HomeMy WebLinkAboutOrdinance 448 - 479NO.
O R D I N A N C E S
1 9 9 6
TITLE ADOPTED
448 ORDINANCE ADDING SECTION 10.54 TO TITLE 10 OF THE
MORRO BAY MUNICIPAL CODE REGULATING SKATEBOARDING
AND ROLLERSKATING 01 -22 -96
449 ORDINANCE ADOPTING AMENDMENTS TO SECTIONS 17.24
AND 17.32 OF THE ZONING ORDINANCE, TITLE 17 OF
THE MORRO BAY MUNICIPAL CODE
450 ORDINANCE ADOPTING AMENDMENTS TO CHAPTER 14.18
OF TITLE 14 OF THE MORRO BAY MUNICIPAL CODE,
SEISMIC SAFETY PROGRAM FOR REDUCING EARTHQUAKE
HAZARD IN EXISTING BUILDINGS
451 ORDINANCE AMENDING CHAPTER 3.12 OF THE MORRO
BAY MUNICIPAL CODE PROVIDING FOR A UNIFORM CLAIMS
PRESENTATION PERIOD FOR CLAIMS AGAINST THE CITY
OF MORRO BAY
452 ORDINANCE ADOPTING AMENDMENTS TO SECTION
17.36.040 OF THE ZONING ORDINANCE, TITLE 17
OF THE MORRO BAY MUNICIPAL CODE
02 -13 -96
03 -11 -96
03 -11 -96
10 -18 -96
453 ORDINANCE AMENDING CHAPTER 12.08 OF THE MORRO
BAY MUNICIPAL CODE ENTITLED "TREES" 11 -25 -96
NO.
•
ORDINANCES
1 9 9 7
TITLE ADOPTED
454 ORDINANCE AMENDING CHAPTER 8.12 OF THE MBMC
ENTITLED "WEED ABATEMENT" 1 -27 -97
455 ORDINANCE AMENDING CHAPTER 3.24 OF THE MBMC
RELATING TO TRANSIENT OCCUPANCY TAX RATES
MEASURE "N" OF THE GENERAL MUNICIPAL ELECTION
HELD NOVEMBER 5, 1996 11 -05 -96 *
456 ORDINANCE ADOPTING AMENDMENTS TO CHAPTER 13.20
OF THE MORRO BAY MUNICIPAL CODE TO IMPLEMENT
THE 1995 CERTIFIED WATER MANAGEMENT PLAN 05 -27 -97
457 INTERIM ORDINANCE PROHIBITING THE ESTABLISHMENT
OF ADULT ENTERTAINMENT BUSINESS 02 -10 -97
458 ORDINANCE EXTENDING THE TIME OF AN INTERIM
ORDINANCE PROHIBITING THE ESTABLISHMENT OF
ADULT ENTERTAINMENT BUSINESSES 03 -24 -97
459 ORDINANCE TO REPEAL CERTAIN PROVISIONS AND
AMEND CERTAIN CHAPTERS AND SECTIONS OF THE
MORRO BAY MUNICIPAL CODE 06 -23 -97
460 ORDINANCE AMENDING CHAPTERS 2.16 AND 2.20 OF
THE MORRO BAY MUNICIPAL CODE PROVIDING FOR A
DESCRIPTION OF THE OFFICE OF CITY ATTORNEY,
THE DUTIES OF THE OFFICE AND COMPENSATION FOR
THE OFFICE
461 ORDINANCE TO REPEAL CERTAIN PROVISIONS AND
AMEND OR ADOPT CERTAIN CHAPTERS AND SECTIONS
OF THE MORRO BAY MUNICIPAL CODE
462 ORDINANCE TO AMEND AND ADOPT CERTAIN SECTIONS
OF THE MORRO BAY MUNICIPAL CODE (ALCOHOL IN
PUBLIC PLACES)
463 ORDINANCE REVISING ORDINANCE NOS. 116, 124, 259,
308, 420 AND CHAPTER 10.32 OF THE MORRO BAY
MUNICIPAL CODE TO MODIFY THE STATE SPEED LIMIT
ON CERTAIN STREETS OR PORTIONS THEREOF
06 -09 -97
08 -11 -97
11 -10 -97
11 -10 -97 ,
NO.
• •
ORDINANCES
1 9 9 7
TITLE ADOPTED
464 ORDINANCE EXTENDTING THE TIME OF AN INTERIM
ORDINANCE PROHIBITING THE ISSUANCE OF PERMITS
FOR TWO STORY CONSTRUCTION AND ADDING A
PROHIBITION ON THE PLACEMENT OF CERTAIN MANUFACTURED
HOMES IN THE BEACH TRACTS 11 -10 -97
N0.
ORDINANCES
1 9 9 8
TITLE ADOPTED
465 ORDINANCE TO REPEAL CERTAIN PROVISIONS AND
AMEND CERTAIN CHAPTERS AND SECTIONS OF THE
MORRO BAY MUNICIPAL CODE
02 -09 -98
466 ORDINANCE TO AMEND CHAPTER 8.16 OF THE
MORRO BAY MUNICIPAL CODE (SOLID WASTE MGMT.) 02 -09 -98
467 ORDINANCE EXTENDING THE TIME OF ORDINANCE
NO. 457 - AN ORDINANCE PROHIBITING THE
ESTABLISHMENT OF ADULT ENTERTAINMENT BUSINESSES 02 -09 -98
468 ORDINANCE AUTHORIZING AND AMENDMENT TO THE CONTRACT
BETWEEN THE CITY OF MORRO BAY AND THE BOARD OF
ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM TO ADD MILITARY SERVICE CREDIT
AS PUBLIC SERVICE FOR LOCAL POLICE MEMBERS ONLY 06 -08 -98
469
ORDINANCE AMENDING ORDINANCE NO. 9 AND MBMC
SECTIONS 10.36.120 AND 10.36.170 MODIFYING HOURS
AND DAYS OF LIMITED TIME PARKING RESTRICTIONS
470 ORDINANCE ADOPTING AMENDMENTS TO THE ZONING
ORDINANCE TO REGULATE THE ESTABLISHMENT OF
ADULT ENTERTAINMENT BUSINESSES
471 ORDINANCE REPEALING CERTAIN PROVISIONS AND
AMENDING CERTAIN CHAPTERS AND SECTIONS OF THE
MORRO BAY MUNICIPAL CODE (HARBOR ADVISORY BOARD
AND RECREATION & PARKS COMMISSION)
06 -22 -98
09 -14 -98
09 -14 -98
472 ORDINANCE AUTHORIZING AN AMENDMENT TO THE CONTRACT
BETWEEN THE CITY COUNCIL OF THE CITY OF MORRO BAY
AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA
PUBLIC EMPLOYEES' RETIREMENT SYSTEM TO HARBOR
PATROL AS "LOCAL SAFETY MEMBERS" AND FOURTH LEVEL
OF 1959 SURVIVIOR BENEFITS FOR LOCAL FIRE MEMBERS) 09 -14 -98
473
ORDINANCE EXTENDING THE TIME OF ORDINANCE NO. 464
AN INTERIM ORDINANCE PROHIBITING THE ISSUANCE OF
PERMITS FOR TWO STORY CONSTRUCTION AND THE PLACEMENT
OF CERTAIN MANUFACTURED HOMES IN THE BEACH TRACTS 10 -26 -98
N0.
O R D I N A N C E S
1998 /IRCICI
TITLE ADOPTED
474 ORDINANCE AMENDING CHAPTER 3.12 OF THE
MORRO BAY MUNICIPAL CODE PROVIDING FOR
A UNIFORM CLAIMS PRESENTATION PERIOD
FOR CLAIMS AGAINST THE CITY OF MORRO BAY
475 ORDINANCE ADDING CHAPTER 5.40 TO THE MORRO
BAY MUNICIPAL CODE REGULATING THE
SOLICITATION OF BUSINESS AND DISTRIBUTION
OF ADVERTISING MATERIAL
476 ORDINANCE AMENDING CHAPTER 2.20 OF THE MORRO
BAY MUNICIPAL CODE PROVIDING FOR OFFICERS'
SALARIES
477 ORDINANCE AMENDING CHAPTER 14.72 OF THE
MORRO BAY MUNICIPAL CODE "FLOOD DAMAGE
PREVENTION"
478 ORDINANCE ADOPTING AMENDMENTS TO TITLE 17
OF THE MORRO BAY MUNICIPAL CODE INCLUDING
THE ZONING ORDINANCE TEXT AND ZONING MAP AS
THEY APPLY TO THE CARATAN PROPERTY
479 ORDINANCE AMENDING CERTAIN SECTIONS OF ORDINANCE
NO. 403 AND TITLE 14 OF THE MORRO BAY MUNICIPAL
CODE THEREBY ADOPTING THE 1997 EDITION OF THE
UNIFORM BUILDING CODE STANDARDS, UNIFORM CODE
FOR BUILDING CONSERVATION, THE 1996 EDITION OF THE
NATIONAL ELECTRICAL CODE, THE 1997 EDITION OF THE
UNIFORM PLUMBING CODE, UNIFORM SWIMMING POOL CODE,
UNIFORM SOLAR ENERGY CODE, UNIFORM MECHANICAL CODE,
UNIFORM HOUSING CODE, UNIFORM CODE FOR THE ABATEMENT
OF DANGEROUS BUILDINGS, UNIFORM SIGN CODE, AND
UNIFORM FIRE CODE
11 -09 -98
02 -22 -99
12 -14 -98
01 -25 -99
04 -12 -99
09 -13 -99
• •
ORDINANCE NO. 479
AN ORDINANCE OF THE CITY OF MORRO BAY AMENDING
CERTAIN SECTIONS OF ORDINANCE NO. 403 AND OF TITLE 14 OF THE MORRO BAY
MUNICIPAL CODE THEREBY ADOPTING THE 1997 EDITION OF THE UNIFORM
ADMINISTRATIVE CODE, UNIFORM BUILDING CODE, UNIFORM BUILDING CODE
STANDARDS, UNIFORM CODE FOR BUILDING CONSERVATION, THE 1996 EDITION
OF THE NATIONAL ELECTRICAL CODE, THE 1997 EDITION OF THE UNIFORM
PLUMBING CODE, UNIFORM SWIMMING POOL CODE, UNIFORM SOLAR ENERGY
CODE, UNIFORM MECHANICAL CODE, UNIFORM HOUSING CODE, UNIFORM CODE
FOR THE ABATEMENT OF DANGEROUS BUILDINGS, UNIFORM SIGN CODE, AND
THE UNIFORM FIRE CODE.
THE CITY COUNCIL
CITY OF MORRO BAY, CALIFORNIA
WHEREAS, the State of Califomia Division of Building Standards adopts the model codes
pertaining to the construction, alteration and maintenance of buildings on a three year cycle, and
WHEREAS, the State did adopt the 1997 Editions of the Uniform Codes, and
WHEREAS, the California State Health and Safety Code Section 18938 mandates the
application of those codes within 180 days of adoption by the State.
NOW, THEREFORE, the City Council of the City of Morro Bay does ordain as
follows:
Section 1.
That Title 14 of the Morro Bay Municipal Code is here by amended as follows:
14.12.030: Adopted Uniform Administrative Code.
The Uniform Administrative Code 1997 Edition, published by the International
Conference of Building Officials, is adopted by reference with the same force and
effect as if fully set forth in this chapter and as amended hereinafter.
14.12.120: Official Codes Filed.
Not less that three certified copies of the 1997 edition of the Uniform Administrative
Code, Uniform Building Code Uniform Building Code Standards, Uniform Code for
Building Conservation, 1996 Edition of the National Electrical Code, 1997 Edition
of the Uniform Plumbing Code, Uniform Swimming Pool Code, Uniform Solar
Energy Code, Uniform Mechanical Code, Uniform Housing Code , Uniform Code
for the Abatement of Dangerous Buildings, Uniform Sign Code, and Uniform Fire
Code adopted by reference in this title, shall be filed in the office of the City Clerk,
and shall be available for public inspection. The Building Official shall maintain a
reasonable supply of copies of all adopted codes available for purchase by the public
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Ordinance No. 479
at cost.
14.16.010: Adopted.
The Uniform Building Code, 1997 Edition, including appendices, Chapter 29 -
Minimum Plumbing Fixtures, Chapter 31 - Division III Patio Covers, Chapter 33 -
Excavation & Grading, the Uniform Building Code Standards 1997 Edition, and
the Uniform Code for Building Conservation 1997 Edition, including appendices,
Chapter 1 and Chapter 3, published by the International Conference of Building
Officials, is adopted by reference with the same force and effect as if fully set forth
herein.
14.16.050: Section shall be deleted in its entirety.
14.20.010: Adopted.
The National Electrical Code, 1996 Edition, as published by the National Fire
Protection Association, is adopted by reference with the same force and effect as if
fully set forth herein.
14.24.010: Adopted.
The Uniform Plumbing Code, 1997 Edition, the Uniform Swimming Pool Code,
1997 Edition, and the Uniform Solar Energy Code, 1997 Edition, as published by the
International Conference of Building Officials, is adopted by reference with the same
force and effect as if fully set forth herein.
14.28.010: Adopted.
The Uniform Mechanical Code, 1997 Edition, as published by the Intemational
Conference of Building Officials, is adopted by reference with the same force and
effect as if fully set forth herein
14.32.010: Adopted.
The Uniform Housing Code, 1997 Edition, and the Uniform Code for the Abatement
of Dangerous Buildings, 1997 Edition, as published by the Intemational Conference
of Building Officials, is adopted by reference with the same force and effect as if
fully set forth herein.
14.34.010: Adopted.
The Uniform Sign Code, 1997 Edition, as published by the Intemational Conference
of Building Officials is adopted by reference with the same force and effect as if fully
set forth herein.
14.60.010: Adoption.
There is adopted by the Council for the purpose of prescribing regulations
governing conditions hazardous to life and property from fire and explosion, that
2
Ordinance No. 479
14.60.030:
• •
certain fire prevention code known as the Uniform Fire Code, recommended by the
Western Fire Chiefs Association and the International Conference of Building
Officials being particularly the 1997 Edition and the whole thereof including
appendices, save and except such portions as are modified in this chapter of which
not less than three copies have been and are now filed in the office of the city clerk,
all certified as true copies by the city clerk and the same are adopted and incorporated
as fully as if set out at length herein, and from the date on which this chapter shall
take effect the provisions thereof shall supersede the Uniform Fire Code heretofore
adopted by the city and shall be controlling within the limits of the city.
Section shall be deleted in its entirety.
14.60.060: Amendments generally.
The provisions of the Uniform Fire Code, hereinafter referred to as U.F.C. 1997
Edition are amended and changed in the following sections. (Ord. 311 Exh A (part)
1987; Ord. 177 Sec 2 (part), 1980)
14.60.070:
14.60.080:
14.60.090:
Section shall be deleted in its entirety.
Section shall be deleted in its entirety.
Penalties for turning in false alarms.
Section shall be amended as follows: Individuals responsible for turning in false
alarms shall be responsible for the cost the fire department incurs while responding
to the fire alarm. The cost for the false alarm shall be in accordance with the fees
contained in the Master Fee Schedule The intent of this section is not to penalize
those persons who make honest mistakes. Persons convicted of intentionally setting
a fire in violation of any law or ordinance within the city limits shall pay the cost of
fighting that respective fire.
14.60.140: Parking in front of fire hydrants.
Section 10.108 U.F.C. is added: "The chief and his authorized representatives shall
have the power and authority to remove or cause to be removed, without notice, any
vehicle, vessel or object parked or placed in violation of Section 10.105 1001.7
U.F.C. The owner of any item so removed shall be responsible for all towing,
storage, and other charges connected therewith." (Ord 177 Sec 2 (part), 1980)
14.60.150:
14.60.160:
14.60.170:
Section shall be deleted in its entirety.
Section shall be deleted in its entirety.
Section shall be deleted in its entirety.
3
• •
Ordinance No. 479
14.60.180: Section shall be deleted in its entirety.
14.60.210: Section shall be deleted in its entirety.
14.60.220: Section shall be deleted in its entirety.
14.60.230: Section shall be deleted in its entirety.
14.60.240: Section shall be deleted in its entirety.
SECTION 2: This ordinance shall take effect thirty (30) days after its adoption, and prior to the
expiration of fifteen (15) days from the passage thereof shall be published and
circulated in the City of Morro Bay and thenceforth and thereafter the same shall
be in full force and effect.
INTRODUCED at a regular meeting of the Morro Bay City Council.held on the 23rd
day of August, 1999 by motion of Councilmember Crotzer, seconded by Councilmember Elliott.
PASSED AND ADOPTED on the 13th day of September, 1999, by the following vote:
AYES: Anderson, Crotzer, Elliott, Peirce, Peters
NOES: • None
ABSENT: None
ATTEST:
BRIDGE
AUE
CITY
APPROVED AS TO FORM:
•
C TY ATTORN
CLERK
4
•
C
'Da . Oo. 478
• •
ORDINANCE NO. 478
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING
FINDINGS AND ADOPTING AMENDMENTS TO TITLE 17 OF THE MORRO BAY MUNICIPAL
CODE INCLUDING THE ZONING ORDINANCE TEXT AND ZONING MAP AS THEY APPLY
TO THE CARATAN PROPERTY
THE CITY COUNCIL
City of Morro Bay, California
CASE NO. ZO AMENDMENT 01 -97
SECTION 1
WHEREAS, the Planning Commission of the City of Morro Bay, on January 19, 1999, by
adoption of Resolution 03 -98, after duly noticed PUBLIC HEARINGS, did make recommendations
to the City Council for approval of the request of the applicant Wayne Colmer of Colmer Development
Company, on behalf of M. Caratan, Inc., property owner, for amendments to the texts and maps of the
General Plan, Local Coastal Program, Land Use Plan Map, and Zoning Ordinance texts and Zoning
Map. The Caratan property is located in the C -VS (S.3, S.4), C- VS/R -2 (PD, S.4), and OA -2 Zoning
Districts, and on the blocks bordered by Main Street on the east, Embarcadero on the west, Olive Street
on the south and South Street on the north, known as the Caratan Property, more particularly described
as:
APN: 066 - 174 -001 and 066 - 172 -002; and as Block A, including Lots 7 -10 and 17 -20,
Cerrito Addition and a portion of the J.C. Stocking Lot, Town of Morro Bay
City of Morro Bay
County of San Luis Obispo
State of California: and
WHEREAS, on the 8th day of March, 1999, the City Council did hold a duly noticed PUBLIC
HEARING, received public testimony, both written and oral, and after closing the public hearing,
fully considered the amendments to the texts and maps of the General Plan, Local Coastal Program,
Land Use Plan Map, and Zoning Ordinance texts and Zoning Map, including the final
recommendations by the Planning Commission; and
WHEREAS, the City Council continued the meeting to the 22nd day of March, 1999, to
review the revised amendments to the texts and maps of the General Plan, Local Coastal Program,
Land Use Plan Map, and Zoning Ordinance texts and Zoning Map, as directed by the Council at the
March 8th, 1999 meeting; and
WHEREAS, for the purposes of the California Environmental Quality Act (CEQA), said
amendments to the Local Coastal Plan comply with the City of Morro Bay procedures for
implementation of CEQA; and
WHEREAS, CEQA does not apply to local agency adoption and amendment of an action
requiring Certification by the California Coastal Commission pursuant to Sections 15250 and 15251 of
the CEQA Guidelines and Public Resources Code Section 21080.5; and
1 of 6
Revised City Council Ordinance 440 GPA/LCP /ZOliendments 01 -97 (Colmer / Caratan)
March 22, 1999 Meeting City of Morro Bay
WHEREAS, at said second PUBLIC HEARING, after considering the staff report and the
testimony of all persons, wishing to testify, the City Council approved the amendments based upon
the following findings:
1. State Coastal Act. The proposed amendments are consistent with the State Coastal Act; and
2. General Plan/Local Coastal Program. The proposed amendments are consistent with the General
Plan Land Use and Circulation Elements, and the Local Coastal Program Land Use Plan; and
3. Clarify Intent. The proposed amendments clarify the intent of the Zoning Ordinance, General Plan,
and Local Coastal Program Land Use Plan; and
4. Land Use Map Amendments. The proposed map and text amendments provide a broad range of
appropriate land uses for certain properties; remove C -VS uses, establish R -2 uses as the primary use on
the property east of Morro Avenue, establish R -1 uses as the primary use on the property west of
Morro Avenue, maintain the existing OA -2 uses west of the bluff, and provide consistency with the
Zoning Ordinance text and Zone Map; and
5. Visitor Serving Commercial and Recreational Uses. The text and map amendments limiting the
extent of Visitor Serving Commercial and Recreational Uses on the Caratan property are appropriate
due to the surrounding residential neighborhood character and scale, increase opportunities for
environmental preservation, distance from existing Embarcadero upland C-VS support areas, are
consistent with the Planning Area 6 and 7 boundary and related policies, and visitor serving policies of
the General Plan Land Use Element, certified Coastal Land Use Plan, and the Coastal Act; and
6. Visitor Serving Resources. The data and analysis conducted in association with the amendments
ensures sufficient visitor serving resources, including visitor - serving commercial, commercial fishing,
and visitor serving recreation, designated lands in the community to meet future Tourist Industry needs;
and
7. Open Space /Recreational Conservation. That the amendments are intended to protect and
conserve the open space, natural resources, and recreational opportunities of the Bayfront and bluff by
maintaining the Open Area 2 (OA -2) zone district in the bluff area; and
8. Neighborhood Compatibility. That the amendments are intended to protect and strengthen the
surrounding upland residential neighborhood by establishing a generally more compatible land use that
potentially better manages effects to community scale, preservation of the environment, and use of
limited public services; and
9. Reasonable Use. These amendments provide the property owner with reasonable use of the property
while continuing to ensure coastal access, public view sheds, and open space values.
NOW, THEREFORE, the City Council of the City of Morro Bay, California, DOES ORDAIN as
follows:
SECTION 2: That the Council does hereby amend the Zone Map of the Zoning Ordnance included in
Case No. GP/LCP/ZO Amendment 01 -97, as incorporated by Exhibits "A" and "B ", attached hereto
and made a part of this ordinance.
SECTION 3: That the Council does hereby amend the text of the Zoning Ordnance included in Case
No. GP/LCP /ZO Amendment 01 -97, as incorporated by Exhibits "C ", attached hereto and made a part
of this ordinance.
Page 2 of 6
Revised City Council Ordinance 4. GPA/LCP /ZA endments 01 -97 (Colorer /Caratan)
March 22, 1999 Meeting City of Morro Bay
SECTION 4: To implement the amendments adopted herein the City Council of the City of Morro
Bay, California, hereby directs as follows:
1. This Ordinance adopting the Zone Map and text amendments shall be transmitted promptly to the
California Coastal Commission with the request that the Commission certify the amendments; and
2. That the City of Morro Bay does hereby find that the Local Coastal Program Implementation
Program (Zoning) Amendments are in compliance with the intent, objectives, and policies of the
California Coastal Act, and that the City will carry out the Local Coastal Program, including these
amendments in a manner consistent with the California Coastal Act and all it provisions: and
3. These amendments shall take effect immediately and automatically upon certification.
Introduced at a regular meeting of the City Council of Morro Bay, held on the 22nd day of
March, 1999, by motion of Councilmember CROTZER and seconded b y
Councilmember PETERS
PASSED, APPROVED, AND ADOPTED, on the 12th day of April , 1999, by the
following vote to wit:
AYES:
NOES:
ABSENT:
ATTEST:
Anderson, Crotzer, Elliott, Peirce, Peters
None
None
BRIDGET BAUER, City Clerk
APPROVED AS TO FORM:
Page 3 of 6
Revised City Council Ordinance 4740
March 22, 1999 Meeting
GPA/LCP /ZO ,•ndments 01 -97 (Colmer /Caratan)
City of Morro Bay
Revised Ordinance 478
G' �5t�,�
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ANCHOR SWEET
SOUTH STREET
P;
,VE
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rc
'N 066- 172 -002
'N
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1
0 50' 100' 200'
SCALE
APN 066- 172 -001
OLIVE STREET
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11 -2--48
EXHIBIT A
Existing Zone Districts
GPA/LCP /ZO Amendments 01 -97 (Colmer /Caratan)
North Coast Engineering, dated 11 -27 -98 and amended 3 -17 -99
Page 4 of 6
Revised City Council Ordinance 478 •
March 22, 1999 Meeting
GPA /LCP /ZO 4 dments 01 -97 (Colmer /Caratan)
City of Morro Bay
Revised Draft Ordinance 478
ANCHOR STREET 5
1 1
Lace. S' ei
OIANT t ! I
,
', APN 066- 172 -002
i ;
\ ; `'
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kl
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4
SOUTH STREET m..- +..a.>+a•'°' g'i'n'
APN 066 - 172 -001
0 50' 100' 200'
SCALE
\1. I. OUVE STREET
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EXHIBIT B
Proposed Zone Districts
GPA/LCP /ZO Amendments 01 -97 (Col ner /Caratan)
North Coast Engineering, dated 11 -27 -98 and 3- 17 -99, amended RI310 2 -24 -99
Page 5 of 6
Revised City Council Ordinance 470 GPA/LCP /ZO tnendments 01 -97 (Colmer /Caratan)
March 22, 1999 Meeting City of Morro Bay
Revised Ordinance 478
EXHIBIT C
ZONING ORDINANCE Text Amendments
GPA/LCP /ZO Amendments 01 -97 (Colmer /Caratan)
(Note: Original new text is underlined, original deleted text is noted with strikethrough,
revised new text is double underlined,
and revised deleted text is noted with strikethrough and underline)
Special Use Permits (MBMC Sec. 17.30.030.Q, p. 6)
C -VS Area Description (Change Boundary Description)
Visitor- Serving Commercial and Recreation Uses in Certain Areas.
The base zoning district notwithstanding, visitor- serving commercial and recreation uses, which
shall include all uses permitted or conditionally permitted in the C -VS district, may be permitted
subject to obtaining a Special Use Permit, in the area labeled "the Embarcadero" in the Coastal
Land Use Plan/Coastal Element and defined as the area between Beach Street on the north, Olive
Street on the south, Main Street on the east and the waterfront on the west except that area east of
Morro Avenue and south of South Street known as the Caratan Property tho B gip —Edge
Page 6 of 6
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l»a .. A). 411
• •
ORDINANCE NO. 477
AN ORDINANCE OF THE
CITY OF MORRO BAY, CALIFORNIA
AMENDING CHAPTER 14.72 OF THE
MORRO BAY MUNICIPAL CODE
"FLOOD DAMAGE PREVENTION"
THE CITY COUNCIL
CITY OF MORRO BAY, CALIFORNIA
WHEREAS, the City Council adopted Ordinance No. 306, the City's current flood damage
prevention regulations on August 24, 1987; and
WHEREAS,in order for the City to continue participation in the National Flood Insurance
Program, the State of California Department of Water Resources has required the City to adopt a
new flood damage prevention ordinance which is consistent with current Federal Emergency
Management Agency regulations.
NOW, THEREFORE, the City Council of the City of Morro Bay does repeal Ordinance No. 306
and ordain Section 14.72 of the Morro Bay Municipal Code as follows:
14.72.010 Statutory authorization, findings of fact, purpose and methods.
A. Statutory The Legislature of the State of California has in Government Code
Sections 65302, 65560, and 65800 conferred upon local government units authority to adopt
regulations designed to promote the public health, safety, and general welfare of its citizenry.
Therefore, the City Council of the City of Morro Bay does hereby adopt the following floodplain
management regulations.
B. Eindings_o£Eact.
1. The flood hazard areas of the City of Morro Bay are subject to periodic inundation
which results in loss of life and property, health and safety hazards, disruption of commerce and
governmental services, extraordinary public expenditures for flood protection and relief, and
impairment of the tax base, all of which adversely affect the public health, safety, and general
welfare.
1
• •
2. These flood losses are caused by uses that are inadequately elevated, floodproofed,
or protected from flood damage. The cumulative effect of obstructions in areas of special flood
hazards which increase flood heights and velocities also contribute to the flood loss.
C. Statement_o£P_urpose. It is the purpose of this ordinance to promote the public health, safety,
and general welfare, and to minimize public and private losses due to flood conditions in specific
areas by provisions designed to:
I . protect human life and health;
2. minimize expenditure of public money for costly flood control projects;
3. minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
4. minimize prolonged business interruptions;
5. minimize damage to public facilities and utilities such as water and gas mains;
electric, telephone and sewer lines; and streets and bridges located in areas of special flood
hazard;
6. help maintain a stable tax base by providing for the sound use and development of
areas of special flood hazard so as to minimize future blighted areas caused by flood damage;
7. ensure that potential buyers are notified that property is in an area of special flood
hazard; and
8. ensure that those who occupy the areas of special flood hazard assume responsibility
for their actions.
D. Methods_of_Reducingflood_Losses. In order to accomplish its purposes, this ordinance
includes methods and provisions to
1. restrict or prohibit uses which are dangerous to health, safety, and property due to
water hazards, or which result in damaging increases in flood heights or velocities;
2. require that uses vulnerable to floods, including facilities which serve such uses, be
protected against flood damage at the time of initial construction;
3. control the alteration of natural floodplains, stream channels, and natural protective
barriers, which help accommodate or channel flood waters;
2
• •
4. control filling, grading, dredging, and other development which may increase flood
damage; and
5. prevent or regulate the construction of flood barriers which will unnaturally divert
flood waters or which may increase flood hazards in other areas.
14.72.020 Definitions.
Unless specifically defined below, words or phrases used in this ordinance shall be
interpreted so as to give them the meaning they have in common usage and to give this ordinance
its most reasonable application.
1. "Accessory use" means a use which is incidental and subordinate to the principal use of the
parcel of land on which it is located.
2. "Alluvial fan" means a geomorphologic feature characterized by a cone or fan - shaped
deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes,
transported by flood flows, and then deposited on the valley floors, and which is subject to flash
flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel
migration.
3. "Apex" means the point of highest elevation on an alluvial fan, which on undisturbed fans
is generally the point where the major stream that formed the fan emerges from the mountain front.
4. "Appeal" means a request for a review of the Floodplain Administrator's interpretation of
any provision of this ordinance.
5. "Area of special flood hazard" - See "Special flood hazard area."
6. "Base flood" means a flood which has a one percent chance of being equaled or exceeded
in_any_given_year (also called the "100 -year flood "). Base flood is the term used throughout this
ordinance.
7. "Basement" means any area of the building having its floor below grade - i.e., below ground
level - on all sides.
8. "Breakaway walls" are any type of walls, whether solid or lattice, and whether constructed
of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part
of the structural support of the building and which is designed to break away under abnormally high
tides or wave action without causing any damage to the structural integrity of the building on which
they are used or any buildings to which they might be carried by flood waters. A breakaway wall
shall have a safe design loading resistance of not less than ten and no more than twenty pounds per
square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall
meet the following conditions:
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a. breakaway wall collapse shall result from a water load less than that which would
occur during the base flood, and
b. the elevated portion of the building shall not incur any structural damage due to the
effects of wind and water loads acting simultaneously in the event of the base flood.
9. "Building" - see "Structure ".
10. "Coastal high hazard area" means an area of special flood hazard extending from offshore
to the inland limit of a primary frontal dune along an open coast and any other area subject to high
velocity wave action from storms or seismic sources. It is an area subject to high velocity waters,
including coastal and tidal inundation or tsunamis. The area is designated on a Flood Insurance Rate
Map (FIRM) as Zone VI -V30, VE, or V.
11. "Development" means any man -made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling, grading, paving,
excavation or drilling operations or storage of equipment or materials.
12. "Encroachment" means the advance or infringement of uses, plant growth, fill, excavation,
buildings, permanent structures or development into a floodplain which may impede or alter the flow
capacity of a floodplain.
13. "Existing manufactured home park or subdivision" means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including, at a minimum, the installation of utilities, the construction of
streets, and either final site grading or the pouring of concrete pads) is completed before the effective
date of the floodplain management regulations adopted by a community.
14. "Expansion to an existing manufactured home park or subdivision" means the
preparation of additional sites by the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including the installation of utilities, the construction of
streets, and either final site grading or the pouring of concrete pads).
15. "Flood, flooding, or flood water" means a general and temporary condition of partial or
complete inundation of normally dry land areas from the overflow of inland or tidal waters; the
unusual and rapid accumulation or runoff of surface waters from any source.
16. "Flood Boundary and Floodway Map (FBFM)" means the official map on which the
Federal Emergency Management Agency or Federal Insurance Administration has delineated both
the areas of special flood hazards and the floodway.
17. "Flood Hazard Boundary Map" means the official map on which the Federal Emergency
Management Agency or Federal Insurance Administration has delineated the areas of flood hazards.
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18. "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal
Emergency Management Agency or Federal Insurance Administration has delineated both the areas
of special flood hazards and the risk premium zones applicable to the community.
19. "Flood Insurance Study" means the official report provided by the Federal Insurance
Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and
Floodway Map, and the water surface elevation of the base flood.
20. "Floodplain or flood -prone area" means any land area susceptible to being inundated by
water from any source - see "Flooding ".
21. "Floodplain Administrator" is the individual appointed to administer and enforce the
floodplain management regulations.
22. "Floodplain management" means the operation of an overall program of corrective and
preventive measures for reducing flood damage and preserving and enhancing, where possible,
natural resources in the floodplain, including but not limited to emergency preparedness plans, flood
control works, floodplain management regulations, and open space plans.
23. "Floodplain management regulations" means this ordinance and other zoning ordinances,
subdivision regulations, building codes, health regulations, special purpose ordinances (such as
grading and erosion control) and other application of police power which control development in
flood -prone areas. This term describes federal, state or local regulations in any combination thereof
which provide standards for preventing and reducing flood loss and damage.
24. "Floodproofing" means any combination of structural and nonstructural additions, changes,
or adjustments to structures which reduce or eliminate flood damage to real estate or improved real
property, water and sanitary facilities, structures, and their contents.
25. "Floodway" means the channel of a river or other watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than one foot. Also referred to as "Regulatory Floodway ".
26. "Floodway fringe" is that area of the floodplain on either side of the "Regulatory Floodway"
where encroachment may be permitted.
27. "Fraud and victimization" as related to Section 14.72.060, Variance Procedure, of this
ordinance, means that the variance granted must not cause fraud on or victimization of the public.
In examining this requirement, the City Council will consider the fact that every newly constructed
building adds to government responsibilities and remains a part of the community for fifty to
one - hundred years. Buildings that are permitted to be constructed below the base flood elevation
are subject during all those years to increased risk of damage from floods, while future owners of
the property and the community as a whole are subject to all the costs, inconvenience, danger, and
suffering that those increased flood damages bring. In addition, future owners may purchase the
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property, unaware that it is subject to potential flood damage, and can be insured only at very high
flood insurance rates.
28. "Functionally dependent use" means a use which cannot perform its intended purpose
unless it is located or carried out in close proximity to water. The term includes only docking
facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and
ship building and ship repair facilities, and does not include long -term storage or related
manufacturing facilities.
29. "Governing body" is the local goveming unit, i.e. county or municipality, that is empowered
to adopt and implement regulations to provide for the public health, safety and general welfare of
its citizenry.
30. "Hardship" as related to Section 14.72.060, Variance Procedure, of this ordinance means
the exceptional hardship that would result from a failure to grant the requested variance. The City
Council requires that the variance be exceptional, unusual, and peculiar to the property involved.
Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic
considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors
likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved
through other means without granting a variance, even if the alternative is more expensive, or
requires the property owner to build elsewhere or put the parcel to a different use than originally
intended.
31. "Highest adjacent grade" means the highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
32. "Historic structure" means any structure that is
a. listed individually in the National Register of Historic Places (a listing
maintained by the Department of Interior) or preliminarily determined by the Secretary of
the Interior as meeting the requirements for individual listing on the National Register;
b. certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or a district
preliminarily determined by the Secretary to qualify as a registered historic district;
c. individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of Interior; or
d. individually listed on a local inventory of historic places in communities with
historic preservation programs that have been certified either by an approved state program
as determined by the Secretary of the Interior or directly by the Secretary of the Interior in
states with approved programs.
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33. "Levee" means a man -made structure, usually an earthen embankment, designed and
constructed in accordance with sound engineering practices to contain, control or divert the flow of
water so as to provide protection from temporary flooding.
34. "Levee system" means a flood protection system which consists of a levee, or levees, and
associated structures, such as closure and drainage devices, which are constructed and operated in
accord with sound engineering practices.
35. "Lowest floor" means the lowest floor of the lowest enclosed area, including_basement
(see "Basement" definition).
1. An unfinished or flood resistant enclosure below the lowest floor that is usable solely
for parking of vehicles, building access or storage in an area other than a basement area, is
not considered a building's lowest floor provided it-confonns_to_applicable_non- elevation
design_rcquirements,_including, butnotlimited to:
a. The wet floodproofing standard in Section 14.72.050 A.3.C.
b. The anchoring standards in Section 14.72.050 A.1.
c. The construction materials and methods standards in Section 14.72.050 A.2.
d. The standards for utilities in Section 14.72.050 B.
2. For residential structures in special flood hazard areas, all subgrade enclosed areas
are prohibited as they are considered to be basements (see "Basement" definition). This
prohibition includes below -grade garages and storage areas.
36. "Manufactured home" means a structure, transportable in one or more sections, which is
built on a permanent chassis and is designed for use with or without a permanent foundation when
attached to the required utilities. The term "manufactured home" does not include a "recreational
vehicle ".
37. "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land
divided into two or more manufactured home lots for rent or sale.
38. "Mean sea level" means, for purposes of the National Flood Insurance Program, the National
Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown
on a community's Flood Insurance Rate Map are referenced.
39. "New construction ", for floodplain management purposes, means structures for which the
"start of construction" commenced on or after the effective date of floodplain management
regulations adopted by this community, and includes any subsequent improvements to such
structures.
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40. "New manufactured home park or subdivision" means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including at a minimum, the installation of utilities, the construction of
streets, and either final site grading or the pouring of concrete pads) is completed on or after the
effective date of floodplain management regulations adopted by this community.
41. "Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee,
dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire,
fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting
into any watercourse which may alter, impede, retard or change the direction and /or velocity of the
flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of
water, or its likelihood of being carried downstream.
42. "One- hundred -year flood" or "100 -year flood" - see "Base flood."
43. "Primary frontal dune" means a continuous or nearly continuous mound or ridge of sand
with relatively steep seaward and landward slopes immediately landward and adjacent to the beach
and subject to erosion and overtopping from high tides and waves during major coastal storms. The
inland limit of the primary frontal dune occurs at the point where there is a distinct change from a
relatively mild slope.
44. "Public safety and nuisance" as related to Section 14.72.060, Variance Procedure, of this
ordinance means that the granting of a variance must not result in anything which is injurious to
safety or health of an entire community or neighborhood, or any considerable number of persons,
or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or
river, bay, stream, canal, or basin.
45. "Recreational vehicle" means a vehicle which is
a. built on a single chassis;
b. 400 square feet or Tess when measured at the largest horizontal projection;
c. designed to be self - propelled or permanently towable by a light -duty truck; and
d. designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use.
46. "Regulatory floodway" means the channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood without cumulatively increasing
the water surface elevation more than one foot.
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47. "Remedy a violation" means to bring the structure or other development into compliance
with State or local floodplain management regulations, or, if this is not possible, to reduce the
impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure
or other affected development from flood damages, implementing the enforcement provisions of the
ordinance or otherwise deterring future similar violations, or reducing State or Federal financial
exposure with regard to the structure or other development.
48. "Riverine" means relating to, formed by, or resembling a river (including tributaries), stream,
brook, etc.
49. "Sand dunes" mean naturally occurring accumulations of sand in ridges or mounds Landward
of the beach.
50. "Special flood hazard area (SFHA)" means an area having special flood hazards and shown
on an FHBM or FIRM as Zone A, Al -A30, AE, A99, M, VI-V30, VE
or V.
51. "Start of construction" includes substantial improvement and other proposed new
development and means the date the building permit was issued, provided the actual start of
construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was
within 180 days from the date of the permit. The actual start means either the first placement of
permanent construction of a structure on a site, such as the pouring of slab or footings, the
installation of piles, the construction of columns, or any work beyond the stage of excavation; or the
placement of a manufactured home on a foundation. Permanent construction does not include land
preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or
walkways; nor does it include excavation for a basement, footings, piers, or foundations or the
erection of temporary forms; nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.
For a substantial improvement, the actual start of construction means the first alteration of any wall,
ceiling, floor, or other structural part of a building, whether or not that alteration affects the external
dimensions of the building.
52. "Structure" means a walled and roofed building that is principally above ground; this
includes a gas or liquid storage tank or a manufactured home.
53. "Substantial damage" means damage of any origin sustained by a structure whereby the cost
of restoring the structure to its before damaged condition would equal or exceed 50 percent of the
market value of the structure before the damage occurred.
54. "Substantial improvement" means any reconstruction, rehabilitation, addition, or other
proposed new development of a structure, the cost of which equals or exceeds 50 percent of the
market value of the structure before the "start of construction" of the improvement. This term
includes structures which have incurred "substantial damage ", regardless of the actual repair work
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performed. The term does not, however, include either
a. any project for improvement of a structure to correct existing violations or state or
local health, sanitary, or safety code specifications which have been identified by the local
code enforcement official and which are the minimum necessary to assure safe living
conditions, or
b. any alteration of a "historic structure ", provided that the alteration will not preclude
the structure's continued designation as a "historic structure ".
55. "V zone" - see "Coastal high hazard area ".
56. "Variance" means a grant of relief from the requirements of this ordinance which permits
construction in a manner that would otherwise be prohibited by this ordinance.
57. "Violation" means the failure of a structure or other development to be fully compliant with
this ordinance. A structure or other development without the elevation certificate, other
certifications, or other evidence of compliance required in this ordinance is presumed to be in
violation until such time as that documentation is provided.
58. "Water surface elevation" means the height, in relation to the National Geodetic Vertical
Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and
frequencies in the floodplains of coastal or riverine areas.
59. "Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other
topographic feature on or over which waters flow at least periodically. Watercourse includes
specifically designated areas in which substantial flood damage may occur.
14.72.030 General Provisions.
A. Lands_ to _Which_this_Ordinance_Applies. This ordinance shall apply to all areas of special
flood hazards within the jurisdiction of the City of Morro Bay.
B. Basis_for_Establishing the_Areas_ofSpeciaLflood_Hazard. The areas of special flood hazard
identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management
Agency (FEMA) in the Elood Insurance_Study_(EIS) dated November 1, 1985, and accompanying
• Flood Insurance Rate Map (FIRM), dated November 1, 1985, and all subsequent amendments and/or
revisions, are hereby adopted by reference and declared to be a part of this ordinance. This EIS and
attendant mapping is the minimum area of applicability of this ordinance and may be supplemented
by studies for other areas which allow implementation of this ordinance and which are recommended
to the City Council by the Floodplain Administrator. The study and FIRM are on file at the
Department of Public Works.
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C. Compliance. No structure or land shall hereafter be constructed, located, extended,
converted, or altered without full compliance with the term of this ordinance and other applicable
regulations. Violation of the requirements (including violations of conditions and safeguards
established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall
prevent the City Council from taking such lawful action as is necessary to prevent or remedy any
violation.
D. Abrogation and Greater_ Restrictions. This ordinance is not intended to repeal, abrogate, or
impair any existing easements, covenants, or deed restrictions. However, where this ordinance and
another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes
the more stringent restrictions shall prevail.
E. Interpretation. In the interpretation and application of this ordinance, all provisions shall be
1. considered as minimum requirements;
2. liberally construed in favor of the governing body; and
3. deemed neither to limit nor repeal any other powers granted under state statutes.
F. __W..arning and_DisclaimeLof liability. The degree of flood protection required by this
ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering
considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased
by man -made or natural causes. This ordinance does not imply that land outside the areas of special
flood hazards or uses permitted within such areas will be free from flooding or flood damages. This
ordinance shall not create liability on the part of City Council, any officer or employee thereof, the
State of California, or the Federal Insurance Administration, Federal Emergency Management
Agency, for any flood damages that result from reliance on this ordinance or any administrative
decision lawfully made hereunder.
G. Seyerability. This ordinance and the various parts thereof are hereby declared to be
severable. Should any section of this ordinance be declared by the courts to be unconstitutional or
invalid, such decision shall not affect the validity of the ordinance as a whole, or any portion thereof
other than the section so declared to be unconstitutional or invalid.
14.72.040 Administration.
A. Establishment _o[Dexelopmentf_ermit. A development permit shall be obtained before any
construction or other development begins within any area of special flood hazard established in
Section 14.72.030 B. Application for a development permit shall be made on forms furnished by
the Floodplain Administrator and may include, but not be limited to: plans in duplicate drawn to
scale showing the nature, location, dimensions, and elevation of the area in question; existing or
proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing.
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Specifically, the following information is required:
1. proposed elevation in relation to mean sea level, of the lowest floor (including
basement) of all structures; or
2. proposed elevation in relation to mean sea level to which any nonresidential structure
will be floodproofed, if required in Sections 14.72.050 A.3.b and c; and
3. all appropriate certifications listed in Section 14.72.040 C.4 of this ordinance; and
4. description of the extent to which any watercourse will be altered or relocated as a
result of proposed development.
B. Designation_ of_the_Eloodplain_Administrator. The City Engineer is hereby appointed to
administer, implement, and enforce this ordinance by granting or denying development permits in
accord with its provisions.
C. Duties _and.Responsibilities_ofthe_ 3loodplaiaAdministrator. The duties and responsibilities
of the Floodplain Administrator shall include, but not be limited to the following:
1. Permit Review. Review all development permits to determine that
a. permit requirements of this ordinance have been satisfied,
b. the site is reasonably safe from flooding, and
c. the proposed development does not adversely affect the carrying capacity of
areas where base flood elevations have been determined but a floodway has not been
designated. For purposes of this ordinance, "adversely affects" means that the
cumulative effect of the proposed development when combined with all other
existing and anticipated development will increase the water surface elevation of the
base flood more than one foot at any point.
2. Review and Use of Any Other Base Flood Data. When base flood elevation data has
not been provided in accordance with Section 14.72.030 B, the Floodplain Administrator
may obtain, review, and reasonably utilize any base flood elevation and floodway data
available from a federal or state agency, or other source, in order to administer Section
14.72.050. Any such information shall be submitted to the City Council for adoption.
3. Notification of Other Agencies. In alteration or relocation of a watercourse:
a. notify adjacent communities and the California Department of Water
Resources prior to alteration or relocation;
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b. submit evidence of such notification to the Federal Insurance Administration,
Federal Emergency Management Agency; and
c. assure that the flood carrying capacity within the altered or relocated portion
of said watercourse is maintained.
4. Documentation of Floodplain Development. Obtain and maintain for public
inspection and make available as needed the following:
a. certification required by Section 14.72.050 A.3.a (lowest floor elevations),
b. certification required by Section 14.72.050 A.3.b (elevation or floodproofing
of nonresidential structures),
c. certification required by Sections 14.72.050 A.3.c (wet floodproofing
standard),
d. certification of elevation required by Section 14.72.050 C.2 (subdivision
standards),
e. certification required by Section 14.72.050 F.1 (floodway encroachments),
f. information required by Section 14.72.050 G.6 (coastal construction
standards).
5. Map Determinations. Make interpretations where needed, as to the exact location of
the boundaries of the areas of special flood hazard, for example, where there appears to be
a conflict between a mapped boundary and actual field conditions. The person contesting
the location of the boundary shall be given a reasonable opportunity to appeal the
interpretation as provided in Section 14.72.060, Variance Procedure.
6. Remedial Action. Take action to remedy violations of this ordinance as specified in
Section 14.72.030 C.
D. Appeals. The City Council of the City of Mono Bay shall hear and decide
appeals when it is alleged there is an error in any requirement, decision, or determination made by
the Floodplain Administrator in the enforcement or administration of this ordinance.
14.72.050 Provisions for Flood Hazard Reduction.
A. Standards_oLConstruction. In all areas of special flood hazards the following standards are
required:
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1. Anchoring
a. All new construction and substantial improvements shall be adequately
anchored to prevent flotation, collapse or lateral movement of the structure resulting
from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
b. All manufactured homes shall meet the anchoring standards of Section
14.72.050 D.
2. Construction materials and methods. All new construction and substantial
improvement shall be constructed
a. with materials and utility equipment resistant to flood damage;
b. using methods and practices that minimize flood damage;
c. with electrical, heating, ventilation, plumbing and air conditioning equipment
and other service facilities that are designed and /or located so as to prevent water
from entering or accumulating within the components during conditions of flooding.
3. Elevation and floodproofing. (See Section 14.72.020 Definitions for "basement ",
"lowest floor ", "new construction," "substantial damage" and "substantial improvement ".)
a. Residential construction, new or substantial improvement, shall have the
lowest floor, including basement,
1. in an A zone, elevated to at least one foot above the base flood
elevation, as determined by this community.
2. in all other Zones, elevated to at least one foot above the base flood
elevation.
Upon the completion of the structure, the elevation of the lowest floor including
basement shall be certified by a registered professional engineer or surveyor retained
by the applicant, and verified by the community building inspector to be properly
elevated. Such certification and verification shall be provided to the Floodplain
Administrator.
b. Nonresidential construction, new or substantial improvement, shall either be
elevated to conform with Section 14.72.050 A.3.a or together with attendant utility
and sanitary facilities
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1. be floodproofed below the elevation recommended under Section
14.72.050 A.3.a so that the structure is watertight with walls substantially
impermeable to the passage of water;
2. have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy; and
3. be certified by a registered professional engineer or architect retained
by the applicant that the standards of this Section 14.72.050 A.3.b are
satisfied. Such certification shall be provided to the Floodplain
Administrator.
c. All new construction and substantial improvement with fully enclosed areas
below the lowest floor (excluding basements) that are usable solely for parking of
vehicles, building access or storage, and which are subject to flooding, shall be
designed to automatically equalize hydrostatic flood forces on exterior walls by
allowing for the entry and exit of floodwater. Designs for meeting this requirement
must exceed the following minimum criteria:
1. be certified by a registered professional engineer or architect; or
2. have a minimum of two openings having a total net area of not less
than one square inch for every square foot of enclosed area subject to
flooding. The bottom of all openings shall be no higher than one foot above
grade. Openings may be equipped with screens, louvers, valves or other
coverings or devices provided that they permit the automatic entry and exit
of floodwater.
d. Manufactured homes shall also meet the standards in Section 14.72.050 D.
B. Standards_for_U.tilities.
1. All new and replacement water supply and sanitary sewage systems shall be designed
to minimize or eliminate:
a. infiltration of flood waters into the systems, and
b. discharge from the systems into flood waters.
2. On -site waste disposal systems shall be located to avoid impairment to them, or
contamination from them during flooding.
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C. Standards_for_Subdivisions.
1. All preliminary subdivision proposals shall identify the flood hazard area and the
elevation of the base flood.
2. All subdivision plans will provide the elevation of proposed structure(s) and pad(s).
If the site is filled above the base flood elevation, the lowest floor and pad elevations shall
be certified by a registered professional engineer or surveyor retained by the applicant and
provided to the Floodplain Administrator.
3. All subdivision proposals shall be consistent with the need to minimize flood
damage.
4. All subdivision proposals shall have public utilities and facilities such as sewer, gas,
electrical and water systems located and constructed to minimize flood damage.
5. All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.
D. Standards _for_Manufactured_Homes.
1. All manufactured homes that are placed or substantially improved, within Zones
A1-30 on the Flood Insurance Rate Map, on sites located
a. outside of a manufactured home park or subdivision,
b. in a new manufactured home park or subdivision,
c. in an expansion to an existing manufactured home park or subdivision, or
d. in an existing manufactured home park or subdivision on a site upon which
a manufactured home has incurred "substantial damage" as the result of a flood,
shall be elevated on a permanent foundation such that the lowest floor of the manufactured
home is elevated to at least one foot above the base flood elevation and be securely fastened
to an adequately anchored foundation system to resist flotation, collapse and lateral
movement.
2. All manufactured homes that are placed or substantially improved on sites located
within Zones V1-30 on the Flood Insurance Rate Map will meet the requirements of Section
14.72.050 D.1 and Section 14.72.050 G.
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3. All manufactured homes to be placed or substantially improved on sites in an existing
manufactured home park or subdivision within Zones AI -30 and V1 -30 on the Flood
Insurance Rate Map that are not subject to the provisions of paragraph 14.72.050 D.1 will
be securely fastened to an adequately anchored foundation system to resist flotation, collapse,
and lateral movement, and be elevated so that either the
a. lowest floor of the manufactured home is at least one foot above the brie^• rYflo
bOts2 4iood Q \QOat*b
b. manufactured home chassis is supported by reinforced piers or other
foundation elements of at least equivalent strength that are no less than 36 inches in
height above grade.
E. Standards _for -Recreational Vehicles.
1. All recreational vehicles placed on sites within Zones A1-30 on the Flood Insurance
Rate Map will either:
a. be on the site for fewer than 180 consecutive days, and be fully licensed and
ready for highway use -- a recreational vehicle is ready for highway use if it is on its
wheels or jacking system, is attached to the site only by quick disconnect type
utilities and security devices, and has no permanently attached additions, or
b. meet the permit requirements of Section 14.72.040 of this ordinance and the
elevation and anchoring requirements for manufactured homes in Section 14.72.050
D.1.
2. Recreation vehicles placed on sites within Zones V1-30 on the Flood Insurance Rate
Map will meet the requirements of Section 14.72.050 E.1 and Section 14.72.050 G.
F. Eloodways. Located within areas of special flood hazard established in Section
14.72.030 B are areas designated as floodways. Since the floodway is an extremely hazardous area
due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential,
the following provisions apply:
1. Prohibit encroachments, including fill, new construction, substantial improvement,
and other new development unless certification by a registered professional engineer or
architect is provided demonstrating that encroachments shall not result in any increase in the
base flood elevation during the occurrence of the base flood discharge.
2. If Section 14.72.050 F.1 is satisfied, all new construction, substantial improvement,
and other proposed new development shall comply with all other applicable flood hazard
reduction provisions of Section 14.72.050.
17
• •
G. Coastal_High.HazardAreas. Within coastal high hazard areas as established under Section
14.72.030 B, the following standards shall apply:
I. All new construction and substantial improvement shall be elevated on adequately
anchored pilings or columns and securely anchored to such pilings or columns so that the
lowest horizontal portion of the structural members of the lowest floor (excluding the pilings
or columns) is elevated to or above the base flood level. The pile or column foundation and
structure attached thereto is anchored to resist flotation, collapse, and lateral movement due
to the effects of wind and water loads acting simultaneously on all building components.
Water loading values used shall be those associated with the base flood. Wind loading
values used shall be those required by applicable state or local building standards.
2. All new construction and other development shall be located on the landward side
of the reach of mean high tide.
3. All new construction and substantial improvement shall have the space below the
lowest floor free of obstructions or constructed with breakaway walls as defined in Section
14.72.020 of this ordinance. Such enclosed space shall not be used for human habitation and
will be usable solely for parking of vehicles, building access or storage.
4. Fill shall not be used for structural support of buildings.
5. Man-made alteration of sand dunes which would increase potential flood damage is
prohibited.
6. The Floodplain Administrator shall obtain and maintain the following records:
a. Certification by a registered engineer or architect that a proposed structure
complies with Section 14.72.050 G.1.
b. The elevation (in relation to mean sea level) of the bottom of the lowest
structural member of the lowest floor (excluding pilings or columns) of all new and
substantially improved structures, and whether such structures contain a basement.
14.72.060 Variance Procedure.
A. Nature_ofYariances. The variance criteria set forth in this section of the ordinance are based
on the general principle of zoning law that variances pertain to a piece of property and are not
personal in nature. A variance may be granted for a parcel of property with physical characteristics
so unusual that complying with the requirements of this ordinance would create an exceptional
hardship to the applicant or the surrounding property owners. The characteristics must be unique
to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the
land itself, not to the structure, its inhabitants, or the property owners.
18
• •
It is the duty of the City Council to help protect its citizens from flooding. This need is so
compelling and the implications of the cost of insuring a structure built below flood level are so
serious that variances from the flood elevation or from other requirements in the flood ordinance are
quite rare. The long term goal of preventing and reducing flood loss and damage can only be met
if variances are strictly limited. Therefore, the variance guidelines provided in this ordinance are
detailed and contain multiple provisions that must be met before a variance can be properly granted.
The criteria are designed to screen out those situations in which alternatives other than a variance
are more appropriate.
B. Appeal_B.oard.
1. In passing upon requests for variances, the City Council shall consider all technical
evaluations, all relevant factors, standards specified in other sections of this ordinance, and
the
a. danger that materials may be swept onto other lands to the injury of others;
b. danger of life and property due to flooding or erosion damage;
c. susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the existing individual owner and future owners of the
property;
d. importance of the services provided by the proposed facility to the
community;
e. necessity to the facility of a waterfront location, where applicable;
f. availability of alternative locations for the proposed use which are not subject
to flooding or erosion damage;
g.
compatibility of the proposed use with existing and anticipated development;
h. relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
I. safety of access to the property in time of flood for ordinary and emergency
vehicles;
j. expected heights, velocity, duration, rate of rise, and sediment transport of the
flood waters expected at the site; and
k. costs of providing governmental services during and after flood conditions,
including maintenance and repair of public utilities and facilities such as sewer, gas,
electrical, and water system, and streets and bridges.
19
• •
2. Any applicant to whom a variance is granted shall be given written notice over the
signature of the Floodplain Administrator that
a. the issuance of a variance to construct a structure below the base flood level
will result in increased premium rates for flood insurance up to amounts as high as
$25 for $100 of insurance coverage, and
b. such construction below the base flood level increases risks to life and
property. A copy of the notice shall be recorded by the Floodplain Administrator in
the Office of the San Luis Obispo County Recorder and shall be recorded in a
manner so that it appears in the chain of title of the affected parcel of land.
3. The Floodplain Administrator will maintain a record of all variance actions, including
justification for their issuance, and report such variances issued in its biennial report
submitted to the Federal Insurance Administration, Federal Emergency Management
Agency.
C. Conditionsfor_Variances.
1. Generally, variances may be issued for new construction, substantial improvement,
and other proposed new development to be erected on a lot of one -half acre or less in size
contiguous to and surrounded by lots with existing structures constructed below the base
flood level, providing that the procedures of Sections 14.72.040 and 14.72.050 of this
ordinance have been fully considered. As the lot size increases beyond one -half acre, the
technical justification required for issuing the variance increases.
2. Variances may be issued for the repair or rehabilitation of "historic structures" (as
defined in Section 14.72.020 of this ordinance) upon a determination that the proposed repair
or rehabilitation will not preclude the structure's continued designation as an historic
structure and the variance is the minimum necessary to preserve the historic character and
design of the structure.
3. Variances shall not be issued within any mapped regulatory floodway if any increase
in flood levels during the base flood discharge would result.
4. Variances shall only be issued upon a determination that the variance is the
"minimum necessary" considering the flood hazard, to afford relief. "Minimum necessary"
means to afford relief with a minimum of deviation from the requirements of this ordinance.
For example, in the case of variances to an elevation requirement, this means the City
Council need_not_grant permission for the applicant to build at grade, or even to whatever
elevation the applicant proposes, but only to that elevation which the City Council believes
will both provide relief and preserve the integrity of the local ordinance.
20
• •
5. Variances shall only be issued upon a
a. showing of good and sufficient cause;
b. determination that failure to grant the variance would result in exceptional
"hardship" (as defined in Section 14.72.020 of this ordinance) to the applicant; and
c. determination that the granting of a variance will not result in increased flood
heights, additional threats to public safety, or extraordinary public expense, create a
nuisance (as defined in Section 14.72.020 - see "Public safety and nuisance "), cause
fraud or victimization (as defined in Section 14.72.020) of the public, or conflict
with existing local laws or ordinances.
6. Variances may be issued for new construction, substantial improvement, and other
proposed new development necessary for the conduct of a functionally dependent use
provided that the provisions of Sections 14.72.060 C. I through 14.72.060 C.5 are satisfied
and that the structure or other development is protected by methods that minimize flood
damages during the base flood and does not result in additional threats to public safety and
does not create a public nuisance.
7. Upon consideration of the factors of Section 14.72.060 B.1 and the purposes of this
ordinance, the City Council may attach such conditions to the granting of variances as it
deems necessary to further the purposes of this ordinance.
INTRODUCED at a regular meeting of the City Council of Morro Bay, held on the 11th day
of January, 1999, by motion of Councilmember Crotzer, seconded by Councilmember Peters.
PASSED AND ADOPTED on the 25th day of January, 1999, by the following vote:
AYES: Crotzer, Elliott, Peirce, Peters
NOES: None
ABSENT: Anderson
ATTEST:
BRIDGE AU
ER, City Clerk
A
APPROVED AS TO FORM:
Rarato, 5.024,
ROBERT SCHULTZ,
ttorney
21
DAVE ELLIOTT, Vice Mayor
•
(aAa,, ( So. 47cP
• •
ORDINANCE NO. 476
AN ORDINANCE OF THE
CITY OF MORRO BAY, CALIFORNIA
AMENDING CHAPTER 2.20 OF THE MORRO BAY MUNICIPAL CODE
PROVIDING FOR OFFICERS' SALARIES
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City Council of the City of Morro Bay has not considered mayor
and council member salaries since 1985; and
WHEREAS, California Government Code 36516(c) allows for an increase of 5%
per calendar year from the last adjustment; and
WHEREAS, California Government Code 36516.1 allows for the mayor to
receive compensation in addition to that received as a council member.
NOW, THEREFORE, the City Council of the City of Morro Bay does ordain as
follows:
Section 2.20.015 entitled "Additional Compensation for Mayor" be added
and state as follows: "The Mayor, in addition to the compensation
enumerated in Section 2.20.010 shall receive the sum of $200 as additional
compensation as provided by California Government Code 36516.1 ".
INTRODUCED at a regular meeting of the City Council of Morro Bay, held on
the 23rd day of November, 1998 by motion of Councilmember Peters, seconded by
Councilmember Anderson.
PASSED AND ADOPTED on the 14th day of December, 1998, by the following
vote:
AYES: Anderson, Elliott, Peirce, Peters
NOES: Crotzer
ABSENT: None
ATTEST:
APPROVED AS TO FORM:
City Attorney
Anderson, Mayor
Sections:
2.20.010
2.20.020
2.20.030
2.20.040
2.20.050
•
Chapter 2.20
OFFICERS' SALARIES*
Mayor and councilmembers.
Officers and employees.
City treasurer.
City derk.
City attorney.
2.20.010
• For statutory provisions regarding salary schedules for city cormcilmrn, see Gov. Code § 36516; for provisions regarding the salaries
of other city officers, see Gov. Code § 36517.
2.20.010 Mayor and councilmembers.
Each member of the city council and the mayor shall receive a salary of three hundred dollars
per month. In addition to said salary, any councilmember and the mayor may be reimbursed for actual
and necessary expenses incurred in the performance of official duties. (Ord. 286 § 1, 1986: Ord. 269
(part), 1985: Ord. 41 § 2, 1966: Ord. 6 § 1 (part), 1964: prior code § 2200)
2.20.020 Officers and employees.
The salaries and compensation of officers and employees of the city shall be as fixed and determined
by resolution of the city council, except those fixed in this chapter. (Ord. 6 § 1 (part), 1964: prior code
§ 2201)
2.20.030 City treasurer.
The city treasurer shall receive a salary of one dollar per month. (Ord. 47 § 1, 1966: Ord. 41
§ 3, 1966: Ord. 6 § 1 (part) 1964: prior code § 2202)
2.20.040 City clerk.
The city clerk shall receive a salary of one dollar per month. (Ord. 41 § 4, 1966: Ord. 6 § 1 (part),
1964: prior code § 2203)
2.20.050. City attorney.
The city attorney shall receive such compensation as is allowed by the city council. Such
compensation shall be a proper charge against such funds of the city as the city council shall designate.
(Ord. 460 § 3, 1997)
24-1
(Morro Bay 8 -97)
•
ORDINANCE NO. 475
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY,
CALIFORNIA, ADDING CHAPTER 5.40 TO THE MORRO BAY MUNICIPAL CODE
REGULATING THE SOLICITATION OF BUSINESS AND DISTRIBUTION
OF ADVERTISING MATERIAL.
WHEREAS, residents in the City of Morro Bay have a reasonable expectation of privacy
from individuals, organization or businesses engaged in door to door solicitation; and
WHEREAS, members of the public may feel threatened or intimidated by solicitors in a
public place when the solicitation is conducted in an aggressive manner; and
WHEREAS, the unregulated distribution of handbills, flyers and other advertising materials
frequently become litter and a public nuisance throughout the city, resulting in extra work for
residents and city employees who are required to clean up and remove the litter; and
WHEREAS, the reasonable regulation of solicitors and the distribution of handbills in the
City of Morro Bay will further promote and protect the public peace, health, safety and welfare;
NOW. THEREFORE, the City Council of the City of Morro Bay does ordain as follows:
Chapter 5.40 to be added to the Morro Bay Municipal Code to read in full as follows:
CHAPTER 5.40
Sections:
5.40.010
5.40.020
5.40.030
5.40.040
5.40.050
5.40.060
5.40.070
5.40.080
5.40.090
5.40.100
5.40.110
5.40.120
SOLICITATION OF BUSINESS AND
DISTRIBUTION OF ADVERTISING MATERIAL
Findings and Purposes
Definitions
Business License Required
Exemptions
Waiver of Requirements in Emergency
Throwing Handbills in Public Places Prohibited
Placing Handbills in or Upon Vehicles
Distribution of Handbills on Residential Property
Posting on Public Property
Posting on Street
Time, Place and Manner of Solicitations - Prohibited
Violation
• •
5.40.010 Findings and Purposes
The City Council hereby finds and determines:
A. Persons and organizations have been and are soliciting in residential areas of the City
at times, and in ways, which interfere with the reasonable expectations of privacy of the occupants
of dwellings.
B. Persons have been soliciting in certain public areas where members of the public are
not able to easily avoid the solicitation, in areas where solicitation could endanger the safety of the
public, and in ways which may reasonably create fear on the part of the person being solicited.
C. Handbills soliciting funds, support, or opinions frequently become litter or trash which
impacts the aesthetics of public and private property unless distributed or placed in ways which ensure
they are received by interested persons.
D. The provisions of this Chapter constitute reasonable and content neutral time, place
and manner restrictions and limitations which allow persons and organizations ample opportunity to
solicit funds, opinions and support while protecting and promoting the public peace, health, safety
and welfare.
5.40.020 Definitions
The words and terms used in this Chapter shall be defined as follows:
"Handbill" means any document or written matter such as a circular, leaflet, or pamphlet
which advertises, promotes or informs of a product, business, service, event, commercial enterprises
or any noncommercial activity, event, organization or purpose.
"Newspaper" means and includes any newspaper of general circulation as defined by State
law, any newspaper duly entered with the Post Office Department of the United States in accordance
with Federal statute or regulation, and shall include any periodical or current magazine regularly
published with not less than four issues per year and sold to the public.
"Peddler" and "Solicitor" means and includes every person who solicits as defined in Section
5.08.150 of the Morro Bay Municipal Code and is specifically engaged in solicitation by going from
house to house, place to place, or along city streets and on public
"Person" means any individual, partnership, corporation, or association, firm, company,
society, organization, church, congregation, assembly, or league, and shall include any director,
officer, trustee, receiver, assignee, agent, or other similar representative thereof.
"Public Place" means and includes all publicly owned and maintained streets, sidewalks, alleys,
parks, beaches, grounds or any municipally owned, leased or operated facility, building, pier, or other
public property opened to the general public within the City.
"Residential Property" means any dwelling, house, building or other structure, designed or
used in whole or in part for private residential purposes and shall include any yard, walkway, or
driveway, porch, steps, vestibule or mailbox belonging or an appurtenant to such dwelling, house,
building or other structure.
5.40.030 Business License Required
Every person carrying on the business of peddler and/or solicitor, as defined in this Chapter
and Chapter 5.04 of this Code, shall obtain a City of Morro Bay business license and pay a license
tax in accordance with the Business License Rate Schedule unless specifically exempted from
payment of such fee.
• •
5.40.040 Exemptions
The following are exempt from the provisions of this Chapter:
A. Any organization's solicitation of its members;
B. Solicitation on premises owned or controlled by the solicitor;
C. Solicitation which is subject to disclosure under State or Federal political disclosure
laws and/or related to a local election;
D. The issuance of any announcement or advertisement that such solicitation as described
in subsections (A), (B), or (C) of this Section will occur or which announces or advertises an event
at which unannounced solicitation as described in subsections (A), (B), or (C) of this Section occurs;
E. Newspapers, magazines, or by direct solicitation through United States Mail;
solicitation conducted solely by means of radio or television broadcasts;
F. Any individual person, group, organization or business that posts a notice or
advertisement of any event, service, activity, or merchandise for sale on private property with the
permission of the property owner, or on public property at designated information kiosks or bulletin
boards permitted by the City or other government agency having jurisdiction and control over the
public property or public facility.
5.40.050 Waiver of Requirements in Emergency
The City Manager may waive the provisions of this Chapter in whole or in part when
he/she determines that a waiver is necessary to allow the solicitation of immediate aid in response to
an emergency.
5.40.060 Handbills in Public Places
No person shall distribute, handout, deposit, place, throw, scatter or cause or permit to be
distributed, handed out, deposited, placed, thrown, scattered any handbill or other written material
in or upon a public place within the City. The provisions of this Section shall not prohibit a person
to handout or distribute, without charge to the receiver thereof, any handbill to any person willing
to accept the handbill.
5.40.070 Placing Handbills on Vehicles
No person shall distribute, handout, deposit, place, throw, scatter or cause, permit or cause
to be distributed, deposited, placed, thrown, scattered or cast any handbill in or upon any automobile
or other vehicle in the City. The provisions of this Section shall not be deemed to prohibit the
handing or distribution of any handbill to the owner or other occupant of any automobile or other
vehicle who is willing to accept the handbill.
5.40.080 Distribution of Handbills on Residential Property
No person shall distribute, handout, deposit or place any handbill, or any other written
material, in or to any residential property which has displayed any sign indicating "No Solicitors" or
similar wording that no solicitation is desired by the occupant.
5.40.090 Posting on Public Property
No person, except a public officer or employee in performance of a public duty, shall place
or fasten any handbill, sign, poster or notice of any kind on any lamp post, pole, hydrant, bridge, wall,
tree or other object in any public place, except as may be required or allowed by law.
• •
5.40.100 Posting on Street
No person shall erect or construct any billboard or sign upon any street, sidewalk or public
right -of -way, or cause the same to be done, except as may be required or allowed by law.
5.40.110 Time, Place and Manner of Solicitations - Prohibitions
No person shall solicit in violation of any of the following provisions:
A. No solicitation is permitted between the hours of 9 p.m. and 8 a.m., except by prior
appointment;
B. No solicitation is permitted at any residential property at which a sign is displayed
indicating "No Solicitors" or a similar indication that no solicitation is desired by the occupant(s);
C. No solicitor shall use profane or abusive language or verbal threats, during any
solicitation or following any refusal by the person solicited;
D. No solicitor shall step onto or over the threshold of a doorway, nor place his/her
hands, legs, or any portion of the body in any doorway or exit so that it would reasonably appear to
the occupant that the door may not be closed or the exit may not be accessible, unless the occupant
grants permission to do so;
E. No solicitor shall refuse to leave the premises when asked to do so by the
occupant(s);
F. No solicitation shall occur when the person to be solicited is in or on any of the
following places:
1. Any public transportation vehicle or facility;
2. Any vehicle on the public or private street, alleyway or public right -of -way;
3. Within fifty (50) feet of any automated teller machine;
4. Outdoor and/or indoor dining areas of restaurants or other dining
establishments serving food for immediate consumption without the express
permission of the restaurant owner, manager or operator; or
5. A queue of five or more persons awaiting to gain admission to a place or
vehicle, or waiting to purchase an item or admission ticket;
G. No solicitor shall block or impede the path of the individual(s) being solicited;
H. No solicitor shall continue to solicit, follow, or accompany, any individual who has
been solicited after the individual has asked the solicitor to leave or after the individual being solicited
has declined the solicitation;
1. No solicitor shall touch the individual(s) being solicited without that individual(s)
consent;
J. No solicitor shall make any statements, gesture, or other communication which a
reasonable person in the situation of the individual(s) being solicited would perceive to be a threat
and has a reasonable likelihood to produce in the victim a fear that the threat will be carried out;
K. No solicitor shall knowingly make false statements or misrepresentations during the
course of the solicitation.
L. No solicitor shall solicit by means of any loud or unreasonable noise, or by the use of
a loudspeaker or other sound amplification that could reasonably be expected to disturb persons of
ordinary sensitivity
5.40.120 Violations and Penalties
Any persons violating any provisions of this Chapter shall be guilty of an infraction and upon
• •
conviction thereof shall be punished in accordance with the provisions of Title 1 of the Morro Bay
Municipal Code.
INTRODUCED at a regular meeting of the City Council of the City of Morro Bay at a
regular meeting held on the 8th day of February, 1999, on motion of Councilmember Peters,
seconded by Mayor Anderson.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Morro
Bay at a regular meeting held on the February 22, 1999, by the following vote:
AYES: Anderson, Elliott, Peirce, Peters
NOES: Crotzer
ABSENT: None
ATTEST:
Bridgett r, City Clerk
APPROVED AS TO FORM:
s
City Attorney
• •
ORDINANCE NO. 474
AN ORDINANCE OF THE CITY OF MORRO BAY, CALIFORNIA
AMENDING CHAPTER 3.12 OF THE MORRO BAY MUNICIPAL CODE
PROVIDING FOR A UNIFORM CLAIMS PRESENTATION PERIOD
FOR CLAIMS AGAINST THE CITY OF MORRO BAY
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City Council of the City of Morro Bay has previously provided
for differing claims presentation periods for various types of claims against the City; and
WHEREAS, it is desirable to provide for a uniform claims presentation
procedure for all claims against the City; and
WHEREAS, California Government Code Section 935 permits local public
entities such as the City to establish claims presentation procedures and periods.
NOW, THEREFORE, the City Council of the City of Morro Bay does ordain
as follows:
Section L Delete Section 3.12.060 - 3.12.120 of Title 3 Chapter 12 of the
Morro Bay Municipal Code.
Section 2, Chapter 3.12, Section 3.12.040 of Title 3 of the Morro Bay
Municipal Code shall be revised by deleting the words "council ".
Section 3, Chapter 3.12, Section 3.12.050 of Title 3 of the Morro Bay
Municipal Code shall be revised to read as follows:
Section 3.12.050 - Method of Approval or Rejection.
Pursuant to Section 935.4 of the Government Code of California, the City
Manager or said manager's designee shall be authorized to accept, settle or reject without
prior approval of the City Council, claims against the City, provided that no allowance,
compromise or settlement shall exceed twenty thousand dollars. Upon the written order
of the City Manager or said manager's designee, claims shall be processed for approval
and payment pursuant to procedures established by the City's insurance coverage process
and pursuant to state law.
•
Ordinance No. 474
Page Two
The City Manager or said manager's designee is further authorized to compromise
or settle, without prior approval of the City Council, except on a matter of policy, any
actions in which the City is the plaintiff, provided that the amounts of such compromise
or settlement shall not exceed thirty -five thousand dollars.
Section 4. Chapter 3.12.130 of Title 3 of the Morro Bay Municipal Code shall
be renumbered to read 3.12.060.
Section 5, This ordinance shall go into effect and be in full force and
operation from and after thirty (30) days after its final passage and adoption.
Section 6, The City Clerk shall certify to the passage and adoption of this
ordinance, shall enter the same in the book or original ordinances of the City; shall make
a minute of the passage and adoption thereof in the records of the meeting at which the
same is passed and adopted, and shall within fifteen (15) days after the passage and
adoption there of cause the same to be published once in the Sun - Bulletin, a local
newspaper of general circulation, published and circulated within said City of Morro Bay
and which is hereby designated for that purpose.
INTRODUCED at a regular meeting the of the City Council of Morro Bay, held
on the 26th day of October, 1998 by motion of Councilmember Peters, seconded by
Councilmember Elliott.
PASSED AND ADOPTED on the 9th day of November, 1998, by the following
vote:
AYES: Anderson, Elliott, Peirce, Peters, Novak
NOES: None
ABSENT: None
ATTEST:
Bridgett er, City Clerk
APPROVED AS TO FORM:
City Attorney
Cathy Nova , Mayor
• •
ORDINANCE NO. 473
AN ORDINANCE OF THE CITY OF MORRO BAY
EXTENDING THE TIME OF ORDINANCE NO. 464
AN INTERIM ORDINANCE PROHIBITING THE ISSUANCE OF PERMITS
FOR TWO STORY CONSTRUCTION AND THE PLACEMENT OF
CERTAIN MANUFACTURED HOMES IN THE BEACH TRACTS
WHEREAS, on October 27, 1997 the City Council reviewed the Planning Commission
recommendation to initiate zoning ordinance amendments to: 1) reconsider the changes to the
development standards for the Beach Tracts (located west of State Highway 1 and north of Azure
Street) that were adopted by the City Council on September 25, 1995 and certified by the Coastal
Commission on February 6 1997; and 2) establish regulations for the placement of manufactured
housing that conform to State law, and
WHEREAS, the City Council made findings that an immediate threat to public health, safety
and welfare existed and adopted a 45 -day urgency ordinance to prohibit certain types of development
in the Beach Tracts that were the subject of the recommended zoning ordinance amendments; and
WHEREAS, said urgency ordinance would have expired on December 11, 1997 unless
extended by the City Council in accordance with the provisions of Government Code Section
65858(a); and
WHEREAS, the City Council, on November 10, 1997, by adoption of Ordinance No. 464
extended the interim ordinance for a period of 10 months and 15 days to October 26, 1998; and
WHEREAS, the City Council, on October 12, 1998 issued a written report describing the
measures taken to alleviate the condition which led to the adoption of Interim Ordinance No. 464, and
the subsequent extension of time, as required by Government Code Section 65858(d); and
WHEREAS, the City Council finds that a final one (1) year extension of the prohibition on the
issuance of permits for two -story construction and the placement of certain manufactured homes in the
Beach Tracts, which may be passed by at least four affirmative votes in accordance with Government
Code Section 65858(a), is necessary to preserve the public peace, health or safety because there have
been circumstances since the adoption of Ordinance No. 464 as outlined in the October 12, 1998
Written Report that did not allow staff the opportunity to develop appropriate zoning ordinance
amendments for review and recommendation by the Planning Commission and consideration and
adoption by the City Council; and
WHEREAS, the City Council finds that a one (1) year time extension of Ordinance No. 464
will continue to prevent the issuance of certain permit applications while the City is in the process of
reviewing possible changes to the standards that regulate those types of development;
NOW, THEREFORE, the City Council of the City of Morro Bay does ordain as follows:
City of Morro Bay
Ordinance No. 473
Page 2
SECTION 1: No further permit applications will be accepted for residential construction
projects located on properties in the Beach Tracts west of State Highway 1 and north of Azure Street
that exceed the standards of the former S.2A District that existed prior to February 6, 1997 as follows:
"Dwelling height limit, fourteen feet; provided, however, that for peaked roofs and other
architectural features, a height of up to seventeen feet may be permitted provided such
space above fourteen feet is not habitable space but above a ceiling as attic space only.
SECTION 2: For the purposes of this interim ordinance, roof decks are considered to be
second story construction and are prohibited for those Beach Tracts as defined in Section 1.
SECTION 3: No further permit applications will be accepted for the placement of any
manufactured home, as defined by Government Code Section 65852.3, on residentially zoned
properties in the Beach Tracts as defined in Section 1, if more than 10 years has elapsed between the
date of manufacture of the manufacture home and the date of the application for the issuance of a
permit to install the manufactured home.
SECTION 4: These provisions as previously adopted in Interim Ordinance No. 464, are
extended one additional year and shall remain in full force and effect until October 26, 1999 or sooner
upon certification of any zoning amendments adopted by the City Council.
PASSED AND ADOPTED by the Council of the City of Morro Bay at a regular public
meeting held on the 26th day of October, 1998 on a motion of Councilmember Elliott , seconded
by Councilmember Anderson , and on the following vote:
AYES: Anderson, Elliott, Peirce, Peters, Novak
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST:
6:ast62).44
BRIDGE AUER City Clerk
> Y
APPROVED AS TO FORM
Robert W. Schultz, E
City Attomey
S:AMSOFFICE WINW0Rn\PwN&BLD RES.oxnwrtna7i.00c
N
CATHY NO K, Mayor y or
• •
ORDINANCE NO. 472
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF MORRO BAY AUTHORIZING AN AMENDMENT TO
THE CONTRACT BETWEEN THE CITY COUNCIL OF THE
CITY OF MORRO BAY AND THE BOARD OF ADMINISTRATION
OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
(ADD HARBOR AS "LOCAL SAFETY MEMBERS" FOR LOCAL
MISCELLANEOUS MEMBERS AND FOURTH LEVEL OF 1959
SURVIVOR BENEFITS FOR LOCAL FIRE MEMBERS ONLY)
THE CITY COUNCIL
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as follows:
Section 1.
That an amendment to the contract between the City Council of the City of Morro Bay and the
Board of Administration, California Public Employees' Retirement System is hereby authorized,
a copy of said amendment being attached hereto, marked Exhibit A, and by such reference made
a part hereof as though herein set out in full.
Section_2.
The Mayor of the City Council is hereby authorized, empowered, and directed to execute said
amendment for and on behalf of said Agency.
S.ection_3.
This Ordinance shall take effect 30 days after the date of its adoption, and prior to the expiration
of 10 days from the passage thereof shall be published at least once in the Sun - Bulletin, 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.
INTRODUCED at a meeting of the City Council of Morro Bay held on the 17th day of
August, 1998 by motion of Councilmember Elliott , seconded by Councilmember
Peirce
• •
Ordinance No. 472
Page Two
PASSED AND ADOPTED on the 14th day of September, 1998 by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
Anderson, Elliott, Peirce, Peters, Novak
None
None
Bridgett B
Ate
er, City Clerk
APPROVED AS TO FORM:
ter
Robert W. Schultz, Cit
omey
Cathy Novak, Mayor
• •
ORDINANCE NO. 471
AN ORDINANCE OF THE CITY OF MORRO BAY, CALIFORNIA
TO REPEAL CERTAIN PROVISIONS AND AMEND
CERTAIN CHAPTERS AND SECTIONS OF
THE MORRO BAY MUNICIPAL CODE
THE CITY COUNCIL
CITY OF MORRO BAY, CALIFORNIA
WHEREAS, the City Council of the City of Morro Bay does ordain as follows:
Section 1, Delete Sections 2.24.010 - 2.24.110 of Chapter 2.24 (Recreation and
Parks Commission).
Rename Sections 2.24.120 - 2.24.210 of Chapter 2.24 to read Sections
2.24.010 - 2.24.110 (Recreation and Parks Department).
Section 2, Delete Chapter 15.48 (Harbor Advisory Board) in its entirety.
INTRODUCED at a regular meeting the of the City Council of Mono Bay, held
on the 27th day of July, 1998 by motion of Councilmember Peirce, seconded by
Councilmember Elliott.
PASSED AND ADOPTED on the 14th day of September, 1998, by the
following vote:
AYES: Anderson, Elliott, Peirce, Novak
NOES: Peters
ABSENT: None
ATTEST:
Bridgett Ba
r, City Clerk
APPROVED AS TO FORM:
City Attomey
Cathy Novak, Mayor
• •
2.24.010
Chapter 2.24
RECREATION AND
PARKS'
Sections:
2.24.010 Commission established.
2.24.020 Qualifications of commissioners.
2.24.030 Special groups represented.
2.24.040 Appointments —Terms of office — Vacancies.
2.24.060 Organization of commission.
2.24.070 Procedure.
2.24.080 Commission quorum.
2.24.090 Absence from commission meetings.
2.24.100 Minutes of commission meetings.
2.24.110 Commission duties and responsibilities.
2.24.120 Recreation and parks department established.
2.24.130 Recreation and parks director.
2.24.140 Use of parks/facilities.
2.24.150 Uses of parks/facilities requiring permits.
2.24.160 Use of personal property — Recreational equipment.
2.24.170 Enforcement.
2.24.180 Damage of parks/facilities.
2.24.190 Harassment of others prohibited.
2.24.200 Hours of use established.
2.24.210 Violations and penalties.
• For statutory provisions regarding parks and playgrounds. see Gov. Codc § 38000 et seq.; for provisions regarding municipal control
of certain parks, see Public Resources Code § 5181 et seq.
Prior ordinance history: Ord. 54, 239. 261; prior code §§ 2621 — 2625. 2626.1 — 26265, 2627.12, 2628, 2629.
2.24.010 Commission established.
There is created a recreation and parks commission composed of seven members. (Ord. 300 Exh.
A (part), 1987: Ord. 276 (part), 1986)
2.24.020 Qualifications of commissioners.
The regular members of the commission shall be qualified electors of the city and shall serve
without compensation. The members of the commission shall hold no other public office in the city.
(Ord. 300 Exh. A (part), 1987: Ord. 276 (part), 1986)
2.24.030 Special groups represented.
Two of the members on the commission shall represent special groups. One member shall represent
a youth- serving organization in the area and the other member shall represent a senior adult service
organization. The mayor shall appoint these commissioners, who shall serve at the pleasure of the mayor
for two-year terms. Expiration dates of specific terms shall be established by resolution of the city council.
(Ord. 442 § 1 (part), 1995: Ord. 388 § 1, 1991: Ord. 300 Exh. A (part), 1987: Ord. 276 (part), 1986)
2.24.040 Appointments —Terms of office— Vacancies.
Members of the recreation and parks commission shall be appointed and serve at the pleasure
of the city council. Terms shall be for a period of four years (except for specific group representatives);
vacancies shall be filled for the unexpired term only. Two-year short terms may be established to stagger
terms. Expiration dates of specific terms shall be established by resolution of the city council. (Ord.
25
(Morro Bay 3-96)
• •
2.24.040
442 § 1 (part), 1995: Ord. 388 § 2, 1991: Ord. 300 Exh. A (part), 1987: Ord. 276 (part), 1986)
2.24.060 Organization of commission.
Once a year, as established by the recreation and parks commission, 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 committees, sign resolutions, direct the affairs, and establish
the meeting agenda of the commission. In the absence of the chairman, duties of this office shall be
performed by the vice chairman. (Ord. 442 § 3, 1995: Ord. 276 (part), 1986)
2.24.070 Procedure.
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. (Ord. 276 (part), 1986)
2.24.080 Commission quorum.
A majority of members shall constitute a quorum. (Ord. 276 (part), 1986)
2.24.090 Absence from commission meetings.
Absence of a member from three consecutive meetings, without formal consent of the commission
noted in its official minutes, constitutes the voluntary resignation of such absent member and the position
shall be declared vacant. (Ord. 276 (part), 1986)
2.24.100 Minutes of commission meetings.
The director of the recreation and parks department shall serve as or appoint a secretary to maintain
accurate minutes of the activities and official actions of the commission. (Ord. 276 (part), 1986)
2.24.110 Commission duties and responsibilities.
The duties and responsibilities of the recreation and parks commission shall be to:
A. Act in an advisory capacity to the city council in all matters pertaining to parks and public
recreation and to cooperate with other governmental agencies and civic groups in the advancement
of sound park and recreation planning and programming;
B. Formulate policies on recreation services for approval by the city council;
C. Meet with the city council in March of each year to discuss proposed policies, programs,
budgeting future needs or other matters requiring joint deliberation;
D. Recommend to the city council the development of recreational areas, parks, facilities, programs
and improved recreation services;
E. Recommend to the city council the adoption of standards concerning parks and recreation
in respect to organization, personnel, areas and facilities, program and financial support;
F. Assist in coordinating recreation services with the programs of govemmental agencies and
voluntary organizations;
G. Advise the recreation and parks director in the preparation of the annual parks maintenance,
park improvement and recreation budgets and long range park and recreation facilities improvements;
H. Adopt rules and regulations governing the use of recreation areas and facilities consistent
with ordinances of the city for the safe use of city parks and facilities; provided, however, that the
adoption of said regulations shall be reported to the city council at its first regular meeting following
the adoption of said regulation. City council may repeal said regulation by majority vote if deemed
unnecessary, unreasonable or not in the best interests of the city;
I. Hold public hearings and meetings to conduct investigations and surveys for the purpose of
securing facts and data concerning any matters listed in this section. (Ord. 367 § 1, 1990; Ord. 276
(part), 1986)
(Mono Bay }96)
26
• •
15.48.010
Chapter 15.48
HARBOR ADVISORY BOARD'
Sections:
1548.010 Established.
15.48.020 Purpose.
15.48.030 Qualifications.
15.48.040 Appointments —Terms of office — Vacancies.
15.48.070 Organization.
15.48.080 Procedure.
15.48.090 Quorum.
15.48.100 Absence from meetings.
15.48.120 Staff attendance.
15.48.130 Duties and responsibilities.
• Prior history: Ords. 168, 194, 224, 246, 271 and 287.
15.48.010 Established.
There is created a harbor advisory board consisting of seven members. (Ord. 298 § 1 (pan), 1987)
15.48.020 Purpose.
The purpose of the board shall be to act in an advisory capacity to the city council in areas relating
to harbor activities. (Ord. 298 § 1 (part), 1987)
15.48.030 Qualifications.
At least four of the members of the harbor advisory board shall be qualified electors of the city.
They shall hold no other public office in the city or employment in the city government and shall
serve without compensation. An attempt shall be made to select one member from each of the following
interests:
A. Morro Bay Commercial Fishermens Association;
B. Waterfront Leaseholders Association;
C. Marine- oriented business;
11 Recreational boating;
E. A list of two or more individuals who reside in the Los Osos/Baywood area nominated by the
San Luis Obispo County supervisor representing the city of Morro Bay;
F. Two members at large. (Ord. 298 § 1 (part), 1987)
15.48.040 Appointments —Terms of oMce— Vacancies.
Members of the harbor advisory board shall be appointed and serve at the pleasure of the city council.
Terms shall be for a period of four years; vacancies shall be filled for the unexpired term only. Two-year
short terms may be established to stagger terms. Expiration dates of specified terms shall be established
by resolution of the city council. (Ord. 442 § 7, 1995: Ord. 298 § 1 (part), 1987)
15.48.070 Organization.
At its first regular meeting following appointment, the members of the harbor advisory board shall
select a chairperson and vice - chairperson, both of whom shall hold office for two years and until
a successor is selected. The chairperson shall preside over meetings, and otherwise direct the affairs
of the board. In the absence of the chairperson, the duties of this office shall be performed by the
vice - chairperson. (Ord. 298 § 1 (pan), 1987)
353
(Morro Bay }96)
• •
15.48.080
15.48.080 Procedure.
The harbor advisory board 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. (Ord. 298 § 1 (part), 1987)
15.48.090 Quorum.
The majority of the whole membership shall constitute a quorum. (Ord. 298 § I (part), 1987)
15.48.100 Absence from meetings.
Absence of a member from three consecutive meetings without the formal consent of the harbor
advisory board noted in its official minutes, or in the event such member shall be convicted of a crime
involving moral turpitude, constitutes voluntary resignation of such member and said position shall
become vacant and shall be so declared by the city council. (Ord. 298 § 1 (part), 1987)
15.48.120 Staff attendance.
The harbor director or his designee shall attend meetings of the harbor advisory board and shall
maintain an accurate public record of the activities and official actions of the board. The harbor director
shall further make such reports to the board, the city administrator, and the city council, as directed
by the city administrator. (Ord. 298 § 1 (part), 1987)
15.48.130 Duties and responsibilities.
The area of responsibility of the harbor advisory board shall encompass that area designated on
Map 15.48.130, codified at the end of this chapter. The powers and duties of the harbor advisory
board shall be:
A. Advise city council in matters pertaining to: vessels and watercraft within the harbor area, including
their use, control, promotion, and operation in said harbor, navigable waters, wharfs, docks, piers,
slips, warehouses, appliances, utilities and public -owned facilities forming a part of or accessory to
or relating to said harbor, and water commerce, navigation, or fishery in and about said harbor;
B. Review and recommend rules and regulations pertaining to any of the matters listed in subsection
A of this section;
C. Review and recommend rates, tolls, fees, rents, charges, or other payments to be made for use
or operation in the harbor;
D. The board shall make reports and recommendations to the various city boards, commissions
or the city council on matters relating to activities within the harbor when so requested to review
items referred by other city boards, commissions or the city council. Such reports and board recommenda-
tions will be included in presentations before the city council;
(Morro Bay 3 -96)
354
• •
15.48.130
E. Review annual and long range harbor plans and programs, and make associated recom-
mendations to the city council. (Amended during 3/88 supplement; Ord. 298 § l (part), 1987)
355
(Morrow Bay 2.891
•
•
1
MAP 15.48.130
\p
VT
0
n
MI
e �
Z The City of
MORRO BAY
San Luis Obispo Co., California
tss,ersgic
HARBOR ADVISORY BOARD JURISDICTIONAL AREA
(Morrow Bay 2.89)
356
• •
ORDINANCE NO. 470
AN ORDINANCE OF THE CITY OF MORRO BAY
ANNOUNCING FINDINGS AND ADOPTING
AMENDMENTS TO THE ZONING ORDINANCE
TO REGULATE THE ESTABLISHMENT
OF ADULT ENTERTAINMENT BUSINESSES
THE CITY COUNCIL
City of Morro Bay, California
CASE NO. LCP /ZOA 01 -98
WHEREAS, the Planning Commission of the City of Morro Bay, on June 15, 1998 and
July 20, 1998 after duly noticed PUBLIC HEARINGS, did forward a recommendation, by
adoption of Planning Commission Resolution No. 02 -98, that the City Council amend Title 17 of
the Morro Bay Municipal Code (Zoning Ordinance) to regulate the establishment of adult
entertainment businesses as contained in attached Exhibit "A "; and
WHEREAS, on the 27th day of July 1998, the City Council of the City of Morro Bay did
hold a duly noticed PUBLIC HEARING to consider the amendment regulating the establishment
of adult entertainment businesses as contained in attached Exhibit "A "; and
WHEREAS, the Environmental Coordinator determined that the California Coastal
Commission is the lead agency for local coastal plan amendments for the purposes of the
California Environmental Quality Act; and
WHEREAS, following the PUBLIC HEARING, and upon consideration of the
testimony of all persons, both written and oral, the City Council accepted the Planning
Commission recommendation and approved the amendment based on the following findings:
1. The City of Morro Bay does not currently regulate adult bookstores, adult movie theaters
and other adult oriented businesses, including live adult entertainment ( "adult
entertainment businesses ") any differently than other businesses operating in the City;
and
2. The City Council, on February 10, 1997, determined that there are substantial adverse
secondary effects of adult entertainment businesses, which secondary effects include,
among other things, an increase in crime and a decrease in property values and retail
trade; and found an immediate threat to the public health, safety and welfare due to the
lack of any regulation of adult entertainment businesses; and
3. The City Council adopted by unanimous vote Ordinance No. 457, prohibiting the
establishment of adult entertainment businesses based on the findings contained therein;
and said prohibiting has been extended to February 11, 1999 by adoption of Ordinance
Nos. 458 and 467 in accordance with Government Code Section 65858(a); and
• •
Ordinance No. 470 - Regulating
Adult Entertainment Businesses
Page 2
4. The City Council accepts the Planning Commission recommendation for adoption of
regulations for the establishment of adult entertainment businesses and finds that there
has been no change in circumstances that led to the adoption of, nor during the term of,
the interim ordinance prohibiting adult entertainment businesses; and
5. The City Council finds that there is a clear need to regulate adult business locations
within the community; and
6. This Ordinance, adding Chapter 17.70 to, and modifying Sections 17.24.140 and
17.24.150 (allowable uses in the Industrial District Tables) of' the Zoning Ordinance,
contains clear and valid definitions; and
7. This Ordinance is based on evidence of adverse secondary effects of such businesses; and
8. This Ordinance does not operate as "prior restraint" on freedom of speech; and
9. There remains sufficient area available in the city for location of these businesses.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Morro
Bay, California, as follows:
SECTION 1: Title 17 of the Morro Bay Municipal Code (Zoning Ordinance) is amended as
contained in Exhibit "A ", attached hereto and made a part of this ordinance:
SECTION 2: To implement the amendment adopted herein, the City Council of the City of
Morro Bay, California, hereby directs as follows:
This Ordinance No. 470, amending Title 17 of the Morro Bay Municipal Code for the
purpose of regulating the establishment of adult entertainment businesses, shall be
transmitted promptly to the California Coastal Commission with the request that the
Commission certify the amendment to the City's Local Coastal Program; and
2. The City Council of the City of Morro Bay hereby finds that the Local Coastal Program
Implementation Program (Zoning Ordinance) Amendments are in compliance with the
intent, objectives, and all applicable policies and provisions of the California Coastal Act;
and
3. The amendments to Title 17 shall take effect immediately upon certification by the
California Coastal Commission.
• •
Ordinance No. 470 - Regulating
Adult Entertainment Businesses
Page 3
INTRODUCED at the regular meeting of the City Council held on the 27th day of July,
1998, by motion of Mayor Novak, and seconded by Councilmember Pierce.
PASSED AND ADOPTED by the City Council of the City of Morro Bay on the 14th
day of September, 1998, by the following vote:
AYES: Anderson, Elliott, Peirce, Peters, Novak
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST:
•
BRIDGETT AUER, City Clerk
City of Morro Bay
APPROVED AS TO FORM:
ROBERT W. SCHU4', Esq.
City Attorney
CATHY NOVA$C, Mayor
City of Morro Bay
• •
Title 17
ZONING*
CHAPTERS:
17.04 General Provisions
17.08 Interpretation
17.12 Definitions
17.22 Zoning Map - Boundaries
17.24 Primary Districts
17.30 Special Uses, Special Use Permits and Temporary Use Permits
17.40 Special Treatment Overlay and Combining Districts and Specific Plans
17.44 Parking, Driveway and Loading Facilities
17.45 Bluff Development Standards
17.48 General Regulations, Conditions and Exceptions
17.49 Community Housing Project Regulations, Residential Conversions and
Demolition
17.50 Affordable Housing, Density Bonuses and Incentives
17.52 Performance Standards
17.56 Nonconforming Uses and Structures
17.58 Coastal Development Permits and Procedures
17.60 Use Permits, Procedures Notices and Variances
17.61 Enforcement
17.64 Amendments
17.68 Signs
17.70 Adult Entertainment Businesses
Appendix A
17.01
• Prior ordinance history: Prior code && 5101.1 -- 5101.3, 5102.1, 5103.1 -- 5103.5, 5104.1, 5104.2.1
-- 5104.2.12, 5104.3, 5104.3.1 -- 5104.3.7, 5104, 5104.4.1 -- 5104.4.4, 5105.1 -- 5105.8, 5106.1 -- 5106.22,
5106.24, 5107.1 -- 5107.9, 5108.1 -- 5108.6, 5109.1 -- 5109.9, 510.1 -- 5110.4, 5110.6 -- 5110.14, 5111.1 --
5111.7, 5112.1 -- 5112.6; Ords. 65, 77, 100, 107, 136, 141, 173, 174, 176, 178, 182, 186, 195, 204, 207, 208,
212, 220, 225, 230, 236, 243, 445, 470.
1 Morro Bay 3 -99
• •
Chapter 17.70
ADULT ENTERTAINMENT BUSINESSES
SECTIONS:
17.70.010 Purpose and Intent
17.70.020 Applicability
17.70.030 Definitions
17.70.040 Exceptions
17.70.050 Location of Adult Entertainment Businesses
17.70.060 Design and Performance Standards
17.70.070 Additional Design and Performance Standards
17.70.080 Application Requirements
17.70.090 Required Findings for Approval
17.70.095 Time Limit for Action on Application
17.70.100 Appeal of Zoning Administrator Action
17.70.110 Inspections
17.70.120 Violations
17.70.130 Severance Clause
17.70.010 PURPOSE AND INTENT
The intent of this ordinance is to regulate adult entertainment businesses to promote the health,
safety and general welfare of the citizens of the City to prevent community wide adverse
economic impacts, increased crime, decreased property values, and the deterioration of
neighborhoods which can be brought about by the concentration of adult entertainment
businesses in close proximity to each other in proximity to other incompatible uses such as
schools for minors, religious institutions, and residential uses. Adult entertainment businesses,
because of their nature, are recognized as producing negative secondary impacts, particularly
when these businesses are concentrated or located near sensitive uses. The purpose of this
ordinance is to establish reasonable and uniform regulations to reduce or eliminate the adverse
secondary_effects and prevent any deleterious location or concentration of adult entertainment
businesses, while permitting the location of adult entertainment businesses within the City limits.
The provisions of this ordinance have neither the purpose nor effect of imposing a limitation or
restriction on the content of any communicative materials, including adult - oriented materials.
Similarly, it is not the intent nor effect of this ordinance to restrict or deny access by adults to
adult - oriented materials protected by the First Amendment, or to deny access by the distributors
and exhibitors of adult- oriented entertainment to their intended market.
17.70.020 APPLICABILITY
The provisions of this Section apply to uses operated as adult entertainment business
establishments in addition to all other applicable requirements of this Title. The establishment of
an adult use shall include the opening of such business as a new business, the relocation of such
business, the conversion of an existing business location to any adult use, or the granting of
permits required of masseurs and masseuses which would have the effect of the establishment of
an adult use or the intensification of an existing adult use.
Morro Bay 3 -99
• •
17.70
17.70.030 DEFINITIONS
For purposes of this Chapter, the following definitions shall apply:
A. "Adult entertainment business" means an adult bookstore, adult novelty store, or
adult video store establishment with more than 25% of (a) its floor area devoted
to; or (b) stock -in -trade consisting of or (c) gross revenues derived from, and
offering for sale for any form of consideration, any one or more of the following:
1. Books, magazines, periodicals or other printed matter, photographs,
drawings, motion pictures, slides, films, tapes, videocassettes, records, or
other visual or audio representations which are characterized by an
emphasis upon the depiction or description of "specified sexual activities"
or "specified anatomical areas."
2. Instruments, devices or paraphernalia which are designed to be used in
connection with "specified sexual activities"; or
3. Goods which are replicas of, or which simulate "specified anatomical
areas," or goods which are designed to be placed on or in "specified
anatomical areas," or to be used in conjunction with "specified sexual
activities."
B. "Adult live entertainment theater" means any place, building, enclosure or
structure, partially or entirely used for "live adult entertainment" performances or
presentations characterized by an emphasis on depicting, exposing, displaying,
describing or relation to "specified sexual activities" or "specified anatomical
areas" for observation by patrons or customers therein.
C. "Live adult entertainment" means any physical human body activity, whether
performed or engaged in alone or with other persons, including but not limited to
singing, walking, speaking, dancing, acting, posing, simulation, wrestling or
pantomiming, in which the performer or performers expose to public view
without opaque covering "specified anatomical areas" for entertainment value for
any form of consideration.
"Adult motion picture or video arcade" means any business wherein coin, paper,
note, or token operated or electronically, electrically, or mechanically controlled
still or motion picture machines, projectors, or other image - producing devices are
maintained to show images to four or fewer persons per machine, at any one time,
and where the predominant character or theme of the images so displayed is
distinguished or characterized by its emphasis on matter depicting, or relating to
"specified sexual activities" or specified anatomical areas."
2
Morro Bay 3 -99
• •
17.70
E. "Adult motion picture theater" means any business, other than a hotel or motel
which provides closed circuit viewing to each individual room as a secondary
service to its motel customers, with the capacity of five or more persons where,
for any form of consideration, films, motion pictures, video cassettes, slides, or
similar photographic reproductions in which the predominant character and theme
is distinguished or characterized by its emphasis on matter depicting or relating to
"specified sexual activities" or "specified anatomical area" as defined in this
section. This includes, without limitation, showing any such slides, motion
picture or videos by means of any video tape system, which has a display, viewer,
screen, or a television set.
F. "Public building" means any building owned, leased or held by the United States,
the state, the county, the city, any special district, school district, or any other
agency or political subdivision of the state or the United States, such as city hall,
county offices, library, community centers, post offices, police and fire stations.
G. "Public park" or "recreation area" means public land which has been designated
for park or recreational activities, including but not limited to a park, playground,
nature trails, swimming pool, athletic field, basketball court, tennis court,
pedestrian or bicycle paths, beaches, open space, or similar public land within the
city or which is under the control, operation or management of the city Recreation
and Parks Department.
H. "Religious institution" means any church, synagogue, mosque, temple, or
building which is used primarily for religious worship, religious education and
related religious activities.
"School" means any public or private educational facility primarily attended by
minors including but not limited to child day care facilities, nursery schools,
preschools, kindergartens, elementary schools, primary school, intermediate
schools, junior high schools, middle schools, secondary schools, vocational
schools, continuation schools, special education schools, and includes school
grounds.
J. "Specified anatomical areas" shall include the following:
1. Less than completely and opaquely covered human genitals, pubic region,
buttock, anus, and/or the female breast below a point immediately above
the top of the areola; and
2. Human male genitals in a discemibly turgid state even if completely and
opaquely covered.
3
Morro Bay 3 -99
17.70
• •
K. "Specified sexual activities" shall include the following:
1. Actual or simulated sexual intercourse, oral copulation and intercourse,
oral -anal copulation, bestiality, direct physical stimulation of unclothed
genitals, flagellation or torture in the context of a sexual relationship, or
the use of excretory functions in the context of a sexual relationship, and
any of the following sexually oriented acts or conduct: anilingus, buggery,
coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty,
pedophilia, piquerism, sapphism, zooerasty; or
2. Clearly depicted human genitals in a state of sexual stimulation, arousal or
tumescence; or
3. Human or animal masturbation, sodomy, oral copulation, coitus,
ejaculation; or
4. Fondling or touching of nude human genitals, pubic region, buttocks or
female breast; or
5. Masochism, erotic or sexually oriented torture, beating or the infliction of
pain; or
6. Erotic or lewd touching, lewd fondling or other lewd contact with an
animal by a human being; or
7. Human excretion, urination, menstruation, vaginal or anal irrigation.
17.70.040 EXCEPTIONS
An "adult entertainment business" shall not include:
A. Bona fide medical establishments operated by properly licensed and registered
medical and psychological personnel with appropriate medical or professional
credentials for the treatment of patients.
B. Persons depicting "specified anatomical areas" in a modeling class operated:
1. By a college, junior college, or university supported entirely or partly by
public revenue; or
2. By a private college or university which maintains and operates
educational programs in which credits are transferable to a college, junior
college, or university supported entirely or partly by public revenue; or
3. Where, in order to participate in a class a student must enroll at least three
days in advance of the class.
4
Morro Bay 3 -99
• •
17.70
C. The practice of massage in compliance with the City of Morro Bay Municipal
Code, is not in violation of this Ordinance.
17.70.050 LOCATION OF ADULT ENTERTAINMENT BUSINESSES
Adult entertainment businesses, as defined in this ordinance, shall only be established in the C -1
or C -2 districts of the City and shall be located a minimum of 500 feet away from the following
sensitive uses: religious institutions, schools, public parks or recreation areas, public buildings
and other adult entertainment businesses.
A. Adult entertainment businesses locating within 500 feet of any residential use
shall be subject to additional design and perfonnance standards to help mitigate
potential impacts (see Section 17.70.070).
B. Distance shall be measured in a straight line, without regard to intervening
structures, from the closest property line of the adult entertainment business to the
closest property line of the sensitive use or residential use.
17.70.060 DESIGN AND PERFORMANCE STANDARDS
The establishment or operation of an adult entertainment business shall comply with the
applicable fees and site development standards, including, but not limited to, parking and design
review, and the requirements of the Uniform Codes and building regulations and standards
adopted by the City of Morro Bay. An adult entertainment business shall comply with the
following design and performance standards:
A. Signs, advertisements, displays, or other promotional materials depicting or
describing "specified anatomical areas" or specified sexual activities" or
displaying instruments, devices or paraphernalia which are designed for use in
connection with "specified sexual activities" shall not be shown or exhibited so as
to be discernible by the public beyond the walls of the building or portion thereof
in which the adult entertainment business is conducted.
B. Each adult entertainment business shall have a business entrance separate from
any other non -adult business located in the same building.
C. All building openings, entries, and windows for an adult entertainment business
shall be located, covered or screened in such a manner as to prevent a view into
the interior of an adult entertainment business from any area open to the general
public.
D. No adult entertainment business shall be operated in any manner that permits the
observation by the public of any material or activity depicting, describing, or
relating to "specified sexual activities" or "specified anatomical areas" from any
public way or from any location beyond the walls of the building or portion
thereof in which the adult entertainment business is conducted.
5
Morro Bay 3 -99
17.70
• •
E. The building entrance to the adult entertainment business shall be clearly and
legibly posted with a notice indicating that minors are precluded from entering the
premises.
F. No loudspeakers or sound equipment shall be used by an adult entertainment
business for amplification of sound to a level discemible by the public beyond the
walls of the building or portion thereof in which the adult entertainment business
is conducted.
G. Each adult entertainment shall be provided with a manager's station which shall
be used for the purpose of supervising activities within the business. A manager
shall be on the premises during all times that the adult entertainment business is
open to the public.
H. The interior of the adult entertainment business shall be configured in such a
manner that there is an unobstructed view from a manager's station of every area
of the adult entertainment business to which any patron is permitted access for
any purpose, excluding restrooms. If the adult entertainment business has two or
more manager's stations designated, then the interior of the adult entertainment
business shall be configured in such a manner that there is an unobstructed view
of each area of the adult entertainment business to which any patron is permitted
access for any adult purpose, excluding restrooms, from at least one of the
manager's stations. The view required in this subsection must be by direct line of
sight from the manager's station.
No individual viewing area may be occupied by more than one person at any one
time "Individual viewing area" shall mean a viewing area designed for occupancy
by one person. Individual viewing areas of the adult entertainment business shall
be operated and maintained without any hole or other opening or means of direct
communication or visual or physical access between the interior space of two or
more individual viewing areas.
J. Off -street parking shall be provided for the adult entertainment business as
specified in accordance with the parking provisions.
K. The following additional requirements shall pertain to Adult Businesses providing
live entertainment depicting Specified Anatomical Areas or involving Specified
Sexual Activities:
1. No person shall perform live entertainment for patrons of an Adult Business
except upon a stage at least eighteen (18) inches above the level of the floor
which is separated by a distance of at least (6) feet from the nearest area
occupied by patrons, and no patron shall be permitted within six (6) feet of the
stage while the stage is occupied by an entertainer. "Entertainer" shall mean
any person who is an employee or independent contractor of the Adult
Business, or any person who, with or without any compensation or other form
6
Morro Bay 3 -99
• •
17.70
of consideration, performs live entertainment for patrons of an Adult
Business.
2. The Adult Business shall provide separate dressing room facilities for
entertainers which are exclusively dedicated to the entertainer's use.
3. The Adult Business shall provide an entrance/exit for entertainers which is
separate from the entrance/exit used by patrons.
4. The Adult Business shall provide access for entertainers between the stage and
the dressing rooms which is completely separated from the patrons. If such
separate access is not physically feasible, the Adult Business shall provide a
minimum three -foot (3') wide walk aisle for entertainers between the dressing
room area and the stage, with a railing, fence, or other barrier separating the
patrons and the entertainers capable of (and which actually results in)
preventing any physical contact between patrons and entertainers.
5. No entertainer acting within the scope of their employment, either before,
during, or after performances, shall have physical contact with any patron, and
no patron shall have physical contact with any entertainer either before,
during, or after performances by such entertainer.
L. An off -site security program shall be prepared and implemented including the
following items:
1. All off - street parking areas and building entries serving the adult
entertainment business shall be illuminated during all hours of operation with
a lighting system which provides a minimum maintained horizontal
illumination of one foot -candle (ten luxes) (one candlepower) of light on the
parking surface and/or walkway.
2. All interior portions of the adult entertainment business, except those areas
devoted to mini - motion or motion pictures shall be illuminated during all
hours of operation with lighting system which provides a minimum
maintained horizontal illumination of not less than two foot - candles (twenty
luxes) (two candlepower) of light on the floor surface.
3. Security guards for other Adult Businesses may be required if it is determined
by the Chief of Police that their presence is necessary in order to prevent any
unlawful conduct from occurring on the premises.
The foregoing applicable requirements shall be deemed conditions of a permit for an Adult
Business and failure to comply with every such requirement shall be grounds for revocation of
the permit issued pursuant to these regulations.
7
Morro Bay 3 -99
• •
17.70
17.70.070 ADDITIONAL DESIGN AND PERFORMANCE STANDARDS WHEN
LOCATED NEAR A RESIDENTIAL USE
The following requirements apply to adult entertainment businesses which locate within 500 feet
of residential uses:
A. There shall be an intervening street between the residential use and the adult
entertainment business.
B. No access from an adult entertainment business to a residential street shall be
permitted.
C. A six -foot tall barrier shall be constructed to prevent pedestrian and vehicular
access to the adult entertainment business from the residential street.
D. The barrier shall be screened by landscaping to provide a more aesthetically
pleasing appearance.
17.70.080 APPLICATION REQUIREMENTS
Adult Entertainment Business permit applications shall be submitted for review and approval by
the Zoning Administrator.
A. In addition to the submittal and review requirements for a permit as specified in
the City's Code, the following must be submitted prior to an application being
deemed complete:
1. The name and permanent address of applicant;
2. The name and proposed business address of the applicant. If the applicant is a
corporation, the name must be exactly as set forth in its articles of
incorporation and the applicant shall show the name and residence address of
each of the officers, directors, and each stockholder owning not less than
twenty -five percent of the stock of the corporation. If the applicant is a
partnership, the applicant shall show the name and residence address of each
of the members, including limited partners;
3. A detailed description of the proposed entertainment, including type of
entertainment and number of persons engaged in the entertainment;
4. A diagram of the premises showing a floor plan thereof, specifying where the
specific entertainment uses are proposed to be conducted within the building,
the location of one (1) or more manager's stations, the location of all overhead
lighting, fixtures, and designating any portion of the premises in which
patrons will not be permitted;
5. Hours of operation and the admission fee, if any, to be charged;
8
Morro Bay 3 -99
• •
17.70
6. The name or names of the person or persons who have the management or
supervision responsibilities of the applicant's business, and of any
entertainment;
7. A statement of the nature and character of the applicant's business, if any, to
be carried on in conjunction with such entertainment;
8. A site area map showing the proposed business location and plotting all of the
listed sensitive uses within 500 feet of the proposed location;
9. A mailing list of all property owners within 1000 feet of the proposed business
location.
B. Prior to the issuance of a permit, the Police Department shall complete a
background investigation of all parties identified in A.1 and A.2 above.
17.70.090 REQUIRED FINDINGS FOR APPROVAL
The City Council finds and determines that there are substantial adverse secondary effects of
adult entertainment businesses, which secondary effects include, among other things, an increase
in crime and a decrease in property values and retail trade. There is a need to regulate adult
entertainment businesses because of the adverse secondary effects of such businesses. The
following additional findings are to be made by the Zoning Administrator prior to the approval of
any permit for an adult entertainment business:
A. The adult entertainment business and its proposed site are consistent with the
general plan.
B. The proposed use will not adversely affect the adjacent neighborhood.
C. The proposed site has an appropriate shape and is of sufficient size to allow the
development of the proposed use without detrimental effects to the surrounding
area.
D. The proposed use complies with all applicable city, county, state, and other
governmental laws.
17.70.095 TIME LIMIT FOR ACTION ON APPLICATION
Within sixty (60) days of receipt of a completed application, the Zoning Administrator shall act
to approve or deny the application in accordance with the provisions of this Chapter, and so
notify the applicant. No such action to approve or deny the application shall take place prior to
noticing those property owners within 1000 feet of the proposed business location. Said noticing
shall occur at least 30 days prior to the Zoning Administrator's final action.
9
Morro Bay 3 -99
• •
17.70
17.70.100 APPEAL OF ZONING ADMINISTRATOR ACTION
After denial or approval of an application for an adult entertainment business permit, the
applicant, or an aggrieved person, may seek review of such administrative action by the City
Council upon filing a request with the City Clerk within ten (10) days of the Zoning
Administrator denial or approval action. The request for additional review shall be scheduled
before the City Council within sixty (60) days of the filing with the City Clerk. If the denial or
approval is affirmed on review, the applicant or aggrieved person may seek prompt judicial
review of such administrative action pursuant to California Code of Civil Procedure Section
1094.5. The City shall make all reasonable efforts to expedite judicial review, if sought by the
applicant.
17.70.110 INSPECTION
An Applicant or Permittee shall permit representatives of the Police Department, Health
Department, Planning and Building Department, Fire Department, or other City Departments or
Agencies to inspect the premises of an Adult Entertainment Business for the purpose of ensuring
compliance with the law and the development standards applicable to Adult Entertainment
Businesses, at any time it is occupied or opened for business. A person who operates an Adult
Entertainment business or his or her agent or employee is in violation of the provisions of the
Section if he or she refuses to permit such lawful inspection of the premises at any time it is
occupied or opened for business.
17.70.120 VIOLATIONS
It shall be unlawful to establish or operate an adult entertainment business in violation of this
chapter. Any person who violates any provision of this chapter shall be deemed guilty of a
misdemeanor. Nothing in the chapter shall be deemed or constituted to prevent the City from
commencing any civil proceeding otherwise authorized by law for the declaration or abatement
of a public nuisance
17.70.130 SEVERANCE CLAUSE
If any provision, section, subsection, sentence, clause or phrase of this ordinance, or the
application of same to any person or set of circumstances if for any reason is held to be
unconstitutional, void or invalid, the invalidity of the remaining portions of this Ordinance shall
no be affected thereby, it being the intent of the City Council in adoption this Ordinance that no
portion thereof, or provisions, or regulation contained herein, shall become inoperative, or fail by
reason of any unconstitutionality of any other portion hereof, and all provisions of this Ordinance
are declared to be severable for that purpose.
,.m,orn win.ard/d.n&wura.Qa'e.a47a aoc
10
Morro Bay 3 -99
•
aK)erN 448
•
•
ORDINANCE NO. 469
AN ORDINANCE AMENDING ORDINANCE NO. 9 AND MORRO BAY MUNICIPAL
CODE SECTIONS 10.36.120 AND 10.36.170 MODIFYING HOURS AND DAYS OF
LIMITED TIME PARKING RESTRICTIONS
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, by Ordinance No. 9 and Municipal Code Sections 10.36.120 and 10.36.170, the
City Council, City of Morro Bay established specific hours and days during which limited time
stopping, standing and parking restrictions were to be in effect; and
WHEREAS, it has been deemed appropriate to provide flexibility and discretion to establish
restriction hours and days based upon needs of particular areas of the community.
NOW, THEREFORE, BE IT ORDAINED by the Morro Bay City Council as follows:
I. In accord with Government Code Section 36937 the City Council does make each and all
of the findings and statements set forth above.
II. Ordinance No. 9 and Municipal Code Sections 10.36.120 and 10.36.170 are hereby
amended as follows:
1. Morro Bay Municipal Code Section 10.36.120, Curb Markings, is herewith
amended to read as follows:
The Director of Public Works is authorized, subject to the provisions and limitations of this
title, to place, and when required herein shall place, the following curb markings to indicate parking
or standing regulations, and the curb markings shall have the meanings as set forth in this section:
A. Red means no stopping, standing or parking at any time except as permitted by the Vehicle
Code, and except that a bus may stop in a red zone marked or signed as a bus zone.
B. Yellow means no stopping, standing or parking at such hours and days established by
resolution of the city council for any purpose other than the loading and unloading of passengers or
materials, provided that the loading or unloading of passengers shall not consume more than three
minutes nor the loading or unloading of materials more than twenty minutes.
C. White means no stopping, standing or parking for any purpose other than the loading or
unloading of passengers, or for the purpose of depositing mail in an adjacent mail box, which shat
not exceed three minutes and such restrictions shall apply at such hours and days established by
resolution of the city council except as follows:
•
City of Morro Bay
Ordinance No. 469
Page 2 of 2
1. When such zone is in front of a hotel or in front of a mail box the restrictions shall apply
at all times;
2. When such zone is in front of a theater the restrictions shall apply at all times except when
such theater is closed.
D. Green curb marking means no stopping, standing or parking for a period of time longer
than such length of time and at such hours and days established by resolution of the city council.
2. Section 10.36.170, For a Limited Time, of the Morro Bay Municipal Code is hereby
amended to read as follows:
When authorized signs or curb markings are in place giving notice that parking in a given area
is restricted to a limited period of time, no operator of any vehicle shall stop, stand or park said
vehicle for a period of time longer than such length of time and during such hours and days
designated.
INTRODUCED at a regular meeting of the Morro Bay City Council held on the 8th day of
June, 1998 by motion of Councilmember Peirce and seconded by Councilmember Peters.
PASSED AND ADOPTED at a regular meeting of the Morro Bay City Council held on the
22nd day of June, 1998 by the following role call vote:
AYES: Anderson, Elliott, Peirce, Peters, Novak
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: CATHY NOV(�C, Mayor
BRIDGETTIUER, City Clerk
APPROVED AS TO FORM:
\l
DAVID HUNT, City ttorney
• •
Off..4(OS
• •
ORDINANCE NO. 468
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF MORRO BAY AUTHORIZING AN AMENDMENT TO
THE CONTRACT BETWEEN THE CITY COUNCIL OF THE
CITY OF MORRO BAY AND THE BOARD OF ADMINISTRATION
OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
(ADD MILITARY SERVICE CREDIT AS PUBLIC SERVICE FOR
LOCAL POLICE MEMBERS ONLY)
THE CITY COUNCIL
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as follows:
Section I
That an amendment to the contract between the City Council of the City of Morro Bay and the
Board of Administration, California Public Employees' Retirement System is hereby authorized,
a copy of said amendment being attached hereto, marked Exhibit A, and by such reference made
a part hereof as though herein set out in full.
Section 2
The Mayor of the City Council is hereby authorized, empowered, and directed to execute said
amendment for and on behalf of said Agency.
Section 3
This Ordinance shall take effect 30 days after the date of its adoption, and prior to the expiration
of 10 days from the passage thereof shall be published at least once in the Sun - Bulletin, 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.
INTRODUCED at a regular meeting of the City Council of Morro Bay held on the 26th
day of May, 1998 by motion of Councilmember Anderson , seconded by Councilmember
Peirce
• •
Ordinance No. 468
Page Two
PASSED AND ADOPTED on the 8th day of June, 1998 by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
Anderson, Elliott, Peirce, Peters, Novak
None
None
Bridgett Bafjr, City Clerk
APPROVED AS TO FORM:
race-■
David Hunt, City Attorney
Cathy Nov*, Mayor
• •
EXHIBIT A
AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF MORRO BAY
The Board of Administration, Public Employees' Retirement System, hereinafter referred to as Board, and
the governing body of above public agency, hereinafter referred to as Public Agency, having entered into a
contract effective July 1, 1965, and witnessed June 1, 1965, and as amended effective August 15, 1981,
November 19, 1983, January 7, 1989, June 24, 1989, June 22, 1991 and June 10, 1994 which provides for
participation of Public Agency in said System, Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 13 are hereby stricken from said contract as executed effective June 10, 1994,
and hereby replaced by the following paragraphs numbered 1 through 13 inclusive:
I. All words and terms used herein which are defined in the Public Employees' Retirement Law
shall have the meaning as defined therein unless otherwise specifically provided. "Normal
retirement age" shall mean age 50 for local miscellaneous members and age 50 for local
safety members.
2. Public Agency shall participate in the Public Employees' Retirement System from and after
July 1, 1965 making its employees as hereinafter provided, members of said System subject to
all provisions of the Public Employees' Retirement Law except such as apply only on election
of a contracting agency and are not provided for herein and to all amendments to said Law
hereafter enacted except those, which by express provisions thereof, apply only on the
election of a contracting agency.
3. Employees of Public Agency in the following classes shall become members of said
Retirement System except such in each such class as are excluded by law or this agreement:
a. Local Fire Fighters (herein referred to as local safety members);
b. Local Police Officers (herein referred to as local safety members);
c. Employees other than local safety members (herein referred to as local miscellaneous
members).
4. In addition to the classes of employees excluded from membership by said Retirement Law,
the following classes of employees shall not become members of said Retirement System:
a. ELECTED OFFICIALS;
b. APPOINTIVE COMMISSIONS; AND
• PLELIO DO EZ ONLY~
c. PERSONS COMPENSATED ON AN HOURLY BASIS.
5. This contract shall be a continuation of the benefits of the contract of the Morro Bay Fire
District hereinafter referred to as "Former Agency ", pursuant to Section 20508 of the
Govemment Code, Former Agency having ceased to exist and succeeded by Public Agency
on July 1, 1965. Public Agency, by this contract, assumes the accumulated contributions and
assets derived therefrom and liability for prior and current service under Former Agency's
contract with respect to the Former Agency's employees. Legislation repealed Section 20508,
Statutes of 1949, effective January 1, 1988.
6. The percentage of final compensation to be provided for each year of credited prior and
current service as a local miscellaneous member shall be determined in accordance with
Section 21354 of said Retirement Law (2% at age 55 Full).
7. The percentage of final compensation to be provided for each year of credited prior and
current service as a local safety member shall be determined in accordance with Section
21362 of said Retirement Law (2% at age 50 Full).
8. Public Agency elected and elects to be subject to the following optional provisions:
a. Section 21573 (Third Level of 1959 Survivor Benefits) for local safety members only.
b. Section 20965 (Credit for Unused Sick Leave).
c. Section 20042 (One -Year Final Compensation) for local safety members only.
d. Section 21024 (Military Service Credit as Public Service), Statutes of 1976 for local
police members only.
9. Public Agency, in accordance with Government Code Section 20790, ceased to be an
"employer" for purposes of Section 20834 effective on August 15, 1981. Accumulated
contributions of Public Agency shall be fixed and determined as provided in Government
Code Section 20834, and accumulated contributions thereafter shall be held by the Board as
provided in Government Code Section 20834.
10. Public Agency shall contribute to said Retirement System the contributions determined by
actuarial valuations of prior and future service liability with respect to local miscellaneous
members and local safety members of said Retirement System.
11. Public Agency shall also contribute to said Retirement System as follows:
a. Per covered member, $0 per month on account of the liability for the 1959 Survivor
Benefits provided under Section 21573 of said Retirement Law. (Subject to annual
change.) In addition, all assets and liabilities of Public Agency and its employees shall
be pooled in a single account, based on term insurance rates, for survivors of all local
safety members.
•
'i.' or t a O a :P } iei3
b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days
of date of contract to cover the costs of administering said System as it affects the
employees of Public Agency, not including the costs of special valuations or of the
periodic investigation and valuations required by law.
c. A reasonable amount, as fixed by the Board, payable in one installment as the
occasions arise, to cover the costs of special valuations on account of employees of
Public Agency, and costs of the periodic investigation and valuations required by law.
12. Contributions required of Public Agency and its employees shall be subject to adjustment by
Board on account of amendments to the Public Employees' Retirement Law, and on account
of the experience under the Retirement System as determined by the periodic investigation
and valuation required by said Retirement Law.
13. Contributions required of Public Agency and its employees shall be paid by Public Agency to
the Retirement System within fifteen days after the end of the period to which said
contributions refer or as may be prescribed by Board regulation. If more or less than the
correct amount of contributions is paid for any period, proper adjustment shall be made in
connection with subsequent remittances. Adjustments on account of errors in contributions
required of any employee may be made by direct payments between the employee and the
Board.
B. This amendment shall be effective on the day of , 19
BOARD OF ADMINISTRATION. CITY COUNCIL
PUBLIC EMPLOYEES' RETIIENT SYSTEM OF THE
R1 CITY OF MORRO BAY
Ai
BY _ce' BY
KENNETH W. MAR,TON, CHIEF PRESIDING OFFICER ^ti
ACTUARIAL & EIp QtOYER SERVICES DIVISION �G`
PUBLIC EMPLOJ 'tS' RETIREMENT SYSTEM r4
C V /(/
�,ll
Witness Date et
Attest:
AMENDMENT
PERS- CON -702A (Rev. 896)
Clerk
ORDINANCE NO. 467
AN ORDINANCE OF THE CITY OF MORRO BAY
EXTENDING THE TIME OF ORDINANCE NO. 457
AN INTERIM ORDINANCE PROHIBITING THE ESTABLISHMENT
OF ADULT ENTERTAINMENT BUSINESSES
WHEREAS, The City of Morro Bay does not currently regulate adult bookstores, adult
movie theaters and other adult oriented businesses, including live adult entertainment ( "adult
entertainment businesses ") any differently than other businesses operating in the City; and
WHEREAS, the City Council, on February 10, 1997, found and determined that there
are substantial adverse secondary effects of adult entertainment businesses, which secondary
effects include, among other things, an increase in crime and a decrease in property values and
retail trade; and
WHEREAS, the City Council on February 10 ,1997, adopted by unanimous vote
Ordinance No. 457, an interim ordinance prohibiting the establishment of adult entertainment
businesses based on findings contained therein; and
WHEREAS, the City Council, on March 24, 1997, by adoption of Ordinance No. 458
extended the interim ordinance for a period of 10 months and 15 days in accordance with
Government Code Section 65858(a); and
WHEREAS, the City Council, on January 26, 1998 issued a written report describing the
measures take to alleviate the condition which led to the adoption of Interim Ordinance No. 457,
and the subsequent extension of time, as required by Government Code Section 65858(d); and
WHEREAS, the City Council finds that a final one (1) year extension of the prohibition
on establishing adult entertainment businesses, which may be passed by at least four affirmative
votes in accordance with Government Code Section 65858(a), is necessary to preserve the public
peace, health or safety because there has been insufficient amount of time to develop appropriate
regulations for adult entertainment business; and
WHEREAS, the City Council finds that a one (1) year time extension -of Ordinance No.
457 will continue to prevent an influx of applications for adult entertainment businesses that may
otherwise occur while the City is in the process of enacting constitutional regulations for adult
entertainment businesses;
NOW, THEREFORE, the City Council of the City of Morro Bay does ordain as
follows:
• •
City of Morro Bay
Ordinance No. 467
Page 2
SECTION 1: Extension of Interim Prohibitions. No "adult entertainment business" as
defined in Section 2(A) of Ordinance No. 457 shall be established in any area of the City of
Morro Bay for an additional one (1) year period beyond the current effective period of the first
10 months and 15 day extension. Said extension to expire February 11, 1999.
SECTION 2: All other provisions of Interim Ordinance NO. 457 remain in full force
and effect.
PASSED AND ADOPTED by the Council of the City of Morro Bay at a regular public
meeting held on the 9th day of February, 1998 on a motion of Councilmember Elliott ,
seconded by Councilmember Peters , and on the following vote:
AYES: Anderson, Elliott, Peirce, Peters, Novak
NOES: None
ABSTAIN: None
ABSENT:
ATTEST: `�
/
_-^"J' i laustA
BRIDGEIAUER, City Clerk
APPROVED AS TO FORM
7
DAVID R. HUNT, Esq.
City Attorney
S:U4SOFFICE\WINWORDIPLAN&BLD RES- ORDIORD467.DOC
CATHY Mayor
• •
ORDINANCE NO. 466
AN ORDINANCE OF THE CITY OF MORRO BAY TO AMEND
CHAPTER 8.16 OF THE MORRO BAY MUNICIPAL CODE
THE CITY COUNCIL
CITY OF MORRO BAY, CALIFORNIA
The City Council of the City of Morro Bay does ordain Section 8.16 - Solid Waste Management is
amended as follows:
CHAPTER 8.16 - SOLID WASTE MANAGEMENT
I. General Provisions
846020 8.16.010 Short Title.
This chapter shall be known as the solid waste management ordinance. All reference to
"refuse ordinance" in this chapter are hereby amended to read "solid waste ordinance."
8.16.015 )Findings,
The City of Morro Bav finds that is necessary in order to preserve the environment and
protect the health safety and quality of life of the residents of Morro Bay and to conserve disposal
capacity. to provide for an efficient solid waste management system which includes collection of
solid waste and recyclable materials. The City of Morro Bay also finds it is necessary to assure that
all generators ofsolid waste and recyclable materials within the city are included in said collection
system It is further found that a stable revenue source is necessa to provide solid waste
management and recycling services as required by Federal and State mandates.
8.16.020 Purpose.
The health, welfare, and safety of the people of the city require that regulations and
procedures be established that will provide for the storage, collection and disposal of refuse and
waste materials that accumulate within the city, including recyclable material. The purpose of this
1 . • " • • • • - • 1." ILt Ik!. LI t •. •1 •_. • '1/2 L' • t. .• 1/2. •t
transportation. recovery of recyclable materials andsiisposal of solid waste in the City of Morro Bay
And provide for a stable revenue source with which the City of Morro Bay may provide adequate
management of solid waste. To assure the existence and continuance of the 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 chapter. (Ord. 369 §2 (part), 1990: Ord. 214 §1 (part), 1981)
H. Definitions
8.16.025 Collection defined,
"Collection" means the act of collecting solid waste or recyclable materials at residential
commerciaL industrial or govemmental sites. and hauling it to a facility for processing. transfer or
disposal,
1
• •
collection customer or account suitable containers, as determined by mutual agreement of the city
administrator or hisLlgl designated representative and the refuse recycling collector, for the purpose
of recycling glass, aluminum cans, newspapers and such other recyclable materials as may be added
to the curbside recycling program in the future. Refuse collection customers participating in said
recycling program shall place the recyclables specified for collection in the recycling container
provided by the refuse recycling collector and place such container adjacent to the customer's
standard refuse container(s) on each customer's regular refuse collection day. The refuse recycling
collector shall collect and remove such recyclables from each participating customer's premises and
transport the recyclables to an appropriate facility for processing. The city council shall have the
authority to adopt by resolution fees or charges to finance said recycling program pursuant to
Resolution No. 34 -82 establishing a policy relating to rate increases for refuse collection service.
Residential and commercial refuse collection customers may recycle through other organizations
of their choice; however, all refuse collection customers, including those not participating in the
recycling program, shall be required to pay a fee for said program as part of the refuse collection
charge as determined by the city council pursuant to this section and Section 8.16.170(A) and (C)
of this code. (Ord. 369 §3 (part), 1990)
INTRODUCED at a regular meeting of the City Council of Morro Bay, held on the 26th
day of January 1998 by motion of Councilmember Peirce , seconded by Councilmember
Peters .
PAST AND ADOPTED on the 9th day of February 1998, by the following vote:
AYES: Anderson, Elliott, Peirce, Peters, Novak
NOES: None
ABSENT: None
ATTEST:
Bridgett Ba City Clerk
APPROVED AS TO FORM:
David Hunt, City Attorney
11
Cathy Novak Mityor
•
8.16.030 Collection station defined.
"Collection station" means the location where the occupant of any premises places ref ise
solid waste in standard containers for collection by an authorized refuse an or recycling collector.
(Ord. 214 §1 (part), 1981)
8,16.033 Composting defined,,
"Composting" means the controlled biological decomposition of non - putrescible organic
wastes that are source separated from the solid waste stream.
8.16.035 Curbside recycling defined.
"Curbside recycling" means the physical separation of recyclable materials from other waste
materials by a refuse customer for placement in a separate container or containers of the binding of
recyclable materials separately from other waste materials for placement at the curb for collection
and removal by refine collector using a separate recycling vehicle for which a fee may be charged
as part of the refuse collection rate. (Ord. 369 §3 (part), 1990)
8.16.037 Disposal defined,
"Disposal" means the final disposition of solid wastes into a sanitary landfill or other legal
disposal location.
8.16.040 Disposal area defined.
"Disposal area" means an approved premises or site where the disposal of refuse not
produced on such premises or site is permitted to occur. (Ord. 214 §1 (part), 1981)
8.16.050 Garbage defined.
"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 and to which
putrescible food particles may adhere, including recyclable materials. (Ord. 369 §2 (part), 1990:
Ord. 214 §1 (part), 1981)
8.16.052 Hazardous waste defined%
flammable. an irritant a strong sensitizer. which generates pressure through decomposition. heat or
other means if such a waste or mixture of wastes may cause substantial personal injury. serious
jllness or harm to humans domestic animals. or wildlife during. or as an approximate result of any
disposal of such wastes or mixture of wastes as defined in Article 2. Chapter 6 5. Section 25117 of
the Health and Safety Code.
8.16.054 ]household hazardous waste defined,
"Household hazardous waste" means any hazardous waste generatedincidental to owning
or maintaining a place of residence. Household hazardous waste does not include any waste
generatedinslte course of operating a business concern at a residence,
2
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8.16.056 Landfill defined,
"Landfill" means a permitted management facility at which solid wastes and municipal solid
wastes are deposited and compacted before burial in a specially prepared area which provides for
environmental monitoring and treatment.
8.16.060 Persons defined.
"Persons" means any person individual firm, association, organization, partnership,
corporation, or company, and includes every public agency subject to the provisions of this chapter
and any officer thereof. (Ord. 214 §1 (part), 1981)
8.16.070 Premises defined.
"Premises" means the integral area of a parcel or lot, including improvements, to which
electricity and waster service are provided. (Ord. 214 §1 (part), 1981)
8.16.072 ) Putrescible wastes defined,
"Putrescible wastes" means wastes that are capable of being decomposed by micro-
organisms with sufficient rapidity as to cause nuisances because of' odors. gases. or other offensive
conditionss and includes materials such as food wastes. offal and dead animals
8714.07.7 8.16.074 Recyclable or recyclable material defined.
"Recyclable" or "recyclable material" means
be- reeyeled- those materials that are normally part of the solid waste stream which have market
value and can be segregated from non - recyclable waste and recycled. reused and/or composted.
(Ord. 369 §3 (part), 1990)
8.16.075 Recycle or recycling defined.
"Recycle" or "recycling" means the process of collecting, sorting, cleansing, treating, and
reconstituting materials that would otherwise become a part of the solid waste stream disposed at
a landfill, and returning them to the economic mainstream in the form of raw materials for new,
reused or reconstituted products which meet the quality standards to be used in the marketplace.
(Ord. 369 §3 (part), 1990)
8.16.076 Recycling collector defined
"Recycling collector" means. for the purpose of this chapter. an agent or employee of the
city. or any person. firm. corporation or association or the agents or the employees thereof with
whom the city shall have duly contracted and franchisedsrnder the terms set out in this chapter_ and
under the provisions of the general laws. to collect and transport recyclable material produced within
the limits of said city to a recycling facility for processing.
8..16.076 8.16.078 Recycling container defined.
"Recycling container" means a container(s) provided by a refuse recycling collector for the
purpose of storing recyclables that are to be collected ky in-e the City's curbside recycling program
eelfeetien -day. (Ord. 369 §3 (part), 1990)
3
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8.16.080 Refuse defined.
"Refuse" means all putrescible or non - putrescible solid and semisolid waste, whether
combustible or noncomustible, including garbage and rubbish , but
excluding hazardous waste materials as defined in Section 8.16.130 8.16.052. (Ord. 369 §2 (part),
1990: Ord. 214 §1 (part), 1981)
8.16.090 Refuse collector defined.
"Refuse collector" includes and means, for the purpose of this chapter, an agent or employee
of the city, or any person, firm, corporation or association, or the agents or the employees thereof,
with whom the city shall have duly contracted and franchised under the terms set out in this chapter,
and under the provisions of the general laws, to collect, transport through the streets, alleys or public
ways of the city, and dispose of refuse and/or waste material produced within the limits of said city.
(Ord. 214 §1 (part), 1981)
8.16.100 Rubbish defined.
"Rubbish" includes . • all refuse as defined
in Section 8.16.080, except that which is defined in Section 8.16.050 as garbage and Section
8.16.130 8.16.052 as ha ari dour waste material. (Ord. 214 §1 (part), 1981)
8.16.110 Standard container defined.
"Standard container" means a metallic can or plastic, watertight container with a close - fitting
cover, a cover handle and side bails, of thirty -five Iwo gallons or less in gross capacity, and not to
exceed seventy-five pounds in gross weight when filled. Said container(s) shall be provided by the
owner, occupant or the person maintaining the premises within the city. (Ord. 214 §1 (part), 1981)
8.16.120 Solid waste defined.
"Solid waste" is the term used to collectively refer to garbage, rubbish, refuse and ether
hazardous waste materials, and includes recyclable materials. (Ord. 369 §2 (part), 1990: Ord. 214
§1 (part), 1981)
8.16.125 Storage defined,
"Storage" means the interim containment of solid waste and recyclable materials in an
approved manner. after generation and prior to disposal.
8714430
III. Storage and Removal
8.16.140 Storage of solid waste material.
It is unlawful for any tenant, occupant, or owner of any residential, commercial or
manufacturing premises in the city to keep, deposit or accumulate any solid refuse -er waste material
or permit solid refuse-erwaste material to be kept, disposed or accumulated upon any lot or parcel
4
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of land on any public or private place, street or alley unless the same is stored in a standard
container. Said premises may utilize bin or dumpster containers to be place in conformance with
Section 8.16.160 and of the type and construction to prevent leakage or overflow.
Nothing in this section shall preclude a solid waste customer from privately hauling refuse.
rubbish and garbage to a landfill of their choice In addition. this section does not preclude the
storage or accumulation of recyclable materials for the purpose of recycling in conformance with
Section 8 16.500. nor does it preclude the storage of household hazardous waste during the time
period of its being used. (Ord. 214 §1 (part), 1981)
8.16.150 Removal of solid waste material.
It is unlawful for any person occupying or maintaining any premises within the city where
solid waste material is created, produced, accumulated or stored to allow the
solid waste material to be scattered about the premises in an unsightly,
hazardous or unsanitary manner. Any person storing solid waste material on
any premises within the city which may create a condition which is unsightly, hazardous, unsanitary
or a public nuisance shall be required to remove such solid waste materials. The
city health officer, or the code enforcement officer may compel the removal of solid waste refuse
and/or-waste materials pursuant to the provisions of Chapter 8.14 by citation with a notice to appear
in court or by the procedure for abatement of public nuisances. (Ord. 311 Exh. A (part), 1987: Ord.
214 §1 (part), 1981)
IV. Collection Stations
8.16.160 Solid waste material collection station.
Refuse and/or recycling containers shall be placed in areas at the curbline
where they will be readily accessible for collection. Said areas and access thereto shall be kept free
and clear of all obstacles, such as fences, doors, trellises, flowers, vines, and such that would
obstruct a clear passageway for removal of containers. Refuse and recycling containers shall not
be placed in any area where said containers will interfere with vehicular or pedestrian traffic on city
streets or alleyways. All refuse and recycling waste-materiel stations on all premises within the city
shall be maintained in the manner specified in Section 8.16.150 of this chapter. All premises,
whether residential, commercial or manufacturing, utilizing a bin or dumpster container as described
in Section 8.16.140 shall be required to place the refuse and recycling collection
station in the rear of said premises and the bin or dumpster container shall be placed in an approved
enclosure so that said container is out of public view. The mandatary refuse and recycling
collection services shall include the replacement of the bin container to the enclosed collection
station at said premises and, at no time other that the actual pickup shall the bin container be placed
in the public right -of -way. Special rates may be established by the city council for hardship cases
where placing of refuse material at the curbline for residential collection is impractical. (Ord. 214
§1 (part), 1981)
V. Collection and Disposal of Solid Waste
8.16.170 Use of solid waste collection and disposal service mandatory.
A. It is found and determined that the periodic collection of refuse
from all places in the city benefits all occupants
of places and premises in the city and in nearly every case the person who is the occupant of any
5
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place in or from which solid wastes are created, accumulated or produced has already contracted for
other municipal services to the premises.
B. Solid waste collection and disposal service subject to the limitations noted in this chapter
shall be provided by the city, and it shall be mandatory for all places and premises in the city in or
on which solid waste is created, accumulated or produced to use the city's collection service, except
for the curbside recycling program, in which participation is voluntary.
C. For the purposes of establishing liability and responsibility for the payment of fees and
charges referred to in this chapter, the party responsible for payment for refuse services is deemed
to be the person who has heretofore applied or will hereinafter apply for water service to each place
or premises within the city and all fees and charges hereinafter referred to in this chapter shall be
collected directly by the city or the authorized contract agent. (Ord. 369 §2 (part), 1990: Ord. 214
§1 (part), 1981)
8.16.180 Frequency of collection.
Refuse shall be collected by the refuse collector from every premises within the city at least
one time each week. Those premises within the city creating large volumes of refuse and/or waste
materials shall be required to receive collection service or cause the same to be removed under
provisions of this chapter at intervals of more than one time each week as need dictates to prevent
unsightly, hazardous or unsanitary conditions. (Ord. 214 §1 (part), 1981)
8.16.190 Time of collection.
Throughout the city, refuse and recycling collection shall be from seven a.m. through seven
p.m., Monday through Sunday. (Ord. 441 §2, 1995: Ord. 214 §1 (part), 1981)
8.16.200 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 Refuse
may be placed at the curb for collection not earlier than eight a.m. on the day preceding the day of
collection. The owner of empty rubbish, refuse containers shall remove them from the street not
later than eight p.m. on the day of collection. It is unlawful to place rubbish refuse at the curb so
that either the sidewalk, street gutter or any public right -of -way is obstructed. Bin or dumpster
containers shall be placed and handled in accordance with those provisions in Section 8.16.160.
(Ord. 214 §1 (part), 1981)
8.16.210 Collection vehicles.
All vehicles, conveyances, or containers used for hauling refuse and recycling material
within the city shall be of such construction as to comply fully with all laws, rules, and regulations
of the state and the county pertaining thereto, and shall be of a type and construction to prevent
leakage, spillage, or overflow. All refuse and recycling material in such vehicles, conveyances, or
containers shall be completely covered or compacted when en route from the last collection station
to the disposal area so as to prevent any refuse and recycling material from spilling, overflowing,
blowing, or dropping out of said vehicle, conveyance or containers. (Ord. 214 §1 (part), 1981)
6
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8.16.220 Dead animals.
Dead animals shall be disposed of by the poundmaster of the city as provided in Sections
7.12.070 and 7.12.080 if this code. (Ord. 214 §1 (part), 1981)
8.16.230 Ownership of refuse.
All refuse, upon being removed by a refuse collector from the premises where produced,
created or accumulated shall become and be the property and responsibility of the refuse collector.
(Ord. 214 §1 (part), 1981)
VI. Provision of Solid Waste Collection Service
8.16.240 Contract.
A. For the collection and disposal of refuse and certain solid waste materials, a contract for
a period not to exceed ten years may be entered into by the city, in accordance with and subject to
the terms and conditions of this chapter.
B. Such contract shall provide that the contractor shall collect and dispose of the refuse,
garbage, rubbish and other solid waste materials in the city in the manner as set forth in this chapter,
and shall not charge any amounts in excess of the rates specified in this chapter or by resolution
adopted hereunder. Said contractor shall be required to furnish a cash or surety bond to the city at
a rate equal to two hundred percent of the estimated monthly gross revenue for mandatory refuse
collection service of in the sum of twenty- thousand dollars, whichever is greater, conditioned upon
the faithful performance of the contract and the provisions of this chapter.
C. Said contract shall further provide that said contractor shall be required to dispose of all
such refuse or garbage and rubbish at a dump landfill approved by the county health department.
D. Such contract may provide therein for the rates for collection to be charged by the
contract agent for the collection and disposal of garbage, wet garbage, refuse and rubbish.
E. Such contract shall also require that said contractor procure for the period covered by the
contract, full compensation insurance in accordance with the provisions of the Labor Code of the
state.
F. Such contract shall also require that said contractor carry public liability insurance to the
extend of at least one hundred thousand dollars, upon each of the injury to one person and at least
five hundred thousand dollars for the death or injury of more than one person, and property damage
insurance of at least one hundred thousand dollars, upon each of the trucks or vehicles used by the
refuse collector in carrying out the work called for in the contract; such insurance to cover both the
city and the refuse collector. Said insurance amounts shall be reviewed periodically by the city and
amended by resolution as determined by the city council.
G. The city council by resolution shall have power to provide for the inclusion in such
contract of such terms as it deems necessary to protect the interests of the city. (Ord. 214 §1 (part),
1981)
VII. Disposal of Refuse
8.16.250 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 provided by others, and the city may
require the refuse collector to use such official or approved disposal area. (Ord. 214 §1 (part), 1981)
• •
8.16.260 Operation of disposal area.
The city council may, in its discretion, by enactment of an appropriate ordinance, resolution,
or by provisions 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. (Ord. 214 §1 (part), 1981)
8.16.270 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 regulations of the state and the
county. 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. (Ord. 214 §1 (part), 1981)
VIII. Burning or Burying Solid Refuse- andlor Waste Material
8.16.280 Burning.
No waste matter, combustible material or refuse shall be burned in the open air within the
city limits. No solid waste material-et—garbage shall be burned in any fireplace, incinerator or
container within a building located within the city limits. This section shall not apply to agricultural
burning pursuant to a permit issued by the San Luis Obispo Air Pollution Control Board or the city
fire chief, nor shall it apply to the burning of charcoal or wood for campfires or barbeques.
8.16.290 Burying solid refuse /or waste material.
It is unlawful for any person to bury solid refnse-and/or waste material on any premises,
public or private, within the city. Nothing in this section shall be interpreted to prohibit the act of
gimposting or the use of compost or any other decomposed organic material used for agricultural
and/or gardening purposes. (Ord. 214 §1 (part), 1981)
IX. Deposit of Solid dor Waste Materials in Public Places
8.16.300 Prohibited - Public places designated.
It is unlawful for any person to throw, deposit, or cause to be thrown or deposited, any refuse
and/er solid 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, except in
an approved disposal area. (Ord. 214 §1 (part), 1981)
8.16.310 Use of city- maintained containers.
City maintained trash containers are provided to prevent littering of streets and public areas
from individual outdoor uses incidental to picnics, camping, and outdoor consumption of food and
are not provided for large quantities of collected trash. It is unlawful to deposit yard trimmings,
household garbage, accumulated household trash, discarded wearing apparel, or other household
property. It is also unlawful to deposit trash generated by the conduct of a business enterprise.
(Ord. 214 §1 (part), 1981)
8
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X. Solid-Waste Refuse Collection Quantities and Service
8.16.320 Basic collection of refuse.
The refuse collector shall provide weekly collection of one standard approved container of
refuse for all places or premises in the city provided said containers are placed
at the curbline in conformance with provisions of Section 8.16.160 and 8.160.200. Those premises
within the city that create larger volumes of refuse antWerawastenttnerie1 shall be provided with
more frequent collection service as prescribed in Section 8.16.180 provided those premises establish
and maintain collection stations in accordance with the provisions of Sections 8.16.160 and
8.16.200. (Ord. 214 §1 (part), 1981)
8.16.330 Extra collection of refuse.
Extra refuse collection in quantities in excess of the amounts specified in Section 8.16.320
may be contracted for with the refuse collector in accordance with the schedules of the type of
service, quantities, and rate as set forth in Sections 8.16.360 through 8.16.380 and in conformance
with the provisions of Section 8.160.160 and 8.160.200. (Ord. 214 §1 (part), 1981)
8.16.340 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;
and any refuse not in the authorized
number of standard containers. 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
withing forty -eight 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 Sections 8.16.360 through
8.16.380. (Ord. 214 §1 (part), 1981)
8.16.350 Annual free collection of rubbish.
The refuse collector, in addition to providing mandatory collection service, shall provide a
free pickup of all rubbish, exclusive of garbage, from the curbline in front of each premises within
the city in conjunction with the city and community sponsored "Clean Up Week." All rubbish
placed in standard containers; boxes, cans, bales, bundles, or as separate items, none of which shall
exceed seventy-five pounds in weight, and five feet in length, 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 but not
limited to an annual basis to further encourage the beautification of the city and to help create a
cleaner and better place in which to live. (Ord. 214 §1 (part), 1981)
XI. Refuse Collection Charges
8.16.360 Rates established.
The city council shall, by resolution, establish the rates to be charged for the collection of
all solid -waste refuse by a licensed and duly contracted refuse collector. The city
council shall additionally have the authority to establish rates for special circumstances as
9
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detennined by the city council such as but not limited to hardship cases where placing of material
at curbline for residential collection is impractical. Rates and basis are given in the Master Fee
Schedule. (Ord. 369 §2 (part), 1990: Ord. 225 §38, 1982: Ord. 214 §1 (part), 1981)
8.16.370 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 is residential or
commercial service. (Ord. 214 §1 (part), 1981)
XII. Enforcement and Penalties
8.16.390 Administrator duty.
It shall be the duty of the city administrator or his authorized agents to enforce the provisions
of this chapter. Any permit or license of any type issued by any department or officer of the city
issued in conflict with the provisions of this chapter is declared null and void. (Ord. 214 §1 (part),
1981)
8.16.400 Franchise board.
A franchise board comprised of at least five city residents who are registered voters within
the city may be appointed by and to serve at the pleasure of the city council to conduct certain
business relating to mandatory refuse solid waste collection such as but not limited to hearing
complaints, conducting studies and making recommendations to the city council. (Ord. 214 §1
(part), 1981)
8.16.410 Violation - Severability.
Any person, whether as principal, agent, employee or otherwise, violating or causing the
violation of any of the provisions of this chapter is guilty of a misdemeanor /infraction, and upon
conviction, is punishable as set forth in Title 1 of this code. Any violation of this chapter 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. (Ord. 311 Exh. A (part), 1987: Ord. 214
§1 (part), 1981)
8.16.420 Adoption of rules and regulations.
The city council shall have the authority to adopt rules and regulations by resolution which
are intended to implement the refuse solid waste ordinance without necessity of amending the
ordinance provided that said resolutions do not in anyway contradict or change the ordinance. (Ord.
252, 1983)
XIII. Curbside Recycling
8.16.500 Curbside recycling program.
A city-wide curbside recycling program shall be conducted pursuant to such terms,
conditions, circumstances, regulations and procedures as determined by the city council and set forth
by resolution and/or amendment to the franchise agreement with the refuse recycling collector. The
refuse- recycling collector shall provide upon the request of any residential or commercial refuse
10
•
ORDINANCE NO. 465
AN ORDINANCE OF THE CITY OF MORRO BAY
TO REPEAL CERTAIN PROVISIONS AND AMEND
CERTAIN CHAPTERS AND SECTIONS
OF THE MORRO BAY MUNICIPAL CODE
THE CITY COUNCIL
CITY OF MORRO BAY, CALIFORNIA
WHEREAS, the City Council of the City Morro Bay does ordain as follows:
Section 1. Section 2.08.020 - Presenting Matter to Council is hereby repealed.
Section 2. Section 2.08.020 - Placing an Item on the Agenda (Council Member) is
added as follows:
Any Council Member may request an item be placed on a future agenda
during Declaration of Future Agenda Items, or in writing. On such an
item, staff will prepare a staff report if requested by a consensus of
Council and formal Council action is required on the item.
Section 3. Section 2.08.025 - Placing an Item on the Agenda (Public) is added as
follows:
A member of the public may request in writing, that a Council Member
place an item on a future agenda. A Council Member may then request the
item be placed on an agenda pursuant to Section 2.08.020.
Section 4. Section 2.12.180 - Hours of Employment is amended as follows:
The City Manager's hours of employment are specified in his/her
employment contract.
Section 5. Section 2.32.070 - Probationary Period is amended as follows:
Unless otherwise set forth in a Memorandum of Understanding with an
employee unit, all regular appointments, including promotional
appointment, shall be for a probationary period of not less than six
months. During the probationary period, the employee may be rejected at
any time without the right of appeal or hearing.
• •
Ordinance No. 465
Page Two
An employee rejected during the probationary period from a position to
which he has been promoted shall be reinstated to a position in the class
from which he was promoted unless he is discharged from the city service
as provided in this chapter and the rules.
Section 6. Section 5.32.040 - Mobilehome Review Board - Established - Members
- Terms. Section F is added as follows:
F. The City Council shall act as the Rent Review Board if one is not
otherwise appointed.
Section 7. Section 5.32.210 - Annual Report is amended as follows:
The rent review board staff shall present to the City Council each February
an annual report containing the activities of the rent review board, and
highlights of the board's actions. The report shall also contain
recommendations for improvements in the mobilehome ordinance and
shall provide an evaluation of the effectiveness of the ordinance. This
report shall not be necessary if the City Council is acting as the rent
review board. (Ord. 294 (part, 1986)
INTRODUCED at a regular meeting the of the City Council of Morro Bay, held
on the 26th day of January, 1998 by motion of Councilmember Peirce, seconded by
Council member Elliott.
PASSED AND ADOPTED on the 9th day of February, 1998, by the following
vote:
AYES: Anderson, Elliott, Peirce, Peters, Novak
NOES: None
ABSENT: None
ATTEST:
Bridgett Bair, City Clerk
APPROVED AS TO FORM:
City Attorney
Cathy Novak, `NI a r
• •
ORDINANCE NO. 464
AN ORDINANCE OF THE CITY OF MORRO BAY
EXTENDING THE TIME OF
AN INTERIM ORDINANCE PROHIBITING THE ISSUANCE OF PERMITS
FOR TWO STORY CONSTRUCTION AND ADDING
A PROHIBITION ON THE PLACEMENT OF CERTAIN MANUFACTURED HOMES
IN THE BEACH TRACTS
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, on October 27, 1997 the City Council received and considered the Planning
Commission's recommendation to initiate zoning ordinance amendments to reconsider the recent
change to the development standards for the Beach Tracts located west of State Highway 1 and
north of Azure Street; and
WHEREAS, the Planning Commission further recommended the zoning ordinance
standards for the placement of manufactured housing be reviewed and updated to conform to
State law; and
WHEREAS, based on public comments received the City Council found an immediate
threat to the public health, safety or welfare of the residents in the Beach Tracts, specifically
those tracts west of State Highway 1 and north of Azure Street; and
WHEREAS, based on said finding, the City Council by unanimous vote, ordained that
for those Beach Tracts as defined, no further permit applications will be accepted for processing
of any improvement which exceeds the requirements of the former S.2A special treatment
overlay zone standards as contained in former Morro Bay Municipal Code Section 17.40.030A.-
S.2A District; and
WHEREAS, the intent of this interim ordinance is to prohibit second story construction
in the Beach Tracts, including roof decks, for the period of time that the City is processing a
zoning ordinance amendment for the development standards for said Beach Tracts that may be in
conflict with such development as authorized by the City Council on October 27, 1997; and
WHEREAS, the interim ordinance is hereby amended to include a prohibition on the
placement of any manufactured home if more than 10 years has elapsed between the date of
manufacture of the manufacture home and the date of the application for the issuance of a permit
to install the manufactured home consistent with Government Code Section 65852.3; and
WHEREAS, staff prepared a report describing the issues and the ordinance amendments
that could be initiated to alleviate the conditions that led to the adoption of the interim ordinance,
and said report was available for public review from September 11, through October 27, 1997
and contains the information necessary for this time extension in accordance with Government
Code Section 65858(d); and
November 10, 1997
Ordinance No. 464 -- Interim Prohibition on
Certain Development in the Beach Tracts
Page 2
• •
WHEREAS, the City Council finds that a 10 month and 15 day extension of the interim
ordinance prohibiting certain types of residential construction on lots within the Beach Tracts in
the City of Morro Bay, which may be passed by at least four affirmative votes in accordance with
Government Code Section 65858(a), is necessary to preserve the public health, safety or welfare
of the residents in the Beach Tracts, specifically those tracts west of State Highway 1 and north
of Azure Street, because the 45 day limit on the initial urgency measure is an insufficient amount
of time to develop the appropriate regulations, hold required public hearings and obtain
certification from the California Coastal Commission; and
WHEREAS, the City Council finds that a 10 month and 15 day time extension will
prevent an influx of applications for residential development of the type currently under review;
NOW, THEREFORE, the City Council of the City of Morro Bay, California, does
ordain as follows:
SECTION 1: No further permit applications will be accepted for residential construction
projects located on properties in the Beach Tracts west of State Highway 1 and north of Azure
Street that exceed the standards of the former S.2A District that existed prior to February 14,
1997 as follows:
"Dwelling height limit, fourteen feet; provided, however, that for peaked roofs
and other architectural features, a height of up to seventeen feet may be permitted
provided such space above fourteen feet is not habitable space but above a ceiling
as attic space only.
SECTION 2: For the purposes of this interim ordinance, roof decks are considered to be
second story construction and are prohibited for those Beach Tracts as defined in Section 1.
SECTION 3: No further permit applications will be accepted for the placement of any
manufactured home, as defined by Government Code Section 65852.3, on residentially zoned
properties in the Beach Tracts as defined in Section 1, if more than 10 years has elapsed between
the date of manufacture of the manufacture home and the date of the application for the issuance
of a permit to install the manufactured home.
SECTION 4: The provisions of this Interim Ordinance No. 464 remain in full force and
effect for an additional 10 months and 15 days from the date of expiration of the initial urgency
measure adopted on October 27, 1997 for a period of 45 days, unless extended as provided by
State law. (expiration will be October 26, 1998)
•
November 10, 1997
Ordinance No. 464 -- Interim Prohibition on
Certain Development in the Beach Tracts
Page 3
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
public hearing held on November 10, 1997, on a motion by Anderson , seconded
by Peirce and on the following vote:
AYES: Anderson, Elliott, Peirce, Peters, Novak
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST:
BRIDGE BAUER, City Clerk
City of Morro Bay
APPROVED AS TO FORM:
DAVID R. HUNT, Esq.
City Attorney
CATHY NOV AK, Mayor
City of Morro Bay
•
D,a. O. 4(3
•
ORDINANCE NO. 463
AN ORDINANCE REVISING ORDINANCE 116, ORD. 124, ORD. 259, ORD. 308, ORD. 420
AND CHAPTER 10.32 OF THE MORRO BAY MUNICIPAL CODE TO MODIFY THE STATE
SPEED LIMIT ON CERTAIN STREETS OR PORTIONS THEREOF
THE CITY COUNCIL
City of Morro Bay, California
Ordinance No. 116, Ord. No. 124, Ord. No. 259, Ord. No. 308, Ord. No. 420 and Chapter 10.32
of the Morro Bay Municipal Code are hereby amended to read as follows:
10.32.010 Streets Designated: The prima facie speed limit shall be as set forth in this section on those
streets or portions thereof designated in this section when signs are erected notice thereof:
Name of Street or Portion Affected
Speed Limit
(Miles per Hour)
Main Street: Yerba Buena Street to Atascadero Road
(State Highway 41) 40
Main Street: Atascadero Road (State Highway 41) to State
Highway 1 on /off ramp (N. of Radcliffe) 35
Main Street: State Highway 1 on /off ramp (N. of Radcliffe) to
Quintana Road 30
Main Street: Marina Street to Morro Bay State Park 30
Quintana Road: Main Street to Kennedy Way 35
Quintana Road: Morro Bay Boulevard to La Loma Avenue 30
Quintana Road: La Loma Avenue to Easterly City Limits 40
South Bay Boulevard: State Highway 1 to Southerly City Limits 40
Avalon Street: Laurel Avenue to Main Street 25
_ _ _ Atascadero Road. State Highway 1 to Embarcadero Road 25
• •
Speed Limit
Name of Street or Portion Affected (Miles per Hour)
Piney Way: Morro Bay Boulevard to Main Street 25
Embarcadero Road. Beach Street to Coleman Drive 25
Coleman Drive: Embarcadero Road to Morro Rock 25
INTRODUCED at the regular meeting of the City Council of Morro Bay held on the 27th day
of October, 1997, by motion of Councilmember Elliott and seconded by Councilmember Peters.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held
on the 10th day of November, 1997, by the following vote.
AYES: Anderson, Elliott, Peirce, Peters, Novak
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
•
BRIDGETT( AUER, City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
3
v3 N GAL-
CATHY NOV , Mayor
• •
ORDINANCE NO. 462
AN ORDINANCE OF THE CITY OF MORRO BAY
TO AMEND AND ADOPT CERTAIN SECTIONS
OF THE MORRO BAY MUNICIPAL CODE
THE CITY COUNCIL
CITY OF MORRO BAY, CALIFORNIA
The City Council of the City of Morro Bay does ordain as follows:
Section 1. Section 2.24.150 - Uses of parks/facilities requiring permits (Ord. 276 (part), 1986)
is hereby amended to read as follows:
2.24.150 Uses of parks /facilities requiring permits.
A. Any persons or organizations must obtain a permit for use of any portion of any
public recreational facilities, parks or other public property +ands of the city for the
purposes provided in this chapter, in the manner set forth by the recreation and parks
commission.
B. If application for permit is found in good order and in compliance with
guidelines adopted by the recreation and parks commission, the persons or organizations
shall be granted use of the facility, park and/or city land as requested.
C. In the event that the director or his their duly appointed representative refused
to grant the permit, the applicant may appeal such refusal in writing to the recreation and
parks commission by filing notice thereof in writing with the director within thirty days
following refusal of the permit. The commission shall consider such appeal at its next
meeting following the filing of such appeal. The commission, by majority vote, may affirm
or overrule the action of the director and may, in overruling, impose such conditions or
changes as the commission deems reasonable.
D. Uses requiring a person or organization to obtain a permit include the
following:
1. Persons or groups proposing to erect or maintain a table, booth or similar
structure;
2. Groups of persons, exceeding seventy-five in number;
3. Persons or groups desiring to reserve a facility or park for a limited time for heir
exclusive use;
4. Any persons or groups desiring to make solicitations or sales;
5. Any person or group desiring to hold a contest, demonstration or exhibit in a
park or facility for which an admission or entry fee is charged;
6. Any person or group engagi• • in the sale or consumption of an alcoholic
beverage as defined in Chapter 9.18 of this code.
E. All permits issued pursuant to this chapter are to be honored by all persons or
groups when presented with a valid copy of this permit.
•
Section 2. Chapter 9.18 -
(Ord. 327, 1988) is hereby retitled to ALCOHOLIC BEVERAGE CONTROL,
REGULATIONS and is hereby amended to read as follows:
•
•
•::
Chapter 9.18
ALCOHOLIC BEVERAGE CONTROL REGULATIONS
Sections:
9.18.010 Purpose.
9.18.020 Definitions.
9.18.030 Prohibitions in on public places property.
9.18.040 Exceptions ' .
9.18.050 Public notice of regulation
9.18.060 Violation - Penalty
9.18.010 Purpose.
Consumption of al.,uhai alcoholic beverages by individuals in public places
1i. yu.11t d Ly 11,1., .'L MI In a.1d tlIt, y.,,,a 1al pubh. ca„ 1a ault w J1s1upt1 11 of tl,. fice
uSt. of ail d nlu,cn,cut wt tL;11 public Vla.,., frequently results in the disruption of the free
use. movement. and enjoyment of public places and imposes an extraordinary burden on
city employees charged with maintaining the public safety, In order to serve the public
health, safety and welfare, the declared purpose of this chapter is to prohibit regulate the
consumption and possession of alcoholic beverages n1'A,,tail, on public areas property
within the city limits of Morro Bay.
9.18.020 Definitions.
For the purpose of this chapter, the following words shall be defined as follows:
A. "Alcoholic Beverage" means alcohairspiritsrliquariwineTbeerand every liquid
or solid containing alcohol spin ita, wu ,,, Lcc1, a11.1 wl1i. L cv „tail„ v1,. half .,f v „c
pun.. nt v, umut., vl alwbvt by vu turns at wlm
yr whcn ddutkd, n,; ...1 e1 .,v,11L 1..1 with vt11.1
Business and Professions Code Section 23004.
D. "Alcellehc 4., 1., Qnntrol IBC)” Ill Ga„S t11c .Blatt Alcvtlot BcvC1a6G
Co„t,el Da part „lent. ”
B, ” Public place" means any public sidewalk. street. parking lot. alley. highway,
park. beach. or any municipally owned. leased. or operated facility. building . pier. or
other public property opened to the general public within the City of Morro Bay,
C. "Certain public plac.,s" 11,cans any pbbhL. sidewalk, parking an.a all. y, �ticct,
ga, pw pvacS, .,dL a dlVIM,
as defined under California
•
9.18.030 Prohibition in certain public places.
•
ala.Vl10h... W VGI aS..J at a.cl talll Jp.A.Illa. pLLLlla, plaa.cJ. TIIIJ JVt.tivll Shall 1lut
11taAc punl3luaUk ally
Vtln.1 law Of tLG Jtatc.
wluGll aIc pies it Uy Lila. V L. l,vUc v1 Vy
1
It is unlawful for any person to have in their possession or on their person any
bottle, can, container, or other receptacle, containing any alcoholic beverage which has
been opened, or a seal broken, or the contents of which have been partially removed, or to
consume alcoholic beverages in any public place in the city.
9.18.040 Exceptions ' .
TLc consumption, poSJws1Od Of vpWl Gvutau•1lclJ v1 Jal. of alwhylla lnvclagw uI
t.a.rtaw public pIac..J wlla.lc Flu ub1tcal Ly a.Ily COu 1a 1I IGSV IUl1Vli ulay
Apt CSJIf
• •'
w Ins • • • . • I .. • . • . • •
t.Vllr.d.d RA.a, plyvtLLl.0 LLaL Juadl pa,
u dmalt Of tl1a. Glty d11a1 all hcensC 1G4LILGu1GutJ Ot tI&
The possession of open alcoholic containers or the consumption of alcoholic
beverages in a public place is permitted under the following conditions;
A. The possession and consumption of the alcohol is conducted on the premises of
A business or other place that is licensed by the State of California Department of
Alcoholic Beverage Control.
J3. An individual person or group involved in the possession and consumption of
the alcoholic beverages has been issued a public use permit allowing for the possession
and consumption of the alcoholic beverages in accordance with Morro B.y Municipal
Code Section 2.24.150.
C. The City Council. by resolution. has provided for temporary or limited
hibiti. as a f. rth i ' : i - I • .. . re. - vent
•
Jwt tV
LA/ I N It Iv11J, 1a.bulatItJII all
'.e'r .! s 'BO
Of
property,
9.18.050 Public notice of regulation
As determined by city council resolution,
Uf vpa a wutauluJ u plvlubita d u1 CC' Idol public pIaCGa, public not1Ge Of Q6 dctlon 51 all
public notice of the regulation of the possession of open alcoholic containers and
consumption of alcoholic beverages in public places as described in this chapter. may be
made through newspaper publication of t110 aa.t, posting of signs or other appropriate
means as way pI V v., that the city council determines to be necessary.
• . • . I.
9.18.060 Penalty - Violation
Any person who violates any provision of this chapter is guilty of an infraction,
and, upon conviction thereof, is punishable as set forth in Title 1 of this code.
• •
INTRODUCED at a regular meeting of the City Council of the city of Morro Bay at a
regular meeting held on the 27ih day of October, 1997, on motion of Councilmember Rodger
Anderson, seconded by Councilmember Dave Elliott.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Morro
Bay at a regular meeting held on the 10th day of November, 1997, by the following vote:
AYES: Anderson, Elliott, Peirce, Peters, Novak
NOES: None
ABSENT: None
ATTEST:
Bridgett B
er, City Clerk
APPROVED AS TO FORM:
City Attorney
( lc
Cathy Nov Mayor
• •
t$.. I-Upl
• •
ORDINANCE NO. 461
AN ORDINANCE OF THE CITY OF MORRO BAY
TO REPEAL CERTAIN PROVISIONS AND
AMEND OR ADOPT CERTAIN CHAPTERS AND SECTIONS
OF THE MORRO BAY MUNICIPAL CODE
THE CITY COUNCIL
CITY OF MORRO BAY, CALIFORNIA
The City Council of the City of Morro Bay does ordain as
follows:
Section 1. Chapter 2.36
(Ord. 333, Sec. 1, 1988: Ord. 44 Sec.1
code Sec. 21102) is hereby repealed.
Section 2. Chapter 2.40 POLICE RESERVE (Ord. 86, Sec. 1
(part), 1970: prior Code Sec. 21301 thru 21313) is hereby
repealed.
(part), 1966: prior
Section 3. Chapter 3.40 is
hereby retitled to NEGLIGENT ACT FEES - COST RECOVERY.
Section 4. Chapter 5.16 PRIVATE PATROL CERVICEG (Ord. 231
Sec. 1 (part) 1982) is hereby repealed.
Section 5. Section 9.04.060 - Absence of city administrator is
hereby amended to read as follows:
9.04.060 Absence of city adminiotrator manager
"In the event both the mayor and the city adminiotrator
manager are absent from the city, or are otherwise
unavailable, during a riot, general civil disobedience, or
threat of the same, any and all of the powers granted by this
chapter to the mayor may be exercised by the mayor pro tempore
and in the event he the mayor pro tempore is absent from the
city or otherwise unavailable, by the a00iotant city
adminiotrator designated acting city manager; and any and all
powers granted by this chapter to the city adminiotrator
manager may, in the event he the city manager is absent or
otherwise unavailable during such a riot, general civil
disobedience, or threat of the same, be exercised by the
_ = designated acting city manager."
• •
Section 6. Chapter 9.08 CURI'Cw (Ord.31 Sec. 1 (part), 1965:
prior code Sec. 11300) is hereby repealed and replaced by the
new Chapter 9.08 - CURFEW FOR MINORS which is adopted to read
as follows:
Chapter 9.08
CURFEW FOR MINORS
Sections:
9.08.010 Purpose
9.08.020 Definitions
9.08.030 Minor Curfew Hours
9.08.040 Procedure for First Offense
9.08.050 Procedure for Subsequent Offense
9.08.060 Recovery of Costs
9.08.070 Parent or Guardian Responsibility
9.08.010 Purpose
This chapter is enacted by the City to accomplish the
following purposes:
A. To provide young people with the ability to make
reasoned -judgments, resist peer group pressure and understand
that the consequences of improper behavior increase with age,
knowledge and experience, all of which are likely to increase
as a person grows older, and these factors iustifv the
application of a curfew to minors, and not adults; and
B. Juvenile crime, especially nighttime crime where
minors have increasingly been victims, has increased over the
years and iurisdictions enforcing a nocturnal -juvenile curfew
have experienced a reduction in crime and noncriminal
mischief; and
C. To safeguard the integrity of the City by enabling it
to recoup law enforcement costs of identifying, detaining, and
transporting minors who violate curfew ordinances to their
place of residence; and
D. To reinforce parental authority and supervision and
encourage parents and legal guardians to exercise reasonable
and necessary care, supervision, and control of their minor
children so as to prevent them from committing irresponsible
or unlawful acts including involvement in any criminal street
gang activity; and
E. Provide young people with appropriate protection and
guidance in order to become educated, responsible citizens and
to behave acceptably in public.
9.08.020 Definitions
The following definitions shall apply to this ordinance:
A. Minor: Any person under the age of eighteen.
B. Loiter: To idly remain or linger at a fixed location
either within or outside of a vehicle, without lawful purpose
•
as listed in this chapter, for a period of time in excess of
ten (10) minutes.
C. Wander: To move about other than by means of a motor
vehicle circuitously or without a consistent direction.
D. Aimlessly drive or ride about: To travel in or on a
motor vehicle circuitously or without a consistent direction.
E. Motor Vehicle: Any vehicle that is self propelled as
set forth in California Vehicle Code Section 415.
9.08.030 Minor Curfew Hours
It is unlawful for any person, under the ape of eighteen
(18) years, to loiter, wander, aimlessly drive or ride about,
in or upon any public street,_ avenue, highway, road, curb
area, public place, public building or other public ground,
place of amusement or other entertainment, eating place,
vacant lot, or any other place between the hours of:
11:00 p.m. on Sunday through 5:00 a.m. on Monday;
11:00 p.m. on Monday through 5:00 a.m. on Tuesday;
11:00 p.m. on Tuesday through 5:00 a.m. on Wednesday;
11:00 p.m. on Wednesday through 5:00 a.m. on Thursday;
11:00 p.m. on Thursday through 5:00 a.m. on Friday;
12:01 a.m. on Saturday through 5:00 a.m. on Saturday;
12:01 a.m. on Sunday through 5:00 a.m. on Sunday;
provided, however, that the provisions of this section do not
apply:
A. When the minor is accompanied by a parent, spouse,
guardian, or other responsible adult; who has legal
responsibility for supervision of the minor;
B. When the minor is upon any errand directed by his or
her parent, spouse, guardian, or other adult having legal
responsibility for said minor;
C. When the minor is returning directly to his or her
home or other place of residence after having attended a place
of amusement, entertainment, recreational activity, school
function, or social call;
D. When the minor is going directly to his or her place
of lawful employment or volunteer work at a charity
institution or while returning directly to his or her home
or other place of residence after having left his or her place
of lawful employment or charity work without detour or stop;
E. When the minor is in a motor vehicle involved in
intrastate or interstate transportation for which passage
through the curfew area is the most direct route;
F. When the minor is exercising his or her First
Amendment Rights protected by the United States or California
Constitution, including but not limited to the free exercise
of religion, freedom of speech, and freedom of assembly;
G. When the minor is "emancipated" in accordance with the
California Family Code or other applicable state law;
H. When the minor is on the sidewalk abutting the minor's
residence or abutting the residence which is immediately
adiacent to the minor's residence;
I. When the minor is waiting at a bus stop for
transportation.
• •
9.08.040 Procedure for First Offense
Upon the first violation of section 9.08.030 a law
enforcement officer shall issue to the minor a warning
citation regarding their consequences of a second violation of
this ordinance. A representative of the police department
issuing the citation shall mail to the parents or legal
guardian of the minor a notification stating that upon a
second violation. the parents or legal guardian may be held
liable for actual administrative and transportation costs. The
parents or legal guardian shall be required to sign and return
the notification.
9.08.050 Procedure for Subsequent Offense
Except as provided in section 9.08.040, law enforcement
officers are authorized to temporarily detain any minor on a
reasonable suspicion based on articulable facts that the minor
is in violation of section 9.08.030, and to transport that
minor to his or her place of permanent or temporary residence
within the state, whether the place of residence is located
within or outside of the jurisdiction, or to the custody of
his or her parents or legal guardian. A law enforcement
officer may decide not to temporarily detain and transport a
minor if he or she determines that the minor has a legitimate
reason based on extenuating circumstances for violating this
ordinance.
9.08.060 Recovery of Costs
A fee for the actual costs of administrative and
transportation services for the return of the minor to his or
her place of residence, or to the custody of his or her
parents or legal guardian, maybe charged jointly or severally
to the minor, his or her parents, or legal guardian, in an
amount not to exceed those actual costs. Upon petition of the
person required to pay the fee, the police department shall
conduct a hearing, pursuant to Welfare and Institutions Code
Section 625.5(e), as to the validity of the fees charged and
may waive payment of the fee, or provide for the performance
of community service in lieu of the imposition of the fee, by
the minor, his or her parents, or legal guardian upon a
finding of good cause.
9.08.070 Parent or Guardian Responsibility
It is unlawful for any parent, guardian, or any adult
person having legal responsibility for a minor, under the age
of eighteen (18) years to willfully and knowingly permit or
allow such minor to violate section 9.08.030 of this Chapter.
Any person violating the provisions of this section shall be
deemed guilty of an infraction and, upon conviction thereof,
is punishable as set forth in Title 1 of this code.
• •
Section 7. Chapter 9.16 FIREARM AND MICCILEG (Ord. 190,
1980, prior Ord. 163), is hereby repealed and a new Chapter
9.16 - DANGEROUS OR DEADLY WEAPONS is hereby adopted to read
as follows:
Chapter 9.16
DANGEROUS OR DEADLY WEAPONS
Sections:
9.16.010 Dangerous or Deadly Weapons Defined
9.16.020 Discharge Prohibited
9.16.030 Exemptions
9.16.040 Weapons declared a Nuisance
9.16.050 Violations - Penalty
9.16.010 Dangerous or Deadly Weapons - Defined
The term "dangerous or deadly weapons" as used in this
ordinance includes, but is not limited to, any revolver,
pistol, shotgun, rifle, or other firearm from which is
expelled a projectile by the force of any explosion, or other
form of combustion, and any air gun, "B -B" gun, gas operated
gun, spring loaded gun, slingshots hunting bow and arrow, blow
gun, or any other device capable of catapulting, dispelling,
or discharging any projectile, missile, or other object
capable of causing injury or damage.
9.16.020 Discharge Prohibited
It is unlawful for any person to fire, discharge or cause
to be emitted any projectile, missile or object from anv
dangerous or deadly weapon within the city limits without the
written permission of the Chief of Police.
9.16.030 Exemptions
Nothing in this chapter is meant to restrict or apply to
any duly appointed peace officer or member of the Armed Forces
in the discharge of their duty, or any other person who is
necessarily assisting such peace officers in the performance
of their duties, when necessarily and legally acting in self
defense, or when performed at any permitted pistol, rifle,
sport, testing or archery range.
9.16.040 Weapons Declared a Nuisance
Any dangerous or deadly weapon described and used in
violation of this chapter, upon conviction of the defendant or
upon a juvenile court finding that an offense which would have
been a violation under this ordinance if committed by an adult
was committed or attempted by a juvenile, is declared to be a
nuisance and the same shall be surrendered to the Chief of
Police, and shall be destroyed or otherwise disposed of, as
provided by the provisions of California Penal Code Section
12028 unless otherwise ordered by the court.
• •
No stolen, lawful weapon shall be destroyed pursuant to this
chapter unless reasonable notice is given to its lawful owner.
if his or her identity and address can reasonably be
ascertained, and the lawful owner has the opprtunity for
the return of their property.
9.16.050 Violation - Penalty
Any person who violates any provision of this chapter is
guilty of an infraction, and, upon conviction thereof is
punishable as set forth in Title 1 of this code.
Section 8. Section 9.18.060 - Violation - Penalty is amended to
read as follows:
"It io unlawful for any peroon to violatc any provioion
of thio chaptcr. Any peroon violating or failing to comply
with any rcquircmcnto of thio chaptcr ohall be guilty of a
m‘edemeeee* Any person who violates any provision of this
chapter is guilty of an infraction, and, ohall `-- ';ab e undo
thc provioiono upon conviction thereof, is punishable as set
forth in Title 1 of this code (Ord. 327, Sec. 6, 1988).
Section 9. Chapter 9.20 DRUC PARAPIIERNALIA (Ord. 183 (part)
1980) is hereby repealed.
Section 10. Chapter 9.24 NO CMOKING ARBAC (Ord. 289 (part),
1986, prior Ord. 170) is hereby repealed.
Section 11. Chapter 9.27 CECOND RECPONCE RECOVERY CIIARCEC PO11
TOLE CERVICEG (Ord. 379, 1990), is hereby retitled and
rechaptered to Chapter 3.50 - SECONDARY DISTURBANCE RESPONSE -
COST RECOVERY.
Section 12. Chapter 9.32 PUDLIC NUDITY (Ord.317, 1988) is
hereby retitled to read as PROHIBITED CONDUCT.
Section 13. Section 9.32.010 - Findings - Intent is hereby
amended to read as follows:
"The City Council finds and declares that all citizens
and members of the public are entitled to use the beaches,
parks, playgrounds, public property and other natural
resources in their city; it is in the public interest and
necessary to the public health, safety and welfare that the
beaches, parks, playgrounds, public property and resources be
utilized and enjoyed by as many people as possible; the
appearance of persons thereon without clothing, and with the
privatc parto of thcir bodico cxpoocd exposing the private
parts of their bodies, or engaged in any other specified
offensive conduct that endangers the public health, interferes
with the right of all persons to use and enjoy the beaches,
parks, playgrounds, public property and other resources by
causing many persons to leave and others not to come to such
• •
•
places and by causing embarrassment, discomfort and offense to
persons living in the vicinity thereof; and such nudity or
specified offensive conduct imposes an extraordinary burden on
city employees charged with the maintenance and safety
thereof. It is the intent of the Council to prohibit nudity or
other specified offensive conduct in such places, irrespective
of sexual motives or conduct (Ord. 317, Sec.1 (part) 1988).
Section 14. Section 9.32.020 - Prohibition of Public Nudity is
hereby amended to read as follows:
"No person shall appear, bathe, sunbathe, walk, dress or
undress or be on or in any public beach or the waters adjacent
thereto, park, playground, square, preserve, avenue, street,
lane, alley or other public land or on or in any private
property opened to the public view from any public beach,
playground, park, public place or public right -of -way within
the incorporated area of the city in such a manner that the
genitals, vulva, pubis, pubic hair, buttocko, creaoc of the
buttocks, natal cicft, perincum, anuo, anal rcgion or pubic
hair rcgion pubic hair, buttocks, anus, anal regions or pubic
hair region of any person, or any portion of the breast at or
below the upper edge of the areola thereof of any female
person except as necessary while breast feeding an infant, is
exposed to public view or is not covered by an opaque
covering.
This section does not apply to children under the age of
eight (8) years or live theatrical performances performed in
a theater, concert hall, or similar establishment which is
primarily devoted to theatrical performances. The phrase
"theater, concert hall or similar establishment" shall mean a
building, playhouse, hall or other place having fixed seats so
arranged that a body of spectators can have an unobstructed
view of the stage upon which theatrical performances or
similar forms of artistic expression are presented, and where
such performances are not incidental to the promoting of the
sale of food, drink or other merchandise and for which a city
license or permit for a theater is in full force and effect.
(Ord. 317, Sec. 2(part), 1988)."
Section 15. Section 9.32.030 - Excmptiono (Ord. 317, Sec. 3,
1988) is hereby repealed and is replaced with a new Section
9.32.030 - Urination and Defecation in Public Places which is
hereby adopted to read as follows:
"No person shall urinate or evacuate their bowels on
private property in an area exposed to public view or on any
public street, sidewalk, alley, park, playground, beach or
other public place, except in a public restroom."
INTRODUCED at a regular meeting of the City Council of the City of Morro Bay at a
regular meeting held on the 28i6 day of July, 1997, on motion of Councilmember Elliott,
seconded by Councilmember Peirce.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Morro
Bay at a regular meeting held on the 111h day of August, 1997, by the following vote:
AYES: Anderson, Elliott, Peirce, Peters, Novak
NOES: None
ABSENT: None
ATTEST:
•
Bridgett B 1�er, City Clerk
APPROVED AS TO FORM:
City Attorney
Cathy Nov Mayor
• •
ORDINANCE NO. 460
AN ORDINANCE OF THE CITY OF MORRO BAY, CALIFORNIA
AMENDING CHAPTERS 2.16 AND 2.20 OF THE MORRO BAY MUNICIPAL CODE
PROVIDING FOR A DESCRIPTION OF THE OFFICE OF CITY ATTORNEY,
THE DUTIES OF THE OFFICE AND COMPENSATION FOR THE OFFICE
WHEREAS, the government of the City of Morro Bay is vested under Government Code
Section 36501 in, among others, such subordinate officers or employees as are provided for by
law; and
WHEREAS, Government Code Sections 41801, et.seq. provide that a general law city
may appoint a city attorney, specify the duties of the city attorney, and provide compensation for
the city attorney; and
WHEREAS, it is necessary for the City of Morro Bay to specify the powers, duties,
responsibilities and compensation of the office of the city attorney for the City of Morro Bay.
NOW, THEREFORE, the City Council of the City of Morro Bay does ordain as
follows:
SECTION 1,: Chapter 2.16 of Title 2 of the Morro Bay Municipal Code shall be amended to
add Section 2.16.070 as follows:
Section 2.16.070: City Attorney - Office.
A. The office of the city attorney for the City is created. To be eligible for
appointment as city attorney, the appointee shall have been admitted to practice as an
attorney at law in all of the state courts of California and the United States District Court
for the Central District of California, and shall have been engaged in the practice of law
for at least five years immediately prior to his or her appointment.
B. The city attorney shall serve at the pleasure of the City Council, and may be
removed, at any time, upon an affirmative vote of not less than three members of the
Council. Notwithstanding the foregoing sentence, the removal of the city attorney shall
not affect any contractual obligations of the City to the city attorney.
• •
SECTION 2: Chapter 2.16 of Title 2 of the Morro Bay Municipal Code shall be amended to
add Section 2.16.080 as follows:
Section 2.16.080: City Attorney - Duties.
A. The city attorney shall advise the city officials in all legal matters pertaining to
city business. The city attorney shall prepare such ordinances, formal resolutions,
contracts or other legal instruments as may be required by the City Council. The city
attorney shall attend all regular meetings of the City Council, and other meetings as
requested by the City Council, and give advice or opinions in writing whenever requested
to do so by the City Council, or with the approval of the City Manager, by any of the
boards or officers of the City. The city attorney shall approve the form of all bonds given
to and all contracts made by the City, endorsing approval thereon in writing. The city
attorney shall monitor existing and pending legislation which may affect the City. The
city attorney shall periodically report to the City Council on pending and threatened
litigation in which City is a party or otherwise interested. The city attorney shall perform
other legal services required from time to time by the City Council.
B. With the consent of the district attorney of the county, the city attorney may
prosecute any misdemeanor committed within the City arising out of violation of state
law. The city attorney shall also prosecute on behalf of the people of the City all actions
for violation of City ordinances or the City's municipal code. Whenever the city attorney
is acting as a prosecutor in a criminal case pursuant to this subsection, he or she shall
have the power to issue subpoenas in a like manner as the district attorney.
C. With the approval of the City Manager, the city attorney may appoint qualified
persons as assistant city attorneys, and the city attorney may delegate any or all his or her
duties to such assistants. With the approval of the City Manager, the city attorney may
retain or employ other attorneys, assistants, or special counsel as may be needed to take
charge of any litigation or legal matters or to assist the city attorney therein.
SECTION 3: Chapter 2.20 of Title 2 of the Morro Bay Municipal Code shall be amended to
add Section 2.20.050 as follows:
Section 2.20.050: City Attorney
The city attorney shall receive such compensation as is allowed by the City Council.
Such compensation shall be a proper charge against such funds of the City as the City
Council shall designate.
SECTION 4: This ordinance shall go into effect and be in full force and operation from and
after thirty days after its final passage and adoption.
2
• 1
SECTION 5: The City Clerk shall certify to the passage and adoption of this ordinance, shall
enter the same in the book of original ordinances of the City; shall make a minute of the passage
and adoption thereof in the records of the meeting which the same is passed and adopted, and
shall within fifteen days after the passage and adoption there of cause the same to be published
once in the Sun - Bulletin, a local newspaper of general circulation, published and circulated
within said City of Morro Bay and which is hereby designated for that purpose.
INTRODUCED at a regular meeting the of the City Council of Morro Bay, held on the
27th day of May, 1997 by motion of Councilmember Elliott, seconded by Councilmember
Peirce.
PASSED AND ADOPTED on the 9th day of June, 1997, by the following vote:
AYES: Anderson, Elliott, Peirce, Peters, Novak
NOES: None
ABSENT: None
ATTEST:
•
Bridgett B. -r, City Clerk
APPROVED:
Dave Howell, City Administrator
APPROVED AS TO FORM:
City Attorney
3
Cathy Novalct, Mayor
1 •
ORDINANCE NO. 459
AN ORDINANCE OF THE CITY OF MORRO BAY
TO REPEAL CERTAIN PROVISIONS AND
AMEND CERTAIN CHAPTERS AND SECTIONS
OF THE MORRO BAY MUNICIPAL CODE
THE CITY COUNCIL
CITY OF MORRO BAY, CALIFORNIA
The City Council of the City of Morro Bay does ordain as follows:
Section j. Section 1.04.120 (Ord. 6, Sec. 1 (part), 1964; prior Code Sec. 1308) is hereby
repealed.
,Section 2. Section 1.04.130 (Ord. 6, Sec. 1 (part), 1964; prior Code Sec. 1328) is hereby
repealed.
Section 3. Section 1.12.010 - Public place for posting notices is hereby amended to read as
follows:
"Thc following-are-officially d,sig.,atcd as public places for thc posting of all
CC
The officially designated public places for the posting of all public meeting notices
will be established by resolution.
Section I.12.010(A)is hereby repealed. (Ord. 272, Sec. 1 (part), 1985; Ord. 6, Sec. 1 (part),
1964; prior Code Sec. 2500).
Section 4. Section 1.16.030 - Penalties for infractions is hereby amended to read as follows:
"Unless otherwise specified, each and every violation of a provision of this code
which is an infraction is punishable by:"
A. A fine not exceeding one hundred dollars for the first violation;
B. A fine not exceeding two hundred dollars for a second violation of the same
provision within one year;
C. A fine not exceeding five hundred dollars for each additional violation (after
the second) of the same provision within one year of the first violation. (Ord. 311,
Exhibit A (part), 1987).
1
• •
Section 5. Section 1.16.050 - Code Enforcement Officer is hereby amended to read:
"The title of Code Enforcement Officer is created. The duties of such named public
officer shall be limited to the enforcement of municipal code violations, and such
person shall be authorized to exercise the powers set forth in Section 836.5 of the
California Penal Code and to make arrest only for the purpose of issuing citations
for violation of the municipal code which constitute infractions or misdemeanors.
This provision shall not apply to peace officers as designated by Section 830.1 of
the California Penal Code. (Ord. 311, Exhibit (part), 1987)."
Section 6. Section 1.16.070 - Citation procedure for violations is hereby amended to read as
follows:
A. "Any city officer or employee arresting any person for a violation of any
provision of this code, who does not immediately take such arrested person before a
magistrate, as prescribed in the California Penal Code, shall adhere to the
procedures set forth in California Penal Code Section 853 et seq."
B. Section B is hereby deleted in its entirety. (Ord. 311, Exhibit A (part),
1987).
Section 7. Section 1.16.080 - Failure to appeal is hereby repealed as this procedure is
preempted by Section 853.6 of the California Penal Code. (Ord. 311, Exhibit A (part),
1987).
Section 8. Section 1.16.090 - Warrant for arrest upon failure to appear is hereby repealed as
this procedure is preempted by Section 853.8 of the California Penal Code. (Ord. 311,
Exhibit A (part), 1987).
Section 9. Section 2.04.020 - Hours. The city offices shall be closed on all official state
holidays, an listed in Section 7600 of the California Government Code and as proclaimed
by the mayor of the city. The city offices shall be open to the public for business from
eight a.m. to five p.m. on all other business days of the year or as approved by the City
council. (Ord. 6, Section 1 (part), 1964).
Section 10. Section 2.04.030 - Council chambers. The room designated as the assembly room
locted in the Veterans' Memorial Hall at 209 Surf Street, Morro Bay, California, shall be
the council chambers of the city council and all regular meetings of the city council shall be
held there. For purposes of conducting special and closed sessions of the legislative body,
the city council may meet in the room designated as the conference room located in City
Hall at 595 Harbor Street, Morro Bay, California or other locations as set forth in the
"Notice of Meetings ". (Ord 405, Section 1, 1991).
2
• •
Section 11. Section 2.08.030 - Order of business. At fivc fifteen Qn the evening of each
regular meeting, the members of the council and designated officers and staff may assemble
for a scheduled closed session of the legislative body in the room designated for such
purposes. Promptly at six p.m. on the night of each regular meeting, the members of the
council, the city administrator, the city clerk, the city attorney and other officers shall
assemble at their regular stations in the council chamber, whereupon the business of the
meeting shall be taken up in the order as the city council may from time to time prescribe
by resolution. (Ord. 405, Section 1, 1991).
Section 12. Section 2.08.090 - Copy of minutes. Immediately following each council meeting
the city clerk shall send -a- typewritten include a copy of the minutes thereof to each member
of the city council in their a eg nda packets for the following
=S a. Thereafter the ready of such minutes by the city clerk at the following meeting
may be dispensed with by a majority vote of the members present. (Ord. 6, Section 1 (part).
Section 13. Section 2.08.110 - Special meetings. A special meeting may be called at any time
by the mayor of the city, or by a majority of the members of the city council, by delivering
personally, or by mail, written notice to each member of the city council andie-eaelrlocal
posting such notice pursuant to Section 1.12.010 of the Morro Bay Municipal Code.
(Ord. 6, Section 1 (part), 1964).
Section 14. Chapter 2.12 - City t lministrater Manuel
Section 15. Section 2.12.010 - Office created. The office of the city- administrator manager is
established and created pursuant to the provisions of the Sections 34851 et seq. Of the
Government Code of the state and all references in this code to city administrator shall
mean city manager. The city administrator manager shall be appointed by the city council
wholly on the basis of his administrative and executive ability and qualifications and shall
hold office for and during the pleasure of the city council (Ord. 14, Section 1 (part), 1965).
Section 16. Section 2.12.030 - Eligibility. No person elected as a ethic-it-man council member
of the city shall, subsequent to such election, be eligible for appointment as city
administrator manager until one year has elapsed after such council member has ceased to
be a member of the city council. (Ord. 14, Section 1 (part) 1965).
Section 17. Section 2.12.040 - Temporary - administrator manager. The city administrator
manager shall appoint, subject to the approval of the city council, one of the other officers
or department heads of the city to serve as administrator-manager pro tempore during any
temporary absence or disability of the city administrator manager. In case of absence or
disability of the city administrator manager and his failure to so appoint an administrator
manager pro tempore, the city council may designate some qualified city employee to
perform the duties of the city administrator manager during the period of absence or
disability of the city administrator manager. (Ord. 14, Section 1 (part), 1965).
3
• •
Section 18. Section 2.12.050 - Compensation. The city administrator manager shall receive
such compensation as the city council shall from time to time determine and fix by
resolution, and the compensation shall be a proper charge against such funds of the city as
the city council shall designate.
The city administrator manager shall be reimbursed for all sums necessarily incurred or
paid by him in the performance of his duties or incurred when traveling on business
pertaining to the city under direction of the city council; provided, however, that
reimbursement shall only be made when a verified itemized claim, setting forth the sums
expended for such business for which reimbursement is requested has been presented to the
city council for approval and has been so approved. (Ord. 14, Section 1 (part), 1965).
Section 19. Section 2.12.060 - Powers and duties generally. The city administrator manager
shall be the administrative head of the government of the city. The city council shall
instruct the city administrator manager in matters of policy. Any action, determination or
omission of the city administrator manager shall be subject to review by the council, but
the council may not overrule, change or modify any such action, determination or omission
except by an affirmative vote of at least three members of the council. The city
administrator manager shall be responsible for the efficient administration of all the affairs
of the city which are under his control. In addition to his general powers as administrative
head, and not as a limitation thereon, it shall be his dury and he shall have the powers set
forth in Sections 2.12.070 through 2.12.220. (Ord. 14, Section 1 (part), 1965).
Section 20. Section 2.12.070 - Code enforcement duty. It shall be the duty of the city
administrator manager to enforce all laws and ordinances of the city and to see that all
franchises, contracts, permits, licenses and privileges granted by the city council are
faithfully observed. Pursuant to the duty to enforce this code, the city administrator
manager shall designate one or more city employees as the code enforcement offer
established by Section 1.16.050 of this code (Ord. 311, Exhibit A (part), 1987).
Section 21. Section 2.12.080 - Authority over employees. It shall be the duty of the
administrator manager and he shall have the authority to control, order and give directions
to all heads of departments and to subordinate officers and employees of the city under his
jurisdiction through their department heads. (Ord. 14, Section 1 (part), 1965).
Section 22. Section 2.12.090 - Power of appointment. It shall be the duty and responsibility of
the city administrator manager to and he shall appoint, remove, promote and demote any
officers and employees of the city, except the city clerk, city attorney, city engineer and city
treasurer, subject to the provisions of Chapter 2.32 and resolutions, rules and regulations
adopted pursuant thereto. (Ord. 14, Section 1 (part), 1965).
4
• •
Section 23. Section 2.12.100 - Reorganization of offices. It shall be the duty and responsibility
of the city admmieistrator manager to recommend to the city council such reorganization of
offices, positions, departments or units under his direction as may be indicated in the
interest of efficient, effective and economical conduct of the city's business. (Ord. 14,
Section I (part), 1965).
Section 24. Section 2.12.110 - Ordinance recommendation. It shall be the duty of the city
administrator manager and he shall recommend to the city council for adoption 4f such
measures and ordinances as he deems necessary or expedient.
Section 25. Section 2.12.120 - Attendance at council meetings It shall be the duty of the city
administrator manager to attend all meetings of the city council unless excused therefrom,
except when his removal is under consideration. (Ord. 14, Section 1 (part), 1965).
Section 26. Section 2.12.130 - Financial reports. It shall be the duty of the city administrator
manager to keep the city council at all times fully advised as to the financial conditions and
needs of the city. (Ord. 14, Section 1 (part), 1965).
Section 27. Section 2.12.140 - Budget preparation and submission. It shall be the duty of the
city administrator manager to prepare and submit the proposed annual budget, and to
supervise the administration of the budget after its adoption. (Ord. 14, Section 1 (part),
1965).
Section 28. Section 2.12.150 - Investigations. It shall be the duty of the city administrator
manager to make investigations into the affairs of the city and any department or division
thereof. (Ord. 14, Section 1 (part), 1965).
Section 29. Section 2.12.160 - Public utility and franchise investigation. It shall be the duty of
the city administrator manager to to investigate all complaints in relation to matters
concerning the adminsitration of the city government and in regard to the service
maintained by public utilities in the city, and to see that all franchises, permits or privileges
granted by the city are faithfully performed and observed. (Ord. 14, Section 1 (part), 1965).
Section 30. Section 2.12.170 - Public property supervision. It shall be the duty of the city
administrator manager to and he shall exercise general supervision over all public
buildings, public parks and over all public properties which are under the control and'
jurisdiction of the city council. (Ord. 14, Section 1 (part), 1965).
Section 31,. Section 2.12.180 - )-lours of employment. It shall be the duty of the city
administrator manager to to devote his entire time to the duties of his office in the interests
of the city. (Ord. 14, Section 1 (part), 1965).
5
• •
Section 3Z. Section 2.12.190 - Duties delegated by council. It shall be the duty of the city
administrator manager to to perform such other duties and exercise such other powers as
may be delegated to him from time to time by ordinance, resolution or other action of the
city council. (Ord. 14, Section 1 (part), 1965).
Section 33. Section 2.12.200 - Council - administrator manager relations. The city council and
its members shall deal with the administrative services of the city only through the city
administrator manager, except for the purpose of inquiry, and neither the city council nor
any members thereof shall give orders to any subordinates of the city administrator
manager. The city administrator manager shall take his orders and instructions from the
city council only when sitting in a duly held meeting of the city council and no individual
councilman member shall give any orders or instructions to the city administrator manager.
Nothing herein contained shall be construed to prevent any councilman member from
discussing matters of the city with the city administrator manager. (Ord. 14, Section 1
(part), 1965).
Section 34. Section 2.12.210 - Departmental cooperation. It shall be the duty of all subordinate
officers and the city clerk, city treasurer, city engineer and city attorney to assist the city
administrator manager in administering the affairs of the city efficiently, economically and
harmoniously so far as may be consistent with their duties as prescribed by law and
ordinances of the city. (Ord. 14, Section 1 (part), 1965).
Section 35. Section 2.12.220 - Meetings of commissions. boards or committees. The city
administrator manager shall attend any and all meetings of commissions, boards or
committees hereafter created by the city council, upon his own volition or upon direction of
the city council. (Ord. 14, Section 1 (part), 1965).
Section 36. Section 2.12.230 - Removal of administrator manager. The removal of the city
administrator manager shall be only upon a three member vote of the whole council in the
city in regular council meeting, subject, however, to the provisions of Sections 2.12.240
through 2.12.270. In case of his intended removal by the city council, the city
administrator manager shall be furnished with a written notice stating the council's
intention to remove him and the reason therefor, at least thirty days before the effective
date of his removal. (Ord. 14, Section 1 (part), 1965).
Section 37. Section 2.12.240 - Hearing. Within seven days after the delivery to the city
administrator manager of such notice he may by written notification to the city clerk,
request a hearing before the city council. Thereafter, the city council shall fix a time for
the hearing which shall be held at its usual meeting place, but before the expiration of the
thirty day period, at which the city administrator manager shall appear and be heard. (Ord.
14, Section 1 (part), 1965).
6
1
Section 38. Section 2.12.250 - Suspension pending hearing. After furnishing the city
administrator manager with written notice of intended removal, the city council may
suspend him from duty, but his compensation shall continue until his removal by the
council passed subsequent to the hearing referred to in Section 2.12.240. (Ord. 14, Section
1 (part), 1965).
Section 39. Section 2.12.260 - Discretion of council. In removing the city administrator
manager, the city council shall use its uncontrolled discretion and its action shall be final
and shall not depend upon any particular showing or degree of proof at the hearing; the
purpose of which is to allow the city administrator manager to present to the city council
his grounds of opposition to his removal prior to its action. (Ord. 14, Section 1 (part),
1965).
Section 40. Section 2.12.270 - Limitation on removal. Notwithstanding the provisions of this
chapter, the city administrator manager shall not be removed from office during or within a
period of ninety days next succeeding any general municipal election held in the city at
which election a member of the city council is elected. The purpose of this provision is to
allow any newly elected member of the city council or a reorganized city council to observe
the actions and ability of the city administrator manager in the performance of the powers
and duties of his office. After the expiration of the ninety day period, the provisions of
Sections 2.12.230 through 2.12.260 as to the removal of the city administrator manager
shall apply and be effective. (Ord. 14, Section 1 (part), 1965).
Section 4j. Section 5.08.120 - Garage sales is hereby amended to read as follows:
"Each person conducting more than two garage sales per year from their private
residence wherein goods or merchandise which were not originally purchased for
resale and which are being offered for sale to the general public, shall pay an annual
business license fee in accordance with the Business License Rate Schedule. No
business license will be issued if the garage sales as conducted is contrary to the
provisions of Title 17, Zoning.
Section 42. Section 7.16.040(C) - Pygmy animals is hereby repealed:
Section 7.16.040(D) shall be renamed 7.16.040(C).
Section 43 . Section 13.04.010 - Statement of policy is hereby amended to repeal the following
provision as follows:
7
Section 44. Section 13.04.070 - Application for regular service is hereby amended to read as
follows:
An application fee shall accompany each application or letter of application.
The amount of the application fee shall be set forth in the Master Fee Schedule. An
application fee will not be required for short-term service for purposes of cleaning
property to make it ready for rental. Nor shall an application fee be required when
an existing customer changes service address by moving from one residence to
another."
Section 45 . Section 13.04.190(C) - Rendering of bills is hereby amended to read as follows:
"Closing Bills for Metered Service. Closing bills Shall be calculated based upop
actual consumptions between the last regular meter reading and the meter reading
initiated by notice of service discontinuation."
Delete Section 13.04.190(C)111 through [4].
Rename Section 13.04.190(C)[5] to 13.04.190(0)[1].
Section 46 . Section 13.04.200(C) - Payment of bills is hereby amended to read as follows:
"Water bill shall be payable on the date presented and shall become delinquent on
thirty (30) days after the date of preparation
except that closing bills are delinquent after five (5) days "
Section 47 . Section 13.04.220(A) - Rates for service and deposits is hereby amended to read as
follows:
"The City Council shall, by resolution, i_ Mastcr S_hcdul_ establish the
rates which will be charged for water service including, but not limited to, meter or
availability impact charge, application fee and gallonage or cubic footage charge."
Delete Sections 13.04.220(B) and 13.04.220(C).
Section 48 . Section 13.04.230(A) through (B)[b](2)[b] - Collection of past -due accounts is
hereby deleted. Section 13.04.230(B)[3] is hereby renamed 13.04.230.
Section 49 . Section 13.04.250(A) - Nonpayment of bills is hereby amended to read as follows:
"A customer's water service may be discontinued if a bill is not paid or - e
enstomcr on or before the tenth day after becoming delinquent. as defined in
Section 13.04.200(C)."
8
1 •
Section 50 . Section 17.44.020(A)[7] - Parking facilities is hereby amended to read as follows:
"The per space fee for new construction, additions or changes in occupancy shall be
paid either in a lump sum or in accordance with a payment plan approved by both
the Finance Director and the City Administrator, prior to the issuance of
construction permits for the structure or occupancy for which the parking is
required or prior to the issuance of a City business license for the activity for which
the parking is required, if no construction permit is required."
INTRODUCED at a regular meeting of the City Council of the City of Morro Bay at a
regular meeting held on the 12th day of May, 1997, on motion by Councilmember Elliott,
seconded by Councilmember Peirce.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Morro
Bay at a regular meeting held on the 23rd day of June, 1997, by the following vote:
AYES: Anderson, Peirce, Peters, Novak
NOES: None
ABSENT: Elliott
ATTEST:
Bridgett B•fter, City Clerk
APPROVED AS TO FORM:
City Attorney
9
Anr.Jit--
Cathy Novak, Mayor
•
1.04.110
1.04.110 Proof of notice.
Proof ofgiving any notice may be made by the certificate of any officer or employee of the city,
or by affidavit of any person over the age of eighteen years, which shows service in with
this code, or other provisions of law applicable to the subject matter concerned. (Ord. 6 § I (part),
1964: prior code § 1308)
1.04.120 Interpretation of statutes adopted by reference.
Whenever in this code or in any ordinance, statute, or other matter which is adopted by
reference, unless the context requires otherwise the following references shall be given the following
meanings:
A. "County of San Luis Obispo" means the city of Morro Bay.
B. "Board of supervisors" means the city council of the city of Morro Bay.
C. "Unincorporated territory" means the incorporated territory of the city of Morro Bay.
D. "County" means the city of Morro Bay.
E. "County officer" means the appropriate or designated officer of the city of Morro Bay.
(Ord. 6 § I (part), 1964: prior code § 1327)
1.04.130 Contracts with the county.
The city council shall have the right to contract with the county of San Luis Obispo pursuant to
the laws of the state of California and the laws of the county, for the performance and execution by
designated county officials of the rights, powers and duties of officers, officials and employees of the
city. Whenever in this code. whether set forth in full or by adoption by reference, any power or
authority is granted to an officer. official or employee, the power or authority is conferred upon the
appropriate officer, official or employee of the city or the appropriate officer, official or employee of
the county with whom a contract has been entered into. (Ord. 6 § I (part), 1964: prior code § 1328)
7
1.12.010
Sections:
1.12.010
1.12.020
1.12.030
Chapter 1.12
NOTICES— DOCUMENTS*
Public places for posting notices.
Three posting places required.
Authorized agents for filing documents.
For statutory provisions regarding the posting of ordinances. see Gov. Code § 36933.
1.12.010 Public places for posting notices.
The following are officially designated as public places for the posting of all ordinances,
resolutions or notices adopted or issued by the city:
A. Morro Bay Library
County of San Luis Obispo Library System
625 Harbor Street
Morro Bay. CA 93442
B. Morro Bay Harbor Office
1275 Embarcadero
Morro Bay. CA 93442
C. City of Morro Bay Public Works Department
695 Harbor Street
Morro Bay, CA 93442
D. City Hall. City of Morro Bay
595 Harbor Street
Morro Bay, CA 93442
(Ord. 272 § I (part), 1985: Ord. 6 § I (part). 1964: prior code § 2500)
1.12.020 Three posting places required.
All ordinances and all resolutions required by law to be published or posted shall be posted in
at least three of the public places as set forth in Section 1.12.010 in accordance with the provisions of
Section 36933 of the Government Code of the state. (Ord. 6 § 1 (part), 1964: prior code § 2501)
1.12.030 Authorized agents for filing documents.
The mayor of the city. the city clerk. the city attorney. the mayor pro tempore and the city
administrator are each appointed the authorized agent of the city for the filing with such offices and
officers of the state and the county. of certified copies of ordinances and resolutions and such other
documents as may be required for the proper and efficient conduct of the city's business. (Ord. 272 §
I (part). 1985: Ord. 6 § 1 (part). 1964: prior code § 2502)
9 (Morro Bay 3 -88)
1.16.010
Sections:
1.16.010
1.16.020
1.16.030
1.16.040
1.16.050
1.16.060
1.16.070
1.16.080
1.16.090
1.16.100
• •
Chapter 1.16
GENERAL PENALTY*
Violation deemed misdemeanor /infraction.
Prosecution of misdemeanor /infraction.
Penalties for infractions.
Nuisance abatement.
Code enforcement officer.
Code enforcement.
Citation procedure for violations.
Failure to appear.
Warrant for arrest upon failure to appear.
Attorney's fees.
'Prior history: Ord. 6: prior code §§ 1200 and 1201.
1.16.010 Violation deemed misdemeanor /infraction.
No person shall violate any provision. or fail to comply with any of the requirements of this
code. Any person violating any of the provisions or failing to comply with any of the mandatory
requirements of this code. any ordinance of the city or any code adopted by reference in this code
shall be guilty, unless otherwise specified. ofa misdemeanor /infraction. Any person convicted ofa
misdemeanor under the provisions of this code. shall be punishable by a fine of not more than one
thousand dollars, or by imprisonment in the city or county jail for a period of not exceeding six
months. or by both such fine and imprisonment. Each person shall be guilty ofa separate offense for
each and every day during any portion of which any violation of any provision of this code is
committed. continued or permitted by such person and shall be punishable accordingly. (Ord. 311
Exh. A (part). 1987)
1.16.020 Prosecution of misdemeanor /infraction.
Every violation of this code designated a misdemeanor /infraction shall be a misdemeanor;
provided that, where the city attorney has determined that such action would be in the best interests
of justice. the city attorney may specify in the accusatory pleading that the violation shall be an
infraction and the violation shall be prosecuted as an infraction. (Ord. 311 Exh. A (part), 1987)
1.16.030 Penalties for infractions.
Each and every violation ofa provision of this code which is an infraction is punishable by:
A. A fine not exceeding one hundred dollars for the first violation;
B. A fine not exceeding two hundred dollars for a second violation of the same provision
within one year;
C. A fine not exceeding five hundred dollars for each additional violation (after the second) of
the same provision within one year of the first violation. (Ord. 311 Exh. A (part). 1987)
1.16.040 Nuisance abatement.
In addition to the penalties provided in this chapter. any condition caused or permitted to exist
in violation of any of the provisions of this code shall be deemed a public nuisance and may be
abated by the city, either summarily or otherwise as appropriate under law, at the expense of the
person or persons creating. causing. committing or maintaining it and such expense shall be a lien
against the property on which the nuisance is maintained and shall be a personal obligation against
the owner of such property. (Ord. 311 Exh. A (part). 1987)
(Morro Bay 3 -881
10
• •
1.16.050
1.16.050 Code enforcement officer.
The title ofcode enforcement officer is created. The duties of such named public officer shall be
limited to the enforcement of municipal code violations. and such person shall .be authorized to
exercise the powers set forth in Section 836.5 of the California Penal Code and to make arrests only
for the purpose of issuing citations for violation of the municipal code which constitute infractions
or misdemeanors.
A. The code enforcement officer shall have the following responsibilities and authority:
1. Under the supervision of the city administrator, to enforce compliance by the public with
all provisions of the municipal code:
2. To discuss with suspected violators. the provisions of the code in order to secure voluntary
compliance with its provisions:
3. With the approval of the city administrator. to initiate all necessary proceedings to abate
nuisances in the manner set forth in Chapter 8.14 of this code:
4. To promulgate and enforce such written rules. guidelines or other regulations as may be
necessary to administer and enforce the provisions of Chapter 8.14 of this code.
B. The code enforcement officer shall also have such powers as follows:
1. With the approval of the city administrator. to delegate the responsibilities and powers to
enforce a specific provision of the code or to correct one or more specific violations of the code to
another city department or official:
2. With the approval of the city administrator. to require the chief of police and any and all
officers of the city otherwise charged by law with the enforcement of the code and any and all of its
provisions to render assistance in the enforcement of any and all of the provisions of the code. (Ord.
311 Exh. A (part), 1987)
1.16.060 Code enforcement.
The chief of police. fire chief. harbor director. director of public works. building official, code
enforcement officer and other designated persons shall be responsible for enforcement of the
various provisions of this code under their respective authority or as is specifically assigned to them
by this code.
A. Police officers have full authority to arrest persons for violations of any provision of this
code pursuant to the provisions of the California Penal Code.
B. The tire chiefand full-time safety members of the fire department shall have the powers ofa
peace officer in performing their duties under this code. and shall have the powers ofa peace officer
as provided in California Penal Code Section 830.31. and shall have the authority to arrest persons
pertaining to fire regulations or otherwise within their enforcement authority_. This authority is in
addition to all other authority provided by law.
C. Harbor patrol officers shall be public employees and not peace officers but shall have the
authority to arrest persons pursuant to California Penal Code Section 836.5 for violations of Title 15
of this code. This authority is in addition to all other authority provided by law and other sections of
this code.
D. The building official and code enforcement officer. and their respective designees. are
authorized to arrest persons pursuant to Penal Code Section 836.5 without warrant whenever they
have reasonable cause to believe that the person to be arrested has committed in their presence a
misdemeanor. misdemeanor /infraction orninfraction. consisting ofa violation of the provisions of
this code or any other regulation. ordinance or statute which the building official or code enforce-
ment officer has a duty to enforce. (Ord. 311 Exh. A (part), 1987)
1.16.070 Citation procedure for violations.
A. Any city officer or employee arresting any person for a violation of any provision of this
code. who does not immediately take such arrested person before a magistrate. as prescribed in the
California Penal Code. shall prepare in duplicate a written notice to appear in court. The notice shall
contain:
10 -1
(Morro Bay 3-88)
1.1 6.070
• •
1. The name and address of the person arrested:
2. The offense charged. the time and place of the alleged violation:
3. Where and when such person shall appear in court.
The time specified in the notice for appearance must be at least ten days after such arrest. The place
specified in the notice to appear and the notice shall be in conformity with the applicable provisions
of the Penal Code of the state.
B. The arresting city officer or employee shall deliver one copy of the notice to appear to the
alleged violator: the alleged violator in order to secure immediate release must give a written
promise to so appear in court at the time and place indicated on the notice by signing the duplicate
notice, which signed copy shall be retained by the city officer or employee. Thereafter. the arresting
city officer or employee shall release forthwith from custody the person so arrested. The duplicate
copy of the notice to appear shall be filed in the manner prescribed in the Penal Code of the state.
(Ord. 311 Exh. A (part), 1987)
1.16.080 Failure to appear.
Any person who wilfully violates a written promise to appear in court by failing to appear at the
time and place stated shall be deemed guilty of a misdemeanor regardless of the disposition of the
charge upon which he was originally arrested. (Ord. 311 Exh. A (part), 1987)
1.16.090 Warrant for arrest upon failure to appear.
When a person signs a written promise to appear at the time and place specified therein. and
has not posted bail as provided in the Penal Code of the state, the magistrate shall issue and have
delivered for execution a warrant for his /her arrest within twenty days after such person has failed to
appear as promised. or if such person promises to appear before an officer authorized to accept bail,
other than a magistrate. and fails to do so on or before the date which he /she promised to appear.
then within twenty days after delivery of such written promise to appear by the officer to the
magistrate having jurisdiction over the offense. such magistrate shall issue and have delivered for
execution a warrant for his /her arrest. When such person violates his /her promise to appear before
an officer authorized to receive bail other than a magistrate. the officer shall immediately deliver to
the magistrate having jurisdiction over the offense charged the written promise to appear and the
complaint, if any. filed by the arresting officer or employee. (Ord. 311 Exh. A (part), 1987)
1.16.100 Attorney's fees.
In any civil action commenced by the city to abate a public nuisance. to enjoin a violation of
any provision of this code. or to collect a civil debt owing to the city. the city shall be entitled to
recover from the defendant in any such action reasonable attorney's fees and costs of suit. (Ord. 311
Exh. A (part). 1987)
I Morro Bay 3 -88)
10 -2
Chapter 2.04
CITY OFFICES
Sections:
2.04.010 Address.
2.04.020 Hours.
2.04.030 Council chambers.
2.04.010
2.04.010 Address.
The offices of all agencies, department officers, and employees of the city shall be primarily
located and maintained at 595 Harbor Street, Morro Bay, California. (Ord. 269 (part), 1985: Ord. 6
§ 1 (part), 1964: prior code § 2401)
2.04.020 Hours.
The city offices shall be closed on all official state holidays, as listed in Section 7600 of the California
Government Code and as proclaimed by the mayor of the city. The city offices shall be open to the
public for business from eight a.m. to five p.m. on all other business days of the year. (Ord. 269 (part),
1985: Ord. 6 § 1 (part), 1964: prior code § 2402)
2.04.030 Council chambers.
The room designated as the assembly room located in the Veterans' Memorial Hall at 209 Surf
Street, Morro Bay, California, shall be the council chambers of the city council and all regular meetings
of the city council shall be held there. For purposes of conducting. special and closed sessions of the
legislative body, the city council may meet in the room designated as the conference room located
in City Hall at 595 Harbor Street, Morro Bay, California. (Ord. 405 § 1, 1991: Ord. 303 (part), 1987:
Ord. 269 (part), 1985: Ord. 6 § 1 (part), 1964: prior code § 2400)
13
(Marc Bay 2.92)
• •
2.08.010
Chapter 2.08
COUNCIL MEETINGS'
Sections:
2.08.010 Time and date.
2.08.020 Presenting matter to council.
2.08.030 Order of business.
2.08.040 Unfinished business.
2.08.050 Oral communications.
2.08.060 Ordinances.
2.08.070 Resolutions.
2.08.080 Discussion procedure.
2.08.090 Copy of minutes.
2.08.100 Robert's Rules of Order.
2.08.110 Special meetings.
2.08.120 Vice mayor.
• For statutory provisions regarding the scheduling and conduct of city council meetings, see Gov. Code 4 36801 et seq.
2.08.010 Time and date.
Regular meetings of the city council shall be held on the second and fourth Mondays of each
month at six p.m., or the next succeeding day which is not a holiday. (Ord. 303 (part), 1987: Ord. 269
(part), 1985: Ord. 93 § 1, 1971: Ord. 6 § 1 (part), 1964: prior code § 2403)
2.08.020 Presenting matter to council.
Every official, board, commission or other body, connected with the city government, and every
citizen, individual, corporation, committee or civic group, having any reports, communications, or other
matters to be presented to a council meeting, shall notify the city clerk of that fact in writing before
twelve noon of the second Wednesday preceding the day of such meeting, except if that Wednesday
is a legal holiday, then twelve noon of the next nonholiday preceding day to the second Wednesday.
The city clerk shall prepare a list setting forth such matters and the nature thereof under the appropriate
headings and in order specified in Section 2.08.030. The city clerk shall, by the Wednesday preceding
such meeting, cause one copy thereof to be delivered to each councilmember. Matters deemed by the
city council to be of emergency are excepted from this provision. (Ord. 412 § 1. 1992: Ord. 269 (part),
1985: Ord. 156 § 1, 1978; Ord. 6 § 1 (part), 1964: prior code § 2404)
2.08.030 Order of business.
At five - fifteen p.m. on the evening of each regular meeting, the members of the council and
designated officers and staff may assemble for a scheduled closed session of the legislative body in
the room designated for such purposes. Promptly at six p.m. on the night of each regular meeting,
the members of the council, the city administrator, the city clerk, the city attomey and other officers
shall assemble at their regular stations in the council chamber, whereupon the business of the meeting
shall be taken up in the order as the city council may from time to time prescribe by resolution. (Ord.
405 § 1, 1991: Ord. 303 (part),1987: Ord. 269 (part), 1985: Ord. 6 § 1 (pan), 1964: prior code § 2405)
2.08.040 Unfinished business.
Any matter, the consideration of which has not been completed at any meeting of the council
and which has not been continued to a specific date, shall be listed for consideration at the next regular
meeting of the council under the heading of unfinished business. (Ord. 6 § 1 (pan), 1964: prior code
§ 2406)
15
(Mono Bay 5 -93)
• •
2.08.050
2.08.050 Oral communications.
Under the heading of oral communications, all persons may, personally or by their representatives,
address the city council in regard to any unagendized matter in which they are interested. Upon recognition
by the mayor, a person shall approach the public podium, state their name and address, and present
their comments to the city council. Comments should normally be limited in time as prescribed by
the city council. (Ord. 269 (part), 1985: Ord. 6 § 1 (part), 1964: prior code § 2407)
2.08.060 Ordinances.
Ordinances may be introduced under the head of new business by reading the title only. Ordinances
ready for passage shall be taken up under unfinished business. (Ord. 6 § 1 (part), 1964: prior code §
2408)
2.08.070 Resolutions.
Resolutions may be introduced under the head of new business and be read in full unless the
further reading thereof is waived by regular motion adopted by unanimous vote of the councilmen present
after the reading of the title. (Ord. 6 § 1 (part). 1964: prior code § 2409)
2.08.080 Discussion procedure.
While discussing any question under consideration by the council, it shall be the duty of the members
thereof to remain seated and address their remarks to the presiding officer and their fellow members.
Any remarks or order to the audience shall be addressed by the presiding officer, or with his permission
by members of the council. (Ord. 6 § I (part), 1964: prior code § 2410)
2.08.090 Copy of minutes.
Immediately following each council meeting the city clerk shall send a typewritten copy of the
minutes thereof to each member of the city council at their respective residences. Thereafter the reading
of such minutes by the city clerk at the following meeting may be dispensed with by a majority vote
of the members present. (Ord. 6 § 1 (part), 1964: prior code § 2411)
2.08.100 Robert's Rules of Order.
In all matters and things not otherwise provided for herein, the proceedings of the council shall
be governed by "Roberts' Rules of Order," revised edition. However, no ordinance, resolution, proceeding
or other action of the city council shall be invalidated, or the legality thereof otherwise affected, by
the failure or omission to observe or follow said rules. (Ord. 6 § 1 (part), 1964: prior code § 2412)
2.08.110 Special meetings.
A special meeting may be called at any time by the mayor of the city, or by a majority of the
members of the city council, by delivering personally, or by mail, written notice to each member of
the city council and to each local newspaper of general circulation, radio or television station requesting
notice in writing. Such notice must be delivered personally or by mail at least twenty -four hours before
the time of such meeting as specified in the notice. The call and notice shall specify the time and place
of the special meeting and the business to be transacted. No other business shall be considered at such
meeting by the city council. Such written notice may be dispensed with as to any member who at or
prior to the time the meeting convenes files with the city clerk a written waiver of notice. Such waiver
may be given by telegram Such written notice may also be dispensed with as to any member who
is actually present at the meeting at the time it convenes. (Ord. 6 § 1 (part), 1964: prior code § 2413)
(Morro Bay 5 -931
I6
• •
Chapter 2.12
CITY ADMINISTRATOR*
Sections:
2.12.010 Office created.
2.12.030 Eligibility.
2.12.040 Temporary administrator.
2.12.050 Compensation.
2.12.060 Powers and duties generally.
2.12.070 Code enforcement duty.
2.12.080 Authority over employees.
2.12.090 Power of appointment.
2.12.100 Reorganization of offices.
2.12.110 Ordinance recommendation.
2.12.120 Attendance at council meetings.
2.12.130 Financial reports.
2.12.140 Budget preparation and submission.
2.12.150 Investigations.
2.12.160 Public utility and franchise investigation.
2.12.170 Public property supervision.
2.12.180 Hours of employment.
2.12.190 Duties delegated by council.
2.12.200 Council- administrator relations.
2.12.210 Departmental cooperation.
2.12.220 Meetings of commissions. boards or committees.
2.12.230 Removal of administrator.
2.12.240 Hearing.
2.12.250 Suspension pending hearing.
2.12.260 Discretion of council.
2.12.270 Limitation on removal.
2.12.010
For statutory provisions regarding the adoption of the city manager form of government. see Gov. Code § 34851 et seq.
2.12.010 Office created.
The office of the city administrator is established and created pursuant to the provisions of the
Sections 34851 et seq. of the Government Code of the state. The city administrator shall be
appointed by the city council wholly on the basis of his administrative and executive ability and
qualifications and shall hold office for and during the pleasure of the city council. (Ord. 14 § 1 (part).
1965: prior code § 2700)
2.12.030 Eligibility.
No person elected as a councilman of the city shall. subsequent to such election. be eligible for
appointment as city administrator until one year has elapsed after such council member has ceased
to be a member of the city council. (Ord. 14 § I (pan). 1965: prior code § 2702)
2.12.040 Temporary administrator.
The city administrator shall appoint. subject to the approval of the city council. one of the
other officers or department heads of the city to serve as administrator pro tempore during any
temporary absence or disability of the city administrator. In case of absence or disability of the city
19
(Morro Bay 3 -88)
2.12.040
• •
administrator and his failure to so appoint an administrator pro tempore. the city council may
designate some qualified city employee to perform the duties of the city administrator during the
period of absence or disability of the city administrator. (Ord. 14 § 1 (part). 1965: prior code § 2703)
2.12.050 Compensation.
The city administrator shall receive such compensation as the city council shall from time to
time determine and fix by resolution. and the compensation shall be a proper charge against such
funds of the city as the city council shall designate.
The city administrator shall be reimbursed for all sums necessarily incurred or paid by him in
the performance of his duties or incurred when traveling on business pertaining to the city under
direction of the city council; provided. however. that reimbursement shall only be made when a
verified itemized claim. setting forth the sums expended for such business for which reimbursement
is requested has been presented to the city council for approval and has been so approved. (Ord. 14 §
1 (part), 1965: prior code § 2704)
2.12.060 Powers and duties generally.
The city administrator shall be the administrative head of the government of the city. The city
council shall instruct the city administrator in matters of policy. Any action. determination or
omission of the city administrator shall be subject to review by the council. but the council may not
overrule. change or modify any such action. determination or omission except by an affirmative
vote of at least three members of the council. The city administrator shall be responsible for the
efficient administration of all the affairs of the city which are under his control. In addition to his
general powers as administrative head. and not as a limitation thereon. it shall be his duty and he
shall have the powers set forth in Sections 2.12.070 through 2.12.220. (Ord. 14 § I (part). 1965: prior
code § 2705)
2.12.070 Code enforcement duty.
It shall be the duty of the city administrator to enforce all laws and ordinances of the city and to
see that all franchises. contracts. permits. licenses and privileges granted by the city council are
faithfully observed. Pursuant to the duty to enforce this code. the city administrator shall designate
one or more city employees as the code enforcement officer established by Section 1.16.050 of this
code. (Ord. 311 Exh. A (pan). 1987: Ord. 14 § 1 (part). 1965: prior code § 2705.1)
2.12.080 Authority over employees.
It shall be the duty of the administrator and he shall have the authority to control. order and
give directions to all heads of departments and to subordinate officers and employees of the city
under his jurisdiction through their department heads. (Ord. 14 §1 (pan). 1965: prior code § 2705.2)
2.12.090 Power of appointment.
It shall be the duty and responsibility of the city administrator to and he shall appoint. remove.
promote and demote any officers and employees of the city. except the city clerk. city attorney. city
engineer and city treasurer. subject to the provisions of Chapter 2.32 and resolutions. rules and
regulations adopted pursuant thereto. (Ord. 14 § 1 (pan). 1965: prior code § 2705.3)
2.12.100 Reorganization of offices.
It shall be the duty and responsibility of the city administrator to recommend to the city
council such reorganization of offices. positions. departments or units under his direction as may be
indicated in the interest of efficient. effective and economical conduct of the city's business. (Ord. 14
§ 1 (part). 1965: prior code § 2705.4)
(Morro Bay 3 -88)
20
2.12.110
2.12.110 Ordinance recommendation.
It shall be the duty of the city administrator and he shall recommend to the city council for
adoption such measures and ordinances as he deems necessary or expedient. (Ord. 14 § I (part). 1965:
prior code § 2705.5)
20 -1
(Morro Bay 3 -88)
• •
2.12.120
2.12.120 Attendance at council meetings.
It shall be the duty of the city administrator to attend all meetings of the city council unless
excused therefrom, except when his removal is under consideration. (Ord. 14 § 1 (part), 1965: prior
code § 2705.6)
2.12.130 Financial reports.
It shall be the duty of the city administrator to keep the city council at all times fully advised as
to the financial conditions and needs of the city. (Ord. 14 § I (part), 1965: prior code § 2705.7)
2.12.140 Budget preparation and submission.
It shall be the duty of the city administrator to prepare and submit the proposed annual budget.
and to supervise the administration of the budget after its adoption. (Ord. 14 § I (part), 1965: prior
code § 2705.8)
2.12.150 Investigations.
It shall be the duty of the city administrator to make investigations into the affairs of the city
and any department or division thereof. (Ord. 14 § I (part), 1965: prior code § 2705.9)
2.12.160 Public utility and franchise investigation.
It shall be the duty of the city administrator to investigate all complaints in relation to matters
concerning the administration of the city government and in regard to the service maintained by
public utilities in the city, and to see that all franchises, permits or privileges granted by the city are
faithfully performed and observed. (Ord. 14 § 1 (part), 1965: prior code § 2705.10)
2.12.170 Public property supervision.
It shall be the duty of the city administrator and he shall exercise general supervision over all
public buildings, public parks and over all public properties which are under the control and
jurisdiction of the city council. (Ord. 14 § l (part), 1965: prior code § 2705.11)
2.12.180 Hours of employment.
It shall be the duty of the city administrator to devote his entire time to the duties of his office
in the interests of the city. (Ord. 14 § I (part), 1965: prior code § 2705.12)
2.12.190 Duties delegated by council.
It shall be the duty of the city administrator to perform such other duties and exercise such
other powers as may be delegated to him from time to time by ordinance, resolution or other action
of the city council. (Ord. 14 § 1 (part), 1965: prior code § 2705.13)
2.12.200 Council- administrator relations.
The city council and its members shall deal with the administrative services of the city only
through the city administrator. except for the purpose of inquiry, and neither the city council nor
any members thereof shall give orders to any subordinates of the city administrator. The city
administrator shall take his orders and instructions from the city council only when sitting in a duly
held meeting of the city council and no individual councilman shall give any orders or instructions
to the city administrator. Nothing herein contained shall be construed to prevent any councilman
from discussing matters of the city with the city administrator. (Ord. 14 § I (part), 1965: prior code §
2705.14)
2.12.210 Departmental cooperation.
It shall be the duty of all subordinate officers and the city clerk, city treasurer, city engineer and
city attorney to assist the city administrator in administering the affairs of the city efficiently,
economically and harmoniously so far as may be consistent with their duties as prescribed by law
and ordinances of the city. (Ord. 14 § 1 (pan), 1965: prior code § 2705.15)
21
2.12.220
• •
2.12.220 Meetings of commissions, boards or committees.
The city administrator shall attend any and all meetings of commissions. boards or commit-
tees hereafter created by the city council. upon his own volition or upon direction of the city council.
At such meetings which the city administrator attends, he shall be heard by such commissions,
boards or committees as to all matters upon which he wishes to address the members thereof. and he
shall inform said members as to the status of any matter being considered by the city council and he
shall cooperate to the fullest extent with the members of all commissions, boards or committees
appointed by the city council. (Ord. 14 § I (part), 1965: prior code § 2705.16)
2.12.230 Removal of administrator.
The removal of the city administrator shall be only upon a three member vote of the whole
council in the city in regular council meeting, subject, however, to the provisions of Sections
2.12.240 through 2.12.270. In case of his intended removal by the city council. the city administrator
shall be furnished with a written notice stating the council's intention to remove him and the reason
therefor, at least thirty days before the effective date of his removal. (Ord. 14 § I (part), 1965: prior
code § 2706)
2.12.240 Hearing.
Within seven days after the delivery to the city administrator of such notice he may by written
notification to the city clerk, request a hearing before the city council. Thereafter, the city council
shall fix a time for the hearing which shall be held at its usual meeting place. but before the expiration
of the thirty day period, at which the city administrator shall appear and be heard. (Ord. 14 § I (part),
1965: prior code § 2706.1)
2.12.250 Suspension pending hearing.
After furnishing the city administrator with written notice of intended removal, the city
council may suspend him from duty, but his compensation shall continue until his removal by the
council passed subsequent to the hearing referred to in Section 2.12.240. (Ord. 14 § I (part), 1965:
prior code § 2706.2)
2.12.260 Discretion of council.
In removing the city administrator. the city council shall use its uncontrolled discretion and its
action shall be final and shall not depend upon any particular showing or degree of proof at the
hearing; the purpose of which is to allow the city administrator to present to the city council his
grounds of opposition to his removal prior to its action. (Ord. 14 § I (part), 1965: prior code § 2706.3)
2.12.270 Limitation on removal.
Notwithstanding the provisions of this chapter, the city administrator shall not be removed
from office during or within a period of ninety days next succeeding any general municipal election
held in the city at which election a member of the city council is elected. The purpose of this
provision is to allow any newly elected member of the city council or a reorganized city council to
observe the actions and ability of the city administrator in the performance of the powers and duties
of his office. After the expiration of the ninety day period. the provisions of Sections 2.12.230
through 2.12.260 as to the removal of the city administrator shall apply and be effective. (Ord. 14 § 1
(part); 1965: prior code § 2706.4)
22
• •
5.08.090
5.08.090 Delivery by vehicle.
Every person who makes wholesale or retail deliveries for business services by vehicle within
the city and who does not pay a city license tax under the provisions of any other section of this
chapter or who is not exempt from payment of license fees by virtue of interstate commerce or
highway carriers exemptions. shall pay an annual license tax in accordance with the Business
License Rate Schedule. (Ord. 285 § 2 (part), 1986; Ord. 225 § 8, 1982; Ord. 159 § 8, 1978: Ord. 89 § 2
(pan). 1971: prior code § 6202)
5.08.100 Fire, wreck, or bankrupt sale.
For the business of conducting a fire. wreck, or bankrupt sale, the license fee is in accordance
with the Business License Rate Schedule.
For the purposes of this section, "fire or wreck sale" means and includes the sale of goods,
salvage from a fire. wreck. or other calamity, or the sale of goods advertised as a fire or wreck sale.
For the purpose of this section. "bankrupt sale" includes a sale for the benefit of creditors,
either directly or indirectly, or a sale advertised as a bankrupt sale or sale for the benefit of creditors.
This section shall not apply to any stocks or goods owned by any person having a regular, fixed
place of business in the city whose stocks or goods have been damaged by fire, water. wreck, or other
such calamity occurring in the city. (Ord. 285 § 2 (part). 1986; Ord. 225 § 9, 1982; Ord. 159 § 9, 1978:
Ord. 89 § 2 (part). 1971: prior code § 6212)
5.08.110 Flea markets.
Each person sponsoring or organizing a flea market wherein goods and merchandise are
offered for sale to the general public shall obtain a business license from the city for the conduct of
such flea market and shall collect a business license fee from each individual offering said goods and
merchandise for sale and shall further assure the payment of such business license fees to the city.
Payment shall be made to the city for each and every day of the sale and shall be made by no later
than the first day following the sale upon which the city business license office is open for business.
Business license fees shall be in accordance with the following schedule: See Business License Rate
Schedule.
Each person sponsoring or organizing a flea market shall report in writing at the time of paying
the business license fees. to the city, the name and daily gross receipts of each individual person
offering goods and merchandise for sale to the general public. (Ord. 285 § 2 (part), 1986; Ord. 225 §
10, 1982; Ord. 159 § 10. 1978: Ord. 109 § 2, 1973: Ord. 94 § 9, 1971: prior code § 6219)
5.08.120 Garage sales.
Each person conducting more than two garage sales per year from their private residence
wherein goods or merchandise which were not originally purchased for resale and which are being
offered for sale to the general public, shall pay an annual business license fee in accordance with the
Business License Rate Schedule. No business license will be issued if the garage sale as conducted is
contrary to provisions of Title 17, zoning. Each person conducting two or less garage sales per year,
shall be required to apply for a permit under the Master Fee Schedule. (Ord. 285 § 2 (part), 1986; Ord.
225 § 11, 1982; Ord. 94 § 8, 1971: prior code § 6218)
5.08.130 Home occupations.
Each home occupation constituting a business and not otherwise specifically enumerated or
taxed in this chapter shall pay an annual license tax in accordance with the schedule enumerated in
Section 5.08.020. No business license will be issued if home occupation as conducted is contrary
to provisions of Title 17, zoning.
Exceptions: Home occupations consisting of the producing, selling, or supplying of products,
goods, articles or services, which are intended to augment or supplement a primary source of income
and which include but are not limited to hobby, handicraft, handyman, or personal service activities
82
Sections:
7.16.010
7.16.020
7.16.030
7.16.040
7.16.050
• •
Chapter 7.16
ANIMALS, POULTRY AND HOUSEHOLD
PETS
Animals and poultry at large.
Unsanitary conditions.
Poultry and rabbit keeping.
Keeping of pygmy livestock.
Keeping of other animals.
7.16.010
7.16.010 Animals and poultry at large.
No person shall allow or permit animals or poultry, other than household pets, to run at large
upon any public street or place, or to trespass upon the property of another. This provision shall not
be construed as permitting the running at large of any household pets who are restricted by the provisions
of this title, or by any law applicable thereto. (Ord. 234 (part), 1982)
7.16.020 Unsanitary conditions.
No person shall keep upon any premises any animals, poultry or household pets in a foul, obnoxious,
filthy or unsanitary condition. (Ord. 234 (part), 1982)
7.16.030 Poultry and rabbit keeping.
A. No person shall keep upon any premises in the city any poultry or rabbits:
1. Within fifty feet of any dwelling; or
2. If more than twelve in all of any such rabbits or poultry are kept, within seventy-five feet of
any dwelling.
B. No person shall keep upon any premises in the city more than twelve such rabbits or poultry,
except by first having a special permit of the council, or keep any rooster of crowing age within one
hundred feet of any dwelling. This provision limiting the maximum number of rabbits or poultry shall
not be retroactive or effective as to rabbit or poultry ranches or processing plants actually in operation
on the effective date of the ordinance codified herein.
C. The owner or person in charge of such rabbits or poultry kept in the city shall provide suitable
houses or cotes with board or cement floors in each and every house and cote and said houses, cotes
or pens shall at all times be kept clean. (Ord. 234 (part), 1982)
7.16.040 Keeping of pygmy livestock.
Pygmy livestock may be kept or maintained upon any premises subject to the following regulations:
A. Male pygmy livestock must be neutered before they reach sexual maturity.
B. Pygmy livestock shall be subject to the leash law.
C. Persons keeping pygmy livestock must obtain a permit from the city.
D. No person or persons may own, harbor, or maintain or cause to be maintained more than two
pygmy animals at any dwelling within the city. (Ord. 434 § 2, 1993: Ord. 234 (part), 1982)
7.16.050 Keeping of other animals.
A. No person shall keep upon any premises in the city any other animals as defined in this title:
1. On any lot containing less than twenty thousand square feet; or
2. In any corral, barn or other enclosure within seventy-five feet of any dwelling;
3. Exceptions may be granted only for the purpose of raising a market lamb which is to be exhibited
at a livestock show. Applications for such exceptions shall be submitted to the city administrator, in
writing, no later than thirty days prior to the date upon which the exception is to become effective.
The period for which any exception may be granted shall not exceed sixty consecutive calendar days,
129
(Morro Bay 1 -95)
• •
13.04.010
VII. Emergencies
13.04320 Determination of low water level.
13.04330 Council water conservation powers.
13.04340 Public works director powers.
13.04345 Mandatory water conservation requirements.
VII1. Fire Hydrants
13.04350 Damaging and tampering with hydrants.
13.04360 Contractor's use.
13.04370 Moving of fire hydrants.
1X. Fire Protection
13.04380 Private connection — Furnishing.
13.04390 Private connection —Quantitative charges.
13.04.400 Private connection— Violation.
13.04.410 Ownership of private connection.
13.04.420 Private connection — Pressure and supply.
13.04.430 Rates for automatic fire protection service.
X. Equipment
13.04.440 Customer equipment.
13.04.450 City property.
13.04.460 Shut off and regulating valves.
13.04.470 Cross- connections.
• For statutory provisions regarding municipal operation and/or regulation of the city's water supply, see Gov. Code 4 38730 et
seq.; for provisions authorizing the city to prescribe. revise and collect charges for services, facilities or water furnished by it.
see Gov. Code 4 54344
I. General Provisions
13.04.010 Statement of policy.
The city will furnish water service in accordance with the regulations contained in this chapter
and in accordance with other applicable ordinances, to any property within the city limits and to such
areas outside the city limits as the council may designate.
In all cases water shall be supplied only through water meters installed as set forth in this chapter
and in each case the customer shall be charged directly for all water passing through the meter, irrespective
of the number of users of the water subsequent to its passage through the meter.
Applications for service to a premises for which a service connection has already been installed
may be made as set forth in this chapter. Such application will signify the customers' willingness and
intention to comply with these regulations or rates duly adopted, and to make payment for water service
rendered. Service will be started and discontinued without charge for applicants owning property within
the city limits.
If application is made for service to property where no service connection has been installed,
but a distribution main is adjacent to the property, the applicant, in addition to making application for
service, shall comply with the regulations governing the installation of services. Where an extension
of the distribution mains is necessary or a substantial investment is required to furnish service, the applicant
will be informed by the water department as to whether or not the service can be extended under these
regulations as set forth in this chapter. (Ord. 106 § 1, 1972; Ord. 13 § 1 (part), 1965: prior code § 9100)
13.04.020 Definitions.
As used in this chapter the following terms shall have the meaning specified after each word:
(Morro Bay 2.92)
226
•
13.04.060
13.04.060 Right of entry.*
Representatives from the water department shall have the right of ingress and egress to the customer's
premises at reasonable hours for any purpose reasonably connected with the furnishing of water service.
(Ord. 13 § 1 (part), 1965: prior code § 9122)
• For specific provisions regarding right of entry, see Chapter 1.08 of this code.
H. New Service
13.04.070 Application for regular service.
Each applicant for water service shall be required to sign an application form provided by the
water department or make application by letter showing the date of application, location of premises
to be served, mailing address, date applicant desires service, and such other information as may be
required.
Letter applications will be honored to furnish service as requested. Upon receipt of said application,
the water department will immediately send an application form for signature which shall be returned
within ten days.
See Master Fee Schedule. (Ord. 225 § 55, 1983; Ord. 67 § 1, 1967: Ord. 13 § 1 (part), 1965:
prior code § 9102)
13.04.080 Payment for previous service.
An application for service will not be honored unless payment in full has been made for water
service previously rendered to the applicant by the city. (Ord. 13 § 1 (part), 1965: prior code § 9103)
13.04.090 Installation of service connections.
Water service connections will be installed at the location and of such size as desired by the applicant
where such requests are reasonable. Service connection installations will be made only to property abutting
on public streets or to such distribution mains as may be constructed in alleys or rights-of-way at the
convenience of the water department. Service connections installed in new subdivision prior to the
construction of streets or in advance of street improvements, must be accepted by the applicant in the
installed location. (Ord. 13 § 1 (part), 1965: prior code § 9104)
13.04.100 Charges for new service connections.
Charges for new service connections shall be payable in advance. The cost of installation for
service connections shall be determined by the water department and shall include all costs for labor,
materials, meter and overhead, in accordance with the Master Fee Schedule.
The cost of installation shall be deemed the service connection charge and there shall be no refunds
after installation is completed.
Any person required under the subdivision ordinance to install service connections at his own
expense shall be exempt from a service connection charge.
Charges for installing service connections outside the city limits shall be made at double the rates
applicable for charges for service connections inside the city. (Ord. 225 § 56, 1982; Ord. 155 § 2, 1977:
Ord. 67 § 2, 1967: Ord. 13 § 1 (part), 1965: prior code § 9105)
13.04.110 Main extensions for new customers — Conditions.
Mains will be extended to serve all new customers under the following conditions:
A. No main extension will be made except on an approved dedicated street, alley or recorded
easement;
B. Cost of installing the main extension and all related water facilities to serve the customer's
property shall be borne by the customer;
(Mono Bay 1.93)
228
•
13.04.180
B. Adjustment of Bills for Meter Error. When, upon test, a meter is found to be registering more
than two percent fast, under conditions of normal operations, the water department will refund to the
customer the full amount of the overcharge, base on corrected meter reading for the period, not
exceeding six months. that the meter was in use.
C. Nonregistering Meters. The water department may bill the customer for water consumed while
the meter was not registering. The bill will be at the minimum two month meter rate or will be
computed upon an estimate of consumption based either upon the customer's prior use during the same
season of the year or upon a reasonable comparison with the use of other customers receiving the same
class of service during the same period and under similar circumstances and conditions.
Any adjustments required to be made for meter errors under subsections B and C shall be
approved by the city administrator or his designated representative. (Ord. 225 § 60, 1982; Ord. 67 §
6, 1967; Ord. 13 § 1 (part), 1965: prior code § 9111)
V. Rates and Charges
13.04.190 Rendering of bills.
A. Meter Readings. Meters will be read at regular intervals for the preparation of regular bills,
and as required for the preparation of opening bills, closing bills and special bills.
B. Billing Period. The regular billing period shall be every month.
C. Closing Bills for Metered Service. Closing bills for periods smaller or greater than normal
shall be determined as follows:
1. If actual use is greater than the normal two month minimum rate, the charge shall be based
on actual consumption;
2. If service is discontinued within one month from the date of the previous billing period, the
charge shall not be less than one -half the minimum two month rate;
3. If service is discontinued during a period of more than one month but less than two months
from the date of the previous billing period, the charge shall not be less than the normal two month
rate;
4. Deposits made by customers for water service shall be applied to the customers closing bill
when service is discontinued and refunds will be made on the remaining balance.
5. The date service is discontinued will be the date the customer signs a turn-off request or the
date a letter requesting discontinuance of service is received at the water department office. (Ord. 313
§ 1, 1987; Ord. 67 § 6 (part), 1967; Ord. 13 § 1 (part), 1965: prior code § 9110A)
13.04.200 Payment of bills.
A. Periodic bills are due and payable on presentation. Payment may be made at the water
department's office or by mail.
B. Closing bills, if service is to be discontinued, are due and payable on presentation. Collection
will be made at the time of presentation.
C. Water bills shall be payable on the date of presentation and shall become delinquent on and
after the last day of that month.
D. When bills are delinquent, the water department may demand that the full amount of both
delinquent and current bills be paid.
E. A penalty will be imposed on each delinquent billing. The city council shall, by resolution,
establish the amount of the penalty. (Ord. 313 § 2, 1987; Ord. 213 § 2, 1981; Ord. 67 § 6 (par), 1967;
Ord. 13 § 1 (part), 1965: prior code 9110B)
13.04.210 Billing of separate meters.
Each meter on a customer's premises will be considered separately and the readings of two or
more meters will not be combined unless specifically provided for in the rate schedule, or unless the
water department's operating convenience required the use of more than one meter, or of a battery
231
(Morro Bay 1.95)
• •
13.04.210
of meters. The minimum monthly charge for such combined meters will be based on the diameter of
the total combined discharge areas of the meters. (Ord. 13 § 1 (part), 1965: prior code § 9110)
13.04.220 Rates for service and deposits.
A. The city council shall, in the Master Fee Schedule, establish the rates which will be charged
for water service including, but not limited to, meter or availability charge and gallonage or cubic footage
charge.
B. The city council shall, in the Master Fee Schedule, establish the amount of the deposit which
will be required to establish credit for service rendered to premises not owned by the applicant.
C. The city council shall, in the Master Fee Schedule, establish the rates which will be charged
for water service to licensed health care facilities. (Ord. 440 (part), 1994; Ord. 225 § 103, 1982; Ord.
106 § 3, 1972: prior code § 9123)
13.04.230 Collection of past -due accounts.
A. In the event that any fees and other charges due from any occupant of any premises for utility
services, as provided for in Title 13 of this code, should become due and payable and fall delinquent,
the owner or owners of the premises, whether or not other than the occupant, shall forthwith be jointly
and severally liable for the payment of all such fees and charges which have fallen delinquent.
B. The council hereby adopts procedures similar to those appearing in Government Code Section
54.354 et seq for the purpose of collecting delinquent utility- service charges and penalties:
1. Any charges or fees authorized pursuant to the provisions of Title 13 of this code, which charges
remain unpaid for a period of sixty days after the date upon which they are billed, may be collected
thereafter by the city from the owner of record of any premises provided utility services as follows:
a. Once each year, the council shall cause to be prepared a report of delinquent charges, fees
and penalties. The council shall fix a time, date and place for hearing the report and objections or protest
thereto.
b. The council shall cause a notice of the hearing to be mailed to the landowners listed on the
report not less than thirty days prior to the day of the hearing.
c. At the hearing, the council shall hear any objections or protests of landowners liable to be
assessed for delinquent charges, fees and penalties. The council may make such revisions or corrections
to the report as it deems just, after which, by resolution, the report shall be confirmed.
d. The delinquencies set forth in the report as confirmed shall constitute a lien on the property
for the amount of such delinquent charges, fees and penalties. The lien created shall attach upon the
recordation in the office of the county recorder of a certified copy of the resolution of confirmation.
2. a. In the event that any fees and other charges due from any occupant of any premises for
sewer services, as provided for in Title 13 of this code, should become due and payable and fall delinquent,
the owner or owners of the premises, whether or not other than the occupant, shall forthwith be jointly
and severally liable for the payment of all such fees and charges which have fallen delinquent.
b. The city council elects to have delinquent sewer service charges collected on the county tax
roll in the same manner as its general taxes, as an alternative to other methods of collection prescribed
in this chapter, pursuant to Health and Safety Code Sections 5473 through 5473(a).
3. Nothing contained in this chapter shall limit the right of the city to proceed against any customer
for any delinquencies due under Title 13 of this code. Nothing contained in this chapter shall prevent
the city from availing itself of any other legal remedy by which the city might collect such charges,
fees or penalties. (Ord. 290, 1986: Ord. 217, 1982: Ord. 13 § 1 (part), 1965: prior code § 9129)
(Morro Bay 1.95)
232
13.04.240
13.04.240 Circuses, carnivals and traveling shows.
In the case of circuses, carnivals and traveling shows requiring temporary water service, and
where water is furnished through a fire hydrant, there shall be charged and collected from the owner
or person in responsible charge thereof. according to the Master Fee Schedule. (Ord. 225 § 61, 1982;
Ord. 13 § 1 (part), 1965: prior code § 9127)
VI. Discontinuance of service
13.04.250 Nonpayment of bills.
A. A customer's water service may be discontinued if a bill is not paid on or before the tenth
day of the following month after presentation. Date of presentation shall be the date upon which a
bill or notice is mailed or delivered personally to the customer.
B. A customer's water service may be discontinued if water service furnished at a previous
location is not paid on or before the tenth of the month following date of presentation.
C. If a customer received water service at more than one location, and the bill for service at
any one location is not paid on or before the tenth day of the month following date of presentation,
water service at all locations may be turned off.
D. A customer wasting water excessively and failing to correct this waste after being notified,
will have his water turned off. (Ord. 13 § I (part), 1965: prior code § 9112A)
13.04.260 Unsafe apparatus.
A. The water department may refuse to furnish water and may discontinue service to any
premises where apparatus. appliances or equipment using water is dangerous, unsafe, or not in
conformity with any laws or ordinances.
B. All individuals or business organizations are forbidden to attach any ground wire or wires
to any plumbing which is or may be connected to a service connection or main belonging to the
water department. The water department will hold the customer liable for any damage to its
property occasioned by such ground wire attachments.
C. The water department does not assume liability for inspecting apparatus on the customer's
property. The water department does reserve the right of inspection, however, if there is reason to
believe that unsafe apparatus is in use. (Ord. 13 § I (part). 1965: prior code § 91I2B)
13.04.270 Service detrimental to others.
The water department may refuse to furnish water and may discontinue service to any
premises where the demand is greatly in excess of the past average or seasonal use, and where such
excessive demands by one customer are or may be detrimental or injurious to the service furnished
to other customers.
The water department may refuse to furnish water and may discontinue service to any
premises where excessive demands by one customer will result in inadequate service to others. (Ord.
13 § 1 (part), 1965: prior code § 9112C)
13.04.280 Fraud and abuse.
The water department shall have the right to refuse or to discontinue water service to any
premises to protect itself against fraud or abuse. (Ord. 13 § I (part), 1965: prior code § 9112D)
13.04.290 Noncompliance.
The water department may, unless otherwise provided, discontinue water service to a cus-
tomer for noncompliance with any of these regulations if the customer fails to comply with them
within five days after receiving written notice of the water department's intention to discontinue
233
• •
17.44.010
Chapter 17.44
PARKING, DRIVEWAY AND LOADING FACILITIES
Sections:
17.44.010 Purpose and intent.
17.44.020 Parking facilities.
17.44.030 Driveways and drive approaches.
17.44.040 Loading facilities.
17.44.050 Exceptions.
17.44.060 Parking management programs and districts.
17.44.010 Purpose and intent.
The purpose and intent of these parking, driveway and loading regulations are as follows:
A. To minimize street congestion and traffic hazards;
B. To provide safe and convenient access to land uses. (Ord. 263 § 1 (part), 1984)
17.44.020 Parking facilities.
A: Off-street parking — General requirements.
1. Facilities required. For every structure erected or enlarged, and for all land devoted to a new
use. and for any structure or land changed to a more intensive use that would require the provision
of more parking spaces over what already exists, there shall be provided off-street parking spaces in
accordance with the requirements and standards of this chapter. A change. expansion, or intensifica-
tion of land use which would increase the number of parking spaces required as provided in this title
shall be based only upon the number of spaces required for the change or expansion.
2. Requirements for Uses Not Listed. The director shall determine the parking requirement
based on the parking required for the most similar use of equivalent intensity.
3. Mixed Uses Sites. Where more than one use is located on a site or within a master - planned
development with common parking areas. the parking requirement shall be determined by adding
the requirements for the individual uses.
4. Mixed Function Buildings. Where a building occupied by a single use contains several
functions. the parking requirement is to be determined as that required for the principal use based
on the total area of all internal functions.
5. Joint Use Parking Facilities. The director may authorize the joint use of parking space
where there is no conflict in the operating hours of the concerned uses or where the total number of
spaces is not Tess than the sum of the individual parking requirements of the joint users, provided
that the concerned parties submit an adequate executed agreement governing the joint parking.
6. Off-site Parking Facilities. Off - street parking requirements may be met partially or wholly
upon a site other than the site on which the use the structure to be served by the parking is located,
provided that said site is within six hundred feet of the use to be served and that an adequate
indenture is recorded designated the off-street parking facility and the use or structure to be served,
providing legal description of the sites. and certifying that the parking facility shall not be used for
any other purpose.
Upon submission of satisfactory evidence that other off-street parking facilities that meet the
requirements of this chapter have been provided. or that the use requiring off -site parking has
ceased. been removed. or altered so as to no longer require the off -site parking facility, the planning
commission shall remove the restriction.
7. Parking In -lieu Fees. Where it can be demonstrated that the reasonable and practical
development of commercially zoned property precludes the provision of required off - street parking
on the property located within the parking management plan area defined in Figure A attached to
the ordinance codified in this section and on file in the office of the city clerk. the city council. upon
454-1
(Morrow Bay 2 -89)
• •
17.44.020
recommendations of' the community development director, may permit the applicant to satsify
parking requirements by payment of an in -lieu parking fee. The city council will determine the total
parking program with each individual project at the time of permit process review.
Fees accepted under this provision will be used by the city to provide the additional required
parking at another location in lieu of the applicant providing the required off -street parking on his
site. Such parking shall be provided within a reasonable distance from the contributing project. All
such fees collected shall be used by the city for the planning, design, acquisition or lease of land, and
development and redevelopment of public parking facilities within the parking management plan
area.
Any off- street parking satisfied through this provision shall run with the land, and any
subsequent change of use that requires more parking shall require subsequent action to satisfy the
additional parking requirement. No refund of such payment shall be made when there is a change to
a use requiring less parking.
The number of parking spaces required and used to calculate the in -lieu fee shall be determined
according to the provisions of Chapter 17.44 and any other applicable provisions of the zoning
ordinance and this code.
A change of ownership or the dividing or merging of properties shall not affect an obligation for
parking in -lieu fees or a determination that parking requirements have been met according to fees
paid for a particular use.
The fee to be charged for each parking space required shall be set by resolution by the city
council and may be modified from time to time, and shall be payable in acordance with admin-
istrative policies established in this chapter. In setting such fees, the council shall consider all costs
associated with the provision of the necessary parking including planning, design. land acquisition
or lease costs and construction of improvements.
The per space fee for new construction, additions or changes in occupancy shall be paid in a
lump sum, prior to the issuance of construction permits for the structure or occupancy for which the
parking is required or prior to the issuance of a city business license for the activity for which the
parking is required, if no construction permit is required.
All fees collected and all interest earned thereon shall be placed in the parking facilities fund
established by the city council and shall be used only for the purposes set forth in this section and for
the benefit of the contributing project.
Nothing in this section shall preclude the formation of a parking assessment district coter-
minous with the parking managment plan area. Any property participating in the in -lieu fee
program shall be required to participate in the assessment district ifa parking assessment district is
established. Funds derived from each property through a combination of the in -lieu fee and
assessment payments shall equal the fair market value of the cost of converting the required parking
into a municipal parking lot, as estimated by the public works director. In -lieu fees accepted by the
city shall be credited against a project's full obligation established by n assessment district formula.
8. Bicycle Facilities. Each use for which ten or more parking spaces are required shall provide
facilities where bicycles may be locked. at the rate of one bicycle space for each five vehicle parking
spaces. The location of such facilities shall be convenient to cyclists and shall be in an open location
away from traffic flow near the front of the parking lot.
B. Off- street parking— Requirements by Use. When determining the parking requirements
for land uses, the following standards shall be used:
1. Residential Uses.
a. Boardinghouses, Fraternities. Sororities. One space for each one and one -half of occupants
or one and one -half spaces for each bedroom. whichever is greater.
b. Mobile Homes. One space for each unit. to be located with the unit, plus one -half spaces for
each unit. which may be located in common or guest parking areas,
c. Single - family Dwellings. Twocovered spaces for each dwelling, at least one of which shalt be
covered and enclosed except as provided below. Exception: existing dwellings where two spaces
have not been previously required by this title may be altered or expanded with only one covered
(Morrow Bay '.891
454-2
• ORDINANCE NO. 458 •
AN ORDINANCE OF THE CITY OF MORRO BAY
EXTENDING THE TIME OF
AN INTERIM ORDINANCE PROHIBITING THE ESTABLISHMENT
OF ADULT ENTERTAINMENT BUSINESSES
WHEREAS, the City of Morro Bay does not currently regulate adult bookstores, adult movie
theaters and other adult oriented businesses, including live adult entertainment ( "adult entertainment
businesses ") any differently than other businesses operating in the City; and
WHEREAS, the City Council, on February 10, 1997, found and determined that there are
substantial adverse secondary effects of adult entertainment businesses, which secondary effects include,
among other things, an increase in crime and a decrease in property values and retail trade; and
WHEREAS, the City Council, on February 10, 1997, adopted by unanimous vote Ordinance
No. 457, an interim ordinance prohibiting the establishment of adult entertainment businesses based on
the findings contained therein; and
WHEREAS, the City Council, on March 10, 1997, issued a written report describing the
measures taken to alleviate the condition which led to the adoption of Interim Ordinance No. 457 as
required by Government Code Section 65858(d); and
WHEREAS, the City Council finds that a 10 month and 15 day extension of the prohibition on
establishing adult entertainment businesses, which may be passed by at least four affirmative votes in
accordance with Government Code Section 65858(a), is necessary to preserve the public peace, health or
safety because 45 days is an insufficient amount of time to develop appropriate regulations for adult
entertainment businesses; and
WHEREAS, the City Council finds that a 10 month and 15 day time extension of Ordinance
No. 457 will continue to prevent an influx of applications for adult entertainment businesses that may
otherwise occur while the City is in the process of enacting constitutional regulations for adult
entertainment businesses;
NOW, THEREFORE, the City Council of the City of Morro Bay does ordain as follows:
SECTION 1: Extension of Interim Prohibitions. No "adult entertainment business" as defined
in Section 2(A) of Ordinance No. 457 shall be established in any area of the City of Morro Bay for an
additional 10 months and 15 days beyond the original effective period of 45 days from the date of
adoption.
SECTION 2: All other provision of Interim Ordinance No. 457 remain in full force and effect.
PASSED AND ADOPTED by the Council of the City of Morro Bay at a regular public
meeting held on the 24th day of March, 1997, on motion of Councilmember Anderson seconded
by Councilmember Elliott and on the following vote:
AYES: Anderson, Elliott, Peirce, Peters, Novak
NOES: None
ABSTAIN: None
ABSENT: None
C'i\ td ac..
CATHY NOVA , Mayor
• •
ORDINANCE NO. 457
AN INTERIM ORDINANCE OF THE CITY OF MORRO BAY
PROHIBITING THE ESTABLISHMENT OF
ADULT ENTERTAINMENT BUSINESS
WHEREAS, the City of Morro Bay does not currently regulate adult bookstores, adult
movie theaters and other adult oriented businesses, including live adult entertainment ( "adult
entertainment businesses ") any differently than other businesses operating in the City; and
WHEREAS, the City Council finds and determines that there are substantial adverse
secondary effects of adult entertainment businesses, which secondary effects include, among
other things, an increase in crime and a decrease in property values and retail trade; and
WHEREAS, the City Council finds and determines that there is a need to regulate adult
entertainment businesses because of the adverse secondary effects of such businesses and the
City of Morro Bay intends to study, evaluate, prepare and enact an amendment to the City of
Morro Bay Municipal Code to regulate adult entertainment businesses; and
WHEREAS, the City Council finds and determines, in light of the fact that the City of
Morro Bay does not currently regulate adult entertainment businesses, that there is a current and
immediate threat to the public health, safety, or welfare from the secondary effects of adult -
oriented businesses that could be located in the City, such as reduction of the quality of urban
life, increase in crime, diminished retail trade, diminished property values, diminished tourism
and urban blight; and
WHEREAS, the City Council may adopt an interim ordinance for preserving the public
peace, health or safety which may be adopted at once if passed by at least four affirmative votes;
and
WHEREAS, the City Council finds that the immediate imposition of a forty-five (45)
day moratorium on the establishment of any adult entertainment business by adoption of this
interim ordinance will prevent an influx of applications for adult entertainment business licenses
that may otherwise occur while the City seeks to create and enact constitutional regulations for
adult entertainment businesses.
NOW, THEREFORE, the City Council of the City of Morro Bay does ordain as
follows:
SECTION 1: Interim Prohibitions: No "adult entertainment business" as defined in Section
2(A) of this Ordinance shall be established in any area of the City of Moro Bay during the 45
calendar days following the adoption of this Ordinance, and during any subsequent period of
time approved by a four - fifths vote of the City Council, up to a maximum period of 2 years and
15 days.
• •
SECTION 2: Definitions: For purposes of this Interim Ordinance, the following terms shall be
defined as follows:
A. "Adult entertainment business" shall mean those businesses defined as follows:
1. Adult bookstore, adult novelty store, or adult video store is an establishment with
more than 25% of: (a) its floor area devoted to; or (b) stock -in -trade consisting of or (c)
gross revenues derived from, and offering for sale for any form of consideration, any one
or more of the following:
a) Books, magazines, periodicals or other printed matter, photographs,
drawings, motion pictures, slides, films, tapes, video cassettes, records, or other
visual or audio representations which are characterized by an emphasis upon the
depiction or description of "specified sexual activities" or "specified anatomical
areas."
b) Instruments, devices or paraphernalias which are designed to be used in
connection with "specified sexual activities; or
c) Goods which are replicas of, or which simulate "specified anatomical
areas," or goods which are designed to be placed on or in "specified anatomical
areas," or to be used in conjunction with "specified sexual activities."
2. "Adult live entertainment theater" means any place, building, enclosure or
structure, partially or entirely used for "live adult entertainment" performances or
presentations characterized by an emphasis on depicting, exposing, displaying, describing
or relating to "specified sexual activities" or "specified anatomical areas" for observation
by patrons or customers therein.
"Live adult entertainment" means any physical human body activity, whether
performed or engaged in alone or with other persons, including but not limited to singing,
walking, speaking, dancing, acting, posing, simulating, wrestling or pantomiming, in
which the performer or performers expose to public view without opaque covering
"specified anatomical areas" for entertainment value for any form of consideration.
3. "Adult motion picture or video arcade" means any business wherein coin, paper,
note, or token operated or electronically, electrically, or mechanically controlled still or
motion picture machines, projectors, or other image - producing devices are maintained to
show images to four or fewer persons per machine, at any one time, and where the
predominant character or theme of the images so displayed is distinguished or
characterized by its emphasis on matter depicting, or relating to "specified sexual
activities" or "specified anatomical areas."
• •
4. "Adult motion picture theater" means any business, other than a hotel or motel
which provides closed circuit viewing to each individual room as a secondary service to
its motel customers, with the capacity of five or more persons where, for any form of
consideration, films, motion pictures, video cassettes, slides, or similar photographic
reproductions in which the predominant character and theme is distinguished or
characterized by its emphasis on matter depicting or relating to "specified sexual
activities" or "specified anatomical areas" as defined in this section. This includes,
without limitation, showing any such slides, motion pictures or videos by means of any
video tape system which has a display, viewer, screen or a television set.
5. "Exceptions." An "adult entertainment business" shall not include:
a) Bona fide medical establishments operated by a properly licensed and
registered medical and psychological personnel with appropriate medical or
professional credentials for the treatment of patients.
b) Persons depicting "specified anatomical areas" in a modeling class
operated:
1) By a college, junior college, or university supported entirely or
partly by public revenue; or
2) By a private college or university which maintains and operates
educational programs in which credits are transferable to a college, junior
college, or university supported entirely or partly by public revenue; or
3) In a structure operated either as a profit or not - for - profit facility:
(a) Which has no sign visible from the exterior of the structure
and no other advertising that indicates a nude person is available
for viewing; and
(b) Where, in order to participate in a class, a student must
enroll at least three days in advance of the class.
c) The practice of massage in compliance with the City of Morro Bay
Municipal Code, and not in violation of this Ordinance.
B. "Establish ". "Establish" shall mean and include any of the following:
1. The opening or commencement of any adult entertainment business as defined in
this Section; or
2. The conversion of an existing business, whether or not an adult entertainment
business, to any adult entertainment business as defined in this Section; or
• •
3. The relocation of any adult entertainment business; or
4. The addition of any of the "adult entertainment businesses" defined herein to any
other existing adult entertainment business.
C. "Specified anatomical areas." "Specified anatomical areas" shall include the following:
1. Less than completely and opaquely covered human genitals, pubic region,
buttock, anus, and/or the female breast below a point immediately above the top of the
areola; and
2. Human male genitals in a discernibly turgid state, even if completely and
opaquely covered.
D. "Specified sexual activities." "Specified sexual activities" shall include the following:
1. Actual or simulated sexual intercourse, oral copulation and intercourse, oral -anal
copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or
torture in the context of the sexual relationship, or the use of excretory functions in the
context of a sexual relationship, and any of the following sexually oriented acts or
conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia,
pederasty, pedophilia, piquerism, sapphism, zooerasty; or
2. Clearly depicted human genitals in a state of sexual stimulation, arousal or
tumescence; or
3. Human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or
4. Fondling or touching of nude human genitals, pubic region, buttocks or female
breast; or
5. Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or
6. Erotic or lewd touching, lewd fondling or other lewd contact with an animal by a
human being; or
7. Human excretion, urination, menstruation, vaginal or anal irrigations.
SECTION 3: Duration. This Interim Ordinance shall terminate and be of no further force
or effect 45 calendar days from the date of adoption unless extended by action of the City
Council.
• •
SECTION 4: Severability. If any provision, section, subsection, sentence, clause or phrase of
this Ordinance, or the application of same to any person or set of circumstances if for any reason
is held to be unconstitutional, void or invalid, the invalidity of the remaining portions of this
Ordinance shall not be affected thereby, it being the intent of the City Council in adopting this
Ordinance that no portion thereof, or provisions, or regulations contained herein, shall become
inoperative, or fail by reason of any unconstitutionality of any other portion hereof, and all
provisions of this Ordinance are declared to be severable for that purpose.
SECTION 5: Effective Date. This Ordinance is, for the reasons specified in Section 1 of the
Ordinance, declared to be necessary an immediate measure for preserving the public peace,
health and safety, and is therefore adopted as interim legislation and shall be effective
immediately. The City Clerk shall cause a summary of this Ordinance, approved by the City
Attorney, to be published within five (5) days of passage in a newspaper of general circulation,
but delay in publication, or even failure to publish, shall not affect its validity. A copy of the full
text of this Ordinance shall be on file in the office of the City Clerk on and after the date
following passage and shall be available to any interested member of the public.
INTRODUCED AND PASSED by the City Council of the City of Morro Bay at a
meeting held on the 10th day of February, 1997, on motion by Mayor Novak, seconded by
Councilmember Elliott, and on the following roll call vote:
AYES: Anderson, Elliott, Peirce, Peters, Novak
NOES: None.
ABSENT: None.
ATTEST:
Bridgett Batjer City Clerk
APPROVED:
oL
Dave Howell, City Administrator
APPROVED AS TO FORM:
City Attorney
Cathy No , Mayor
0,A. 4S1 p
•
• •
ORDINANCE NO. 456
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
ANNOUNCING FINDINGS AND ADOPTING AMENDMENTS TO
CHAPTER 13.20 OF THE MORRO BAY MUNICIPAL CODE
TO IMPLEMENT THE 1995 CERTIFIED WATER MANAGEMENT PLAN
THE CITY COUNCIL
City of Morro Bay, California
SECTION 1:
WHEREAS, the Planning Commission of the City of Morro Bay, on May 5, 1997 by
adoption of Resolution No. 01 -97, after duly noticed Public Hearings, made recommendations
to the City Council for approval of amendments to Chapter 13.20 of the Morro Bay Municipal
Code to implement the City's certified Water Management Plan through the adoption of
regulations for the allocation of these resources to new development; and
WHEREAS, on the 12th day of May, 1997, the City Council did hold a duly noticed
Public Hearing, to consider the amendments to Chapter 13.20 of the Morro Bay Municipal
Code, including the recommended of the Planning Commission; and
WHEREAS, the Environmental Coordinator determined that the California Coastal
Commission is the lead Agency for Local Coastal Plan Amendments for the purposes of the
California Environmental Quality Act; and
WHEREAS, following the hearing, and consideration of the testimony of all persons,
both written and oral, the City Council approved the amendments based upon the following
findings:
I . The amendments are intended to implement Water Management Plan, consistent with the
policies of the Local Coastal Plan - Chapter V, Public Works Water and Wastewater
Facilities and Allocating these Resources to New Development, as well as portions of the
General Plan - Chapter II, Land Use, Open Space and Conservation Element; and
2. The amendments are intended to improve the desirability of investment or occupation in
the city by proceeding with the implementation of the certified Water Management Plan
by allocating available water resources in accordance with the new provisions contained in
revised Morro Bay Municipal Code Chapter 13.20, Allocation of Water Resources, as
attached and referenced herein; and
3. The amendments are consistent with the intent of the State Coastal Act; and
4. The amendments were published and made available for public review in accordance with
Section 13515 of the Califomia Code of Regulations.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Morro
Bay, California, as follows:
SECTION 2: Morro Bay Municipal Code Chapter 13.20, Building Limitation, is hereby repealed.
• •
City of Morro Bay
Ordinance No. 456
Page Two
SECTION 3: Morro Bay Municipal Code Chapter 13.20, Allocation of Water Resources, is
hereby adopted as shown in Attachment 1, included herein by reference and made a part of this
ordinance.
SECTION 4: To implement the amendments adopted herein the City Council of the City of
Morro bay, California, hereby directs as follows:
1. This Ordinance adopting the Municipal Code amendments shall be transmitted promptly
to the California Coastal Commission with the request that the Commission certify the
amendments; and
2. The City of Morro Bay hereby finds that the Local Coastal Program Implementation
Program Amendments (repealed and replaced MBMC Chapter 13.20) are in compliance
with the intent, objectives, and policies of the California Coastal Act and that the City
will carry out the Local Coastal Program, including these amendments in a manner fully
consistent with the California Coastal Act and all its provisions; and
3. These amendments shall take effect immediately upon certification by the California
Coastal Commission.
INTRODUCED at a regular meeting of the City Council of Mono Bay, held on the 12th
day of May, 1997, by motion of Councilmember Peters, and seconded by Councilmember
Anderson
PASSED, AND ADOPTED, on the 27th, day of May. 1997 by the following vote:
AYES. Anderson, Elliott, Peirce, Peters, Novak
NOES; None
ABSENT. None
ATTEST:
BRIDGETf'3AUER, City Clerk
APPROVED AS TO FORM:
A 4111111.T4
DAVID R. HUNT, City Attorney
tm
CATHY NO AK, Mayor
• •
CITY OF MORRO BAY
ORDINANCE NO. 456
ATTACHMENT 1
(Adopted May 27, 1997)
CHAPTER 13.20
ALLOCATION OF WATER RESOURCES
Sections:
13.20.010 Intent and findings.
13.20.020 Definitions.
13.20.030 Responsibilities of the public works director.
13.20.040 Responsibilities of the public works advisory board.
13.20.050 Responsibilities of the planning commission.
13.20.060 Responsibilities of the city council.
13.20.070 Submission of annual report by the public works director.
13.20.080 Projects defined which do not need an award of water equivalency units.
13.20.090 Projects defined which do need an award of water equivalency units.
13.20.100 Transferability of water equivalency units.
13.20.110 Water equivalency table.
13.20.120 Time limit for using water equivalency units.
13.20.130 Limitations on allocations of water.
13.20.010 Intent and findings.
A. The intent of this chapter is to regulate the addition of new water users to the city's
water system, whether new construction, expansions or new occupancies, to ensure that demand
for water shall not exceed available supply and that the pace of allocating the available water
supply to new users is reasonable and orderly.
B. The city of Morro Bay presently has a limited amount of water resources; this fact is
not only recognized by the city but also by the state of California in various actions of the
California Coastal Commission limiting new development within the city limits. New water
users must be regulated, accordingly, to ensure that demand does not exceed supply and that the
pace of development using available water is orderly and reasonable.
C. The regulations established by Ordinance 266 (Measure F) and this chapter may
effectively limit the number of housing units which may be constructed on an annual basis, but
such limitation is necessary to protect the public health, safety and welfare. If water use exceeded
supply and adequate water were not available to users, there could result in increased fire hazard,
adverse impacts on commerce, industry and recreation, and the public health, safety and welfare
would generally be jeopardized.
D. "Development that occurs in an orderly fashion" is means development which can be
served by public utilities, including but not limited to water resources and delivery systems;
Ordinance No. 456
Attachment 1
Chapter 13.20
• •
which encourages infill development; and, which helps to implement the policies and priorities
articulated in the city general plan and local coastal program.
E. Similarly, the public health, safety and welfare is promoted by regulating the pace of
new development so that it occurs in an orderly fashion. Such development helps preserve the
community's character, enhances the attractiveness of the city, better implements adopted plans,
policies and priorities for the physical growth of the city, and tends toward a more efficient use
of available resources including but not necessarily limited to water and water delivery systems.
13.20.020 Definitions.
The following definitions shall be used for interpreting this chapter:
A. "ACCOMMODATION" means commercial transient lodging, i.e. motel, hotel,
campgrounds and Bed & Breakfast establishments.
B. "AFFORDABLE HOUSING" means housing affordable to persons and families with
moderate, low and very low incomes as defined by the State of California.
C. "COASTAL DEPENDENT DEVELOPMENT OR USE" means any development or use
which requires a site on, or adjacent to, the sea to be able to function.
D. "COASTAL RELATED DEVELOPMENT" means any use that is dependent on a
coastal- dependent development or use.
E. "COMMERCIAL FISHING (USES)" means uses directly in support, or in the
performance of commercial fishing activities.
F. "DEVELOPMENT" is defined pursuant to Public Resources Code Section 30106 as
identified in Morro Bay Municipal Code Section 17.12.199 (definitions)
G. "INFILL DEVELOPMENT" means development of areas within the Urban/Rural
Boundary.
H. "LEGALLY PERMITTED BUILDINGS, USES OR OCCUPANCIES" means any
building, use or occupancy for which any required use permit, building permit or business license
had been secured and validated, or any legal nonconforming use.
J. "LOWER COST ACCOMMODATIONS" means commercial transient occupancy for
which the operating definition for "lower costs accommodations" shall be based upon the most
recent information from the Motel Association. The subgroup priority of "Lower Cost" Visitor
Services reflects the objectives of Coastal Act implementation to allow coastal access and
enjoyment by persons and families with modest incomes. The differentiation between "Lower
Cost" and "General Rate" will be based on a comparison with like services. If the distinction cannot
2
Ordinance No. 456
Attachment 1
Chapter 13.20
• •
easily be ascertained by the Planning and Building Director, the matter shall be referred to the
Planning Commission. The Commission shall then consider all testimony and render its opinion.
K. "PROJECT" means new construction, additions to existing facilities, changes or
intensification of use or occupancies in an existing facility, or demolition and replacement of
existing facilities.
L. "RETROFIT PROGRAM" means a water conservation method as contained in Coastal
Development Permit No. 04- 81- 309A3, which replaces existing plumbing fixtures with low -
flow fixtures and applying the water equivalency units saved towards a new Project located on
another parcel (Off -Site Retrofit), or to apply the water equivalency units saved as a credit to the
site retrofitted (On -Site Retrofit).
The retrofit program to earn water equivalency units shall terminate with the certification
of this amendment and the ability of the city to serve projects with the water resources identified
in the Water Management Plan.
M. "RECEIVING SITE" means the site where water equivalency units are to be transferred
to.
N. "SOURCE SITE" means the site where water equivalency units are to be transferred
from.
O. "WATER ALLOCATION PROGRAM" means a program adopted each year by the City
Council that establishes the total number of water equivalency units to be allocated for the
coming year, and the method of awarding and administering water equivalency units through the
year.
P. "WATER EQUIVALENCY AWARD" means the water equivalency units assigned to a
project from the sources identified in the Water Management Plan.
Q. "WATER EQUIVALENCY BANK" means 1/2 of water equivalency units accrued
through the Off -Site Retrofit Program, and held (banked) by the City to be awarded at the
discretion of the City Council.
R. "WATER EQUIVALENCY CREDIT" means water equivalency units established on a
site through the methods contained in 13.20.080 of this section.
S. "WATER EQUIVALENCY TABLE" means a table that indicates the average annual
water use of different land uses that is used in calculating how many water equivalency units a
proposed project needs.
3
Ordinance No. 456
Attachment 1
Chapter 13.20
• •
T. "WATER EQUIVALENCY TRANSFER" means the transfer of a water equivalency
unit from a source site to a receiver site.
U. "WATER EQUIVALENCY UNIT" means a unit of measure for water use. Since 1977,
one water equivalency unit has been considered as equal to ten thousand seven hundred eighty
(10,780) cubic feet of water per year, rounded to the nearest hundreds for cubic feet and
hundredths for water equivalencies, which was determined to be the average amount used by a
single - family residence in one year.
Water equivalency units are established to assist the city in regulating the addition of new
water users to the city's limited water system.
V. "VERY -LOW, LOW, MODERATE INCOME" - For the purpose of this section,
moderate, low and very low income persons shall be defined as set forth in California Health and
Safety Code Sections 50079.5 and 50105.
(Historical Note: Under Measure F reference to the definition of in -fill as set forth in Resolution No. 26 -84, is
modified pursuant to its own terms and revised by Resolution No. 23 -95).
13.20.030 Responsibilities of the public works director.
The public works director is charged with:
A. Submitting an annual report to the public works advisory board, the planning
commission, and subsequently to the city council pursuant to Section 13.20.070;
B. Calculating the water equivalency units required by individual projects upon the
submittal of a building permit or where no permit is required, prior to occupancy;
C. Monitoring the water allocation program during each year;
D. Annually updating the water equivalency table and recommend adjusting the
water use rates based on significant changes of water consumption by land use type;
E. Developing operating procedures for the administration of the water allocation
program; such procedures shall be included in the annual report presented to the public works
advisory board, the planning commission, and city council.
F. Awarding of the water equivalency units established for the year to projects, in
accordance with the approved water allocation program
13.20.040 Responsibilities of the public works advisory board
The public works advisory board is charged with reviewing the public works
director's annual report, including the operating procedures and recommending an annual water
allocation program to the city council.
13.20.050 Responsibilities of the planning commission
The planning commission may review the public works director's annual report,
the public works advisory board's recommendation, the operating procedures, amendments to
this chapter, and make recommendations on the annual water allocation program to the city
council.
4
Ordinance No. 456
Attachment 1
Chapter 13.20
• •
13.20.060 Responsibilities of the city council.
The city council is charged with adopting, by January 15th of each year, a water
allocation program for that calendar year, consistent with Ordinance 266 (Measure F). In each
such program it shall set by resolution: 1) the number of water equivalency units available for
residential and commercial development; and 2) the mix of single family and multi - family units.
13.20.070 Submission of annual report by the public works director
A. In December of each year the public works director shall submit a report to the
public works advisory board, the planning commission,_ and city council outlining: 1) the
number of uses receiving water equivalencies; 2) the number of water equivalencies distributed;
3) the total number of water equivalency units banked by the City; 4) the director's
recommendation for the water allocation program for the following calendar year; 5) the city's
current water availability and the continued need for the allocation program to insure coastal
priorities are met; and 6) recommendations for updating the water equivalency table contained in
Section 13.20.110. As part of the report, the public works director shall estimate the amount of
water equivalency units available to award to new development for the coming calendar year,
and provide the council with recommendations for and the results of the implementation of water
conservation measures.
B. The public works advisory board and the planning commission shall consider this
report and forward it to the city council with its recommendations. The city council shall
thereafter hold a public hearing and shall take action to adopt a water allocation program for the
following calendar year.
13.20.080 Projects defined which do not need an award of water equivalency units.
The following types of projects shall not be required to obtain an award of water equivalencies
units:
A. Projects which involve the demolition of a building where the number of water
equivalencies required by the new use is less than or equal to those credited to the demolished
building(s). Water equivalency units credited to demolished buildings shall be limited to the
highest number of water equivalency units credited to legally permitted uses which have existed
in the building since January 1, 1977, based upon the most current water equivalency table
contained in Section 13.20.110 of this code, and any accrued water equivalency savings achieved
through the on -site retrofit program.
B. Projects which involve the replacement of a use or occupancy where the number of
water equivalency units required by the new use or occupancy is less than or equal to those
credited to the site. Water equivalency units credited to the site shall be limited to the highest
number of water equivalency units credited to the legally permitted, nontemporary uses, which
have existed in the building since January 1, 1977, based upon the most current water
equivalency table contained in Section 13.20.110 of this code, and any accrued water
equivalency savings achieved through the on -site retrofit program.
C. Projects which are located on a "receiver" site where the transfer of water equivalency
units is equal to the amount required by 13.20.110.
Projects which are located on a "receiver" site where water equivalencies are being transferred to,
where such equivalencies are equal to the amount required by the project.
5
Ordinance No. 456
Attachment 1
Chapter 13.20
• •
D. Additions or expansions to residential uses, motels, hotels, campground or other uses
for which equivalencies are based on number of units so long as such additions or expansion
does not involve an increase in number of residential, motel, hotel, or campground units.
E. Family day care homes, as defined in Section 17.12.272 of this code.
13.20.090 Projects which do need an award of water equivalency units.
A. No project as defined in this chapter shall be permitted unless it is first reviewed by
the public works director to ascertain whether it will increase likely water usage. Any building
demolished, or use or occupancy discontinued, prior to January 1, 1977 shall not be credited with
water equivalency units. The director shall use the "water equivalency table" contained in
Section 13.20.110 for determining water equivalencies for various uses. If a particular use is not
listed on the table, the director shall estimate equivalencies for that use. Generally, the water
usage records of a sample of like uses already operating in the city shall be used if available. The
time frame for the sampling should be at least seven years of use if available. Any other relevant
information may be used in making a reasonable estimate. The director's decisions regarding
estimates of water usage may be appealed to the planning commission, and subsequently to the
city council. If a proposed project, as defined in this chapter, is found to require water
equivalencies, it shall not be approved for construction, or in cases of changes to, or the
expansion or intensification of, existing uses, the occupancy shall not be approved until and
unless the required water equivalencies have been awarded in accordance with subsection C of
this section, except as provided in section 13.20.080.
B. If a project needs to obtain water equivalencies pursuant to this chapter, the project
proponent shall make application for the water equivalency units as outlined in the current water
equivalency award procedures.
C. The public works director shall award the required water equivalency units to the
proposed project based upon the following findings:
1. There are enough water equivalency units available to be awarded to the specific type
of use for which application has been made;
2. A water equivalency award to the proposed project is consistent with the water
allocation program adopted for the year.
D. City Bank of Water Equivalency Units
The half of the water equivalency units which were earned as part of the Off -Site Retrofit
Program from 1991 to the expiration of the program with the adoption of Ordinance 456 shall
be held by the City in reserve, as a "bank" of water equivalency units. The public works director
shall include an update of the status of this bank in his annual report on the water equivalency
program. The Council, however, may choose at any time to use this bank to serve only
affordable housing and coastal dependent uses, consistent with Ordinance 266 (Measure F) and
Chapter 13.20.130 (Measure I).
6
Ordinance No. 456
Attachment 1
Chapter 13.20
• •
E. Priority for Affordable Housing Projects.
1. In any given year at the time water allocations are authorized by the city council,
priority shall be given for multi - family developments which provide a minimum of fifty percent
of housing which will be guaranteed to be affordable to persons and families with moderate, low
and very low incomes: provided, however:
a. That not more than fifty percent of the multi - family units allocated each year by the
city council pursuant to Ordinance 266 (Measure F) shall be so prioritized;
b. Developments which provide a minimum of fifty percent of affordable housing
including a minimum of twenty -five percent affordable to low and very low income families
shall have a priority over projects for affordable housing which do not provide units for low and
very low income families;
c. Developments which provide one hundred percent affordable housing shall have a
priority over projects which provide fifty percent affordable housing.
2. An applicant desiring low income housing priority shall submit to the planning and
building department a written request for such priority listing the applicant/owner, the address
and legal description of the project property, and agreements as approved by the city attorney,
restricting the sale and/or occupancy of the affordable units in the project to moderate, low or
very low income persons for a period of thirty years after completion of the housing project.
Upon receipt of this information and agreements. the applicant's property will be eligible for
priority in the allocation period for which they apply. If there are not enough water equivalencies
within the period the applicant makes application, the project shall be given priority in a
subsequent period.
3. If a project due to be awarded water fails to qualify and/or submit agreements as
required in this section prior to the award of water, or voluntarily withdraws, the project shall be
removed as a priority within that period.
4. The city, at its option, may contract with a nonprofit housing agency to provide for
administration of various aspects of agreements and other procedures to ensure the effectiveness
of this program to provide long -term low income housing. Costs for such services shall be borne
by the applicant/developer.
5. The city shall encourage the use of banked water for affordable housing projects.
F. In each calendar year, the Planning and Building Director shall insure that the number
of building permits issued to residential and non - residential projects do not exceed the limit set
by Ordinance No. 266 (Measure F).
G. The water allocation program shall be administered as follows:
1. Allocation Periods
a. From January 1st to September 30th of each calendar year 3 /4ths of the water
equivalencies allocated by the City Council shall be made available to projects. The priorities
and percentages of water equivalency units to be awarded shall be as follows:
i. Commercial "A ": 28.7%
ii. Commercial `B" 20.0%
iii. Industrial: 8.5%
iv. Residential: 42.8%
7
Ordinance No. 456
Attachment 1
Chapter 13.20
• •
b. From October 1st to December 31st of each calendar year 1/4 of the total number of
water allocated by the City Council plus all left -over water equivalencies in that year shall be
made available to projects. The intent of this award period is to allow high priority uses to
capture needed equivalencies from the total units which remain available within the calendar
year. Since projections of actual demand cannot be made with certainty, due to the ups and
downs of the market place, this scheme allows a yearly adjustment while addressing Coastal Act
priorities. The water equivalency units shall be awarded as follows:
i. No percentage assignment by land use.
ii. Water equivalency units awarded according to priority order noted in G -1
of this section, for approved projects.
iii. In November of each year, the unallocated multi - family units shall be
made available to single family residential applicants.
2. Priority Categories
a. Commercial "A ":
• Commercial fishing \Agriculture
• Coastal Dependent
• Coastal Related
• Public, quasi - public and institutional uses
• Visitor accommodations:
campgrounds and other lower cost
general rate
• Other visitor- serving commercial, including recreational and restaurant uses
b. Commercial `B ":
• Other non - coastal dependent or non - coastal related commercial and office uses,
including retail
c. Industrial
• Coastal dependent/related
• General Industrial uses
d. Residential
• Multi - family density, low /moderate income
• Single - family density, low /moderate income
• Market rate/higher income single or multi - family density:
3. Mixed Use Projects - Commercial /Residential
8
Ordinance No. 456
Attachment 1
Chapter 13.20
• •
If projects involve mixed uses, that is non - residential uses (e.g.: commercial or industrial)
with residential ones, the following shall be used to place such projects in the allocation priority
list:
a. For mixed uses with only one residence (e.g.: accessory apartment, manager's quarters
or security residence) the entire project, including that one residence, shall be considered in the
appropriate non - residential category.
b. Mixed use projects with more than one residence, the residential portion of the project
shall be considered in the multi family category. The non- residential portion of the project shall be
placed in the appropriate commercial category and shall "wait" separately for water equivalency
award. In such cases, if feasible, a phasing program may be approved whereby the residential and
non - residential portions are built separately, as each obtains its necessary water allocation.
4. Water equivalency awards limitations
a. To avoid one project proponent from collecting water equivalency units to the
exclusion of other project proponents filed subsequently, from January 1st to September 30th of
each calendar year, no one project proponent_ may be awarded more than 25% of the number of
available water equivalency units in any category.
b. Coastal dependent projects, affordable housing projects, and affordable visitor serving
accommodation projects shall be exempt from this provision.
13.20.100 Transferability of water equivalency units.
A. A water equivalency unit shall be awarded only to a specific project in a specific
location. Minor amendments to projects which do not change the type or intensity of use may be
approved without loss of equivalencies so long as the project and site do not change.
B. A water equivalency unit that has been allocated to a specific project, or credited to a
specific site may be transferred to another project or property subject to the following standards:
1. A property owner may transfer water equivalencies from any source site to a receiving
site, regardless of the base zoning district or use.
2. A transfer of water equivalency units shall not be considered an award of water and is
not subject to water or sewer development fees.
3. In cases where the structure(s) on the source site is not demolished, a minimum
amount of water equivalency units must be retained on the site for the occupancy of the structure.
For calculating the amount of water equivalencies to be retained, the planning and building
director shall use the list of uses allowed in the zoning district where the source site is located,
and the water equivalency required for the minimum use listed, based on the Water Equivalency
Table. Prior to the transfer of water equivalency units, the city shall ensure that the use which
represents the transferred water equivalency units has ceased to operate.
4. Water equivalency units credited to sites with coastal dependent uses or projects may
only transfer water equivalencies to other coastal dependent uses. Said transfer shall be approved
9
Ordinance No. 456
Attachment 1
Chapter 13.20
• •
by the City Council. This provision shall not restrict the transfer of water equivalency units from
non - coastal dependent uses to coastal dependent uses.
5. Applicants shall process the transfer of water equivalency units through the planning
and building department.
C. A project proponent must be the record owner, or have the consent of the record owner
of a property in order to be eligible to transfer or receive credit of water equivalency units.
13.20.110 Water equivalency table.
The water equivalency table shown in this section indicates the average annual water use
of different land uses and building types relative to one (1) water equivalency unit (the 1977
annual average use of a single - family dwelling). The water equivalency table shall be followed
when calculating the water equivalency units needed by individual projects or to be credited to
existing or discontinued land uses as set forth in Section 13.20.080. When calculating water
equivalency units for a project with a mixture of uses, the square foot area devoted to each use
shall be calculated based on the equivalency factor in the water equivalency table. The water
equivalency table shall be reviewed in accordance with Section 13.20.070 and modified to reflect
changes in water use.
10
Ordinance No. 456
Attachment 1
Chapter 13.20
Land Use
• •
WATER EQUIVALENCY TABLE
Revised March 1997
Average Water Use Rate Unit Factor
Cubic Feet Usage Equated to Per 1000 sq.ft./
Per Year Per Water Equivalency or Unit/
Unit Factor Per Unit Factor or Site **
Automotive Services
Auto Garage (no gas) 1,800 .17 sq.ft.
Service Sta. W /mini mkt 9,900 .92 sq.ft.
Service Sta. W/o mkt 7,200 .67 sq.ft.
Banks & Financial Inst.
Banks & Savings & Loan 4,200 .39 sq.ft.
Bldg. Matls & Lumber Yard
Lumber Yard 16,700 1.55 Site
Plant Nurseries 2,300 .21 Sales Area sq.
Ft. (Indoor &
outdoor)
F.atine & Drinking Places
Bars 7,400 .69 sq.ft. Of
Restaurants 22,200 2.06 sq.ft. or
24 Hour Restaurant 39,300 3.65 sq.ft.
Fast Food (Take -Out) 41,700 3.80 sq.ft.
Pizza (Take -Out Only) 3,200 .30 sq.ft.
Deli, Coffee Shop 4,600 .43 sq.ft.
Bakeries/Ice Cream 4,600 .43 sq.ft.
Food Stores
Supermarkets 2,200 .20 sq.ft.
(over 10,000 sq.ft.)
Mini - Markets 4,100 .38 sq.ft.
Liquor Stores 2,700 .25 sq.ft.
11
Ordinance No. 456
Attachment 1
Chapter 13.20
Land Use
• •
Average Water Use Rate Unit Factor
Cubic Feet Usage Equated to Per 1000 sq.ft./
Per Year Per Water Equivalency or Unit/
Unit Factor Per Unit Factor or Site **
Health Services
Medical Dr. Offices
Misc. Medical (Chiropractor 2,800 .26 sq.ft.
Optometrist)
Mixed Medical 4,900 .45 sq.ft.
Veterinarians 9,500 .88 sq.ft.
Hotels. Motels & RV Parks
Hotels/Motels
with Managers unit 5,400 .50 unit
Hotels /Motels
• without Managers unit 5,200 .48 unit
RV Parks
with utility hook -ups .46 space
RV Parks
without utility hook -ups .10 space
Industrial /Storage
Industrial Laundry 85,400 7.92 sq.ft.
Light Industrial 1,000 .09 sq.ft.
Storage /Mini- storage 500 .05 sq.ft.
Upholstery Shops 3,000 .28 sq.ft.
institutions & Organizations
Churches 300 .03 sq.ft.
Fraternal Organizations 2,500 .23 sq.ft.
Yacht Club 11,500 1.05 sq.ft.
Average
12
Water Use Rate Unit Factor
Ordinance No. 456
Attachment 1
Chapter 13.20
Land Use
• •
Cubic Feet
Per Year Per
Unit Factor
Usage Equated to
Water Equivalency
Per Unit Factor
Per 1000 sq.ft./
or Unit/
or Site **
Marine Oriented
Marine Service /Supply 4,100 .38 sq.ft.
Seafood Processors
w /saltwater use 33,600 3.13 sq.ft.
w/o saltwater use 47,800 4.43 sq.ft.
Offices (Non- medicall
Offices - General 1,600 .15 sq.ft.
including complexes
& real estate
personal Services
Barber /Beautician 8,000 .74 sq.ft.
Car Washes (Self -Serve) 17,000 1.61 bay
Car Wash - tunnel type 75,244 6.98 sq.ft.
Dry Cleaners (Off -Site) 10,800 1.00 sq.ft.
Laundromats 102,800 9.54 sq.ft.
Mortuaries 10,000 .93 sq.ft.
Residential
Single - family Home 10,780 1.00 unit
Duplex Unit 8,400 .78 unit
Condominium Unit 6,900 .65 unit
Apartment Unit 5,800 .54 unit
(including secondary unit)
Trailer /Mobile Home 6,500 .46 unit
One - bedroom and Studio 4,900 .45 unit
Apartment Unit, 600 sq.ft. or less for elderly/handicapped only
Retail - General
Misc. Similar Retail
1,600 .15 sq.ft.
Average Water Use Rate Unit Factor
Cubic Feet Usage Equated to Per 1000 sq.ft./
13
Ordinance No. 456
Attachment 1
Chapter 13.20
Land Use
• •
Per Year Per
Unit Factor
Water Equivalency
Per Unit Factor
or Unit/
or Site **
Retail - Other than General
Farm & Feed Supply 800 .07 sq.ft.
Pet Stores 4,100 .38 sq.ft.
Social Services
Day Care Facilities 15,500 1.44 sq.ft.
(except family day care)
Misc. Usea
Theater 100 .01 seat
Printer/Newspaper 2,400 .22 sq.ft.
*UNIT FACTOR is defined as follows
per 1 000 sau'tre feet' Generally, the square foot ratio refers to the gross building area, unless other wise indicated
Per Unit: Unit refers to each individual residential unit or motel room.
Per Site: The site refers to the gross area to be occupied by the land use, including buildings, parking areas and landscaping.
(Note: In discussing units of measure for water and sewer capacity, the following conversion factors are provided to assist in
understanding the data:
1 cubic foot is equal to 7.48 gallons
1 acre foot is equal to 325,828.8 gallons
1 acre foot is equal to 43,560 cubic feet)
14
Ordinance No. 456
Attachment 1
Chapter 13.20
• •
13.20.120 Time limit for using water equivalency units.
If water equivalency units have been awarded to a project by the public works director.
that award shall continue to be credited to the site of the proposed project until such time as:
1. the equivalencies are transferred pursuant to 13.20.100; or
2. the water allocation program is terminated.
13.20.130 Limitations on the Allocation of Water (Measure I)
A. The city shall not allocate water to new use on the basis of:
1. Any project performed by the city or on city - managed property;
2. Any water savings that was not derived from, or accomplished by, a specific city -
approved and city- contracted project;
3. Any project, or part thereof, that has previously earned water savings credit for
allocation. Thus, a toilet facility, whose retrofit had earned allotment credit, shall not become a
factor in a subsequent retrofit by another fixture replacement;
4. Past, present or future replacement of the city water pipes;
5. An excess of fifty percent of that water saved from any projects. No more than one
half of the savings from a project shall be so allocated;
6. An increase in the amount originally contracted for allocation from a project; or
7. Mandated projects, measures or procedures, including compulsory retrofitting of
private property and forced rationing of water use.
B. The word "project," as used in this section, shall denote any measure, act, process or
procedure by which the consumption of potable city water may be assumed, or expected, to
decrease and thereby legally permit the allocation of city water to new use.
C. Any water allotment to nonprofit public facilities which are supported by public funds
shall be exempt from subdivisions 1, 2 and 3 subsection A of this section.
m1:5/20/97 \ SAM S OFFI CE\ W IN W ORDIPLAN &B LDISTA FFREP1 1320PC6. DOC
15
• •
ORDINANCE NO. 455
AN ORDINANCE OF THE PEOPLE
OF THE CITY OF MORRO BAY, CALIFORNIA
TO AMEND CHAPTER 3.24 OF THE MORRO BAY MUNICIPAL CODE
RELATING TO TRANSIENT OCCUPANCY TAX RATES
MEASURE "N ", GENERAL MUNICIPAL ELECTION
NOVEMBER 5, 1996
THE PEOPLE OF THE CITY OF MORRO BAY DO HEREBY ORDAIN AS
FOLLOWS:
Section 1. Authority to Adopt Measure
This ordinance and the tax authority
to the provisions of Section 7280 of
Taxation Code, and in compliance with
Article XIII A, Section 4 and Article
of Division 2 of Title 5 of the
commencing with Section 53720.
Section 2. Purpose
herein is enacted pursuant
the California Revenue and
the California Constitution
3.7 of Chapter 4 of Part 1,
California Government Code
It is the intent of this ordinance to increase City funds in
order to offset revenue losses due to State and County budget
cut -backs and associated increased fees to local government, and
to augment revenue sources negatively impacted by a lagging
economy.
Section 3. Type of Tax
Transient Occupancy Tax is a General Tax as defined in Government
Code Section 53721. The tax is imposed for General Governmental
purposes.
Section 4. Transient Occupancy Tax
Section 3.24.030 of the Morro Bay Municipal Code is hereby
amended to read as follows:
For the privilege of occupancy in any hotel, each transient
is subject to and shall pay a tax in the amount of ten
percent of the rent charged by the operator. The tax
constitutes a debt owed by the transient to the city which
is extinguished only by payment to the operator or to the
city. The transient shall pay the tax to the operator of
the hotel at the time the rent is paid. If the rent is paid
in installments, a proportionate share of the tax shall be
paid with each installment. The unpaid tax shall be due
upon the transient ceasing to occupy space in the hotel.
If, for any reason, the tax due is not paid to the operator
of the hotel, the tax administrator may require that such
tax shall be paid directly to the tax administrator; and
• •
Ordinance No. 455
Page Two
Section 5. Effective Date of Tax Increase
The tax rate authorized by this ordinance shall commence on
January 1, 1997.
Section 6. Severability
If any sections, subsections, sentence, phrase or clause of this
ordinance is for any reason held to be invalid, such decision
shall not affect the validity of the remaining portion of this
ordinance. The people of Morro Bay hereby declare that they have
adopted the ordinance and each section, subsection, sentence,
phrases or clauses be declared invalid.
Section 7. Effective Date of Ordinance
This ordinance shall go into effect ten days following adoption
by a majority of the voters voting on this ordinance pursuant to
Elections Code Section 9217.
I, Bridgett Bauer, City Clerk of the City of
Morro Bay, do hereby certify that the
foregoing is a true and correct copy of an
ordinance adopted by a majority vote of the
electors voting in the General Municipal
Election held in the City of Morro Bay on the
5th day of November 1996.
DATED: December 27, 1996
BRIDGETT mAUER, City Clerk
PS
ORDINANCE NO. 454
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY
AMENDING CHAPTER 8.12 OF THE MORRO BAY MUNICIPAL CODE,
ENTITLED "WEED ABATEMENT"
NOW, THEREFORE, the City Council of the City of Morro Bay does ordain as follows:
SECTION 1. City of Morro Bay Municipal Code Chapter 8.12 is hereby repealed in its entirety.
SECTION 2 City of Morro Bay Municipal Code, Chapter 8.12 titled "Weeds and Rubbish ", is
hereby enacted to read as follows:
8.12.010 Definitions
Enforcement official The term, "Enforcement official" means any employee or department head
of the city charged with the duty of enforcing ordinances of the city, the county or laws of the
state.
Nuisance Weeds Brush and Debris. The term, "Nuisance weeds, brush and debris" shall mean
weeds which when mature, bear the wingy or downy seeds which will attain such a large growth
as to become a fire menace when dry, or which are otherwise noxious or dangerous. This
includes, but is not limited to:
A. Weeds growing upon street, sidewalks or private property;
B. Sage brush, chaparral and other bush or weed which attain such large growth as to
become a fire hazard or menace to adjacent property;
C. Poison oak and poison ivy when conditions of growth are such as to constitute a
menace to the public health;
D. Dry grass, stubble, brush, litter or other flammable material which endangers the
public safety by creating a fire hazard or public nuisance.
E. Any living or dead vegetation where size , concentration, chemical applications,
poisons, infestation, and combustibility is, or may become, a cause for a fire hazard
or public nuisance.
Occupier. The term, "Occupier" means the person occupying or otherwise in real or apparent
charge and control of the premises affected.
Owner. The term, "Owner" means the owner of record of the premises affected. (Ord. 112,
Section 1 (part), 1973: prior code Section 11200.2)
uta,.ccooc.aS4
• •
Ordinance No. 454
Page 2
8.12.020 Authority to Declare Nuisance and Abate
The City Council may declare by resolution as a public nuisance and abate:
Pt.. Weeds growing in any location within the city, whether on public or private land.
8•
All rubbish, refuse and dirt upon parkways or sidewalks, and all rubbish and refuse upon
private property in the City.
8.12.030 Allowing on premises.
No owner, agent, lessee or other person occupying or having charge or control of any building,
lot or premises within the city shall permit nuisance weeds, brush or debris hazardous to the
public health, welfare or safety to remain upon the premises and each such owner, agent, lessee or
other person shall be subject to the requirements and procedures prescribed in this chapter.
8.12.040 Notice to remove.
At anytime when the enforcement official finds nuisance weeds, brush or debris upon any
property, lands or lots within the city which may be or become a fire hazard, or may endanger or
injure neighboring property, or may be otherwise hazardous to the public health, welfare or safety,
a notice to remove such nuisance weeds, brush or debris shall be given to any one of the person or
persons specified in Section 8.12.030. Prior to the commencement of the yearly weed abatement
program, the enforcement official shall cause notice to be served by mail to the owners of all
vacant lots and to the owners of improved properties where nuisance weeds, brush and debris
have historically accumulated.
8.12.050 Method of notification.
At any time, each person, as specified in this chapter, shall be notified by mail, or by the posting of
property or by hand delivery of the requirement to abate nuisance weeds, brush or debris
determined to be hazardous to the public health, welfare or safety. The most current tax
assessor's list shall be the basic source for determining ownership and mailing addresses for any
property owners requiring notification.
At the time the notice to remove is served as provided in this chapter, the enforcement official
shall cause a copy of the notice to remove together with a written declaration under penalty of
perjury certifying such service to be recorded in the office of the city clerk.
8.12060 Time to Remove.
..o1.mn.nr.n
• •
Ordinance No. 454
Page 3
Nuisance weeds, brush or debris which do not constitute an immediate danger to the public
health, welfare or safety shall be removed within thirty days of the postmarked date of the mailed
notification or within a later period if such date is specified in the notice.
Nuisance weeds, brush, or debris which do constitute an immediate danger to the public health,
welfare, or safety shall be removed by no later that midnight of the day following the postmarked
date of a mailed notification or within twenty-four hours of the time of hand delivery.
8.12.070 Appeal from Notice.
Any person, occupier, property owner, or duly authorized agent, affected by the notice to remove
nuisance weeds, brush or debris which do not constitute an immediate danger to the public health,
welfare or safety, may appeal to the city council from the requirements thereof. Such appeal shall
be in writing and shall be filed with the city clerk within ten days of the date of notification
established by Section 8.12.060.
Notification of the time and date for hearing appeals concerning the notice of removal within
thirty days, shall be published at least ten days prior to the hearing in a newspaper qualified to
publish legal notices. At the time and date of the hearing, the city council shall hear and consider
any and all objections to the proposed removal and may continue the hearing from time to time.
The city council shall allow or overrule any and all objections, if any, and its decision thereupon
shall be final and conclusive.
If upon appeal, the requirements of the original notice are modified, the enforcement official, in
causing removal or abatement, shall be governed by the determination of the council so made. In
the absence of a council determination to the contrary, regarding abatement or removal of
nuisance weeds, brush or debris which do not constitute an immediate danger, removal or
abatement shall be accomplished within such time as may be determined by the city administrator,
or his/her designated representative, after the appeal is heard.
8.12.080 Method of removal or abatement.
A. Removal or abatement shall include cutting or spraying with chemicals or solutions to destroy
or retard the growth of weeds or other vegetation and the removal and hauling of such destroyed
vegetation and other flammable material to a legal disposal site. Not allowed are removal
methods which incorporate burning, discing, tilling or any form of excavation.
B. The height of a cut shall not exceed that of the highest adjusted level of a standard rotary
lawnmower. The property owner shall provide a twenty -foot abatement zone along such property
line where brush and bush growth pose a fire hazard to adjoining property. No piles or clumps
shall remain, and any cut material deposited to within 10 feet of adjoining properties or the street
NtaI.®„,o.,..A
• •
Ordinance No. 454
Page 4
right -of -way as a result of cutting, removal, weather or negligence shall be removed at the
owner's expense. The completed abatement shall be to all property lines and to the edge of street
paving. All sidewalk, gutter and street areas shall be left clean.
C. The Fire Chief shall determine the appropriate manner in which said public nuisances must be
abated.
8.12.090 Failure to remove or abate.
If any property owners, after being notified as provided for in this chapter, fails, neglects or
refuses to abolish, abate or remove, within the times prescribed in this chapter, any of the nuisance
weeds, brush or debris mentioned in this chapter, then the city may, at its discretion, issue a
citation under the Fire Code, or abate or remove the same. The enforcement officer is expressly
authorized to enter upon private property for either purpose. The charge of such abatement or
removal by the city shall be assessed upon the lots, land or property from which nuisance weeds,
brush or debris were abated or removed, and such cost shall constitute a lien upon such lots,
lands, or property until paid, and will be collected upon the next tax roll upon which general
municipal taxes are collected.
8.12.100 Record of removal expense.
The enforcement officer shall keep a permanent record showing the description of each property
or lot from which nuisance weeds, brush or debris are ordered to be removed; the name of the
property owner thereof, if known; the date of notification to abate, and in case of appeal, a record
of the date of the determinations of the city council and an account of the cost of abating such
nuisance. Such record shall include an assessment list of charges and shall be filed with the city
clerk from time to time but no later than the tenth day of August each year. In the event a citation
is issued, the record shall show all pertinent information relating to the Citation, such as the court
date and final determination by the court.
8.12.110 Annual notice - Aggrieved person.
Between the first and fifteenth day of each calendar year, the city clerk shall cause to be
published, for two successive times in a newspaper qualified to publish legal notices, a notice to
the effect that any person aggrieved, in connection with the abatement program of the preceding
calendar year, by any act or determination of any person responsible for assuring compliance with
the requirements and procedures herein specified, may file an appeal in writing with the city clerk
prior to the first council meeting in February.
The city council shall, during the first council meeting in February, proceed to hear and pass on
each and every appeal and each determination thereupon shall be final and conclusive.
Y01�OYYM "N
• •
Ordinance No. 454
Page 5
Such hearing may be continued from time to time. The city clerk shall carry out any directions of
the council made upon the appeal and shall cause appropriate corrections, adjustments, and
entries in abatement and assessment records to conform therewith.
8.12.120 Collection of Charees.
The amount of the cost of abatement shall constitute a special assessment against lots or property
from which the nuisance weeds, brush or debris have been abolished, abated or removed by the
city and shall constitute a lien upon such property until paid. Such charges may be paid to the city
clerk separately from city taxes at any time prior to the first day of August of the year in which
unpaid charges are to be added to the county tax roll. Upon such payment, the city clerk shall
cause an appropriate entry to be made on the assessment record for the property showing that
such charge was paid in full.
On or before August tenth of each year, the city clerk shall cause a copy of the abatement charges
to be filed with the county auditor, in order that the county auditor may enter each assessment on
the county tax roll opposite the property referred to. Thereafter, such amounts shall be collected
at the same time, and in the same manner, as general city taxes are collected, and shall be subject
to the same penalties, and the same procedure and sale in the case of delinquency as provided by
law for city taxes. All laws and ordinances applicable to the levy, collection and enforcement of
city taxes are made applicable to such special assessments.
8.12.130 Applicable laws.
This chapter is adopted pursuant to the provisions of Sections 39501 and 39502 of the
Government Code of the state, as an alternative and additional remedy to those otherwise
promoted by law or ordinance of the city.
8.12.140 Alternate Manner of Abatement.
Nothing in this chapter shall be construed as precluding the City from utilizing any alternative
procedure for weed or nuisance abatement prescribed by this code or available under state law to
cities, nor shall this chapter be construed to prevent the City, its agents or representatives, from
entering upon private property for the purpose of inspecting, abating any public nuisances defined
in Section 8.12.010 without following the procedure prescribed in this chapter provided said work
is done at the expense of the City.
SECTION 3:
Introduced at a regular meeting of the City Council of Morro Bay on the 13 day of January, 1997.
• •
Ordinance No. 454
Page 6
PASSED, APPROVED, AND ADOPTED, by the City of Morro bay City Council at a regular
meeting thereof held on the 27th day of January 1997 by the following roll call vote:
AYES: Anderson, Elliott, Peirce, Peters, Novak
NOES: None
ABSENT: None
Cathy Novakjfayor
ATTEST: PROVED AS T•FORM:
BRIDGE j : AUER, City Clerk DAVID HUNT, City Attorney
PatOMEIC0011.1)114 IMO
•
ORDINANCE NO. 453
AN ORDINANCE AMENDING CHAPTER 12.08 OF THE MORRO BAY MUNICIPAL
CODE, ENTITLED TREES
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, trees upon public streets and properties are a valuable natural and public
resource; and,
WHEREAS, protection of said trees is in the best interest of the health and welfare of the
community; and,
WHEREAS, said protection includes, but is not necessarily limited to, provision of
administrative due process to appeal acts and / or determinations made by the Planning Commission
in the exercise of its authority; and,
WHEREAS, Morro Bay Municipal Code Chapter 12.08, entitled Trees does not currently
provide for appeal to the City Council for persons aggrieved by said acts and / or determinations of
the Planning Commission; and
WHEREAS, it has been deemed to be in the public interest to provide for said appeal.
NOW, THEREFORE, BE IT ORDAINED BY the City Council of the City of Morro Bay
as follows:
SECTION I: Chapter 12.08, Section 12.08.080, is hereby amended to read, in part, as
follows:
"The Planning Commission shall consider the petition the report of the Director of Public
works and other evidence desired by it, and shall grant or deny permission to remove said tree."
SECTION II: Chapter 12.08, Section 12.08.150, is hereby amended to read, in its entirety,
as follows:
"Any person aggrieved by any act or determination of the Director of Public Works and / or
the Planning Commission in the exercise of the authority herein 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."
• •
INTRODUCED AND FIRST READ at a regular meeting of the Morro Bay City Council held
on the 12th day of November, 1996 by motion of' Council member Crotzer, seconded by Council
member Anderson .
PASSED AND ADOPTED at a regular meeting of the Morro Bay City Council held on the
25th day of November, 1996 by the following vote:
AYES: Anderson, Crotzer, Novak, Unger, Yates
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
BRIDGETTI: AUER, City Clerk
APPROVED AS TO FORM:
DAVID R. HUNT, Esq., City Attorney
• •
ORDINANCE NO. 452
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
ANNOUNCING FINDINGS AND ADOPTING AMENDMENTS TO
SECTION 17.36.040 OF THE ZONING ORDINANCE,
TITLE 17 OF THE MORRO BAY MUNICIPAL CODE
THE CITY COUNCIL
City of Morro Bay, California
CASE NO. ZOA 01 -96
SECTION 1:
WHEREAS, the Planning Commission of the City of Morro Bay, on September 3, 1996,
after a duly noticed PUBLIC HEARING, did make the recommendation to the City Council for
approval of amendments to Sections 17.36.040 of the Zoning Ordinance, Title 17 of the Morro
Bay Municipal Code; and
WHEREAS, on the 14th day of October, 1996, the City Council did hold a duly noticed
PUBLIC HEARING, to consider the amendments to Section 17.36.040 of the Zoning Ordinance
as recommended by the Planning Commission; and
WHEREAS, the Environmental Coordinator determined that the California Coastal
Commission is the lead Agency for Local Coastal Plan Amendments for the purposes of the
California Environmental Quality Act; and
WHEREAS, following the hearing, and consideration of the testimony of all persons
written and oral, the City Council approved the amendments based upon the following findings:
1. The proposed amendment is intended to implement Visual Resource Policies 12.01 and
12.02 of the Local Coastal Plan as well as other portions of the LCP and General Plan; and
2. The proposed amendment is intended to protect the visual quality as well as the economic
viability of the waterfront area by guiding and directing the construction of buildings; and
3. The proposed amendment is consistent with the intent of the State Coastal Act; and
4. The proposed amendment was published and made available for public review in
accordance with Section 13515 of the California Code of Regulations.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Morro
Bay, California, as follows:
SECTION 2: Title 17 of the Morro Bay Municipal Code (Zoning Ordinance) is amended as shown
in Exhibit A, attached hereto and made a part of this ordinance.
SECTION 3: To implement the amendments adopted herein the City Council of the City of Morro
bay, California, hereby directs as follows:
I . This Ordinance adopting the zoning text amendments shall be transmitted promptly to the
California Coastal Commission with the request that the Commission certify the
amendments; and
• •
Ordinance No. 452
Page Two
2. The City of Morro Bay hereby finds that the Local Coastal Program Implementation
Program (Zoning) Amendments are in compliance with the intent, objectives, and policies
of the California Coastal Act and that the City will carry out the Local Coastal Program,
including these amendments in a manner fully consistent with the California Coastal Act
and all its provisions; and
3. These amendments shall take effect immediately and automatically upon certification by the
California Coastal Commission.
Introduced at a regular meeting of the City Council of Morro Bay, held on the 14th day of
October 1996, by motion of Councilmember
Councilmember Novak
Crotzer and seconded by
PASSED, AND ADOPTED, on the 28th day of October 1996 by the
by the following vote to wit:
AYES: Crotzer, Novak, Yates
NOES: Unger
ABSENT: None
ABSTAIN: Anderson
ATTEST:
APPROVED AS T
DAVID R. HUNT, City Attorney
• •
EXHIBIT A
Proposed Amendment to Section 17.36.040
17.36.040 General development standards.
The standards for development within a P -D suffix zone shall be those of the base zoning
district, provided however, that standards may be modified by the planning commission or city
council as they relate to: building heights; yard requirements; and minimum lot area for dwelling
units if the density range of the general plan and coastal land use plan, applicable to the property, is
not exceeded. For those areas of the City which are covered by the Waterfront Master Plan, all new
development projects requiring discretionary permits (Conditional Use Permits, Coastal Permits
etc.) shall be consistent with the Design Guidelines contained in Chapter 5 of the Waterfront
Master Plan. Modifications of standards shall only be approved upon a finding that greater public
benefits may be achieved by such deviations. Such benefits may include, but are not limited to
improved or innovative site and architectural design, greater public or private usable open space,
and provisions of housing for the elderly or low /moderate - income families, provisions of
extraordinary public access, provision for protecting environmentally sensitive habitat (ESH)
areas, but in all cases these provisions shall meet the coastal land use plan policies. (Ord. 263 1
(part), 1984).
• •
ORDINANCE NO. 451
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA,
AMENDING CHAPTER 3.12 OF THE MORRO BAY MUNICIPAL CODE PROVIDING FOR
A UNIFORM CLAIMS PRESENTATION PERIOD FOR CLAIMS AGAINST THE CITY OF
MORRO BAY
WHEREAS, the City Council of the City of Morro Bay has previously provided for
differing claims presentation periods for various types of claims against the City;
WHEREAS, it is desirable to provide for a uniform claims presentation procedure
for all claims against the City;
WHEREAS, California Government Code Section 935 permits local public
entities such as the City to establish claims presentation procedures and periods;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY DOES
ORDAIN AS FOLLOWS:
Section 1. Chapter 3.12 of Title 3 of the Morro Bay Municipal Code shall be
amended to add Section 3.12.005 as follows:
Section 3.12.005 -- Claims in general.
Pursuant to the authority granted the city by California Government Code
Section 935, all claims against the city for money or damages which are excepted from
the requirement of the presentation of claim by Chapter 1 (commencing with Section
900) and Chapter 2 (commencing with Section 910) of the California Government
Code, and which are not governed by any other statutes or regulations expressly
relating thereto, shall be governed by the procedures prescribed in this chapter.
Section 2. Chapter 3.12, Section 3.12.030 of Title 3 of the Morro Bay
Municipal Code shall be revised to read as follows:
Section 3.12.030 -- Presenting and filing.
All claims against the city shall be signed by the claimant or by some person on
his behalf. All claims against the city shall be presented to the city by delivering or
mailing the claim to the city clerk. All claims shall set forth:
A. The name and post office of the claimant;
B. The post office address to which the person presenting the claim desires
notices to be sent;
C. The date, place and other circumstances of the occurrence or transaction
which gave rise to the claim asserted;
D. A general description of the indebtedness, obligation, injury, damage or loss
incurred so far as it may be known at the time of presentation of the claim;
• •
Ordinance No. 451
Page Two
E. The name or names of the public employee or employees causing the injury,
damage, or loss, if known; and
F. The amount claimed if it totals less than ten thousand dollars ($10,000) as of
the date of presentation of the claim, including the estimated amount of any prospective
injury, damage, or loss, insofar as it may be known at the time of the presentation of the
claim, together with the basis of computation of the amount claimed. If the amount
claimed exceeds ten thousand dollars ($10,000), no dollar amount shall be included in
the claim. However, it shall indicate whether jurisdiction over the claim would rest in
municipal or superior court.
Section 3. Chapter 3.12 of Title 3 of the Morro Bay Municipal Code shall be
amended to add Section 3.12.035 as follows:
Section 3.12.035 -- Notice of insufficiency.
If in the opinion of the city clerk, or her designee, a claim as presented fails to
comply substantially with the requirements of this chapter, the city clerk or her
designee may, at any time within 20 days after the claim is presented, give written
notice of its insufficiency, stating with particularity the defects or omission therein.
Failure of the city clerk to provide notice of insufficiency shall not operate as a waiver
of any defenses the city may have based on the sufficiency of the claim.
Section 4. Chapter 3.12, Section 3.12.040 of Title 3 of the Morro Bay
Municipal Code shall be revised to read as follows:
Section 3.12.040- -Suit.
No suit for money or damages may be brought against the city on a cause of
action for which a claim is required to be presented in accordance with this chapter
until a written claim therefor has been presented to the city and has been acted upon by
the City Council, or has been deemed to have been rejected by the City Council, in
accordance with Section 912.4 of the California Government Code.
Section 5. Chapter 3.12 of Title 3 of the Morro Bay Municipal Code shall be
amended to add Section 3.12.130 as follows:
Section 3.12.130- -Time for presentation of claim.
Notwithstanding the exemptions set forth in Section 905 of the California
Government Code, all claims against the City for damages or money, when a procedure
for processing such claims is not otherwise provided by State laws, shall be presented
not later than one year after the accrual of the cause of action.
Section 6. Chapter 3.16, Section 3.16.100 of Title 3 of the Morro Bay
Municipal Code shall be revised to read as follows:
Section 3.16.100 Claims for refund.
Claims for refund of taxes imposed pursuant to this chapter shall be governed
by the provisions of Chapter 3.12 of Title 3 of the Morro Bay Municipal Code.
Ordinance No. 451
Page Three
• •
Section 7. Chapter 3.24, Section 3.24.130 of Title 3 of the Morro Bay
Municipal Code shall be revised to read as follows:
Section 3.24.130 Refund -- Claim.
Whenever the amount of any tax, interest or penalty has been overpaid or paid
more than once or has been erroneously or illegally collected or received by the city
under this chapter, it may be refunded as provided in Sections 3.24.140 and 3.24.150
provided a claim in writing therefor is filed with the city. The claim shall conform in
all respects, to the requirements set forth for claims against the city in Chapter 3.12 of
Title 3 of the Morro Bay Municipal Code.
Section 8. Chapter 5.04, Section 5.04.290 of Title 5 of the Morro Bay
Municipal Code shall be revised to read as follows:
Section 5.04.290 -- Refunds of overpayment.
No refund of an overpayment of taxes imposed by this title shall be allowed in
whole or in part unless a claim for refund is filed with the city pursuant to Chapter
3.12 of this code. Upon the filing of such claim and when the collector determines that
an overpayment has been made, the collector may refund the amount overpaid.
Section 9. This ordinance shall go into effect and be in full force and
operation from and after thirty days after its final passage and adoption.
Section 10. The City Clerk shall certify to the passage and adoption of this
ordinance, shall enter the same in the hook of original ordinances of the City; shall
make a minute of the passage and adoption thereof in the records of the meeting at
which the saute is passed and adopted, and shall within - fifteen days after the passage
and adoption there of cause the saute to be published once in the Sun - Bulletin, a local
newspaper of general circulation, published and circulated within said city of Morro
Bay and which is hereby designated for that purpose.
INTRODUCED at a regular meeting of the City Council held this 26 day of February
, 1996 on motion of Councilmember Anderson , seconded by
Councilmember Novak , and on the following roll call vote, to wit:
AYES: Anderson, Crotzer, Novak, Unger, Yates
NOES: None
ABSENT: None
ABSTAIN: None
PASSED AND ADOPTED at a regular meeting of the City Council held this 11
day of March , 1996 on motion of Councilmember Anderson , seconded by
Councilmember Novak , and on the following roll call vote, to wit:
AYES: Anderson, Crotzer Novak, Unger, Yates
NOES: None
ABSENT: None
Ordinance No. 451
Page Four
ABSTAIN: None
ATTEST:
•
Mayor
APPROVED AS TO F
41
City Clerk City Attorney
•
ORDINANCE NO. 450
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF MORRO BAY, CALIFORNIA
ANNOUNCING FINDINGS AND ADOPTING AMENDMENTS TO
CHAPTER 14.18 OF TITLE 14 OF THE MORRO BAY MUNICIPAL CODE,
SEISMIC SAFETY PROGRAM FOR REDUCING EARTHQUAKE HAZARD
IN EXISTING BUILDINGS
THE CITY COUNCIL
City of Morro Bay, California
Section 1.
WHEREAS, the City of Morro Bay currently has a Seismic Safety Program which calls
for the City to implement measures to lessen risk to human life and property in the event of an
earthquake; and
WHEREAS, the City Council did on the 1 1th day of December, 1995 conduct a
PUBLIC HEARING to receive testimony regarding Chapter 14.18 of Title 14, Seismic Safety
Program of the Morro Bay Municipal Code; and
WHEREAS, the public testimony indicated that the current mandatory requirements of the
city's seismic safety program imposed are undue finanical hardship on a struggling local economy;
and
WHEREAS, the City Council concluded that a voluntary seismic safety program rather
than a mandatory program is appropriate due to the low level risk of the involved structures; and
WHEREAS, such a voluntary program, consisting of seismic hazards indentification only,
is consistent with the California Health and Safety Code Sections 19160 - 19169;
NOW, THEREFORE, the City Council of the City of Morro Bay, California, DOES
ORDAIN as follows:
Section 2.
Chapter 14.18 of Title 14, Building and Construction, of the Morro Bay Municipal is
amended as shown in Exhibit "A ".
Ordinance No. 450
Page Two
INTRODUCED at a regular meeting of the City Council of Morro Bay, held on the 26th
day of February, 1996, by motion of Councilmember Unger , and seconded by Councilmember
Novak .
PASSED, APPROVED, AND ADOPTED by the City of Morro Bay City Council, at
a regular meeting held on this 11th day of March , 1996 by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
Anderson, Crotzer, Novak, Unger, Yates
None
None
0..l�UCJL�
BRIDGETT RAUER, City Clerk
APPROVED AS TO FORM:
DAVID R. HUNT, City Attorney
WIL r ES, Mayor
• •
ATTACHMENT A
AMENDMENTS TO MORRO BAY MUNICIPAL CODE
Chapter 14.18
BUILDING REGULATIONS - SEISMIC SAFETY PROGRAM
14.18.010 Purpose.
A. The purpose of this chapter is to promote public safety and welfare by reducing the
risk of death or injury that may result from the effects of earthquakes on unreinforced masonry-
bearing wall buildings constructed prior to the county of San Luis Obispo's adoption of the 1955
Edition of the Uniform Building Code. Such buildings have been widely recognized for
sustaining life - hazardous damage, including partial and complete collapse during moderate to
strong earthquakes.
B. The provisions of this chapter are intended as minimum standards for structural
seismic resistance established primarily to reduce the risk of life loss or injury. Voluntary
compliance with these standards will not necessarily prevent loss of life or injury or prevent
earthquake damage to rehabilitated buildings. This chapter does not require alteration of
existing electrical, plumbing, mechanical or fire safety systems unless they constitute a hazard to
life or property.
C. This chapter, in accordance with California and Safety Code sections 19160- 19169,
provides voluntary compliance and standards for identification and
classification of unreinforced masonry- bearing wall buildings based on their present use.
•
(Ord. 366 § 1 (part), 1989)
14.18.020 Scope.
Appendix Chapter One of the Uniform Code for Building Conservation and subsequent
Additions and/or amendments is adopted by reference with the same force and effect as if fully
set forth in this section.
The provisions of this chapter shall apply to all buildings constructed or under
construction prior to July 1957, which on the effective date of the ordinance codified in this
chapter have unreinforced masonry- bearing walls as defined herein.
EXCEPTION: This section shall not apply to detached one - family or two- family
dwellings and detached apartment houses containing less than five dwelling units and
used solely for residential purposes. (Ord.404 § 2 (part), 1991; Ord. 366 § 1 (part), 1989
•
Ordinance No. 450
Attachment A
Amendments to MBMC 14.18
14.18.030 Definitions.
For purposes of this chapter, the applicable definitions in Sections 2302 and 2312 of the
1985 Uniform Building Code (hereinafter 1985 UBC) shall apply. Chapters 23 and 24 of the
1985 Edition of the Uniform Building Code are incorporated herein by reference and adopted or
the purposes of this chapter only and made a part hereof as though set forth full herein.
Where the term "building code" is used in Appendix Chapter One of the Uniform Code
for Building Conservation , the term shall mean the current edition of the Uniform Building
Code as adopted in Chapter 14.16 of this title.
A. "Low risk building" means any building, not classified as an essential building,
having an occupant load of less than twenty occupants as determined by Section 3302(1) 1985
UBC.
B. "Medium risk building" means any building, not classified as a high risk building or
an occupant load of twenty occupants or more as determined by Section 3302(a) 1985 UBC.
C. "Unreinforced masonry- bearing wall" means a wall having all of the following
characteristics:
1. Provides the vertical support for a floor or roof;
2. The total superimposed load is over one hundred pounds per linear foot;
3. The area of reinforcing steel is less than twenty -five percent of that required by
Section 2407(b) UBC. (Ord. 401 § 1 (part), 1991; Ord. 404 § 2 (part), 1991; Ord. 366 § 1 (part),
1989)
14.18.050 Notification.
The building official shall notify the legal owner of each building within the scope of this
chapter that the building is considered to be one of the general type of structures that historically
has exhibited little resistance to earthquake motion. (Ord. 366 § 1 (part), 1989)
14.18.060 General Requirements.
The owner of each building within the scope of this chapter may shall cause a structural
analysis of such building to be made by a civil or structural engineer or architect licensed by the
state. If the building does not meet the minimum earthquake standards specified in this chapter,
the owner may shall either cause it to be structurally altered to conform to such standards, or
cause the building to be demolished. (Ord. 366 § 1 (part), 1989)
14.18.070 Administration.
A. Service and Order. An final order, to comply with this chapter as provided in
subsection B of this section, • r . ' o s • l I • , • . , ' te- the- eviner-ef
• s been may be issued by the building official to
the owner of each building within the scope of this chapter.
2
Ordinance No. 450
Attachment A
. Amendments to MBMC 14.18
•
•
Sehedule.
B, D. Recordation.
1. At the time that the aforementioned order was is served, the building official shall
filed on July 15. 1991 with the office of the county recorder, a certificates state
identifying all subject building& is within the scope of this chapter. The certifcato sh°" alco
2. If the any building for which an order under this section was served is found not to be
within the scope of this chapter, or as a result of structural alterations or an analysis is found to
be structurally capable of resisting minimum seismic forces required by this chapter, or is
demolished; the building official shall file with the office of the county recorder a certificate
terminating the status of the subject building as being classified within the scope of this chapter.
.•.
_ T .
Ord. 366 § 1 (part), 1989)
3
Ordinance No. 450
Attachment A
Amendments to MBMC 14.18
14.18.080 Time for . pranoc with .
ti"snxxc IIim cr
e - this- ehapteF9r
ehapiertor
• • I •
• ..! : .
issued,
C-ernpiete-stritettleal
Tabl_ � /1onon
I'J1 V IC�l7ilO3 V O V 9T-
111
Wall anchor
installation
NATE:
January 1, 1998
LLI
July 1, 1998
By
July 1, 1999
4
Ordinance No. 450
_ Attachment A
Amendments to MBMC 14.18
•
ORDINANCE NO. 449
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
ANNOUNCING FINDINGS AND ADOPTING AMENDMENTS TO
SECTIONS 17.24 AND 17.32 OF THE ZONING ORDINANCE,
TITLE 17 OF THE MORRO BAY MUNICIPAL CODE
THE CITY COUNCIL
City of Morro Bay, California
CASE NO. ZOA 01 -95
SECTION 1:
WHEREAS, the Planning Commission of the City of Morro Bay, on January 16, 1996,
by adoption of Resolution 01 -96, after a duly noticed PUBLIC HEARING, did make the
recommendation to the City Council for approval of amendments to Sections 17.24 and 17.32 of
the Zoning Ordinance, Title 17 of the Morro Bay Municipal Code; and
WHEREAS, on the 22nd day of January, 1996, the City Council did hold a duly noticed
PUBLIC HEARING, to consider the amendments to Sections 17.24 and 17.32 of the Zoning
Ordinance, including the recommendations by the Planning Commission; and
WHEREAS, the Environmental Coordinator determined that the California Coastal
Commission is the lead Agency for Local Coastal Plan Amendments for the purposes of the
California Environmental Quality Act; and
WHEREAS, following the hearing, and consideration of the testimony of all persons
written and oral, the City Council approved the amendments based upon the following findings:
1. The proposed amendments allow additional use of certain properties within the Residential
Single Family (R -1) District, and provide an opportunity to remove nonconforming status
from certain properties, consistent with the overall density standards of the General Plan
and Local Coastal Program Land Use Plan; and
2. The proposed amendments are consistent with the intent of the State Coastal Act, and will
have no impact individually or cumulatively on coastal resources, and does not propose any
change in land use or water uses or any change in the allowable use of property; and
3. The proposed amendments were published and made available for public review in
accordance with Public Resources Code Section 30514.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Morro
Bay, California, as follows:
SECTION 2: Title 17 of the Morro Bay Municipal Code (Zoning Ordinance) is amended as shown
in Exhibits A and B, attached hereto and made a part of this ordinance.
SECTION 3: To implement the amendments adopted herein the City Council of the City of Morro
bay, California, hereby directs as follows:
• •
Ordinance No. 449
Page Two
I . This Ordinance adopting the zoning text amendments shall be transmitted promptly to the
California Coastal Commission with the request that the Commission certify the
amendments with de minimis findings in accordance with Public Resources Code Section
30514; and
2. The City of Morro Bay hereby finds that the Local Coastal Program Implementation
Program (Zoning) Amendments are in compliance with the intent, objectives, and policies
of the California Coastal Act and that the City will carry out the Local Coastal Program,
including these amendments in a manner fully consistent with the California Coastal Act
and all its provisions; and
3. These amendments shall take effect immediately and automatically upon certification by the
California Coastal Commission.
INTRODUCED at a regular meeting of the City Council of Morro Bay, held on the 22nd
day of January, 1996, by motion of Councilmember Crotzer and seconded by Councilmember
Unger .
PASSED, APPROVED, AND ADOPTED by the City of Morro Bay City Council, at
a regular meeting held on this 13th day of February, 1996 by the following vote:
AYES: Councilmembers Anderson, Crotzer, Novak, Unger and Yates
NOES:
ABSENT:
ATTEST:
BRIDGET BAUE', City Clerk
APPROVED AS TO FORM:
DAVID R. HUNT, City Attorney
EXHIBIT A
Amendments to Section 17.24.030
and
Section 17.32.030
17.24.030 Single - family residential (R -1) district -- Duplex residential (R -2) district --
Multiple- family residential (R -3) district -- Multiple residential - professional (R -4)
district.
The purpose of the single - family residential district or "R- 1" district, the duplex residential
district or "R -2" district, the multiple - family residential district or "R -3" district and the multiple
residential - professional district or "R -4" district is as follows:
A. To stabilize and maintain the residential character of the various districts and to ensure the
maintenance of the maximum. amenities for family living commensurate with the densities of
population specified;
13. To ensure the these districts will be free from traffic and other uses causing congestion,
noise, confusion and interference in the pattern of family living. (Ord. 263 I (part), 1984)
C. In the R -1 district, if located on 1/2 acre or greater, the number of single - family
residential units allowed is 1 per lot or the number of units allowed in accordance with the density
range of the land use designation contained in the General Plan and Coastal Land Use Plan. The
maximum number of residential units shall not exceed four (4) per lot.
D. If more than one single - family residence is located on a lot in the R -1 district any
residential unit that has not been authorized as a secondary dwelling in accordance with State and
local regulations, shall not be used in violation of the Subdivision Map Act.
17.32.030 See EXHIBIT B
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ORDINANCE NO. 448
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF MORRO BAY, CALIFORNIA, ADDING SECTION 10.54
TO TITLE 10 OF THE MORRO BAY MUNICIPAL CODE,
REGULATING SKATEBOARDING AND ROLLERSKATING.
WHEREAS, local property and business owners find it necessary
to call the Police Department to report unsafe conditions due to
the interaction of skateboarders /rollerskaters and pedestrians or
vehicles; and
WHEREAS, the Police Department has responded to calls of
skateboarders making walking unsafe by applying foreign substances
to sidewalks, curbs or stairs; and
WHEREAS, Police Officers responding to such calls are
restricted in the actions they can take due to a lack of specific
laws and regulations for skateboarders and rollerskaters; and
WHEREAS, local businesses, property owners and school
officials have requested a City Ordinance allowing them to prohibit
or regulate skateboarders and rollerskaters on their property; and
WHEREAS, the City of Morro Bay is nearing completion of an
alternative skatepark or roller hockey rink at Del Mar Park and a
portable skateboard ramp to be utilized at controlled locations;
NOW, THEREFORE, the City Council of the City of Morro Bay does
ordain as follows:
Chapter 10.54 be added to Title 10, Vehicles and Traffic of the
Municipal Code reading in full as follows:
Chapter 10.54
SKATEBOARDING AND ROLLERSKATING REGULATIONS
Sections:
10.54.010
10.54.020
10.54.030
10.54.040
10.54.050
10.54.060
10.54.070
Definitions
Restrictions on Public Property
Restrictions on Private Property
Posting of Restrictions
Application of Foreign Substance
Reckless Skateboarding or Rollerskating
Violation and Penalties
10.54.010 Definitions
For the purposes of this chapter the words set out in this
section are defined as follows:
A. A "skateboard" includes but is not limited to all board
like devices, coasters, scooters, toys, conveyances, or
•
other similar device with wheels, and which is used for
transportation or sport, and is propelled by human power
as the user rides or stands upon the device and which is
not classified as a bicycle in this code.
B. A "rollerskate" includes any form of device worn on the
feet with wheels or rollers, for use on a sidewalk or
other surface offering traction and include those devices
commonly known as "in -line skates" or "rollerblades."
10.54.020 Restrictions on Public Property
Skateboarding and rollerskating shall be prohibited on any
public street, sidewalk, parking lot or other public property when
such area is prohibited or restricted by resolution of the City
Council.
10.54.030 Restrictions on Private Property
Skateboarding and rollerskating shall be prohibited on any
private property when the owner or person in charge of the property
has posted an appropriate sign restricting or prohibiting such use.
10.54.040 Posting of Restrictions
Upon resolution of the City Council, in regards to public
property, or action by the owner or person in charge of private
property, an appropriate sign shall be posted that identifies the
restricted or prohibited activity and the appropriate code section.
The sign shall be of sufficient size so as to be easily visible and
located at each obvious entrance to the property. In regards to
public property, the director of public works shall erect and
maintain the signs as provided by law.
10.54.050 Application of Foreign Substance
It shall be unlawful for any person to apply any foreign
substance, including wax, oil, or other similar material, either as
a solid or a liquid, on to or remove any non -slip material from any
curb, stair, railing, ramp, sidewalk, bench, or other abutment for
the purpose of aiding any stunt, turn or other acrobatic action
while riding a skateboard or rollerskates. Such application is
prohibited from any public or private property without notice.
10.54.060 Reckless Skatboarding and Rollerskating
No person shall use or operate any skateboard or rollerskate
on any public or private property in such a negligent and /or
reckless manner with disregard for the safety of persons or
property, and /or interfere with the orderly flow and right -of -way
of vehicular traffic in such a manner as to be a hazard to
pedestrians, vehicular traffic, the skateboarder /rollerskater
themselves, or any other persons.
10.54.070 Violations and Penalties
Any person violating any section of the chapter is guilty of
an infraction, punishable by:
A. A fine not exceeding fifty dollars for first violation.
B. A fine not exceeding one hundred dollars for a second
offense of this chapter within one year.
C. A fine not to exceed two hundred fifty dollars for each
subsequent violation of this chapter within one year.
INTRODUCED at a regular meeting of the City Council of Morro
Bay on the 8th day of January, 1996, by motion of Councilmember
Unger, and seconded by Councilmember Anderson.
PASSED, APPROVED, AND ADOPTED, by the City of Morro Bay City
Council, at a regular meeting held on this 22nd day of January,
1996 by the following vote:
AYES: Anderson, Crotzer, Novak, Unger, Yates
NOES: None
ABSENT: None
ATTEST:
AP ROVED AS TO FORM:
DAVID R. HUNT, Ci y Attorney
WILLIAM YATES,