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HomeMy WebLinkAboutOrdinances 26 - 64CITY OF MORRO BAY ORDINANCES PAGE T;70 ORD NO. TITLE DATE ADOPTED 0 *26. ABATEMENT OF WEEDS June 8, 1965 27. BUDGET - 1965-1966 July 27, 1965 28. CATV FRANCHISE July 27, 1965 29. PROHIBITING USE OF CERTAIN CITY STREETS BY CERTAIN VEHICLES (ATAS. BEACH STATE PARK) Oct 26, 1965 �c� t-cA, G orj,L ly � *3.6. I•N-TE=R-IM=-ZON-ING-,ORD-I-NANCE _ lexending-one- year -- Oc-t - 5, 196S *31 DELINQUENCY PREVENTION Oct 26, 196S *32 *33 34 ACCUMULATED WASTE MATERIAL Nov 9, 1965 FIRE ZONES / Dec 14, 1965 -AMENDING-T-EMPORARY--ZON-ING-MAP-- 6 Nov 9, 1965 (Young Bros Invest. Co. - Rancho Moro y Cayucos, Franction Lot 26) * MUNI CODE is CITY OF MORRO BAY ORDINANCES PAGE THREE ORD NO. TITLE DATE ADOPTED 3S bNRERIA4—S>6N�•ORD. �� jt®2`Q Feb 8, 1966 *36. MOVING OF BUILDINGS Jan 11, 1966 *37. MARINE DOCKS 6, STRUCTURES Dec 14, 1965 v3.8. __� AMENDING TEMPdRAR-Y-30NIIlG- P- EAtas ach, Su ach Sub) Nov 23, 1966 (Lots 60, 63,64,67,68,71,72,75 $ 76, Block /31) �xhit u3.9._.._.. ` ANt'E1�iDI'NG'TEMPORARY"'2'OIVING-- Nff�P- �(� -s-) H ghtsr (Lots 23,24,25,26 $ 27, Block 3) - Allen L. $ Dec 14, 1965 Arden L. Buck X4-0. ' AMENDING- TEMPORARY ZONING 'asru m Gti BeachgSuym -MAP=`CA (Lots 4,5,6,13,14 & 1S, Block 2F - Ralph W. Brians) Dec 14, 1966 awomki 04 *41. SALARIES - CITY COUNCIL, CITY CLERK $ CITREAS. Jan 25, 1966 42. AN INTERIM ORDINANCE READOPTING ORD. NO. 35 REGULATING THE INSTALLATION, ERECTION OR CON- May 4, 1966 STRUCTION OF SIGNS WITHIN THE CITY OF M.B. 943. ORDINANCE RE: GOVERNING THE DISCHARGE OR DUMPING OF RAW OR CHEMICALLY TREATED SEWAGE June 28, 1966 * 44. ORD. CREATING CHAPTER XI TO TITLE II OF THE M.B. MUN. CODE, ENTITLED PEACE OFFICER STANDARDS & June 28, 1966 TRAINING * 4S. AN ORDINANCE CREATING CHAPTER V, TITLE IX, OF THE M.B. MUN. CODE, ENTITLED TREE ORDINANCE July 12, 1966 46. ORD. APPROVING & ADOPTING A BUDGET FOR 1966/67 June 28, 1966 * 47. AN ORD. AMENDING THE M. B. MUNICIPAL CODE TO Aug. 23, 1966 PROVIDE FOR THE SALARY OF CITY TREASURER. * 48. AN. ORD. AMENDING CHAPTER VIII OF TITLE II OF THE M.B. MUNICIPAL CODE, UNIFORM TRANSIENT Aug. 23, 1966 OCCUPANCY TAX ORDINANCE -�49. ORD. REPEALING CHAPTER II TO TITLE V, OF THE MB MUNICIPAL CODE, ENTITLED SUBDIVISION REGULATIONS, AND CREATING AND ADOPTING A NEW CHAPTER II, TITLE V, ENTITLED SUBDIVISION ORDINANCE Sept 13, 1966 CITY OF MORRO BAY PAGE FOUR ORDINANCES ORD NO. TITLE DATE ADOPTED 50. ORD. AMENDING TEMPORARY ZONING MAP OF THE CITY OF MORRO BAY Sept. 27, 1966 51. ORD. ORDERING SALE OF ABANDONED VESSEL PURSUANT TO SECTION 522 OF THE HARBORS AND NAVIGATION CODE AND NOTICE OF INVITATION OF BIDS January 24, 1967 52. ORD. REINACTING THE M.B. TEMP. INTERIM ZONING ORD. & MAP FOR AN ADDITIONAL YEAR DEC. 13, 1966 53.._ AN ORD. AMENDING THE TEMP. ZONING MAP OF THE CITY OF M.B. DEC. 27 , 1966 *54. AN ORD. OF THE CITY OF M.B. CREATING & ADOPTING PART I TO CHAPTER VI OF TITLE II OF THE M.B. MUN. CODE ENTI`J;LED 12/27/66 PARK & RECREATION COMMISSION. .455. AN ORD. OF THE CITY OF M.B. CREATING CHAP. V TO TITLE XI OF THE MB MUN. CODE PROVIDING FOR THE LICENSING, DEC. 13, 1966 REGULATION & OPERATION OF AMBULANCES. 56. AN ORD. OF THE CITY OF M.B. CREATING CHAPTER VI OF TITLE XI OF( THE M.B. MUN. CODE // PROHIBITING /GAMBLING DEC. 13, 1966 K �7. An Ord. Creating & Adding Secti n E103_td-Chapter-— VI of the Morro Bay Municipal Code entitled Card Rooms" Jan. 10, 1967 58. An Ord. repealing Ord. No. &V and creating and adding Chapter III to Title V of the M.B. Mun. Code entitled "Sign Ordinance" O i, , 1114 L-,cjte. a &(. June 27, 1967 59. An Ord. creating Chapter VII to Title XI of the Mun. Code entitled "Camping" Feb. 28, 1967 'An ;nt-rim ordinance readopt-ing_Ord No-49regulating_-_ the installation, erection or construction of signs May 9, 1967 within the City of Morro Bay 61. An Ord. amending the Temporary Zoning MapcP the City of M.B. June 13, 1967 A62. An ordinance creating Chapter III to Title V of the M.B. Mun. Code entitled "Planning Commision" and rescinding Section 2601 and Section 2602 of Chapter VI, Title II of the M.B. Mun. Code (first reading) June 27, 1967 63. An Ord. approving & adopting a budget for the fiscal year 1967-68 June 27, 1967 64 REFUSE ORDINANCE December 12,1967 � w r 11 ORDINANCE NO. 64 AN ORDINANCE CREATING CHAPTER II TO TITLE III OF THE MORRO BAY MUNICIPAL CODE ENTITLED REFUSE ORDINANCE follows: 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 SECTION 1. Chapter II of Title III of the Morro Bay Municipal Code providing for regulations of the storage, collection and disposal of refuse, to include garbage, rubbish, and waste material; the time and manner in which collections may be made; the issuance of collection franchises; and declaring certain acts illegal, is hereby created as follows: ARTICLE 1 GENERAL PROVISIONS 3201.1 Purpose. The health, welfare, and safety of the people of the City of Morro Bay require that regulations and pro- cedures be established that will provide for the storage, collection and disposal of refuse and waste materials that accumulate within the city. To assure the existence and continuance of a collection and disposal system that will benefit all citizens of the city, it is necessary that regulations and procedures be established as set forth in this ordinance. 3201.2 Short Title. This ordinance shall be known by the following short title: Refuse Ordinance. Anmrnro n DEFINITIONS 3202.1 Refuse. Refuse means all putrescible or non-putrescible ORDINANCE NO. 64 PAGE TWO solid and semi -solid waste, whether combustible or non-combustible, including both garbage and rubbish, but excluding waste material as defined herein. 3202.2 Garbage. Garbage means trimmings and leftovers from the preparation of meals, and spoiled and wasted foods from homes, restaurants, markets, and other accommodations occupied by human beings, and the unwashed paper, cardboard, wood, metal, plastic or glass containers which have been used as food containers and to which putrescible food particles adhere. 3202.3 Rubbish. Rubbish shall include, but not be limited to, grass trimmings, yard cuttings and all refuse as defined in Section 3202.1, except that which is defined in Section 3202.2 as garbage and Section 3202.4 as waste material. 3202.4 Waste Material. Waste Material shall include, but not be limited to, dead animals, including fish and fowl, corrosive substances, sludge, oil, residue, sewage, liquid wastes, industrial wastes, and any and all other material not commonly classified as refuse. 3202.5 Collection Station. Collection Station shall mean the location where the occupant of any premises places garbage or rubbish in standard containers, boxes, cans, bales, bundles, or as separate items, for collection by a refuse collector. 3202.6 Standard Container.. Standard Container shall mean a metallic can or plastic watertight container with a close -fitting cover, a cover handle and side bails, of thirty-five (35) gallons or less in gross capacity, and not to exceed seventy-five (75) pounds in gross weight when filled. L J ORDINANCE NO. 64 PAGE THREE 3202.7 Disposal Area. Disposal Area shall mean an approved premises or site where the disposal of refuse not produced on such premises or site is permitted to occur. 3202.8 Refuse Collector. Refuse Collector shall mean that city department, public agency, private contractor, franchise holder, permit or license holder, or any combination thereof designated by the City Council to collect refuse within the city and to dispose of same. 3202.9 Person. Person shall mean any person, firm, associ- ation, organization, partnership, corporation or company, and includes every public agency subject to the provisions of this ordinance and any officer thereof. 3202.10 Premises. Premises shall mean the integral area of a parcel or lot, including improvements, to which electricity and water service are provided. ARTICLE 3 STORAGE AND REMOVAL 3203.1 Storage of Refuse. Every tenant, occupant, or owner of any premises in the city Dn which refuse is produced, created, or accumulated shall provide for storage of same pending collection or disposal in accordance with the provisions of this ordinance. 3203.2 Storage of Garbage. It shall be unlawful for any person occupying or maintaining any premises within the city, where garbage is created, produced, or accumulated to fail or neglect to procure and maintain a standard container for receiving and holding, without leakage or escape of odors, all garbage which is produced, r- ORDINANCE NO. 64 PAGE FOUR created, or accumulated upon such premises, and all such persons shall deposit all such garbage not ground and introduced into the sanitary sewer system in such a standard container. 3203.3 Storage of Rubbish and/or Waste Material. It shall be unlawful for any person occupying or maintaining any premises within the city where rubbish and/or waste material is created, produced, accumulated, or stored, to allow said rubbish and/or waste material to be scattered about said premises in an unsightly, hazardous, or unsanitary manner. 3203.4 Removal of Refuse and/or Waste Material. Any person storing or accumulating refuse and/or waste material on any pre- mises within the City of Morro Bay which may create a condition that is unsightly, hazardous or unsanitary shall remove said refuse and/or waste material, or cause the same to be removed by a refuse collector or private contractor. All refuse and/or waste material shall be removed from residential premises not less than one (1) time each week. Commercial premises creating large volumes of refuse and/or waste material shall cause the same to be removed at intervals of more than one (1) time each week as need dictates to prevent unsightly, hazardous or unsanitary conditions. ARTICLE 4 COLLECTION STATIONS 3204.1 Refuse Collection Stations. Refuse Collection Stations for collection by a refuse collector shall be in the rear or side -yards of dwelling units within seventy-five (75) feet of the curb line, in places unobstructed and easily accessible to the refuse collector, where the refuse will be neither a public nor a private nuisance, nor ORDINANCE NO. 64 PAGE FIVE in any degree offensive, or at the alley if there is one. For commercial and non -dwelling facilities, the refuse collection station shall, whenever possible, be in the rear of such facilities and sub- ject to the approval of the city. 3204.2 Rubbish Collection Stations. Rubbish Collection Stations for dwelling units shall be the street curb line adjacent to such premises, and standard containers, boxes, cans, bales, bundles or separate items of rubbish shall be placed in that location by the occupant of such premises for collection by the refuse collector, provided that the rubbish collection station shall be at the alley if there is one. For commercial and non -dwelling facili- ties, the rubbish collection station shall, wherever possible, be in the rear of such facilities and subject to the approval of the city. 3204.3 Waste Material Collection Stations. Waste Material Collection Stations for collection by a refuse collector or con- tractor for all premises shall be entirely within the confines of said premises and must be maintained in the manner specified in Section 3203.3. It shall be unlawful to deposit waste material upon any public right-of-way pending collection by a refuse collector or contractor unless a special permit is obtained therefor from the city. ARTICLE 5 COLLECTION OF REFUSE 3205.1 Refuse Collection. It shall be unlawful for any per- son to engage in the business of collecting refuse within the city, ORDINANCE NO. 64 PAGE SIX or to haul the same through or upon any street or public right-of- way in the city, unless such person has been granted a franchise or license to do so by the city; provided that the owner or occu- pant of any premises may transport refuse, to include garbage, rubbish and waste material produced, created, or accumulated on his own premises to an approved refuse disposal area, subject to the requirements of Section 3205.5 pertaining to such refuse trans- portation. It shall be unlawful for any person to interfere in.any manner with the lawful operations of a franchised or licensed refuse collector. 3205.2 Frequency of Collection. Refuse shall be collected by the refuse collector from every premises subscribing to refuse collection service at lease one (1) time each week. 3205.3 Time of Collections. Refuse may be collected only between the hours of 5:00 A.M. and 7:00 P.M., Monday through Saturday inclusive, except that regular collections of refuse may be made on Sunday in business districts zoned for and predominantly used by commercial or industrial establishments. 3205.4 Collection Regulations. The refuse collector shall not be required to replace covers on containers after emptying them, nor to pick up refuse which has been scattered on the premises by others. Rubbish may be placed at the curb for collection not earlier than 8:00 A.M. on the day preceding the day of collection. The owner of empty rubbish containers shall remove them from the street not later than 8:00 P.M. on the day of collection. It shall be unlawful to place rubbish at the curb so that either the sidewalk ORDINANCE NO. 64 PAGE NINE regulations of the State of California and the County of San Luis Obispo. In the event a disposal area inside the City Limits is designated for use, the City Council shall prescribe by ordinance specific regulations to insure a sanitary operation, which will not be detrimental or hazardous to surrounding property. ARTICLE 8 BURNING OR BURYING REFUSE AND/OR WASTE MATERIAL 3208.1 Burning Garbage. It shall be unlawful for any person to burn garbage in any type of incinerator or other container, whether fixed or movable, in a fireplace, barbecue pit, or upon any open ground on any premises, public or private, within the City of Morro Bay. 3208.2 Burning Rubbish and/or Waste Material. It shall be unlawful to burn rubbish and/or waste material except in the manner and at the times specified in Article 27 of the Uniform Fire Code as adopted by Section 10100 of the Morro Bay Municipal Code. 3208.3 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. ARTICLE 9 DEPOSIT OF REFUSE AND/OR WASTE MATERIALS IN PUBLIC PLACES 3209.1 Deposit of Refuse and/or Waste Materials in Public Places. It shall be unlawful for any person to throw, deposit, or ORDINANCE NO. 64 PAGE EIGHT may provide for the collection and disposal of refuse, garbage, rubbish, and waste material within the city by the issuance of one or more franchises, licenses, or permits to private refuse collectors. The terms and conditions, not inconsistent with this ordinance, under which such refuse collectors may be required to collect and dispose of refuse, garbage, rubbish, and waste material and the payments to be made to such refuse collectors for service to be rendered shall be specified in the applicable franchise, license or permit; issuance of which shall be authorized by reso- lution of the City Council. ARTICLE 7 DISPOSAL OF REFUSE 3207.1 Disposal Area. The city may either provide an official disposal area for the disposal of refuse collected from within the city, or may designate an approved disposal area pro- vided by others, and the city may require the refuse collector to use such official or approved disposal area. 3207.2 Operation of Disposal Area. The City Council may, in its discretion, by enactment of an appropriate ordinance, reso- lution, or by provision in an appropriate franchise, provide for a designated disposal area to be operated by a city department, by a franchised or licensed refuse collector, by another independent contractor, or by another public agency. 3207.3 Manner of Operation. The designated disposal area used for the disposal of refuse originating in the city must be operated in compliance with all applicable statutes, orders, and ORDINANCE NO. 64 PAGE SEVEN or street gutter is obstructed. Rubbish containers, other than standard containers as defined herein, will be removed with their contents at the time of collection unless they are plainly labeled "DO NOT TAKE" in large letters. 3205.5 Collection Vehicles. All vehicles, conveyances, or containers used for hauling refuse within the city shall be of such construction as to comply fully with all laws, rules, and regulations of the State of California and the County of San Luis Obispo pertaining thereto, and shall be of a type and construction to prevent leakage, spillage, or overflow. All refuse in such vehicles, conveyances, or containers shall be completely covered or compacted when enroute from the last collection station to the disposal area so as to prevent any refuse from spilling, over- flowing, blowing, or dropping out of said vehicle, conveyance or container. 3205.6 Dead Animals. Dead Animals shall be disposed of by the Poundmaster of the City of Morro Bay as provided in Sections 11112 and 11113 of the Municipal Code of the City of Morro Bay. 3205.7 Ownership of Refuse. All refuse, upon being re- moved by a refuse collector from the premises where produced, created or accumulated shall become and be the property and responsi- bility of said refuse collector. ARTICLE 6 FRANCHISES, LICENSES, OR PERMITS 3206.1 Franchises, Licenses, or Permits. The City Council • ORDINANCE NO. 64 PAGE TEN cause to be thrown or deposited, any refuse and/or waste material in or upon any public street, highway, right-of-way, beach, waters of Morro Bay and the Pacific Ocean, watercourse, waterway, levees, banks, revetments, or breakwaters of watercourses or waterways, or upon any public premises whatsoever within the City of Morro Bay, except in an approved disposal area. ARTICLE 10 REFUSE COLLECTION: QUANTITIES AND SERVICE 3210.1 Basic Collection, Refuse. The refuse collector shall provide weekly collection of one (1) standard container of refuse for every person who may subscribe for refuse collection service. Said collection to be hereinafter referred to as the basic collection. 3210.2 Optional Collection, Rubbish. Every person who may desire to subscribe for additional collection of rubbish, may make application to the refuse collector for optional collection of the equivalent of one (1) standard container of rubbish in addition to the basic collection provided for in Section 3210.1, said rubbish to be assembled in standard containers, boxes, cans, bales, bundles, or as separate items not to exceed seventy-five (75) pounds in weight, five (5) feet in length, three (3) feet in diameter. Optional collection of rubbish shall be made once each week at the same time that the basic collection is made; providing, however, that the equivalent of one (1) standard container of ORDINANCE NO. 64 PAGE ELEVEN rubbish is placed at the curb line for pick up in conformance with the provisions of Sections 3204.2 and 3205.4. 3210.3 Extra Collection, Refuse. Extra refuse collection in quantities in excess of the amounts specified in Section 3210.1 and Section 3210.2 may be contracted for with the refuse collector in accordance with the schedules of the type of service, quantities, and rates as set forth in Article 11 of this ordinance. 3210.4 Special Collections. The following substances shall be the subject of special collections, upon request of the owner or occupant of any premises: caustics, liquids, loose building materials, sod and earth, sludge, corrosive substances, oil, resi- due, sewage and industrial wastes, any other rubbish not in con- tainers or bundles, any items exceeding seventy-five (75) pounds in weight or five (5) feet in length, and garbage in excess of the capacity of the standard containers in regular use on the premises. Special collections will be made at the expense of the owner or occupant upon request to the refuse collector. The refuse collector shall be obligated to quote his rate in writing before performing the special collection, and to complete the special collection within forty-eight (48) hours of receipt of the request, excluding Saturdays, Sundays and holidays (unless otherwise requested by the owner or occupant). Rates quoted by the refuse collector for special collections shall be in accordance with the rates as set forth in Article 11 of this ordinance. 3210.5 Annual Free Collection, Rubbish. The refuse collector, in addition to making available collection services on a weekly basis ORDINANCE NO. 64 PAGE TWELVE to all who desire to subscribe to said service, shall provide one (1) annual free pick up of all rubbish, exclusive of garbage, from the curb line in front of each premises subscribing to refuse collection services in conjunction with an annual city and community sponsored "Clean Up Week". All rubbish placed in standard con- tainers, boxes, cans, bales, bundles, or as separate items, none of which shall exceed seventy-five (75) pounds in weight, will be picked up free of charge at a time and on the date specified by public notice. This free collection is to be provided on an annual basis to further encourage the beautification of the city and to help create a cleaner and better place in which to live. ARTICLE 11 REFUSE COLLECTION CHARGES 3211.1 Refuse Collection Charges. The City Council shall, ibe resolution, establish the rates to be charged for the collection of refuse and waste material by a franchised or licensed refuse collector. 3211.2 Rate Basis. Rates for refuse collection charges shall be based upon the number and type of containers, quantities collected, frequency and type of service provided, and whether it be residential or commercial service. 3211.3 Questions on Rates or Service. Any person subscribing to the refuse collection service who contends that he has been re- quired to pay an unreasonable charge for such service, or that service ORDINANCE NO. 64 PAGE THIRTEEN to be provided has been less than that set forth under the pro- visions of this ordinance, or that service has been refused, may file a written complaint with the city setting forth the facts of such alleged over -charge, lack of or refusal of service. The refuse collector will be notified of the complaint and the city shall investigate to determine the reasonableness of said complaint. If it is found that any over -charge, lack of or refusal of service has been made by the refuse collector, the City Council, after due public hearing, may, at its discretion, terminate any franchise or license issued under the provisions of this ordinance. ARTICLE 12 ENFORCEMENT AND PENALTIES 3212.1 Enforcement. It shall be the duty of the City Adminis- trator or his authorized agents to enforce the provisions of this ordinance. Any permit or license of any type issued by any department or officer of the City of Morro Bay issued in conflict with the pro- visions of this ordinance is hereby declared to be null and void. 3212.2 Penalties. 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 punishable by a fine of not more than five hundred dollars ($500.00) 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 ordinance 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. ORDINANCE NO. 64 PAGE FOURTEEN ARTICLE 13 SEVERABILITY 3213.1 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 and each section, subsection, sentence, clause and phrase hereof 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, 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. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a meeting of said City Council held the 12th day of ORDINANCE NO. 64 PAGE FIFTEEN December , 1967, by the following roll call vote: AYES: Councilmen Bowen, Keiser, Mallery & Mayor Pro Tem Bickford NOES: None ABSENT: Mayor Surf luh f* S. SURFLT Mayor ATTEST: C. TED WHITE, City Clerk ORDINANCE NO. 63 AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE FISCAL YEAR 1967-68 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 1967-68", dated June 27, 1967, is hereby approved and adopted as the Final Budget for Expenditures for the City of Morro Bay for the Fiscal Year 1967-68. 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 effi- ciency 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. PASSED AND ADOPTED by the City Council of the City of Morro Bay ORDINANCE NO. 63 PAGE TWO at the regular meeting of said City Council held this 27th day of June, 1967, by the following roll call vote: AYES: Councilmen Bickford, Bowen, Keiser & Mayor Surfluh NOES: Councilman Mallery ABSENT: None ATTEST: C. TED WHITE, City Clerk CERTIFICATION S. SURFLUH 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 27th day of June, 1967. Dated: C. TED WHITE, City Clerk City of Morro Bay, Calif. • ORDINANCE NO. 62 AN ORDINANCE CREATING CHAPTER IV TO TITLE V OF THE MORRO BAY MUNICIPAL CODE ENTITLED "PLANNING COMMISSION" AND RESCINDING SECTION 2601 AND SECTION 2602 OF CHAPTER VI, TITLE II OF THE MORRO BAY MUNICIPAL CODE follows: 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 SECTION 1. Section 2601 and Section 2602 of Chapter VI, Title II of the Morro Bay Municipal Code, as adopted by Ordinance No. 11 on December 1, 1964, are hereby rescinded. SECTION.2. There is hereby created Chapter IV to Title V of the Morro Bay Municipal Code entitled "Planning Commission" CHAPTER IV PLANNING COMMISSION 5301. ESTABLISHMENT OF PLANNING COMMISSION There is hereby established a Planning Commission under and by authority of Chapter 3, Title 7 of the Government Code of the State of California. 5302. FUNCTIONS The functions of the Planning Commission shall be as follows: (a) To develop a general plan and recommend its adoption by the City Council, (b) To maintain the general plan after its adoption by the City Council, (c) To develop specific plans as may be necessary to implement the general plan, (d) To periodically review the capital improvement pro- gram of the City for recommendations to the City Council, ORDINANCE NO. 62 PAGE TWO (e) To perform such other functions as the City Council may direct. 5303. MEMBERSHIP AND QUALIFICATIONS The Planning Commission shall consist of five (5) members and they shall be qualified electors and residents of the City of Morro Bay. 5304. APPOINTMENTS AND VACANCIES Members of the Planning Commission shall be appointed by and serve at the pleasure of the City Council. Vacancies shall be filled for the unexpired term only. 5305. TERMS OF OFFICE Members of the Planning Commission shall serve for a period of four (4) years commencing January 1, 1967. The term of office of one member shall expire on December 31, 1968 and every four (4) years thereafter; the term of office of two (2) members shall expire on December 31, 1969 and every four (4) years thereafter; and the term of office of two (2) members shall expire on December 31, 1970 and every four (4) years thereafter. The terms of office of the first appointed members of the Planning Commission from and after the date of adoption of this ordinance shall be as specified by resolution of the City Council. 5306. ORGANIZATION 5306.1 Election of Officers. At the first regular meeting following the adoption of this ordinance, the members of the Planning Commission shall elect a Chairman and Vice -Chairman, who shall hold office until December 31, 1968. Thereafter, an election is to be held once each year at the first regular meeting held in January. ORDINANCE NO. 62 PAGE THREE 5306.2 Presiding,Officer The Chairman shall preside at meetings, appoint appropriate committees and direct the affairs of the Commission. In the absence of the Chairman, the duties of this office shall be performed by the Vice -Chairman. In the absence of both the Chairman and Vice -Chairman, the remaining members shall choose one of their own number to act as Temporary Chairman. 5306.3 Rules and Regulations. The Planning Commission may adopt rules and regulations consistent with State laws and local ordinances to govern procedures, and it shall set a time and place for regular meetings, which shall be held at least twice each month. 5306.4 Quorum. A majority of members shall constitute a quorum. 5306.5 Absence. Absence of a member from three consecutive meetings without formal consent of the Planning Commission noted in its official minutes shall be deemed to constitute the voluntary resignation of such absent member and the position shall be declared vacant. 5306.6 Secretary. The Planning Commission shall appoint a secretary who need not be a member of said Commission, and who shall serve at the pleasure of the Planning Commission. The Secretary shall maintain an accurate public record of the activities and official actions of the Planning Commission. 5307. DUTIES AND RESPONSIBILITIES The Planning Commission shall: (a) In addition to the duties and responsibilities set forth by State laws and local ordinances, the Planning Commission shall act in an advisory capa- city to the City Council on all matters pertaining to the planning function. I L. ORDINANCE NO. 62 PAGE FOUR (b) Cooperate with other City boards and commissions, governmental agencies and civic groups in the advancement of sound planning, both within and without the City. (c) Formulate policies on planning services for recommendation to the City Council. (d) Meet with the City Council from time to time to discuss proposed policies, programs, budgeting, future planning, or any other matter requiring joint deliberation. (e) Recommend to the City Council the adoption of stan- dards with respect to organization, personnel, facilities, programs and financial support of the Planning Commission. (f) Disseminate to the public information concerning the policies and functions of the Planning Commission. 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 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 regular meeting thereof held on the 27th day of 7unp 1967, by the following roll call vote: ORDINANCE NO. 62 PAGE FIVE AYES: Councilmen Bickford, Bowen, Keiser, Mallery & Mayor Surfluh NOES: NONE ABSENT: NONE ATTEST: C. TED WHITE, City Clerk CERTIFICATION S. SURFL 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 thereof held on the 27t1 day of June , 1967. Dated: C. TED WHITE, City C er City of Morro Bay, Calif. ORDINANCE NO. 61 AN ORDINANCE AMENDING THE TEMPORARY ZONING MAP 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. The Temporary Zoning Map of the City of Morro Bay, adopted pursuant to Section 5101 of the Morro Bay Municipal Code, shall be and is hereby amended to change the zoning on the following described property from R-1 (single family) and U (unclassified) zones to an R- 4 (professional) zone: All that property shown on the aforesaid Temporary Zoning Map lying within the area bounded by the westerly right of way line of State Highway One on the east, the southerly property line of the Standard Pipeline Company property on the north, the mean high tide line of the Pacific Ocean on the west and the northerly property line of Block 8-A, Atascadero Beach Subdivision, on the south. Said property commonly referred to as 'Toro Point', City of Morro Bay, California. 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 13th day of June, 1967, on the following roll call vote: AYES: Councilmen Bickford, Bowen, Keiser, Mallery & Mayor Surfluh NOES: None ABSENT: None ORDINANCE NO. B-1 PAGE TWO ADOPTED: June 13, 1967 ATTEST: 0 C. TED WHITE, City Clerk 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 13th day of June , 1967. Dated: C. TED WHITE, City Clerk City of Morro Bay, Calif. ORDINANCE NO. 60 AN INTERIM ORDINANCE READOPTING ORDINANCE NO. 42 REGULATING THE INSTALLATION, ERECTION OR CONSTRUCTION OF SIGNS WITHIN 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. Acts Prohibited: No person, as defined in Section 1314 of the Municipal Code, shall erect, install or construct any sign within the City Limits of the City of Morro Bay except as hereinafter set forth in this ordinance. Section 2. Definitions: On -site signs, as used herein, shall mean signs pertaining to any use permitted in the district in which such sign is located and which sign is situated on the building in which such use is conducted or on the immediate site of such building, or on the actual area of the land occupied by such use. Section 3. On -site signs in commercial and industrial dis- tricts: C-1, C-2, M-1, M-2, H, L, and T zones: a. No on -site sign which exceeds forty-eight square feet in aggregate area shall be erected, installed on con- structed in any commercial or industrial district within the City of Morro Bay. b. No portion of any on -site sign erected, installed or constructed within any commercial or industrial dis- trict which is attached to a building shall be higher than the highest portion of the building to which such sign is attached. C. No portion of any detached or free-standing on -site sign erected, installed or constructed within any commercial or industrial district shall be higher than thirty five feet (35'). ORDINANCE NO. 60 PAGE TWO Section 4. On -site signs in apartment house residential districts: (R-3 and R-4): a. No on -site sign which exceeds twenty (20) square feet in aggregate area shall be erected, installed or constructed in any apartment house residential district. b. No portion of any on -site sign erected, installed or constructed within any apartment house resi- dential district which is attached to a building shall be higher than the highest portion of the building to which such sign is attached. C. No portion of any detached or free-standing on -site sign erected, installed or constructed within any apartment house residential district shall be higher than twenty (20) feet. Section 5. General Requirements: a. On -site signs shall be constructed in such manner so as not to obstruct any door, window or fire escape of any building. b. On -site signs shall not be suspended over or constructed or placed upon any portion of any public street or right-of-way except as hereinafter provided. C. Upon securing an encroachment permit, on -site signs may project into the sidewalk area of any public right- of-way to a maximum of twelve (12) inches, provided that the lowest portion of such sign shall be at least ten (10) feet above the finished grade of such public sidewalk area or right-of-way. The City Council may grant temporary use permits allowing deviations from ORDINANCE NO. 60 PAGE THREE this subsection (c) of Section 5 in the event of a community -wide event of a temporary or seasonal nature. d. All on -site signs shall be shielded so that no portion of the primary light source of such sign is visible from adjoining property. e. No on -site sign or any portion thereof or illumin- ation thereon shall be permitted to rotate, gyrate, blink or move in any animated fashion. f. On -site signs which emit smoke, noise or vibration are prohibited. Section 6. Other outdoor advertising devices: a. Outdoor devices used to advertise, other than on - site signs and outdoor advertising signs as defined in the Morro Bay Zoning Ordinance, are prohibited, including by way of illustration and not limitation, pennants, animated devices and salvage materials. Section 7. Conditional use permit required: Notwithstanding the foregoing, on -site signs which deviate from the foregoing require- ments of,this Ordinance may be erected, installed or constructed provided that a Conditional Use Permit be first obtained pursuant to rules and regulations to be adopted by Resolution of the City Council. Section 8. Violations a misdemeanor: Any person violating any of the provisions or failing to comply with any of the mandatory re- quirements of this Ordinance shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under this Ordinance shall be punish- able by a fine of not more than $500.00 or by imprisonment in the City or County Jail for a period not exceeding six (6) months or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violations • '4 ORDINANCE NO. 60 PAGE FOUR of any provision of this Ordinance is committed, continued or per- mitted by such person and shall be punishable accordingly. Section 9. Violations a nuisance: In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this Ordinance shall be conclusively deemed to be, and is hereby declared to be, a public nuisance and may be summarily abated as such by the City. Every day such condition continues shall be regarded as a new and separate offense. Section 10. Effective Date: On May 4, 1966, the Morro Bay City Council passed and adopted Ordinance No. 42,"An Interim Ordinance Readopting Ordinance No. 35 Regulating the Installation, Erection or Construction of Signs within the City of Morro'Bay", as an urgency ordinance. Under the provisions of the Government Code, said ordinance was adopted for a twelve (12) month period which expires on May 3, 1967. It is, therefore, necessary that this Sign Ordinance be adopted for an additional twelve (12) month period as provided by law. Due to the fact that there is not now in existence within the City of Morro Bay any ordinance or regulation controlling the in- stallation, erection or construction of on -site signs, this ordinance is hereby declared to be an urgency ordinance required to protect the public safety, health and welfare and shall take effect immediately upon its adoption. The City Planning Commission, Planning Consultant and City Staff are, in good faith and with diligence, continuing their studies which will be concluded within a reasonable period of time which will result in the adoption of a comprehensive zoning ordinance which will, in part, regulate such signs. In addition, Planning Commission has sub- C� NO. 60 PAGE FIVE mitted to the City Council a recommendation for the adoption of a comprehensive sign ordinance which is in the process of public hearing, and which has not been adopted as of this date. It is, therefore, necessary to readopt as an urgency measure this interim ordinance prohibiting the installation, erection or construction of on -site signs which may be in conflict with the contemplated zoning ordinance and sign ordinance. Passed and adopted by the City Council of the City of Morro Bay at a regular meeting thereof held on the 9th day of May , 1967, by the following roll call vote: AYES: Councilmen Bickford, Bowen, Keiser, Mallery and Mayor Surfluh NOES: None ABSENT: None U. S. SURFLU , Mayor ATTEST: C. TED WHITE, City Clerk 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 9th day of May , 1967. Dated: C. TED WHITE, City Clerk City of Morro Bay, Calif. .0 0 ORDINANCE NO. 59 AN ORDINANCE OF THE CITY OF MORRO BAY CREATING CHAPTER VII TO TITLE XI OF THE MORRO BAY MUNICIPAL CODE ENTITLED "CAMPING" THE CITY COUNCIL City of Morro Bay, California The City Council of the City of Morro Bay does ordain as follows: SECTION 1. There is hereby created Chapter VII to Title XI of the Morro Bay Municipal Code as follows: CHAPTER VII - CAMPING 11701. Areas Prohibited. Every person who erects, maintains or occupies any tent, tent -camp, tent -trailer, house or travel trailer, pickup truck, camper or house -car, within the City of Morro Bay except in areas posted with official signs designating that camping is per- mitted, is guilty of a misdemeanor. This section shall not apply to mobile home parks or travel trailer parks within the City Limits which are regulated pursuant to the provisions of Division 13, Part 3 of the Health and Safety Code. 11702. Signs. The Chief of Police is hereby authorized to post official signs specifying that camping is prohibited except in desig- nated areas. The Chief of Police shall not have the authority, except upon order of the City Council, expressed by resolution, to post signs designating that camping is permitted. Official signs posted pursuant to the provisions of this Ordinance shall be uniform in appearance and shall indicate thereon that they are posted by the Chief of Police pursuant to 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 once in a news- paper of general circulation, published and circulated in the City of 0 .S Ordinance No. 59 Page Two 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 1967, by the following roll call vote: AYES: Councilmen Bickford, Bowen, Mallery & Mayor Surfluh NOES: None ABSENT: Councilman Keiser 1 S. SURFLUH Mayor ATTEST: C. TED WHITE, City Clerk 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 28th day of February , 1967. C. TED WHITE, City Clerk City of Morro Bay, Calif. ORDINANCE NO. 58 AN ORDINANCE REPEALING ORDINANCE NO. 60 AND CREATING AND ADDING CHAPTER III TO TITLE V OF THE MORRO BAY MUNICIPAL CODE, ENTITLED SIGN ORDINANCE THE CITY COUNCIL CITY OF MORRO BAY, CALIFORNIA The City Council of the City of Morro Bay does ordain as follows: Section 1. Ordinance No. 60, entitled "An Interim Ordinance Readopting Ordinance No. 42 Regulating the Installation, Erection or Construction of Signs Within the City of Morro Bay" is hereby repealed. Section 2. Chapter III of Title V of the Morro Bay Municipal Code, en- titled "Sign Ordinance" is hereby created as follows: CHAPTER III - SIGN ORDINANCE 5301. PURPOSE The purpose of this ordinance is to provide minimum standards to safeguard life, health, property and public welfare by regulating and controlling the quality of materials, size, construction, erection, loca- tion, electrification, alteration, repair, maintenance and permit fee of all signs and sign structures in the City. 5302. DEFINITIONS 5302.1 Approved Plastic Material. Plastic material which the Build- ing Official has found to be suitable functionally for the purpose for which it is offered, which burns no faster than two and one- half (2-1/2) inches per minute in sheets sixty -thousandths of an inch (0.060") in thickness when tested in accordance with U.B.C. Standard No. 52-2, or which is not consumed in less than two (2) minutes when tested in accordance with U.B.C. Standard No. 52-3, the thickness of the plastic material to be determined by U.B.C. Standard No. 52-4. (See Plastic Material) 5302.2 Building Line. The setback line established by ordinance be- yond which no building may extend. A building line may be a property line. 5302.3 Building Official. The Building Official or other officer or person charged with the administration and enforcement of City regulations pertaining to buildings and structures or his duly authorized deputy. 5302.4 Combination Sign. Any sign incorporating any combination of the features of surface, ground, projecting and roof signs. 5302.5 Combustible Material. Wood, or materials not less combustible than wood. 5302.6 Display Surface. The area made available by the sign structure for the purpose of displaying the advertising message. 5302.7 Electrical Sign. Any sign illuminated by electric lighting devices which are fastened to the surface or mounted on the interior of the sign. ORDINANCE NO. 58 . PAGE TWO 5302.8 Ground Sign or Pole Sign. Any sign which is supported by one or more uprights, poles, or braces in or upon the ground which are not a part of any building or enclosed within the exterior walls of any building, and are separated therefrom by a distance of at least six (6) inches. 5302.9 Identification Sign. An identification sign advertises the name of the business or enterprise and it may state a brief description of the service it performs or type of merchandise it sells. 5302.10 Incombustible Material. Any material which will not ignite at, or below, a temperature of 1,2000 Fahrenheit during an exposure of five (5) minutes, and which will not continue to burn or glow at that temperature. Tests shall be made as specified in U.B.C. Standard No. 4-1. 5302.11 Marquee. A permanent roofed structure attached to the front or side wall and supported by a building. 5302.12 Plastic Material. Material made wholly or principally from standardized plastics listed and described in U.B.C. Standard No. 52-1. (See Approved Plastic Material) 5302.13 Nonstructural Trim. The molding, battens, caps, nailing strips, latticing, cutouts or letters and walkways which are attached to the sign structure. 5302.14 Projecting Sign. A sign, other than a surface sign, which pro- jects from and is supported by a wall of a building or structure. 5302.15 Projection. The distance by which a sign extends over public property or beyond the building line. 5302.16 Roof Sign. A sign erected upon or above a roof of a building or structure. 5302.17 Sign. Any media, including their structure and component parts, which are used or intended to be used out-of-doors to attract attention to the subject matter for advertising, directional or informa- tional purposes. The area of a sign shall mean the space enclosed by the outer dimensions of the sign, or, if there is no border, the area shall be the space enclosed by sets of parallel lines containing the wording or images composing the sign. Projecting, roof or pole signs constructed back to back with faces in parallel planes not more than twenty (20) inches apart shall count as a single sign. Only one side need be calculated as the sign area. 5302.18 Sign Structure. The sign, and the supports, uprights, braces and framework of the sign. 5302.19 Site. Any property upon which a use, including abutting parking lots, is situated. For purposes of this ordinance, the frontage of a site shall constitute the lineal measurements in feet of that portion of the use fronting upon a public street. 5302.20 Structure. That which is built or constructed, an edifice or building of any kind, or any piece of work artifically built up or composed of parts joined together in some definite manner. 5302.21 Surface Sign. Any sign attached to, erected against or painted upon the wall of a building or structure, the face of which is in a single plane parallel to the plane of said wall. 5302.22 Temporary Sign. Any sign, banner, pennant, valance, or adver- tising display constructed of cloth, canvas, light fabric, card- board, wallboard, or other light materials, with or without frames, intend- ed to be displayed for a limited period of time only. ORDINANCE NO. 58 PAGE THREE 5302.23 Uniform Building Code. The latest publication of the Uniform Building Code, Volume 1, published by the International Con- ference of Building Officials, adopted by the City of Morro Bay, 5302.24 U.B.C. Standards. The latest publication of the Uniform Building Code Standards, known as Volume III, Uniform Building Code, published by the International Conference of Building Officials, adopted by the City of Morro Bay. 5302.25 Wind Sign. Banners or objects of plastic or other light material designed to move and attract attention upon being subjected to pressure by wind or breeze. 5302.26 Moving Sign. Any advertising structure which has any visible moving or revolving parts, except clocks, time and/or tempera- ture devices, and barber poles. 5303. PROHIBITIONS 5303.1 Compliance with Code. No person shall erect, re -erect, con- struct, enlarge, alter, repair, move, improve, remove, convert or equip any sign or sign structures, or paint a new wall sign, in the City, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this ordinance. 5303.2 Traffic Direction Signs. No person shall place, maintain or display upon or in view of any highway or street any unofficial sign, signal or device or any sign, signal or device which purports to be or is an imitation of, or resembles, any official traffic sign or signal or which attempts to direct the movement of traffic or which hides from view any official traffic sign or signal. 5303.3 Signs Affecting Visibility of Traffic Control Devices. No person not authorized shall erect or maintain any device which interferes with the visibility of any official traffic control device or warning signal. 5303.4 Types of Signs Prohibited. The following types of signs are prohibited: a) Flashing or animated electrical signs b) Wind signs c) Moving signs where rate of rotation is in excess of eight (8) R.P.M. d) Rotating signs where radius of rotation is greater than five (5) feet. e) Off -site (outdoor advertising) signs, other than those allowable under the Morro Bay Municipal Code. 5303.5 Affixing Advertising Matter, etc., to Lampposts, Poles, Trees, etc. It shall be unlawful for any person, except a public officer in performance of a public duty, to paste, paint, print, nail, tack, or otherwise fasten any card, banner, handbill, sign, poster, ad- vertisement or notice of any kind, or cause the same to be done, on any curbstone, lamppost, pole, hydrant, bridge or tree upon a public street or public property within the City, except as may be required by the pro- visions of this ordinance, other ordinances of the City or County, or the laws of the State, or of the United States. 5303.6 Affixing Advertising Matter, etc., to City property. It shall be unlawful for any person, except a public officer in per- formance of a public duty, to paste, post, paint, print, nail, tack or otherwise fasten any card, banner, handbill, sign, poster, advertisement or notice of any kind, or cause the same to be done, on any property of the City, without the consent of the City Council. V ORDINANCE NO. 58 PAGE FOUR 5303.7 Affixing Advertising Matter, etc. to Private Property. It shall be unlawful for any person, except a public officer in performance of a public duty, or a private person in giving a legal no- tice, to paste, post, paint, print, nail, tack or otherwise fasten any card, banner, handbill, sign, poster, advertisement or notice of any kind upon any property, without the consent of the owner, holder, lessee, agent or trustee thereof. 5303.8 Banners, etc., Over Streets, Sidewalks, etc. It shall be un- lawful for any person to suspend banners, flags, signs, adver- tisements, posters, pictures or cards across or over any sidewalk, alley, street, lane, park or other public place, without first obtaining the consent of the City Council. Application for such consent shall be made in writing, stating the manner of intended use, the method of erection, the purposes for which they are to be used, and the length of time re- quested. 5303.9 Signs Not Related to Property. No permit shall be issued and no person shall cause or permit a sign to be installed or erected which advertises a name, place, product, service, or any other subject not related to the property, or use of the property, on which it is located. 5303.10 Signs Adjacent to Power Lines. No permit shall be issued for any sign and no person shall cause or permit a sign to be con- structed, installed, or erected which has less horizontal or vertical clearance from energized electric power lines than prescribed by the California Penal Code Section 385, the regulations of the California Pub- lic Utilities Commission, and the orders of the Division of Industrial Safety, State of California. 5304. ENFORCEMENT 5304.1 Authority. The Building Official is hereby authorized and directed to enforce all provisions of this ordinance. 5304.2 Right of Entry. No person shall refuse the Building Official or his duly authorized representatives permission to enter any building, structure, or premises in the City at any reasonable time to perform any duty imposed upon him by this ordinance. 5305. PLANNING COMMISSION - AUTHORITY AND DUTY 5305.1 Authority and Duty. The Planning Commission shall have author- ity and duty to perform the following: a) To interpret the provisions of this ordinance at the re- quest of the Building Official or when a written appeal from a decision of the Building Official is filed with the Planning Commission. b) To issue Exception Permits under the procedure herein- after provided allowing deviations from any provision of this ordinance except: 1) The prohibitions against a sign, signal or device which imitates or resembles an official traffic sign or signal or attempts to direct the movement of traffic or hides from view any official traffic sign or signal. 2) The prohibition against any device which directs a beam of light in a flashing sequence toward a street or highway or any electrical sign or device that interferes with the visibility of any official traffic control device or warning signal. ORDINANCE NO. 58 PAGE FIVE 5306. EXCEPTION PERMITS PROCEDURE 5306.1 Application. Application for an Exception Permit shall be made by the property owner or by the lessee if approved by the pro- perty owner in writing on a form prescribed by the Planning Commission, and shall be accompanied by a fee of Twenty-five Dollars ($25.00). 5306.2 Public Hearing. Upon receipt of the required application and fee, a public hearing shall be held. Notice of such hearing shall be given by publication in the official newspaper of the City at least ten (10) days prior to the hearing and by mailing said notice, post- age prepaid, at least five (5) days prior to the hearing to all property owners whose names and addresses appear on the latest adopted tax roll as owning property within a distance of three hundred (300) feet from the exterior boundaries of the applicant's property. 5306.3 Action by Planning Commission. In order to grant an Exception Permit, the Commission must find that granting such permit is necessary to protect a substantial property right, will not be contrary to the purpose of this ordinance as herein set forth, and will not be materially detrimental to the health, safety, comfort or general welfare of persons residing in the neighborhood or detrimental or injurious to property or improvements in the neighborhood or to the general welfare of the City. 5306.4 Appeal. In case the applicant or any other person is not satis- fied with the action of the Planning Commission, he may within fifteen (15) days appeal in writing to the City Council. Notice shall be given to the Planning Commission of such appeal and said Commission shall submit a report to the City Council setting forth the reasons for the action taken by it. The City Council shall render its decision within sixty (60) days after the filing of such appeal. 5307. PERMITS. FEES, MAINTENANCE AND INSPECTION 5307.1 Permits. a) Permits Required. Except as provided in Section 5307.3 (Exemptions), no person shall erect, re -erect, construct or perform structural alterations on any sign, or paint a new surface sign, or cause the same to be done, with- out first obtaining a permit to do so from the Building Official when the cost of such work exceeds Twenty Dollars ($20.00). Electrical permits must be obtained for all work on electric signs except normal maintenance. b) Expiration. Every permit issued shall expire and become null and void if the work authorized by such permit is not commenced within sixty (60) days from the date of issuance, or if the work authorized by such permit is suspended or abandoned at any time after work is started for a period of sixty (60) days, or if the work author- ized by such permit is not completed within one hundred eighty (180) days from date of issuance of such permit. Before such work may be started or recommenced a new permit shall first be obtained. c) Suspension or Revocation. The Building Official may suspend or revoke a permit issued under the provisions of this ordinance whenever the permit is issued in error, or on the basis of incorrect information supplied, or violation of any ordinance or regulation or any of the provisions of this ordinance. If revocation is due to City error, the permit fee shall be refunded. d) The provisions of this section do not require a permit for normal maintenance and repair of lawful signs, in- cluding a replacing of tubing and lamps. ORDINANCE NO. 58 PAGE SIX 5307.2 Application. Application for a sign permit shall be made in writing upon forms furnished by the Building Official. Such application shall contain the location by street and number of the pro- posed sign structure, as well as the name and address of the owner and the sign contractor or erector. The Building Official may require the filing of plans or other pertinent information where in his opinion such information is necessary to assure compliance with this ordinance. 5307.3 Exemptions. a) The following signs shall not require a sign permit: 1) Real estate signs not to exceed one (1) square foot in area erected by the property owner which advertise the sale, rental, or lease of the pre- mises upon which said signs are located and which comply with Section 5313.7. 2) Professional name plates not exceeding two (2) square feet in area. 3) Bulletin boards not over fifteen (15) square feet in area for public, charitable, or religious in- stitutions when the same are located on the pre- mises of said institutions. 4) Signs denoting the architect, engineer or con- tractor, when placed upon the site of work under construction and not exceeding twelve (12) square feet in area. 5) Memorial signs or tablets, names of buildings and date of erection when cut into any masonry surface, or when constructed of bronze or other incombust- ible materials. 6) Signs of public service companies indicating danger, and aids to service or safety, or signs required by law. 7) Replacing copy in theater marquees and similar signs specifically designed for the use of replaceable copy. b) These exemptions shall not apply to electrical signs. c) These exemptions shall not relieve the owner of the sign from responsibility for its erection and maintenance and compliance with the provisions of this ordinance or any other law or ordinance regulating the same. 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 Less than $20.00 $20.00, to and including $100.00 More than $100.00, to and including $400.00 More than $400.00, to and including $700.00 More than $700.00, to and including $1,000.00 Each additional $1,000.00 or fraction, to and including $25,000.00 Each additional $1,000.00 or fraction, to and including $50,000.00 Each additional $1,000.00 or fraction, to and including $100,000.00 Each additional $1,000.00 or fraction, more than $100,000.00 FEE No fee $2.00 3.00 5.00 6.00 3.00 2.50 1.50 1.00 ORDINANCE NO. 58 PAGE SEVEN Plan Checking Fees: When the valuation of the proposed sign exceeds $1,000.00 and a plan is required to be submitted by the Building Official, a plan checking fee shall be paid to the Planning and Building Department at the time of submitting plans and specifications for checking. Said plan checking fee shall be equal to one-half of the sign permit fee as set forth above. The valuation of the sign shall be the actual erected cost or, in the event this cost is not properly substantiated, shall be determined by the Building Official. b) Five Dollars ($5.00) per inspection may be charged for ad- ditional inspections necessary as a result of faulty work- manship, materials, or the work not being ready for in- spection, when requested by the permittee. Notice of correction of faults or completion of work shall be given the Building Department and reinspection requested. 5307.5 Maintenance. All signs, together with all of their supports, braces, guys, and anchors, shall be kept in repair and in proper state of preservation. The display surfaces of all signs shall be kept neatly painted or posted at all times. 5307.6 Inspections. a) No person shall erect or install any sign for which a permit is required without first having such sign in- spected by the Building Official. If a request is made twenty-four (24) hours in advance such inspection will be done at the jobtoaddress prior to installation or erection of the sign. Also, the following inspections shall be called for by the builder: (1) Attachment inspections shall be required for roof and projecting signs and the manner of securing sign to the building shall not be covered until such inspection has been made. (2) Final inspection within twenty-four (24) hours after completion of the job. b) Footing inspections shall be required for ground signs. c) No person shall erect or install an electrical sign which does not bear the label of an approved testing laboratory without first having the same inspected and approved by the Building Official. d) The Building Official may order the alteration or re- moval of any sign that is not maintained in accordance with the provisions of Section 5307.5 (Maintenance). e) Any sign may be reinspected at the discretion of the Building Official. f) No person shall fail, refuse or neglect to report promptly the completion of the work described in the permit to allow inspection by the Building Official. 5308. DESIGN 5308.1 General. a) Signs and sign structures shall be designed and con- structed to resist wind and seismic forces as specified in this section. All bracing systems shall be designed and constructed to transfer lateral forces to the foun- dations. For signs on buildings the dead and lateral loads shall be transmitted through the structural frame of the building to the ground in such manner as not to overstress any of the elements thereof. b) The overturning moment produced from lateral forces ORDINANCE NO. 58 PAGE EIGHT shall in no case exceed two-thirds (2/3) of the deadload resisting moment. Uplift due to overturning shall be adequately resisted by proper anchorage to the ground or to the structural frame of the building. The weight of earth superimposed over footings may be used in determin- ing the deadload resisting moment. Such earth shall be carefully placed and thoroughly compacted. 5308.2 Wind Loads. Signs and sign structures shall be designed and constructed to resist wind forces as specified in Chapter 23 of the 1964 edition of the Uniform Building Code. 5308.3 Seismic Loads. Signs and sign structures shall be designed and constructed to resist seismic forces as provided in Sec- tion 2312, Appendix, of the Uniform Building Code. 5308.4 Combined Loads. Wind and seismic loads need not be combined in the design of signs or sign structures; only that loading producing the larger stresses need be used. Vertical design loads, ex- cept roof live loads, shall be assumed to be acting simultaneously with the wind or seismic loads. 5308.5 Allowable Stresses. a) The design of wood, concrete, or steel members shall conform to the requirements of Chapters 25, 26 and 27 of the Uniform Building Code. Loads, both vertical and horizontal, exerted on the soil shall not produce stresses exceeding those permitted by Chapter 28 of the Uniform Building Code. b) The working stresses of wire rope and its fastenings shall not exceed twenty-five (25) percent of the ulti- mate strength of the rope or fasteners. c) Working stresses for wind or seismic loads combined with dead loads may be increased as specified in Sec- tion 2303 of the Uniform Building Code. 5309. CONSTRUCTION 5309.1 General. The supports for all signs or sign structures shall be placed in or upon private property and shall be securely built, constructed, and erected in conformance with the requirements of this ordinance. 5309.2 Materials. a) Materials of construction for signs and sign structures shall be of the quality and grade as specified for buildings in the Uniform Building Code. b) In all signs and sign structures the materials and de- tails of construction shall, in the absence of specified requirements, conform with the following: 1) Structural steel shall be of such quality as to con- form with the U.B.C. Standard No. 27-1. Secondary members in contact with, or directly supporting, the display surface may be formed of light gauge steel provided such members are designed in accordance with the specifications for the design of light gauge steel as provided in U.B.C. Standards No. 27-2 and No. 27-3 and are galvanized to comply with American Society for Testing Materials "Standard Specifications for Zinc -coated Iron and Steel", A93-46. No minimum thickness is specified. Second- ary members, when formed integrally with the display ORDINANCE NO. 58 PAGE NINE surface, shall be not less than No. 24 gauge in thick- ness. When not formed integrally with the display surface, the minimum thickness of the secondary members shall be No. 12 gauge. The minimum thickness of hot - rolled steel members furnishing structural support for signs shall be one-fourth (1/4) inch ungalvanized and three -sixteenth (3/16) inch if galvanized. Steel pipe shall be of such quality as to conform with U.B.C. Standard No. 27-4. Steel members may be connected with one galvanized bolt provided the connection is adequate to transfer the stresses in the members. 2) Anchors and supports for signs when of wood which are imbedded in the soil, or are indirectly in contact therewith, shall be pressure -treated with an approved preservative before erection. Such members shall be marked or branded by an approved agency, or be of foundation grade redwood. 3) No material, part, portion, or equipment shall be used in any sign which might become dangerous because of vibration, corrosion, disintegration, or any other reason. 5309.3 Restrictions on Combustible Materials. a) Ground signs and pole signs may be constructed of any material meeting the requirements of this ordinance. b) Combination signs, pole signs, roof signs, wall signs, projecting signs, and signs on marquees shall be con- structed of materials as specified in the Uniform Build- ing Code except as provided in Section 5309.4. No com- bustible materials other than approved plastics shall be used in the construction of electrical signs. (See Section 5302.1 for approved plastics.) c) For requirements on temporary signs see Sections 5315 through 5317. 5309.4 Nonstructural Trim. Nonstructural trim may be of wood, metal, approved plastics, or any combination thereof. 5309.5 Anchorage. a) Members supporting unbraced signs shall be so proportioned that the bearing loads imposed on the soil in either direction, horizontal or vertical, shall not exceed the safe values. Braced ground signs shall be anchored to resist the specified wind or seismic load acting in any direction. Anchors and supports shall be designed for safe bearing loads on the soil and for an effective re- sistance to pull-out amounting to a force twenty-five (25%) percent greater than the required resistance to overturning. b) Portable ground signs supported by frames or posts rigidly attached to the base shall be so proportioned that the weight and size of the base will be adequate to resist the wind pressure specified in Section 5308.2. c) Signs attached to masonry, concrete, or steel shall be safely and securely fastened thereto by means of metal anchors, bolts, or approved expansion screws of sufficient size and anchorage to support safely the loads applied. d) No wooden blocks or plugs or anchors with wood used in connection with screws or nails shall be considered proper anchorage, except in the case of signs attached to wood framing. e) No anchor or support of any sign shall be connected to or supported by an unbraced parapet wall, unless such wall ORDINANCE NO. 58 PAGE TEN 5309.6 5309.7 proposed evidence its use. is designed in accordance with the provisions of Sec- tion 2314, of the Uniform Building Code. Display Surfaces. a) Display surfaces when made of glass or approved plastics shall conform as follows: 1) Glass thickness and area limitations shall be as set forth in Table 1-A. TABLE NO. 1-A SIZE, THICKNESS AND TYPE OF GLASS PANELS IN SIGNS Maximum Size of Exposed Glass Panel Minimum Thickness of Glass Any Dimension Area (In Sq. (In Inches) Type of Glass (In Inches) Inches) 30 500 1/8 Plain, Plate or Wire 45 700 3/16 Plain, Plate or Wire 144 3,600 1/4 Plain, Plate or Wire over 144 over 3,600 1/4 Wired Glass 2) Sections of approved plastics on wall signs shall not exceed one hundred fifty (150) sq. ft. in area. EXCEPTION: Sections of approved plastics on signs other than wall signs may be of unlimited area if approved by the Building Official. 3) Sections of approved plastics on wall signs shall be separated three (3) feet laterally and six (6) feet vertically by the required exterior wall con- struction. EXCEPTION: Sections of approved plastics on signs other than wall signs may not be required to be separated if approved by the Building Official. Approved Plastics. The Building Official shall require that sufficient technical data be submitted to substantiate the use of any plastic material and, if it is determined that the submitted is satisfactory for the use intended, he may approve M 5310.1 Surface Signs. Provided no other types of signs are erected on the property, surface signs are permitted to a maximum area of two (2) square feet for each one (1) lineal foot of frontage of the site. Such signs shall not project from the building over twelve (12) inches, nor shall any portion of the sign be less than one (1) foot from the perimeter of the vertical store front area. a) Where surface signs are used in conjunction with other types of signs on the same site, the total square foot- age permitted for all signs including the surface signs shall not exceed one (1) square foot for each one (1) lineal foot of frontage of the site. ORDINANCE NO. 58 PAGE ELEWN 5310.2 Projecting Signs. The total area of a projecting identifica- tion sign shall not exceed one (1) square foot for each one (1) lineal foot of frontage of the site. No projecting sign shall en- croach more than twelve (12) inches over public right-of-way. 5310.3 Ground or Pole Signs. The total area of a ground or pole identification sign shall not exceed one (1) square foot for each one (1) lineal foot of street frontage. Such ground or pole signs shall not encroach more than twelve (12) inches over public right-of-way. No part of any ground or pole sign or sign structure shall exceed thirty- five (35) feet in height above the ground area surrounding the sign. 5310.4 Roof Signs. The total area of a roof identification sign shall not exceed one (1) square foot for each one (1) lineal foot of frontage of the site. Such roof signs shall not encroach more than twelve (12) inches over public right-of-way. a) No roof sign shall exceed thirty-five (35) feet maxi- mum height from grade level, or more than six (6) feet above the eave or parapet line (edge of roof) of the building, whichever is lower. 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 suspended from the under side of the marquee provided it is at right angles to the length of the marquee and is not less than eight (8) feet above the public right-of-way or any walkway designed for public use immediately below the sign. The length of this sign shall be limited to 75% of the width of the marquee to a maximum of five (5) feet. 5310.6 General Conditions. a) A combination of two (2) or more types of signs may be erected, provided the total sign area on the site does not exceed one (1) square foot for each one (1) lineal foot of frontage of the site. In the case of a site fronting on more than one public street, identification signs may be erected which do not exceed one (1) square foot for each one (1) lineal foot of frontage for one street frontage and one (1) square foot for each two (2) lineal feet of frontage for each additional street frontage. The maximum permitted sign area for each frontage shall be determined independently. b) Any on -site sign, or the aggregate of all on -site signs, on any one frontage exceeding four hundred (400) square feet in area shall require an Exception Permit. c) No sign shall be constructed of temporary materials (e.g. paper, cloth, etc.), nor shall any sign be painted directly upon the exterior of a free-standing wall or fence. 5311. ON -SITE SIGNS IN COMMERCIAL SHOPPING CENTERS 5311.1 Special Provisions. In addition to all other signs allowed in Section 5310, one (1) ground or pole sign not exceeding two hundred (200) square feet in area identifying a commercial development or retail center may be allowed, subject to first securing an Exception Permit. 5312. ON -SITE SIGNS IN APARTMENT HOUSE RESIDENTIAL DISTRICTS (R-3 AND R-4) 5312.1 Surface Signs. One(1) on -site identification surface sign not to exceed twenty (20) square feet in area shall be permitted on ORDINANCE NO. 58 PAGE TWELVE any apartment house, but shall not be higher than the highest portion of the building. 5312.2 Ground or Pole Signs. One (1) ground or pole on -site identifi- cation sign not exceeding ten (10) feet in area or twenty (20) feet in height shall be permitted on any site in an apartment house resi- dential district. 5313. OTHER ADVERTISING SIGNS, DEVICES AND STRUCTURES 5313.1 Devices Other Than Signs. Devices used to advertise, other than on -site signs, are subject to an Exception Permit. 5313.2 Display Structures. Display structures for pedestrian viewing shall be permitted in any C District upon the granting of an Exception Permit. Such structures may include enclosed displays of products sold or bulletin -type advertising stands which may serve other functional purposes, such as bus stop benches, kiosks, covers for in- clement weather and the like, or may serve as an additional structural element to improve pedestrian ways, landscaped areas or parking facilities. Such display structures shall comply with building setback requirements, shall have a total area not to exceed fifty (50) per cent of the sign area requirements as prescribed in Section 5310 for enterprise identification signs, and shall be illuminated only by indirect light, semi -direct light or diffused light. 5313.3 Grand Opening Advertising. Temporary advertising signs, de- vices, or display structures may be used during the opening of a new building, use, or business provided said advertising matter is dis- played only from thirty (30) days preceding to sixty (60) days subsequent to the date of the first day of opening. 5313.4 Political Campaign Signs. Temporary, non-commercial political signs not to exceed six (6) square feet total area shall be permitted on private property, with the permission of the owner, in any district for a reasonable period of time preceding an election. Such signs shall be removed within fifteen (15) days after the election. 5313.5 Special Event Signs. Temporary campaign signs not to exceed fifty (50) square feet in total area announcing a campaign drive or event of a civic, philanthropic, educational, or religious organi- zation shall be permitted on private property in any district for thirty (30) days. Such signs shall be removed within fifteen (15) days after the event. 5313.6 Subdivision Signs. Signs not exceeding fifty (50) square feet in aggregate area for the advertising of the sale of a subdivi- sion may be displayed on the site of the subdivision upon the securing of an Exception Permit for the erection of such signs. 5313.7 Real Estate Signs. The legal owner of any property shall be permitted to advertise that property "for sale", "for rent", "for lease" or "see your broker" by displaying one (1) sign not more than one (1) square foot in area. a) Except as provided in Section 5313.6, all other real estate signs advertising improved or unimproved property "for sale", "for rent", or "for lease", or announcing the property as "sold", are prohibited. 5313.8 Signs or Advertising Displays on Vehicles. Any sign which is attached to, painted or displayed upon any trailer, truck, automobile or other licensed or unlicensed vehicle, and which is placed, ORDINANCE NO. 58 PAGE THIRTEEN parked, abandoned or permitted to remain upon any street or upon private property with the intent to avoid the requirements of any of the provisions of this ordinance is prohibited. 5314. ILLUMINATED SIGNS 5314.1 Illumination. illuminated signs shall be provided with illumi- nation as provided in this section. a) Illumination shall be furnished by means of incandescent lamps or luminous tubes either affixed to the surface of the sign or suitably mounted in the interior of the sign itself. b) when such lamps are placed in the interior of the sign, approved translucent material shall be provided in the faces. c) The maximum rating of individual unshielded incandescent lamps exposed on the surface of any sign shall be forty (40) watts. d) The required illumination shall be uniformly distri- buted over the face of the sign. The use of luminous tubes as borders and trim only shall not be construed to provide sufficient illumination. 5314.2 Electrical Installations. a) Installation. Electrical equipment used in connection with display signs shall be installed in accordance with all provisions regulating electrical installations. b) Erector's Name. Every electrical sign shall have on the surface of the sign the name of the sign erector and date of erection. Such name and date shall be of suffi- cient size and contrast to be readable from ground level. 5314.3 Material, Electrical Signs. a) Electrical signs shall be constructed of incombustible materials, except as provided in Section 5309.4. b) The enclosed shell of electrical signs shall be water- tight, excepting that service holes fitted with covers shall be provided in each compartment of such signs. 5315. TEMPORARY SIGNS 5315.1 Size. No temporary sign shall exceed one hundred (100) square feet in area. Temporary signs of rigid material shall not ex- ceed twenty-four (24) square feet in area, or six (6) feet in height. 5315.2 Period Allowed. Temporary signs may remain in place for a period not exceeding thirty (30) days per each such installation. 5316. CLOTH SIGNS 5316.1 Support. Every temporary cloth sign suspended over any public street or way shall be supported and attached with wire rope of three -eighth (3/8) inch minimum diameter. No strings or wood slats shall be permitted for support or anchorage purposes. Cloth signs and panels hung in a manner so they are subject to wind pressure shall be per- forated over at least ten (10) percent of their area to reduce wind resistance. 5316.2 Projection and Clearance. Cloth signs may extend over public property. Such signs, when extended over a public street, shall ORDINANCE NO. 58 PAGE FOURTEEN maintain a minimum vertical clearance of fourteen (14) feet six (6) inches. 5316.3 Council Permission. Cloth signs may extend across a public street only by permission of the City Council and shall be subject to all applicable laws and ordinances, as well as Section 5303.8 of this ordinance. 5317. OTHER TEMPORARY SIGNS 5317.1 Projection. Other temporary signs, when eight (8) feet or more above the ground, may project not more than six (6) inches over public property or beyond the building line. 5318. NONCONFORMING SIGNS 5318.1 Existing. Signs existing at time of adoption of this ordinance which do not comply with the provisions hereof shall be regarded as nonconforming signs. Such signs may be removed for the purpose of repair- ing and repainting them and may be replaced upon obtaining a permit and hav- ing the same inspected. Such sign may be removed and replaced under a single permit if the same is replaced within sixty (60) days of its removal. 5318.2 Change of Ownership. Upon change of ownership of the business advertised by any such sign, the new owner may change any name or names on such sign so long as the sign advertises the same type of busi- ness and there is no change in the configuration of such sign. 5318.3 Temporary Removal. Any such sign may be removed for the purpose of remodeling a building and replaced within thirty (30) days after the remodeling is completed. Such sign may be removed and replaced under a single permit. 5318.4 Alterations. Alterations to such signs may be made only upon ob- taining an Exception Permit according to the provisions of this ordinance. 5318.5 Removal and Replacement. When any sign is removed and replaced under the provisions of this ordinance, said sign shall not be moved, rotated, transposed or altered in any way in its location to enable it to be read or viewed from a different direction than its original position. 5318.6 Change of Business. Whenever there occurs a change in the type of business conducted upon any site or in any building within the city, all existing signs for the prior business shall be altered, removed or otherwise made to conform to the provisions of this ordinance. 5319. AMORTIZATION - NONCONFORMING SIGNS 5319.1 Time Limits. There are hereby declared to be the following time periods commencing six months from the effective date of this ordinance, within which certain existing nonconforming signs listed below shall be altered, removed, or otherwise made to comply with the provisions of this ordinance. a) Temporary, sandwich board, movable free- standing, tire stacks, wind and real estate signs: 60 days b) Moving signs (except those not exceeding eight (8) R.P.M.): 2 years ORDINANCE NO. 58 PAGE FIFTEEN 5320. RECORD OF NONCONFORMING SIGNS 5320.1 List of Nonconforming Signs. Within three (3) months of the effective date of this ordinance, the Building Official shall compile a list of signs which as of said date do not conform to the pro- visions of this ordinance and are subject to amortization in accordance with Section 5319, and file the same in his office. 5320.2 Notification. a) Within three (3) months after said filing, the Building Official shall cause to be mailed to the owners of property and the proprietor of premises on which non- conforming signs are located, notice of the existence of such nonconforming signs and the time within which the same must be made to conform or be abated. b) For purposes of such notification, the last known name and address of the owner of the property in question shall be used, as shown on the last equalized assess- ment roll of the County of San Luis Obispo. c) Notification to such owner of the property shall be deemed to be notification to the owner of the sign in question. d) The mailing of such notice shall be done by certified mail. The failure of the owner to receive the same shall in no way impair the effectiveness of the provi- sions of this ordinance or the validity of any proceed- ings taken for the abatement of any'such sign. 5321. SIGNS HEREAFTER RENDERED NONCONFORMING 5321.1 Signs Which Become Nonconforming. Any sign which becomes non- conforming subsequent to the effective date of this ordinance, either by reason of the annexation to the City of the territory upon which the sign is located, or the amendment of this ordinance to render such sign noncomplying, or otherwise, shall also be subject to the provisions hereof. 5321.2 Time Limits. The period within which such sign must be abated as provided in Section 5319 shall commence to run upon the ef- fective date of such annexation or of such amendment, or the date upon which the sign otherwise becomes nonconforming. 22. ABATEMENT 5322.1 Abatement or Conformation. Nonconforming signs listed in Section 5319 shall either be made to conform with the provisions of this ordinance, or abated within the applicable period of time set forth in Section 5319. 5322.2 Building Official Order to Abate. In the event a sign is not abated in accordance with Section 5322.1, the Building Official shall order the same abated by the owner of the property and any other person }mown to be responsible for the maintenance of the sign. It shall thereafter be unlawful for any such person to maintain or suffer to be maintained any such sign on any property owned or controlled by him. 5322.3 Manner of Abatement. Unless some other mode of abatement is approved by the Building Official in writing, abatement of non- conforming signs shall be accomplished in the followirig.manner: a) Movable Signs - Rotation Exceeding Eight (8) R.P.M. By reducing rate of rotation to eight (8) R.P.M. or less or by removing the sign. ORDINANCE NO. 58 PAGE SIXTEEN b) Other Signs. By removal dependent structures and sign permit duly issued, or replacement thereof, sions of this ordinance. 5323. ABANDONED SIGNS of the sign, including its supports; or pursuant to a by modification, alteration in conformity with the provi- 5323.1 Must Be Abated. No person shall maintain or permit to be main- tained on any premises owned or controlled by him any sign which has been abandoned. Any such sign shall promptly be abated by the owner or such other person. a) Any sign which is located on property which becomes vacant and unoccupied for a period of six (6) months or more, and any sign which was erected for an occupant or business unrelated to the present occupant or his business, and any sign which pertains to a time, event, or purpose which no longer obtains, shall be presumed to have been abandoned. 5324. UNSAFE AND UNLAWFUL SIGNS 5324.1 Found to be in Violation. Whenever a sign is found to be erected or maintained in violation of any provision of this or of any other ordinance or law, the Building Official shall order that such sign be altered, repaired, reconstructed, demolished, or removed as may be appropriate to abate such condition. Any work required to be done shall, unless a different time is specified, be completed within ten (10) days of the date of such order. 5324.2 Revocation of Permit. Failure, neglect or refusal to comply with such order of the Building Official shall be sufficient basis for the revocation of any permit granted under this ordinance. 5324.3 May Be Removed. In addition to any other remedies provided by law, the Building Official shall have the power and authority summarily to remove or cause to be removed, at the owner's expense, any sign erected or maintained in violation of the provisions of this ordinance. 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 27th day of June , 1967, by the following roll call vote: AYES: Councilmen Bickford, Bowen, Keiser, Mallery & Mayor Surfluh NOES: None ABSENT: None ATTEST: Q. i L_A�� J. S. SURFLUH, ayor 0 C. TED WHITE, City Cler ■ follows: ORDINANCE NO. 57 AN ORDINANCE CREATING AND ADDING SECTION 6303 TO CHAPTER III TITLE VI OF THE MORRO BAY MUNICIPAL CODE ENTITLED "CARD ROOMS" THE CITY COUNCIL City of Morro Bay, California The City Council of the City of Morro Bay does ordain as SECTION 1. There is hereby created and added Section 6303 to Chapter III, Title VI of the Morro Bay Municipal Code entitled "Card Rooms". 6303. Card Rooms: It mall be unlawful for any person to conduct or maintain any business as a card room where any person may play or bet at, or as owner or employee open, deal, play, carry on, or conduct any game of chance or skill played with cards,for money, checks or any other representative of value. 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 loth day of • ORDINANCE NO. 57 PAGE TWO January , 190, by the following roll call vote: AYES: Councilmen Bickford, Bowen, Keiser, Mallery & Mayor Surfluh NOES: None ABSENT: None J. S. SURFLUV MAYOR ATTEST: C. TED WHITE, City Clerk r CERTIFICATION OF CITY CLERK I, C. TED WHITE, City Clerk of the City of Morro Bay do hereby certify that the foregoing is a true and correct copy of Ordinance No. 57 passed by the City Council of the City of Morro Bay at a regular meeting thereof held on the loth day of January , 19617. DATED: C. TED WHITE, City Clerk ORDINANCE NO. 56 AN ORDINANCE OF THE CITY OF MORRO BAY CREATING CHAPTER VI OF TITLE XI OF THE MORRO BAY MUNICIPAL CODE PROHIBITING GAMBLING THE CITY COUNCIL City of Morro Bay, California The City Council of the City of Morro Bay does ordain as follows: SECTION 1. Chapter VI of Title XI of the Morro Bay Munici- pal Code entitled "Prohibiting Gambling" is hereby created as follows: CHAPTER VI PROHIBITING GAMBLING 11601: No person shall play or bet at, or as owner or employee open, deal, play, carry on or conduct any game of chance played with cards, dice, balls, pins, checkers, counters, quoits, beans, spindles, tables, wheels, machines, or any other device, contrivance or apparatus, or with any combination of any thereof, for money, checks or other representative of value. Any person who violates any of the provisions hereof shall be guilty of a misdemeanor. 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 The Sun, a newspaper of general circulation, published and circu- lated in the City of Morro Bay and thenceforth and thereafter the same shall be in full force and effect. ORDINANCE FAILED TO PASS December 27, 1966 • 0 ORDINANCE NO. 56 PAGE TWO PASSED AND ADOPTED by the City Council of the City of Morro Bay at a meeting of said City Council held this day of December, 1966, by the following roll call vote: AYES: None NOES: Councilmen Bickford, Keiser, Mallery & Mayor Surfluh ABSENT: Councilman Bowen J. S. SURFLUH, Mayor ATTEST: C. TED WHITE, City Clerk ORDINANCE FAILED TO PASS December 27, 1966 ORDINANCE NO. SS AN ORDINANCE OF THE CITY OF MORRO BAY CREATING CHAPTER V TO TITLE XI PROVIDING FOR THE LICENSING, REGULATION AND OPERATION OF AMBULANCES 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 V to Title XI of the Morro Bay Municipal Code entitled "Ambulance Regulations" is hereby created as follows: CHAPTER V AMBULANCE REGULATIONS 11501: Definitions. The following words and phrases are defined as follows for the purpose of this section: 1. Ambulance: Every motor vehicle used, designed or re- designed for the transportation of sick or injured persons for emergency or routine service. 2. Ambulance Operator: The person, partnership or corpora- tion holding a City of Morro Bay ambulance operator's license. 3. Attendant's Permit: A City of Morro Bay ambulance attendant's permit. 4. Chief of Police: The chief officer of the City of Morro Bay Police Department. 5. City Clerk: The City Clerk of the City of Morro Bay. 6. City Council: The City Council of the City of Morro Bay. 7. Direct Call: A request for emergency ambulance service made by telephone or other means directly to the holder of an ambu- lance permit, his agents or employees. 8. Driver's Permit: A City of Morro Bay ambulance driver's permit. Ordinance No. 55 Page Two 9. Emergency Ambulance: An ambulance used, designed or redesigned for the purpose of transporting the sick or injured, the rendering of first aid, or the performance of rescue work while the vehicle is being operated under emergency circumstances. 10. Emergency Service: This shall include the ambulance trip to the place of emergency, the rendering of first aid and assistance, and the trip to the hospital. 11. Emergency Circumstances: The existence of circumstances in which the element of time in transporting the sick or injured for medical treatment is essential to the health or life of such person. 12. Operator's License: A City of Morro Bay ambulance operator's license. 13. Routine Service: This shall include the ambulance trip to the place requested for ambulance service not classified as emergency service, and the trip to the hospital. 11502. Ambulance Operator's License Required. It shall be unlawful for any person, firm or corporation to engage in furnishing ambulance service by operating or driving, or causing to be operated or driven, an ambulance upon the public streets of the City of Morro Bay without first having obtained a City of Morro Bay ambulance operator's license. 11503. Application for License. Application for an ambulance operator's license shall be filed with the Chief of Police and such application shall be submitted upon a form or forms to be furnished by the Police Department. The application shall furnish the following proof and information with the application, subscribed and sworn to before a Notary Public: 8 Ordinance No. SS Page Three 1. That the applicant or applicants have not been convicted of a felony or of a misdemeanor involving moral turpitude, use or possession of narcotics, or for operating a vehicle under the in- fluence of intoxicating liquor, within the five years immediately preceding application for a license. 2. A statement that the applicant has liability insurance in accordance with the requirements hereinafter provided. No ambulance operator's license will be issued until such insurance is in effect. 3. The applicant shall comply with the laws of the State of California with reference to permits, licenses, minimum equipment, and minimum qualifications of operators and attendants. 4. Each applicant must submit three passport size photographs. S. Each applicant must be fingerprinted by the Police Depart- ment of the City of Morro Bay. 6. The application shall set out the number of ambulances which the applicant proposes to operate and the make, model, motor number and correct State license number of each vehicle shall be listed. If the application is made before one or more such ambulances have been acquired by the applicant, then such information shall be furnished to the Chief of Police before issuance of a permit for such vehicle. 7. Such other information as the Chief of Police shall find reasonably necessary to a fair determination of whether the terms of this ordinance have been complied with. 8. The agreement of the operator that in the event such license is granted, sixty (60) days' notice of discontinuance of ambulance service to be rendered by the operator under such license shall be given to the Chief of Police, in the event the operator for any reason determines after the issuance of such license to discontinue ambulance service thereunder. 9. The maximum rates proposed to be charged for ambulance ser- vice by the operator which shall not thereafter be raised without the prior approval of the City Council. Ordinance No. 55 Page Four 11504. Issuance of License. A license for the operation of an ambulance within the City of Morro Bay may be issued by the Chief of Police if it is found: 1. That the public convenience and necessity require the pro- posed ambulance service for which application has been submitted. In determining whether public convenience and necessity require the licensing of the proposed ambulance service, consideration shall be given as to whether the public is, at the time, adequately served, the financial responsibility and experience of the applicant, the number, kind and type of equipment, the schedule of rates proposed to be charged, the increased traffic congestion upon the streets of the City, whether the safe use of the streets by the people will be preserved, and such other facts as may be considered relevant. 2. That the applicant proposes to maintain a sufficient number of ambulances with adequate personnel and equipment to effi- ciently provide for the safety and welfare of the citizens of the City under the terms and provisions hereof. Suchlicense shall be conditioned upon the maintenance by the applicant of the number of ambulance units that may, from time to time, be prescribed by the City and that each ambulance be manned by at least one driver and one attendant. 3. That insurance policies as required by this ordinance have been procured. 4. That the applicant and all attendants and drivers are fit and proper persons to conduct or work in the proposed business. 5. That all the requirements of this ordinance, the laws of the State of California and all other governing laws and ordinances have been met. 11505. License Fee. The fee for an ambulance operator's license shall be forty dollars ($40.00) per ambulance per year. All ambulance licenses 9 Ordinance No. 55 Page Five shall terminate on December 31 of each year. Such licenses may be renewed by paying the license fee before the termination date. When a new license is issued after January 1 of any license year, the fee shall be pro -rated on a quarterly basis. The City will furnish identifying markers for each authorized ambulance and such markers shall be affixed on or in the vicinity of the rear license plates of such vehicles. All ambulances shall have prominently displayed on both exterior sides thereof the name of the ambulance service. 11506. Licenses and/or Permits Not Required. Licenses and/or permits shall not be required for the opera- tion of ambulances or for ambulance drivers or attendants under the following conditions: 1. Ambulances rendering assistance to ambulances holding current valid licenses in the case of a major catastrophe or emer- gency with which the amublances holding current valid permits are insufficient or unable to cope. 2. Ambulances operated from a location or headquarters out- side of the City limits of the City of Morro Bay which are: a. Transporting patients who are picked up outside of the limits of the City to locations within the City. b. Transporting patients who are picked up outside of the limits of the City, through the City, to locations outside the limits of the City. 11507. Chanes In Partnership or in Officers of Corporation - City s Rig t to nspect Books. 1. All changes in the partnership or in the officers of the corporation which holds an ambulance operator's license shall be re- ported to the Chief of Police within ten (10) days after such change and the new partners or new officers shall individually file applica- tions certifying to their individual qualifications within such time. V 8 Ordinance No. SS Page Six Failure to do so shall be cause for suspension of the operator's license during the time that such partners or officers fail to comply with this requirement. 2. The books and records of the holder of an operator's license shall be open for inspection by the Chief of Police and personnel of his department at reasonable hours. 11508. Insurance Required. Before an ambulance operator's license is granted, or before any renewal thereof, the applicant seeking the license renewal shall provide evidence that he has in full force and effect a public liabil- ity insurance policy on each ambulance, such insurance policy to be issued by an insurance company licensed to do business in the State of California. The licensee shall carry public liability insurance in an amount not less than $100,000 for personal injury to, or wrongful death of, any person; $300,000 for personal injury to, or wrongful death of, more than one person in one accident; and $50,000 property damage. The policy shall be for the protection of any person, whether as passenger in the ambulance or not, injured or killed by the negligence of the li,cen.see or his agent or employee. A copy of the policy shall be filed with the City Clerk and said policy shall provide that it cannot be cancelled without ten (10) days written notice to the City. 11509. Condition of Ambulance and Supplies Required. No ambulance shall be operated on the public streets of the City unless it complies with the following requirements: 1. The ambulance is free of structural defects. 2. The ambulance has no serious impairment of any safety feature resulting from an accident or otherwise. 3. The ambulance is equipped with the following: a. An ambulance stretcher with clean linens; two blankets and a sanitary mattress cover 11 I Ordinance No. 55 Page Seven b. A back board c. Two lower extremity splints and two upper extremity splints d. One resuscitator unit with at least two (2) "D" size oxygen cylinders with a minimum of 1000 pounds of oxygen in each cylinder e. One underwriters listed five pound CO2 fire extin- guisher or a five pound dry chemical fire extinguisher f. Two three -cell flashlights equipped with bulbs and batteries in good working order. g. One rotating red light mounted on the top of the vehicle which is clearly visible from a 3600 coverage, and one California approved steady burning red light visible from the front of the vehicle. h. One 24 unit First Aid Kit composed of the minimum number of the following articles: (1) 2 units - 1" Adhesive Compress (2) 2 units - 2" Bandage Compress (3) 2 units - 3" Bandage Compress (4) 2 units - 4" Bandage Compress (5) 1 unit - 3" x 3" Plain Gauze Pads (6) 2 units - Gauze Roller Bandage (7) 1 unit - Eye Dressing Packet (8) 4 units - Plain Absorbent Gauze - � sq. yd. (9) 3 units - Plain Absorbent Gauze - 24" x 72" (10) 4 units - Triangular Bandages (11) 1 unit - Tourniquet - Scissors - Tweezers i. In addition to the first aid materials furnished in the First Aid Kit, the minimum number of the following additional first aid items will be required: (1) One h oz. bottle of Aromatic Spirits of ammonia or two units of crushable ammonia inhalents (2) Two units of Tincture Methiolate swabs or one h oz bottle Tincture Methiolate (3) Two units Foille Ointment for burns or one 1 oz bottle of Foille Ointment (4) One 2" roll and two 1" rolls of adhesive tape 9 Ordinance No.55 Page Eight (5) Four Z" rolls gauze roller bandage (6) One box absorbent cotton (7) One dozen wooden tongue depressors (8) Two units sterile sheets (9) Two elastic bandages (10) One box cleansing tissue (a) All first aid kits shall be filled with the articles listed above or a substitute of like quality and quantity (b) All first aid kits shall be refilled regularly enough to be kept at 90% strength and shall also be checked periodically for empty boxes and defective materials (c) All materials in the first aid kit shall be kept in a suitable container with a water tight gasket 11510. Additional Equipment Required for Radio Dispatched Tulances. In addition to the requirements set out for the condition of the ambulance and required equipment and supplies set out in Section 11509 above, ambulances shall be equipped with a two-way radio in proper working order and capable of receiving and transmitting voice messages on a frequency lawfully designated and licensed by the Federal Communications Commission. 11511. Inspection of Ambulances. The Police Department of the City of Morro Bay shall cause all ambulances to be inspected before being placed in service and shall thereafter inspect such ambulances not less than once each six (6) months. In addition, the Police Department shall inspect all ambulances from time to time on a spot inspection basis. In the event an ambu- lance fails to pass an inspection, or in the event inspection thereof is refused, or not allowed, the Chief of Police shall notify the dispatcher to withhold dispatching privileges from the ambulance operator until the vehicle has passed inspection. In addition, the Chief of Police may request a hearing before the City Council to suspend or revoke his license. 9 Ordinance No. 55 Page Nine The inspections herein provided for may also be made by personnel of the Fire Department of the City of Morro Bay. 11512. Radio Dispatchin Any holder of any ambulance operator's license will be granted police dispatching privileges upon application therefor and the furnishing to the Police Department of the necessary two-way radio equipment if, in the opinion of the Chief of Police, said dispatching will in no way interfere with the normal operation of the police dispatching facility. 11513. Procedure for Police Dispatched Ambulances. 1. Upon receipt of a request for ambulance service, the police dispatcher shall call by telephone or radio the duly licensed ambulance service and if such service has an ambulance available on the premises, the ambulance shall be dispatched to the place of the call. If the ambulance service does not have an ambulance available on the premises and is unable to accept said call, then the police radio dispatcher shall proceed to notify the next nearest ambulance service which will be requested to furnish immediate ambulance service. 2. The procedures to be followed by ambulance operators, their agents or employees, in the operation of ambulances in all instances where they are dispatched by the police dispatcher are as follows: a. A report by two-way radio shall be made from the ambulance to the police dispatcher when leaving the premises of the ambulance license holder. b. A report by two-way radio from the ambulance shall be made to the police dispatcher when the ambulance arrives at the place of the service call. c. A report by two-way radio from the ambulance shall be made to the police dispatcher when the ambulance is driven from the place of the service call and this Ordinance No. SS Page Ten report shall advise to which hospital the ill or injured person is being conveyed. d. A report by two-way radio shall be made to the police radio dispatcher from the ambulance when the ambulance arrives at the hospital. e. The driver or the attendant of the ambulance shall report to the radio dispatcher by radio or telephone the name, age and to the extent that he is able to do so, the type of illness, injury or other cause which required the ambulance service. This report to be made as soon after the service call as is practicable. 3. It shall be unlawful for an ambulance operator, ambulance driver or ambulance attendant to refuse to carry or transport any sick or injured person after having been dispatched thereto or cleared thereto by the police radio dispatcher, and the circumstances that the sick or injured person is, or appears to be, indigent, shall not serve as an excuse from this requirement. 11514. Use of Red Lights, Sirens and Speed. 1. It shall be unlawful to operate or drive an ambulance on the public streets of the City of Morro Bay in excess of the speed limits applicable to non -emergency vehicles unless the driver thereof has been dispatched or cleared for emergency ambulance service. 2. The use of sirens or flashing emergency lights upon the public streets in the City of Morro Bay shall be unlawful except when furnishing ambulance service which has been dispatched or cleared by the police radio dispatcher. 3. It shall be unlawful to drive and operate an ambulance on the public streets of the City of Morro Bay at a rate of speed of more than ten (10) miles per hour in excess of the speed limits applicable to non -emergency vehicles. 4. It shall be unlawful to operate or drive an ambulance in Ordinance No.55 Page Eleven excess of ten (10) miles per hour while entering and passing through an intersection if such intersection is controlled by a stop sign, a yield sign or by a traffic signal which indicates stop by displaying a red light. 11515. Driver's Permit Required. It shall be unlawful for any person to operate or drive or cause to be operated or driven an ambulance upon the public streets of the City of Morro Bay when furnishing ambulance service, unless the driver thereof shall first have obtained a City of Morro Bay ambulance driver's permit. 11516. Application for Driver's Permit. Ambulance drivers shall have the following qualifications and an application for such permit shall be submitted upon a form or forms to be provided by the Police Department. 1. Applicant must be 21 years of age or older. 2. The applicant shall not be eligible if he has been con- victed of a felony or of a misdemeanor involving moral turpitude, use or possession of narcotics, or for operating a vehicle under the influence of intoxicating liquor,within the five years immediately preceding application for a permit. 3. The applicant must be fingerprinted by the Police Department and a complete background investigation will be made of each applicant. 4. The applicant must be the holder of a valid State of Cali- fornia ambulance driver's license. S. The applicant must be the holder of a valid American Red Cross Advanced First Aid Certificate. 6. Such application must be signed and sworn to before a Notary Public. 7. A permit fee of two dollars ($2.00) must be paid prior to issuance of a permit. Ordinance No. 5S Page Twelve 11517. Attendant's Permit Required. It shall be unlawful to operate or drive or cause to be operated or driven an ambulance upon the public streets of the City of Morro Bay when furnishing ambulance service unless a person holding a City of Morro Bay ambulance attendants permit is riding within said ambulance. 11518. Application for Attendant's Permit. Attendant's shall have the following qualifications and an application for such permit shall be submitted upon a form or forms provided by the Police Department: 1. Applicant must be 21 years of age or older. 2. The applicant shall not be eligible if he has been con- victed of a felony or of a misdemeanor involving moral turpitude, use or possession of narcotics, or for operating a vehicle under the influence of intoxicating liquor, within the five years immediately preceding application for a permit. 3. The applicant must be fingerprinted by the Police Department and a complete background investigation will be made of each applicant. 4. The applicant must be the holder of a valid American Red Cross Advanced First Aid Certificate. 5. Such application must be signed and sworn to before a Notary Public. 6. A permit fee of two dollars ($2.00) must be paid prior to issuance of a permit. 11519. Determination of Qualifications of Drivers and Attendants. The Chief of Police shall investigate the application and determine whether the applicant meets the qualifications required for the issuance of ambulance driver's or attendant's permits. If the applicant is so qualified the Chief of Police shall issue such a per- mit. After issuance of a driver's or attendant's permit, it shall be the responsibility of the licensee to inform the Police Department of any change of address or phone number. rd Ordinance No. 55 Page Thirteen If the applicant is not qualified, the Chief of Police shall notify the applicant by writing to him at the applicant's address as set forth in the application. 11520. First Aid Trainin 1. It shall be unlawful to operate or drive, or cause to be operated or driven, an ambulance upon the public streets of the City of Morro Bay for the purpose of furnishing ambulance service unless the driver and attendant thereon have in their possession a current Red Cross card certifying that the holder thereof has passed the Advanced American Red Cross First Aid Course. 2. It shall be unlawful for the driver or the attendant of an ambulance to fail to render first aid and assistance to the sick or injured at the place of the call for routine or emergency service. 11521. Revocation of Driver's and Attendant's Permits. The Chief of Police may revoke an ambulance driver's permit or an ambulance attendant's permit for conviction of a violation of the provisions of this ordinance, a crime involving moral turpitude or when, in his opinion, the 1'icensee is unfit to serve as a driver or attendant of an ambulance under the qualifications prescribed in this ordinance. 11522. Revocation of Operator's License. The City Council, after public hearing, may revoke any license granted pursuant to this ordinance on any one or more of the following grounds: 1.. That the license was obtained by fraud or misrepresentation; 2. That the licensee has failed to operate an ambulance in accordance with the provisions and requirements of this ordinance; 3. That the City Council finds that the licensee's past record is unsatisfactory; or 4. That the licensee has ceased to operate any ambulance for a period of thirty consecutive days without having obtained permission for cessation of such operation from the City. Ordinance No. SS Page Fourteen SECTION 2. This ordinance hereby is declared to be for the immediate preservation of the public peace, health and safety, and is being enacted to take effect immediately in accordance with Section 36937 of the Government Code of the State of California. The fact that the City of Morro Bay is at present without adequate ambulance service and the ordinances, rules and regulations of said City do not provide for the licensing, operation and regulation of such ambulance service creates an emergency and renders it necessary that this ordinance take effect immediately. The City Council of the City of Morro Bay hereby determines that it is necessary, under the provisions of Section 36937 of the Government Code of the State of California, that this ordinance take effect immediately upon its adoption. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a meeting of said Council held this 13th day of December, 1966, by the following roll call vote: AYES: Councilmen Bickford, Bowen, Keiser, Mallery F, Mayor Surfluh NOES: None ABSENT: None � -3 LAi.," J. S. SURFLUH, Mayor ATTEST: C. TED WHITE, City Clerk ORDINANCE NO. 54 AN ORDINANCE OF THE CITY OF MORRO BAY CREATING AND ADOPTING PART I TO CHAPTER VI OF TITLE II OF THE MORRO BAY MUNICIPAL CODE ENTITLED PARK AND RECREATION. COMMISSION • - THE C ITY C OUNC 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 Part 1 to Chapter VI of Title I I of the Morro Bay Municipal Code. PART I Park and Recreation Commission 2621. Establishment of Commission. There is hereby created a Parks and Recreation Commission composed of five members. 2622. Qualifications. The regular members of said Commission shall be qualified electors of the City of Morro Bay and shall serve without compensation. The members of said Commission shall include five members of the public who shall hold no other public office in the City of Morro Bay. 2623. Ex Officio Members. There shall be two ex officio members on the commission consisting of one member of the City Council and one member representing the school district. Ex officio members shall be appointed by the Mayor. 2624. Terms of Office and Vacancies. Regular members of the Commission shall serve for a period of four years beginning on July 1, 1966. The term of the ex officio member representing the City Council shall terminate upon the vacation of his membership on the City Council, an ex officio member representing the school district shall serve for a period of two years commencing on July 1, 1966. The terms of two members shall expire on June 30, 1968, and every four years thereafter; and the terms of the three other members shall expire on June 30, 1970 and every four years thereafter. Vacancies in said Commission occurring otherwise than by expiration of term shall be filled in the manner hereinafter set forth for appointments. All members shall serve at the pleasure of the City Council. 2625. Appointments. Appointments for the Commission and the filling of vacancies shall be made by the City Council. Vacancies shall be filled for the unexpired term only. 2626. Organization. 2626. 1 At its first regular meeting following July 1 of each year, the members of the Commission shall elect a chairman and a vice-chairman, who shall hold office for one year. The chairman shall preside over meetings, appoint appropriate commiteees, sign resolutions and direct the affairs of the Commission. In the absence of the Chairman, the duties of this office shall be performed by the vice-chairman. 2626. 2 The Commission shall adopt rules and regulations to govern procedure and shall set a time for regular meetings which will be held at least once a month. 2626. 3 A majority of members shall constitute a quorum. 2626. 4 Absence of a member from three (3) consecutive meetings, without formal consent of the Commission noted in its official minutes, shall be deemed to constitute the voluntary resignation of such absent member and the position shall be declared vacant. (! 2626.5 The Commission Chairman shall appoint a secretary from among its members who shall maintain accurate minutes of the activities and official actions of the Commission. 2627. Duties and Responsibilities. The duties and responsibilities of the Parks and Recreation Commission shall be to: 2627. 1 Act in an advisory capacity to the City Council in all matters pertaining to parks and public recreation and to cooperate with other g6vernmental -2- i agencies and civic groups in the advancement of sound park and recreation planning and programming. 2627. 2 Formulate policies on recreation services for approval by the City Council. 2627. 3 Meet with the City Council in April and in October of each year to discuss proposed policies, programs, budgeting, future needs or other matters requiring joint deliberation. 2627. 4 Recommend to the City Council the development of recreational areas, facilities, programs and improved recreation services. 2627. 5 R6'commend to the City Council the adoption of standards concerning parks and recreation in respect to organization, personnel, areas and facilities, program and financial support. 2627. 6 Make periodic surveys of recreation services that exist or may be needed and ascertain the needs of the public for such services. . 2627. 7 Assist in coordinating recreation services with the programs of other governmental agencies and voluntary organizations. 2627. 8 Make periodic appraisals of the effecitiveness of the Recreation Director and staff in administering the program. 2627. 9Disseminate to the public information concerning the policies and functions of the Recreation and Parks Department. 2627. 10 Advise the Recreation Director in the preparation of the annual Parks and Recreation budget and a long-range recreation capital improvement program. 2627. 11 Submit annually, in April, a budget for the succeeding fiscal year to the City Council for its approval in whole or in part. Said budget should provide not only for recreation services, park maintenance and operating costs for the ensuing year, but should also contain estimates and recommendations for such;long term capital outlay as may be necessary to provide for an orderly and coordinated development program. 2627. 12 Adopt rules and regulations governing the use of recreation areas and facilities consistent with Ordinances of the City. -3- 2628. Recreation Department. A Recreation Department is hereby established for the City of Morro Bay. The functions of this department are to provide opportunities for wholesome, year round public recreation service for all age groups and to develop a recreation program to fully utilize the recreation areas and facilities of the City. 2629. Recreation Director; Appointment. The City Adminis- trator shall appoint, upon the recommendation of the Parks and Recreation Commission, a Recreation Director to administer the recreation program, under the direction of the City Administrator. 2630. Recreation Director, Duties and Responsibilities. 2630.1 The Recreation Director shall attend meetings of the Commission and shall make such report to the Commission, the City Administrator or to the City Council as shall be required. 2630.2 The Recreation Director shall: (a) Recommend to the City Administrator the hiring of required personnel, such as assistants, supervisors and leaders. (b) Recommend to the Commission the planning, development and operation of proposed park and recreation facilities in accordance with policies approved by the Parks and Recreation Commission and the City Council. (c) Inform the general public of the services and facilities being provided by the Recreation Department. (d) Solicit suggestions from the general public to improve or increase the effectiveness of the service. (e) Cooperate with Governmental and other organiza- tions and agencies in the furtherance of recreational opportunities. (f) Prepare manuals, bulletins and reviews on recreation matters. -4- • • (g) Provide, upon request, assistance of a technical nature to community agencies and organizations having problems relating to recreation and park areas and facilities and programs. (h) Confer with officials of public and private organizations and interest groups concerning community recreation and leisure activities and assist them in the promotion of recreation services. (i) Conduct studies of local conditions and needs for recreational services and assist with recruitment and training of recreation personnel. (j) Prepare a recreation budget for the approval of the Parks and Recreation Commission and the City Council. SECTION 2. Effective Date. This ordinance shall be effective thirty (30) days from and after the date of its passage. PASSED AND ADOPTED by the City Council of the City of Morro Bay at the meeting of said Council held this 27th day of npnpmhpr , 1966, by the following roll call vote: AYES: Councilmen Bickford, Keiser & Mayor Surfluh NOES: Councilman Mallery ABSENT:Councilman Bowen ATTEST: C. TED WHITE, City Clerk -5- J/. S. SURFLUH, Mayor ORDINANCE NO. 53 AN ORDINANCE AMENDING THE TEMPORARY ZONING MAP 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. The Temporary Zoning Map of the City of Morro Bay, adopted pursuant to Section 5101 of the Morro Bay Municipal Code, shall be and is hereby amended to change the zoning from C-1 to R-1 on portions of Blocks 121 and 13J, and all of Blocks 16A, 16B, 16E, 16F, 16G and 16H, Atascadero Beach Subdivision, City of Morro Bay, as shown on the attached sheet marked Exhibit 'A' which is expressly referred to and incorporated herein as though fully set forth. 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 The Sun, a newspaper of general circulation published in 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 27th day of December , 1966, by the following roll call vote: AYES: Councilmen Bickford, Keiser, Mallery & Mayor Surfluh NOES: None ABSENT:Councilman Bowen J. S. SURFLIMT Mayor ATTEST: �? o C. TED WHITE, City Clerk :.J•, ,3� I2J , , . U D 16A T-r= P Q A L .. / Ib4 7 d VEQDON w / I6N r AZURE Portions of Blocks 12J and 13J, all of Blocks 16A, 16B, 16E1 16F, 16G.and 16H, Atascadero Beach Subdivision, City of Morro Bay .EXHIBIT 'A' follows: ORDINANCE NO. 52 ORDINANCE REINACTING THE MORRO BAY TEMPORARY INTERIM ZONING ORDINANCE AND MAP FOR AN ADDITIONAL YEAR THE CITY COUNCIL City of Morro Bay, California The City Council of the City of Morro Bay does ordain as SECTION 1. The Temporary Interim Zoning Ordinance of the City of Morro Bay adopted on October 6, 1964, as Section 5100 of the Morro Bay Municipal Code, as the same may have been amended from time to time by the City Council, that was extended by Ordinance No. 30 for a one year period to October 5, 1966, is hereby reinacted for an additional one year period to and including October 5, 1967. SECTION 2. The Temporary Interim Zoning Ordinance of the City of Morro Bay adopted on October 6, 1964, as Section 5101 of the Morro Bay Municipal Code, as the same may have been amended from time to time by the City Council, that was extended by Ordinance No. 30 for a one year period to October 5, 1966, is hereby reinacted for an additional one year period to and including October 5, 1967. SECTION 3. Sections 5100 and 5101 of the Municipal Code adopted on October 6, 1964, extended on October 5, 1965, has expired on October 6, 1966, and it is therefore required that it be renewed by ordinance for an additional one year period. It is therefore necessary, and the City Council hereby determines that it is necessary, for the immediate preservation of the public peace, health and safety to enact this ordinance as an urgency ordinance which shall take effect immediately upon its adoption. ORDINANCE NO. 52 Page Two PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting of said City Council held this 13th day of December, 1966, by the following roll call vote: AYES: Councilmen Bickford, Bowen, Keiser, Mallery and Mayor Surfluh NOES: None ABSENT: None . S. SURFLUH, Mayor ATTEST: C. TED WHITE, City Clerk CERTIFICATION OF CITY CLERK I, C. TED WHITE, City Clerk of the City of Morro Bay do hereby certify that the foregoing is a true and correct copy of Ordinance No. 52 passed and adopted by the City Council of the City of Morro Bay at a regular meeting thereof held on the 13th day of December, 1966. DATED: C. TED WHITE, City Clerk City of Morro Bay, California ORDINANCE NO. 51 ORDINANCE ORDERING SALE OF ABANDONED VESSEL PURSUANT TO SECTION 522 OF THE HARBORS AND NAVIGATION CODE AND NOTICE OF INVITATION OF BIDS THE C ITY C O U N C IL City of Morro Bay, California The City Council of the City of Morro Bay does ordain as follows: SECTION 1. There is hereby created Chapter VI to Title IX of the Morro Bay Municipal Code. 1. Recitals. The Morro Bay City Council finds that since the City's incorporation on July 17, 1964 a certain vessel, to wit, the "Sea Me", Official Number 262556, has been moored at the municipal pier located within the City Limits of the City of Morro Bay; that since that date, no wharfage fees have been paid by the owner of said vessel nor by any other person; that in order to keep said vessel from sinking at the pier or from drifting unattended in the Bay, thereby becoming a hazard to navigation, the City has had repeatedly to pump the bilges of said vessel and purchase mooring lines to keep it secure; that wharfage fees and expenses have amounted to approximately $300. 00; that repeated demands have been made upon the owner for payment of said fees and further, for the hiring of a caretaker or custodian , but no portion of said indebtedness has been paid nor has any caretaker been hired; that said vessel is in a run-down, unseaworthy and dilapidated condition which makes it a hazard to public healty and safety. 2. Order of Sale. The Morro Bay City Council hereby orders said vessel sold in the manner hereinafter set forth as an abandoned hulk, derelict or wreck as provided in the provisions of section 522 of the Harbors and Navigation Code. The City Clerk is hereby directed to serve a copy of this Ordinance by registered or certified mail upon the owner of said vessel and to the holder of the first preferred ship mortgage. Publication of this Ordinance pursuant to Section 36933 of the Government Code shall constitute publication of a Notice Inviting sealed bids. 3. Invitation for Sealed Bids. Notice is hereby given that the time for receiving sealed bids for the purchase of the vessel "Sea Me" is set at the hour of 2:00 o'clock p. m. on the 27 day of March, 1967 at the office of the City Clerk of the City of Morro Bay located at 595 Harbor Street, Morro Bay, California, at which time the City Clerk will publicly open, examine and declare said bids. A report of said bids will be made by the City Clerk to the City Council at its regular meeting on28tway of March, 1967. The minumum acceptable bid is hereby declared to be $300. 00. All bids shall be accompanied by a check payable to the City of Morro Bay and certified by a responsible bank in an amount which shall not :be, less than ten percent (10%) of the amount bid. The City Council of the City of Morro Bay reserves the right to reject any and all bids should it deem this necessary for the public good. In the event no bids are submitted or such bids as are submitted are rejected as hereinabove provided, the City Council shall by Resolution take such appropriate action as is necessary to4ispose of said vessel pursuant to Section 522 of the Harbors and Navigation Code. 4. Disclaimer of Warranty of Title. The City of Morro Bay hereby declares that it makes no warranty as to the title of said vessel and further expressly disavows any interest in said vessel save and except its lien for wharfage and maintenance. 5. Self -Cancellation Provision. The provisions of this ordinance are hereby declared repealed on the sixtieth day following its effective date. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a meeting of said Council held this24tlllay of January:_, 1967, by the following roll call vote: AYES: Councilmen Bickford, Bowen, Keiser, Mallery & Mayor Surfluh NOES: None ABSENT: None • S. SUEkL' , Mayor ATTEST: (? �j Dom. C. TED WHITE,City Clerk CERTIFICATION OF CITY CLERK I hereby certify that the foregoing Ordinance was duly and regularly passed by the City Council of the City of Morro Bay at a regular meeting held thereof on the 24th day of January, 1967. DATED: C. TED WHITE, City Clerk City of Morro Bay, Calif. • 0 ORDINANCE NO. 50 AN ORDINANCE AMENDING THE TEMPORARY ZONING MAP OF THE CITY OF MORRO BAY (Blocks A thru F, Cerrito Addition) 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 Temporary Zoning Map of the City of Morro Bay, adopted pursuant to Section 5101 of the Morro Bay Municipal Code shall be and is hereby amended as shown on the attached sheet marked Exhibit 'A', which is expressly referred to and incorporated herein as though fully set forth. 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 The Sun, a newspaper of general circulation published in 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 27th day of September , 1966, by the following roll call vote: AYES: Councilmen Bowen, Keiser, Mallery and Mayor Surfluh NOES: None ABSENT: Councilman Bickford W-01 oll"0200" i ATTEST: 0�Z)4I-) k --i C. TED WHITE, City Clerk w i ' i AW L P/NEv WAY" SN.457A A✓C. � d AIAPA ✓e. 0 /y/ONTER EY Ave, 0 ggqy 2 � 4 d Q h MAIN S7 MOTP Sr 'EXHIBIT A' Blocks A, B, C, D, E, and F, Cerrito Addition City Of Morro Bay Exhibit A Ordinance No. SO-66 ! f' CERTIFICATION OF CITY CLERK I, C. Ted White, City Clerk of the City of hereby certify that the foregoing is a true and of Ordinance No. 50 passed by the City Council Morro Bay at a regular meeting thereof held on September, 1966. Dated: Morro Bay do correct copy of the City of the 27th day of C. e ite City Clerk (SEAL) ORDINANCE NO. 49 AN ORDINANCE REPEALING CHAPTER II OF TITLE V, OF THE MORRO BAY MUNICIPAL CODE, ENTITLED SUBDIVISION REGULATIONS, AND CREATING AND ADOPTING A NEW CHAPTER II, TITLE V, ENTITLED SUBDIVISION 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 II of Title V of the Morro Bay Municipal Code, entitled Subdivision Regulations", adopted on October 6, 1964, is hereby repealed, except that the provisions thereof shall continue to apply to a subdivision where proceedings have commenced prior to the effective date of this ordinance. SECTION 2. Chapter II of Title V of the Morro Bay Municipal Code, entitled "Subdivision Ordinance", is hereby created as follows: V 5201 CHAPTER II ADOPTION -PURPOSE. 5201.1 Adoption SUBDIVISION ORDINANCE This ordinance is adopted by the City Council of the City of Morro Bay, State of California, in conformity with the provisions of the "Subdivision Map Act" and the "Land Surveyors Act" as now embodied in Div. 3, Ch. 15, Land Surveyors' Act, Sections 8700-8805 inclusive, and Div. 4, Part 2, Ch. 2, Subdivision Map Act, Sections 11500-11641 inclusive, as amended. 5201.2 Purpose. a. For the purpose of promoting the public health, safety, convenience and general welfare; the design, improvement and survey data of subdivision; and the form and content of tentative and final maps thereof; and the procedure to be followed in securing official approval thereof shall be governed by the provisions of the aforesaid acts adopted by the Legislature of the State of California, and by the additional provisions of this ordinance, and shall comply with the provisions of the General Plan and Zoning Ordinance. b. Further, it is the purpose of this ordinance to encourage new concepts and innovations in the arrangement of building sites within subdivisions . Deviations from the traditional mechanical approach to the subdivision of land are encouraged in order to facilitate the ultimate development of the land in a manner that will be com- mensurate with contemporary living patterns and technological progress. 5201.3 The Planning Commission is hereby designated as the Advisory Agency with respect to the subdivisions as provided in the Subdivision Map Act of the State of California. a . The Planning Commission shall have all the powers and duties with respect to tentative and final parcel maps, and the procedure relating thereto, which are specified by law and by this ordinance. 5201 .4 There is hereby created a subdivision committee, to consist of a member of the Planning Commission, Building Inspector, City Engineer, Director of Public - -Works, Fire Chief, Director of Planning (or their designated alternate as approved by the Planning Commission) . The committee shall have the powers and duties spe- cified by this chapter. 5202. DEFINITIONS 5202.1 " C it y C o u n c i 1 " shall mean the City Council„ of the City of Morro Bay, State of California. a 5202.2 The designation of any particular officer herein shall mean the particular officer of the City of Morro Bay. 5202.3 "City Street" shall mean any street, avenue, etc. for vehicular use accepted by the City Council. a. 'Expressway' is a street of general city -county importance; which is a limited access street carrying major traffic through several areas. b. 'Major' street is any street which carries traffic on four moving lanes between different areas of the City, and traffic entering from 'secondary' streets. C. 'Collector' street which collects traffic from a subdivision or area to a major street. d. 'Local' (minor) street is that which is used primarily for access to abutting properties. 5202.4 "City Planning Commission" shall mean the Planning Commis- sion of said City and the Advisory Agency referred to in the State Map Act. 5202. 5 " Design" refers to street alignment, grades and widths, alignment and widths of easements and rights -of -way for drainage, water, utilities and other facilities for public use or benefit, including but not limited to recreation sites; lot area, width, depth and shape and pattern as required in this ordinance'. 52 02. 6 " De v e l o p m e n t P l a n" is a general plan showing proposed land .I uses within the affected property where more than one category of land use or more than one development unit is intended. 5202.7 " Ea s e me nt " shall mean an easement dedicated to and accepted by the City to be used for utilities, drainage or other public purpose, which may be revocable or may be continuing and irrevocable unless formally abandoned by the City. 5202.8 " Fi n a 1 M a p " refers to a map prepared in accordance with this ordinance, which is designed to be placed on record with the San Luis Obispo Recorder. I, 5202.9 "Improvement" refers to such street work, drainage needs and j utilities, landscaping, or other improvements to be installed, or agreed to be in- stalled by the subdivider on the land or appurtenant thereto to be used for public streets, highways, ways and easements, as are necessary for the general use or benefit of the lot owners in the subdivision and the surrounding area as a condi- tion precedent to approval and acceptance of the final map, or parcel map thereof. 2. 5202.10 " Lot" shall mean a parcel of land established, or to be established, by the Standard Subdivision Procedure or Minor Subdivision Procedure, as provided herein. 5202. 11 " Lot W i d t h , Ave rag a "- - the sum of the length of the front and rear lot line divided by two. In the case of irregularly -shaped lots having 4 or more sides, "average lot width" shall be the sum of length of two lines, drawn perpen- dicular to one side line at the widest and narrowest portions of the lot, divided by two. 5202.12 " Lot Depth, Average" - the sum of the length of the two side lines of the lot divided by two. 5202.13 " Lot Depth" - the horizontal distance between the front and rear lot lines, measured in the mean direction of the side lot lines. 5202.14 "Lot Line, Front" -in the case of an interior lot, aline separat- ing the lot from the street; and in the case of a corner lot, a line separating the narrowest street frontage of the lot from the street, except in those cases where the latest recorded tract deed restrictions, approved as part of subdivision approval, specify another line as the front lot line. 5202.15 " L o t L i n e , R e a r " - a lot line which is opposite and most distant from the front lot line and, in the case of an irregular, triangular or gore -shaped .lot, a line within the lot most nearly parallel to and at the maximum distance from the front lot line, having; a length of at least ten (10) feet. 5202.16 " L o t L i n e s , S i d e " - any lot boundary line not a front lot line or a rear lot line. 5202.17 " Lot, Deep" - a tandem division of land without required access to a public street. 5202.18 "Owner" is the individual, firm, partnership or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under the ordinance. 5202.19 "Parcel Map" shall mean a map showing the division of land into four or less parcels and approved and filed in accordance with law. 5202.20 "Pedestrian Way" - an easement exclusively for pedestrian use. 5202.21 " Person" - an individual, person, partnership or corporation. 3. r1 5202.22 " Subdivision" shall mean any real property improved or unimproved, or portion thereof, shown on the 1965-1966 Assessment Roll of the City as a unit or as contiguous units, which is divided for the purpose, sale, financing or lease, in- cluding condominium development, whether immediate or future, by any person, firm or corporation or their assigns, within any period. The following, however, are not subdivisions within the meaning of this ordinance. a. Leasing of stores, offices, apartments or similar space within build- ings or spaces within a trailer park. b. Mineral, Oil or Gas Leases, Cemeteries. c. Leases of less than five years which result in division of property into no more than two lots. 520'L,2: " Subdivis ion , Deep Lot" - Atandem division of land without required. frontage on a public street. 5202.24 "Subdivider" shall mean a person, firm, corporation, partnership or association who causes land to be subdivided into any amount of parcels. 5202.25 " T e n t a t i v e M a p" shall mean any map made for the purpose of showing the design of a proposed Subdivision, showing the existing conditions in and around it, prepared as required in this ordinance. 5203. REQUIREMENTS BY TYPE OF SUBDIVISION Subdivision design and improvements shall be required as set out in this ordinance. 5203.1 . Industrial Subdivisions: a. Minimum lot area and width for industrial subdivisions shall be / as stipulated in the Zoning Ordinance, but not less than 6, 000 sq. ft. and 60' in width. b. Street Design: Street design shall be as set forth in Sections 5203.6 and 5203.7 for industrial areas. c. Improvements: All improvements shall be as set out in Sections 5203 and 5204 herein and standards adopted pursuant to this Ordinance arid'the Morro Bay Municipal'Cu,_, d. Other regulations: All other regulations set out in this ordinance shall be complied with in the development of Industrial Subdivisions. 4. •. 5203.2 • Commercial Subdivisions: a. Minimum lot area and width for commercial subdivisions shall be 6, 000 sq. ft. and 50' average lot width, provided that the Planning Commission may reduce the lot area sizes not more than 50%, when the total lot size combined with land used for parking and landscaping in undivided common interest equals the re- quired 6, 000 sq. ft. lot size. b. Street Design: Street design shall be as set out in Section 5203.7 for Commercial area. c. Improvements: All improvements shall be as set out in Sections 5203. and 5204. , and standards adopted pursuant to this ordinance or the Morro Bay Municipal Code. d. Other regulations: All other regulations set out in this ordinance shall be complied with in the development of Commercial Subdivisions. 5203.3 Residential Subdivisions: a. Minimum Lot Area and Width shall be as follows, unless a greater lot size or width is stipulated in the Zoning Ordinance, except where the lot size is reduced through the use of Section 5203. 5 herein. The following shall serve as the criterion for determining gross lot density requirements: b. Minimum Area, Where cross slope does not exceed 10%. 1. Corner Lots - 7, 000 sq. ft. 2. Interior Lots- 6, 000 sq. ft. c. Minimum Frontage* 1. Comer Lots - Average width, 70'; minimum width at prop- erty line, 60'. 2. Interior Lots - Average width, 60'; minimum width at prop- erty line, 40'. d. Average depth, 90'. e. Maximum ratio lot depth to lot width, 2-1/2:1. f. Improvements: All design and improvements shall be as set forth in Sections 5203. and 5204. *Minimum width shall only be allowed on culs-de-sac or where special or unusual circumstances indicate irregular lots. 5. i ro Where cross slope exceeds 10%: Ratio % of Ground Min. Min. Average Max. Depth Surface to remain Topography Area Frontage Depth to Width in Natural State 10-20% IC,000 sq.ft. 80' 110, 3:1 30% cross slope 20-30% 20,000 sq.ft. 100 150' 3:1 50% cross slope 30% and Up 1 Acre 150' 225' Y 1 70% cross slope 5203.4 General Design and Improvement Standards: a. Blocks shall not be longer than 1, 200 feet between intersecting street lines, except on expressways and major streets, wherelonger blocks may be required by the Planning Commission. Lots with frontage oil more than one street, expressway or major street category will not be permitted, except corner lots, unless approved by the Planning Commission and when access rights are released on one street. b. Improved walkways not less than 10' in width may be required through blocks more than 900 feet in length and through other blocks where necessary to pro- vide access to schools, parks and scenic easements. :Easements not less than 5 feet wide shall be required on each side of all lots and 5 feet wide at the rear of all lots where necessary for poles., under- ground utilities, cables, wires, drainage, conduit and water mains or other utilities. A reduction of the width may be allowed when a lesser width is justified in the opin- ion of the City Engineer and the serving utility. Where utilities are approved for overhead construction, all pole lines shall be located in the rear of lots. c. Water courses shall be shown as easements when required by the Planning Commission, and storm drains shall be placed in easements when pub- lic right-of-way is not available or adequate. The Planning Commission shall re- quire water courses to be placed entirely in underground conduits or adequately fenced or otherwise improved in accordance with the standards adopted pursuant to this ordinance or the Morro Bay Municipal Code. Where sumps are approved to handle drainage as an interim solution, defeasible easements shall be provided for necessary channels and sump area. Fences required for water courses and sumps shall meet the requirements set out in the City's "Improvement Standards" . The de- veloper shall include sufficient guarantees for installation of the permanent drain- age requirements as approved by the City Engineer. A 11 d. Durable metal monuments consisting of iron pipe approved by the City Engineer shall be installed or referenced to the following locations. 1. Boundary comers. 2. At intervals of not more than 500 feet along boundary lines. 3. At the beginning and ending of property line curves, .property intersections at discretion of City Engineer. 4. Lot corners, and in addition set a lead and tack in the top of curb on the prolongation of the side lot lines. Standard monuments shall be placed along the center lines of public streets and alleys as follows: All intersections, all property intersections or beginning and ending curves. e. All lots shall abut on an improved street unless approved as a "deep lot" subdivision by the Planning Commission, under standards adopted by said Plan- ning Commission or unless a cluster, town house, condominium, or similar develop- ment has been approved under Section 52 03. 5 of this ordinance. f. Building setbacks shall be required at least as great as the applic- able zoning requirements. g. Roads and Streets 1. Existing streets shall be continued as required by the Planning Commission. 2. Street stubs shall be required to adjacent unsubdivided prop- / erty where, in the opinion of the Planning Commission, they are necessary. A satisfactory temporary turn around may be required, as well as the installation of a standard barrier, to prevent ingress and egress. 3. Streets shall intersect at as near right angles as is practi- cable. Radius of curvature, where the property lines intersect., shall be as mini- mum of fifteen (15) feet, except at majors, or expressways - twenty-five (25') feet. 4. "T" or three-way intersections are preferable to four -.way in- tersections on local streets, but center line of "T" street shall not be located closer than 150' to center line of any other intersection. 5. Four-way intersections shall not be located closer than 180' to any other intersections measured from the nearest right-of-way lines. 6. Reserve strips, where required to control access over certain lot lines or over the ends of street stubs, shall be dedicated to the City. 7. 7. Alleys or access roads, or acceleration lanes, shall be re- quired to be constructed in industrial, commercial and in multiple family areas where necessary to control access to.expressways and major streets which have limited access. The Planning Commission shall determine which alternate shall be used. sions: 8. Cul-de-sac streets shall have the following limiting dimen- 60' Minimum Radius to Property Line 50' Minimum Radius to Curb Line 450' Maximum length of a cul-de-sac to center of turn -around, except where such cul-de-sac serves less than twelve lots and where a loop is provided in the water system. 9. Names for proposed new streets shall be approved by the / Planning Commission and shown on the tentative map. 10. Streets, rights -of -way and easements in any Standard Sub- division or Minor Subdivision shall be offered for dedication by appropriate means. A letter of intent acknowledging the requirement of dedication shall be filed prior to approval of a map by the Planning Commission. The City may, at its option, accept or reject any such offer or reserve the right to require future dedication. 11.. Streets shall conform as to alignment and width to the offi- cial Master Plan for Streets and Highways of the City. !i. Curve Radius Minimum center line radius on streets shall be: Major and Primary Streets 500 feet Collector Streets 250 feet Local Streets 100 feet i. Grades Normal minimum permitted, 1 per cent* *Absolute minimum permitted, 0.3 per cent; cross fall across intersections, 0.4%, when approved by City Engineer. 9 5203.5 Optional Design and Improvement Standards. Where a subdivider by written affirmation signified his intent to enhance the livability and appearance, health, safety, convenience or general welfare of his proposed subdivision by using new concepts in the arrangement of lots, circulation pattern to serve such lots and by providing permanent Open Space within the neigh- borhoods in the proposed subdivision, and by providing appropriate means of access to blocks, schools, shopping centers and other uses thereby serving and implementing the intent of this ordinance, he shall comply with the following: a. Improved design based on density control and better community en- vironment. The Standards set out in Sections 5203.1 through 5203.4 may be varied only when the gross density of an area is not increased and where said design has the approval of the Planning Commission and City Council, and where in their opin- ion said deviation will: 1. Produce a more desirable and livable community than the mini- mum requirements herein. 2. Create better community environment through dedication of public areas, or setting out permanent scenic easements or Open Spaces; rearrange- ment of lot sizes, reforestation of barren areas. 3. Reduce the danger of erosion. b. As an incentive to creating better overall communities, the Plan- ning_ Commission may authorize deviations of up to 75% reduction in lot size but with no increase in density in the overall development. Said Planning Commission j may authorize similar deviations from other standards herein, where said devia- tions are for the purposes outlined above. C. Before any deviation based on improved design shall be authorized, it shall be passed by not less than a two-thirds vote of the total membership of the Planning Commission and approved by the City Council, upon a finding that the variation as authorized will result in a community which is a substantial improve- ment over the community which could have been developed by following the require- ments set out in Sections 5203. and 5204. 5203.6 Specific Street Design and Improvements. Street design shall conform to the City of Morro Bay's Engineering Standards, and to the requirements set in the following sections. RE 5203.7 Street Design a. Local Streets: 1. Residential: Local street right-of-way 56'; pavement width 36' Local street cul-de-sac right-of-way 52' , pavement width 32'. Where cross slope exceeds 10%, right- of-way 52', pavement width 32'; where cross slope exceeds 20%, right-of-way 50', pavement width 30'. 2. Industrial: Right=of-way 64'; pavement width 44'. 3. Commercial: Right-of-way 64'; pavement width 44'. b. Collector Streets: Residential, Commercial and Industrial - Right-of-way 64'; pavement width 44'. C. Major Streets: 1. Residential - Right-of-way 84'; pavement width 64'. 2. Commercial -Industrial - Right-of-way 84'; pavement width 64'. d. Expressway: All areas - Right-of-way 110'; pavement width 68'; 22' Median Strip. 5203.8 Minimum Sidewalk Width: il) a. Residential: 1. Integral, curb and sidewalk 6' including curb width; 4' parkway behind sidewalk. 2. 5' when not integral sidewalk; Parkway 5'. b. Commercial: Minimum 10' sidewalk. Sidewalks may be reduced to 3' when cross slope exceeds 10%, and waived by Planning Commission when cross slope exceeds 20%. 10. • If c. Industrial: Minimum 4' 6" Integral sidewalk including curb; Parkway 5' 6" 5203.9 Alleys. Minimum alley widths shall be as follows: a. Industrial - Right-of-way 30'; pavement width 30' b. Commercial - Right-of-way 25'; pavement width 25'. c. Residential - Right-of-way 20'; pavement width 20'. 5204. IMPROVEMENTS 5204.1 All improvements shall conform to the City of Morro Bay's "Standard Improvement Specifications" as set forth in Morro Bay's Municipal Code. Any deviation shall be only with the written approval of the Planning Commission in accordance with Section 5203.5 Permission shall be obtained from the City Engin- eer before construction is started. a. Improvements to be installed by each subdivider shall include the following: 1. Curb, gutter, sidewalk and walkways. 2. Water lines, gas and other utility services to serve each lot and stubbed to property line prior to paving. 3. Fire hydrants. 4. Sanitary sewers and laterals to serve each lot and stubbed to property line prior to paving. 5. Storm sewers, drains and channel improvements. 6. Silt basins or other forms of erosion control. 7. Paved streets. 8. Ornamental street lights. 9. Street trees not less than one (1)tree per lot, average spacing 50' on center. 10. Street signs at all block number changes and at locations ap- proved by the City Engineer, \ 11. Street end barricades, walls or fencing where required. 12. Stop or Yield Signs where street intersects with a major street or at other locations required by the Subdivision Committee. 13. Utility lines, including but not limited to electric, communi- cations, street lighting and cable television shall be required to be placed under- ground. The subdivider is responsible for complying with the requirements of this Section, and he shall make the necessary arrangements with the utility companies for the installation of such facilities. Transmission lines may be placed underground at the option of the developer or utility and concurrence of the city planning commis- sion. For the purposes of this Section, appurtenances and associated equipment such as, but not limited to, surface mounted trar:sformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts in an underground system may be placed above ground. This section shall not apply to utility lines which do not provide service to the area being subdivided, 14.. Recreation Requirements., a. The subdivider shall provide for adequate and appropriate public recreation facilities for the subdivision by the dedication of lands therein or by the payment of fees in lieu thereof under the following conditions and according to the following conditions and requirements: 1. In subdivisions having 50 or more lots, and where the land in said subdivision can be properly located for public recreational facilities in accordance with the adopted recreation and parks plan of the City of Morro Bay, the subdivider shall dedicate an area for such purposes on the basis of two acres so dedicated for each 50 acres within the subdivision to be developed. 2. Where the subdivision consists of 50 lots or less, or where the subdivision exceeds 50 lots, but land within the subdivision cannot be located in accordance with the recreation and parks plan adopted by the City of Morro Bay, then the subdivider shall pay to the City of Morro Bay for the recreation fund the sum of $100 per dwelling unit for each dwelling unit proposed within the subdi- vision. b. Where land is to be dedicated for public recreational fa- cilities within a subdivision, as herein provided, such dedication shall not neces- sarily be limited to parks, as that term is defined in law, but to such purposes which 12. shall provide or directly contribute to public recreation, whether passive or active, as may be deemed desirable in the discretion of the City and set forth in the requirements for the particular subdivision not later than the final consideration thereof as herein provided. c . The following off -site improvements may be required: 1. The subdivider shall pay the fee established by the Morro Bay Municipal Code for the development of water storage facilities, or for the improve- ment of any existing source of water supply and the construction of transmission lines from that supply to the proposed development. 2. The subdivider shall pay the fee established by the Morro Bay Municipal Code for the development of sewage disposal facilities or for the improve- ment of any existing sewage disposal systems and the construction of transmission lines from the proposed improvements to the site of disposal. 3. When flood zones or other lawful special purpose zones are es- tablished by the City Council, the subdivider shall pay the fee set out for the par- ticular zone in which the subject land lies. 4. Properly graded, drained and paved access roads. S. The extension of any other utilities. 6. Agreements may be made upon approval of the City Council for reimbursement by future developers for facilities required by the city to the extent that such facilities are in excess of sizes, lenyths and locations needed to serve the subdivision involved. Requests for reimbursement shall be made in writing at the time of submitting the final map. d. In addition to all other requirements herein: 1. Improvement work, including grading, shall not be commenced until improvement plans for such work have been submitted to and approved by the City Engineer. 2. All improvements shall be constructed under the inspection of, and to the satisfaction of the City Engineer. 3. Cost of inspection shall be borne by the subdivider and shall amount to 3% of the estimated construction costs of the improvements to be dedi- cated, as established by a preliminary cost estimate approved by the City Engineer. 13. • e. The Planning Commission (or on appeal the City Council) may grant deviations from the foregoing requirements, when all the following condi- tions are found to apply: 1 . That any deviation granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the same vicinity. 2. That because of special circumstances applicable to the sub- ject property, including size, shape, topography, location or surroundings, the strict literal application of this ordinance is found to deprive subject property of privileges enjoyed by other properties in the vicinity. 3. That under the circumstances of this particular case the devia- tion, rather than the sections at issue in this ordinance, actually carried out the spirit and intent of this ordinance. f... Adequate guarantees shall be provided to insure that any condi- tions imposed as a part of any approved deviation shall be carried out as specified. 5205. TYPE OF SUBDIVISION AND PROCEDURE. 5205.1 Whether the Standard Subdivision (Section 5205.2) or Minor Subdivi- sion (Section 5207)procedure shall oe used in subdividing property shall be deter- mined as hereinafter provided. a. Case I. All proposed lots abut an existing state highway, county road or city street, and the only new roads which may be required are stubs for future development. 1 . Four or less lots in any time period - The Minor Subdivision procedure shall be used. 2. Five or more lots in any time period - Standard Subdivision Procedure shall be used where each of the lots contains 5 acres or more. b. Case II. All proposed lots abut existing city streets, county road or will abut proposed new city streets within the subdivision. 14. L• + 1. Four or less lots in any time period - The Minor Subdivision Procedure (Parcel Map) shall be used. 2. Four or less lots - Where the owner or subdivider wishes to dedicate and improve a city street from which to sell building sites from time to time at later dates, a Parcel Map shall be required. 3. Five or more lots - The Standard Subdivision Procedure shall be used on all subdivisions where any lot is less than 5 acres in area. 4. Five or more lots - Either the Parcel Map or Standard Subdi- vision Procedure shall be used where each lot is 5 acres or more in area. 5205.2 Preliminary Map Procedure. a. Preliminary Map .required and Development Plan required where appropriate. Prior to the submission of a tentative map of a proposed subdivision, fifteen (15) copies of a preliminary map shall be prepared by the subdivider and submitted to the Subdivision Committee at least twelve days prior to meeting of the committee. b. Purposes of Preliminary Map. The purpose of the preparation and consideration of a preliminary map is to provide a means of review by the Subdivi- sion Committee with the developer and/or surveyor or engineer. From this prelim- inary review it is expected that the applicant will be made aware of any major prob- lems concerning the use of the land or the proposed on and off -site improvements for the land to be subdivided and that the Subdivision Committee will be made a- ware of what might be proposals for the subdivision of land that will require prep- aration of modification or consideration for expansion of public services and facil- ities prior to the proposed use of land within a subdivision. It is not intended that / a preliminary map be as detailed as the tentative map, but it should be prepared with enough care to provide pertinent facts . c. Purposes of Development Plan. d. Requirements for Preliminary Maps. The preliminary map shall be drawn to approximate scale on paper 18" x 26" and shall show the following: 1.. The .land area proposed to be subdivided. Z . All existiur, strucl:uas . 3. The placement and location'of all existing streets; ease ments, and rights -of -way on the land proposed to be subdivided, and those abut- ting said land. 4. Sufficient contours to indicate the general elevations and the fall of the land adjacent to the surrounding area. 15. 5. Any extraordinary land fills are to be noted. 6. The proposed uses of all portions of the subdivision. 7. The approximate alignment of the proposed streets within the subdivision and their connection with existing streets or method of termin- ating proposed streets. 8. The approximate number of acres in the subject subdivision. 9. The approximate number of lots in.the proposed subdivision. 10. The north point and date. 11. Reports to reimbursable area's . 12. Subdivider's name and address in the lower right hand corner. 13. Engineer's name and address in the lower right hand corner. 14. Vici'nity map. 5205.3 Standard Subdivision Procedure. a. This procedure shall apply to all subdivisions, parts of subdi- visions or any division of land, and where prescribed under Section 5205.1. b. Prior to filing of a tentative map of a subdivision, a city tract number shall be obtained from the County Surveyor and a preliminary title report filed from a reputable title company. c. Tentative Map. Data Required and Design. After submission of a preliminary map to the Subdivision Com- mittee and review by said committee, the action in connection with the making of a subdivision shall be the preparation of a reproducible tentative subdivision map or maps, which shall comply with Section 5203. as to design, and shall in- clude the following data: 1. A sketch at a minimum scale of 1" = 1000' indicating the location of the proposed subdivision in relation to the surrounding area or region and showing land use in surrounding area. All to be indicated on the tentative map. 2. Name and address of record owner and subdivider. 3. Name and address of surveyor or engineer, or person who prepared said tentative map. 16. 4. Date, north point (generally up.on the map) and scale. Mini- mum scale i" - 100'. Minimum map size, 18" x 26". 5. Name of proposed subdivision, tract number and of all adja- cent subdivisions; locations of, names and widths of adjacent streets, highways, alleys and ways, and easements of all kinds, together with the type and location of street improvements thereon including fire hydrants and street light locations . 6. The contour of the land at intervals of one (1). foot of eleva- tion up to five (5%) percent slope; two (2) foot intervals up to ten (10%) percent and five (5) foot intervals over ten (10%) percent. 7. Sufficient data to define the boundaries of the tract, or a legal description of the tract and blue border on reverse side of map to indicate tract boundaries. Tentative map to show probable units of final map. B. Width, approximate location and purpose of all existing and proposed easements and adjacent easements adjoining such land. 9. The width and approximate grade of all streets, highways, alleys and other rights -of -way proposed for dedication or not. 10. The approximate radii of all curves. I!. All lots numbered consecutively throughout entire develop- ment; the approximate dimensions of all lots; lot areas shall be shown for all lots not rectangular in shape. 12. The approximate locations of areas subject to inundation by storm water overflow, and the location, width and direction of flow of all water courses existing and proposed. 13. The location and outline to scale of each existing building or structure within the subdivision, noting thereon whether or not such building or structure is to be removed from or remain in the development of the subdivi- sion, and its existing and proposed future use. 14. Show approximate elevation of street intersections. 15. The location, pipe size and approximate grades of proposed sewers, waterline and underground storm drains, including the proposed location of fire hydrants and street lights, power, gas TV cables. 16. The location of all trees over 4" in diameter at base of tree (where stands of trees are located individual trees need not be shown, but may be shown as a group).'. 17. 17. The location of existing fences, ditches, wells, sumps, cesspools, reservoirs, sewers, culverts, drain pipes, underground structures, utility lines or sand, gravel or other excavation within two hundred (200) feet of any portion of the subdivision, noting thereon whether they are to be abandon- ed or used. 18. The name and tract number of the proposed subdivision. 5205.4 Statements. Accompanying the tentative map, or on said map, shall be statements by the subdivider as follows a. Statement as to existing zoning and as to proposed use. b. Statement and report on soil tests by a reputable soils engineer. c. Statement as to intention of subdivider in regard to erosion con- trol and improvements to be constructed by him, as required in Section 5203 an� other ordinances of the City. d. Statement as to front yard depths and building lines. e. Proposed source of water supply and method of sewage :disposal, indicating whether or not Section 5204. can be complied with. f. Provide type of tree planting as required by the Planning Commis- sion. g. Proposed public areas to be dedicated or scenic easements pro- posed. h. Statement as to development of lots (whether for sale as lots or fully developed house and lot) . i. Preliminary title report - 4 copies. 5205.5 Covenants. A copy of any condition, restrictive reservation or covenant existing or proposed shall be attached to the above statement. 5205.6 Tentative Map Completeness and Filing. a. A tentative map shall be considered complete for the consideration of the City Planning Commission after submission of a preliminary map to the 18. the Subdivision Committee and receipt of a recommendation from said committee that the map complies with this ordinance,- and when maps or sketches, together with all the supplementary data have been submitted to the Planning Department. If the tract'.is a portion of a larger area which may be subdivided later, the tenta- tive map shall roughly indicate the ultimate plan for the whole. b. Fifteen (15) copies of a tentative map, and a statement of the pro- posed subdivision of any land, shall be presented to the Planning Department at least fifteen (15) days prior to the Subdivision Committee meeting, at which the map will be formally filed, together with a fee of Fifty ($50.00) dollars, plus one dollar per lot paid to the city to cover the cost of checking. 5205.7 Tentative Map. Subdivision Committee Approval. All tentative maps shall be reviewed by the Subdivision Committee prior to filing any tentative map with the Planning Commission. Said Committee shall meet with the subdivider or his representative within fifteen (15) days after the submission of the tentative map, as required in this ordinance. a. Said Committee shall determine the following: 1 . The completeness and accuracy of the tentative maps and ancillary reports and the suitability of the land for purposes of subdivisions.. 2. Over-all design of the subdivision, and conformity with all pertinent requirements of this ordinance and other laws and plans of the City. 3. Provisions for and suitability of street improvements, under- ground utilities, fire hydrants, ornamental electroliers, sturm drains, streets, trees, sidewalks, including adequacy of the water supply, sewage dispcsal and easements for utilities and drainage. 4. Provisions for public areas including parks, schools, pub- lic utility facilities, etc. b . Action by Committee. 1. The Subdivision Committee shall review the preliminary tentative map for compliance with this ordinance and applicable laws . If any portion of the subdivision is in conflict with any of the requirements, then the Subdivision Committee shall inform the subdivider, in writing, of such conflicts. 2. The Subdivision Committee may deem it advisable to recom- mend additional improvements, easements, dedications, etc. to be included. The subdivider shall be duly informed of the nature of the recommendation at the time of said Committee sheeting. 19. 3. If, after analysis, it is found that the subdivision regr;ires a significant amount of correction before said Committee deems it acceptable to bring it before the Planning Commission, the Committee may require the subdi- vider to make the changes and reappear before said Board for further study. 4. Appeal. If the subdivider feels the Subdivision Committee has imposed requirements not acceptable to the subdivider, he may request con- sideration thereof by the Planning Commission. In such a case the subdivider shall make known his intentions, in writing, to said Committee, whereupon the map in question shall be placed on the Planning Commission agenda. 5. Report. The Subdivision Committee shall make a report on the proposed subdivision and on its determinations to the Planning Commission in relation to Section 5205 of this ordinam.:� 5205.8 Tentative Map. Action by Planning Commission. a. The date of the actual filing of the map, for purposes of this ordin- ance, shall be the date of the next succeeding closing of the agenda of the Plan- ning Commission meeting following the presentation of the said corrected map to the Planning Department, except that in cases where the subdivider is requesting consideration by the Commission of recommendations or requirements of the Com- mittee, the date of filing with the Commission shall be deemed to be the next agenda closing date of the Planning Commission following the meeting of the Sub- / division Committee at which the recommendations or.requirements were made. The subdivider shall file seven (7) copies of the revised tentative map, 18" x 26", and a transparency of 8-1/2" x 11". The Planning Commission shall act on any tentative map within 30 days of the date of filing unless this time period is ex- tended by mutual consent of the subdivider and the Planning Commission. Fail- ure of the Planning Commission to act within the time limits prescribed shall be deemed approval of the tentative map. b. The Planning Commission shall determine whether a tentative map is in conformity with the provisions of law and of this ordinance and upon that'basis approve, conditionally approve, or disapprove said map, and shall re- port such action directly to the subdivider. c. The Planning Commission may, in addition to any other causes therefore, disapprove a tentative map because of flood and inundation hazards or slide areas and recommend protective improvements to be constructed as a condition precedent to approval of the map. 5205.9 Tentative Maps. Appeal. a. If the subdivider or other affected property owner is dissatisfied with any action of the Planning Commission with respect to the tentative map, 20. 0 or the nature and extent of improvements recommended, he may, within fifteen (15) days after such action, appeal in writing to the City Council for a public hearing thereon. Such appeal, along with seven (7) copies of the Map, must be filed with the City Clerk on or before the closing date of the City Council for its next succeeding regular meeting. The City Council shall hear the appeal, upon notice to the subdivider and the Planning Commission, unless the subdivider con- sents to a continuance, at its next succeeding regular meeting, following the fil- ing of the appeal. At the hearing the City Council shall hear such argument and material as the subdivider or Planning Commission, or other persons may present. b. Upon conclusion of the hearing or continuance thereof, the City Council shall within thirty (30) days declare its findings based upon the testimony produced before it. It may sustain, modify, reject or overrule any recommendations or rulings of the Planning Commission, and may make such findings as are not in- consistent with the provisions of this ordinance and applicable laws . 5205.10 Improvement Plans, All Subdivisions. After the,approvai by the Planning Commission of the tentative map of any subdivision, the subdivider shall furnish the following information to the City Engineer. No final map shall be submitted for consideration of the City Council until the improvement plans have been approved by the City Engineer. No improvement plans shall be considered finally approved until approval of :the final map by the City Council. a. A grading plan consisting of typical cross sections and finished grades of all lots, roads, streets and highways in the proposed new subdivision. b. Plan and profile: drawings on all streets, including sewer and drainage improvements; utilities may be shown in plan only. All tracings or duplicate tracings shall be filed with the City Engineer. Final Improvement Plans: Scale shall be 1" - 40' horizontally in Plan; 1" = 4' vertical in Profile, unless otherwise approved by the City Engineer. c . Estimated costs of improvements to be dedicated to the City or / other public agency or any other conditions of approval of the subdivision. Such estimate• to be verified by the City Engineer. d. Any other pertinent information required by the conditional ap- proval of the Planning Commission or by the City Engineer, including a soils report on.filled areas or areas proposed to be filled; and in all street and alley rights -of -way at intervals not exceeding 1000' and/or any change in soil condi- tions. The soils report and analysis will be in accordance with methods ap- proved by the State of California for "R" values, sieve analysis and sand equi- valent. 21. i • 5206. FINAL MAP. 5206.1 Time Limit. i a. Within eighteen months after approval or conditional approval of the tentative map or maps, the subdivider may cause the subdivision or any part thereof, to be surveyed and a final map to be prepared in accordance with the ten- tative map as approved, or conditionally approved. Streets and easements needed for access to any such part shall be shown on the final map, and dedicated if re- quired. b. Upon application of the subdivider an extension of not exceeding one additional. year may be granted by the City Council, after review and recom- mendation of the Planning Commission. c. Any failure to record a final map within eighteen months from the approval or conditional approval of the tentative map, or any extension thereof granted by the City Council, shall terminate all proceedings. Before a final map may thereafter be recorded, a new tentative map shall be submitted. 5206.2 Final Map Form. a . The final plan or map shall be made to a scale large enough to show the details clearly, minimum scale of 100 feet to the inch or larger, using more than one sheet if necessary to furnish the desired space. The original shall be drawn in black ink upon tracing cloth or Mylar of good quality and the size of the sheets shall be 18" x 26", all sheets shall have a 2-1/2" margin on the left side and shall have a 1" margin on all other borders. b. Each sheet shall be numbered,, the relation of one sheet to another clearly shown, and the number of sheets used in the map shall be set forth in the title of said map. If more than two sheets are necessary for the map, an index map shall be required. c. The title of each such final map shall consist of a trace number and name, conspicuously placed at the lower right-hand corner of the sheet fol- lowed by the words, "consisting of _ sheets" (showing the number thereof), followed by the words, "Lying within the City of Morro Bay" . d. The map or maps, or the title sheet, shall also contain a sub- title giving a general description of the property being subdivided by reference to maps which have been previously filed or recorded, or by reference to the plat of any state or U. S, survey. Each reference in such description, to any tract or subdivision, shall be spelled out and worded identically with the original re- cord thereof and references to book and page of records must be complete. 22. M. 5206.3 Final Map. Data Required. The final map shall show the following: a . Boundaries and Streets . The exterior boundaries of the prop- erty (shown in blue); the border lines and center lines of all proposed streets and alleys with their widths and names; any other portions intended to be dedi- cated to the public use. In case of branching streets, the lire of departure from one street to another shall be indicated. b. Adjacent Streets. The lines of all adjoining properties; the lines of adjacent streets and alleys, showing their widths and names. c. Lot Lines and Numbers. All lot lines, and numbers for all lots, building lines, easements and their purposes. All lots are to be numbered con- secutively throughout the subdivision, starting with the No. 1. d. Dimensions. All dimensions, both linear and angular, for lo- cating boundaries of subdivisions, lots, street and alley lines, easements and building lines. The linear dimensions shall be expressed in feet and hundredths of a foot. e . Monuments. All permanent monuments, together with their descriptions showing fully and clearly their location and size, and if any points were reset by ties, that fact shall be stated. f. Title and Description. Title and description of property being subdivided, showing its location and extent, north arrow, scale of plan, basis of bearing and name of subdivider and of engineer or surveyor platting the tract. / g. The boundaries of any areas within the proposed subdivision which are subject to periodic inundation by water. h. Private Restrictions. Any private restrictions shall be shown on the. plat or reference to them thereon; and the plats shall contain proper ack- nowledgement of owners and mortgagees accepting said platting and restrictions i. City Boundaries. City boundaries which adjoin the subdivision shall be clearly designated and located in relation to adjacent lot or block lines . No lot shall be divided by a city boundary line. j . Title sheet shall. indicate where vehicular access rights have been surrendered on major, thoroughfare and expressway streets. 23. 5206.4 Additional Material. The following additional material shall be submitted with the final map: a . Traverse Sheets . The subdivider shall furnish the Director of Public Works traverse sheets prepared by a registered engineer or licensed sur- veyor showing the mathematical closure within one foot to 20,000 feet perimeter of the exterior boundary of the tract and of each block within the tract and each irregular lot. b. Guarantee of Title. The subdivider shall furnish to the City Council a guaranty of title or letter from a competent title company, certifying that the names of all persons whose consent is necessary to pass a clear title to the land being subdivided and all acknowledgements thereto appear on the proper certificates and are correctly shown on said map, both as to consents as to the making thereof and affidavits of dedication where necessary. Such guaranty shall be issued for the benefit of the City of Morro Bay and protection of the City Council and shall. be continued complete up to the instant of recording. c. Improvement Agreement. The subdivider shall file an agreement for all improvements as herein required, and as may be further required by the City Council or by law, and shall secure the performance thereof by a good and sufficient surety bond executed by a responsible surety company to be•approved by said Council, or an instrument of credit approved by said City Council; or in lieu of such surety bond, instrument of credit or a cash deposit, which bond, instrument of credit or cash deposit shall be in an amount equal to the cost of the improvement and conditions of approval of the map as approved by the City Engineer; provided that,there be no reduction in the amount of any bonds or ins- trument of credit unless approved by the City Council after a report and recom- mendation by the City Engineer and City Administrator; provided however, that the subdivider may, at his option, in lieu of such agreement and bond, instru- ment of credit or cash deposit, enter into a contract with the City Council, se- cured by a faithful performance bond or cash deposit in the manner and condi- tiorr as provided by Section 11, 612 of the Business and Professions Code of California and all other laws applicable thereto. d. Taxes. Prior to the filing of the Final Map the subdivider shall file with the Clerk of the County of San, Luis Obispo a certification from the of- ficial computing redemptions in San Luis Obispo and in.the City of Morro Bay, showing that according to the records of his office there• are no liens against the subdivision or any part thereof for unpaid State, County, Municipal or local taxes or special assessments collected as taxes, except taxes or special as- sessments not yet payable. 24. 11 As to taxes or special assessments collected as taxes not yet pay- able, the subdivider shall file with the Clerk of the County of San Luis Obispo a certificate by each proper officer giving his estimate of the amount of taxes and as- sessments which are a lien but which are not yet payable. - Whenever any part of the subdivision is subject to a. lien for taxes or special assessments collected as taxes which are not yet payable, the final Map shall not be recorded until the owner or subdivider executes and files with the Board of Supervisors a good and sufficient bond to be approved by the Board and by its terms made to inure to the benefit of the County upon the payment of all State, County, Municipal, and local taxes and all special assessments collected as taxes, which at the time the Final Map is recorded are a lien against the property but which are not yet payable. In lieu of a bond, a deposit may be made of money or negotiable bonds in the amount, and of the kind approved for securing deposits of public money, with the approval of the Board of Supervisors of said County. 5206.5 Procedure for Submitting Final Map. a. Completion. A final map shall be considered complete for filing when it complies with the previous Section 5205.9 and Sections 5206.1 through 5207.5 and is accompanied with the statements, agreements and security required. No final map shall be considered acceptable for filing with the City Clerk until said clerk receives a statement in writing that the final maps comply with all the requirements of this ordinance, and that a title report, deed restrictions and improvement agreement have all been submitted, reviewed and approved by the City Attorney and are ready for submission to the City Council. b. Filing. The subdivider shall also file the following with the City Clerk when all of the requirements of Section 5206.5a are met. 1. Twelve blue line copies, original tracing on linen and dupli- cate on linen or Vellum; boundary traverse map, approved; improvement plans; and a checking fee of Thirty ($30.00) dollars plus two ($2.00) dollars per lot, for such detailed examination of Final Maps and field checking as may be necessary for the Director of Public Works to make his required certification. Said map shall be ac- companied by traverse sheets showing the closure within allowable limits as spec- ified in Section 5206.4a. 2. The approved title guarantee, deed restrictions, improvement agreement and bond adequate to cover all required improvements with the City Clerk, if not previously filed. 25. 5206..6 Department Approvals. The following functions, shall be acted upon within 20 days after filing: a. The City Engineer shall examine the final map. If he shall deter- mine that the surveys are correct and that said map is technically correct, substan- tially conforms to the tentative map and any approved alteration thereof, and to the provisions of this ordinance and the State Law; if he shall find that full conformity has not been made, he shall so advise the subdivider and afford him an opportunity to make the necessary changes. b. The Secretary of the Planning Commission shall examine the final map. If he shall determine that the map substantially conforms to the approved tentative map, and any condition imposed thereon, he shall so certify on said map. c. When filing is completed and approved as outlined, the City Clerk shall present the following as provided by the subdivider: An original linen or one duplicate transparency on Vellum, suitable for reproduction with all accompanying statements, agreements, security required (and the recording fee) to the City Coun- cil for consideration.. 5206.7 Approval by City Council. Upon presentation of the map and all required materials by the City Clerk as aforesaid, the City Council shall consider said map, the plan of'subdi- vision, the offers of dedication, the proposed agreement and all related matters . The City Council may reject any or all offers of dedication or require dedication of all proposed streets, easements, or may require additional dedications. In the event that improvements are required under the terms of this ordinance or by law, the City Council shall approve a subdivision agreement and require adequate se- curity for the performance thereof. After the City Council shall determine that said map is in conformity to the requirements of this ordinance, it shall approve said map by resolution. In case the City Council shall determine that said map is not in conformity with the requirements of this ordinance, it shall disapprove said map, specifying reasons therefor and advising the subdivider of such disapproval. Within ninety (90) days thereafter the subdivider shall file with the Secretary of the Planning Commission a map altered to meet with approval of the City Council and shall conform with the procedures specified herein. 5206.8 Recording. The City Clerk, after approval by the City Council, and after signatures and seals have been affixed, shall transmit the final map and duplicate cloth trac- ings, accompanied by the necessary recording fee, to the County Recorder. No map shall have any force or effect until it has been approved by the City Council and no title to any property described in any offer of dedication shall pass until recordation of the final map.. No Building Permit shall be issued until recordation of the final map. 26. 5207. MINOR SUBDIVISION 5207.1 Filing. Where required by the provisions of this ordinance, Parcel Maps, as set out in the Subdivision Map Act, shall be prepared and filed with the Subdivi- sion Committee, together with a filing fee of Ten ($10.00) dollars per lot for di- vision of any area. a. Design and improvements. Division of property by this section shall be governed as to design by Section 5203. herein; and may be governed as to improvements by Section 5204. herein. b. Parcel Map Information. A legible tentative map drawn to scale and 18" x 26" in size on tracing paper (20 copies) shall be prepared and submitted showing: 1 . Name, address and phone number of person filing the map; the name and tract number of the proposed subdivision. 2. Name and legal designation of tract or grant in which the sub- division is located and ties to adjoining streets. 3. Any other data necessary for the intelligent interpretation of the various items and location of the points, line and areas shown, including: Ele- vations where topography is a vital factor; center lines of important water courses; areas subject to flood, road (accurately located) , existing structures, and dimen- sions . c. Statements. Accompanying the tentative map shall be the following: A statement by the subdivider as to drainage, surfacing or other required improve- ments to be constructed by him, and whether proposed roads, widenings, or street openings are offered for separate dedication, and if so, four copies of a prelim- inary title report on subject property shall be included. 5207.2 Filing and Action on Parcel Map. a. A statement regarding proposed improvements, and one reproducible tracing and seven (7) copies of the map shall be filed with the Planing Commission Secretary at least five days prior to the time at which action by the Subdivision Com- mittee is expected. The Secretary shall immediately transmit a copy of said map to the City Engineer and, if advisable, to each public utility serving the general area of the proposed minor subdivision. If the City Engineer finds compliance with application sections and the Parcel Map to be technically correct, he shall endorse a statement on it attesting 27. to his examination thereof, and shall present it to the Subdivision Committee for approval.. Otherwise, he shall return it to the person who presented it, together with a written statement of the changes necessary to make it conform to the require- ments of this ordinance. Any utility company concerned may make a report to the Committee as to the adequacy of the proposed easements b. The Subdivision Committee shall. determine whether the Parcel Map is in conformity with provisions of law and this ordinance as to design, drainage, utilities, road improvements and offe-s of dedication or deed. Upon this basis they shall, except where there are offers of dedication or a deed for public improvements, within 15 days; approve, conditionally approve or disapprove. The Committee shall report such action in writing to the subdivider. Any such approved map shall be recorded by the City Clerk. c. Any lots created by an approved minor subdivision approved by the City shall eliminate any previously recommended lot lines which fall within said minor subdivision. d. Partial width streets may be allowed by the Planning Commission when lot owners are not able to coordinate development on adjacent lots but in no case shall such streets be less than thirty (30') feet of right-of-way and twenty (20') feet of pavement. .e. Simple Lot Divisions. The Director of Planning may approve ap- plications where the minor subdivision consists of the division of a recorded lot into two lots, or the transferring of a portion of one recorded lot to another, and where all parcels meet the requirements of the zoning district in which they are located and where all improvements have been installed. No recording shall be required on such simple lot subdivisions. Where, as a condition of approval of any minor subdivision, there is a requirement of an offer of dedication or a deed, or where the application is for a tandem or deep lot subdivision, the Subdivision Committee shall recommend approval, conditional approval or denial to the Planning Commission. f. Action by Planning Commission. Upon receipt of said map requiring dedication or deed for rights - of -way or other public facilities from the Subdivision Committee, it shall deter- mine whether said map is in conformity with the requirements of this ordinance and, if so, it may approve said map when accompanied by offers of dedication, agreement and security and title guarantees, which agreement and guaranty have been previously approved by the City Attorney. 28. g. Extension of Time. 1. The time limits for acting and reporting on a Minor Subdi- vision, as provided in this ordinance, may be extended upon mutual consent, in writing, of the person filing the map and the Subdivision Committee or Plan- ning Commission. 2. Appeal from the action of. the Subdivision Committee or Plan- ning Commission, by applicant or any affected property owner, must be made to the Planning Commission, in writing, within fifteen (15) days from date of action of the Committee. 3. Appeal from the action of the Planning Commission must be made in writing by the applicant within five (5) days from the date of action of the Planning Commission. No Building Permit may be issued prior to recording of the Par- cel Map indicating the Minor Subdivision. 5207.3 City Council Action on Appeal - Minor Subdivision or Parcel Map. a. The City Council shall render its decision on any appeal within / thirty (30) days after filing thereof. If the City Council fails to act within the prescribed thirty days, the action of the Planning Commission shall be deemed as final, unless this time period is extended by mutual consent of the subdivider and the City Council. b. Limitation of Approval. The approval or conditional approval of a Minor Subdivision Map shall be valid for a period of one (1) year from the date of approval by the Subdi- vision Committee, Planning Commission or City Council. Such approval or con- ditional approval may be extended for a period 'not to exceed one (1) additional year period by the Subdivision Committee upon written request, providing such re- quest is made prior to the expiration of the one (1) year approval or conditional approval period . c . Exceptions. This Section shall not apply to any parcel not conforming to the provisions of this ordinance for which a deed is of record, or for which a contract of sale was in full force and effect and recorded prior to the 1964-65 Assessment Roll of the City, nor to any land dedicated for cemetery purposes under the Health and Safety Code of the State of California. 29. n.l 5207.4 Subdivision Alternate. Nothing contained in this Section shall prevent any owner from proces- sing a Division of Land as a subdivision. 5208. ENFORCEMENT. No building shall be constructed nor shall a permit for the construction of a building be issued, nor shall any portion of any parcel be used when not con- forming to this Article. 5209. PENALTY. Any offer to sell or contract to sell, or any sale contrary to the provi- sions of this ordinance shall be a misdemeanor, and any person, firm, corporation, partnership or co -partnership, upon conviction thereof, shall be punishable by a fine of not more than five hundred ($500.00) dollars or by imprisonment in the County Jail for a period of not more than six (6) months, or by both such fine and imprison- ment, except that nothing herein contained shall be deemed to bar any legal, equit- able, or summary remedy to which the City of. Morro Bay or other political subdivision or person, firm, corporation, partnership or co -partnership may otherwise be entitled, and the City of Morro Bay or any other political subdivision, or person, firm, cor- poration, partnership or co -partnership may file an action in the Superior Court of the State of California, in and for the County of San Luis Obispo, to restrain or en- join any attempted or proposed subdivision or sale in violation of this ordinance. Any transfer of conveyance, or purported transfer or conveyance, or agreement to transfer or convey any parcel of land without compliance with the terms of this ordinance shall be voidable at the option of the transferee in accord- ance with the provisions of Sections 11540 and 11540.1 of the Business and Pro- fessions Code of the State of California, as the same may be amended from time to time. 5210. SEVERABILITY. If any section, sub -section, paragraph, sub -paragraph, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconsti- tutional, such invalidity or unconstitutionality shall not affect the validity or con- stitutionality of the remaining portions of this ordinance, and this City Council does hereby expressly declare that this ordinance and each section, sub -section, paragraph, sub -paragraph, sentence, clause and phrase thereof would have been adopted irrespective of. the fact that any one or more of such section, sub -section, paragraph, sub -paragraph; sentence, clause or phrase be declared invalid or un- constitutional. cim • 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 13th day of September, 1966, by the following roll call vote: AYES: Councilmen Bickford, Bowen, Keiser, Mallery $ Mayor Surfluh NOES: None ABSENT: None ATTEST: C. TED WHITE, City Clerk -31- ORDINANCE NO. 48 AN ORDINANCE AMENDING CHAPTER VIII OF TITLE II OF THE MORRO BAY MUNICIPAL CODE, UNIFORM TRANSIENT OCCUPANCY TAX ORDINANCE THE CITY COUNCIL City of Morro Bay, California The City Council of the City of Morro Bay does ordain as follows: SECTION 1. That Section 2803 of the Morro Bay Municipal Code is amended to read as follows: 2803. Exemptions. No tax shall be imposed upon: A. Any person as to whom, or any occupancy as to which, it is beyond the power of the City to impose the tax herein provided: B. Any officer or employee of a foreign government who is exempt by reason of express provision of Federal law or international treaty. No exemption shall be granted except upon a claim therefore made at the time rent is collected and under penalty of perjury upon a form prescribed by the Tax Administrator. SECTION 2. Effective Date. This Ordinance shall be effective thirty (30) days from and after the date of its passage. PASSED AND ADOPTED by the City Council of the City of Morro Bay at the meeting of said Council held this 23rd day of August , 1966, by the following roll call vote: AYES: Councilmen Bickford, Bowen, Keiser, Mallery f, Mayor Surfluh NOES: None ABSENT: None ATTEST: C. thl) WHIIE, CITY CLERK 4�NowlU. mayor ORDINANCE NO. 47 AN ORDINANCE AMENDING THE MORRO BAY MUNICIPAL CODE TOPROVIDE FOR THE SALARY OF CITY TREASURER THE CITY COUNCIL City of Morro Bay, California The City Council of the City of Morro Bay does ordain as follows: Section 1. Section 2202 of the Morro Bay Municipal Code is amended to read as follows: 2202. City Treasurer. The City Treasurer shall receive a salary in the amount of One Dollar ($1.00) per month. Section 2. This ordinance shall take effect thirty (30) days from the date of its adoption. PASSED AND ADOPTED by the City Council of the City of Morro Bay at the meeting of said City Council held this 23rd day of August , 1966, by the following roll call vote: AYES: Councilmen Bickford, Bowen, Keiser, Mallery and Mayor Surfluh NOES: None ABSENT: None ATTEST: 0t - I I Go N ORDINANCE NO. 46 AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE FISCAL YEAR 1966-67 THE CITY COUNCIL 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 orb ro Bay, Fiscal Year 1966-67", dated June 28, 1966, formerly approved and adopted as the Preliminary Budget on June 17, 19661 is hereby approved and adopted as the Final Budget for Expendi- tures for the City of Morro Bay for the fiscal year 1966-1967. Section 2. This ordinance is being enacted to take effect immediate y in accordance with Section 36937 of the Government Code 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 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 ordinanceis 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. PASSED AND ADOPTED by the City Council of the City of Morro Bay at the meeting of said City Council held this 28th day of June , 1966, by the following roll call vote: AYES: Councilmen Bickford, Bowen, Keiser $ Mayor Surfluh NOES: Councilman Mallery ABSENT: None G S. F ayor ATTEST: 9 �� —�TED WHI IE, �ityC eerrk— 1', { k ORDINANCE NO. 45 AN ORDINANCE CREATING CHAPTER V, TITLE IX OF THE MORRO BAY MUNICIPAL CODE, ENTITLED TREE ORDINANCE THE CITY COUNCIL City of Morro Bay, California The City Council of the City of Morro Bay does ordain as follows: SECTION I. Chapter V to Title IX entitled "Tree Ordinance" is hereby created as follows: CHAPTER V TREE ORDINANCE 9501. Purpose. That it is for the best interest of the City of Morro Bay and of the citizens and public thereof that a comprehensive plan for the planting and maintenance of trees in, or which may overhang, public streets within said City should be developed and established; and.that this ordinance is adopted for the purpose of developing and providing for such a plan and program, and for the purpose of establishing rules and regulations relating to the planting, care and maintenance of such trees. 9502. Definitions. The word "person" shall mean an indi- vidual, a firm, an association, a corporation, a co -partnership, and the lessees, trustees, receivers, agents, servants and employees of any such person. The word "City" shall mean the City of Morro Bay. The words "City Council" shall mean the City Council of the City of Morro Bay. The words "Director of Public Works" shall mean the Director of Public Works of the City of Morro Bay. Ordinance No. 45 Page Two The words "Planning Commission" shall mean the Planning Commission of the City of Morro Bay. The words "public streets" or "streets" shall include all roads, streets, avenues, boulevards, alleys, parkways, sidewalks, walkways and public right-of-way, or any portion thereof, of the City. The word "owner" shall include the legal owner of real pro- perty fronting on any street of the City, and any lessee of such owner. 9503. Number. Wherever used in this ordinance, the singular number includes the plural and the plural includes the singular. 9504. Enforcing Authority. The Director of Public Works or his duly authorized representative, shall be charged with the enforcement of this ordinance. 9505. Master Tree List. The Planning Commission is hereby charged with the duty of determining the types and species of trees suitable and desirable for planting within the City, and the areas in which such trees shall be planted. Such determination shall be made by the Planning Commission who may consult with those familiar with the subject of such plantings, such as landscape architects, arborists, nurserymen and park executives. After such determination has been made, the Planning Commission shall report their findings in writing to the City Council. When approved by the City Council, said report, to be known as the Master Tree List, shall be placed on file in the office of the City Clerk, and shall thereafter be the official determination of the Planning Commission. Revisions or changes in said Master Tree List may be made from time to time by the Planning Commission, in the manner described hereinabove for the development, approval and filing of the original Master Tree List. Ordinance No. 45 Page Three All trees planted in the public streets of the City after the filing of the Original Master Tree List must be as specified on the Master Tree List, unless a written permit from the Director of Public Works shall have first been obtained to deviate from said list. Such permit may be granted by the Director of Public Works only upon his obtaining approval therefor from the Planning Commission. 9506. The Director of Public Works shall have jurisdiction and control of the planting, setting out, location and placement of all trees in the public streets of the City, and shall likewise have supervision, direction and control of the care, trimming, removal, relocation and replacement thereof. 9507. Tree care, planting, removing & replacement. No person other than the Director of Public Works or his duly authorized agent or deputy shall cut, trim, prune, spray, brace, plant, move or remove, or replace any tree in any public street within the City, or shall cause the same to be done, unless and until a written permit so to do shall have been first obtained from the Director of Public Works. Any such permit may be declared void by the Director of Public Works if its terms are violated. 9508. Tree Removal, Cause For. No tree shall be removed from any public street unless it shall interfere with the necessary improvement of the street, the installation of public utilities or if said tree is a hazard to person or property. If, in the opinion of the Director of Public Works, a tree is determined to be hazardous, said tree shall be removed and a new tree planted, of the type specified in the Master Tree List for that particular location, and the cost of removal and replacement shall be at the expense of the City. Ordinance No. 45 Page Four 9509. Tree Removal by Owner. Any person desiring to re- move a sound, healthy tree from any public street abutting his property shall submit to the Director of Public Works a petition signed by a majority of property owners on the public street on which such tree is situate and within a lateral distance of 200 feet from said tree. Such petition shall specify the reason for requesting removal of such tree. After receipt by the Director of Public Works of such petition, the Director of Public Works shall investigate the petition and, within 15 days after receipt of such petition, shall report his findings to the Planning Commission. The Planning Commission shall consider the petition, the report of the Director of Public Works and other evidence desired by it, and shall, in its sole discretion, grant or deny permission to remove said tree. The grant by the Planning Commission of such permission may be upon conditions deemed appropriate by the Planning Commission. 9510. Tree Removal, Cost of and Replacement. In the event a permit is issued for the removal of a tree, all cost of said removal shall be at the expense of the petitioner; and all street surfaces, curbs, gutters and sidewalks subject to displacement, removal or damage by such tree removal, shall be replaced in a condition accept- able to the Director of Public Works, who may, prior to the removal of such tree, require a performance bond in an amount equal to the cost of possible damages to public streets and/or structures from the proposed tree removal activities. 9511. Any person removing a tree under the provisions of Sections 9509 and 9510 hereof shall, at his expense and within 15 days after such removal, plant another tree of the type and species Ordinance No. 45 Page Five specified in the Master Tree List for such area in a location desig- nated by the Director of Public Works. If such person shall fail to plant the other tree or to comply with the requirements of this Sec- tion 9511 within the time specified, the Director of Public Works may perform such tasks as are required, and the cost thereof shall be assessed to such person. This remedy is in addition to all other measures, including punitive measures, available to City arising out of such non-compliance. 9512. Any person doing business as a public utility subject to the jurisdiction of the Public Utilities Commission of the State of California and any constituted public agency authorized to provide, and providing utility service, shall be given a permit from the Direc- tor of Public Works valid for one year from the date of issuance, per- mitting such person to trim, brace, remove or perform such other acts with respect to trees growing adjacent to the public streets of the City, or which grow upon private property to the extent that they encroach upon such public streets as may be necessary to comply with the safety regulations of said Commission and as may be necessary to maintain the safe operation of its business. 9513. No person, other than (1) an owner of property abutting the portion of the street upon which a tree is located and on the same side of the centerline of said street as is said tree, or C2) a public utitlity, may do any act regarding said tree for which a per- mit is required under Section 9507 hereof, except a person whose principal business is tree surgery, trimming or maintenance and who, in the opinion of the Director of Public Works, is qualified for such business, and who has obtained a permit to carry on such business %, ,A "i :' Ordinance No. 45 Page Six in the City from the Director of Public Works. Prior to the issuance of such a permit, a valid business license must be secured from the City Clerk. Permits issued pursuant to this section may be granted for a period of one year from the date of issuance. 9514. It shall be unlawful for any person to break, in- jure, deface, mutilate, kill or destroy any tree or set fire or permit any fire to burn where such fire or the heat thereof will injure any portion of any tree in any public street in the City, nor shall any person place, apply, attach or keep attached to any such tree or to the guard or stake intended for the protection thereof any wire, rope (other than one used to support a young or broken tree), sign, paint or any other substance, structure, thing or device of any kind or nature whatsoever, without having first obtained a written permit from the Director of Public Works to do so. 9515. The Director of Public Works may inspect any tree ad- jacent to or overhanging any public street in the City to determine whether the same or any portion thereof is in such a condition as to constitute a hazard or impediment tothe progress or vision of anyone traveling on such public street. Any tree or part thereof growing upon private property, but overhanging or interfering with the use of any street that, in the opinion of the Director of Public Works, endangers the life, health, safety, or property of the public shall be declared a public nuisance. If the owner of such private property does not correct or remove such nuisance within 10 days after receipt of written notice thereof from the Director of Public Ordinance No. 45 Page Seven Works, he shall cause the nuisance to be corrected or removed and the cost shall be assessed to such owner. Nothing contained herein shall be deemed to impose any liability upon the City, its officers, or employees, nor to relieve the owner of any private property from the duty to keep any tree upon his property or under his control in such a condition as to prevent it from constituting a public nuisance as hereinabove de- fined. 9516. Any person aggrieved by any act or determination of the Director of Public Works in the exercise of the authority here- in granted shall have the right of appeal to the City Council of the City whose decision, after public hearing of said matter, shall be final and conclusive. PASSED AND ADOPTED by the City Council of the City of Morro Bay at the meeting of said Council held this 12th day of July , 1966, by the following roll call vote: AYES: Councilmen Bickford, Bowen, Keiser $ Mayor Surfluh NOES: None ABSENT: Councilman Mallery N�_ ATTEST: —C TAD tHIE - City Clerk CITY OF MORRO BAY ' SELECTED TREE LIST , Adofted Sept. 6, 1966' ARTERI STREET - > MORRO BAY BLVD. from Quintana Road,'weet toto ][arket-Street; Eucalyptus ficifolid. HARBOR STRTETO from Morro Bay Blvd. to Market Street; Eucalyptue ficifolia. i MAIN STREET.'from State Park. north to Highway One underpass;. -Eucalyptus ficifolia. MAIN STREET.:from underpass to Atasoadero Road - east -side only; Myoporum laetum. :. MAIN STREET, :from Atascadero Road to San Jacinto Ave; Acacia Longifolia. ' MAIN STREET. from San Jacinto Ave. to Yerba Buena;'; �. Aleppo Pine. XTRN AVENU$;,full length; Catalina r Prunue iyonii) C Cherry ( - PINEY WAY; from church grounds .to Pacifio Ave. Eucalyptus fioifolia.'. .. ......:...: ;; PINEY WAY. from Pacific Ave to Ridgeway; Aleppo Pine: PINEY WAY, from Ridgeway to Main Street; Canary Pine.. QUINTANA ROAD. from Main Street, south to Morro Bay Blvd;.'• Pittosporum rhombifolium. i gUINTANA ROAD;.from Morro Bay Blvd.. to is Loma Ave; ; Catalina Cherry (Prunue ilicifolia) IRONWOOD AVENUE (9th St.), from Atascadero Road to Avalon . Strawberry tree (Arbutus unedo). IRONWOOD AVZM# from Avalon to Del Mar Tlementary School;. Liquidamber styraoiflua. ZONE On Al. Bounded by State Park on the South, to Ridgeway Ave on the north;' 'Purpleleaf Pliva' Acacia baileyana Magnolia grandiflora Liquidamber styraoiflua Pittosporum rhombifolium Pittosporum undulatum Myoporu:a laetum Canary Pine \ Aleppo Pine Silver Dollar Sucalyptue Arbutus unedo Incense Cedar - Washingtonia filifere, Chinese BLm • Holly Oak . • Birch • - _....:,.:",' '........ . Coast Live 'Oak `.. • ... ••. Eucalyptus ficifolia Bounded on south by Ridgeway Ave & Olive Ave, north to P.G.&•T. property and Radcliff Ave;•..•.... Acacia baileyana Acacia longifolia 'Pittosporumrhombifolium Pittosporum undulatum (Callistemon) Myoporum laetum •• �: Eucalyptus ficlfolia- " Bottle Bush -Eucalyptus erythrocorys.;• Prunus lyonii Prunue ilicifolia. Podocarpus elongate. Aleppo Pine ._.,;-•. ,-,., Washingtonia filifera Purpleleaf•Plum Holly Oak Washingtonia rob'usta ZONE THREE..... _. Bounded by Radcliff Ave on the.south, San Jacinto Ave on the north; Acacia baileyana Chinese Elm ' ,Voporum laetum Pittosporum undulatum Birch ": Callistemon lanceolatus 1Felaleuca leucadeadra •. ''' (Lemon Bottle Brush) .:: Prunus ilicifolia ': ':'.;;`. Purpleleaf Plum _. ...::. .:......_..:......,. . Holly Oak. Silver Dollar Eucalyptus '.:. ' : coast Live oak •:' Liquidamber styraoiflua.: Incense Cedar Arbutus unedo .. T ..-_._:�11 •LI.GL•..IJ. _.. ` �.�1—li...r.�.la..� �.. J.. _..L ,t.,..[]f�SA�. :ll 1! '1 . .��— r.L\a ul'�.'..,'__ ZONE FOUR Bounded by P.G.& E. property an the south, Indigo St..cn north; myoporum laetum Pittosporum undulatum 15rashingtonia robusta Washingtonia f ilif era,... Acacia baileyana. Acacia longifolia' Podocarpus elongate Callistemon Aleppo Pine Italian Stone Pine: Eucalyptus fioifolia Arbutus unedo Holly Oak Coast Live Oak E. AtaBcadero Beach area; Pittosporum undulatum* Pittosporum rhombifolium I.Voporum laetum Holly Oak Arbutus unedo Coast Live Oak Prunus lyonii, Prunus ilicifolia:' • Eucalyptus ficifolia Eucalyptus erythr6corys Aleppo Pine Italian Stone Pine, ZONE. SIX Bounded by San Jacinto Ave. on the south, Yerba Buenai thG'north; California Bay California Walnut Chinese Pistache Acacia baileyana 7,Voporum laetum Chinese Elm I. I ..... Pittosporum undulatum Birch Melaleuca leucadendra Callistemon lanceolatus Prunus ilioifolia. Purpleleaf Plum Holly Oak Coast Live Oak Silver Dollar Eucalyptus Liquidambek styraoiflua- Incense Cedar., —Arbutus unedo OP ORDINANCE NO. 44- AN ORDINANCE CREATING CHAPTER XI TO TITLE II OF THE MORRO BAY MUNICIPAL CODE, ENTITLED PEACE OFFICER STANDARDS AND TRAINING THE CITY COUNCIL City of Morro Bay, California The City Council of the City of Morro Bay does ordain as follows: SECTION 1. Chapter XI to Title II of the Morro Bay Municipal Code entitled, "Peace Officer Standards and Training" is hereby created as follows: CHAPTER XI PEACE OFFICER STANDARDS AND TRAINING 21101. The City of Morro Bay declares that it desires to qualify to receive aid from the State of California under the provisions of Chapter 1 of Title 4, Part 4 of the California Penal Code. 21102. Pursuant to Section 13522 of said Chapter 1, the City of Morro Bay, while receiving aid from the State of California pursuant to said Chapterl, will adhere to the standards for recruit- ment and training established by the California Commission on Peace Officer Standards and Training. SECTION 2. This ordinance shall take effect thirty (30) days after the date of its adoption, and prior to the expiration of fifteen (lS) days from the passage thereof shall be published once in The Sun, 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 June 1966, by the following roll call vote: ORDINANCE NO. PEACE OFFICER PAGE TWO AYES NOES STANDARDS AND TRAINING Councilmen Bickford, Bowen, Keiser, Mallery $ Mayor Surfluh Councilmen None ADOPTED: S. Surflu', Mayor FA/MR, a �- ATTEST: C. e C. Te White, City Clerk CERTIFICATION OF CITY CLERK I, C. Ted White, Clerk of the City of Morro Bay do hereby certify that the foregoing is a true and correct copy of Ordinance No.44-66 passed by the City Council of the City of Moir —may at a regular meeting thereof held on the 28th day of June , 1966. Dated: City Clerk (SEAL) 653 PEACE OFFICER STANDARDS & TRAINING Sea 135Z3 criminal offenses, other than a fine, penalty or forfeiture for a violation of the Vehicle Code or any local ordinance relating to the stopping, standing, parking, or operation of a vehicle, and other than for a violation of the Fish and Game Code.. Where multiple offenses are involved, the penalty assessment shall be based upon the total fine or bail for all offenses. When a fine is suspended, in whole or in part, the penalty assessment shall be reduced in proportion to the suspension.. When any deposit of bail is made for an offense to which this section applies, the person making such deposit shallalso deposit a sufficient amount to include the assessment prescribed in this section for forfeited bail. If bail is forfeited,: the amount of such assessment shall be transmitted by the clerk of the court to the county treasury and thence to the State Treasury pursu- ant to this section. If bail is returned, the assessment made thereon pursuant to this section shall also be returned. After a determination by the court of the amount due, the clerk of the court shall collect the same and transmit it to the county treasury. It shall then be transmitted to the State Treasury to be deposited in the Peace Officers' Training Fund. The transmission to the State Treasury shall be carried out in the same manner as fines collected for the State by a county. In any case where a person convicted of any offense to which this section applies is imprisoned until the fine is satisfied, the judge may waive all or any part of the penalty assessment the payment of which would work a hardship on the person con- victed or his immediate family. —Amended, Stats. 1963, Chap. 1621. 13522. Application for state aid. Any city, county, or city and county which desires to receive state aid pursuant to this chapter shall make application to the commission for such aid. The application must be accompanied by a certified copy of an ordinance adopted by its governing body providing that while receiving any state aid pursuant to this chapter, the city, county or city and county will adhere to the standards for recruitment and training established by the commission. The application shall contain such information as the commission may request. 13523. Reimbursement for salary and living expense while training. The commission shall annually allocate and the State Treasurer shall pay from the Peace Officers' Training Fund to each city, county, and city and county which has ap- plied and qualified for aid pursuant to this chapter a sum which will reimburse the city, county, or city and county in an amount not to exceed one-half of the salary paid to each peat: ;;fficer meeting the recruitment standards and participating in train- ing meeting the standards prescribed pursuant to this chapter during the period covered by the allocation, plus one-half of necessary living expenses incurred by such officer which are 1 . Sea 1350E PENAL CODS 650 TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS CHAPTER-1. Commission on Peace Officer Standards and Training § 13500-13523 Article 1. Administration.-4 13500-13506. Article 2. Standards for Recruitment and Training. —I 13510-13512. Article 3. Peace Officers' Training Fund and Allocations Therefrom, § 13520-13523. ARTICLE 1. ADMINISTRATION NOTE: Title 4 (commencing with Section 13500) is added to Part 4 of the Penal Code, by Stats. 1959, Chap. 1823. 13500. Commission on Peace Officer Standards and Train- ing, appointment of. There is in the Department of Justice a Commission on Peace Officer Standards and Training, hereafter referred to in this chapter as the commission. The commission consists of nine members appointed by the Governor, after consultation with, and with the advice of, the Attorney General and with the advice and consent of the Senate, of whom five must be either sheriffs or chiefs of police or peace officers nominated by their resRective sheriffs or chiefs of police, two must be elected officers or chief administrative officers of cities in this State, and two must be elected officers or chief adminis- trative officers of counties of this State, as well as the Attorney ' General, who shall be an ex officio member of the commission. Of the members first appointed by the Governor, three shall be appointed for a term of one year, three for a term of two I years, and three for a term of three years. Their successors shall serve for a term of three years and until appointment. and qualification of their successors, each term to commence on the expiration date of the term of the predecessor. 13501. Selection of chairman. Quorum. The commission shall select a chairman and a vice chairman from among its mem- bers. Five members of the commission shall constitute a quorum. The Attorney General shall summon the commission to its first meeting. 13502. Compensation. Members of the commission shall receive no compensation, but shall be reimbursed for their actual and necessary travel expenses incurred in the performance of 651 PEACE OFFICER STANDARDS & TRAINING See. 13507 their duties. For purposes of compensation, attendance at meet. ings of the commission shall be deemed performance by a mem- ber of the duties of his local governmental employment. 13503. Powers. In carrying out its duties and responsi. bilities, the commission shall have all of the following powers: (a) To meet at such times and places as it may deem proper; (b) To employ an executive secretary and, pursuant to civil service, such clerical and technical assistants as may be necessary; (c) To contract with such other agencies, public or private, or persons as it deems necessary, for the rendition and afford-7 ing of such services, facilities, studies, and reports to the com- mission as will best assist it to carry out its duties and re- sponsibilities; (d) To co-operate with and to secure the co-operation of county, city, city and county, and other local law enforcement agencies in investigating any matter within the scope of its duties and responsibilities, and in performing its other functions; (e) To co-operate with and secure the co-operation of every department, agency, or instrumentality in the State Govern- ment; (f) To do any and all things necessary or convenient to en- able it fully and adequately to perform its duties and to exercise the power granted to it. 13504. Availability of Department of Justice personnel. The Attorney General shall, so far as compatible with other demands upon the personnel in the Department of Justice, make available to the commission the services of such personnel to assist the commission in the execution of the duties imposed upon it by this chapter. 13505. Administrative costs. In exercising its functions the commission shall endeavor to minimize costs of administra- tion, so that the greatest possible proportion of the funds avail- able to it shall be expended for the purposes of providing train- ing for local law enforcement officers. All expenses for the operation of the commission shall be alproper charge against the revenue accruing under the provisions of Article 3 (com- mencing with Section 13520). 13506. Regulations. The commissL may adopt such regulations as are necessary to carry out the purposes of this chapter. 13507. Meetings open to public. All meetings of the com- mission shall be open and public and all persons shall be per- mitted to attend any meeting of the commission.—Stats. 1961, Chap. 571. Sea 13851 PENAL CODE 652 ARTICLE 2. Standards for Recruitment and Training §13510-13512 13510. Rules establishing minimum standards. For the purpose of raising the level of competence of local law enforce- ment officers, the commission shall adopt, and may, from time to time amend, rules establishing minimum standards, relating to physical, mental, and moral fitness, which shall govern the recruitment of any city police officers or peace officer members of a county sheriff's office, in any city, county, or city and county receiving state aid pursuant to this chapter, and shall adopt, and may, from time to time amend, rules establishing minimum standards for training of city police officers and peace officer members of county sheriff's offices, which shall apply to those cities, counties, and cities and counties receiving state aid pur- suant to this chapter. All such rules shall be adopted and amended pursuant to Chapter 4.5 (commencing with Section 11371) of Part 1, Division 3, Title 2 of the Government Code.) Amended, Stats. 1963, Chap. 372. 13511. Training permitted at existing institutions. In es- tablishing standards for training, the commission may, so far as consistent with the purpose of this chapter, permit required training to be obtained at existing institutions approved by the commission. 13512. Inquiries as to adherence to standards. The com- mission shall make such inquiries as may be necessary to deter- mine whether every city, county, and city and county receiving state aid pursuant to this chapter is adhering to the standards for recruitment and training established pursuant to this chapter. ARTICLE 3. Peace Officers' Training Fund and Allocations Therefrom § 13520-13523 13520. Establishment of Peace Officers Training Fund. There is hereby created in the State Treasury a Peace Officers Training Fund, which is hereby appropriated, without regard to fiscal vears, exclusively for costs of administration and fori grants to local governments pursuant to this chapter. 13521. Penalty assessment for criminal offenses. On and after the effective date of this section, there shall be levied a penalty assessment in any amount equal to two dollars ($2) for every twenty dollars ($20), or fraction thereof, of every fine, penalty, and forfeiture imposed and collected by the courts for Bea 13523 PENAL CODE 554 necessitated by training requiring that he be away from his residence overnight. If the moneys in the Peace Officers' Train- ing Fund budgeted by the commission for such salary reim- bursement are insufficient to allocate such amount to each participating city, county, and city and county, the amount allocated to each shall be reduced proportionately. In no event shall any allocation be made to any city, county, or city and county whicji has not, throughout the. period covered by the allocation, adhered to the recruitment and training standards established by the commission as applicable to personnel re- cruited or trained by such city, county, or city and county during such period 0 ORDINANCE NO. 43 AN ORDINANCE CREATING AND ADDING SECTION 9212 TO CHAPTER II, TITLE IX OF THE MORRO BAY MUNICIPAL CODE, ADOPTING RULES AND REGULATIONS GOVERNING THE DISCHARGE OR DUMPING OF RAW OR CHEMICALLY TREATED SEWAGE. follows: THE CITY COUNCIL City of Morro Bay, California The City Council of the City of Morro Bay does ordain as SECTION 1. Section 9212 to Chapter II, Title IX of the Morro Bay Municipal Code is hereby created as follows: 9212. Rules and Regulations Governing the Discharge or Dumping of Raw or Chemically Treated Sewage. 9212.1 It shall be unlawful for any person to dump or discharge raw or chemically treated sewage from any source onto the surface of any lands within the City. 9212.2 It shall be unlawful for any person to dump or discharge within the City,septic tank cleanings or any raw or chemically treated sewage from septic tanks. 9212.3 Raw or chemically treated sewage from chemical toilets and sources other than septic tanks may be discharged or dumped within the City only at the places owned and/or operated by the City and designated by the Director of Public Works or at such privately -owned facilities for which a current operating permit has been issued as hereinafter provided. 9212.4 Each person dumping or discharging raw or chemically treated sewage from sources other than septic tanks into the facili- ties of the City of Morro Bay shall pay the following fee: (1) House trailers or campers - No fee. (2) Tank trucks or other commercial carriers - Ordinance No. 43-66 Page Two For each vehicle, $5.00 for each 1000 gallon capacity or fraction thereof, regardless of the actual amount discharged. 9212.5 Commercial Facilities. It shall be unlawful for any person to discharge or dump raw or chemically treated sewage from commercial tank trucks or from other commercial sources into any privately owned and/or privately operated facility. Such commercial source shall discharge or dump such sewage only into the facilities owned and/or operated by the City of Morro Bay. 9212.6 Private Facilities - Construction. No person shall install or construct any facility for receiving raw or chemically treated sewage from sources other than septic tanks without having first secured a building permit for said installa- tion from the Building Official in accordance with Section 4102 of this Code.* All such private facilities shall be installed in strict conformance with the approved plans and specifications of the City of Morro Bay. 9212.7 Private Facilities - Operation. No owner or operator of any facility for the reception of raw or chemically treated sew- age shall permit any raw or chemically treated sewage to be dumped into such facility until an operating permit for such facility has been obtained from the Director of Public Works as provided for here- in and conspicuously posted near such facility. Upon application to the Director of Public Works, the Director of Public Works shall issue without fee an operating permit to the owner of any such privately - owned facility upon certification to the Director of Public Works by the Building Official that such facilities have been constructed in conformance with the approved plans and specifications of the City of Morro Bay. Such operating permit shall be conditional upon con- Ordinance No. 43-66 Page Three tinued operation of such facilities in compliance with the rules, regulations and directives of the Director of Public Works re- lating to such operation, including maintenance and cleaning of such facilities. The Director of Public Works and/or the Building Official or their authorized representatives shall be entitled to enter at all reasonable times upon the premises where- in such privately owned facility is situated for the purpose'of inspecting the condition and/or manner of operation of such facility 9?12.8 In the event any privately -owned facility for the collection of raw or chemically treated sewage from sources other than septic tanks is operated in violation of or contrary to or inconsistent with the rules, regulations and directives of the Director of Public Works or this Code, the Director of Public Works may, in his discretion, suspend or revoke the operating permit theretofore issued for such private facility, with or without notice, provided, however, that in the event such suspension or revocation is immediate, notice of such action and the causes therefore shall be promptly sent to the owner of such facility by Certified Mail, postage prepaid, at the address indicated on the operating permit. 9212.9 Appeals. The owner or operator of any privately - owned facility for the collection of raw or chemically treated sewage from sources other than septic tanks may appeal the decision of the Director of Public Works suspending or revoking the operating permit for such facility, in accordance with Section 4113.1 of this Code, provided, however, that the order of the Director of Public Works which is appealed from shall remain in full force and effect pending the determination of such appeal. Ordinance No. 43-66 Page Four SECTION 2. This ordinance shall take effect thirty (30) days after its adoption, and prior to the expiration of fifteen (1S) days from the passage thereof it shall be published once in a newspaper of general circulation within 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 June , 1966, by the following roll call vote: AYES: Councilmen Bickford, Bowen, Keiser, Mallery $ Mayor Sur£luh NOES: Councilmen None ATTEST: C. TED WHITE, City Clerk follows: ORDINANCE NO. 42 AN INTERIM ORDINANCE READOPTING ORDINANCE NO. 35 REGULATING THE INSTALLATION, ERECTION OR CONSTRUCTION OF SIGNS WITHIN THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California The City Council of the City of Morro Bay does ordain as Section 1. Acts Prohibited No person, as defined in Section 1314 of the Municipal Code, shall erect, install or con- struct any sign within the City Limits of the City of Morro Bay except as hereinafter set forth in this Ordinance. Section 2. Definitions: On -site signs as used herein shall mean signs pertaining to any use permitted in the district in which such sign is located and which sign is situated on the building in which such use is conducted or on the immediate site of such building, or on the actual area of the land occupied by such use. Section 3. On -site signs in commercial and industrial districts: C-1. C-2. M-1. M-2. H. L. and T zones a. No on -site sign which exceeds forty eight square feet in aggregate area shall be erected, installed or con- structed in any commercial or industrial district within the City of Morro Bay. b. No portion of any on -site sign erected, installed or constructed within any commercial or industrial dis- trict which is attached to a building shall be higher than the highest portion of the building to which such sign is attached. Ordinance No. 42 Page Two C. No portion of any detached or free-standing on - site sign erected, installed or constructed within any commercial or industrial district shall be higher than thirty five feet (35'). Section 4. On -site signs in apartment house residential districts: (R-3 and R-4): a. No on -site sign which exceeds twenty square feet in aggregate area shall be erected, installed or con- structed in any apartment house residential district. b. No portion of any on -site sign erected, installed or constructed within any apartment house residential dis- trict which is attached to a building shall be higher than the highest portion of the building to which such sign is attached. C. No portion of any detached or free-standing on -site sign erected, installed or constructed within any apartment house residential district shall be higher than twenty feet. Section 5. General Requirements. a. On -site signs shall be constructed in such manner so as not to obstruct any door, window or fire escape of any building. b. On -site signs shall not be suspended over or constructed or placed upon any portion of any public street or right-of-way except as hereinafter provided. c. Upon securing an encroachment permit, on -site signs may project into the sidewalk area of any public right-of- way to a maximum of twelve inches (12"), provided that the lowest portion of such sign shall be at least ten Ordinance No. 42 Page Three feet (10') above the finished grade of such public sidewalk area or right-of-way. The City Council may grant temporary use permits allowing deviations from this subsection (c) of Section 5 in the event of a community -wide event of a temporary or seasonal nature. d. All on -site signs shall be shielded so that no portion of the primary light source of such sign is visible from adjoining property. e. No on -site sign or any portion thereof or illumination thereon shall be permitted to rotate, gyrate, blink or move in any animated fashion. f. On -site signs which emit smoke, noise or vibration are prohibited. Section 6. Other outdoor advertising devices: a. Outdoor devices used to advertise, other than on -site signs and outdoor advertising signs as defined in the Morro Bay Zoning Ordinance, are prohibited, including by way of illustration and not limitation, pennants, animated devices and salvage materials. Section 7. Conditional use permit required: Notwithstanding the foregoing, on -site signs which deviate from the foregoing requirements of this Ordinance may be erected, installed or constructed provided that a Conditional Use Permit be first ob- tained pursuant to rules and regulations to be adopted by Resolution of the City Council. Section 8. Violations a misdemeanor: Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Ordinance shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under this Ordinance No. 42 Page Four Ordinance shall be punishable by a fine of not more than $500.00 or by imprisonment in the City or County Jail for a period not exceeding six months or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Ordinance is committed, continued or permitted by such per- son and shall be punishable accordingly. Section 9. Violations a nuisance: In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this Ordinance shall be conclusively deemed to be, and is hereby declared to be, a public nuisance and may be summarily abated as such by the City. Every day such condition continues shall be re- garded as a new and separate offense. Section 10. Effective date: On February 8, 1966, the Morro Bay City Council passed and adopted Ordinance No. 35, "An Interim Ordinance Regulating The Installation, Erection or Construction Of Signs Within The City Of Morro Bay", as an urgency ordinance. Under the provisions of law, said Ordinance was adopted for a ninety (90) day period and at the conclusion of said ninety (90) days an interim ordinance could again be adopted for a twelve (12) month period. This ordinance is hereby declared to be an urgency measure required to protect the public safety, health and welfare, for the reasons hereinafter set forth, and shall take effect immediately upon its adoption. Ordinance No. 42 Page Five There is not now in existence within the City of Morro Bay any ordinance or regulation controlling the construction, erection or installation of on -site signs. The City Planning Commission, Planning Consultant and City staff are, in good faith and with diligence, conducting studies which will be concluded within a reasonable period of time which will result in a contem- plated zoning proposal regulating such signs. It is therefor necessary to adopt as an urgency measure this interim ordinance prohibiting the construction, erection or installation of on -site signs which may be in conflict with such contemplated zoning pro- posal. Passed and adopted by the City Council of the City of Morro Bay at a special meeting of the City Council held this 4th day of May, 1966, by the following roll call vote: AYES: Councilmen Bowen, Bickford, Mallery and Mayor Surfluh NOES: None ABSENT: Councilman Keiser 121011 .... ATTEST: l Q�� "Ai" C. TED WHITE, City Clerk Ordinance No. 42 Page Six CERTIFICATION OF CITY CLERK I. C. TED WHITE, City Clerk of the City of Morro Bay do here- by certify that the foregoing is a true and correct copy of Ordinance No. 42 passed by the City Council of the City of Morro Bay at a specia1meeting thereof held on the 4th day of May, 1966. Dated: City Clerk 1 ORDINANCE NO. 41 AN ORDINANCE AMENDING THE MORRO BAY MUNICIPAL CODE TO PROVIDE FOR SALARIES OF CITY COUNCIL, CITY CLERK AND CITY TREASURER The City Council of the City of Morro Bay does ordain as follows: Section 1. Section 1320 of the Morro Bay Municipal Code is hereby amended to read as follows: City Clerk. "City Clerk" is the City Clerk of the City of Morro Bay. Section 2. Section 2200 of the Morro Bay Municipal Code is amended to read as follows: Councilmen. Compensation. Commencing on April 19, 1966, each member of the Morro Bay City Council shall receive a salary in the amount of one hundred fifty dollars ($150. 00) per month. In addition to such salary, any councilman may be reimbursed for his actual and necessary expenses incurred in the performance of his official duty. Section 3. Section 2202 of the Municipal Code is amended to read as follows: City Treasurer. The City Treasurer shall receive a salary in the amount of $50.00 per month. Section 4. Section 2203 of the Municipal Code is amended to read as follows:. .. City Clerk. The City Clerk shall receive a salary in the amount of $1.00 per month. Section 5. This ordinance shall take effect thirty (30) days from the date of its adoption. Passed and adopted by the City Council of the City of Morro Bay at the meeting of said City Council held this 25th day of January , 1966, by the following roll call vote: AYES: COUNCILMEN Bowen, Crass, Payne, Zinn and Mayor Surfluh NOES: COUNCILMEN None ABSENT: None ADOPTED: January 25, 1966. ur u , ATTEST; 17 C. '1 ed White, City Clerk CERTIFICATION OF CITY CLERK I, C. Ted White, Clerk of the City of Morro Bay do hereby certify that the foregoing is a true and correct copy of Ordinance No. 41 passed by the City Council of the City of Morro Bay at a regular meeting thereof held on the 25th day of January , 196�. Dated: City Clark (SEAL) n 0 • ORDINANCE NO. 40 AN ORDINANCE AMENDING THE TEMPORARY ZONING MAP OF THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California The City Council of the City of Morro Bay does ordain as follows: Section 1. The Temporary Zoning Map of the City of Morro Bay, adopted, pursuant to Section 5101 of the Morro Bay Municipal Code shall be and is hereby amended as shown on the attached sheet marked Exhibit 'A', which is expressly referred to and incorporated herein as though fully set forth. 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 The Sun, a newspaper of general circulation published in 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 December , 1965, by the following roll call vote: AYES: Councilmen Bowen, Crass, Payne, Zinn and Mayor Surfluh NOES: None ABSENT: None 0 S. Surfluh,SAyor ATTEST: C. Ted White, City Clerk 0 ■ ■ ON ■■ ■ ■ ■■ " ■■ ■ WON ■-■_■ ■ ■ ",■ Lots 4, 5, 6, 13, 14 and 15, Block 2F, Atascadero Beach Subdivision. EXHIBIT 'A' ORDINANCE NO. 40 ORDINANCE NO. 39 AN ORDINANCE AMENDING THE TEMPORARY ZONING MAP OF THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California The City Council of the City of Morro Bay does ordain as follows: Section 1. The Temporary Zoning Map of the City of Morro Bay, adopted pursuant to Section 5101 of the Morro Bay Municipal Code shall be and is hereby amended as shown on the attached sheet marked Exhibit 'A', which is expressly referred to and incorporated herein as though fully set forth. 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 ordi- nance in The Sun, a newspaper of general circulation published in 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 December , 1965, by the following roll call vote: AYES: Councilmen Bowen, Crass, Payne, Zinn and Mayor Surfluh NOES: None ABSENT: None WS�.x--�L ATTEST: C. Ted White, City Cier C-1 \ j AVE. aPR-3 Tim to �� C- - R - 2 H R-3 t BERNARDO AVE. I .LOTS 23, 24, 25, 26 and 27 in Block 3 of Morro Heights, according to map of resubdivisions of Blocks 2 and 3 of Morro Heights recorded February 5, 1925, in Book 3, at page 52 of Maps. EXHIBIT. 'A' ORDINANCE NO. 39 ORDINANCE NO. 38 AN ORDINANCE AMENDING THE TEMPORARY ZONING MAP OF THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California The City Council of the City of Morro Bay does ordain as follows: Section 1. The Temporary Zoning Map of the City of Morro Bay, adopted pursuant to Section 5101 of the Morro Bay Municipal Code shall be and is hereby.amended as shown on the attached sheet marked Exhibit 'A', which is expressly referred to and incorporated herein as though fully set forth. Section 2. This Ordinance shall take effect and be in full force and effect thirty (30) days after its passage, and be- fore 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 The Sun, a newspaper of general circulation published in 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 23rd day of November, 1965, by the following roll call vote: AYES: Councilmen Bowen, Crass, Payne, Zinn and Mayor Surfluh NOES: None ABSENT: None S. C. ur Mayor ATTEST: C? �`. 9 e � _ C. fecWiite, City Clerk ORDINANCE NO. 38 PAGE TWO CERTIFICATION OF CITY CLERK I, C. Ted White, Clerk of the City of Morro Bay do hereby certify that the foregoing is a true and correct copy of Ordinance No. 38 passed by the City Council of the City of Morr�ay at a regular meeting thereof held on the 23rd day of November , 1965. Dated: (SEAL) 0 City Clerk ,0 N I NTH R-3_IF u 0 C-1 0 2 EIGHTH C- 2 F- NINTH S T. R-3 Lots 60, 63, 64, 67, 68, 71, 72, 75 and 76, Block 31, Atascadero Beach Subdivision EXHIBIT 'A' ORDINANCE NO. 38 ORDINANCE NO. 37 AN ORDINANCE CREATING AND ADDING DIVISION 8 TO PART II, CHAPTER I, TITLE IV OF THE MORRO BAY MUNICIPAL CODE (MARINE DOCKS AND STRUCTURES) THE CITY COUNCIL City of Morro Bay, California The City Council of the City of Morro Bay does ordain as follows: SECTION 1. There is hereby created Division 8 to Part II, Chapter I, Title IV of the Morro Bay Municipal Code. DIVISION 8 MARINE DOCKS AND STRUCTURES 4270. Floating Docks. The intent of this Division is to regulate floating docks and marina construction as defined here- in within the limits of the City of Morro Bay. The design and speci- fication criteria is in addition to all other City codes, ordinances and rules and regulations and is in addition to applicable laws or statutes of the United States or the State of California and to any applicable rule, regulation, or order of any State or Federal agency. 4271. Definitions. 1. Floating Dock - A moorage for boats, ships and sail- ing vessels supported by a bouyant method acceptable to this ordinance which may or may not be attached to land. For purposes of this ordinance, floating docks are further classified in this section as public floating docks and private floating docks limited to single family use. 2. Floating Marina - A moorage defined as a floating dock which has buildings or equipment and/or structures on it used for service to boats. ORDINANCE NO. 37 (MARINE DOCKS & STRUCTURES) PAGE TWO 4272 (a). Permits Required It shall be unlawful for any person to commence, or cause to be commenced, any construction of any floating dock or marina or other similar work governed by this Division 8 without having first obtained a permit evidencing approval of the City of Morro Bay Building Department of all con- struction plans, specifications and schematic and working drawings pursuant to which such structure is to be constructed, all as provid- ed in this division. After the issuance of such permit and approval of such plans and specifications and other documents, the construction of such approved structure or facility shall be in strict compliance with such approved plans, specifications and documents. (b). Application for Permit. The applicant for a permit for the construction of any floating dock or marina or other facility of a similar nature governed by this division shall submit to the Planning and Building Department of the City the following: (1) three copies each of the plot plan (including the parking layout), full construction plans and specifications, complete working drawings, schematic drawings of electrical and mechanical work, and other similar documents; (2) evidence that an encroachment permit has been obtained from the City of Morro Bay if the construction work is to be done on or abutting City property; (3) evidence that the applicant has the approval of the owner of the property over which the facility is to be located and the abutting land area to construct such facility; (4) evidence that the applicant has complied with all applicable statutes and laws of the United States, or the State of California, and with all applicable rules, regulations and orders of any State or Federal agency; (5) where the approval of any other City or County department or agency is required, evidence that such approval has been ORDINANCE NO. 37 (MARINE DOCKS & STRUCTURES) PAGE THREE obtained; (6) where the applicant seeks a permit for construction of a floating marina or any floating dock in excess of 400 sq. ft. in area or 50 ft. in length measured perpendicular to the shoreline, evidence that a licensed civil engineer has prepared the plans and specifications for the construction thereof; (7) the complete design criteria on which the plans and specifications for such facility are based, including the severity of the design wave action; and (8) any other information reasonably required by the Planning and Building Department in order to evaluate the proposed facility. 4273. Parking Requirements. 1. Commercial boat docking facilities require .75 parking stall for each mooring space and/or each 25 lineal feet of dock. 2. Parking requirements for commercial facilities housed in buildings (such as restaurants) which are used in conjunction with a marina or dock facility shall be the same as required by the present zoning ordinance adopted by City of Morro Bay. 3. All other parking shall conform to the standards establish- ed in the zoning ordinance. 4274. Safety Requirements. Fire fighting appliances and equipment shall be provided and maintained in an operable manner for all commercially operated marinas and dock facilities, as specified by ordinances of the City of Morro Bay and all installations shall be sub- ject to the approval of the Chief of the Fire Department. Domestic water service to any floating facility shall meet minimum requirements established by the Department of Public Works, and the County Health Department and such approval shall be made a part of the construction plans. ORDINANCE NO. 37 (MARINE DOCKS & STRUCTURES) PAGE FOUR All commercial piers, floats and docks used for loading of passengers shall be illuminated at a minimum 5 footcandle level for all such loading areas. All railings on floating facilities shall be designed for a minimum 20 lb lineal foot horizontal load applied at the top rail- ing. Minimum height of railing shall be 42 inches above adjacent floor level. 4275. Sanitary Requirements. Removal of sewage from floating facilities shall be subject to the approval of the Depart- ment of Public Works and the County Health Department and approval of the method of disposal desired shall be obtained at the time the construction plans are submitted. In addition to other sanitary requirements for buildings, all public floating docks or floating marinas shall have a minimum of 2 restroom facilities (one for male and one for female) for each 75 mooring spaces available. The maxi- mum walking distance from boat berth to restroom shall not exceed 400 feet. 4276. Construction Requirements. 1. Floating dock less than 2000 square feet (except private floating docks less than 400 square feet). Pier Width - 4'0" minimum Gang Way Width - 3'0" minimum Main Access Width - 6' for finger floats 35' or less in length. 8' for over 35' finger length or when main access float exceeds 3S0'. ORDINANCE NO. 37 (MARINE DOCKS $ STRUCTURES) PAGE FIVE Finger Float Width - 3' minimum for 30' or less in length. 4' minimum for over 30' in length. All docks shall be designed for boat moorage on at least one side of the boat unless otherwise approved by the building official. Guard rails shall be provided on all access piers and gangways and floats intended for gathering places such as food distribution areas and similar service areas. The clear water dimension between opposing rows of finger floats shall be a minimum of 1.75 times the length of the longest finger float. 2. Large floating docks (over 2000 square feet of float area). Pier Width - 810" minimum. Gang Way Width - 410" minimum. Fueling float or simi- lar service areas - 10' minimum width. Finger Floats - 4'0" minimum width. The clear water dimensions between opposing rows of finger floats shall be minimum of 2 times the length of the longest finger float. Guide piles shall be installed at ends of all fingers attached to outboard end of main access float and at all floats exceeding 3S' in length in ocean waters and inland waters not subject to fluctuation. Maximum spacing of guide piles for main floats shall be 401. Piles shall meet requirements of Uniform Building Code. ORDINANCE NO. 37 (MARINE DOCKS $ STRUCTURES) PAGE SIX 3. Small private floating docks (less than 400 square feet, etc.) shall meet flotation and anchorage re- quirements of this division. 4277. Materials (Except Private Floating? Docks). Flota- tion units shall be made of one of the following types of material; concrete, pressure molded fiber glass, reinforced plastic, or an expanded cellular plastic material coated with an approved material to prevent physical or chemical damage. Iron and steel parts shall be heavily galvanized or equally protected with a corrosion resistant coating. Deck surfaces may be either concrete, plastic or wood. Lumber shall be a minimum of 1 5/8" net thickness. Plywood shall be marine exterior of 3/4" minimum thickness slip finish. All surfaces shall have a non- All lumber shall receive a full cell process salt preservative treatment in accordance with the specifications of the American Wood Preservers Association. 4278. Flotation for all Floatine Docks. 1. Design Loads: All portions of facility shall be designed to resist full dead load plus live loads. All bouyant units shall resist full design loads with maximum 75% sub- mergence of unit. 2. Lateral Loads: All portions of facility shall be designed according to minimum requirements of Uniform Building Code. 3. Vehicular Loads: All portions of facility shall be designed in accordance ORDINANCE NO. 37 (MARINE DOCKS $ STRUCTURES) PAGE SEVEN with the standard specifications for highway bridges as adopted by the American Association of State.High- way Officials. 4. Finger Floats and Main Access Floats: The minimum design live load shall be 15 lb sq. ft. or a S00 lb concentrated load on one square foot at any location, whichever causes the worst condition. S. Fueling Floats and Similar Service Area Floats: The minimum design live load shall be 20 lb sq. ft. or a 500 lb concentrated load on one square foot at any location, whichever causes the worst condition. 4279. Gangway Design. Gangways shall be provided at the end of all main floats. Where the gangway rests on the main float, adequate width shall be provided at the main float to provide a clear width of 8' on one side or 4' on each side of the gangway to the edge of the main float. Gangways shall be designed for a live load of 50 lb sq. ft. minimum. Special float conditions may require a greater live load to be considered, subject to the approval of the building official. 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 The Sun, 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 14th day of December , 1965, by the following roll call vote: ORDINANCE NO. 37 (MARINE DOCKS & STRUCTURES) PAGE EIGHT AYES: Councilmen Bowen, Crass, Payne, Zinn and Mayor Surfluh NOES: None ABSENT: None 1 / 0MIATI ATTEST: 0 2✓Q C. Ted White, City Clerk CERTIFICATION OF CITY CLERK I, C. Ted White, Clerk of the City of Morro Bay do hereby certify that the foregoing is a true and correct copy of Ordinance No. 37 passed by the City Council of the City of Morro Bay at a regular meeting thereof held on the 14th day of December, 1965. Dated: City Clerk (SEAL) ORDINANCE NO. 36 AN ORDINANCE CREATING AND ADDING PART V TO CHAPTER I, TITLE IV OF THE MORRO BAY MUNICIPAL CODE (MOVING OF BUILDINGS) THE CITY COUNCIL City of Morro Bay, California The City Council of the City of Morro Bay does ordain as follows: SECTION 1. There is hereby created Part V to Chapter I, Title IV of the Morro Bay Municipal Code. PART V MOVING OF BUILDINGS 4500. Scope of Regulations. A person shall not re- locate on or move onto any premises or lot within the incorporat- ed area of the City of Morro Bay any building, house or other structure, except a contractor's tool house, construction build- ing or similar structure which is moved as construction requires, until he first obtains from the Planning and Building Depart- ment a permit for such moving, and a Building Permit for necessary and required alterations, repairs, and additions. Transit per- mits are required by both the City and the State for moving build- ings on public roads. 4501. Moving Application Form. Every application for a moving permit shall be in writing upon a form furnished by the Building Official and shall set forth such information as the Building Official may reasonably require in order to carry out the purpose of this Ordinance. 4502. Conditions Prohibiting Issuance of Permit. Except as otherwise provided in this Ordinance, the Building Official shall not issue a moving permit for any building or structure which: ORDINANCE NO. 36 MOVING OF BUILDINGS PAGE TWO 1. Is so constructed or in such condition as to be dangerous. 2. Is infected with pests or is unsanitary. 3. If it be a dwelling for habitation, is unfit for such use. 4. Is so dilapidated, defective, unsightly or in such condition of deterioration or disrepair that its relocation at the proposed site would cause appreciable harm to or be materially detrimental to the property or improvements in the district. 5. Is intended for a use which is prohibited by any Zoning Ordinance, Land Use or any other Ordinances. 6. If the structure is of a type prohibited at the proposed location by this or by any other law or Ordinance. 4503. Restorable Buildings Permitted. If the condi- tion of the building or structure in the judgment of the Building Official admits of practicable and effective repair he may issue a moving permit upon conditions as hereinafter provided. 4504. Investigations and Appeal. With respect to any application under this part, the Building Official may make or cause to be made any investigation which he believes necessary or helpful in order to carry out the purpose of this part, and he may petition to the City Council for instructions as to any matter involving any such application. 4505. Terms and Conditions of Permit. The Building Official shall grant or deny the application in compliance with this code unless a protest is filed as hereinafter provided. Prior to the issuance of a moving permit, the Building Official shall impose theron such terms and conditions as are necessary ORDINANCE NO. 36 MOVING OF BUILDINGS PAGE THREE to make the building or structure comply with all the require- ments of the Building Regulations of the City of Morro Bay, and may impose thereon such other terms and conditions as he may deem reasonable and proper, including, but not limited to the requirements of changes, alterations, additions or repairs to be made to or upon the building or structure, to the end that the moving thereof will not be materially detrimental or injurious to public health, safety or welfare or to the property and im- provements, or either, in the district to which it is to be moved. 4506. Form of Terms and Conditions. The terms and conditions upon which each permit is granted shall be written upon the application or appended in writing thereto. 4507. Moving Notice. When such application is filed with the required information, the Building Official shall cause Moving Notice Cards to be posted for fifteen (15) consecutive days upon the building or structure to be moved and at the pre- mises where the building or structure is to be moved. 4508. Time of Issuance. No permit shall be issued be- fore the expiration of fifteen (15) days from the date of the posting of the Moving Notice Cards. 4509. Protests Filed. Any protest against the moving of said building or structure shall be filed within fifteen (15) days of the posting of the Moving Notice Cards and shall be sign- ed by two (2) or more individual property owners of the surround- ing area, within one -thousand (1000') feet of the site. The applicant may protest the decision of the Building Official grant- ing or denying the application or imposing restrictions or condi- tions thereon within ten days of such decision of such Building Official. ORDINANCE NO. 36 MOVING OF BUILDINGS PAGE FOUR 4510 Place of Filing Any protest shall be in writ- ing and filed in the office of the Building Official of the City of Morro Bay. 4511. Forwarding of Protests. The Building Official shall cause such protest to be presented to the City Council of said City at the first regular meeting period. Upon said pro- test being received by the City Council, the Council may set a date for hearing the said protest, and the Council may appoint a committee, which said committee may consist partly or entirely of members of the Council or consist entirely of nonmembers of the Council, to investigate the protest and recommend to the City Council at such hearing whether or not said building or structure shall be moved. Notice of such hearing shall be pub- lished at least once in a newspaper of general circulation with- in the City at least ten (10) days prior to such hearing, or, in the alternative, the City Clerk may notify the applicant and all Protestants who have filed protests against such application by ordinary mail, addressed to the last known address of the appli- cant and such protestants as shown on the protests filed with the Building Official at least ten (10) days prior to said hear- ing. Such hearing may be continued from time to time at the discretion of the City Council. Within thirty (30) days after the close of such hearing, the City Council shall grant or deny such application. 4512. Term of Denial. In the event the City Council denys the application after notice and hearing, a second appli- cation to move the same building or structure to the same property and address shall not be applied for, nor permit granted therefor, ORDINANCE NO. 46 MOVING OF BUILDINGS PAGE FIVE within six (6) months from and after the date of the City Council's denial of the application to move said building or structure. 4513. Conditions and Terms of Council Action. In the event that the City Council grants the application after notice and hearing, the Building Official shall issue a permit therefor, subject to such terms and conditions as may be im- posed, providing all other requirements of this Ordinance have been fulfilled. 4514. Procedure for Moving Building: Posting of Bonds. The Building Official shall not issue a moving permit unless the owner of the building or a licensed contractor shall first post with the Building Official a bond executed by the permittee, as principal, and by a surety company authorized to do business in this State, as surety, or makes a deposit as hereafter provided. 4515. Terms of Bond. this Section shall: The surety bond required by I. Be in form joint and several. 2. Name the City of Morro Bay as obligee. 3. Be in the amount equal to the estimated cost plus ten percent (10%) of the work required to be done in order to comply with all the conditions of the moving permit, such estimate to be approved by the Building Official. 4516. Deposits Allowed. The deposit, if made in place of the surety bond, shall also be equal to the cost plus ten per- cent (10%) of such work. ORDINANCE NO. 36 MOVING OF BUILDINGS PAGE SIX 4517. Conditions of Permits Mandatory. Every bond posted and every deposit made pursuant to this Section shall be conditioned as follows: 1. That each and all of the terms and conditions of the moving permit shall be complied with.to the satisfaction of the Building Official. 2. That all of the work required to be done pursuant to the conditions of the moving permit shall be fully performed and completed within the time limit specified in the moving permit. If no time limit is specified, the work shall be completed within ninety (90) days after the date of this issuance of the moving permit. The time limits herein specified or the time limit specified in any permit issued within the provisions of this Section may be extended for good and sufficient cause, either before or after said time period has expired, by a written order of the Building Official. 4518. Termination of Bond The terms of each bond posted pursuant to this Section shall end upon the completion to the satisfaction of the Building Official of the performance of all the terms and conditions of the moving permit. 4519. Refunds. When a cash bond has been posted, the Building Official shall authorize the return of the cash to the depositor or to his successors or assigns upon the termination of the bond, except any portion thereof that may have been used or deducted as elsewhere in this Ordiance provided. ORDINANCE NO. 36 MOVING OF BUILDINGS PAGE SEVEN 4520. Default: Written Notice Issued. Whenever the Building Official finds that a default has occurred in the per- formance of any term or condition of any moving permit, he shall give written notice thereof to the principal and to the surety on the bond. Such notice shall be served upon the principal and the surety by depositing the same in the United States Mail, postage prepaid, addressed to the recipient at the last known address as shown by the records of the Building Official. Such notice shall be deemed to be given on the date such notice is so deposited in the United States Mail. 4521. Content of Notice. In a notice of default the Building Official shall state the work to be done, the estimated cost thereof, and the period of time deemed by him to be reason- ably necessary for the completion of such work. 4522. Required Performance. Within the time specified in the notice of default, the surety shall cause the required work to be performed. 4523. Work by Contract. If a cash bond has been post- ed, the Building Official shall give notice of default, as pro- vided above, to the principal, and if compliance is not had with- in the time specified, the Building Official shall proceed with- out delay and without further notice or proceeding whatever, to use the cash deposit or any portion of said deposit to cause the required work to be done by contract or otherwise in his dis- cretion. The balance, if any, of cash deposit, upon completion of the work, shall be returned to the depositor or to his success- ors or assigns after deducting the cost of the work plus ten per- cent (10%) thereof. 1 p.. .a ORDINANCE NO. 36 MOVING OF BUILDINGS PAGE EIGHT 4524. Inspection. The Building Official, the surety and the duly authorized representatives of either shall have access to the premises described in the moving permit for the purpose of inspecting the progress of the work. 4525. Completion by Surety. In the event of any de- fault in the performance of any term or condition of the moving permit, the surety or any person employed or engaged on its be- half or any persons employed or engaged on his behalf, may enter upon the premises to complete the required work or to remove the building or structure pursuant to the terms and conditions of the permit. 4526. Movine Permit Fee. 1. Before a permit is issued for the moving of a building or structure, a building permit shall be applied for and a fee therefor paid to the Plan- ning and Building Department in accordance with the fee schedules set forth in Section 4206. 1 2. In addition to the above building permit fees, an Iapplication fee shall accompany each application to cover costs of processing said application, 1 inspection of the building and premises, route Iapproval and other matters in connection there- with and said fee shall not be refunded in the event that said application is denied or is for any reason withdrawn. 3. Moving Application and Inspection Fees shall be as follows: (a) For moving a building or structure from one location to another location within the City ORDINANCE NO. 36 MOVING OF BUILDINGS PAGE NINE of Morro Bay shall be ten dollars ($10.00). (b) For moving a building or structure from an area outside of the City into the City of Morro Bay shall be twenty-five dollars ($25.00). 4. In the event that the building permit hereunder is denied or withdrawn, or for any other reason upon good cause shown, the Building Official may authorize a refund to the applicant of the building permit fees theretofore paid, provided, however, that the moving application and inspection fee shall not be refunded. S. Penalty Payments: Failure to obtain a permit in accordance with this Section before moving the build- ing shall cause a penalty of double fees to be assessed against the applicant or removal of the building or prosectuion of any violator as set forth in Title I of the Morro Bay Municipal Code or any combination of such penalties. Said penalty payments shall not relieve any persons from fully complying with other requirements of this Chapter. 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 The Sun, 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 January , 1966, by the following roll call vote: ORDINANCE NO. 36 MOVING OF BUILDINGS PAGE TEN AYES: Councilmen Bowen, Payne, Zinn and Mayor Surfluh NOES: None ABSENT: Councilman Crass ADOPTED: January 11, 1966 Surti r, mayor ATTEST: 0 Qu-��C. Te W ite, ity Clerk CERTIFICATION OF CITY CLERK I, C. Ted White, Clerk of the City of Morro Bay do hereby certify that the foregoing is a true and correct copy of Ordinance No. 36 passed by the City Council of the City o 4�orro Bay at a regular meeting thereof held on the llth day of January 1966. Dated: City ClerT (SEAL) ORDINANCE NO. 35 AN INTERIM ORDINANCE REGULATING THE INSTALLATION, ERECTION OR CONSTRUCTION OF SIGNS WITHIN THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California The City Council of the City of Morro Bay does ordain as follows: Section 1. Acts prohibited: No person, as defined in Section 1314 of the Municipal Code, shall erect, install or construct any sign within the City Limits of the City of Morro Bay except as here- inafter set forth in this ordinance. Section 2. Definitions: On -site signs as used herein shall mean signs pertaining to any use permitted in the district in which such sign is located and which sign is situated on the building in which such use is conducted or on the immediate site of such building, or on the actual area of the land occupied by such use. Section 3. On -site signs in commerical and industrial districts: C-1. C-2. M-1, M-2. H. L. and T zones): a. No on -site sign which exceeds forty eight square feet in aggregate area shall be erected, installed, or constructed in any commercial or industrial district within the City of Morro Bay. b. No portion of any on -site sign erected, installed or con- structed within any commerical or industrial district which is attached to a building shall be higher than the highest portion of the building to which such sign is attached. c. No portion of any detached or free-standing on -site sign erected, installed or constructed within any commerical or industrial district shall be higher than thirty five feet (35'). ORDINANCE NO. 35 PAGE TWO Section 4. On -site signs in apartment house residential districts: (R-3 and R-4): a. No on -site sign which exceeds twenty square feet in aggre- gate area shall be erected, installed, or constructed in any apartment house residential district. b. No portion of any on -site sign erected, installed or con- structed within any apartment house residential district which is attached to a building shall be higher than the highest portion of the building to which such sign is attached. c. No portion of any detached or free-standing on -site sign erected, installed or constructed within any apartment house residential district shall be higher than twenty feet. Section S. General Requirements. a. On -site signs shall be constructed in such manner so as not to obstruct any door, window or fire escape of any building. b. On -site signs shall not be suspended over or constructed or placed upon any portion of any public street or right- of—way except as hereinafter provided. C. Upon securing an encroachment permit, on -site signs may project into the sidewalk area of any public right-of-way to a maximum of twelve inches (12"), provided that the lowest portion of such sign shall be at least ten feet (10') above the finished grade of such public sidewalk area or right of way. The City Council may grant tempor- ary use permits allowing deviations from this subsection (c) of Section 5 in the event of a community wide event ORDINANCE NO. 35 PAGE THREE of a temporary or seasonal nature. d. All on -site signs shall be,shielded so that no portion of the primary light source of such sign is visible from adjoining property. e. No on -site sign or any portion thereof or illumination thereon shall be permitted to rotate, gyrate, blink or move in any animated fashion. f. On -site signs which emit smoke, noise or vibration are prohibited. Section 6. Other outdoor advertising devices: a. Outdoor devices used to advertise, other than on -site signs and outdoor advertising signs as defined in the Morro Bay Zoning Ordinance, are prohibited, including, by way of illustration and not limitation, pennants, animated devices and salvage materials. Section 7. Conditional use permit required: Notwithstanding the foregoing, on -site signs which deviate from the foregoing require- ments of this ordinance may be erected, installed or constructed pro- vided that a Conditional Use Permit be first obtained pursuant to the Morro Bay Zoning Ordinance. Section 8. Violations a misdemeanor: Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this ordinance shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under this ordinance shall be punish- able by a fine of not more than $500.00 or by imprisonment in the City or County jail for a period not exceeding six months or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any viola- tion of any provision of this ordinance is committed, continued or L �-A ORDINANCE NO. 35 PAGE FOUR permitted by such person and shall be punishable accordingly. Section 9. Violations a nuisance: In addition to the penal- ties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this ordinance shall be con- clusively deemed to be, and is hereby declared to be, a public nuisance and may be summarily abated as such by the City. Every day such con- dition continues shall be regarded as a new and separate offense. Section 10 Effective date: This ordinance is hereby declared to be an urgency measure required to protect the public safety, health and welfare, for the reasons hereinafter set forth, and shall take effect immediately upon its adoption. There is not now in existence within the City of Morro Bay any ordinance or regulation controlling the construction, erection or installation of on -site signs. The City Planning Commission, Planning Consultant and City staff are, in good faith and with diligence, con- ducting studies which will be concluded within a reasonable period of time which will result in a contemplated zoning proposal regulating such signs. It is therefore necessary to adopt as an urgency measure this interim ordinance prohibiting the construction, erection or in- stallation of on -site signs which may be in conflict with such con- templated zoning proposal. Passed and adopted by the City Council of the City of Morro Bay at a regular meeting of the City Council held this 8th day of February, 1966, by the following roll call vote: AYES: Councilmen Bowen, Crass, Payne and Mayor Surfluh NOES: None ABSENT: Councilman Zinn ATTEST: 0- -� 2 �Q267 C. Te W ite, City Clerk Mayor I F7 I . Surflur) 0 ORDINANCE NO. 35 PAGE FIVE CERTIFICATION OF CITY CLERK I, C. Ted White, Clerk of the City of Morro Bay do hereby certify that the foregoing is a true and correct copy of Ordinance No. 35 passed by the City Council of the City of Morro Bay at a regular meeting thereof held on the 8th day of February, 1966. Dated: City Clerk (SEAL) 0 ORDINANCE NO. 34 AN ORDINANCE AMENDING THE TEMPORARY ZONING MAP OF THE CITY OF MORRO BAY as follows: THE CITY COUNCIL City of Morro Bay, California The City Council of the City of Morro Bay does ordain Section 1. The Temporary Zoning Map of the City of Morro Bay, adopted pursuant to Section 5101 of the Morro Bay Municipal Code shall and is hereby amended as shown on the attached sheet marked Exhibit 'A', which is expressly referred to and incor- porated herein as though fully set forth. 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 (1S) days after the passage of this ordi- nance it shall be published once with the names of the members of the City Council voting for and against the ordinance in The Sun, a newspaper of general circulation published in 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 9th day of November 1965, by the following roll call vote: AYES: Councilmen Bowen, Crass, Zinn and Mayor Surfluh NOES: Councilman Payne ABSENT: None ATTEST: C. Ted White, City EXHIBIT 'A' ORDINANCE NO. 34 ORDINANCE NO. 34 Page 2 CERTIFICATION OF CITY CLERK I; C. Ted White, Clerk of the City of Morro Bay do hereby certify that the foregoing is a true and correct copy of Ordinance No. 34 passed by the City Council of the Cityy.of Morro Bay at a regular meeting thereof held on the 9th day of 'November 1965. Dated: November.10,. 1965 City Clerk (SEAL) ORDINANCE NO. 33 AN ORDINANCE CREATING CHAPTER II TO TITLE X OF THE MORRO BAY MUNICIPAL CODE CREATING AND ESTABLISHING FIRE ZONES THE CITY COUNCIL City of Morro Bay, California The City Council of the City of Morro Bay does ordain as follows: SECTION 1. Chapter II to Title X of the Morro Bay Muni- cipal Code entitled, 'Fire Zones' is hereby created as follows: 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, outlined and designated on that certain map known as 'Map No. 1 of Fire Zones of the City of Morro Bay', dated December, 1965, which is hereby adopted as the Fire Zone Map of the City of Morro Bay. 10202. Regulations Governine 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 ORDINANCE NO. 33 FIRE ZONES PAGE TWO 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. 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 The Sun, a newspaper of general circulation, published and circulated in the City of Morro Bay and thenceforth and there- after 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 December , 1965, by the following roll call vote: AYES: Councilmen Bowen, Crass, Payne, Zinn and Mayor Surfluh NOES: None ABSENT: None ATTEST: el. 6. Sur l,u Mayor C. Ted White, City Clerk ORDINANCE NO. 33 PAGE THREE_ CERTIFICATION OF CITY CLERK I, C. Ted White, Clerk of the City of Morro Bay do hereby certify that the foregoing is a true and correct copy of Ordinance No. 33 passed by the City Council of the City of Morr�ay at a regular meeting thereof held on the 14th day of December 196S. Dated: City Clerk (SEAL) as follows: ORDINANCE NO. 32 AN ORDINANCE CREATING CHAPTER IV, TITLE XI OF THE MORRO BAY MUNICIPAL CODE ENTITLED ABATEMENT OF ACCUMULATED WASTE MATERIAL 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 Section 1. Chapter IV to Title XI entitled "Abatement of Accumulated Waste Material" is hereby created. CHAPTER III - Abatement of Accumulated Waste Material 11400. Accumulated waste material, more commonly referred to as 'junk', is hereby defined as any old iron, wire, copper, tin, lead, rags, paper, bags, lumber, empty bottles, bones, parts of bicycles, tricycles, baby carriages, automobiles, and other vehicles, dismantled, in whole or in part, kept, stored, located, situated or piled in public view or in view of abutting properties, and all other similar personal property ordinarily defined and classified as accu- mulated waste material or 'junk', kept, stored, located, situated, or piled in public view or in view of abutting properties. 11401. Each and every person, who allows accumulated waste materials, or 'junk', as herein defined, to be stored, located, situated, or piled on property or premises over which he has control, which is not obscured from the view of occupants of adjoining property or by passers-by on public streets or ways, after reasonable notice, but in no event less than ten (10) days, is served upon him in writing by the Police Department of the City of Morro Bay, either remove said accumulated waste material, or 'junk', or obscure the same from the view of occupants of adjoining property or passers-by on public streets or ways, and upon failure to do so, shall be guilty of a misdemeanor, and the continued existence of such condition shall be deemed a separate and distinct offense for each and every day that said condition ORDINANCE NO. 32 ACCUMULATED WASTE MATERIAL PAGE TWO continues to exist after the time stated in said notice; and it shall be the duty of the City to prosecute said violations until said condition is abated, fenced or removed. 11402. For the purposes of this ordinance, the person or persons in possession of the premises, or, if the premises are vacant, the person or persons whose names are shown on the last assessment roll of the County of San Luis Obispo, or alternatively, from such other listing of the County Assessor or Tax Collector as may contain more recent names and addresses which, in the opinion of the City Council, shall be deemed to be the person or persons having control of the property. Section 2. This ordinance shall take effect thirty (30) days after the date of its adoption, and prior to the expira- tion of fifteen (15) days from the passage thereof shall be published once in The Sun, 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 9th day of November , 1965, by the following roll call vote: AYES: Councilmen Bowen, Crass, Payne, Zinn and Mayor Surfluh. NOES: None ABSENT: None ATTEST: C. lect White, City Clerk ,A'. 1 . r /133 . . ORDINANCE NO. 31 AN ORDINANCE CREATING CHAPTER III TO TITLE XI ENTITLED DELINQUENCY PREVENTION THE CITY COUNCIL City of Morro Bay, California The City Council of the City of Morro Bay does ordain as follows: SECTION 1. Chapter III to Title XI of the Morro Bay Municipal Code entitled 'Delinquency Prevention' is hereby created as follows: CHAPTER III - DELINQUENCY PREVENTION 11300. Every person under the age of eighteen (18) years who loiters in or about any public street or other public place or any place open to the public in the City of Morro Bay, between the hour of 10:00 o'clock P.M. and the time of sunrise of the following day when not accompanied by his parent, guardian or other adult person having the legal care, custody or control of such person, or spouse of such person over twenty-one (21) years of age, is guilty of a misdemeanor. 11301. Every parent, guardian, or other person having the legal care, custody or control of any person under the age of eighteen (18) years who permits such person to violate any pro- visions of this ordinance is guilty of a misdemeanor. 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. This ordinance is required for the immediate preservation of the public peace, health and safety. The events of past years during this particular season indicates the need for an effective means of regulating the presence of minors under the age of eighteen (18) years on the public streets and other public places between ORDINANCE NO. 31. DELINQUENCY PREVENTION PAGE TWO certain hours. Damage of public and private property from the activities of minors during the late evening hours will be substantially decreased by the adoption of this ordinance and the City Council hereby determines that it is necessary, under the provisions of Section 36937 of the Government Code of the State of California, 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 26th day of October , 1965, by the following roll call vote: AYES: Councilmen Bowen, Crass, Payne and Mayor Surfluh NOES: None ABSENT: Councilman Zinn ATTEST: Ted White, City Clerk— (SEAL) iy , mayor CERTIFICATION OF CITY CLERK I, C. Ted White, City Clerk of the City of. Morro Bay do hereby certify that the foregoing is a true and correct copy of Ordinance No. 31 , passed by the City Council of the City—o-F —Morro Bay at a regular meeting thereof held on the26th day of October , 1965. Dated: City Clerk ORDINANCE NO. 30 ORDINANCE EXTENDING THE MORRO BAY TEMPORARY INTERIM ZONING ORDINANCE AND MAP FOR AN ADDITIONAL YEAR THE CITY COUNCIL City of Morro Bay, California The City Council of the City of Morro Bay does ordain as follows: Section 1. The temporary interim zoning ordinance of the City of Morro Bay adopted on October 6, 1964, as Section 5100 of the Morro Bay Municipal Code, as the same may have been amended from time to time by the City Council, is hereby extended for an additional one year period, to and including October 5, 1966. Section 2. The temporary interim zoning map of the City of Morro Bay adopted on October 6, 1964, as Section 5101 of the Morro Bay Municipal Code, as the same may have been amended from time to time by the City Council, is hereby extended for an additional one year period, to and including October 5, 1966. Section 3. Sections 5100 and 5101 of the Municipal Code, adopted on October 6, 1964, will expire on October 6, 1965, unless renewed for an additional one year period by ordinance. It is therefore necessary, and the City Council hereby determines that it is necessary for the immediate preservation of the public peace, health and safety to enact this ordinance as an urgency ordinance which shall take effect immediately upon its adoption. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a special meeting of said City Council held this Sth day of October, 1965, by the following roll call vote; AYES: Councilmen Bowen, Crass, Payne, Zinn and Mayor Surfluh NOES: None ABSENT: None C)\ J. ur u ayor ATTEST: C. J ect W nite, City Cierk ORDINANCE NO. 29 ORDINANCE PROHIBITING USE OF CERTAIN CITY STREETS BY CERTAIN VEHICLES THE CITY COUNCIL City of Morro Bay, California T he City Council of the City of Morro Bay does ordain as follows: Section 1. Except as hereinafter provided in Section 2, it shall be unlawful for any person to operate any vehicle containing or carrying a compartment designed or used as temporary or permanent living quarters for human occupancy, or to pull or tow any trailer designed or used as temporary or permanent living quarters for human occupancy, over, across or upon any portion or portions of the streets designated in Exhibit "A", which is attached hereto and hereby made a part of this ordinance. Section 2. Upon application by any person residing on any street or portion of any street set forth in Exhibit "A", the City Administrator shall issue.to such person an individual use permit, granting to such permittee, the members of his household and his agents and employees, the right to operate or tow the vehicles or trailers particularly described in such use permit over, upon and across the streets designated in Exhibit "A". The provisions of Section 1 of this ordinance shall not apply to any person operating or towing any vehicle or trailer pursuant to such individual use permit. Section 3. Any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor, and shall be punishable by a fine of not more than $500.00 or by imprisonment for a period not exceeding six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of this ordinance is committed, continued or permitted by such person. Section 4. If any section, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, such final decision shall not effect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, phrases or portions be declared invalid or unconstitutional. Section 5. This ordinance shall be in full force and effect thirty (30) days after the date of its adoption. Passed and adopted by the City Council of the City of Morro Bay at the meeting of said City Council held this 2 6th day of Gctober 1965, by the following roll call vote: AYES: Councilmen Bowen, Crass, Payne and Pfayor Surf luh NOES: Councilmen None ABSENT: Councilman Zinn Suttlun,yor ATTEST: C. 'red White, City Clerk Page 2 EXHIBIT "A" TO ORDINANCE NO. 29 STREETS AND PORTION OF STREETS AFFECTED BY USE RESTRICTIONS OF ORDINANCE NO. 29 Verdon Rennel Sienna Sicily Andros Trinidad Bali Tahiti Capri Vashon Damar Whidbey Easter Terra Formosa Beachcomber Gilbert Oceanside Hatteras Driftwood Island Sandlewood, except for the portion of Sandlewood between Azure Street Java and Indigo Street Kodiak Coral Luzon Azure, except that portion of Azure Street lying westerly of Sandlewood Mindoro Street Oahu Nassau Street Orcas Nassau Court Panay EXHIBIT "A" ORDINANCE NO. 28 AN ORDINANCE OF THE CITY OF MORRO BAY PROVIDING FOR THE GRANTING OF AN EXCLUSIVE FRANCHISE FOR A COMMUNITY ANTENNA TELEVISION SYSTEM IN THE CITY OF MORRO BAY TO CENTRAL CALIFORNIA COMMUNICATIONS CORPORATION AND PROVIDING TERMS AND CONDITIONS FOR THE OPERATION OF SUCH COMMUNITY ANTENNA TELEVISION SYSTEM AND FEES THEREFOR THE CITY COUNCIL OF THE CITY OF MORRO BAY DOES ORDAIN AS FOLLOWS: SECTION 1. DEFINITIONS: For the purpose of this ordinance, the following terms, phrases, words and their derivation shall have the meaning given herein: (a) "CITY": The City of Morro Bay, a municipal corporation of the State of California, in its present incorporated form or in any later recognized, consolidated, enlarged or reincorporated form. (b) "COUNCIL": The present governing body of the City or any future board constituting the legislative body of the City. (c) "GRANTEE": Central California Communications Corporation, a California Corporation. (d) "STREET": The surface of, and the space above and below, any public street, road, highway, freeway, land, alley, court, sidewalk, parkway, or drive, now or hereafter existing as such within the City. (e) "COMMUNITY ANTENNA TELEVISION SYSTEM" (hereinafter referred to as "CATV"): Coaxial cables, wave guides, or other conductors and equipment for providing television service by cable or through its facilities as herein contemplated. CATV shall not mean or include the transmission of any special program or even in the manner commonly known or referred to as "pay television" transmission. (f) "SUBSCRIBERS": Any person or entity receiving for any purpose the CATV service of the Grantee herein. (g) "GROSS ANNUAL RECEIPTS": Any and all compensation and -1- other consideration in any form whatever and any contributing grant or subsidy received directly or indirectly from subscribers or users in payment for television signals received within the City, or otherwise derived from the use of the franchise, provided, however, that the term "Gross Annual Receipts" shall not include taxes on services furnished by Grantee which are or may be imposed directly upon any subscriber by any City, State or other governmental entity and collected by Grantee for such entity. SECTION 2. GRANT OF FRANCHISE: An exclusive franchise is hereby granted to Grantee, subject to the terms and conditions set forth herein, to engage in the business of operating and providing a CATV system in the City of Morro Bay and for that purpose to erect, install, construct, repair, replace, reconstruct, maintain and retain in, on, over, under, upon, across and along any public street such poles, wires, cable, conductors, ducts, conduit, vaults, manholes, amplifiers, appliances, attachments, and other property as may be necessary and appurtenant to the CATV system and so to use, operate and provide similar facilities or properties rented or leased from a public utility franchised or permitted to do business in the City of Morro Bay, and to charge subscribers for CATV service the fees and rates approved by the Council as hereinafter provided. SECTION 3. DURATION OF FRANCHISE: The franchise granted by the City Council under this ordinance shall be for a term of twenty (20) years following the date ofacceptance of such franchise by Grantee. This franchise may be terminated prior to its date of expiration by the City Council in the event that said Council shall have found, after notice and public hearing, that (a) Grantee has failed to comply with any provision of this ordinance, or has, by act or omission, violated any term or condition of the franchise or any permit issued pursuant to this franchise; or (b) any provision of this ordinance has become invalid or unenforceable and the Council further finds that such provision constitutes a consideration -2- material to the grant of said franchise; or (c) Grantee has failed or 1 refused to obtain or maintain in force any Federal or State license, permit or other authorization which is now or may hereafter become a condition for the lawful installation or operation of a CATV system; provided, however, that Grantee shall be given at least thirty (30) days notice of any proposed termination proceedings. SECTION 4, FRANCHISE PAYMENT: (a) Grantee shall, during the term of its franchise, pay to the City in lawful money of the United States, two percent (21o) of the gross annual receipts collected or received in each calendar year, or portion thereof. (b) The Grantee shall file with the City, within thirty (30) days after the first day of each calendar year during which such franchise is in force, a financial statement, prepared by a certified public accountant, showing in detail the total gross receipts, as defined herein, of Grantee for the preceeding calendar year or portion thereof during which this franchise was in force, (c) Payment of two percent (21o) of the gross annual receipts, as defined herein, shall be made within fifteen (15) days after the time required for filing the annual financial statement. (d) The franchise payment herein provided for shall be in lieu of any business.license fee required to be paid under the provisions of the Morro Bay Municipal Code, (e) The City shall have the right to inspect, at all reasonable times, by any of its officers or agents, all of Grantee's books and records which in City's opinion are reasonably necessary to verify the amounts due or paid to City under this franchise. SECTION 5. LIMITATIONS OF FRANCHISE: (a) No privilege or exemption is granted or conferred by this franchise except those specifically prescribed herein, (b) Any privilege claimed under this franchise by Grantee in any -3- L street, or other public property, shall be subordinate to any prior lawful occupancy of the streets, or other public property. (c) This franchise shall be a privilege to be held in personal trust by the Grantee. It cannot in any event be sold, transferred, leased, assigned or disposed of, in whole or in part, either by forced or involuntary sale, or by voluntary sale, merger, consolidation or other- wise, without prior consent of the City Council of the City expressed by ordinance, and then only under such conditions as may be therein prescribed. The said consent of the City may not be arbitrarily refused; provided, however, the proposed assignee must show financial responsibility in a manner satisfactory to City and must agree to comply with all provisions of this ordinance; and provided, further, that no such consent shall be required for a transfer of trust, mortgage or other hypothecation as a whole, to secure an indebtedness. Should the Grantee be adjudicated a bankrupt or become insolvent, or seek the benefits of any law now or hereafter in effect during the term of the franchise for the financial relief of debtors, the Council may, at its election, and notwithstanding the provisions of Section 3 hereof, immediately terminate all rights granted by this franchise upon service upon Grantee often (10) days written notice of such termination by registered or certified mail. (d) Grantee shall have no recourse whatsoever against the City for any loss, cost, expense, or damage, arising out of any provisions or require- ments of this ordinance or its enforcement. In the event any action is instituted by the City against Grantee, or by Grantee against the City, arising out of any of the terms and conditions of this franchise, in which judgment is rendered in favor of the City, Grantee shall pay the City's reasonable attorneys fees and costs of such action. (e) Grantee is subject to all requirements of the City ordinances, rules, regulations and specifications of the City heretofore or hereafter enacted or established including, but not limited to, those concerning street work, street excavations, use, and removal and relocation of property within a street. - 4. - 0 0 SECTION 6. RIGHTS RESERVED TO THE CITY: There is hereby reserved to the City every right and power not inconsistent with the terms of the franchise, or which is required to be herein reserved or provided by any ordinance of the City, and the Grantee, by its acceptance of this franchise, agrees to be bound thereby and to comply with any action or requirements of the City in its exercise of such rights or powers heretofore or hereafter conferred, enacted or established. SECTION 7. LOCATION OF GRANTEE'S PROPERTIES: (a) Any poles, wires, cable lines, conduits or other properties of the Grantee to be constructed or installed in streets or other public property under this franchise shall be so constructed or installed only at such locations and in such manner as shall be approved in advance by the Director of Public Works of the City acting in the exercise of his reasonable discretion. (b) Grantee shall not install or erect any facilities or apparatus on streets, or other public property within the City (except those installed or erected upon public utility facilities now existing), without the prior written approval of the Director of Public Works and, if required, the Department of Public Works of the State of California. (c) In those areas and portions of the City where both the transmission and distribution facilities of the public utility providing telephone service and those of the utility providing electric service, are underground or hereafter may be placed underground, then the Grantee shall likewise construct, operate, and maintain all of its transmission and distribution facilities .. underground. Amplifiers in Grantee's transmission and distribution lines may be in concrete boxes or vaults upon the surface of the ground. SECTION 8. REMOVAL OR ABANDONMENT OF PROPERTY OF GRANTEE: (a) In the event that the use of any part of the CATV system is discontinued for any reason for a continuous period of twelve (12) months, or in the event such system or property has been installed in any -5- street or public place without complying with the requirements of this franchise, or in the event that this franchise has been terminated, cancelled or has expired, the Grantee shall, promptly upon being given notice, remove from the streets or public places within City all of Grantees property and poles of such system other than that which the Director of Public Works may in his discretion permit to be abandoned in such place. Immediately after any such removal, the Grantee shall promptly restore the street or other area. -from which such property was removed to a condition satisfactory to the Director of Public Works. SECTION 9. CHANGE REQUIRED BY PUBLIC IMPROVEMENTS: Grantee shall, at no expense to City, protect, support, temporarily disconnect or relocate any property of the Grantee when required by the Department of Public Works by reason of traffic conditions, public safety, street vacation, freeway and street construction, change or establishment of street grade, installation of sewers, drains, water pipes, power lines, signal lines, and tracks or any other type of structures or improvements, provided, however, the Grantee may abandon any such property in place, with the permission of the Director of Public Works, as provided in Section 8 hereof. SECTION 10. FAILURE TO PERFORM STREET WORK: Upon failure of the Grantee to complete any work required by law or by the provisions of this ordinance to be done in any street, within the time prescribed, and to the satisfaction of the City Director of Public Works, the City Director of Public Works may cause such work to be done and the Grantee shall pay to the City the cost thereof in the itemized amounts reported by the Director of Public Works to the Grantee, within thirty (30) days after receipt of such itemized report. SECTION 11. CATV INSTALLATION SHIELDING: The Grantee shall at all times during the term of this franchise, at its own cost and expense, properly and in a good workmanline manner, install and maintain adequate shielding, filtering and grounding at affected installations within ME the CATV system to eliminate television interference encountered from fundamental frequency overload by radio amateur transmissions which are in compliance with Federal Communications Commission regulations. SECTION 12. FAITHFUL PERFORMANCE BOND: (a) The Grantee shall, concurrently with the filing of and acceptance of award of this franchise, file with the City Clerk, and at all times thereafter maintain in full force and effect for the term of such franchise, at Grantee's sole expense, a corporate surety bond in a company approved by, and in a form to be approved by the City Attorney, in the amount of $10, 000. 00, renewable annually, and conditioned upon the faithful performance of Grantee, and upon the further condition that in the event Grantee shall fail to comply with any one or more of the provisions of this franchise, there shall be recoverable jointly and severally from the principal and surety of such bond any damages or loss suffered by the City as a result thereof, including the full amount of any compensation, indemnification, or cost of removal or abandonment of any property of the Grantee as prescribed herein which may be in default, plus a reasonable allowance for attorneys fees and costs, up to the full amount of the bond; said condition to be a continuing obligation for the duration of such franchise and thereafter until the Grantee has liquidated all of its obligations with the City that may have arisen from the acceptance of said franchise by the Grantee or from its exercise of any privilege therein granted. The bond shall provide that thirty.(30) days prior written notice of intention not to renew, cancellation, or material change, be given to the City. (b) Neither the provisions of this section, any bond accepted by the City pursuant thereto, nor any damages recovered by the City thereunder, shall be construed to excuse faithful performance by the Grantee or limit the liability of the Grantee under this franchise or for damages, either to the full amount of the bond or otherwise. SECTION 13. INDEMNIFICATION OF THE CITY: (a) The Grantee shall, at all times during the existence of this -7- franchise, maintain in full force and effect, furnish to the City, and file with the Council of the City of Morro Bay, at its own cost and expense, a general comprehensive liability insurance policy, in protection of the City of Morro Bay, its officers, boards, commissions, agents and employees, in a company approved by and in a form satisfactory to the City Attorney, protecting the City and all persons against liability for loss or damage for personal injury, death, and property damage, occasioned by the operations of Grantee under this franchise, with minimum liability limits of $100, 000 for personal injury or death of any one person and $300, 000 for personal injury or death of two or more persons in any one occurrence, and $50, 000 for damage to property resulting from any one occurrence. (b) The policies mentioned in the foregoing paragraph shall name the City of Morro Bay, its officers, boards, commissions, agents and employees, as additional insureds and shall contain a provision that a written notice of any cancellation or reduction in coverage of said policy shall be delivered to the City thirty (30) days in advance of the effective date thereof; if such insuranceAs provided in either case by a policy which also covers Grantee or any other entity or person than the above -named, then such policy shall contain a cross -liability endorsement in a form approved by the City Attorney. (c) This franchise shall not be effective unless and until each of the foregoing policies of the insurance as required in this section have been delivered to the City. (d) By accepting this franchise Grantee agrees to save and hold harmless the City of Morro Bay, its officers, boards, commissions, agents and employees from any and all claims, costs, demands, causes of action, suits, loss, expense or other detriment or liability including defense of any action arising from or out of the operations of the Grantee under this franchise, or on account of any failure of or defect in the service rendered by the Grantee to its subscribers, from any cause whatsoever. we i C1 SECTION 14. CHARGES TO SUBSCRIBERS: The maximum allowable charges and rates which may be charged or collected by Grantee from any subscriber are set forth in Exhibit "A" which is attached hereto and hereby made a part of this franchise. The charges and rates set forth in Exhibit "A" hereto shall not be increased except upon a showing before the City Council and a finding by such City Council that such increase is justified. SECTION 15. INSPECTION OF PROPERTY AND RECORDS: At all reasonable times, the Grantee shall permit any duly authorized representative of the City to examine all property of the Grantee, together with any appurtenant property of the Grantee situated within or without the - 9. - City, and to examine and transcribe any and all maps and other records kept or maintained by the Grantee or under its control which deal with the operations, affairs, transactions or property of the Grantee with respect thereto. The Grantee shall, at all times, make and keep in the City full and complete plans and records showing the exact location of all CATV system equipment installed or in use in streets, alleys and public places in the City. Promptly upon acceptance of this franchise, Grantee shall file with the Director .of., Public Works of City a current map or set of maps drawn to a scale designated or approved by the City Director of Public Works showing all CATV system equipment heretofore installed in City and now existing. Thereafter, the Grantee shall file with the Director of Public Works, on or before the last day of March of each year, a current map or set of maps drawn to scale to be designated by the Director of Public Works, showing all CATV system equipment installed in streets, alleys and public places of the City during the previous year. SECTION 1,6. OPERATIONAL STANDARDS: The CATV system shall be installed and maintained in accordance with the highest and best accepted standards of the industry to the effect that subscribers shall receive the highest possible service. In determining the satisfactory extent of such standards the following will apply: (a) The system shall be installed using all band equipment capable of passing the entire VHF and FM spectrum, and it shall have the further capability of converting UHF for distribution to subscribers on the VHF band. (b) The system, as installed, shall be capable of passing standard color TV signals without the introduction of noticeable effects on color fidelity and intelligence. (c) The system and all equipment shall be designed and rated for 24-hour per day continuous operation. (d) The system shall provide a signal level of 2000 microvolts at the input terminals of each TV receiver. The picture should be free of ghosting, multi -path and man-made interference. -10- (e) The system signal-to-noise ratio shall be not less than 46 decibels. (f) Hum modulation of the picture signal shall be less than 5%. (g) The system shall use components having VSWR of. 1. 4 or less. (h) In the event the Council determines that the quality of service being rendered by the Grantee is lower than that rendered by comparable systems delivering service,in the State of California, the Grantee, upon written notice from the Council, shall, with due diligence, take whatever action is necessary to bring its service up to such standards. SECTION 17. MISCELLANEOUS PROVISIONS: (a) All matters herein provided to be filed with the City shall be filed with the City Clerk. (b) In the event the Public Utilities Commission of the State of California or the Federal Communications Commission takes exclusive jurisdiction over the operations and rates of the Grantee, then the authority of the City to approve rates and charges shall cease. (c) The Grantee shall maintain an office within the City limits of Morro Bay so that CATV maintenance service shall be promptly available to subscribers upon telephone request during all hours that the Grantee is transmitting signals to subscribers. (d) The Grantee shall not engage directly or indirectly in the business of sellling television or other receivers which make use of signals transmitted by its system, nor shall the Grantee engage in the repair of such receivers or the sale of parts for the same. If the Grantee is a corporation, partnership, or other association of natural persons, this prohibition shall likewise apply to the officers, directors and employees of the Grantee, to any general or limited partner of Grantee, and to any person or combination of persons who own, hold, or control more than 516 of the corporate stock or other evidence of ownership of the Grantee, and shall likewise apply to any affiliated or subsidiary corporation owned or controlled by the Grantee or by its officers, directors or stockholders, and -11- shall likewise apply to any corporation or entity which acts in the capacity of a holding company or controlling company of the Grantee. (e) The Grantee shall pay to the City a sum of money sufficient to reimburse it for expenses incurred by it in publishing legal notices and ordinances in connection with the granting, amendment or'Aermination of this franchise and such payments shall be made within thirty (30) days after the receipt by Grantee of City's written statement of such expense. SECTION 18. FREE SERVICE: The Grantee shall provide free of charge one service drop and CATV service for all public and non-profit private schools, city hall, city police and fire stations, city recreation centers and church recreation room provided such locations are passed by transmission cable maintained for the service of paying subscribers. SECTION 19. FRANCHISE RENEWAL: This franchise is renewable at the application of the Grantee for such period of time and at such return to the City and on such terms and conditions as the Council and Grantee may agree upon by negotiation. SECTION 20. SEVERABILITY: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held illegal, invalid or unconstitutional, such holding shall not affect the validity of this ordinance or any of the remaining portions thereof. SECTION 21. This ordinance shall take effect thirty (30) days after the date of its adoption, and prior to the expiration of fifteen (15) days from the passage thereof shall be published at least two times in The Sun, 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 14th day of September, 1965, by the following roll call vote; AYES: Councilmen Bowen, Crass, Payne, Zinn and Mayor Surf luh NOES: None ABSENT: None iviaylor ATTEST: (.r�4 ), � V v rty er -12- Si(CHIE➢DIIJILIE OF 11RAYIESi AM D (CHHAIRGIESi 1. Definitions: Household: Includes all single dwelling units, apartments, each unit of duplexes, triplexes, quadruplexes. (Bars, restaurants, TV dealers, TV service shops and individual professional offices are considered the same as household.) Commercial: Includes motels, hotels, mobile home parks, all multiple dwellings and other business establishments where one billing is made out to the owner for service to five or more single -occupant units. 2. Installation and Service Charges: Installation (a) New Installations Charges Service Charges Commercial $11.95 $4.75 Household 11.95 4.75 (b) Additional Outlets Commercial 5.00 2. 00 each additional Household 5.00 1. 00 each additional 3. Relocation Charges (a) Subscriber relocating residence to an uncabled house $7. 50 (b) Subscriber relocating residence to cabled house with existing outlet unchanged 5. 00 (c) Relocating subscriber's outlet - same residence - Material plus labor at $5.00 per hour, $2..50 minimum. 4. Additional Charges. For unusual circumstances, such as under- ground cable or more than 150 feet of distance from cable to connection of subscribers, changes will be made on a time and material basis. 5. Time of Payment, Disconnections for Delinquent Payments. All installation charges and monthly service charges are payable in advance. Service charges, relocation and additional charges become delinquent twenty (20) days after billing date. Service may be discontinued at any time thereafter by Grantee for non-payment. Charge for reconnecting -1- EXHIBIT "A" non -pay disconnect is $5. 00. Before service is connected for a subscriber who has been disconnected for non-payment, all past -due accounts must be paid in full, plus one month's service charge must be paid in advance, in addition to the $5. 00 reconnect charge. -2- EXHIBIT "A" ORDINANCE NO. 27 AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE FISCAL YEAR 1965-66 THE CITY COUNCIL 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, Fiscal Year 19-1966", dated July 13, 1965, formerly approved and adopted as the Preliminary Budget on June 26, 1965, is hereby approved and adopted as the Final Budget for Expenditures for the City of Morro Bay for Fiscal Year 1965-1966. Section 2. This ordinance is being enacted to take effect immediately i— n accordance with Section 36937 of the Government Code of California. A City is required to make, from time to time, a variety of expenditures in order to provide day to day services 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 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 immediate preservation of the public peace, health. or safety, and that this ordinance shall therefore 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 27th day of July, 1965, by the following roll call vote; AYES: Councilmen Bowen, Crass, Payne, Zinn and Mayor Surfluh NOES: None ABSENT: None Surfluh, 7yor ATTEST: C. Ted White, City Clerk 46 ORDINANCE NO. 26 AN ORDINANCE CREATING CHAPTER II TO TITLE X1 OF THE MORRO BAY MUNICIPAL CODE ENTITLED ABATEMENT OF WEEDS. THE CITY COUNCIL City of Morro Bay, California The City Council of the City of Morro Bay does ordain as follows: Section 1. Chapter II to Title Xl entitled " Abatement of Weeds" - is hereby created. CHAPTER II - Abatement of Weeds 11200.Definition "Weeds", as used in this chapter, means all weeds growing upon or adjacent to streets, sidewalks or private property in the City of Morro Bay and includes any or the following: (a) Weeds which bear seeds of a downy or wingy nature. (b) Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved 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. 11201. Weeds, Notice to Remove Whenever the Fire Chief or his authorized representative shall find weeds, rubbish or similar material upon any property, lands or lots in the City which, in his opinion, may become a fire hazard, en- danger or injure neighboring property, or be detrimental to the health or welfare of the residents of the vicihity of such property, lands or lots, he shall cause to be given to the owner of said property a notice to remove such weeds, rubbish or other material which may consti- tute a fire hazard or public nuisance in the manner hereinafter pro- vided in this part. 11202. Posting The Fire Chief, on or after the first day of January of each year, shall cause such notice to be posted in a conspicuous place upon the property, land or lot upon which such weeds, rubbish or similar material are found a notice headed, "Notice to Clean Premises'' in letters not less than one inch (111) in height, and which shall in legible characters direct the removal of the weeds,rubbish or similar material, as the case may be, and refer to this part for further particu- lars. In addition to posting, written notice may be sent to the property owner shown on the last assessment roll. 11203. Appeal Within ten (10) days of the date of posting such notice, as provided in Section 11202, the owner of any property, land or lot PAGE 2 affected by such notice, or his duly authorized agent, may appeal to the City Council from the requirenents thereof. Such appeal shall be in writing and shall be filed with the City Clerk. At the next regular or special meeting of the Council it shall proceed to hear and pass upon such appeal and its decision thereupon shall be final and conclusive. 11204. Removal of Weeds Unless within ten (10) days from the date 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 sus- tained, 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 re- moved 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. 11205. Record of Removal Expense The City Fire Chief shall maintain in his office a permanent record showing the description of each piece of property or lot from which weeds, rubbish or other material are ordered to be re- moved under the provisions of this part, the name of the owner there- of, if known, and in case of appeal, a record of the date of the determination of the Council, and a record of the expenses incurred in connection with the removal of such weeds, rubbish or similar mater- ial from each parcel. 11206. Annual Notice. Aggrieved Person Between the 1st and loth day of July 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 July 1st, may file an appeal with the City Clerk prior to the first Council meeting in August. The notice shall be published for three (3) successive times in a daily newspaper published in the City. Such appeal shall be in writing and shall be filed with the City Clerk prior to the meeting of the Council held on the first Tuesday in August, at which time the Council shall pro- ceed 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 therwith. PAGE 3 11207. Record of Collection or Charge From time to time, but not later than the 1st day of August of each year, the Fire Chief shall deliver to the City Clerk such work sheets as pertain to removal of weeds or rubbish from lots or parcels within the existing City limits in accordance with the pro- visions of this chapter. Each work sheet shall contain an adequate description of the location of the property affected, the tax parcel number, and a breakdown of the amount to be charged against the property for weed or rubbish removal. The City Clerk shall there- upon note the amount of such charges against the respective tax parcels charged, and thereafter the amount of such charges or such lesser amount as may have been determined by the council, shall be a lien against the respective property charged therewith and shall be collected in the same manner and at the same time as City taxes. Such charges may be paid to the City Clerk separately from City taxes at any time prior to the 1st day of August of the year in which the removal of weeds or rubbish from lots or parcels is to be made. Upon such payment the City Clerk shall cause an appropriate entry to be made on the assessment record for that parcel showing that such charge was paid in full, and the lien shall thereupon cease. 11208. Rubbish Detrimental to Health No person shall have or permit upon any premises owned, occu- pied or controlled by him, any nuisance detrimental to health or any accumulation of rubbish, filth, garbage, decaying animal or vegetable matter or any animal or human excrement. 11209. Rat Harbors Prohibited All accumulation of boxes, boards or other material liable to harbor rats or other rodents shall be neatly piled on racks at least six inches above the ground, except that lumber in commercial lumber yards shall be kept at least four inches above the ground. 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 any of the matters or things mentioned in this chapter then the City may abolish, abate or remove the same and the person whose duty it was to do so, in addition to incurring penalties pro- vided in this chapter shall become indebted to the City for the costs and charges so expended. SECTION 2 This ordinance is hereby declared to be for the immediate preservation of the public peace,health and safety, and is being enacted immediately in accordance with Section 36937 of the Govern- ment Code of California. 0 PAGE 4 The City of Morro Bay, on the 17th day of July, 1964, became a legal entity, having been certified officially to be an incorp- orated City. Prior to being incorporated the present City was a part of the unincorporated area of the County of San Luis Obispo and ordinances of said County and special districts regulated local matters. Upon incorporation the laws of the County and the special districts became ineffective and inoperative so the City is at this time without certain laws regulating local matters. This ordinance is required for the abatement of fire hazards created by the over abundant growth and subsequent drying for grass and weeds on vacant land within the City. In order to regulate these hazardous conditions it is therefore necessary thNe-t- the City Council hereby determines that it is necessary, under Section 36937 of the Government Code of California, that this ordinance take effect immediately upon adoption. Passed and adopted by the City Council of the City of Morro Bay at the meeting of said City Council held this 8th day of June 1965 by the following roll call vote: AYES: Councilmen Bowen, Crass, Payne, Zinn and Mayor Surfluh NOES: Councilmen None ABSENT: None F ATTEST: 0. CZ�4 2J. C. Ted White, City Clerk Certification: I, C. Ted White, Clerk of the City of Morro Bay do hereby certify that the foregoing is a true and correct copy of ORDINANCE NO. 26, passed by the City Council of the City of Morro Bay at a regular meeting thereof held on the 8th day of June, 1965. DATED: City Clerk