicant to discuss possible
ways of meeting the diversion requirement. Based on the information supplied by the applicant and, if
applicable, San Luis Obispo County Integrated Waste Management Authority staff or designee, the
recycling plan compliance official shall determine whether it is possible for the applicant to meet the
diversion requirement.
C. Granting of Exemption. If the recycling plan compliance official determines that it is
infeasible for the applicant to meet the diversion requirement due to unique circumstances, he or she shall
determine the maximum feasible diversion rate for each material and shall indicate this rate on the
recycling plan submitted by the applicant. The recycling plan compliance official shall return a copy of
the recycling plan to the applicant marked `Approved for Infeasible Exemption' and shall notify the
building division that the recycling plan has been approved.
D. Denial of Exemption. If the recycling plan compliance official determines that it is possible
for the applicant to meet the diversion requirement, he or she shall so inform the applicant in writing. The
applicant shall have thirty days to resubmit a recycling plan form in full compliance with Section
14.75.030(A) of this chapter. If the applicant fails to resubmit the recycling plan, or if the resubmitted
recycling plan does not comply with Section 14.75.030(A) of this chapter, the recycling plan compliance
official shall deny the recycling plan in accordance with Section 14.75.040(B) of this chapter. (Ord. 488 §
1 (part), 2002)
14.75.070 Appeals.
A. Contents of Appeals. An appeal of the recycling plan compliance official decision may be
made to the public services director in writing not longer than ten days after the compliance official's
decision. The decision of the public services director shall be final. The appellant must specifically state
in the notice of appeal:
1. The name and address of the appellant and appellant's interest in the decision;
2. The nature of the decision appealed from and/or the conditions appealed from;
3. A clear, complete, but brief statement of the reasons why, in the opinion of the appellant, the
decision or the conditions imposed were unjustified or inappropriate; and
4. The specific facts of the matter in sufficient detail to notify the city. The appeal shall__ not be
stated in generalities.
B. Acceptance of Appeal. An appeal shall not be accepted by the public services director - unless
it is complete. (Ord. 488 § 1 (part), 2002)
14.75:080 Civil penalties.
A. Civil Penalty. If the recycling plan compliance official, or on upon appeal, the public services
director determines that an applicant is in noncompliance as described in Section 14.75.050(0)(3), the
applicant shall pay a civil penalty in the amount calculated as two percent of the total project valuation.
Until the civil penalty is paid, the building division may withhold a certificate of occupancy. In order to
provide adequate education to applicants of this chapter and allow time for them to become familiar with
the necessary requirements, enforcement of the civil penalty shall not occur until twelve months after the
effective date of this chapter.
B. Enforcement. The city attorney is authorized to bring a civil action in any court of competent
jurisdiction to recover such civil penalties for the city of Morro Bay. (Ord. 488 § 1 (part), 2002)
14.75.090 Severability.
If any subdivision, paragraph, sentence, clause, or phrase of the this chapter is, for any reason,
held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or
unenforceability shall not affect the validity or enforcement of the remaining portions of this chapter, or
any other provisions of the city's rules and regulations. It is the city's express intent that each remaining
portion would have been adopted irrespective of the fact that any one or more subdivisions, paragraphs,
sentences, clauses, or phrases be declared invalid or unenforceable. (Ord. 488 § 1 (part), 2002)
INTRODUCED at a regular meeting the of the City Council of Morro Bay, heli
on the 25th day of October, 2010 by motion of Councilmember Winholtz, seconded by
' -
I g 6 863 � TL-,
ORDINANCE NO. 563
AN ORDINANCE OF THE CITY OF MORRO BAY, CALIFORNIA AMENDING
CHAPTER 12.08 OF THE MORRO BAY MUNICIPAL CODE ESTABLISHING
POLICIES AND PROCEDURES FOR LANDMARK TREE DESIGNATION
THE CITY COUNCIL
CITY OF MORRO BAY, CALIFORNIA
WHEREAS, the City of Morro Bay ( "City ") has adopted Local Policies and
Procedures for the regulations of Trees within the Public Right of Way; and
WHEREAS, said policies and procedures are Codified in Chapter 12.08 of the
Morro Bay Municipal Code; and
WHEREAS, the community through the Morro Bay Citizens tree Committee
recognizes that trees have an essential role supporting Morro Bay's economic and
physical health and are key element in Morro Bay's famous scenic beauty and wildlife
habitat; and
WHEREAS, the Morro Bay Citizens Tree Committee has made
recommendations to protect the trees and vegetation in our city, are designed to work for
the betterment of our present and future; and
WHEREAS, Landmark Tree recognition, designation, protection, and proactive
maintenance is an important step in establishing valuable control measures to preserve
our history as the City of Morro Bay evolves in the future; and
WHEREAS, recognized Landmark Trees give our community another
opportunity to reflect and celebrate our heritage, environment and the City's future; and
WHEREAS, City staff made recommended amendments to Chapter 12.08 of the
Morro Bay Municipal Code and presented those amendments to City Council at their
September 13 2010, City Council meeting for review and comment; and
WHEREAS, the City Council provided staff with direction and recommended
changes to the draft ordinance and City staff has since made these changes.
NOW, THEREFORE, the City Council of the City of Morro Bay does ordain
as follows:
SECTION 1. That Chapter 12.08 of the Morro Bay Municipal Code is hereby
modified and shall be coded and found to read as follows:
A. The following definitions shall be added to section 12.08.020 Definitions:
G. `Landmark tree" is any tree existing within city limits, which has been so
designated by resolution of the City Council, after review and recommendation by
the City's Public Works Advisory Board.
H. "Specimen Tree " is a tree that obviously belongs to a particular category but
is of particular interest due to its individual distinguishing characteristics, such
as color, texture, scent, or other pleasures it provides.
B. The following paragraph shall be added to Section 12.08.060:
Recognized Landmark Trees will be protected and proactively maintained for
long- life/health, under the authority of the Director of Public Services. Landmark
Trees may also be identified with a sign or plaque, as approved by the public
services director. The sign or plaque shall be provided and maintained by the
nominee at no expense to the City of Morro Bay.
C. The following section shall be added to Chapter 12.08:
I Z. 08.150 —Landmark Trees
Any Morro Bay resident may nominate a tree within the right- of -waY to be
considered for Landmark Tree designation. The nominated tree shall meet at least
3 of the 7 criteria listed below. All nominated Landmark Trees shall be reviewed
by the Public Works Advisory Board. The recommendation of the Public Works
Advisory Board shall be forwarded to the City Council for official landmark tree
designation.
Landmark Tree Criteria:
a) Any Specimen Tree or grove of significant size, beauty, cultural heritage
or habitat value.
b) Specimen tree or grove of significant habitat value for migratory birds
and butterflies.
c) Native trees or groves of historical significance to local indigenous
cultures.
d) Specimen tree or grove of agricultural significance and history.
e) Specimen tree or grove older than 80 -100 years.
J) Any Trees playing very important functional role in city parks or for city
planning and maintenance.
g) Specimen Trees or groves of significance planted by early settlers of
Morro Bay.
Ordinance No. 563 Page 2 of 3
Landmark Trees
INTRODUCED at a regular meeting the of the City Council of Morro Bay, held
on the 27th day of September 2010 by motion of Councilmember Borchard, seconded by
Councilmember Grantham.
PASSED, APPROVED AND ADOPTED on the 11th day of October 2010, by
the following vote:
AYES: Borchard, Grantham, Smukler, Winholtz, Peters
NOES: None
Evemw
+\A1 A0 +4�17 A A 0 J A4
rIffiffi-ITaffiWN-Off, 1-affirEmli
ROBERT SC , 5ty Attorney
ordinance No. 563 Page 3 of 3
Landmark Trees
(LM PAA JLA'A T-L M 8 m ( � 46
tik-
ORDINANCE NO. 562
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY AMENDING
THE MORRO BAY MUNICIPAL CODE SECTION 3.60.050
REGARDING INCREASING THE ASSESSMENT TO THE
MORRO BAY TOURISM BUSINESS IMPROVEMENT DISTRICT
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, on July 12, 2010, the City of Morro Bay Council adopted Resolution No. 40 -10
entitled, "Resolution of the City Council of the City of Morro Bay, California Declaring its
Intention to Adopt an Ordinance Increasing the Assessment on Lodging Businesses Within the
Morro Bay Tourism Business Improvement District, and Fixing the Time and Place of a Public
Meeting and a Public Hearing Thereon and Giving Notice Thereof'; and
WHEREAS, as specified in such Resolution, the City Council declared its intention to consider
adopting an ordinance to increase the amount of the Morro Bay Tourism Business Improvement District's
assessment from 2% to 3 %; and
WHEREAS, said Resolution was published and copies thereof were duly mailed and posted, all
as provided by State law and specified in the Resolution; and
WHEREAS, pursuant to Resolution a public meeting concerning the increase in the assessment
was held before the City Council on August 9, 2010 at 6 p.m. in the City Council Chambers at the
Veteran's Hall located at 209 Surf Street in Morro Bay; and
WHEREAS, pursuant to Resolution a public hearing concerning the increase in the assessment
was held before the City Council on September 13, 2010 at 6 p.m. in the City Council Chambers at the
Veteran's Hall located at 209 Surf Street in Morro Bay; and
WHEREAS, all written and oral protests made or filed were duly heard, and testimony for and
against the proposed action was received and considered; and
WHEREAS, the City Council determined that there was no majority protest within the meaning
of Streets and Highways Code Section 36525, as written protests were not received from owners of
businesses in the proposed district which would pay fifty percent (50 %) or more of the assessments
proposed to be levied; and
WHEREAS, protests are weighted based on the assessment proposed to be levied on each hotel.
For purposes of the initial formation of the district, the proposed assessment to be levied was calculated
based on the assessment rate multiplied by the most recent available data for the hotels' rental revenues.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Morro Bay that
Morro Bay Municipal Code Section 3.60.050 be amended as follows:
3. 60.050 Levy of assessment and exemptions.
A summary of this ordinance, together with the names of Council members voting for and
against it, shall be published at least five (5) days prior to its final adoption, in The Tribune, a newspaper
1�ublished and circulated in the City of Morro Bay. This ordinance shall go into effect on November L
2010.
INTRODUCED at the regular meeting • the City Council • the City • Morro Bay held on the
13t" day • September 2010, • motion • Councilmember Grantham and seconded by Councilmember
[
'14orchard,
PASSED, APPROVED AND ADOPTED by the City Council of the City of Morro Bay on the
27d' day of September, 2010 by the following vote:
Tel
W
ORDINANCE NO. 561
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF MORRO BAY AMENDING SECTION 2.12.090
OF THE MORRO BAY MUNICIPAL CODE REGARDING
THE CITY MANAGER'S POWER OF APPOINTMENT OF
CITY OFFICERS AND EMPLOYEES
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, Section 2.12.090 of the Morro Bay Municipal Code sets forth the City
Manager's Power of Appointment of City Officers and Employees; and
WHEREAS, historically the City Manager has appointed the City Clerk, City Treasurer
and City Engineer despite the exception in Section 2.12.090 of the Morro Bay Municipal Code;
and
WHEREAS, the City Council desires to amend the City Manager's Power of
Appointment of the City Officers and Employees to reflect current practices, therefore the City
of Morro Bay needs to amend Section 2.12.090 in order to make this change.
NOW, THEREFORE, following the Public Hearing, and upon consideration of the
testimony of all persons, the City Council of the City of Morro Bay does ordain Section 2.12.090
be amended as follows:
2.12.090 - Power of appointment.
It shall be the duty and responsibility of the city manager to and he /she shall
appoint, remove, promote and demote any officers and employees of the city,
except the city attorney, subject to the provisions of Chapter 2.32 and resolutions,
rules and regulations adopted pursuant thereto.
This Ordinance shall take effect and be in force thirty (30) days from the date of its
passage, and before the expiration of fifteen (15) days after its passage, it, or a summary of it,
shall be published once, with the names of the City Council members voting for and against the
same in a newspaper of general circulation published in the City of Morro Bay.
INTRODUCED at a regular meeting of the City Council of the City of Morro Bay held
on the 9th day of August, 2010 by motion of Councilmember Borchard, seconded by
Councilmember Grantham.
Cvll�l ��# �414'31
ROBERT SCHUL% C)ty Attorney
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LLL &A.L�,
,,� � � � �, •' X1.1 =1
AYES:
Borchard, Grantham, Smuklei
NOES:
None
ABSENT:
None
i . If III J `
1'
THE CITY COUNCIL
r-V
W7
WHEREAS, Section 2.24 of the Morro Bay Municipal Code sets forth the duties and
responsibilities of the Recreation and Parks Department; and
WHEREAS, the City desires to amend the Recreation and Parks Department duties and
to provide grammatical and reference accuracy; and
WHEREAS, the City of Morro Bay needs to amend Section 2.24 in order to make this
change.
NOW, THEREFORE, following the Public Hearing, and upon consideration of the
testimony of all persons, the City Council of the City of Morro Bay does ordain Section 2.24
Recreation and Parks Department be amended as follows:
2.24 Recreation & Parks Department.
2.24.010 Recreation and parks department established.
A recreation and parks department is established for the city. The functions of this
department are to provide opportunities for wholesome, year-round public
recreation service for all age groups. The recreation and parks department shall
further be responsible for development and maintenance of park and recreation
facilities, and the planning of facilities and standards in the city. (Ord. 471 § I
(part), 1998; Ord. 276 (part), 1986)
2.24.020 Recreation and parks director.
The city manager shall appoint a recreation and parks director to administer the
recreation and parks department under the direction of the city manager. The
recreation and parks director, or a duly appointed representative, shall be
responsible for permitting use of parks and facilities by persons or organizations
provided such person or organization makes application as required. (Ord. 471 § I
(part), 1998; Ord. 276 (part), 1986)
2.24.030 Use of parks/facilities.
All city parks and facilities are intended for the recreational use of the residents of
the city of Morro Bay. When not in use for city business or recreation programs,
the parks and facilities may be used by local groups and individuals for social,
cultural and recreational activities. (Ord. 471 § I (part), 1998; Ord. 276 (part),
1986)
2.24.040 Uses of parks/facilities requiring permits.
A. Any persons or organizations must obtain a permit for use of any portion of
any public recreational facilities, parks or other public property of the city for the
purposes provided in this chapter, in the manner set forth by the recreation and
parks commission.
B. If application for permit is found in good order and in compliance with
guidelines adopted by the recreation and parks commission, the persons or
organizations shall be granted use of the facility, park and/or city land as
requested.
C. In the event the director or a duly appointed representative refused to grant the
permit, the applicant may appeal such refusal in writing to the recreation and
parks commission by filing notice thereof in writing with the director within thirty
days following refusal of the permit. The commission shall consider such appeal
at its next meeting following the filing of such appeal. The commission, by
majority vote, may affirm or overrule the action of the director and may, in
overruling, impose such conditions or changes as the commission deems
reasonable.
D. Uses requiring a person or organization to obtain a permit include the
following:
1. Persons or groups proposing to erect or maintain a table, booth or similar
structure;
2. Groups of persons, exceeding seventy-five in number;
3. Persons or groups desiring to reserve a facility or park for a limited time for
their exclusive use;
4. Any persons or groups desiring to make solicitations or sales;
5. Any person or group desiring to hold a contest, demonstration or exhibit in a
park or facility for which an admission or entrance fee is charged.
6. Any . person or group engaging in the sale or consumption of an alcoholic
beverage as defined in Chapter 9.18 of this code.
E. All permits issued pursuant to this chapter are to be honored by all persons or
groups when presented with a valid copy of this permit. (Ord. 471 § I (part),
1998; Ord. 462 § 1, 1997: Ord. 276 (part), 1986)
2.24.050 Use of personal property—Recreational equipment.
-Personal property, specifically play or recreational equipment, may be issued to
any group or individual for a period not exceeding four consecutive days from the
date of issuance by the director of recreation and parks or a duly appointed
representatives, in accordance with regulations for use of such equipment. (Ord.
471 § I (part), 1998; Ord. 276 (part), 1986)
Page 2 of 4
2.24.060 Enforcement.
All park or facility use rules and regulations will be enforced by appropriate
enforcement authorities of the city. (Ord. 471 § I (part), 1998; Ord. 276 (part),
1986)
2.24.080 Harassment of others prohibited.
No person, group or organization using any parks or facilities or being adjacent
thereto shall molest or harass any other person on or within said park or facility.
(Ord. 471 § I (part), 1998; Ord. 276 (part), 1986)
2.24.090 Hours of use established.
No persons are permitted in any park or facility during hours specified by the
director of recreation and parks unless written permission is obtained from the
director for these programs. (Ord. 471 § I (part), 1998; Ord. 276 (part), 1986)
2.24.100 Violations and penalties.
Any person violating Sections 2.24.070, 2.24,080 or 2.24.090 of this chapter shall
be guilty of an infraction and shall be fined by:
A. A fine not exceeding fifty dollars for a first violation;
B. A fine not exceeding one hundred dollars for a second violation of the same
section within one year;
C. A fine not exceeding two hundred fifty dollars for each additional violation of
the same section within one year. (Ord. 471 § I (part), 1998; Ord. 276 (part),
1986)
This Ordinance shall take effect and be in force thirty (30) days from the date of its passage, and
before the expiration of fifteen (15) days after its passage, it, or a summary of it, shall be
published once, with the names of the City Council members voting for and against the same, in
a newspaper of general circulation published in the City of Morro Bay.
Page 3 of 4
INTRODUCED at a regular meeting of the City Council of the City of Morro Bay held
on the 10th day of May 2010 by motion of Councilmember Grantham and seconded by
CoU-o-ajj:mp_m r Winhn27
PASSED, APPROVED AND ADOPTED by the City Council of the City of Morro
Bay, on the 24h day of May, 2010 by the following to to wit:
AYES: Borchard, Grantham, Smukler, Winholtz, Peters
I -K
61W 01
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M„ ,�
ORDINANCE NO. 557
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY TO
AMEND SECTION 2.16.080 OF CHAPTER 2.16 OF THE MORRO BAY MUNICIPAL
CODE REGARDING THE DUTIES OF THE CITY ATTORNEY
THE CITY COUNCIL
CITY OF MORRO BAY, CALIFORNIA
WHEREAS, Section 2.16.080 of the Morro Bay Municipal Code sets forth the duties
and responsibilities of the City Attorney; and
WHEREAS, the City desires to amend the City Attorney duties and responsibilities to
include attendance at special meetings and planning commission appeals; and
WHEREAS, the City of Morro Bay needs to amend Section 2.16.080 in order to make
this change.
NOW, THEREFORE, following the Public Hearing, and upon consideration of the
testimony of all persons, the City Council of the City of Morro Bay does ordain Section 2.16.080
"City attorney— Duties" be amended as follows:
2.16.080 City attorney— Duties.
A. The city attorney shall advise the city officials in all legal matters pertaining to
city business. The city attorney shall prepare such ordinances, formal resolutions,
contracts or other legal instruments as may be required by the city council. The city
attorney shall attend all regular and special meetings of the city council, all appeals
held before the planning commission and other meetings as requested by the city
council, and give advice or opinions in writing whenever requested to do so by the
city council, or with the approval of the city manager, by any of the boards or
officers of the city. The city attorney shall approve the form of all bonds given to and
all contracts made by the city, endorsing approval thereon in writing. The city
attorney shall monitor existing and pending legislation which may affect the city.
The city attorney shall periodically report to the city council on pending and
threatened litigation in which city is a party or otherwise interested. The city attorney
shall perform other legal services required from time to time by the city council.
This Ordinance shall take effect and be in force thirty (30) days from the date of its
passage, and before the expiration of fifteen (15) days after its passage, it, or a summary of it,
shall be published once, with the names of the City Council members voting for and against the
same, in a newspaper of general circulation published in the City of Morro Bay.
3�1� 04
INTRODUCED at a regular meeting of the City Council of the City of Morro Bay held
• the 26th day • April 2010 • motion • Councilmem•er Winholtz and seconded •
Councilmember Grantham.
PASSED, APPROVED AND ADOPTED • the City Council • the City • Moff*
Bay, • I O'h day • May, 2010 • the following vote to wit:
AYES: Mayor Peters, Councilmembers Borchard, Grantham, Smukler, Winholtz
NOES: None
01-868���
J ie Boucher, Deputy City Clerk
[a I WWWATA H K91 ILA OL I W,
Page 2 of 2
Ordinance No. 5 5 6
AN ORDINANCE OF THE COUNCIL OF THE CITY OF MORRO BAY ANNOUNCING FINDINGS
AND AMENDING THE MUNICIPAL CODE BY ADDING CHAPTER 17.27 ESTABLISHING
REGULATIONS AND PROCEDURES ENTITLED "ANTENNAS AND WIRELESS
TELECOMMUNICATIONS FACILITIES" AND MODIFYING CHAPTER 17.12 TO INCORPORATE
NEW DEFINITIONS, 17.24 TO MODIFY PRIMARY DISTRICT MATRICES TO INCORPORATE
THE TEXT CHANGES, 17.30 TO ELIMINATE SECTION 17.30.030.F "ANTENNAS ", 17.48
MODIFY TO ELIMINATE SECTION 17.48.340 "SATELLITE DISH ANTENNAS" AND MODIFY
THE TITLE PAGE TO REFLECT THE NEW CHAPTER.
THE COUNCIL OF THE CITY OF MORRO BAY DOES ORDAIN AS FOLLOWS:
WHEREAS, the Planning Commission of the City of Morro Bay held a duly noticed public
hearings on considering a comprehensive update to the city of Morro Bay's Zoning Ordinance (Title 17)
and recommended approval of said update to the City Council and wherein the proposed ordinance
Number 556 was contained within this comprehensive update and therefore also recommended for
approval; and
WHEREAS, the City Council of the City of Morro Bay conducted duly noticed public hearing
on April 26, 2010; and
WHEREAS, the Council has reviewed and considered Ordinance No 556 and has found that
Ordinance No. 556 complies with the City of Morro Bay objectives, criteria and procedures for
implementation of the California Environmental Quality Act (CEQA) in that the project is covered under
the environmental document previously approved for the comprehensive update of the Zoning
Ordinance of which this ordinance was a part of and therefore no additional environmental
documentation is deemed necessary; and
WHEREAS, following the public hearing after consideration of the memorandums, staff reports,
addendums, and consideration of the comments by all persons written and oral; and
WHEREAS, notices of said public hearings were made at the time and in the manner required
by law; and
. WHEREAS, the Council has duly considered all evidence, including the recommendation of the
Planning Commission, testimony of interested parties, and the evaluation and recommendations by staff,
presented at said hearings; and
WHEREAS, the City Council finds that the proposed text amendment is consistent with the
General Plan, the Local Coastal Plan, the Zoning Ordinance and other applicable City ordinances; and
NOW, THEREFORE BE IT ORDAINED, by the City Council of the City if Morro Bay, California, as
follows:
SECTION 1. Environmental Determination. The City Council finds and determines that the project's
Negative Declaration adequately addresses the potential environmental impacts of the proposed text
amendment to the Zoning Ordinance, and reflects the independent judgment of the City Council. The
Council hereby finds that the Negative Declaration adopted for the comprehensive Zoning Ordinance
Update is adequate and further finds that no additional environmental review is required to be
conducted.
SECTION 2. Findings. The City Council makes the following findings:
1. That the above recitations are true and correct and constitute the findings of the Council in
this matter; and,
2. The proposed text amendment is consistent with the General Plan, the Local Coastal Plan, the
Zoning Ordinance and other applicable City ordinances; and
3. The proposed amendments are consistent with General Plan policies since the regulations
implement General Plan policies including those associated with preservation of
neighborhood character, Land Use, and Visual Resources; and
4. The proposed amendments will not significantly alter the character of the neighborhoods or
cause significant health, safety or welfare concerns. The proposed regulations will establish
clear guidelines for the establishment of antennas and wireless telecommunication facilities
ensuring all facilities will be established in a manner that protects the community from
health, safety or welfare concerns.
SECTION 3. Revisions. Ordinance No. 556 which revises portions of the existing Title 17 as stated
below is hereby adopted.
Modify the title page to reflect the new chapter; and
Chapter 17.12 to incorporate new definitions; and
Chapter 17.24 modify matrixes to incorporate proposed text changes; and
Chapter 17.30 "special uses" modify to eliminate section 17.30.030. F "antennas "; and
Chapter 17.48 modify to eliminate section 17.48.340 satellite dish antennas; and
Add Chapter 17.27
SECTION 4. A summary of this ordinance, together with the names of Council members voting for and
against, shall be published at least five (5) days prior to its final passage, in the Telegram- Tribune, a
newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of
thirty (30) days after its final passage.
INTRODUCED at the regular meeting of the City Council of the City of Morro Bay held on the
26th day of April 2010, by motion of Councilmember Winholtz and seconded by Councilmember
Grantham.
2
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on
the I Oth day of May, 2010 by the following vote to wit:
AYES: Mayor Peters, Councilmembers Borchard, Grantham, Smukler, Winholtz
NOES: None
ABSTAIN: None
ABSENT: None
VIA
JAMIE -B4OUCHER, DEPUTY CITY CLERK
CITY OF MORRO BAY
P60-
3
L
ORDINANCE NO. 555
AN ORDINANCE OF THE CITY OF MORRO BAY
AMENDING, CHAPTER 10.40 OF THE MORRO BAY MUNICIPAL CODE
TO ADD SECTION 10.44.070 TO REGULATE MUNICIPAL PARKING LOTS AND TO
ESTABLISH AUTHORITY TO CHARGE FEES FOR PARKING
THE CITY COUNCIL
City of Morro Bay, California
10.44.70 Municipal Parking
A. Failure to pay established fee.
No person shall park any vehicle in a municipally owned and/or operated parking lot or parking
space, except as otherwise permitted in this chapter, without paying the parking fee, if any, as
established by Resolution of the City Council and posted for use of said municipal parking lot or
parking space. The fee shall be due upon occupying the parking space with a reasonable time
provided to travel to the parking pay station and pay the fee.
B. Speed Limit.
It shall be unlawful for any vehicle to exceed a speed limit of 5 miles per hour in a municipally
owned parking lot.
C. Breaking, destroying, tampering with, etc., parking devices prohibited.
No person shall deface, injure, tamper with, open or willfully break, destroy or impair the
usefulness of any paid parking device, except by authority of the City Manager or City Council.
D. Parking exceptions.
Vehicles owned or operated by the City or State or Federal agencies may park in municipal
parking lots or parking spaces without paying established fees when such vehicles are being used
in line of duty.
E. Display of Receipt.
When posted parking fees produce a receipt for payment of said fees, the receipt shall be placed
in the vehicle on the dashboard on the driver's side and shall be clearly visible to City personnel
and the public.
This Ordinance shall take effect and be in force thirty (30) days from the date of its
passage, and before the expiration of fifteen (15) days after its passage, it, or a summary of it,
shall be published once, with the names of the City Council members voting for and against the
same, in a newspaper of general circulation published in the City of Morro Bay.
INTRODUCED at a regular meeting • the City Council of the City of Morro Bay held
• the 12th day • April 2010, • motion • Couneilmember Grantham and seconded by
Councilmember Borchard.
PASSED, ADOPTED. by the City Council of the City of Morro Bay on the 26th day of
April, 2010 by the following vote:
NOES: None
ABSTAIN: None
ie Boucher, Deputy City Clerk
Robert
RIPETAITI Me
;I i'
SECTION 10', CHAPTER 10.76 i PROVIDE AND
REGULATIONS FOR THE MORRO BAY SKATE ''
The City Council
City of Morro Bay, California
Ordinance No. 5
Page T
E. The use of coasting devices, including skateboards and in-line skates, IM
considered a hazardous recreational activity that creates a substantial risk of serio
injury or death to participants, those assisting participants, and spectators of su
activities. All users of the skate park voluntarily assume the risk of serious injury or dea
in use of the skate park facility.
SECTION 2. The City shall cause signs to be posted at the Skate Park at 23
Atascadero Road providing notice that any person riding permitted coasting devices
the facility must wear a helmet, elbow pads, and knee pads and that any person failing
do so will be subject to citation and/or prosecution pursuant to Morro Bay Municip
Code Section 10.76,040.
E'4TRODUCED at a regular meeting the of the City Council of Morro Bay, her"i
on the 22d day of March, 2010 by motion of Councilmember Winholtz, seconded
NOES: None
At
WINN
I IS- I F 117,11, � I
Segion 1. Section 3.08-105 is added to Title 3, Chapter 3.08 of the Morro Bay Municipal
Code to read as follows:
Page 2 of 4
INTRODUWCED att the regular meeting of the City- Council of the -,-'J:iLy of Morro Bay
held on the I lth day of January, 2010, by motion of Councilmember Winholtz and seconded by
Councilmember Borchard.
ORDINANCE O. 553
PASSED, APPROVED AND ADOPTED by the City Council of the City of Morro
Bay, on the 25th day of January, 2010 by the following vote to wit:
AYES: Borchard, Grantham, Smukler, Winholtz, Peters
NOES: None
ABSENT: None
2-
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BRIDGE, IJT ICE SS , City rk