HomeMy WebLinkAboutOrdinances 65 - 118CITY OF MORRO BAY
ORDINANCES
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ORD. NO.
TITLE ADOPTED
111
AN ORDINANCE CREATING CHAPTER IV OF TITLE
III, REGULATING THE CONSTRUCTION, REPAIR,
MODIFICATION AND DESTRUCTION OF WATER WELLS
WITHIN THE INCORPORATED AREA OF THE CITY OF
MORRO BAY
112 AN ORDINANCE DELETING SECTIONS 11200, 11202,
11204, 11207 and 11208 AND ADDING NEW SECTIONS
11200, 11200.1, 11200.2, 11020, 11205, 11207,
AND 11208 OF CHAPTER II OF TITLE XI OF THE
MORRO BAY MUNICIPAL CODE
113 VOID
114 AN ORDINANCE REPEALING AND /OR AMENDING VARIOUS
CITY OF MORRO BAY ORDINANCES AND /OR PORTIONS
OF THE MORRO BAY MUNICIPAL CODE IN CONFLICT
WITH CURRENT LAWS
115 AN ORDINANCE GRANTING A RIGHT OF ENTRY TO
AUTHORIZED CITY OFFICIALS FOR THE INSPECTION
OF BUILDINGS AND PREMISES FOR THE ENFORCEMENT
OF THE PROVISIONS OF THE MORRO BAY, CALIFORNIA
ORDINANCES
116 AN ORDINANCE CREATING CHAPTER VIII OF TITLE
VIII OF THE MORRO BAY MUNICIPAL CODE MODIFYING
THE STATE SPEED LIMIT ON CERTAIN STREETS OR
PORTIONS THEREOF
117 AN ORDINANCE TO AMEND ORDINANCE NO. 1 ENTITLED
THE UNIFORM LOCAL SALES AND USE TAX ORDINANCE
118 AN ORDINANCE AMENDING CHAPTER IV OF TITLE III
OF THE MORRO BAY MUNICIPAL CODE
6 -11 -73
6 -11 -73
9 -11 -73
9 -11 -73
9-24-73
9 -24 -73
10 -29 -73
1
CITY OF MORRO BAY
ORDINANCES
1
ORD. NO.
TITLE ADOPTED
100 AN ORDINANCE AMENDING SECTIONS 5102, 5102,
5103.1, 5104.2.5, 5104.2.6, 5104.2.7, 5104.2.8,
5104.2.9, 5104.2.10, 5104.2.11, 5104.2.12,
5104.4.2, 5105.3, 5106.3.a, 5106.6, 5106.11,
5106.13, 5106.16, 5108.1, AND DELETING SECTION
5110.5 OF CHAPTER I TO TITLE V OF THE MORRO BAY
MUNICIPAL CODE 12 -27 -71
101 AN ORDINANCE AMENDING SECTION 11101.15 of
CHAPTER I OF TITLE XI OF THE MORRO BAY MUNICIPAL
CODE BY ADDING SUB- PARAGRAPH (3) TO PARAGRAPH
(c), SECTION 11101.15
2 -14 -72
102 AN ORDINANCE REPEALING CHAPTER II OF TITLE XI
OF THE MORRO BAY MUNICIPAL CODE, ORDINANCES 26,
81, AND 99, AND CREATING A NEW CHAPTER II OF
TITLE XI OF THE MORRO BAY MUNICIPAL CODE ENTITLED
"ABATEMENT OF WEEDS AND OTHER NUISANCES HAZARDOUS
TO THE PUBLIC HEALTH, WELFARE AND SAFETY" 2 -28 -72
103 AN ORDINANCE PROHIBITING ALL PRIVATE OR PUBLIC
CONSTRUCTION IN THE AREA EASTERLY OF MORRO ROCK,
NORTHERLY OF MORRO BAY, WESTERLY OF P. G. & E.,
AND SOUTHERLY OF MORRO CREEK, WITHOUT MAJORITY
VOTE OF ELECTORS 4 -21 -72
104
AN ORDINANCE AMENDING THE ZONING MAP OF THE
CITY OF MORRO BAY AS APPLIED TO CERTAIN LOTS
FRONTING ON MAIN STREET BETWEEN HIGHWAY 41
AND LOGAN STREET
5 -22 -72
105 AN ORDINANCE APPROVING AND ADOPTING A BUDGET
FOR THE FISCAL YEAR 1972 -73 6 -26 -72
106 AN ORDINANCE DELETING THE LAST SENTENCE OF
THE THIRD PARAGRAPH OF SECTION 9100, DELETING
SECTION 9123 ENTITLED RATES FOR SERVICE AND
ADDING A NEW SECTION 9123 ENTITLED "RATES FOR
SERVICE, DEPOSITS"
107 AN ORDINANCE AMENDING PORTIONS OF SECTIONS
5104.3.3, 5104.3.4 AND 5106.20 OF THE MORRO
BAY MUNICIPAL CODE ( ZONING REGULATIONS)
108 AN ORDINANCE AMENDING SECTIONS 5302.11,
5303.4, 5310.5, 5313.4, 5320.1, DELETING
SECTION 5319.1, ADDING NEW SECTIONS 5319.1
AND 5319.2 (SIGN REGULATIONS)
109 AN ORDINANCE AMENDING SECTIONS 6100, 6219 AND
6220 OF ORDINANCE NO. 94, CHAPTER II OF TITLE
VI OF THE MORRO BAY MUNICIPAL CODE ENTITLED
"BUSINESS LICENSES"
110
8 -2 -72
9 -11 -72
9 -11 -72
4 -23 -73
AN ORDINANCE REPEALING SECTION NO. 6209 OF
CHAPTER II OF TITLE VI OF THE MORRO BAY
MUNICIPAL CODE AND CREATING A NEW SECTION NO.
6209 OF CHAPTER II OF TITLE VI OF THE MORRO BAY
MUNICIPAL CODE 4 -23 -73
CITY OF MORRO BAY
ORDINANCES
ORD. NO.
TITLE ADOPTED
83 AN ORDINANCE APPROVING AND ADOPTING A
BUDGET FOR THE FISCAL YEAR 1970 -71
84
85
86
87
ANIMAL REGULATIONS
BIRD SANCTUARY
POLICE RESERVE
6 -9 -70
6 -23 -70
7 -14 -70
9 -8 -70
MOTOR VEHICLES ON PUBLIC PROPERTY (EFF.5 -21 -71 11 -18 -70
88 _ _ _ _ _ 1 PAYABLEuKQccCPc( 6`1 11 -10 -70
�1d.8q O
89 BUSINESS LICENSES
90 AN ORDINANCE AMENDING THE ZOING MAP OF THE
CITY OF MORRO BAY (LOTS 8, 9, 10, 11, 12,
AND 21, BLOCK 2 -D, ATASCADERO BEACH)
5 -11 -71
6 -22 -71
91 AN ORDINANCE APPROVING AND ADOPTING A BUDGET
FOR THE FISCAL YEAR 1971 -72 6 -22 -71
92 AN ORDINANCE AMENDING SECTION 11102.9 OF
CHAPTER I OF TITLE XI OF THE MORRO BAY MUNICIPAL
CODE 6 -22 -71
93 AN ORDINANCE AMENDING SECTION 2403 OF CHAPTER 4
OF TITLE II OF THE MORRO BAY MUNICIPAL CODE 8 -24 -71
94 AN ORDINANCE AMENDING CHAPTERS I AND II OF TITLE
VI OF THE MORRO BAY MUNICIPAL CODE ENTITLED
"BUSINESS LICENSES" AND CREATING SECTIONS 6217,
6218, 6219 AND 6220 OF CHAPTER II OF TITLE VI OF
THE MORRO BAY MUNICIPAL CODE ENTITLED "BUSINESS
LICENSES"
95 AN ORDINANCE CREATING CHAPTER III OF TITLE III
OF THE MORRO BAY MUNICIPAL CODE ESTABLISHING
PROVISIONS FOR THE INSPECTION AND REGULATION OF
CROSS- CONNECTIONS TO PUBLIC WATER SUPPLIES
10 -11 -71
10 -26 -71
96 AN ORDINANCE OF THE CITY OF MORRO BAY CREATING
CHAPTER IX OF TITLE XI OF THE MORRO BAY MUNICIPAL
CODE ENTITLED "REGULATIONS TO PRESERVE THE PEACE
AND ORDER" 10 -26 -71
97 AN ORDINANCE DELETING ARTICLE 8, CREATING A NEW
ARTICLE 8 AND ADDING A NEW SECTION 3209.2 TO
CHAPTER II OF TITLE III OF THE MORRO BAY MUNICIPAL
CODE 10 -26 -71
98 AN ORDINANCE AMENDING SECTIONS 11701 AND 11702
OF CHAPTER VII TO TITLE XI OF THE MORRO BAY
MUNICIPAL CODE
10 -26 -71
99 AN ORDINANCE AMENDING SECTIONS 11200, 11204, 11208
AND 11210 AND ADDING SECTIONS 11211 and 11212 TO
CHAPTER II OF TITLE XI OF THE MORRO BAY MUNICIPAL
CODE 11 -8 -71
CITY OF MORRO BAY
ORDINANCES
ORD. NO.
TITLE
ADOPTED
65 ZONING ORDINANCE 1,7"
(71
66 ORDINANCE AMENDING SECTIONS 4110, 4111,
4112, 4115, 4200, 4206, 4210, 4215, 4230,
4231, 4232, 4240, 4260, 4273 AND 5307.4
AND DELETING SECTIONS 4203 AND 4220 OF
MORRO BAY MUNICIPAL CODE
67 ORDINANCE AMENDING SECTIONS OF WATER,
STANDARD IMPROVEMENT SPECIFICATIONS AND
DRAWINGS, AND ANIMAL CONTROL ORDINANCES
68 ORDINANCE AMENDING ZONING MAP
(LOTS 30 THROUGH 34, BLOCK 3, MORRO
HEIGHTS TRACT)
69 REAL PROPERTY TRANSFER TAX ORDINANCE
70 UNIFORM TRANSIENT OCCUPANCY TAX ORD.
71 VEHICLE ABATEMENT ORDINANCE
72 UNDERGROUND UTILITIES ORDINANCE
73 ORDINANCE ADOPTING BUDGET FOR 1968 -69
74 ORDINANCE AMENDING TITLE VIII OF THE
MUNICIPAL CODE
75 GOLF CART ORDINANCE
76 FIRE PROTECTION AND PREVENTION ORD.
77 ORDINANCE AMENDING SECTIONS OF ZONING
ORDINANCE
78
9 -12 -67
0
9 -26 -67
11 -14 -67
11 -14 -67
11 -28 -67
2 -13 -68
2 -27 -68
4 -16 -68
6 -25 -68
7 -9 -68
1 -28 -69
2 -11 -69
3 -11 -69
ORDINANCE APPROVING AND ADOPTING A BUDGET
FOR THE FISCAL YEAR 1969 -70 6 -10 -69
79 ORDINANCE CREATING AND ADDING SECTION 8620
TO CHAPTER VI, TITLE VIII OF THE MORRO BAY
MUNICIPAL CODE ENTITLED "LIMITED TIME PARKING"
80 AN ORDINANCE CREATING & ADDING SECTION 10 -28 -69
8516 TO CHAPTER V, TITLE VIII ENTITLED
"MOTOR VEHICLES ON PUBLIC BEACHES" 1 -13 -70
81 AN ORDINANCE AMENDING CHAPTER II OF TITLE
XI ENTITLED "ABATEMENT OF WEEDS" 1 -13 -70
82 AN ORDINANCE CREATING & ADDING CHAPTER V
TO TITLE VI - PRIVATE PATROL SERVICE
LICENSING
4 -28 -70
•
ORDINANCE NO. 118
AN ORDINANCE AMENDING CHAPTER IV OF TITLE III
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 the title of Chapter IV of Title III of the
Morro Bay Municipal Code be amended by deleting the word "water ".
SECTION 2. That Section 3401 of Chapter IV be amended as
follows:
3401. Definitions
s. (10) Agricultural wells
SECTION 3. That Section 3412 of Chapter IV be amended to
read as follows:
3412. Standards
Standards for the construction, repair, modification or
destruction of wells shall be as set forth in Chapter II of
the California Department of Water Resources Bulletin No. 74,
"Water Well Standards ": State of California, and Department
of Water Resources Bulletin No. 74 -1 entitled "Cathodic
Protection Well Standards, State of California."
SECTION 4. 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 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 29th day of October,
1973, by the following roll call vote:
AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay and
Mayor Mitchell
NOES: None
ABSENT: None
ATTEST:
. WARDEN, City Clerk
reialt E C. MI , Mayo
• •
ORDINANCE NO. 117
AN ORDINANCE TO AMEND ORDINANCE NO. 1
ENTITLED THE UNIFORM LOCAL SALES AND USE TAX 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. Section 11 of Ordinance No. 1 entitled the
Uniform Local Sales and Use Tax Ordinance is amended to read:
SECTION 11. PERMIT NOT REQUIRED. If a seller's
permit has been issued to a retailer under Section
6067 of the Revenue and Taxation Code, an additional
seller's permit shall not be required by this ordinance.
SECTION 2. Section 12.5 is added to said ordinance to read:
SECTION 12.5. EXCLUSIONS AND EXEMPTIONS.
(a) The amount subject to tax shall not include
any sales or use tax imposed by the State of Cali-
fornia upon a retailer or consumer.
(b) The storage, use, or other consumption of
tangible personal property, the gross receipts
from the sale of which have been subject to tax
under a sales and use tax ordinance enacted in
accordance with Part 1.5 of Division 2 of the
Revenue and Taxation Code by any city and county,
county, or city in this State shall be exempt from
the tax due under this ordinance.
(c) There are exempted from the computation of the
amount of the sales tax the gross receipts from
the sale of tangible personal property to operators
of wateborne vessels to be used or consumed princi-
pally outside the city in which the sale is made
and directly and exclusively in the carriage of
persons or property in such vessels for commercial
purposes.
(d) The storage, use, or other consumption of
tangible personal property purchased by operators
of waterborne vessels and used or consumed by such
operators directly and exclusively in the carriage
of persons or property of such vessels for commercial
purposes is exempted from the use tax.
(e) There are exempted from the computation of
the amount of the sales tax the gross receipts
from the sale of tangible personal property to
operators of aircraft to be used or consumed princi-
pally outside the city in which the sale is made
and directly and exclusively in the use of such
aircraft as common carriers of persons or property
under the authority of the laws of this state, the
United States, or any foreign government.
• •
ORDINANCE NO. 117
Page Two
(f) In addition to the exemptions provided in
Sections 6366 and 6366.1 of the Revenue and
Taxation Code the storage, use, or other consump-
tion of tangible personal property purchased by
operators of aircraft and used or consumed by
such operators directly and exclusively in the
use of such aircraft as common carriers of persons
or property for hire or compensation under a
certificate of public convenience and necessity
issued pursuant to the laws of this state, the
United States, or any foreign government is ex-
empted from the use tax.
SECTION 3. Section 12.6 is added to said ordinance to read:
SECTION 12.6. APPLICATION OF PROVISIONS RELATING
TO EXCLUSIONS AND EXEMPTIONS.
(a) Section 12.5 of this ordinance shall become
operative on January 1st of the year following
the year in which the State Board of Equalization
adopts an assessment ratio for state - assessed
property which is identical to the ratio which
is required for local assessments by Section 401
of the Revenue and Taxation Code, at which time
Section 12 of this ordinance shall become inoperative.
(b) In the event that Section 12.5 of this ordin-
ance becomes operative and the State Board of
Equalization subsequently adopts an assessment
ratio for the state - assessed property which is
higher than the ratio which is required for local
assessments by Section 401 of the Revenue and
Taxation Code, Section 12 of this ordinance shall
become operative on the first day of the month next
following the month in which such higher ratio is
adopted, at which time Section 12.5 of this ordin-
ance shall be inoperative until the first day of the
month following the month in which the Board again
adopts an assessment ratio for state - assessed pro-
perty which is identical to the ratio required for
local assessments by Section 401 of the Revenue and
Taxation Code, at which time Section 12.5 shall
again become operative and Section 12 shall become
inoperative.
SECTION 4. This ordinance shall be operative on January 1,
1974.
PASSED AND ADOPTED by the City Council of the City of Morro
Bay at a meeting of said Council held this 24th day of September,
1973, by the following roll call vote:
AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay and
Mayor Mitchell
NOES: None
ABSENT: None
ATTEST:
the �
DALE C. MIT HELL, Mayor
• •
ORDINANCE NO. 116
AN ORDINANCE CREATING CHAPTER VIII OF TITLE VIII OF
THE MORRO BAY MUNICIPAL CODE MODIFYING THE
STATE SPEED LIMIT ON CERTAIN STREETS
OR PORTIONS THEREOF
T H E C I T Y C O U N C I L
City of Morro Bay, California
SECTION 1. That Chapter VIII of Title VIII of the Morro Bay
Municipal Code is created as follows:
CHAPTER VIII
8800. It is hereby determined upon the basis of an engin-
eering and traffic investigation that the speed otherwise permitted
by state law upon the following streets does not fall within
reasonable or safe limits under the conditions found to exist
upon such streets, and it is hereby declared that the prima facie
speed limit shall be as herein set forth on those streets or
parts of streets herein designated when signs are erected giving
notice thereof:
NAME OF STREET OR SPEED LIMIT
PORTION AFFECTED (MILES PER HOUR)
Main Street between Atascadero Road,
and Yerba Buena Street 35
Quintana Road between Main Street and
Morro Bay Boulevard 35
Quintana Road between Morro Bay Boulevard
and La Loma Avenue 35
Quintana Road between La Loma Avenue and
South Bay Boulevard 40
Quintana Road between South Bay Boulevard
and the East City Limits 40
South Bay'Boulevard between State Highway
#1 and the South City Limits 40
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 once in a news-
paper 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 24th•dayrof September,
1973 by the following roll call vote:
AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay and Mayor
Mitchell
NOES: None
ABSENT: None
ATTEST:
M. WARDEN, City Clerk
t
D LE C. MITITC L, Mayor
• •
ORDINANCE NO. 115
AN ORDINANCE GRANTING A RIGHT OF ENTRY
TO AUTHORIZED CITY OFFICIALS
FOR THE INSPECTION OF BUILDINGS AND PREMISES
FOR THE ENFORCEMENT OF THE PROVISIONS OF
THE MORRO BAY, CALIFORNIA ORDINANCES
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. Whenever necessary to make an inspection to
enforce any ordinance or resolution, or whenever there is
reasonable cause to believe there exists an ordinance or
resolution violation in any building or upon any premises
within the jurisdiction of the city, any authorized official
of the City of Morro Bay, California, may, upon presentation
of proper credentials, enter such building or premises at
all reasonable times to inspect the same or to perform any
duty imposed upon him by ordinance; PROVIDED, that except
in emergency situations or when consent of the owner and /or
occupant to the inspection has been otherwise obtained, he
shall give the owner and /or occupant, if they can be located
after reasonable effort, twenty -four hours written notice
of the authorized official's intention to inspect. The
notice transmitted to the owner and /or occupant shall state
that the property owner has the right to refuse entry and
that in the event such entry is refused, inspection may be
made only upon issuance of a search warrant by a duly
authorized magistrate. In the event the owner and /or
occupant refuses entry after such request has been made,
the official is hereby empowered to seek assistance from
any court of competent jurisdiction in obtaining such entry.
SECTION 2. All other ordinances or parts of ordinances
including Section 9212.7 of Chapter 2, Title IX of the Morro
Bay Municipal Code which grant any official of this city a
right of entry are hereby amended to delete such right of
entry provisions and insert in their stead the following:
"Any official of the city shall have the right of
entry into buildings or premises regulated by this
ordinance in accordance with the provisions of
Ordinance 115 (This right of entry ordinance)"
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 full force
and effect.
• •
Ordinance No. 115
Page Two
PASSED AND ADOPTED by the City Council of the City of Morro
Bay at a meeting of said Council held this llth day of September,
1973, by the following roll call vote:
AYES: Councilmen Donohoo, Keiser, McConaghay and Mayor Mitchell
NOES: None
ABSENT:
Councilman Jennings
DALE C. M L, Mayor
ATTEST:
M. L. WARDEN, City Clerk
•
ORDINANCE NO. 114
AN ORDINANCE REPEALING AND /OR AMENDING
VARIOUS CITY OF MORRO BAY ORDINANCES AND /OR
PORTIONS OF THE MORRO BAY MUNICIPAL CODE
IN CONFLICT WITH CURRENT LAWS
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 OrdinanceeNo. 2 entitled "Ordinance
Establishing the Penal Sum of the Treasurer's Bond ", adopted
August 25, 1964, is hereby repealed.
SECTION 2. That Ordinance No. 3 entitled "Ordinance
Establishing a Location of City Council Meetings ", adopted
September 1, 1964 is hereby repealed.
SECTION 3. That Ordinance No. 20 entitled "Public
Welfare, Morals and Safety, and Adopting Animal Regulations"
adopted May 11, 1965, is hereby repealed.
SECTION 4. That Section 11132, Dogs That Bite Human
Beings To Be Isolated, Chapter I of Title XI of the Morro
Bay Municipal Code, adopted November 14, 1967, is hereby
repealed.
SECTION 5. That Section 11301 of Chapter III, Delinquency
Prevention, of Title XI of the Morro Bay Municipal Code
adopted October 26, 1965, is hereby repealed.
SECTION 6. That Section 8107 of Chapter I of Title
VIII of the Morro Bay Municipal Code entitled "Traffic
Ordinance" is hereby amended to read as follows:
8107. Holidays
Within the meaning of this ordinance, holidays are
those dates as described in the Federal Holiday Law.
SECTION 7. That Section 9212.7, Private Facilities -
operation, of Chapter II of Title IX of the Morro Bay
Municipal Code is amended by deleting the last sentence which
reads as follows:
"The Director of Public Works and /or the Building
Official of their authorized representatives shall be
entitled to enter at all reasonable times upon the
premises wherein such privately owned facility is situ-
ated for the purpose of inspecting the condition and /or
manner of operation of such facility.
SECTION 8. 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 full force and effect.
• •
ORDINANCE NO. 114
Page Two
PASSED AND ADOPTED by the City Council of the City of Morro
Bay at a meeting of said Council held this llthday of September,
1973 by the following roll call vote:
AYES: Councilmen Donohoo, Keiser, McConaghay and Mayor Mitchell
NOES: None
ABSENT: Councilman Jennings
ATTEST:
M. L. WARDEN, City Clerk
D C. MIT ay
ORDINANCE NO. %I
•
AN ORDINANCE APPROVING AND ADOPTING
A BUDGET FOR THE FISCAL YEAR 1973 -74
T H E C I T Y
City of Morro
C O U N C I L
y, California
WHEREAS, a city is required to
variety of expenditures in order to
which it is responsible; and
WHEREAS, the City Council finds a
efficiency and economy of City govern'
impaired if such expenditures could n.
incurred on a daily basis as the need
ake, from time to time, a
p.ovide day -to -day service for
WHEREAS, Section 37208 of th
California provides that payment 0
approved by ordinance need not be a
prior to payment:
NOW, THEREFORE, the City
does ordain as follows:
SECTION 1. Tha certain
City of Morro Bay, Fis al Year
hereby approved and ado. ed as
for the City of Morro Bay for t
of t
imme
and s
•r
ON 2. This ordina
Gove. ment Code of the
ate pr- .ervation of the
all ther fore take effect
ce
un
nt
t be
rise
Gove
demands
dited
termines that the
ld be substantially
m'. or such obligations
s and
Code of the State of
conforming to a budget
y the City Council
lof the City of Morro Bay
ocumen
1973 -7^
he Fin
Fisc
i ne
Stat .
ublic
upon
•
PASSED AND ,'OPTED by the Ci
Bay at the regula meeting there
1973 by the followi g roll call vo
AYES:
NOES:
ABSENT:
ATTEST:
M. L. WARDEN, City Clerk
entitled "Final Budget,
", dated June 25, 1973, is
:1 Budget for Expenditures
1 Year 1973 -74.
.essary, under Section 36937
California, for the
peace, health, or safety,
its adoption.
y Council of the City of Morro
held this day of
e:
/D .e t
DALE C. MI C ELL, Mayor
• •
ORDINANCE NO. 112
AN ORDINANCE DELETING SECTIONS
11200, 11202, 11204, 11207 AND 11208
AND ADDING NEW SECTIONS
11200, 11200.1, 11200.2, 11202, 11205, 11207, AND
11208 OF CHAPTER II OF TITLE XI 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 11200. of the Morro Bay Municipal
Code be deleted and that new sections 11200., 11200.1 and 11200.2
be added to read as follows:
11200. Definitions
11200.1 Weeds and Nuisances
a. Weeds which bear seeds of a downy or wingy nature.
b. Sage brush, chaparral and other bush or weed which attain
such large growth as to become, when dry, a fire menace
to adjacent property.
c. Weeds which are otherwise noxious or dangerous.
d. Poison Oak and Poison Ivy when conditions of growth are
such as to constitute a menace to the public health.
e.
•
Dry grass, stubble, brush, litter, rubbish or other
flammable or non - flammable material which endangers the
public safety by creating a fire hazard, health hazard
or public nuisance.
f. Accumulations of brush, trees, logs and other debris in
and around a creek or drainage channel which creates a
potential hazard of impeding the free flow of water under
flood conditions.
g.
Accumulations of filth, garbage, decaying animal or
vegetable matter or animal or human excrement.
h. Accumulations of boxes, boards, or other material liable
to harbor rats or other rodents.
i. Any condition declared by any statute of the State of
California or ordinance of the City of Morro Bay to be
a nuisance.
j. Any public nuisance known at common law or equity.
k. Any attractive nuisance which may prove dangerous or
detrimental to infants.
1. Any condition dangerous to human life, unsafe, or detri-
mental to the public health or safety.
• •
ORDINANCE NO. 112
Page Two
11200.2 Other Definitions.
a. Enforcement Official. Any employee or department head
of the City of Morro Bay charged with the duty of enforcing
ordinances of the City of Morro Bay, County of San Luis
Obispo or laws of the State of California.
b. Owner. The owner of record of the premises affected.
c. Occupier. The person occupying or otherwise in real or
apparent charge and control of the premises affected.
d. Beneficial Owner. Any mortgagee of record; a beneficiary
under recorded deed of trust; or the owner or holder of
any Lease of Record; provided, however, that the United
States of America, the State of California, and the City
of Morro Bay shall not be deemed to be beneficial owners
by virtue of any lien for unpaid taxes.
e. City Council. The City Council of the City of Morro Bay.
SECTION 2: That Section 11202 of the Morro Bay Municipal
Code be deleted and that a new Section 11202 be added to read as
follows:
11202. Notice to Remove and Recordation of Notice.
Whenever the Enforcement Official shall find weeds or other
nuisances upon any property, lands or lots within the City which
may be or become a fire hazard, or may endanger or injure neigh-
boring property, or may be otherwise hazardous to the public health
welfare or safety, a Notice to Remove such weeds or other nuisances
shall be given to any one of the person or persons specified in
Section 11201 above.
At the time said Notice of Nuisance is served as provided
herein, the enforcement official shall cause a copy of said Notice
of Nuisance to be recorded in the office of the City Clerk of the
City of Morro Bay.
SECTION 3: That Section 11205 of the Morro Bay Municipal
Code be deleted and a new Section 11205 be added to read as follows:
11205. Appeal From Notice to Remove.
Any person, property owner, or his duly authorized agent,
affected by the Notice to Remove weeds or other nuisances which do
not constitute an immediate danger to the public health, welfare
or safety, may appeal to the City Council from the requirements
thereof. Such appeal shall be in writing and shall be filed with
the City Clerk within ten (10) days of the date of notification
established by Section 11204. In the case of the requirement to
remove within twenty -four (24) hours, appeal shall be made to the
City Clerk, or his designated representative, within the time required
to remove as established by Section 11204.
Notification of the time and date for hearing appeals concerning
the Notice of Removal within thirty (30) days, shall be published at
• •
ORDINANCE NO. 112
Page Three
least ten (10) days prior to the hearing in a newspaper qualified
to publish legal notices. At the time and date of the hearing, the
City Council shall hear and consider any and all objections to the
proposed removal and may continue the'.hearing from time to time.
The City Council shall allow or overrule any and all objections,
if any, and its decision thereupon shall be final and conclusive.
If upon appeal, the requirements of the original notice are
modified, the Enforcement Official, in causing removal or abatment,
shall be governed by the determination of the Council so made. In
the absence of a Council determination to the contrary, abatement
or removal for weeds or other nuisances which do not constitute an
immediate danger, removal or abatement shall be accomplished within
such time as may be determined by the City Clerk, or his designated
representative, after the appeal is heard.
SECTION 4: That Section 11207 of the Morro Bay Municipal
Code be deleted and that a new Section 11207 be added to read as
follows:
11207. Failure to Remove or Abate
If any property owner, after being notified as provided for
herein, fails, neglects or refuses to abolish, abate or remove,
within the times herein prescribed, any of the weeds, or other
nuisances mentioned in this Chapter, then the City may abate or
remove the same and the Enforcement Officer is hereby expressly
authorized to enter upon private property for that purpose. The
cost of such abatement or removal by the City shall be assessed
upon the lots, lands or property from which weeds or other nuisances
were abated or removed, and such cost shall constitute a lien upon
such lots, lands or property until paid, and will be collected
upon the next tax roll upon which general municipal taxes are
collected.
SECTION 5: That Section 11208 of the Morro Bay Municipal
Code be deleted and that a new Section 11208 be added to read as
follows:
11208. Record of Removal Expense
The Enforcement Officer shall keep a permanent record showing
the description of each property or lot from which weeds or other
nuisances are ordered to be removed; the name of the property owner
thereof, if known; the date of notification to abate; and, in case
of appeal, a record of the date of the determinations of the City
Council and an account of the cost of abating such nuisance.. Such
record shall include an assessment list of charges and shall be
filed with the City Clerk from time to time but no later than the
first day of August each year.
SECTION 6: 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 news-
paper 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.
ORDINANCE NO. 112
Page Four
Passed and Adopted by the City Council of the City of Morro
By at a meeting of said City Council held this llth day of
Tune 1973 by the following roll call vote:
AYES: Councilmen Donohoo, Jennings, Keiser, McConagya and Mayor
Mitchell
NOES: None
ABSENT: None
/Oth,
DALE C. MITC flhf M or
ATTEST:
M. I. WARDEN, City Clerk
• •
ORDINANCE NO. 111
AN ORDINANCE CREATING CHAPTER IV OF TITLE III,
REGULATING THE CONSTRUCTION, REPAIR,
MODIFICATION AND DESTRUCTION OF
WATER WELLS WITHIN THE INCORPORATED AREA OF
THE CITY OF MORRO BAY
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 IV of Title III of the Morro Bay
Municipal Code is created as follows:
CHAPTER IV
3400. Purpose
It is the purpose of this ordinance to provide for the con-
struction, repair, modification and destruction of wells in such
a manner to safeguard the municipal water system and to prevent
reduction of capacity of City owned and /or operated wells, and
that the ground water of the City of Morro Bay will not be con-
taminated or polluted and that water obtained from wells will be
suitable for beneficial use and will not jeopardize the health,
safety or welfare of the people of the City of Morro Bay.
3401. Definitions
For the purpose of this Chapter, the following words and phrases
are defined and shall be construed as hereinafter set out, unless it
shall be apparent from the content that they have a different meaning.
a. Abandoned or Abandonment. These terms shall apply to a
well which had not been used for a period of one year,
unless the owner declares in writing to the Health Officer,
through the Director of Public Works, his intention to use
the well again for supplying water or other associated
purpose (such as an observation well or injection well)
and received approval of such declaration. All such
declarations shall be renewed annually. Test holes and
exploratory holes shall be considered abandoned twenty -
four (24) hours after construction work has been completed,
unless otherwise approved by the Health Officer.
b. Agricultural Wells. Water wells used to supply water for
irrigation or other agricultural purposes, including
stock wells.
c. Cathodic Protection Wells. Means any artificial excavation
in an aquifer or in excess of fifty (50) feet, constructed
by any method for the purpose of installing equipment or
facilities for the protection electrically of metallic .
equipment in contact with the ground commonly referred
to as cathodic protection.
d. Community Water Supply Well. A water well for domestic
• •
ORDINANCE NO. 111
Page Two
purposes in systems subject to Chapter 7 of Part 1 of
Division 5 of the California Health and Safety Code.
e. Completion or Completion Operation. Any work conducted
after artificial excavation to include:
(1) Placement of well casing,
(2) Gravel packing,
(3) Sealing,
(4) Casing ;perforation or,
(5) Other operations deemed necessary by the Health
Officer.
f. Contamination. An impairment of the quality of water to
a degree which creates a hazard to the public health
through poisoning or through spread of disease.
g. Destruction or Destroy. The complete filling of a well
in such a manner that it will not produce water or act
as a conduit for the interchange of water, when such
interchange will result in deterioration of the quality
of water in any water- bearing formations penetrated.
h. Electrical Grounding Well. Any artificial excavation in
an aquifer or in excess of fifty (50) feet, constructed
by any method for the purpose of establishing an electrical
ground.
i. Health Officer. The San Luis Obispo County Health Officer,
his medical deputies, his sanitarians, or his duly author-
ized representatives shall perform the duties as the Morro
Bay Health Officer in accordance with Section 1328, Chapter
1, Title 1, of the Morro Bay Municipal Code.
Individual Domestic Well. A water well used to supply
water for domestic needs of an individual residence or
commercial establishment.
J.
k. Industrial Wells. Water wells used to supply industry
on an individual basis.
1. Modification or Repair. The deepening of a well, re-
perforation, sealing or replacement of a well casing.
m. Observation Well. A well used for monitoring or sampling
the condition of a water - bearing aquifer, such as water
pressure, depth, movement or quality.
n. Person. Shall include any person, firm, association,
corporation, organization, partnership, business trust,
company, or special district formed under the laws of
the State of California.
o. Pollution. An alteration of the quality of water to a
degree which unreasonably affects:
(1) Such water for beneficial uses, or
(2) Facilities which serve beneficial uses.
Pollution may include contamination.
• •
ORDINANCE NO. 111
Page Three
p. Public Nuisance. When applied to a well, means any well
which threatens to impair the quality of ground water or
otherwise jeopardize the health and safety of the public.
Salt Water (Hydraulic) Barrier Wells. Wells constructed
to extract or introduce water into the ground as a means
of preventing intrusion of salt water into a fresh water -
bearing aquifer.
q.
r. Test or Exploratory Hole. An excavation used for deter-
mining the nature of underground geological or hydrological
conditions, whether by seismic investigation, direct
observation or any other means.
s. Well. Means any artificial excavation constructed by any
method for the purpose of extracting water from or injecting
water into, the underground, or for providing cathodic
protection or electrical grounding of equipment, or for
making tests or observations of underground conditions,
or for any other similar purpose. Wells shall include,
but shall not be limited to:
(1) Community water supply wells,
(2) Individual domestic wells,
(3) Industrial wells,
(4) Cathodic protection wells,
(5) Electrical grounding wells,
(6) Test and exploratory holes,
(7) Observation wells,
(8) Salt water (hydraulic barrier wells,) as defined
herein,
(9) Other wells whose regulation is necessary to fulfill
the purpose of this article.
This definition shall not include:
(1) Oil and gas wells, or geothermal wells constructed
under the jurisdiction of the State Department of
Conservation, except those wells converted to use
as water wells; or
(2) Wells used for the purpose of:
(a) Dewatering excavation during construction, or
(b) Stabilizing hillsides or earth embankments, or
(3) The following artificial excavations:
(a) Drill holes for soil testing purposes where
such holes are less than twenty -five (25) feet
in depth;
(b) Holes or excavations for soil percolation tests;
(c) Drill holes for seismic exploration where such
drill holes are less than twenty -five (25) feet
in depth;
(d) Excavations for drainage percolation ponds or
spreading basins.
t. Well Drilling Contractor. Means a contractor licensed in
accordance with the provisions of the California Contractor's
Law, Chapter 9, Division 3, of the Business and Professions
Code, commencing with Section 7000.
• •
ORDINANCE NO. 111
Page Four
3402. Acts Prohibited, Permit Required
a. No person, firm, corporation or special district formed
under the laws of_this State shall within the incorporated
area of the City of Morro Bay, construct, repair, modify
or, destroy any well unless such person possesses a valid
permit issued by the Health Officer of the City of Morro
Bay as provided in this ordinance.
b. No person shall construct, repair, modify or destroy any
well unless such construction, repair, modification or
destruction is in conformance with the terms, conditions,
and standards specified in this chapter and in the written
permit issued by the Health Officer.
c. The construction of individual domestic wells within the
incorporated area of the City of Morro Bay is hereby
prohibited unless a permit to do so is first obtained
from the Health Officer and the City Council. Any person
may apply for said permit by submitting an application
in accordance with Section 3403 herein. In addition to
the provisions of Section 3403 such application shall
include, but is not limited to the following.
(1) A statement as to why water cannot be obtained from
the City water system, and
(2) Quantities and use of the water to be developed.
The City Council shall consider said application within
thirty (30) days of its receipt by the Director of Public
Works at which time it may approve the application if in
its discretion the drilling of the well and the operation
thereof will not deplete nor contaminate the City water
supply, and that service from the municipal water system
is neither practicable nor feasible. If the Council grants
a permit for the well, it may impose thereon reasonable
conditions to prevent depletion and contamination of the
City water supply and to protect the public health, safety
and general welfare. In no case shall such conditions
be less restrictive than the conditions specified herein.
3403. Permit Applications
Applications for permits shall be made to the Health Officer
through the Director of Public Works of the City of Morro Bay and
shall include the following:
a.' A plot plan indicating the exact location of the well
with respect to the following items within a radius of
two hundred (200) feet of the well:
(1) Property Lines.
(2) Sewage disposal systems or works carrying or contain-
ing sewage or industrial wastes.
(3) All intermittent or perennial, natural or artificial
water bodies or water courses.
(4) Drainage pattern of the property.
(5) Existing wells.
(6) Access roads.
• •
ORDINANCE NO. 111
Page Five
b. Location of the property. (Include township, range
and section.)
c. Name of person who will construct the well.
d. Estimated or proposed depth of well.
e. Use of well.
f. Other information as may be necessary to determine if
under - ground waters will be protected.
3404. Permit Fees
a. Permit application: fees. Every permit application except
those made by a public agency shall be accompanied by a
fee of twenty -five dollars ($25.00), none of which shall
be refundable.
b. Expiration of permit. Each permit issued pursuant to
this chapter shall expire within six (6) months following
the issuance of the permit. Upon expiration of any
permit issued pursuant hereto, no further work may be
done in connection with construction, repair, modification,
or abandonment of a well unless and until a new permit
for such purpose'is secured in accordance with the pro-
visions of this chapter.
3405. Permit Qualification
No permit shall be issued to any person who is not a well
drilling contractor, provided that a permit may be issued to an
owner or occupant of property who does the work of construction,
repair, modification or destruction of a well located on such
property himself or through his own employees; and provided further
that a permit may be issued to any person exempt from the provisions
of the Contractor's License Law, Chapter 9, Division 3, of the
Business and Professions Code (commencing with Section 7000).
3406. Bonds
As a condition precedent to the issuance of a permit, every
applicant for a permit shall file or have on file with the City of
Morro Bay a corporate surety bond in the sum of $2,500.00 issued
by a surety company licensed to do business in this State, or in
lieu thereof, a cash deposit in the sum of $2,500.00.
As used in this subsection, the term "cash deposit" shall
include, without limitation, certificates of deposit payable .to
the City of Morro Bay issued by banks doing business in this State,
investment certificates or share accounts assigned to the City of
Morro Bay and issued by savings and loan associations doing business
in this State, or bearer bonds issued by the United States Govern-
ment or by this State.
Said surety bond shall be conditioned to secure the compliance .
and faithful performance by the permittee of the terms, conditions
and standards imposed by this chapter, or by any permit issued
hereunder.
If cash is deposited in lieu of such bond, said cash deposit
shall secure the compliance and faithful performance by the permittee
of the terms, conditions and standards imposed by this chapter, or
by any permit issued hereunder.
ORDINANCE NO. 111
Page Six
3407. Conditions
Permits shall be issued subject to compliance with the stand-
ards provided in Section 3412 of this ordinance.
3408. Term, Completion of Work
The permittee shall complete the work authorized by the permit
prior to the expiration date set forth in the permit. The permittee
shall notify the Health Officer in writing upon completion of the
work and such work shall not be deemed to have been completed until
such written notification has been received.
3409. Reports
A copy of the well driller report required under Section 13751,
California Water Code, shall be submitted to the Health Officer upon
completion of construction of each well.
3410. Appeal Procedure
Any person aggrieved by the refusal of the Health Officer to
issue a permit or by the terms of a permit may appeal from the
action of the Health Officer to the City Council by filing a written
notice of appeal with the City Clerk. The Clerk shall set the
matter for hearing before said Council and shall give reasonable
notice of the time and place thereof to the applicant and to the
Health Officer. The City Council shall hear the said evidence
offered by the applicant or permittee and the Health Officer, and
shall forthwith decide the issue. Unless the City Council shall
rescind the Health Officer's action by a majority vote, his decision
shall be deemed affirmed.
3411. Inspection
The Health Officer and his inspectors may at any and all
reasonable times enter any and all places, property, enclosures
and structures for the purpose of making examinations and investi-
gations to determine whether any provision of this ordinance is
being violated. The Health Officer may require that each comple-
tion, modification, repair or destruction operation be inspected
prior to any further work.
3412. Standards
Standards for the construction, repair, modification or des-
truction of wells shall be as set forth in Chapter II of the
California Department of Water Resources Bulletin No. 74, "Water
Well Standards ": State of California and its Appendices E, F,
and G, and Department of Water Resources Bulletin No. 74 -1 entitled
"Cathodic Protection Well Standards, State of California ".
3413. Public Nuisance
In the event the Health Officer determines that a well con-
stitutes a public nuisance, he shall abate said nuisance in accordance
with the provisions of the Morro Bay Municipal Code.
3414. Immediate Abatement
If the Health Officer finds that immediate action is necessary
• •
ORDINANCE NO. 111
Page Seven
to prevent impairment of the ground water or a threat to the health
or safety of the public, he may immediately abate the nuisance
without complying with the provisions of the Morro Bay Municipal
Code. After abating the nuisance, the Health Officer shall comply
with the provisions of the Morro Bay Municipal Code.
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 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 this llth day of June
1973 by the following roll call vote:
AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay and
Mayor Mitchell
NOES: None
ABSENT: None
DALES C. MIT :FiEL ,Mayor
ATTEST:
M. L. WARDEN, City Clerk
•
ORDINANCE NO. 110
AN ORDINANCE REPEALING SECTION NO. 6209.
OF CHAPTER II OF TITLE yI OF THE MORRO BAY MUNICIPAL CODE
AND CREATING A NEW SECTION NO. 6209.
OF CHAPTER II OF TITLE VI 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 6209. of Chapter II of Title VI
of the Morro Bay Municipal Code entitled "Coin Operated Machines"
be and hereby is repealed except that the provisions thereof shall
continue to apply for licenses whose expiration date exceeds the
effective date of this ordinance.
SECTION 2. That Section 6209. of Chapter II of Title VI
of the Morro Bay Municipal Code entitled "Coin Operated Vending
Machines" is hereby created as follows:
6209. 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 merchandise or other tangible
or intangible property, except those used for laundry and dry
cleaning purposes, the license tax fee per year shall be one -half
of one percent (1 of 1 %) of the gross receipts directly attributed
to the business activities conducted within the City of Morro Bay.
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 years gross receipts will be included.
Any license to conduct a business issued by the City in Connec-
tion with which the City imposes a license fee or tax upon coin
operated 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 dis-
closing the gross receipts received from owning, renting, or opera-
ting 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
• •
ORDINANCE NO. 110
Page Two
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 (30) days.
If unclaimed after thirty (30) 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
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 April
, 1973 by the following roll call vote:
AYES: Councilmen Donohoo, Jennings, Keiser, MdCbnaghay and
Mayor Mitchell
NOES: None
ABSENT: None
ATTEST:
WARDEN, City Clerk
12ilt P i i. .Qr.P7
E C. MIT Mayor
• 1
ORDINANCE NO. 109
AN ORDINANCE AMENDING
SECTIONS 6100, 6219 AND 6220 OF ORDINANCE NO. 94,
CHAPTER II OF TITLE VI OF THE
MORRO BAY MUNICIPAL CODE ENTITLED
"BUSINESS LICENSES"
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 6100, of Ordinance No. 94, Chapter
I be amended to read as follows:
6100. Definitions
(o) Gross Receipts. As used in this Title, "gross receipts"
shall include the total amount of the sale price of all
sales and the total amount charged or received for the
performance of any art or service, of whatever nature
it may be, for which a charge is made or credit allowed,
whether or not such act or service is done as a part of
or in connection with the sale of materials, goods, wares
or merchandise. Included in "gross receipts" shall be
all receipts, cash, credits, and property of any kind
or nature, without any deduction therefrom on account of
the cost of the property sold, the cost of materials
used, labor or service costs, interest paid or payable,
losses or other expenses whatsoever. Excluded from
"gross receipts" shall be cash discounts allowed and
taken on sales; credit allowed on property accepted as
part of the purchase price and which property may be
later sold; any tax required by law to be included in
or added to the purchase price and colledted from the
consumer or purchaser; such part of the sale price of
property returned by purchasers upon recision of the
contract of sale as is refunded either in cash or by
credit.
SECTION 2. That Section 6219 of Ordinance No. 94, Chapter
II be amended to read as follows:
6219. 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 mer-
chandise 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 business.
• •
ORDINANCE NO. 109
Page Two
Business License fees shall be in accordance with the following
schedule:
A $2.00 daily minimum business license fee for each
individual offering goods and merchandise for sale, or
3% of the daily gross receipts resulting from sales by
such individuals, whichever amount is greater.
Each person sponsoring or organizing said 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 3. That Section 6220 of Ordinance No. 94, Chapter
II be amended to read as follows:
6220. Art, Hobby or Handicraft Shows and Exhibitions
Each person sponsoring or organizing art, hobby or handi-
craft 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.
Business License fees shall be in accordance with the following
schedule:
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 4. This ordinance shall take effect upon 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 shall thereafter be in full force and effect.
• •
ORDINANCE NO. 109
Page Three
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
February , 1973 by the following roll call vote:
AYES: Councilmen Donohoo, Keiser, McConaghay and Mayor Mitchell
NOES: None
ABSENT: Councilman Jennings
ATTEST:
L. WARDEN, City Clerk
D•LE C. MITCHE , Mayor
• •
ORDINANCE NO. 108
AN ORDINANCE AMENDING SECTIONS 5302.11, 5303.4,
5310.5, 5313.4, 5320.1, DELETING SECTION 5319.1,
ADDING NEW SECTIONS 5319.1 AND 5319.2
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 that
changes in Chapter III to Title V" of the Morro Bay Municipal
Code (Sign Regulations) be made as follows:
SECTION 1. That Section 5302.11 (Definition of a Marquee)
be amended to read as follows:
5302.11. Marquee
A permanent roof structure attached to and supported by
the building and projecting over public property.
SECTION 2. That Section 5303.4 (Types of Signs Prohibited)
be amended by adding two new subsections (f) and (g) to read as
follows:
5303.4. Types of Signs Prohibited
(f) Temporary, sandwich- board, movable free - standing,
tire stacks, wind and real estate signs, or
flashing features of existing signs.
(g) Signs painted on buildings, walls, or fences in
excess of the area allowed by this ordinance.
SECTION 3. That Section 5310.5 (Marquee Signs) be amended
to read as follows:
5310.5. Marquee Signs
No signs shall be attached to the face of or erected on top
of a marquee without first securing an Exception Permit. One
identification sign twelve (12) inches high may be placed under
the under side of the right -of -way immediately below the sign.
The area of this sign shall be limited to five (5) square feet
not to exceed one (1) foot thick and not project beyond marquee
face.
SECTION 4. That Section 5313.4 (Political Campaign Signs)
be amended to read as follows:
5313.4. Political Campaign Signs
Temporary, non - commercial political signs not to exceed six
(6) square feet total area shall be permitted only on private
property, with the permission of the owner, in any district for
a reasonable period of time preceeding election. Such signs shall
be removed by the property owner within fifteen (15) days after
the election.
SECTION 5. That Section 5319.1 be deleted and a new Section
5319.1 be created to read as follows:
• •
ORDINANCE NO. 108
Page Two
5319.1. Time Limits
There are hereby declared to be the following time periods
commencing six (6) months from October 1, 1972, within which
all non - conforming signs within the City shall be altered, removed,
or otherwise made to comply with the provisions of this ordinance.
(a) All signs not in conformance with the requirements
provided by this ordinance: 10 years
SECTION 6. That a new Section 5319.2 be added to read as
follows:
5319.2. Time Limit Exceptions
The following time period shall apply to signs legally erected
pursuant to a valid Sign Permit issued within two (2) years imme-
diately preceeding October 1, 1972.
(a) All signs not in conformance with this ordinance:
Fifteen (15) years from Permit date.
SECTION 7. That Section 5320.1 (List of Non - Conforming Signs)
be amended to read as follows:
5320.1. List of Non- Conforming Signs
Within six (6) months of October 1, 1972, the Building Official
shall compile a list of signs which as of said date do not conform
to the provisions of this ordinance and are subject to amortization
in accordance with Section 5319, and file the same in his office.
SECTION 8. 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 news-
paper 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 the regular meeting thereof held on this llth day of September,
1972, by the following roll call vote:
AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay and
Mayor Mitchell
NOES: None
ABSENT: None
ATTEST:
L T,• E, City C erk
DALE C. MITCHELL, Mayor
• •
ORDINANCE NO. 107
AN ORDINANCE AMENDING PORTIONS OF SECTIONS
5104.3.3, 5104.3.4 AND 5106.20 OF THE
MORRO BAY MUNICIPAL CODE (ZONING REGULATIONS)
T H E C I T Y C O U N C I L
City of Morro Bay, California
The Morro Bay City Council does ordain that changes in
Chapter I to Title V of the Morro Bay Municipal Code be made
as follows:
SECTION 1. That Section 5104.3.3 (General Plan) be amended
by deleting sub- sections e, f, h, i, j, and k and adding new
sub- sections to read as follows:
5104.3.3. General Plan
(e) The use of adjoining properties; any buildings within
fifteen (15) feet of the property line shall be pre-
cisely located;
(f) The existing and proposed changes in topography of the
site including the location of drainage channels or
watercourses and the direction of drainage flow;
(h) The location of any structures and existing trees in
excess of three (3) inches in diameter upon the site
designated for retention or removal, and tentative
locations for future structures including the height
of structures noted on the map; approximate time table
and priorities of any phased development;
(i) The approximate areas proposed for various categories
of land use, setting out in general terms the uses
proposed and a tabular summary of estimates of population
and projected use densities and building intensities
including the number of bedrooms, parking layout, etc.;
(j) Sketches showing architectural concepts of the proposed
buildings, including the exterior materials of proposed
buildings, other structures, fencing and signing;
(ki Preliminary designations of areas for proposed open
space, recreation, parking and other public buildings
and uses, accompanied by a narrative description of the
proposed on -site improvements; a general description
of on -site improvements in plan form; overall proposed
open space, landscape materials and their initial
planting size, recreation area, parking, service and
other public area used in common on the property; a
description of intended improvements to the open
area of the property;
SECTION 2. That sub- section (a) of 5104.3.4 be amended by
adding two additional paragraphs to read as follows:
• •
ORDINANCE NO. 107
Page Two
5104.3.4
(a) .
A Landscaping Plan showing plant materials, size of plants
at the time of planting, method of maintenance; a Site
Development Plan showing the location of all buildings,
uses of the property, improvements intended, elevations
of all buildings, structures, fences, signs, exterior
lighting; a Grading Plan shall be submitted to and
approved by the Planning Commission.
All conditions imposed by the Planning Commission with '
the approval of the General Plan shall be incorporated
in the final plans. Tabulation to be made a part of
the Specific Plan.
SECTION 3. That Section 5106.20 be amended to read as
follows:
5106.20
In case an application is made for a Use Permit for any building
or structure in any "C ", "M ", "R -3" or "R -4" District, said appli-
cation shall be filed in accordance with the submittal requirements
prescribed by Section 5104.3 (P -D Zone) of the Morro Bay Municipal
Code. Such drawings, sketches, and site plans shall be considered
by the Planning Commission in an endeavor to provide that the
architectural and general appearance of such buildings or structures
and grounds be in keeping with the character of the neighborhood
and such as not to be detrimental to the orderly and harmonious
development of the City, or to impair the desirability of invest-
ment or occupation in the neighborhood.
SECTION 4. 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 news-
paper 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 the regular meeting thereof held on this 11th day of Seoterber.,
1972, by the following roll call vote:
AYES: Councilmen Donohoo, Jennings, Keiser, McConaghav and
Mayor Mitchell
NOES: None
ABSENT: None
V//
/L .fl e. �D
D LE C. MITC
, Mayor
• •
ORDINANCE NO. 106
AN ORDINANCE DELETING THE LAST SENTENCE OF
THE THIRD PARAGRAPH OF SECTION 9100,
DELETING SECTION 9123 ENTITLED RATES FOR SERVICE
AND ADDING A NEW SECTION 9123 ENTITLED
"RATES FOR SERVICE, DEPOSITS"
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
that changes in Chapter 1, Title V of the Morro Bay Municipal
Code (Water Service and Rates) be made as follows:
SECTION 1. That Section 9100, Statement of Policy,
be changed by deleting the last sentence of paragraph
three which reads as follows: "A deposit of $12.00 will
be required to establish credit for services rendered to
premises not owned by the applicant."
SECTION 2. That Section 9123 entitled "Rates for
Service" be deleted.
SECTION 3. That a new Section 9123 be created to
read as follows:
9123. Rates for Service, Deposits
The City Council shall, by resolution, establish the
rates which will be charged for water service including,
but not limited to, meter or availability charge and
gallonage or cubic footage charge.
The City Council shall, by resolution, establish the
amount of the deposit which will be required to establish
credit for service rendered to premises not owned by the
applicant.
SECTION 4. This ordinance is necessary, under Section
36937 of the Government Code, for the immediate preservation
of the public health and safety in order to conveniently
adjust water rates commensurate with fluctuating water
supply and distribution costs during an existing water
shortage and resultant emergency and, therefore, shall take
;effect upon its adoption.
PASSED AND ADOPTED by the City Council of the City of
Morro Bay at the regular adjourned meeting thereof held
this 2nd day of August, 1972 by the following roll call vote:
AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay and
Mayor Mitchell
NOES: None
ABSENT: None
ATTEST:
0 e. nide
D E C. MITCHEL , Mayor
M. J. / L',:City Clerk
• •
ORDINANCE NO. 105
AN ORDINANCE APPROVING AND ADOPTING
A BUDGET FOR THE FISCAL YEAR 1972 -73
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, A City is required to make, from time to time, a
variety of expenditures in order to provide day -to -day service for
which it is responsible; and
WHEREAS, The City Council finds and determines that the
efficiency and economy of City government would be substantially
impaired if such expenditures could not be made or such obligations
incurred on a daily basis as the need arises; and
WHEREAS, Section 37208 of the Government Code of the State of
California provides that payment or demands conforming to a budget
approved by ordinance need not be audited by the City Council
prior to payment:
NOW, THEREFORE, the City Council of the City of Morro Bay
does ordain as follows:
SECTION 1. That certain document entitled "Final Budget,
City of Morro Bay, Fiscal Year 1972 -73 ", dated June 26, 1972, is
hereby approved and adopted as the Final Budget for Expenditures
for the City of Morro Bay for the Fiscal Year 1972 -73.
SECTION 2. 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 the regular meeting thereof held this 26th day of June,
1972 by the following roll call vote:
AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay and
Mayor Mitchell
NOES: None
ABSENT: None
ATTEST:
�Q� e%n ».r11%O'
D LE C. MITC ELL, Mayor
TLE, City Clerk
ORDINANCE NO. 104
AN ORDINANCE AMENDING THE ZONING MAP OF THE
CITY OF MORRO BAY AS APPLIED TO CERTAIN LOTS
FRONTING ON MAIN STREET BETWEEN
HIGHWAY 41 AND LOGAN STREET
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 Zoning Map of the City of Morro Bay,
adopted pursuant to Section 5103.2 of the Morro Bay Municipal
Code, shall be and is hereby amended to change the zoning on
the following described property:
Certain lots generally fronting on Main Street
between Highway 41 (Atascadero Road) and Logan
Street as delineated on the attached map marked
Exhibit "A" which is made a part of this ordin-
ance as though 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 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 the regular meeting thereof held on this 22nd day of May
1972, by the following roll call vote:
AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay and
Mayor Mitchell
NOES: None
ABSENT: None
ATTEST:
M[ J.: LITTLE,CCity Clerk
■
• i
ORDINANCE NO. 103
AN ORDINANCE PROHIBITING ALL PRIVATE OR PUBLIC
CONSTRUCTION IN THE AREA EASTERLY OF MORRO ROCK,
NORTHERLY OF MORRO BAY, WESTERLY OF P. G. & E.,
AND SOUTHERLY OF MORRO CREEK, WITHOUT MAJORITY
VOTE OF ELECTORS
The people of the City of Morro Bay do ordain an
ordinance relating to the development of certain land
within the city limits of Morro Bay as follows:
Any provision of the Municipal Code to the contrary
notwithstanding, no private or public construction shall
be permitted on any private or public property within the
area hereinafter described unless the question of such
proposed construction shall first be submitted to the
citizens of the City of Morro Bay at a general or special
election and approved by more than fifty percent of the
voters of the city voting at such election.
The property affected by this ordinance is all public
and private property in the City of Morro Bay and within
the following boundaries:
Bounded on the west by the Pacific Ocean.
Bounded on the north by the north bank of Morro
Creek.
Bounded on the east and the south by a line de-
scribed as follows: Beginning at the North bank
of Morro Creek at the intersection of the center
line of C Street as shown on Map of Atascadero
Beach filed in the office of the County Recorder on
July 2, 1917; thence southerly along the center
line of C Street to the center line of 79th Street
as shown on said map of Atascadero Beach; thence
N 81° 12' E 41.44 feet; thence S 21° 13' E 523.19
feet; thence S 30° 52' E 175.34 feet; thence S 54°
45' E 285.98 feet; thence southwesterly to the
Mean High Tide Line at Station 66 as shown on map
of the Grant to County of San Luis Obispo, Chapter
1076, Statutes of 1947, vicinity of Morro Bay, San
Luis Obispo County, California; thence beginning
at Station 66 at Mean High Tide Line of above said
map of the Grant to County of San Luis Obispo and
following the line of Mean High Tide through all
Stations from 66 to 83; thence on a northwesterly
course to Station 115 on the Pacific Ocean.
It is further specified that no private or public
construction of a marina, ramp, or anchorage shall be
permitted to adjoin or be adjacent to the Mean High Tide
Line as described above.
I, M. J. LITTLE, 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 llth day of April, 1972.
DATED: April 21, 1972
. jjLITTIi&, City Clerk
• •
ORDINANCE NO. 102
AN ORDINANCE REPEALING CHAPTER II OF TITLE XI OF
THE MORRO BAY MUNICIPAL CODE, ORDINANCES 26, 81, AND 99,
AND CREATING A NEW CHAPTER II OF TITLE XI OF
THE MORRO BAY MUNICIPAL CODE ENTITLED "ABATEMENT OF WEEDS
AND OTHER NUISANCES HAZARDOUS TO THE PUBLIC
HEALTH, WELFARE AND SAFETY"
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 II of Title XI of the Morro Bay
Municipal Code adopted June 8, 1965 and, as amended, entitled
"Abatement of Weeds', is hereby repealed.
SECTION 2. That Chapter II of Title XI of the Morro Bay
Municipal Code entitled "Abatement of Weeds and Other Nuisances
Hazardous to the Public Health, Welfare and Safety" is hereby
created as follows:
CHAPTER II
ABATEMENT OF WEEDS AND OTHER NUISANCES HAZARDOUS
TO THE PUBLIC HEALTH, WELFARE AND SAFETY
11200. Definitions.
As used in this chapter "Weeds and nuisances hazardous to the
public health, welfare, and safety ", means and includes, but is not
limited to, any of the following:
(a) Weeds which bear seeds of a downy or wingy nature.
(b) Sagebrush, chaparral and other bush or weed which attain
such large growth as to become, when dry, a fire menace
to adjacent property.
(c) Weeds which are otherwise noxious or dangerous.
(d) Poison Oak and Poison Ivy when the conditions of growth
are such as to constitute a menace to the public health.
(e) Dry grass, stubble, brush, litter, rubbish or other
flammable or non - flammable material which endangers the
public safety by creating a fire hazard, health hazard
or public nuisance.
(f) Accumulations of brush, trees, logs and other debris in
and around a creek or drainage channel which creates a
potential hazard of impeding the free flow of water under
flood conditions.
(g) Accumulations of filth, garbage, decaying animal or vege-
table matter or animal or human excrement.
• •
Ordinance No. 102
Page Two
(h) Accumulations of boxes, boards, or other material liable
to harbor rats or other rodents.
11201. General
No owner, agent, lessee or other person occupying or having
charge or control of any building, lot or premises within the City
of Morro Bay shall permit weeds and other nuisances hazardous to the
public health, welfare or safety to remain upon said premises and
each such owner, agent, lessee or other person shall be subject to
the requirements and procedures herein prescribed.
11202. Notice to Remove
Whenever the Chief of the Fire Department, Chief of the Police
Department, Public Health Officers or their authorized representatives,
shall find weeds, or other nuisances upon any property, lands or lots
within the City which may be or become a fire hazard, or may endanger
or injure neighboring property, or may be otherwise hazardous to the
public health, welfare or safety, a Notice to Remove such weeds or
other nuisances shall be given to any one of the person or persons
specified in Section 11201, above.
11203. Method of Notification
Each person or persons, as herein specified, shall be notified
by mail, or by the posting of property or by hand delivery of the
requirement to abate weeds or other nuisances, determined to be hazar-
dous to the public health, welfare or safety. In addition, and if
the nature of the nuisance does not constitute an immediate danger
to the public health or safety, notification shall be published in
a newspaper of general circulation adjudicated for publication of
legal notices. The most current tax assessor's list shall be the
basic source for determining ownership and mailing addresses for any
property owners requiring notification.
11204. Time to Remove
Weeds or other nuisances which do not constitute an immediate
danger to the public health, welfare or safety shall be removed
within thirty (30) days of the postmarked date of the mailed notifi-
cation or within thirty (30) days of the date of publication of the
general notice as published in a newspaper qualified to publish legal
notices, whichever time shall be later.
Nuisances which constitute an immediate danger to the public
health, welfare or safety shall be removed by no later than midnight
of the day following the postmarked date of a mailed notification
or within twenty -four (24) hours of the time of hand delivery.
11205. Appeal from Notice to Remove
Any person, property owner or his duly authorized agent, affected
by the Notice to Remove weeds or other nuisances which do not con-
stitute an immediate danger to the public health, welfare or safety,
may appeal to the City Council from the requirements thereof. Such
appeal shall be in writing and shall be filed with the City Clerk
within ten (10) days of the date of notification established by
Section 11204. In the case of the requirement to remove within twenty-
• •
Ordinance No. 102
Page Three
four (24) hours, appeal shall be made to the City Clerk, or his
designated representative, within the time required to remove as
established by Section 11204.
Notification of the time and date for hearing appeals concern-
ing the Notice to Remove within thirty (30) days, shall be published
at least ten (10) days prior to the hearing in a newspaper qualified
to publish legal notices. At the time and date of the hearing, the
City Council shall hear and consider any and all objections to the
proposed removal and may continue the hearing from time to time. The
City Council shall allow or overrule any and all objections, if any,
and its decision thereupon shall be final and conclusive.
If upon appeal, the requirements of the original notice are
modified, the Chief of the Fire Department, in causing removal or
abatement, shall be governed by the determination of the Council so
made. In the absence of a Council determination to the contrary,
abatement or removal for weeds or other nuisances which do not con-
stitute an immediate danger shall be accomplished within ten (10)
days after the appeal is heard. For nuisances which constitute an
immediate danger, removal or abatement shall be accomplished within
such time as may be determined by the City Clerk, or his designated
representative, after the appeal is heard.
11206. Method of Removal or Abatement
Remova:' or abatement shall include hauling, cutting, discing or
spraying with chemicals or solutions, to destroy or retard the growth
of weeds or other vegetation and removal of destroyed vegetation or
other nuisances.
11207. Failure to Remove or Abate
If any property owner, after being notified as provided for
herein, fails, neglects -or refuses to abolish, abate.or remove,
within the times herein prescribed, any of the weeds, or other nui-
sances mentioned in this Chapter, then the City may abate or remove
the same and the Chief of the Fire Department and his authorized
representatives are hereby expressly authorized to enter upon private
property for that purpose. The cost of such abatement or removal by
the City shall be assessed upon the lots, lands, or property from
which weeds or other nuisances were abated or removed, and such cost
shall constitute a lien upon such lots, lands or property until paid,
and will be collected upon the next tax roll upon which general
municipal taxes are collected.
11208. Record of Removal Expense
The Chief of the Fire Department shall keep a permanent record
showing the description of each property or lot from which weeds or
other nuisances are ordered to be removed; the name of the property
owner thereof, if known; the date of notification to abate; and, in
case of appeal, a record of the date of the determinations of the
City Council and an account of the cost of abating such nuisance.
Such record shall include an assessment list of charges and shall be
filed with the City Clerk from time to time, but not later than the
first day of August of each year.
11209. Annual Notice Aggrieved Person
• •
Ordinance No. 102
Page Four
Between the first and fifteenth day of each calendar year, the
City Clerk shall cause to be published, for two successive times in
a newspaper qualified to publish legal notices, a notice to the
effect that any person aggrieved, in connection with the abatement
program of the preceding calendar year, by any act or determination
of any person or persons responsible for assuring compliance with the
requirements and procedures herein specified, may file an appeal in
writing with the City Clerk prior to the first Council meeting in
February.
The City Council shall, during the first Council meeting in
February, proceed to hear and pass on each and every appeal and each
determination thereupon shall be final and conclusive. Such hearing
may be continued from time to time. The City Clerk shall carry out
any directions of the Council made upon the appeal and shall cause
appropriate corrections, adjustments, and entries in abatement and
assessment records to conform therewith.
11210. Collection of Charges
The amount of the cost of abatement shall constitute a special
assessment against lots or property from which the weeds or other
nuisances have been abolished, abated or removed by the City and shall
constitute a lien upon such property until paid. Such charges may
be paid to the City Clerk separately from City taxes at any time
prior to the first day of August of the year in which unpaid charges
are to be added to the county tax roll. Upon such payment, the City
Clerk shall cause an appropriate entry to be made on the assessment
record for the property showing that such charge was paid in full.
On or before August tenth of each year, the City Clerk shall
cause a copy of the abatement charges to be filed with the county
auditor, in order that the county auditor may enter each assessment
on the county tax roll opposite the property referred to. There-
after, such amounts shall be collected at the same time, and in the
same manner, as general city taxes are collected, and shall be sub-
ject to the same penalties and the same procedure and sale in the
case of delinquency as provided by law for city taxes. All laws
and ordinances applicable to the levy, collection and enforcement of
city taxes are hereby made applicable to such special assessments.
11211. Applicable Laws
This ordinance is adopted pursuant to the provisions of Sections
39501 and 39502 of the Government Code of the State of California,
as an alternative and additional remedy to those otherwise promoted
by law or ordinance of the City of Morro Bay.
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 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 28th day of February
1972 by the following roll call vote:
• •
Ordinance No. 102
Page Five
AYES: Councilmen Donohoo, Keiser, McConaghay, Walters and
Mayor Mitchell
NOES: None
ABSENT: None
ATTEST:
E, City Clerk
e, ei
DALE C. MITCHELL, Mayor
ORDINANCE NO. 101
AN ORDINANCE AMENDING SECTION 11101.15 OF
CHAPTER I OF TITLE XI OF THE
MORRO BAY MUNICIPAL CODE BY ADDING SUB - PARAGRAPH
(3) TO PARAGRAPH (c), SECTION 11101.15
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 that
changes in Chapter I to Title XI of the Morro Bay Municipal Code
(Animal Regulations) be made as follows:
SECTION 1. That Section 11101.15, Limitations, be amended
by adding Sub - paragraph (3) to Paragraph (c):
(c) Other Animals
(3) Exceptions may be granted only for the
purpose of raising a market lamb which is
to be exhibited at a livestock show.
Applications for such exception shall
be submitted to the City Administrator,
in writing, no later than thirty (30)
days prior to the date upon which the
exception is to become effective. The
period for which any exception may be
granted shall not exceed sixty (60)
consecutive calendar days and shall be
granted only on the condition that such
rules and regulations as shall be es-
tablished by resolution of the City
Council are fully complied with.
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 once in a news-
paper 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 the regular meeting thereof held on this 14th day of February,
1972 by the following roll call vote:
AYES: Councilmen Donohoo, Keiser, McConaghay, Walters and
Mayor Mitchell
NOES: None
ABSENT: None
ATTEST:
/.
M. J.
ity Clerk
DALE C. MITCHE
L, Mayor
• •
ORDINANCE NO. 100
AN ORDINANCE AMENDING SECTIONS 5102, 5103.1,
5104.2.5, 5104.2.6, 5104.2.7, 5104.2.8, 5104.2.9,
5104.2.10, 5104.2.11, 5104.2.12, 5104.4.2, 5105.3,
5106.3.a, 5106.6, 5106.11, 5106.13, 5106.16, 5108.1,
AND DELETING SECTION 5110.5 OFICHAPTER I TO
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 that
changes in Chapter I to Title V of the Morro Bay Municipal Code
(Zoning Regulations) be made as follows:
SECTION 1. That Section 5102, Definitions, be amended in the
following respects:
(1) The following definitions shall be added:
(a) Accessory Building. A subordinate building, in-
cluding shelters or pools, the use of which is
incidental to, that of the main building on the
same lot and /or building site.
(b) Accessory Use. A use accessory to any permitted
use and customarily a part thereof, which use is
clearly incidental and necessary to the permitted
use and which does not change the character thereof.
(c) Secondary Residence. An incidental use limited
to one single family dwelling on the second,floor
or on the rear half of the same parcel upon which
is located a permitted business or industrial use.
(d) Secondary Use. Except as otherwise defined in
this ordinance, any use incidental to a permitted
use and customarily a part therof.
(2) The following definitions shall be amended to read:
(a) Home Occupation. An occupation carried on by the
occupant, entirely within a building, as a use
clearly secondary to the residence in connection
with which there is no display, no stock in trade,
nor commodities sold upon the premises, no person
employed and which does not change the residential
character thereof.
(b) Mobile Home. A vehicle designed and equipped for
human habitation, and for being drawn by a motor
vehicle.
(c) Mobile Home Park. Any'area or tract'of land where
one or more mobile home lots are rented or leased
or held out for rent or lease to accommodate mobile
homes used for human habitation. The rental paid
for any such mobile home shall be deemed to include
rental for the lot it occupies.
(d) Motel or Hotel. A single building or a group of
detached or semi - detached buildings containing
Ordinance No. 100
Page Two
guest rooms or apratments, with automobile storage
space provided on the site for such rooms or apart-
ments provided in connections therewith, which
group is designed and used for the accommodation
of transient travelers for not in excess of thirty
(30) days.
(3) Recreation Trail'er Park. Any area or tract of land,
within an area zoned for recreational use where one
or more lots are rented or leased or held out for
rent, or lease to owners or users of recreational
vehicles or tents and which is occupied for temporary
purposes.
(f) Rest Homes. Any premises licensed under the pro-
visions of the Welfare and Institutions Code of
the State of California, ambulatory patients only.
(g) Service Station. Shall mean an occupancy where
petroleum products and fuel are offered for retail
sale to the public primarily for the operation of
motor vehicles. A service Station shall provide
the following services: The sale and installation
of tires, batteries, automotive accessories and
sundries; the lubrication, testing, adjustment,
and replacement of minor parts and accessories; and
the repair of tires.
Service Station DOES NOT include steam cleaning
and mechanical car washing, tire recapping, engine,
differential and transmission rebuilding, repair
or replacement; body and chasis reconditioning,
repair or repainting; tow service as defined by
the California Motor Vehicle Code; and rental,
sale or storage of trailers, hand tools, power
tools, and non - automotive merchandise or equipment.
(h) Trailer Coach. (Commercial Coach) A vehicle,
with or without motive power, designed and equipped
for human occupancy for industrial, professional
or commercial purposes, and shall include a trailer
coach.
(i) Travel Trailer Park. Any area or tract of land
or a separate designated section within a mobile
home park when one or more lots are rented or
leased or held out for rent or lease to owners
or users of recreational vehicles used for travel
or recreational purposes.
(j) Travel Trailer. A vehicle other than a motor
vehicle which is designed or used for human habi-
tation and which may be moved upon a public high-
way without a special permit or chauffeur's license
or both, without violating any provision of the
Vehicle Code.
(3) The following definition shall be deleted:
(a) 'Use - Accessory.
• •
Ordinance No. 100
Page Three
SECTION 2. That Section 5103.1 be amended as follows:
(1) Purpose under COMBINING LOT SIZE DISTRICT OR "S" DISTRICT
shall be changed to read:
(k) Purpose. To provide for the variation of building
sites below the norm due to historic subdivision
practives in the City of Morro Bay; to provide for
the creation of larger sites as dictated by the
topography and physical features or specified by
ordinances; and to encourage special site treatment
in particular areas of the City.
SECTION 3. That Section 5104.2.5 (R -4 District) be amended
as follows:
(1) Column "L" (minimum Lot Area) be changed to read:
(a) Travel Trailer Parks - 2900
(b) Mobile Home Park - 6200
(2) Column "B" (Uses) beginning "Accessory uses to hotels,
motels . . ." shall have the word "accessory" changed
to ':secondary ".
SECTION 4. That Section 5104.2.6 (C -H District) be amended
as follows:
(1) Column "B" (Uses) shall be changed as follows:
(a) "refreshment stands" shall be deleted from the
list of uses beginning "Hotels, motels . . ."
(b) "Self- service fuel dispensing facilities" shall
be added after "service station" in the list of
uses beginning "Commercial Recreation; . . ."
(c) "Residential use only when accessory torcommercial
use" shall be changed to read "Secondary Residence,
Additions to Residences."
(2) Column "L" (minimum lot area) be changed to read:
(a) Mobile Home Park - 6200
(b) Travel Trailer Park - 2900
SECTION 5. That Section 5104.2.7 (C -1 -N District) be amended
as follows:
(1) Column "B" (Uses) be amended to permit uses conducted
entirely within a building by adding "Savings & Loan ".
SECTION 6. That Section 5104.2.8 (C -1 District) be amended
as follows:
(1) Column "B" (Uses) shall be changed as follows:
(a) Under "Personal Service Establishments within a
• •
Ordinance No. 100
Page Four
building" add'Savings & Loan ".
(b) In the uses permitted with a use permit "Retail
sales and personal services not within a building."
shall be amended to read "Retail sales and per-
sonal services not within a building, but not
including self- service fuel dispensing facilities."
(c) "Residential uses only when accessory to commercial
uses on rear one -half of property or second story"
shall be amended to read "Residential Uses, including
Apartment House, only when secondary to commercial
uses on rear one -half of the property or second
story."
SECTION 7. That Section 5104.2.9 (C -2 District) be amended
as follows:
(1) Column "B" (Uses) shall be changed as follows:
(a) Under permitted uses within a building, delete
"Mortuary."
(b) Under uses requiring a use permit:
1 Change "Outdoor storage and sales establish-
ments.'' to read "Outdoor storage and sales
establishments, but not including self -
service fuel dispensing facilities."
2. Change "Residential uses only when accessory
to the commercial use." to read "Secondary
use."
(2) Column "B" (Uses)shall be changed by adding a new category
requiring a use permit: "The following uses within a
building," and under this category the following: "Business
and professional offices."
SECTION 8. That Section 5104.2.10 (M -1 District) be amended
as follows:
(1) Column "B" (Uses) shall be changed as follows:
(a) Under uses permitted in a building or behind a
fence change "Outdoor storage and sales" to read
"Outdoor storage and sales, but not including
self- service fuel dispensing facilities."
(b) Under uses permitted with a use permit change
"Residential uses only when accessory to the
commercial or industrial use." to read "Secondary
uses for security purposes only."
SECTION 9. That Section 5104.2.11 (M -2 District be amended
as follows:
(1) Column "B" (Uses) shall be changed as follows:
(a) Under uses permitted with a use permit change:
• •
Ordinance No. 100
Page Five
1. "Retail sales and personal service establish-
ments appurtenant to permitted uses or part of
a total complex" to read "Retail sales and per-
sonal service establishments appurtenant to
permitted uses or part of a total complex, but
not including self- service fuel dispensing
facilities."
2. "Residential use only when accessory to indus-
trail or commercial uses" to read "Secondary
uses for security purposes only."
SECTION 10. That Section 5104.2.12 (0 -A District) shall be
amended as follows:
(1) Column "B" (Uses) shall be amended by adding to uses
permitted without a use permit the following: "Secondary
uses for maintenance and security purposes only."
SECTION 11. That sub - section "a" of Section 5104.4.2
(Standards) be amended as follows:
(1) Under "S -1" District add "Maximum lot coverage permitted
fifty (50) percent."
(2) Under "S -2" District:
(a) Add "Maximum lot coverage permitted, fifty (50)
percent."
(b) Add "Less than 3500 square feet lot area, one (1)
car garage permitted."
(c) Change "Minimum front yard required, twenty (20)
feet" to read "Minimum front yard required, fifteen
(15) feet."
SECTION 12. That sub- section "a" of Section 5105.3.1 be
amended by adding an additional concluding sentence to read: "The
size of off - street parking spaces may be reduced to accommodate
smaller vehicles by up to ten (10) percent of the total required
number with the approval of the building official."
SECTION 13. That Section 5106.3.a be amended by adding
"Mortuaries" to item "C" in the list of uses referred to.
SECTION 14. That sub - section "a" of Section 5106.6 be
amended by adding "or side street yard" at the end of the single
sentence.
SECTION 15. That condition "e" of Section 5106.11 be amended
to read as follows:
(e) A fence or other structure approved by the building
official shall be constructed surrounding any
swimming pool - maximum allowable height, six (6)
feet, six (6) inches; minimum allowable height,
six (6) feet; all gates within said fence or other
structure shall be self - closing and self - latching.
SECTION 16. That Section 5106.13 be amended to read as follows:
• •
Ordinance No. 100
Page Six
Open, uncovered, raised porches, landing places or
outside stairways in excess of thirty (30) inches
above ground elevation may project not closer than
three (3) feet to any side or rear lot line, and
not exceeding six (6) feet into any required front
yard. Projections less than thirty (30) inches
above the ground elevation may not extend "closer
than six (6) inches from the side or rear lot lines.
SECTION 17. That Section 5106.16 shall be amended as follows:
(1) The first paragraph shall be amended to read as follows:
"In R -1 and R -2 Districts the minimum front yard pool
set -back shall be the required building set -back plus
five (5) feet. Side and rear set back shall be five
(5) feet except that on a corner lot, the set -back
from the side street shall be the required building
set -back plus five (5) feet.
(2) The first sentence in the last paragraph which reads
"No pool shall occupy over forty (40) percent of the
required rear yard" shall be deleted.
SECTION 18. That Section 5108.1 be amended by deleting the
word "nonconforming" immediately preceding the word "building"
in the third sentence of the single paragraph of this section.
SECTION 19. That Section 5110.5 be deleted in its entirety.
SECTION 20. 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 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 December
1971, by the following roll call vote:
AYES: Councilmen Donohoo, Keiser, McConaghay, and Mayor Mitchell
NOES: None
ABSENT: Councilman Walters
ATTEST:
LITT E, City Clerk
/D �. e
D Z C. MITCHELL, ayor
•
ORDINANCE NO. 99
AN ORDINANCE AMENDING SECTIONS 11200, 11204,
11208 AND 11210 AND ADDING SECTIONS 11211
AND 11212 TO CHAPTER II OF TITLE XI 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 11200 of the Morro Bay Municipal
Code be amended by adding a new sub - section (f) to read as follows:
1200. Definitions.
(f) Accumulation of brush, trees, logs and other debris in
and around a creek or drainage channel which creates a
potential hazard of impeding the free flow of water
under flood conditions.
SECTION 2. That section 11204 of the Morro Bay Municipal
Code be amended to read as follows:
11204. Removal of weeds. Unless within ten (10) days from
the day of the posting of the notice, or in case of appeal to the
Council within ten (10) days from the date of the determination
thereof, unless the same is sustained, or in the case of rubbish
detrimental to health unless within twenty -four (24) hours from the
time of posting or in the case of appeal to the City Council within
twenty -four (24) hours from the date of determination thereof, the
weeds, rubbish or similar material are removed from the property,
land or lot, as directed by the notice or by the Council on appeal,
the Fire Chief shall thereupon cause the same to be removed or
abated. If upon appeal the requirements of the original notice
are modified, the Fire Chief in causing to be removed or abated
such weeds, rubbish or similar material, shall be governed by the
determination of the Council so made. Removal or abatement shall
include burning, hauling or spraying with chemicals or solutions
to destroy or retard the growth of vegetation that may become
hazardous if not removed or abated.
SECTION 3. That section 11208 of the Morro Bay Municipal
Code be amended to read as follows:
11208. Rubbish Detrimental to Health. No person shall have or
permit upon any premises owned, occupied or controlled by him, any
nuisance detrimental to health consisting of any accumulation of
filth, garbage, decaying animal or vegetable matter or animal or
human excrement.
SECTION 4. That section 11210 of the Morro Bay Municipal
Code be amended as follows:
11210. Failure to Abate. If after being notified by any
Fire, Police or Health Officer any person shall fail, neglect or
refuse to abolish, abate or remove within ten days or in the case
of rubbish detrimental to health described in section 11208, with-
in twenty -four (24) hours, any of the matters or things mentioned
in this chapter, then the City may abolish, abate or remove the same
• •
Ordinance No. 99
Page Two
and the person whose duty it was to do so, in addition to incurring
penalties provided in this chapter shall become indebted to the
City for the costs and charges so expended.
SECTION 5. That section 11211 be added to the Morro Bay
Municipal Code to read as follows:
11211. Removal Abatement in Twenty -Four (24) Hours. If
the Fire, Police or Health Officer determines that rubbish to be
abated falls within section 11208 as rubbish detrimental to health,
then removal must occur within twenty -four (24) hours instead of
ten (10) days or said rubbish may be removed and charges levied
against the property as provided in this ordinance.
SECTION 6. That section 11212 be added to the Morro Bay
Municipal Code to read as follows:
11212. Abatement in Creeks and Drainage Channels. Whenever
the accumulation of trees, brush, logs and other materials around a
creek bed or drainage channel within the city limits creates a
dangerous flood condition in the opinion of the City Engineer, the
City Engineer may declare a public nuisance subject to abatement
as provided for in this ordinance.
SECTION 7. 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 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 8th day of November,
1971 by the following roll call vote:
AYES: Councilmen Donohoo, Keiser, McConaghay, Walters and Mayor
Mitchell
NOES: None
ABSENT: None
ATTEST:
M. J.i LTTTLE, City Clerk
• . S't � de,
C. MITCH L ayor
• •
ORDINANCE NO. 98
AN ORDINANCE AMENDING SECTIONS 11701 AND 11702
OF CHAPTER VII TO TITLE XI 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 11701 of Chapter VII to Title XI of
the Morro Bay Municipal Code be amended to read as follows:
11701. Camping Prohibited. Every person who, between the
hours of 10:00 p.m. and 6:00 a.m., erects, occupies or maintains
a tent or tent -camp, or tent trailer, on public property or in an
area posted with official signs indicating that camping is pro-
hibited, or who occupies or sleeps in the living quarters of a
parked and stationary house or travel trailer, camper or house
car, when such vehicle is on a City Street or on public property
or in an area posted with official signs designating that camping
is prohibited, is guilty of a misdemeanor.
This section shall not apply to public property where camp-
ing is permitted.
SECTION 2. That Section 11702 of Chapter VII to Title XI
of the Morro Bay Municipal Code be amended to read as follows:
11702. Signs. Official signs may be posted specifying
that camping is prohibited in designated areas. Upon motion of
the City Council, signs may be posted permitting camping at all
times or for any specified period of time.
SECTION 3. 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 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 26th day of October
1971, by the following roll call vote:
AYES: Councilman Donohoo, Keiser, McConaghay, Walters and Mayor
Mitchell
NOES: None
ABSENT: None
ATTEST:
M. J�LITTLE, City Clerk
A OI 4- ¥�L %C- LL' -C./�
DALE C. MITCHE L, Mayor
•
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• •
ORDINANCE NO.97
AN ORDINANCE DELETING ARTICLE 8, CREATING A NEW
ARTICLE 8 AND ADDING A NEW SECTION 3209.2 TO
CHAPTER II OF TITLE III 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 Article 8 of Chapter II to Title III be
deleted and a new Article 8 be created to read as follows:
ARTICLE 8
BURNING OR BURYING REFUSE AND /OR WASTE MATERIAL
3208.1. Burning. No waste matter, combustible material or
refuse shall be burned in the open air within the city limits. No
waste material or garbage shall be burned in any fire place, in-
cinerator or container within a building located within the city
limits. This section shall not apply to agricultural burning
pursuant to permit issued by the San Luis Obispo Air Pollution
Control Board or the City Fire Chief, nor shall it apply to the
burning of charcoal or wood for campfires or barbeques.
3208.2. Burying Refuse and /or Waste Material. It shall be
unlawful for any person to bury refuse and /or waste material on
any premises, public or private, within the City of Morro Bay.
SECTION 2. That section 3209.2 be added to Chapter II of
Title III of the Morro Bay Municipal Code.
3209.2. Deposit of Refuse and /or Waste Material in City
Maintained Containers. City maintained trash containers are
provided to prevent littering of streets and public areas from
individual outdoor uses incidental to picnics, camping, and out-
door consumption of food and are not provided for large quantities
of collected trash. It is unlawful to deposit yard trimmings,
household garbage, accumulated household trash, discarded wearing
apparel, or other household property. It is also unlawful to
deposit trash generated by the conduct of a butiness enterprise.
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 full
force and effect.
• •
Ordinance No. 97
Page Two
PASSED AND ADOPTED by the City Council of the City of Morro
Bay at the regular meeting thereof held on this 26th day of October
1971 by the following roll call vote:
AYES: Councilmen Keiser, McConaghay, Walters and Mayor Mitchell
NOES: Councilman Donohoo
ABSENT: None
ATTEST:
2M. TTa
LE, City Clerk
d ate aieS,
DALE C. MITCH L , Mayor
• •
ORDINANCE NO. 96
AN ORDINANCE OF THE CITY OF MORRO BAY
CREATING CHAPTER IX OF TITLE XI OF
THE MORRO BAY MUNICIPAL CODE ENTITLED
"REGULATIONS TO PRESERVE THE PEACE AND ORDER"
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 IX to Title XI of the Morro Bay Municipal
Code is created as follows:
CHAPTER IX
REGULATIONS TO PRESERVE THE PEACE AND ORDER
11901. Emergency regulations to vrovide peace and order. It
is deemed necessary and in the public interest that the City of Morro
Bay take all appropriate action to insure that orderly procedures
exist to, protect the life and property and the preservation of
public peace and safety of the citizens of the city during a riot,
general civil disobedience, or threat of same.
The Mayor or City Administrator shall have the power to issue
a proclamation of a state of emergency whenever he shall find either
of the following to exist within the City of Morro Bay:
(a) That rioting and widespread public disorder have erupted
in the City of Morro Bay resulting in personal injuries
and in extensive property damages; or
(b) That there is a serious threat of riot and general civil
disobedience, and that although the city has made and
continues to make substantial efforts to prevent such
riot and disorder, the threat to the city is such that
additional action is deemed warranted to protect the
lives, safety, peace and property of the citizens of the
City of Morro Bay.
Whenever a proclamation of a state of local emergency has been
issued by the Mayor or the City Administrator, the Mayor or the City
Administrator shall have the power to make, issue and enforce emer-
gency rules and regulations related to the protection of life and
property. Specifically, the Mayor or the City Administrator shall
have the power to do any of the following within any portion or
portions or all of the City of Morro Bay:
(a) Curfew. Order a general curfew applicable to such
specified geographical areas of the city, to the city as
a whole, as is deemed necessary in the interest of the
public safety and welfare.,
"Curfew" means a prohibition against any person or
persons walking, running, loitering, standing or motoring
upon any public alley, street or highway, any public
property, or any vacant premises, excepting persons
officially designated to duty with reference to civil
emergency and representatives of the news media, physicians,
• •
Ordinance No. 96
Page Two
nurses, and ambulance operators performing medical ser-
vices, utility personnel maintaining essential public
services, firemen and law enforcement officers and
personnel and those specifically authorized by the
Chief of Police of this city or his duly authorized
agent.
(b) Business Closing. Order the closing of any business
establishments within the curfew area or within any other
specified portion of the City of Morro Bay, for the
period of the emergency; such businesses to include, but
not be limited to, those selling intoxicating liquors,
cereal malt beverages, gasoline or firearms.
(c) Alcoholic Beverages. Order that no person within the
curfew area or within any other specified portion of
the City of Morro Bay shall consume any alcoholic
beverages in a public street or place which is publicly
owned or in any motor vehicle driven or parked thereon.
(d) Weapons. Order that no person within the curfew area
or within the other specified portion of the City of
Morro Bay, shall carry or possess any gun, bomb, fire
bomb, knife, rock, bottle, club, brick or weapon, who
uses or intends to use the same unlawfully against the
person or property of another.
(e) Traffic Control. Designate any public street, thorough-
fare or vehicle parking areas within the curfew area
or within any other specified portion of the City of
Morro Bay closed to motor vehicles and pedestrian
traffic.
(f) General Authority. Issue such other orders as are
imminently necessary for the protection of life and
property.
11902. Violations and penalties. The civil and criminal
penalties and provisions set forth in Chapter II of Title I of the
Morro Bay Municipal Code shall apply to any and all violations
of the provisions of this chapter, and to any and all violations
of any emergency rules and regulations issued pursuant to this
chapter.
11903. Term of state of local emergency. Any state of local
emergency proclaimed in accordance with the provisions of this chapter
shall terminate after forty -eight hours from the issuance thereof or
upon the issuance of a proclamation by the Mayor or City Administrator
determining a local emergency no longer exists, whichever occurs
first; provided, however, that such emergency may be extended by
appropriate proclamation for such additional periods of time as
determined necessary by the Mayor and the City Administrator.
11904. Authority to obtain vital supplies, equipment and
property. In the event a proclamation of a state of local emergency
has been issued as set forth is this chapter, the City Administrator
is empowered to obtain those vital supplies, equipment, vehicles,
and any and all other types of property which in his judgment are
lacking and needed for the protection of the life and property of
the City of Morro Bay and the people therein, and to bind the City
• •
Ordinance No.96
Page Three
of Morro Bay for the fair value thereof, and if required immediately,
to commandeer the same for public use.
11905 Provi's'ions'' in event "of absence of the' Mayor or the City
Administrator. In the event both the Mayor and the City Administrator
are absent from the City of Morro Bay, or are otherwise unavailable,
during a riot, general civil disobedience, or threat of the same,
any and all of the powers granted by this chapter to the Mayor may
be exercised by the Mayor Pro Tempore and in the event he is absent
from the City of Morro Bay or otherwise unavailable, by the
Assistant City Administrator; and any and all powers granted by
this chapter to the City Administrator may, in the event he is
absent or otherwise unavailable during such a riot, general civil
disobedience, or threat of the same, be exercised by the Assistant
City Administrator.
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 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 the regular meeting thereof held on this 26th day of October
1971 by the following roll call vote:
AYES: Councilmen Donohoo, Keiser, McConaghay, Walters and Mayor
Mitchell
NOES: None
ABSENT: None
ATTEST:
TLE, City Clerk
DALE C. MITCHELL, Mayor
• •
ORDINANCE NO. 95
AN ORDINANCE CREATING CHAPTER III OF TITLE III
OF 1TTHE MORRO BAY MUNICIPAL CODE
ESTABLISHING PROVISIONS FOR THE INSPECTION AND
REGULATION OF CROSS- CONNECTIONS TO PUBLIC WATER SUPPLIES
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 III of Title III of the Morro
Bay Municipal Code is created as follows:
CHAPTER III
3301.1. Purpose. The purpose of this article is:
(a) To protect the public water supply against actual or
potential cross - connections by isolating within the
premises contamination or pollution that may occur
because of some undiscovered or unauthorized cross -
connection on the premises.
(b) To eliminate existing connections between drinking water
systems and other sources of water that are not approved
as safe and potable for human consumption.
(c) To eliminate cross - connections between drinking water
systems and other sources of water or process water
used for any purpose whatsoever which jeopardize the
safety of the drinking water supply.
(d) To prevent the making of cross - connections in the future.
(e) To encourage the exclusive use of public sources of water
supply. •
(f) To protect the drinking water supply within the premises
where plumbing defects or cross - connections may endanger
the drinking water supply available on the premises. "'
It is the intent of this article to recognize that there are
varying degrees of hazard and to apply the principle that the degree
of protection should be commensurate with the degree of hazard.
3301.2. Definitions. For the purpose of this chapter, the
following words and phrases are defined, and shall he construed as
hereinafter set out, unless it shall be apparent from the context
that they have a different meaning:
(a) Cross Connection. The terms "cross- connection" or "cross -
connected" as used in tese regulations means any real or
potential connection between any part of a public water
system or other water system supplying potable water to
members of the public and any auxiliary water supply or
any source or system containing water or any substance
that is not or cannot be approved as safe, wholesome, and
potable for human consumption.
Ordinance No. 95
Page Two
(b) Approved water supply. The term "approved water supply"
means any water supply approved by, or under the super-
vision of a public health agency of the State of Califor-
nia or the County of San Luis Obispo.
(c) Auxiliary water supply. The term "auxiliary water supply"
means any water supply on or available to the premises
other than the approved public potable water supply.
These auxiliary waters may include, but not be limited
to, water from another purveyor's public potable water
supply or any natural source such as a well, spring,
river, stream, harbor, etc., or "used water" or "indus-
trial fluids ".
(d) Approved check valve. The term "approved check valve"
means a check valve meeting the specifications and approval
of a recognized, approved testing agency for backflow
prevention devices.
(e) Approved double check valve assembly. The term "approved
double check valve assembly" means an assembly of at
least two independently acting approved check valves in-
cluding tightly closing shut -off valves on each side of
the check valve assembly and suitable leak detector
drains plus connections available for testing the water
tightness of each valve. The entire assembly shall be
made in the factory of the manufacturer and shall meet
the specifications and approval of a recognized, approved
testing agency for backflow prevention devices. To be
approved, these devices must be readily accessible for
maintenance testing.
(f) Air -gap separation. The term "air -gap separation" means
a physical break between a supply pipe and a receiving
vessel. The air -gap shall be at least double the diameter
of the supply pipe, measured vertically above the top rim
of the vessel, in no case less than one inch.
(g) Approved reduced pressure principle backflow prevention
device. The term "approved reduced pressure principle
backflow prevention device" means a device approved by
a recognized and approved testing agency for backflow
prevention devices. The entire assembly shall be made in
the factory of the manufacturer and shall incorporate two
or more check valves and an automatically differential
relief valve located between the two checks, two shut -off
valves, and equipped with necessary appurtenances for
testing. The device shall operate to maintain the pressure
in the zone between the two check valves less than the
pressure on the public supply side of the device. At
cessation of normal flow, the pressure between check valves
shall be less than the supplied pressure. In case of
leakage of either check valve, the differential relief
valve shall operate to maintain this reduced pressure by
discharging to the atmosphere. When the inlet pressure
is two pounds per square inch or less, the relief valve
shall open to the atmosphere, thereby providing an air -
gap in the device. To be approved these devices must be
readily accessible for maintenance and testing and installed
in a location where no part of the valve will be submerged.
• •
Ordinance No. 95
Page Three
(h) Contamination. The term "contamination" means an impair-
ment of the quality of the water to a degree which creates
an actual hazard to the public health through poisoning
or through the spread of disease.
(i) Pollution. The term "pollution" means an impairment of
the quality of the water to a degree which does not create
an actual hazard to the public health but which does
adversely affect such waters for domestic use.
(j) Health hazard. The term "health hazard" means an actual
or potential threat of contamination of a physical or
toxic nature to the public potable water system to such a
degree of intensity that there would be a danger to health.
(k) Department. The term "department" means the Health Depart-
ment of the County of San Luis Obispo.
(1) Plumbing hazard. The term "plumbing hazard" shall mean a
plumbing type cross - connection in a consumer's potable
water system that has not been properly protected by a
vacuum breaker, air -gap separation or other device. The
term "pluming hazard" includes but is not limited to
cross - connections to toilets, sinks, lavatories, wash
trays, domestic washing machines and lawn sprinkling
systems.
(m) Pollution hazard. The term "pollution hazard" means an
actual or potential threat to the physical properties of
the public water system or the potability of the public
water supply, but which would not constitute a health or
system hazard, as defined.
(n) System hazard. The term "system hazard" shall mean an .
actual or potential threat of severe damage to the physical
properties of the public potable water system.
(o) Service connection. The term "service connection" shall
mean the terminal end of a service connection from the
public potable water system, i.e., where the water pur-
veyor loses jurisdiction and sanitary control over the
water at its point of delivery to the consumer's water
system. If a meter is installed, then the service connection
shall mean the down- stream end of the meter. There should
be no unprotected take -offs from the service line ahead of
any meter or back -flow prevention device located at the
point of delivery to the consumer's water system.
(p) Purveyor. The term "purveyor" shall mean any person, cor-
poration, public utility, municipality, district or other
agency or institution furnishing or supplying water for
domestic purposes.
Water supervisor. The term "water supervisor" means the
consumer or a person on the premises appointed by the con-
sumer who is charged by the consumer with the responsibi-
lity to the consumer of maintaining the consumer's water
system free from cross-connections and other sanitary
defects, as required by regulations and laws. A certified
back -flow prevention device tester may not act as a water
(q)
•
Ordinance No. 95
Page Four
supervisor unless he is a full -time employee of the con-
sumer, and has the day -to -day responsibility for the in-
stallation and use of pipelines and equipment on the
premises and for the avoidance of cross - connections.
(r) Industrial fluids. The term "industrial fluids" shall
mean any fluid or solution which may be chemically,
biologically, or otherwise contaminated or polluted in •
a form or concentration such as would constitute a
health, system, pollutional or plumbing hazard if in-
troduced into the water supply. This may include, but
not be limited to polluted or contaminated used waters;
all types of processed waters and "used waters" originat-
ing from the public potable water system which may deter-
iorate in sanitary quality; chemicals in fluid form;
acids and alkalis; circulating cooling waters connected
to an open cooling tower and /or cooling waters that are
chemically or biologically treated or stabilized with toxic
substances; contaminated natural waters such as from wells,
springs, streams, rivers, bays, harbors, seas, irrigation
canals or systems, etc.; oil; gases; glycerine; paraf-
fines; caustic and acid solutions; and other liquid and
gaseous fluids used in industrial or other processes or
for firefighting purposes.
(s) Consumer The term "consumer" shall mean the owner of a
premises having a service from a potable water system.
3301.3. Consumer Responsibility. Consumers shall be responsible
for the installation and use of pipelines and equipment for the
avoidance of cross - connections, compliance with the provisions of
this Chapter, and for reporting to the Department any changes in
water usage. in the event of any cross- connection existing or
occurring on or within the premises, the Department shall be immediately
notified by the consumer so that appropriate corrective measures
may be taken.
3301.4. Where protection is required.
(a) Each service connection from the public water system for
supplying water to premises having an auxiliary water supply
shall be protected against backflow of water from the pre-
mises into the public water system.
(b) Each service connection from the public water system for
supplying water to premises on which any substance is or
may be handled in such a fashion as to permit entry into
the water system shall be protected against backflow of the
substance from the premises into the public system. This
shall include the handling of processed waters, and waters
originating from the public water supply system which have
been subject to deterioration in sanitary quality.
(c) Backflow prevention devices shall be installed on the ser-
vice connection to any premises that have cross - connections.
It shall be the responsibility of the consumer to provide,
test, and maintain protective devices as required.
3301.5: Type of protection. The protective device required
shall depend on the degree of hazard. In determining the degree of
hazard and the type of back -flow prevention to be required, the
•
Ordinance No. 95
Page Five
following criteria shall be used:
(a) An air -gap separation shall be used where there is a
health hazard. The air -gap shall be located as close as
practicable to the meter and all piping between the meter
and the receiving tank shall be entirely visible. If
these conditions cannot reasonably be met, the public
water supply shall be protected with an approved reduced
pressure principle backflow prevention device, pro-
viding the alternative is acceptable to the Department.
(b) An air -gap separation or a reduced pressure principle
backflow prevention device shall be used where there is
a system hazard or a plumbing hazard or any combination
of the above. If an air -gap separation is used, the
air -gap shall be located as close as practicable to the
meter and all piping between the meter and receiving
tank shall be entirely visible. Where there is no meter
the protective device shall be located on the service
connection pipeline at a point on the consumer's property
nearest the public water supply. pipeline.
(c) In all other cases of cross - connection, there shall be
required a double check valve assembly.
(d) Notwithstanding any other provisions of this Section, at
the service connection to any sewage treatment plant,
sewage pumping station, or storm water pumping station,
the public water supply shall be protected by an air -gap
separation. The air -gap shall be located as close as
practicable to the meter and all piping between the meter
and receiving tank shall be entirely visible. If these
conditions cannot be reasonably met, the public water
supply shall be protected with an approved reduced
pressure principle backflow prevention device, providing
this alternative is acceptable to the Department. Final
decision in this matter shall rest with the State De-
partment of Public Health.
(e) Notwithstanding any other provisions of this Section, on
any premises where the County Health Department determines
that a special hazard exists, the public water supply shall
be protected by such approved backflow prevention devices
as designated by the Department.
3301.6. Frequency of inspection of protective devices. It
shall be the duty of the consumer on any premises on which backflow
protective devices are installed to have competent inspections made
at least once a year or more often in those instances where successive
inspectionsindicate defective operation. These devices shall be
repaired, overhauled or replaced at the expense of the water user
whenever they are found to be defective. Records of such tests,
repairs, and overhaul shall be kept and submitted to the Department.
3301.7. Qualification and certification of person to inspect
and maintain backflow prevention devices.
(a) No person shall be qualified to inspect and maintain back-
flow prevention devices unless his qualifications have been
•
Ordinance No. 95
Page Six
established to the satisfaction of the Department as
hereinafter required. To determine the qualifications
of any person to inspect and maintain backflow preven-
tion devices, the Department shall have the authority
to conduct examinations as necessary. Upon successful
completion of such examination and such training as the
Department shall prescribe, the person so examined shall
receive from the Department a "Certificate of Competence ".
Any limitations or conditions imposed by the Department
on the examinee in the inspection and maintenance of
backflow prevention devices shall be stated upon the
face of said Certificate issued to the examinee. The
Department shall make available to consumers, a list of
persons qualified to inspect and maintain backflow pre-
vention devices. Every person, after receiving a "Cer-
tificate of Competence" from the Department, shall be
issued such identification as the Department shall deem
appropriate; and such identification shall be kept in
the immediate possession of every person holding a Certi-
ficate of Competence while said person is inspecting or
maintaining any backflow prevention device in the County
of San Luis Obispo.
(b) Every person desiring to qualify to inspect or maintain
backflow prevention devices shall make application to the
Department. At the time of making application, every per-
son shall pay a fee of Ten Dollars ($10.00), which fee
shall not be refundable. Said fee shall cover the expense
of the Department in processing the applications, Certi-
ficates of Competence, and any documents-of identifica-
tion required by the Department.
(c) Every person holding
the Department under
be required to renew
The requirements for
discretion of the Department.
a Certificate of Competence issued by
the provisions of this Article shall
said Certificate every three (3) years.
re- examination may be waived at the
(d) Every person receiving a Certificate of Competence under the
provisions of this Article shall be responsible for the
competency and accuracy of all inspections and maintenance
performed by him on any backflow prevention device.
(e) Any person issued a Certificate of Competence who violates
or fails to comply with any of the . provisions of this
Article or willingly falsifies inspection or maintenance
reports submitted to the Department shall, in addition to
the penalties prescribed in Chapter 1.04 of the San Luis
Obispo County Ordinance Code, have said Certificate
immediately revoked, and shall not be considered for re-
certification for a period of two (2) years.
3301.8. Booster pump - regulation of. When it becomes necessary,
because of low pressure or special operating conditions, to install
a booster pump on the service of any premises, such pump shall be
equipped with a low pressure cutoff switch designed to shut off the
pump when the pressure on the inlet side is 25 P.S.I.G. or lower. It
shall be the duty of the consumer to maintain the cut -off device in
proper working order, and to certify to the Department at least once
a year that the device is operable.
•
Ordinance No. 95
Page Seven
3301.9. Protection of water system within premi'ses.
(a) Whenever the Department determines that drinking water
systems on a premise cannot be protected against entry of
water from any piping system, equipment or other source
not safe or potable for human use, an entirely separate
drinking water system shall be installed to supply water
at convenient points.
(b) Water systems for fighting fire, derived from a supply
that cannot be approved as safe or potable for human use
shall, wherever practicable, be kept wholly separate from .
drinking water pipelines and equipment. In cases where
the domestic water system is used for both drinking and
fire fighting purposes, approved backflow prevention de-
vices shall be installed to protect such individual drink-
ing water lines as are not used for fire fighting purposes.
The users of such drinking water systems shall be further
protected as prescribed by the State and County Health
Departments.
(c) Potable water pipe lines connected to equipment for. indus-
trial processes or operations shall be disconnected there-
from if practicable. Where disconnection is not practi-
cable, an approved backflow prevention device, the type
or kind depending on the degree of hazard, shall be located
in the feedline to the process piping or equipment, beyond
the last point from which drinking water may be taken. In
the event the particular processed liquid is especially
corrosive or apt to prevent reliable action of the backflow
prevention device, an air -gap separation shall be provided.
These devices shall be repaired, overhauled or replaced
whenever they are found to be defective. Records of tests,
repairs, and replacement shall be kept and submitted to
the Department.
(d) Sewage pumps and storm water pumps shall not have priming
connections directly off any drinking water systems, unless
the drinking water system is protected by an air -gap and
no connection shall exist between the drinking water system
and any other piping equipment or tank in any sewage
treatment plant, sewage pumping station, or storm water
pumping station.
(e) Backflow protections by an approved backflow protection
device operating under the reduced pressure principle shall
be provided on each drinking water outlet used for supplying
ships or other vessels at piers or waterfronts. These
devices must be located where they will prevent the return
of water from any ship or vessel into another adjacent
ship or vessel or into the public water system.
(f) Where the premises contain dual or multiple water systems
and piping, the exposed portions of pipelines shall be
painted, banded or marked at sufficient intervals to
distinguish clearly which water is safe. All outlets
from other than approved water supply systems shall be
posted as being unsafe for drinking purposes. All outlets
intended for drinking purposes shall be plainly marked to
• •
Ordinance No. 95
Page Eight
indicate that fact.
3301.10. Water Supervisor. At each premises where it is
necessary, in the opinion of the Department, a Water Supervisor
shall be designated.
3301.11. Penalties for non - compliance. The water purveyor
shall have the authority to immediately discontinue service to any
premises where cross - connections or other hazards to the water
system are found to exist, and shall not again render service to
said premises until such conditions are eliminated in accordance
with this Chapter. Any consumer who willfully violates any of the
provisions of this Chapter or alters, or bypasses or renders in-
operative any backflow prevention device installed under the pro-
visions of this Chapter shall, in addition to immediate discon-
tinuance of water service be subject to penalties prescribed in
Chapter II of Title I of the Morro Bay Municiple Code. Service
shall not again be rendered until such violation or non - compliance
has been corrected.
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 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 26th day of October
1971, by the following roll call vote:
AYES: Councilmen Donohoo, Keiser, McConaghay, Walters and Mayor .
Mitchell
NOES: None
ABSENT: None
ATTEST:
/ 9
APT
M.
LI
DALE C. MITCHELL, Mayor
E, City Clerk
1
ORDINANCE NO. 94
AN ORDINANCE AMENDING CHAPTERS I AND II OF TITLE VI OF THE
MORRO BAY MUNICIPAL CODE ENTITLED "BUSINESS LICENSES"
AND CREATING SECTIONS 6217, 6218, 6219 AND 6220 OF
CHAPTER II OF TITLE VI OF THE MORRO BAY MUNICIPAL CODE
ENTITLED "BUSINESS LICENSES"
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 6100 of Chapter I be amended to
read as follows:
6100. Definitions
(j) Employee. As used in this Title, "employee," when
used in determining the number of employees used in
any business licensed and taxed under this Title,
means all persons engaged in the operation or conduct
of any business, whether an owner, any member or
owner, any member of owner's family, partner, agent,
manager, solicitor, and any and all other persons
employed or working in said business; provided such
persons' wages, salaries, or fees are reported to
State or Federal agencies under the provisions of
State or Federal income, social security, or unem-
ployment insurance laws.
(n) Garage Sales. As used in this Title, "garage sales"
means the offering for sale, to the general public,
collective articles of household furniture, household
furnishings, household goods or personal belongings
of the occupant of the residence from which the
articles are being offered for sale. Included in this
definition, but not limited to, are sales known or
advertised as "patio sales ", "backyard sales ", and
similiar descriptions.
SECTION 2. That Section 6111 of Chapter I be amended
to read as follows:
6111. Determination of Average Number of Employees
The annual average number of employees in any business shall
be determined by totaling the annual working hours of all full -
time, part -time, and seasonal employees, or any combinations
thereof, and dividing that total by two thousand (2,000). In the
result, any fraction greater than .5 shall be considered as one
(1) employee.
Exceptions:
(a) The total annual working hours of one (1) employee, as
defined by Section 6100 (j), herein, who may be either
an owner or the manager, need not be included in the
total annual working hours used to determine the average
number of employees. "Employees" who are owners of a
particular business and who report this income as
• •
Ordinance No. 94
Page two
jointly derived from that business on a joint return
to State or Federal agencies under the provisions of
State or Federal income tax laws shall be considered
as one (1) employee for purposes of determining the
average number of employees and qualify for this excep-
tion.
(b) "Employees" who do not report their wages, salaries or
fees, as derived from the particular business, to State
or Federal agencies under the provisions of State or
Federal income, social security or unemployment'insurance
laws need not be included in the total annual working
hours used to determine the average number of employees.
SECTION 3. That Section 6201 of Chapter II be amended to
read as follows:
6201. Retailing, Wholesaleing, Manufacturing, Fabricating,
Processing, Jobbing, and Other Services, Business,
Occupations, or Professions Not Spec'ific'ally Enumerated
Every person conducting or carrying on a business consisting of
selling and retailing any goods, wares, or merchandise or commodities
or other things of value in a fixed place of business in the City
of Morro Bay or of manufacturing, wholesaleing, fabricating, pro-
cessing, or jobbing any goods, wares, merchandise, or things of
value, and each and every trade, profession, service or 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 - Twenty -Five Dollars ($25.00)
Each employee as determined in Section 6111 of Chapter I,
herein - Five Dollars ($5.00)
SECTION 4. That Section 6205 of Chapter II be amended to
read as follows:
6205. 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
6201 of this Chapter. No business license will be issued if the
home occupation as conducted is contrary to provisions of the City
of Morro Bay zoning regulations.
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 accor-
dance with the following:
• •
Ordinance No. 94
Page three
(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
Twenty -Five Dollars ($25.00). If an exception is granted,
a minimum license fee of Ten Dollars ($10.00) per year
shall be charged.
(c) Appeal from the Collectors' decision may be filed under
the provisions of Section 6117 of Chapter I of this Title.
SECTION 5. That Section 6209 of Chapter II be amended to
read as follows:
6209. Coin Operated Machines
For every person engaged in the business of maintaining, oper-
ating, or letting the use of any coin operated vending machine,
except those machines used for laundry and dry cleaning purposes,
for the dispensing of goods, wares, or merchandise or other tangible
property, the license tax fee shall be Twenty -Five Dollars ($25.00)
per year, plus an additional license tax per year on the following
basis:
(a) Machines operated by-One Cent ($.01) - Fifty Cents ($.50)
for each machine.
(b) Machines operated by Five Cents ($.05) - One Dollar ($1.00)
for each machine.
(c) Machines operated by coin over Five Cents ($.05) - Two
Dollars ($2.00) for each machine.
All coin operated 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 machines not labeled as required by this
Section shall be considered unlicensed and will be removed from the
premises by the Collector and held for thirty (30) days. If un-
claimed after thirty (30) days, the machine will be considered
abandoned and disposed of as provided for the disposition of un-
claimed property.
Exemptions: No license hereunder shall be required for the
maintenance 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 convenience of employees, visitors and customers
and not for profit to him or to any other person.
• •
Ordinance No. 94
Page four
(c) Machines owned and operated by and in a location of a
business for which a license tax has been paid under
another catagory of this Chapter.
SECTION 6. That Section 6216 of Chapter II be amended to
read as follows:
6216. Public Utilities
Public utilities serving customers within the City of Morro Bay
shall pay an annual license fee under the provisions of Section
6201 of this Chapter unless the public utility company concerned
pays a franchise tax to the City in excess of the amount due under
the provisions of Section 6201, in which case no business license
fee shall apply.
SECTION 7. That Section 6217 of Chapter II be created as
follows:
6217. Real Estate
Every person in the real estate business who, whether from a
fixed or non -fixed 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, Twenty -Five Dollars
($25.00); plus Five Dollars ($5.00) per year for each salesman
or agent, as licensed and registered with the broker under
State of California Real Estate Board regulations provided
that said salesman or agent has consumated during the previous
license year at least one sale, or provides at least one list-
ing or transacts at least one lease or rental agreement per
year; plus Five Dollars ($5.00) per year, as calculated under
Section 6111 of Chapter I, herein, for each employee as defined
by Section 6100(j) of Chapter I, herein.
SECTION 8. That Section 6218 of Chapter II be created as
follows:
6218. Garage Sales
Each person conducting more than two (2) garage sales per
year from their private residence wherein goods or merchandise
which were not originally purchased for resale and which are being
offered for sale to the general public, shall pay an annual business
license fee in accordance with Section 6201 of this Chapter. No
business license will be issued if the garage sale as conducted is
contrary to provisions of the City of Morro Bay zoning regulations.
Each person conducting two (2) or less garage sales per year, shall
be required to apply for a no -fee business license for each such
garage sale.
SECTION 9. That Section 6219 of Chapter II be created as
follows:
Ordinance No. 94
Page five
6219. Flea Markets
Each person sponsoring or organizing a Flea Market wherein
merchandise and goods are offered for sale to the general public
shall pay a business license fee of Fifteen Dollars ($15.00) per
day for each day during which the Flea Market is open to the public.
SECTION 10. That Section 6220 of Chapter II be created as
follows:
6220. Art, Hobby or Handicraft Shows and Exhibitions
Each person sponsoring or organizing an art, hobby or handicraft
show or exhibitions wherein goods, artifacts or articles are offered
for sale to the general public shall pay a business license fee of
Ten Dollars ($10.00) per day for each day during which the show or
exhibition is open to the public, provided that the goods, artifacts
or articles being offered for sale are the products of the individual
exhibitors own skill or talent.
SECTION 11.
adoption, and prior
the passage thereof
general circulation
Morro Bay and shall
This ordinance shall take effect upon its
to the expiration of fifteen (15) days from
shall be published once in a newspaper of
published and circulated in the City of
thereafter be in full force and effect.
PASSED AND ADOPTED by the City Council of the City of Morro
Bay at a meeting of said Council held this llth day of October, 1971
by the following roll call vote:
AYES: Councilmen Donohoo, Keiser, McConaghay, Walters and Mayor
Mitchell
NOES: None
ABSENT: None
ATTEST:
M. LITTLE, City Clerk
11°
ALE C. MITCHELL, Mayor
• •
ORDINANCE NO. 93
AN ORDINANCE AMENDING SECTION 2403 OF CHAPTER 4
OF TITLE II 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 2403 of Chapter 4 of Title II
of the Morro Bay Municipal Code be amended to read as follows:
2403 Council Meetings
Regular meetings of the City Council shall be held on the
2nd and 4th Mondays of each month at 7:30 p.m. or the next
succeeding day which is not a holiday.
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 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 the regular meeting thereof held on this 24th day of August,
1971 by the following roll call vote:
AYES: Mayor Pro Tem Donohoo, Councilmen Keiser, McConaghay and
Walters
NOES: None
ABSENT: Mayor Mitchell
ATTEST:
jit' LE, City Clerk
FRED R. DONOHOO, Mayor Pro Tem
•
ORDINANCE NO. 92
AN ORDINANCE AMENDING SECTION 11102.9 OF CHAPTER I
OF TITLE XI 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•}ll02.9 of Chapter 1 of Title XI
of the Morro Bay Municipal Code be amended to read as follows:
11102.9 Redemption Fees
The owner or person entitled to the custody of a dog impounded
shall pay the following fees, effective July 1, 1971, to the
Poundmaster before such dog is released:
(a) Registration of license fee for then current year
unless such fee has been previously paid and evidence
of paid fee adequately exhibited.
(b) Impound fee of Ten Dollars ($10.00) for the first
occasion of any dog impounded within a calendar year.
(c) Impound fee of Twenty -Five Dollars ($25.00) for the
second occasion of any dog impounded within a calendar
year.
(d) Impound fee of Fifty Dollars ($50.00) for the third
and each subsequent occasion of any dog impounded within
a calendar year.
SECTION 2. This ordinance is being enacted to take effect
immediately in accordance with Section 36937 of the Government Code
�f the State of California.
This ordinance is required for the immediate preservation of
the public peace, health, and safety. Lack of restrictive impound
fees has caused a disregard by many dog owners of the leashing re-
quirements of the animal regulation ordinance and a resultant im-
position on the peace, health, and safety of the citizens of Morro
Bay.
• •
ORDINANCE NO. 92
Page two
. PASSED AND ADOPTED by the City Council of the City of Morro
Bay at a meeting of said Council held this 22 day of June, 1971,
by the following roll call vote:
AYES: Councilmen Donohoo, Keiser, McConaghay, Walters and
Mayor Mitchell
NOES: None
ABSENT: None
ATTEST:
TLE, City Clerk
1011&621, T/ QAMxd Mayor
• •
ORDINANCE NO. 91
AN ORDINANCE APPROVING AND ADOPTING
A BUDGET FOR THE FISCAL YEAR 1971 -72
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, A City is required to make, from time to time, a
variety of expenditures in order to provide day -to -day service for
which it is responsible; and
WHEREAS, The City Council finds and determines that the
efficiency and economy of City government would be substantially
impaired if such expenditures could not be made or such obligations
incurred on a daily basis as the need arises; and
WHEREAS, Section 37208 of the Government Code of the State of
California provides that payment or demands conforming to a budget
approved by ordinance need not be audited by the City Council
prior to payment:
NOW, THEREFORE, the City Council of the City of Morro Bay
does ordain as follows:
SECTION 1. That certain document entitled "Final Budget,
City of Morro Bay, Fiscal Year 1971 -72 ", dated June 22, 1971, is
hereby approved and adopted as the Final Budget for Expenditures
for the City of Morro Bay for the Fiscal Year 1971 -72.
SECTION 2. 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 immediately upon its adoption.
PASSED AND ADOPTED by the City Council of the City of Morro
Bay at the Egular meeting thereof held this 22nd day of June,
1971 by the following roll call vote:
AYES: Councilmen Donohoo, Keiser, McConaghay, Walters and
Mayor Mitchell
NOES: None
ABSENT: None
ATTEST:
LE C. MITC , Mayor
• •
ORDINANCE NO. 90
AN ORDINANCE AMENDING THE ZONING MAP OF THE
CITY OF MORRO BAY (LOTS 8, 9, 10, 11, 12, AND 21,
BLOCK 2 -D, ATASCADERO BEACH)
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 Zoning Map of the City of Morro Bay, adopted
pursuant to Section 5103.2 of the Morro Bay Municipal Code, shall
be and is hereby amended to change the zoning on the following
described property from R -1, S -1 to R -2, S -9, with the S -9 to be
a combination of S -7 and S -8 requirements, special treatment
designation:
All that property generally described as
Lots 8, 9, 10, 11, 12, and 21, Block 2 -D,
Atascadero Beach, City of Morro Bay.
SECTION 2. This ordinance shall take effect and be in full force
and effect thirty (30) days after its passage, and before the
expiration of fifteen (15) days after the passage of this ordinance,
it shall be published once with the names of the members of the
City Council voting for and against the ordinance in a newspaper
of local circulation published within the City of Morro Bay.
PASSED AND ADOPTED by the City Council of the City of Morro
Bay at a meeting of said Council held this 22 day of June
1971 on the following roll call vote:
AYES: Councilmen Donohoo, Keiser, McConaghay, Walters and
Mayor Mitchell
NOES: None
ABSENT: None
ATTEST:
/ 7 .
M. J. LITTLE, City Clerk
•
ALE C. MITCHEL , Mayor
•
ORDINANCE NO. 89
AN ORDINANCE REPEALING CHAPTERS I, II, III, AND IV OF TITLE VI
OF THE MORRO BAY MUNICIPAL CODE AND CREATING NEW
CHAPTERS I, II, AND III OF TITLE VI OF THE MORRO BAY
MUNICIPAL CODE ENTITLED "BUSINESS LICENSES"
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 Chapters I, II, III, and IV of Title VI
of the Morro Bay Municipal Code entitled "Business Licenses" be
and are hereby repealed except that the provisions thereof shall
continue to apply for licenses whose expiration date exceeds the
effective date of this ordinance.
SECTION 2. That Chapters I, II, and III of Title VI of the
Morro Bay Municipal Code entitled "Business Licenses" are hereby
created as follows:
CHAPTER I
GENERAL
6100. Definitions
(a) Person. As used in this Title, "person" includes all
corporations, associations, syndicates, joint stock
corporations, partnerships of every kind, clubs,
Massachusetts business or common law trusts, societies,
and individuals transacting and carrying on any business
in the City of Morro Bay, other than as an employee.
(b) Business. As used in this Title, "business" includes
professions, trades, and occupations and all and
every kind of calling, whether or not carried on for
profit.
(c) City. As used in this Title, "City" means the City of
Morro Bay, a municipal corporation of the State of
California, in its present incorporated form or in any
later reorganized, consolidated, enlarged, or re-
incorporated form.
(d) Vehicle. As used in this Title, "vehicle" means and
includes every device in, upon, or by which any person
or property is or may be transported or drawn upon
a public street or highway, except devices moved
solely by human power.
(e) Wholesale business. As used in this Title, "wholesale
business" means every business conducted solely for the
purpose of selling goods, wares, or merchandise in
wholesale lots.
ORDINANCE NO. 89
Page Two
(f) Jobbing business. As used in this Title, "jobbing
business" means every business conducted solely for
the purpose of selling goods, wares, or merchandise
in job lots to wholesale merchants for resale at
wholesale to the trade by said wholesale merchants.
(g) Retail business. As used in this Title, "retail
business" means every business not herein otherwise
defined conducted for the purpose of selling or offering
to sell any goods, wares, or merchandise.
(h) Fixed place of business. As used in this Title, "fixed
place of business" means the premises in the City
occupied for the particular purpose of conducting the
business thereat, and regularly kept open for the
purpose with a competent person in attendance for the
purpose of attending to such business.
(i) Manufacturer. As used in this Title, "manufacturer"
means one engaged in making materials, raw or partially
finished, into wares suitable for use.
(j) Employee. As used in this Title, "employee," when used
in determining the number of employees used in any
business licensed and taxed under this Title, means all
persons engaged in the operation or conduct of any
business, whether an owner, any member or owner, any
member of owner's family, partner, agent, manager,
solicitor, and any and all other persons employed or
working in said business; provided such persons' wages, salaries,
or fees are reported to State or Federal agencies under
the provisions of State or Federal income, social
security, or unemployment insurance laws. A fraction
of an employee shall be considered an employee.
(k) Sale. As used in this Title, "sale" means the transfer
in any manner or by any means whatsoever, of title to
property for a consideration; the serving, supplying, or
furnishing for a consideration of any property; and a
transaction whereby the possession of property is trans-
ferred and the seller retains the title as security for
the payment of the price; and a transaction whereby
services are rendered or use of facilities, skills, or
property is granted shall likewise be deemed a sale.
The foregoing definitions shall not be deemed to exclude
any transaction which is or which, in effect, results
in a sale within the contemplation of the law.
(1) Sworn statement. As used in this Title, "sworn statement"
means an affidavit sworn to before a person authorized
to take oaths, or a declaration or certification made
under penalty of perjury.
(m) Collector. As used in this Title, "Collector" means
any City officer charged with the administration of
this ordinance.
• •
ORDINANCE NO. 89
Page Three
6101. Purpose
Chapters I, II, and III of this Title are enacted for revenue
purposes.
6102. Substitute for Other Revenue Ordinances
Persons required to pay a license fee for transacting and
carrying on any business as defined herein shall not be relieved
from payment of any license fee or tax for the privilege of doing
such business required under any other title of the Morro Bay
Municipal Code and shall remain subject to the other regulatory
provisions of this Code.
6103. Effect of This Title on Past Actions and Obligations Previously
Approved
The adoption of this Title shall not in any manner be con-
strued to affect prosecution for violation of any other provision
of the Code committed prior to the effective date hereof nor be
construed as a waiver of any license or any penal provision
applicable to any such violation, nor be construed to affect the
validity of any bond or cash deposit required by any ordinance to
be posted, filed, or deposited and all rights and obligation there-
unto appertaining shall continue in full force and effect.
6104. License and Tax Payment Required
(a) There are hereby imposed upon the businesses, trades,
pfofessions, callings, and occupations specified in this
Title license fees in the amounts hereinafter prescribed.
It shall be unlawful for any person to transact and
carry on any business, trade, profession, calling, or
occupation in the City of Morro Bay without first having
obtained a license from said City so to do or without
complying with any and all applicable provisions of
this Title and of this ordinance.
(b) This section shall not be construed to require any
person to obtain a'license prior to doing business within
the City if such requirement conflicts with applicable
statutes of the United States or of the State of
California.
6105. Separate Licenses Required
A separate license must be obtained for each branch establishment
or location of the business transacted and carried on and for each
category of business at the same location, and each license shall
authorize the licensee to transact and carry on only the business
licensed thereby at the location or in the manner designated in
such. license; provided that warehouses and distributing plants used
in connection with and incidental to a business licensed under the
provisions of this ordinance shall not be deemed to be separate
places of business or branch establishments.
If two (2) or more businesses are conducted on the same
premises by one (1) person, as defined herein, and the employees
• •
ORDINANCE NO. 89
Page Four
are employed by and serve all businesses so located, only one (1)
license fee shall be levied based upon the number of employees
employed and each other business shall be subject to the license
fees assigned herein to the appropriate business category.
6106. Evidence of Doing Business
When any person shall by use of signs, circulars, cards,
telephone book, or newspapers, advertise, hold out, or represent
that he is in business in the City, or when any person holds an
active license or permit issued by a governmental agency indicating
that he is in business in the City, and such person fails to deny
by a sworn statement given to the Collector that he is not con-
ducting a business in the City, after being requested to do so by
the Collector, then these facts shall be considered prima facie
evidence that he is conducting a business in the City.
6107. Constitutional Apportionment
None of the license taxes provided for by this Title shall
be so applied as to occasion an undue burden upon interstate
commerce or be violative of the equal protection and due process
clause of the Constitution of the United States and the State of
California.
In any case where a license tax is believed by a licensee or
applicant for a license to place an undue burden upon interstate
commerce or be violative of such Constitutional clauses, he may
apply to the Collector for an adjustment of the tax. Such
application may be made before, at, or within six (6) months after
payment of the prescribed license tax. The applicant shall, by
sworn statement and supporting testimony, show his method of
business and such other information as the Collector may deem
necessary in order to determine the extent, if any, of such undue
burden or violation. The Collector shall then conduct an investi-
gation, and, after having first obtained the written approval of
the City Attorney, shall fix the license tax for the applicant,
an amount that is reasonable and non - discriminatory, or, if the
license tax has already been paid, shall order a refund of this
amount over and above the license tax so fixed.
6108. Exemptions
(a) Charitable and nonprofit organizations. The provisions
of this Title shall not be deemed or construed to require
the payment of a license fee to conduct, manage, or
carry on any business, occupation, or activity from any
institution or organization which is conducted, managed,
or carried on wholly for the benefit of charitable
purposes or from which profit is not intended to be
derived, either directly or indirectly, by any individual;
nor shall any license tax be required for the conducting
of any entertainment, dance, concert, exhibition, or
lecture within the City whenever the receipts of any
such entertainment, concert, dance, exhibition, or
lecture are to be appropriated to any church, school,
civic, fraternal, religious, or benevolent purpose;
nor shall any license fee be required for the conducting
0
ORDINANCE NO. 89
Page Five
of any entertainment, dance, concert, exhibition, or
lecture by any religious, civic, charitable, fraternal,
educational, military, state, county, or municipal
organization or association whenever the receipts of any
such entertainment, dance, concert, exhibition, or
lecture are to be appropriated for the purpose and
objects for which such organization or association was
formed and from which profit is not derived, whether
directly or indirectly, by any individual; provided,
however, that nothing in this section shall be deemed
to exempt any such organization or association from
complying with any of the provisions of this Title
requiring a permit from the City Council for any
commission or officer to conduct, manage, or carry on
any profession, trade, calling, or ocbupation.
(b) Disabled veterans. No license fee payable hereunder
shall be payable by any person who has received an
honorable discharge or release from active duty in
one of the United States armed services, who is physically
unable to obtaina livelihood by manual labor, and who
is a voter of this State.
(c) Highway carriers. None of the license fees provided
for by this Title shall be applied to carriers
operating under the jurisdiction of the State of
California Public Utilities Commission who pay a business
license tax levied pursuant to the "Highway Carriers
Uniform Business License Tax Act."
(d) Any person claiming an exemption pursuant to this
section shall file a verified statement with the Collector
stating the facts upon which exemption is claimed. The'
Collector, upon a proper showing contained in a verified
statement, shall issue a license to such person claiming
exemption under this section without payment to the
City of the license fee required by this Title. The
Collector, after giving notice and a reasonable
opportunity for hearing to a licensee, may revoke any
license granted pursuant to the provisions of this
section upon information that the licensee is not
entitled to the exemption as provided herein.
6109. Contents of License
Every person required to have a license under the provisions
of this Title shall make application for the same to the Collector,
and upon the payment of the prescribed license fee, the Collector
shall issue to such person a license which shall contain the name
of the person to whom the license is issued, the business licensed,
the place where such business is to be transacted and carried on,
the date of expiration of such license, and.such other information
as may be necessary for the enforcement of the provisions of this
ordinance.
6110. Application - First License
Upon a person making application for the first license to be
issued hereunder or for a newly - established business, such person
• •
ORDINANCE NO. 89
Page Six
shall furnish to the Collector a sworn statement, upon a form
provided by the Collector, setting forth the following information:
(a) The exact nature or kind of business for which a
license is requested;
(b) The place where such business is to be carried on,
and if the same is not to be carried on at any
permanent place of business, the place of residence
of the owner of same;
(c) In the event that application is made for the issuance
of a license to a person doing business under a
fictitious name, the application shall set forth the
manner and place of residences of those owning said
business;
(d) In the event that the application is made for the
issuance of a license to a corporation or a partnership,
the application shall set forth the manner and place
of residences of the officers or partners thereof;
(e) In the event that the amount of the license tax to
be paid by the applicant is based upon the average
number of employees or the number of persons, spaces,
or items of any kind used in or pertaining to his
business, he shall state in said application the
annual average number of employees employed or used
in the business during the preceding twelve (12) months,
or the number of such persons, spaces, or items used
in or pertaining to his said business; and the license
tax for the ensuing year shall be computed on such
figures;.
(f) Upon a person making application for a newly - established
business or a business which has not been operated for
twelve (12) months immediately preceding the application,
in all cases where the amount of tax to be paid is
based upon the average number of persons employed, the
applicant shall state the estimated annual average
number of employees expected to be employed or used
in the business; and the license tax for the ensuing
period shall be,based on that figure.
6111. Determination of Average Number of Employees
The annual average number of employees in any business shall
be determined by totaling the annual working hours of all full -
time, part -time, and seasonal employees, or any combinations
thereof, and dividing that total by two thousand (2000).
6112. Duration of License
All licenses issued hereunder shall expire on the first
thirtieth day of June occurring after effective date thereof.
• •
ORDINANCE NO. 89
Page Seven
6113. Renewal License - Affidavit
In all cases, the applicant for the renewal of a license
shall submit to the Collector for his guidance in ascertaining the
amount of the license tax to be paid by the applicant, a sworn
statement, upon a form to be provided by the Collector, setting
forth such information concerning the applicant's business during
the preceding year as may be required by the Collector to enable
him to ascertain the amount of the license tax to be paid by said
applicant pursuant to the provisions of this ordinance.
6114. Statements Not Conclusive
No statement shall be conclusive as to the matters set forth
therein, nor shall the filing of the same preclude the City of Morro
Bay from collecting by appropriate action such sum as is actually
due and payable hereunder. Such statement and each of the several
items therein contained shall be subject to audit and verification
by the Collector, his deputies, or authorized employees of the
City, who are hereby authorized to examine, audit, and inspect such
books and records of any licensee or applicant for license, as
may be necessary in their judgment to verify or ascertain the
amount of license fee due.
All licensees, applicants for licenses, and persons engaged
in business in the City of Morro Bay are hereby required to permit
any examinations of such books and records for the purposes afore-
said.
6115. Information Confidential
It shall be unlawful for the Collector or any person having
an administrative duty under the provisions of this ordinance to
make known in any manner whatever the business affairs, operations,
or information obtained by any investigation of records and equip-
ment of any person required to obtain a license, or pay a license
tax, or any other person invited or examined in the discharge of
official duty, or the amount or source of income, profits, losses,
expenditures, or any particular thereof, set forth in any statement
or application, or to permit any statement or application, or copy
of either, or any book containing any abstract or particulars
thereof to be seen or examined by any person. Provided that nothing
in this section shall be construed to prevent:
(a) The disclosure to, or the examination of records and
equipment by, another City official, employee, or
agent for collection of taxes for the sole purpose of
administering or enforcing any provisions of this
ordinance, or collecting taxes imposed hereunder;
(b) The disclosure of information to, or the examination
of records by, Federal or State officials or the tax
officials of another city or county if a reciprocal
arrangement exists, or to a grand jury or court of law,
upon subpoena;
(c) The disclosure of information and results of examination
of records of particular taxpayers, or relating to
• •
ORDINANCE NO. 89
Page Eight
particular taxpayers, to a court of law in a proceeding
brought to determine the existence or amount of any
license tax liability of the particular taxpayers to
the City;
(d) The disclosure after the filing of a written request to
that effect, to the taxpayer himself, or to his successors,
assignees, and guarantors as to the items included in
the measure of any paid tax, any unpaid tax, or amounts
of tax required to be collected, interest, and penalties;
further provided, however, that the City Attorney
approves each such disclosure and that the Collector
may refuse to make any disclosure referred to in this
paragraph when in his opinion the public interest would
suffer thereby;
(e) The disclosure of the names and addresses of persons
to whom licenses have been issued, and the general type
or nature of their business;
(f) The disclosure by way of public meeting or otherwise
of such information as may be necessary to the City
Council in order to permit it to be fully advised as
to the facts when a taxpayer files a claim for refund
of license taxes, or submits an offer of compromise with
regard to a claim asserted against him by the City for
license taxes or when acting upon any other matter;
(g) The disclosure of general statistics regarding taxes
collected or business done in the City.
6116. Failure to File Statement
If any person fails to file any required statement within the
time prescribed, or if after demand therefore made by Collector,
he fails to file a corrected statement, Collector may determine
the amount of license tax due from such person by means of such
information as he may be able to obtain.
If such a determination is made, the Collector shall give a
notice of the amount so assessed by serving it personally or by
depositing it in the United States Post Office at Morro Bay,
California, postage prepaid, addressed to the person so assessed
at his last known address. Such person may, within fifteen (15)
days after the mailing or serving of such notice, make application
in writing to the Collector for a hearing on the amount of the
license tax. The Collector shall cause the matter to be set for
hearing within thirty (30) days before the City Council. The
Collector shall give at least ten (10) days notice to such person
of the time and place of hearing in the manner prescribed above
for serving notices of assessment. The Council shall consider all
evidence produced, and shall make finding thereon, which shall be
final. Notice of such findings shall be served upon the applicant
in the manner prescribed above for serving notices of assessment.
6117. Appeal
Any person aggrieved by any decision of the Collector with
respect to the issuance or refusal to issue such license may appeal
• •
ORDINANCE NO. 89
Page Nine
to the City Council by filing a written notice of appeal with the
Clerk of the Council. The Council shall thereupon fix a time and
place for hearing such appeal. The City Clerk shall give notice to
such a person of the time and place of hearing by serving it personally
or by depositing it in the United States Post Office at Morro Bay,
California, postage prepaid, addressed to such person at his last
known address. The Council shall have authority to determine all
questions raised on such appeal. No determination shall conflict
with any substantive provision of this Title.
6118. Transfer of Licenses
Any business license under this chapter may be transferred to
another licensee or location upon application and the payment of
the fee of Two Dollars ($2.00) to the Collector to have the license
amended, provided an application and payment of fee is made within
fifteen (15) days after such transfer, or a new license will be
due and payable for the remainder of the license period.
6119. Duplicate License
A duplicate license may be issued by the Collector to replace
any license previously issued hereunder which has been lost or
destroyed upon the licensee filing statement of such fact, and at
the time of filing such statement paying to the Collector a duplicate
license fee of Two Dollars ($2.00).
6120. Additional Power of Collector
In addition to all other powers conferred upon him, the
Collector shall have the power, for good cause shown, to extend the
time for filing any required sworn statement for a period not
exceeding thirty (30) days, and in such case to waive any penalty
that would otherwise have accrued; and shall have the further
power, with the consent of the Council, to compromise any claim
as to the amount of license tax due.
6121. Posting and Keeping Licenses
All licenses must be kept and posted in the following manner:
(a) Any licensee transacting and carrying on business at a
fixed place of business in the City of Morro Bay shall
keep the license posted in a conspicuous place upon
the premises where such business is carried on.
(b) Any licensee transacting and carrying on business,
but not operating at a fixed place of business in
the City of Morro Bay, shall keep the license upon
his person at all times while transacting and carrying
on such business.
6122. License Fee - How and When Payable
Unless otherwise specifically provided, all annual license
taxes, under the provisions of this chapter, shall be due and payable
in advance on the first day of July each year; provided that
license taxes covering new operations commenced after the first
ORDINANCE NO. 89
Page Ten
day of July may be pro -rated for the balance of the license period
as follows:
(a) If application is made during the quarter beginning
July first, 100 percent of such fee shall be paid;
(b) If application
October first,
(c) If application
January first,
is made during the quarter beginning
75 percent of said fee shall be paid;
is made during the quarter beginning
50 percent of said fee shall be paid;
(d) If application is made during the quarter beginning
April first, 25 percent of said fee shall be paid.
Except as otherwise herein provided, license fees, other than
annual, required hereunder shall be due and payable as follows:
(a) Semi - annual license fees, on the first day of July
and the first day of January each year;
(b) Quarterly license fees, on the first day of July,
October, January, and April of each year;
(c) Monthly license fees on the first of the month;
(d) Weekly license fees on Monday of each week in advance;
(e) Daily license fees each day in advance.
6123. Penalties for Failure to Pay Fee When Due
For failure to pay a license fee when due, the Collector
shall add a penalty of 10 percent of said license tax on the last
day of each month after the due date thereof, providing that the
amount of such penalty to be added shall in no event exceed 100
percent of the amount of the license tax due.
6124. Unlawful Businesses
No license issued under the provisions of this Title shall
be construed as authorizing the conduct of or continuance of any
illegal or unlawful business.
6125. Refunds of Overpayment
No refund of an overpayment of taxes imposed by this Title
shall be allowed in whole or in part unless the claim for refund
is filed with the Collector within a period of three (3) years
from the last day of the calendar month following the period for
which the overpayment was made, and all such claims for refund
of the amount of the overpayment must be filed with the Collector
on forms furnished by him and in the manner prescribed by him.
Upon the filing of such claim and when he determines that an over-
payment has been made, the Collector may refund the amount overpaid.
6126. License Fee - A Debt
The amount of any license fee imposed by the provisions of
•
ORDINANCE NO. 89
Page Eleven
this Title shall be deemed a debt to the City of Morro Bay. Any
action may be commenced in the name of said City in any court of
competent jurisdiction for the amount of any delinquent license
fees and penalties.
6127. Criminal and Civil Action Authorized for Failure to Pay
The conviction and imprisonment of any person for engaging
in any business without first obtaining a license to conduct such
business shall not relieve such person from paying the license
tax to conduct such business, nor shall the payment of any license
tax prevent a criminal prosecution for the violation of any of
the provisions of this Title. All remedies prescribed hereunder
shall be accumulative and the use of one or more remedies by the
City shall not bar the use of any other remedy for the purpose of
enforcing the provisions hereof.
6128. Concessions
Every person who operates any business, whether upon a cost,
rental, or commission basis, as a concession or upon a rented floor
space in or upon a premise of any person licensed under any pro-
vision of this Title, shall be required to obtain a separate and
independent license pursuant to the appropriate provisions of
this Title, and shall be subject to all provisions of this Title
regulatory, directive, or penal.
CHAPTER II
FEES FOR BUSINESS LICENSES
6200. License Tax - General
Every person transacting and carrying on the businesses
herein enumerated shall "pay a license tax as specified in this
chapter.
6201. Retailing, Wholesaleing, Manufacturing, Fabricating,
Processing, Jobbing, and Other Services, Businesses,
Occupations, or Professions Not Specifically Enumerated
Every person conducting or carrying on a business consisting
of selling and retailing any goods, wares, or merchandise or
commodities or other things of value in a fixed place of business
in the City of Morro Bay or of manufacturing, wholesaleing,
fabricating, processing, or jobbing any goods, wares, merchandise,
or things of value, and each and every trade, profession, service,
or 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 at the following
rates:
Minimum - Twenty -Five Dollars ($25.00) including one (1)
employee as herein defined.
Each additional employee - Five Dollars ($5.00).
• •
ORDINANCE NO. 89
Page Twelve
6202. 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 Twenty -Five Dollars ($25.00) for
one (1) or more vehicles.
6203. Apartments, Motels, Hotels, Multiple Dwellings, Rest Homes,
Rooming Houses, Hospitals, and Sanitariums
Multiple dwellings and apartments of four (4) or more units;
hotels, motels, and rooming houses with four (4) or more rooms;
rest homes, hospitals, and sanitariums with the capacity of four
(4) or more persons shall pay an annual license fee of Twenty -
Five Dollars ($25.00) plus One Dollar ($1.00) per annum for each
unit, room, or person cared for, over four (4).
6204. Trailer (house), Travel Trailer Park, or Mobile Home Park
Persons having one (1) to four (4) rental spaces shall pay
Twenty -Five Dollars ($25.00) per annum. Persons having more than
four (4) rental spaces shall pay Twenty -Five Dollars ($25.00) per
annum plus One Dollar ($1.00) per annum for each rental space over
four (4).
6205. 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 6201 of this chapter. No business license will be issued
if the home occupation as conducted is contrary to provisions of
the City of Morro Bay zoning regulations.
6206. 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 undertake
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, development, or improvement, other than personally, or
to do any part thereof; provided, that the term contractor as
used in this chapter shall :include' c sub - contractor, but shall
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
shall not include any owner - builder who is exempt under the pro-
visions 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 construction the use of more than two (2)
• •
ORDINANCE NO. 89
Page Thirteen
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 Fifty Dollars ($50.00) or
Twenty -Five Dollars ($25.00) per job, not to exceed a total payment
of Fifty Dollars ($50.00) in any one tax year.
A specialty contractor is a contractor whose operations as
such are the performance of work requiring special skill and
whose principal contracting business involves the use of specialized
building trades or crafts. Included within but not limited to
this catagory are electrical, plumbing, pipeline, sewer, grading,
street, paving, house moving, trenching, or excavating contractors.
Persons licensed under this provision shall pay an annual license
tax of Twenty -Five Dollars ($25.00) per year or Five Dollars
($5.00) per job, not to exceed a total payment of Twenty -Five
Dollars ($25.00) 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
construction 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
requite: that each specialty contractor so listed have a valid
business license as defined herein. The inspecting City depart-
ment 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.
6207. Carnivals and Circuses
For the business of conducting a carnival or circus of one
(1) ring or more, the license fee shall be One Hundred Dollars
($100.00) per day, and such license shall cover all shows,
exhibitions, 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 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, reserves 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.
6208. 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 Ten Dollars ($10.00) per
day.
For the business of operating a merry -go- round, revolving
• •
ORDINANCE NO. 89
Page Fourteen
wheel, chute, toboggan, slide, mechanical riding contrivance, or
pony rides, other than under a carnival or circus license, the
license fee shall be Ten Dollars ($10.00) 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 Twenty -Five Dollars ($25.00) per day.
For the business of conducting any wrestling or boxing
exhibition or show, the license fee shall be Ten Dollars ($10.00)
per day.
For the business of conducting a public dance at which an
admission fee is charged, the license tax shall be Ten Dollars
($10.00) for each such public dance.
6209. Coin Operated Machines
For every person maintaining, operating, or offering for
operation on premises owned, leased, or controlled by him any
coin operated machine, except those machines used for laundry
and dry cleaning purposes, the license tax fee shall be as follows:
(a) Amusement machine, phonograph, or music machine - Twenty -
Five Dollars ($25.00) per year for each such machine;
(b) Merchandise and service machines (when the price per
unit is five cents (5) or less) - Five Dollars ($5.00)
per year per machine;
(c) Merchandise and service machines (when the price per
unit is more than five cents (5C)) - Fifteen Dollars
($15.00) per year for each such machine.
All coin operated 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 machines not labeled as required by this
section shall be considered unlicensed and will be removed from the
premises by the Collector and held for thirty (30) days. If
unclaimed after thirty (30) days, the machine will be considered
abandoned and disposed of as provided for the disposition of
unclaimed property.
6210. Skating Rink
For every skating rink the license tax shall be the sum of
Twenty -Five Dollars ($25.00) per year.
6211. Auctioneers
For every person carrying on the business of an auctioneer
in the City of Morro Bay and not operating a fixed place of
business, the license fee shall be Twenty -Five Dollars ($25.00)
per day,or, if operating a fixed place of business, the license
fee shall be Twenty -Five Dollars ($25.00) per year.
• •
ORDINANCE NO. 89
Page Fifteen
6212. Fire, Wreck, or Bankrupt Sale
For the business of conducting a fire, wreck, or bankrupt
sale, the license fee shall be Thirty -Five Dollars ($35.00)
for each sale and an additional Twenty Dollars ($20.00) for each
day any such sale is conducted in excess of three (3) days.
For the purposes of this section, a "fire or wreck sale"
is defined to be and include 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, a "bankrupt sale" shall
include 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 this
City whose stocks or goods have been damaged by fire, water,
wreck, or other such calamity occurring in the City.
6213. Money Lenders and Pawn Shops
For every person carrying on the business of money lending
or operating a pawn shop, an annual license tax of One Hundred
Dollars ($100.00) shall be charged; and each person is hereby
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 (1) year from the date of the last entry therein; and shall
be exhibited upon request to any police officer of said City.
The City Council shall have the power to revoke any such pawn
broker's license without notice, and the money representing the
unused portion of such license shall be forfeited to said City.
6214. Second Hand Stores and Junk Dealers
For every person carrying on the business of a second hand
store or dealing in junk, an annual license tax in accordance
with the schedule enumerated in section 6201 of this chapter shall
be charged; and each such person is hereby 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 or received by him; the name, residence, and an
accurate description of the vendor or person from whom received;
the amount paid for such article; and the date and hour of purchase
or receipt. Such books shall be preserved intact for the space
of one (1) year from the date of the last entry therein; and shall
be exhibited upon request to any police officer of said City.
Said City Council shall have the power to revoke any such second
hand junk dealer's license without notice, and the money
representing the unused portion of such license shall be forfeited
to said City.
• •
ORDINANCE NO. 89
Page Sixteen
6215. Peddlers, Solicitors, or Itinerant Merchants
For the purpose of this section, a "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, a "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 180 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 business of peddler, as defined
herein, shall pay a license tax of Ten Dollars ($10.00) per day.
Every person carrying on the business of solicitor, as defined
herein, shall pay a license tax of Twenty Dollars ($20.00) per
day plus Ten Dollars ($10.00) for each solicitor so engaged.
Any person carrying-on the business of itinerant merchant,
as defined herein, shall pay a license tax of Ten Dollars ($10.00)
per day; Twenty Dollars ($20.00) per week; Thirty Dollars ($30.00)
per month; Forty Dollars ($40.00) per quarter; and Fifty Dollars
($50.00) for 180 days.
No person shall be required to pay a license fee for peddling
any of his or their own agricultural, pastoral, or:daity products
raised by himself or themselves in the State of California,. where
the products sold are exclusivesly their own. This exemption shall
not apply to nurseries or other commercial establishments who buy
goods for resale as well as selling their own products.
6216. Public Utilities
Public utilities serving customers within the City of Morro
Bay shall pay an annual license fee of One Hundred Fifty Dollars
($150.00) unless the public utility company concerned pays a
franchise tax to the City in excess of this amount, in which case
no business license fee shall apply.
CHAPTER III
ENFORCEMENT
6300. who May Enforce
It shall be the duty of the Collector, and he is hereby so
• •
ORDINANCE NO. 89
Page Seventeen
- directed, to enforce each and all of the provisions of this Title,
and the Chief of Police shall render such assistance in the enforce-
ment hereof as may from time to time be required by the Collector
or the City Council.
The Collector, in the exercise of his duties imposed upon
him hereunder, and acting through his deputies or duly authorized
assistants or the Chief of Police, shall examine or cause to be
examined all places of business in the City to ascertain whether
the provisions of this Title have been complied with.
The Collector and each and all of his deputies, duly
authorized assistants, and the Chief of Police and any police
officer shall have the power and authority to enter, free of
charge and at any reasonable time, any place of business required
to be licensed herein, and demand an exhibition of its license
certificate.
6301. Remedies Cumulative
All remedies prescribed hereunder shall be cumulative and the
use of one or more remedies by the City shall not bar the use
of any other remedy for the purpose of enforcing the provisions
hereof.
6302. Penalty for Violation
Any person violating any of the provisions of this chapter
or knowingly or intentionally misrepresenting to any officer or
employee of this City any material fact in procuring the license
or permit herein provided for shall be deemed guilty of a mis-
demeanor, and upon conviction thereof shall be punishable by a
fine of not more than Five Hundred Dollars ($500.00) or by
imprisonment for a period of not more than six (6) months, or by
both such fine and imprisonment.
6303. Severability
If any section, subsection, sentence, clause, phrase, or
portion of this chapter is for any reason held to be invalid or
unconstituional by the decision of any court of competent juris-
diction, such decision shall not affect the validity of the
remaining portions of this chapter. The City Council of this
City hereby declares that it would have adopted this chapter and
each section, subsection, sentence, clause, phrase, or portion
thereof, irrespective of the fact that any one (1) or more sections,
subsections, clauses, phrases, or portions be declared invalid
or unconstitutional.
SECTION 3. This ordinance shall take effect upon 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 shall thereafter be in full force and effect.
• •
ORDINANCE NO. 89
Page Eighteen
PASSED AND ADOPTED by the City Council of the City of Morro
Bay at a meeting of said City Council held this 11th day of
May , 1971 by the following roll call vote:
AYES: Councilmen Donohoo, Keiser, McConaghay, Walters, and Mayor
Mitchell
NOES: None
ABSENT: None
ATTEST:
J■_LICTTL , ity Clerk
1. 122/Al,
DALE C. MITCHELL, Mayor
• •
ORDINANCE NO. 88
AN ORDINANCE REPEALING SECTION 6112 OF TITLE VI
OF THE MORRO BAY MUNICIPAL CODE
AND CREATING A NEW SECTION 6112 OF TITLE VI
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 6112 of Title VI
Code entitled "License Fee - How and When
adopted on the 24th day of November, 1964
SECTION 2. Section 6112 of Title VI
Code entitled "License Fee - How and When
as follows:
of the Morro Bay Municipal
Payable ", passed and
is hereby repealed.
of the Morro Bay Municipal
Payable" is hereby created
6112 License Fee - How and When Payable
Unless otherwise specifically provided, annual license fees
under the provisions of this code shall be due and payable in advance
on the first day of July of each year, commencing July 1, 1971;
providing however, that for the license period from January 1, 1971
to June 30, 1971 inclusive, a semi - annual license fee in the amount
of one -half of the annual license fee shall be due and payable in
advance on January 1, 1971; and provided that license fees covering
new operations, commencing after the first day of January, 1971
may be prorated for the balance of the license period.
Except as otherwise herein provided, license fees, other than
the annual required hereunder, shall be due and payable as follows:
1. Semi - annual license fees, on the first day of July
2. Quarterly license fees, on the first day of July,
3. Monthly license fees, on the first day of the month
4. Weekly license fees on Monday of each week in advance.
5. Daily license fees each day in advance.
SECTION 3. 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 shall thereafter be in full force and effect.
and the first day of January of each year.
October, January, and April of each year.
in advance.
• •
ORDINANCE NO. 88
Page Two
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
November, 1970 by the following roll call vote:
AYES: Councilmen Donohoo, Keiser, McConaghay, Walters, and
Mayor Mitchell
NOES: None
ABSENT: None
ATTEST:
DALE- C. MITCHEL7 , -Mayor
• •
ORDINANCE NO. 87
AN ORDINANCE REPEALING SECTION 8516 OF CHAPTER V,
TITLE VIII OF THE MORRO BAY MUNICIPAL CODE
ENTITLED "MOTOR VEHICLES ON PUBLIC BEACHES"
AND CREATING A NEW SECTION 8516 OF CHAPTER V,
TITLE VIII ENTITLED "MOTOR VEHICLES ON PUBLIC PROPERTY"
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 8516 of Chapter V, Title VIII of the Morro
Bay Municipal Code entitled "Motor Vehicles on Public Beaches" is
hereby repealed.
SECTION 2. There is hereby created a new Section 8516 of
Chapter V, Title VIII of the Morro Bay Municipal Code entitled
"Motor Vehicles on Public Property."
8516 Motor Vehicles on Public Property
Except as excluded herein, no person shall drive any self -
propelled motor vehicle on any public property within the City of
Morro Bay unless such property has been improved or designated
for the specific purpose of providing for the passage or parking
of self - propelled motor vehicles.
Public property as used in this ordinance shall mean any
property owned by the United States of America, the State of
California, the County of San Luis Obispo, or the City or Morro
Bay or of any department or division thereof.
EXCEPTIONS:
(1) The provisions of this ordinance shall not be applicable
to that portion of property located within the city
limits of the City of Morro Bay commonly known as the
sandspit, which forms the westerly boundary of the
waters of Morro Bay.
(2) The provisions of this ordinance shall not apply
to any vehicle owned by any governmental agency or
of any public utility corporation when such vehicle
is being used to carry out the regular duties of
such agency or utility, and shall not apply to golf
carts when being used on a public golf course.
SECTION 3. 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 shall thereafter be in full force and
effect.
• •
ORDINANCE NO. 87
Page Two
Passed and adopted by the City Council of the City of Morro
Bay at a meeting of said City Council held this 10 day of
November , 1970 by the following roll call vote:
AYES: Councilmen Donohoo, Keiser, McConaghay, and Mayor Mitchell
NOES: Councilman Walters
ABSENT: None
ATTEST:
M. J ITTL', City Clerk
D C. MI TCH
EFFECTIVE DATE - MAY 21, 1971
• •
ORDINANCE NO. 86
AN ORDINANCE CREATING CHAPTER XIII TO TITLE II
OF THE MORRO BAY MUNICIPAL CODE
ENTITLED "POLICE RESERVE"
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 XIII of Title II of the Morro Bay
Municipal Code entitled "Police Reserve" is hereby created as
follows:
CHAPTER XIII
POLICE RESERVE
21301 Definitions
Whenever in this ordinance the following terms are used, they
shall have the meaning ascribed to them in this section, unless
otherwise apparent from the context.
(a) "City Administrator" shall mean the City Administrator
of the City of Morro Bay.
(b) "Chief" shall mean the Chief of Police of the City
of Morro Bay.
(c) "Reserve" shall mean the Morro Bay Police Reserve.
(d) "Member" shall mean member of the Morro Bay Police
Reserve.
(e) "City" shall mean the City of Morro Bay.
21302. Establishment
The Morro Bay Police Reserve is hereby established. Said
Reserve shall consist of such number of persons as the City Council
shall from time to time determine may be necessary.
21303 Membership - Physical Requirements
Membership in the Reserve is open to both men and women in
good health who are between twenty -one and forty -five years of age,
at entry. The men are to be at least five feet nine inches in
height and not more than six feet six inches, with weight pro-
portional to their height. The weight of the women is to be in
proportion to their height. Both the men and women are to have
normal hearing; at least 20/30 vision in each eye; and not be
color blind.
•
ORDINANCE NO. 86
Page Two
21304 Qualifications for Membership
The Chief shall, by rule, prescribe the qualifications and
standards by which applicants for membership in said Reserve shall
be governed and persons possessing said qualifications and conforming
to said standards may be appointed to said Reserve by the City
Administrator on the recommendation of the Chief. Said standards
shall be approved by the City Administrator.
21305 Membership Generally - Application, Investigation of
Applicant, Oath
No person is to be appointed a member of the Reserve until his
application for membership has been thoroughly investigated and until
he or she is able to meet all of the personal requirements set
forth in this ordinance and as established in Standards for Appoint-
ment to Police Reserve. When so qualified and appointed, the
applicant shall then be sworn in by the Chief as a member of the
Police Reserve.
21306 Membership - Probationary Period - Termination of Membership
Any person appointed a member of the Reserve shall serve on a
probationary status for a period of one year. During this period
of time the membership of such person may be terminated by the
City Administrator upon the recommendation of the Chief without
the necessity of assigning any reason therefor.
After completion of the probationary term, the membership of
any person in the Reserve may be terminated for cause by the City
Administrator upon the recommendation of the Chief.
Any member may resign from the Reserve at any time upon
written notification to the Chief of such resignation.
21307 Purpose of Reserve
The purpose of the Reserve is to have a trained body of police
reservists available to assist the regular members of the Police
Department of the City, at such time as may be determined by the
Chief or the Acting Chief.
21308 Duties of Reserve
Members of the Reserve shall, subject to approval by the City
Administrator, perform only such public service as may be specifically
ordered by the Chief. Each member of the Reserve shall at all times
be under the direction, supervision, and control of the Chief and
shall assist the regular members of the Police Department in the
enforcement of law, preservation of public safety, maintenance of
peace, plus performing all assigned duties in the event of war,
riot, insurrection, or other general common peril or disaster.
It shall be unlawful for any person willfully to resist, delay,
or obstruct any member of Reserve in the discharge or the attempt
to discharge the duties of such office.
• •
ORDINANCE NO. 86
Page Three
21309 Carrying Firearms
No member of the Reserve shall carry any firearm until he
has qualified for and has actually received a written certificate
of such qualification from the Chief. Such qualified member may
carry firearms only in such a manner and at such time as may be
prescribed by the Chief.
21310 Powers of Members
While on duty, in the enforcement of the penal laws or
ordinances of the State or ordinances of the City and in the
performance of such other duties as may be designated by the Chief,
or this ordinance, every duly authorized member of the Reserve
shall be deemed to be an employee of the City and to have all
the powers of a peace officer, and they shall possess the rating
of a first year patrolman.
21311 Benefit for Members
Members suffering injury arising out of and in the course of
duties assigned to them by the Chief, are entitled to such medical
care, hospitalization, and other benefits as the City of Morro Bay
may, by resolution, provide, and to such benefits as said members
shall be entitled under the Workmen's Compensation Law of the State
of California.
21312 Uniforms
The uniform, badge, and equipment to be worn and carried by
the members shall be prescribed by the Chief with the approval of
the City Administrator.
21313 False Use of Equipment
It shall be unlawful for any person falsely to impersonate or
represent himself to be a member of the Reserve, or to wear, use,
or possess a badge, other insignia, or uniform of the color, type,
or design used by the Reserve when he is in fact not such a member.
21314 Compensation of Members
Members shall receive such compensation from the City for
services rendered as may from time to time be prescribed by the
City Council.
SECTION 2. This ordinance shall take effect thirty days after
the date of its adoption, and prior to the expiration of fifteen
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 shall thereafter be in full force and effect.
ORDINANCE NO. 86
Page Four
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
September, 1970 by the following roll call vote:
AYES: Councilmen Donohoo, Keiser, McConaghay, Walters, and Mayor
Mitchell
NOES: None
ABSENT: None
ATTEST:
M. J.a C.tY
�? t clerk
DALE C. MITCHEL , yor
• •
ORDINANCE NO. 85
AN ORDINANCE ADDING CHAPTER VIII TO TITLE XI
OF THE MORRO BAY MUNICIPAL CODE MAKING THE
CITY OF MORRO BAY A BIRD SANCTUARY
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the City of Morro Bay and the surrounding area have
become known throughout the nation as a wild bird sanctuary of
extreme importance; and
WHEREAS, the protection of these wild birds is important to
the residents of, and the visitors to, the City of Morro Bay:
NOW, THEREFORE, the City Council of the City of Morro Bay
does ordain as follows:
SECTION 1: Chapter VIII to Title XI of the Morro Bay Muni-
cipal Code entitled "Bird Sanctuary" is hereby created as follows:
CHAPTER VIII
BIRD SANCTUARY
11801. Morro Bay a Bird Sanctuary. The City of Morro Bay is
hereby designated a Bird Sanctuary and signs bearing the legend
"Morro Bay is a Bird Sanctuary" shall be placed at appropriate
locations at or near the city limits at principal entrances to
the city.
11802. Molesting Birds and Bird Eggs Prohibited. No person
shall shoot 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 shall determine 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.
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 shall thereafter be in full force and
effect.
• •
ORDINANCE NO. 85
Page Two
Passed and adopted by the City Council of the City of Morro
Bay at a meeting of said City Council held this 14th day of
July , 1970, by the following roll call vote:
AYES: Councilmen Keiser, McConaghay, Walters, and Mayor Mitchell
NOES: Councilman Donohoo
ABSENT: None
ATTEST:
M. . L 'TE, City Clerk
DALE C. MITCHELL, Mayor
• •
ORDINANCE NO. 84
AN ORDINANCE REPEALING CHAPTER I OF TITLE XI
OF THE MORRO BAY MUNICIPAL. CODE
ENTITLED "ANIMAL REGULATIONS"
AND CREATING A NEW CHAPTER I OF TITLE XI
ENTITLED "ANIMAL REGULATIONS"
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 I to Title XI is hereby created as follows:
CHAPTER I - ANIMAL REGULATIONS
Article 1 - General
11101.1 Establishment of a Public Pound
A Public Pound is hereby authorized and established and the
same, and any branches thereof, shall be located and established
at such place as shall be fixed from time to time by the City
Council. Such Public Pound, or any authorized branches thereof,
shall provide suitable buildings and enclosures to adequately
keep and safely hold all such dogs, cats, animals, poultry, or
household pets subject to be impounded by the provisions of this
ordinance.
11101.2 Appointment of Poundmaster
The office of City Poundmaster is hereby created. He shall
be appointed by and serve at the pleasure of the City Council. It
shall be the duty of the Poundmaster and his duly authorized deputies
and employees to carry out the provisions of this ordinance and
all applicable statutes of the State of California and he shall
thereupon have charge of the said Public Pound hereby authorized
and established. The Poundmaster shall serve for such period of
time and shall receive such compensation as shall be established
by the City Council. The Poundmaster and his deputies shall
qualify as humane officers pursuant to California Civil Code,
Section 607 (f).
11101.3 Authority as Peace Officers
The Poundmaster and his duly authorized deputies shall have
the power to issue citations for any violation of this ordinance.
11101.4 Badges
The Poundmaster and his duly authorized and appointed deputies
while engaged in the execution of their duties, shall each wear
in plain view a badge having, in the case of the Poundmaster, the
word " Poundmaster" and in the case of the Deputy Poundmaster, the
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ORDINANCE NO. 84
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words, "Deputy Poundmaster", engraved thereon. Any person who
has not been appointed as provided hereinabove, or whose appoint-
ment has been revoked, who shall represent himself to be or shall
attempt to act as such Deputy Poundmaster shall be guilty of a
misdemeanor.
11101.5 Record of Poundmaster
The Poundmaster shall keep a record of the number, description,
and disposition of all dogs, cats, animals, poultry, and household
pets impounded, showing in detail in the case of each, the date of
receipt, the date and manner of disposal, the name of the person
reclaiming, redeeming, or receiving such dogs, cats, animals,
poultry, and household pets, the reason for destruction, and such
additional records as the City Council may from time to time feel
necessary.
11101.6 Poundmaster - Reports
The Poundmaster shall make a monthly report to the City Council,
or as often as may be required by the city, of the actions, trans-
actions, and operations of the Public Pound.
11101.7 Unnecessary Noise
No person shall keep, maintain, or permit on any lot or parcel
of land, any dogs, cats, animals, poultry, or household pets, which
by any sound or cry shall disturb the peace and comfort of any
neighborhood.
11101.8 Abatement of Noise or Nuisance
Whenever it shall be affirmed in writing by three (3) or more
persons, living in separate dwelling units in the neighborhood
that any dog, cat, animal, poultry, or household pet is a habitual
nuisance by reason of howling, barking, or other noise, or is in
any other manner causing undue annoyance that shall constitute a
public nuisance, and the Poundmaster, if he finds such public
nuisance to exist, shall serve notice upon the owner or custodian
that such public nuisance shall be abated or the animal shall be
impounded in a legal manner. If such nuisance and annoyance cannot
be successfully abated and the Poundmaster determines it necessary
to impound such dog, cat, animal, poultry, or household pet, he
shall not permit the reclaiming or redemption of such to the owner
or custodian unless adequate arrangements have been made by the
owner or custodian to ensure abatement of the annoyance or public
nuisance.
11101.9 Owners Responsibility to Dispose of Dead Animals, Dogs,
Cats, Poultry, and Household Pets
It shall be unlawful for any owner or person who, having had
the possession or control of any animal, dog, cat, poultry, and
household pet while alive, to place the body of such animal, dog,
cat, poultry, and household pet, after its death, or cause to
ORDINANCE NO. 84
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•
permit it to be placed or to knowingly allow or permit the same to
remain, in or upon any public road, highway, street, alley, square,
park, school ground,or other public place or in or upon any lot,
premises, or property of another.
11101.10 Disposition of Dead Animals, Dogs, Cats, Poultry, and
Household Pets Upon Request
It shall be the duty of the Poundmaster upon the request of
any owner of any dead animal, dog, cat, poultry, or household pet
which was kept or maintained in the city immediately prior to its
death, or upon the request of any person or persons discovering a
dead animal, dog, cat, poultry, or household pet upon his premises
or upon any public road, highway, street, alley, square, park,
school ground, or other public place, or in or upon any lot or
premises, to forthwith bury or dispose of the same in such manner
as may be prescribed by the Health Officer. The Poundmaster may
charge and collect fees for the transportation and disposal of
such animal, dog, cat, poultry, or household pet from the owner
or person having had the possession or control of such if same
can be ascertained.
11101.11 Definitions
(a) Animals
Whenever the word "animals" is used herein it includes
horses, ponies, mules, jacks, jennies, cows, bulls,
calves, heifers, sheep, goats, swine, rabbits, and all
other domestic or domesticated animals other than
household pets.
(b) Poultry
Whenever the term "poultry" is used it includes pigeons,
ducks, geese, turkeys, chickens, and all other domestic
or domesticated fowl other than household pets.
(c) Household pets
Whenever the term "household pets" is referred to
herein it includes cats, dogs, canaries, parrots, and
other kindred animals and birds usually and ordinarily
kept as household pets.
(d) Dog kennel
A "dog kennel" is hereby defined to be any lot, building,
structure, enclosure, or premises whereon or wherein
four (4) or more dogs, four (4) months of age or older,
are kept or maintained for any purpose whatsoever
except dogs kept for the purposes of herding livestock
or hunting; provided, however, that if other animals
or birds or fowl are bought, sold, or bartered, the
classification to apply shall be that of a pet shop;
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ORDINANCE NO. 84
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and provided, further, that this definition of "dog
kennel" shall not be construed as applying to a duly
licensed veterinary hospital or any public pound.
(e) Pet Shop
A "pet shop" is hereby defined to be any lot, building,
structure, enclosure, or premises whereon or wherein
is carried on a business of buying and selling or
bartering birds, animals, or fowl; but this definition
shall not be construed as applying to the buying or
selling of livestock, nor to the business or activities
of a duly licensed veterinary hospital, nor to the
business or activities of any public pound.
11101.12 Dog Kennels, Pet Shops; Regulations
It shall be unlawful for any person, firm, corporation, or
association to erect, establish, or maintain any dog kennel or pet
shop, as defined in this ordinance without first obtaining a permit
from the License Collector.
The granting of such permit shall be in the discretion of the
Health Officer who shall take into consideration the type of
construction to be employed as it relates to sanitation and manner
in which the animals, birds, or fowl are to be housed, as well as
the character of the person, firm, corporation, or association
making application and such zoning regulations as may now be in
effect or adopted from time to time. Upon approval of the Health
Officer, the License Collector, upon the payment of an annual
license fee of Eight Dollars ($8.00) for the privilege of main-
taining such dog kennels'or pet shops, shall issue to the applicant
a license in such form as he may prescribe. Such annual license
shall be for the calendar year or any part thereof during which
said dog kennel or pet slop shall be maintained, and shall be due
and payable in advance on the 1st day of January of each year,
and shall expire on the 31st day of December of such year, provided
the above mentioned permit has not been revoked. Every person,
firm, or corporation maintaining a dog kennel or pet shop shall
post a notice in a conspicuous place where it may be seen outside
the locked premises, a notice listing names, addresses, and telephone
numbers of persons who may be contacted in the event of an emergency.
11101.13 Dog Kennel, Pet Shop - Permit, Revocation Thereof
The permit for the maintenance and operation of a dog kennel
or pet shop may be revoked at any time for cause when, in the
opinion of the Health Officer, such dog kennel or pet shop is not
being properly maintained or operated.
11101.14 Duty of General Public
It shall be unlawful for any person to resist, hinder, or
obstruct the Poundmaster or any of his deputies or employees in
the exercise of the duties as such Poundmaster. Any person who
violates any of the provisions hereof declared to be unlawful,
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ORDINANCE NO. 84
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shall be guilty of a misdemeanor.
11101.15 Limitations
(a) Poultry and Rabbits
No person shall keep upon any premises in the city any
poultry or rabbits:
(1) Within fifty feet (50') of any dwelling, or
(2) If more then twelve (12) in all of any such
rabbits or poultry are kept, within seventy -five
feet (75') of any dwelling.
No person shall keep upon any premises in the city more than
twelve (12) such rabbits or poultry, except by special permit of
the Council first had and obtained, or keep any rooster of crowing
age within one hundred feet (100') of any dwelling. This provision
limiting the maximum number of rabbits or poultry shall not be
retroactive or effective as to rabbit or poultry ranches or
processing plants actually in operation on the effective date of
this ordinance.
The owners or persons in charge of such rabbits or poultry
kept in the city shall provide suitable houses or cotes with board
or cement floors in each and every house and cote and said houses,
cotes, or pens shall at all times be kept clean.
(b) Swine, Hogs, Pigs
No person shall keep upon any premises in the city any
swine, hog, or pig, whatsoever.
(c) Other Animals
No person shall keep upon any premises in the city any
other animals as defined in this ordinance:
(1) On any lot containing less than 20,000 square
feet, or
(2) In any corral, barn, or other enclosure within
seventy -five feet (75') of any dwelling.
No person shall tie, stake, or pasture, or permit the tying,
staking, or pasturing, of any animal upon any private property
in the city without consent of the owner or occupant of such
property or in such a way as to permit any such animal to trespass
upon any street or public place or upon any such private property.
No person shall permit any such animal to be or remain during
the night time secured by a stake or secured in any manner other
than by enclosing such animal in a pen, corral, or barn sufficient
and adequate to restrain such animal. All such animals shall be
provided with adequate food, water, and shelter or protection
from the weather.
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ORDINANCE NO. 84
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All fences or enclosures used for the above purposes must be
of such material and maintained in such manner as humane for the
safety and protection of such animals.
Article 2 - Dogs
11102.1 Stray Dogs Defined
A stray dog shall be any dog licensed or unlicensed, which
is in or on any public road, highway, street, alley, square, park,
school ground, or other public place, or in or upon any lot,
premises, or property of another when not accompanied in the near
vicinity by the person owning, having interest in, harboring, or
having charge, care, control, custody, or possession of such dog.
Any stray dog shall be immediately seized and impounded by the
Poundmaster.
11102.2 Leash Law - Violation
It is unlawful for any person to suffer or permit any dog
owned, harbored, or controlled by him to be on any public street,
alley, lane, park, or place of whatever nature open to and used
by the public in the incorporated area of the city unless such
dog is securely leashed and the leash is held continuously in
the hand of a responsible person capable of controlling such dog,
or unless the dog is securely confined in a vehicle, or unless
the dog is at "heel" beside a competent person and obedient to
that person's command.
Any violation of this section shall be a misdemeanor, punishable
as provided in this ordinance.
11102.3 Duty of Poundmaster to Patrol and Enforce Regulations
It shall be the duty of the Poundmaster to patrol the
incorporated area of the city from time to time and without notice
to the public for the purpose of enforcing the provisions of this
ordinance.
11102.4 Duty of Poundmaster to Seize and Impound Stray Dogs
It shall be the duty of the Poundmaster to seize and impound,
in a lawful manner and subject to the provisions of this ordinance,
all stray dogs and all unlicensed dogs found within the incor-
porated area of the City of Morro Bay.
11102.5 Dogs Running at Large
Any dog found trespassing on any private property in the
City of Morro Bay may be taken up by the owner or possessor of
said property and delivered to the Poundmaster or detained on
the property until picked up by the Poundmaster.
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11102.6 Delivery to Poundmaster by Private Persons
Every person taking up any dog under the provisions of this
ordinance and every person finding any lost, strayed, or stolen dog
shall, within twenty -four (24) hours thereafter, give notice thereof
to the Poundmaster and every such person in whose custody such dog
may, in the meantime be placed, shall surrender such animal to the
Poundmaster without fee or charge and the Poundmaster shall there-
upon hold and dispose of such dog in the same manner as though such
dog had been found running at large and impounded by him.
11102.7 Notice of Impounding Dog
As soon as possible, but not later than twenty -four (24) hours
AFTER impounding ANY dog properly registered under the provisions
of this ordinance, the Poundmaster shall notify the registered
owner or person having control of the dog by telephone, mail, or
orally that such dog is impounded and that it can be redeemed within
three (3) days from the date of such impounding and unless redeemed,
the dog will be disposed of in any manner as provided by this
ordinance.
11102.8 Redemption of Impounded Dogs
The Poundmaster shall securely keep any dog impounded for a
period of three (3) days unless the same be sooner reclaimed or
redeemed by the owner or person having control thereof. The owner
or person entitled to the custody of the dog so impounded may,
at any time before the sale or other disposition thereof, during
the office hours of the Pound, reclaim or redeem the same by
exhibiting to the Poundmaster the license certificate or license
tag showing that the license for such dog for the then current
year has been:paid and by paying the Poundmaster any charges
provided for.
11102.9 Redemption Fees
The owner or person entitled to the custody of a dog impounded
shall pay the following fees, effective July 1, 1970, to the Pound -
master before such dog is released:
(a) Registration or license fee for then current year unless
such fee has been previously paid and evidence of paid
fee adequately exhibited.
(b) Impound fee of $5.00 for the first occasion of any dog
impounded within a calendar year.
(c) Impound fee of $10.00 for each subsequent occasion
of any dog impounded within a calendar year.
11102.10 Sale, Gift, or Destruction of Dogs
At any time after the expiration of said period of three (3)
days, the Poundmaster may, without further notice, and without
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ORDINANCE NO. 84
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advertising in any manner, sell, give away, or dispose of in a
humane way any dog not reclaimed or redeemed as aforesaid. Provided,
however, the Poundmaster may not sell, give away, or transfer
title to any dog or any other animal to any institution engaged
in the diagnosis or treatment of human or animal disease, or in
research for the advancement of veterinary, dental, medical, or
biologic sciences, or in the testing or diagnosis, improvement,
or standardization of laboratory specimens, biologic products,
pharmeceuticals, or drugs.
11102.11 Injured and Diseased Dogs
Every dog taken into custody by the Poundmaster which by
reason of injury, disease, or other good cause as determined by a
licensed veterinarian as dangerous or inhumane to keep impounded,
shall be forthwith destroyed by the Poundmaster in a humane manner
unless the owner or person entitled to the custody of the dog can
be notified by the Poundmaster within a reasonable period of time
to arrange and provide for medical care. The Poundmaster shall
release such dog to its owner or person having control thereof
upon payment of the redemption fees and other charges as provided
in this ordinance. However, if the licensed veterinarian deter-
mines that such dog is diseased and by reason of such disease is
dangerous to persons or to other animals, or to the general health
and welfare of the city, the Poundmaster shall destroy said dog.
11102.12 Care of Dog While Impounded
The Poundmaster shall provide all dogs in his custody with
proper food and water, and shall give them all necessary care and
attention. The Poundmaster may establish fees not to exceed One
Dollar ($1.00) per day to reflect the costs incurred for the care
of such dogs and may charge these fees at the time an impounded
dog is redeemed by its owner or person having custody or may
charge these fees at such time an unclaimed dog is sold.
11102.13 Vicious and Dangerous Dogs
If any dog within the City of Morro Bay is determined by the
County Health Officer to be vicious or dangerous to the safety of
any person or persons, or if any such dog is known to have bitten
any person or persons on at least three (3) separate occasions,
the County Health Officer shall notify the owner or person having
control of such dog to keep said dog in such manner as the Health
Officer shall direct. If it is determined by the County Health
Officer that such dog cannot be properly controlled by the owner
or person having custody and no further arrangements can be made
to ensure public safety, then the County Health Officer shall
direct the Poundmaster to destroy such dog in a humane manner.
It shall be the duty of the owner or person having control of such
dog to surrender such dog to the Poundmaster.
11102.14 Impounding of Biting Dogs
Upon written notice by the County Health Officer, the owner
or person having the control of any dog which has, within the
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ORDINANCE NO. 84
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preceding ten (10) days, bitten any person or animal shall, upon
demand, and in the discretion of the County Health Officer, follow
one of the following procedures: He shall either
(a) Confine such dog to his own premises; or
(b) Surrender such dog to the Poundmaster who shall impound
and keep such dog at the Public Pound in a separate
kennel for a period of not less than ten (10) days; or
(c) Surrender such dog to a licensed veterinarian as
designated by the County Health Officer; or
(d) Surrender the dog to the Poundmaster for quarantine at
any other location or facility designated and approved
by the County Health Officer. If the dog is quarantined
on the premises of the owner, the Poundmaster may post
a quarantine sign on such premises, and it shall be
unlawful for any person to remove the sign during the
term of such quarantine without the consent of the County
Health Officer. Any quarantine provided in this section
shall be for a term of not less than ten (10) days unless
otherwise specified by the County Health Officer. During
the said period it shall be the duty of the County Health
Officer, upon being notified by the Poundmaster that
such dog has been impounded, to determine whether or not
such dog is suffering from any disease. If a duly
licensed veterinarian designated by the County Health
Officer shall determine that such dog is diseased and
by reason of such disease is dangerous to persons or to
other animals, he shall so notify the Poundmaster in
writing, to destroy such dog. A copy of said notice
may also be served upon the owner or person having
control of such dog. If said veterinarian shall deter-
mine that such dog is not so diseased, the Poundmaster
shall notify the person owning or having control of
such dog at the address from which the dog was surrendered
to the Poundmaster and shall, upon demand, release such
dog to the owner or person lawfully entitled thereto,
upon payment of any charges provided therefore, including
expenses of quarantine and veterinary care; provided,
however,that if no person lawfully entitled to such
dog shall within three (3) days after the date of giving
said last mentioned notice, appear at the Public Pound
and request the release of such dog, and pay said
charges, such dog may be sold or destroyed by the Pound -
master in the same manner hereinbefore provided.
11102.15 Symptoms of Rabies
Whenever the owner or person having the custody or possession
of an animal shall observe or learn that such animal shows symptoms
of rabies, or acts in a manner which would lead to a reasonable
suspicion that it may have rabies, such owner or person having the
custody or possession of such animal shall immediately notify the
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ORDINANCE NO. 84
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County Health Officer. The County Health Officer shall make or
cause an inspection or examination of such animal to be made by
a licensed veterinarian until the existence or non - existence of
rabies in such animal is established by such veterinarian. Such
animal shall be kept isolated in a pound, veterinary hospital,
or other adequate facility in a manner approved by the County Health
Officer and shall not be killed or released for at least ten (10)
days after the onset of symptoms suggestive of rabies, after which
time such animal may be released by the County Health Officer,
provided the County Health Officer has first determined that said
animal does not have rabies. If the County Health Officer deter-
mines that the animal does have rabies, the Poundmaster shall
destroy said animal at the direction of the County Health Officer.
The County Health Officer, or his duly authorized represen-
tative, is hereby authorized and empowered to enter in a manner
authorized by law upon private property where any dog or other
animal is kept, or believed by him to be kept, for the purpose of
ascertaining whether such dog or other animal is afflicted or
infected with rabies or other contagious disease.
11102.16 Dog Registration and Licenses
Except as provided in Section 11102.25 hereof, it shall be
unlawful to own, keep, or control any dog unless and except a
license has been procured therefor as herein provided. This
section shall have no application to dogs under the age of four
(4) months fastened securely by a rope, chain, or leash, or
confined within the private property of the owner or person having
control of said dog.
Any violation of this section shall be a misdemeanor, punishable
as provided in this ordinance.
11102.17 Dogs - Vaccination Required
It shall be unlawful for any person owning, harboring, or
having the care, custody, or possession of any dog to keep or
maintain such dog in any place in the corporate limits of the City
of Morro Bay unless such dog has been vaccinated as provided
herein or except as provided in Section 11102.18. This section
shall have no application to dogs under the age of four (4) months,
who are fastened securely by a rope, chain, or leash, or confined
within the private property of the owner or person having control
of said dog.
11102.18 No Licensing Without Vaccination
The License Collector or Poundmaster shall not license any
dog until it has been vaccinated with canine rabies vaccine by
injection or other method approved by the County Health Officer
during the time prescribed by State Law or the Rules and Regulations
of the State Department of Public Health, unless the owner or person
in possession of the same submits a certificate from a licensed
veterinarian issued within the preceding sixty (60) days, stating
that in his opinion the rabies vaccination would be likely to
seriously injure the dog. Any dog so excepted from rabies
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vaccination shall be restricted to the enclosed yard of the owner
or person in possession of the same except when held upon a rope,
chain, or leash.. Any violation thereof by the owner or person in
possession of such dog shall be. unlawful.
11102.19 Vaccination Performance
Said vaccination shall be performed by a duly qualified and
licensed veterinarian. Said veterinarian vaccinating said dog
shall issue to the owner or person in possession of said dog a
rabies vaccination tag and a certificate of vaccination, which
certificate shall include:
(a) The type of vaccine used;
(b) The date of vaccination;
(c) Description of dog;
(d) Serial number of rabies vaccination tag issued to dog;
(e) Name and address of owner of dog;
(f) Statement that dog is male, female, or spayed female.
A copy of this certificate shall be sent to the County Health
Officer.
11102.20 Registration Record
The License Collector and Poundmaster shall annually maintain
a record in which he shall, upon the application of any person
owning or having the custody of any dog in the corporate limits
of the City of Morro Bay and the payment to him of the registration
fee hereby prescribed, register such dog by entering in the record
its name (if any), its sex and general description, the name of
its owner or custodian, the number of the tag issued therefor, the
date, and the amount received for registration fee.
11102.21 Dog Tags
Upon exhibition of the proper certificate of vaccination and
payment of the license fee, there shall be delivered to the person
making such payment a metal tag with the number and year stamped or
cut thereon, and the words "DOG TAG - CITY OF MORRO BAY" stamped
thereon, which dog tag shall be securely fastened to a collar or
harness which must be worn at all times by the dog for which the
tag was issued. If the dog is exempted from vaccination, the dog
tag shall have a distinguishing mark as evidence of such fact.
Said tag, while attached to a dog's collar or harness, shall be
prima facie evidence that the dog for which the same was issued
has been licensed during the calendar year for which said tag
was issued, and has been vaccinated.
11102.22 Annual Registration of Dogs
On the first day of January of each year, all prior
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ORDINANCE NO. 84
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registrations made under the provisions of this ordinance shall be
cancelled and all tags theretofore issued shall become null and
void and of no effect and all dogs kept or permitted to remain in
the city must be again registered. The new registration fee shall
become due and payable on the 1st day of January of each year.
11102.23 Registration and License Fee
The following fees shall be effective January 1, 1971, provided
that the fees set forth in the preexisting law shall be applicable
until said date:
(a) For registering each male dog and each spayed female
dog or bitch, the License Collector or Poundmaster
shall collect and receive a fee of Three Dollars ($3.00)
and for registering each unaltered female dog or open
bitch, he shall collect and receive a fee of Four Dollars
($4.00).
(b) A penalty of Fifty Cents (50C) per month shall be
added for each month commencing March 1 of each year
for late registration of any dog required to be
registered pursuant to this ordinance.
(c) Registration fees for young puppies must be paid within
two (2) months after said puppies reach the age of four
(4) months or the above penalties shall attach.
(d) Any dog brought within the city after March 1 of each
year shall be registered within thirty (30) days or
said penalties shall attach from the date of entry
into said city, provided that any dog which has a
valid license from any other county or city within
the State of California shall be so registered upon
a fee of One Dollar ($1.00).
(e) All registration fees collected after March 1 of
each year shall include the penalty for late regis-
tration unless the dog owner signs a statement under
penalty of perjury stating the date the puppy became
of age or the date said dog was brought into the city.
(f) At least once a month the City License Collector shall
furnish a record of licenses issued by said License
Collector to the Poundmaster in order that the Pound -
master may maintain a record of all licenses issued
in the city for the current year.
(g) At least once a month the Poundmaster shall furnish a
record of licenses issued by said Poundmaster to the
City License Collector in order that the City License
Collector may maintain a record of all licenses issued
in the city for the current year.
(h) All registration fees, fees for duplicate tags, and
penalties levied that are collected shall be accounted
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for and deposited in the City Treasury.
11102.24 Lost Tag
If the tag issued for any duly registered dog be lost or
accidentally destroyed during the year it is issued, the owner or
custodian of such dog, upon making proof to the satisfaction of the
License Collector or Poundmaster of its loss or destruction, shall,
upon payment of a fee of One Dollar ($1.00), receive for such dog
another tag; whereupon the License Collector or Poundmaster shall
enter the number of the tag so issued on the register and cancel
the tag previously issued for such dog.
11102.25 License Exceptions
The provisions of this ordinance requiring the licensing of
dogs shall not apply to:
(a) Dogs under the age of four (4) months if fastened
securely by a rope, chain, or leash, or confined
within the private property of the owner or person
having control of said dog;
(b) Dogs owned by or in custody or under the control of
persons who are non - residents of the City of Morro
Bay, travelling through said city or temporarily
sojuourning therein for a period not exceeding thirty
(30) days;
(c) Dogs brought into said city exclusively for the
purpose of entering the same in any dog show or
exhibition, and which are actually entered in and
kept at such show or exhibition;
(d) Dogs on sale in duly licensed pet shops or dog kennels;
(e) Dogs under the ownership, custody, and control of the
owner of a dog kennel duly licensed under the provisions
of this ordinance, or his duly authorized employee or
agent when such dogs are removed from such kennel in
the bonafide operation thereof for the purpose of
exercise or training, provided that any such dog bear
an identification tag attached to its collar, which
tag shall set forth the name of the licensed kennel.
A dog bearing such identification tag shall be treated
in all respects as any other dog in the event of its
escape and subsequent impoundment.
11102.26 License Fee Exemptions
(a) All Seeing -Eye dogs and all dogs which have served
with the Armed Forces of the United States of America
during any period of actual hostilities must be
licensed and vaccinated under the provisions of this
ordinance, but their owners shall be exempt from the
license fee as therein imposed, providing adequate
• •
ORDINANCE NO. 84
Page Fourteen
evidence can be furnished at such time the license is
issued;
(b) Dogs used by any governmental agency for the purpose of
law enforcement must be licensed and vaccinated under
the provisions of this ordinance, but their owners
shall be exempt from the license fee as therein imposed,
providing adequate evidence can be furnished at such
time the license is issued;
(c) All dogs being raised and trained specifically for the
purpose to perform as a Seeing -Eye dog must be licensed
and vaccinated under the provisions of this ordinance,
but their owners shall be exempt from the license fee
as therein imposed, providing adequate evidence can be
furnished at such time the license is issued.
11102.27 Failure to Furnish Information
Any person owning or having the care, custody, or control of
any dog in the City of Morro Bay who willfully refuses, fails, or
neglects to furnish to the License Collector, Poundmaster, Health
Officer, or any of their duly qualified and authorized deputies or
employees, the information necessary to properly license such dog,
or who shall resist, hinder, or prevent the Poundmaster, Health
Officer, or any of their duly authorized deputies or employees in
the exercise of their duties, or who fails, neglects, or refuses
to pay the license fee at the time and in the manner herein provided,
or who violates any of the provisions of this section, shall be
guilty of a misdemeanor, punishable as provided in this ordinance.
11102.28 Counterfeiting
No person shall imitate.or counterfeit such registration tags
or rabies vaccination tags.
Article 3 - Cats
11103.1 Impounding and Disposition of Stray or Abandoned Cats
It shall be the duty of the Poundmaster to receive and impound
all cats desired to be abandoned by their owners, or receive and
impound all cats believed to have been abandoned by their owners.
The Poundmaster shall provide proper care and attention, food and
water, for all cats received and impounded and shall keep such
cats for a period of three (3) days unless the same be sooner
reclaimed or redeemed by the owner or person having control thereof.
Such redemption may be made by paying to the Poundmaster any charges
not to exceed One Dollar ($1.00) per day for the care of said cats
as imposed thereon. At any time after the expiration of said
period of three (3) days, the Poundmaster may, without notice and
without advertising in any manner, sell, give away, or dispose of
such cats. Provided, however, the Poundmaster may not sell, give
• •
ORDINANCE NO. 84
Page Fifteen
away, or transfer title to any cats for the purposes as set forth
in Section 11102.10 of this ordinance.
Article 4 - Animals, Poultry, and Household Pets
11104.1 Animals and Poultry at Large
No person shall allow or permit animals or poultry to run at
large upon any public street or place, or to trespass upon the
property of another. This provision shall not be construed as
permitting the running at large of any household pets who are
restricted by the provisions of any other ordinances of this city
or by any law applicable thereto.
11104.2 Unsanitary Conditions
No person shall keep upon any premises, any animals, poultry,
or household pets in a foul, offensive, obnoxious, filthy, or
unsanitary condition.
Any violation of this section shall be a misdemeanor, punishable
as provided in this ordinance.
11104.3 Impounding of Animals and Poultry
All animals and poultry if found running at large upon any
public road, highway, street, alley, square, park, school ground,
or other public place, or in or upon any lot, premises, or property
of another, shall be impounded by the Poundmaster and provided
with proper care and attention, food and water. In all cases,
the provisions of Division 3 of the California Agricultural Code
concerning estray bovine animals, horses, mules, or burros shall
be complied with. The Poundmaster shall keep all animals and
poultry for a period of three (3) days unless the same be sooner
reclaimed or redeemed by the owner or person having control thereof.
Such redemption by•the owner or person having control thereof,
shall be made by signing an affidavit, under panelty of perjury,
declaring ownership, or by exhibiting proof of ownership to the
satisfaction of the Poundmaster and by paying to the Poundmaster
any charges imposed thereon. Upon such redemption being made, the
Poundmaster shall release such animals and poultry provided,
however, that in all cases any actual costs incurred by the Pound -
master for keeping such animals or the sum of One Dollar ($1.00)
per day for the care of poultry must first be paid.
11104.4 Disposition of Impounded Animals and Poultry
At any time after the expiration of said period of three (3)
days, the Poundmaster may, without further notice, and without
advertising in any manner, sell, give away, or dispose of in a
humane manner, any animals or poultry not reclaimed or redeemed
as aforesaid. Provided, however, the Poundmaster may not sell,
give away, or transfer title to any animals or poultry for any
• •
ORDINANCE NO. 84
Page Sixteen
of the purposes as set forth in Section 11102.10 of this ordinance.
Article 5 - Penalties
11105.1 Penalties for Violations
Any person who is convicted of violation of any provision of
Sections 11102.2, 11102.16, 11102.27, or 11104.2 of this
ordinance shall be punishable by a fine not to exceed Five Hundred
Dollars ($500.00), or by imprisonment in the county jail for not to
exceed six (6) months, or by both such fine and imprisonment.
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 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 23rd day of June,
1970, by the following roll call vote:
AYES: Councilmen Donohoo, Keiser, McConaghay, Walters, & Mayor Mitchell
NOES: None
ABSENT: None
ATTEST:
M. . LITT E, City Clerk
DALE C. MITCHELL, Mayor
• •
INDEX TO ANIMAL REGULATIONS ORDINANCE
Article 1 - General' Provisions
Sections Page
11101.1 Establishment of a Public Pound 1
11101.2 Appointment of Poundmaster 1
11101..3 Authority as Peace Officers 1
11101.4 Badges 1
11101.5 Record of Poundmaster 2
11101.6 Poundmaster - Reports 2
11101.7 Unnecessary Noise 2
11101.8 Abatement of Noise or Nuisance 2
11101.9 Owners Responsibility to Dispose of
Dead Animals, Cats, Dogs, Poultry,
and Household Pets 2
11101.10 Disposition of Dead Animals, Dogs,
Cats, Poultry, and Household Pets
Upon Request 3
11101.11 Definitions 3
11101.12 Dog Kennels, Pet Shops - Regulations- - - 4
11101.13 Dog Kennels, Pet Shops - Permit,
Revocation Thereof 4
11101.14 Duty of General Public 4
11101.15 Limitations 5
Article 2 - Dogs
11102.1 Stray Dogs Defined 6
11102.2 Leash Law - Violation 6
11102.3 Duty of Poundmaster to Patrol & Enforce
Regulations 6
11102.4 Duty of Poundmaster to Seize and
Impound Stray Dogs 6
11102.5 Dogs Running at Large 6
11102.6 Delivery to Poundmaster by Private
Persons 7
11102.7 Notice of Impounding Dog 7
11102.8 Redemption of Impounded Dogs 7
11102.9 Redemption Fees 7
11102.10 Sale, Gift, or Destruction of Dogs- - 7
11102.11 Injured and Diseased Dogs 8
11102.12 Care of Dog While Impounded 8
11102.13 Vicious and Dangerous Dogs 8
11102.14 Impounding of Biting Dogs 8
11102.15 Symptoms of Rabies 9
11102.16 Dog Registration and Licenses 10
11102.17 Dogs - Vaccination Required 10
11102.18 No Licensing Without Vaccination 10
11102.19 Vaccination Performances 11
11102.20 Registration Record 11
11102.21 Dog Tags 11
11102.22 Annual Registration of Dogs 11
11102.23 Registration and License Fee 12
11102.24 Lost Tag 13
11102.25 License Exceptions 13
i
Sections
11102.26
11102.27
11102.28
• •
INDEX TO ANIMAL REGULATIONS ORDINANCE
Article 2 - Dogs (Continued)
License Fee Exemptions
Failure to Furnish Information
Counterfeiting
Article 3 - Cats
Page
13
14
14
11103.1 Impounding and Disposition of Stray
or Abandoned Cats 14
Article 4 - Animals, Poultry, and Household Pets
11104.1 Animals, Poultry at Large 15
11104.2 Unsanitary Conditions 15
11104.3 Impounding of Animals and Poultry - - - 15
11104.4 Disposition of Impounded Animals
and Poultry 15
Article 5 - Penalties.
11105.1 Penalties for Violations 16
ii
• •
ORDINANCE NO. 83
AN ORDINANCE APPROVING AND ADOPTING
A BUDGET FOR THE FISCAL YEAR 1970 -71
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, a city is required to make, from time to time, a
variety of expenditures in order to provide day -to -day service for
which it is responsible; and
WHEREAS, the City Council finds and determines that the
efficiency and economy of city government would be substantially
impaired if such expenditures could not be made or such obligations
incurred on a daily basis as the need arises; and
WHEREAS, Section 37208 of the Government Code of the State of
California provides that payment or demands conforming to a budget
approved by ordinance need not be audited by the City Council
prior to payment:
NOW, THEREFORE, the City Council of the City of Morro Bay
does ordain as follows:
SECTION 1. That certain document entitled "Final Budget,
City of Morro Bay, Fiscal Year 1970 -71 ", dated June 9, 1970, is
hereby approved and adopted as the Final Budget for Expenditures
for the City of Morro Bay for the Fiscal Year 1970 -71.
SECTION 2. 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 immediately upon its adoption.
PASSED AND ADOPTED by the City Council of the City of Morro
Bay at the regular meeting thereof held this 9th day of June,
1970 by the following roll call vote:
AYES: Councilmen Donohoo, Keiser, Walters, and Mayor Mitchell
NOES: Councilman McConaghay
ABSENT: None
ATTEST:
M. J iL E, City Clerk
40 77.freh a
DALE C. MITCHELL, Mayor
• •
ORDINANCE NO. 82
AN ORDINANCE CREATING AND ADDING CHAPTER V
TO TITLE VI 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 Chapter V be added to Title VI of the Morro
Bay Municipal Code to read as follows:
CHAPTER V
PREREQUISITES FOR ISSUANCE OF CERTAIN BUSINESS LICENSES
6500. Prerequisite to Issuance of Certain Licenses:
A. The application for a business license must be presented
to the Chief of Police for his findings and recommendations in
relation to the following businesses as a prerequisite to the
issuance of such a license:
1. Carnival
2. Circus or menagerie
3. Money lending or pawn broker
4. Massage parlor
5. Tent show
6. Amusement parlor, penny arcade, or playland
7. Private patrol service
B. The application to carry on any business enumerated above
shall be submitted to the City Council for its action before a
license may be issued. No license shall be issued to carry on any
business at any location where such would be in violation of the
Zoning Ordinance of the City of Morro Bay.
6501. Private Patrol Services
A. Definitions: For the purposes of Chapter V of the Morro
• •
ORDINANCE NO.
Page Two
Bay Municipal Code, the term "private patrol service" shall be
deemed to include any person, firm, association, or corporation
who agrees to furnish or furnishes, a watchman, guard, patrolman,
or other person, in uniform or otherwise, to protect persons or
property or to prevent the theft, unlawful entry or taking, loss,
embezzlement, misappropriation, or concealment of goods, wares,
merchandise, money, bonds, stocks, notes, documents, papers, or
property of any kind; or performs the service of such watchman,
guard, patrolman, or other person, for any of said purposes, for
a consideration or otherwise.
B. Permit required: It shall be unlawful for any person to
engage in the business of conducting, maintaining, or soliciting
business for any private patrol service in the incorporated area
of the City of Morro Bay without first obtaining a permit to do so
from the City Council of the City of Morro Bay and obtaining a
business license as provided by law.
C. Application; investigation: The application for a
business license to conduct or maintain any private patrol service
shall be submitted to the Chief of Police of the City of Morro Bay,
who shall make an investigation concerning the character of the
applicant. Following such investigation, the Chief of Police shall
promptly make a report to the City Council of his investigation
and the City Council may grant or deny the applicant permission to
engage in such business. Such permission shall be granted unless
it shall appear from such investigation that the applicant is not
a person of good moral character or has not a good character in
respect to honesty or integrity, or the Chief of Police shall deter-
mine that the granting of the application would not be in the best
•
ORDINANCE NO.
Page Three
interests of law enforcement in this city.
Applicant shall submit such information as the Chief of Police
may request, such as name, address, organization of the patrol
service, its method of operation, the territory or locations it
proposes to serve „and the names, addresses, personal descriptions,
photographs, and fingerprints of its owners, officers, and employees.
D. Any permit granted as provided in Subsection C hereof
shall be issued upon the following terms and conditions:
1. Every employee engaged by the licensee shall be
investigated in the same manner as the private patrol
service under Subsection C hereof, and must be found
to be of the same good moral character as the licensee.
2. Every person engaged by a patrol service shall
at all times wear an identification card approved by
the Chief of Police on the front of the outer garment
or uniform in such a way as to be conspicuous and
plainly visible. Such card shall name the patrol
service by which he is employed, and contain a photo-
graph, personal description, and right index fingerprint
of the bearer.
3. The holder of the identification card shall
immediately return the same to the issuing authority
whenever his employment as a private patrolman is
terminated. If a private patrolman changes his
employment from one patrol service to another, he
shall report that fact to the Chief of Police and
the name of his new employer shall be endorsed on
his identification card.
• •
ORDINANCE NO.
Page Four
4. The Chief of Police shall prescribe or approve
the style or type of uniform, if any, to be used by
said private patrol service, for the purpose of
maintaining readily apparent distinction from the
uniforms worn by the regularly employed peace
officers in the City of Morro Bay. Any and all
such uniforms shall, however, be slate gray in color.
5. No equipment or motor vehicle shall be used
in any business or activity permitted hereunder
except with the prior approval of the Chief of
Police who shall inspect such equipment or motor
vehicle to insure the maintenance of a readily
apparent distinction from the equipment in motor
vehicles used by authorized law enforcement agencies.
The Chief of Police shall prescribe or approve
the types or character of identification markings or
insignia placed on any motor vehicle used in the
operation of any private patrol service. All
vehicles shall be distinctly marked on the front
doors only with the designation "Private Patrol ", and
all such letters shall be four inches (4 ") in height.
6. Any such permit, including business license
issued pursuant thereto may at any time be revoked
for failure to comply with the provisions of this
Ordinance.
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
• •
ORDINANCE NO.
Page Five
once in a newspaper of general circulation in the City of Morro
Bay and thenceforth and thereafter the same shall be in full force
and effect.
This Ordinance was introduced and read on the 24th day of
March, 1970 and passed and adopted on the 28th day of April
1970 by the following roll call vote:
AYES: Councilmen Donohoo, Giannini, Keiser, McConaghay, and Mayor
Mitchell
NOES: None
ABSENT: None
ATTEST:
M. .t -!t3S' E, City Clerk
DALE C. MITC E L, ayor
e
ORDINANCE NO. 81
e
AN ORDINANCE AMENDING CHAPTER II OF TITLE XI
OF THE MORRO BAY MUNICIPAL CODE ENTITLED
"ABATEMENT OF WEEDS"
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
follows:
SECTION L That Section 11206 of
be amended to read as follows:
Morro Bay does ordain as
the Morro Bay Municipal Code
11206. Annual Notice. Aggrieved Person. Between the first
and fifteenth day of January of each year, the City Clerk shall
cause to be published a notice to the effect that any person
aggrieved by any act or determination of the Fire Chief, or of
the Council, in connection with the current weed abatement program
during the preceding year ending December 31, may file an appeal
with the City Clerk prior to the first Council meeting in February.
The notice shall be published for two (2) successive times in a
newspaper of general circulation printed and published in the
city. Such appeal shall be in writing and shall be filed with
the City Clerk prior to the first Council meeting in February, at
which time the Council shall proceed to hear and pass upon each
and every appeal, and each determination thereupon shall be final
and conclusive. Such hearing may be continued from time to time.
The City Clerk shall carry out any directions of the Council
made upon appeal and he shall cause appropriate corrections and
entries to be made in weed abatement and assessment records to
conform therewith.
SECTION 2. EFFECTIVE DATE. This ordinance shall be effective
thirty (30) days from and after the date of its adoption.
SECTION 3. PUBLICATION. The foregoing ordinance shall,
before the expiration of fifteen (15) days of the passage of same,
be published with the names of the Council members voting for and
against the same once in a newspaper of general circulation printed
and published in the City of Morro Bay, State of California.
This ordinance was introduced and read on the 9th day of
December, 1969 and passed and adopted on the 13th day of January
1970, by the following roll call vote:
AYES: Councilmen Bickford, Giannini, Keiser, and Mayor Pro Tem Donohoo
NOES: None
ABSENT: Mayor Mallery
ATTEST:
M. J ITTL , City Cler
FRED R. DONOHOO, Mayor Pro Tem
• '
ORDINANCE NO.80
AN ORDINANCE CREATING AND ADDING SECTION 8516
TO CHAPTER V, TITLE VIII OF THE MORRO BAY
MUNICIPAL CODE ENTITLED
"MOTOR VEHICLES ON PUBLIC BEACHES"
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 created and added Section
8516 of Chapter V, Title VIII of the Morro Bay Municipal
Code entitled "Motor Vehicles on Public Beaches ".
8516. Motor Vehicles on Public Beaches. No person
shall drive any self - propelled motor vehicle along any
public beach area, as defined herein, at a speed in excess
of fifteen (15) miles per hour. The term "motor vehicle"
includes but is not limited to automobiles, beach buggies,
motorcycles, and trail bikes.
The operation of any unlicensed self - propelled vehicle
along any public beach area in this city is prohibited.
"Public beach area" shall include any public beach
adjacent to the Pacific Ocean or the waters of Morro Bay
and located within the boundaries of the city limits of
the City of Morro Bay; and such public beach includes any
sandy portion of land located between the low water mark
and the high water mark of either the Pacific Ocean or
the waters of Morro Bay.
SECTION 2. EFFECTIVE DATE. This ordinance shall be
effective thirty (30) days from and after the date of its
adoption.
SECTION 3. PUBLICATION. The foregoing ordinance
shall, before the expiration of fifteen (15) days of the
passage of same, be published with the names of the Council
members voting for and against the same once in a newspaper
of general circulation printed and published in the City
of Morro Bay, State of California.
This ordinance was introduced and read on the 9th day
of December, 1969, and passed and adopted on the 13th day
of January , 1970. by the following roll call vote:
AYES: Councilmen Bickford, Giannini, and Mayor Pro Tem Donohoo
NOES: Councilman Keiser
ABSENT: Mayor Mallery
ATTEST:
L T LE, City C erk
FRED R. DONOHOO, Mayor Pro Tem
el •
ORDINANCE NO. 79
AN ORDINANCE CREATING AND ADDING SECTION 8620
TO CHAPTER VI, TITLE VIII OF THE MORRO BAY
MUNICIPAL CODE ENTITLED "LIMITED TIME PARKING"
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 created and added Section
8620 of Chapter VI, Title VIII of the Morro Bay Municipal
Code entitled "Limited Time Parking ".
8620. Limited Time Parking. The City Council may,
from time to time, by resolution of the majority of the
entire Council, designate limited time parking on any
street and on any public property of the City of Morro
Bay.
SECTION 2. Effective Date. This ordinance shall
be effective thirty (30) days from and after the date
of its adoption.
SECTION 3. Publication. The foregoing ordinance
shall, before the expiration of fifteen (15) days of the
passage of same, be published with the names of the
Council members voting for and against the same once
in a newspaper of general circulation printed and
published in the City of Morro Bay, State of California.
This ordinance was introduced and read on the 14th
day of October, 1969 and passed and adopted on the 28th
day of October, 1969 by the following roll call vote:
AYES: Councilmen Bickford, Giannini, Keiser, and Mayor Pro
Tem Donohoo
NOES: None
ABSENT: Mayor Mallery
ATTEST:
M.J. IT LE, City Clerk
64 -6, /f _ ArY9.-
FRED R. DONOHOO, Mayor Pro Tem
• •
ORDINANCE NO. 78
AN ORDINANCE APPROVING AND ADOPTING
A BUDGET FOR THE FISCAL YEAR 1969 -70
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 certain document entitled "Final Budget,
City of Morro Bay, Fiscal Year 1969 -70 ", dated June 10, 1969, is
hereby approved and adopted as the Final Budget for Expenditures
for the City of Morro Bay for the Fiscal Year 1969 -70.
SECTION 2. This Ordinance is being enacted to take effect
immediately in accordance with Section 36937 of the Government
Code of the State of California.
A City is required to make, from time to time, a variety of
expenditures in order to provide day to day service for which
it is responsible. The City Council finds and determines that
the efficiency and economy of City government would be substantially
impaired if such expenditures could not be made or such obligations
incurred on a daily basis as the need arises.
Section 37208 of the Government Code of the State of California
provides that payment or demands conforming to a budget approved
by ordinance need not be audited by the City Council prior to payment.
The City Council hereby determined that this ordinance is
necessary, under Section 36937 of the Government Code, for the
immediate preservation of the public peace, health, or safety, and
that this ordinance shall therefore take effect immediately upon
its adoption.
4
ORDINANCE NO. 78
PAGE TWO
PASSED AND ADOPTED by the City Council of the City of Morro
Bay at the regular meeting of said City Council held this 10th
day of June, 1969, by the following roll call vote:
AYES: Councilmen Bickford, Donohoo, Keiser, and Mayor Mallery
NOES: Councilman Giannini
ABSENT: None
ATTEST:
. LIT , City Clerk
WESLEY E. LERY, Mayor
ORDINANCE NO. 77
AN ORDINANCE AMENDING SECTIONS 5102, 5103.5, 5104.2.1,
5104.2.3, 5104.2.4, 5104.2.5, 5104.2.6, 5104.2.8, 5104.3.7,
5105.2.5, 5105.2.8, 5106.3, 5106.11, and 5106.15 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 5102, Definitions, of the Morro
Bay Zoning Ordinance be amended in the following respects:
(1) The following definition shall be added:
Camp Car. As defined in the California Health and
Safety Code, Section 18002.
(2) The definition "Family" shall be changed to read as
follows:'
Family. One or more persons related by blood or
marriage occupying a premises and living as a single
housekeeping unit, as distinguished from a group
occupying a hotel, club, boarding house, fraternity,
or sorority house; and in addition may include no
more than two (2) unrelated persons.
(3) The definition "Home Occupation" shall be changed to
read as follows:
Home Occupation. An occupation carried on by the
occupant, entirely within a building, as a use clearly
incidental to the residence in connection with which
there is no display, no stock in trade, nor commodities
sold upon the premises and no person employed.
(4) The definition "Junk Yard" shall be changed to read as
follows:
• •
ORDINANCE NO. 77
PAGE TWO
Junk Yard. More than one hundred (100) square feet
of the area of any lot or parcel of land used for the
storage of junk, including but not limited to scrap
metals, salvage or other scrap materials, or for the
dismantling or "wrecking" of automobiles or other
vehicles or machinery, whether for sale or storage.
A single vehicle without a current State license
shall be considered a junk yard. (See ordinance
governing junk yards.)
(5) The definition "Mobile Home" shall be changed to read
as follows:
Mobile Home. As defined in the California Health and
Safety_Code, Section 18001.
(6) The definition "Mobile Home Park" shall be changed to
read as follows:
Mobile Home Park. As defined in the California Health
and Safety Code, Section 18003.
(7) The following definition shall be added:
Recreation Trailer Park. As defined in the California
Health and Safety Code, Section 18006.
(8) The definition "Service Station" shall be changed to
read as follows:
Service Station. Shall mean an occupancy where petroleum
products are offered for retail sale to the public
primarily for the operation of motor vehicles and shall
include the sale and installation of tires, batteries,
and automotive accessories and sundries; the lubrication,
washing, waxing, and polishing of motor vehicles; the
• •
ORDINANCE NO. 77
PAGE THREE
testing, adjustment, and replacement of motor parts
and accessories, and the repair of brakes and tires.
"Service Station" does not include steam cleaning and
mechanical car washing; tire recapping; engine,
differential and transmission rebuilding, repair or
replacement; body and chassis reconditioning, repair
or repainting; tow service; and rental, sale, or
storage of trailers, hand tools, power tools, and other
non - automotive merchandise or equipment.
(9) The definition "Signs" shall be changed to read as
follows:
Signs. Any display or structure as defined in the Morro
Bay Sign Ordinance.
(10) The following definition shall be added:
Trailer Coach. As defined in the California Health and
Safety Code, Section 18007.
(11) The following definition shall be added:
Travel Trailer Park. As defined in the California Health
and Safety Code, Section 18008.
(12) The definition "Travel Trailer" shall be changed to read
as follows:
Travel Trailer. As defined in the California Health and
Safety Code, Section 18007.5.
SECTION 2. That subsection 5103.5 of the Morro Bay Zoning
Ordinance be amended to read as follows:
5103.5. All lands now or hereafter included within the City
of Morro Bay boundaries, which are not designated on the afore-
mentioned zoning map as being included in any district, are and
• •
ORDINANCE NO. 77
PAGE FOUR
shall be designated as "R -A" or single family residential districts.
SECTION 3. That subsection 5104.2.1, "R -A Districts" shall
be changed in the following respect:
"Home Occupations" shall be added to the chart as a use
requiring a Conditional Use Permit.
SECTION 4. That subsection 5104.2.3, "R -2 Districts" shall be
changed in the following respect:
"Home Occupations" shall be added to the chart as a use
requiring a Conditional Use Permit.
SECTION 5. That subsection 5104.2.4, "R -3 Districts ", shall
be changed in the following respect:
"Home Occupations" shall be added to the chart as a use
requiring a Conditional Use Permit.
SECTION 6. That subsection 5104.2.5, "R -4 Districts ", shall
be changed in the following respects:
"Home Occupations" shall be added to the chart as a use
requiring a Conditional Use Permit.
In Column B, "Mobile Home Park, Trailer Court" shall be
changed to read "Mobile Home Park, Travel Trailer Parks ".
SECTION 7. That subsection 5104.2.6, "C -H Districts" shall
be changed in the following respect:
In Column B, "Mobile Home Park, Trailer Court" shall be
changed to read "Mobile Home Park, Travel Trailer Park"
SECTION 8. That subsection 5104.2.8, "C -1 Districts" shall
be changed in the following respects:
"Arts and Artifact Sales" shall be added to the list in
Column B of the chart under "Retail Business Establishments
within a building conducting sales of the following:"
• •
ORDINANCE NO. 77
PAGE FIVE
"Residential uses only when accessory to commercial uses
on the rear one -half of the property or second story" shall
be added to Column B following "Hotels, Motels, Additions
to Residences" as a permitted use subject to securing a
Conditional Use Permit.
SECTION 9. That subsection 5104.3.7, "Reversion ", shall be
changed to read as follows:
5104.3.7. Reversion. Any Use Permit granted in accordance
with the terms of the Planned Unit Development Districts (P -D Zone)
without further action would render plans on file null and void if
not used within one (1) year from date of approval thereof, or
within any longer period of time if so designated by the Planning
Commission. In the event the applicant intends, and the Planning
Commission approves, phased development starting with any portion
of the plans approved, said plans would remain in effect so long
as not more than one (1) year period of time lapses between the
end of one phase and the beginning of the next phase.
Any land hereinafter classified "P -D" after the adoption of
this ordinance, which classification was based upon a Planned Unit
Development submitted at the time of rezoning, said plan shall be
placed on file in the Planning Department and remain in effect for
a period of two (2) years within which time the construction of
the development shall commence. If, after two (2) years from the
date of the zone change, the development has not yet started, the
"P -D" District shall revert to its former classification.
SECTION 10. That subsection 5105.2.5, "Off- Street Parking ",
shall be changed to read as follows:
5105.2.5. Cooperative Parking lots, including but not limited
• •
ORDINANCE NO. 77
PAGE SIX
to shopping centers where all uses are not known at the time of
acceptance of the proposal, shall be calculated on the basis of
two and one -half (2 -1/2) square feet of parking lot space,
including driveways and isles, to one (1) square foot of retail
or customer floor space, plus one (1) space for each two (2)
employees.
Note: Regardless of any other provision of this ordinance
where a legal public entity has been formed for the purpose of
establishing area -wide public off - street parking facilities,
parking requirements for individual businesses may thereafter
be waived upon the adoption of a plan and program for the adequate
provision of said parking facilities in keeping with the demands
of the area. Said public entity would then be responsible for
the construction and establishment of adequate off - street parking
spaces as new uses are established within the area defined for
the public entity. The general standards employed in this section
shall be used as a guideline for the establishment of off - street
parking lots within the area.
SECTION 11. That subsection 5105.8 be changed in the following
respects:
Column 5 "Location to Use" shall be changed to read "600'"
for Mortuary.
Type of Use Column under "Single Residence" shall be changed
to read "Except in S -1 Districts ".
SECTION 12. That the first paragraph of subsection 5106.3
shall be changed to read as follows:
5106.3 A. All of the uses listed in this subsection, and
all matters directly related thereto are declared to be special
•
ORDINANCE NO. 77
PAGE SEVEN
uses possessing characteristics of such unique and special forms
as to make impractical their inclusion in any class of use set
forth in the various districts herein defined, and therefore the
authority for a location of the operation of any of the uses
designated herein shall be subject to the issuance of a special
Use Permit in accordance with the provisions of Article X hereof,
the Planning Commission shall consider the following additional
factors to determine that the characteristics of the listed uses
will not be unreasonably incompatible with the uses permitted in
surrounding areas: (1) damage or nuisance from noise, smoke,
odor, dust, or vibration; (2) hazard from explosion, contamination,
or fire; (3) hazard occasioned by unusual volume or character of
traffic or the congregating of a large number of people or vehicles;
(4) height of structure. The uses referred to herein are as follows:
SECTION 13. That paragraph d.(6) be added to subsection
5106.3 to read as follows:
5106.3 d.(6) Establishments listed hereabove where the use
of property will not exceed one (1) week
occupancy, a Use Permit need not be secured
so long as the applicant first gives written
notice to the City of Morro Bay and deposits
a bond sufficient to guarantee the removal of
all structures, litter, and debris from the
property at the termination of the use. The
amount of bond necessary to guarantee said
clean -up shall be in the amount determined
by the City Administrator.
SECTION 14. That paragraph B be added to subsection 5106.3
to read as follows:
• •
ORDINANCE NO. 77
PAGE EIGHT
B. Where lot lines are bounded on at least one side by a
zone boundary, the uses permitted (and uses permitted subject to
the approval of a Use Permit) on either side of the zone boundary
may be found to be compatible by virtue of the transitional
nature of the property through the issuance of a transitional Use
Permit. Where uses are not permitted on one property and permitted
on an abutting property, those uses may be considered subject to
the issuance of a transitional Use Permit in accordance with the
provisions of Article X hereof. The Planning Commission shall
consider the following additional factors to determine that the
characteristics of the listed uses will not be unreasonably incom-
patible with uses permitted in surrounding areas: (1) damage or
nuisance from noise, smoke, electrical interference, odor, dust,
vibration, or lights; (2) hazard from explosion or fire; (3)
nuisance occasioned by unusual volume or character of traffic
or the congregating of a large number of people or vehicles;
(4) height of structure; (5) the description of a predominent
stable character of use already established, or where terrain,
block shape, or other physical features logically provide clear
separation of use types.
SECTION 15. That subsection 5106.11, paragraphs c, d, and
e be changed to read as follows:
c. Fences, walls, and hedges not exceeding six feet, six
inches (6'6 ") in height may occupy any side or rear
yard area, provided:
(1) That such does not extend into any front yard.
(2) That, in the case of a corner lot, such do not
extend into the side yard required along a side
• •
ORDINANCE NO. 77
PAGE NINE
street or into that portion of the rear yard
abutting such side street which is equal to
the width of the side yard required on said
side street.
d. Fences or structures exceeding six feet, six
inches (6'6 ") in height to enclose commerical
or industrial uses, tennis courts, or similar
areas, when such fences enclose the rear half
of a lot, may be erected subject to the obtaining
of a Use Permit therefor.
e. Fence surrounding swimming pool - Maximum allowable
height, six feet, six inches (6'6 ").
SECTION 16. That the second sentence of subsection 5106.15 be
changed to read as follows:
Unless so attached, an accessory building in an "R" District
shall be located on the rear one -half (1/2) of the lot and at
least five (5) feet from any dwelling building existing or under
construction on the same lot or any adjacent lot.
SECTION 17. 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 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
llth day of
March , 1969, by the following roll call vote:
ORDINANCE NO. 77
PAGE TEN
AYES:
• •
Councilmen Donohoo, Keiser, Mallery, & Mayor Giannini
NOES: None
ABSENT: Councilman Bickford
ATTEST:
M. J,. LITTLE, City Clerk
JOS
PH C. GIANNINI, Mayor
•
ORDINANCE NO. 76
AN ORDINANCE REPEALING TITLE X OF THE MORRO BAY
MUNICIPAL CODE ENTITLED "FIRE PROTECTION AND PREVENTION"
AND ADOPTING A UNIFORM FIRE CODE
AND ADOPTING A NEW TITLE X ENTITLED "FIRE PROTECTION AND
PREVENTION" AND ADOPTING A UNIFORM FIRE 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. Title X of the Morro Bay Municipal Code, entitled
"Fire Protection and Prevention" and adopting a uniform fire code,
adopted on February 23, 1965, is hereby repealed.
SECTION 2. Title X of the Morro Bay Municipal Code, entitled
"Fire Protection and Prevention" and adopting a uniform fire code,
is hereby created as follows:
CHAPTER I
UNIFORM FIRE CODE
10100. Adoption of Uniform Fire Code. There is hereby adopted
by the City Council of the City of Morro Bay, for the purpose of
prescribing regulations governing conditions hazardous to life and
property from fire or explosion, that certain code known as the
Uniform Fire Code recommended by the California Fire Chiefs' Asso-
ciation, being particularly the 1967 edition thereof and the whole
thereof, save and except such portions as are hereinafter deleted,
modified, or amended (by Section 10103 of this ordinance), of which
code not less than three (3) copies have been and now are filed in
the office of 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 ordinance shall take effect, the provisions thereof
shall be controlling within the limits of the City of Morro Bay.
• •
ORDINANCE NO. 76
PAGE TWO
10101. Establishment and Duties of Bureau of Fire Prevention.
(1) The Uniform Fire Code shall be enforced by the Bureau of
Fire Prevention of the Morro Bay Fire Department which is
hereby established and which shall be operated under the
supervision of the Chief of the Fire Department.
(2) The Chief in charge of the Bureau of Fire Prevention shall
be appointed by the Chief of the Fire Department on the
basis of qualification and experience. His appointment
shall continue during good behavior and satisfactory service,
and he shall not be removed from office except for cause.
(3) The Chief of the Fire Department may detail such members
of the Fire Department as inspectors as shall from time to
time be necessary. The Chief of the Fire Department shall
recommend to the City Council the employment of technical
inspectors, who, when such authorization is made, shall be
selected through an examination to determine their fitness
for the position. The examination shall be open to members
and non - members of the Fire Department, and appointments
made after examination shall be for an indefinite term with
removal only for cause.
(4) 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 judge-
ment, shall be desirable.
10102. Definitions.
(1) Wherever the word "Municipality" is used in the Uniform
Fire Code, it shall be held to mean the City of Morro Bay.
• •
ORDINANCE NO. 76
PAGE THREE
(2) Wherever the term "Corporation Counsel" is used in the
Uniform Fire Code, it shall be held to mean the City
Attorney.
(3) Wherever the words "Chief of the Bureau of Fire Prevention"
are used in the Uniform Fire Code, they shall be held to
mean the Fire Marshal.
10103. Amendments made in the Uniform Fire Code. The Uniform
Fire Code is amended and changed in the following respects:
(1) Section 15.201. RESTRICTED LOCATIONS. After "prohibited ",
the following words shall be added: "Except by special
permission by the Chief of the Fire Prevention Bureau and
using the standards of N.F.P.A. No. 30, 1966 edition."
(2) Section 15.212. ABANDONMENT OF TANKS. Section 15.212 shall
be amended to read as follows:
The following procedure shall govern and control abandon-
ment or removal of underground flammable liquid tanks:
a.
b.
c.
d.
Underground flammable liquid tanks are hereby
deemed "out of service" when one of the following
occurs:
1. Whenever the owner or user shall so state.
2. Whenever the dispensing apparatus is dis-
connected.
Underground tanks taken out of service shall be
disposed of in any of the three following manners:
1. Being placed in "temporarily out of service"
condition.
2. Abandoned in place
3. Removed
A permit shall be obtained from the Chief to remove,
abandon, place temporarily out of service, or other-
wise dispose of any flammable or combustible liquid
tank.
Any underground tank which is to be permanently
abandoned shall be removed from the ground and
the hole properly filled. If circumstances warrant,
however, such tank may be abandoned in place in a
manner and with a material approved by the Chief.
ORDINANCE NO. 76
PAGE FOUR
e.
f.
g.
h.
• •
In all cases where tanks are either rendered
"temporarily out of service" or permanently
abandoned, records shall be kept of the size
of the tank, the location, and the date of
abandonment and method used for placing the
tank in a safe condition.
Tanks shall be rendered "temporarily out of
service" in accordance with the following
procedures:
1. "Temporarily" shall mean a period not to
exceed ninety (90) days. It may be
extended at the discretion of the Chief
of the Bureau of Fire Prevention for such
additional ninety (90) day periods as
shall be warranted.
2. Gasoline to the extent of five percent
(5 %) of the tank capacity shall be left
in the tank.
3. The fill line, gauge hatch, and pump
suction shall be capped and secured
against tampering.
4. The vent line shall be left open.
5. As alternates to the above, the tank may
be rendered gas free or filled with water.
Tanks which are to be re- installed for flammable
or combustible liquid service shall comply with
all of the provisions of Division II of Article 15
of this code.
Tanks shall be removed in accordance with the
following procedures which shall be carried out
in the sequence in which they appear herein:
1. Remove all flammable liquid from the tank
and connecting lines.
2. Disconnect the suction, inlet, gauge, and
vent lines.
3. The tank shall be rendered gas free as indicated
by a combustible gas indicator, before removal
from the ground.
4. Cap or plug inlets or outlets and keep them
capped or plugged during the transportation
and storage of the tank.
5. If the tank is to be disposed of as junk, it
should be re- tested for explosive vapors, and
ORDINANCE NO. 76
PAGE FIVE
• •
if necessary, rendered gas free. After
junking and before releasing to a junk
dealer, a sufficient number of holes shall
be made in the tank to render it unfit for
further use.
(3) Section 2722. HOURS OF BURNING. Section 2722, subsection
(a) shall be changed to read as follows:
a. All burning shall take place between the hours of
6:00 a.m. and 6:00 p.m. of any day.
(4) Section 2722. HOURS OF BURNING. Section 2722, subsection
(c) shall be changed to read as follows:
c. The Fire Department may issue permits for commercial
or industrial burning of combustible waste matter
or the burning of standing vegetation during hours
other than those provided for herein upon finding
that such burning is necessary and that it cannot
be done within the prescribed hours. Such exemption
shall be only for non - continuing uses.
10104. Modifications. The Chief of the Bureau of Fire Prevention
shall have power to modify any of the provisions of the Uniform Fire
Code upon application in writing by the owner or lessee, or his duly
authorized agent, when there are practical difficulties in the way
of carrying out the strict letter of the code, provided that the
spirit of the code shall be observed, public safety secured, and sub-
stantial justice done. The particulars of such modification when
granted or allowed and the decision of the Chief of the Bureau of Fire
Prevention thereon shall be entered upon the records of the depart-
ment and a signed copy shall be furnished the applicant.
10105. Appeals. Whenever the Chief of the Fire Department shall
disapprove an application or refuse to grant a permit applied for, or
when it is claimed that the provisions of the code do not apply or
that the true intent and meaning of the code have been misconstrued
or wrongly interpreted, the applicant may appeal from the decision of
the Chief of the Fire Department to the City Council within thirty (30)
days from the date of the decision appealed.
• •
ORDINANCE NO. 76
PAGE SIX
10106. New Materials, Processes or Occupancies Which May
Require Permits. The Chief of the Fire Department and the Chief of
the Bureau of Fire Prevention shall act as a committee to determine
and specify, after giving affected persons an opportunity to be
heard, any new materials, processes, or occupancies, which shall
require permits, in addition to those now enumerated in said code.
The Chief of the Bureau of Fire Prevention shall post such list
in a conspicuous place in his office, and distribute copies thereof
to interested persons.
10107. Validity. The City Council of the City of Morro Bay
hereby declares that should any section, paragraph, sentence, or
word of this ordinance or of the code hereby adopted be declared
for any reason to be invalid, it is the intent of the City Council
that it would have passed all other portions of this ordinance
independent of the elimination herefrom of any such portion as may
be declared invalid.
CHAPTER II
FIRE ZONES
10200. Fire District. The entire incorporated area of the
City of Morro Bay is hereby declared to be and is hereby established
as a Fire District.
10201. Fire Zones. Areas within said Fire District shall be
known and designated as Fire Zones 1, 2, and 3. Each such fire zone
shall include areas of the City of Morro Bay as illustrated, out-
lined, and designated on that certain map known as "Map No. 1 of
Fire Zones of the City of Morro Bay ", dated January 1, 1969, which is
hereby adopted as the Fire Zone Map of the City of Morro Bay.
• •
ORDINANCE NO. 76
PAGE SEVEN
10202. 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 the Morro Bay Municipal Code.
10203. Annexations. All territory annexed to the City of
Morro Bay shall be assigned to an appropriate fire zone only after
the use and type of occupancy has been assigned to said annexed
territory by the City Planning Commission. The Chief of the Fire
Department and the Building Official shall recommend the assignment
of fire zone classifications for said annexed territory to the
City Council.
10204. Zoning Changes. Whenever the Zoning Ordinance of the
City of Morro Bay is amended to change the zoning of any property
to any of the commercial "C" or industrial "M" districts, then
such property shall thereafter be considered in fire zone 2.
SECTION 3. 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 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 llth day of February,
1969, by the following roll call vote:
AYES: Councilmen Bickford, Donohoo, Keiser, Mallery, & Mayor Giannini
NOES: None
ABSENT: None
ATTEST:
IP
M. LITTLE, City Clerk
J
•
SEPH C. GIANNINI, Mayor
• •
ORDINANCE NO. 75
AN ORDINANCE CREATING AND ADDING SECTION 8515
TO CHAPTER V, TITLE VIII OF THE MORRO BAY
MUNICIPAL CODE ENTITLED "GOLF CARTS"
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 created and added Section
8515 of Chapter V, Title VIII of the Morro Bay Municipal
Code entitled "Golf Carts ".
8515. Golf Carts. It shall be lawful for golf carts
which are exempted from registration in accordance with
Section 4019 of the Vehicle Code of the State of California
to be driven on those streets and highways within the
incorporated limits of the City of Morro Bay which are
within one -half (1/2) mile of the Morro Bay Golf Course.
SECTION 2. Effective Date. This ordinance shall be
effective thirty (30) days from and after the date of its
adoption.
SECTION 3. Publication. The foregoing ordinance shall,
before the expiration of fifteen (15) days of the passage of
same, be published with the names of the Council members
voting for and against the same once in a newspaper of general
circulation printed and published in the City of Morro Bay,
State of California.
This ordinance was introduced and read on the 14th day
of January , 1969, and passed and adopted on the 28th day
of January , 1969, by the following roll call vote:
AYES: Councilmen Bickford, Donohoo, Keiser, and Mayor Giannini
NOES: None
ABSENT: Councilman Mallery
ATTEST:
/ C
v
w,w
JOSEPH C. GIANNINI, Mayor
• •
ORDINANCE NO. 74
AN ORDINANCE AMENDING TITLE VIII
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. There is hereby added Section 8619 to Chapter
VI of Title VIII of the Morro Bay Municipal Code to read as
follows:
8619. Stopping, Standings and Parking Prohibited. No
person shall stop, stand, or park any vehicle on any publicly
owned property where stopping, standing, or parking in any such
area is prohibited or restricted by resolution of the City Council.
The City Council may from time to time by resolution determine
when stopping, standing, or parking of any vehicle on any publicly
owned property is prohibited. The Director of Public Works shall
erect and maintain signs as provided by law in such areas and for
such hours where stopping, standing, or parking of a vehicle are
prohibited or restricted by resolution.
The City of Morro Bay has determined that there is a severe
police problem regarding parking of vehicles overnight on publicly
owned property of this City.
It is therefore necessary, and the City Council hereby deter-
mines that it is necessary, under Section 36937 of the California
Government Code, that this Ordinance take effect immediately upon
its adoption.
PASSED AND ADOPTED by the City Council of the City of Morro
Bay at the meeting of said City Council held this 9th day of
July, 1968, by the following roll call vote:
• •
ORDINANCE NO. 74
PAGE TWO
AYES: Councilmen Bickford, Donohoo, Keiser, Mallery, and Mayor
Giannini
NOES: None
ABSENT: None
ATTEST:
LITTLE, City Clerk
4-4(
t'Cs Ui C. GIANNINI, Mayor
CERTIFICATION
I hereby certify that the foregoing Ordinance was
duly and regularly adopted by the City Council of
the City of Morro Bay at a regular meeting there-
of held on the 9th day of July, 1968.
Dated: _ July 9, 1968
M. / LITTLE, City Clerk
City of Morro Bay, California
• •
ORDINANCE NO. 73
AN ORDINANCE APPROVING AND ADOPTING
A BUDGET FOR THE FISCAL YEAR 1968 -69
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 certain document entitled "Final
Budget, City of Morro Bay, Fiscal Year 1968 -69 ", dated June 25,
1968, is hereby approved and adopted as the Final Budget for
Expenditures for the City of Morro Bay for the Fiscal Year 1968 -69.
SECTION 2. This Ordinance is being enacted to take
effect immediately in accordance with Section 36937 of the
Government Code of the State of California.
A City is required to make, from time to time, a variety
of expenditures in order to provide day to day service for which
it is responsible. The City Council finds and determines that the
efficiency and economy of City government would be substantially
impaired if such expenditures could not be made or such obligations
incurred on a daily basis as the need arises.
Section 37208 of the Government Code of the State of
California provides that payment or demands conforming to a budget
approved by ordinance need not be audited by the City Council prior
to payment.
The City Council hereby determines that this ordinance is
necessary, under Section 36937 of the Government Code, for the immed-
iate preservation of the public peace, health, or safety, and that
this ordinance shall therefore take effect immediately upon its
adoption.
• •
ORDINANCE NO. 73
PAGE TWO
PASSED AND ADOPTED by the City Council of the City of
Morro Bay at the regular meeting of said City Council held this
25th day of June, 1968, by the following roll call vote:
AYES: Councilmen Donohoo, Keiser, Mallery, and Mayor Giannini
NOES: Councilman Bickford
ABSENT: None
ATTEST:
/ g /.
CERTIFICATION
EPH
C. GIANNINI, Mayor
I hereby certify that the foregoing Ordinance was
duly and regularly adopted by the City Council of
the City of Morro Bay at a regular meeting there-
of held on the 25th day of June, 1968.
Dated:
M. J. LITTLE, City Clerk
City of Morro Bay, Calif.
• •
ORDINANCE NO. 72
AN ORDINANCE CREATING CHAPTER VI TO TITLE
IX OF THE MORRO BAY MUNICIPAL CODE ENTITLED
UNDERGROUND UTILITIES ORDINANCE
T H E C I T Y C O U N C I L
City of Morro Bay, California
SECTION 1. Chapter VI to Title IX of the Morro Bay Muni-
cipal Code entitled Underground Utilities Ordinance is hereby
created as follows:
CHAPTER VI
Article 1
General Provisions
9601.1 Purpose. The public necessity, health, welfare and
safety of the people of the City of Morro Bay requires that regula-
tions and procedures be established for the removal of poles, over-
head wire and associated overhead structures, and for the underground
installation of wires and facilities for supplying electric, communi-
cations, cable television, or similar or associated service in
designated districts.
9601.2 Short Title. This ordinance shall be known by the
following short title: "Underground Utilities Ordinance ".
Article 2
Definitions
9602. Definitions. Whenever in this ordinance the words or
phrases hereinafter defined are used, they shall have the respective
meanings assigned to them in this section.
ORDINANCE NO. 72
PAGE TWO
• •
9602.1 "City" shall mean the City of Morro Bay, a municipal
corporation of the State of California, and its officers and employees.
9602.2 "Commission" shall mean the Public Utilities
Commission of the State of California.
9602.3 "Council" shall mean the City Council of City.
9602.4 "City Clerk" shall mean the City Clerk of City.
9602.5 "Director of Public Works" shall mean the Director
of Public Works of City.
9602.6 "Premises" shall mean and include the integral part
of a parcel or lot, including improvements to which electrical service
is provided.
9602.7 "Person" shall mean and include individuals, firms,
corporations, partnerships, and their agents and employees.
9602.8 "Poles and overhead wires and associated overhead
structures" shall mean poles, towers, supports, wires, conductors, guys,
stubs, platforms, crossarms, braces, transformers, insulators, cutouts,
switches, communication circuits, appliances, attachments and appurte-
nances located aboveground within the district and used or useful in
supplying electric, communication, cable television or similar or
associated service.
9602.9 "Utility" shall mean and include all persons or
entities supplying electric, communication, cable television, or
similar or associated service by means of electrical materials or
devices.
9602.10 "Underground Utility District" or "District" shall
mean and include that area in the City within which poles, overhead
wires, and associated overhead structures are prohibited as such area
is designated in a resolution adopted pursuant to provisions of Section
9604.1 of this ordinance.
ORDINANCE NO. 72
PAGE THREE
• •
Article 3
Public Hearing
9603.1 Public Hearing by Council. The Council may, from
time to time, call public hearings to ascertain whether the public
necessity, health, safety or welfare requires the removal of poles
and overhead wires and associated overhead structures within designated
areas of City and the underground installation of wires and facilities
for supplying electric, communication, cable television, or similar or
associated service. 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. The
decision of the Council shall be final and conclusive.
9603.2 Notice of Public Hearing. The City Clerk shall
notify all affected property owners and utilities by mail of the
time and place of the public hearings called by the Council at least
thirty (30) days prior to the date thereof.
Article 4
Council May Designate Underground Utility Districts
by Resolution
9604.1 Resolution Creating Underground Utility District.
If, after any such public hearing, the Council finds that the public
necessity, health, safety or welfare requires such removal and such
underground installation within a designated area, the Council shall,
by resolution, declare such designated area an Underground Utility
District and order such removal and underground installation. Such
resolution shall include a description of the area comprising such
district and shall fix the time within which such removal and under-
• •
ORDINANCE NO. 72
PAGE FOUR
ground installation shall be accomplished within which affected
property owners must be ready to receive underground service. A
reasonable time, to be determined by the City, shall be allowed for
such removal and underground installation having due regard for the
availability of labor, materials, and equipment necessary for such
removal and for the installation of such underground facilities as
may be occasioned thereby.
9604.2 Unlawful Acts. Whenever the Council creates a District
and orders the removal of poles, overhead wires, and associated over-
head structures as provided in Section 9604.1 hereof, it shall be
unlawful for any person or utility to erect, construct, place, keep,
maintain, continue, employ or operate any pole, overhead wire or
associated overhead structure in the District after the date when said
overhead facilities are required to be removed by such resolution,
except as said overhead facilities may be required to furnish service
to an owner or occupant of property prior to,the performance, by such
owner or occupant or the City, of the underground work necessary for
such owner or occupant to continue to receive utility service as pro-
vided in Sections 9606.1 and 9608.1 hereof, and for such reasonable
time required to remove said facilities after said work has been per-
formed, and except as otherwise provided in this ordinance.
9604.3 Exception, Emergency or Unusual Circumstances. Not-
withstanding the provision of this ordinance, overhead facilities may
be installed and maintained for a period, not to exceed ten (10) days,
without authority of the Director of Public Works in order to provide
emergency service. The Director of Public Works may grant special
permission, on such terms as he may deem appropriate, in cases of
emergency or unusual circumstances without discrimination to any person
or utility, to erect, construct, install, maintain, use, or operate
• •
ORDINANCE NO. 72
PAGE FIVE
poles and overhead wires and associated overhead structures, not-
withstanding any other provisions of this ordinance.
9604.4 Other Exceptions. This ordinance and any resolution
adopted pursuant to Section 9604.1 hereof shall, unless otherwise
provided for in such resolution, not apply to the following types of
facilities:
(a) Any municipal facilities such as poles used exclusively
for police and fire alarm boxes, traffic signals, or any similar
municipal equipment installed under the supervision and to the
satisfaction of the Director of Public Works;
(b) Poles or electroliers used exclusively for street
lighting;
(c) Overhead wires (exclusive of supporting structures)
crossing any portion of a District within which overhead wires have
been prohibited, or connecting to buildings on the perimeter of a
District, when such wires originate in an area from which poles and
overhead wires and associated overhead structures are not prohibited;
(d) Overhead wires attached to the exterior surface of a
building by means of a bracket or other fixture and extending from
one location on the building to another location on the same building,
or to an adjacent building, without crossing any public street or alley;
(e) Radio and television antennas and their associated
equipment and supporting structures used by any person or utility for
furnishing communication services;
(f) Equipment appurtenant to underground facilities such as
surface mounted transformers, pedestal mounted terminal boxes, meter
cabinets, amplifiers, boosters, and concealed ducts;
(g) Roles, overhead wires and associated overhead structures
used for the transmission of electric energy at nominal voltages in
1
ORDINANCE NO. 72
PAGE SIX
• •
excess of 34,500 volts; or
(h) Temporary poles, overhead structures and associated
overhead structures used or to be used in conjunction with construction
projects.
9604.5 Notice to Property Owners and Utility Companies.
Within ten (10) days after the effective date of a resolution pursuant
to Section 9604.1 hereof, the City Clerk shall notify all affected
utilities and all persons owning real property within the District
created by said resolution of the adoption thereof. Said City Clerk
shall further notify such affected property owners of the necessity that,
if they or any person occupying such property desire to continue to
receive electric, communication, cable television, or other similar
or associated service, they or such occupant shall provide all necessary
facility changes on their premises so as to receive such service from
the lines of the supplying utility or utilities at a new location,
subject to the provisions of Section 9605.1 and Section 9605.2 hereof.
Notification by said City Clerk shall be made by mailing a
copy of the resolution adopted pursuant to Section 9604.1, together
with a copy of this ordinance, to the affected utilities and to
affected property owners as such are shown on the last equalized
assessment roll of the County of San Luis Obispo.
Article 5
Furnishing and Installing Underground Utilities
9605.1 Installation by Utilities Governed by Public Utilities
Commission. If underground construction is necessary to provide
utility service within a District created by any resolution adopted
pursuant to Section 9604.1 hereof, the supplying utility shall furnish
and install that portion of the conduits, conductors, and associated
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ORDINANCE NO. 72
PAGE SEVEN
equipment required to be furnished by it under its applicable rules,
regulations, and tariffs on file with the Public Utilities Commission.
9605.2 Installation by Utilities Not Governed by the Public
Utilities Commission. All cable television and other utilities not
governed by the rules and regulations of the Public Utilities Commission
shall furnish and install up to the first one hundred (100) feet of
conductor to provide for the underground installation from the main
conductor to a reasonable point of connection on the termination facility
on or within the building or structure being served. The owner or
occupant subscribing for said utility service shall provide for any
necessary trenching, backfilling, or paving required upon his premises
to complete the underground installation.
9605.3 Underground Installations to Conform to Standards.
Underground construction by a utility or any person shall be
accomplished in accordance with established construction standards and
in accordance with the rules and regulations established by the Public
Utilities Commission.
9605.4 Location of Underground Utilities within Public
Streets, Alleys, Easements, or Ways. The utility shall, prior to any
installation of any underground utilities, file plans and specifications
with the City setting forth details of construction, the materials to be
used, and the location of the proposed underground and surface facilities,
to include but not be limited to, conductors, surface mounted trans-
formers, pedestal mounted terminal boxes, meter cabinets, amplifiers,
boosters, or concealed ducts to be located within or upon public streets,
alleys, easements, or ways within the City. Upon approval by the City
of said plans and specifications, an encroachment permit will be issued
by the City for the proposed construction work.
• •
ORDINANCE NO. 72
PAGE EIGHT
9605.5 Joint Use of Trenching. All utilities as defined in
this ordinance shall, whenever practical, utilize a common trench for
the installation of underground utilities to include, but not be
limited to, electric, communication, and cable television facilities.
It shall be the responsibility of the individual utility company
required to install underground utilities to provide for arrangements
to utilize a common trench and set forth this fact on all plans and
specifications to be submitted to City for approval.
Article 6
Responsibility of Property Owners
9606.1 Responsibility of Property Owners. Every owner
or occupant operating, leasing, occupying or renting any premises
within a District shall construct and provide that portion of the
service connection between the facilities referred to in Section
9605.1 and Section 9605.2 and the termination facility on or within
the building or structure being served on said premises all in
accordance with applicable filed rules, regulations, and tariffs
of utilities regulated by the Commission.
9606.2 Discontinuance of Service. In the event any owner
or occupant leasing, operating, occupying or renting a premises
within a District does not comply with the provisions of Section
9606.1 within the time provided for in the resolution enacted pur-
suant to Section 9604.1 hereof, the Director of Public Works shall
post written notice on the property being served and thirty (30) days
thereafter shall have the authority to order the disconnection and
removal of any and all overhead service wires and associated facilities
supplying utility service to said property.
ORDINANCE NO. 72
PAGE NINE
• 1
Article 7
Responsibility of City
9607.1 Responsibility of City. The City shall remove at
its own expense all city -owned equipment from all poles required to
be removed hereunder in ample time to enable the owner or user of
such poles to remove the same within the time specified in the
resolution enacted pursuant to Section 9604.1 hereof.
Article 8
Extension of Time
9608.1 Extension of Time. In the event that any act
required by this ordinance or by a resolution adopted pursuant to
Section 9604.1 hereof cannot be performed within the time provided
on account of shortage of materials, war, restraint by public
authorities, strikes, labor disturbances, civil disobedience or other
circumstances, then the time within which such act will be accomplished
may be extended for a period equivalent to the time of such limitation.
Article 9
Damage and Destruction of Facilities
9609.1 Damage and Destruction of Facilities. Any person
found to be responsible for damage to or destruction of any underground
or surface mounted electric or communication facilities as they now
exist or as they may exist in the future shall be held liable for the
cost of repair to or replacement of said facilities. Cost shall
include charges for all labor, materials, and equipment required for
the repair or replacement of said facilities. Failure to pay said costs
ORDINANCE NO. 72
PAGE TEN
shall subject said person to the penalties set forth in Section
9610.1 of this ordinance and applicable laws of the State of California.
Article 10
Penalty
9610.1 penalty. It shall be unlawful for any person to
violate any provision or to fail to comply with any of the requirements
of this ordinance. Any person violating any provision of this
ordinance or failing to comply with any of its requirements may be
deemed guilty of a misdemeanor and upon conviction thereof shall be
punished by a fine not exceeding Five Hundred Dollars ($500.00) or by
imprisonment not exceeding six (6) months, or by both such fine and
imprisonment. Each such person may be deemed guilty of a separate
offense for each day during any portion of which any violation of any of
the provisions of this ordinance is committed, continued, or permitted
by such person, and shall be punishable therefor as provided for in
this ordinance.
Article 11
Severability
9611.1 Severability. If any section, subsection, sentence,
clause, or phrase of this ordinance is, for any reason, held by a court
of competent jurisdiction to be invalid, such decision shall not affect
the validity of the remaining portions of this ordinance. The Council
hereby declares that it would have passed the ordinance and each section,
subsection, sentence, clause, or phrase thereof, irrespective of the
fact that any one or more sections, subsections, sentences, clauses, or
phrases be declared invalid.
ORDINANCE NO. 72
PAGE ELEVEN
•
SECTION 2. Effective Date. This ordinance shall be
effective thirty (30) days from and after the date of its adoption.
SECTION 3. Publication. The foregoing ordinance shall,
before the expiration of fifteen (15) days of the passage of same, be
published with the names of the Council members voting for and against
the same once in a newspaper of general circulation printed and
published in the City of Morro Bay, State of California.
This ordinance was introduced and read on the 26th day
of March , 1968, and passed and adopted on the 16th day of
April , 1968, by the following roll call vote:
AYES: Councilmen Bickford, Bowen, Mallery, Keiser, and Mayor Surfluh
NOES: None
ABSENT: None
ATTEST:
C. TED WRI.TE, ity Clerk
.'S. SURFLUH Mayor
R
ORDINANCE NO. 71
AN ORDINANCE CREATING CHAPTER VI
TO TITLE XI OF THE MORRO BAY MUNICIPAL CODE
ENTITLED, "VEHICLE ABATEMENT ORDINANCE"
T H E C I T Y C O U N C I L
City of Morro Bay, California
SECTION 1: Chapter VI to Title XI of the Morro Bay Munici-
pal Code entitled, "Vehicle Abatement Ordinance" is hereby created
as follows:
CHAPTER VI
ARTICLE 1
General Provisions
11601.1 Adoption. This ordinance is adopted by the City
Council of the City of Morro Bay under the authority granted by
Section 22660 of the Vehicle Code of the State of California to
remove abandoned, wrecked, dismantled, or inoperative vehicles or
parts thereof as public nuisances.
11601.2 Purpose. The accumulation and storage of abandoned,
wrecked, dismantled, or inoperative vehicles or parts thereof on
private or public property, not including highways, is hereby found
to create a condition tending to reduce the value of private or pub-
lic property, to promote blight and deterioration, to invite
plundering, to create fire hazards, to constitute an attractive
nuisance creating a hazard to the health and safety of minors, to
create a harborage for rodents and insects and to be injurious to
the health, safety and general welfare. Therefore, the presence of
an abandoned, wrecked, dismantled or inoperative vehicle or part
thereof, on private or public property, not including highways,
except as expressly hereinafter permitted, is hereby declared to
constitute a public nuisance which may be abated as such in accordance
with the provisions of this ordinance.
11601.3 Short Title. This ordinance shall be known by the
following short title, "Vehicle Abatement Ordinance ".
ARTICLE 2
Definitions
11602. Definitions. Whenever in this ordinance the words or
phrases hereinafter defined are used, they shall have the respective
meanings assigned to them in this section.
11602.1 "City" shall mean the City of Morro Bay, a municipal
corporation n of the State of California and its officers and employees.
a
ORDINANCE NO. 71
PAGE TWO
11602.2 "City Clerk" shall mean the City Clerk of City.
11602.3 "City Council" shall mean the City Council of City.
11602.4 "Highway" shall mean a way or place of whatever
nature, pub icl ly maintained and open to the use of the public for
purposes of vehicular travel. Highway shall include streets, roads,
and alleys within the City.
11602.5 "Person" shall include any and all natural and
artificial person, including by way of illustration and not limita-
tion, individuals, firms, corporations, partnerships, and their
agents and employees.
11602.6 "Police Chief" shall mean the chief officer of the
Police Department of City.
11602.7 "Private Property" shall mean any parcel, lot or
easement, not including highways, owned by any person other than a
governmental entity.
11602.8 "Public Property" shall mean any parcel, lot or ease-
ment, not including highways owned or held in trust by a governmental
entity.
11602.9 "Vehicle" shall mean a device by which any person or
property may be transported, propelled, moved or drawn upon a highway,
except a device moved by human power or used exclusively upon
stationary rails or tracks.
ARTICLE 3
Exclusions
11603.1 This ordinance shall not apply to: (a) A vehicle
or part thereof which is completely enclosed within a building in a
lawful manner where it is not visible from the street or other pub-
lic or private property; or (b) A vehicle or part thereof which is
stored or parked in a lawful manner on private property in connection
with the business of a licensed dismantler, licensed vehicle dealer,
a licensed junk dealer, or when such storage or parking is necessary
to the operation of a lawfully conducted business or commercial
enterprise.
The term "licensed" whenever used in this ordinance means any
and all licensing requirements of the State of California and the City
from time to time applicable to the stated person or activity.
ARTICLE 4
Administration
11604.1 Other Ordinances, Codes and Statutes to Apply. This
ordinance is not the exclusive regulation of abandoned, wrecked, dis-
mantled or inoperative vehicles within the City. It shall supplement
and be in addition to the other regulatory codes, statutes and ordi-
nances heretofore or hereafter enacted by the City, the State, or any
other legal entity or agency having jurisdiction.
ORDINANCE NO. 71
PAGE THREE
11604.2 Administration and Enforcement. Except as other-
wise provided herein, the provisions of this ordinance shall be
administered and enforced by the Chief of Police. In the enforce-
ment of this ordinance, such officer and his deputies may enter
upon private or public property to examine a vehicle or parts
thereof or obtain information as to the identity of a vehicle and
to remove or cause the removal of a vehicle or part thereof declared
to be a public nuisance pursuant to this ordinance.
11604.3 Contract or Franchise to Remove Vehicles. The City
Council may contract with or grant a franchise to any person to re-
move or cause the removal of a vehicle or part thereof declared to
be a public nuisance pursuant to this ordinance and such person
shall be authorized to enter upon private or public property to cause
such removal.
11604.4 Administration Costs. The City Council shall, from
time to time, determine and fix an amount to be assessed as adminis-
trative costs. Said administrative costs shall be exclusive of the
actual cost of removal of any vehicle or part thereof under the
provisions of this ordinance.
ARTICLE 5
Public Hearings
11605.1 Public Hearing by Council. A public hearing shall
be held by the City Council 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 ordinance shall be heard
before the City Council 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 City Council shall not be limited
by the technical rules of evidence.
11605.2 Notice of Public Hearing. Notice of Public Hearing
shall be mailed at least ten (10) days before the hearing date by
certified mail with a five (5) day return receipt requested to the
owner of the property on which the vehicle is located as shown on
the last equalized assessment roll of the County of San Luis Obispo
and to the last registered and legal owner of record of the vehicle
subject to abatement unless the vehicle is in such condition that
identification is not reasonably available to determine ownership.
If any of the foregoing notices are returned undelivered by the United
•
ORDINANCE NO. 71
PAGE FOUR
States Post Office, the hearing shall be continued to a date not
less than ten (10) days from the date of such return.
11605.3 Notice to California Highway Patrol. Notice of
hearing shall also be given to the California Highway Patrol
identifying the vehicle or part thereof proposed for removal, such
notice to be mailed at least ten (10) days prior to the public
hearing.
11605.4 Rights of Property Owners. The owner of the property
on which the vehicle is located may appear in person at the hearing
or present a written statement in time for consideration at said
hearing and deny responsibility for the presence of the vehicle on
the property, with his reasons for such denial.
ARTICLE 6
Order for Removal or Other Action
11606.1 City Council Action. At the conclusion of the public
hearing, the City Council may impose such conditions and take such
other action as is deemed appropriate under the circumstances to
carry out the purpose of this ordinance. It may delay the time for
removal of the vehicle or part thereof if, in its opinion, the circum-
stances so justify. The City Council 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 pro-
perty as a public nuisance and disposed of as hereinafter provided
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.
11606.2 Property Owner Not Responsible. If it is determined
at the hearing that the vehicle was placed on the land without the
consent of the land owner and that he has not subsequently acquiesced
in its presence, the City Council shall not assess costs of adminis-
tration 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.
ARTICLE 7
Removal and Disposal of Vehicles
11607.1 Removal and Disposal. Five (5) days after adoption
by the Cites y Council 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 junk yard or an automobile dismantler's
ORDINANCE NO. 71
PAGE FIVE
yard. After the vehicle has been removed it shall not thereafter
be reconstructed or made operable.
11607.2 Notice to Department of Motor Vehicles. Within
five (5 days after the date of removal of the vehicle or part
thereof, notice shall be given to the Department of Motor Vehicles
of the State of California identifying the vehicle or part thereof
removed and disposed of. At the same time, there shall be trans-
mitted to said Department of Motor Vehicles any evidence of regis-
tration reasonably available including registration certificates,
certificates of title and license plates.
1.1607.3 Failure to Pay Administrative, Removal and Disposal
Costs. If the administrative costs and cost of removal and disposal
which are charged against the owner of a parcel of land pursuant to
Section 11606.1 are not paid within thirty (30) days of the date of
the order, or the final disposition of an appeal therefrom, such
costs shall be assessed against the parcel of land pursuant to
Section 38773.5 of the Government Code of the State of California and
shall be transmitted to the tax collector for collection.
Said assessment shall have the same priority and be collected
in the same manner and at the same time as other City taxes.
ARTICLE 8
Unlawful Actions Defined
11608.1 Abandonment, Parking, Leaving or Storing of Vehicle.
It shall be unlawful for any person to abandon, park, store or leave,
or permit the abandonment, parking, storing or leaving of any
licensed or unlicensed vehicle or part thereof which is in an abandoned,
wrecked, dismantled or inoperative condition upon any private property
or public property, not including highways, within the City for a
period in excess of three (3) days unless such vehicle or part thereof
is completely enclosed within a building in a lawful manner where it
is not plainly visible from the street or other public or private
property, or unless such vehicle is stored or parked in a lawful
manner on private property in connection with the business of a licensed
dismantler, licensed vehicle dealer or a licensed junkyard.
11608.2 Failure to Remove. It shall be unlawful for any
person tol or refuse to remove an abandoned, wrecked, dismantled
or inoperative vehicle or part thereof or refuse to abate such nui-
sance when ordered to do so in accordance with the abatement pro-
visions of this ordinance or State law where such State law is
applicable.
ARTICLE 9
Penalties
11609.1 Penalty. It shall be unlawful for any person to violate
ORDINANCE NO. 71
PAGE SIX
any provision or to fail to comply with any of the requirements of
this ordinance. Any person violating any provision of this ordinance
or failing to comply with any of its requirements may be deemed
guilty of a misdemeanor and upon conviction thereof shall be punished
by a fine not exceeding Five Hundred Dollars ($500.00) or by im-
prisonment not exceeding six (6) months or by both such fine and
imprisonment. Each such person may be deemed guilty of a separate
offense for each day during any portion of which any violation of any
of the provisions of this ordinance is committed, continued or per-
mitted by such person, and shall be punishable therefor as provided
in this ordinance.
ARTICLE 10
Severability
11610.1 Severability. If any section, subsection, sentence,
clause or phrase of this ordinance is, for any reason, held by a
court of competent jurisdiction to be invalid, such decision shall
not affect the validity of the remaining portions of this ordinance.
The Council hereby declares that it would have passed the ordinance
and each section, subsection, sentence, clause or phrase thereof,
irrespective of the fact that any one or more sections, subsections,
sentences, clauses or phrases be declared invalid.
SECTION 2. Effective Date. This ordinance shall be effective
thirty (30) days from and after the date of its adoption.
SECTION 3. Publication. The foregoing ordinance shall, be-
fore the expiration of fifteen (15) days of the passage of same, be
published with the names of the Council members voting for and
against the same once in a newspaper of general circulation printed
and published in the City of Morro Bay, State of California.
This ordinance was introduced and read on the 13th day of
February, 1968 and passed and adopted on the 27th day of February,
1968, by the following roll call vote:
AYES: Councilmen Bickford, Bowen, Mallery and Mayor Surfluh
NOES: None
ABSENT: Councilman Keiser
ATTEST:
` C 'LL 2 .(LLB Y_
C. TED WHITE, Ci y Clerk
S. SURFj74UH, Mayor
I
• •
ORDINANCE NO. 70
AN ORDINANCE AMENDING CHAPTER VIII OF TITLE
II OF THE MORRO BAY MUNICIPAL CODE ENTITLED
UNIFORM TRANSIENT OCCUPANCY TAX 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 2802 of the Morro Bay Municipal
Code is amended to read as follows:
2802. Tax Imposed. For the privilege of occupancy in any
hotel, each transient is subject to and shall pay a tax in the
amount of five percent (5%) of the rent charged by the operator.
Said 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 pro-
portionate 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. Effective Date. This ordinance shall be effec-
tive thirty (30) days from and after the date of its passage except
that the tax imposed by this section shall be four percent (4%)
until July 1, 1968, at which time the tax imposed shall increase to
five percent (5%), and no increase in the tax shall apply prior to
said date.
SECTION 3. Publication. The foregoing ordinance shall, be-
fore the expiration of fifteen (15) days of the passage of same, be
published with the names of the Council members voting for and
against the same once in a newspaper of general circulation printed
and published in the City of Morro Bay, State of California.
This ordinance was introduced and read on the 23rd day of
January, 1968, and passed and adopted on the 13th day of February,
1968, by the following roll call vote:
AYES: Councilmen Bickford, Bowen, Mailery and Mayor Surfluh
NOES: None
ABSENT: Councilman Keiser
ATTEST:
C. TED WHITE, City Clerk
I S. SURFLUH{ Mayor
•
ORDINANCE NO. 69
AN ORDINANCE CREATING AND ADDING CHAPTER XII
TO TITLE II OF THE MORRO BAY MUNICIPAL CODE,
ENTITLED REAL PROPERTY TRANSFER TAX 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. Chapter XII to Title II of the Morro Bay Municipal
Code entitled "Real Property Transfer Tax Ordinance" is hereby
created as follows:
CHAPTER XII
REAL PROPERTY TRANSFER TAX ORDINANCE
21201. TITLE - ADOPTION
21201.1 This Ordinance shall be known as the "Real Property
Transfer Tax Ordinance of the City of Morro Bay ". It is adopted
pursuant to the authority contained in Part 6.7 (commencing with
Section 11901) of Division 2 of the Revenue and Taxation Code of the
State of California.
21202. GENERAL
21202.1 There is hereby imposed on each deed, instrument or
writing by which any lands, tenements, or other realty sold within
the City of Morro Bay shall be granted assigned, transferred or
otherwise conveyed to, or vested in, the purchaser or purchasers, or
any other person or persons, by his or their direction, when the
consideration or value of the interest or property conveyed (exclusive
of the value of any lien or encumbrances remaining thereon at the
time of sale) exceeds one hundred dollars ($100), a tax at the rate
of twenty -seven and one -half cents ($0.275) for each five hundred
• •
ORDINANCE NO. 69
PAGE TWO
dollars ($500) or fractional part thereof.
21203. PERSON LIABLE
21203.1 Any tax imposed pursuant to Section 21202 hereof
shall be paid by any person who makes, signs or issues any docu-
ment or instrument subject to the tax, or for whose use or benefit
the same is made, signed or issued.
21204. EXCEPTIONS
21204.1 Security Instrument. Any tax imposed pursuant to
this ordinance shall not apply to any instrument in writing given
to secure a debt.
21204.2 Governmental Entities. The United States or any
agency or instrumentality thereof, any state or territory, or
political subdivision thereof, or the District of Columbia shall
not be liable for any tax imposed pursuant to this ordinance with
respect to any deed, instrument, or writing to which it is a party,
but the tax may be collected by assessment from any other party
liable therefor.
21204.3 Plans of Reorganization or Adjustment. Any tax im-
posed pursuant to this ordinance shall not apply to the making,
delivering or filing of conveyances to make effective any plan of
reorganization or adjustment -
(1) Confirmed under the Federal Bankruptcy Act, as
amended;
(2) Approved in an equity receivership proceeding in a
court involving a railroad corporation, as defined
in subdivision (m) of Section 205 of Title 11 of
the United States Code, as amended;
• •
ORDINANCE NO. 69
PAGE THREE
(3) Approved in an equity receivership proceeding in
a court involving a corporation, as defined in
subdivision (3) of Section 506 of Title 11 of
the United States Code, as amended; or
(4) Whereby a mere change in identity, form or place
of organization is effected.
Subdivisions (1) to (4) inclusive of this section shall only
apply if the making, delivery or filing of instruments of transfer
or conveyances occurs within five (5) years from the date of such
confirmation, approval or change.
21204.4 Documents Pertaining to Orders of the Securities and
Exchange Commission. Any tax imposed pursuant to this ordinance
shall not apply to the making or delivery of conveyances to make
effective any order of the Securities and Exchange Commission, as
defined in subdivision (a) of Section 1083 of the Internal Revenue
Code of 1954; but only if -
(1) The order of the Securities and Exchange Commission
in obedience to which such conveyance is made
recites that such conveyance is necessary or
appropriate to effectuate the provisions of Section
79k of Title 15 of the United States Code, relating
to the Public Utility Holding Company Act of 1935;
(2) Such order specifies the property which is ordered
to be conveyed;
(3) Such conveyance is made in obedience to such order.
21204.5 Partnerships.
(1) In the case of any realty held by a partnership,
no levy shall be imposed pursuant to this ordinance
by reason of any transfer of an interest in a
partnership or otherwise, if -
(a) Such partnership (or another partnership) is
considered a continuing partnership within
the meaning of Section 708 of the Internal
Revenue Code of 1954; and
(b) Such continuing partnership continues to hold
the realty concerned.
ORDINANCE NO. 69
PAGE FOUR
(2) If there is a termination of any partnership
within the meaning of Section 708 of the
Internal Revenue Code of 1954, for purposes
of this ordinance, such partnership shall be
treated as having executed an instrument where-
by there was conveyed, for fair market value
(exclusive of the value of any lien or encumbrance
remaining thereon), all realty held by such
partnership at the time of such termination.
(3) Not more than one tax shall be imposed pursuant
to this ordinance by reason of a termination
described in subdivision (2), and any transfer
pursuant thereto, with respect to the realty
held by such partnership at the time of such
termination.
21205. ADMINISTRATION BY COUNTY RECORDER.
21205.1 The County Recorder shall administer this ordinance
in conformity with the provisions of Part 6.7 of Division 2 of the
Revenue and Taxation Code and the provisions of any county ordinance
adopted pursuant thereto.
21206. CLAIMS FOR REFUND
21206.1 Claims for refund of taxes imposed pursuant to this
ordinance shall be governed by the provisions of Chapter 5 (commencing
with Section 5096) of Part 9 of Division 1 of the Revenue and Taxation
Code of the State of California.
21207. EFFECTIVE DATE
21207.1 This ordinance shall become operative upon the opera-
tive date of any ordinance adopted by the County of San Luis Obispo,
pursuant to Part 6.7 (commencing with Section 11901) of Division 2
of the Revenue and Taxation Code of the State of California, or upon
the effective date of this ordinance, whichever is the later.
21208. FILING BY CITY CLERK
21208.1 Upon its adoption, the City Clerk shall file two (2)
copies of this ordinance with the County Recorder of San Luis Obispo
County.
. '.
•
ORDINANCE NO. 69
PAGE FIVE
•
SECTION 2. This ordinance is being enacted to take effect
immediately in accordance with Section 36937 of the Government
Code of the State of California, inasmuch as it provides for tax
levy for the usual and current expenses of the City.
SECTION 3. Prior to the expiration of fifteen (15) days
from the passage thereof, this ordinance shall be published one
(1) time in a newspaper of general circulation, published and
circulated in the City of Morro Bay.
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
November , 1967, by the following roll call vote:
AYES: Councilmen Bickford, Bowen, Keiser and Mallery
NOES: None
ABSENT: Mayor Surfluh
ATTEST:
C. ED WHIT , City Clerk
S. SURFLUfi4 Mayor
ORDINANCE NO. 68
AN ORDINANCE AMENDING THE ZONING MAP OF THE
CITY OF MORRO BAY (LOTS 30 THROUGH 34, BLK3,
MORRO HEIGHTS TRACT)
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 Zoning Map of the City of Morro Bay,
adopted pursuant to Section 5103.2 of the Morro Bay municipal
Code, shall be and is hereby amended to change the zoning on
the following described property from C -1 and R -3 to R -4, 8 -8:
All that property generally described as
Lots 30, 31, 32, 33, and 34, Block 3,
Morro Heights Tract, City of Morro Bay.
SECTION 2. This ordinance shall take effect and be in full
force and effect thirty (30) days after its passage, and before
the expiration of fifteen (15) days after the passage of this
ordinance, it shall be published once with the names of the
members of the City Council voting for and against the ordinance
in a newspaper of local circulation published within the City
of Morro Bay.
PASSED AND ADOPTED by the City Council of the City of
Morro Bay at a meeting of said Council held this 14th day
of November 1967, on the following roll call vote:
AYES: Councilmen Bickford, Bowen, Keiser, Mallery & Surfluh
NOES: None
ABSENT: None
•
ORDINANCE NO.68
PAGE TWO
1 ' "
S. SURFLUH, My •
ATTEST:
C. TED WHITE, ity Cler
CERTIFICATION OF CITY CLERK
I hereby certify that the foregoing ordinance was
duly and regularly adopted by the City Council of
the City of Morro Bay at a regular meeting thereof
held on the 14th day of November, 1967.
Dated:
C. TED WHITE, City Clerk
City of Morro Bay, Calif.
ORDINANCE NO. 67
AN ORDINANCE AMENDING SECTIONS 9102, 9105, 9106
9107, 9108, 9110, 9111, 9113, 9117, 9123, 9300 AND 11132,
AND DELETING SECTIONS 9124 AND 9125 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 9102 of the City of Morro Bay Municipal Code
be amended by adding a second paragraph to read as follows:
9102. (Paragraph 2): Letter applications will be honored to furnish
service as requested. Upon receipt of said application, the Water Department
will immediately send an application form for signature which shall be re-
turned within ten (10) days.
SECTION 2: That Section 9105 of the City of Morro Bay Municipal
Code be amended to read as follows:
9105. 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 they
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 or additional charges made. The amount paid
by the applicant shall be the final charge for the installation of the
service connection.
Charges for installing service connections outside the corporate limits
of the City shall be made at double the rates applicable for charges for
service connections inside the City.
SECTION 3: That Section 9106 of the City of Morro Bay Municipal Code
be amended to read as follows:
9106. Main Extensions to serve new customers.
A. Mains will be extended to serve all new customers under the
following conditions:
1. No main-extension will be made except on an approved
dedicated street, alley or recorded easement.
2. Cost of installing the main extension and all related
• •
ORDINANCE NO. 67
(Amending Municipal Code)
PAGE TWO
water facilities to serve the customer's property shall be borne by the
customer.
3. The main extension and all related facilities shall be
subject to all the requirements as set forth in the Subdivision Ordinance,
when applicable, and the design and installation of all facilities shall be
in accordance with the Standard Specifications of the City. The City has the
right to require the customer to install additional mains and related facil-
ities in the event an existing main of insufficient capacity is adjacent to
or near the customer's property. New subdivisions, commercial or industrial
developments with large domestic or fire flow requirements shall be required
to extend a main of adequate size to the nearest existing main of sufficient
size to meet the customer's flow requirements, without adversely affecting
service to present customers.
4. The minimum size of water mains shall be as specified by the
City and in no case shall they be less than six inches (6 ") in diameter.
5. The City may, at its discretion, require the installation
of water mains of greater size and capacity than are needed to meet the
customer's service demands. The difference between the cost of water mains
required for service and water mains of greater size and capacity shall
be borne by the City. The City shall be the final judge in determining the
excess size of the water mains required to serve the needs of the public.
6. Mains shall be extended completely across the face of the
customer's property unless otherwise specified by the City.
7. The City shall have the option of installing service con-
nections on new main extensions. Service connections installed by the
City shall be paid for in advance by the customer.
8. Upon official acceptance, the City shall assume full owner-
ship, maintenance and control of such mains and related facilities.
B. Prior to commencing construction of the main extension, the customer
shall submit plans to the City for approval. Upon approval of the plans by
the City and after complying with all requirements of the City, the customer
may then proceed with construction of the main extension. Actual construction
•
ORDINANCE NO. 67
(Amending Municipal Code)
PAGE THREE
work shall be performed only by competent pipeline contractors approved by
the City and all of the work will be subject to inspection and final
approval by the City. The size, design, location, materials, type and
placement of fire hydrants and all construction work shall be approved by
the City prior to granting final acceptance of the main extension.
SECTION 4. That Section 9107 of the City of Morro Bay Municipal Code
be amended to read as follows:
9107. Pumping and storage facilities to serve new customers: The
City shall determine if additional pumping and storage facilities are re-
quired to serve a new customer. Additional facilities shall be installed
when property is situated at an elevation above existing storage and
pipeline facilities, to maintain a minimum pressure of 40 pounds per square
inch in the water distribution system. Such facilities shall be installed
by the customer at their sole expense and shall be of the size and capacity
as specified by the Water Department to meet the required domestic and
fire flows.
The City shall have the right to require the installation of pumps
and storage facilities of greater capacity than that required for any de-
velopment and shall, upon completion of said installation, pay such excess
costs.
SECTION 5. That Section 9108 of the Morro Bay Municipal Code by
amended to read as follows:
9108. Service connections and billing charges for service to separate
premises and multiple units.
A. Separate premises shall be supplied water through an individual
service connection and meter. It is specifically prohibited for an owner or
agent of two or more adjoining premises to extend a water line between said
premises for the purpose of serving water to separate premises.
B. In cases where an owner receives City approval to split an existing
lot or parcel of property, a new service connection and meter shall be in-
stalled at the owner's expense to serve the separate premises.
C. Separate residential, commercial or industrial occupancies, if
situated on the same premises and not under a common roof, shall have
separate service connections and meters.
•
ORDINANCE NO. 67
(Amending Municipal Code)
PAGE FOUR
D. A single service connection and meter is permitted to serve such
premises as duplexes, tri- plexes, apartment houses or motels, provided
that such buildings are plumbed as an integral unit, are constructed with
a common roof, and have a service connection of a size that will provide
for adequate service.
SECTION 6: That Section 9110 of the City of Morro Bay Municipal Code
be amended by adding subsections A(3)e and B(5) as follows:
9110 A(3)e. The date service is discontinued will be the date the
customer signs a turn -off request or the date a letter requesting dis-
continuance of service is received at the Water Department office.
B(5). A penalty of fifty cents ($.50) per billing will be imposed
on all delinquent accounts.
SECTION 7: That Section 9111 of the City of Morro Bay Municipal Code
be amended by adding subsection "D" as follows;
9111 D. Any adjustments required to be made for meter errors under
paragraphs B and C shall be approved by the City Administrator or his
designated representative.
SECTION 8: That Section 9113 of the City of Morro Bay Municipal Code
be amended by adding a second sentence to subsection A to read as follows:
9113 A (Second sentence): The City shall require the installation of
a detector - check meter by the customer.
SECTION 9: That subsection B of Section 9117 be amended to read as
follows:
9117 B. Use of fire hydrants by contractors for temporary service.
Contractors requesting water supplied through fire hydrants must first
obtain permission from the Water Department. A $5.00 fee shall be paid in
advance by the contractor for installation and removal of a fire hydrant
meter. The Water Department shall designate the specific fire hydrant to
be used in the general area of the contractor's work. There shall be a
charge of $1.00 per day for each day the meter is in service, beginning with
the day the meter is installed, and including the day the meter is removed
• •
•
ORDINANCE NO. 67
(Amending Municipal Code)
PAGE FIVE
at the request of the contractor. Requests for meter set and removal
shall be made in writing on a form and in the manner as specified by the
Water Department. In addition to the above charges, water supplied through
fire hydrant meters shall be charged at a rate of $.40 per 100 cubic feet.
The Water Department may elect not to require a fire hydrant meter
and to charge for water by the tank truck load for brief periods of service
at a rate not less than $1.00 per 1,000 gallons, taking into consideration
the size of the tank and the total number of times the tank is filled. A
$5.00 service charge shall be paid in advance by the contractor for the
privilege of using a fire hydrant for temporary water service without the
use of a hydrant meter. Said $5.00 service charge is to be paid in
addition to costs for water used.
All billings for temporary water service are due and payable upon
presentation to the contractor receiving said service.
It is specifically prohibited for any person to operate the valve
of any fire hydrant other than by use of an approved spanner wrench
designed for this purpose. All damages to any fire hydrant meter valve
or related facility shall be paid for by the contractor if said damages
occur during the period of temporary service to said contractor.
SECTION 10. That Section 9123 of the City of Morro Bay Municipal
Code be amended to read as follows:
9123 Rates for Service. The rates to be charged for water service
for every two months ad-monthly) for regular water service shall be made
according to the size of the meter through which the water is supplied
and by the quantity of water used as determined by meter readings, and in
accordance with the following rate schedules:
A. Meter rates;
INSIDE CITY OUTSIDE CITY
Meter Size Meter Charge Meter Charge
5/8" None $ 1.00
1 $ 1.00 2.00
1 -1/4 1.50 3.00
1 -1/2 2.00 4.00
2 4.00 8.00
3 7.00 14.00
4 10.00 20.00
6 16.00 32.00
- ,,ORDINANCE NO. 67
• (Amending Municipal Co
• PAGE SIX
B. Quantity rates:
Quantity of Water Used
First 1600 cubic feet or less
Next 2400 cubic feet, per 100
cubic feet
All over 4000 cubic feet, per
100 cubic feet
•
Inside City Outside City
$ 6.00
.20
.15
$ 12.00
.40
.30
SECTION 11: That Section 9124 of the City of Morro Bay Municipal Code
be deleted.
SECTION 12: That Section 9125 of the City of Morro Bay Municipal Code
be deleted.
SECTION 13: That Section 9300 of the City of Morro Bay Municipal Code
be amended to read as follows:
9300. Improvements: To Conform to Standards: All improvement work
done on public rights -of -way, the tide and submerged lands of Morro Bay
/Harbor, City owned property, or on easements which are or may be accepted
for maintenance by the City of Morro Bay, shall conform to the standards
set forth in the "Standard Improvement Specifications and Drawings ",
edition of July 1, 1967, which may from time to time be amended and /or added
to, and the same is hereby adopted and incorporated as fully as if set out
in length herein, and from the date on which this ordinance shall take
effect, the provisions thereof shall be controlling within the limits of
the City of Morro Bay. Improvement Specifications and Drawings are on
file in the Office of the City Clerk, the Planning and Building Department
and the Department of Public Works for use and examination by the public.
SECTION 14. That Section 11132 of the City of Morro Bay Municipal
Code be amended to read as follows:
11132. Dogs that bite human beings to be isolated: Any dog in the
City known or suspected of having bitten a human being, or known or sus-
pected by the Health Department of having rabies or any other animal
disease of a character dangerous to human beings, shall be promptly isolated
in the manner and place specified by the health office and there held at
the expense of the owner of such dog or it shall be promptly destroyed.
If, after a period specified in Section 2606(b) of Title XVII of the
California Administrative Code, the dog that did the biting is found to
be well, it shall be released into the custody of the owner thereof unless
ORDINANCE NO. 67
(Amending Municipal Code)
PAGE SEVEN
otherwise directed by the health officer.
SECTION 15: 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 14th day of November
1967, by the
AYES:
NOES:
ABSENT:
ATTEST:
following roll call vote:
Councilmen Bickford, Bowen, Keiser, Mallery & Mayor Surfluh
None
None
C. TED WHITE, City Clerk
CERTIFICATION
I hereby certify that the foregoing ordinance was duly
and regularly adopted by the City Council of the City
of Morro Bay at a regular meeting thereof held on the
14th day of November, 1967.
DATED:
C. TED WHITE, City Clerk
City of Morro Bay, California
• •
ORDINANCE NO. 66
AN ORDINANCE AMENDING SECTIONS 4110, 4111, 4112,
4115, 4200, 4206, 4210, 4215, 4230, 4231, 4232,
4240, 4260, 4273 AND 5307.4, AND DELETING
SECTIONS 4203 AND 4220 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 subsection 1 of Section 4110 of the City of Morro
Bay Municipal Code be deleted and that Section 4110 be amended to read as
follows:
4110. Administration. The administration and enforcement of this
ordinance is hereby assigned to the City Administrator, in accordance with
Section 2705.1 of Chapter 7, Title II of the Morro Bay Municipal Code.
The City Administrator, in accordance with Section 2705.3 of Chapter 7,
Title II of the Morro Bay Municipal Code, may appoint those employees
needed to enforce this ordinance and to perform the necessary inspection
services required to enforce this and other City and State building and
safety laws.
SECTION 2: That Section 4111 of the City of Morro Bay Municipal Code
be amended to read as follows:
4111. Records and Auditing. It shall be the duty of the Planning
and Building Department to keep a permanent record of all pertinent trans-
actions under this ordinance. All fees collected shall be turned over to
the City Treasurer for deposit.
A copy of all Building Permits issued shall be transmitted to the
office of the County Assessor.
SECTION 3: That Section 4112 of the City of Morro Bay Municipal Code
be amended to read as follows:
4112. Liability. This ordinance shall not be construed as imposing
upon the City of Morro Bay, or upon any of its officials or employees, any
liability or responsibility for injury or damage resulting from any work
approved or performed with respect to this ordinance, or by reason of any
inspection performed hereunder. No person shall be relieved of the responsi-
ri
• •
ORDINANCE NO. 66
(Amending Municipal Code)
PAGE TWO
bility of compliance with this ordinance because of an error or omission
made by a city official or employee.
SECTION 4: That subsection 1 of Section 4115 of the City of Morro
Bay Municipal Code be amended to read as follows:
4115.1. Official Codes Filed. Not less than three (3) certified
copies of the "Uniform Building Code, Volume I ", "Uniform Building Code,
Volume II -- Mechanical ", "Uniform Building Code, Volume III -- Housing ",
"Uniform Plumbing Code" and "National Electric Code" adopted by reference
herein shall be filed in the Office of the City Clerk of the City of Morro
Bay, and all of said certified copies shall be kept in the City Clerk's
Office for public inspection while this ordinance is in effect.
SECTION 5: That Section 4200 of the City of Morro Bay Municipal Code
be amended to read as follows:
4200. Uniform Building Code Adopted. That certain Building Code,
known and designated as Uniform Building Code, 1967 Edition, Volume I,
Pages 1 through 595 inclusive, and which Code is promulgated and was pub-
lished in 1967 by International Conference of Building Officials, 50 South
Los Robles, Pasadena, California, is hereby adopted by reference with the
same force and effect as if fully set forth herein.
SECTION 6: That Section 4203 of the City of Morro Bay Municipal Code
be deleted.
SECTION 7: That Subsection 4 of Section 4206 of the City of Morro Bay
Municipal Code be amended to read as follows:
4206.4. Table No. 3 -A, Building Permit Fees, on Page 31 of the Uniform
Building Code is hereby deleted and the following substituted in lieu
thereof:
"Building Permit Fees Table No. 1"
TOTAL VALUATION FEE
Less than $100.00
$100.00 to $500.00
$501.00 to $2,000.00
NO FEE
$5.00
$5.00 for the first $500.00, plus $1.00
for each additional $100.00 or fraction
• •
ORDINANCE NO. 66
(AMENDING MUNICIPAL CODE)
PAGE THREE
4206.4 (Continued)
TOTAL VALUATION FEE
thereof, to and including $2,000.00
$ 2,001.00 to $ 25,000.00 $20.00 for the first $2,000.00, plus
$3.00 for each additional thousand
or fraction thereof, to and includ-
ing $25,000.00
$ 25,001.00 to $ 50,000.00 $89.00 for the first $25,000.00, plus
$2.50 for each additional thousand
or fraction thereof, to and includ-
ing $50,000.00
$ 50,001.00 to $100,000.00 $151.50 for the first $50,000.00,
plus $1.50 for each additional thou-
sand or fraction thereof, to and in-
cluding $100,000.00
$100,001.00 and up $226.50 for the first $100,000.00,
plus $1.00 for each additional thou-
sand or fraction thereof.
SECTION 8: That Section 4210 of the City of Morro Bay Municipal
Code be amended to read as follows:
4210. Electrical Code Adopted. That certain code known and desig-
nated as "National Electric Code, 1965 Edition ", pages 1 through 388 in-
clusive, and which code is promulgated and was published by the National
Fire Protection Association, 60 Batterymarch Street, Boston 10, Massachu-
setts, is hereby adopted by reference with the same force and effect as if
fully set forth herein.
SECTION 9: That Section 4215 of the City of Morro Bay Municipal Code
be amended to read as follows:
4215. Fees (Table II).
1. Any person desiring an electrical permit shall, at the time of
filing an application therefor, pay a fee as required in this
section. For issuing permits, each $ 1.00
For each meter loop or any service change 2.00
Additions or alterations, 8 baseplugs or 10 light
equals one circuit, each 50 cents, minimum 1.00
Dwelling outlets, receptacles, switches on new construction
Up to 600 sq. ft. 6.00
600 to 1000 sq. ft. 8.00
1000 to 1500 sq. ft 10.00
1500 to 3000 sq. ft 12.00
• •
ORDINANCE N0.66
(AMENDING MUNICIPAL CODE)
PAGE FOUR
4215. (Continued)
3000 to 4000 sq. ft $14.00
For each circuit in other than dwelling occupancies
First 25 circuits each 1.OD
Additional circuits .25
For each motor of not more than 1 H.P. .25
For each motor of more than 1 H.P. but not more
than 2 H.P. .50
For each motor of more than 2 H.P. but not more
than 5 H.P. 1.00
For each motor of more than 5 H.P. but not more
than 15 H P 1.50
For each motor of more than 15 H.P. but not more
than 50 H P 2.50
For each motor of more than 50 H.P. but not more
than 200 H.P. 5.00
For each motor of more than 200 H.P. 10.00
For each generator, transformer or welder, each
K.V.A. capacity shall be considered as one (1)
H.P. in a motor. For each motor - generator, set
or frequency changed, the fee charges shall be
75% greater than for the motor alone
For the inspection of any electrical equipment for
which no fee is herein prescribed, for the time
consumed, per hour
With a minimum charge of
7.00
3.50
SECTION 10: That Section 4220 of the City of Morro Bay Municipal
Code be deleted.
SECTION 11: That Section 4230 of the City of Morro Bay Municipal
Code be amended to read as follows:
4230. Plumbing Code Adopted. That certain plumbing code known and
designated as the "Uniform Plumbing Code, 1967 Edition ", Pages 1 through
165 inclusive, promulgated and published by the International Association
of Plumbing and Mechanical Officials, 5032 Alhambra Ave., Los Angeles,
California, is hereby adopted by reference with the same force and effect
as if fully set forth herein.
SECTION 12: That Subsection 2 of Section 4231 of the City of Morro
Bay Municipal Code be amended to read as follows:
• •
ORDINANCE NO. 66
(AMENDING MUNICIPAL CODE)
PAGE FIVE
4231. Modification and Amendments.
2. Section 1.2, (a) insert "Building Official" in the blank
spaces in the first paragraph and (b) delete the second paragraph.
SECTION 13: That Section 4232 of the City of Morro Bay Municipal
Code be amended to read as follows:
4232. Fees (Table III).
For issuing each permit $ 1.00
In addition:
For each plumbing fixture or trap or set of fixtures
on one trap (including water and drainage piping). . . 1.00
For each building sewer line and lateral /main connection 7.50
For each water heater and /or vent 1.00
For each Gas Piping System of 1 -5 outlets 1.00
For each Gas Piping System of 6 or more, per outlet. .20
For each industrial waste pre- treatment interceptor
including its trap and vent, excepting kitchen type
grease interceptors functioning as fixture traps . . . 1.00
For installation, alteration or repair of water
piping and /or water treatment equipment 1.00
For repair or alteration of drainage or vent piping. 1.00
For each lawn sprinkler system or any one meter,
including backflow protection devices therefrom. . . . 2.00
SECTION 14: That Section 4240 of the City of Morro Bay Municipal
Code be amended to read as follows:
4240. Uniform Mechanical Code. That certain Uniform Building Code
Volume II - Mechanical, also know as the Uniform Mechanical Code, 1967
Edition, which code is promulgated and published jointly by the Internation-
al Conference of Building Officials, 50 Los Robles, Pasadena, California,
and the International Association of Plumbing and Mechanical Officials,
5032 Alhambra Avenue, Los Angeles, California, is hereby adopted by refer-
ence with the same force and effect as if fully set forth herein.
SECTION 15: That Section 4260 of the City of Morro Bay Municipal Code
be amended to read as follows:
4260. Uniform Housing Code Adopted. That certain housing code, known
,- •
• •
ORDINANCE NO. 66
(AMENDING MUNICIPAL CODE)
PAGE SIX
and designated as "Uniform Building Code Volume III 'Housing' 1967 Edition ",
pages 1 through 91 inclusive, promulgated and published by the Internation-
al Conference of Building Officials, 50 Los Robles, Pasadena, California,
is hereby adopted by reference with the same force and effect as if fully
set forth herein.
SECTION 16: That subsection 1 of Section 4273 of the City of Morro
Bay Municipal Code be amended to read as follows:
4273. Parking Requirements.
1. Commercial boat docking facilities shall provide one vehicle
parking space for each one and one -half (1h) mooring spaces and /or
each twenty -five (25) lineal feet of dock, plus one (1) added
space for each two (2) employees. Parking spaces shall be located
within one thousand (1,000) feet of the mooring or dock spaces.
SECTION 17: That Section 5307.4 of the City of Morro Bay Municipal
Code be amended to read as follows:
5307.4 Fees.
a. Sign Permit Fee. The permit fee for a sign shall be paid to the
Planning and Building Department for each permit required by this Ordinance,
as shown in the following table:
TOTAL VALUATION FEE
$0.00 to $20.00 NO FEE
$21.00 to $500.00 $5.00
$501.00 to $2,000.00 $5.00 for the first $500.00 plus $1.00 for
each additional $100.00 or fraction there-
of, to and including $2,000.00
$2,001.00 to $25,000.00 $20.00 for the first $2,000.00, plus $3.00
for each additional thousand or fraction
thereof, to and including $25,000.00
$25,001.00 to $50,000.00 $89.00 for the first $25,000.00 plus $2.50
for each additional thousand or fraction
thereof, to and including $50,000.00
$50,001.00 to $100,000.00 $151.50 for the first $50,000.00 plus $1.50
for each additional thousand or fraction
thereof, to and including $100,000.00
$100,001.00 and up $226.50 for the first $100,000.00 plus
$1.00 for each additional thousand or frac-
tion thereof
SECTION 18: 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
ORDINANCE NO. 66
(AMENDING MUNICIPAL CODE)
PAGE SEVEN
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 26th day of September
1967, by the following roll call vote:
AYES: Councilmen Bickford, Bowen, Keiser, Mallery & Surfluh
NOES:
ABSENT:
ATTEST:
None
None
ED WHITE, City Clerk
J. S. SURFLil, Mayor
ORDINANCE NO. 65
AN ORDINANCE REPEALING CHAPTER I OF TITLE V, OF THE
MORRO BAY MUNICIPAL CODE, ENTITLED ZONING REGULA_
TIONS, AND CREATING AND ADOPTING A NEW CHAPTER I,
TITLE V, ENTITLED ZONING ORDINANCE
THE CITY COUNCIL
CITY OF MORRO BAY, CALIFORNIA
The City Council of the City of Morro Bay does ordain as follows:
Section 1. Chapter I of Title V of the City of Morro Bay Municipal Code, entitled
"Zoning Regulations ", adopted on October 6, 1964, is hereby repealed except that
the provisions thereof shall continue to apply to any property where development
has commenced prior to the effective date of this ordinance..
Section 2. Chapter I of Title V of the Morro Bay Municipal Code, entitled
"Zoning Ordinance" is hereby created as follows:
CHAPTER I - ZONING ORDINANCE
ARTICLE I
5101. ADOPTION - PURPOSE
5101.1 ADOPTION: This ordinance is adopted by the City Council of the City
of Morro Bay, State of California, in conformity with regulations now embodied in
Article I, Sections 65800 -65803 inclusive, Article 2, Sections 65850 -65861 inclu-
sive and Article 3, Sections 65900 -65906 of Chapter 4 entitled Zoning Regulations
of Title 7 of the Government Code as added by Stats. 1965 ch. 1880.
5101.2 PURPOSE: The purpose of this ordinance is to promote the growth of
i
the City of Morro Bay in an orderly manner and to promote the public health, safety,
peace, comfort and general welfare of the City by establishing regulations pertaining
•
to uses of land and uses, location, height, bulk, size and types of buildings and
open spaces around buildings in certain districts; providing for the administration
and enforcement of such regulations and prescribing penalties for violations thereof.
51'01.3 This ordinance shall be known by the following short title: "The Morro
Bay City Zoning Ordinance".
ARTICLE II.
5102. DEFINITIONS
5102.1 . For the purposes of this Ordinance certain terms are hereby.defined.
Words used in. the present tense shall include the future; .words in. the singular
shall include the plural; the word "shall" is mandatory, and the word "may" is
permissive.
"Administrative - Office" An office for the rendering of service
or general administration, but excluding retail sales.
"Alley" A public or private way less than 30 feet in width which
affords a. secondary means of access to abutting. property.
"A par t men t " A room or suite of rooms with a. single kitchen which
is occupied or which is intended or designed to be occupied by one family for living
and sleeping purposes.
2.
1
1
1
1
1
1
1
1
1
1
1
"Apartment H o u s e " Any building, or portion thereof, which is
designed, built, rented, leased, let, or hired out to be occupied, or which is
occupied as the home or residence of three or more families living independently
of each other in said building, and shall include apartments.
"Block" All property fronting upon one side of a street, between
intersecting and intercepting streets, or between a street and a railroad right -of-
way, water -way, dead end street or city boundary, An intercepting street shall
determine only the boundary of the block on the side of a street which it intercepts.
"Boa rd in q H o u s e" A dwelling other than a hotel, where lodging
and /or meals for three (3) or more persons is provided for compensation.
"Building " Any structure having.,a roof supported by columns or by
walls and designed for the shelter or housing of any person, animal or chattel.
"Building Accessory " .A subordinate building, including
shelters or pools, the use of which is incidental to that of the main building on
the same lot and /or building site.
3.
•
" Building , Main" A building in which is conducted the principal
use of the lot and /or building site on which it is situated.
" Building Site " A lot, lots or parcel of land, in single or Joint
ownership, and occupied or to be occupied by a main building and accessory build-
ings, or by a dwelling group and its accessory buildings, together with such open
spaces as are required by the terms of this ordinance and having its principal
frontage on a public or private street, road or highway.
" Business , Retail " Any establishment for the retail sale of any
article, substance, or commodity, but not including the warehousing or storage of
lumber or other building materials, or the outdoor sale of used or second -hand goods
y
or materials of any kind.
" Business , Wholesale" The wholesale handling of any article,
substance or commodity, but not including the handling of lumber or other building .
materials or the open storage or sale of any material or commodity, and not including
the processing or manufacture of any product or substance.
"Carport" Accessible and usable covered space of not less than
10 x 20 feet each for a storage of automobiles.
" C or n e r Lot" A lot the front of which and one or more sides, face
a street or street and public way.
" C1j y" The City of Morro Bay, a municipal corporation of the State
of California.
:4 .
• •
"C it v Council" . The City Council of the City of Morro Bay, San
Luis Obispo County, California.
"Co m b in in q Di s t r i c t" Any district in which the general district
regulations are combined with those special districts defined in Section 5104.4 here-
of for the purpose of adding additional special regulations.
"Comm is s ion " The City Planning Commission of the City of Morro
Bay, California.
" D is t r 1 c t" A portion of the City within which certain uses of land
and buildings are permitted or prohibited and within which certain yards and other
open spaces are required and certain height limits are established for buildings, all
as set forth and specified in this ordinance.
"Dwelling " A building or portion thereof designed and used ex-
clusively for residential occupancy, including one family, two family and multiple
• family dwellings, but not including hotels, motels or boarding houses.
"Dwelling, Single Family" A building designed for, or used
to house not more than one family, with a single kitchen, including all necessary
employees of such family.
"Dwelling, Two Family or Duplex" .A building containing
not more than one kitchen per unit, designed and /or used to house not more than
two families, living independently of each other, including all necessary employees
of each such family.
5.
•
"Dwelling, Three Family or Triplex" Abuilding contain-
ing not more than three kitchens, designed and /or used to house not more than three
families, living independently of each other, including all necessary employees of
each such family.
" D w e l l i n q, Multiple " A building or portion thereof, used and
designed as a residence for four (4) or more families living independently of each
other and doing their own cooking in said building, with not more than one kitchen
per unit, including apartment houses, apartment hotels and flats, but not including
motels, boarding houses and hotels.
a
" D w el l i n g , Groups " A group of two or more detached or semi-
detached, one - family, two - family, or multiple dwellings occupying a parcel of land
in one ownership and having any yard or court in common, but not including motels,
hotels and boarding houses.
" Fa m i l y " One or more persons related by blood or marriage occupy-
ing a premises and living as a single housekeeping unit, as 4stinguished from a
group occupying a hotel, club, fratemity or sorbrity house. A family shall be deemed
to include necessary employees, but in no case more than two unrelated persons.
" Fence " Any structural device forming a physical barrier by means of
hedge, wood, mesh, metal, chain, brick, stake, plastic or other similar materials.
" Ga ra q e " Accessible and usable covered space entirely enclosed
and of not less than 10 x 20 feet each for a storage of automobiles .
6.
•
" G u e s thou s e " Detached living quarters of a permanent type of con-
struction and without kitchens or cooking facilities, and where no compensation in
any form„is received or paid.
" He i g h t of Building " The verticle distance from the average
level of the highest and lowest point of that portion of the lot measured from natural
grade covered by the building to the topmost point of the roof.
" H o me O c c u p a t i o n" An occupation .carried on by the occupant,
within the main building, as a secondary use in connection with which there is no
display, no stock in trade, nor commodities . sold upon the premises and no person
employed.
"Hotel" See "Motel ".
" Ins id e Lot" A lot which is not a corner lot.
"j u n k Ya rd " More than 100 square feet of the area of any lot or
parcel of land used for the storage of junk,
salvage or other scrap materials, or for the
including but not limited to scrap metals,
dismantling or "wrecking" of automobiles
or other vehicles or machinery, whether for sale or storage. A single vehicle with-
out a current State license, shall be considered a junk yard.
"Key L o t " The first lot to the rear of a reversed corner lot and not
separated therefrom by an alley.
"L o t " See Building Site.
"L o t Fr on t "The narrowest dimension of a lot fronting on a street.
"Lot S i de " Any lot boundary not a front or rear lot line.
"Lot Line " A line separating the frontage from a street; the side
from a street or adjoining property; the rear from an alley or street or adjoining
property.
7.
"Lot , Through " .A lot having frontage on two parallel or approxi-
mately parallel streets.
"Lot W i d t h " The horizontal distance between the side lot lines
measured at right angles to the lot depth, at the required front setback line.
"Material Storage Yard" - (Junk Yard) A facility or business
where any of the following practices or operations take place:
1. The Storage of discarded, used and manufactured apparatus,
lumber, building materials, equipment, motor vehicles, auto-
mobile parts, scrap metals, appliances, paper, crockery,
furniture, glassware, or other manufactured or assembled
items, whether or not for purposes of sale.
2. The salvaging, dismantling, wrecking, re- assembling or burn-
• ing of any of the foregoing items.
3. Excepting, however, any of the foregoing practices or opera-
tions where they are carried on entirely within a walled and
roffed building.
"Mobile Home" .A self contained trailer coach as defined in the
California Health and Safety Code Sections 18004.0 and 18004.4 (B) and (C) .
" Mobile Home Park " Land or premises used or intended to be
used, let, rented or leased for occupancy by one or more mobile homes, trailers,
or movable dwellings designed for housing facilities.
"Motel" o r "Hotel" A single building or a group of detached or
semi - detached buildings containing guest rooms or apartments, with automobile
storage space provided on the site for such rooms or apartments provided in con-
nection therewith, which group is designed and used primarily for the accommodation
of transient automobile travelers.
8.
' • •
"Non - Conforming Use" A use that does not conform to the re-
1 gulations for the district in which it is situated.
'
"Pa rk in g S pa c e " An accessible and usable space on the building
site, or adjacent lot, at least eight and one -half (8 1/2) by twenty (20) feet for the
1 parking of one (1) automobile.
" Pe r s on" Includes any individual, city, county or city and county;
1 partnership, corporation, cooperative, association, trust or any other legal entities,
including the State of California and the Federal Government.
1
" Profess i o n a 1 Office " An office for the conduct of any one of
--"If the following uses only: Accountants, architects, attorneys, chiropractors, optome-
1 trists, chiropodists, engineers, surveyors, drafting service, designers, dentists,
physicians and surgeons.
1
"Re s t Homes" Any premises licensed Linder Section 2300 of the
' Welfare and Institutions Code of the State of California, ambulatory patients only.
1 "Rooming House" See Boarding House.
1 " S a n i t a r i u m" .A health station or retreat or other place where
1 patients are housed, and where treatment is given, but excluding mental institu-
' tions or institutions for treatment of persons addicted to the use of drugs.
1
1
9.
• • c
"S e ry ic e S ta ti on " An occupancy which provides for the ser-
vicing of motor vehicles and operations directly incidental thereto. Limited to
retail sale of petroleum products and auto accessories; included are minor repairs
and installation of accessories when conducted within a building.
"Setback Lines " A line established by this ordinance to
govern the placement of buildings or structures with respect to lot lines, streets a
or alleys.
1
1
0
"Sign s " Any advertising display or structure. 1
"Side and Front of Corner Lots" For the purpose of
this ordinance the narrowest frontage of a corner lot facing the street is the
front, and the longest frontage facing the intersecting street is the side, irre-
spective of the direction in which the dwelling faces.
" S t r e e t " A public thoroughfare accepted by the City of Morro
Bay which affords principal means of access to abutting property including
avenue, place, way, drive, lane, boulevard, highway, road, and any other
thoroughfare except an alley as defined herein.
and property.
0
0
"Street Line " The boundary between a street right -of -way
"8 t ru c t u r e " Anything constructed or erected, the use of
which requires location on or in the ground, or attachment to something having
location on the ground, including swimming pools, excluding driveways, patios
10.,
or parking spaces.
1
•
1
1
" Structural Alterations " Any change in the supporting members
of a structure, such as bearing walls, columns, beams, or girders.
" T ra v el Trailer " A travel trailer or camp car as defined in the
California Health and Safety Code Sections 18002, 18004.9 (A) and 18007.5.
" Us e" The purpose for which land or a building is designed, arranged
' or intended or for which either land or building is or may be occupied or maintained.
"Use - Accessory " A use incidental to or subordinate to, and
necessary to the main use of a lot or a building located on the same lot.
" Veterinary Clinic " Any premises used for the treatment or
"grooming of animals, but not including boarding or hospitalization.
"Veterinary Hospital" Any premises used for the treatment, care,
boarding or grooming of animals, with all such operations to be conducted within a
building unless otherwise specified in the Use Permit.
"Ya rd " An open space on the same lot with a building, which open
space is unoccupied and unobstructed from the ground upward, except as otherwise
permitted in ARTICLE VL. hereof,.
"Ya rd - Front " A yard extending across the front of the lot be-
tween the side lot lines and measured from the front line of the lot to the nearest
line of the building; provided however, that if any plan line has been established
for the street upon which the lot faces, the front yard measurement shall be taken
from such plan line to the nearest line of the building.
11.
•
" Y a rd - Rear" A yard extending across the full width of the
lot and measured between the rear line of the lot and the nearest line of the main
building.
"Yard - Side" A yard between the side line of the lot and the
nearest line of the building and extending from the front yard of the lot to the rear
yard.
4'
12.
5103'.
5103.1
•
ARTICLE III.
ESTABLISHMENT AND DESIGNATION OF DISTRICTS
There are hereby established the several districts into which the
City of Morro Ray is divided and which are designated as follows:
SUBURBAN, RESIDENTI'AL DISTRICT OR "R -A" DISTRICfT
Purpose
This district is intended to permit farming prior to development for
residential uses; to provide an area for people to have parcels of land larger than resi-
dential lots, where livestock, poultry and small animals may be raised in limited num-
ber for home use, or for pleasure, until urban development requires reclassification.
SINGLE FAMILY RESIDENTIAL DISTRICT OR "R -1"
DISTRICT
DUPLEX RESIDENTIAL DISTRICT OR "R -2" DISTRICT
MULTIPLE FAMILY RESIDENTIAL DISTRICT OR "R -3"
DISTRICT
MULTIPLE RESIDENTIAL - PROFESSIONAL DISTRICT OR
"12-4" DISTRICT
Purpose
To stablize and maintain the residential character of the various
districts and to ensure the maintenance of the maximum amenities for family living
commensurate with the densities of population specified. To ensure that these dis-
tricts will be free of traffic and other uses causing congestion, noise, confusion and
interferenceiri the pattern of family: living..
NEIGHBORHOOD COMMERCIAL DISTRICT OR "C -1 -N"
D.'I.S T. R LC T
Purpose
To provide centers for convenient shopping in the residential
neighborhoods planned and controlled to the extent that any such center will perform
a vital service to the neighborhood in which it is located and become integral parts
thereof.
13.
CENTRAL BUSINESS DISTRICT OR "C-1" DISTRICT
Purpose
To designate and promote the orderly development of the business
district as a central retail shopping facility for the primary market area.
GENERAL COMMERCIAL DISTRICT OR "C -2 " DISTRICT
Purpose
To provide a district for the heavier types of commercial and semi -
industrial uses which do not specialize in pedestrian traffic and are more appropriately
located away from the central business district.
HIGHWAY COMMERCIAL DISTRICT OR "C -H" DISTRICT
Purpose
To provide a district offering service for tourists and freeway
traffic, not including any type of retail sales and only those uses which offer services
to the traveling public and provide for the aesthetic development and landscaping im-
provement that will enhance the beauty of the entrances into the City.
LIGHT MANUFACTURING DISTRICT OR "M -1"
DISTRICT
HEAVY MANUFACTURING DISTRICT OR "M -2"
DISTRICT
Purpose
To provide a district exclusively for sound industrial development
wherein manufacturing and other industries can locate and operate away from the re-
stricting influences of non - industrial uses, while maintaining an environment free
from offensive or objectionable noise, dust, odor or other nuisances, all well de-
signed and properly landscaped. •
PLANNED UNIT DEVELOPMENT DISTRICT OR "PD"
DISTRICT
Purpose
Where a special design proposal for a large scale development
makes it desirable to apply regulations more flexible than those contained elsewhere
in this ordinance, a Planned Unit Development, or P -D district may be established.
The purpose of such district is to grant diversification of the location of structures
or other site elements while insuring adequate standards relating to public health,
14.
•
safety, welfare, comfort and convenience. "P -D" Districts may be established in any
area, suitable for, and of sufficient size, to contain a planned development, but in no
case less than three (3) acres.
OPEN AREA DISTRICT OR "O -A" DISTRICT
Purpose
Tc provide for the maintenance of areas in a permanent natural
state and the preservation of scenic values and the utilization of natural features and
resources of the area and bay for the benefit of the public.
To provide for, the control of public and private development to
ensure the related recreational, commercial and industrial uses are compatable with
and enhance the development of the particular area or resource.
COMBINING PARKING DISTRICT OR " -P" DISTRICT
Purpose
:. To provide for attractive supporting parking facilities oriented to
but not necessarily with adjacent commercial districts.
COMBINING LOT SIZE DISTRICT OR 'S" DISTRICT
Purpose
To provide for the variation of building sites below the norm due
to historic subdivision practices in the City of Morro Bay and to provide for the crea-
tion of larger sites as dictated by the topography and physical features as specified
by ordinances .
5103.2 Zoning Map The boundaries of the districts designated and
established herein are as shown on that certain map entitled "ZONING MAP OF THE
CITY OF MORRO BAY ", incorporated herein and made a part of this Ordinance by re-
ference as though herein fully set forth and which map is on file in the office of the
City Clerk and to which reference is hereby made for full particulars as to the loca-
tion of the areas shown within said districts. The districts shown are hereby de-
clared to be subject to the regulations pertaining to such designated districts set
forth in this ordinance.
15.
(
•
No person shall use any land, building, or structure, nor shall any
building or structure be erected, constructed, enlarged, altered, moved or used in
any district shown on said zoning map, except in accordance with the regulations
established by this ordinance.
5103.3 Where the exact boundaries of a district cannot be: readily or exactly
ascertained by reference to the Zoning Map of the City of Morro Bay the boundary
shall be deemed to be along the nearest street or lot line, as the case may be. If
a district boundary line divides or splits a lot, the lot shall be deemed to be in-
cluded within the district which is the more restrictive. The provisions of this
Section shall not apply to acreage.
5103.4 Changes in the boundaries of districts shall be made by ordinance
in the manner provided in Article XI. hereof, said ordinance describing the area
to be changed either by lot and block number, or by metes and bounds . After
adoption of any ordinance changing any boundaries of any district, the Planning
Department shall revise the aforementioned map to show the changes made in
district boundaries and show the number and date of the adoption of the ordinance
making such change.
5103.5 All lands now or hereafter included within the City of Morro Bay
boundaries, which are not designated on the aforementioned zoning map as being
included in any district, are and shall be designated as "R -1" or single family re-
sidential districts.
16.
ARTICLE IV.
5104. DESIGNATION OF REGULATIONS FOR THE DISTRICTS
HEREINBEFORE ESTABLISHED.
5104.1 - Except as provided hereinafter, no structure shall be erected, recon-
structed, enlarged, altered or moved; nor shall any building or land be used except
as hereinafterr specifically provided and allowed in the districts in.which such
structure and land 'are located.
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m
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R -2 Districts
Multiple family dwellings,
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None but the following uses,
or uses which in the opinion
of the Planning Commission
are similar, will be allowed.
See Sect. 5106.2
Mobile Horne Park, Trailer Court
convenience shops catering to
guests and provided that such
uses Including non - profit private
recreation uses.
Professional Offices, Clinics
Hotels, motels, restaurants,
bars, refreshment stands, curio,
apparel and souvenir shops.
Multiple family dwellings (4 or
more units)
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uses which in the opinion of the
Planning Commission are similar,
will be allowed. See Sect.5106.2
m
Commercial Recreation: Refresh-
ment Stand: Service Station:
Public Utility Buildings and
Uses, but not including equip-
ment or storage yard, ware -
house, shop.
•
Mobilehome Park, Trailer Court
Residential Use Only when
accessory to Commercial Use
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AS SPECIFIED IN USE PERMIT AS SPECIFIED IN USE PERMIT
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None but the following uses, or
uses which in the opinion of the
Planning Commission are similar,
will be allowed. See Sect.5106.2
0
Service Station, Public Utility
Buildings and Uses, not in-
cluding equipment or storage
yard warehouse, shop. Coln
operated car wash.
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Parking Lots
Retail Sales and Personal Services
not within a building.
Service Stations
Car Wash
Coln operated car wash
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None but the following uses,
or uses which in the opinion
of the Planning Commission
are similar, will be allowed,
See Sect, 5106,2
The following uses, within a
building:
Animal Hospital, Auto Sales and
Service, Automotive Repair Shop,
Commercial Recreation, Cream -
eries,Dry Cleaners, Heavy Equip-
ment Sales and Service, Laundry,
Locker Plant, Mortuary, Nursery,
Plumbing Shop, Second Hand
Sales, Machine Shop, Tire Shops,
Wholesaling.
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None but the following uses,
or uses which in the opinion
of the Planning Commission
are similar, will be allowed.
See Sect. 5106.2
m
The Following Uses, when con -
ducted within a building or sur-
f rounded by a solid fence of board,
masonry or otherwise suitable
material, at least six (6) feet high
Blacksmith Shop, Lumber Yard,
Boat Building, Machine Shop, Bot-
tling Plant, Outdoor Storage &Sale,
Building Materials, Cabinet Shops,
Pipe Yard, Cold Storage, Public
Utility, Contractor's Yard,Service
Yards,Feed & Fuel Yard, Ware-
housing, Food Processing
,^ Light manufacturing, fabrication,
assembling, component manu-
facturing, small parts processing.
Residential uses only when ac-
cessory to the commercial or in-
dustrial use.
Wholesale Stores & Storage,Ser-
vice Establishments,Light & Heavy
Industrial & Manufacturing Uses,
in connection with which there is
no appreciable offensive or ob-
jectionable odor,dust,noise or
other nuisance factors; all uses
provided in Section 5104.2.10 are
included herein.
Industrial or Manufacturing Uses,
which in the opinion of the Plan-
ning Commission may be objection-
able by reason of the production of
offensive odors,dust, noise,bright
lights ,vibration or involving the
storage or handling of explosives
or dangerous materials, and in-
cluding,but not limited to those
uses listed hereunder.
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•
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NONE UNLESS ESTABLISHED BY PLAN
LINES
NONE UNLESS ESTABLISHED BY PLAN
'.. T.TNTS
NONE UNLESS ESTABLISHED BY PLAN
LINES
AS REQUIRED FOR PRINCIPAL INDUS-
TRIAL OR COMMERCIAL USE.
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None but the following uscs, or
uses which in the opinion of the
Planning Commission are similar,
will be allowed.- See Sec :5106.2
m
Auto Wrecking, Bituminous Pav-
ing, Plants and Manufacturing of
Bituminous Paving Products;Com-
mercial Excavallon of Building or
Construction Materials; Concrete
/latching Plants; junk Yards; Menu
lecturing or Storage of Acid, Ce-
ment, Explosives or Fireworks,
Fertilizer, Gas, Glue, Gypsum,
Inflammable Fluids, Lime or
Plaster of Paris; Refining or Stor-
age of Petroleum or its Products:
Salvage or Ware Surplus Yards:
Smelting of Iron, Tin, Zinc or
other Ores.
Service Stations
•
Retail Sales and Personal.Service
Establishments Appurtenant to
Permitted Uses or Part of a Total'
Complex.
Residential Use only when Acces
sory to Industrial or Commercial ..
Uses.
Public and Private Parks, Play
grounds, Swimming Pools, Golf
Courses, Country Clubs ,Beaches
Commercial Uses accessory to
permitted uses such as refresh-
ment stands, restaurants , sports
equipment, rental and sale.
Driving Range: Only when it
contributes to the design and /or
is necessary to the permitted
uses.
Museums, Art Galleries ,Libraries
Fire Houses,Public Utllity Sub-
stations and Electric Transmissior
Lines.
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•
5104.3 (P -D Zone).
The following regulations shall apply in the P -D, Planned Develop-
ment Zone, unless otherwise provided in this ordinance.
5104 .3.1 Uses Permitted (P -D Zone) .
In the P -D Zone the fdlloiving uses may be permitted subject to ob-
taining a Use Permit:
a. Any use which generally conforms to the Land Use Element
of the General Plan of the City.
b. Any use previously established in a P -D Zone by Use Permit
under this Ordinance may be replaced by a similar use without
obtaining a Use Permit. If the Planning Department cannot
readily determine that a proposed use is similar in nature,
the matter shall be referred to the Planning Commission for a
determination. Such determination of similar use shall be by
resolution. If said Planning Commission finds that the proposed
use is not similar in nature, a Use Permit shall be required.
5104 .3.2 Initiation of Zoning District.
Initiation of a change of Zoning District to Planned Unit Development,
or P -D District, shall be made in accordance with the provisions of Article X of
this ordinance. A General Plan and Specific Plan shall be required of the developer
and approved as required herein, before any development shall take place in any
area designated as a, "P -D" District. The designation following "P -D" shall in-
dicate the primary use approved for the property as set forth. in Section 5104.'3.4
Par. (1) .
5104.3.3 General Plan.
The General Plan shall be intended as a broad plan designed to in-
dicate the concept of the development without details. Said General Plan shall,
by means of charts, maps and text material, include the following:
27.
• •.
a. The site proposed for Planned Unit Development, including
boundary designations and perimeter of the site;
b. The location and dimensions of any existing property lines
within the site;
c. The name of the owner or owners and developers of the site;
d. The width, location and names of surrounding and adjoining 11
streets and proposed street alignments within the site, and
connections to existing streets;
e. The use of adjoining properties;
f. The existing and proposed changes in topography of the site;
g. The locations and capacities of existing utilities in the vicinity
of the site, and tentative extensions to the site;
h. The location of any structures upon the site designated for re-
tention
or removal, and tentative locations for future structures;
1. The approximate areas proposed for various categories of land
use, setting out in general terms the uses proposed and a tabular
summary of estimates of population densities and building
intensities. fl
j. Sketches showing tentative architectural concepts of the pro-
posed buildings;
k. Preliminary designations of areas for proposed open space, re-
creation, parking and other public buildings and uses, accom-
panied by a narrative description of the proposed improvements.
1. Any area designated "P -D" Zone that has received approval for
particular uses in the pastor future shall have an additional'
designation which indicates the primary use approved for the
property; for example, if land in a P -D Zone is approved for
commercial as the primary use, the zone designation shall be
P- D -(C). If for residential use, P- D -(R). If for industrial use,
P- D -(M). Any change in primary use will be subject to approval
of the Planning Commission and Council.
a
fl
The Planning Commission and City Council may require such other fl
information as deemed necessary, which may include but not be limited to, economic
11
rs. . n.<‘.
28,
n
•
• •
analyses, thoroughfare plans, public services and facilities plans and utilities
services plans.
5104;:3.4..; Upon approval of said General Plan by the City Council, after
receipt of recommendations thereon from the Planning Commission, specific plans in
conformity with the General Plan may be presented for approval. Specific plans shall
be presented, considered and approved in the same manner prescribed in Article :X.
of this ordinance, for Use Permits, except as in this Article otherwise provided.
Said plans may be presented for all or any reasonable part of the P -D area, and
shall include any or all the following items where applicable:
a. The total development plan showing the dimensions and locations
of proposed structures, buildings, streets, parking, yards, play -
grounds, school sites, open spaces and other public or private
facilities, along with the proposed uses. Said development plan
shall be in general conformity with, or in excess of, the minimum
requirements set forth in other sections of this ordinance with
respect to land uses corresponding to the land uses proposed.
Such plans shall include a detailed statement of all uses proposed
to be established, indicate the areas to be occupied by each use
and the resultant population densities and building intensities.
b. Detailed engineering site plans including proposed finished
grades and drainage facilities proposed.
c. Create other improvements or permit the use of techniques which
will produce a more desirable and livable community than can be
obtained by strict compliance with said minimum requirements.
51.04.:3.5.... Effect.
No construction or grading shall be done until both of the said Plans
have been adopted as outlined herein, provided, however, that minor grading which
is necessary for the enjoyment or safety of the existing use of any land in a "P -D"
District shall be allowed subject only to City Ordinances pertaining to grading.
•
51.04 :3.6..: Subdivision.
Where from the nature of the size, location, shape or topography of
the parcel of land or where from the nature of the improvements or development shown
on the General or Specific Plan or any combination of these factors, it appears to the
Planning Commission or the City Council that a future division of ownership or sub-
division of said parcel would be required for orderly development, the Planning Com-
mission or the City Council may require the filing of tentative and /or final subdivision
maps, as provided in the Subdivision Ordinance of the City of Morro Bay, and the
performing of any other acts required in such regulation. Where any requirement of
the Subdivision Ordinance requires any specific act of the landowner or subdivider,
the approval of any General or Specific Plan shall not become effective until com-
pliance has been made with such Subdivision Ordinance.
5:1114:3.7. Reversion.
Any land classified in the "P -D" District shall revert to its former
classification in the event that development is not commenced within one year from
the effective date of classifying said land in the P -D District, unless the Planning
Commission or City Council sets a longer.period of time in approving the reclassi-
fication.
77121";T e.ar
30.
1
1
4
• •
REGULATIONS FOR "S" (SPECIAL TREATMENT)
COMBINING DISTRICTS
PREAMBLE.
In any primary district which is combined with "S" (Special Treatment)
combining district, the following shall apply in addition to those uses and regula-
tions specified for such district, provided however, in the event of a conflict with
the regulations applicable, the provisions of this Section shall govern.
5104.4 COMBINING LOT SIZE OR " -S" DISTRICT
5104.4.1 Scope and Purpose
The regulations in this district are designed to provide maximum utiliza-
tion and special treatment of land where the land or regulations pertaining to property
are proposed to be used or established for a specific use in any of the following
situations, among others:
a. The reservation of major parcels for specific uses in a newly
created subdivision.
b. The rezoning of land as a result of a specific proposal related to
the preservation of neighborhood character or the maximum reason-
able utilization of property.
c. The preservation of uniform architectural, structural, or physical
characteristics.
5104.4.2 Standards
In order that buildings, structures, signs, yard areas and landscaping
will be developed in an orderly and uniform manner and will be in harmony with other
structures and improvements in the area and not of obnoxious, undesirable or un-
sightly appearance, the following sub - classifications of the "S" District shall apply
within the district:
a. Special building site and yard width requirements.
" -S.1" District
M inimum
feet.
Minimum
Minimum
Minimum
Minimum
Minimum
unit.
building site required, twenty -four hundred (2400) square
lot width required at property line, forty (40) feet.
front yard required, ten (10) feet.
side yard required, three (3) feet.
rear yard required, five (5) feet.
off -street parking required, one (1) garage or carport per
31.
• •
" -S.2" District
Minimum building site required, four thousand (4,000) square feet.
Minimum lot width required at property line, forty (40) feet.
Minimum front yard required, twenty (20) feet. fl
Minimum side yard required, ten (10) per cent of the width of the
lot, to a maximum of five (5) feet.
Minimum rear yard, five (5) feet. a
" -S.3" District
0
a
" -S.4" District
Minimum building site required, ten thousand (10,000) square feet.
Minimum lot width required at property, line, eighty (80) feet.
Minimum front yard required, twenty -five (25) feet. •
Minimum side yard required, as specified in the district with which
the " -S .3" District is combined.
Minimum building site required, twenty thousand (20,000) square
feet.
Minimum lot width required at property line, one hundred (100) feet.
Minimum front yard required, twenty -five (25) feet.
Minimum side yard required, as specified in the district with which
the " -S.4" District is combined.
" -S.5" District
1
13
a
Minimum building site required, one (1) acre..0
Minimum lot width required at property line, one hundred fifty (150)
feet. 0
Minimum front yard required, thirty (30) feet.
Minimum side yard required, as specified in the district with which
the " -S.5" District is combined.
b. Uses added or deleted from the primary district:
0
" -S.6" District
Any uses permitted or permitted subject to first securing a use per-
mit a
may be added to or deleted from the district when specified in
the adopting resolution.
c. Alternate height, bulk and area of building requirements.
' -S.7" District
Alternate requirements relating to height, bulk and minimum area of
buildings may be established within the primary zone when specified p
in the adopting resolution.
32.
El
• •
d. Architectural, landscaping, lighting and other special requirements.
1 " -S.8" District
Special architectural, landscaping, lighting and other special treat -
1 ment requirements may be added to the primary•zone when specified
in the adopting resolution.
1 e. Combination of special treatment requirements.
" -S .9" District
A combination of any of the above listed special treatment require-
' ments maybe established in the adopting resolution.
5104.4.3 Procedure
1
1
1
1
1
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 Director,
who may approve or disapprove special plans if he finds that they are or are not con-
sistent with the purposes of this section and the adopted Planning Commission policies.
If the Planning Director finds the plans not to be in strict compliance with the ordinance
or policies adopted by the Planning Commission he shall thereafter present said plans
to the Planning Commission for approval, approval on condition, or disapproval. Ap-
proval of the Planning Commission shall thereafter constitute authority for the issuance
of a permit.
5104.4.4 Appeal to the City Council
In case the applicant is not satisfied with the action of the Planning
Commission he may, within thirty (30) days after such action, appeal in writing to the
City Council. Said Council shall hold a hearing on the appeal and shall render its
decision thereon. No building permit shall be issued unless plans filed as required
have first been approved by the designated authority.
33.
• •
ARTICLE V.
5105. OFF - STREET PARKING AND LOADING FACILITIES
5105.1 Purposes
In order to alleviate or to prevent traffic congestion and shortage of curb
spaces, off - street parking and loading facilities are required to be provided incidental
to new land uses and major alterations and enlargements of existing land uses. The
number of parking spaces and the number of loading berths prescribed in this Article '
or to be prescribed by the Planning Commission shall be in proportion to the need for
such facilities created by the particular type of land use. Off -street parking and
loading areas are to be laid out in a manner which will assure their usefulness, pro-
tect the public safety and, where appropriate, insulate surrounding . land uses from
their impact.
5105.2 Off - Street Parking Facilities Required:
5105.2.1 At the time of initial occupancy of a site or of construction of a structure
or of change of land use or enlargement of a site or structure, there shall be provided
off - street parking facilities for automobiles in accordance with the regulations pre-
scribed in this Article. A change of land use or an addition which would increase
the number of parking spaces required as provided in this ordinance shall be based
only upon the number of spaces required for the change or addition.
5105.2.2 If more than one (1) use is located on a site or within a building, the
number of parking spaces provided shall be equal to the sum of the requirements
prescribed in this Article for each use.
5105.2.3 For a use which operates on two (2) or more shifts and the number of
required off - street parking spaces is determined by the number of employees, the
number of required off - street parking spaces shall be determined by the sum of the
number of employees on the largest shift.
5105.2.4 The off - street parking facilities requirements of this Article may be
satisfied by the permanent allocation of the prescribed number of spaces for each
use in a common parking facility, provided that the total number of spaces shall
be not less than the sum of the individual requirements, and provided further that
an executed copy of a contract between the parties concerned- setting forth the
agreement to joint use of a common parking facility is filed with the application
for a certificate of occupancy.
5105.2.5 Cooperative parking lots, where all uses are not known at the time of
acceptance of the proposal, shall be calculated on the basis of 2 1/2 square feet
of parking lot space to 1 square foot of floor space.
34. n
• •
5105.2.6 The off - street parking requirements of this Ordinance may be reduced,
provided any affected property lies within a special off - street parking assessment
district and upon determination by the Planning Commission and City Council that
adequate parking has been provided in accordance with the intent of this Ordinance,
and that such parking is equitably allocated to all properties within the assessment
district.
5105.3 Standards for Off-Street Parking Facilities
. 5105.3.1 Off- street parking facilities provided in compliance with Section 5105.2
shall meet the following standards:
a. Each parking space shall be not less than twenty (20) feet in length and
eight and one -half (8 1/2) feet in width, exclusive of aisles and access
drives, except that a parking space required to be located in a garage
or carport shall be not less than twenty (20) feet in length and ten (10)
feet in width.
b. Aisles and access drives for access, turning and maneuvering of vehicles
shall be provided on the site in conformity with the following:
1. Access drives providing for vehicular traffic in one (1) direction
and access drives to perking facilities for a single - family dwelling
shall have a width of not less than ten (10) feet.
2. Access drives providing for vehicular traffic in two (2)' directions
shall have a width of not less than twenty (20) feet.
3. One (1) access drive providing access to ten (10) or more parking
spaces shall have a width of not less than twenty (20) feet.
No off - street parking area shall be designed or laid out so as to require
the operator of a vehicle to drive upon any portion of a street in order to
drive or maneuver from one aisle of the off - street parking area to another
aisle.
d. Each parking space shall be accessible from a street or alley.
e. Entrances and exits shall be provided at locations as approved by the City
Engineer.
f. Bumper rails or curbs shall be provided where needed for safety or to
protect property.
35.
... �-,., �, , k�
• • 0
g. If the parking area is illuminated, lighting shall be deflected away from 0
abutting streets and residential sites so as to cause no dangerous or
annoying glare.
5105.3.2 Off- street parking lots or parking areas for more than five (5) vehicles
shall be effectively screened on each side which adjoins or faces premises situated 11
in any "R" District or public building, by a masonry wall or solid fence of acceptable
design. Such wall or fence shall be not less than six (6) feet in height provided such
wall or fence shall be thirty -tix inches (36 ") high from the front property line to a fl
depth equal to the required front yard on the abutting "R" Zone property and shall be
maintained in good condition without any advertising thereon. The space between
such wall or fence and the side lot line adjoining premises on the front lot line facing
premises in any "R" District shall be landscaped with grass, hardy shrubs or ever-
green ground cover and maintained in good condition.
.5105.3.3 In an "R" District, a parking area shall not be located in a required side
yard adjoining a street on a corner site, or in a required rear yard on a double frontage
lot
5105.3.4 For each dwelling unit, the required off - street parking requirements shall
be contained within a garage or carport. In addition, 150 cubic feet of enclosed
storage space shall be provided within each garage or carport of an apartment build-
ing unless the Building Official approves an alternate location. a
5105.3.5 Any off - street parking lot or parking area shall be surfaced with an
asphaltic or Portland Cement binder pavement or comparable material so as to provide 0
a durable and dustless surface, and shall be so graded and drained as to dispose of
all surface water accumulated within the area, and shall be so arranged and marked
as to provide for orderly and safe loading or unloading and parking and storage of
vehicles.
5105.3.6 Any public or private parking lot serving a "0 ", "M" or "P -D" District
situated in any "R" District shall not provide for ingress and egress through an abut-
ting "R" District.
5105.4 Off- Street Loading Facilities Required fl
At the time of initial occupancy of a site or of construction of a structure
or of a land use or enlargement of a site or structure, there shall be provided off -
street loading facilities for trucks in accordance with the regulations prescribed in
this section. A change of land use or an addition which would increase the number
of loading berths required as provided in this ordinance shall be based only upon
the number of spaces required for the change or addition.
36.
0
0
"r^'"'"7"
1
Off - street loading berths in addition to those prescribed in this section
shall be provided if the Planning Commission finds that such additional berths are
necessary, to assure that trucks will not be loaded, unloaded or stored on public
streets. A finding of the Planning Commission shall be based on an investigation
of the anticipated frequency of truck picktups and deliveries and of the truck
storage requirements of the use for 'Which the off - street loading berths are required.
5105.5 Standards for Off -Street Loading Facilities
1 Off - street loading facilities provided in compliance with Section 5105.3
shall meet the following standards:
1 a. Each loading berth shall be not less than forty -five (45) feet in length
and twelve (12) feet in width and shall have an overhead clearance of
not less than fourteen.(14) feet, except that for mortuaries, cemeteries,
columbariums and crematories, a loading berth used exclusively for
hearses shall be not less than twenty -four (24) feet in length and ten
(10) feet in width and shall have an overhead clearance of not less than
eight (8) feet.
I b. 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.
Ic. Each loading berth shall be accessible from a street or alley.
1 d. ` Entrances and exits shall be provided at locations approved by the City
Engineer.
1 e. The loading area, aisles and access drives shall be paved so as to pro-
vide a durable, dustless surface and shall be so graded and drained as
to dispose of surface water.
f. Bumper rails or curbs shall be provided where needed for safety or to
protect property.
g. 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.
e h. A loading area shall not be located in the required front, side or rear
yard in any district. Except in the "M" District, a loading area lo-
cated outside of a building shall be screened from public view by a
e solid wall or fence, a vine- covered chain -link fence or chain -link
fence with slats, or a compact evergreen hedge (with solid gates where
necessary), not less than six (6) feet in height.
i
e
37.
i. No repair work or servicing of vehicles shall be conducted in a loading
area .
5105.6 Reduction of Off - Street Parking and Loading Facilities
No off - street parking facility or off -street loading facility provided for
a use of land or structure in compliance with Sections 5105.1 and 5105.3 shall be
reduced in capacity or in area without sufficient additional capacity or additional
area being provided to comply with the regulations of this Article.
5105.7 Designation of Off -Site Off - Street Parking & Loading Facilities
When off - street parking facilities or off - street loading facilities are
provided, in compliance with the requirements of this Article, on a site other than
the site on which the use or structure to be served by the parking or loading facilities
is located, an indenture shall be recorded in the office of the County Recorder de-
signating the off- street parking facility or the off - street loading facility and the use
or structure to be served, with legal descriptions of both sites, and certifying that
the off - street parking facility or the off - street loading facility shall not be used
for any other purpose unless the restriction is removed by resolution of the Planning
Commission. No certificate of occupancy shall be issued until a certified copy of
the recorded indenture has been filed with the Building Official. Upon submission
of satisfactory evidence that other off - street parking facilities or off - street loading
facilities have been provided in compliance with the requirements of this Article or
that the use has ceased or that the structure has been removed or altered so as no
longer to require the off - street parking facility or the off - street loading facility, the
Planning Commission shall by resolution remove the restriction.
5105.6 Parking Standards
The following tables shall be used to determine parking requirements for
any type of use. If a use is specified and is not among those listed on the following
pages, the Building Official shall determine which uses are most comparable in
traffic performance characteristics and apply those standards to the proposed use.
Use of Tables
a. Column 1 is normally used.
b. Column 2 must be substituted for Column 1 when more parking spaces
result.
c. Column 3 is used in addition to either Column 1 or Column 2.
d. Column 4 must be substituted for Columns 1, 2 and 3 when parking is
located on a cooperative parking lot such as in shopping centers, in-
dustrial parks, etc. Ratio is square footage of parking lot space to
square footage of floor space.
e. Loading space is calculated on the basis of square foot of loading space
to square footage of storage room space.
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5106.
5106.1
Article IV
contained
ARTICLE VI.
GENERAL PROVISIONS, CONDITIONS AND EXCEPTIONS
All regulations in this ordinance pertaining to the districts established in
di
hereof are subject to the general provjsions ,. conditions and exceptions
in this Article.
5106.2 If any ambiguity arises concerning the appropriate classification of a
particular use within the meaning and intent of this ordinance, or with respect to
matters of height, area requirements or zone boundaries as set forth herein, the
Planning; Commission . shall ascertain all pertinent facts and by resolution set forth
its findings and interpretations. Said resolution shall be transmitted to the City
Council and approved by the Council. Thereafter such interpretation shall govern,
except if the City Council of the City of Morro Bay directs the Planning, Commission
to adopt a different interpretation.
5106.3 All of the uses listed in this Section, and all matters directly related
thereto are declared to be uses possessing characteristics of such unique and
special forms as to make impractical their inclusion in any class of use set forth
in the various districts herein defined, and therefore the authority for a location
of the operation of any of the uses designated herein shall be subject to the issuance
of a Use Permit in accordance with the provisions of Article X. hereof, the Plan-
ning Commission shall consider the following additional factors to determine that
the characteristics of the listed uses will not be unreasonably incompatible with
42.
uses permitted in surrounding areas: (1) damage or nuisance from noise, smoke,
odor, dust, or vibration; (2) hazard from explosion, contamination or fire; (3) hazard
occasioned by unusual volume or character of traffic or the congregating of a large
number of people or vehicles; (4) height of structure. The uses referred to herein
are as follows:
a. Airports and landing fields;
b. Cemeteries;
c. Columbarium, crematories, or mausoleums;
d. Establishments or enterprises involving large assemblages of people
or automobiles as follows:
(1) Amusement parks and race tracks
(2) Circus or carnivals
(3) Open air theaters
(4) Public buildings, parks, and other public recreational facilities
(5) Recreational facilities, . privately operated
e. Public utility facilities, including but not limited to communications
equipment building, water wells,. substations, and electrical generating
plants;
f. Radio or television transmitters;
g. Refuse dumps and disposal;
h. Hospitals and sanitoriums;
1. Institution of philanthropic or charitable nature;
The mining of natural mineral resources, together with the necessary
, buildings and appurtenances incident thereto;
43.
• •
k. Removal or deposit of earth other than in connection with excavations or
deposits in connection with construction or building, roadways, or public
or home improvements.
5106.4 Accessory buildings shall be constructed with, or subsequent to the con-
struction of the main building.
0
5106.5 Public utility distribution and transmission line towers and poles, and
underground facilities for distribution of gas, water, communications and electricity
shall be allowed in all districts without limitations as to height or without obtaining
a Use Permit therefor, provided however, that all routes of proposed gas, water,
communication and /or electrical transmission lines shall be submitted to the City
Planning Commission for their recommendation. Such recommendation shall be
received at least sixty (60) days prior to acquisition of rights -of -way therefor.
5106.6 Travel trailers, or camp cars shall be used for human habitation or
occupied for living or sleeping quarters only when installed within a licensed
trailer court, trailer park or mobilehome park. Travel trailers or camp cars or
boats maintained upon any lot, piece or parcel of land, other than a trailer court,
•trailer park or mobilehome park, shall comply with the following conditions:
a. Such vehicle or boat shall not be maintained in any required front yard.
b. Such vehicle or boat shall not be used for sleeping quarters nor any
sanitary or cooking facilities contained therein be used.
44.
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5106.7 Where chimneys, silos, cupolas, flag poles, monuments, gas
storage holders, radio and other towers, water tanks, church steeples and similar
structures and mechanical appurtenances are permitted.in a district, height limits
may be exceeded upon the securing of a Use Permit in each case.
•5106.8 In any "R" District where a Use Permit is secured for an increased
.height limit, the front, 'side and rear yards shall each be increased.by one (1) foot
• for each one (1) foot by which the building exceeds the height limit hereinbefore
specified for such use.
5106.9 In any district with a height limit of less than seventy -five (75)
feet, public and semi - public buildings, schools, churches, hospitals and other
institutions permitted in such districts may be erected to a height not exceeding
seventy -five (75) feet, provided that the front, rear and side yards shall be in-
creased one (1) foot for each one (1) foot by which such building exceeds the
height limit hereinbefore established for such district.
5106.10 Upon securing a Use Permit, any building in any "C" or "M" Dis-
trict may be erected to a height exceeding that herein specified for such dis-
trict, provided that the cubical contents of the building shall not be increased
beyond that possible for a building erected within the height limit hereinbefore
specified.
45'..
•
Fences, hedges and walls may be erected in any district subject
to the following conditions:
a. Fences, walls and hedges, fifty percent (50 %) or more of
the surface of which is open to the passage of air, not ex-
peeding four (4) feet in height may occupy any required yard
area.
b. Solid fences, walls and hedges not exceeding three (3) feet
in height may occupy any required yard area.
c. Fences, walls and hedges not exceeding six (6) feet in
height may occupy any side or rear yard area, provided:
(1) That such does not extend into any front yard.
(2) That, in the case of a corner lot, such do not extend
into the side yard required along a side street or into
that portion of the rear yard abutting such side street
which is equal to the width of the side yard required
on said side street.
d. Fences or structures exceeding six (6) feet in height to en-
close commercial or industrial uses, tennis courts or similar
areas, when such fences enclose the rear half of a lot, may
be erected subject to the obtaining of a Use Permit therefor.
e. Fence surrounding swimming pool - Maximum allowable
height, six (6) feet.
46.
5106.12 Architectural features on the main building, such as cornices, eaves
and canopies may not extend closer than six (6) inches to any side lot line. Eaves
and canopies may extend a maximum of four (4) feet into the required front yard.
Fire places, not exceeding eight (8) feet in breadth, may extend not closer than
three (3) feet to any side lot line.
510,6.1:3 . Open, uncovered raised porches,landing places or outside stairways
may project not closer than three (3) feet to any side lot line, and not exceeding
six (6) feet into any required front or rear yard.
'.5106.14 Whenever an Official Plan Line has been established for any street
or proposed street,yards required by this Ordinance shall be measured from such
Plan Line and in no case shall the provisions of this Ordinance be construed as
permitting any encroachment upon any Official Plan Line.
,5106.1$ Where an accessory building is attached to the main building, it
shall be made structurally a part of and have a common roof with the main building,
and shall comply in all respects with the requirements of this Ordinance applicable
to the main building. Unless so attached, an accessory building in an "R" District
shall be located on the rear one -half (1/2) of the lot and at least eight (8) feet
from any dwelling building existing or under construction on the same lot, or any
adjacent lot. Such accessory building, when used as a garage, shall not be lo-
cated within five (5) feet of any alley or, in the case of a corner lot, to project
beyond the front yard required or existing on the adjacent lot. but may extend,:
to within one foot of the line.. Notwithstanding.•any requirements in the .
Ordinance in cases where the elevation of the front half of the lot at a point fifty=
47.
•
•
(50) feet from the center line of the public right -of -way is seven (7) feet above or
below the grade of said center line a private garage, attached or detached, may be
built to within five (5) feet of the front line of the lot. Residential garage entrances
fronting on any lot line shall be located not less than twenty (20) feet from said
lot line.
5106.16 Swimming Pools in R -1 and R -2 Districts shall be constructed on the
rear one -half (1/2) of the lot or fifty (50) feet from the front property line, which-
ever is the less; such pools shall not be located closer than five (5) feet to any
rear lot line or side line. On the street side of any corner lot, where the rear lot
line abuts a side lot line, no pool shall be located closer than ten (10) feet to such
side lot line.
Filter and heating systems for such pools shall not be located closer
than twenty -five (25) feet to any dwelling other than the owner's.
No pool shall occupy over 40% of the required rear yard. Coverage by
a swimming pool shall not be considered in measuring maximum lot coverage.
5106.17 In R -1 Districts, where four (4) or more lots in a block have been im-
proved with buildings at the time of the passage of this ordinance (not including
accessory buildings) , the minimum required front setback shall be the average of
the improved lots, if said setback is less than the stated requirements of the
districts.
5106.18 The width of side yards for dwellings constructed on lots of less than
stated widths may be reduced to ten (10 %) percent of the width of such parcel,
but in no case to less than three (3) feet.
48.
5106.19 Dwelling groups shall be constructed so that the following minimum
distances are provided:
(1)
Minimum distance between buildings shall be not less
than one -half (1/2) the sum of the heights of the two
buildings, and in no case less than ten (lp) feet.
(2) Minimum of ten (10).feet between side yard line and
access side of single row dwelling groups.
(3) Minimum of twenty (20) feet between access side of
buildings in double rows .
• 5106.20 In case an application is made for a use permit for any building or
structure in any "C ", "M ", "R -3" or "R -4" District, said application shall be
accompanied by architectural drawings or sketches, showing the elevations of
the proposed building or structure and site plans showing proposed landscape
or other treatment of the grounds around such building or structure. Such draw-
ings, sketches, and site plans shall be considered by the Planning Commission in
an endeavor to provide that the architectural and general appearance of such build-
ings or structures and grounds be in keeping with the character of the neighbor-
hood and such as not to be detrimental to the orderly and harmonious development
of the city, or to impair the desirability of investment or occupation in the neigh-
borhood.
5106.21 The Planning Commission may appoint an Architectural Committee of
three of its members which shall exercise the architectural considerations pro-
vided for in Section 5106.20.
5106.22 No use permit shall be issued in any case where architectural con-
sideration is required until such drawings or sketches have been approved by the
Planning Commission and all buildings, structures and grounds shall be constructed
and improved in accordance with approved drawings or sketches.
49:.
•
5106.23 Condominium
5106.23.1 A condominium is an estate in real property consisting of an un-
divided interest in common in a portion of a parcel of real property, together with
a separate interest in fee in space in a residential, industrial or commercial
building on such real property, such as an apartment house, office or store. A
condominium may include, in addition, a separate interest in any other portions of
such real property.
5106.23.2 Condominium developments, either new structures or the conversion
of existing structures originally built for sale or lease, shall be allowed in any dis-
trict, upon the securing of a Use Permit as provided in Article X. of this ordinance,
and further proyided that:
(a) Regulations governing use, building height, required yards,
building separation, signs and off -street parking, and other explicit regulations
where applicable, shall be those of the Zoning District within which the develop-
ment site is located.
(b) Residential condominiums shall be classified as follows:
1. Horizontal - one in which single family dwelling units
are constructed either as separate structures, or as self - contained units within
a common structure having individual entrances and utility connections, no opening
50.
•
in any wall common to two or more units, and no part of any unit on top of any
part of any other unit.
2. Vertical - any duplex, triplex or apartment house, as
defined in the Uniform Building Code, in which any part of any dwelling unit is on
top of any part of any other dwelling unit.
(c) Maximum allowable density in any residential condominium
in-the "R -1" District shall be: One unit for every 6,000 square feet of gross area.
Maximum allowable density
in the "R -2" District shall be: One unit for every
in the "R -3" District
Maximum allowable density
shall be: One unit for every
Maximum allowable density
in the "R -4" District shall be: One unit for every
in any residential condominium
2,500 square feet of gross area.
in any residential condominium
1,600 square feet of gross area.
in any residential condominium
1,200 square feet of gross area.
(d) "Gross Area" as used in this section shall mean the total
area of the development site; including all areas held in common, and private
streets and roads, but not public streets, alleys, or other public areas.
(e) In all residential condominiums the outdoor common area, ex-
clusive of all structures, shall contain an area having a slope of not more than ten
(10 %) percent, and a minimum area per unit as follows:
51.
1
square feet per unit.
•
1. For horizontal condominiums: One thousand (1,000)
2. For vertical condominiums:
(a) Where structures average two stories or less: Five
bTundred (500) square feet per unit.
(b) Where structures average more than two stories:
Four hundred (400) square feet per unit.
The requirements of this section may be met in whole or
part by any equivalent open ground area which is a part of the fee to any individual
condominium.
(0
In any condominium in which residential uses are proposed
in any "R" District, the main structures shall be separated from any other main
structure on the same lot by a distance of not less than one -half (1/2) the sum of
the heights of the two buildings, and in no case less than ten (10) feet.
(g) The side yard setback of any residential main structure on
any condominium lot on a public street shall be five (5) feet if the distance be-
tween the front lot boundary and the rear lot boundary is one hundred (100) feet
or less, and ten (10) feet if the distance between the front lot boundary line and
the rear lot boundary is over one hundred (100) feet.
(h) Application for a Use Permit shall be accompanied by:
1. Map, to a workable scale, showing the site in relation
to surrounding property, existing roads and other existing improvements.
52.
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2. Site plan, showing proposed improvements, locations of
buildings on the ground, orientation of buildings, utilities, public services, public
facilities, streets and alleys, landscaping and the boundaries of the project.
3. Drawings showing how airspace is to be divided within
the condominium.
4. Copy of the tentative subdivision map.
5. Floor plans and elevations of all proposed buildings and
structures.
6. Any information deemed necessary or desirable in assis-
ting the Board of Adjustments in its determination on the use permit and the conditions
thereof.
7. A copy of the declaration of restrictions, and proposed
management arrangement, relating to the project as required by Section 1355 of the
Civil Code.
(i) It is the express intent of the City of Morro Bay to apply the
foregoing regulations to condominiums , community apartments and similar type de-
velopments, whether cluster, town house-or vertical design, because the permanent
ownership or interest in individual dwelling units, or the airspace occupied thereby,
renders these developments essentially different in nature from developments or
buildings in which dwelling units are rented or leased.
53.
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5106.24 Building Lines 0
The following setbacks shall be required when any land borders
on a major or collector street as designated on the officially adopted Street and
Highway Plan element of the General Plan, or any local street except those streets
officially designated as a width less than 56 feet.
Front, side or rear yard abutting Highway or Street - Measured
from Center Line: p
Building Line for Building Line Building Line
LOCAL OR COLLECTOR MAJOR MAJOR
HIGHWAY HIGHWAY HIGHWAYS
DISTRICT (56' R/W) (64' C &M Dists.) (64' R/W) (84' R/W)
Front Side Rear Front Side Rear Front Side Rear
R -A 48' 38' 38' 52' 42' 42' 62' 52' 52'
R -1 48' 38' 38' 52' 42' 42' 62' 52' 52'
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Dedication of land required for development of a major or secondary
street shall be required at time of the subdivision of any land, or where no subdi-
vision is involved, at time of development. Improvement shall be required as a
condition of any Use Permit or Variance and preceding any change of land use.
R -2 48' 38' 38' 52' 42' 42' 62' 52' 52'
R -3 43' 38' 43' 47' 42' 47' 57'.. 47' 57'
R -4 , 43' 38' 43' 47' • 42' 47' 57' 47' 57'
0-A. 48' 38' 38' 52' 42' 42' 62' 52' 52'
P -D 48' 38' 43', 52'. 42' 42' 62' 52' 52'
C-1-N 42' • 32' 32' ' 42' 32' 42' 52' 52' 52'
C-1 • 32' 32' 32' 32' 32' 32' 42' 42' 42'
C-2 32' 32' 32' 32' 32' 32' 42' 42' 42'
.0 -H 32' 32' 32' 32' 32' 32' 42': 42' 42'
M-1 57' 42' 42' 57' 42' 42' 67' 52' 52'
M-2 32' 32' 32' 32' 32' 32' 42' 42' 42'
54.
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ARTICLE VII.
5107. PERFORMANCE STANDARDS
5107.1 FIRE AND EXPLOSION HAZARDS
All activities involving, and all storage of, flammable and explosive .
materials shall be provided with adequate safety devices against the hazard of
fire and explosion and adequate fire- fighting and fire - suppression equipment and
devices standard in industry and as approved by the Fire Department. All incinera-
tion is prohibited.
5107.2 RADIOACTIVITY OR ELECTRICAL DISTURBANCE
Devices which radiate radio- frequency energy shall be so operated as
not to cause interference with any activity carried on beyond the boundary line
of the property upon which the device is located. Further, no radiation of any kind
shall be emitted which is dangerous to humans.
5107.3 NOISE
At the lot line the maximum sound pressure level radiated in each
standard octave band by any use or facility (other than transportation facilities
or temporary construction work) shall not exceed the values for octave bands
lying within the several frequency limits given.in Table I, after applying the cor-
rection shown in Table II. The sound pressure level shall be measured with a
Sound Level Meter and associated Octave Band Analyzer, conforming to standards
prescribed by the American Standards Association. (American Standard Sound Level
Meters for Measurement of Noise and Other Sounds, Z24.3 -1944, American Standards
Association, Inc., New York, N.Y. and American Standard Specifications for an Octave-
-
55.
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Band Filter Set for the Analysis of Noise and Other Sounds, Z24.10 -1953, American 11
Standards Associations, Inc., New York, N.Y. shall be used.) Q
TABLE I.
a
FrequencyRange Containing Octave Bands Octave Band Sound Pressure Level
In Cycles Per Second In Decibels re 0.0002 dyne /cm 2
20 - 300 60
300 - 2400 40
above 2400 30
If the noise is not smooth and continuous and is not radiated between the hours of
10:00 p.m., and 7:00 a.m. , one or more of the corrections in Table II shall be ap- a
plied to the Octave Band Levels given in Table I.
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TABLE II.
Type of Location of Operation or Correction in Decibels
Character of Noise
1. Daytime operation only Plus 5
2. Noise source operate less than:
a . 20% of any one -hour period Plus 5
b. 5% of any one -hour period Plus 10
(Apply one of these corrections only.)
3. Noise of impulsive character such as hammering -5 fl
4. Noise of periodic character such as hammering Q
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0
or screeching
-5
56.
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5107.4 VIBRATION:
No vibration shall be permitted so as to cause a noticeable tremor,
measurable without instruments at the lot line.
5107.5 SMOKE:
No emission shall be permitted at any point from any chimney or
otherwise of visible grey smoke or of a shade equal to or darker than No. 2 on
the Power's MicroRinglemann Chart published by the McGraw -Hill Publishing Co.,
Inc. and copyright 1954 (being a direct facsimile reduction of a standard Ringlemann
Chart as issued by the United States Bureau of Mines) except that visible grey smoke
of a shade equal to No. 3 on said chart may be emitted for four (4) minutes in any
thirty (30) minutes.
5107.6 ODORS:
No emission shall be permitted of odorous gases or other odorous
matter in such quantities as to be readily detectable when diluted in the ratio of
one volume of odorous air to four volumes of clean air, at the lot line. Any pro-
cess which may involve the creation or emission of any odors shall be provided
with a secondary safeguard system so that control will be maintained if the pri-
mary safeguard system should fail. There is hereby established as a guide in de-
termining such quantities of offensive odors, Table III, "Odor Thresholds ", in
Chapter 5, "Air Pollution Abatement Manual ", copyright 1951 by Manufacturing
Chemists" Association, Inc., Washington, D.C.
57.
• • E
5107.7 FLY ASH, DUST, FUMES, VAPORS, GASES, AND OTHER FORMS OF
AIR POLLUTION'
animals, vegetation, or other forms of property, or which can cause any excessive
No emission shall be permitted which can cause any damage to health,
soiling at any point. No emission shall be permitted in excess of the standards
specified in Table I, Chapter 5, "Industrial Hygiene Standards, Maximum Allow-
able Concentrations" of the "Air Pollution Abatement Manual", copyright 1951 by
Manufacturing Chemists' Association, Inc., Washington, D.C. In no event shall
any emission, from any chimney or otherwise, of any solid or liquid particles in C
concentrations, exceed 0.3 grains per cubic foot of the conveying gas at any point.
For measurement of the amount of particles in gases resulting from combustion,
standard corrections shall be applied to a stack temperature of 500 degrees Fahren- p
heat and fifty (50) percent excess air.
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5107.9 LIQUID OR SOLID WASTES
5107.8 GLARE
No direct or reflected glare, whether produced by flood light, high
temperature processes such as combustion or welding, or other processes, so as
to be visible from any boundary line of property on which the same is produced
shall be permitted.. Sky - reflected glare from buildings or portions thereof shall be
so controlled by such reasonable means as are practical to the end that the said
sky - reflected glare will not inconvenience or annoy persons or interfere with the
use and enjoyment of property in and about the area where it occurs.
No discharge at any point into any public sewer, private sewage fl
disposal system, or stream, or into the ground, of any materials of such nature a
58.
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or temperature as can contaminate any water supply, interfere with bacterial
processes in sewage treatment, or otherwise cause the emission of dangerous or
offensive '-elements, shall be permitted, except in accord with standards approved
by the California Department of Public Health or such other governmental agency
as shall have Jurisdiction of such activities.
59.
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ARTICLE VIII.
• 5108. NONCONFORMING USES a
5-108..1 Except as otherwise provided in this Article, uses of land, build-
a
a
a
a
the district in which such land or building. is located except as hereinafter.provided . p
ings, or structures existing at the time of the adoption of this ordinance may be
continued, although the particular use, or the building or structure does not con-
form to the regulations specified by this ordinance for the district in which the
particular building or structure is located or use is made; provided, however, no
nonconforming structure or use of land may be extended to occupy a greater area
of land, building or structure than is occupied at the time of the adoption of this
ordinance. If any nonconforming use is discontinued or abandoned, any subse-
quent use of such land or building shall conform to the regulations specified for
If no structural alterations are made therein, a nonconforming use of a nonconforming
building may be changed to another use of the same or more restrictive classifica-
tion upon the securing of a Use Permit. If the nonconforming use is replaced by a
more restrictive use, the occupancy thereafter may not revert to a less restrictive
use. If any use is wholly discontinued for any reason except pursuant to a valid
order of a court of law for a period of one (1) year, it shall be conclusively presumed
that such use has been abandoned within the meaning of this ordinance, and all
future uses shall comply with the regulations of the particular district in which
the land or building is located.
60.
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II
e08 , 2 If any lands , upon which no building or structure of any kind is
' located, are used for a purpose which is not in compliance with the regulations
of the district where such lands are located, such use may continue for a period
of three (3) years from the date of the adoption of this ordinance. After the ex-
piration of the aforementioned three (3) year period, such lands shall be used only
in conformance with the regulations of the district in which .theyr.are located.
5108.3 Any building or structure existing at the date of the adoption of
this ordinance which is nonconforming either in use, design or arrangement shall
not be enlarged, extended, reconstructed or structurally altered unless such en-
largement, extension, reconstruction or alteration is in compliance with the reg-
Aulations set forth in this ordinance for the district where such building or struc-
1 ture is located; provided however, any such nonconforming building or structure
may be maintained, repaired or portions thereof replaced so long as such repairs
or replacements do not exceed twenty -five (25 %) percent of the building's assessed
1 valuation, as shown on the latest assessment ro1,1. of the City of Morro Bay.
1 5108.4 A nonconforming building destroyed to the extent of more than fifty
(50 %) percent of its reasonable value at the time of its destriction by fire, explo-
sion, or other casualty or Act of God, maybe restored and used only in compli-
1 ance with the regulations existing in the district wherein it is located.
e5108.5 REMOVAL OF NONCONFORMING STRUCTURES
Any structure which does not conform to the regulations of the dis-
trict in which it is located, and which had an assessed valuation of $500 or less
aat the time it became non - conforming, shall be removed, or altered or reconstructed
61.
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to be structurally conforming, within five years from the time the structure became
non - conforming. The Building. Inspector shall cause notice to be given to the owners
of any such structure at least one year prior to the time removal or alteration.is
required to be completed and removal or alteration shall not be required to be com-
pleted until such one year period has lapsed.
5108,6 The foregoing provisions of this Article shall apply to structures,
land, and uses which hereafter become non - conforming due to redistricting of any
lands under provisions of this ordinance.
.62,
ARTICLE :D ::.
5109. BOARD OF ZONING ADJUSTMENT
5109;.1 The Planning Commission may create.a:Board.oLZonigg :Adjustment: for- -.
the City. of Morro Bay, hereinafter referred to in this Article as the "Board?:
5109.2 The Board shall consist of threeb(3) members appointed from the mem-
bership of the City Planning Commission by resolution of said Commission.
5L09.3 Prior to the adoption of the resolution appointing the first members
of said Board, the City Planning Commission as a whole shall constitute such
Board, with all the powers and duties thereof.
5109.9 The: term of office of the members of said Board shall be one (1) year,
provided that the first members appointed shall serve as follows: One (1) for six
(6) months, one (1) for one (1) year and one (1) for eighteen (18) months .
5109.5 The City Planning Commission shall fill any permanent vacancy of
said Board for the Unexpired term.
5109.6 The Board shall hear and decide the following matters:
a. Applications for variances
b. Applications for use permits
c. Appeals from administrative acts, where it is alleged by the
appellant that there is error in any order, requirement, permit,
decision or determination made by an administrative official
in the administration or enforcement of this ordinance.
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(1) In deciding said appeals, the Board may reverse or affirm,
wholly or partly, or may modify the order, requirement,
decision or determination appealed from, and may make
such order, requirement, decision or determination as
should be made, and, to that end, shall have all the pow-
ers of the officer from whom the appeal is taken.
(2) Appeals to the Board of Adjustment may be taken by any
person aggrieved, or by any officer, department, board
or bureau of the city affected by any decision of the ad-
ministrative official. Such appeal shall be taken within
ten (10) days following said decision by filing with the
officer from whom the appeal is taken, and with the Board
of Adjustment, a notice of appeal specifying the grounds.
The officer from whom the appeal is taken shall forthwith
transmit to the Board all of the papers constituting the re-
cord upon which the action appealed from was taken.
(3)
An appeal stays all proceedings in furtherance of the action
appealed from, unless the officer from whom the appeal is
taken certifies to the Board of Adjustment, after notice of
appeal shall have been filed with him that, by reason of
facts stated in the certificate, a stay would, in his opinion
cause imminent peril to life and property. In such case
proceedings shall not be stayed except by a restraining
order which may be granted by the Board of Adjustment or
by a court of record on application, and notice to the of-
ficer from whom the appeal is taken and due cause shown.
5109.7 The general rules and procedures necessary or convenient for the con-
duct of its business as are not in conflict with the said general rules adopted for
that purpose by the Planning Commission.
5109.8 The majority in number of the total voting membership of the Board
shall constitute a legal quorum. The concurrence of at least a majority of the mem-
bers present shall be necessary for action on any matter.
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a5109.9 All members of the City Planning Commission are hereby consti-
II• tuted as ex- officio members of the Board.
1 In event any member of the Board is unable to attend a meeting of
said Board, the Chairman of the Commission may designate any other member of
the Commission to serve in his stead and with full voting rights at such meeting.
1 ARTICLE .X.
1 5110. USE PERMITS, VARIANCES, AND REVOCATION OF
PERMITS
1 5110.1 USE PERMITS revocable, conditional and /or valid for a term period,
may be issued as provided in this Article for any of the uses or purposes for which
such permits are required or permitted by the terms of this ordinance, and only
1 those uses. The Planning Commission may impose such conditions as it deems
necessary to secure the purposes of this ordinance and may require tangible guar-
antees or evidence that such conditions are being, or will be complied with.
1 5110.2. .Application for use permits shall be made in writing by the owners of
the property, lessee, purchaser in escrow, or optionee with the consent of the own -
•ers, on a form prescribed by the Planning Commission of the City of Morro Bay.
The application shall be accompanied by.a fee, set by the City Council, and plans
1 • showing the details of the proposed use to be made of the land .or building.
• 5110.3 Upon receipt of the application for use permit, the Planning Commis-
sion shall determine whether or not the establishment, maintenance, or operation of
1 the use applied for will, under the circumstances of the particular case, be detri-
mental to the health, safety, morals, comfort and general welfare of the persons
residing or working in the neighborhood of such proposed use, or whether it will be
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injurious or detrimental to property and improvements in the neighborhood or the
general welfare of the City. If the Planning Commission finds that the aforementioned
conditions will not result from the particular use applied for, it may grant the Use
Permit. fl
5110.4 VARIANCES
Applications for variances from the strict application of the terms of
this ordinance may be made and variances granted when the following circumstances
are found to apply:
(1)
That any variance granted shall be subject to such conditions
as will assure that the adjustment thereby authorized shall not constitute a grant of a
special privilege inconsistent with the limitations upon.other properties in the
vicinity and district in which the subject property is situated; and
(2) That because of special circumstances applicable to subject fl
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property, including size, shape, topography, location or surroundings, the strict
application of the zoning ordinance is found to deprive subject property of privileges
enjoyed by other properties in the vicinity and under identical zone classification. fl
5110.5 The use of lands or buildings not in conformity with the regulations a
specified for the district in which such lands or buildings are located may be allowed
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by the granting of a variance from the strict application of the terms of this ordinance.
5110.6 Applications for variance shall be made in writing by a property owner,
lessee, purchaser in escrow, or optionee with the consent of the owners on a form
prescribed by the Planning Commission of the City of Morro Bay. They shall be
accompanied by a fee, set by the City Council; a plan of the details of the variance
requested; and evidence showing (1) that the granting of the variance will not be
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contrary to the intent of this ordinance or to the public safety, health and welfare,
and (2) that due to special conditions or exceptional characteristics of the property,
'or its location, the strict application of this ordinance would result in practical
1 difficulties and unnecessary hardship.
5110.7 If the Planning Commission shall find that the qualifications under
aSection 5110.4 apply to the land, building or use for which variance is sought, and
that such variance is in accordance with the intent of this ordinance, it may grant
all or part of the variance sought.
1 5110.8 A public hearing shall be held on any application for Use Permit or
Variance.
Notice of such hearing shall be given, not less than ten (1.0) days
1 prior to such hearing, by publication in a newspaper of general circulation, and by
mailing, postage prepaid, a notice of the time and place of such hearing to all per-
sons whose names and addresses appear on the latest adopted tax roll, or ,as known
1 to the City Clerk, as owning property within a distance of three hundred (300) feet
1 from the exterior boundaries of the area occupied, or to be occupied, by the use
which is the subject of the hearing. Such notice shall set forth a general descrip-
1 tion of the property affected, and the nature of the proposed use or variance.
1 .5110.9 COUNCIL ACTION
1 Use Permits and Variances shall not be issued until ten (10) days
have elapsed from the granting thereof, and in case an appeal is filed from the
1 Planning Commission decision thereon shall not be issued until decision shall be
amade by the City Council on such appeal.
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5110.10 Use Permits and Variances shall not have any force and effect until 67
the permittee acknowledges receipt thereof and acceptance of any conditions thereto. fl
5110.11 APPEALS Q
In case the applicant or any other person is not satisfied with the
action of the Planning Commission on any Use Permit or Variance application, he
may, within ten (10) days appeal in writing to the City Council. The fee for such a
appeal shall be set by the City Council.
Upon receipt of such appeal the City Council shall set the matter
for public hearing, said hearing shall be held within forty (40) days following such
receipt, notice thereof to be given as provided by law. Notice shall also be given fl
to the Planning Commission which shall submit a report to the City Council setting
forth the reasons for the action taken by the Blanning.Commiss•ion... Such seport ''shell
be submitted in writing::orty•representation at the hearing. fl
The City Council shall render its decision, not more than forty (40) C
days after the close of the hearing.
5110.12 EXPIRATION OF PERMITS
Any Use Permit or Variance granted in accordance with the terms of
this ordinance shall, without further action, become null and void if not used within
one (1) year from the date of the approval thereof or within any other period of time, fl
if so designated by the Planning Commission.
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5110.13 REVOCATION OF PERMITS
Any Use Permit of Variance granted in accordance with the terms
of this ordinance may be revoked by the City Council in the manner hereinafter set
forth, if any of the conditions or terms of such permits are violated, or it the fol-
lowing findings are made:
(1) In connection with Use Permits: The continuance of the use
would be detrimental to the health, safety, morals, comfort and general welfare of
the persons residing or working in the neighborhood of such use, or would be in-
jurious or detrimental to property and improvements in the neighborhood or to the
general welfare of the City.
(2) In connection with Variances: Continued relief from the strict
application of the terms of this ordinance would be contrary to the public interest,
safety, health and welfare.
3110.14 Before the Council considers revocation of any permit, the Planning
Commission shall hold a hearing thereon after giving written notice thereof to the
permittee at least ten (10) days in advance of such hearing and in the same time
and manner as provided in Section 5111,5. Within five (5) days thereafter, the
Planning Commission shall transmit a report of its findings and its recommendations
on the revocation to the City Council.
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ARTICLE XI. 0
5111. AMENDMENTS
5111.1 Except as otherwise provided in this Article, any amendment to this 0
ordinance shall be initiated and adopted as other ordinances are amended or adopted.
5111.2 Any amendment to this ordinance which changes any property from one
district to another district, or imposes any regulation upon property not theretofore 0
imposed, or removes or modifies any such regulation, shall be initiated and adopted Q
as hereinafter set forth in this Article.
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5111.3 Any amendment of the nature specified in Section 5111.2 hereof may
be initiated by (1) the filing with the City Planning Commission of a Resolution of
Intention of the City Council of the City of Morro Bay; (2) passage of a Resolution
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of Intention by the Planning Commission, or (3) filing with the Planning Commission
of a petition of one or more record owners of property which is the subject of the
proposed amendment or their authorized agents . A petition for amendment shall be
on a form designated therefor by the Planning Commission and shall be accompanied
by a fee, as set by the City Council.
5111.4 Upon receipt of a petition or resolution of intention of amendment
the Planning Commission shall set a date for a public hearing thereon, but not later D
than forty (40) days after the receipt of said petition or resolution.
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0 5111.5 Notice of public hearing shall be given in the following manner:
0 (1) Pdblication of a notice of hearing one (1) time not less than ten
(10) days prior to such hearing in a newspaper of general circulation. in the City of
Morro Bay; and
(2) Notice of the time and place of any public hearing on any zone
change amendment to this ordinance shall be given by the Planning Commission by
• •mailing in the United States Mail a written notice thereof, not less than ten (10)
edays prior to such hearing, to every person whose name and address appears on the
1 latest assessment roll as an owner of any property within the territory covered by
0 such proposed change and within three hundred (300) feet of the outer boundaries
thereof; and
(3) Posting, not less than ten (10) days prior to such hearing, at
1 least three (3) public notices of hearing along the streets upon which the property
eproposed to be affected abuts . Each such notice shall consist of the words "Notice
of Proposed Zoning Change" in letters not less than one (1) inch in height, and in
addition thereto, a statement in small letters setting forth a general description of
the property proposed to be affected, the-time and place of the public hearing there-
on and such other information as the Planning Commission deems to be necessary.
1 Any failure to post public notices as aforesaid shall not invali-
date any proceedings for the amendment of this Zoning Ordinance.
5111.6 After the close of the public hearing or continuations thereof, the
Planning Commission shall make a report of its findings and its recommendation
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ninety (90) days after the first notice of hearing thereon; provided however, that
such time may be extended with the consent of the City Council or the petition for
such amendment. fl
5111.7 Upon receipt of the recommendation of the Planning Commission, the a
City Council shall hold a public hearing thereon, giving notice thereof as pro-
vided by law. After the conclusion of such hearing the City Council may, within
one (1) year, adopt the proposed amendment or any part thereof set forth in the 0
petition or resolution of intention in such form as the Council deems desirable.
5112. INTERPRETATION
5112.1 Except as specifically provided herein this ordinance shall not be
interpreted to repeal, abrogate, annul or in any way affect any existing ;provi-
sion of any law or ordinance or regulations or permits previously adopted or
issued relating to the erection, construction, moving, alteration or enlargement
of any building or improvement; provided however, in any instances where this
with respect to the proposed amendment. The Commission report shall include a
list of persons who testified at the hearing, a summary of the facts adduced at the
hearing, the findings of the Commission, and copies of any maps or other data and /or
documentary evidence submitted in connection with the proposed amendment. Copy
of such report and recommendation shall be transmitted to the City Council within
ARTICLE XII.
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ordinance imposes greater restrictions upon the erection, construction, establish-
ment, moving, alteration or improvement of buildings or the use of any building or
structure than is imposed or required by an existing law, ordinance or regulation,
the provisions of this ordinance shall control.
5112.2 Whenever the Planning Commission of the City of, Morro Bay is called
upon to determine whether or not the use of land or any structure in any district is
similar in character to the particular uses allowed in a district, the Commission
shall consider the following factors as criteria for their determination:
(1) Effect upon the public health, safety, and general welfare of
the neighborhood involved and the City at large.
(2) Effect upon traffic conditions.
(3) Effect upon the orderly development of the area in question and
the City at large in regard to the general planning of the whole community.
5112.3 The Planning Commission shall have the power to hear and decide
appeals based on the enforcement or interpretation of the provisions of this or-
dinance.
5112.4 In case the applicant is not satisfied with the action of the Planning
Commission on his appeal, he may within ten (10) days appeal in writing to the
City Council.
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5112.5 Notice shall be given to the Planning Commission of such appeal, and a
a report shall be submitted by the Commission to the City Council, setting forth the fl
reasons for the action taken by the Commission. Such report shall be submitted in
writing or by representation at the hearing. 0
5112.6 The City Council shall render its decision within forty (40) days after o
the closing of the public hearing thereon. fl
ARTICLE XIII.
5113. ENFORCEMENT PROCEDURE AND PENALTIES
5113.1 It shall be the duty of the City Administrator or his authorized agents
of the City of Morro Bay to enforce the provisions of this ordinance, pertaining to
the use of land or buildings and the erection, construction, reconstruction, moving,
alteration, or addition to any buildings or structures. Any permit or license of
any type issued by any department or officer of the City of Morro Bay, issued in O
conflict with the provision of this ordinance, is hereby declared to be null and
void.
5113.2 Any building or structure erected, constructed, altered, enlarged, 0
converted, moved or maintained contrary to the provisions of this ordinance and
any use of land or buildings operated or maintained contrary to the provisions of
this ordinance are hereby declared to be public nuisances. The City Attorney, 0
upon order of the City Council shall commence the necessary action or proceedings fl
for the abatement, removal and•enjoinment thereof in the manner prescribed by law
in the courts which may have jurisdiction to grant such relief as will accomplish
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such abatement and restraint. The remedies provided for in this Section shall be in
addition to any other remedy or remedies or penalties provided in this ordinance or
any other law or ordinance.
5113.3 Any person, whether as principal, agent, employee or otherwise, violating
or causing the violation of any of the provisions of this ordinance shall be guilty of a
misdemeanor, and upon conviction thereof shall be puhishable by a fine of not more
than five hundred ($500.00) dollars or by imprisonment in the County Jail for not more
than six (6) months, or by both such fine.and imprisonment. Any violation of this or-
dinance which is committed and continues from day to day, constitutes a separate
offense for each and every day during which such violation is committed or continued.
ARTICLE XIV.
5114. SEVERABILITY
5114.1 If any section, subsection, sentence, clause or phrase of this ordi-
nance is, for any reason, held by a court of competent Jurisdiction to be invalid,
such decision shall not affect the validity of the remaining portions of this or-
dinance and each section, subsection, sentence, clause and phrase hereof ir-
respective of the fact that any one or more sections, subsections, sentences,
clauses or phrases be declared invalid.
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Section 3. The foregoing ordinance shall, before the expiration
of fifteen (15) days of the passage of same, be published, with
the names of the Council members voting for and against the same,
once in The Sun, a newspaper of general circulation, printed and
published in the City of Morro Bay, State of California, and said
Ordinance shall take effect and be in force thirty (30) days after
the passage thereof.
PASSED AND ADOPTED by the City Council of the City of
Morro Bay at a meeting of said City Council held this 12th day of
September, 1967, by the following roll call vote:
AYES: Councilmen Bickford, Bowen, Keiser, Mallery and Mayor Surfluh
NOES: None
ABSENT: None
ATTEST:
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C. TED WHITE, City Clerk
cl) A9 21-11(
SURFL , Mayor