HomeMy WebLinkAbout2014ORDINANCES
2014
NO. TITLE ADOPTED
584 ORDINANCE AMENDING TITLE 17 OF THE MORRO
BAY MUNICIPAL CODE TO COMPLY WITH REVISIONS
TO STATE HOUSING LAW AND THE HOUSING ELEMENT
OF THE GENERAL PLAN 03 -11 -14
585 ORDINANCE ANNOUNCING FINDINGS AND ADOPTING
AMENDMENTS TO TITLE 17 OF THE MUNICIPAL CODE
TO ESTABLISH PROVISIONS FOR MINISTERIAL REVIEW
OF SECONDARY DWELLING UNITS AND GUESTHOUSES IN
RESIDENTIAL ZONES WHERE SINGLE - FAMILY HOMES ARE
A PERMITTED USE
05 -13 -14
586 ORDINANCE AMENDING SECTION 2.08.120 OF THE MORRO
BAY MUNICIPAL CODE RELATING TO MAYOR PRO
TEMPORE
05 -27 -14
587 ORDINANCE AMENDING SECTION 3.12.030 OF THE
MORRO BAY MUNICIPAL CODE RELATING TO PRESENTING
AND FILING CLAIMS AGAINST THE CITY 05 -27 -14
588 ORDINANCE AMENDING SECTION 15.04.150 OF THE
MORRO BAY MUNICIPAL CODE RELATING TO COMMERCIAL
FISHING VESSEL SLIP QUALIFICATIONS 12 -09 -14
589 ORDINANCE ADDING SECTION 5.04.275 TO THE MORRO BAY
MUNICIPAL CODE RELATING TO THE TIME LIMITED
SUSPENSION AND REFUND OF PENALTIES FOR CERTAIN
BUSINESSES THAT PAY BUSINESS LICENSE TAXES DUE
AND OWING
11 -12 -14
590 ORDINANCE ADDING SECTION 5.08.220 TO THE MORRO BAY
MUNICIPAL CODE RELATING TO REQUIREMENTS FOR LOW
REVENUE BUSINESSES TO OBTAIN BUSINESS LICENSES 11 -12 -14
ORDINANCE NO. 590
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF MORRO BAY, CALIFORNIA
ADDING SECTION 5.08.220 TO THE MORRO BAY MUNICIPAL CODE
RELATING TO REQUIREMENTS FOR LOW REVENUE
BUSINESSES TO OBTAIN BUSINESS LICENSES
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, Morro Bay Municipal Code, section 5.04.050 requires certain
businesses, trades, professions, callings, and occupations to pay license fees as
established annually in the Business License Rate Schedule; and
WHEREAS, based on recent community comments and concerns, at its meeting
of October 28, 2014, the City Council of the City of Morro Bay passed a motion adopting
staff's recommendation and directing staff to prepare an ordinance to amend the Morro
Bay Municipal Code to require businesses that generate low annual revenue to still obtain
a business license but only pay a minimal business license fee intended to cover some or
all of the City's costs to process and issue the business license.
NOW, THEREFORE, the City Council of the City of Morro Bay does ordain
as follows:
SECTION 1: Section 5.08.220 is hereby added to the Morro Bay Municipal
Code to read as follows:
5.08.220 — Low Revenue Business
A. Notwithstanding any other provision of this title and subject to subsection C.
below, as of July 8, 2014, the regular business license tax set forth in the
Business License Rate Schedule is suspended for any business that
demonstrates it generates annual gross receipts of less than Twelve
Thousand Dollars ($12,000.00) ( "Low Revenue Business "), as shown
through submittal of tax returns for its previous tax year or by other means
acceptable to the Collector.
B. The suspension set forth in subsection A., above, shall remain in effect until
such time as the City Council may amend or repeal this section.
C. Each Low Revenue Business shall obtain a current business license in
accordance with this title and pay a license fee in accordance with the
Business License Rate Schedule; provided, that the license fee for each Low
Revenue Business shall not be greater than the amount necessary for the
City to recover some or all of the costs incurred by the City in processing
and issuing that business license.
D. Any person who paid a business license tax for a Low Revenue Business on
or after July 8, 2014, shall be entitled to receive a refund of the amount paid
in excess of the license fee described in subsection C., above.
SECTION 2: This Ordinance shall take effect 30 days after its adoption. The
City Clerk, or her duly appointed deputy, shall attest to the adoption of this Ordinance
and shall cause this Ordinance to be published and posted in the manner required by law.
INTRODUCED at a special meeting the of the City Council of Morro Bay, held
on the 6th day of November, 2014 by motion of Councilmember Leage, seconded by
Christine Johnson.
PASSED AND ADOPTED on the 12th day of November, 2014, by the following
vote:
AYES:
Irons, C. Johnson, Leage, Smukler
NOES:
None
ABSENT:
None
RECUSED: N. Johnson
IE L. ONS, ayor
WVV#=V
.1112P
kMIE BOUCHER, City Clerk
C'J WSH+W."'PANNONE, City Attorney
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF MORRO BAY, CALIFORNIA
ADDING SECTION 5.04.275 TO THE MORRO BAY MUNICIPAL CODE
RELATING TO THE TIME LIMITED SUSPENSION AND REFUND OF
PENALTIES FOR CERTAIN BUSINESSES THAT PAY
BUSINESS LICENSE TAXES DUE AND OWING
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, Morro Bay Municipal Code, Section 5.04.050 requires businesses,
trades, professions, callings, and occupations pay license fees as established annually in
the Business License Rate; and
WHEREAS, the City Council of the City of Morro Bay determined an audit of its
business licensing program was appropriate and necessary so as to ensure the City those
businesses required to obtain business licenses were doing so (the "Program "); and,
WHEREAS, on July 8, 2014, the City Council approved an agreement with
Municipal Auditing Services, LLC ( "MAS ") to conduct the audit of the City's business
licensing program for the past four years, which involves contacting all businesses doing
business in the City to determine if they had obtained the necessary business licenses;
and,
WHEREAS, MAS commenced the audit in August, 2014, and based upon its
initial contacts with businesses doing business in the City, several community members
indicated concerns with the Program's implementation; and,
WHEREAS, City staff participated in a community forum, interacted with
numerous businesses within the City regarding the Program's implementation and
determined many concerns were the result of downsizing in the City staff due to the
recent significant national recession, which caused the City not to have the personnel and
resources to actively monitor and administer its business license rules and regulations for
several years; and,
WHEREAS, based upon the information City staff received from the City's
business community regarding the confusion and uncertainty generated by the Program,
at the regular meeting of the City Council conducted on October 28, 2014, the City
Manager recommended to the City Council and the City Council directed staff take the
necessary steps to amend the Morro Bay Municipal Code to refund all penalties paid by
businesses who have come into compliance with the City's business licensing
requirements since the audit was commenced and to suspend and refund all penalties for
those businesses that come into compliance with the City's business licensing
requirements within ninety (90) days after the date the ordinance becomes effective.
NOW, THEREFORE, the City Council of the City of Morro Bay does ordain
as follows:
SECTION 1: Section 5.04.275 is hereby added to the Morro Bay Municipal
Code to read as follows:
Section 5.04.275 Limited time Suspension and Refund of Penalties.
A. Notwithstanding any other provision of this title, the imposition of
penalties, applicable to any person as set forth in section 5.04.270,
shall be suspended, if, at any time between July 8, 2014, through
March 13, 2015 (the "Amnesty Period"), that person responsible for
payment of business license taxes in accordance with to this title
pays all business license taxes then due and owing to the City.
B. Within sixty days after the effective date of this section, City shall
refund any penalties paid for failure to timely obtain a business
license to any person who paid business license fees in accordance
with to this title during the Amnesty Period.
C. As of March 14, 2015, this section shall be repealed and of no
further force and effect, unless otherwise provided by the City
Council through an amendment to this section.
SECTION 2: This Ordinance shall take effect 30 days after its adoption. The
City Clerk, or her duly appointed deputy, shall attest to the adoption of this Ordinance
and shall cause this Ordinance to be published and posted in the manner required by law.
INTRODUCED at a special meeting the of the City Council of Morro Bay, held
on the 6th day of November, 2014 by motion of Councilmember Smukler seconded by
Councilmember Leage.
PASSED AND ADOPTED on the 12th day of November, 2014, by the following
vote:
ATTEST:
J6MIE BOUCHER, City Clerk
H W. PANN0 NE, -t1iy Attorney
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF MORRO BAY, CALIFORNIA
AMENDING SECTION 15.04.150 OF THE MORRO BAY MUNICIPAL CODE
RELATING TO COMMERCIAL FISHING VESSEL SLIP QUALIFICATIONS
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, Section 15.04.150 currently refers to vessels' net tonnage as a
qualifying measuring guide to be eligible for a Morro Bay commercial slip; and
WHEREAS, net documented tonnage of a vessel in most cases does not truly
represent the fishing potential of the vessel for qualification.
NOW, THEREFORE, the City Council of the City of Morro Bay does ordain
as follows:
SECTION 1: Section 15.04.150 of the Morro Bay Municipal Code is hereby
amended to read as follows:
A. "Vessels of a commercial nature" means vessels for which the state of
California, Department of Fish and Wildlife has issued a current commercial fishing
license, and whose owner or operator holds a current commercial fishing license, and
which, within the current calendar year, has been actively used for commercial fishing
activities.
B. Such use shall be evidenced by one of the following: (i) for any vessel
measuring 26 feet or less, gross earnings or fish sales totaling a minimum of $5,000 per
year must be provided, (ii) for any vessel measuring greater than 26 feet in length, gross
earnings or fish sales totaling a minimum of $10,000 per year must be provided, (iii) the
vessel has fished at least ninety days in the calendar year.
C. Gross earnings or fish sales shall be evidenced by state of California,
Department of Fish and Wildlife commercial fish receipts or by the official commercial
fish receipts of other west coast states.
D. Proof of ninety days fishing shall be established as provided for in Resolution
23 -91 as may be amended by the city council, except that use of float plans for
qualification purposes is eliminated.
SECTION 2: This Ordinance shall take effect 30 days after its adoption. The
City Clerk, or her duly appointed deputy, shall attest to the adoption of this Ordinance
and shall cause this Ordinance to be published and posted in the manner required by law.
INTRODUCED at a regular meeting the of the City Council of Morro Bay, held
on the 12th day of November, 2014 by motion of Mayor Irons seconded by
Councilmember Christine Johnson.
vote:
AYES:
Irons, Headding, Johnson, Makowetski, Smukler
NOES:
None
ABSENT:
None
JPIE L. I—RONS,oMayor"
F.A74 a I I W
JAMIE BOUCHER, City Clerk
ORDINANCE NO. 587
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY AMENDING
SECTION 3.12.030 OF THE MORRO BAY MUNICIPAL CODE
RELATING TO PRESENTING AND FILING CLAIMS AGAINST THE CITY
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, Section 3.12.030 currently states claims against the City shall be presented
to the City by delivering or mailing the claim to the City Clerk; and
WHEREAS, the City's claim form directs claimants to file their claims with the Risk
Manager, who is responsible for processing the claim; and
WHEREAS, to avoid any confusion that might arise due to those references, the City
Council has decided to amend that section.
NOW, THEREFORE, the City Council of the City of Morro Bay does hereby ordain, as
follows:
SECTION 1: The second sentence of Section 3.12.030 of the Morro Bay Municipal
Code is hereby amended to read as follows:
"All claims against the city shall be presented to the city by delivering or mailing the
claim to the city clerk, or his/her designee."
SECTION 2: This Ordinance shall take effect 30 days after its adoption. The City
Clerk, or her duly appointed deputy, shall attest to the adoption of this Ordinance and shall cause
this Ordinance to be published and posted in the manner required by law.
INTRODUCED at the regular meeting of the City Council held on the 13th day of May,
2014, by motion of Mayor Irons and seconded by Councilmember Leage.
Page 1 of 2
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro
Bay, on the 27h day of May, 2014 by the following vote to wit:
AYES:
Irons, C. Johnson, N. Johnson, Leage, Smukler
NOES:
None
ABSTAIN:
None
ABSENT:
None
ie L. Irons, Mayor
Yof Morro Bay
Ordinance No. 587
Page 2 of 2
ORDINANCE NO. 586
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY
AMENDING SECTION 2.08.120 OF THE MORRO BAY MUNICIPAL CODE
RELATING TO MAYOR PRO TEMPORE
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, Section 2.08.120 currently refers to Vice Mayor and Mayor Pro Tem; and
WHEREAS, to avoid any confusion that might arise due to those references, the City
Council has decided to amend that section.
NOW, THEREFORE, the City Council of the City of Morro Bay does hereby ordain, as
follows:
SECTION l: Section 2.08.120 of the Morro Bay Municipal Code is hereby amended in
its entirety to read as follows:
2.08.120 Mayor Pro Tempore
In the event the Mayor cannot be physically present to preside at any Council meeting
and in order to expedite the orderly procedure of that meeting, the Council shall elect some other
member of the City Council who shall act as Mayor Pro Tempore in the Mayor's absence,
pursuant to Government Code Sections 36801 and 36802.
SECTION 2: This Ordinance shall take effect 30 days after its adoption. The City
Clerk, or her duly appointed deputy, shall attest to the adoption of this Ordinance and shall cause
this Ordinance to be published and posted in the manner required by law.
INTRODUCED at the regular meeting of the City Council held on the 13th day of May,
2014, by motion of Councilmember Christine Johnson and seconded by Mayor Irons.
Page 1 of 2
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro
Bay, on the 27th day of May, 2014 by the following vote to wit:
AYES: Irons, C. Johnson, N. Johnson, Leage, Smukler
NOES: None
ABSTAIN: None
ABSENT: None
Wnym
J Boucher,
W
City Clerk
City of Morro Bay
EVINCOMWITIMMIXEM
r
h r Pannone
it'vy Attorney
City of Morro Bay
Ja e L. Irons, Mayor
CjV of Morro Bay
Ordinance No. 586
Page 2 of 2
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
ANNOUNCING FINDINGS AND ADOPTING AMENDMENTS TO TITLE 17
OF THE MUNICIPAL CODE TO ESTABLISH PROVISIONS FOR MINISTERIAL
REVIEW OF SECONDARY DWELLING UNITS AND GUESTHOUSES IN
RESIDENTIAL ZONES WHERE SINGLE - FAMILY HOMES ARE A PERMITTED USE
THE CITY COUNCIL
City of Morro Bay, California
Case No. A00 -013 (Local Coastal Plan/Zoning Ordinance Amendment)
WHEREAS, it is the purpose of the Zoning Ordinance of the City of Morro Bay to
establish a precise and detailed plan for the use of land in the City based on the General Plan;
and
WHEREAS, it is important to have clear, consistent, and easy to use and interpret
regulations within the Zoning Ordinance; and
WHEREAS, California Government Code §65852.2 requires cities to establish standards
to allow for ministerial secondary dwelling units so as to increase the supply of smaller,
affordable housing while ensuring that they remain compatible with the existing neighborhood;
and
WHEREAS, the proposed amendments meet the intent of State Law by providing for an
option to build a secondary dwelling unit or guest house in residential zones that permit single
family dwellings and have no more than one single family home existing on the property; and
WHEREAS, on December 7, 2011, after a duly noticed PUBLIC HEARING, the
Planning Commission of the City of Morro Bay did forward a recommendation, by adoption of
Planning Commission Resolution No. 01 -11 that the City Council amend Title 17 (Zoning
Ordinance) to comply with the Government Code §65852.2; and
WHEREAS, on March 13, 2012, the City Council of the City of Morro Bay did hold a
duly noticed PUBLIC HEARING to consider the amendment regulating Secondary Units and
Guesthouses as contained in Ordinance 576; and
WHEREAS, on October 16, 2013, the Planning Commission of the City of Morro Bay,
after a duly noticed PUBLIC HEARING, did reconsider zoning code amendments in Ordinance
576 and did forward a recommendation by motion the City Council amend Title 17 (Zoning
Ordinance) to comply with the Government Code §65852.2; and
1
WHEREAS, on April 22, 2014, the City Council of the City of Morro Bay did hold a
duly noticed PUBLIC HEARING to consider the amendment regulating Secondary Units and
Guesthouses as contained in attached Exhibit "A;" and
WHEREAS, the City Council finds a Negative Declaration was prepared to evaluate the
environmental impacts of this Ordinance, and determined no significant impacts would result
from the adoption of this Ordinances; and
WHEREAS, following the PUBLIC HEARING, and upon consideration of the
testimony of all persons, both written and oral, the City Council accepted the Planning
Commission recommendation and approved the amendment.
NOW, THEREFORE, the City Council of the City of Morro Bay does ordain, as
follows:
SECTION 1: The City Council finds:
1. The above recitations are true and correct and constitute the findings of the Council in
this matter.
2. The Zoning Ordinance Amendment proposal is consistent with the Government Code
§65852.2 and includes similar language, which was previously in effect.
3. The previous amendments to the City's Zoning Ordinance, adopted by Ordinance
576, did not reflect the values of the community.
4. The proposed Zoning Ordinance Amendments will not be injurious or detrimental to
the health, safety, comfort, general welfare or well -being of the persons residing or
working in the neighborhood.
5. The proposed amendment is in general conformance with the City's General Plan and
Local Coastal Plan.
6. The Local Coastal Program Implementation Program (Zoning Ordinance)
Amendments are in compliance with the intent, objectives, and all applicable policies
and provisions of the California Coastal Act; and
7. Pursuant to Morro Bay Municipal Code Section 17.64.080, no amendment to Title 17
shall be legally effective in the coastal zone until the amendment is certified by the
Coastal Commission. If the Coastal Commission certifies this Ordinance conditioned
on substantive changes being made, then the Council will introduce and adopt another
ordinance to incorporate those substantive changes. If the Coastal Commission
certifies this Ordinance conditioned on non - substantive changes being made to this
Ordinance, then the City Clerk is authorized to amend this Ordinance to reflect those
non - substantive changes.
2
SECTION 2: The City Council hereby repeals Ordinance 507 and Ordinance 576.
SECTION 3: Based upon all the foregoing, Title 17 of Morro Bay Municipal Code (Zoning
Ordinance) is amended as contained in Exhibit "A," attached hereto and made a part of this
Ordinance:
INTRODUCED at the regular meeting of the City Council held on the 22'd day of April
2014, by motion of Councilmember Christine Johnson and seconded by Mayor Irons.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro
Bay, on the 13th day May, 2014 by the following vote to wit:
Jami"oucher, City Clerk
City of Morro Bay
JPs`6pfi W. Pannone
City Attorney
3
10.14 m I I MAN
The changes to the City's secondary dwelling unit ordinance (Title 17), and Local Coastal
Program are shown in underline for additions, while o,;'z indicates deletions. Bold
represents Planning Commission recommendations made at their October 16, 2013 meeting.
CHAPTER 17.12 DEFINITIONS
Delete Section 17.12.295, definition for "Granny Unit ", and replace with:
• i
IRM
11,01
;-
11-1
17.12.295 Secondary Dwelling Unit.
"Secondary_ dwelling unit" means an attached, of detached or located within the
residential dwelling unit, which provides complete independent living facilities for one or
more persons. It shall include permanent provisions for living, sleeping eating, cooking,
and sanitation on the same parcel as the primary dwelling. This term also means "second
unit" for the pLiMoses of Sections 65852.150 and 65852.2 of the California Government
Code.
( *In general, replace all references in the Zoning Ordinance to "granny unit" with
"secondary dwelling unit ". This includes references in Chapter 17.44, Parking and
Chapter 17.24, Primary Districts (discussed below).)
CHAPTER 17.24 PRIMARY DISTRICTS
The following changes apply to areas zoned for single - family and multi - family use,
including the AG, RA, R -1, R -2, R -3, R -4, and CRR districts.
• Allow, by- right, secondary dwelling units that meet the applicable standards in Section
17.48.320
• Delete references to "granny unit ".
17.48.315 GUESTHOUSES /QUARTERS AND ACCESSORY LIVING AREAS
Where provided by this Title, guesthouses /quarters and habitable structures for accessory
living area may be permitted in conjunction with a dwelling unit, subject to these further
requirements:
A. Guesthouse Restrictions
A guesthouse shall not contain more than six hundred forty (640) square feet of
habitable floor area containing not more than one bedroom and bathroom nor
shall it exceed thirty (30) percent of the floor area of the main residence, and no
cooking or food preparation or food storage facilities shall be provided.
Page 1 of 4
EXHIBIT A
Page 2 of 4
B. Location. Guesthouses may be established on anv lot in anv R of AC district where
a primary single- family dwelling has been previously established or is proposed
to be established in conjunction with construction of a guesthouse. Only one -
guesthouse or secondary unit is permitted per one primary single- family dwelling
on the same lot.
17.48.320 GRANNY SECONDARY UNITS
The purpose of this Section is to provide affordable low- and moderate - income housing.
Ptff stiant to Govefffinent Code Seefien 65852.2, in zenes where designated, a pen:flit m
be gr-ai4ed allowing a gfatmy seeend unit on lots whefe there is one single fafa
r-esidenee, subjeet to the folio ; ,— „ is}ens: The following supplemental regulations
are intended to comply with Government Code Sections 65852.150 and 65852.2 on
secondary units and implement the General Plan, by allowing secondary units in all R
districts subject to the following requirements. Nothing in Government Code Sections
65852.2 or 65852.150 shall be construed to supersede or in any way alter or lessen the
effect or application of the California Coastal Act except that the local government shall
not be required to hold public hearings for coastal development permit applications for
secondary units." (Government Code Subsection 65852.2(j).) Noticing for interested
parties and those properties within 100 feet of a secondary unit property will be required.
Approvals of secondary units in the appealable zone will continue to be appealable to the
Coastal Commission.
A.B-. Location
Said unit may be located, as an accessory use, on any R lot zoned for single -
family or multi - family uses in accordance with the District Tables in Chapter
17.24 where a primary residential use has been previously established or proposed
to be established in conjunction with said unit. Only one secondary unit or one
guesthouse is permitted per one primary single - family dwelling on the same lot.
The secondary unit shall be allowed on any lot zoned AG, if the secondary unit is
expressly designated and used for farm laborer quarters.
EXHIBIT A
Page 3 of 4
B.C—. Lot Coverage
Maximum lot coverage shall be as allowed for the Zoning District that in which
they are located4n.
C.D-Design
Said unit shall be eensistefA wM the ar-ehiteewfal style of the main fesidenee and
the , and ldlilllie.
The unit shall be consistent and /or reasonably compatible with the architectural
style of the main residence and the neighborhood, and shall be located on the
same lot as the primary residence.
D.E—Size
exeeed 1,200 square feet-. The total floor area, not including a garage, for a
detached secondary unit shall not exceed the lesser of 900 square feet, as per
State guidelines, or fifty percent of the square - footage of the existing single -
family dwelling on the same lot, except as provided below. The increased floor
area of an attached secondary unit shall not be permitted to thirty percent of the
existing living area. Up to 1,200 square feet may be allowed with a
Conditional Use Permit pursuant to Chapter 17.60.
E. Parking
A minimum of one additional parking space per bedroom, not to exceed two
spaces, shall be provided. The parking spaces can be open and uncovered,
however may not be in tandem with the required parkin og_ f the principal dwelling
unit but can be located in setback areas and in tandem if both spaees are fo
and where more than one space is required for a secondary
unit, tandem spaces shall only be allowed with a Conditional Use Permit
pursuant to Chapter 17.60.. The principal dwelling unit must conform to the
parking requirements of Chapter 17.44 "Off- Street Parking and Loading." Off-
stfeet par-king shall be pefmit4ed in sethaek areas of through
tandem purluu,—,
„loss the felle.., ng speeifie findings n add!
ENRON
EXHIBIT A
Page 4 of 4
W. MW I 1 .0
F. Compliance with Title 14 and applicable provisions of Title 17
A secondary unit shall be in conformance with all applicable provisions of Title
14 of the Morro Bay Municipal Code in addition to the applicable requirements
for height, setback, lot coverage, etc. pursuant to the provisions of Chapter 17.24.
U
A
L7
d
i.
rl
U
O
N
O
ct'
N
on
c
m
d
a
b
�
N
Ri V]
� O
N
p O
o �
3
E.n
U O
y
U
ro
� O �
N
N
v
�aa
C7 .aU
.°3
G .
•
j� ._ bA
N
� x
U�Drx
a
coo
'a w >
• a o o
°- o
:4
'O
N C N N
ap .�.C7
oz
c
I
c
•o
� a. U c � v �
nn°N
E bb .ro y
czs
R y
f�0 O
to 0
w
aU+ 7
U
t�C O C .O
Q. ai ❑_
pp
U❑ w
0
"
a
c
'�
ro
c 3 °' U
a
O
„ w'
Lan
•y w E
L^
U
A
C."
'C
C".
CC
O
M
O
N
ri
cd >
U
� E U L
a
U
❑ Rx
d °N E
O °�'
R
_
R
O
N"U �
O
h
bo
U
U
U
'a
b
a
W
W
O —.
O^
O
bD 5
U ,d
k
U] U)
3
U
o
'O
°
C°
• C G ,.O
O
N
N
O
Z
N
�
�wcii
o
�
o
N
L1 O
F
O
•U
R
. O R
N
O
�Q cn
E 'd 'C7
'O
O O
N N
O
cz:.
O O
UPC
yy °
o ❑
R
nu
E
> "o
� 2 E
°
o
N
R
E
cn
3
C, R R
a U
3
ca
i w bo
"1U
7 0 °
N °
° A % as C
tb R
R
'-' i �t.V7 •� r-Ci�
U cOa
is u
Cn
p aJ
ti •� a N
m bD o
o
h
O •_
v v°
Y N
c
$
o
ro
C
^�� o
a`
cUi R
°
CL
E
°
c
°
w w° Z E m.
v
U> E v °
w
W
v�'
d
U
CC
U
i.
A
ri
1
c�
U
NU
I�
r�
U
Q
N
E
ro
o 0 .
E
•k N
7 rl'
3 uo
bD
rq
b
�t� E
'�"
� K � 'C � W
cOa
4ro .•�- y
c° o
b E
o � �
a°
o o o
a
3
cn 'n C
3
w o
� b
lu
•3 3 E
�v�v��D-
O
GL V]
O N
c�C O 7 O It =s
4J
O
D
o
a
o
o
ai .o 3 z
p
ai
Cq rid R
N � '�
'•
b
"'
�
^
U 171
❑ b°
k b
3 x
N
N
pq
G �
C N a'
o �
�
Urn:
(U
m
O
N
M
ti
ti v o 3
O N
m
O
W
�1'
O
M
t
Cd
to
_ o C Ly
w
a E �
O
Pa-
V
•nM
A
RS
:i
O
O
N
E
=1 CID
o
o
0
a U
d
w
^O
.� .y gyp'
O 'O C
p -p
c
72 ro
cC
3 3 "
3
b
'7 V N W
bob o > O
ON
N
0
0
�wvz
RS
.O pip a>
O
N
0
E
'X
rq
pp
N
N
o � °
UDR;
•N .i
N
�
�
00
�
�
M
w
yd
a. o
2
3 a
bi
o
d o a
a
°
a
°
o_
c
o
c c
o
o"
>
b
y
a
bz a
c -°
u°Y�o
ai 42'
akia�
uLz-�
w 3 U
o
rA
C�
U
A
NM
FBI
CC
•nw
ii
;a
w
C
N
P
cd
3 U
�
b
b
c0
G'o v w
Q
o U W
G cC �
U OKi O D U CC U O
b
ro
cn cn t �^
oc� E �, o
4J W 7 �-a bUA U o N W
O
O
N O 'C_3
O b .'�-' cXa O C7 N
3 ° U 3
v cn W
3
rq
U
N
.�-
s
cn
C
N N
k �
0.l x
USCG
3
ro
fl
o
on a° 3
"
a
U
y
❑
c
N ca .a O
7
�"
O
U
_U
ap
°
bb
sa
o °�'
to '0
C • R
U
O T
U
O O
ca
O
b.0 +'
C
'-�
.0
.�
U
3 ° o
w
p
C
ti
E w
°a°
;_
a
o c
u
o
a
o
8
x
-O
°
° O
w° ca 3 U
Q
x °c
C7
cn
�
o U
fl
o
U
i
o
o
n
L�
L^
U
A
1
�r
^L3
C
O
O
N
ri
O
s.
,X O
C3 >
U
O
b
U
A U
A N N
O N N
o
CG 3 U ..
v 3
E
O
a
N
'O
O ro X O
U
U
AN
X
N �n O cd
N 'O O cd
cz
CZ
3
3
O x
O v
t
C
E
N
C
y O
CD
CD
C ¢,
C
O •�
� W C,
O
�
o
N
n
O
M
W V]
V]
CG W
E
b
o
0
•
� x
M
M
c3 +,
EO
U
*m
Y
cr
o � U
U � �
N
on
y
to v °
L' °
C bD
O ,�
CD bb
"Cl I O 3
R N
OD .0 O
bD 30 U
7
O
cz:
= �a v
m o
N cOa..0 -1-1
.�
o
'o'
cOa
c�C vii
v ti V
�a
cOa
a�i
i
a
cOa
qD
O
CO
N
E U_ E
O m
M
W
O.
to
EE
-p O ^ b
E A
O.
n
N
o°
ca.
cOd :Y R7
C1,
A -R E
to I
o `°°" E 3
O
s w o
a
'D
O
�"
E O w
c
O
C O
O U
C y
c�a
7
L
coC 'O
CC
ti
E
a a�
�- w iC 3 U cC
Q .'�- -�
x G
C7 aF
V]
u
U
CG .�
x N
U A O C E E
Cl,
C1. A
U]
CC
V
•nM
A
h�l
U
c�
v
a�
C
C
N
r
r
U E o U
o
E
°
bA
'C
C
s0.
Q
�
c
O^
U
b
�
C
a
a
i-.
to U C
C ca
a.•�
U a�
b
rn
E
p E i0 :b p
° a N .� y ° o
N
� w rig
E
S ° 15 o
E¢`
° ° �•° 3•E °
a
en
O ai
o^
•X
N N
•� bD
v ti c3 v ti ro
�y
a•
o � �
u
y
12
ro
t U
�
C
C
N cCa -q 03 U
N� .O ,—. .�
bD U
C F O
L tj
N y C
N C
U
y
tiU a
3 p m � H
❑
cc
O'.
�.�
�
It m
v
c O
cL
��C7a. �
en �•�
o �
U' �
EL
C a) O
C Y
N
C
U
ORDINANCE NO. 584
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
AMENDING TITLE 17 OF THE MORRO BAY MUNICIPAL CODE
TO COMPLY WITH REVISIONS TO STATE HOUSING LAW AND
THE HOUSING ELEMENT OF THE GENERAL PLAN
WHEREAS, it is the purpose of Title 17 of the Morro Bay Municipal Code (Zoning
Ordinance) to establish a precise and detailed plan for the use of land in the City of Morro Bay
based on the Local Coastal Plan and General Plan; and
WHEREAS, it is important to have clear, consistent, and easy to use and interpret
regulations within the Zoning Ordinance; and
WHEREAS, Government Code Section 65583(c)(1) requires that sites with appropriate
zoning and development standards and services and facilities be identified as needed to facilitate
and encourage the development of a variety of types of housing, including housing for
agricultural employees, supportive housing, single -room occupancies, emergency shelters, and
transitional housing; and
WHEREAS, Sections 17021.5 and 17021.6 the State Health and Safety Code and the
Employee Housing Act set standards for the construction, maintenance, use and occupancy of
living quarters called "employee housing ", including but not limited to farmworker housing; and
WHEREAS, Government Code Section 65583(a)(4) requires the identification of a zone
or zones where emergency shelters are allowed as a permitted use without a conditional use or
other discretionary permit, and that the identified zone or zones shall include sufficient capacity
to accommodate the need for emergency shelter identified in paragraph (7) of Government Code
Section 65583(a), except that each local government shall identify a zone or zones that can
accommodate at least one year -round emergency shelter; and
WHEREAS, Government Code Section 65583(a)(5) requires an analysis of potential and
actual governmental constraints upon the maintenance, improvement, or development of housing
that demonstrates local efforts to remove governmental constraints that hinder the locality from
meeting the need for housing for persons with disabilities, supportive housing, and transitional
housing, and that transitional housing and supportive housing shall be considered a residential
use of property and shall be subject only to those restrictions that apply to other residential
dwellings of the same type in the same zone; and
WHEREAS, the Federal Fair Housing Act and the California Fair Employment and
Housing Act require that a reasonable accommodation procedure be established to ensure a fair
and efficient process for persons with disabilities to make necessary accessibility adjustments to
their homes, which will allow housing retrofits for disabled persons without discretionary
review; and
WHEREAS, the adopted 2009 -2014 Housing Element of the Morro Bay General Plan
requires consideration of amendments to the text of the Zoning Code to increase housing supply
and obtain densities closer to those envisioned by zoning policies by prohibiting single - family
homes in the R -3 and R -4 zoning districts; and
WHEREAS, Government Code Section 65915 requirements for the adoption of a density
bonus program to facilitate and encourage the maximum build out of available sites has been
modified in 2005 (SB 1818); and
WHEREAS, the proposed amendments to the text of the Zoning Ordinance are intended
to implement programs identified in the adopted 2009 -2014 Housing Element of the Morro Bay
General Plan, which that will bring the Zoning Ordinance into compliance with the above cited
Government Code sections; and
WHEREAS, the proposed amendments to the text of the Zoning Ordinance are exempt
from environmental review pursuant to Section 15061(b)(3) of the California Environmental
Quality Act (CEQA) Guidelines under the general rule that CEQA only applies to projects which
have the potential for causing a significant effect on the environment; and
WHEREAS, environmental review was conducted for the 2009 -2014 Housing Element
(SCH #2009081040) and the proposed amendments are to implement policies contained in the
Housing Element which do not increase density, nor cause additional development impacts
associated with the proposed amendment beyond that which was included in the environmental
review; and
WHEREAS, the Planning Commission of the City of Morro Bay, on January 15, 2014
after a duly noticed PUBLIC HEARING, did forward a recommendation, by adoption of
Planning Commission Resolution No. 01 -14 that the City Council amend Title 17 (Zoning
Ordinance) to bring the Zoning Ordinance into compliance with the above cited Government
Code sections and more specifically approves Zoning Text Amendment #A00 -018 and forwards
a favorable recommendation to the City Council to approve said Zoning Text Amendment
"Amending Title 17 of the Morro Bay Municipal Code implementing policies of the Morro Bay
2009 Housing Element" by adopting Ordinance Number 584; and
WHEREAS, the City Council held a duly advertised public hearing on January 28, 2014
and on February 25, 2014 to consider adoption of the proposed amendments to the Zoning
Ordinance; and
WHEREAS, following the PUBLIC HEARING, and upon consideration of the
testimony of all persons, both written and oral, the City Council accepted the Planning
Commission recommendation and approved the amendment.
NOW, THEREFORE, the City Council of the City of Morro Bay finds as follows:
-2-
That the above recitations are true and correct and constitute the findings of the Council
in this matter.
2. That the proposed Zoning Ordinance Amendments will not be injurious or detrimental to
the health, safety, comfort, general welfare or well -being of the persons residing or
working in the neighborhood.
3. That the proposed amendments are in general conformance with the City General Plan
and Local Coastal Plan.
4. That the Local Coastal Program Implementation Program (Zoning Ordinance)
Amendments are in compliance with the intent, objectives, and all applicable policies and
provisions of the California Coastal Act; and
5. Pursuant to Morro Bay Municipal Code Section 17.64.080 no amendment to Title 17
shall be legally effective in the coastal zone until the amendment is certified by the
Coastal Commission.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY,
CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
Title 17 of the Morro Bay Municipal Code is amended to read in applicable part as follows:
Section 1. Chapter 17.12 - Definitions, is hereby amended to add or modify the following:
A. Section 17.12.267 - Emergency Shelter. "Emergency shelter" means housing with
minimal supportive services for homeless persons that is limited to occupancy of
six months or less by a homeless person. No individual or household maybe
denied emergency shelter because of an inability to pay_
B. Section 17.12.268 - Employee Housing_ Employee housing," includes but is not
limited to farmworker housing_ Employee housing for 6 or fewer workers shall
be deemed to be a single - family structure with a residential land use, and shall be
treated the same as a single family dwelling of the same type in the same zone.
The permitted occupancy in employee housing in a zone allowing, agricultural
uses shall include agricultural employees who do not work on the property where
the employee housing is located, and may consist of no more than 36 beds in a
g_rouqp quarters or 12 units or spaces designed for use by a single family or
household on land zoned for agricultural uses. Such employee housing shall be
considered to be an activity that in no way differs from an agricultural use.
C. Section 4q4,12-67- 17.12.269 - Environmentally sensitive habitat.
D. Section17-42-1" 17.12.270 - Equestrian boarding.
E. Section 4q42-.2-69 17.12.271 - Estuary.
F. Section 4742-.2-7-0 17.12.272 - Family.
G. Section 17.12.432 - Low, very low, extremely low, and moderate household
income. "Low, very low, and moderate household income" means, for the
-3-
purpose of evaluating housing affordability, housing need, and eli ig bilit
housing assistance, State Income Limits as defined by guidelines adopted
annually by the California Department of Housing and Community Development
(HCD)for San Luis Obispo County.
H. Section 17.12.433 — Low, very -low, extremely, and moderate income
housing. "Low, very -low, extremely -low, and moderate income housing" means
housing for which the rent or monthly mortgage payment, together with taxes and
basic utilities, does not exceed 30% of total household income. the etff..°„+
market ° fvisYv vvuuAy
as established fef Seetien 8, reusing Assist iiee Payments Pfag«ams by +L °
United States Tlepaf+,f.°R+ of Housing . f,.1 TT,-1,a Deye1„,,,,,°„+
Section 17.12.504 — Residential Density. "Residential density" is the maximum
number of dwelling units allowed per acre by the Local Coastal Program for each
zoning district. All residential development, including but not limited to single -
family, multi - family, residential care facilities, supportive and transitional
housing is s subject to the residential density established by the parcel's zoning
district and cannot exceed the LCP's density restrictions, except as provided for
elsewhere in this Chapter.
Section 17.12.581 — Single -Room Occupancy (SRO). "SRO" means a multi -unit
housing project for single persons typically consisting of f single rooms and shared
bathrooms, and may include a shared common kitchen and activity area. SROs
may be restricted to seniors or be available to persons of all ages.
K. Section 17.12.626 — Supportive Housing "Supportive housing" means housing
with no limit on length of stay, that is occupied by a target population, and that is
linked to an onsite or offsite service that assists the supportive housing resident in
retaining the housing, improving his or her health status, and maximizing his is or
her ability to live, and, when possible, work in the community.
L. Section 17.12.627 — Target Population. "Target population" means persons with
low incomes who have one or more disabilities, including mental illness, HIV or
AIDS, substance abuse, or other chronic health condition, or individuals eligible
for services provided pursuant to the Lanterman Developmental Disabilities
Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and
Institutions Code ) and may include, among other populations, adults, emancipated
minors families with children, elderly persons, young adults aging out of the
foster care system, individuals exiting from institutional settings, veterans, and
homeless people.
M. Section 17.12.640 — Transitional Housing. "Transitional housing" means
buildings confgured as rental housing g evelopments, but operated under program
requirements that mandate the termination of assistance and recirculation of the
M
assisted unit to another eligible program recipient at a predetermined future point
in time that shall be no less than six months from the beginning of the assistance.
Section 2. Section 17.24.020 — Agriculture (AG) District, is hereby amended as follows:
A. Section 17.24.020.A Purpose. The purpose of the Agriculture (AG) district is to
provide for the continuation of agricultural uses in suitable areas and for supplemental
commercial uses which may be necessary to support such continued agricultural
activities. New development in this district shall also be sited and designed to protect
and enhance scenic resources associated with the rural character of agricultural lands.
It is the intent of the city that it shall maintain the maximum amount of prime
agricultural land in agricultural production to assure the protection of the area's
agricultural economy, and to facilitate and encourage the provision of decent,
affordable housing for farm workers by not requiring a conditional use permit, zoning
variance, or other zoning clearance for farmworker housing that is not required of any
other agricultural activity in the Agriculture (AG) zone, except that a Coastal
Development Permit is required consistent with the Local Coastal Program. In
addition, it is the city's intent that all nonprime agricultural land within the city
suitable for agricultural use shall not be converted to nonagricultural uses unless:
1. Continued or renewed agricultural use is not feasible; or
2. Such conversion would preserve prime agricultural land or concentrate
development consistent with Public Resources Code, Section 30250.
Section 3. Section 17.48 — General Regulations, Conditions and Exceptions, is hereby
amended to add or modify the following:
A. Section 17.48.120 Porch, landing place or stairway projections is hereby
amended to expressly add handicapped ramps to those items that may project
into interior side, rear, front yard or street side yards, as established by this
provision.
B. Section 17.48.360— Emergency Shelter. It is the purpose of this section to
facilitate and encourage the provision of emergency shelter for homeless persons
and households by allowing permanent year -round emergency shelters without a
conditional use permit or other discretionary action in the C -1 (Central Business)
zone, subject only to the same development standards that apply to the other
permitted uses in these zones, except for the following requirements unique to
emergency shelters, as authorized by Government Code Section 65583(a)(4):
1. The maximum number of beds or persons to be served nightly
emergency shelter shall be 35.
2. Off - street parking shall be based upon demonstrated need, provided that
parking for an emergency shelter shall not be more than that required for other
commercial or industrial uses permitted in the Central Business (C -1) zone.
3. Appropriately sized and located exterior and interior on -site waiting and
intake areas shall be provided.
4. Appropriate exterior lighting shall be provided.
-5-
5. On -site management shall be provided.
6. Security shall be provided during the hours that the emergency shelter is in
operation.
7. The maximum length of stay by a homeless person in an emergency shelter
shall be six (6) months.
8. An emergency shelter shall not be located within 300 feet of another
emergency shelter.
9. No individual or household shall be denied emergency shelter because of an
inability to pay.
C. Section 17.48.370 — Single -Room Occupancy (SRO). It is the intent of this
section to facilitate and encourage the provision of affordable shelter for low -
income persons with special housing needs by allowing SRO housing without a
conditional use permit or other discretionary action in the Central Business (C -1)
zone and with a minor use permit in the Mixed Commercial /Residential (MCR)
zone subject only to the same development standards that apply to the other
permitted uses in these zones, except for the following requirements unique to
SROs:
1. Occupancy. An SRO unit shall be occupied by a single person. Occupancy
of SRO units may be restricted to seniors or be available to persons of all
ages.
2. Special Development. Units in an SRO housing g evelopment shall consist of
a single room and may have a private or shared bathroom. A shared common
kitchen and activity area mgy also be provided.
3. Management Standard. On -site management shall be provided.
D. Section 17.48.400 — Reasonable Accommodation Procedure. This section
provides a procedure to request reasonable accommodation for persons with
disabilities seeking equal access to housing under the Federal Fair Housing Act
and the California Fair Employment and Housing Act the Acts) in the
application of zoning laws and other land use regulations, policies and
procedures.
1. Applicability.
A. A request for reasonable accommodation may be made by any person
with a disability, their representative or M entity, when the application
of a requirement of this Zoning Ordinance or other city requirement,
policy or practice acts as a barrier to fair housing opportunities. A person
with a disability is a person who has a physical or developmental
impairment that limits or substantially limits one or more major life
activities anyone who is regarded as having such impairment or and
who has a record of such impairment. This chapter is intended to apply
to those persons who are defined as disabled under the Acts.
B. A request for reasonable accommodation may include a modification or
exception to the rules, standards and practices for the siting,
'f.'l
development and use of housing or housing- related facilities that would
eliminate regulatory barriers and provide a person with a disabilityqual
opportunity to housing of their choice.
C. A reasonable accommodation is granted to the household that needs the
accommodation and does not apply to successors in interest to the
property.
D. A reasonable accommodation may be granted in compliance with this
chapter without the need for the approval of a variance.
E. Requests for reasonable accommodation shall be as described in the
following section.
2. Application Procedure.
A. Application. Requests for reasonable accommodation shall be submitted in
the form of a letter to the Public Services Director and shall contain the
following information:
1. The applicant's name, address and telephone number;
2. Address of the property for which the request is being made;
3. The current actual use of the property
4. The basis for the claim that the individual is considered disabled under
the Acts;
5. The Zoning Ordinance provision, regulation or policy from which
reasonable accommodation is being requested; and
6. Why the reasonable accommodation is necessary to make the specific
property accessible to the individual.
B. Review with Other Land Use Applications. If the project for which the
request for reasonable accommodation is being made also requires some
other discretionary approval (e.g., conditional use permit, coastal
development permit, etc.), then the applicant shall file the application for
discretionary pproval together with the information required by
Subsection A above for concurrent review.
Review Authority.
A. Public Services Director. Reauests for reasonable accommodation shall be
reviewed by the Public Services Director, or his/her designee if no
approval is sought other than the request for reasonable accommodation.
The written determination to rg ant, grant with modifications, or den�the
request for reasonable accommodation shall be made in accordance with
the Findings and Decision as established below.
B. Other Review Authoritv. Reauests for reasonable accommodation
submitted for concurrent review with another discretionary land use
application shall be reviewed by the authority responsible for reviewing
the discretionary land use application. The written determination to grant,
grant with modifications, or deny the request for reasonable
accommodation shall be made in accordance with the Findings and
Decision as established below.
-7-
4. Findings and Decision. The written decision to grant or deny a request for
reasonable accommodation will be consistent with the Acts and shall be
based on consideration of the following factors:
A. Whether the housing, which is the subject of the request, will be used by
an individual disabled under the Acts;
B. Whether the request for reasonable accommodation is necessary to make
specific housing available to an individual with a disability under the Acts,
C. Whether the requested reasonable accommodation would impose an undue
financial or administrative burden on the City;
D. Whether the requested reasonable accommodation would require a
fundamental alteration in the nature of a City program or law, including
but not limited to land use, zoning, or the Local Coastal Program; _
E. Potential impact on surrounding uses;
F. Physical attributes of the property and structures; and
G. Alternative reasonable accommodations that mgy provide an equivalent
level of benefit.
5. Conditions of Approval. In rg anting a request for reasonable accommodation,
the reviewing authority may iMpose any conditions of approval deemed
reasonable and necessary to ensure that the reasonable accommodation
would comply with the findings required herein. The conditions shall also
state whether the accommodation granted shall be rescinded in the event that
the person for whom the accommodation was requested no loner resides on
the property.
Section 4. Section 17.24 - Primary Districts, is hereby amended as follows:
A. Section 17.24 — Uses permitted in each zone are amended to allow the following
uses to be principally permitted in the zones indicated:
AG I Agriculture
Employee Housing
(max 36 beds in a group quarters or 12 units or spaces)
with approval of a CDP where applicable
Supportive Housing and Transitional Housing
within a residential structure that is consistent with the LCP,
with approval of a CDP where applicable
R -1 I Single- family residential I Employee Housing (for 6 or fewer workers)
In
R -3
..
MCR
R -4
Multiple - family residential
Supportive Housing and Transitional Housing
Employee Housing (for 6 or fewer workers)
Supportive Housing and Transitional Housing
Supportive Housing and Transitional Housing
Coastal resource residential Employee Housing (for 6 or fewer workers)
B. Section 17.24 — Uses permitted in each zone are amended to allow the following
uses to be permitted with a Minor Use Permit in the zones indicated:
Mixed Commercial/Residential I Employee Housing (for 6 or fewer workers)
Single Room Occupancy (SRO)
Supportive Housing and Transitional Housing
Multifamily residential- hotel- Single- family residential, where the sites' characteristics,
professional such as size or topography, would preclude multi- family
development.
WI
All principally permitted uses listed in the
R -1 and R -2 districts, where the sites' characteristics, such
as size or topography, would preclude multi- family
development.
Section 5. Section 17.50 — Affordable Housing, Density Bonuses and Incentives, is hereby
revoked in its entirety and replaced as follows:
Sections:
17.50.010 - Purpose.
17.5 0.020 -,General affordable housinsa requirements.
17.50.030 - In -lieu fees for affordable housing.
17.50.040 - Density bonuses and incentives.
17.50.050 — Assurance of continued availability.
17.50.060 — Consistency with State Law.
Section 17.50.010 - Purpose. The purpose of this chapter is to:
A. Meet the requirements to brovide affordable housing contained in Government
Code Sections 65580- 65589.8 through inclusionary housing; and
B. Promote and facilitate the provisions of very low, low, and moderate - income
housing consistent with the provisions of Government Code Sections 65915-
65918 and the Housing Element of the General Plan.
Section 17.50.020 — General affordable housing requirements.
A. Pursuant to the requirements of Government Code Sections 65580- 65589, all new
residential developments of five or more for -sale units shall provide a minimum
of one inclusionary unit or ten percent of the total number of units, whichever is
greater, to be affordable to families with incomes in the very low -, low or
moderate - income ranges, depending on the needs of the City at the time of
approval. The lower - income units may be either for rent or for sale, but shall
remain affordable for at least 30 years, or such other term approved by the City,
consistent with state law.
B. In accordance with Government Code Section 65590, the Citv shall require the
developer to provide affordable housing on -site where feasible. If the City
determines that this is not feasible based on a detailed economic analysis prepared
by a City- contracted consultant at the cost of the applicant, the City shall require
the developer to provide such housing at another location in Morro Bay. If the
City determines that it is not feasible for the developer to provide such affordable
housing off -site, the developer shall pay a fee in lieu of providing such housing.
Said fee shall be as prescribed in 17.50.030.
C. For the purposes of calculating the number of affordable inclusionary
required by this Section, any additional units authorized as a density bonus will
not be counted in determining the he required number of inclusionary units.
-10-
Section 17.50.030 — In -lieu fees for affordable housing.
In cases where the provisions for the required affordable housing are not being
met on -site or off -site the applicant may contribute in -lieu fees. Said fees shall be
paid prior to issuance of a building permit or final tract map. Fees shall be
established on a project basis using the following method:
Construction Cost X % of Fee based on Project Size, where construction costs
include all expenses related to the development of housing units, including land,
and,
construction on- and off -site infrastructure and associated soft costs.
Pro'ect Size
% of each 1 unit cost or fraction there'' of
8 Units
10%
9 Units
15%
10 Units
20%
11 Units''
30%
12 Units
40%
13 Units
50%
14 Units
60%
15 Units.
16 Units
80%
17 Units
90%
18 Units
100%
A. Fees accented for affordable housing shall be used by the city to construct or
assist in the construction of housing for rent or sale to very low, low and moderate
income families or to purchase land for the pumose of affordable housing or to
assist very low, low and moderate income families to afford adequate housing or
for other measures to provide housing for low and moderate income families. The
city may, at its option transfer in -lieu fees to another public agency as a nonprofit
housing provider for the purpose of providing affordable housing in the city of
Morro Bay.
Section 17.50.040 — Density bonuses and incentives.
A. Applicability. Pursuant to the requirements of Government Code Sections 65915-
65918 the provisions of this Section apply to the construction of five or more
housing units that satisfy one or more of the following criteria:
1. At least 10% of the units are designated for low- income households:.
2. At least 5% of the units are designated for very low - income households;
3. At least 10% of the units are designated for moderate - income households,
provided that all units in the development are offered to the public for
purchase;
-11-
4. 100% of the units are designated for seniors citizens as defined in Section 51.3
and 51.12 of the Civil Code or mobile home park that limits residency based
on age requirements for housing for older persons pursuant to Government
Code Section 798.76 or 799.5;
5. Donation of land to the city consisting of at least one acre, or of sufficient
developable acreage and zoning classification to permit construction of at
least 40 units, and not less than 10% of the residential units in the proposed
development, that are affordable to very -low income households.
B. Calculating the density bonus. A density bonus shall be calculated on a sliding
scale based upon the amount by which the percentage of affordable housing units
exceeds the minimum number of affordable units required to qualify for a density
bonus established in Section 17.50.020. The density bonus shall be calculated as
follows:
1. A 20% density bonus, increasing by an additional 1.5% for each additional
1% increase in low- income units above the initial 10% threshold, per Section
17.50.040A1, above.
2. A 20% density bonus, increasing by an additional 2.5% for each additional
1% increase in vet low - income units above the initial 5% threshold , per
Section 17.50.040A2, above.
3. A 20% density bonus for senior citizen housing developments pursuant
Government Code Section 65915(8)(3).
4. A 5% density bonus increasing by an additional 1% for each additional 1%
increase in moderate - income units above the initial 10% threshold, per
Section 17.50.040A4, above.
5. When an applicant proposes to construct a housing development that is
eligible for a density bonus under Sectionl7.50.030 A and includes a
childcare facility that will be located on the premises of, or adjacent to, the
housing development, the city shall either:
a. An additional density bonus that is an amount of square feet of
residential space that is equal to or greater than the square footage of
the childcare facility; or
b. An additional concession or incentive that contributes significantly_ to
the economic feasibility of the construction of the childcare facility.
6. Maximum density bonus. The maximum density bonus authorized by this
section Section 17.50.030A, and Section 17.50.030 B, collectively, is 35%
when a project provides either 11% very low- income units, 20% low- income
units, or 40% moderate - income units. All density bonus calculations resulting
in fractional units shall be rounded up to the next whole number of housing
units.
C. Developer incentives.
1. Restrictions. When an applicant seeks a density bonus as prescribed by
Government Code Section 65915, the City will grant the number of developer
-12-
incentives as required by Section 17.50.040C2, below, unless it makes M of
the following f indings:
a. The developer incentives are not required in order to provide affordable
housing, as defined in Section 50052.3 of the Health_ and Safety Code, or
for rents for the targeted units to be set as specified in Government Code
Section 65915(c).
b. The developer incentives would have a specific adverse impact, as defined
in paragraph (2) of Subdivision (d) of Section 65589.5, upon public health
and safety or the physical environment or an any real property that is listed
in the California Register of Historical Resources and for which there is no
feasible method to satisfactorily mitigate or avoid the specific adverse
impact without rendering_ the development unaffordable to low- and
moderate - income households.
c. The developer incentives would be contrary to State or Federal law.
2. Number of developer incentives. A developer eligible to receive a density
bonus shall receive the following number of concessions or incentives, in
addition to a density bonus:
a. One concession or incentive for projects that provide either 10% of the
units affordable to low- income households 5% of the units affordable
to very low- income households, 10% of the units affordable to
moderate - income households or childcare facilities.
b. Two concessions or incentives for projects that provide either 20% of
the units affordable to low- income households at least 10% of the
units affordable to very low - income households, or 20% of the units
affordable to moderate - income households.
c. Three concessions or incentives for projects that provide either 30% of
the units affordable to low- income households at least 15% of the
units affordable to very low- income households, or 30% of the units
affordable to moderate - income households.
3. Parking. Upon request of a developer eligible to receive a density bonus, the
cit shall the following parking standards, inclusive of handicapped and
guest parking for the entire project as required by Government Code Section
65915(p)(1):
a. Zero to 1- bedroom units — 1 on -site parkin space pace per unit
b. Two or more - bedroom units — 2 on -site parking spaces per unit
4. Developer incentives defined. For the purposes of this Section, concession or
incentive means any of the following_:
a. Reduced site development standards or modified zoning code or
architectural design requirements that exceed the minimum building
standards approved by the California Building Standards Commission
as provided in Part 2.5 (commencing with Section 18901) of Division
13 of the Health and Safety Code, including, but not limited to, a
reduction in setback and square footage requirements and the ratio of
-13-
vehicular parking spaces that would otherwise be required that results
in identifiable, financially sufficient, and actual cost reductions.
b. Approval of mixed -use zoning if commercial, office, industrial, or
other land uses will reduce the cost of the housing development and if
the commercial, office, industrial, or other land uses are compatible
with the housing project.
c. A density bonus reater than the amount required by this section.
d. Deferred or waived planning, plan check, construction permit, and /or
development impact fees, in accordance with any fee deferral and
waiver process and policies adopted by the city.
e. Direct financial aid in the form of a loan or grant to subsidize off -site
improvements, land or construction costs.
f. Other regulatory developer incentives proposed by the developer or
the City that result in identifiable, financially sufficient, and actual cost
reductions.
5. Waivers and modifications of development standards.
a. Proposal. In accordance with Government Code Section 65915(e), an
applicant may propose a waiver or modification of development
standards if they would physically preclude the construction of a
development meeting the criteria for Applicability, at the densities or
with the developer incentives permitted by this Section.
A proposal for the waiver or reduction of development standards
pursuant to this subdivision shall neither reduce nor increase the
number of developer incentives to which the applicant is entitled
pursuant to Section 17.50.040D, above.
b. Grounds for denial. In accordance with Government Code Section
65915(e), the City Council, or the Coastal Commission on appeal,
may deny an applicant's request to waive or modify the Cites
development standards in any_of the following circumstances:
1. The application does not conform with the requirements of this
Section Government Code Section 65915 -65918 or Coastal Act
Section 30604(0.
2. The applicant fails to demonstrate that the City's development
standards physically_ preclude the utilization of a density bonus on
a specific site.
3. The waiver or reduction would have a specific, adverse impact, as
defined in Government Code Section 65589.5(d)(2), Lipon health,
safety, or the physical environment, and there is no feasible
method to satisfactorily mitigate or avoid the specific adverse
impact.
4. The waiver or reduction would have an adverse impact on any real
property that is listed in the California Register of Historical
Resources.
5. The waiver or reduction would be contrary to State or Federal law.
-14-
6. If in the coastal zone, the project is found to be inconsistent with
the Local Coastal Program (including but not limited to sensitive
habitat agriculture, public view shed, public services, public
recreational access and open space protections), with the exception
of the density bonus.
D. Application and Evaluation.
1. All applications. All applications for a density bonus, developer incentive,
or waiver or modification of development standards must include the
following information:
a. The total number of base units and affordable housing units;
nits;
b. The specific developer incentive(s) sought, if any, and documentation
regarding the necessity of the incentive in order to provide affordable
housing costs or rents;
c. The specific waiver or modification to development standard(s), if any,
and documentation regarding the necessity of the waver or modification,
including documentation demonstrating that the City's development
standards physically _preclude the utilization of a density bonus.
Land Donations. If requesting a density bonus based on land donation in
accordance with Government Code Section 65915(g), in addition to "the
above listed information, the application must:
a. Demonstrate the developable acreage and zoning classification is
compliant with eligibility criteria of 17.50.030A, and that the site is, or
will be served by adequate public facilities and infrastructure;
bNerify that all permits and approvals, other than building_ permits,
necessary for the development of the very low- income housing units
have been secured prior to the date of approval of the final subdivision
map, parcel map, or other development permits;
cNerify that the developer can donate and transfer land no later than the
date of approval of the final subdivision map, parcel map, or residential
development application; and
d.The land will be transferred to the city or to a housing; developer
q_proved by the city. The city may require the developer to identify and
transfer the land to the affordable housing g eveloper.
3. Childcare Facilities. If requesting a density bonus based on the provision
of a child day care facility in accordance with Government Code Section
65915 (h) in addition to the above listed information, the application
must:
a. Provide the location of the proposed child day care facility and the
proposed operator;
b. Agree to operate the child day care facility for a period of time that is as
long as or longer than the period of time during which the densily bonus
units are required to remain affordable;
-15-
c. Agree to have contracted with a child day care facility operator for
operation of the child day care facility before the first building_ permit is
issued;
d. Agree that the child day care facility will be in operation when the first
certificate of occupancy is issued; and
e. Of the children who attend the childcare facility, the children of very
low- income households low- income households and moderate - income
households shall equal a percentage that is equal to or greater than the
percentage of affordable units in the housing development that are
required for very low -, low- or moderate - income households.
The city shall not be required to provide a density bonus or concession or
incentive for a child care facility if it finds, based upon substantial
evidence that the community has adequate child care facilities.
Section 17.50.050 — Assurance of continued availability.
A. Term of Availability. Where affordable housing units have been provided per the
requirements of 17.50.020 or where a density bonus, incentives, or waivers of
development standards has been made pursuant to this chapter, the developer shall
assure both of the following:
1. Continued availability of affordable units for a minimum of thirty years.
2. Project phasing including iming of completion, and rental or sale of
affordable housing units shall occur concurrently with non - restricted units.
B. Long Term Affordability. A developer of affordable units shall enter into an
affordable housing agreement with the city prior to the recordation of the final
map or the issuance of a grading permit or a building_ permit where approval of a
map is not requested. The agreement shall be recorded against the parcel(s)
designated for construction of the affordable units. The agreement shall run with
the land and shall be binding_ upon the successor(s) in interest. At a minimum, the
agreement shall include:
1. Total number and size of affordable units.
2. Maximum qualifying household incomes for the affordable units.
3. Standards for calculating affordable rents or affordable sales prices.
4. Enforcement mechanisms including annual reporting- and monitoring to
ensure affordable units are continuously pied by eligible households
and remedies for breach of the agreement.
5. Affordability term.
Section 17.50.060 — Consistency with State Law.
The provisions of this subchapter are intended to comply with Government Code Section
65915 and related state laws. In the event that any provision of this section conflicts with
Government Code Section 65915 or any related state laws, the state law shall apply.
-16-
Section 6. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for
any reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of all other provisions of this Ordinance.
The City Council hereby declares that it would have passed the Ordinance codified in this title,
and each chapter, section, subsection, sentence, clause, phrase or portion thereof, irrespective of
the fact that anyone or more of the sections, subsections, sentences, clauses, or phrases or
portions thereof be declared invalid or unconstitutional.
Section 7. The City Clerk shall certify to the passage and adoption of this Ordinance and shall
cause the same to be published in the same manner required by law; provided this Ordinance
shall not become effective until final certification by the California Coastal Commission.
INTRODUCED at a regular meeting of the City Council of the City of Morro Bay held
on the 25th day of February 2014, by motion of Councilmember Christine Johnson and seconded
by Councilmember Leage.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Morro Bay
on the 11th day of March, 2014 by the following vote to wit:
AYES: Irons, C. Johnson, N. Johnson, Leage, Smukler
NOES: None
ABSENT: None
ATTEST:
JAM% BOUCHER, CITY CLERK
oxf
J07PH W. PANNONE
Y
Y ATTORNEY
A4, -
-.- A4
JAMIE L. IRONS, MAYOR
-17-