HomeMy WebLinkAboutOrdinances 149 - 204ORD. NO. TITLE
197 EXCEPT FOR TERRITORY WHICH IS DEDICATED SOLELY AND ENTIRELY TO A
PERMANENT PUBLIC USE, NO ANNEXATION.... %/vtii('-Q,trii' -P
198 AN ORDINANCE TO ADD SECTION 14.60.200 TO THE MORRO BAY MUNICIPAL
CODE (smoke alarms)
199 AN ORDINANCE AMENDING TITLE 9 OF THE MUNICIPAL CODE OF THE CITY
OF MORRO BAY (alarm systems)
ADOPTED
200 AN ORDINANCE AMENDING SECTION 10.08.030 OF THE MORRO BAY MUNICIPAL
CODE (72 -hour parking)
AN ORDINANCE TO AMEND SECTIONS 10.48.100, 10.48.100, 10.48.150,
AND 10.48.160 OF THE MORRO BAY MUNICIPAL CODE. (vehicle abatement)
202 AN ORDINANCE ADDING CHAPTER 3.30 TO THE MORRO BAY MUNICIPAL CODE.
(Unclaimed money and property)
203 AN ORDINANCE AMENDING SECTION 8.24.010 OF THE MORRO BAY MUNICIPAL
CODE (unlawful camping).
201
204 AN ORDINANCE AMENDING SECTION 13 OF ORDINANCE 100 AND SECTION
17.48.030 OF THE MORRO BAY MUNICIPAL CODE.CByntitdfr&
,n11-44t' ualA zwiergaide
4/15/80
4/27/81
4/27/81
4/27/81
4/27/81
0
CITY OF MORRO BAY
ORDINANCES
ORD. NO.
TITLE
ADOPTED
177 ORDINANCE REPEALING CHAPTER 14.60 THROUGH
14.60.220 OF THE MORRO BAY MUNICIPAL CODE AND
SECTION 4300, THROUGH 4308 - PART III OF
ORDINANCE 15.
178
4 -14 -80
AN ORDINANCE TO AMEND THE CITY'S PARKING, DRIVEWAY
AND LOADING REGULATIONS, SECTION 17.44. 6 -23 -80
179 AN ORDINANCE TO DETERMINE A WORKING DEFINITION OF A
COMMERCIAL FISHING VESSEL.
180
181
AN ORDINANCE TO ESTABLISH A CITY DOCKAGE WAITING LIST.
CIVIL DEFENSE AND DISASTER PLANNING FOR THE PROTECTION OF 7/28/80
PERSONS AND PROPERTY IN THE EVENT OF AN EMERGENCY AMENDING
MUNICIPAL CODE CHAPTER 8.08 ENTITLED CIVIL DEFENSE
182 AN ORDINANCE ADDING SECTION 17.48.280 TO THE MORRO BAY
MUNICIPAL CODE. (Temporary Uses) 9/22/80
183 AN ORDINANCE TO REQUIRE BUSINESS PROPRIETORS TO EXCLUDE
MINORS FROM ANY ROOM OR PLACE WHERE DEVICES, CONTRIVANCES
INSTRUMENTS OR PARAPHERNALIA FOR THE SMOKING OR INJECTION
OF MARIJUANA, HASHISH, PCP, OR ANY CONTROLLED SUBSTANCE
IS DISPLAYED OR OFFERED FOR SALE, AND PROHIBITING THE GIFT,
SALE OR DELIVERY OF SUCH DEVICES TO MINORS. (Title 9, Chapter
9.20 of the Municipal Code)
7/28/80
184 AN ORDINANCE AMENDING ORDINANCE NO. 164 PROVIDING FOR THE
PURCHASE OF SUPPLIES AND EQUIPMENT. 10/27/80
185 e e OR0 AME412 TrT14III - R►JiMAL Rte• - Q411L -of 23`i- IY1
186 AN ORDINANCE AMENDING SECTION 16 OF ORDINANCE 100 AND
SECTION 17.48.130 OF THE MORRO BAY MUNICIPAL CODE. 11/10/80
187 -189 VOID
190 AN ORDINANCE AMENDING CHAPTER 9.16 OF TITLE 9 OF THE MORRO
BAY MUNICIPAL CODE (Firearms and Missiles) 11/10/80
191 AN ORDINANCE AMENDING SECTION 7.28 OF THE MORRO BAY
MUNICIPAL CODE (Molesting birds & bird eggs prohibited) 1/12/81
192 AN ORDINANCE AMENDING SECTION 5.08.040 OF THE MORRO BAY
MUNICIPAL CODE (Art, hobby or handicraft shows & exhibitions) 2/23/81
193 AN ORDINANCE DELETING SECTION 2.12.020 OF THE MORRO BAY
MUNICIPAL CODE. 2/23/81
194 AN ORDINANCE AMENDING SECTIONS 15.48.010 AND 15.48.020
OF THE MORRO BAY MUNICIPAL CODE (Harbor Advisory Board) 2 /23/81
195 AN ORDINANCE AMENDING SECTION 11 OF ORDINANCE 100, SECTION 2
(PART) OF ORDINANCE 65; AND, SECTION 17.40.030 (PART) AND
SECTION 17.40.040 OF THE MORRO BAY MUNICIPAL CODE..
196 AN ORDINANCE LIMITING AND REGULARTING THE EXP,ENDIRRE OF
CITY FUNDS FOR COMMUNITY PROMOTION PURPOSES (1tiWatepj 4/15/80
to Uagi; d 67 Onaxt
3/09/81
CITY OF MORRO BAY
ORDINANCES
ORD. NO.
TITLE ADOPTED
163 AN ORDINANCE ADDING CHAPTER 9.16 TO TITLE
9, OF THE MUNICIPAL CODE OF THE CITY OF
MORRO BAY, RELATING TO GUN CONTROL 4 -9 -79
164 ORDINANCE PROVIDING FOR THE PURCHASE OF
SUPPLIES AND EQUIPMENT 4 -23 -79
165 AN ORDINANCE AMENDING SECTION 10. .030`
OFF THE XRO AY MUNICIPAL CODE ALeorw7RJ 5 -14 -79
valuta, 166 AN ORDINANCE AMENDING CHAPTER 13.20 OF
TITLE 13 OF THE MORRO BAY MUNICPAL CODE WHICH
ADOPTED A BUILDING LIMITATION ORDINANCE 5 -14 -79
167 ORDINANCE CONCERNING THE TRANSPORTATION
OF RADIOACTIVE MATERIALS IN THE CITY
OF MORRO BAY 5 -29 -79
168 ORDINANCE ESTABLISHING HARBOR ADVISORY
BOARD 5 -29 -79
169 ORDINANCE AMENDING SECTION 13.04.360 OF
THE MUNICIPAL CODE RELATING TO THE RATE OF
WATER SUPPLIED THROUGH FIRE HYDRANT METERS 5 -30 -79
170 ORDINANCE DESIGNATING NO- SMOKING AREAS IN
CERTAIN PUBLIC PLACES 9 -11 -79
171 ORDINANCE AMENDING CERTAIN SECTIONS OF ORDI-
NANCE NO. 157 AND TITLE 14 OF MORRO BAY MUNI-
CIPAL CODE 12 -10 -79
172 FLOOD DAMAGE PREVENTION 11 -13 -79
173 ORDINANCE REPEALING SECTIONS 17.48.240 AND 12 -10 -79
17.48.250 OF MORRO BAY MUNICIPAL CODE AND
ADDING A NEW SECTION 17.49.010 ENTITLED
"COMMUNITY HOUSING PROJECT REGULATIONS"
174 ORDINANCE AMENDING THE MORRO BAY MUNICIPAL
CODE ADDING A NEW SECTION 17.48.270 REGARDING
HOME OCCUPATIONS
1 -28 -80
L&n i'4L &v /--Pr, SD
176 ORDINANCE AMENDING THE MORRO BAY MUNICIPAL
CODE BY ADDING A NEW CHAPTER 17.58 ENTITLED
PROPERTY MAINTENANCE REGULATIONS AND
DELETING AND REPLACING CHAPTER 17.20 WITH
A NEW CHAPTER 17.61 ENTITLED ENFORCEMENT
2-25-GO
CITY OF MORRO BAY
ORDINANCES
ORD. NO. TITLE ADOPTED
149 AN ORDINANCE ADDING SECTION 10.28.190, 10.28.200,
10.28.210, AND 10.28.220 TO CHAPTER 10.28 OF TITLE
10 OF THE CITY OF MORRO BAY MUNICIPAL CODE AND
AMENDING SECTION I OF ORDINANCE NO. 9, RESTRICTING
THE USE OF MOTORCYCLES
150 AN ORDINANCE CREATING CHAPTER 9.12 OF TITLE 9 OF
THE MORRO BAY MUNICIPAL CODE, ALLOWING BINGO GAMES
CONDUCTED BY CERTAIN CHARITABLE ORGANIZATIONS
151 AN ORDINANCE AMENDING CERTAIN PROVISIONS OF ORDINANCE
NO. 28, ENTITLED "AN ORDINANCE OF THE CITY OF MORRO
BAY PROVIDING FOR THE GRANTING OF A NON- EXCLUSIVE
FRANCHISE FOR A COMMUNITY ANTENNA SYSTEM IN THE
CITY OF MORRO BAY TO CENTRAL CALIFORNIA COMMUNICATIONS
CORPORATION AND PROVIDING TERMS AND CONDITIONS FOR
THE OPERATING OF SAID COMMUNTIY ANTENNA TELEVISION
SYSTEM AND FEES THEREFORE"
152 AN ORDINANCE CREATING CHAPTER 13.20 TO TITLE 13 OF
THE MORRO BAY MUNICIPAL CODE ADOPTING A BUILDING
LIMITATION ORDINANCE
153 AN ORDINANCE AMENDING SECTION 14.20.040 OF
CHAPTER 14.20 OF TITLE 14 OF THE MORRO BAY MUNICIPAL
CODE AND SECTION 2 OF ORDINANCE NO. 15
154 AN ORDINANCE AMENDING CHAPTER 13.20 OF TITLE 13 OF
THE MORRO BAY MUNICIPAL CODE WHICH ADOPTED A BUILDING
LIMITATION ORDINANCE
155 AN ORDINANCE AMENDING CHAPTER 13.04 AND CHAPTER 13.12
OF TITLE 13 OF THE MORRO BAY MUNICIPAL CODE AND SECTIONS
9105, AND 9211 OF ORDINANCE NO. 13 WHICH PROVIDES FOR
PUBLIC WORKS
9 -27 -76
11 -8 -76
2 -28 -77
4 -11 -77
5 -9 -77
7 -11 -77
8 -8 -77
156 AN ORDINANCE AMENDING SECTION 2.08.020 OF CHAPTER
2.08 OF THE MORRO BAY MUNICIPAL CODE AND SECTION
2404 OF ORDINANCE NO. 6 REGARDING CITY COUNCIL AGENDA
DAYS 5 -8 -78
157 AN ORDINANCE AMENDING CERTAIN SECTIONS OF ORDINANCE
NO. 140 AND TITLE 14 OF THE MORRO BAY MUNICIPAL CODE 5 -22 -78
158 AN ORDINANCE AMENDING ORDINANCES NO. 18 AND 70 AND
TITLE 3 OF THE MORRO BAY MUNICIPALL CODE 6 -27 -78
159 AN ORDINANCE AMENDING ORDINANCES NO. 89,94, AND
109 AND TITLE V OF THE MORRO BAY MUNICIPAL CODE
160 AN ORDINANCE AMENDING SECTION 5306.5 OF ORDINANCE
NO. 62 1 -22 -79
161 AN ORDINANCE AMENDING SECTION 6220 OF ORDINANCE
N0. 109 1 -22 -79
162 AN INTERIM URGENCY ORDINANCE OF THE CITY OF MORRO BAY
ESTABLISHING A MORATORIUM ON THE CONVERSION OF MULTIPLE
FAMILY DWELLINGS TO CONDOMINIUMS 2 -26 -79
•
ORDINANCE NO. 204
AN ORDINANCE AMENDING SECTION 13 OF ORDINANCE
100 AND SECTION 17.48.030 OF THE MORRO BAY
MUNICIPAL CODE
THE CITY COUNCIL
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as follows:
SECTION 1. That Section 13 of Ordinance 100 and Section 17.48.030 of
the Morro Bay Municipal Code is amended to add subsection A., 12. "Compatible
Multiple Use of Public School Sites and Facilities ", as described in the
attachment labeled Exhibit "A" .
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a
meeting of said City Council held this 26th day of May
1981, by the following roll call vote:
AYES: Anderson, Deutsch, Lemons, Ward
NOES: None
ABSENT: Dorn
ATTEST:
LEMONS, Mayor Pro -Tem
MICHAEL T. LESAGE, City Attorney
• •
City Council -
Ordinance No. 204 EXHIBIT "A" Page Two
SECTION 17.48.030 SPECIAL USES A. is amended to add:
12. Compatible multiple use of public school sites and facilities. The
Special Use Permit is to provide for certain other compatible uses within or adjacent
to public school buildings and structures pursuant to the provisions of the California
Education Code* which permits joint occupancy of schools and authorizes the use of
vacant school property and buildings for certain uses and users which are of a scale
and intensity compatible with the public school and its neighborhood (i.e. School
attendance area). It is further the purpose of the permit to maintain the continued
operation of neighborhood schools, including public recreational uses at the schools,
while allowing for the joint occupancy of vacant school property and buildings during
periods of less than capacity enrollment.
a. Permitted uses, subject to the securing of a Special Use Permit:
1. Parochial and private schools and colleges.
2. Activities of religious organizations including regular church
services.
3. Private day or residential schools and colleges.
4. Library and library extension services.
5. Activities and administrative offices of community /charitable
organizations, including senior citizens services.
6. Activities and administrative offices of civic and service
organizations, e.g. Rotary, Lions, Kiwanis, YMCA, etc.
7. Nursery schools and day care centers.
8. Tutorial related services for elementary /secondary age students.
9. Uses by other school districts, federal government or its agencies,
the state, county, city and county, city or special districts as
permitted and regulated by the State Education Code, as it may be
amended.
10. Private business enterprises (as specified by a listing in the
permit approval) which do not engage in direct retail sales on
the school site.
b. Special Use Permit - Issuance.
In addition to the provisions of this Chapter and Chapter 17.60, the
Special Use Permit for joint school use shall receive final approval by the City Council
at a duly noticed public hearing. The Planning Commission shall first consider the
permit at a public hearing and forward their report and recommendation to the Council.
* Section 39500 and its successors
• •
Ordinance No. 204 Page Three
c. Special Use Permit - Application.
Joint occupancy of any school shall not be permitted until a school
utilization plan has been approved by the City Co :mil pursuant to the permit provisions
of this Section. ** Such a school utilization plan shall provide for at least the
following:
* A site plan delineating the proposed amount, use and location of space for
both school and non - school uses. The plan shall identify vehicle access
and parking as related to all existing and proposed uses.
* A list of uses to be accommodated on the site. Each use shall be described
in sufficient detail as to permit a clear understanding of any potential
site and neighborhood impacts.
* A minimum five (5) year school enrollment projection, and a statement of
the time period the joint occupancy program for the school shall be in
effect.
* Such other information as may be required by the Planning Commission or
City Council.
Once such a utilization plan has been approved by the City Council,
no additional Special Use Permit shall be required unless a change is proposed to the
approved site plan or list of allowed uses. However, each specific lease shall be
reviewed and certified by the Planning and Community Development Director as conforming
with the provisions of the School Utilization Plan. In addition, each approved School
Utilization Plan shall be reviewed by the Planning Commission biannually at a fully
noticed public hearing to insure that the plan and joint occupancy continue to meet
the objectives of this section.
d. Special Use Permit - General Provisions._
1. It shall be the responsibility of the school district to provide
for and insure acceptable separation between the school and non -
school use dependent upon such conditions as location, shared
facilities and intensity of proposed non - school use.
2. Off- street parking and loading space shall be provided in
accordance with Chapter 17,44.
3. All joint occupancies shall be designed and conducted to minimize
noise, traffic congestion, safety hazards, or any other condition
that could significantly affect public health, safety or welfare.
4. As a general rule, no more than fifty percent (50 %) of the total
floor area of any school should be used for commercial uses. This
is a guideline based on the belief that a higher non - school
utilization would mean that public education is no longer the
primary use of the school. A school utilization plan exceeding
the fifty percent (50 %) guidelines may be approved only if the
City Council finds that such a plan is consistent with the purposes
and objectives stated in this Section.
** The limitation shall not apply to specific uses lawfully established prior to the
effective date of this amendment. However, any new joint occupancies shall
only be permitted after the approval of a school utilization plan.
•
Ordinance No. 204
Page Four
5. In addition to all of the preceding requirements, all uses of school
facilities and buildings shall be in accordance with the provisions
of the Morro Bay Municipal Code or any other law or Ordinance of the
City.
)
ORDINANCE NO. 203
AN ORDINANCE AMENDING SECTION 8.24.010
OF THE MORRO BAY MUNICIPAL CODE
THE CITY COUNCIL
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as follows:
SECTION 1. That Section 8.24.010 of the Morro Bay Municipal Code is
amended to read as follows:
8.24.010 Prohibited at certain times and in certain places. It is
unlawful for any person to sleep in any vehicle parked any place in the City
of Morro Bay between 10:00 PM and 6:00 AM of the following day where such
activity is not specifically approved by this code.
(1) It is unlawful for any person to sleep on any beach or on any
public property not specifically approved for this activity by this code
between 10:00 PM and 6:00 AM of the following day or on any private property
without the written permission of the owner in their possession.
(2) It is unlawful for any person to erect, occupy or maintain any
tent, tent camp, tent trailer, the living quarters of any camper, house car,
bus, camp trailer, utility trailer or trailer coach, in any area where such
activity is not specifically permitted between the hours of 10:00 PM and
6:00 Al of the following day.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a
regular meeting thereof held this 12th day of October , 1981,
by the following roll call vote:
AYES: Anderson, Deutsch, Dorn, Lemons, Ward
NOES: None
ABSENT: None
ATTEST:
PAUL tie- , Ci
ax4:11._
y Clerk
WARREN M. DORN, Mayor
•
ORDINANCE NO. 202
AN ORDINANCE ADDING CHAPTER 3.30
TO THE MORRO BAY MUNICIPAL CODE
THE CITY COUNCIL
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as follows:
SECTION 1: That Chapter 3.30 shall be added to the Municipal Code of the
City of Morro Bay to read as follows:
Chapter 3.30
UNCLAIMED MONEY AND PROPERTY
Sections:
3.30.010 Police chief to receive found property and found money.
3.30.020 Holding and disposal of unclaimed property.
3.30.030 True owner may claim property or money.
3.30.040 Finder may reclaim property or money.
3.30.050 Unclaimed money to be deposited in general fund.
3.30.060 Unclaimed property to be used by city or sold at auction.
3.30.070 Conduct of auction.
3.30.080 Proceeds to be deposited in general fund.
3.30.090 Unsalable and unusable property.
3.30.100 Dangerous or perishable property.
3.30.110 Provisions not applicable.
3.30.120 Abandoned property.
3.30.010 Police chief to receive found property and found money. The
chief of police shall make provisions for receiving and safekeeping found
property and found money delivered to him or coming into his possession.
The police department shall notify the owner, if his identity is reasonably
ascertainable, that it possesses the property and where it may be claimed.
The police department may require payment by the owner of a reasonable charge
to defray costs of storage and care of the property.
3.30.020 Holding and disposal of unclaimed property. Such property shall
be stored in a safe place for a period of at least three months in the case
of bicycles and not less than four months in the case of property other than
bicycles, and such money shall be deposited with the director of finance for
a period of not less than six months, unless sooner claimed by the true owner,
and shall then be deemed to be unclaimed property or unclaimed money, subject
to disposal as provided in this chapter.
ORDINANCE NO. 202
• •
-2-
3.30.030 True owner may claim property or money. During such time as
any such property or money is so held, it may be delivered or paid to the
true owner after payment of all reasonable charges for storage and care of
the property. Such property shall be delivered upon proof of ownership
satisfactory to the chief of police after ten days' notice by mail to any
others who have asserted a claim of ownership, at any address given by such
persons. Such money shall be paid to the true owner upon written order to
the director of finance from the chief of police. The chief of police shall
make such order upon the same proof of ownership and with the same notice as
prescribed in the case of property. If ownership cannot be determined to the
satisfaction of the chief of police, he may refuse to deliver such property
or order the payment of such money to anyone until ordered to do so by a
court.
3.30.040 Finder may reclaim property or money. If the true owner does
not appear during the time such property or money is so held, and claim the
property or money, it may be delivered back to the finder, other than a city
employee who found the same while performing his regular duty, if such finder
has served written notice upon the city that he wishes to assert a claim to
the property or money as a finder, and if he has complied with the requirement
of the Civil Code governing the duties and obligations of a finder.
3.30.050 Unclaimed money to be deposited in general fund. All money so
received by the chief of police and not delivered to the true owner during a
six months' period or the finder shall thereafter be deposited in the general
fund.
3.30.060 Unclaimed property to be used by city or sold at auction. Unclaimed
property to be used by city or sold at auction. Upon expiration of the initial
four months' period or after three months in the case of bicycles, any property
so received and not delivered to the true owner or finder may be appropriated to
the use of the city upon order of the city administrator and such property not
appropriated to city use may be sold at public auction to the highest bidder.
Notice of any such sale shall be given by the city clerk at the direction of
the chief of police at least five days before the time fixed therefor by
publication at least once in a newspaper of general circulation published in
the county of San Luis Obispo.
3.30.070 Conduct of
shall be conducted by the
3.30.080 Proceeds to
completed, the proceeds of
finance for deposit in the
auction. An auction for the sale of unclaimed property
city administrator or his appointed representative.
be deposited in general fund. After such auction is
the auction shall be delivered to the director of
general fund.
3.30.090 Unsalable and unusable property. Any property advertised and
offered to sale but not sold and not suitable for appropriation to the use of
the city shall be deemed to be of no value and shall be disposed of in such
manner as the city administrator directs.
l
ORDINANCE NO. 202
• •
-3-
3.30.100 Dangerous or perishable property. Any property coming into the
possession of the chief of police which he determines to be dangerous or
perishable may be disposed of immediately, without notice, in such manner as he
determines to be in the public interest.
3.30.110 Provisions not applicable. The provisions of this chapter shall
not be deemed to apply to property or money subject to confiscation under the
laws of the state of California or of the United States of America, and shall
apply to property or money held as evidence only when the same is unclaimed by
any person and no other provisions of law are applicable concerning its
disposition.
3.30.120 Abandoned property. The provisions
application to property which has been intentionall
PASSED AND ADOPTED by the City Council of the
meeting held thereof on 26th day of
by the following roll call vote:
AYES: Anderson, Deutsch, Lemons, Ward
NOES: None
ABSENT: Dorn
ATTEST:
of this chapter shall have no
y abandoned by its owner.
City of Morro Bay at a regular
May , 1981,
/JO
LEMONS, Mayor Pro -Tem
1•
ORDINANCE NO. 201
AN ORDINANCE TO AMEND SECTIONS 10.48.100, 10.48.140,
10.48.150 AND 10.48.160 OF THE MORRO BAY MUNICIPAL CODE
THE CITY COUNCIL
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as follows:
SECTION 1. That Section 10.48.100 of the Morro Bay Municipal Code is
amended to read as follows:
10.48.100 Public hearing by police chief. A public hearing shall be
held by the policechief on the question of abatement and removal of the vehicle
or part thereof as an abandoned, wrecked, dismantled or inoperative vehicle
and the assessment of the administrative costs and the cost of removal of the
vehicle or part thereof against the property on which it is located. Each
such hearing shall be open to the public and may be continued from time to
time. At each such hearing, all persons interested shall be given an
opportunity to be heard. All public hearings under this chapter shall be
heard before the police chief which shall hear all facts and testimony it
deems pertinent. Said facts and testimony may include testimony on the
condition of the vehicle or part thereof and the circumstances concerning its
location on the said private or public property and the ownership of said
vehicle. The chief of police shall not be limited by the technical rules of
evidence. (Ord. 71 S1(part), 1968: prior code 11605.1.)
SECTION 2. That Section 10.48.140 of the Morro Bay Municipal Code is
amended to read as follows:
10.48.140 Police chief action. At the conclusion of the public hearing,
the police chief may impose such conditions and take such other action as
is deemed appropriate under the circumstances to carry out the purpose of
this chapter. It may delay the time for removal of the vehicle or part
thereof if, in its opinion, the circumstances so justify. The police chief
may find that a vehicle or part thereof has been abandoned, wrecked,
dismantled or is inoperative on private or public property and order the
same removed from the property as a public nuisance and disposed of as
provided in this chapter and determine the administrative costs and the cost
of removal and disposal to be charged against the owner of the property on
which the vehicle or part thereof is located.
The order requiring removal shall include a description of the vehicle
or part thereof and the correct identification number and license number of
the vehicle, if reasonably available at the site. (Ord. 71 §1(part), 1968:
prior code 11606.1.)
SECTION 3. That Section 10.48.150 of the Morro Bay Municipal Code is
amended to read as follows:
•
Ordinance No. 201 -2-
10.48.150 Property owner not responsible. If it is determined at the
hearing that the vehicle was placedon-the land without the consent of the
land owner and that he has not subsequently acquiesced in its presence, the
police chief shall not assess costs of administration or removal of the
vehicle against the property upon which the vehicle is located or otherwise
attempt to collect such costs from such land owner. (Ord. 71 §1(part), 1968:
prior code 11606.2.)
SECTION 4. That Section 10.48.160 of the Morro Bay Municipal Code is
amended to read as follows:
10.48.160 Removal and disposal. Five days after adoption by the police
chief of the order declaring the vehicle or part thereof to be a public
nuisance, the vehicle or part thereof may be disposed of by removal to a
junkyard or an automobile dismantler's yard. After the vehicle has been
removed it shall not thereafter be reconstructed or made operable. (Ord. 71
§1(part), 1968: prior code 11607.1.)
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a
meeting of said City Council held this 27th day of April
1981, by the following roll call vote:
AYES: Anderson, Deutsch, Dorn, Lemons, Ward
NOES: None
ABSENT: None
ATTEST:
/
NITA Y MU "A/ Deput City erk
e'(/
WARREN M. DORN, Mayor
e
ORDINANCE NO. 200
AN ORDINANCE AMENDING SECTION 10.08.030
OF THE MORRO BAY MUNICIPAL CODE
THE CITY COUNCIL
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as follows:
SECTION 1. That Section 10.08.030 of the Morro Bay Municipal Code be
amended to read as follows:
10.08.030 Vehicle removal from streets. Any regularly employed and
salaried officer of the police department of the city may remove or cause to
be removed:
A. Any vehicle that has been parked or left standing upon a street or
highway for seventy -two or more consecutive hours;
B. Any vehicle which is parked or left standing upon a street or highway
between the hours of seven a.m. and seven p.m. when such parking or standing
is prohibited by ordinance or resolution of the city and signs are posted
giving notice of such removal;
C. Any vehicle which is parked or left standing upon a street or highway
where the use of such street or highway or a portion thereof is necessary for
the cleaning, repair or construction of the street or highway or for the
installation of underground utilities or where the use of the street or
highway or any portion thereof is authorized for a purpose other than the normal
flow of traffic or where the use of street or highway or any portion thereof
is necessary for the movement of equipment, articles of structures of unusual
size, and the parking of such vehicle would prohibit or interfere with such use
or movement; provided that signs giving notice that such vehicle may be removed
are erected or placed at least twenty -four hours prior to the removal;
D. In the event a vehicle is removed, the police department shall promptly
give notice to the legal and registered owner by certified mail, return
receipt requested. Any party claiming an interest in the vehicle shall have
the right to request an immediate hearing before the chief of police on the
question of whether or not there are adequate facts to support the removal of
the vehicle. If the seizure of the vehicle is not supported by adequate facts
or if the owner establishes, by affidavit, ownership and inability to pay the
lien charges, the vehicle shall be returned to the owner upon satisfactory
proof of ownership. Any person may, within ten days, appeal the decision of
the chief of police to the city council by a written notice filed with the
city clerk requesting a hearing before the city council. (Ord. 165 §1, 1979;
Ord. 9 1(part), 1964: prior code 82020).
Ordinance No. 200 -2-
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a
meeting of said City Council held this 27th day of April
1981, by the following roll call vote.
AYES: Anderson, Deutsch, Dorn, Lemons, Ward
NOES: None
ABSENT: None
ATTEST:
r
i -t.tc1. 't-. 0,L__...-
WARREN M. DORN, Mayor
4•
ORDINANCE NO. 199
AN ORDINANCE AMENDING TITLE 9 OF THE MUNICIPAL CODE
OF THE CITY OF MORRO BAY
THE CITY COUNCIL
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as follows:
SECTION 1: Title 9 of the Morro Bay Municipal Code is hereby amended by
adding Chapter 9.20 to read as follows:
Chapter 9,20
ALARM SYSTEMS
Sections:
9.20.010 Police Station Alarm Terminus
9.20.020 Alarm Permits
9.20.030 Out of City Alarm Systems Termination at Police Department
9.20.040 Telephonic Alarm Devices
9.20.050 Alarm Installation
9.20.060 Violations & Penalties
9.20.010 Police Station Alarm Terminus. Any silent burglary, holdup, or
fire alarm terminating at the Morro Bay Police Department shall be connected
to one central receiving device of the type specified by the Chief of Police.
No other terminal device will be permitted except at the discretion of the
Chief of Police who may permit such other device upon finding that the proposed
device is at least equal and equivalent to the type or types theretofore
approved.
9.20.020 Alarm Permits. It shall be unlawful for any person, corporation,
business, commercial establishment, or residence to possess any unauthorized
type of alarm or any operating burglary, holdup, or fire alarm system designed
to annunciate audibly outside the confines of any structure or real property,
or to annunciate at any reception point remote from the annunciating alarm
unless a City of Morro Bay Alarm Permit has been issued for each alarm.
A. Alarm permits shall be issued by the Morro Bay Police Department.
B. There shall be a connection fee to handle administrative costs
associated with the issuance of a permit. Such fee will be effective
upon the adoption of this Ordinance, be set by resolution, and not be
retroactive. Permits shall remain valid until suspended, revoked, or
until the alarm is deactivated.
C. The alarm permit shall bear the following information:
(1) Permit number.
(2) Date of issuance.
(3) Name of alarm subscriber or user.
Ordinance No. 199 -2-
(4) Address of alarmed premises.
(5) Alarm type.
(6) Alarm company.
(7) If an alarm user is not serviced by an alarm company, he must
provide three (3) emergency numbers of persons who have keys
to the premises and have the ability to shut off the alarm.
(8) Issuing officer.
(9) Emergency contact phone number(s).
(10) Status of alarm permit.
D. Failure of the alarm subscriber to keep the Police Department informed
of current emergency contact and premises address information may
result in the suspension or revocation of the permit.
E. It shall be the responsibility of the Police Department to keep
accurate records of alarm activity.
F. Possession of an operational alarm system within the City of Morro Bay
without a permit, or continuing activation of an operationai.a.larm system
for which the permit has been denied, revoked, or suspended shall be a
infraction.
G. Persons, corporations, businesses, commercial establishments, and
residences equipped with operational alarms that have not been issued
a permit shall be subject to the following sanctions:
(1) First offense - warning and requirement to obtain permit.
(2) Second and Subsequent Offenses - Issuance of citation for violation
of Section F.
H. Suspension and revocation of alarm permits shall result from any of the
conditions set forth below; provided, however, that the Chief of Police
upon finding of mitigating circumstances may allow the permitee to
continue operating on condition of no further misuse or false alarms.
(1) Alarm misuse - Intentional use of an alarm for a purpose for
which it was not intended.
a. First Offense - warning.
b. Second Offense - a second offense within a one year period of
the first offense shall result in revocation of permit.
Ordinance No. 199 -3-
(2) False alarms resulting from operational error.
a. Three false alarms in a three month period shall result in
permit revocation.
(3) False alarms resulting from equipment malfunction.
a. Six false alarms in a three month period shall result in
permit revocation.
(4) Willful failure of the emergency contact to respond to secure
the premises after an alarm annunciation.
a. First offense shall result in permit revocation.
I. No penalty shall be incurred for legitimate alarm annunciation or from
those situations in which a false alarm occurs but its cause was
beyond operational or equipment control as determined by the Chief of
Police.
J. A permit may be reactivated when the Chief of Police finds, upon verified
evidence, that the problems causing the revocation or suspension have
been corrected.
9.20.030 Out of City Alarm Systems Terminating at the Police Department.
No alarm systems onigiinati.ng outside the City shall terminate within the Police
Department; provided, however, that the Chief of Police may examine an application
for the termination of such alarm system from outside the City and may permit
such a terminal connection with the Police Department upon his written findings
supported by verified evidence. The connection of such a system from outside
the City to a Police Department terminal will be of substantial benefit to the
City because of the location of the property whereon it is proposed to be
situated, the surrounding property uses, the nature of and volume of crimes
against property in and about that location which could affect nearby properties
within the City ihthe absence of such a connection, or other pertinent factors
which appear to him to warrant such permission. Said written findings shall
specify all of the factors which cause the Chief of Police to regard the
connection as warranted, and a copy of such findings shall be reviewed by and
approved by the City Administrator before the connection is permitted.
9.20.040 Telephonic Alarm Devices.
A. No person, corporation, business, commercial establishment, or residence
shall use or cause to be used any telephone device or telephone
attachment on any telephone trunk line of the Morro Bay Police Department
which reproduces any prerecorded message.
B. Any person, corporation, business, or commercial establishment or
residence within the City who utilizes an alarm device, commonly known
as a "Dialer," shall be subject to all of the applicable permit
regulations of this ordinance.
. rr s
Ordinance No. 199 -4-
9.20.050 Alarm Installation. No company or person selling, renting, leasing,
installing, or otherwise providing alarm systems shall install any such alarm
without providing twenty -four hour service for that system.
A. For the purpose of this section, alarm system shall mean any security
robbery, or fire alarm device which is installed by a person or persons
other than the alarm system user.
B. Service, for the purposes of this section, includes the ability to
promptly repair a malfunctioning alarm system, and to provide periodic
maintenance necessary to the alarm system's normal function.
C. In the event an audible security alarm sounds within the limits of the
City of Morro Bay and no person can be contacted to shut the alarm off
within a thirty minute period, then the vendor currently supplying
terminal service at the Police Department shall be contacted to disable
the alarm. All charges for such service shall accrue to that alarm
user at a rate no greater than the vendor's standard service charge.
9.20.060 Violations and Penalties. Any person who is convicted of violation
of any provision of this title shall be guilty of an infraction punishable by:
(1) A fine not exceeding fifty dollars for a first violation;
(2) A fine not exceeding one hundred dollars for a second violation of
the same ordinance within one year;
(3) A fine not exceeding two hundred fifty dollars for each additional
violation of the same ordinance within one year.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a
regular meeting thereof held this 27th day of April
1981, by the following roll call vote:
AYES: Anderson, Deutsch, Dorn, Lemons, Ward
NOES: None
ABSENT: None
ATTEST:
WARREN M. DORN, Mayor
ORDINANCE NO. 198
AN ORDINANCE TO ADD SECTION 14.6040.0
TO THE MORRO BAY MUNICIPAL CODE
THE CITY COUNCIL
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as follows:
SECTION 1. That Section 14.60.2,00 be added to the Morro Bay Municipal
Code as follows:
14.60.20 Smoke alarms.
(a) All existing motel dwelling units within the City of Morro Bay shall
have a smoke detector, approved by the fire department, installed by January 1,
1982.
(b) The fire department shall have the authority to inspect each motel
dwelling unit within the City of Morro Bay on a periodic basis to determine
that the smoke detectors are in operable condition.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a
regular meeting thereof held this 27th day of April
1981, by the following roll call vote:
AYES: Anderson, Deutsch, Dorn, Lemons
ABSTAIN: Ward
NOES: None
ABSENT: None
ATTEST:
WARREN M. DORN, Mayor
•
FINDING OF FACT
The City of Morro Bay has a small fire department with
limited resources.
There are approximately 40 motels in Morro Bay, many of
which are very old and substandard in construction.
In order to cope with the protential fire and life safety
problem inherent in these motels, it is necessary to get an
early warning in the event of a fire.
Therefore, it is necessary to have every motel dwelling
unit protected with smoke detectors.
BZ /c
Bernard Zerr, Fire
City of Morro Bay
•
ORDINANCE NO. 197
AN ORDINANCE REQUIRING VOTER APPROVAL FOR ANNEXATIONS
The people of the City of Morro Bay do ordain an ordinance relating
to voter approval on annexations as follows:
Except for territory which is dedicated solely and entirely to a
permanent public use, no annexation of territory to the city shall
become effective until approved by a vote of the people at a general
or special election held after the final decision by the Council to
annex such territory.
I, BONITA KAY MURRAY, Deputy City Clerk of the City
of Morro Bay, do hereby certify that the foregoing
is a true and correct copy of an ordinance adopted
by a majority vote of the electors voting in the
General Municipal Election held in the City of Morro
Bay on the 8th day of April, 1980.
DATED: June 24, 1981
BONITA KAY MURRA ,Deput ity
erk
ORDINANCE NO. 196
•
AN ORDINANCE LIMITING AND REGULATING.THE
EXPENDITURE OF CITY FUNDS FOR COMMUNITY PROMOTION PURPOSES
The people of the City of Morro Bay do ordain an ordinance relating to voter
approval onlimitingand regulating the expenditure of city funds for community
promotion purposes as follows:
SECTION 1: The Municipal Code of the City of Morro Bay is hereby amended
by adding thereto Chapter 3.28, Sections 3.28.010 through 3.28.060, reading in
full as follows:
3.28.010 Definitions.
(a) "Community Promotion Activities" as used in this ordinance means any
act or device including, without limitation, media or billboard advertising, mass
mailing or distribution or printed material, special events, and maintaining
visitor centers, designed to draw visitors to the city or to disseminate
information relative to the merits of the city as a business, industrial,
recreational or residential area.
(b) "City Funds" means all public monies expended or authorized to be
expended by the City Council or any city official or department. •
3.28.020 General Prohibition.
No city funds shall be budgeted, expended, or in any way authorized or
committed for community promotion activities except as provided in this chapter.
3.28.030 Dollar Limitation.
In any one fiscal year, the City shall not commit or expend city funds for
community promotion activities in a total dollar amount which exceeds five
percent (5 %) of the revenues received by the City the preceding fiscal year
from the transient occupancy tax provided for elsewhere in this Municipal Code.
3.28.040 Public Bidding Required.
No contract or grant shall be awarded for the expenditure of city funds in
excess of $500.00 for community promotion activities without first advertising
for competitive bids in two newspapers of general circulation distribution in
the city. Said advertising shall fully describe the type of services desired
and the manner in which they are to be performed.
3.28.050 Public Meeting; Expenditures in Excess of $500.00.
The City Council shall not approve or authorize the expenditure of city
funds in excess of $500.00 for any contract, award or grant for community
promotion activities without first holding a noticed public hearing thereon.
Said hearing shall be held at a regular public meeting as a noticed agenda
item which specifies in detail the maximum dollar amount of the proposed
expenditure, the services which will be received by the City, and the name of
the proposed recipient of the money from the City.
• 1
Ordinance No. 196
Page Two
3.28.060 Accountability and Controls.
No city funds shall be paid for community promotion activities to any
person unless and until said person enters into a written agreement with the
city providing procedures for detailed accountability and controls for the
expenditure of said city funds. Final city approval of each - payment of city
funds for community promotion activities shall be read aloud by the city
clerk and authorized by the Council at a regular Council Meeting.
I, BONITA KAY MURRAY, Deputy City Clerk of the City of Morro
Bay, do hereby certify that the foregoing is a true and correct
copy of an ordinance adopted by a majority vote of the electors
voting in the general municipal election held in the City of
Morro Bay on the 8th day of April, 1980.
DATED: June 24, 1981
#SANS At ,_. /� —
•
City/ lerk
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(ENDORSED)
FILED
NOV 16 1982
FRANCIS M. COONEY. COUNTY CLERK
By IRENE RAY
DEPUTY CLERK
-
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN LUIS OBISPO
HOWARD GAINES,
plaintiff,
vs.
CHA!C EF OF C= - ERCE
V.ORRO PAY, et al.,
Defendants.
1
No. 53545
1 ----- ENT
ti
)
)
This cause care on regularly for trial on
February 23, 1982, before Harry E. Woolpert, Judge of the
Superior Court, plaintiff Howard Gaines appearing by Stuart &
Shaw, Inc., by Arthur J. Shaw, Jr., Esq., and defendants City of
Morro Bay, Warren Dorn, Rodger Anderson and John Lemons,
appearing by City Attorney Michael T. LeSage, Esc., and
defendants Chamber of Commerce of i'lorrc Bay appearing by Allen
Grimes, Esc., and evidence, both oral and documentary, having
been introduced, and briefs having been filed, and the cause
orally argued and submitted for decision, and the .Court, on
request of defendant Chamber of Commerce of Morro Bay having
1 caused to be made and filed herein its written statement of
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decision,
IT IS ORDERED, bDJUDGED,•AND DECREED:
1. Initiative Pleasure °A ", which reads in full as
hereinafter. set forth, is invalid in its entirety:
FULL TEXT OF MEASURE A
SECTION 1: The Municipal Cade al the Cily al Motto Bay is hereby amended by
addng thereto Chapter 328, Sections 3.28.010 through 3.28.060. reading n rut as
iofows:
325.010 Dernitxvd
(a) —Community Prometon Activities' as used 'n This ordnance means any act or
dcvict Inctubng. without kmilalor media or Gitooard advertising. mass miring or &sin -
but'on of printed material special events. and maintaining visitor centers, designed to
draw visitors to the city or to disseminate information relative to the merits of the city
as a b:sincss. irduslrial recreational or re denlial area.
(b) 'City Furls means at pubic monies expended or authorized to be expended by
the City Camel or any city official or department.
3 78 020 General PmRNtbn
No city funds shag be budgeted. expended. or n any way authorized or committed
tor community promotion activities except as provided in this chaplet.
3 76 030 Dogar l iinitafm
In any one fiscal year. the City shag not commit of expend city funds lot commun-
ity ponotion actkilies in a total mean amount %hick exceeds five percent (S%) of the
revenues received by the City the peced.rc fiscal year from the transient occupancy
lax povded for elsewhere in this Municipal Code.
3 75.010 Pubic Bidding Required
No conlrad or grant shag be awarded lor the expenditure of city funds in excess of
5500.00 for community pomotion activities without first advertising lot competitive Gds
n two newspapers of general eircvlal'on d:slruuted in the city. Said advertising shat
luly descrlie the type of services desired and the r..anner h which they art to be per -
locDed
376.050 Pubic Meeting: Expenditures n Excess of 5500.00
. The City Counci shat not approve or authorize the expen &cure of city lunds in ex-
cess of 5500.00 lor any contract. award or grant lot community promotion activities
without first holding a noticed public hearing thereon. Said hearing shag be held at a
regular putt meeting as a noticed agenda item which specifies in detail the maximum
dollar amount of the proposed exlenditute. the services which wit be received by the
City. and the name of the proposed recipient of the money Isom the City.
3.78060 AccountaKgly and Controls
No city funds shat be paid for community pomolon activities to any Person unless
and unto sad person enters into a written agreement with the City prov'drg procedures
lot detailed accountability and controls for the expenditure of said city lunds. Final City
approval of each payment of city funds for community promotion activities shag be
read aloud by the City Clerk and authorized by the Counci at a regular Counci,
met !huge"
2. Defendant Chamber of Commerce is ordered to pay to
defendant City of Morro Bay the total sum of $3,307.54
with interest at the legal rate as follows: (a) the sur
of $1,417.53 with interest from and after May 30, 1980;
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Dated:
cr. (b) the sum cf $2,£90.01 with interest at the
'legal rate from July 16, 1980.
3 Plaintiff shall recover attorney fees from defendant
City of Morro Bay in the sum of $4,690.00.
4 Plaintiff shall recover costs from defendant City of
Morro Say in the sum of $66.77.
5. The Court retains jurisdiction to ensure compliance
with its judgment, and defendant City and defendant
Chamber shall, within 30 days, after this judgment has
become final, serve and file a verfied return to
indicate steps taken to comply with the judgment.
NOV 1 6 , 19e2
OO LPERt
Judge of the Superior Court
Judgment entered on , 1962, in Vol.
of the Judgment Book, page
FRANCIS M. COOIvEY, Clerk
By:
Deputy Clerk
HOWARD
ti
rlu fl,P $Ocriur (rnurt 1Jf the *aid Oixl' ' ,. :; s_c)
I• F'
IN AND FOR THE COUNTY OF SAN LUIS OBISPO
GAINES
VS.
Plaintiff.
I
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CHAMBER OF COMMERCE OF MORRO BAY, 0\,1
ET AL Defendant_
Or
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No
,OFtitOTICE OF ENTRY OF JUDGMENT,
DECREE OR ORDER
(Sec. 664.5 CCP)
NOV ,._. Ic.a,
FRANCh; i. com; I', COUNTY CL:
6y JeAt)NE MILLER
53545 ni.TuTYCa[n:<
(Insert Names and Address of Attorneys and Party for whom each appears.)
TO: Arthur J. Shaw, Jr.
Stuart and Shaw
981 Osos Street
San Luis Obispo, CA 93401
Michael T. LeSage
P.O. Box 306
Paso Robles, CA 93446
Attorney for Plaintiff Attorney for Defendants City of Morro
Bay
Allen Grimes - Attorney for Defendant Chamber of Commerce of Morro Bay
P.O. Box 749
Atascadero, CA 93423
To the above named parties and to their attorneys of record:
You are hereby notified that .TTIDPMENT
was entered on November 16. 1982
Dated: November 19, 1982
FRANCIS M. COONEY,
County Clerk and Ex Officio
Clerk of the Superior Court of the State of California,
in and for the County of San Luis Obispo.
in the above entitled matter.
B Y JcAI NE (.6!LLER
Deputy
CERTIFICATE OF MAILING
FRANCIS M. COONEY,
I, XIDEMSTWESMDIO.1, County Clerk and Ex- Officio Clerk of the Superior Court of the State of Califor-
nia, in and for the County of San Luis Obispo, and not a party to the within action, hereby certify: that on
November 19 19_1.2_, , I served Notice of Entry of Judgment on the parties in the within
action, by depositing true copies thereof, enclosed in sealed envelopes with the postage thereon fully prepaid
in the United States Postoffice at San Luis Obispo, California, addressed as follows:
CD -4a
Arthur J. Shaw
Stuart and Shaw
981 Osos Street
San Luis Obispo, CA 93401
Allen Grimes
P.O. Box 749
Atascadero, CA 93423
Dated: November 19, 1982
Michael T. LeSage
P.O. Box 306
Paso Robles, CA 93446
FRANCIS M. COONEY,
County Clerk and Ex- Officio
Clerk of the Superior Court of the State of California,
in and for the County of San Luis Obispo.
By
JOANNE MILER
Deputy
ORDINANCE NUMBER 195
AN ORDINANCE AMENDING SECTION 11 OF
ORDINANCE 100, SECTION 2 (PART) OF
ORDINANCE 65; AND, SECTION 17.40.030
(PART) AND SECTION 17.40.040 OF THE
MORRO BAY MUNICIPAL CODE.
T H E C I T Y C O U N C I L
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as
follows:
SECTION 1. Section 17.40.030 of the Morro Bay Municipal Code
is hereby amended to read as follows:
... C. Alternate Height, Bulk, and Area of Building Requirements:
-S.7 District.
Plans and data illustrating the height, bulk and area of all
existing and proposed buildings shall be submitted to the
Planning Commission for review and approval, on forms
authorized by the Commission.
... D. Architectural, Landscaping, Lighting and Other Special
Requirements: -S.8 District.
Complete architectural, landscaping, lighting and signing
program shall be submitted to the Planning Commission for
approval, on forms authorized by the Commission.
SECTION 2. Section 17.40.040 is amended to read as follows:
17.40.040 Procedure. Depending on the primary zone in effect,
plans, drawings, illustrations and other material necessary to
support the proposal for improvement and identify the development
in relation to the requirements shall be submitted to the Planning
and Community Development Director, who shall review these plans
and forward his recommendation to the Planning Commission for
action. The Planning Commission shall thereafter approve,
conditionally approve or disapprove said plans. Approval of
the Planning Commission shall thereafter constitute authority
for the issuance of a permit.
PASSED AND ADOPTED by the City Council of the City of Morro Bay
at a meeting of said City Council held this 9th day of March
1981, by the following roll call vote:
AYES: Anderson, Deutsch, Dorn, Lemons, Ward
NOES: None
ABSENT: None
ATTEST:
PAUL BAXTER, City Clerk
Warren 14. Dorn, Mayor
0
ORDINANCE NO. 194
1
AN ORDINANCE AMENDING SECTIONS 15.48.010 AND 15.48.020
OF THE MORRO BAY MUNICIPAL CODE
THE CITY COUNCIL
City of Morro Bay, California
The City Council of the City of Morro Bay
SECTION 1. That Section 15.48.010 of the
amended to read as follows:
15.48.010 Established. There is created
of six members. (Ord. 168 §1, 1979)
SECTION 2. That Section 15.48.020 of the
amended to read as follows:
does ordain as follows:
Morro Bay Municipal Code be
a harbor advisory board consisting
Morro Bay Municipal Code be
15.48.020 Qualifications. The members and alternates of the harbor
advisory board shall be qualified electors of the city and shall serve without
compensation. They shall hold no other public office in the city and include
one member and one alternate selected from the following interests: commercial
fishing, sports fishing, marine suppliers, fish processing, water related
businesses and one member to serve at large. (Ord. 168 §2, 1979)
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a
meeting of said City Council held this 23rd day of February
1981, by the following roll call vote.
AYES: Anderson, Deutsch, Dorn, Lemons, Ward
NOES: None
ABSENT: None
ATTEST:
ONIT KA U'•' ,Deputy sty Cverk
WARREN M. DORN, Mayor
ORDINANCE NO. 193
AN ORDINANCE DELETING SECTION 2.12.020
OF THE MORRO BAY MUNICIPAL CODE
THE CITY COUNCIL
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as follows:
SECTION 1. That Section 2.12.020 of the Morro Bay Municipal Code be
deleted.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a
meeting of said City Council held this 23rd day of February
1981 by the following roll call vote:
AYES: Anderson, Deutsch, Dorn, Lemons, Ward
NOES: None
ABSENT: None
ATTEST:
BONI A KAY MUR
t
et
Deputy Ci y—Clek
tte‘t—CaCQ14 .
WARREN M. DORN, Mayor
ORDINANCE NO. 192
AN ORDINANCE AMENDING SECTION 5.08.040
OF THE MORRO BAY MUNICIPAL CODE
THE CITY COUNCIL
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as follows:
SECTION 1. That Section 5.08.040 of the Morro Bay Municipal Code be
amended to read as follows:
5.08.040 Art, hobby or handicraft shows and exhibitions. Each person
sponsoring or organizating art, hobby or handicraft shows or exhibitions wherein
goods, artifacts or articles are offered for sale to the general public (provided
that such goods, artifacts or articles offered for sale are the products of
each individual exhibitor's own skill or talent) shall obtain a business license
from the city for the conduct of such art, hobby or handicraft show or
exhibition and shall collect a business license fee from each individual offering
such goods, artifacts or articles for sale to the general public.
Each person sponsoring or organizing said show or exhibition shall assure
the payment of such business license fees to the city and payment shall be made
for each and every day of the sale and such payments shall be made by no later
than the first day following the sale upon which the city business license
office is open for business.
A one dollar daily minimum business license fee is required for each
individual offering goods, artifacts, or articles for sale to the general public,
or three percent of the daily gross receipts resulting from sales by such
individuals, whichever amount is greater.'With respect to non - profit organizations,
the council can, by resolution, modify the fees provided for in this section.
Each person sponsoring or organizing such art, hobby or handicraft show
or exhibition shall report at the time of paying the business license fee,
in writing to the city, the name and daily gross receipts of each individual
person offering such goods, artifacts or articles for sale to the general public.
(Ord. 161 51, 1979: Ord. 159 §3, 1978: Ord. 109 SS3, 1973: Ord. 94 §10, 1971:
prior code 16220).
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a
meeting of said City Council held this 23rd day of February
1981, by the following roll call vote:
AYES: Anderson, Deutsch, Dorn, Lemons, Ward
NOES: None
ABSENT: None
WARREN M. DORN, Mayor
ATTES.:
BONI A KAY MURRA 6 /Deputy i-tty C rk
ORDINANCE NO. 191
AN ORDINANCE AMENDING SECTION 7.28 OF THE
MORRO BAY MUNICIPAL CODE
T H E C I T Y C O U N C I L
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as follows:
SECTION 1. That Section 7.28.020 of the Morro Bay Municipal Code be
amended to read as follows:
7.28.020 Molesting birds and bird eggs prohibited. No person shall shoot,
throw stones, wound, injure or otherwise maliciously hurt any species of wild
birds within the city and no person shall molest or damage the nest or eggs of
any wild birds within the city. However, if the city council, the city
administrator, or the city poundmaster determines that starlings or other birds
have become so numerous in any particular location or area as to be a public
nuisance, or for any other reason have become a public nuisance or a menace to
health or property, said fact may be declared and the birds involved may be
destroyed or otherwise controlled. (Ord. 85 51 (part), 1970: prior code 11802).
PASSED AND ADOPTED by the City Council off the City of Morro Bay at a meeting
of said City Council held this 12th day of January , 1981, by the
following roll call vote.
AYES:
NOES:
ABSENT:
ATTEST:
Anderson, Deutsch, Dorn, Lemons, Ward
None
None
PAUL BAXTER, City Clerk
WARREN M. DORN, Mayor
1
ORDINANCE NO. 190
AN ORDINANCE AMENDING CHAPTER 9.16 OF TITLE 9
OF THE MORRO BAY MUNICIPAL CODE
THE CITY COUNCIL
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as follows:
SECTION 1: Chapter 9.16 of Title 9 of the Morro Bay Municipal
Code is hereby amended to read as follows:
Chapter 9.16
FIREARMS AND MISSILES
Sections:
9.16.010 Firearms in council chambers.
9.16.020 When shooting prohibited.
9.16.030 Air guns, sling shots and bows and arrows.
9.16.040 Archery clubs excepted.
9.16.050 Throwing at buildings.
9.16.010 Firearms in council chambers. No persons, other than a
duly appointed peace officer or persons summoned by such duly appointed
officer to assist in making arrests or preserving the peace while such
person is actually engaged in assisting such officer, shall bring a
firearm into or possess a firearm within the Council Chambers of the
City, within the City Hall, or within any hearing room in which the
Council is conducting an adjourned or special meeting.
9.16.020 When shooting prohibited. It is unlawful for any person
without first obtaining written permission from the Police Chief, to
shoot or discharge any pistol, revolver, gun or any firearm of any
description not in necessary self defense, or in the performance of
official duty within the city limits.
9.16.030 Air guns, sling shots and bows and arrows. It is
unlawful for any person to shoot or discharge any air gun or air rifle,
or to use any sling shot or other device for propelling missiles, within
the city limits.
9.16.040 Archery club excepted. The provisions of 9.16.030 shall
not apply to members of established archery clubs or private individuals
when not dangerous to persons or property.
9.16.050 Throwing at buildings. It is unlawful for any person
to willfully and maliciously throw stones or other hard substances
at, against, or upon any house or building in this city.
PASSED AND ADOPTED by the City Council of the City of Morro
Bay at a regular meeting thereof held this 10th day of November, 1980,
by the following roll call vote:
AYES: Deutsch, Dorn, Lemons, Ward
NOES: None
ABSENT: Anderson
ATTEST:
/44- - de&
KENT M. TAYLOR, Ac inC g City Clerk
WARREN M. DORN, Mayor
• 1
ORDINANCE NO. 186
AN ORDINANCE AMENDING SECTION 16 OF ORDINANCE
100 AND SECTION 17.48.130 OF THE MORRO BAY
MUNICIPAL CODE
THE CITY COUNCIL
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as follows:
SECTION 1. That Section 16 of Ordinance 100 and Section 17.48.130 of the
Morro Bay Municipal Code be amended to read as follows:
17.48.130 Porch, Landing Place or Stairway Projections
Open, uncovered, raised porches, landing places or outside stairways in excess
of thirty inches above ground elevation may project not closer than three feet
to any side or rear lot line, and not exceeding five feet into any required
front yard. Projections less than thirty inches above ground elevation made
of combustible material may not project closer than three feet to any side or
rear lot line and such projections may extend to the property line if they
terminate at a noncombustible wall or fence which extends at least thirty
inches above the projection.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a
meeting of said City Council held this 10th day of Nnvamber
1980, by the following roll call vote.
AYES: Anderson, Deutsch, Dorn, Ward
NOES: None
ABSENT: Lemons
ATTEST:
,�� A ti
�R, A ting City Clerk
WARREN M. DORN, Mayor
ORDINANCE NO. 184
AN ORDINANCE AMENDING ORDINANCE NO. 164
PROVIDING FOR THE PURCHASE OF SUPPLIES
AND EQUIPMENT
The City Council of the City of Morro Bay does ordain as follows:
Section 10 of Ordinance No. 164 is hereby amended by adding the following
sections thereto:
(h) The City Council may contract directly without public bid with any
specially trained and experienced person, firm or corporation for special
services and advice in financial, economic, accounting, engineering, legal
or administrative matters and pay such compensation as it deems proper.
(i) The City Council shall also have the right to and may in its discretion
contract directly without public bid under lease - purchase agreements for leases
of equipment; provided however, the City shall not lease equipment without three
written quotations and prior Council approval.
(j) In its discretion the City Council may reject all bids presented
and readvertise or proceed without further public bidding as provided herein
If two or more bids are the same and the lowest, the City Council may accept
the one it chooses. If no bids are received or in the event that the City
Council elects to reject all bids, it may elect to either proceed without
public bidding or may resubmit the matter for further public bidding.
(k) After considering and rejecting bids twice, the City Council may
pass a resolution authorizing the City Administrator or his designee to negotiate
for the purchase of materials, supplies or services. Upon adoption of the
resolution, he /she may proceed without further complying with this chapter.
PASSED, APPROVED AND ADOPTED this 27th day of October
1980, by the following roll call vote:
AYES: Anderson, Deutsch, Dorn, Lemons, Ward
NOES: None
ABSENT: None
ATTEST:
DON'LD F. GU UZZ , Cit
WARREN M. DORN, Mayor.,
ORDINANCE NO. 183
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO
BAY AMENDING THE MUNICIPAL CODE TO REQUIRE BUSINESS
PROPRIETORS TO EXCLUDE MINORS FROM ANY ROOM OR PLACE
WHERE DEVICES, CONTRIVANCES, INSTRUMENTS OR PARAPHERNALIA
FOR THE SMOKING OR INJECTION OF MARIJUANA, HASHISH, PCP,
OR ANY CONTROLLED SUBSTANCE IS DISPLAYED OR OFFERED FOR
SALE, AND PROHIBITING THE GIFT, SALE OR DELIVERY OF SUCH
DEVICES TO MINORS.
The City Council of the City of Morro Bay does ordain as follows:
Title 9 of Chapter 9.20 of the Morro Bay Municipal Code, pertaining
to unlawful conduct, is hereby amended as provided in this ordinance.
Title 9 of Chapter 9.20 of the Morro Bay Municipal Code pertaining to
Public Peace, Morals and Welfare is hereby amended by adding thereto the
following:
9.20.010 Sale and Display of Narcotic and Other Paraphernalia:
A. Minors. (a) Except as authorized by law, no person shall maintain
or operate any place of business in which drug paraphernalia is kept,
displayed or offered in any manner, sold, furnished, transferred or given
away unless such drug paraphernalia are completely and wholly kept, displayed
or offered within a separate room or enclosure to which persons under the age
of 18 not accompanied by a parent or legal guardian are excluded. Each
entrance to such a room or enclosure shall be signposted in reasonably
visible and legible words to the effect that drug paraphernalia are kept,
displayed or offered in such room or enclosure and that minors, unless
accompanied by a parent or legal guardian, are excluded.
(b) Except as authorized by law, no owner, manager, proprietor or other
person in charge of any room or enclosure, within any place of business, in
which drug paraphernalia is kept, displayed or offered in any manner, sold,
furnished, transferred or given away shall permit or allow any person under
the age of 18 years to enter, be in, remain in or visit such room or enclosure
unless such minor person is accompanied by one of his or her parents or by
his or her legal guardian.
(c) As used in this section, "drug paraphernalia" means equipment, products,
and materials which are used, intended for use, or designed for use in planting,
propagating, cultivating, growing, harvesting, manufacturing, compounding,
converting, producing, processing, preparing, testing, analyzing, packaging,
•
Ordinance No. 183
Page Two
repackaging, storing, containing., concealing, injecting, ingesting, inhaling,
or otherwise introducing into the human body a controlled substance. Drug
paraphernalia includes the following:
(1) Kits used, intended for use, or designed for use in planting,
propagating, cultivating, growing or harvesting of any species of plant which
is a controlled substance or from which a controlled substance can be derived.
(2) Kits used, intended for use, or designed for use in manufacturing,
compounding, converting, producing, processing, or preparing controlled
substances.
(3) Isomerization devices used, intended for use, or designed for use
in increasing the potency of any species of plant which is a controlled
substance.
(4) Testing equipment used, intended for use, or designed for use in
identifying, or in analyzing the strength, effectiveness or purity of
controlled substances.
(5) Scales and balances used, intended for use, or designed for use in
weighing or measuring controlled substances.
(6) Diluents and adulterants, such as quinine hydrochloride, mannitol,
mannite, dextrose and lactose, used, intended for use, or designed for use in
cutting controlled substances.
(7) Separation gins and sifters used, intended for use, or designed for
use in removing twigs and seeds from, or in otherwise cleaning or refining
marijuana.
(8) Blenders, bowls, containers, spoons and mixing devices used,
intended for use, or designed for use in compounding controlled substances.
(9) Capsules, balloons, envelopes, and other containers used, intended
for use, or designed for use in packaging small quantities of controlled
substances.
(10) Containers and other objects used, intended for use, or designed
for use in storing or concealing controlled substances.
•
Ordinance No. 183
Page Three
(11) Hypodermic syringes, needles, and other objects used, intended for
use, or designed for use in parenterally injecting controlled substances into
the human body.
(12) Objects used, intended for use, or designed for use in ingesting,
inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish
oil into the human body, such as:
(A) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes
with or without screens, permanent screens, hashish heads, or punctured metal
bowls.
(8) Water pipes.
(C) Carburetion tubes and devices.
(D) Smoking and carburetion masks
(E) Roach clips, meaning objects used to hold burning material, such
as a marijuana cigarette that has become too small or too short to be held
in the hand.
(F) Miniature cocaine spoons, and cocaine vials.
(G) Chamber pipes.
(H) Carburetor pipes.
(I) Electric pipes.
(J) Air - driven pipes.
(K) Chillums.
(L) Bongs.
(M) Ice pipes or chillers.
(e) In determining whether an object is drug paraphernalia, a court or
other authority may consider, in addition to other logically relevant factors,
the following:
(1) Statements by an owner or by anyone in control of the object
concerning its use.
(2) The number of different displays that meet the definition of drug
paraphernalia.
(3) Direct or circumstantial evidence of the intent of an owner, or
of anyone in control of the object, to deliver it to persons whom he knows, or
should reasonably know, intend to use the object to facilitate a violation of
this section.
• 1
Ordinance No. 183
Page Four
(4) Instructions, oral or written, provided with the object concerning
its use.
(5) Descriptive materials, accompanying the object, which explain or
depict its use.
(6) Advertising concerning its use.
(7) The manner in which the object is displayed for sale.
(8) The existence and scope of legitimate uses for the object in the
community.
(9) Expert testimony concerning its use.
(f) This section shall not apply to any of the following:
(1) Any pharmacist or other authorized person who sells or furnishes
drug paraphernalia described in paragraph (10) of subdivision (C) upon the
prescription of a physician, dentist, podiatrist or veterinarian.
(2) Any physician, dentist, podiatrist or veterinarian who furnishes
or prescribes drug paraphernalia described in paragraph (10) of subdivsion
(C) to his or her patients.
(3) Any manufacturer, wholesaler or retailer licensed by the Board of
Pharmacy to sell or transfer drug paraphernalia described in paragraph (10)
of subdivision (C).
9.20.020 Same Nuisance. The distribution or possession for the purpose
of sale, exhibition, or display in any place of business from which minors
are not excluded as set forth in this section, and where devices, contrivances,
instruments or paraphernalia for smoking or injecting marijuana, hashish, PCP,
or any controlled substance, other than prescription drugs or devices to injest
or inject prescription drugs is hereby declared to be a public nuisance,
and may be abated pursuant to the provisions of Section 731 of the Code of
Civil Procedure of the State of California. This remedy is the sole remedy
under ordinances of the City and no other penalty provision shall apply and
specifically no criminal penalty.
e
Ordinance No. 183
Page Five
9.20.030. The City Council hereby declares that it would have passed
this ordinance sentence by sentence, paragraph by paragraph, and section by
section, and does hereby declare that the provisions of this ordinance are
severable and, if for any reason any sentence, paragraph, or section of this
ordinance shall be held invalid, such decision shall not affect the validity
of the remaining parts of this ordinance.
9.20.030. The City Clerk shall certify to the adoption of this ordinance.
The City Council hereby finds and determines that there are no newspaper of
general circulation both published and circulated within the City and, in
compliance with Section 36933 of the Government Code, directs the City Clerk
to cause said ordinance within fifteen days after its passage to be posted
in at least three public places within the City. This ordinance shall take
effect thirty days after its adoption.
Adopted and Approved this 28th day of July, 1980.
ATTEST:
AO mu t I 101
DONALD F. GUL Z Y, City
4v,,µ_ -c .
WARREN M. DORN, Mayor
ORDINANCE NO. 182
AN ORDINANCE ADDING SECTION
17.48.270 TO THE MORRO BAY
MUNICIPAL CODE
T H E C I T Y C O U N C I L
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as follows:
SECTION 1: That a Section 17.48.270 be added to the City of Morro
Bay Municipal Code as follows:
SECTION 17.48.270. Temporary Use Permit Required
The temporary uses listed in this section may be allowed by the
Community Development Director under an administrative Temporary Use Permit.
The Director may attach such conditions to the permit as are
necessary to assure that the temporary use complies with the intent of this
section.
A temporary use may require the approval of a Use Permit when the
Community Development Director determines that special conditions of approval
may be necessary to insure compliance with this Section or special circumstances
require a Planning Commission determination that the temporary use complies
with the intent of this Section.
1. Real Estate Sales Office in Tract
A temporary real estate sales office may be established in
a residential development for the first sale of property in
that development. Such an office may be located within a
residence or a common or temporary building. If a temporary
building is used, it shall be removed upon termination of
the use.
Sales offices shall not be used for more than six months,
except that upon approval of the Planning Commission, they
may be continued for one successive period of not more than
six months.
2. Christmas Tree Sales
Premises within nonresidential districts except in a P.D.
District may be used for the temporary sale of cut or growing
Christmas trees, provided that:
a. Sales shall not be conducted before December 1 or after
December 31; and
b. All trees, signs, and temporary structures shall be kept
within the limits of the property and shall be removed within
10 days after the close of the sale.
ORDINANCE NO. 182
Page Two
3. Temporary Refrigeration
Premises within nonresidential districts, on or near the water-
front that are associated with the processing or wholesale sale
of fish may be used to place temporary refrigeration facilities
provided that:
a. Said temporary refrigeration facilities will be allowed
only for periods not exceeding two weeks within any six
months.
b. The installation of said facilities is found by the Director
not to conflict with the use of the premises or with the
enjoyment of neighboring premises.
c. Said temporary refrigeration facilities shall be operated by
a power source from the electric public utility.
Passed and adopted by the City Council of the City of Morro Bay at a
regular meeting thereof held this 22nd day of September, 1980 by the following
roll call vote:
AYES: Anderson, Deutsch, Lemons, Ward
NOES: None
ABSENT: Dorn
ATTEST:
naCIY!/!i
DONALD F. GULUZZY, City C
JO IjN LEMONS, Mayor Pro -Tem
• •
ORDINANCE NO. 181
CIVIL DEFENSE AND DISASTER PLANNING FOR THE PROTECTION OF PERSONS
AND PROPERTY IN THE EVENT OF AN EMERGENCY AMENDING MUNICIPAL CODE CHAPTER 8.08
ENTITLED CIVIL DEFENSE
BE IT ORDAINED by the Council of the City of Morro Bay as follows:
Section 1. Purposes. The declared purposes of this ordinance are to
provide for the preparation and carrying out of plans for the protection of
persons and property within this city in the event of an emergency; the
direction of the emergency organization; and the coordination of the emergency
functions of this city with all other public agencies, corporations,
organizations, and affected private persons.
Section 2. Definitions. As used in this ordinance, "emergency" shall
mean the actual or threatened existence of conditions of disaster or of
extreme peril to the safety of persons and property within this city caused
by such conditions as accidents (transportation - industrial), civil
disturbances, earthquakes, epidemics, fire, flood, nuclear incident, oil
spill, pipeline incident, pollution (air - water), riot, storms, and tsumami,
or other conditions, including conditions resulting from war or imminent
threat of war, which conditions are, or are likely to be, beyond the control
of the services, personnel, equipment, and facilities of this city,
requiring the combined forces of other political subdivisions to combat.
Section 3. Disaster Council Membership. The Morro Bay Disaster Council
is hereby created and shall consist of the following:
A. The City Administrator, who shall be the director of emergency
services and chairman of the Disaster Council.
B. The assistant director of emergency services who shall be the Director
of Public Services and vice chairman.
C. The deputy director of emergency services, who shall be chosen by
the director.
D. Such chiefs of emergency services as are provided for in a current
emergency plan of this city, adopted pursuant to this ordinance.
• •
E. Such representatives of civic, business, labor, veterans, professional,
or other organizations having an official emergency responsibility,
as may be appointed by the director with the advice and consent of
the City Council.
Section 4. Disaster Council Powers and Duties. It shall be the duty of
the Morro Bay Disaster Council, and it is hereby empowered, to develop and
recommend for adoption by the City Council, emergency and mutual aid plans
and agreements and such ordinances and resolutions and rules and regulations
as are necessary to implement such plans and agreements. The Disaster Council
shall meet upon call of the chairman or, in his absence from the City or
inability to call such meeting, upon call of the vice chairman.
Section 5. Director, Assistant Director, and Deputy Director of
Emergency Services.
A. There is hereby created the office of director of emergency services.
The City Administrator shall be the director of emergency services.
B. There is hereby created the office of assistant director of emergency
services. The Director of Public Services shall be the assistant
director.
C. There is hereby created the office of deputy director of emergency
services, who shall be appointed by the director.
Section 6. Powers and Duties of the Director, Assistant Director and
Deputy Director of Emergency Services.
A. The director is hereby empowered to:
(1) Request the City Council to proclaim the existence or threatened
existence of a "local emergency" if the City Council is in session, or to
issue such proclamation if the City Council is not in session. Whenever
a local emergency is proclaimed by the director, the City Council shall
take action to ratify the proclamation within seven days thereafter or
the proclamation shall have no further force or effect.
(2) Request the Governor to proclaim a "state of emergency" when,
in the opinion of the director, the locally available resources are
-2-
• •
inadequate to cope with the emergency.
(3) Control and direct the effort of the emergency organization
of this city for the accomplishment of the purposes of this ordinance.
(4) Direct cooperation between and coordination of services and
staff of the emergency organization of this city; and resolve questions
of authority and responsibility that may arise between them.
(5) Represent this city in all dealings with public or private
agencies on matters pertaining to emergencies as defined herein.
(6) In the event of the proclamation of a "local emergency" as herein
provided, the proclamation of a "state of emergency" by the Governor
or the Director of the State Office of Emergency Services, or the
existence of a "state of war emergency ", the director is hereby empowered:
(a) To make and issue rules and regulations on matters reasonably
related to the protection of life and property as affected by such
emergency; provided, however, such rules and regulations must be
confirmed at the earliest practicable time by the City Council;
(b) To obtain vital supplies, equipment, and such other properties
found lacking and needed for the protection of life and property and
to bind the City for the fair value thereof and, if required
immediately, to commandeer the same for public use;
(c) To require emergency services of any City officer or employee
and, in the event of the proclamation of a "state of emergency" in
the county in which this city is located or the existence of a
"state of war emergency," to command the aid of as many citizens of
this community as he deems necessary in the execution of his duties;
such persons shall be entitled to all privileges, benefits, and
immunities as are provided by state law for registered disaster
service workers;
(d) To requisition necessary personnelor-material of any City
department or agency; and
-3-
•
(e) To execute all of his ordinary power as City Administrator,
all of the special powers conferred upon him by this ordinance or
by resolution or emergency plan pursuant hereto adopted by the City
Council, and all powers conferred upon hint by any statute, by any
agreement approved by the City Council, and by any other lawful
authority.
B. The director of emergency services shall designate the order of
succession to that office, to take effect in the event the director is
unavailable to attend meetings and otherwise perform his duties during an
emergency.
C. The assistant director shall assist the director of emergency services
in all respects, particularly in coordinating the activities of City staff
members and volunteer members of the emergency organization.
D. The deputy director shall, under supervision of the director and
assistant director and with the assistance of emergency service chiefs,
develop emergency plans and manage the emergency programs of this city; and
shall have such other powers and duties as may be assigned'. by the director
and assistant director.
Section 7. Emergency Organization. All officers and employes of this
city, together with those volunteer forces enrolled to aid them during an
emergency, and all groups, organizations, and persons who may by agreement
or operation of law, including persons impressed into service under the
provisions of Section 6 of this code, be charged with duties incident to the
protection of life and property in this city during such emergency, shall
constitute the emergency organization of the City of Morro Bay.
Section 8. Emergency Plan. Disaster Council shall be responsible
for the development of the City of Morro Bay Emergency Plan, which plan
shall provide for the effective mobilization of all of the resources of
this city, both public and private, to meet any condition constituting a
local emergency, state of emergency, or state of war emergency; and shall
provide for the organization, powers and duties, services, and staff of the
emergency organization. Such plan shall take effect upon adoption by
resolution of the City Council.
-4-
Section 9. Expenditures. Any expenditures made in connection with
emergency activities including mutual aid activities, shall be deemed
conclusively to be for the direct protection and benefit of the inhabitants
and property of the City of Morro Bay.
Section 10. Punishment of Violations. It shall be a misdemeanor,
punishable by a fine not in excess of five hundred dollars ($500), or by
imprisonment for a period not to exceed six months, or both, for any persons,
during an emergency, to:
A. Willfully obstruct, hinder, or delay any member of the emergency
organization in the enforcement of any lawful rule or regulation issued
pursuant to this ordinance, or in the performance of any duty imposed upon
him by virtue of this ordinance.
B. Do any act forbidden by any lawful rule or regulation pursuant to
this ordinance, if such act is of such a nature as to give, or be likely to
give, assistance to the enemy or to imperil the lives or property or
inhabitants of this city, or to prevent, hinder, or delay the defense or
protection thereof.
C. Wear, carry, or display, without authority, any means of identification
specified by the emergency agency of the State.
INTRODUCED AND PASSED TO PRINT by the Council of the City of Morro Bay
at a Regular Meeting held thereof on the 28th day of July, on motion of
Councilman R. Anderson , seconded by Councilman J. Lemons
and on the following roll call vote:
AYES: Councilmen Anderson, Dorn, Lemons
NOES: None
ABSENT: None
ATTEST:
cTY�r�
D NALD F. GULUZZY, CITY C
WARREN M. DORN, MAYOR
• - t
ORDINANCE NO. 180
AN ORDINANCE AMENDING CHAPTER 15.32
OF THE MORRO BAY MUNICIPAL CODE TO ADD
A NEW SECTION 15.32.020 ESTABLISHING
A CITY DOCKAGE WAITING LIST AND
REQUIREMENTS THEREFORE
T H E C I T Y C O U N C I L
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as
follows:
WHEREAS, the City of Morro Bay has a limited number of dock-
age spaces, and
WHEREAS, the City Council desires to rent this limited space
on the most equitable basis consistent with the language of the
State Tidelands Grant.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City
of Morro Bay that Chapter 15.32 of the Morro Bay Municipal Code be
amended to add Section 15.32.020 establishing an official dockage
waiting list and the rules governing that list that shall read as
follows:
SECTION 15.32.020. Dockage Waiting List
An official dockage waiting list shall be hereby established
and maintained by the City Harbormaster consistent with the
following rules.
a. Any vessel of a commercial nature as defined in
Section 15.04.150 of this code shall be placed on
the dockage waiting list by submitting an application
for dock space accompanied by a non - refundable de-
posit of $250.00. This deposit shall apply toward a
portion of the first six month's rent for the dock
space.
b. No vessel shall occupy a slip when said vessels length
is more than 20% less than the length of the slip
unless no other vessels meeting the requirements of
this paragraph remain on the waiting list. The
Harbor Master shall have the authority to reassign
slip locations to maximize boat to slip length ratio.
c. This section shall apply to all lessees and sub-
lessees of Tidelands Grant Water Lease Sites.
On motion by J. Lemons and seconded by w. Dorn
the Morro Bay City Council hereby adopts the foregoing proposed
resolution in its entirety on the following roll call vote:
AYES: Anderson, Deutsch, Dorn, Lemons, Ward
NOES: None
ABSENT: None
ADOPTED: September 8, 1980 A.44 ,C. oat
WARREN DORN, Mayor
• •
ORDINANCE NO. 179
AN ORDINANCE AMENDING SECTION
15.04.150 OF THE MORRO BAY MUNICIPAL
CODE REDEFINING VESSELS OF A
COMMERCIAL NATURE
T H E C I T Y C O U N C I L
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as
follows:
WHEREAS, the City of Morro Bay has a policy to rent or
lease all City facilities at docks, wharves or piers primarily
to those vessels of a commercial nature; and
WHEREAS, the City Council desires to enforce that policy,
and workable definition of a commercial vessel;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
City of Morro Bay that Section 15.04.150 of the Morro Bay
Municipal Code be amended to read as follows:
SECTION 15.04.150. Vessels of a Commercial Nature
"Vessels of a commercial nature" means vessels for
which the State of California, Department of Fish
and Game 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. Such use shall be
evidenced by proof that the vessel has grossed a
minimum of $5,000 during the calendar year or that
the vessel has fished at least 60 days during the
calendar year. Gross earnings or fish sales shall
be evidenced by State of California, Department of
Fish and Game Commercial fish receipts or by the
official Commercial fish receipts of other west
coast states.
On motion by J. Lemons and seconded by W. Dorn
the Morro Bay City Council hereby adopts the foregoing proposed
resolution in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
Deutsch, Dorn, Lemons
Anderson, Ward
None
September 8, 1980
DONALD F. GULUZZY,
— WARREN M. DORN, Mayor
It
ORDINANCE NO. 178
T H E 6
C I T Y C O U N C I L
City of Morro Bay, California
CHAPTER 17.44
PARKING, DRIVEWAY AND LOADING FACILITIES
SECTION 17.44.010 PURPOSE AND INTENT
It is the purpose and intent of these parking, driveway and loading regulations
as follows:
1. To minimize street congestion and traffic hazards;
2. To provide safe and convenient access to land uses.
SECTION 17.44.020 PARKING FACILITIES
A. Off Street Parking: General Requirements
1. Facilities Required
For every structure erected or enlarged, and for all land devoted to a
new use, and for any structure or land changed to a more intensive use
that would require the provision of more parking spaces over what
already exists, there shall be provided off street parking spaces in
accordance with the requirements and standards of this Chapter. A
change, expansion, or intensification of land use which would increase
the number of parking spaces required as provided in this title shall
be based only upon the number of spaces required for the change or
expansion.
ti-
2. tRequi.rements-ill Uses Not Listed
The Director shall determine the parking requirement based on the
parking required for the most similar use of equivalent intensity.
3. Mixed Uses Sites
Where more than one use is located on a site or within a master - planned
development with common parking areas, the parking requirement shall be
determined by adding the requirements for the individual uses.
4. Mixed Function Buildings
Where a building occupied by a single use contains several functions,
the parking requirement is to be determined as that required for the
principal use based on the total area of all internal functions.
5. Joint Use Parking Facilities
The Director may authorize the joint use of parking spaces where there
is no conflict in the operating hours of the concerned uses or where the
• CHAPTER 17.44
Page Two
•
total number of spaces is not less than the sum of the individual
parking requirements of the joint users, provided that the concerned
parties submit an adequate executed agreement governing the joint
parking.
6. Off Site Parking Facilities
Off street parking requirements may be met partially or wholly upon
a site other than the site on which the use the structure to be served
by the parking is located, provided thatsaid site is within 600 feet of
the use to be served and that an adequate indenture is recorded desig-
nating the off street parking facility and the use or structure to be
served, providing legal description of the sites, and certifying that
the parking facility shall not be used for any other purpose.
Upon submission of satisfactory evidence that other off street parking
facilities that meet the requirements of this Chapter have been provided,
or that the use requiring off site parking has ceased, been removed,
or altered so as to no longer require the off site parking facility,
the Planning Commission shall remove the restriction.
7. Bicycle Facilities
Each use for which ten (10) or more parking spaces are required shall
provide facilities where bicycles may be locked, at the rate of one
bicycle space for each five vehicle parking spaces. The location of
such facilities shall be convenient to cyclists and shall be in an
open location away from traffic flow near the front of the parking lot.
B. Off Street Parking: Requirements by Use
When determining the parking requirements for land uses, the following
standards shall be used:
1. RESIDENTIAL USES
a. Boarding houses, fraternities, sororities. One space for each 1.5
occupants or 1.5 spaces for each bedroom, whichever is greater.
b. Mobile homes. One space for each unit, to be located with the unit,
plus 0.5 spaces for each unit, which may be located in common or
guest parking areas.
c. Single family dwellings. Two spaces for each dwelling, at least
one of which shall be covered and enclosed.
d. Multifamily apartments. For studio apartments, one space per unit.
For units with one or more bedrooms, 1.5 spaces for the first bedroom
plus 0.5 spaces for each additional bedroom, plus one space for each
five units in developments of 5 or more units for guest parking. All
spaces except for those reserved for guest parking shall be covered,
and one space per unit shall be covered and enclosed.
. CHAPTER 17.44
Page Three
• •
e. Community Housing Projects. For studio units, one space per unit.
For units with one or more bedrooms, 1.5 spaces for the first bedroom
plus 0.5 spaces for each additional bedroom, plus one space for each
five units in development with more than five units for guest parking.
All spaces except those reserved for guest parking shall be covered
and enclosed.
f. Elderly Housing. Housing designed for the elderly, wherein indivi-
dual units are specifically designed to be inhabited by residents
at least one of whom must be aged 62 or older, may provide less
parking than required above, but in no case fewer than 0.5 spaces
for each dwelling unit.
g. Motels, hotels. One space for each room or group of rooms intended
to be occupied as a suite, plus one space for each 10 rooms, plus
two spaces for each resident manager's quarters.
2. PUBLIC /INSTITUTIONAL USES
a. Elementary and junior high schools. Two spaces for each classroom
plus one space for each 300 square feet of office, assembly, or
common facility gross floor area.
b. Secondary schools. Four spaces for each classroom plus one space
for each 300 square feet of office, assembly, or common facility
gross floor area.
c. Adult, business and trade schools. One space for each 50 square
feet of classroom floor area.
d. Nursery schools or day care facilities. One space for each 200
square feet gross floor area.
e. Hospitals. One space for each bed.
f. Rest homes, convalescent hospitals. One space for each three beds.
g. Animal hospitals, Veterinary clinics, Small animal boarding. One
space for each 300 square feet of gross floor area plus one space
for each 1,500 square feet of kennel area.
h. Mortuaries, funeral homes. One space for each four permanently
located seats or one space for each 40 square feet of floor area in
----. .
the assembly.room(s), whichever is greater. !4" '"i (
'
i. Churches, lodges, clubs. One space for each four permanently
located seats or one space for each 40 square feet of floor area in
the assembly room(s), whichever is greater. For classroom require-
ments see "Schools ".
j. Libraries. One space per 500 square feet of gross floor area.
k. Conference facilities. One space for each 50 square feet in the
assembly room(s).
CHAPTER 17.44
Page Four
3. COMMERCIAL RECREATION USES.
a. Assembly halls, auditoriums,'theaters, stadiums. One space for each
four permanently located seats or one space for each 40 square feet
of unfixed seating space. For booth or bench seating, each 2 feet
of length or fraction thereof shall count as one seat.
b. Bowling alleys. Two spaces for each Zane plus one space for each 200
square feet of floor area devoted to spectator or other customer use.
c. Billiards. One space for each 100 square feet of gross floor area.
d. Golf courses. Five spaces per hole plus that required for clubhouse
uses.
e. Golf driving ranges. Two spaces per tee.
f. Games, amusements, outdoor game areas. One space for each 100 square
feet of gross floor area.
g. Gymnasiums. One space for each 200 square feet of exercise space,
plus one space for each 100 square feet of floor area devoted to
spectator or other customer use.
h. Handball, racquetball, tennis. Two spaces per court, plus one space
for each 300 square feet of shower, locker, or changing area.
i. Skating rinks, dance halls. One space for each 300 square feet of
skating surface or dance floor plus one space for each 100 square
feet of floor area devoted to spectator or other customer use.
j. Skateboard parks. One space per 500 square feet of use area.
k. Swimming pool. One space per 100 square feet of pool area, plus
one space per 300 square feet of deck area.
1. Marinas. One space for each 35 lineal feet of boat tie down area
or two spaces for each 35 lineal feet of boat tie down area to be
used by "Ziveaboard" boats.
m. Studios. Art, music, dance, photography. One space for each 200
square feet of gross floor area.
4. RETAIL COMMERCIAL USES.
a. General (such as food, clothing, books, hardware, automotive
accessories). One space for each 200 square feet of gross floor
area.
b. Restaurants, cafes, bars. One space for each four permanently
located seats or one space for each 60 square feet of floor area to
be occupied by customers, whichever is greater, plus one space for
each 30 square feet of dance floor. For booth or bench seating,
each 2 feet of length or fraction thereof shall count as one seat.
c. Furniture and applicances. One space for each 500 square feet of
gross floor area.
CHAPTER 17.44
Page Five
•
d. Outdoor sales such as lumberyard; plant nurseries, sales of building
materials, mobile homes,'farm implements and automobiles. One space
for each 2,000 square feet of outdoor or warehouse storage area plus
one space for each 300 square feet of indoor sales or accessory office
area, plus one space for each 500 square feet of enclosed processing
or milling area.
5. SERVICE COMMERCIAL USES.
a. Service commercial. (Such as auto repair;'welding, tire recapping,
'
industrial laundries, wholesale or contractors supply outlets).
One space for each 500 square feet gross floor area plus one space
for each 300 square feet gross floor area of accessory offices.
b. Service stations. One space for each office or attendant booth
plus two spaces for each service bay, plus one for each two fuel
pumps.
c. Personal services such as barber and beauty shops, small appliance
repair, clothing alteration and shoe repair. One space for each
200 square feet of gross floor area but not less than two spaces
for each separate tenancy in a development or shopping center.
d. Rental of appliances, furnishing, tools, or equipment. One space
for each 300 square feet of indoor office, display or storage area
plus one space for each 500 square feet of outdoor storage /display.
e. Laundromats (self- service laundries or dry cleaners). One space for
each two machines.
f. Car washes. One space plus tandem reservoir spaces equal to five
times washing capacity.
g. Printing, publishing, duplicating, blueprinting. One space for
each 500 square feet of gross floor area.
6. OFFICE USES
a. General business and professional services. One space for each 300
square feet of gross floor area but not fewer than two for each
tenancy in an office complex.
b. Banks, savings &loans. One space for each 300 square feet of gross
floor area.
c. Title insurance companies. One space for each 300 square feet of
gross floor area but not fewer than two sapces for each tenancy in
an office complex.
d. Medical and dental. One space for each 300 square feet of gross
floor area, but not fewer than two spaces for each tenancy in an
office complex or clinic.
7. 'INDUSTRIAL USES.
CHAPTER 17.44
Page Six
a. Manufacturing, industrial uses. One space for each 500 square feet
of gross floor area.
b. Contractor's storage yard. One space for each 1,500 square feet of
yard area plus one space for each 500 square feet of building area.
c. Truck stops. One space per 600 square feet of land area used.
d. Warehousing not associated With another use. One space for each 1,000
square feet gross floor area plus one space for each 300 square
feet of accessory office area.
e. Wrecking yards, junkyards. One space per 1,000 square feet of
use area.
C. Parking Facility Standards
1. PERMITS
a. For any new parking lot or lot which is proposed to be extended in
an area or capacity which is not proposed as part of a larger develop-
ment, a permit shall be obtained from the Community Development
Department. To obtain such a permit the applicant shall submit
plans for improvements which conform to all city standards. When
parking lot construction is proposed as part of other development
on the property, permits for the development shall cover the construc-
tion of the parking lot.
b. Plans for parking facilities shall show the design, arrangement,
and landscaping of a parking lot as well as trash enclosures, light
standards and other parking lot furniture. Permits shall be approved
by the Director except when approval of such facilities must be made
by any pertinent boards or commissions as required in this Title.
2. LOCATION AND NUMBER OF SPACES
a. Required parking spaces shall be on the same lot as the use served.
However, off site parking may be allowed under Section 17.44.020.6
of this Code.
b. No portion of any parking space or aisle, except entrance and exit
driveways, shall be permitted in a required street yard area.
3. DESIGN AND LAYOUT
a. Size and arrangement of spaces shall be as shown in Figure 44A or
as otherwise stated in the subsections below.
b. Vehicles must be able to enter all parking spaces with one contin-
uous movement and exit with no more than two movements. This pro-
vision does not apply to parallel parking spaces. A vehicle in one
space shall not block another space.
c. Parking spaces facing a wall containing entrances and abutting a
walkway to those entrances must be at least 4 feet clear of such wall.
CHAPTER 17.44
Page Seven
• •
d. Parking space shall slope no more than 6 percent in any direction
and no less than 0.5 percent in the direction of drainage. A
maximum of 10 percent slope in aisle and turn around areas may be
allowed by the City Engineer.
e. In residential parking lots, the minimum parking space dimensions
shall be 8.5' by 18'. In commercial parking lots, the minimum parking
space dimensions shall be 8.5' by 20'. Standard size parallel
spaces shall be 8.5' by 22'.
f. In residential and commercial parking lots with four or more spaces,
25 percent of the parking spaces may be compact -size spaces. For
perpendicular or angled compact spaces, the minimum dimensions shall
be 8.5' by 16'. The back -up space and turn radius requirements
shall be the same as for standard size spaces. For parallel compact
spaces the minimum dimensions shall be 8.5' by 20'. Compact size
spaces shall be signed as such by either marking on the pavement
or on the wheel stop.
For handicap parking spaces, the minimum dimensions shall be 12'
by 20', and such spaces shall be so located so that the driver may
exit the vehicle directly onto a curb ramp.
h. Parking spaces which back directly onto a public street shall be
setback a minimum of 20 feet from the back of the sidewalk, regard-
less of the zoning of the property, and shall not encroach into the
street yard setback.
i. Parking lots with five or more spaces shall be designed so that
automobiles will exit onto a public street moving forward. No
space may be allowed that requires a vehicle to be manuevered on
the public sidewalk in order to exit.
The minimum allowable inside turning radius in parking and driveway
areas shall be 20 feet. Where fire truck access is necessary, the
minimum inside radius shall be 28', and the outside radius shall
be 48' clear.
9.
k. Curb or wheel stops shall be required where parking spaces head into
a wall, fence, building or the side of another parking space, or as
determined necessary by the City Engineer. Entrance signing
may be required by the City Engineer wherever conditions warrant.
1. Exit and entrance directional arrows shall be marked on the pavement
where one -way driveways are used. Pavement signing shall be marked
and maintained as required by the City Engineer. Entrance signing
may be required by the City Engineer wherever conditions warrant.
m. Off- street parking areas and features constructed on them shall be
perpetually maintained. The layout of parking lots shall be retained
as originally approved by the City.
n. Parking lots and driveways shall be constructed in compliance with
engineering and material standards available at the Community Develop-
ment Department. Optional surfacing materials (such as brick or
ecoblock) which meet design requirements for parking may be approved
by the City Engineer.
. CHAPTER 17.44
Page Eight
• •
o. Parking lots serving commercial or industrial land uses that abut
an area of residential land uses shall not have their access
through the area of residential land uses.
p. One hundred and fifty cubic feet of enclosed storage space shall
be provided for each parking space serving a residential use that
is required to be covered or enclosed.
4. LANDSCAPING AND SCREENING
a. In order to prevent large, unbroken expanses of parking, parking
lots shall have at least 5 percent of their surface devoted to
landscaping, exclusive of setbacks and street screening, arranged
in an appropriate and effective manner. Landscaping shall consist
of combinations of trees, shrubs, and ground covers with careful
consideration given to eventual size and spread, susceptability
to disease and pests, durability, and adaptability to existing
soil, and climatic conditions. Utilization of native vegetation
shall be encouraged.
b. Landscaped areas shall have a permanent underground irrigation
system. All landscaped planting shall be watered and maintained
and dead plants shall be replaced.
c. Parking lots planter areas shall be provided after each five
parking spaces in any row and at the ends of each row of parking
spaces to encourage the use of trees in parking areas. An
average of at least one tree of a minimum 15 gallon size and of a
species satisfactory to the Director shall be planted for every
five (5) single row parking stalls or every ten (10) double row
parking stalls within the parking lot with a minimum of two (2)
such trees being provided regardless of the number of parking
stalls.
d. Planting areas which may be hit by automobiles or where drainage
control is necessary shall be defined by a 6 -inch curb or berm
of reinforced concrete, brick or block. A header -board protected
by parking bumpers or other suitable permanent material may be
approved by the City Engineer. Protection must also be provided
between the back of a city sidewalk and a planting area to
prevent material from washing onto the sidewalk; this may be done
by a curb or header.
e. Parking lot planting areas shall have a minimum dimension of 4' by
15'. Landscape areas defining ends of rows shall extend to the
minimum inside turn radius, shall not conflict with an aisle or
back -up area, obstruct the drivers visibility, nor be less than
4' in width.
f. Areas between the parking area and the street and side and rear
property lines and unused spaces resulting from the design or layout
of parking spaces or accessory structures shall be landscaped.
Any parking lot with five (5) or more parking spaces adjoining a
street shall have the street frontage and their outside perimeter
screened by a 3' high decorative masonry wall, mature hedge, or
g.
CHAPTER 17.44
Page Nine
• •
landscaping berm, except at those points of access for vehicular
or pedestrian access. However, parking lots next to a residential
development or an office on an adjacent site shall be screened
by a 6' high decorative wall, fence or mature hedge.
h. Landscaped earth berms may be used to meet the screening require-
ments only if the berm is to be at least two feet in height and
is planted with appropriate shrubs and groundcover.
i. Landscaping, landscape berms, or other screening for parking
facilities shall be so located as to not impair visibility at
driveway areas or in other areas of the parking facility where
maintaining visibility is necessary to the safe use of the facility.
5. PARKING LOT MAINTENANCE
It shall be the duty of the property owner to maintain and repair the
parking lot and related improvements in accordance with the above
standards and any other conditions imposed at the time of approval.
If the Community Development Department finds that the lot is in need
of maintenance or repair, the Code Enforcement Official may cite the
owner or use the nuisance abatement procedure for correcting violations
of this Code.
SECTION 17.44.030 DRIVEWAYS AND DRIVE APPROACHES
A. DRIVE DIMENSIONS
1. The following minimum and maximum widths apply to driveways and drive
approaches serving parking lots.
Lots with six or fewer spaces serving
residential uses, existing structures
converted to office use, and newly
constructed offices.
Min. Max.
width width
10' 16'
Lots with six or fewer spaces serving com- 12' 16'
mercial and industrial uses and where any
building to be served is more than 150'
from the street right -of -way.
Lots with seven or more spaces but fewer 12' 20'
than 20 spaces and with separate entrances
and exits (one -way driveways).
Lots with seven or more spaces but fewer 16' 30'
than 20 spaces and with only one point for
entering and leaving (two -way driveways),
and lots with 20 or more spaces serving
office and residential uses.
Lots with 20 or more spaces serving commer- 20' 30'
cial and industrial uses and where any type
of use requires fire truck access.
. CHAPTER 17.44
Page Ten
• •
2. No single commercial or industrial driveway (excepting transitions)
shall be wider than 50 percent of the actual lot frontage on any one
street or more than 30 feet whichever is less. When more than one
driveway serves a parcel, the total width of driveways (excepting
transitions) shall not exceed 50 percent of the actual lot frontage
on any one street. When a parcel has more than one driveway, there
shall be at least 22 feet of standard curb and gutter between the
tops of the driveway transitions.
3. Residential lots shall not have more than one driveway for each street
frontage which is less than 70 feet. In case of one or more driveways,
the total width of driveways (excepting transitions) shall not exceed
30 percent of the frontage, and there shall be at least 22 feet of
standard curb and gutter between the top of driveway transitions on
any one parcel.
4. Driveway widths greater than 30 feet may be permitted or required by
the Director when needed for safety purposes or to avoid awkward
vehicle maneuvers.
5. Driveway widths greater than the minimum specified above may be
required by the Director when the site layout and safety dictate.
6. There shall be at least 22 feet of standard curb and gutter between
the top of a driveway transition and the back of sidewalk of a street
intersecting the street to which the driveway has access.
B. DRIVEWAY DESIGN
1. The maximum slope of driveways serving residential development shall
be 14 percent. Those serving commercial lots shall slope no more than
10 percent. Vertical curb transitions shall be provided consistent
with city standards at either end of the driveway.
2. The City Engineer may allow residential driveways to have slopes as
high as 20 percent providing that special construction procedures
and materials are used.
3. Driveways which serve commercial or multi - family development which
exceed 100' in depth shall provide a turnaround to ensure that cars
can safely exit in a forward direction. Driveways which serve single -
family residential developments characterized by extreme topography
may also be required to provide turnarounds.
4. No part of the driveway transition shall extend beyond the side property
line of the property being served by the driveway unless a written
agreement is obtained from the adjacent property owner and filed
with the City Engineer for recording with the County Recorder. The
agreement shall be in a form approved by the City Attorney.
5. Depressed or recessed curbs for driveway entrances shall not be
allowed unless standard concrete driveway ramps are constructed.
. CHAPTER 17.44
Page Eleven
• •
6. For residential uses, in lieu of a full width paved driveway and where
the driveway serves only one residence, paved wheel tracks are allowed
as long as the tracks are located where the wheel traffic will most
probably occur, the tracks are located only behind the sidewalk ramp,
each track is at least 3 feet wide, and the inside of the tracks are
no more than 3.5 feet apart.
C. REPLACEMENT OF CURB AND SIDEWALKS OF ABANDONED DRIVEWAYS
The Director of Public Services shall determine whether a driveway has been
abandoned. Any such abandoned driveway shall be removed by the owner and
replaced with standard curb, gutter and sidewalk to fit the existing line
of grade of adjacent standard curb, gutter and sidewalk. The Director of
Public Services shall cause an abandoned drive to be removed if it has not
been removed wtihin 30 days after the owner has been notified to do so. The
procedure for repair and collection of the cost of repair shall be as set
forth in Division 7, Part 3, Chapter 22 of the Streets and Highways Code.
D. LIMITED ACCESS STREET
Driveway encroachments may be restricted onto some streets by Use Permit
if alternative points of access to the property exist or if the City
Council, has, by resolution, restricted access to the street. A list of
any such limited- access streets shall be held on file and available at
City Hall in theCommunity Development Department.
E. COMMON ACCESS DRIVEWAYS
1. PERMITTED. Common access driveways may be permitted in either of the
following cases:
a. On lots of record existing before the effective date of this
section if associated with the issuance of a Use Permit; or
b. In new subdivisions where a common driveway is proposed as
part of subdivision approval.
2. BASIC CRITERIA. A common access driveway must meet all of the
following criteria:
a. The driveway must not be inappropriately located (for example,
too close to a dwelling, play area or sloped bank).
b. It must be determined that there is no significant potential
for conflict between the parties sharing the driveway because
of its location, length, grade, useage, or other characteristics.
c. The driveway must be justified for one of the following reasons:
1. it will minimize grading or prevent excessive driveway
slopes;
2. it will preserve significant existing vegetation;
3. it will clearly be safer than a standard driveway;
4. it will enable development of a lot which is excessively
narrow or is occupied by a structure that prevents access
to a portion of the lot which can reasonably be developed.
. CHAPTER 17.44
Page Twelve
3. FOR RESIDENTIAL USES. The following provisions apply to comon access
driveways to serve premises zoned or used for residential purposes:
before granting any permit authorizing construction of a common access
driveway or structures to be served by said driveway, the city shall
require an easement or covenant to be filed with the County Recorder
setting forth driveway useage rights and responsibilities for each
parcel served. At minimum, the required easement or covenant shall
include the following statements:
a. All affected property owners will be jointly responsible for the
improvement and maintenance of all parts of the common access
driveway;
b. All parking on the commonly used portions of the driveway is
prohibited;
c. Any affected property owner may avail himself of the vehicle -
removing authority granted private property owners in Section
22658 of the California Vehicle Code when any vehicle is parked
in the common access driveway so as to interfere with entry or
access to a parcel it serves.
d. Property owners agree to hold the city harmless from all claims
of damages or liability arising from any action to tow away vehicles
pursuant to subsection (3) immediately above.
e. If the easement or covenant is abandoned or dissolved, each lot
previously served by the common access driveway shall be provided
with standard access as required by these regulations.
1. the driveway shall serve no more than four residential
units unless special circumstances warrant the grant of
an exception by the Director.
2. The Director or Planning Commission may add other requirements
or conditions deemed necessary or appropriate.
3. The Community Development Department shall supply the Police
Department with copies of all easements or covenants.
4. FOR COMMERCIAL AND INDUSTRIAL USES. Before granting any permit
authorizing the construction of any common access driveway to serve
premises zoned or used for commercial or industrial purposes, the city
may impose the requirements listed above for residential uses as well
as any additional requirements or conditions it deems necessary or
appropriate, except that the city will not be responsible for towing
away a vehicle unless it blocks an access for emergency vehicles.
SECTION 17.44.040 LOADING FACILITIES
A. LOADING FACILITIES REQUIRED
For uses requiring regular deliveries of goods by truck, off- street
loading facilities for trucks shall be provided in accordance with
the regulations and standards prescribed in this Section.
.CHAPTER 17.44
Page Thirteen
Off- street loading berths in addition to those prescribed in this Section
shall be provided if the City Engineer finds that such additional berths
are necessary to assure that trucks will not be loaded, unloaded or stored
on public streets.
B. LOADING FACILITY STANDARDS
Off street loading facilities shall meet the following standards:
1. Each loading berth shall be not less than 25' in length and 12' in width
and shall have an overhead clearance of not less than 14'.
2. Sufficient room for turning and maneuvering vehicles shall be provided
on the site in order that it not be necessary for any vehicle to back
onto the site from the public street, or for trucks using them to
encroach into the public right -of -way or into required parking spaces
or aisles.
3. Each loading berth shall be accessible from a street or alley.
4. Entrances and exits shall be provided at locations approved by the
City Engineer.
5. The loading area, aisles and access drives shall be paved so as to
provide a durable, dustless surface and shall be so graded and drained
as to dispose of surface water.
6. Bumper rails or curbs shall be provided where needed for safety or
to protect property.
7. If the loading area is illuminated, lighting shall be deflected away
from abutting streets and residential sites so as to cause no
dangerous or annoying glare.
8. A loading area shall not be located in the required front, side or
rear yard in any district.
9. A loading area located outside of a building shall be screened from
public view by a 6' high solid wall, fence or mature hedge.
10. No repair work or serving of vehicles shall be conducted in a loading area.
SECTION 17.44.050 Exceptions.
The Community Development Director may grant exceptions to the limitations of this
Chapter subject to appropriate conditions and upon a finding that:
1. The exceptions will not constitute a grant of a special privilege
inconsistent with the driveway or parking limitations upon other
properties in the vicinity.
2. The exception will not adversely affect the health, safety or general
welfare of persons working or residing in the vicinity; and
3. The exception is reasonably necessary for the applicant's full enjoyment
of uses permitted upon his adjoining real property.
• •
ORDINANCE NO. 178
Chapter 17.44
Page Fourteen
PASSED AND ADOPTED by the City Council of the City of Morro
Bay at the regular meeting thereof held on this 23rd day of June,
1980 by the following roll call vote:
AYES: Councilmen Anderson, Lemons and Mayor Dorn
NOES: None
ABSENT: None
ATTEST:
DONALD F. GULUZZY ty Clerk
„,_
WARREN M. DORN, Mayor
• •
ORDINANCE NO. 177
AN ORDINANCE REPEALING CHAPTER 14.60 THROUGH
14.60.220 OF THE MORRO BAY MUNICIPAL CODE
AND SECTION 4300, THROUGH 4308 - PART III
OF ORDINANCE 15.
T H E C I T Y C O U N C I L
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as follows:
SECTION 1. Chapter 14.60 of the Morro Bay Municipal Code,
Section 14.60.010 through 14.60.220 - Part III of Ordinance 15
adopting said Chapter is hereby repealed.
SECTION 2. Chapter 14.60 entitled "Uniform Fire Code" is hereby
created as follows:
14.60.010 Adopted.
14.60.020 Bureau of Fire Prevention - established.
14.60.030 Bureau - Report.
14.60.040 Fire District - established.
14.60.050 Definitions.
14.60.060 Amendments generally.
14.60.070 Removing gasoline from underground tanks.
14.60.080 Smoking prohibited inside theaters.
14.60.090 Penalties for turning in false alarms.
14.60.100 Fire Zones.
14.60.110 Fire injury report.
14.60.120 Storage of gasoline driven vehicles.
14.60.130 Citation powers to enforce the fire code.
14.60.140 Authority to remove vehicles that are obstructing fire
:hydrants.
14.60.150 Obstructing of fire hydrants.
14.60.160 Access of roadways.
14.60.170 Establishment of fire lanes on private property.
14.60.180 Rescue access.
14.60.190 Water front protection.
14.60.200 Automatic fire extinguishing systems where required.
r 0 4
ORDINANCE NO. 177
Page 2
14.60.210 Spark arresters on chimneys.
14.60.220 Illuminate exits.
PASSED AND ADOPTED by the City Council of the City of Morro Bay
at the regular meeting thereof held on this 14th day of April, 1980
by the following roll call vote:
AYES: Councilmen Cantine, Harmon, Reasor, Rosenberg, and Mayor Shelton
NOES: None
ABSENT: None
ATTEST:
DONALD F. GULUZZY,
y Clerk
UG R. SHELTOL, Mayor
• •
CITY OF MORRO BAY
UNIFORM FIRE CODE
Ordinance Number 177
An ordinance amending portions of Chapter 14.60 of the Morro Bay
Municipal Code, to adopt the 1979 Edition of the Uniform Fire Code,
together with amendments and additions thereto; and repealing all
ordinances and parts of ordinances in conflict therewith. Be it
ordained by the Council of the City of Morro Bay as follows:
Chapter 14.60 through 14.60.220 are hereby amended to read as follows:
14.60.010 Adoption. There is hereby adopted by the Council for the
purpose of prescribing regulations governing conditions hazardous to
life and property from fire and explosion, that certain fire prevention
code known as the "Uniform Fire Code" recommended by the Western Fire
Chiefs' Association and the International Conference of Building Officials,
being particularly the 1979 Edition and the whole thereof including
appendices save and except such portions as we hereinafter modified in
Chapter 14.60 of the Morro Bay Municipal Code, of which not less than
three (3) copies have been and are now filed in the office of the City
Clerk of the City of Morro Bay, all certified as true copies by the City
Clerk, and the same are hereby adopted and incorporated as fully as if
set out at length herein, and from the date on which this chapter shall
take effect the provisions thereof shall supercede the Uniform Fire Code
heretofore adopted by the City of Morro Bay and shall be controlling
within the limits of the City of Morro Bay.
14.60.020 Bureau of Fire Prevention Established. The Fire Prevention
Code shall be enforced by the fire department or building department of
the City of Morro Bay which is hereby established and which shall be
operated under the supervision of the chief of the fire department.
(1)
• •
14.60.030 Bureau - Report. A report of the bureau of fire prevention
shall be made annually and transmitted to the City Council. It shall
contain all proceedings under this code, with such statistics as the
chief of the fire department may wish to include therein. The chief
of the fire department shall also recommend any amendments to the
code which, in his judgment, are desirable. (Ord. 76 2 (part), 1969:
prior code 10101 (4)).
14.60.040 Fire District Established. The entire incorporated area
of the city of Morro Bay is declared to be and is hereby established
a fire district. (Ord. 76 2 (part), 1969: prior code 10200).
14.60.050 Definitions.
A. Wherever the word "municipality" is used in the Uniform
Fire Code, it means the City of Morro Bay.
B. Wherever the term "corporation counsel" is used in the
Uniform Fire Code, it means the city attorney.
C. Wherever the words ",chief of the bureau of fire prevention"
are used in the Uniform Fire Code, they mean the fire marshal.
(Ord. 76 2 (part), 1967: prior code 10102).
14.60.060 Amendments Generally. The provisions of the Uniform Fire
Code, hereinafter referred to as U.F.C., 1979 Edition are amended and
changed in the following sections.
14.60.070 Removing Gasoline from Underground Gas Tanks.
No gasoline shall be removed from underground gas tanks except through
approved gasoline dispensers. Power take off pumps or approved
portable pumps designed to be used with gasoline are the only types
that may be used. Permits for gasoline pumpouts shall be obtained
from the fire department prior to starting the pumpouts.
14.60.080 Smoking Prohibited Inside Theaters. Add: It shall be
unlawful for any person or persons to smoke inside any public theater
or movie house.
(2)
14.60.090 Penalties for Turning in False Alarms. Individuals respons-
ible for turning in false alarms shall be responsible for the cost the
fire department incurs while responding to the fire alarm. The cost
for the alarm shall not exceed $100.00. 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 of Morro Bay shall pay the cost of
fighting that respective fire.
14.60.100 Regulations Governing Construction Within Fire Zones.
Construction of all new buildings or structures and any additions or
improvements to existing buildings or structures shall comply with
the regulations set forth in this municipal code. (Ord. 76 2 (part),
1969: prior code 10202).
14.60.110 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
24 hours, report such treatment and pertinent information to the fire
department.
14.60.120 Storage of Gasoline Driven Vehicles. No one shall store,
repair or use any motor cycle, 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.
14.60.130 Citation Powers. Section 1.205 U.F.C. is amended to read
as follows: The fire chief and full time 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 830.3(1) and shall have
the authority to issue citations as provided in Sections 14.60.010
through 14.60.220 of the Morro Bay Municipal Code.
(3)
• •
14.60.140 Parking in Front of Fire Hydrants. Section 10.104 U.F.C.
is added: The chief and his authorized representatives shall have the
power and authority to remove or cause to be removed, without notice,
any vehicle, vessel, or thing parked or placed in violation of
Section 10.206 U.F.C.. The owner of any items so removed shall be
responsible for all towing, storage, and other charges connected
therewith.
14.60.150 Obstructing Fire Hydrants. Section 10.206 U.F.C. is amended
to read:
1. No person shall place or keep any post, fence, growth,
trash or other material or thing near any fire hydrant that would
prevent such hydrant from being immediately discernible or in any
manner deter or hinder the fire department from gaining immediate
access to a fire hydrant.
2. Fire hydrants on private property shall have no- parking
curb, berm or stripe at least eight (8) inches wide and fifteen (15)
feet long. Readily legible, permanent, all- weather signs shall be
conspicuously posted with a minimum lettering of two (2) inches by
one - quarter (1/4) inch to read: "Vehicles in red no- parking zones
will be towed away at owner's expense. 22658 V.C., Police Department
772 -2225, Fire Department 772- 2737 ".
14.60.160 Access of Roadways. Section 10.207 (a) U.F.C. is amended
to read: Every building hereafter constructed shall be accessible
to fire department apparatus by way of access roadways with all- weather
driving surface of not less than twenty (20) feet of unobstructed
width, and corners or curves shall not have less than a forty -six (46)
foot outside radius or a twenty -eight (28)foot inside radius. The
access roadway shall be capable of supporting the imposed loads of
fire apparatus and having a minimum fourteen (14) feet of vertical
clearance. Where the access roadway cannot be provided, approved fire
protection systems shall be provided as required by the fire department.
(4)
• •
14.60.160 (continued) The requirements of this section may be
modified when, in the opinion of the fire chief, firefighting or
rescue operations would not be impaired.
14.60.170 Posting of Fire Lanes. Section 10.209 (f) U.F.C. is added
to read: The owner or individual in control of emergency access
roadways and streets in private developments shall conspicuously post
legible permanent all-weather signs with a minimum lettering of two (2)
inches by one - quarter (1/4) inch stroke at locations as required by
the fire department to comply with the access provisions of U.F.C.
Section 10.207(a). Signs are to read: "No Parking - Fire Lane.
Vehicles in no- parking zones may be towed away at owner's expense.
10.104 U.F.C. Police Department 772 -2225, Fire Department 772 - 2737 ".
14.60.180 Rescue Access. Section 209 U.F.C. is added: General. All
buildings, except single family dwellings, which are beyond the height
of fire department ladders (thirty -five (35) feet) shall be designed
so that all windows and doors required for egress or rescue of occupants
can be easily reached with 35 -foot extension ladders carried on fire
department pumpers.
14.60.190 Water Front Protection. Section 10.301 (f) U.F.C. is added
to read: All premises where piers, wharfs, fuel docks, docks and
similar boat mooring facilities are located: access to such premises
shall be provided, conforming to U.F.C. Section 10.207 with Morro Bay
standard fire hydrants or other fire protection equipment or systems
provided at locations as may be required by the fire chief, and
connected to a water system capable of supplying the fire flow
required by the chief.
14.60.200 Automatic Fire Extinguishing Systems. Section 10.309(b)
U.F.C. is amended to read:
1. Standard automatic fire extinguishing systems shall be
installed and maintained in operable condition as specified in this
chapter in the following locations: buildings that exceed thirty -five
(35) feet in height, or ten thousand (10,000) square feet per floor,
regardless of area or fire separations, shall be protected throughout
(5)
•
14.60.200 (continued)
with automatic fire sprinklers as approved by the fire department.
2. Where it is impractical to provide required fire flows
for a development, the building or buildings shall be protected
throughout with automatic fire sprinklers.
14.60.210 Spark Arresters. Section 11.111 U.F.C. is amended to
read: Each chimney used in conjunction with any fireplace, barbecue, ..
incinerator, or any heating appliance in which solid fuel is used,
upon any building, structure or premises, shall be maintained with a
spark arrester constructed with heavy wire mesh or other non - combustible
material as approved by the fire department. Chimneys which are
non - conforming to this section shall be made to conform prior to
July 1, 1985.
14.60.220 Exits. Section 12.103(e) U.F.C. is amended to read:
No person shall place, store or keep, or permit to be placed, stored
or kept, any materials the presence or burning of which would obstruct
or render hazardous an exit.
1. At every required exit, except dwellings, and wherever
otherwise required to clearly indicate the direction of egress, an exit
sign with plainly legible letters at least six (6) inches high by
three - quarters (3/4) inch stroke shall be provided and maintained.
2. Exit signs shall be illuminated when, in the opinion of
the fire chief, there is not sufficient lighting inside a building
for occupants to see the exit sign.
(6)
UNIFORM FIRE CODE
JUSTIFICATIONS
14.60.010 Same as existing code.
14.60.020 Same as existing code with exception that the words
"Building Department" have been added.
14.60.030 Same as existing code.
14.60.040 Same as existing code.
14.60.050 Same as existing code.
14.60.060 Same as existing code.
14.60.070 Due to the large numbers of service stations being
abandoned, much pumping of flammable liquids from
tanks is being done. This ammendment requires that
only proper types of pumping operations be done,
and the Fire Department notified of where and when
such potentially hazardous operations are taking
place and what safety measures must be taken.
Specifically designed to eliminate use of lawnmower
type engines.
14.60.080 Adopted by most communities due to the potential of
fires in light combustibles in furnishings or clothing
of patrons. Past records indicate there has been some
tragic theater fires. It is dark and a fire could get
out of control before someone would notice it.
14.60.090 Those who turn in false alarms or intentionally set
fires should be required to pay the cost of suppressing
that particular fire.
14.60.100
14.60.110
14.60.120
Same as existing code.
In order to access
it is important we
People are storing
apartments, motels
these vehicles can
our fire protection capabilities,
have accurate records.
motorcycles and mopeds inside
and homes. Leaking gasoline from
easily cause a tragedy.
14.60.130 Citations would only be issued rarely, perhaps once or
twice a year. The vast majority of the people volun-
tarily comply. However, there are always a few who
refuse to comply. The code, as presently set up, requires
that we go through City Attorney, and he, ultimately,
ends up citing the individuals into court. This sometimes
causes delay and is time consuming. Citations would
only be issued as a last resort, and only after discussing
the matter with the City Administrator.
14.60.140 This refers to
inhibit access
14.60.150 Needed to make
obstructed.
14.60.160
the blocking of fire lanes, which could
to emergency vehicles.
sure that hydrants are visible and not
Same as existing code.
(1)
a••
JUSTIFICATIONS (continued)
14.60.170 Fire lanes must be properly posted with signs before
cars can legally be towed away.
14.60.180 Needed for life safety, since we don't have a ladder
truck.
14.60.190 Needed for adequate fire protection along the water front.
14.60.200 (1) Buildings that are beyond the reach of fire depart-
ment ladders, or of very large square footage,
should be required to build in fire protection.
(2) Sometimes there are no water mains anywhere near
the development. Therefore, if water is not
available, the sprinkler system would be ineffective.
14.60.210 This would eliminate the hazard of having sparks from
chimneys land on wood shingle roofs.
14.60.220
(1) The building code and fire code says that where
the occupant load is less than 50, you are not
required to have an exit sign. Many drinking and
eating establishments with an occupant load of 30
or 40 should have exit signs.
(2) Many buildings not now covered by present codes
are dark and should have exit signs that are
illuminated.
(2)
r
1
1
•
EXPRESS FINDING
CITY COUNCIL
CITY OF MORRO BAY, CALIFORNIA
The City of Morro Bay has determined that it is necessary
to adopt the 1979 Edition of the Uniform Fire Code with amend-
ments that would be different from Title 25, State Housing
regulations.
The need to be more restrictive than State Housing
regulations is because:
1. We are a small fire department with only three
firefighters on duty. "
2. We have no fire department ladder truck. The tallest
fire department ladder reaches a maximum 35 feet in height.
3. The response distance from the fire station to the
north end of town is 4 miles, which takes approximately 8 to
10 minutes. This makes it essential that we have early warning
smoke detectors in all buildings.
4. Water mains in many areas of the community are of
insufficient size to combat large fires. The City of Morro Bay
has about 25,000 feet of 2 -inch water mains.
5. Because of the small size of the fire department and the
deficient water system, our ability to cope with fires in buildings
over 10,000 square feet is severely restricted. For the protection
and well being of the general public, all buildings over 10,000
square feet must be protected with automatic fire sprinklers.
Donald F. Guluzzy, Ciliq'Administrator
City of Morro Bay
Date: o—fr . a /4 /1,0
Page 32:
Page 33:
Page 39:
Page 44:
Page 67:
Page 68:
Page 74:
Page 76:
• 4
FIRE CODE CHANGES BETWEEN 1967 AND 1979
Section 2.30 - The fire department can require test data
to prove that alternate methods provide at least equal
protection.
Section 2.303 - Adoption of N.F.P.A. and U.B.C. Standards
for various protection systems.
Section 4.101 - Stipulates what activities & occupancies
require permits from fire department.
Article 9 - More explicit and understandable definitions.
Section 10.207 - Requires access roadways for fire apparatus.
Section 10.208 - Requires street numbers on buildings.
Section 10.301 C - Defines requirements for water supplies
and fire flows.
Section 10.310 - Changes requirements for fire department
standpipe hose inside of buildings.
Section 10.313 - Requires automatic fire extinguishing
equipment over cooking surfaces in kitchens of restaurants
and other commercial establishments.
Page 78: Section 10.401 - Maintenance, repair and restoration of fire
resistive walls and partitions, etc.
Page 81: Section 11.201 B - Requires metal trash cans rather than
plastic trash cans.
Page 85: Section 11.415 - Requires gas meters to be protected from
vehicular damage.
Page 100: Section 25.103 - Requires that all decorative material
inside places of public assembly shall be fire retardant
treated.
Page 133:
Page 172:
Section 45.208 - Requires that paint spray booths shall
have automatic fire extinguishing equipment.
Section 74.101 - Requires protection and sets requirements
for nonflammable medical gases, such as oxygen and nitrous
oxide.
Page 173: Section 74.108x- Regulations for nonflammable medical gas
installations and use.
Page 180: Section 75.101 - Cryogenic substance regulations.
Pages 228
and 229:
Section 79.402 - Limits the amount of flammable liquids
permitted inside of commercial and industrial occupancies.
Page 304: Appendix F - Requires fire protection at marinas, piers
and docks.
Page 306: Appendix G - Sets down test procedures for fire extinguishing
systems.
6
ORDINANCE NO: 176
AN ORDINANCE AMENDING THE MORRO BAY MUNICIPAL CODE
BY ADDING A NEW CHAPTER 17.58 ENTITLED PROPERTY
MAINTENANCE REGULATIONS AND DELETING AND REPLACING
CHAPTER 17.20 WITH A NEW CHAPTER 17.61 ENTITLED
ENFORCEMENT, TO READ AS FOLLOWS:
CHAPTER 17.58
PROPERTY MAINTENANCE REGULATIONS
SECTION 17.58.010 Purpose and Intent
A. The purpose and intent of these regulations are as follows:
1. To define as public nuisances and violations of the Morro Bay Municipal
Code those conditions which are considered harmful and /or deleterious
to the public health, safety, and welfare of the citizens of Morro Bay.
2. To develop regulations that will promote the sound maintenance of property
and the enhancement of the liveability, community appearance, and the social,
economic, and environmental conditions of the community.
3. To establish guidelines for the correction of property maintenance
violations and nuisances that afford due process and procedural guarantees
to affected property owners.
SECTION 17.58.020 Property Maintenance Regulations
A. It shall be unlawful for any person owning, leasing, occupying, or having
charge or possession of any premises of the city to maintain such premises
in such a manner that any of the following conditions are found to exist
thereon:
1. Land having a topography, geology, or configuration which, as a result
of grading operations or improvements to said land causes erosion,
subsidence, unstable soil conditions, or surface or subsurface drainage
problems as to pose a threat to or be injurious to adjacent properties.
2. Buildings which are abandoned, boarded up, partially destroyed, or left
unreasonably in a state of partial construction.
3. Unpainted buildings or buildings with peeling paint in such a condition
as to:
a. cause dry rot, warping, and termite infestation, or
b. constitute an unsightly appearance that detracts from the
aesthetic or property values of neighboring properties.
ORDINANCE NO. 176 i
Page Two
•
4. Broken windows constituting hazardous conditions and /or inviting
trespassers and malicious mischief.
5. Overgrown vegetation that is likely to harbor rats, vermin and other
similar nuisances, or that is unsightly and otherwise detrimental to
the aesthetic or property values of neighboring properties.
6. Dead, decayed, or diseased trees, weeds, and other vegetation which:
a. constitutes a fire hazard or a condition considered dangerous
to the public health, safety, and general welfare, or
b. constitute an unsightly appearance or otherwise detract from
the aesthetic and property values of neighboring properties.
7. The use of trailers, campers, boats, and other similar vehicles
or other equipment used for sleeping or cooking purposes in areas where
such use is not permitted.
8. Abandoned, wrecked, dismantled, or inoperative trailers, campers,
boats, and other motor vehicles which are accumulated or stored in
yard areas for a period in excess of two weeks.
9. Parking of vehicles on public rights -of -way for periods in excess of
72 hours.
10. Parking or storage of heavy commercial or construction vehicles or
equipment in public rights -of -way or in yard areas of properties within
residential areas of the city.
11. Performance of mechanical work on motor vehicles on public rights -of -way
or performance of such work in yard areas of residential properties so
as to be visible from public rights -of -way or neighboring properties for
periods in excess of three weeks.
12. Broken or discarded furniture, appliances, and other household equipment
stored in yard areas for periods exceeding one week.
13. Conditions which may prove detrimental or dangerous to children, whether
in a building, on the premises of a building, or on an unoccupied lot,
in the form of:
a. abandoned and broken equipment;
b. abandoned wells, shafts, or basements;
c. hazardous or unprotected pools, ponds, excavations;
d. structurally unsound fences or structures;
e. neglected machinery;
f. lumber, trash, fences or debris which may prove a hazard for
inquisitive minors.
ORDINANCE NO. 176
'Page Three
•
14. Packing boxes, lumber, trash, dirt and other debris stored in yards
for unreasonable periods in areas visible from public property or
neighboring properties.
15. Unscreened trash cans, bins, or containers stored for unreasonable
periods in areas visible from public property.
16. The accumulation of dirt, litter, or debris in vestibules, doorways
or the adjoining sidewalks of commercial or industrial buildings.
17. The disposal of oil, gasoline, other petroleum products, noxious
chemicals, pesticides, or any gaseous, liquid, or solid wastes in such
a manner as to:
a. constitute a condition considered injurious to the public
health, safety and welfare;
b. cause pollution of the land, water, or air in the city;
c. degrade the appearance of or detract from the aesthetic and
property values of neighboring properties.
18. Property or structures maintained in such a condition as to block or
obstruct the flow of flood waters in natural or man -made drainage
channels so that such obstruction could be expected to cause damage to
said property or surrounding properties that would not otherwise occur.
19. Premises maintained in such a condition as to obscure the visibility
of public street intersections to such a degree as to constitute a
public hazard.
20. Maintenance or use of premises which, by reason of noise, dust, odor or
other effects caused by the use of said premises diminish the livability,
enjoyment, use and property values of neighboring properties.
21. The maintenance of signs or sign structures relating to uses no longer
conducted or products no longer sold on vacant commercial, industrial,
or institutional buildings.
22. The maintenance of signs in a deteriorated condition.
23. Property maintained in such a condition as to be detrimental to the
public health, safety, or general welfare or in such a manner as to
constitute a public nuisance as defined in Civil Code 3480.
24. Property and building, or portions thereof, maintained in such a
condition as to become so defective and unsightly, or in such a condition
of deterioration or disrepair as to diminish the enjoyment, use, or
property values of surrounding properties.
25. Neglect of premises to spite neighbors, influence zone changes, or to
purposely cause detrimental effect upon nearby property values.
' ORDINANCE NO. 176 0
Page Four
•
26. Any condition recognized in law or equity as constituting a public
nuisance.
27. Any condition in violation of the provisions of the Morro Bay Municipal
Code.
28. Lights, lighted signs, or other devises that direct or reflect glare so
as to be visible from any boundary line of property on which the source
of light or glare is produced.
SECTION 17.58.020 Enforcement Guidelines
The correction of property maintenance violations shall be pursued by the Code
Enforcement Official through the use of citations or the institution of nuisance
abatement proceedings pursuant to Chapter 17.61 of this Title consistent with
such rules, guidelines, and regulations pertaining to the enforcement of this
Chapter.
The Code Enforcement Official shall promulgate rules, guidelines, or regulations
pertaining to the enforcement and implementation of this Chapter which shall
become effective upon their approval by City Council resolution, and which shall be
reviewed by the City Council in January of each year for their fairness and effec-
tiveness.
Nothing herein shall prevent city officials who possess the proper authority from
taking such temporary actions in emergency situations as is, in their judgment,
within the spirit and intent of this Chapter and any adopted enforcement guidelines
therefor.
CHAPTER 17.61
ENFORCEMENT
SECTION 17.61.010 Enforcement: Purpose and Intent
A. The purposes and intent of this section are as follows:
1. To establish procedures for the enforcement of this provisions of
this title.
2. To establish remedies to correct violations of this code.
3. To establish procedures for the abatement of nuisances as a reasonable
exercise of police powers.
4. To assure due process of law and provide procedural guarantees to property
owners affected by the enforcement of this code.
SECTION 17.61.020 Enforcement: Code Enforcement Officer
A. For the purposes of this code, the Community Development Director shall be
designated as the Code Enforcement Officer who shall have the following
responsibilities and authority:
1. To administer and enforce all provisions of this Title.
2. To discuss the provisions of this Title in order to secure voluntary
compliance with its provisions.
3. To issue citations for violations of this Title.
4. To initiate all necessary proceedings to revoke approvals and
entitlements granted under this Title.
5. To initiate all necessary proceedings forfeit bond or cash
deposits.
6. To initiate all necessary proceedings to abate nuisances in the manner
set forth in this Title.
7. To promulgate and enforce such written rules, guidelines or other
regulations as may be necessary to administer and enforce the provisions
of this Title.
8. To develop an annual program for the systematic enforcement of the
provisions of this Title.
B. The Code Enforcement's official shall also have such powers as follows:
1. With the approval of the City Administrator, to delegate the responsi-
bilities and powers to enforce a specific provision of this Title or
to correct one or more specific violations of this Title to another city
department or official.
2. To require the Chief of Police and any and all officers of the city
otherwise charged by law with the enforcement of this Title and any and
all of its provisions to render assistance in the enforcement of any and
all of the provisions of this Title.
ORDINANCE NO. 176
'Page Two
Enforcement
• •
SECTION 17.61.030 Enforcement: Violation
A. Authority to correct violations
The Code Enforcement Official shall seek the correction of any violation(s) of
any provision of this Title through the use of the citation procedure or
the Nuisance Abatement Procedures or both such procedures as set forth in
this Chapter.
B. Penalty for violation
Any person who violates any provisions of this Title shall be deemed guilty
of a misdemeanor and upon conviction thereof, shall be punished by a fine not
exceeding $500 or by imprisonment in jail for a period not exceeding six
months, or by both such fine and imprisonment.
The imposition of one penalty shall not excuse the violation(s) or permit
said violation(s) to continue.
Any person who violates any provisions of this Title shall be required to
correct or remedy such violations within a reasonable period of time.
When not otherwise specified, each ten (10) days that conditions in
violation of this Title are maintained, this shall constitute a separate
offense.
SECTION 17.61.040 Enforcement: Right of Entry
A. Whenever necessary to make an inspection to enforce any of the provisions of
this code, or whenever the Code Enforcement Official or his authorized
representative has reasonable cause to believe that there exists in any
building or upon any premises any condition in violation of this code, the
Code Enforcement Official, or his duly authorized representatives may enter
said premises at all reasonable times to perform any duty imposed upon him
by this Code, provided that:
1. If premises are private and occupied, the official shall present
proper credentials, state the reasons for entry, and request entry,
and if entry is not granted a court order shall be secured.
2. If premises are unoccupied, the official shall make a reasonable effort
to locate the owner or other persons having charge or control of said
premises, inform the owner of the reasons for entry, and demand entry.
3. The official shall not be allowed to enter any occupied dwelling in the
absence of the occupants without a proper written order executed and
issued by a court having jurisdiction to issue the order.
4. The official shall not be allowed to enter any dwelling between the
hours of 6:00 P.M. and 8:00 A.M. without the consent of the owner or
occupants of said dwelling.
ORDINANCE NO. 176
Page Three
Enforcement
• •
B. If entry allowed under the provisions of this section is refused, the
Code Enforcement Official or his authorized representative shall have
recourse to every remedy provided by law to secure entry.
SECTION 17.61.050 Enforcement: Service of Notice Requirements
A. Whenever it is necessary in this Chapter to notify owners, permittees,
occupants, or persons, said notice shall be served in the following manner:
1. Service of the notice or order shall be made upon all persons
entitled thereto either personally or by mailing a copy of such
notice or order by certified mail, postage prepaid, return receipt
requested.
2. Said notice or order shall be served to the recorded owner of the
premises at his address as it appears on the last equalized assessment
roll of the County of San Luis Obispo or as known to the Code Enforce-
ment Official and to any other person entitled to notice at his
address as known to the Code Enforcement Official.
3. Proof of service of the notice or order shall be certified to 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 acknowledgement of receipt by certified mail shall be
affixed to the copy of the notice or order retained by the Code Enforce-
ment Official.
4. Failure of any owner or other person to receive such notice or order
served in the manner specified herein shall not affect in any manner
the validity of any proceedings taken hereunder.
SECTION 17.61.060 Enforcement: Hearings
Whenever it is necessary under this Chapter to conduct a hearing to consider
any revocation of approval, forfeiture of bond, or nuisance abatement, the
hearing board is to hear sworn testimony and consider other evidence
concerning the conditions constituting cause to revoke approval, to forfeit
bond, or to abate a nuisance. Respondents may be present at such hearing,
may be represented by counsel, may present testimony, and cross examine
witnesses. The hearing need not be conducted according to technical rules
relating to evidence and witnesses and may be continued from time to time.
After the conclusion of the hearing, the hearing board is to deliberate upon
the evidence and make findings upon such evidence to support any action to
the hearing board to revoke approval, forfeit bond, or abate a nuisance.
SECTION 17.61.070 Enforcement: Citations
A. Authority to issue citations
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Enforcement
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The Code Enforcement Official may issue a citation to any person suspected
of a violation of any of the provisions of this Title.
B. Notice of violation
Upon determining that a violation of this Title exists, the Code Enforce-
ment Official shall issue a notice and order to the owner as well as the
occupant of the premises. The notice and order shall contain:
1. The street address and a legal description sufficient to identify
the premises on which a violation is found to exist.
2. A statement that the Code Enforcement Official has found a violation
to exist on said premises, and a description of the conditions in
violation of this Title and the means to correct such violation(s).
3. An order to secure permits if necessary and to commence and complete
work to correct the violation(s) within a specified period of time.
4. A statement advising that if the required correction or elimination
of condition(s) in violation is not commenced and completed within
the specified time, the Code Enforcement Official shall either:
a. cite the owner for violation of a specific provision or
provisions of this Title;
b. institute proceedings for the abatement of the conditions
as a nuisance before the City Council under Section 17.60.100 of
this Title;
c. take both such actions to cite and institute nuisance
abatement proceedings.
C. Failure to correct violations
If the owner or occupant of the premises fails to correct the violation(s)
within the time specified in the Notice of Violation, the Code Enforcement
Official shall issue a citation to said owner or occupant for violation of
a specific provision or provisions of this Title.
SECTION 17.61.080 Enforcement: Revocation of Entitlement
A. Revocation of approval
The Code Enforcement Officer may initiate proceedings to revoke approval of
any Variance, Use Permit, Business License, Certificate of Occupancy,
Encroachment Permit, Grading Permit, Building Permit, Subdivision, or any
other permit, entitlement, or approval granted pursuant to this Title,
in any case where satisfactory evidence has been submitted to said Officer
that either of the following exists:
1. The development has been carried out in a manner which violates
any provisions of this Title; or
ORDINANCE NO. 176
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Enforcement
• •
2. Condition or conditions of approval have not been complied with.
B. Hearing on Revocation
1. Prior to revocation of any permit or entitlement, the Planning Commission
shall hold a hearing thereon after the permittee has been notified of
intention to revoke at least ten (10) days prior to said hearing by the
Code Enforcement Official. Such notice is to contain the following:
a. a heading reading: "IMPORTANT....NOTICE OF REVOCATION HEARING."
b. The provisions and /or conditions violated and the means to
correct such violation(s).
c. the date and place of the revocation hearing.
2. If grounds for revocation have been established at the hearing, the
hearing body may allow the permittee additional time to correct the
violation or non - compliance, may modify the conditions of approval
based on new evidence, or may revoke the approval.
C. Appeal
The permittee may appeal the revocation to the City Council by filing a
written appeal with the City Clerk within ten (10) days following action by
the Planning Commission. Upon appeal, the revocation does not take
effect until sustained by the City Council. If there is no appeal, revo-
cation shall take effect when the appeal period expires.
D. Effect of Revocation
When any entitlement has been revoked under this Section, no further develop-
ment or use of the property to which the entitlement applied may be undertaken
except pursuant to approval of a new application.
SECTION 17.61.090 Enforcement: Forfeiture of Bond
The Code Enforcement Official may initiate procedures to forfeit all or a
portion of a bond or cash deposit. Prior to causing all or a portion of a
bond or cash deposit to be released or forfeited to the city, the City Council
shall hold a hearing thereon at least ten (10) days after the permittee has
been notified of the forfeiture hearing by the Code Enforcement Official.
Said hearing shall take place in the manner specified in Section 17.61.060
of this Chpater. After the hearing, the City Council may cause all or a
portion of such bond or cash deposit to be released or forfeited to the city.
SECTION 17.61.100 Enforcement: Nuisance Abatement
A. Abatement of Nuisance
ORDINANCE NO. 176
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Enforcement
• •
All or part of any real property, or any building or structure thereon,
found to be in violation of this Title may be abated by rehabilitation,
repair, demolition, or removal pursuant to the procedures set forth herein.
B. First Notice: Finding of Nuisance
Whenever the Code Enforcement Official finds that any premises within the
city are being maintained contrary to one or more of the provisions of this
Title, said official shall issue a written notice and order served in the
manner specified in Section 17.61.050to the recorded owner of said premises
consisting of:
1. The street address and a legal description sufficient of identify
the premises on which a condition constituting a nuisance is found
to exist.
2. A statement that the Code Enforcement Official has found a nuisance to
exist on said premises, and a description of the conditions in
violation of this Title and the means to correct such violation(s).
3. An order to secure permits if necessary and to commence and complete
work to correct the condition(s) within a specified period of time.
4. A statement advising that if the required correction or elimination
of condition(s) constituting a nuisance is not commenced and completed
within the specified time, the Code Enforcement Official shall institute
formal proceedings for the abatement of a nuisance.
C. Second Notice: Hearing to Abate Nuisance
1. In the event said owner shall fail, neglect, or refuse to comply with
the first notice to correct the violation, a hearing to be conducted
by the Code Enforcement Official shall be scheduled to ascertain whether
said violation constitutes a public nuisance, the abatement of which
is appropriate under the police powers of the city.
2. Notice of said hearing shall be of the form prescribed in this section,
and shall be served upon the owner of the premises and a copy thereof
conspicuously posted on the affected premises not less than ten (10)
days before the time fixed for said hearing.
a. service shall be by personal service upon the owner of said
premises as such owner's name and address appears on the last
equalized assessment roll if (s)he is found within the city
limits, or by mailing a copy of said notice. Said mail shall be
registered or certified and addressed to said owner at his last
known address and if there is no such address, then said mail shall
be sent to the property address. The service shall be deemed
complete at time of deposit in the mail. The failure of any person
to receive such notice shall not affect the validity of any proceeding
hereunder.
ORDINANCE NO. 176
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Enforcement
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b. The form of the notice of the hearing to abate the nuisance shall
be as follows:
This notice of said hearing before the City Code Enforcement
Official shall conduct a public hearing to ascertain whether
certain premises situated in the City of Morro Bay, State of
California, known and designated as , in said
city, and more particularly described as
constitute a public nuisance subject to abatement by the rehabili-
tation of such premises or by the repair or demolition of buildings
or structures situated thereon. If said premises, in whole or part,
are found to constitute a public nuisance as defined in this Section
and if the same are not promptly abated by the owner, such nuisances
may be abated by municipal authorities, in which case the cost of
such rehabilitation, repair, or demolition will be assessed upon
such premises and such cost will constitute a lien upon such land until
paid.
Such alleged violations consist of the following:
The methods of abatement available are:
All persons having an interest in said matters may attend said
hearing when their testimony and evidence will be heard and given
due consideration.
RITE : This
day of , 19
COMMUNITY DEVELOPMENT D IR ECTCR
D. Hearing by Code Enforcement Official
At the time stated in the Notice to Abate, the Code Enforcement Official
shall hear and consider all relevant evidence, objections or protests,
and shall receive testimony from owners, witnesses, city personnel,
affected neighbors, and interested persons relative to such alleged
public nuisance and to proposed rehabilitation, repair, demolition, or
removal of said nuisance.
E. Preparation and Service of Order to Abate
If, as a result of the hearing, the Code Enforcement Official finds that
a public nuisance exists and that there is sufficient cause to warrant
abatement of said nuisance, (s)he shall prepare an Order to Abate
containing:
1. A statement deeming the violation a public nuisance under
this code.
'ORDINANCE NO. 176
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Enforcement
• •
2. A summary of findings of fact, conclusions, and recommendations
with respect to abatement.
3. A list of needed corrections and abatement methods.
4. The time limit within which the nuisance must be abated at the
owner's expense.
The Code Enforcement Official shall serve the Order to Abate upon the
owners of the premises in accordance with the notification provisions of
Section 17.61.020.
Any property owner shall have the right to have any such premises rehabili-
tated or to have such buildings or structures demolished or repaired in
accordance with the Order to Abate at his own expense provided that same
is done prior to the expiration of the abatement period set forth in said
order.
Upon abatement in full by owner, then proceedings hereunder shall terminate.
F. Appeal Procedure
1. Any person entitled to service under this section may appeal the
decision of the Code Enforcement Official to the City Council by
filing a written, dated appeal of said decision with the City Clerk
within ten (10) days of service of an Order to Abate.
Said appeal shall contain:
a. names of all appellants participating in the appeal;
b. a brief statement setting forth the legal interest of each
of the appellants in the premises involved in the notice and
Order to Abate;
c. a clear, concise statement of the action or order under appeal,
together with any material facts supporting the contention of
the appellant;
d. the signatures of all parties named as appellants, and their
official mailing addresses;
e. the verification of at least one appellant as to the truth of
the matters stated in the appeal.
2. As soon as practicable after receiving the written appeal, the City
Clerk shall set a date for hearing of the appeal by the City Council
which date shall be not less than seven (7) days nor more than thirty
(30) days from the date the appeal was filed. Written notice of the
time and place of the hearing shall be given at least five (5) days
prior to the date of the hearing to each appellant by the City Clerk
either by causing a copy of such notice to be delivered to the
appellant personally or by mailing copy thereof, postage prepaid,
addressed to the appellant at his address shown on the appeal. Contin-
ORDINANCE NO. 176
'Page Nine
Enforcement
• •J
uances of the hearing may be granted by the City Council on motion of
either party for good cause shown, or on the City Council's own motion.
3. Upon the conclusion of the hearing on such appeal, the City Council,
shall, by resolution either:
a. terminate the proceedings;
b. confirm the action and decision of the Code Enforcement Official; or
c. modify such decision based upon evidence adduced at said hearing.
In the case of alternative 1 or 2, the resolution shall declare such
premises to be a public nuisance, and order the abatement of the same
within thirty (30) days by having such premises, buildings or structures
rehabilitated, repaired or demolished in the manner and means
specifically set forth in said resolution.
G. Abatement by City
If such nuisance is not completely abated as directed by the owner within
said thirty (30) day period then the City Council may direct the Admini-
strative Office to cause the same to be abated by city forces or private
contract and the Administrative Officer is expressly authorized to enter
upon said premises for such purposes.
H. Cost Accounting and Notification
The Administrative Officer shall keep an account of the cost (including
incidental expenses) of abating such nuisance on each separate lot, or
parcel of land where the work is done and shall render an itemized report
in writing to the said City Council showing the cost of abatement and the
rehabilitating, demolishing, or repairing of said premises, buildings,
or structures, including any salvage value relating thereto; provided,
that before said report is submitted to said City Council, a copy of the
same shall be posted for at least five (5) days upon such premises,
together with a notice of the time when said report shall be heard by
the City Council for confirmation. A copy of said report and notice shall
be served upon the owners of said property, in accordance with the provi-
sions of Section 17.16.050 at least five (5) days prior to submitting the
same to the City Council. Proof of said posting and service shall be
made by affidavit filed with the City Clerk. The term "incidental
expenses" shall include, but not be limited to, the actual expenses and
costs of the city in preparation of notices, specifications and contracts,
and in inspecting the work, and the costs of printing and mailing required
hereunder.
I. Assessment Lien
1. The total cost for abating such nuisance, as so confirmed by the City
Council, shall constitute a special assessment against the respective
lot or parcel of land to which it relates, and upon recordation in the
office of the County Recorder of a Notice of Lien, as so made and confirmed,
shall constitute a lien on said property for the amount of such assessment.
• •
ORDINANCE NO. 1 76
Page Ten
Enforcement
a. after such confirmation and recordation, a copy may be turned over
to the tax collector for the city, whereupon it shall be the
duty of said tax collector to add the amounts of the respective
assessments to the next regular tax bills levied against said
respective lots and parcels of land for municipal purposes, and
thereafter said amounts 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 the same procedure
under foreclosure and sale in case of delinquency as provided for
ordinary municipal taxes; or
b. after such recordation, such lien may be foreclosed by judicial
or other sale in the manner and means provided by law.
c. such Notice of Lien for recordation shall be in the form substan-
tially as follows:
NOTICE OF LIEN
(Claim of City of Morro Bay)
Pursuant to the authority bested by the provision of Section
8.12.090 of the Morro Bay Municipal Code, the Administrative Office
of the City of Morro Bay did on or about the day of , 19
cause the premises hereinafter described to be rehabilitated or the
building or structure on the property hereinafter described, to be
repaired or demolished in order to abate a public nuisance on said real
property; and the City Council of the City of Morro Bay did on the
day of , 19 assess the cost of such rehabili-
tations, repair or demolition upon the real property hereinafter described; and
the same has not been paid nor any part thereof; and that said City of
Morro Bay does hereby claim a lien on such rehabilitation, repair, or
demolition in the amount of said assessment, to wit the sum of $
and the same shall be a lien upon said real property until the same has
been paid in full and discharged of record.
The real property hereinabove mentioned, and upon which a lien is
claimed, is that certain parcel of land lying and being in the City of
Morro Bay, County of San Luis Obispo, State of California, and particu-
larly described as follows:
DATE): This
day of , 19
Administrative Officer of the
City of Morro Bay
•
ORDINANCE NO. 176
'Page Eleven
Enforcement
SECTION 17.61.110 Enforcement: Civil Remedies
The City Attorney may apply to such court or courts as may have juris-
diction to grant such relief as will abate any or correct any violation
of this Title, or restrain and enjoin any person from creating or
maintaining a nuisance.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at the
regular meeting thereof held on this 25th day of February, 1980 by the following
roll call vote:
AYES: Councilmen Cantine, Harmon, Reasor, and Mayor Shelton
NOES: None
ABSENT: Councilman Rosenberg
ATTEST:
DONALD F. G[7LUZZY City
1
ORDINANCE NO. 175
AN ORDINANCE REPEALING CHAPTER 14.40
OF THE MORRO BAY MUNICIPAL CODE AND
SECTION 4300, through 4308 - PART III
OF ORDINANCE 15.
THE CITY COUNCIL
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as follows:
SECTION 1. Chapter 14.40 of the Morro Bay Municipal Code, Section 4300
through 4308 - Part III of Ordinance 15 adopting said Chapter is hereby
repealed.
SECTION 2. Chapter 14.40 entitled "Unsafe Buildings" is hereby created
as follows:
CHAPTER 14.40
UNSAFE BUILDINGS
14.40.010 Unsafe Building Defined: All buildings or portions thereof
that are Substandard as defined in the Uniform Housing Code, Chapter 10, or
any building or structure that is a dangerous building as defined in the
Uniform Code for The Abatement of Dangerous Buildings, Chapter 3, shall be
considered an unsafe building.
14.40.020 Unsafe Buildings Declared Public Nuisances: All unsafe buildings
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.
14.40.030 Notice and Order of the Building Official or Fire Marshal:
Whenever the Building Official or Fire Marshal has inspected or caused to be
inspected any building and has found and determined that such building is an
unsafe building, he shall commence proceedings to cause the repair,
rehabilitation, or demolition of the building.
14.40.040 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 identifica-
tion of the premises on which the building is located.
• •
Ordinance No. 175
Page Two
(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
whichrender the building unsafe and a public nuisance.
(3) An order to secure permits and physically commence within thirty
(30) days from the date of service of the notice and order, and to complete
within ninety (90) days from such date, the elmination 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 certifiedto 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
determine 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. Said 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
• •
Ordinance No. 175
Page Three
(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 Bldg. 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
hereunder.
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 of the City of Morro Bay, 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 said building or buildings.
• •
Ordinance No. 175
Page Four
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.
14.401.20 Oaths Certification: In any proceedings under this Code, the
City Clerk of the City of Morro Bay, 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.
14.40.160 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 intorduce documentary and physical evidence;
(3) To cross - examine opposing witnesses on any matter relevant to the
issues of the hearing;
Ordinance No. 175
Page Five
(4) To impeach any witness regardless of which party first called him
to testify;
(5) To rebut theevidence 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 finds, in the event that it
so concludes, it may declare said building or buildings to be a nuisance and direct
the owner to abate the same within 30 days after the date of passage of said
resolution or motion by having said building properly reconstructed or
repaired, or by having the same demolished or removed and notifying said
owner that if said nuisance is not abated, said buildings will be repaired,
demolished or removed by the City of Morro Bay and the expense thereof made
a lien on the lot or parcel of land upon which said building is located.
Copies of said 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 said nuisance, must bring action in a court
of competent jurisdiction within 30 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
• •
Ordinance No. 175
Page Six
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 said repair, rehabilitation or demolition has not
been commenced, the City of Morro Bay 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 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 have
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 herein provided, 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
• •
Ordinance No. 175
Page Seven
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 over to the person or persons lawfully
entitled thereof.
14.40.240 Procedure for Repair or Demolition: Whenever any work of
Y
repair or demolition is to be done pursuant to Section4120 hereof, 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 said 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
of repair or demolition, said City Engineer shall prepare and file with the
City Clerk a report specifying the work done, the itemized net cost of the
work, 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 said report, the City Clerk
shall present it to the City Council for consideration. The City Council
shall fix a time, date and place for hearing said report and any protests or
objections thereto. The City Clerk shall cause notice of said hearing to be
posted upon the property involved, published once in a newspaper of general
circulation in thecity, 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 10 days prior to the date
set for hearing and shall specify the day, hour, and place when the Council
• . •
'Ordinance No. 175
Page Eight
will hear and pass upon the Engineer's Report, together with any objections
or protests which may be filed as hereinafter provided 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 protests 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 said
charges be assessed against the property, to be recorded on the assessment
roll, and thereafter said assessment shall constitute a special assessment
against and a lien upon the property.
All such assessments remaining unpaid ,50 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 ) Q percent per
annum 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
OPdinance No. 175
• Page Nine
• 4
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.
SECTION 3
This ordinance shall take effect thirty (30) days after its adoption and
prior to the expiration of fifteen (15) days from the passage thereof shall
be published once in a newspaper of general circulation published and circulated
in the City of Morro Bay, and thenceforth and thereafter the same shall be in
force and effect.
Passed and adopted by the City Council of the City of Morro Bay at a
meeting of said City Council held this 28th day of January, 1980 by the
following roll call vote:
AYES: Councilmen Cantine, Harmon, Reasor, Rosenberg and Mayor Shelton
NOES: None
ABSENT: None
ATTEST:
DONALD F. GUU TZY, irywa
R
S EL ON, Mayor
t
ORDINANCE NO. 174
6
AN ORDINANCE AMENDING THE MORRO BAY MUNICIPAL CODE
ADDING A NEW SECTION 17.48.270 REGARDING HOME OCCUPATIONS
SECTION 17.48.270 Home Occupation Requirements
A. Home Occupation Permit Required
Home occupations, wherein an occupation is carried on in a resi-
dence by its occupant as a use clearly secondary to the resi-
dence, may be allowed subject to the approval of a Home Occupation
Permit by the Community Development Director. The Community
Development Director may attach such conditions to the Home
Occupation Permit as are necessary to assure that the Home
Occupation complies with the intent of this section.
A home occupation may require the approval of a Use Permit when
the Community Development Director determines that special con-
ditions of approval may be necessary to insure compliance with
this section or special circumstances require a Planning Commis-
sion determination that the home occupation complies with the
intent of this section.
B. General Requirements For Home Occupations
Home occupations shall comply with the following
1. Activities shall be conducted entirely with
unit or an enclosed accessory building, and
alter the appearance of such structures.
requirements:
the dwelling
shall not
2. There shall be no sales or display on the premises.
3. There shall be no signs other than address and names of
residents.
4. Other than business cards or a listing in the phone book,
there shall be no advertising which identifies the home
occupation by street address.
5. No vehicle larger than a 3/4 ton truck may be used in con-
nection with a home occupation.
6. The home occupation shall not encroach on any required
parking, yard or open space areas.
7. Parking for vehicles used in connection with the home
occupation shall be provided in addition to parking re-
quired for the residence.
Ordinance No. 174
Home Occupations
Page 2
8. Activities conducted and equipment or materials used shall
not change the fire safety or occupancy classifications of
the premises, nor use utilities in amounts greater than
normally provided for residential use.
9. No use shall create or cause noise, dust, vibration, smell,
smoke, glare, or electrical interference, or other hazard
or nuisance.
10. No employees other than residents of the dwelling shall be
allowed.
11. Clients or customers shall not visit the home occupation
between the hours of 10:00 p.m. and 7:00 a.m.
12. If the occupation is to be conducted on rental property, the
property owner's authorization for the proposed use shall
be obtained.
C. Home Occupations Prohibited
The following uses by their operation or nature may interfer with
residential activities and diminish the convenience intended for
commercial zones, and therefore shall not be permitted as home
occupations:
1. Automotive repair (body or mechanical), upholstery, or
painting;
2. Barber or beauty shop;
3. Carpentry or cabinet making;
4. Welding or machining;
5. Medical offices, clinics, or laboratories;
6. Instruction or training for more than three (3) students
at one time;
7. Appliance, radior, or television repair;
8. Print shops;
9. Bakeries;
10. Other full -scale service - commercial, retail, or manufacturing
uses permitted in the commercial and industrial zones;
11. Other uses that would generate a significant amount of
vehicular traffic over what would be the normal amount of
traffic associated with the residence.
Ordinance No. 174
Home Occupations
Page 3
D. Enforcement
0
•
1
Whenever any general requirement or permit condition is not
complied with, or any home occupation causes a nuisance or
otherwise interfers with other property or residents in the
vicinity, the home occupation permit or the use permit may be
revoked pursuant to Section 17.60.120 of this code.
PASSED AND ADOPTED by the City Council of the City of Morro Bay
at the regular meeting thereof held on this 28th day of January,
1980, by the following roll call vote:
AYES: Councilmen Cantine, Harmon, Reasor, Rosenberg, and Mayor Shelton
NOES: None
ABSENT: None
ATTEST:
S ELTON, May.r
4
ORDINANCE NO. 173
ORDINANCE REPEALING SECTIONS 17.48.240 AND 17.48.250
OF THE MORRO BAY MUNICIPAL CODE AND ADDING A NEW
SECTION 17.49.010 ENTITLED "COMMUNITY HOUSING PROJECT REGULATIONS"
SECTION 17.49.010 COMMUNITY HOUSING PROJECT REGULATIONS: PURPOSE
AND INTENT
The purpose and intent of this provision is to:
A. Establish conditions and procedures under which new and converted
community housing projects could occur in Morro Bay.
B. Promote greater individual choice in the type, quality, price,
and location of housing.
C. Insure a reasonable balance of rental and ownership housing in
Morro Bay.
D. Maintain the supply of housing for low to moderate income families.
E. Provide compliance and consistency of community housing projects
with the City's Land Use Element, Housing Element, and the State
Subdivision Map Act.
F. Expand and facilitate new opportunities for home ownership by
those who may not be able to afford traditional types of housing.
G. Provide development and design standards for community housing
projects.
H. Protect the buyers of new and converted community housing projects.
I. Reduce, avoid, and mitigate the hardships associated with the
displacement of tenants in community housing conversions.
J. Insure the safety of community housing conversion projects and
to correct any code violation in such projects.
K. Provide owners and landlords of apartments with clear procedures
and rules they can use to initiate community housing conversion
projects.
SECTION 17.49.020 DEFINITIONS
A. Apartment: A dwelling in a structure designed or used to house
two or more families.
B. Community Housing Project: The entire parcel of real property,
including all structures thereon, all or part of which is pro-
posed to be rented, leased, or divided as land or air space in
two or more lots, parcels, units, or rights of exclusive occu-
pancy, as in a community apartment, condominium, or stock coop-
erative as defined below:
Ordinance No. 173
Community Housing Ordinance
Page 2
1. Community Apartment: An undivided interest in the land
coupled with the right of exclusive occupancy of any
apartment located thereon.
2. Condominium: An estate in real property consisting of
an undivided interest in common in a portion of a parcel
of real property together with a separate interest in
space in a building on such real property.
3. Stock Cooperative: A corporation which is created for
the purpose of holding title to improve real property
either in fee simple or for a term of years, provided
that all of the shareholders of such corporation receive
a right of exclusive occupancy in a portion of the real
property. The title of the real property is held by the
corporation, and the right of occupancy is transferable
only concurrently with the transfer of the share or shares
of the stock in the corporation held by the person having
such right of occupancy.
C. Conversion: A proposed change in the type of ownership of
parcel or parcels of land and the existing structures thereon
to that defined as a community housing project.
D. Conversion Date: The date the final tract map for a community
housing conversion project is approved by the City Council.
E. Low and Moderate Income Housing: Housing for which the rent
or monthly mortgage payment does not exceed the current Fair
Market Rent for Existing Housing standards applicable to San
Luis Obispo County as established for Section 8, Housing Assis-
tance Payments Programs by the United States Department of
Housing and Urban Development.
F. Tenant: A person who rents, leases, or subleases real property
from another through a written or oral agreement.
G. Vacancy Rate: The number of apartments being offered for rent
or lease expressed as a percentage of the total number of apart-
ments in Morro Bay.
SECTION 17.49.030 COMMUNITY HOUSING PROJECTS: PERMITTED
A. Community housing projects may be allowed in any district upon
the securing of a Conditional Use Permit and a Tentative Tract
Map as provided in this Code and further provided that:
•
Ordinance No. 173
Community Housing Ordinance
Page 3
1'. Regulations governing use, density, building height,
required yards, building separation, signs, and off -
street parking and other explicit regulations of the
zoning district within which the site is located, shall
apply unless otherwise stipulated in this section.
2. The community housing project fully complies with the
special application requirements, development standards,
and other specific provisions applicable to the project
as set forth in this Section.
B. No person, firm corporation, partnership, or other entity shall
convert apartments to a community housing project without first
having said conversion approved by the Planning Commission or
the City Council on appeal.
SECTION 17.49.040 COMMUNITY HOUSING PROJECTS: APPLICATION REQUIREMENTS
A. Application Requirements: All Projects: In addition to the
existing requirements of the Municipal Code, an application
for a Conditional Use Permit for all community housing projects
shall be accompanied by the following:
1. Location Map: A map depicting the general location of
the site in the community.
2. Proposed Tentative Tract Map.
3. Site Plan: A plan drawn to a workable scale which shall
include at least the following:
a. the location, height, gross floor area, the proposed
uses for each proposed new or existing structure,
and the relationship of these buildings to property
lines and buildings on adjacent properties;
b. the location of each proposed community housing unit;
c. existing contours at reasonable intervals, the area,
extent and amount of cubic feet proposed to be graded,
and the proposed building pad elevations and percent
slope for all driveways and parking areas;
d. the location, use and type of surfacing for all pro-
posed driveways, pedestrian ways, vehicle parking
areas, curb cuts;
Ordinance No. 173
Community Housing Ordinance
Page 4
e. the location, size, and number of parking places to
be used in conjunction with each unit;
f. the location of all existing and proposed landscaping,
the type of landscaping, initial planting size,
method of irrigation, and a statement specifying
private or common maintenance;
g.
h.
the location, type, and size of proposed signs;
the location and type of proposed exterior lighting
fixtures;
i, the location, height, and type of materials for pro-
posed walls, fences, or trash enclosures;
the location, size, and method of screening for any
proposed outdoor storage areas;
k. the location and use of all proposed recreational
facilities;
1. the location, type and size of all proposed utilities
and utility meters;
m. the location, type and size of all proposed drainage
ways, pipes, or structures; and
n. the location and size of all private and common open
space areas.
4. Building Plans: Plans which shall show the following:
a. floor plans depicting the number of rooms and esti-
mated square footage of each proposed community
housing unit; and
b. elevations of the proposed structures showing the
architectural features and materials of construction.
5. Organizational Documents: The application shall be accom-
panied by the declaration of covenants, conditions, and
restrictions, articles of incorporation, bylaws, and any
contracts for the maintenance, management, or operation of
all or a portion of any community housing project which
would be applied on behalf of any and all owners of condo-
minium units within the project.
• •
Ordinance No. 173
Community Housing Ordinance
Page 5
In addition to the requirements of Civil Code Section
1355 and any requirements the City may impose consistent
with these regulations, the organization documents
shall contain provisions concerning:
a. organization and responsibilities of a Homeowner's
Association;
b. the conveyance of units;
c. the assignment of parking;
d. an agreement for common area maintenance, including
facilities and landscaping;
e. an estimate of initial fees anticipated for common
area maintenance; and
f. an assignment of responsibilities for maintenance
of all utility lines and services, and building ex-
teriors of each unit.
B. Application Requirements: Conversion Projects
In addition to the information required by other applicable
provisions of this Code and State law, application for a Con-
ditional Use Permit for a conversion project shall be accom-
panied by the following at the time of application:
1. Property Condition Report: A property condition report
shall include an evaluation of the condition, age, and
expected useful life of all buildings and site improve-
ments. Said report shall include the following:
a. a building and zoning history, to the extent avail-
able, detailing the date of construction, major uses
since construction and the dates, natures, and scope
of major repairs and alterations since construction;
b. an evaluation of the condition of all structural and
mechanical elements of the buildings, including the
foundations, roofs, windows, walls, ceilings, all
plumbing, heating, electrical, and ventilation ele-
ments of the buildings, and any appliances which will
be sold with the units;
c. an evaluation of the condition of all parking, land-
scaping, and common areas;
• •
Ordinance No. 173
Community Housing Ordinance
Page 6
d. an evaluation of the sound transmission of common
walls that will separate individual dwelling units;
e. a report from a licensed pest control operator,
approved by the City, on each structure and each
unit within the structure;
f. a report on any known soil, geological, or drainage
problems relating to the structures and site improve-
ments;
g.
a report prepared by the City building inspector iden-
tifying all items not consistent with the City's
building, property maintenance, fire, and housing codes,
and California Administrative Code, Title 19, with
special regulations for existing buildings;
h. a statement of repairs and improvements to be made
by the applicant necessary to bring it into compli-
ance with City codes or to otherwise restore or re-
furbish the project to achieve a high degree of safety
and an attractive appearance.
2. Rental History Report: The application shall be accompanied
by a rental history report providing the following information:
a. rental rate history for each unit for the previous
three (3) years;
b. vacancy rate for each month during preceding three
(3) years; and
c. the name, address, and telephone number of each tenant
occupying the units to be converted.
3. Evidence of Delivery of Notice of Intent to Convert: The
application shall be accompanied by signed copies from each
tenant of the Notice of Intent to Convert as specified in
Section 17.49.080. The applicant shall submit evidence
that a certified letter of notification was sent to each
tenant for whom a signed copy of said notice is not sub-
mitted at the time of application.
4. Relocation Assistance Plan: The application shall be
accompanied by a relocation assistance plan prepared by
the developer that shall contain the following information:
Ordinance No. 173
Community Housing Ordinance
Page 7
a. a list of available rental units of similar price
in the same general area as the building proposed
for conversion;
b. a statement that the developer will make all neces-
sary arrangements and pay all reasonable costs up
to two times the monthly rent of the unit to relocate
nonpurchasing tenants into rental units of similar
price in the City of Morro Bay if the Tenant agrees
to such a relocation;
c. a statement that the developer will reimburse tenants
for any reasonable moving expenses up to two times
the monthly rent of the unit if comparable rental
housing is not available or if the tenant chooses
to move out of the community.
d. a statement that the developer will not be responsible
for arranging relocations or reimbursing the moving
expenses of those tenants who would be relocating for
reasons unrelated to an application to convert.
5. Other Information: The application shall be accompanied
by any other information which may be required to assist
in determining whether the proposed project will be con-
sistent with the findings required to be made under
Section 17.49.070.B of these regulations or will qualify
for an exception to these findings as provided for in
Section 17.49.070.C.
SECTION 17.49.050 ACCEPTANCE OF REPORTS
The final form of any reports, documents, plans, and other sub-
mittals required by these regulations shall be of a form approved
by the Community Development Director.
The reports shall remain on file with the Community Development
Department for,review by any_interested person.
The reports shall be referenced in the subdivision report to
the Planning Commission.
SECTION 17.49.060 ACTION ON APPLICATION
A. Acceptance of Applications: Application for community housing
projects shall not be accepted or processed by the City unless
deemed complete and in full compliance with the application
requirement by the Community Development Director.
• •
Ordinance No. 173
Community Housing Ordinance
Page 8
B. Processing of Applications: Applications for a Conditional
Use Permit and Tentative Tract Map will be processed together
and in accordance with the processing, public hearing and
notification provisions of the zoning and subdivisions regu-
lations of the City of Morro Bay.
SECTION 17.49.070 COMMUNITY HOUSING PROJECT: FINDINGS REQUIRED
A. All Projects: Findings Required
An application for a community housing project shall not be
approved by the Planning Commission, or upon appeal, the City
Council, unless the following findings can be made:
1. all provisions of this chapter and the Morro Bay Municipal
Code are met by the projects;
2. the proposed project is consistent with the Land Use and
Housing Elements of the City of Morro Bay General Plan;
3. there exist facts adequate to make the findings required
under Government Code Sections 66473.5 and 66474; and
4. the overall design and physical condition of the project
will result in a project which is aesthetically attractive,
safe, and of quality construction.
B. Conversion Projects: Special Findings Required
An application for a community housing conversion project shall
not be approved unless the following findings can be made in
addition to those findings required for all community housing
projects:
1. the proposed conversion will not displace a significant
percentage of low to moderate income or senior citizen
tenants, tenants with children, or otherwise delete a
significant number of low and moderate income rental units
from the City's housing stock at a time when no comparable
housing exists in Morro Bay;
2. that vacancies in the units proposed for conversion have
not been created or increased for the purpose of preparing
the building for a community housing conversion project;
3. That no housing shortage has been declared to exist in
the community.
• •
Ordinance No. 173
Community Housing Ordinance
Page 9
A housing shortage shall be declared to exist if:
a. the vacancy rate for apartments is equal to or less
than five (5) percent for the preceding six (6)
month period, based upon reliable information veri-
fied by the Planning Department as a result of an
apartment survey to be conducted in April and November
of each year, or
b. the project will not cause the total number of units
converted for one year to exceed the total number of
apartments built during the previous year.
C. Exceptions
The Planning Commission shall grant an exception from the findings
of Section 17.49.070 B -3 under the following conditions:
1. the project proposed for conversion consists of three (3)
units or less, or
2. the project is proposed as low to moderate income housing
wherein no less than one third of the units will be sold
or rented to low and moderate income people according to
a program prepared by the developer and approved by the
Community Development Department that will provide for:
a. sale to the low to moderate income tenant or to low
to moderate income persons at a price or with financing
affordable to their income level; and
b. deed restrictions or other binding legal measures that
will control resale of the units in such a manner as
to assure the long -term affordability of these units
to low and moderate income people.
SECTION 17.49.080 TENANT PROTECTION PROVISIONS
Any proposed conversion of an existing building to a community
housing project shall comply with the following provisions de-
signed to protect the tenants of said building:
A. Notice of Intent to Convert
Prior to making an application to convert an existing building
to a community housing project, the developer shall deliver to
all tenants of the building to be converted a written notice in
a form acceptable to the City containing the following information:
•
Ordinance No. 173
Community Housing Ordinance
Page 10
1. name and address of current owner;
2. name and address of developer;
3. statement that the owner intends to convert the building
to a community housing project;
4. approximate dates on which an application to convert will
be filed;
5. statement that tenants will be given five (5) days prior
written notice by the developer of the date, place, and
time of any meetings held on the Conditional Use Permit
and Tentative Tract Map by the City;
6. statement of tenants' right to purchase;
7. statement of tenants' right of notification to vacate;
8. statement of tenants' right to terminate lease;
9. statement of tenants' right to reimbursement of relocation
expenses.
B. Tenants' Right to Purchase
Pursuant to Government Code Section 66427.1(b), applicant shall
give any present tenant a non - transferable right of first refusal
to purchase the unit occupied at a price no greater than the
price offered to the general public. This right of first refusal
shall extend at least sixty (60) days from the date of issuance
of the Subdivision Public Report.
C. Tenants' Right of Notification to Vacate
Each nonpurchasing tenant not in default under the provisions
of the rental agreement or lease under which he occupies the
unit shall have the right to remain until the lease expires
or not less than 120 days from the date of issuance of the
Subdivision Public Report, whichever is longer.
D. Tenants' Right to Terminate Lease
Upon receipt of Notification of Intent to Convert, tenants
shall be permitted to terminate any lease or rental agreement
without any penalty upon notifying the subdivider in writing
thirty (30) days in advance of such termination.
Ordinance No. 173
Community Housing Ordinance
Page 11
E. Tenants' Right to Relocation Assistance
A list of available rental units of similar price and quality
in the same general area as the building proposed for conversion
shall be provided to each tenant by the developer. If comparable
rental housing is available in the area or elsewhere in the City
of Morro Bay, or if the tenant is able to find housing in the
City of Morro Bay independent of the attempts of the developer
to find relocation housing, the developer shall make all neces-
sary arrangements and pay all reasonable costs up to two months
the most recent monthly rent of the unit to relocate nonpur-
chasing tenants into said housing. If comparable rental housing
is not available in the area or in Morro Bay, or if the tenant
chooses to relocate outside of Morro Bay, said tenant shall be
reimbursed by the developer for all reasonable moving expenses
for an amount up to two times the most recent.monthly rent of
the unit.
Notwithstanding the provisions of this section, those tenants
who would be moving or relocating for reasons that are not re-
lated to an application to convert shall not be eligible for
relocation expenses.
F. No Rent Increases
From the time the Notice of Intent to Convert is delivered to
the tenant of each unit until that unit is vacated as a result
of conversion or until the application to convert is denied by
the City the rent for that unit shall not be increased.
G. Notice to New Tenants
From the time that an application to convert has been submitted
to the City, any new or prospective tenants shall be given a
copy of the Notice of Intent to Convert prior to leasing or
renting any unit.
SECTION 17.49.090 BUYER PROTECTION PROVISIONS
A. Information Statement for Prospective Buyers
Prior to the conversion date and as a condition of approval of
the Tentative Tract Map, the developer shall devise an "Infor-
mation Statement for Prospective Buyers" to be filed with the
Community Development Department and to be furnished to each
prospective purchaser prior to the time he incurs any obliga-
tion to purchase a unit. The "Information Statement for Pro-
spective Buyers" shall be in a form approved by the Community
Development Department and shall contain the following info -
mation:
• •
Ordinance No. 173
Community Housing Ordinance
Page 12
1. the name, address, and capacity of each person or firm
involved in the construction, conversion, rehabilitation
sale, or financing of the project;
2. a legal description of the project and the community
housing project site plan required by Section 17.49.040
of these regulations;
3. a statement of the estimated annual operating and main-
tenance costs for all common facilities and services
for the next three years as prepared or reviewed by a
professional management firm familiar with operating and
maintenance costs of similar properties and developments;
4. a statement granting to each purchaser a one -year warranty
on all appliances installed in each unit, and granting
to the Homeowner's Association and to all purchasers of
individual units a one -year warranty on all structures in
the community housing project including all electrical,
heating, air conditioning, plumbing, ventilation equip-
ment, other mechanical equipment and roofing.
5. a statement granting to each purchaser of a unit the right
to cancel his purchase of the unit without cost or liability
provided the prospective purchaser gives written notice of
cancellation within fifteen (15) days after he signs a pur-
chase agreement.
6. a copy of the property condition report and the organiza-
tional documents as provided for in Section 17.49.040 of
these regulations.
SECTION 17.49.100 COMMUNITY HOUSING PROJECTS: DEVELOPMENT STANDARDS
In addition to compliance with existing building codes, zoning,
subdivision, property maintenance, and sign regulations, and
other requirements of the Municipal Code, a community housing
project shall comply with the following development and improve-
ment standards:
A. Fire Safety
1. Smoke Detectors. Each unit shall be furnished with approved
smoke detectors mounted on the ceiling or wall at a point
centrally located in the area giving access to rooms used
for sleeping purposes;
Ordinance No. 173
Community Housing Ordinance
Page 13
2. Fire Protection Systems. All fire hydrants, fire alarm
systems, portable fire extinguishers and other fire protec-
tion appliances shall be retained in an operable condition
at all times and shall otherwise comply with current City
standards.
B. Sound Transmission
1. Shock Mounting of Mechanical Equipment. All permanent
mechanical equipment determined by the Building Official
to be a source of structural vibration or structure -borne
noise shall be shock mounted with inertia blocks or bases
and /or vibration isolators, as approved.
2. Noise Standards. Walls and floor /ceiling assembles between
units and common or service areas shall be capable of
achieving a sound reduction equivalent to a sound trans-
mission calls of 30. Such reduction of sound transmission
may be demonstrated by reference to accepted published
material relating sound transmission loss to the type of
construction or by field measurement by a qualified acous-
tical technician or engineer.
C. Thermal Insulation
Exterior walls and ceiling /roof assemblies of occupied portions
of dwellings shall have thermal insulation equivalent to a value
of R -12. Such insulation value may be demonstrated by reference
to accepted published materials which describes the insulating
value of structure components and wall /roof coverings used in
the project, together with the known "R" value of insulating
material added to comply with this section.
D. Utility Metering
The consumption of gas, electricity, and water within each unit
shall be separately metered and there shall be circuit breakers
and shut off valves for each unit.
E. Storage
Each unit shall be provided with at lease 300 cubic feet of
enclosed weatherproofed, and lockable private storage space,
exclusive of cabinets and closets within the unit. This space
shall be for the sole use of the unit owner.
F. Laundry Facilities
A laundry area shall be provided in each unit or in common
laundry areas. Common laundry facilities shall consist of at
least one washer and dryer for each five units or fraction thereof.
•
Ordinance No. 173
Community Housing Ordinance
Page 14
G. Open Space
Each community housing project must provide private and common
outdoor open space as specified in this section.
1. Private Open Space. Each unit shall be provided with at
least 200 square feet of exterior porch, patio, deck,
garden, or other private open space adjacent to the unit
that shall be for the sole use of the unit owner.
2. Common Open Space. A community housing project shall pro-
vide at least 1,000 square feet of common open space per
unit at least half of which must be devoted to useable
open space having less than a ten percent slope and not
containing any parking areas or roads. Said common open
space shall be common landscaped areas, gardens, pedes-
trian pathways, outdoor and indoor recreational facilities,
and other open space areas exclusive of all nonrecreational
buildings and shall be for the use of all units in the pro-
ject.
H. Parking Standards
The off - street parking requirements for a community housing pro-
ject shall be one and'one -half (1 1/2) parking spaces per unit
for one bedroom or studio units and two (2) parking spaces for
units containing two or more bedrooms.
I. Undergrounding of Utilities
All utilities serving the community housing project shall be
undergrounded.
J. Refurbishing and Restoration
For community housing conversion projects, all structures,
building exteriors, sidewalks, driveways, parking areas, land-
scaped areas, and common facilities shall be refurbished and
restored to a safe, attractive, and useable condition in con-
sistency with the provisions of this section and the Municipal
Code.
PASSED AND ADOPTED by the City Council of the City of Morro Bay
at the regular meeting thereof held on this 10th day of December
1979, by the following roll call vote:
• •
Ordinance No. 173
Community Housing Ordinance
Page 15
AYES: Councilmen Cantine, Reasor, and Mayor Shelton
NOES: Councilman Harmon
ABSENT: Councilman Rosenberg
ATTEST:
DONALD F. GULUZZY, Cis ''lerk
E R. S'ELTON, layor
•
ORDINANCE NO. 172
FLOOD DAMAGE PREVENTION
STATUTORY AUTHORIZATION, FINDINGS OF FACT AND
PURPOSE AND OBJECTIVES
SECTION 1. Statutory Authorization. The Legislature of the State
of California has delegated the responsibility to local government
units to adopt regulations designed to promote the public health,
safety, and general welfare of its citizenry. Therefore, the City
Council of Morro Bay, California does ordain as follows:
SECTION 2. Findings of Fact. (1) The flood hazard areas 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 the cumulative effect of ob-
structions in areas of special flood hazards which increase flood
heights and velocities, and when inadequately anchored, damage uses
in other areas. Uses that are inadequately floodproofed, elevated
or otherwise protected from flood damage also contribute to the
flood loss.
SECTION 3. Statement of Purpose. It is the purpose of this ordinance
to 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:
(1) To protect human life and health;
(2) To minimize expenditure of public money for costly flood
control projects;
(3) To minimize the need for rescue and relief efforts associated
with flooding and generally undertaken at the expense of the
general public;
(4) To minimize prolonged business interruptions;
(5) To minimize damage to public facilities and utilities such
as water and gas mains, electric, telephone and sewer lines,
streets and bridges located in areas of special flood hazard;
(6) To help maintain a stable tax base by providing for the second
use and development of areas of special flood hazard so as to
minimize future flood blight areas;
(7) To insure that potential buyers are notified that property is in
an area of special flood hazard; and,
(8) To ensure that those who occupy the areas of special flood
hazard assume responsibility for their actions.
SECTION 4. Methods of Reducing Flood Losses. In order to accomplish
its purposes, this ordinance includes methods and provisions for:
(1) Restricting or prohibiting uses which are dangerous to health,
safety, and property due to water or erosion hazards, or which
result in damaging increases in erosion or in flood heights or
velocities;
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Ordinance No. 172
Flood Damage Prevention
Page 2
(2) Requiring that uses vulnerable to floods, including facilities
which serve such uses, be protected against flood damage at the
time of initial construction;
(3) Controlling the alteration of natural flood plains, stream
channels, and natural protective barriers, which help accommo-
date or channel flood waters;
(4) Controlling filling, grading, dredging, and other development
which may increase flood damage; and,
(5) Preventing or regulating the construction of flood barriers
which will unnaturally divert flood waters or which may increase
flood hazards in other areas.
SECTION 5. Definitions. Unless specifically defined below, words
or phrases used in this ordinance shall be interpreted so as to
give them the meaning they have in common usage and to give this
ordinance its most reasonable application.
Appeal - means a request for a review of the Community Development
Director's interpretation of any provision of this ordinance or a
request for a variance.
Area of shallow flooding - means a designated AO or VO Zone on the
Flood Insurance Rate Map (FIRM). The base flood depths range from
one to three feet; a clearly defined channel does not exist; the
path of flooding is unpredictable and indeterminate; and, velocity
flow may be evident.
Area of special flood hazard - means the land in the flood plain
within a community subject to a one percent or greater chance of
flooding in any given year.
Base flood - means the flood having a one percent chance of ,being
equalled or exceeded in any given year.
Breakaway walls - means any type of wall, whether solid or lattice,
and whether constructed of concrete, masonry, wood, metal, plastic
or any other suitable building material which are not part of the
structural support of the building and which are so designed as to
breakaway, under abnormally high tides or wave action, without 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.
Coastal high hazard area - means the area subject to high velocity
waters, including but not limited to, hurricane wave wash or tsunamis.
The area is designated on a FIRM as Zone V1 -30.
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Ordinance No. 172
Flood Damage Prevention
Page 3
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 located within the area of special flood
hazard. The definition of development is very important because
the ordinance must regulate all development, not just structures.
Existing mobile home park or mobile home subdivision - means a
parcel (or contiguous parcels) of land divided into two or more
mobile home lots for rent or sale for which the construction of
facilities for servicing the lot on which the mobile home is to
be affixed (including, at a minimum, the installation of utilities,
either final site grading or the pouring of concrete pads, and the
construction of streets) is completed before the effective date of
this ordinance.
Expansion to an exist'ing mobile home yark'or mobile home subdivision -
means the preparation of additional sites by the construction of
facilities for servicing the lots on which the mobile homes are to
be affixed (including the installation of utilities, either final
site grading or pouring of concrete or the construction of streets).
Flood or flooding - means a general and temporary condition of partial
or complete inundation of normally dry land areas from: (1) The over-
flow of inland or tidal water and /or; (2) The unusual and rapid
accumulation or runoff of surf waters from any source.
Flood Insurance Rate Map (FIRM)- means the official map on which the
Federal Insurance Administration has delineated both the areas of
special flood hazards and the risk premium zones applicable to the
community.
Flood Insurance Study - means the official report provided by the
Federal Insurance Administration that includes flood profiles, the
Flood Insurance Rate Map and the water surface elevation of the base
flood.
Habitable floor - means any floor usable for living purposes, which
includes working, sleeping, eating, cooking or recreation, or a
combination thereof. A floor used only for storage purposes is not
a "habitable floor ".
Mangrove stand - means an assemblage of mangrove trees which are
mostly low trees noted for a copious development of interlacing
adventitious roots above the ground and which contain one or more
of the following species: black mangrove (Avicennia Nitida); red
mangrove (Rhizophora Mangle); white mangrove (Languncularia Racemosa);
and buttonwood (Conocarpus Erecta).
Ordinance No. 172•
Flood Damage Prevention
Page 4
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Mobile home - means a structure that is transportable in one or
more sections, built on a permanent chassis, and designed to be
used with or without a permanent foundation when connected to
the required utilities. It does not include recreational vehicles
or travel trailers.
New construction - means structures for which the "start of
construction" commenced on or after the effective date of this
ordinance.
New mobile home park or mobile home subdivision - means a parcel
(or contiguous parcels) of land divided into two or more mobile
home lots for rent or sale for which the construction of facili-
ties for servicing the lot (including, at a minimum, the installa-
tion of utilities, eithem final site grading or the pouring of
concrete pads, and the construction of streets) is completed on or
after the effective date of this ordinance.
Sand dunes - means naturally occurring accumulations of sand in
ridges or mounds landward of the beach.
Start of construction - means the first placement of permanent
construction of a structure (other than a mobile home) on a site,
such as the pouring of slabs or footings or any work beyond the
stage of excavation. Permanent construction does not include land
preparations, 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 in-
stallation on the property of accessory buildings, such as garages
or sheds not occupied as dwelling units or not as part of the main
structure. For a structure (other than a mobile home) without a
basement or poured footings, the "start of construction" includes
the first permanent framing or assembly of the structure or any
part thereof on its piling or foundation. For mobile homes not within
a mobile home park or mobile home subdivision, "start of construction"
means the affixing of the mobile home to its permanent site. For
mobile homes within mobile home parks or mobile home subdivisions,
"start of construction "is the date on which the construction of
facilities for servicing the site on which the mobile home is to be
affixed (including, at a minimum, the construction of streets,
either final site grading or the pouring of concrete pads, and instal-
lation of utilities) is completed.
Structure - means a walled and roofed building or mobile home that
is principally above ground.
Substantial improvement - means any repair, reconstruction, or
improvement of a structure, the cost of which equals or exceeds 50
percent of the market value of the structure either:
Ordinance No. 172 •
Flood Damage Prevention
Page 5
•
Substantial improvement - (cont.)
(1) before the improvement or repair is started, or
(2) if the structure has been damaged and is being restored,
before the damage occurred. For the purposes of this
definition, "substantial improvement" is considered to
occur when the first alteration of any wall, ceiling, floor
or other structural part of the building commences, whether
or not that alteration affects the external dimensions of
the structure.
The term does not, however; include either:
(1) any project for improvement of a structure to comply with
existing state or local health, sanitary, or safety code
specifications which are solely necessary to assume safe living
conditions, or
(2) any alteration of a structure listed on the National Register
of Historic Places or a State Inventory of Historic Places.
Variance - means a grant of relief from the requirements of this
ord inance which permits construction in a manner that would other-
wise be prohibited by this ordinance.
GENERAL PROVISIONS
SECTION 6. Lands to Which This Ordinance Applies. This ordinance
shall apply to all areas of special flood hazards within the
jurisdiction of Morro Bay.
SECTION 7. Basis for Establishing the Areas of Special Flood Hazard.
The areas of special flood hazard identified by the Federal Insurance
Administration in a scientific and engineering report entitled "The
Flood Insurance Study for the City of Morro Bay dated
1979, with accompanying Flood Insurance Rate Maps is hereby adopted
by reference and declared to be a part of this ordinance. The Flood
Insurance Study is on file at 595 Harbor Street, Morro Bay, California.
SECTION 8. Compliance. No structure of land shall hereafter be
constructed, located, entended, converted, or altered without full
compliance with the terms of this ordinance and other applicable
regulations.
SECTION 9. Abrogation and Greater Restrictions. This ordinance is
not intended to repeal, abrogate, or impair any existing easements,
convenants, or deed restrictions. However, where this ordinance and
other ordinance, easement, convenant, or deed restriction conflict
or overlap, whichever imposes the more stringent restrictions shall
prevail.
Ordinance No. 172 •
Flood Damage Prevention
Page 6
•
SECTION 10. 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.
SECTION 11. Warning and Disclaimer of Liability. The degree of
flood protection required by this ordinance 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 ordianance shallcreate liability on the part
of Morro Bay, any officer or employee thereof or the Federal Insurance
Administration, for any flood damages that result from reliance on
this ordinance or any administrative decision lawfully made thereunder.
ADMINISTRATION
SECTION 11. Establishment of Development Permit. A Development
Permit shall be obtained before construction or development begins
within any area of special flood hazard established in SECTION 7.
Application for a Development Permit shall be made on forms furnished
by the Community Development Director and may include, but not be
limited to; plans in duplicate drawn to scale showing the nature,
location, dimensions, and elevations of the area in question; existing
or proposed structures, fill, storage of materials, drainage facili-
ties; and the location of the foregoing. Specifically, the following
information is required:
(1) Elevation in relation to mean sea level, of the lowest floor
(including basement of all structures;
(2) Elevation in relation to mean sea level to which any structure
has been floodproofed;
(3) Certification by a registered professional engineer or architect
that the floodproofing methods for any nonresidential structure
meet the floodproofing criteria in Section 15.7.
(4) Description of the extent to which any watercourse will be
altered or relocated as a result of proposed development; and
(5) Plans for any walls to be used to enclose space below the
base flood level.
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Ordinance No. 172
Flood Damage Prevention
Page 7
SECTION 12. Designation of the Community Development Director.
The Community Development Director is hereby appointed to administer
and implement this ordinance by granting or denying development
permit applications in accordance with its provisions.
SECTION 13. Duties and Responsibilities of the Community Development
Director. Duties of the Community Development Director shall include,
but not limited to:
SECTION 13.1. Permit Review.(])Review all development permits to
determine that the permit requirements of this ordinance have been
satisfied. (2) Review all development permits to determine that all
necessary permits have been obtained from those federal, state or
local governmental agencies from which prior approval is required.
(3) Review all development permits in the area of special flood
hazard except in the coastal high hazard area to determine if the
proposed development adversely affects the flood carrying capacity
of the area of special flood hazard. For the 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 not increase the water surfact eleva-
ation of the base flood more than one foot at any point. (4) Review
all development permits in the coastal high hazard area of the area
of special flood hazard to determine if the proposed development
alters mangrove stands or sand dunes so as to increase potential
flood damage. (5) Review plans for walls to be used to enclose space
below the base flood level in accordance with SECTION 15.11(4).
SECTION 13.2. Use of Other Base Flood Data. When base flood
elevation data has not been provided in accordance with Section 7,
Basis for Establishing the Areas of Special Flood Hazard, the
Community Development Director shall obtain, review, and reasonably
utilize any base flood elevation data available from a federal,
state or other source, in order to administer Sections 15.6, Specific
Standards, Residential Construction, and 15.7 , Specific Standards,
Nonresidential Construction.
SECTION 13.3. Information To Be Obtained and Maintained.
(1) Obtain and record the actual elevation (in relation to mean
sea level) of the lowest habitable floor (including basement)
of all new or substantially improved structures.
(2) For all new substantially improved floodproofed structures:
(i) verify and record the actual elevation (in
relation to mean sea level), and
(ii) maintain the floodproofing certifications required
in Section
Ordinance No. 1720
Flood Damage Prevention
Page 8
•
(3) In coastal high hazard areas, certification shall be obtained
from a registered professional engineer or architect that
the structure is securely anchored to adequately anchored
pilings or columns in order to withstand velocity waters.
(4) Maintain for public inspection all records pertaining to
the provisions of this ordinance.
SECTION 13.4. Alteration of Watercourses. (1) Notify adjacent
communities and the State Water Resources Board prior to any
alteration or relocation of a watercourse, and submit evidence of
such notification to the Federal Insurance Administration. (2)
Require that maintenance is provided within the altered or re-
located portion of said watercourse so that the flood carrying
capacity is not diminished.
SECTION 13.5. Interpretation of FIRM Boundaries. Make interpre-
tations where needed, as to the exact location of the boundaries
of the areas of special flood hazards (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.
SECTION 14. Variance Procedure. If variances are granted, you
must follow this procedure.
SECTION 14.1. Appeal Board. Variances must follow the procedure
in SECTION 1910.6 of the attached Federal Register.
(1) The City Council as established by Morro Bay shall hear and
decide appeals and requests for variances from the require-
ments of this ordinance.
(2) The City Council shall hear and decide appeals when it is
alleged there is an error in any requirement, decision, or
determination made by the Community Development Director in
the enforcement or administration of this ordinance.
(3) Those aggrieved by the decision of the City Council, or any
taxpayer, may appeal such decision to the Municipal Court.
(4) In passing upon such applications, the City Council shall
consider all technical evaluations, all relevant factors,
and standards specified in other sections of this ordinance; and
(i) the danger that materials may be swept onto other lands
to the injury of others;
(ii) the danger? to life and property due to flooding or
erosion damage;
Ordinance No. 110
Flood Damage Prevention
Page 9
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(iii) the susceptibility of the proposed facility and its
contents to flood damage and the effect of such damage
on the individual owner;
(iv) the importance of the services provided by the proposed
facility to the community;
(v) the necessity to the facility of a waterfront location,
where applicable;
(vi) the availability of alternative locations, for the
proposed use which are not subject to flooding or
erosion damage;
(vii) the compatibility of the proposed use with existing
and anticipated development;
(viii) the relationship of the proposed use to the comprehensive
plan and flood plain management program of that area;
(ix) the safety of access to the property in times of flood
for ordinary and emergency vehicles;
(x) the expected heights, velocity, duration, rate of rise
and sediment transport of the flood waters and the
effects of wave action, if applicable, expected at the
site; and,
(xi) the 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 systems, and streets and bridges.
(5) Generally, variances may be issued for new construction and
substantial improvements 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 items (i -xi) in SECTION 14.1(4) have been fully
considered. As the lot size increases beyond the one -half
acre, the technical justification required for issuing the
variance increases.
(6) Upon consideration of the factors of SECTION 14.1(4) 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 ordinance.
Ordinance No. 170
Flood Damage Prevention
Page 10
(7) The Community Development Director shall maintain the records
of all appeal actions and report any variances to the Federal
Insurance Administration upon request.
SECTION 14.2. Conditions for Variances.
(1) Variances may be issued for the reconstruction, rehabilitation
or restoration of structures listed on the National Register
of Historic Places or the State Inventory of Historic Places,
without regard to the procedures set forth in the remainder of
this section.
(2) Variances shall not be issued within any designated floodway
if any increase in flood levels during the base flood dis-
charge would result.
(3) Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood
hazard to afford relief.
(4) Variances shall only be issued upon:
(i) a showing of good and sufficient cause;
(ii) a determination that failure to grant the variance
would result in exceptional hardship to the applicant;
and
(iii) a determination that the granting of a variance will
not result in increased floor heights, additional
threats to public safety, extraordinary public expense,
create nuisances, cause fraud on or victimization of
the public as identified in SECTION 14.1(4), or con-
flict with existing local laws or ordinances.
(5) Any applicant to whom a variance is granted shall be given
written notice that the structure will be permitted to be
built with a lowest floor elevation below the base flood
elevation and that the cost of flood insurance will be
commensurate with the increased risk resulting from the
reduced lowest floor elevation.
PROVISIONS FOR FLOOD HAZARD REDUCTION
SECTION 15. General Standards. In all areas of special flood
hazards the following standards are required:
SECTION 15.1. Anchoring.
(1) All new construction and substantial improvements shall be
anchored to prevent flotation, collapse, or lateral movement
of the structure.
Ordinance No. 141/
Flood Damage Prevention
Page 11
•
(2) All mobile homes shall be anchored to resist flotation,
collapse, or lateral movement by providing over - the -top
and frame ties to ground anchors. Specific requirements
shall be that:
(i) over - the -top ties be provided at each of the four
corners of the mobile home, with two additional
ties per side at intermediate locations, with mobile
homes less than 50 feet long requiring one additional
tie per side;
(ii) frame ties be provided at each corner of the home with
five additional ties per side at intermediate points,
with mobile home less than 50 feet long requiring four
additional ties per side;
(iii) all components of the anchoring system be capable of
carryinga force of 4,800 pounds; and,
(iv) any additions to the mobile home be similarly anchored.
SECTION 15.2. Construction Material's and Methods.
(1) All new construction and substantial improvements shall be
constructed with materials and utility equipment resistant
to flood damage.
(2) All new construction and substantial improvements shall be
constructed using methods and practices that minimize flood
damage.
SECTION 15.3. Utilities.
(1) All new and replacement water supply systems shall be
designed to minimize or eliminate infiltration of flood
waters into the system;
(2) New and replacement sanitary sewage systems shall be
designed to minimize or eliminate infiltration of flood
waters into the systems and discharge from the systems into
flood waters; and
(3) On -site waste disposal systems shall be located to avoid
impairment to them or contamination from them during flooding.
SECTION 15.4. Subdivision Proposals.
(1) All subdivision proposals shall be consistent with the need
to minimize flood damage;
Ordinance No. 172• •
Flood Damage Prevention
Page 12
(2) All subdivision proposals shall have public utilities and
facilities such as sewer, gas, electrical, and water systems
located and constructed to minimize flood damage;
(3) All subdivision proposals shall have adequate drainage
provided to reduce exposure to flood damage; and,
(4) Base flood elevation data shall be provided for subdivision
proposals and other proposed development which contain at
least 50 lots or 5 acres (whichever is less).
SECTION 15.5. Specific Standards. In all areas of special flood
elevation data has been provided as set forth in SECTION 7, Basis
for Establishing the Areas of Special Flood Hazard or in SECTION
13.2, Use of other Base Flood Data, the following standards are
required:
SECTION 15.6. Residential Construction. New construction and
substantial improvement of any residential structure shall have
the lowest floor, including basement, elevated to or above base
flood elevation.
SECTION 15.7. Nonresidential _Construction. New construction and
substantial improvement of any commercial, industrial or other
nonresidential structure shall either have the lowest floor,
including basement, elevated to the level of the base flood
elevation; or, together with attendant utility and sanitary
facilities, shall:
(1) be floodproofed so that below the base flood level 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
that the standards of this subsection; are satisfied. Such
certifications shall be provided to the official as set forth
in SECTION 13.3(2).
SECTION 15.8. Mobile Homes. (1) Mobile homes shall be anchored in
accordance with SECTION 15.1(2)..:(2) For new mobile home parks and
mobile home subdivisions; for expansions to existing mobile home
parks and mobile home subdivisions; for existing mobile home parks
and mobile home subdivisions where the repair, reconstruction or
improvement of the streets, utilities and pads equals or exceeds
50 percent of value of the streets, utilities and pads before the
repair, reconstruction or improvement has commenced; and for mobile
homes not placed in a mobile home park or mobile home subdivision,
require that:
Ordinance No. 72
Flood Damage Pre tion
Page 13
•
(i) stands or lots are elevated on compacted fill or on
pilings so that the lowest floor of the mobile home
will be at or above the base flood level;
(ii) adequate surface drainage and access for a hauler are
provided; and,
(iii) in the instance of elevation on pilings, that:
- -lots are large enough to permit steps,
-- piling foundations are placed in stable soil no
more than ten feet apart, and
- - reinforcement is provided for pilings more than
six feet above the ground level.
(3) No mobile home shall be placed in a coastal high hazard
area, except in an existing mobile home park or an existing mobile
home subdivision.
SECTION 15.9. Coastal High Hazard Area. Coastal high hazard areas
(V Zones) are located within the areas of special flood hazard
established in SECTION 7. These areas have special flood hazards
associated with high velocity waters from tidal surges and hurricane
wave wash; therefore, the following provisions shall apply:
SECTION 15.10. Location of Structures. (1) All buildings or
structures shall be located landward of reach of the mean high
tide. (2) The placement of mobile homes shall be prohibited,
except in an existing mobile home park or mobile home subdivision.
SECTION 15.11. Construction Methods.
(1) Elevation - All buildings or structures shall be elevated so
that the lowest supporting member is located no lower than
the base flood elevation level, with all space below the
lowest supporting member open so as not to impede the flow
of water, except for breakaway walls as provided for in
SECTION 15.4.
(2) Structural support -
(i) All buildings or structures shall be securely anchored
on pilings or columns.
(ii) Pilings or columns used as structural support shall be
designed and anchored so as to withstand all applied
loads of the base flood flow.
(iii) There shall be no fill used for structural support.
Ordinance No. 72
Flood Damage Pre_ tion
page 14
•
(3) Certification - Compliance with the provisions of SECTION
15.11(1) and 15.11(2) (i) & (ii) shall be certified to by a
registered professional engineer or architect.
(4) Space Below the Lowest Floor -
(i) Any alteration, repair, reconstruction or improvement
to a structure started after the enactment of this
ordinance shall not enclose the space below the lowest
floor unless breakaway walls are used as provided for
in this section.
(ii) Breakaway walls shall be allowed below the base flood
elevation provided they are not a part of the structural
support of the building and are designed so as to
breakway, under abnormally high tides or wave action,
without damage to the structural integrity of the
building on which they are to be used.
(iii) If breakaway walls are utilized, such enclosed space
shall not be used for human habitation.
(iv) Prior to construction, plans for any structure that
will have breakaway walls must be submitted to the
Community Development Director for approval.
SECTION 15.12. Sand Dunes and Mangrove Stands. There shall be no
alteration of sand dunes or mangrove stands which would increase
potential flood damage.
PASSED AND ADOPTED by the City Council of the City of Morro
Bay at a regular meeting thereof held this 13th day of November,
1979, by the following roll call vote:
AYES: Councilmen Cantine, Harmon, Reasor, Rosenberg, and
Mayor Shelton
NOES: None
ABSENT: None
ATTEST:
DONALD F. GULUZZY, Cit/, Jerk
Aeati
NE R. SHELTON, Mayer
ORDINANCE NO. 171
AN ORDINANCE AMENDING CERTAIN SECTIONS
OF ORDINANCE NO. 157 AND TITLE 14
OF THE MORRO BAY MUNICIPAL CODE.
T H E C I T Y C O U N C I L
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as
follows:
SECTION 1. That Sections 14.16.010, 14.24.010, 14.28.010 and
14.32.010 of the Morro Bay Municipal Code are hereby amended to read
as follows:
14.16.010. The Uniform Building Code, 1979 Edition, published
by the International Conference of Building Officials, is adopted by
reference with the same force and effect as if fully set forth herein.
14.24.010. The Uniform Plumbing Code, 1979 Edition, the Uni-
form Swimming Pool Code, 1979 Edition, and the Uniform Solar Energy
Code, 1979 Edition, as published by the International Association
of Plumbing and Mechanical Officials, is adopted by reference with
the same force and effect as if fully set forth herein.
14.28.010. The Uniform Mechanical Code, 1979 Edition, as
published by the International Conference of Building Officials, is
adopted by reference with the same force and effect as if fully set
forth herein.
14.32.010 Adopted. The Uniform Housing Code, 1979 Edition,
the Uniform Code for the Abatement of Dangerous Buildings, 1979
Edition, as published by the International Conference of Building
Officials, adopted by reference with the same force and effect as
if fully set forth herein.
SECTION 2. This ordinance shall take effect thirty (30)
days after its adoption, and prior to the expiration of fifteen (15)
days from the passage thereof shall be published and circulated in
the City of Morro Bay, and thenceforth and thereafter the same shall
be in full force and effect.
PASSED AND ADOPTED by the City Council of the City of Morro Bay
at the regular meeting thereof held on this 10th day of December
1979, by the following roll call vote:
AYES:
Councilmen Cantine, Harmon, Reasor, and Mayor Shelton
NOES: None
ABSENT: Councilman Rosenberg
ATTEST:
EUGEN R. SHELTON, Mayor
DONALD F. GULUZZY` C ty Clerk
ORDINANCE NO. 170
ORDINANCE DESIGNATING NO- SMOKING AREAS IN
CERTAIN PUBLIC PLACES
AN ORDINANCE OF THE CITY OF MORRO BAY DESIGNATING NO- SMOKING
AREAS IN CERTAIN PUBLIC PLACES
THE CITY COUNCIL OF THE CITY OF MORRO BAY DOES ORDAIN AS
FOLLOWS:
SECTION 1. Purpose. Because smoking of tobacco, or any other weed
or plant, is as p s�os� tive danger to health and a cause of material
annoyance, inconvenience, discomfort, and a health hazard to those
who are present in confined places; and in order to serve public
health, safety, and welfare, the declared purpose of this chapter is
to prohibit the smoking of tobacco, or any other weed or plant, in
certain areas which are used by or open to the public.
SECTION 2. Definitions. "Smoke" or "smoking" as defined in this
chapter shall mean and include the carrying of a lighted pipe, or
lighted cigar, or lighted cigarette of any kind, or the lighting of
a pipe, cigar, or cigarette of any kind.
"Service line" shall be defined as any indoor line of two (2) or more
persons awaiting service of any kind, regardless of whether or not
such service involves the exchange of money. Such service shall in-
clude, but is not limited to, sales, giving information, directions,
or advice, and transfers of money or goods.
"Retail food production and marketing establishment" means any room,
building or place, maintained, used or operated for or in conjunction
with the retail sale of food, or preparation of food, but does not
include an eating establishment, vehicle, wholesale food manufacturing,
distribution or storage establishment, locker plant, or food establish-
ment which is open to the outside air.
SECTION 3. Prohibition in Certain Public Places. Smoking shall be
prohibited in the following places within the City of Morro Bay to the
extent the same are subject to the jurisdiction of or licensing by the
City of Morro bay:
(a) Elevators, museums, galleries, public transportation facilities
open to the public, and service lines of establishments doing
business with general public.
(b) Waiting rooms, sleeping rooms or public hallways of every private
or public health care facility, including but not limited to hos-
pitals; provided further however, that this prohibition shall not
prevent the establishment of a separate waiting room in which
smoking is permitted, as long as there also exists a waiting room
in the same facility in which smoking is prohibited. This prohi-
bition shall not apply to private rooms.
(c) Within waiting rooms, public meeting rooms, public assembly rooms,
libraries and restrooms located in all buildings owned or operated
by the City of Morro Bay, except in zones designated for smoking
by the City Administrator. Such smoking zones shall not exceed
twenty percent (20%) of the seating capacity of each room or area.
(d) Within any building not open to the sky which is primarily used
for the purpose of exhibiting any motion picture, stage drama,
lecture, musical recital or other similar performance whenever
open to the public (except when smoking is a part of a stage pro-
duction); within all restrooms; except that smoking will be allowed
in an area commonly referred to as a lobby if such lobby is
physically separated from the spectator area.
•
do
Ordinance No. 170
Designating No- Smoking Areas
in Certain Public Places
Page 2
(e) Within all public areas in every retail food production and
marketing establishment.
(f) All restrooms open for public use.
(g) Eating establishments. An owner of a restaurant, coffee shop,
cafeteria, short -order cafe, luncheonette, sandwich shop, soda
fountain, or other eating establishment, seating 50 or more
persons, must post "No Smoking" signs within the eating estab-
lishment. These no- smoking areas shall constitute not less
than 30 percent of the seating capacity of the floor space in
which customers are served. An owner of an eating establishment
who provides "No Smoking" areas within the establishment as pro-
vided hereinabove may at his discretion, cause to be posted in a
conspicuous location outside of the establishment a sign that
informs the general public that "No Smoking" areas are provided
within.
SECTION 4. Optional Prohibition. All managers and owners of any
establishments serving or doing business with the public other than
those specifically covered under Section Title "Prohibition in Certain
Places ", may at their discretion post "No Smoking" signs within various
areas of their businesses and utilize the full right of the provisions
of this ordinance, provided, however, such posting must be annualized
and consistent with their business license term.
SECTION 5. Posting of Signs. Signs which designate smoking or no
smoking area established by this ordinance shall be clearly, suffi-
ciently, and conspicuously posted in every room, building entrance or
other place so covered by this ordinance. The manner of such posting
including the wording, size, color, design, and place of posting
whether on the walls, doors, tables, counters, stands, or elsewhere
shall be at the discretion of the owner, operator, manager, or other
person having control of such room, building, or other place so long
as clarity, sufficiency, and conspicuousness are apparent in communi-
cating the intent of this ordinance.
SECTION 6. Governmental' Agency Cooperation. The City Administrator
shall annually request such governmental and educational agencies in-
volved with their specific business within the City of Morro Bay to
establish local operating' procedures to cooperate and comply with
this ordinance. In Federal, State, County, and special school dis-
tricts within the city, the City Administrator shall urge enforcement
of their existing no- smoking prohibitions and request cooperation with
this ordinance.
SECTION 7. Enforcement.
(a) The City Administrator shall be responsible for compliance with
this chapter when facilities which are owned, operated, or leased
by the City of Morro Bay, are involved. In all other respects,
the City Police Chief shall be responsible for enforcing this
ordinance. The City Administrator shall provide business license
applicants with copies of this chapter.
Ordinance No. 170
Designating No- Smoking Areas
in Certain Public Places
Page 3
(b) The owner, operator, or manager of any facility, business, or
agency covered by this ordinance shall comply with this chapter
as a requirement of receiving a business license to operate in
the City of Morro Bay. Such owner, operator, or manager shall
post, or cause to be posted, all "No Smoking" signs required by
this chapter.
SECTION 8. Violations and Penalties. Any person who violates any
provision of this chapter by smoking in a posted "No Smoking" area,
or by failing to post or cause to be posted a "No Smoking" sign re-
quired by this chapter is guilty of an infraction and, upon convic-
tion thereof, shall be punished by a fine of not less than ten dollars
($10) nor more than one hundred dollars ($100).
SECTION 9. Severability. If any provision, clause, sentence, or para-
graph of this chapter or the application thereof to any person or cir-
cumstances shall be held invalid, such invalidity shall not effect the
other provisions or application of the provisions of this chapter which
can be given effect without the invalid provision or application, and
to this end the provisions of this chapter are hereby declared to be
severable.
PASSED AND ADOPTED by the City Council of the City of Morro Bay
at a regular meeting thereof held this llth day of September
1979, by the following roll call vote:
AYES:
NOES:
Councilmen Harmon, Reasor, Rosenberg, and Mayor Shelton
None
ABSENT: Councilman Cantine
ATTEST:
GULUZZY, DONALD F. GULUZZY lerk.
• •
ORDINANCE NO. 169
ORDINANCE AMENDING SECTION 13.04.360 OF
THE MUNICIPAL CODE RELATING TO
THE RATE OF WATER SUPPLIED THROUGH FIRE HYDRANT METERS
T H E C I T Y C O U N C I L
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as
follows:
SECTION 1: The first paragraph, last sentence, of section
13.04.360 is hereby amended to read:
"In addition to the above charges, water supplied through
fire hydrant meters shall be charged at a rate of fifty
cents per one hundred cubic feet."
PASSED AND ADOPTED by the City Council of the City of Morro
Bay at a regular meeting thereof held this 30th day of May
1979, by the following roll call vote:
AYES: Councilmen Cantine, Reasor, Rosenberg, and Mayor Shelton
NOES: None
ABSENT: Councilman Harmon
ADOPTED:May 30, 1979
ATTEST:
DONALD F. GULUZZY, Ci•' Clerk
E R. SHELTON, Mayor
1
ORDINANCE NO. 168
ORDINANCE ESTABLISHING
HARBOR ADVISORY BOARD
AN ORDINANCE OF THE CITY OF MORRO BAY ESTABLISHING A HARBOR
ADVISORY BOARD
THE CITY COUNCIL OF THE CITY OF MORRO BAY DOES ORDAIN AS
FOLLOWS:
SECTION 1. Established. There is created a Harbor Advisory Board
consisting of five members.
SECTION 2. Qualifications. The members and alternates of the Harbor
Advisory Board shall be qualified electors of the city and shall serve
without compensation. They shall hold no other public office in the
city and include one member and one alternate selected from the
following interests: commercial fishing, sports fishing, marine
suppliers, fish processing, and water - related businesses.
SECTION 3. Terms of Office and Vacancies. Regular members and alter-
nates of the Harbor Advisory Board shall serve for a period of two
years beginning May 1st following a regular municipal election. Vacan-
cies in the Harbor Advisory Board occurring otherwise then by expira-
tion of the term shall be filled in the manner hereinafter set forth
for appointments. All members and alternates shall serve at the
pleasure of the City Council.
SECTION 4. Appointments. Appointments for the Harbor Advisory Board
and the filling of vacancies shall be made by the City Council. Vacan-
cies shall be filled for the unexpired term only.
SECTION 5. Organization. At its first regular meeting following
appointment, the members of the Harbor Advisory Board shall elect a
chairperson and a vice chairperson, who shall hold office for one year.
The chairperson shall preside over meetings, and otherwise direct the
affairs of the Board. In the absence of the chairperson, the duties
of this office shall be performed by the vice chairperson.
SECTION 6. Procedure. The Harbor Advisory Board shall adopt rules
and regulations to govern procedures and shall set a time for regular
meetings which will be held at least once a month. Alternates will
have full voting power in the absence of the Board members whom they
represent.
SECTION 7. Quorum. The majority of the members shall constitute a
quorum.
SECTION 8. Absence from Meetings. Absence of a member from three
consecutive meetings, without the formal consent of the Harbor Advisory
Board noted in its official minutes, constitutes the voluntary resigna-
tion of such absent member and the position shall be declared vacant.
SECTION 9. Secretary Minutes. The Harbor Advisory Board Chairman shall
appoint a secretary from among its members who shall maintain accurate
minutes of the activities and official actions of the Harbor Advisory
Board.
SECTION 10. Duties and Responsibilities. The duties and responsibi-
lities of the Harbor Advisory Board shall be to:
• •
Ordinance No. 168
Harbor Advisory Board
Page 2
(1) Act in an advisory capacity to the City Council in all matters
pertaining to the harbor and to cooperate with other govern-
mental agencies and civic groups in the advancement of sound
harbor operation and planning.
(2) Formulate policies on the harbor for approval by the City
Council.
(3) Meet with the City Council at least once a year to discuss
policies, programs, budgeting, future needs, or other matters
directed toward improving harbor facilities and services.
(4) Make periodic evaluations of existing harbor services and needs.
(5) Recommend to the City Council the development of needed harbor
facilities, programs, and related city services.
(6) Advise the Public Works Director in the preparation of the
annual harbor budget and a long -range harbor capital improvement
program.
(7) Recommend rules and regulations concerning the use of the harbor
consistent with ordinances of the city.
PASSED AND ADOPTED by the City Council of the City of Morro Bay
at a regular meeting thereof held this h day of May ,
1979, by the following roll call vote:
AYES: Councilmen Cantine, Harmon, Reasor, Rosenberg, and
Mayor Shelton
NOES: None
ABSENT: None
ATTEST:
DONALD F. GULUZZY, y Clerk
NE R. SHELTON, Mayor
4
ORDINANCE NO. 167
ORDINANCE CONCERNING THE TRANSPORTATION OF
RADIOACTIVE MATERIALS IN THE CITY OF MORRO BAY
Be it ordained by the Council of the City of Morro Bay:
SECTION 1. No person shall transport into or through the City of
Morro Bay, unless a permit is obtained as herein provided, any
quantity of radioactive material specified as follows:
(1) Plutonium isotopes in any quantity and form exceeding
two grams or 20 curies, whichever is less;
(2) Uranium enriched in the isotope U -235 exceeding 25 atomic
percent of the total uranium content in quantities where
U -235 content exceeds one kilogram;
(3) Any of the actinides (i.e., elements W/89 or greater)
the activity of which exceeds 20 curies;
(4) Spent reactor fuel elements or mixed fission products
associated with such spent fuel elements the activity
of which exceeds 20 curies; or
(5) Any quantity of radioactive material specified as "a large
quantity" by the Nuclear Regulatory Commission in 10 CFR
Part 71, entitled: "Packaging of Radioactive Material
for Transport ", unless such person has been granted a per-
mit to transport such materials from the Director of
Health of the City of Morro Bay which permit shall be
subject to the approval of the Council of the City of
Morro Bay. This is not intended to apply to small quan-
tities of specified radioactive materials intended for
theraputic radiology and biomedical research or educa-
tional purposes.
SECTION 2. At least two weeks prior
materials such person shall apply to
permit. No fee will be required for
shall provide the Director of Health
to the transportation of such
the Director of Health for a
said permit. Said application
with the following information:
(a) name of shipper
(b) name of carrier
(c) type and quantity of radioactive material or waste
(d) proposed date and time of shipment
SECTION 3. The Director of Health shall determine appropriate pro-
tectors and safeguards with respect to such shipments consistent with
Sections 2, 4, and 5, which protectors and safeguards must be adhered
to by the party to whom such permit has been granted.
SECTION 4. The Director of Health shall not issue a permit to any
person for the shipment or transportation of the radioactive mate-
rials specified in this ordinance, unless: there is a showing that
the radioactive material will be containerized and packaged and all
warning labels affixed to the outer container holding the radio-
active material and the motor vehicle transporting such material, in
0
Ordinance No. 167
Transportation of Radioactive
Materials in the City of Morro Bay
PAGE 2
conformity with the regulations of the United States Department
of Transportation, United States Nuclear Regulatory Commission,
or other related federal or state agencies regardless of whether
the shipment is being made intracity, intrastate, or interstate.
SECTION 5. Radioactive materials which are permitted to be shipped
or transferred through the City of Morro Bay pursuant to this ordi-
nance shall be shipped or transported through the City over such
route or routes, and at such time or times of the day, consistent
with the public health, safety, and welfare of the City, as the
Director of Health may direct.
SECTION 6. This ordinance shall not apply to radioactive material
shipped by or for the United States Government for military or
national security purposes or which are related to national defense.
Nothing herein shall be construed as to require the disclosure of
any defense information or restricted data as defined in the Atomic
Energy Act of 1954 and the Energy Reorganization Act of 1974, as
amended.
SECTION 7. Any person who violates any provision of this ordinance
shall be deemed guilty of a misdemeanor, and upon conviction thereof
shall be punishable by a fine not exceeding five hundred dollars
or by imprisonment in the county jail for a period not exceeding six
months, or by both such fine and imprisonment.
PASSED, APPROVED, AND ADOPTED this 29th day of May , 1979,
by the following roll call vote:
AYES: Councilmen Harmon, Reasor, Rosenberg, and Mayor Shelton
NOES: Councilman Cantine
ABSENT: None
ATTEST:
i�2?c__ C�f1lCf e'
,'T
R. SHELTON, Mayor
ORDINANCE NO. 166
AN ORDINANCE AMENDING CHAPTER 13.20 OF TITLE 13
OF THE MORRO BAY MUNICIPAL CODE WHICH
ADOPTED A BUILDING LIMITATION ORDINANCE
T H E C I T Y C O U N C I L
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as
follows:
- SECTION 1: That Sections 13.02.010, 13.20.020, 13.20.030,
13.20.040, 13.20.050, 13.20.060, 13.20.070, 13.20.080, 13.20.09C-
13.20.100, 13.20.100, 13.20.110, 13.20.120, and 13.20.130 are re-
pealed in their entirety and the following substituted in lieu
thereof:
SECTION 13.02.010 DEFINITIONS
A. Water Equivalency Unit: A units of water use equal to
the average amount of water used by a single family
residence over the period of one year.
Water Equivalency Units are established to assist the
City of Morro Bay in regulating the annual addition of
new water users to the City's limited water system.
Since 1977, one Water Equivalency Unit has been con-
sidered as equal to 10,780 cubic feet of water per year.
B. Water Equivalency Program: A program adopted in
January of each year that establishes the total number
of Water Equivalency units to be allocated for the coming
year, and the method of dispersing and administering
Water Equivalency Units throughout the year.
C. Water Equivalency Table: A table that ranks the average
annual water use of different land uses that is used in
calculating how many Water Equivalency units a proposed
project needs.
SECTION 13.20.020 RESPONSIBILITIES OF THE PLANNING DIRECTOR
A. The Planning Director is charged with:
(1) Submitting an annual report to the City Council
and Planning Commission pursuant to Section
13.20.050.
(2) Calculating the Water Equivalency Units required
by individual developments for which Building
Permit applications are made.
(3) Monitoring the Water Equivalency Program during
each year.
(4) Periodically updating the basis for a Water Equiva-
lency Unit and the Water Equivalency Table and ad-
justing them based on significant changes of water
consumption by land use type.
Ordinance No. 166
Building Limitation
Page 2
SECTION 13.20.030 RESPONSIBILITIES OF THE PLANNING COMMISSION
A. The Planning Commission is charged with:
(1) Reviewing the Planning Director's annual report
and recommending a Water Equivalency Program to
the City Council.
(2) Allocating the Water Equivalency Units established
for the year to projects that have applied for
building permits.
SECTION 13.20.040 RESPONSIBILITIES OF THE CITY COUNCIL
A. In January of each year, the City Council shall adopt a
water Equivalency Program for that year by resolution.
SECTION 13.20.050 SUBMISSION OF ANNUAL REPORT BY THE PLANNING DI2ECTOR
A. In December of each year, the Planning Director shall
submit a report to the City Council and Planning Commis-
sion. This report shall:
(1) Evaluate the Water Equivalency Program during the
previous year.
(2) Review the Water Equivalency Ordinance and suggest
improvements to it.
(3) Recommend a Water Equivalency Program for the ap-
proaching year.
B. The Planning Director shall consider the following factors
when developing and recommending a Water Equivalency Pro-
gram:
(1) The historical ratios for building permit categories
shown below:
(a) Single - family residential 65.07%
(b) Duplex - family residential 4.59%
(c) Multiple - family residential 26.12%
(d) Commercial structures 6.22%
(2) Characteristics of water use and building permits
during the previous year.
(3) The goals and policies of the Land Use Element and
Housing Element as they relate to the management of
growth and composition of housing types.
(4) Special conditions such as moratoriums or resource
constraints that may affect the development of
Morro Bay or any of its neighborhoods.
C. The Planning Commission shall consider this report and
forward it to the City Council with its recommendations.
•
Ordinance No. 166
Building Limitation
Page 3
The City Council shall thereafter hold a public hearing
and shall take action to adopt a Water Equivalency Pro-
gram for the year pursuant to Section 13.20.1010 of this
Ordinance.
SECTION 13.20.060 WATER EQUIVALENCY TABLE
A. A Water Equivalency Table shall be developed and incor-
porated in this Ordinance by resolution as Exhibit "A ".
The Water Equivalency Table shall rank the average annual
water use of different land uses and building types re_a-
tive to that of a single - family dwelling, and shall be
expressed in Water Equivalency Units.
B. The Water Equivalency Table shall be followed when calcu-
lating the Water Equivalency Units needed by individual
projects that apply for building permits during the year.
The average water use per building type shall be peri-
odically updated and the Water Equivalency Table shall be
adjusted to reflect changes in water use and incorporated
in this Ordinance by resolution.
SECTION 13.20.070 ALLOCATION OF WATER EQUIVALENCY UNITS TO PROPOSED
BUILDING PROJECTS
A. Applications for building permits will be received and
reviewed by the Planning Department only if there are
Water Equivalency Units available for.allocation to the
proposed building use.
B. If Water Equivalency Units are available for the type of
building proposed, a completed application for a building
permit shall be submitted to the Planning Department. The
Planning Department shall determine the number of Water
Equivalency units needed by the proposed project using the
Water Equivalency Table, and forward the project to the
Planning Commission.
C. The Planning Commission shall allocate the required Water
Equivalency Units to the proposed project only if it can
make the following findings:
(1) The project is consistent with City Planning regula-
tions.
(2) There are enough Water Equivalency Units available
to be allocated to the specific type of building
for which application has been made.
(3) A Water Equivalency Unit allocation to the proposed
project is consistent with the Water Equivalency
Program adopted for the year.
D. Building Permit applications will be reviewed by the
Planning Department and considered for Water Equivalency
allocations on the basis of time and the date of recei•t
of the completed application by the Planning Department.
Ordinance No. 166
Building Limitation
Page 4
SECTION 13.30.080 NONTRANSFERABILITY OF WATER EQUIVALENCY UNITS
A. A Water Equivalency Unit shall be awarded only to a
specific project in a specific location for which
application for a building permit has been made.
B. A Water Equivalency Unit that has been allocated to
a specific project cannot be transferred to another
project, property, or person.
SECTION 13.020.090 TIME LIMIT FOR USING WATER EQUIVALENCY UNITS
A. If Water Equivalency Units have been awarded to a pro-
ject by the Planning Commission, construction must com-
mence within 120 days after all necessary permits have
been granted to the project, and the application for
all necessary permits and construction shall proceed
with due diligence.
B. Extensions of this time limit or reissuance of expired
Water Equivalency Units can be granted by the Planning
Commission only if the applicant can prove to the satis-
faction of the Planning Commission that application for
all necessary permits and construction Were delayed due
to extreme hardship. In all cases the Water Equivalency
Permit shall expire two years from the date it is issued.
PASSED AND ADOPTED by the, City Council of the City of Morro Bay
at a regular meeting thereof held this 14th day of May
1979, by the following roll call vote:
AYES:
Councilmen Cantine, Harmon, Reasor, Rosenberg, and Mayor
Shelton
NOES: None
ABSENT: None
ATTEST:
C^ lZ] L L .
DONALD F. G LUZZ , City
tiGENE R. SHELTON, ayor
0
SCHEDULE A
WATER EQUIVALENCY TABLES
Type of Use Water Equivalency
Single - family residence
Duplex (each unit)
Apartment Unit
Condominium Unit
Mobile Home Unit
Motel Unit
Art Gallery
Bank
Barber & Beauty Shop
Car Wash
Church
Day Nursery
Dental Office
Drug Store
Food & Gas Convenience Outlet
Garage
Laundromat
Marine Supply
Office (small)
Office (Real Estate)
Oyster Processing
R.V. Park Spaces
Restaurant (Regular)
Restaurant (fast food /no dishwasher)
Rest Care Facility (per room)
Retail Outlets (small shops)
1.00
. 36
. 54
. 54
. 54
.60
.11
. 93
1.22
3.98
.39
1.98
1.01
. 48
. 34
.27
21.97
. 52
. 12
.25
6.76
.17
6.48
2.16
59.96
. 15
Service Station 1.86
Supermarket 1.95
If a proposed project does not fall clearly within any one of the
above types of use, the Planning Director will investigate and
estimate the predicted water use of the project and accordingly
assign that project its own Water Equivalency.
DFG:KG:eop
•
ORDINANCE NO. 165
AN ORDINANCE AMENDING SECTION 10.80.030
OF THE MORRO BAY MUNICIPAL CODE
T H E C I T Y C O U N C I L
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as
follows:
SECTION 1: The following Section D is hereby added to
Section 10.08.030 of the Municipal Code of the City of Morro Bay:
D. In the event a vehicle is removed, the Police Department
shall promptly give notice to the legal and registered owner by
certified mail, return receipt requested. Any party claiming an
interest in the vehicle shall have,the right to request and imme-
diate hearing before the City Administrator on the question of
whether or not there are adequate facts to support the removal of
the vehicle. If the seizure of the vehicle is not supported by
adequate facts or if the owner establishes, by affidavit, ownership
and inability to pay the lien charges, the vehicle shall be returned
to the owner upon satisfactory proof of ownership. Any person may,
within 10 days appeal the decision of the City Administrator to
the City Council by a written notice filed with the City Clerk re-
questing a hearing before the City Council.
PASSED AND ADOPTED by the City Council of the City of Morro
Bay at a regular meeting thereof held this 14th day of May
1979, by the following roll call vote:
AYES: Councilmen Cantine, Harmon, Reasor, Rosenberg, and Mayor
Shelton
NOES: None
ABSENT: None
ATTEST:
1
DONALD F. GULUZZY, Citrk
- _
EUGENE -; . /�
�jENE R. SHELTON, Mayor-
6
ORDINANCE NO. 164
ORDINANCE PROVIDING FOR THE PURCHASE OF
SUPPLIES AND EQUIPMENT
AN ORDINANCE OF THE CITY OF MORRO BAY PROVIDING FOR THE
PURCHASE OF SUPPLIES AND EQUIPMENT.
THE CITY COUNCIL OF THE CITY OF MORRO BAY DOES ORDAIN AS
FOLLOWS:
Chapter 3.08 Purchase and Sale of Supplies and Equipment, section
3.08.010 through 3.08.210 are hereby repealed and the following
sections are adopted in lieu thereof:
SECTION 1. Adoption of Purchasing System. In order to establish
efficient procedures for the purchase of supplies and equipment, to
secure for the City supplies and equipment at the lowest possible
cost commensurate with quality needed, to exercise positive financial
control over purchases, to clearly define authority for the purchasing
function and to assure the quality of purchases, a purchasing system
is hereby adopted.
SECTION 2. Centralized Purchasing Department. There is hereby
created a centralized Purchasing Department in which is vested
authority for the purchase of supplies and equipment.
SECTION 3. Purchasing Agent. There is hereby created the position
of Purchasing Agent. He shall be appointed by the City Administrator.
The Purchasing Agent shall be the head and have general supervision of
the Purchasing Department. The duties of Purchasing Agent may be com-
bined with those of any other office or position. The Purchasing Agent
shall have the authority to:
(a) Purchase or contract for supplies and equipment required
by any using agency in accordance with purchasing proce-
dures prescribed by this ordinance, such administrative
regulations as the Purchasing Agent shall adopt for the
internal management and operation of the Purchasing
Department and such other rules and regulations as shall
be prescribed by the City Administrator.
(b) Negotiate and recommend execution of contracts for the
purchase of supplies and equipment.
(c) Act to procure for the City the needed quality in sup-
plies and equipment at least expense to the City.
(d) Discourage uniform bidding and endeavor to obtain as
full and open competition as possible on all purchases.
(e) Prepare and recommend to the City Council rules governing
the purchase of supplies and equipment for the City.
(f) Prepare and recommend to the City Council revisions and
amendments to the purchasing rules.
(g) Keep informed of current developments in the field of
purchasing, prices, market conditions and new products.
(h) Prescribe and maintain such forms as reasonably necessary
to the operation of this ordinance and other rules and
regulations.
(i) Supervise the inspection of all supplies and equipment
purchased to ensure conformance with specifications.
•
Ordinance No. 164
Page 2
(j) Transfer surplus or unused supplies and equipment between
departments as needed, or sell surplus supplies and equip-
ment to interested private and /or public agencies or vendors.
(k) Maintain a Bidders' List, Vendors Catalog file and records
needed for the efficient operation of the Purchasing Depart-
ment.
SECTION 4. Exemptions from Centralized Purchasing. The Purchasing
Agent may authorize, in writing, any agency to purchase specified
supplies and equipment independently of the Purchasing Department;
but he shall require that such purchases shall be made in conformity
with the procedures established by this ordinance, and shall further
require periodic reports from the agency on the purchases made under
such written authorization.
SECTION 5. Estimates of Requirements. All using agencies shall file
detailed estimates of their requirements in supplies and equipment in
such manner, at such time, and for such future periods as the Purchasing
Agent shall prescribe.
SECTION 6. Requisitions. Using agencies shall submit requests for
supplies and equipment to the Purchasing Agent by standard requisition
forms, or by other means as may be established by the Purchasing Rules
and Regulations.
SECTION 7. Bidding. Purchase of supplies, equipment, materials, and
? Public Works projects shall be by bid procedures pursuant to Sections
10 and 11 hereof. Bidding or open market procedure may be dispensed
with only when an emergency requires that an order be placed with the
nearest available source of supply, or when the amount involved is
less than $500.00, or when the commodity can be obtained from only
one vendor.
SECTION 8. Purchase Orders. Purchases of supplies and equipment shall
be made only by purchase orders. Except as otherwise provided herein,
no purchase order shall be issued unless the prior approval of the
Purchasing Agent or his designated representative has been obtained.
SECTION 9. Encumbrance of Funds. Except in cases of emergency or
in cases where specific authority has been first obtained from the
City Administrator, the Purchasing Agent shall not issue any purchase
order for supplies or equipment unless there exists an unencumbered
appropriation in the fund account against which said purchase is to
be charged.
SECTION 10. Formal Contract Procedure. Except as otherwise provided
herein, purchases of supplies and equipment of an estimated value
greater than $5,000.00 shall be by written contract with the lowest
responsible bidder pursuant to the procedure hereinafter prescribed.
(a) Notice Inviting Bids. Notices inviting bids shall include
a general description of the articles to be purchased,
shall state where bid blanks and specifications may be
secured, and the time and place for opening bids.
(1) Published Notice. Notices inviting bids shall be
published at least ten (10) days before the date
of opening of the bids. Notices shall be published
at least once in a newspaper of general circulation,
printed and published in the City, or if there is
none, it shall be posted in at least three public
places in the City that have been designated by
ordinance as the places for posting public notices.
• •
Ordinance No. 1E4
Page 3
(2) Bidders' List. The Purchasing Agent shall also solicit
sealed bids from all responsible prospective suppliers
whose names are on the Bidders' List or who have made
written request that their names be added thereto.
(3) Bulletin Board. The Purchasing Agent shall also adver-
tise pending purchases by a notice posted on a public
bulletin board in the City Hall.
(b) Bidder's Security. When deemed necessary by the Purchasing
Agent, bidder's security may be prescribed in the public
notices inviting bids.
(4) Bidders shall be entitled to return of bid security;
provided, however, that a successful bidder shall for-
feit his bid security upon his refusal or failure to
execute the contract within ten (10) days after the
notice of award of contract has been mailed, unless
in the latter event the City is solely responsible
for the delay in executing the contract. The City
Council may, on refusal or failure of the successful
bidder to execute the contract, award it to the next
lowest responsible bidder. If the City Council awards
the contract to the next lowest bidder, the amount of
the lowest bidder's security shall be applied by the
City to the contract price differential between the
lowest bid and the second lowest bid, and the surplus,
if any, shall be returned to the lowest bidder. If
the City Council rejects all bids presented and re-
advertises, the amount of the lowest bidder's security
may be used to offset the cost of receiving new bids
(and the surplus, if any, shall be returned to the
lowest bidder).
(c) Bid Opening Procedure. Sealed bids shall be submitted to
the Purchasing Agent and shall be identified as "Bids" on
the envelope. Bids shall be opened in public at the time
and place stated in the public notices. A tabulation of
all bids received shall be opened for public inspection
during regular business hours for a period of not less
than thirty (30) calendar days after the bid opening.
(d) Rejection of Bids. In its discretion, the City Council
may reject any and all bids presented and re- advertise
for bids pursuant to the procedure hereinabove prescribed.
(e) Award of Contracts. Except as otherwise provided herein,
contracts shall be awarded by the City Council to the
lowest responsible bidder.
(f) Tie Bids. If two or more bids received are for the same
total amount or unit price, quality and service being
equal, and if the public interest will not permit the
delay or re- advertising for bids, the City Council may in
its discretion accept the one it chooses or accept the
lowest bid made by and after negotiation with the tie
bidders at the time of the bid opening.
(g) Performance Bonds. The City Council shall have authority
to require a performance bond before entering a contract
in such amount as it shall find reasonably necessary to
protect the best interests of the City. If the City
Council requires a performance bond, the form and amount
of the bond shall be described in the notice inviting bids.
•
Ordinance No. ;,164
Page 4
SECTION 11. Open Market Procedure. Purchase of supplies and equip-
ment of an estimated value in the amount of $5,000.00 or less may
be made by the Purchasing Agent in the open market pursuant to the
procedure hereinafter prescribed and without observing the procedure
prescribed in Section 10 hereof; provided, however, all bidding may
be dispensed with for purchases of supplies and equipment having a
total estimated value of less than $500.00.
(a) Minimum Number of Bids. Open market purchases shall,
wherever possible, be based on at least three bids,
and shall be awarded to the lowest responsible bidder.
(b) Notice Inviting Bids. The Purchasing Agent shall soli-
cit bids by written requests to prospective vendors, by
telephone, and by public notice posted on a public bulle-
tin board in the City Hall.
(c) Written Bids. Sealed written bids shall be submitted to
the Purchasing Agent who shall keep a record of all open
market orders and bids for a period of one year after the
submission of bids or the placing of orders. This record,
while so kept, shall be open to public inspection.
(d) Solicitation of Quotations. The Purchasing Agent or his
designee shall solicit quotations for the purchase of all
goods and services above $500.00. Said quotations may be
solicited by telephone or in writing but must be documented
and attached to each purchase order at the time of issuance.
Written quotations shall be required for all purchases
exceeding $1,000.00 in value.
SECTION 12. Inspection and Testing. The Purchasing Agent shall in-
spect supplies and equipment delivered to determine their conformance
with the specifications set forth in the order. The Purchasing Agent
shall have authority to require chemical and physical tests of samples
submitted with bids and samples of deliveries which are necessary to
determine their quality and conformance with specifications.
SECTION 13. Surplus Supplies and Equipment. All using agencies shall
submit to the Purchasing Agent, at such times and in such forms as he
shall prescribe, reports showing all supplies and equipment which are
no longer used or which have become obsolete or worn out. The Pur-
chasing Agent shall have authority to exchange for or trade in on new
supplies and equipment all supplies and equipment which cannot be used
by any agency or which have become unsuitable for City use.
SECTION 14. Severability. If any section, subsection, subdivision,
sentence, clause or phrase of this ordinance is for any reason held
to be unconstitutional or otherwise invalid, such invalidity shall
not affect the validity of the entire ordinance or any of the remaining
portions thereof. The City Council hereby declares that it would have
passed this ordinance, and each section, subsection, subdivision, sen-
tence, clause and phrase hereof, irrespective of the fact that any one
or more sections, subsections, subdivisions, sentences, clauses or
phrases be declared unconstitutional or otherwise invalid.
SECTION 15. Effective Date. This ordinance shall take effect upon
passage and adoption by the City Council as prescribed by law.
•
Ordinance No. 164
Page 5
PASSED, APPROVED, AND ADOPTED this 23rd day of April
1979, by the following roll call vote:
AYES: Councilmen Cantine, Hannon, Reasor, Rosenberg, and Mayor Shelton
NOES: None
ABSENT: None
ATTEST:
DONALD F. GULUZZY, City f'rk
EUGENE R. SHELTON, Mayor
ORDINANCE NO.(163
AN ORDINANCE ADDING CHAPTER 9.16 TO TITLE 9,
OF THE MUNICIPAL CODE OF THE CITY OF MORRO BAY,
RELATING TO GUN CONTROL
THE CITY COUNCIL OF THE CITY OF MORRO BAY DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. That Chapter 9.16.010 - Gun Control
is hereby added to Title..9 to read as follows:
9.16.010 Gun Control. No person, other than a duly
appointed Peace 'Officer or persons summoned by such duly
appointed officer to assist.in making arrests or preserving
the peace while such person is actually engaged in assisting
such officer, shall bring a firearm into or possess a
firearm within the Council Chambers of the City of Morro
Bay, within the City Hall of the City of Morro Bay or
within any hearing room in which the Council is conducting
an adjourned or special meeting.
PASSED, APPROVED AND ADOPTED this 9th day of
April , 1979, by the following roll call vote:
AYES : Councilmen Cantine, Harmon, Reasor, Rosenberg, and Mayor Shelton
NOES : None
ABSENT: None
ATTEST:
DONALD GULUZZY
City Clerk
E'SHELTON., 'eyor
ORDINANCE NO. 162 - -;
AN INTERIM URGENCY ORDINANCE OF THE CITY OF
MORRO BAY ESTABLISHING A MORATORIUM ON
THE CONVERSION OF MULTIPLE FAI-IILY DWELLINGS
TO CONDOMINIUMS
T H E C I T Y C O U N C I L
City of Morro Bay,,California
The City Council of the City of Morro Bay does
ordain as follows:
WHEREAS, the City Council recognizes the difference
in purpose and function between apartment buildings, condominium
housing, and community apartment projects, and that each should
have distinct design standards; and
WHEREAS, the City Council recognizes the problems which
may occur if all apartment buildings are eligible for conversion
to condominiums or community. apartment projects; and
WHEREAS, the City Council is aware of the substantial
shortage of rental housing in the community and the need for
housing which is available for all types of households with
varied incomes; and
WHEREAS, the City Council, to protect the public health,
safety, and welfare, is considering a revision to the zoning
regulations to establish standards for condominiums and a
condominium conversion ordinance to regulate the conversion of
multiple family dwellings to condominiums or community apartment
projects; and
WHEREAS, any conversion of apartment buildings to
condominiums may conflict with regulations and standards which
are ultimately adopted; and
WHEREAS, Section 65858 of the California Government
Code authorizes the adoption of an interim ordinance as an emergency
measure in prohibiting any usage of land which may be in conflict
with a contemplated zoning proposal which the legislative body
or planning commission is considering or studying or intends to
study within a reasonable period of time.
NOW, THEREFORE, BE IT ORDAINED by the Council of the
City of Morro Bay as follows:
SECTION 1. Notwithstanding any provision now contained
in the Morro Bay Municipal Code, a moratorium is hereby imposed
for a period of four (4)'mbnths following the adoption of this
ordinance on the acceptance and processing of applications for and
on the approval of the Conversion of apartment buildings to
condominium §.or community apartment projects in order to provide
adequate, tiMe for the City Council to consider and take action on
the recommended housing element and to;study zoning regulations
and adopt regulations for the conversion of apartment buildings
to condominiums or community apartment projects in order to protect
the public health, safety and welfare.
SECTION 2. Declaration of emergency.
This ordinance is declared to be an ordinance for the
immediate protection of the public health, safety and general
welfare. The facts constituting the urgency are as follows:
The adoption of this ordinance on an emergency interim
basis pursuant to Section 65858 of the Government Code is based
upon findings by the Council that an emergency measure is needed to
prohibit conversion of apartment buildings to condominiums or
community apartment projects which may be in conflict with a
contemplated zoning proposal which the City Council, or planning
commission is considering or studying or intends to study within
a reasonable period of time.
SECTION 3 Effective date.
This ordinance being an emergency ordinance for the
immediate protection of the public safety, health and general
welfare, containing a declaration of the facts constituting the
urgency and passed by a four - fifths (4/5) vote of the council
shall take effect immediately upon its adoption and shall
continue in effect for a period of no longer than four (4)
months; provided, however, that after notice pursuant to Section
65858 of the Government Code and a public hearing, the Council
may extend the effectiveness of this interim ordinance for a
period of eight (8) additional months.
The City Clerk'shall cause this ordinance to be published
once within five (5):days in a newspaper of general circulation,
but delay in publication, or even failure to publish, shall not
affect the. validity' of the ordinance.
INTRODUCED AND FINALLY PASSED by the Council of the
City of Morro Bay at an adjourned meeting thereof held on the
128'th day of February, 1979, on motion of Councilman Cantine,
seconded by Councilman Harmon , and on the following roll
call vote:
AYES: Councilmen Cantine, Harmon, Reasor, Rosenberg, and
Mayor Shelton,
NOES: None
ABSENT: None
ATTEST:
•
Ci rk DONA . GULUZZY
-2-
NE R S ELTON Mayor
GOVERNMENT CODE $ ^65858
'e of planning commission . out a zone change cramento Count
ob or any other amendment to Boning ordl- C.A.7d 99. y (1918) BB CeLRptr. 94, 259
t. be nonce Richter v. Board of SuD're of fa-
{ 65858 Interim ordinances ..emergency measures
•
the Without following the procedures otherwise
• of a zoning ordinance, the legislative body, to prate t the public to the adoption , heath
and welfare may y protect the public safety health
the y opt as an urgency
any uses which may be In conflict e
with a contemplated zoning pro owl which
ad- ch
of the legislative body, planning commission or the planning department is consider-
ing or studying or Intends to study within a reasonable time. Such urgency meas-
67
ure shall require a four - fifths vote of the legislative body for adoption. Such In-
terim ordinance shall be of no further force and effect
• • • four
the date of adoption thereof; provided, however, that after notice e pursua from
x to
Section 85858 and public hearing, the legislative body may .• • • extend end s such
Interim ordinance for eight months and subsequently extend such Interim ordinance
for one year. Any such extension shall also require n four - fifths vote for adop-
tion. Not more than the two such extensions may be adopted. Alternatively, an
Interim
ordinance trm
tall nil ce may be adopted by a four - fifths vote following notice pursuant
or- to Section 85850 and public hearing, in which case It shall be of no further force
be and effect one year from the date of adoption thereof; provided, however, that after
led
notice pursuant to Section 05858 and public hearing, the legislative body may by a
four -fifths vote extend such interim ordinance for one year. When any such In-
terim ordinance has been adopted, every subsequent ordinance adopted pursuant to
this section, covering the whole or a part of the same property, shall automatically
to terminate and be of no further force or effect upon the termination of the first
such ordinance or any extension thereof as herein provided.
(Amended by Stat8.1087, e. 308, p. 1505, g 1; Stats.1071, c. 187, p. 256, f 1.) .
Ity 1967 Amendment Added penultimate manent procedure as applied to service sta. 1116 sentence.
1971 Amendment. Substituted In the tyO wasnattempting no frustrate that coun-
06, third sentence. "four months" for "90 developer or that administrative wept tin and
Ct. days" following no further force and ef-
fect "; deleted, from the subsequent legislative action was dldeapit-
third sentence, provisoao of nalory, arbitrary and confiscatory , despite
the words "by contention that
fifths vote" following the legislative body ermit was applied before for and and inserted the words eight in law should Richfield been Co. . Board of
of months and subsequently extend such In- Supp rs of Sacramento County (1974) 115
me terim ordinance for" preceding the words Ca1.Rptr. 731 40 C.A.zd 1059.
n tenyr ed the fourth sea-
and insert
ee.� ordinances orblneea which were adopted
8 Format as emergency measures and which permit-
Cur See West's California Code tad construction of high rise permanent
Forma Government. building In area zoned for maximum' height
to law Review Commentaries limit of 60 feet were Invalid as designed -to
.II- Coastal Zone Conservation Act. (1974) 4 circumvent statutory scheme of community
Golden Gate L.Rev. 107. ) development by misuse of thle - section
ed Innovative land regulation and tom re- which- was framed to maintain status quo
:a- tenure planning. Ira Michael Heyman pending completion of comprehenalve plan
(1972) 13 Santa Clara L. 182. and as as denying due process. Slivers v.
RDtr. 698 3 C.A.3d ke Tahoe (1970) 83 Cal.
5. Mandamus
tr- t applementary Inds= to Notes Exhaustion of administrative remedy Mandamus 5 forded by opportunity to apply for variance
Moratorium on Issuance of permits 6 was not required before ppeetitioners, which
p-
of Notice and hearing 7 would have met city zoning ordinance re-
was
for Issuance of building permit
.at for federally financed apartment project
rn' when ordinances placing moratorium on Is-
la 1. Construction and •ppllutlon nuance of building permits In the area ex-
as Interim ordinances, referred to ea "stop hatdpermanentk rezoning ordinance whit
'of gap" or Incubation period" ordinances, limited land use to light manufacturing
of may be validly enacted without prior no- purposes only, was unconatitutlonai where
m
If Lice and hearing. CREED v. California rezoning was precipitated by fact that
Coastal Zone Conservation Commlesion project was planned for the area and thus
is (1974) 118 Ca1.Rptr. 315. 43 C.A.3d 306. it was Inconceivable that variance would be
A city cannot prohibit or restrict the granted. Ogo Associates v. City of Torr-
ty - housing Installation the city. approved 53 Opa.At y pen ante (1971) 112 Ca1.RDtr. 767, 37 C.A.3d 830.
361, 12 1 -70. 6. Moratorium on issuance of permits
to 4. Effect of Interim ordinance City can impose moratoriums on issuance
ty Building permit for sonatina station was in building permits in particular area pend-
ce properly refused by county director of pub- City of11Torrance (1974) 112 Ogo al Rptptr. 761 37
ty tic works where there was pending county C.A.3d 830.
ordinance which would have changed per_
It Asterisks • • • Indicate deletions by amendment
139
•
SECTION
•
. PURPOSE AND INTENT.
Draft
A. Intent.
Condominiums and community apartment projects provide
for individual ownership of separate dwelling units which usually
are in close proximity to one another. The area surrounding the
dwelling units is a common area that is normally managed and
maintained by the individual owners of dwelling units in accor-
dance with an owners'• association agreement. This mix of indi-
vidual and common ownership magnifies the impact upon the
public health, safety, welfare, convenience and economic pros-
perity of the larger community when lack of continuous and
effective management of such projects causes poor land use and
site planning, neglected maintenance and blight. Additionally,
the conversion of existing apartment and other multi - family
dwelling structures into condominiums or community apartments
has the potential of displacing long -term residents who may
then have difficulty locating replacement rental housing in the
community.
The City of San Luis Obispo desires to avoid the problems
that accompany condominium conversion projects and further desires
to provide and assure a reasonable balance of rental and owner-
ship housing in the city and a variety of individual choices of
tenure, type, price and location of housing commensurate with
demand for same, and to maintain a supply of rental housing for
low and moderate income persons and families.
The City of San Luis Obispo finds and determines that
condominiums differ from apartments in numerous respects and,
for the benefit of public health, safety and welfare, such projects
Draft
should be treated differently from apartments. The City Council
therefore states its express intent to treat such projects
differently from apartments and like structures and to adopt
condominium conversion regulations for the protection of the
community displaced tenants and the purchasers of condominiums.
B. Purpose.
1. To establish requirements and procedures for the
conversion of existing multiple or family rental housing to
residential condominiums:
2. To establish criteria for condominium conversion
projects by requiring conformance to the City's building code
and other development standards set forth in this code;
3. To provide for planning, unforeseen change and
compliance with the general plan and housing element;
4. To provide a desirable balance of rental and owner-
ship housing within the city;
5. To provide a desirable variety of individual choice
of tenure, type, price and location of housing;
6. To reduce the impact of condominium conversions on
residents in units proposed to be converted by providing for
procedures and requirements for notification and relocation
assistance;
7. To assure that purchasers of converted housing are
informed as to the physical condition of the structure which
is offered for purchase;
8. To assure that converted housing achieves a high
degree of appearance, quality and safety and is consistent with
the goals of the city;
9. To maintain a supply of rental housing for low and
moderate income persons.
-t -
SECTION
•
. DEFINITIONS.
- Draft
For the purposes of this , the following
definitions shall apply unless it is apparent from their context
that a different meaning is intended.
A. Community Apartment Project: A project in which an
undivided interest in the land is coupled with the
right of exclusive occupancy of any apartment located
thereon. For the purposes of this , community
apartment projects are hereby made subject to the same
restrictions and conditions as condominium conversion
projects.
B. Condominium: An estate in real property consisting of
an undivided interest in common in a portion of a parcel
of real property, together with a separate interest in
space in a building on such real property, such as a
residence, apartment or apartment house. A condominium
may include, in addition, a separate interest in other
portions of such real property.
C. Condominium Conversion: The conversion or division of
a single ownership parcel of existing improved real
property, such as an apartment project, into a condo-
minium form of ownership involving separate ownership
of individual units.
D. Condominium Conversion Project: The entire parcel of
real property divided, or to be divided into condominiums,
including all structures thereon.
E. Unit: The r- Ctt2. +'w
frn 4' tc.t . -//.w. L4. .i NA, OW r.yp ww. trel -4S4 4fl . -wwl / Y. /7,a
1_ e Yxan L s,..4w,..,.� • 'l wi-, C 71/4.d /Yw) c.i_t rn• `. 071INS I.C4../'
N - G&..w. ww -V vv,.; .roVL/.wt.J ynojCC■L /ta M4V1.44' a�w Owly i(..�
0. ✓. ‚•-4- ,C..l W' i H �-tc ,.t .- L�iv.�'/,yw�"�W�. VVb a_ C Fw. W.w.'N.i.,. /
_S 2 ✓ /Lw / cal f (, 4.4.6-4 V/-1. L\2.
SECTION
•
. APPLICABILITY OF OTHER LAWS.
Draft
All condominium conversion projects shall be subject to
all applicable provisions of the Subdivision Map Act, Articles
VIII and IX of this code, and all other applicable state and
local laws and ordinances.
1
0 Draft
SECTION f✓ APPLICATION REQUIREMENTS.
In addition to the information required by other appli-
cable provisions of this code and state law, the following shall
be provided at the time of application:
A. Property Condition Report. The application shall be
accompanied by a property condition report including at least
the following:
1. A report detailing the structural condition of all
elements of the property including foundations, electrical,
plumbing, heating, ventilation, utilities, walls, ceilings,
roof, windows, recreation facilities, sound transmission of
each building, mechanical equipment, applicances which will be
sold with the units, and parking and storage facilities.
Regarding each such element the report shall state, to the
best knowledge or estimate of the applicant, when such element
was built, the condition of each element; when said element
was replaced or the approximate date upon which the element
will require replacement, the cost of replacing said element;
and any variation of the physical condition of said element
from the current zoning, housing, and building laws and standards
in effect on the date that the last building permit was issued
for the subject structure. The report shall identify any
defective or unsafe elements or those which may impair use
and enjoyment of the property, and set forth the proposed
corrective measures to be employed. The report shall be
prepared by a registered civil or structural engineer, licensed
general engineering contractor or architect.
2. A report from a licensed structural pest control
operator, approved by the City, on each structure and each unit
within the structure.
- r-
1
3. Ufility metering reports, ifhe units of the
building are not individually metered, indicating the feasibility
of individual /or submetering, prepared by qualified engineers.
4. A report on any known soil and geological conditions
regarding soil deposits, rock formations, faults, groundwater,
and landslides in the vicinity of the project and a statement
of any known evidence of soils problems relating to the struc-
tures. Reference shall be made to any previous soils reports
for the site and a copy submitted with said report.
5. A statement of repairs and improvements to be made
by applicant necessary to refurbish and restore the project to
achieve a high degree of appearance and safety.
B. Rental History Report. The application shall be ac-
companied by a rental history report providing the following
information:
1. Square footage and number of rooms in each unit.
2. Rental rate history for each unit for previous
three (3) years.
3. Monthly vacancy rate for each month during preceed-
ing three (3) years.
4. Makeup of existing tenant households, including
family size, length of residence, age of tenants, and whether
receiving federal or state rent subsidies.
C. Organizational Documents. The application shall be
accompanied by the declaration of covenants, conditions and
restrictions, articles of incorporation, bylaws and any con-
tracts for the maintenance, management or operation of any
part of the condominium conversion project, which would be
applied on behalf of any and all owners of condominium units
6
within the project. In addition to the requirements of Civil
Code Section 1355 and any requirements which might be imposed
by City consistent with this , the organizational
y 7 s
documents shall includre� the conveyance of units; the assignment
of parking; an agreement for common area maintenance, including
facilities and landscaping, together with an estimate of any
initial assessment fees anticipated for such maintenance of all
vehicular access areas within the project; an indication of
appropriate responsibilities for maintenance of all utility
lines and services for each unit.
D. Site Plan. The application shall be accompanied by a
site plan which shall include at least the following details:
1. The location, height, gross floor area and proposed
uses for each existing structure to remain and for each proposed
new structure.
2. The location, use and type of surfacing for all
open storage areas.
3. The location and type of surfacing for all drive-
ways, pedestrian ways, vehicle parking areas and curb cuts.
4. The location, height and type of materials for walls
or fences.
5. The location of all landscaped areas, the type of
landscaping, method of irrigation, and a statement specifying
the manner by which the landscaped areas shall be maintained.
6. The location and description of all recreational
facilities and a statement specifying the method of maintenance
thereof.
7. The location, size and number of parking spaces to
be used in conjunction with each unit.
-7 —
8. The location, type and size of all drainage pipes
and structures.
9. A grading plan showing existing contours, building
pad elevations and percent slope for all driveways and parking
areas.
10. Fully dimensional elevation plans of typical struc-
tures showing the architectural features and the types and
materials of construction.
E. Evidence of Service of Notice of Intent to Convert. The
application shall be accompanied by signed copies from each
tenant of the notice of intent to convert as specified in Section
. The applicant shall submit
evidence that a certified
letter of notification was sent to each tenant for whom a signed
copy of said notice is not submitted.
F. Other Information. The application shall be accompanied
by any other information which in the opinion of the Department
of Community Development will assist in determining whether the
proposed project will be consistent with the purposes of this
-F
SECTION
•
. ACCEPTANCE OF REPORTS.
U Ci
The final form of the reports required by Section
shall be as approved by City, and as so approved shall remain on
file with City for review by interested persons.
SECTION
. COPY OF REPORTS TO BUYERS.
Each purchaser shall be provided with a copy of all
reports in their final form, except the rental history report
and the signed notices of intent to convert, prior to the
execution of any purchase agreement or other contract to pur-
chase a unit, and purchaser shall be given adequate time to
review said reports. Copies of the reports shall be available
at the sales office and shall be posted at various locations,
as approved by the City, at the project site.
SECTION
. TENANT PROVISIONS.
A. Notice of Intent to Convert.
Applicant shall give each tenant a written notice of
intent to convert at least 120 days prior to termination of tenancy
due to conversion or proposed conversion. The form of notice
shall be as approved by City, and shall contain not less than
the following:
1. Name and address of current owner.
2. Name and address of proposed subdivider.
3. Approximate date on which tentative map is
proposed to be filed.
4. Approximate date on which final map or parcel
map is to be filed.
5. Approximate date on which the unit is to be
vacated by non - purchasing tenants.
-9
• •
6. Tenants' right to purchase.
7. Tenants' right of notification to vacate.
8. Tenants' right of termination of lease.
9. Statement of no rent increase.
10. Provision for special cases.
11. Provision of moving expenses.
12. Other information deemed necessary by City.
B. Tenantd' Right to Purchase. Pursuant to Government
Code Section 66427.1(b), applicant shall give any present tenant
or tenants of any unit a non - transferable right of first refusal
to purchase the unit occupied at a price no greater than the
price offered to the general public. This right of first
refusal shall extend at least sixty (60) days from the date of
issuance of the Subdivision Public Report or commencement of
sales, whichever date is later.
C. Vacation of Units. Each non - purchasing tenant not
in default under the provisions of the rental agreement or lease
under which he occupies his unit, shall have not less than 120
days from the date of receipt of notification of intent to con -
verL, -1v--
D. No Increase in Rents. A tenant's rent shall not be
increased for two (2) years from the time of the tentative map
until relocation takes place or until the subdivision is denied
or withdrawn. At the end of the two year period any increase
in rents must be approved by the Planning Commission.
E. Special Cases. Any non - purchasing tenant aged 62 or
older or handicapped or with minor children in school shall be
given at least an additional 120 days in which to find suitable
replacement housing.
•e,
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F. Moving Expenses. Tenants who relocate from a
building after receipt of notice of intent to convert shall be
o a...4 , , ..,,c/
provided by applicant moving expenses of/ k...47i2 times the monthly
rental except when the tenant has given notice of his intent to
move prior to receipt of the notice of intent to convert.
G. Notice to New Tenants. After submittal of the
tentative map, prospective tenants shall be given written notice
of intent to convert prior to leasing or renting any unit.
H. Hearing. Prior to tentative map approval, the
Planning Commission shall hold a hearing, notice of which shall
be given the tenants of the proposed conversion and posted on
the property as required by City.
•
SECTION . PROPERTY IMPROVEMENT STANDARDS.
1dec26
A. Adequate Physical Condition. All condominium
conversion projects shall conform to the provisions of this
code in effect at the time of the tentative map approval
except as otherwise provided in this All code
provisions shall be met and violations corrected prior to the
approval of the final map or, upon approval of the Community
Development Department, adequate security shall be posted, in
an approved form, to assure completion of such corrective work,
prior to closing of escrow of any unit in the project.
B. Specific Physical Standards. The Planning Commission
shall require conformance with the standards hereinafter set
out in approving the map.
1. Building Regulations. The project shall comply
with City's building and housing codes in effect on the date
that the last building permit was issued for the subject structure
or structures except as otherwise provided herein.
2. Fire Prevention.
a. Smoke Detectors. Each living unit shall be
provided with approved smoke detectors mounted on the ceiling
or wall at a point centrally located in the area giving access
to rooms used for sleeping purposes.
b. Fire Protection Systems. All fire hydrants,
fire alarm systems, portable fire extinguishers and other fire
protection appliances shall be retained in an operable condition
at all times.
-! Z
_
3. Sound Transmission.
a. Shock Mounting of Mechnical Equipment. All
permanent mechanical equipment determined by the Building Official
to be a source of structural vibration or structure -borne noise
shall be shock mounted with inertia blocks or bases and /or
vibration isolators, as approved.
b. Noise Standards. Walls and floor /ceiling
assemblies between units and between units and enclosed common
or service areas shall be capable of achieving a sound reduction
equivalent to a sound transmission class of 30. Such reduction
of sound transmission may be demonstrated by reference to
accepted published material relating sound transmission loss
to the type of construction or by field measurement by a qualified
acounstical technician or engineer.
4. Thermal Insulation. Exterior walls and ceiling/
roof assemblies of occupied portions of dwellings shall have
thermal insulation equivalent to a value of R -12. Such insula-
tion value may be demonstrated by reference to accepted published
material which describes the insulating value of structure com-
ponents and wall /roof coverings used in the project, together
with the known R value of insulating construction or added to
comply with this section.
5. Utility Metering. The consumption of gas,
electricity, and water within each unit shall be separately
metered and there shall be circuit breakers and shut -off valves
for each unit. In cases where applicant can demonstrate that
this standard cannot or should not reasonably be met, the
Planning Commission may modify this standard.
-! 3 —
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6. Storage. Each unit shall have provision for
at least 300 cubic feet of enclosed, weather - proofed and lockable
private storage space, exclusive of cabinets and closets within
the unit. This space shall be for the sole use of the unit owner,
shall be approved as to location by City and shall not be divided
into two or more locations. The minimum opening shall be two
and one -half feet and the minimum height shall be four feet.
In cases where applicant can demonstrate that this standard
cannot or should not reasonably be met, the Planning Commission
may modify this standard.
7. Laundry Facilities. A laundry area shall be
provided in each unit, or, if common laundry areas are provided,
such facilities shall consist of not less than one automatic
washer and dryer for each five units or fraction thereof. In
cases where applicant can demonstrate that this standard cannot
or should not reasonably be met, the Planning Commission may
modify this standard.
8. Landscaping. All landscaping shall be restored
as necessary and maintained to achieve a high degree of appearance
and quality.
9. Condition of Equipment and Applicances. Appli-
cant shall provide written certification to the buyer of each
unit at the close of escrow that any dishwashers, garbage dis-
posals, stoves, refrigerators, hot water tanks and air condition-
ers that are provided are in operable working condition as of the
close of escrow. At such time as the homeowners' association
takes over management of the project, such certification shall
be provided the association as to any appliances or mechanical
equipment, including any swimming pools and pool equipment, to
by owned in common by the association.
— 4—
10. Refurbishing and Restoration. All main
buildings, structures, accessory buildings, sidewalks, drive-
ways, landscaped areas and additional areas as required by
the city shall be refurbished and restored as necessary so
as to be in a sound and usable condition and to achieve a high
degree of appearance, quality and safety.
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G. The proposed conversion will not displace a sig-
nificant percentage of low and moderate income as senior
citizen tenants and delete a significant number of low and
moderate income rental units from the City's housing stock
at a time when no equivalent housing is readily available
in the San Luis Obispo area.
ORDINANCE NO. 161
AN ORDINANCE AMENDING
SECTION 6220 OR ORDINANCE NO. 109
T H E C I T Y C O U N C I L
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as
follows:
SECTION 1. That Section 6220 of Ordinance No. 109 be amended
to read as follows:
6220. Art, Hobby or Handicraft Shows and Exhibitions
Each person sponsoring or organizing art, hobby or handicraft
shows or exhibitions wherein goods, artifacts or articles are
offered for sale to the general public, (provided that such
goods, artifacts or articles offered for sale are the products
of each individual exhibitor's own skill or talent,) shall
obtain a business license from the City for the conduct of
such art, hobby or handicraft show or exhibition and shall
collect a business license fee from each individual offering
such goods, artifacts or articles for sale to the general
public.
Each person sponsoring or organizing said show or exhibition
shall assure the payment of such business license fees to the
City and payment shall be made for each and every day of the
sale and such payments shall be made by no later than the
first day following the sale upon which the City Business
License office is open for business.
A $1.00 daily minimum business license fee for each individual
offering goods, artifacts, or articles for sale to the general
public, or 3% of the daily gross receipts resulting from sales
by such individuals, whichever amount is greater.
Each person sponsoring or organizing such art, hobby or handi-
craft show or exhibition shall report at the time of paying
the business license fee, in writing to the City, the name and
daily gross receipts of each individual person offering such
goods, artifacts or articles for sale to the general public.
SECTION 2. This ordinance shall take effect thirty (30) days
after the date ofaits adoption, and prior to the expiration of
fifteen (15) days from the passage thereof shall be published at
least once in a newspaper of general circulation, published and
circulated in the City of Morro Bay and thenceforth and thereafter
the same shall be in full force and effect.
PASSED AND ADOPTED by the City Council of the City of Morro
Bay at a meeting of said City Council held the 22nd day of
January, 1979.
AYES: Councilmen Cantine, Harmon, Reasor,Rosenberg, and Mayor Shelton
NOES: None
ABSENT: ,None
ATTEST: /
v
/.�i.: /Y //
CARL J
ON, City Clerk
R. SHELTON, Tayor
ORDINANCE NO. 160
AN ORDINANCE AMENDING
SECTION 5306.5 OF ORDINANCE NO. 62
T H E C I T Y C O U N C I L
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as
follows:
SECTION 1. That Section 5306.5 of Ordinance No. 62 be
amended to read as follows:
5306.5 Absence
Absence of a member from three regular meetings during
a calendar year without formal consent of the Planning
Commission noted in its official minutes shall be deemed
to constitute the voluntary resignation of such absent
member and the position shall be declared vacant.
SECTION 2. This ordinance shall take effect thirty (30)
days after the date of its adoption, and prior to the expira-
tion of fifteen (15) days from the passage thereof shall be
published at least once in a newspaper of general circulation,
published and circulated in the City of Morro Bay and thence-
forth and thereafter the same shall be in full force and effect.
PASSED AND ADOPTED by the City Council of the City of
Morro Bay at a meeting of said City Council held the 22nd day
of January, , 1979, by the following roll call vote:
AYES: Councilmen Rosenberg, Harmon, Reasor1 and Mayor Shelton
NOES: Councilman Cantine
ABSENT: None
ATTEST:
ORDINANCE NO. 159
AN ORDINANCE AMENDING ORDINANCES NO.
89, 94, AND 109 AND TITLE V OF THE
MORRO BAY MUNICIPAL CODE
T H E C I T Y C O U N C I L
City of Morro Bay,, California
The City Council of the City of Morro Bay does ordain as follows:
SECTION 1. That Section 5.08.020 of the Morro Bay Municipal
Code and Section 6201 of Ordinance No. 89 is hereby amended to read
as follows:
5.08.020 Tax on undesignated professions. Every person con-
ducting or carrying on a business consisting of selling and retailing
any goods, ware, or merchandise or commodities or other things of
value in a fixed place of business in the city or of manufacturing,
wholesaling, fabricating, processing, or jobbing any goods, ware,
merchandise, or things of value, and each and every trade, profession,
service of occupation carried out within the city, not otherwise
specifically enumerated or taxed in this chapter, shall pay an
annual license tax based upon the average number of employees engaged,
within the city, in the conduct of such trade, profession, service,
or occupation at the following rates:
Minimum: Fifty dollars;
Each employee as determined in Section 5.04.150 herein: Ten
dollars.
SECTION 2. That Section 5.08.030 of the Morro Bay Municipal
Code and Section 6203 of Ordinance No. 89 is hereby amended to read
as follows:
5.08.030 Apartments, motels, hotels, multiple dwellings, rest
homes, rooming houses, hospitals, and sanitariums. Multiple dwellings
and apartments of four or more units; hotels, motels, and rooming
houses with four or more rooms; rest homes, hospitals, and sanitarims
with the capacity of four or more persons shall pay an annual license
fee of fifty dollars plus two dollars per year for each unit, room,
or person cared for, over four.
SECTION 3. That Section 5.08.040 of the Morro Bay Municipal
Code and Section 6220 of Ordinance No. 94 is hereby amended to read
as follows:
5.08.040. Art, hobby or handicraft shows and exhibitions. Each
person sponsoring or organizing art, hobby or handicraft shows or
exhibitions wherein goods, artifacts, or articles are offered for
sale to the general public, (provided that such goods, artifacts or
articles offered for sale are the products of each individual exhibitor's
own skill or talent) shall obtain a business license from the city
for the conduct of such art, hobby or handicraft show or exhibition
and shall collect a business license fee from each individual offering
such goods, artifacts or articles for sale to the general public.
Each person sponsoring or organizing said show or exhibition
shall assure the payment of such business license fees to the city
and payment shall be made for each and every day of the sale and such
payments shall be made by no later than the first day following the
sale upon which the city business license office is open for business.
•
ORDINANCE NO. 1J v,
AN ORDINANCE AMENDING ORDINANCES NO. 18 AND 70
AND TITLE 3 OF THE MORRO BAY MUNICIPAL CODE
T H E C I T Y C O U N C I L
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as follows:
SECTION 1. That Section 3.24.030 of the Morro Bay Municipal
Code and Section 2802 of Ordinance No. 18 is hereby amended to read
as follows:
3.24.030 Tax imposed_ For the privilege of occupancy in any
hotel, each transient is subject to and shall pay a tax in the
amount of percent of the rent charged by the operator. The
tax constitutes a debt owed by the transient to the city which is
extinguished only by payment to the operator or to the city. The
transient shall pay the tax to the operator of the hotel at the time
the rent is paid. If the rent is paid in installments, a proportionate
share of the tax shall be paid with each installment. The unpaid tax
shall be due upon the transient ceasing to occupy space in the hotel.
If, for any reason, the tax due is not paid to the operator of the
hotel, the tax administrator may require that such tax shall be paid
directly to the tax administrator.
SECTION 2. That this ordinance shall take effect immediately as
an ordinance which is necessary for the immediate preservation of the
public peace, health and safety for the following reasons:
1. The passage of Proposition 13 has restricted the financial
resources of the City of Morro Bay.
2. That an essential function of city government involves
establishing a budget, before a budget can be prepared the City
must be able, with reasonable accuracy, to determine the amount of
income available from all sources.
3. The additional income provided by this ordinance is
essential for maintenance of City functions.
PASSED AND ADOPTED by the City Council of the City of Morro Bay
at a meeting of said City Council held this 27th day of June
1978, by the following roll call vote:
AYES: Councilmen Cantine, Harmon, McGuire, Reasor, and Mayor
Shelton
NOES: None
ABSENT: None
ATTEST:
M. L. WARDEN, City lerk
GENE R. S ELTON, Mayor
• •
Ordinance No. 158
Page Two
Business license fees shall be in accordance with the following
schedule:
A two dollar daily minimum business license fee for each individual
offering goods, artifacts, or articles for sale to the general public,
or six percent of the daily gross receipts resulting from sales by
such individuals, whichever amount is greater.
Each person sponsoring or organizing such art, hobby, or handicraft
show or exhibition shall report at the time of paying the business
license fee, in writing to the city, the name and daily gross receipts
of each individual person offering such goods, artifacts or articles
for sale to the general public.
SECTION 4. That Section 5.08.050 of the Morro Bay Municipal Code
and Section 6211 of Ordinance No. 89 is hereby amended to read as follows:
5.08.050 Auctioneers. For every person carrying on the business
of an auctioneer in the city and not operating a fixed place of business,
the license fee shall be fifty dollars per day, or, if operating a fixed
place of business, the license fee shall be fifty dollars per year.
SECTION 5. That Section 5.08.060 of the Morro Bay Municipal Code
and Section 6207 of Ordinance No. 89 is hereby amended to read as follows:
5.08.060 Carnivals and circuses. For the business of conducting
a carnival or circus of one ring or more, the license fee shall be two
hundred dollars per day, and such license shall cover all shows, exhibi-
tions, and entertainments, and all sales stands, eating stands or
places, and the peddling of all novelties or notions and other activity
for profit growing out of and as a part of such circus or carnival.
Such peddling is to be conducted within the carnival or circus grounds
only. Application for any such license under this section must be made
to the city council which, under its police powers, reserve the right
to deny any application for such license, and the chief of police shall
direct what shows, exhibitions, or entertainments or activities are
proper under such license and his decisions shall be final and conclusive.
SECTION 6. That Section 5.08.070 of the Morro Bay Municipal Code
and Section 6209 of Ordinance No. 110 is hereby amended to read as follows:
5.08.070 Coin operated vending machines. For every person engaged
in the business of maintaining, operating or letting the use of any coin
operated vending machine, for the dispensing of goods, wares or mer-
chandise or other tangible or intangible property, except those used
for laundry and dry cleaning purposes, the license tax fee per year
shall be one percent of the gross receipts directly attributed to the
business activities conducted within the city.
The application for a business license will be accompanied by a
report including but not limited to, the following information:
A. Name and address of business;
B. Numbers, location and types of machines;
C. Total annual gross receipts.
If the application is for a new business, this may be an estimate
of anticipated gross receipts. If the application is for renewal of
a license, the past year's gross receipts will be included.
Any license to conduct a business issued by the city in connection
with which the city imposes a license fee or tax upon coin operated
Ordinance No. 158
Page Three
vending machines within the city, may be revoked for failure of the
licensee to report to the city the gross receipts from such machines.
The city may demand an audit of any such licensee and require him to
submit a copy of the state sales and use tax returns file relative to
such machines and a copy of any other tax statement filed with any
government entity by him or by any other individual or firm, owning,
renting, leasing or operating such machines disclosing the gross receipts
received from owning, renting or operating such machines.
All coin operated vending machines shall be identified with the
machine owner's name, address, and telephone number permanently attached
to the machine where it can readily be seen on the front thereof.
All coin operated vending machines not labeled as required by
this section shall be considered unlicensed and will be removed from
the premises by the collectors and held for thirty days. If unclaimed
after thirty days, the machine will be considered abandoned and disposed
of as provided for in the disposition of unclaimed property.
Exemptions: No license hereunder shall be required for the main-
tenance or operation of:
A. Postage stamp machines;
B. Machines dispensing sanitary or hygenic articles or drinking
cups, towels or medicines which machines are entirely owned and supplied
by the owner or operator of the premises where installed and maintained
solely for the conveniences of employees, visitors and customers and
not for profit to him or any other person.
C. Machines owned and operated by and in a location of a business
for which a license tax has been paid under another category of this
chapter.
SECTION 7. That Section 5.08.080 of the Morro Bay Municipal Code
and Section 6206 of Ordinance No. 89 is hereby amended to read as follows:
5.08.080 Contractor. A contractor, within the meaning of this
section, is a person who for either a fixed sum, price, fee, percentage,
or other compensation, other than wages, undertakes or offers to under-
take with another, or purports to have the capacity to undertake with
another to construct, alter, repair, add to, or improve any building,
highway, road, railroad, excavation, or other structure, project, develop-
ment, or improvement, other than personally, or to do any part thereof;
provided, that the term "contractor" as used in this chapter includes
subcontractor, but does not include anyone who merely furnishes materials
or supplies without fabricating the same into, or consuming the same
in the performance of the work of the contractor hereby defined; and
does not include any owner - builder who is exempt under the provisions
of the State Contractors' License Law.
A general building contractor is a contractor whose principal
contracting business is in connection with any structure built, being
built, or to be built for the support, shelter, and enclosure of persons,
animals, chattels, or movable property of any kind, requiring in its
contraction, the use of more than two unrelated building trades or
crafts, or to do or superintend the whole or any part thereof. Persons
licensed under .this provision shall pay an annual license tax of one
hundred dollars or fifty dollars per job, not to exceed a total payment
of one hundred dollars in any one tax year.
A specialty contractor is a contractor whose operations as such
are the performance of work requiring special skill an whose principal
contracting business involves the use of specialized building trades
or crafts. Included within but not limited to this category are electrical,
plumbing, pipeline, sewer, grading, street, paving, house moving,
trenching or excavating contractors. Persons licensed under this pro-
•
Ordinance No. 158
Page Four
vision shall pay an annual license tax of fifty dollars per year or
ten dollars per job, not to exceed a total payment of fifty dollars
in one tax year.
It shall be the responsibility of the prime contractor or the
owner- builder at the time of the application for a building or contruction
permit, to provide the collector with a certified list of those specialty
contractors who have been engaged or are intended to be engaged in the
completion of the job for which the building or construction permit is
issued. The collector shall require that each specialty contractor so
listed have a valid business license as defined herein. The inspecting
city department will not issue the certificate of occupancy or certificate
of completion on any job until each specialty contractor who worked on
the job has been properly licensed as defined herein.
Every person engaged in the business of contracting shall show
evidence that he holds a valid state contractor's license before a city
license will be issued under the provisions of this title.
SECTION 8. That Section 5.08.090 of the Morro Bay Municipal Code
and Section 6202 of Ordinance No. 89 is hereby amended to read as follows:
5.08.090 Delivery by vehicle. Every person who makes wholesale
or retail deliveries for business services by vehicle within the city
and who does not pay a city license tax under the provisions of any other
section of this chapter or who is not exempt from payment of license
fees by virtue of interstate commerce or highway carriers exemptions,
shall pay an annual license tax of fifty dollars for one or more vehicles.
SECTION 9. That Section 5.08.100 of the Morro Bay Municipal Code
and Section 6212 of Ordinance No. 89 is hereby amended to read as follows:
5.08.100 Fire, Wreck, or bankrupt sale. For the business of
conducting a fire, wreck, or bankrupt sale, the license fee is seventy
dollars for each sale and an additional forty dollars for each day
any such sale is conducted in excess of three days.
For the purposes of this section, "fire or wreck sale" means and
includes the sale of goods, salvage from a fire, wreck, or other calamity,
or the sale of goods advertised as a fire or wreck sale.
For the purpose of this section, "bankrupt sale" includes a sale
for the benefit of creditors, either directly or indirectly, or a sale
advertised as a bankrupt sale or sale for the benefit of creditors.
This section shall not apply to any stocks or goods owned by any
person having a regular, fixed place of business in the city whose stocks
or goods have been damaged by fire, water, wreck, or other such calamity
occurring in the city.
SECTION 10. That Section 5.08.110 of the Morro Bay Municipal Code
and Section 6219 of Ordinance No. 94 is hereby amended as follows:
5.08.110 Flea markets. Each person sponsoring or organizing a
flea market wherein goods and merchandise are offered for sale to the
general public shall obtain a business license from the city for the
conduct of such flea market and shall collect a business license fee
from each individual offering said goods and merchandise for sale and
shall further assure the payment of such business license fees to the
city. Payment shall be made to the city for each and every day of
the sale and shall be made by no later than the first day following
the sale upon which the city business license office is open for
• •
Ordinance No. 158
Page Five
business. Business license fees shall be in accordance with the
following schedule:
A four dollar daily minimum business license fee for each individual
offering goods and merchandise for sale, or six percent of the daily
gross receipts resulting from sales by such individuals, whichever
amount is greater.
Each person sponsoring or organizing a flea market shall report
in writing at the time of paying the business license fees, to the city,
the name and daily gross receipts of each individual person offering
goods and merchandise for sale to the general public.
SECTION 11. That Section 5.08.130 of the Morro Bay Municipal Code
and Section 6205 of Ordinance No. 89 is hereby amended to read as follows:
5.08.130 Home occupations. Each home occupation constituting a
business and not otherwise specifically enumerated or taxed in this
chapter shall pay an annual license tax in accordance with the schedule
enumerated in Section 5.08.020. No business license will be issued if
the home occupation as conducted is contrary to provisions of Title 17,
zoning.
Exceptions: Home occupations consisting of the producing, selling,
or supplying of products, goods, articles or services, which are intended
to augment or supplement a primary source of income and which include
but are not limited to hobby, handicraft, handyman, or personal service
activities and which are conducted in or on, but which are incidental
to the personal residence of the persons so engaged may request exception
from the annual license tax of this section and such request shall be
considered in accordance with the following:
A. The person seeking exception shall file an application for a
business license with the collector and will attach, thereto, a request
for exception, in writing, with the collector setting forth the reasons
exception is sought.
B. The collector shall consider each request on an individual
basis and may waive the basic annual license tax of fifty dollars.
If an exception is granted, a minimum license fee of twenty dollars
per year shall be charged.
C. Appeal from the collectors' decision may be filed under the
provisions of Section 5.04.210.
SECTION 12. That Section 5.08.140 of the Morro Bay Municipal Code
and Section 6213 of Ordinance No. 89 is hereby amended to read as
follows:
5.08.140 Money lenders and pawnshops. For every person carrying
on the business of money lending or operating a pawnshop, an annual
license tax of two hundred dollars shall be charged; and each person
is required to keep a book in which shall be entered at the time of
purchase, written legibly in the English language, a true and accurate
description of every article purchased, pledged with, or received by
him; the name, residence, and an accurate description of the vendor
or person from whom received; the amount paid for such articles; and
the date and hour of purchase or receipt. Such books shall be preserved
intact for the period of one year from the date of the last entry
therein; and shall be exhibited upon request to any police officer of
the city. The city council shall have the power to revoke any such
pawnbroker's license without notice, and the money representing the
unused portion of such license shall be forfeited to the city.
•
Ordinance No. 158
Page Six
SECTION 13. That Section 5.08.150 of the Morro Bay Municipal Code
and Section 6215 of Ordinance No. 89 is hereby amended to read as follows:
5.08.150 Peddlers, solicitors, or itinerant merchants. For the
purpose of this. section, "peddler" means and includes every person not
having a fixed place of business in the city, and not an agent of a
principal having a fixed place of business in the city; who travels
from place to place, or has a stand upon any public street, alley, or
other public place, doorway of any building, unenclosed or vacant lot,
or parcel of land, who sells or offers for sale and retail any goods
in his possession.
For the purpose of this section, "solicitor" means and includes
every person who engages in the business of going from house to house,
place to place, or in or'along the streets within the city, selling
or taking orders for or offering to sell or take orders for goods,
wares, merchandise, or other things of value that are not to be used
for resale or become a part of any stock to be offered for sale.
For the purpose of this section, "itinerant merchant" means and
includes every person who engages in temporary business in the city
for one hundred eighty days or less, for the sale of merchandise or
services and who, for such purpose, hires or occupies any building,
vacant lot, or other facilities, or a portion thereof.
Every person carrying on the
this section, shall pay a license
Every person carrying on the
this section, shall pay a license
twenty dollars for each solicitor
business of peddler, as defined in
tax of twenty dollars per day.
business of solicitor, as defined in
tax of forty dollars per day plus
so engaged.
Any person carrying on the business of itinerant merchant, as
defined in this section, shall pay a license tax of twenty dollars per
day; forty dollars per week; sixty dollars per month; eighty dollars
per quarter; and one hundred dollars for one hundred eighty days.
No person shall be required to pay a license fee for peddling any
of his own agricultural, pastoral, or dairy products raised by himself
in the state, where the products sold are exclusively his own. This
exemption shall not apply to nurseries or other commercial establishments
who buy goods for resale as well as selling their own products.
SECTION 14. That Section 5.08.170 of the Morro Bay Municipal Code
and Section 6217 of Ordinance No. 94 is hereby amended to read as follows:
5.08.170 Real estate. Every person in the real estate business
who, whether from a fixed or nonfixed place of business, sells or offers
to sell or buys or offers to buy, or who rents or leases or offers to
rent or lease any real estate, or who collects or offers to collect
rents for any real estate and who is subject to regulation by the State
of California Real Estate Board and who operates within the city, shall
pay an annual business license fee as follows:
For each real estate broker, as licensed under State of California
Real Estate Board regulations, fifty dollars; plus ten dollars per
year for each salesman or agent, as licensed and registered with the
broker under State of Califoria Real Estate Board regulations, provided
that said salesman or agent has consummated during the previous license
year at least one sale, or provides at least one listing or transacts
at least one lease or rental agreement per year; plus ten dollars per
year, as calculated under Section 5.04.150, for each employee as defined
by Section 5.04.010.
Ordinance No. 158
Page Seven
SECTION 15. That Section 5.08.180 of the Morro Bay Municipal Code
and Section 6208 of Ordinance No. 89 is hereby amended to read as follows:
5.08.180 Rides, shows, public dances, and exhibitions. For the
business of exhibiting animals or birds, trained or otherwise, or trick
riding, wire dancing, or other exhibitions where a fee or admission is
charged or collection taken other than under a carnival or circus -
license, and not operating from a fixed place of business, the license
fee shall be twenty dollars per day.
For the business of operating a merry -go- round, revolving wheel,
chute, toboggan, slide, mechanical riding contrivance, or pony ride,
other than under a carnival or circus license, the license fee shall
be twenty dollars per day.
For the business of conducting any tent show or itinerant show
of any kind, other than a circus or carnival at which an admission fee
is charged, collected, or received, the license fee shall be fifty
dollars per day.
For the business of conducting any wrestling or boxing exhibition
or show, the license fee shall be twenty dollars per day.
For the business of conducting a public dance at which an admission
fee is charged, the license tax shall be twenty dollars for each such
public dance.
SECTION 16. That Section 5.08.200 of the Morro Bay Municipal Code
and Section 6210 of Ordinance No. 89 is hereby amended to read as follows:
5.08.200 Skating rink. For every skating rink the license tax
shall be fifty dollars per year.
SECTION 17. That Section 5.08.210 of the Morro Bay Municipal Code
and Section 6204 of Ordinance No. 89 is hereby amended to read as follows:
5.08.210 Trailer house, travel trailer park, or mobile home park.
Persons having one to four rental spaces shall pay fifty dollars per
year. Persons having more than four rental spaces shall pay fifty
dollars per year plus two dollars per year for each rental space over
four.
SECTION 18. This ordinance shall take effect immediately as an
ordinance which is necessary for the immediate preservation for the
public peace, health and safety for the following reasons:
1. The passage of Proposition 13 has restricted the financial
resources of the City of Morro Bay.
2. That an essential function of city government involves estab-
lishing a budget, before a budget can be prepared the city must be
able, with reasonable accuracy, to determine the amount of income
available from all sources.
3. The additional income provided by this ordinance is essential
for maintenance. of city functions.
PASSED AND ADOPTED by the City Council of the City of Morro Bay
at a meeting of said City Council held this 27th day of June, 1978,
by the following roll call vote:
• •
Ordinance No. 158
Page Eight
AYES: Councilmen Cantine, Harmon, McGuire, Reasor, and Mayor
Shelton
NOES: None
ABSENT: None
ATTEST:
liM. .WARDEN, City Clerk
ELTON, Mayor
•
ORDINANCE NO. 0554
AN ORDINANCE AMENDING CERTAIN SECTIONS
OF ORDINANCE NO. 140 AND TITLE 14 OF
THE MORRO BAY MUNICIPAL CODE.
T H E C I T Y C O U N C I L
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as
follows:
SECTION 1. That Sections 14.16.010, 14.20.010, 14.24.010,
14.28.010 and 14.32.010 of the Morro Bay Municipal Code are hereby
amended to read as follows:
14.16.010 Adopted. The Uniform Building Code, 1976 Edition,
published by the International Conference of Building Officials, is
adopted by reference with the same force and effect as if fully set
forth herein.
14.20.010 Adopted. The National Electric Code, 1978 Edition,
as published by the National Fire Protection Association, is adopted
by reference with the same force and effect as if fully set forth
herein.
14.24.010 Adopted. The Uniform Plumbing Code, 1976 Edition,
the Uniform Swimming Pool Code, 1976 Edition, and the Uniform Solar
Energy Code, 1976 Edition, as published by the International
Association of Plumbing and Mechanical Officials, is adopted by
reference with the same force and effect as if fully set forth herein.
14.28.010 Adopted. The Uniform Mechanical Code, 1976
Edition, as published by the International Conference of Building
Officials, is adopted by reference with the same force and effect
as if fully set forth herein.
14.32.010 Adopted. The Uniform Housing Code, 1976 Edition,
as published by the International Conference of Building Officials,
is adopted by reference with the same force and effect as if fully
set forth herein.
SECTION 2. This ordinance shall take effect thirty
after its adoption, and prior to the expiration of fifteen
from the passage thereof shall be published and circulated
City of Morro Bay, and thenceforth and thereafter the same
in full force and effect.
(30) days
(15) days
in the
shall be
PASSED AND ADOPTED by the City Council of the City of Morro Bay
at the regular meeting thereof held on this 22nd day of May
1978, by the following roll call vote:
AYES: Councilmen Cantine, Harmon, McGuire, Reasor and Mayor
Shelton
NOES: None
ABSENT: None
ATTEST:
MUR
•
ARDEN, City Clerk
ate
UGENE R. SHE TON,
ayor
4
ORDINANCE NO. 156
AN ORDINANCE AMENDING SECTION 2.08.020 OF
CHAPTER 2.08 OF THE MORRO BAY MUNICIPAL CODE AND
SECTION 2404 OF ORDINANCE NO. 6
REGARDING CITY COUNCIL AGENDA DAYS
T H E C I T Y C O U N C I L
City of Morro Bay, California
SECTION 1. Section 2.08.020, Presenting matter to
Council, of the Morro Bay Municipal Code, and Section 2404
of Ordinance No. 6, is hereby amended as follows:
Delete the words "... five p.m., of the fourth day
(Sunday included) preceding the day of such meeting,
..." and substitute therefore the words "... twelve
o'clock noon of the Monday preceding the day of such
meeting except if Monday is a legal holiday, then
twelve o'clock noon of the second Friday preceding
the day of such meeting, ..."
SECTION 2. This ordinance shall take effect thirty
(30) days after the date of its adoption, and prior to the
expiration of fifteen (15) days from the passage thereof
shall be published once in a newspaper of general circulation,
published and circulated in the City of Morro Bay and thence-
forth and thereafter the same shall be in full force and effect.
PASSED AND ADOPTED by the City Council of the City of
Morro Bay at a meeting of said City Council held this 8th
day of May, 1978, by the following roll call vote:
AYES: Councilmen Cantine, Harmon, McGuire, Reasor, and
Mayor Shelton
NOES: None
ABSENT: None
ATTEST:
. WARDEN, City Clerk
roger
EU K R. S L ON, Mayor
4
ORDINANCE NO. 155
AN ORDINANCE AMENDING CHAPTER 13.04 AND
CHAPTER 13.12 OF TITLE 13 OF THE MORRO BAY
MUNICIPAL CODE AND SECTIONS 9105, 9208, AND 9,211
OF ORDINANCE NO. 13 WHICH PROVIDES FOR PUBLIC WORKS
T H E C I T Y C O U N C I L
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as
follows:
SECTION 1. That Section 13.04.020 J be added as follows:
J. Water availability charge. A sum of money required to be
paid by any person to buy into the municipal water system.
SECTION 2. That Section 13.04.100 of Title 13 of the Municipal
Code and Section 9104 of Ordinance No. 13 are hereby amended to
read as follows:
13.04.100 Charges for new service connections. Charges for
new service connections shall be payable in advance. The cost of
installation for service connections shall be determined by the
Water Department and shall include all costs for labor, materials,
meter and overhead.
The cost of installation shall be deemed the service connection
charge and there shall be no refunds after installation is completed.
Any person required under the Subdivision Ordinance to install
service connections at his own expense shall be exempt from a
service connection charge.
Charges for installing service connections outside the City
limits shall be made at double the rates applicable for charges for
service connections inside the City.
SECTION 3. That Section 13.12.090 of Title 13 of the Municipal
Code and Section 9208 of Ordinance No. 13 are hereby amended to read
as follows:
13.12.090 Use of existing sewer. Before a permit is issued for
a sewer connection in any areas within the City, which property shall
use any then existing sewerage facilities of the City for which such
property shall not have made full payment of its share of the cost
thereof, the owner or applicant shall pay a sewer availability charge
as established by resolution adopted by the City Council.
A sewer availability charge is a sum of money required to be
paid by any person to buy into the municipal sewer system.
SECTION 4. That Section 13.12.205 be added as follows:
13.12.205 Sewer Use Charges. All sewer users, including but
not limited to single and multiple family residences; trailer parks;
motels; business establishments; schools; churches; public utility
and industrial facilities; district, county, state and federal
facilities; fraternal and non - profit organizations; shall pay a
sewer use charge in order to provide funds to supplement the general
4
ORDINANCE NO. 155
Page Two
taxes in financing construction, maintenance and operation of
sewage collection, transport and treatment facilities in and for
the City of Morro Bay.
SECTION 5. That Section 13.12.210 of Title 13 of the
Municipal Code and Section 9211 of Ordinance No. 13 are hereby
amended to read as follows:
13.12.210 Collections. Sewer use charges shall be in addition
to the water charges and shall be included in the customer's bi-
monthly utility bill. Such charges shall be based upon rates as
established by resolution adopted by the City Council.
SECTION 6. This ordinance is necessary under Section 36937
of the Government Code of the State of California for the immediate
preservation of the public peace, health, or safety and shall there-
fore take effect upon its adoption.
Passed and adopted by the City Council of the City of Morro
Bay at a regular meeting thereof held this 8th day of August,
1977, by the following roll call vote:
AYES: Councilmen Brown, Pipitone, Rowland and Shelton
NOES: None
ABSENT: Mayor Mitchell
�GtAAG / G�'Ztrzu�
DONALD H. BROWN, Mayor Pro Tem
ATTEST:
MUtRAY/f.' WARDEN, City Clerk
ORDINANCE NO. 154
AN ORDINANCE AMENDING CHAPTER 13.20 OF TITLE 13
OF THE MORRO BAY MUNICIPAL CODE WHICH
ADOPTED A BUILDING LIMITATION ORDINANCE
T H E C I T Y C O U N C I L
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as
follows:
SECTION 1. That Section 13.20.045 be added as follows:
13.20.045. In apportioning water equivalency permits, the
Building Limitation Board shall apply the percentage ratios
enumerated in Section 13.20.040 above. Said ratios shall be applied
against the total yearly allocation of water equivalencies.
SECTION 2. That Section 13.20.050 be amended to delete the
last sentence, "Mobile home parks shall be considered as subdivisions."
and substitute therefor the following:
Applications for new mobile home parks shall be considered
as subdivisions. Applications for additional mobile home spaces
within established mobile home parks shall be considered under
Section 13.20.100, "Commercial and Multiple Dwelling Applications ",
applying thereto the water equivalency established by Section
13.20.050.
SECTION 3. That Section 13.20.090 be amended to delete sub-
paragraph C. and substitute the following:
C. Applications for condominium -type dwellings shall be
considered in the category of multiple dwelling projects for
purposes of applying the density requirements of the zone within
which the project is proposed. For purposes of issuing water
equivalency permits, condominium projects on existing parcels
shall not be considered as subdivisions provided that no greater
density results than that permitted by the existing zoning.
Condominium water equivalencies shall be the same as for apartments
units.
•
Ordinance No. 154
Page Two
SECTION 4. That Section 13.20.100 be amended to add the
following sub - paragraph C.
C. In the event the total water equivalencies for any one
application exceeds the total available water equivalency permits
for the first quarter in which the application was received and
the application has priority as the result of an early date and
time of application receipt, then the Building Limitation Board
shall grant the maximum equivalency permits available for that
quarter. The excess water equivalency permits shall be automatically
carried over for apportionment in the next quarter under the following
conditions:
1. No more than fifty percent (50 %) of the second quarters'
permits shall be granted to the applicant during the first
allocation quarter following the quarter in which the
initial allocation was made; and
2. No more than twenty -five percent (25%) of the third quarters'
permits shall be granted to the applicant during the
second successive allocation quarter following the quarter
in which the initial allocation was made; and
3. Accumulation of these permits is permitted up to a total
of three successive quarterly allocations; and
4. The sixty day building provision of Section 13.20.120 of
this ordinance shall become applicable as soon as the
total water equivalency permits authorized by this Section
have been allocated.
Except as permitted under the provisions of this Section, no
application for water equivalency permits shall be carried over from
quarter to quarter. It is the intent of this provision that applic-
cations submitted under the category of "Commercial and Multiple
Dwelling Application" shall be required to establish a new date and
time of application receipt at the end of the third quarter with the
Ordinance No. 154
Page Three
maximum accumulation permit limited to three successive quarters.
SECTION 5. That Section 13.20.150 be added as follows:
13.20.150. For purposes of apportioning water permits, no permits
shall be issued to new subdivisions except that condominium projects
shall not be considered as subdivisions as herein prescribed by
Section 13.20.090. For purposes of this ordinance, the term "subdivision"
does not include the building of apartments or multiple dwellings
whether in one or more buildings provided that the development is
consistent with the existing zoning and further provided that the
overall density for the existing parcel is not increased.
SECTION 6. This ordinance is necessary under Section 36937 of
the Government Code of the State of California for the immediate
preservation of the public peace, health, or safety and shall there-
fore take effect upon its adoption.
Passed and adopted by the City Council of the City of Morro Bay
at a regular meeting thereof held this 11 day of July , 1977,
by the following roll call vote:
AYES: Councilmen Brown, Pipitone, Rowland, and Mayor Mitchell
NOES: Councilman Shelton
ABSENT: None
ATTEST:
ARDEN, City Clerk
gla i �GL!/��
DALE C. MITCHELL, Mayor
4
ORDINANCE NO. 153
AN ORDINANCE AMENDING SECTION 14.20.040 OF
CHAPTER 14.20 OF TITLE 14 OF THE MORRO BAY MUNICIPAL CODE
AND SECTION 2 OF ORDINANCE NO. 15
T H E C I T Y C O U N C I L
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as follows:
SECTION 1. That Section 14.20.040 of Chapter 14.20 of Title 14
of the Morro Bay Municipal Code, and Section 2 of Ordinance No. 15
is hereby amended to read as follows:
14.20.040 Residential modifications. Except as provided in
this section as an exception, the requirements of the National
Electrical Code shall apply to all residential installations:
EXCEPTIONS:
A. No temporary power pole may be used to supply electricity
to a building for more than sixty days after being occupied or
completed.
B. Dishwashers, clothes dryers, garbage disposals or any
other fixed appliances shall each be on a separate circuit.
C. Except as otherwise provided in this section, metal
boxes shall be used and the following shall be installed in a
raceway permitted under this code: service entrance conductors,
conductors for motors, conductors in all industrial and commercial
buildings, hotels, motels, lodge halls, schools, buildings for
public assembly, etc., apartment houses and condominiums having
more than fifteen units or being more than two stories in height.
D. No aluminum wire No. 8 or smaller may be used.
SECTION 2. This ordinance shall take effect thirty (30) days
after the date of its adoption, and prior to the expiration of
fifteen (15) days from the passage thereof shall be published at
least once in a newspaper of general circulation, published and
circulated in the City of Morro Bay and thenceforth and thereafter
the same shall be in full force and effect.
PASSED AND ADOPTED by the City Council of the City of Morro
Bay at a meeting of said City Council held the 9th day of May,
1977, by the following roll call vote:
AYES: Councilmen Brown, Pipitone, Rowland, Shelton and Mayor
Mitchell
NOES: None
ABSENT: None
ATTEST:
M. L. APDE
M. L. ARDEN, City Clerk
DALE C. M EH LL, M yor
■
ORDINANCE NO. 152
AN ORDINANCE CREATING CHAPTER 13.20
TO TITLE 13 OF THE MORRO BAY MUNICIPAL
CODE ADOPTING A BUILDING LIMITATION
ORDINANCE
T H E C I T Y C O U N C I L
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as
follows:
WHEREAS, the City of Morro Bay is faced with a severe water
shortage, and
WHEREAS, the City Council finds it necessary to regulate the
addition of new water users to the City water system.
NOW, therefore, the City Council of the City of Morro Bay
does ordain as follows:
SECTION 1: Chapter 13.20 to Title 13 of the Morro Bay
Municipal Code entitled "Building Limitation" is hereby created as
follows:
CHAPTER 13.20 - BUILDING LIMITATION
SECTION 13.20.010. The Planning Commission of the City of
Morro Bay is hereby appointed to serve as the Building Limitation Board.
SECTION 13.20.020. The Building Limitation Board is charged
with the implementation of building control provisions and will act
as the apportioning agency for disbursement of the established building
permit quotas.
SECTION 13.20.030. The basis for apportioning building permits
is the historic ratios of building permits that exists between the four
building permit categories, i.e., single family residential, duplex,
multiple family dwellings and commercial structures.
SECTION 13.20.040. The historic ratios are as follows:
a. Single family residential
b. Duplex family residential
c. Multiple family residential
d. Commercial structures
63.07%
4.59%
26.12%
6.22%
SECTION 13.20.050. Water equivalencies shall be determined
on the following scale:
Single family residence 1.00
Duplex .36
Apartment Unit .54
•
PAGE TWO - Ordinance No. 152
Motel Unit .60
Trailer Park Unit .46
Art Gallery .11
Bank .93
Barber & Beauty Shop w /apts. 2.43
Bicycle Shop .10
Candle Shop .17
Car Wash 3.98
Church .39
Day Nursery 1.98
Dental Office 1.01
Drug Store .48
Food & Gas Convenience Store .34
Garage .27
Glass Sales .13
H.M.S. Salt Mall 3.76
Laundromat 21.97
Marine Supply Store .52
Office (small) .12
Oyster Processor 6.76
Real Estate Office .25
Restaurant 6.48
Rest Care Facility 59.96
Retail Store (small) .15
Seafood Processor 22.99
Service Station 1.86
Supermarket 1.95
Transient trailer vehicle and recreational vehicle parks shall be
considered in the commercial building permit category and each space
shall be considered to require water usage one -sixth that established
for a single family residence. Mobile home parks shall be considered
as subdivisions.
SECTION 13.20.060. The City Council shall establish the yearly
total number.of water equivalencies to be allocated. The total water
equivalencies for 1977 shall be 161. Subsequent years shall be
allocated by City Council resolution. The Building Limitation Board
will apportion the yearly quota of water equivalency permits on a
quarterly basis. At the end of each quarter and at the end of the
year, any unallocated equivalency permits within each building permit
category will be added to the total of the next quarter's, and if
PAGE THREE - Ordinance No. 152
appropriate, the next year's water equivalencies of that category,
and will be apportioned by application of the historic ratios cited
in Section 13.20.040.
SECTION 13.20 070. Applications for water equivalency permits
will be considered for apportionment by the Building Limitation Board
on the basis of time and date of receipt of the application by the
Planning and Building Department, i.e., "first come - first served ",
An application must conform to all existing requirements for building
permit application, i.e., plans and specifications submitted to the
Planning and Building Department.
SECTION 13.20.080. Equivalency permits shall be apportioned
to a project without regard to cost, design, aesthetics or other
considerations beyond the scope of the procedures suggested herein.
SECTION 13.20.090. SINGLE FAMILY RESIDENCE APPLICATIONS
A. A five step screening process is hereby adopted to be
applied by the Building Limitation Board in determining eligibility
for a water equivalency permit. An application must proceed through
each sequence of the five -step process. The screening plan, or filter
system, is responsive to a series of questions as follows:
1. Is the application for a subdivision? If yes, no
permit allowed; if no, apply the next test.
2. Is the application by and for an owner - builder with
an owner - builder defined as the person with whom
title to the property is vested and is the construction
to be done by the owner, not be a general contractor
or developer? If yes, one permit is allowed; if
no, apply the next test.
3. Is the application by and for the owner - occupant with
owner- occupant defined as the person in whom title to
the property is vested, but who has engaged a contractor
for construction? If yes, one permit is allowed; if
no, apply the next test.
4. Is the application by and for a person who is building
for speculative sale to an owner occupant? If yes, up
to two permits allowed; if no, apply the next test.
5. Is the application by and for a person who is building
for speculative sale to an owner for rental purposes or
who is building for his own rental purposes? If yes,
up to two permits allowed.
B. For single family residences, the Building Limitation Board
will apportion the quarterly quota each month; however, applications
PAGE FOUR - Ordinance No. 152
meeting the owner- builder or owner- occupant test in excess of the
quarterly quota will be automatically considered during the next
apportionment cycle on the basis of time and date of application receipt
by the Planning and Building Department. In essence, these applications
will take precedence over subsequent applications.
C. Applications for condominium -type dwellings will be considered
in the category of single family or multiple dwelling depending upon the
zoning designation and requirements of the area in which the project is
proposed.
SECTION 13.20.100. COMMERCIAL AND MULTIPLE DWELLING APPLICATIONS
A. The Building Limitation Board will apportion water
equivalency permits for these two categories each quarter on the
basis of time and date of receipt of the building permit application
by the Planning and Building Department.
B. All of the quarterly quota will be apportioned once during
the quarter.
SECTION 13.20.110. Water equivalency building permits are
not transferable, i.e., a specific permit will be issued for a specific
project and if the project is not begun within the time specified, the
permit will expire. This provision is intended to preclude hoarding
or trafficing in permits and is intended to assure that water equivalency
permits are issued only to bonfide building projects.
SECTION 13.20.120. Once a project is issued a water equivalency
permit, construction must start within 'sixty days• after all permits
have been granted, i.e., Planning Commission, Coastal Commission, etc.,
and construction must proceed with due diligence.
SECTION 13.20.130. This ordinance is necessary under Section
36937 of the Government Code of the State of California, for the immediate
preservation of the public peace, health, or safety and shall therefore
take effect upon its adoption.
Passed and adopted by the City Council of the City of Morro Bay
at a regular meeting therof held this llth day of April
1977, by the following roll call vote:
AYES: Councilmen Brown, Rowland, Shelton and Mayor Mitchell
NOES: Councilman Pipitone
ABSENT: None
6,,c,n Yi"
DALE C. Mi. CHELL, YOR
M. L. WARDEN, City Administrator
•
ORDINANCE NO. 151
AN ORDINANCE AMENDING CERTAIN PROVISIONS OF ORDINANCE NO. 28,
ENTITLED "AN ORDINANCE OF THE CITY OF MORRO BAY PROVIDING FOR
THE GRANTING OF A NON - EXCLUSIVE FRANCHISE FOR A COMMUNITY
ANTENNA SYSTEM IN THE CITY OF MORRO BAY TO CENTRAL CALIFORNIA
COMMUNICATIONS CORPORATION AND PROVIDING TERMS AND CONDITIONS
FOR THE OPERATING OF SAID COMMUNITY ANTENNA TELEVISION SYSTEM
AND FEES THEREFORE"
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, a request has been made by Central California
Communications Corporation, grantee, to assign franchise interests
for a community antenna television system in the City of Morro
Bay to Sonic Cable TV, a California corporation, assignee; and
WHEREAS, it is in the public interest that approval of this
City Council be given to said assignment, provided assignee
assumes all the obligations required to be assumed by the Grantee
under said franchise.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Morro Bay as follows:
SECTION 1. Consent is hereby given by said Council to the
assignment of franchise interests for the community antenna
television system in the City of Morro Bay to Sonic Cable TV.
SECTION 2. Ordinance No. 28, an Ordinance of the City of
Morro providing for the granting of an exclusive franchise for a
community antenna television system in the City of Morro Bay to
Central California Communications Corporation and providing terms
and conditions for the operation of such community antenna television
system and fees therefor, and subsequent amending Ordinance Nos.
128 and 146, are hereby amended to substitute Sonic Cable TV in
the place and stead of Central California Communications Corporation
and wherever in these ordinances Central California Communications
Corporation appears, Sonic Cable TV is substituted therefor.
SECTION 3. A copy of the Assignment of Franchise Agreement
and Assumption Agreement is made a part of this ordinance.
SECTION 4. This assignment shall become effective upon
receipt by the City of the executed Assignment of Franchise
Agreement and Assumption Agreement.
SECTION 5. Each and all of the other terms, provisions, and
conditions of said franchise, except as expressly modified above,
remain in full force and effect.
SECTION 6. This ordinance shall take effect thirty (30)
days after the date of its adoption, and prior to the expiration
of fifteen (15) days from the passage thereof shall be published
at least two times in a newspaper of general circulation, published
and circulated in the City of Morro Bay and thenceforth and
thereafter the same shall be in full force and effect.
t
Ordinance No. 151
Page Two
PASSED AND ADOPTED by the City Council of the City of Morro
Bay at a meeting of said City Council held this 28th day of February,
1977, by the following roll call vote:
AYES: Councilmen Brown, Pipitone, Rowland, Shelton and Mayor
Mitchell
NOES: None
ABSENT: None
ATTEST:
M. L WARDEN, City Clerk
�< <
DALE C. MIT E L, Mayor
f 6
O
ORDINANCE NO. 150
AN ORDINANCE CREATING CHAPTER 9.12 OF TITLE 9
OF THE MORRO BAY MUNICIPAL CODE,
ALLOWING BINGO GAMES CONDUCTED BY CERTAIN
CHARITABLE ORGANIZATIONS
T H E C I T Y C O U N C I L
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as follows:
SECTION 1. That Chapter 9.12 of Title 9, of the Morro Bay
Municipal Code is hereby created as follows:
CHAPTER 9.12
BINGO GAMES
9.12.010. Definitions. The following terms shall have the
following meanings when used in this Chapter:
A. "Bingo" means a game of chance in which prizes are awarded
on the basis of designated number or symbols on a card which
conforms to numbers or symbols selected at random.
B. "Collector" as used in this Title, means any city officer
charged with the administration of this Title.
C. "Eligible Organizations" means those corporations, community
chests or trusts, organized and operated exclusively for
religious, charitable, scientific, literary or educational
purposes or for the prevention of cruelty to children or
animals exempted from the payment of the bank or corporation
tax by Section 23701(d) of the California Revenue and Taxa-
tion Code and a contribution or gift to which is a charitable
contribution under Section 170(c)(2) of the Internal Revenue
Code of 1954.
9.12.020. License Required. It is unlawful for any person, indi-
vidual, partnership, corporation, trust or community chest to hold,
operate, maintain, conduct or to knowingly allow to be held, operated,
maintained or conducted upon his, her or its property a bingo game or
games, as defined in this Chapter, in the incorporated area of the City
of Morro Bay, unless it shall first obtain in the manner and pursuant
to the conditions prescribed herein, a license from the City to operate,
maintain or conduct such bingo game or games. Said license shall be
issued only to eligible organizations as defined under Section 9.12.010.
9.12.030. Application for License. Eligible organizations
desiring to obtain a license to conduct bingo games in the City of
Morro Bay shall file an application in writing on a form to be provided
by the city. Said application shall be signed under penalty of perjury
by at least two (2) officers, including the presiding officer, of the
corporation, community chest, or otherwise eligible organization and
the trustee of any trust. The license issued shall be for a term of
one (1) year from date of issuance subject to renewal and annual fee.
9.12.040. Applicant must be qualified. An organization which
establishes that it is a charitable corporation and that a contribu-
tion or gift to it would be a deductible, charitable contribution
may apply to the City of Morro Bay for a permit to conduct bingo games
Ordinance No, 150
Page Two
•
within the ctty limits of the City of Morro Bay in accordance with
Penal Code Section 326.5.
9.12.050. Content of Application. Said application for license
shall contain the following:
A. A name and address of the applicant organization.
B. A statement by the applicant that it is an eligible organi-
zation as defined herein.
C. A copy of the letter of exemption from the California Franchise
Tax Board indicating that the applicant is an exempt organi-
zation under Section 23701(d) of the California Revenue and
Taxation Code.
D. A copy of the letter from the Internal Revenue Service
indicating that the applicant is a corporation trust or
community chest to which a contribution or gift would con-
stitute a charitable contribution under Section 170(c)(2)
of the Internal Revenue Code of 1954.
E. The exact location, including description and street address
of the property to be used by the applicant for conducting
the bingo game.
F. A statement by the applicant that the property described in
sub- paragraph E above is owned by the applicant or is leased
by the applicant and that said property is used by the appli-
cant for the office or for the performance of the purposes
for which the applicant is organized.
G. The proposed days of the week and hours of the day during
which bingo games will be conducted.
H. A statement that the applicant agrees to conduct said bingo
games in strict compliance with the provisions of Section
326.5 of the California Penal Code and this Chapter as they
may be amended from time to time and agrees that the license
to conduct bingo games may be revoked by the City upon vio-
lation of any such provisions.
I. The annual license fee as fixed by resolution of the City
Council shall accompany the application.
9.12.060. Contents of License. Upon being satisfied that the
applicant is fully qualified under the law to conduct bingo games in
the city, license shall be issued to said applicant which shall contain
the following information:
A. The name and nature of the organization to whom the license
is issued.
B. The address where bingo games are authorized to be conducted.
C. The occupancy capacity of the room in which the bingo games
are to be conducted.
D. The date of the expiration of said license.
Ordinance No, 150
Page Three
E. Such other information as may be deemed necessary or
desirable for enforcement of the provisions of this Chapter.
9.12.070. Change in Facts Relat'ing to Ayp1icati'on. The applicant
and /or licensee shall notify the city in writing of any change in the
facts set forth in the application and accompanying documents within
five (5) days after such change.
9.12.080. Summary Sus ?ension of License Pending Opportunity for
Hearing - Misdemeanor to Continue After Suspension -
Revocation.
A. Whenever it appears to the Collector or his authorized repre-
sentative that the licensee is conducting a bingo game in
violation of any of the provisions of this Chapter, the
Collector may summarily suspend the license and order the
licensee to immediately cease and desist any further opera-
tion of any bingo game. Said suspension shall be effective
upon service in the manner prescribed, upon the licensee of
the suspension order described in sub - paragraph C hereof.
Said suspension order shall be served by posting a copy of
said order at the address described in the license at the
location designated for conducting the said bingo games and
by depositing a copy of said suspension order in the United
States Mail, directed to the licensee at the address given
in the application.
B. Any person who continues to conduct a bingo game after any
summary suspension thereof, under sub - section A above, shall
be deemed guilty of a misdemeanor and upon conviction thereof,
shall be punishable by a fine not exceeding $500.00 or by
imprisonment in the County jail for a period not exceeding
six (6) months, or by both such fine and imprisonment.
C. The order issued under sub - section A shall also notify the
licensee of the grounds for said suspension and shall inform
the licensee that it shall have fourteen (14) days from the
date of service of such order to request a hearing before
the City Council to determine whether such license shall be
revoked. Failure to request, in writing, such hearing within
said fourteen (14) days, shall result in a revocation of the
license. Upon said revocation, the licensee shall be notified
of such fact by depositing in the United States Mail a notice
directed to said licensee at the address given in the applica-
tion.
D. Any licensee whose license is suspended or revoked pursuant
to sub - sections A, B, and C hereof shall have the right,
within fourteen (14) days after service of said suspension
order or revocation order, to file with the City Clerk a
written request for hearing by the City Council. Such request
shall state the specific ground or grounds upon which the
licensee contends said license should not be revoked.
The City Council shall hold a hearing regarding the possible
revocation of said bingo license within thirty days after
receipt by the City Clerk of said request for hearing, or
at a time thereafter agreed upon, and shall cause the appellant
to be given at least ten (10) days written notice of such
hearing. At the hearing, the appellant or its authorized
representative shall have the right to present evidence and
• •
Ordinance No. 150
Page Four
a written or oral argument, or both, in support of this
appeal. All such testimony, whether written or oral, shall
be given under penalty of perjury. The determination of
the City Council on the appeal shall be final. At the con-
clusion of the hearing, the City Council shall make findings
supporting its decision whether the license should be revoked.
E. Any organization whose license is revoked pursuant to sub-
section C hereof shall not conduct any-bingo game in the
City of Morro Bay until such time as the City Council, on
appeal, determines to set aside said revocation.
9.12.090. Revocation of License - Effect of Revocation. Any
organization whose license is finally revoked pursuant to this Chapter
may not again apply for a license to conduct bingo games in the City
of Morro Bay for a period of one (1) year from the date of such revoca-
tion; provided, however, if the ground for revocation is cancellation
of the exemption granted under Section 23701(d) of the Revenue and
Taxation Code or its charitable organization status under Section 170
(c)(2) of the Internal Revenue Code of 1954, such organization may
again apply for a license upon proof of reinstatement of said exemption.
9.12.100. Maximum Amount of Prize. The total value of prizes
awarded during the conduct of any bingo game shall not exceed $250.00
in cash or kind, or both, for each separate game which is held.
9.12.110. Profits to be Kept in Separate Fund or Account. All
profits derived from a bingo game shall be kept in a special fund or
account and shall not be commingled with any other fund or account.
The licensee shall keep full and accurate record of the income and
expenses received or dispersed in connection with its operation, conduct,
promotion, supervision and any other phase of the bingo games which are
authorized by this Chapter. The City of Morro Bay, by and through its
authorized officers, shall have the right to examine and audit such
record at any reasonable time and the licensee shall fully cooperate
with the City of Morro Bay by making such record available.
9.12.120. Financial Interest in Licensee Only. No individual,
corporation, partnership, or other legal entity, except the licensee,
shall hold a financial interest in the conduct of such bingo game.
9.12.130. Exclusive Operation by Licensee. A bingo game shall
be operated and staffed only by members of the licensee organization.
Such members shall not receive a profit, wage, or salary from any bingo
game. Only the licensee shall operate such game or participate in the
promotion, supervision or any other phase of such game.
9.12.140. Bingo Games Open to Public. All bingo games shall be
open to the public, not just to members of the licensee organization.
9.12.150. Attendance Limited to Occupany Capability. Notwith-
standing that bingo games are open to the public, attendance at any
bingo game shall be limited to the occupancy capacity of the room in
which such game is conducted as determined by the Building Official
in accordance with the applicable laws and regulations. The licensee
shall not reserve seats or space for any person.
9.12.160. Bingo Games Conducted Only on Licensee's Property. A
licensee shall conduct a bingo game only on property owned, leased or
rented by it, and which property is used by such organization for an
office or for performance of the purposes for which the organization
t
Ordinance No, 150
Page Five
is organized. The license issued under this Chapter shall authorize
the holder thereof, to conduct bingo games only on such property, the
address of which is stated on the application. In the event the de-
scribed property ceases to be owned or leased by the licensee, the
license shall have no further force or effect. A new license may be
obtained by an eligible organization, upon application under this Chapter,
when it again owns or leases property used by it for an office or for
performance of the purposes for which the organization is organized.
9.12.170. Minors not to Participate. No person under the age of
eighteen (18) years of age shall be allowed to participate in any
bingo game.
9.12.180. House of Operation. No licensee shall conduct any
bingo game more than six (6) hours out of any twenty -four (24) hour
period. No bingo game shall be conducted before 10:00 a.m. nor after
2:00 a.m. of any day.
9.12.190. Participant must be Present. No person shall be
allowed to participate in a bingo game unless the person is physically
present at the time and place in which the bingo game is being conducted.
9.12.200. Receipt of Profits by a Person a Misdemeanor Under
State Law. It is a misdemeanor under Section 326.5(b)
of the Penal Code of the State of California for any person to receive
a profit, wage, or salary from any bingo game authorized under this
Chapter, a violation of which is punishable by a fine not to exceed
$10,000.00.
9.12.210. Severability. If any section, sub - section, or portion
of this Chapter is for any reason held to be invalid or unconstitu-
tional by the decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portion of
the Chapter. The City Council hereby declares that it would have
adopted this Chapter and each section, sub - section or portion thereof,
irrespective of the fact that any one or more section, sub - section,
or portion be declared invalid or unconstitutional.
SECTION 2. This ordinance shall take effect thirty (30) days
after the date of its adoption, and prior to the expiration of fifteen
(15) days from the passage thereof shall be published at least one
(1) time in a newspaper of general circulation, published and circulated
in the City of Morro Bay and thenceforth and thereafter the same shall
be in full force and effect.
PASSED AND ADOPTED by the City Council of the City of Morro Bay
at a meeting of said City Council held this 8th day of November,
1976', by the following roll call vote:
AYES: Councilmen Brown, Pipitone, Rowland, Shelton and Mayor Mitchell
NOES: None
ABSENT: None
ATTEST:
WARDEN, City Clerk
10a (79�
DALE C. MITCH LL, Mayor
a
ORDINANCE NO, 149
AN ORDINANCE ADDING SECTION 10.28.190, 10.28.200,
10.28.210, AND 10.28.220 TO CHAPTER 10.28
OF TITLE 10 OF THE CITY OF MORRO BAY MUNICIPAL CODE
AND AMENDING SECTION .I OF ORDINANCE NO. 9,
RESTRICTING THE USE OF MOTORCYCLES
T H E C I T Y C O U N C I L
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as follows:
SECTION 1. There is hereby added to Section 1 of Ordinance No.
9 and to the Morro Bay Municipal Code of the City of Morro Bay, Section
10.28.190, 10.28.200, 10.28.210, and 10.28.220, which is to read as
follows:
10.28.190 Operation of Vehicles on Certain Public Property
Prohibited.
No person shall operate or drive a motor vehicle, motorcycle,
minibike, trail bike, dune buggy, motor scooter, jeep or other form
of powered transportation upon any public property which is not held
open to the public for vehicular use and which is not subject to the
provisions of the Vehicle Code except for emergency vehicles, the
vehicles of governmental agencies and public utilities and the vehicles
of persons holding a written permit from the City Administrator or his
designated representative. Such permits will be specific in identifying
approved dates and hours of operation within the authorized period to
include an exact expiration date. The permit will also contain any
additional instructions deemed appropriate for the property or area
being authorized by the permit.
10.28.200 Operating Vehicles on Private Property Prohibited.
No person shall operate or drive a motor vehicle, motorcycle, mini -
bike, trail bike, dune buggy, motor scooter, jeep or other form of
powered transportation upon the private property of another which is
not held open to the public for vehicular use, and which is not subject
to the provisions of the Vehicle Code except for emergency vehicles,
the vehicles of governmental agencies or public utilities and to
persons or vehicles driving upon such property without the written
consent of the owner or person in lawful possession of such property.
Such written consent shall be displayed upon request of a Peace
Officer and shall contain as a minimum: the name and address of per-
son to whom permit is issued; any restrictions as to days or hours of
operation; designation of a definite expiration date which will be
automatically six months from date of issue if none is so designated;
and signature of property owner or person in lawful possession of
such property.
10.28.210 Spark Arrestor(s) and Muffler(s) Required.
No person shall operate or drive a motor vehicle, motorcycle,
minibike, trail bike, dune buggy, motor scooter, jeep or other form
of powered transportation upon any vacant lot, parking lot, vacant
property or acreage within the City unless such vehicle is at all
times equipped with an adequate spark arrestor(s) and muffler(s) in
constant operation and properly maintained so as to meet the require-
ments of the Vehicle Code (Section 38280) of the State of California,
as the same now exists or may hereafter be amended, and no muffler(s)
Ordinance No, 149
Page Two
or exhaust system(s) shall.be equipped with 'a cutout, bypass, or
similar device.
10.28.220 Operating as a Nuisance.
No person shall operate or drive a motor vehicle, motorcycle,
minibike, trail bike, dune buggy, motor scooter, jeep or other form
of powered transportation in such a manner as to disturb the peace
and quiet of any neighborhood or person by noise, dust, smoke, fumes
or other cause arising out of the operation of such vehicle.
SECTION 2. This ordinance shall take effect thirty (30) days
after the date of its adoption, and prior to the expiration of
fifteen (15) days from the passage thereof shall be published at
least two times in a newspapaer of general circulation, published and
circulated in the City of Morro Bay and thenceforth and thereafter
the same shall be in full force and effect.
PASSED AND ADOPTED by the City Council of the City of Morro Bay
at a meeting of said City Council held this 27th day of September,
1976, by the following roll call vote:
AYES: Councilmen Brown, Rowland, Shelton and Mayor Mitchell
NOES: None
ABSENT: Councilman Pipitone
ATTEST:
. WARDEN, Ciby Clerk
De:
E C. MITC LL, Mayor