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NO. TITLE ADOPTED
ORDINANCE676 L 1 ADOPTING
AMENDMENTSI TITLE 17 OF THE MBMC TO
ESTABLISH PROVISIONS IMINISTERIAL REVIEW
OF SECONDARYI GUESTHOUSES
l,N ALL ZONESHOMES .,.
PERMITTED USE 03-27-19
BEACHES AND PIERS AND RENAMING SECTION9.24
SECONDHAND
578 ORDINANCE ANNOUNCING1: 1 ADOPTING
AMENDMENTS I TITLE 17 OF THE MBMC AMENDING
IRi l I6
579 ORDINANCE REPEALING, AMENDING AND REENACTING
CHAPTER 14.72 OF THE MBMC (FLOOD DAMAGE
PREVENTION) 08-14-12
580 AN ORDINANCE OF THE CITY OF MORRO BAY
ANNOUNCING FINDINGS AND ADDING SECTION 7.04.170
(MENACING AND AGGRESSIVE ANIMALS) TO CHAPTER
7.04 OF THE MORRO BAY MUNICIPAL CODE 10-23-12
581 AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF MORRO BAY REPEALING, AMENDING, AND
REENACTING CHAPTER 10.76 OF THE MORRO BAY
MUNICIPAL CODE - COASTERS, ROLLER SKATES,
SKATEBOARDS, SCOOTERS, EPAMDS AND SIMILAR
DEVICES 10-23-12
CIT14,FI 1 ., 1
COASTERS,CHAPTER 10.76 OF THE MORRO BAY MUNICIPAL CODE -
ROLLERCI. 1
SCOOTERS, EPAMDS1SIMILARDEVICES
THE CITE' COUNCIL
City of Morro Bay, California
WHEREAS, the City of Morro Bay desires to keep its facilities in a well -maintained and
safe condition for all to enjoy; and
WHEREAS, Chapter 10.76 of the Morro Bay Municipal Code addresses the use of
skateboards, roller skates, in -line skates, coasters, scooters, and other similar devices on City
facilities; and
WHEREAS, certain parts of Chapter 10.76 of the Morro Bay Municipal Code are
outdated, cumbersome, and unenforceable; and
WHEREAS, the City Council desires to amend in its entirety Chapter 10.76 to expand
the breadth of devices considered in this ordinance and to add the prohibition of said devices
from use on city -owned property; and
WHEREAS, City Staff recommended amendments to Chapter 10.76 and presented the
draft Chapter 10.76 Ordinance to City Council at its meeting on September 25, 2012 for review
and comment; and
WHEREAS, the City Council provided staff with direction and recommended changes to
the draft Ordinance and City Staff has since made these changes and believes this rewritten
Ordinance will serve the City's needs well and address safety issues that have been a concern;
and
WHEREAS, a public hearing was scheduled for October 9, 2012, for consideration of
this Ordinance and appropriate public notices were given.
THEREFORE,THE CITYCOUNCILOF THE CITT I TI,.I BAT
DOES HEREBY ORDAIN AS Ft L
Chapter 10.76 of the Morro Bay Municipal Code is hereby repealed, amended, and
reenacted to read as follows:
Page 1 of 5
Chapter 10.76
10.76.010 - Definitions.
10.76.020 - Regulation of Skateboards, Roller Skates, Scooters and EPAMD.
10.76.030 - Skateboards, Roller Skates, Scooters and EPAMD prohibited upon
handicapped access ramps.
10.76.040 - Skateboards, Roller Skates, Scooters, or EPAMD prohibited upon
stairways, corridors or any plazas leading to or within a public building.
10.76.050 - Application of foreign substance.
10.76.060 - Yielding the right-of-way.
10.76.070 - Obeying traffic and pedestrian signals.
10.76.080 - Reckless skateboarding and roller-skating.
10.76.090 - Rules and regulations applicable to the Morro Bay Skate Park.
10.76.100 - Violations and penalties.
10.76.010 Definitions.
A. "Skateboard" means any platform of any composition or size without a seat to
which two or more wheels are attached and which is intended to be ridden or
propelled by one or more persons standing or kneeling upon it.
B. 'Roller skate" means any shoe, boot or other footwear to which is attached one or
more wheels.
C. "Business district" shall have the meaning set forth in Sections 235 and 240 of the
California Vehicle Code.
D. "Pedestrian mall" means any commercial property or plaza connecting or abutting
commercial buildings or establishments, within which the sidewalks and ways are
restricted to the use of pedestrians as that term is defined in Section 467 of the
California Vehicle Code.
E. "Sidewalk" means that portion of a highway or roadway set apart by curbs,
barriers, markings or other delineation for pedestrian travel and shall include any
driveway, curbing, bulkhead, retaining wall or other works for the protection of
any sidewalk, as well as any paved or improved pathway for pedestrian travel,
whether or not abutting highway.
Page 2 of 5
F. "Public building" means any building or structure constructed, owned or
occupied by any public agency, entity or public benefit corporation.
G. "Scooter" means a human powered mobile device having 2 (two) to 4 (four)
wheels, a deck to stand on, and handlebars.
H. "Electric assistive mobility devices" or "EPAMD" means those devices defined in
Section 313 of the California Vehicle Code. (Ord, 6948 § 2, 2003; Ord. 6544 § 1
(part), 1993)
10.76.020 Regulation of skateboards, roller skates, scooters and EPAMD.
Based on demonstrated pedestrian traffic safety needs, the City Council may regulate
and/or prohibit the use of skateboards, roller skates, scooters and/or EPAMD upon the roadways,
sidewalks, business districts, pedestrian malls, or public buildings in any part of the city and shall
so designate by Resolution and by posting such area wherein their use is regulated and/or
prohibited.
Exception —The regulation and/or prohibition on the use of EPAMD authorized in this
section shall not apply to the use of EPAMD by any governmental agency, public utility, or the
U.S. Postal Service or to any disabled person (as that term is defined in Vehicle Code Section
295.5(a)(c)) who displays a state -issued disabled placard.
10.76.030 Skateboards, roller skates, scooters and EPAMD prohibited upon
handicapped access ramps.
It is unlawful for any person to ride or propel a skateboard, roller skates, scooter or
EPAMD upon any ramp or passageway designed or built to afford access to buildings or
structures by handicapped or disabled persons.
Exception —The prohibition set forth herein shall not apply to the use of an EPAMD by a
disabled person (as that term is defined in Vehicle Code Section 295.5(a)(c)) who displays a
state -issued disabled placard.
10.76.040 Skateboards, roller skates, scooters, or EPAMD prohibited upon stairways,
corridors or any plazas leading to or within a public building.
It is unlawful to ride or propel a skateboard, roller skates, scooter, or EPAMD upon any
stairway or corridor leading to or within any public building or upon any plaza or courtyard
within any public building.
Exception —The prohibition set forth herein shall not apply to the use of an EPAMD by a
disabled person (as that term is defined in Vehicle Code Section 295.5(a)(c)) who displays a
state -issued disabled placard.
Page 3 of 5
10.76.050 Application of foreign substance.
It is unlawful for any person to apply any foreign substance, including wax, oil or other
similar material, whether 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.
10.76.060 Fielding the right-of-way.
Any person riding upon or propelling any roller skate, skateboard, scooter or EPAMD
shall yield the right-of-way to pedestrians on any sidewalk or crosswalk upon which it is lawful
to ride or propel a skateboard, roller skates, scooter or EPAMD.
10.76.070 Obeying traffic and pedestrian signals.
It is unlawful for any person riding upon or propelling any skateboard, roller skates,
scooter or EPAMD to fail to obey any traffic control signal or pedestrian control signal.
10.76.080 Reckless skateboarding and rollerskating.
No person shall use or operate any skateboard or roller skate 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/rollerskates
themselves, or any other persons.
10.76.090 Rules and regulations applicable to the Morro Bay Skate Park.
A. It shall be unlawful and a violation of this section for any person to engage in, or
for any adult responsible for the supervision of a minor child to permit a minor
child to engage in, any activity prohibited under this section.
B. The Morro Bay Skate Park is an unsupervised facility. Riding or otherwise using
a skateboard or any other permitted coasting device in the skate park, or entering
into the skate park for the purpose of engaging in such activity, without wearing a
helmet, elbow pads, and knee pads is prohibited.
C. Use or occupation of the skate park during non -open hours is prohibited and
constitutes trespassing.
D. Use of alcoholic beverages, tobacco, and/or drugs at the skate park is strictly
prohibited.
Page 4 of 5
Any person who is convicted of violation of any provision of this chapter is guilty of an
infraction, punishable by:
A. A fine not exceeding fifty dollars for a first violation;
B. A fine not exceeding one hundred dollars for a second violation of the same
ordinance within one year;
C. A fine not exceeding two hundred fifty dollars for each additional violation of the
same ordinance within one year.
This Ordinance shall take effect and be in force thirty (30) days from the date of its
passage, and before the expiration of fifteen (15) days after its passage, it, or a summary of it,
shall be published once, with the names of the City Council members voting for and against the
same, in a newspaper of general circulation published in the City of Morro Bay.
INTRODUCED at a regular meeting of the City Council of the City of Morro Bay held
on the 9th day of October 2012, by motion of Councilmember Johnson and seconded by
Councilmember Borchard.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Morro Bay
on the 23'd day of October, 2012 by the following vote:
AYES: Borchard, Johnson, Leage, Smukler, Yates
NOES: None
ABSENT: None
ABSTAIN: None
WILLIAM YATE yor
ATTEST:
JAW BO UCHER, City Clerk
ROBERT SCHUL(T.4yity Attorney
Chapter 10.76 - COASTERS, ROLLER SKATES, SKA'TEB0ARDS.,.,!,'!L,'02iA
EPAMDS AND SIMILAR DEVICES
1 Oa76.01 0 - Definitions.
4-Q-,7-6-.-02(Y ._t.fw 1 its i n streeb-4s�k 1
10,76.020 - Re-njLqjjQrjqf Skateboards Roller Skates, Scooters and EPAMD,
.1036.030 - Skateboards, Roller Skates., Sco0ters and EPAML)pro iLbited u gri handicum-ncd L - --------- P- __—fi—p g—
qccesLKqmj2L
16�040 - Skateboards. Rollg
.......0.,7
. ...... )AMD uL)�LrLstaiLwa sj�orridors or
to or in amrhrublic buildin&
10.76.050 - Application of foreign substance.
1 U6,060 - YieldipZjhe right -of- ay.
10.76.070 - Obeyjqg tla-fj[7j.c and cl ---strig iggn—,Lls.
-pL-L -p s� -
10.76.080 - Reckless skateboarding and roller-skating.
10.76.090 - Rules and regulations applicable to the Morro Bay Skate Park.
10.76. 100 - Violations and penalties.
10.61.010 - Definitions.
A, "Skateboard" nicans qLiy jilatform of any gomp gsition or size WitOUt a seat to
which two or more wheels are attached and which is intended to be ridden or
12ro j-je1tqd_tjy me or more Iiginstandin �� or kneelin 2en_ _qn it.,
B., "Roller skate" ineans ai hoc, boot ctr )Lhq aacd one or
_Lf�otweartowhich istthe more wheels.
.cl ""BUSS Bess district" shall have the irieanim4 set forth Sri Sections 235 and 24-0 of the
California Vehicle Code.
U "Pedestrian mall" means any conimercial property or plaza connecting or abutting
commercial buildin s or establishment ient s,-wi thin which the side \va1ks_,qiLds are yg�
restricted to the use of pedestrians as that term is defined in Section 467 of the
California Vehicle Code.
1?. "Sidewalk" means thqL 1'2o-LtioLiof-,-,Chi. gliNvi37Qi.- dway set apart urn sl -�y
barriers rnarkuws or other delineationfor
.......... pe jestr�.qn travel and shall includgan r
drivewaycjgbtqg,, bulkbeaL AAjj�ing wall or other works for qi�UL I ction of
!,-Ee - q-�e
whether or not abu'llill(LNWWYLM
F. "Public bUilding" ineans ny LCfldi , or structure constructed, owned or
wheels, a deck to stand (.,m, and handlebars.
H,devices
^
whereinre
U -)on the, road)Lay& sidewalks, business districts., pg�qq�jg-Linualhsor �Yubfie buildin s hi,
an, 7 par[ of the ci and shall so ks gio Li ),Aing such area their Use is regulated qLicL/�)-r t� Led.
IM6.030 -Skatebordsroller sl:att,,_..00ei-snd EPM P__.2!I_t imm LmnLI-ic—ap-p—ed amus-s—cains, L.
It is U11laWfU.1 -for any_per,2onjo ride or piL )�j a skateboard. roller skates, scooter
or EL?A or or bijift to affiord access to buildings
or structures -b-y_handic,,.ipL)e.(-I_Sy_Aiaqhlelp jjq.
g11—The IL-robibitioLi setforth herein not a sha,11 11 1101 p��'tg tbe.use of an
. . ....... ...... . ..... . .....
I.J'AMD by a li.,�r11Lled person (as that teri'n is defined in Vehic,le Code Section
2 9 5 . 5 I y.,s, mtslate -issged disa.bled piqgg!
1 skates 0.76.040 - Skateboalr(js g2.
cjLenjqE ij"AMQ t�jLrw t�otridoror s Ay�L
�2hj2jaL4aslLi fljjg�tq, or within a p fi�,hu Lh1j �L _Mh_ _
It is unlawful to ride_)LLj�gj2gj a skateboard, roller skates. scooter, or EPAMD
q1LOQ-41-1y It4i orriclorLe�tdin fct_ m yaithirr any irrrblic bLdidipgm rgiLgiy lazy
�jLny OrCOLirtygd_Within - _ ub1icbL1j1dinL_
set forth herein shal I not gjZpjy_.j9 the use of an
EPAMD_t)y_q LfisLkbtgLd -sop a.5 that terin is defined i it Vehicle Code Seed oil
295.5( ) c)) who dis lays a gate -issued A) -disabled hkc,,qd.
card.
It is unlawful for any person to apply any foreign substance, including wax, oil or
other similar material, whether 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
roller-skates. Such application is prohibited from any public or private property without
notice.
1 M6.060 - Xjllding the ri L --_oPELy,
m(_m)_1!-gE-s1ca,1e, skateboard, sc.)oji�,r of
EPAMD shallvield the rit g_._h-o ewalk or crosswalk it on _._-f-waY to pedestrians on LiD s cl
which it is lawful to ride or j2MLq_.�Lmteboard, roller skates, scooter or electric _Ljgr5,_L)jja1.
assistive tnobiljty device.
10.61.070 L-Obey
In txt�ffic ..,anji jjd±s n triasignals,
It is unlawRil Bor
skates. scooter car EPAMDto-fail to obey are y_jjaf'fic_i',,Sjnt IsiMal orDedestriancontrol
��j g�a
It is unlawful for any NE) person opet--ate qp�L ri jRL".
d Ror
propjj.i_ng any skateboard or roller-skate, Lor sepoter or EPAMD 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/roller-skater themselves, or any other persons.
111111111111111 11, 11�11111 1111g11111111,11111 11 F I , r111111 11'"11111 =Jill
NTH 1TV-3fillm'; i � 111,14111 11; 1 W 1, Z
A. It shall be unlawful and a violation of this section for any person to engage in, or
for any adult responsible for the supervision of a minor child to permit a minor
child to engage in, any activity prohibited under this section.
B. The Morro Bay Skate Park is an unsupervised facility. Riding or otherwise using
a skateboard or any other permitted coasting device in the skate park, or entering
into the skate park for the purpose of engaging in such activity, without wearing a
helmet, elbow pads, and knee pads is prohibited.
C. Use or occupation of the skate park during non -open hours is prohibited and
constitutes trespassing.
D. Use of alcoholic beverages, tobacco, and/or drugs at the skate park is strictly
prohibited.
Any person who is convicted of violation of any provision of this Chapter is
guilty of an infraction, punishable by:
A. A fine not exceeding fifty dollars for a first violation;
B. A fine not exceeding one hundred dollars for a second violation of the
same Chapter within one year;
C. A fine not exceeding two hundred fifty dollars for each additional
violation of the same Chapter within one year.
AN ORDINANCE OF THE CITY OF MORRO BAY
,44
1 1 1 •.11 1 1 I 1:
AGGRESSIVE ANIMALS) TO CHAPTER 7.04 OF THE MORRO BAY
MUNICIPAL I1
THE CITY COUNCIL
City of Morro Bay
WHEREAS, the City contracts with the San Luis Obispo County Division of Animal
Services for the provision of animal care and control services; and
WHEREAS, the City is required to enact Municipal Codes, which are similar to and
consistent with the County's Codes regarding the care, keeping, and management of animals; and
WHEREAS, the City Council desires to support the safe and responsible keeping of
animals within the City; and
WHEREAS, the City desires to protect the safety and welfare of responsible pet owners
and their pets from animals demonstrating aggressive or menacing behavior that threatens to
cause or actually causes harm to city residents and their pets; and
WHEREAS, the City Council finds that current laws governing aggressive and menacing
animals are insufficient to address the adverse health, safety and welfare impacts of aggressive
and menacing animals within the. City; and
WHEREAS, the County of San Luis Obispo recently enacted an Ordinance to strengthen
the regulation of aggressive and menacing animals, which the City Council finds to serve the best
interests of the citizens of the City of Morro Bay.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Morro
Bay as follows:
SECTION 1. Section 7.04.170 (Menacing and aggressive animals) is hereby added to
Chapter 7.14 of the Morro Bay Municipal Code, to read as follows:
7.04.170 Menacing and aggressive animals — Animal owner and property owner
responsibility.
A. It is unlawful for any person to keep, harbor, or maintain any aggressive or menacing
animal which threatens, harasses, or intimidates a person who is peaceably and lawfully upon
public or private property, unless it is contained in an enclosure of a construction adequate to
keep it securely confined and prevent its escape.
Page 1 of 3
B. It is unlawful for any person to permit any animal owned, harbored, or controlled by him
or her to attack and cause severe bodily injury or death to another domestic or captive animal
while off the property of its owner or keeper.
C. Upon notification of a violation of subsection A, the animal owner(s) must immediately
confine the animal to an enclosure or location which mitigates the aggressive and menacing
behavior.
D. For the purposes of this section, the following definitions apply:
1. "Aggressive animal" any animal whose observable behavior causes a person observing
that behavior to reasonably believe that the animal may attack a person or another animal without
provocation.
2. "Menacing animal" means any animal which, through its behavior, causes a person
observing or subject to that behavior to be in reasonable fear for his or her safety, or the safety of
animals kept by him or her. Police or military service canines being utilized in an official
capacity are excluded from this definition.
3. "Severe bodily injury" means any physical injury which results in deep lacerations with
separation of subcutaneous tissues, muscle tears or lacerations, fractures or joint dislocations, or
permanent impairment of locomotion or special senses.
E. Penalties for violation:
l . $350 for the first violation.
2. $700 for the second violation of subsection A or B within one year.
3. $1000 for each additional violation of subsection A or B within one year.
4. For the purposes of this section, a first violation of subsection A will be deemed
to have occurred if the menacing or aggressive animal is not confined as required by subsection
C within 24 hours of notification; a separate violation of subsection A shall be deemed to exist
for each 24 hour period following notification in which an animal's menacing or aggressive
behavior continues unmitigated.
F. Liability of property owners
1. Owners of properties upon which a tenant keeps, harbors, or maintains any
aggressive or menacing animal may, along with the animal owner(s), may be jointly and severally
liable for penalties related to violations of subsection A, provided that they have received at least
14 days prior written notice of the existence of such violation and the violation has not been
abated. No penalty shall be imposed upon the property owner if the property owner can
demonstrate, within 14 days following notification that a violation has occurred, that the property
owner has initiated action to abate the illegal activity on the property.
Page 2 of 3
SECTION 2. If any section, subsection, subdivision, paragraph, sentence, clause or
phrase of this Ordinance is for any reason held to be invalid or unenforceable, such invalidity of
unenforceability shall not affect the validity or enforceability of the remaining sections,
subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance or the rules
adopted hereby. The City Council of the City of Morro Bay hereby declares that it would have
adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof,
irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases hereof be declared invalid or unenforceable.
SECTION 3. This Ordinance shall take effect land be in force thirty (30) days from the
date of its passage, and before the expiration of fifteen (15) days after its passage, it, or a
summary of it, shall be published once, with the names of the City Council members voting for
and against the same, in a newspaper of general circulation published in the City of Morro Bay.
INTRODUCED at a regular meeting of the City Council of the City of Morro Bay held
on the 9th day of October 2012, by motion of Councilmember Borchard and seconded by
Councilmember Johnson.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Morro Bay,
on the 23'd day of October 2012, on the following vote:
AYES: Borchard, Johnson, Leage, Smukler, Yates
NOES: None
ABSENT: None
ABSTAIN: None
William Yates, 0 M 1
City of Morro Bay
�"�
LIM
Jie Boucher, City Clerk
City of Morro Bay
� ��' �** I =
Robert W. Schuh /,,E.94)
City Attorney
Page 3 of 3
Op,(�Jma", d, f> 7 q
AN ORDINANCE OF THE CITY COUNCILOF THE
CITY OF I RO BAY, CALIFORNIA;
REPEALING, AMENDING, 1 REENACTING
OF THE MORRO BAY MUNICIPAL CODE
WHEREAS, the City Council adopted Ordinance No. 564, the City's current flood
damage prevention regulations on November 8, 2010; 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 periodically revise its flood damage prevention ordinance to comply with current Federal
Emergency Management Agency (FEMA) regulations;
WHEREAS, the ordinance has been reviewed by FEMA staff and revised to comply
with current regulations;
NOW, THEREFORE, the City Council of the City of Morro Bay does ordain Section
14.72 of the Morro Bay Municipal Code as follows:
Sections:
14.72.010 - Statutory authorization, findings of fact, purpose and methods.
14.72.020 - Definitions.
14.72.030 - General provisions.
14.72.040 - Administration.
14.72.050 - Provisions for flood hazard reduction.
14.72,060 - Variance procedure.
14.72.010 - Statutory authorization, findings of fact, purpose and methods.
A. Statutory Authorization. The Legislature of the State of California has in Government Code
Sections 65302, 65560, and 65800 conferred upon local government the 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. Findings of Fact.
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.
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 contributes to flood losses.
C. Statement of Purpose. It is the purpose of this chapter promote the public health, safety, and
general welfare, and to minimize public and private losses due to flood conditions in specific
areas by legally enforceable regulations applied uniformly throughout the community to all
publicly and privately owned land within flood prone, mudslide [i.e. mudflow] or flood related
erosion areas. These regulations are 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 Reducing Flood Losses. In order to accomplish its purposes, this chapter
includes regulations to:
1. Restrict or prohibit uses which are dangerous to health, safety, and property due to
water or erosion hazards, or which result in damaging increases in erosion or 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 floodwaters;
4. Control filling, grading, dredging, and other development which may increase flood
damage;
5. Prevent or regulate the construction of flood barriers which will unnaturally divert
floodwaters or which may increase flood hazards in other areas.
14.72.020 - Definitions.
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as
to give them the meaning they have in common usage and to give this chapter its most
reasonable application.
"A zone" - see "Special flood hazard area".
"Accessory structure" means a structure that is either:
1. Solely for the parking of no more than 2 cars; or
2. A small, low cost shed for limited storage, less than 150 square feet and $1,500 in value.
"Accessory use" means a use which is incidental and subordinate to the principal use of the
parcel of land on which it is located.
"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.
"Apex" means a point on an alluvial fan or similar landform below which the flow path of the
major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.
"Appeal" means a request for a review of the floodplain administrator's interpretation of any
provision of this chapter.
"Area of shallow flooding" means a designated AO or AH Zone on the Flood Insurance Rate
Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does
not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be
evident. Such flooding is characterized by ponding or sheet flow.
Area of Special Flood Hazard. See "Special flood hazard area."
"Base flood" means a flood which has a one percent chance of being equaled or exceeded in any
given year (also called the "one -hundred -year flood"). Base flood is the term used throughout
this chapter.
"Base flood elevation" (BFE) means the elevation shown on the Flood Insurance Rate Map for
Zones AE, AH, Al-30, VE and V1-V30 that indicates the water surface elevation resulting from
a flood that has a 1-percent or greater chance of being equaled or exceeded in any given year.
"Basement" means any area of the building having its floor subgrade - i.e., below ground level -
on all sides.
"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 floodwaters. 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:
1. Breakaway wall collapse shall result from a water load less than that which would
occur during the base flood; and
2. 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.
Building. See "Structure."
"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 V1-V30, VE, or V.
"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.
"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.
"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 November 13, 1979.
"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).
"Flood, flooding, or flood water" means:
1. 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; and/or mudslides (i.e., mudflows); and
2. The condition resulting from flood -related erosion.
"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.
"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.
"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.
"Floodplain or flood -prone area" means any land area susceptible to being inundated by water
from any source - see "Flooding."
"Floodplain Administrator" is the community official designated by title to administer and
enforce the floodplain management regulations.
"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.
"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.
"F000dproofing" 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. For guidelines on dry and
wet floodproofing, see FEMA Technical Bulletins TB 1-93, TB 3-93, and TB 7-93.
"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."
"Floodway fringe" is that area of the floodplain on either side of the "Regulatory Floodway"
where encroachment may be permitted.
"Fraud and victimization" as related to Section 14.72.060 of this chapter, 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 property, unaware
that it is subject to potential flood damage, and car. be insured only at very high flood insurance
rates.
"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.
"Governing body" is the local governing unit that is empowered to adopt and implement
regulations to provide for the public health, safety and general welfare of its citizenry. In the City
of Morro Bay, this governing unit is the City Council.
"Hardship" as related to Section 14.72.060, of this title 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.
"Highest adjacent grade" means the highest natural elevation of the ground surface prior to
construction next to the proposed walls of a structure.
"Historic structure" means any structure that is:
1. 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,
2. 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,
3. 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
4. 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.
"Levee" means a constructed facility, usually an earthen embankment, designed and installed in
accordance with sound engineering practices to contain, control or divert the flow of water so as
to provide protection from temporary flooding.
"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.
"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 conforms to applicable non -elevation
design requirements, including, but not limited to:
a. The flood openings 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.
"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."
"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.
"Market value" is defined in the City of Morro Bay substantial damage/improvement procedures.
See Chapter 14.72.040 (C.2.a).
"Mean sea level" means, for purposes of the National Flood Insurance Program, the National
Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988 or
other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map
are referenced.
"New construction," for floodplain management purposes, means structures for which the "start
of construction" commenced on or after November 13, 1979, and includes any subsequent
improvements to such structures.
"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 November
13, 1979.
"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.
One -Hundred -Year Flood or 100-Year Flood. See "Base flood."
"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.
"Program deficiency" means a defect in a community's floodplain management regulations or
administrative procedures that impairs effective implementation of those floodplain management
regulations.
"Public safety and nuisance" as related to Section 14.72.060 of this chapter 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.
"Recreational vehicle" means a vehicle which is:
1. Built on a single chassis;
2. Four hundred square feet or less when measured at the largest horizontal projection;
3. Designed to be self-propelled or permanently towable by a light -duty truck; and
4. Designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use.
"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.
"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 codified in this chapter or otherwise deterring future similar violations, or reducing
State or federal financial exposure with regard to the structure or other development.
"Riverine" means relating to, formed by, or resembling a river (including tributaries), stream,
brook, etc.
"Sand dunes" mean naturally occurring accumulations of sand in ridges or mounds landward. of
the beach.
"Sheet flow area" - see "Area of shallow flooding."
"Special flood hazard area (SFHA)" means an area the floodplain subject to a one percent or
greater chance of flooding in any given year. It is shown on an FHBM or FIRM as Zone A, AO,
Al-A30, AE, A99, AH, Vl `d30, VE or V.
"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 one
hundred eighty 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.
"Structure" means a walled and roofed building that is principally above ground; this includes a
gas or liquid storage tank or a manufactured home.
"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 fifty percent of the
market value of the structure before the damage occurred.
"Substantial improvement" means any reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds fifty 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
performed. The term does not, however, include either:
1. 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
2. Any alteration of a "historic structure," provided that the alteration will not preclude
the structure's continued designation as a "historic structure."
V Zone. See "Coastal high hazard area."
"Variance" means a grant of relief from the requirements of this title which permits construction
in a manner that would otherwise be prohibited by this chapter.
"Violation" means the failure of a structure or other development to be fully compliant with this
title. A structure or other development without the elevation certificate, other certifications, or
other evidence of compliance required in this chapter is presumed to be in violation until such
time as that documentation is provided.
"Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum
(NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, of floods
of various magnitudes and frequencies in the floodplams of coastal or riverine areas.
"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 Chapter Applies. This chapter shall apply to all areas of special flood
hazards within the jurisdiction of the City of Morro Bay.
B. Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard
identified by the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study
(FIS) for San Luis Obispo County, California, and Incorporated Areas dated August 28, 2008,
and accompanying Flood Insurance Rate Map (FIRM), dated August 28, 2008, and all
subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a
part of this chapter. This FIS and attendant mapping is the minimum area of applicability of this
title and may be supplemented by studies for other areas which allow implementation of this title
and which are recommended to the City Council by the floodplain administrator. The study and
FIRM are on file at the department of Public Services, 955 Shasta Avenue, Morro Bay.
C. Compliance. No structure or land shall hereafter be constructed, located, extended,
converted or altered without full compliance with the terms of this title 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 chapter is not intended to repeal, abrogate, or
impair any existing easements, covenants, or deed restrictions. However, where this chapter 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 title, 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. Warning and Disclaimer of Liability. The degree of flood protection required by this
chapter 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 title 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 title shall not create liability on the part of City Council, any officer or
employee thereof, the State of California, or the Federal Emergency Management Agency, for
any flood damages that result from reliance on this title or any administrative decision lawfully
made hereunder.
G. Severabi_lity: This chapter and the various parts thereof are hereby declared to be severable.
Should any section of this chapter be declared by the courts to be unconstitutional or invalid,
such decision shall not affect the validity of the chapter as a whole or any portion thereof other
than the section so declared to be unconstitutional or invalid.
H. Standards of Construction. Structure freeboard requirements have increased from one to
two feet above the base flood elevation in the 2012 revision of this ordinance. New construction
and substantial improvements to existing structures with start of construction after the adoption
of this ordinance must comply with these new requirements.
14.72.040 - Administration.
A. Establishment of Development Permit. 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 shall include the following minimum information:,
Plans in duplicate drawn to scale showing:
a. 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;
b. Proposed locations of water supply, sanitary sewer, and other utilities;
c. Grading information showing existing and proposed contours, any proposed
fill, and drainage facilities;
d. Location of the regulatory floodway when applicable;
e. Base flood elevation information as specified in Section 14.72.030(B) or
Section 14.72.040(C.2);
f. Proposed elevation in relation to mean sea level, of the lowest floor (including
basement) of all structures; and
g. Proposed elevation in relation to mean sea level to which any nonresidential
structure will be floodproofed, as required in Section 14.72.050(A.3.b) of this
ordinance and detailed in FEMA Technical Bulletin TB 3-93.
2. Certification from a registered civil engineer or architect that the nonresidential
floodproofed building meets the floodproofing criteria in Section 14.72.050(A.3.b).
3. For a crawl -space foundation, location and total net area of foundation openings as
required in Section 14.72.050(A.3.c) of this ordinance and detailed in FEMA Technical
Bulletins 1-93 and 7-93.
4. Description of the extent to which any watercourse will be altered or relocated as a result
of proposed development.
5. All appropriate certifications listed in Section 14.72.040(C.4) of this ordinance.
B. Designation of the Floodplain Administrator. The City Engineer is hereby appointed to
administer, implement, and enforce this title by granting or denying development permits in
accord with its provisions.
C. Duties and Responsibilities of the Floodplain Administrator. The duties and responsibilities
of the floodplain administrator shall include, but not be limited to the following:
Permit Review. Review all development permits to determine that:
a. Permit requirements of this title have been satisfied, including determination of
substantial improvement and substantial damage of existing structures;
b. All other required state and federal permits have been obtained;
C. The site is reasonably safe from flooding, and
d. 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 title, "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 within the City of Morro Bay;
e. All Letters of Map Revision (LOMR's) for flood control projects are approved
prior to the issuance of building permits. Building Permits must not be issued based
on Conditional Letters of Map Revision (CLOMR's). Approved CLOMR's allow
construction of the proposed flood control project and land preparation as specified in
the "start of construction" definition
2. Development of Substantial Improvement and Substantial Damage Procedures.
a. Using FEMA publication FEMA 213, "Answers to Questions About
Substantially Damaged Buildings," develop detailed procedures for identifying and
administering requirements for substantial improvement and substantial damage, to
include defining "Market Value."
b. Assure procedures are coordinated with other departments/divisions and
implemented by community staff.
3. Review, Use and Development of 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
NOTE: A base flood elevation shall be obtained using one of the simplified or detailed
methods from the FEMA publication, FEMA 265, "Managing Floodplain Development in
Approximate Zone A Areas — A Guide for Obtaining and Developing Base (100-year)
Flood Elevations" dated July 1995;
4. Notification of Other Agencies:
a. In alteration or relocation of a watercourse
i. Notify adjacent communities and the California Department of Water
Resources prior to alteration or relocation,
ii. Submit evidence of such notification to the Federal Emergency
Management Agency, and
iii. Assure that the flood carrying capacity within the altered or relocated
portion of said watercourse is maintained;
b. Base Flood Elevation changes due to physical alterations:
i. Within 6 months of information becoming available or project completion,
whichever comes first, the floodplain administrator shall submit or assure that the
permit applicant submits technical or scientific data to FEMA for a Letter of Map
Revision (LOMR).
ii. All LOMR's for flood control projects are approved prior to the issuance of
building permits. Building Permits must not be issued based on Conditional
Letters of Map Revision (CLOMR's). Approved CLOMR's allow construction of
the proposed flood control project and land preparation as specified in the "start
of construction" definition.
Such submissions are necessary so that upon confirmation of those physical
changes affecting flooding conditions, risk premium rates and floodplain
management requirements are based on current data.
C. Changes in corporate boundaries:
Notify FEMA in writing whenever the corporate boundaries have been modified by
annexation or other means and include a copy of a map of the community clearly
delineating the new corporate limits.
5. 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 and
other proposed development 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);
g. 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 Emergency Management Agency
6. 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
7. Remedial Action. Take action to remedy violations of this title as specified in Section
14.72.030(C).
8. Biennial Report. Complete and submit Biennial Report to FEMA.
9. Planning. Assure community's General Plan is consistent with floodplain management
objectives herein.
D. Appeals. The City Council of the City of Morro 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 chapter.
14.72.050 - Provisions for flood hazard reduction.
A. Standards of Construction. In all areas of special flood hazards the following standards are
required:
1. Anchoring.
a. All new construction and substantial improvements, including manufactured
home, 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 flood resistant materials, and utility equipment resistant to flood damage for
areas below the base flood elevation;
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; and
d. Within Zones AH or AO, so that there are adequate drainage paths around
structures on slopes to guide floodwaters around and away from proposed structures.
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,
i. In AE, AH, Al-30 Zones, elevated two feet above the base flood elevation.
ii. In an AO zone, elevated above the highest adjacent grade to a height two
feet above the depth number specified in feet on the FIRM, or elevated at least
four feet above the highest adjacent grade if no depth number is specified.
iii. In an A zone, without BFE's specified on the FIRM [unnumbered A zone],
elevated two feet above the base flood elevation; as determined under subsection
14.72.040 (C)(3) .Upon the completion of the structure, the elevation of the
lowest floor including basement shall be certified by a registered civil engineer or
licensed land 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.
i. 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;
ii. Have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy; and
iii. Be certified by a registered professional engineer or architect retained by the
applicant that the standards of this Section 14.72.050(A)(3)(a) are satisfied. Such
certification shall be provided to the floodplain administrator.
C. Flood Openings. 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:
i. Be certified by a registered professional engineer or architect, or
ii. Have a minimum of two openings on different sides 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. Buildings with more than one enclosed area must have openings on
exterior walls for each area to allow flood water to directly enter.
d. Manufactured homes shall also meet the standards in Section 14.72.050(D).
e. Attached Garages.
i. A garage attached to a residential structure, constructed with the garage
floor slab below the BFE, must be designed to allow for the automatic entry of
floodwaters. See Section 14.72.050(A.3.c). Areas of the garage below the BFE
must be constructed with flood resistant materials. See Section 14.72.050(A.2).
ii. A garage attached to a nonresidential structure must meet the above
requirements or be dry floodproofed. For guidance on below grade parking
areas, see FEMA Technical Bulletin TB-6.
f. Detached garages and low-cost accessory structures. "Accessory structures" used
solely for parking (2 car detached garages or smaller) or limited storage (small, low-
cost sheds), as defined in Section 14.72.020, may be constructed such that its floor is
below the base flood elevation (BFE), provided the structure is designed and
constructed in accordance with the following requirements:
i. Use of the accessory structure must be limited to parking or limited storage;
ii. The portions of the accessory structure located below the BFE must be built
using flood -resistant materials;
iii. The accessory structure must be adequately anchored to prevent flotation,
collapse and lateral movement;
iv. Any mechanical and utility equipment in the accessory structure must be elevated
or floodproofed to or above the BFE;
v. The accessory structure must comply with floodplain encroachment provisions in
Section 14.72.050 (F); and
vi. The accessory structure must be designed to allow for the automatic entry of
floodwaters in accordance with Section 14.72.050(A.3.c).
Detached garages and accessory structures not meeting the above standards must
be constructed in accordance with all applicable standards in Section
14.72.050(A).
B. Standards for Utilities.
1. All new and replacement water supply and sanitary sewage systems shall be designed
to minimize or eliminate:
a. Infiltration of floodwaters into the systems; and
b. Discharge from the systems into floodwaters.
2. On -site waste disposal systems shall be located to avoid impairment to them, or
contamination from them during flooding.
C. Standards for Subdivisions and Other Proposed Development.
1. All preliminary subdivision proposals and other proposed development, including
proposals for manufactured home parks and subdivisions, shall identify the special flood
hazard area (SFHA) and the elevation of the base flood (BFE).
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, pad and lowest adjacent
grade elevations shall be certified by a registered civil engineer or licensed land surveyor
retained by the applicant and provided to the floodplain administrator as part of an
application for a Letter of Map Revision based on Fill (LOMR-F).
3. All subdivision proposals and other proposed development shall be consistent with the
need to minimize flood damage.
4. All subdivision proposals and other proposed development shall have public utilities
and facilities such as sewer, gas, electrical and water systems located and constructed to
minimize flood damage.
5. All subdivisions and other proposed development 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, on sites located: (1)
outside of a manufactured home park or subdivision; (2) in a new manufactured home park
or subdivision; (3) in an expansion to an existing manufactured home park or subdivision;
or (4) in an existing manufactured home park or subdivision upon which a manufactured
home has incurred "substantial damage" as the result of a flood, shall:
a. Within Zones Al 30, AH, and AE on the community's Flood Insurance Rate Map, be
elevated on a permanent foundation such that the lowest floor of the manufactured home is
elevated at least two feet above the base flood elevation and be securely fastened to an
adequately anchored foundation system to resist flotation, collapse, and lateral movement.
b. Within Zones V1 30, V, and VE on the community's Flood Insurance Rate Map, meet
the requirements of Section 14.72.050(D)(1) and Section 14.72.050(G).
2. All manufactured homes to be placed or substantially improved on sites in an existing
manufactured home park or subdivision within Zones Al 30, AH, AE, V 1 30, V, and VE on
the community's Flood Insurance Rate Map that are not subject to the provisions of Section
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 two feet above the base flood
elevation;
b. Manufactured home chassis is supported by reinforced piers or other foundation
elements of at least equivalent strength that are no less than thirty-six inches in height
above grade.
E. Standards for Recreational Vehicles.
1. All recreational vehicles placed in Zones Al-30, AH, AE, VI-30 and VE will either:
a. Be on the site for fewer than 180 consecutive days; or
b. 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
C. Meet the permit requirements of Section 14.72.040 of this chapter 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, V, and VE on the flood.
insurance rate map will meet the requirements of Section 14.72.050(E)(1) and Section
14.72.050(G).
F. Floodways. Since floodways are an extremely hazardous area due to the velocity of
floodwaters which carry debris, potential projectiles, and erosion potential, the following
provisions apply:
1. Until a regulatory floodway is adopted, no new construction, substantial development,
or other development (including fill) shall be permitted within Zones Al-30 and AE, unless
it is demonstrated that the cumulative effect of the proposed development, when combined
with all other development, will not increase the water surface elevation of the base flood
more than 1 foot at any point within the City of Morro Bay..
2. Within an adopted regulatory floodway, the City of Morro Bay shall prohibit
encroachments, including fill, new construction, substantial improvements, and other
development, unless certification by a registered civil engineer is provided demonstrating
that the proposed encroachment shall not result in any increase in flood levels during the
occurrence of the base flood discharge
3. 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
G. Coastal High Hazard Areas. Within coastal high hazard areas as established under Section
14.72.030(B), the following standards shall apply:
1. 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. 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 of Variances. The issuance of a variance is for floodplain management purposes
only. Insurance premium rates are determined by statute according to actuarial risk and will not
be modified by the granting of a variance.
The variance criteria set forth in this section of the chapter 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 title 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.
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 chapter
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 Board.
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 chapter, 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
floodwaters 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.
2. 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) 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, "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 subsections (C)(1) though (C)(5) of this section 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
title, the City Council may attach such conditions to the granting of variances as it deems
necessary to further the purposes of this chapter.
C. Conditions for 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 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) 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 title. For example,
in the case of variances to an elevation requirement, this means the City Council will 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.
5. 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 twenty-
five dollars for one hundred dollars 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.
6. 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.
This Ordinance shall take effect and be in full force and effect thirty (30) days from and
after its passage and, before the expiration of fifteen (15) days after its passage, shall be
published once in a newspaper of general circulation printed and published in the City of Morro
Bay, or in the alternative, the City Clerk may cause to be published a summary of this Ordinance
and a certified copy of the text of this Ordinance shall be posted in the office of the City Clerk
five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after
adoption, the City Clerk shall cause to be published the aforementioned summary and shall post
in the office of the City Clerk a certified copy of this Ordinance. Any publication of the
Ordinance or summary or posting of the Ordinance shall include the names of the members of
the City Council voting for and against the same.
INTRODUCED at a regular meeting the of the City Council of Morro Bay, held on the
loth of July, 2012 by motion of Councilmember Borchard, seconded by Councilmember
Smukler.
JA]ot BOUCHER, City Clerk
ROBERTSCHULT q,'-ity Attorney
RM M-M'M = ��
NJ -(YTf VS7F1-1Tf-UK-1
SECTIOT
Case No. AOO-O 14 (Local Coastal
WHEREAS, it is the purpose of the Zoning Ordinance of the City of Morro Bay to establish a
precise and detailed plan for the use of land in the City based on the General Plan; and
WHEREAS, the proposed amendment will provide specific regulations as to when additional
onsite parking will be required for existing commercial building(s) converting from one use to another
without new construction or new additions for the mapped specific North Main Street Commercial Area;
and
WHEREAS, it is important to have clear, consistent, easy to use regulations within the Zoning
Ordinance; and
WHEREAS, the Planning Commission of the City of Morro Bay, on April 18, 2012 after a duly
noticed PUBLIC HEARING, did forward a recommendation, by adoption of Planning Commission
Resolution #19-12 that the City Council amend Title 17 (Zoning Ordinance) Section 17.44.020.1
"Facilities Required"; and
WHEREAS, on May 22, 2012, the City Council of the City of Morro Bay did hold a duly
noticed PUBLIC HEARING to consider the amendment regulating parking in the specific North Main
Street Commercial Area; and
WHEREAS, the City Council finds that a Negative Declaration was prepared to evaluate the
environmental impacts of the proposed ordinance amendments, and determined that no significant
impacts would result from the adoption of these amendments; 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 following amendment:
17.44.020 PARKING FACILITIES
A. Off -Street Parking — General Requirements
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, off-street parking spaces shall be provided in
accordance with the requirements and standards of this chapter, a. change, expansion or
intensification of land use which would increase the number of parking spaces required as
provided in this title shall be based only upon the number of spaces required for the change
or expansion. Except in the North Main Street Commercial Parking Area as defined in
Figure 17.44.020(3) as codified at the end of this chapter where all changes in
commercial uses including more intense uses not including new construction or new
additions will not be required to provide additional onsite parking.
I'470
CKWOCIFID
Boundary
is thick
black line
51
\ '"T
Based on the following findings:
1. The proposed Zoning Ordinance Amendments will not be injurious or detrimental to the health,
safety, comfort, general welfare or well being of the persons residing or working in the neighborhood.
2. That the proposed amendment is in general conformance with the City's General Plan and Local
Coastal Plan.
NOW, THEREFORE BE IT ORDAINED, by the City Council of the City if Morro Bay,
California, as follows:
SECTION 1: Title 17 of Morro Bay Municipal Code (Zoning Ordinance) is amended as contained in
this Ordinance 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:
1. That the above recitations are true and correct and constitute the findings of the Council in this
matter; 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. Pursuant to Section 17.64.080 No amendment to Title 17 shall be legally effective in the coastal
zone until the amendment is certified by the Coastal Commission.
INTRODUCED at the regular meeting of the City Council held on May 22, 2012 by motion of
Councilmember Borchard and seconded by Councilmember Smukler.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the
12t" day of June, 2012 by the following vote to wit:
AYES:
Borchard, Johnson, Leage, Smukler, Yates
NOES:
None
ABSTAIN:
None
ABSENT:
None
ATTEST:
William Yates, M yo
City of Morro Ba
t-
Jame oucher, City Clerk
City of Morro Bay
ROBERT W. SCWL Z, Esq.
City Attorney.,
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF MORRO BAY AMENDING SECTION 9.24
OF THE MORRO BAY MUNICIPAL CODE ENTITLED
SMOKING AND FIRES PROHIBITED ON CITY BEACHES AND PIERS
AND RENAMING SECTION 9.24 SECONDHAND SMOKING REGULATIONS
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the U. S. Surgeon General has concluded that there is no risk -free level of
exposure to secondhand smoke and neither separating smoker from nonsmokers nor installing
ventilation systems effectively eliminates secondhand smoke; and -
WHEREAS, the U. S. Environmental Protection Agency (EPA) has found secondhand
smoke to be a risk to public health, and has classified secondhand smoke as a group -A
carcinogen, the most dangerous class of carcinogen; and
WHEREAS, exposure to secondhand smoke is the third leading cause of preventable
death in this country, killing over 52,000 non-smokers each year including 3,000 deaths from
lung cancer; and
WHEREAS, there is indisputable evidence that implementing 100% smoke -free
environments is the only effective way to protect the population from the harmful effects of
exposure to secondhand smoke; and
WHEREAS, employees who work in smoke -filled businesses suffer a twenty-five to
fifty percent (25-50%) higher risk of heart attack and higher rates of death from cardiovascular
disease and cancer, as well as increased acute respiratory disease and measurable decrease in
lung function; and
WHEREAS, studies measuring cotinine (metabolized nicotine) and NNAL (metabolized
nitrosamine NNK, a tobacco -specific carcinogen linked to lung cancer) in New York City
hospitality workers find dramatic reductions in the levels of these biomarkers after a smoke -free
law takes effect. Average cotinine levels of these restaurant and bar workers decreased by
eighty-five percent (85%) after the city's smoke -free law went into effect; and
WHEREAS, secondhand smoke is particularly hazardous to elderly people, individuals
with cardiovascular disease, and individuals with impaired respiratory function, including
asthmatics and those with obstructive airway disease. The Americans with Disabilities Act,
which requires that disabled persons have access to public places and workplaces, deems
impaired respiratory function to be a disability; and
WHEREAS, the Morro Bay Municipal Code provides that any condition existing in
violation of the code is deemed to be a public nuisance.
Page 1 of 8
NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Morro
Bay that Morro Bay Municipal Code is hereby amended by changing the title and contents of
Section 9.24 in its entirety as follows:
Chapter 9.24
9.24.010 Purpose
9.24.020 Definitions
9.24.030 Secondhand smoke generally
9.24.040 Public and other places where smoking shall be prohibited
9.24.050 Reasonable distance
9.24.060
Places where smoking may be permitted
9.24.070
Modifications of designated smokers' outposts
9.24.080
Allowing, aiding or abetting smoking
9.24.090
Signs
9.24.100
Disposal of smoking waste
9.24.110
Fires on city beaches
9.24.120
Enforcement and penalties
9.24.130
Public education — Purposes of chapter
9.24.140
Governmental cooperation
9.24.150
Other laws
9.24.010 Purpose.
This chapter is enacted with the specific intent to:
A. Prohibit smoking in certain public places not preempted by California Labor Code
Section 6404.5, which provides further smoking regulations;
B. Protect the public health, safety and general welfare by prohibiting smoking in certain
public places under circumstances where other persons will be exposed to secondhand smoke;
C. Ensure a cleaner and more hygienic environment for the City, its residents, and its
natural resources, including its creeks and streams and beaches;
D. Strike a reasonable balance between the needs of persons who smoke and the needs of
nonsmokers, including residents and visitors, particularly children, to breathe smoke -free air,
recognizing the threat to public health and the environment which smoking causes;
E. Designate the enforcing agency for this chapter and for Labor Code Section 6404.5.
9.24.020 Definitions.
The following words and phrases, as used in this Chapter or in any other applicable law
regulating smoking, shall have the following meanings:
Page 2 of 8
A. Business. Any sole proprietorship, partnership, joint venture, corporation, association
or other entity formed for profit -making purposes or that has an employee.
B. City Beach. The sandy area on either side of the mean high tide line from Atascadero
Road all the way up to, but not including the parking lot at the Rock. City Beach shall also
include the area of the Sand Spit that is owned by the City.
C. City T- Piers. The municipal piers located North of Beach Street and at Tidelands
P ark.
D. Code compliance officer. The city code compliance officer or duly authorized
designee of the City code compliance officer.
E. Dining area. Any area available to or customarily used by the general public that is
designed, established or regularly used for consuming food or drink.
F. Employee. Any person who is employed or retained as an independent contractor by
any employer as defined in this section; or any person who volunteers his or her services for an
employer, association, nonprofit or volunteer entity.
G. Employer. Any person, partnership, corporation, association, nonprofit or other entity
that employs or retains the service of one or more persons, or supervises volunteers.
H. Enclosed. Any covered or partially covered space having more than fifty percent
(50%) of its perimeter area walled in or otherwise closed to the outside such as, for example, a
covered porch with more than two walls; or any space open to the sky (hereinafter "uncovered")
having more than seventy five (75) percent of its perimeter area walled in or otherwise closed to
the outside such as, for example, a courtyard.
I. Nonprofit entity. Any entity that meets the requirements of California Corporations
Code Section 5003 as well as any corporation, unincorporated association or other entity created
for charitable, religious, philanthropic, educational, political, social or similar purposes, the net
proceeds of which are committed to the promotion of the objectives of the entity and not to
private gain. A public agency is not a nonprofit entity within the meaning of this section.
J. Place of employment. Any area under the legal or de facto control of an employer,
business or nonprofit entity that an employee or the general public may have cause to enter in the
normal course of operations, but regardless of the hours of operation, including, for example,
indoor and outdoor work areas, vehicles used in employment or for business purposes, taxis,
employee lounges, conference and banquet rooms, bingo and gaming facilities, long-term health
facilities, warehouses and private residences that are used as childcare or healthcare facilities
subject to licensing requirements.
K. Playground. Any park or recreational area designed in part to be used by children,
that has play or sports equipment installed or has been designated or landscaped for play or
sports activities, or any similar facility located on public or private school grounds, or on City
property.
L. Premises. A lot or contiguous lots and any improvements thereon such as is usually
described in a deed, deed of trust or mortgage, and includes legally separate but contiguous
pieces of land that are owned by the same person or are under common control.
M. Present. Within a reasonable distance.
N. Public place. Any public or private place open to the general public regardless of any
fee or age requirement, including, for example, streets, sidewalks, parking lots, parking garages,
plazas, bars, restaurants, clubs, stores, stadiums, parks, playgrounds, City beaches, T-Piers, taxis
and buses. For the purposes of the provisions of this chapter, a "public place" does not mean a
Page 3 of 8
private residence except for residences used as an adult or child care, health care, board and care,
or community foster care facility as such terms are defined by the state Health and Safety Code.
O. Reasonable distance. The greatest distance practicable that ensures that occupants of
an area in which smoking is prohibited are not exposed to secondhand smoke created by smokers
outside the area. This distance shall be a minimum of twenty (20) feet.
P. Recreational area. Any public or private area open to the public for recreational
purposes whether or not any fee for admission is charged, including without limitation, parks,
trails, gardens, sporting facilities, stadiums, beaches, T-Piers and playgrounds.
Q. Restaurant. Any coffee shop, cafeteria, luncheonette, tavern, cocktail lounge,
sandwich stand, soda fountain, private and public school cafeteria, eating establishment,
boardinghouse or guest house or similar establishment which gives or offers for sale food to the
public.
R. Secondhand smoke. Smoke that is generated from the burning end of a lighted
tobacco, weed or plant product, or smoke that is exhaled by a smoker after inhaling or ingesting
a lit tobacco, weed or plant product.
S. Service area. Any area designed to be or regularly used by one or more persons to
receive or wait to receive a service, enter a public place or make a transaction whether or not
such service includes the exchange of money, including, for example, ATMs, bank teller
windows, telephones, ticket lines, bus stops, taxi stands and takeout counters.
T. Smoke or Smoking. The carrying or holding of a lighted pipe, cigar, cigarette, or any
other lighted smoking product or equipment used to burn any tobacco products, weed, plant, or
any other combustible substance. Smoking includes emitting or exhaling the fumes of any pipe,
cigar, cigarette, or any other lighted smoking equipment used for burning any tobacco product,
weed, plant, or any other combustible substance.
U. Sports arena. An outdoor or nonenclosed sports pavilion, stadium, swimming pool,
roller rink, or other similar place where members of the general public assemble either to engage
in physical exercise, participate in athletic competition or witness sports events, including the
concession stand areas thereof.
V. Unenclosed area. Any area which is not enclosed.
9.24.030 Secondhand smoke generally
For all purposes within the jurisdiction of the city, the nonconsensual exposure to
secondhand smoke and the uninvited presence of secondhand smoke on property in violation of
this chapter shall constitute a nuisance, as is further described by Chapter 8 of the Morro Bay
Municipal Code.
9.24.040 Public and other places where smoking shall be prohibited
Except as otherwise provided by this chapter or by state or federal law, smoking shall be
prohibited everywhere in the City, including but not limited to:
A. All public places;
B. Residences used as child care, health care, board and care, or community foster care
facility as such terms are defined by state Health and Safety Code,
C. Places of employment, except outdoor construction sites;
Page 4 of 8
D. Enclosed and unenclosed places of hotels, businesses, restaurants, bars and other public
accommodations; and
E. Any means of public transit including associated waiting areas, and service areas,
enclosed or not.
9.24.050 Reasonable Distance
Smoking in unenclosed areas shall be prohibited within a reasonable distance of 20 feet
from any entrance, opening, crack or vent into an enclosed area where smoking is prohibited,
except while actively passing on the way to another destination and so long as smoke does not
enter any enclosed area in which smoking is prohibited.
9.24.060 Places where smoking may be permitted
Except where prohibited by state or federal law, smoking may be permitted in the
following locations within the city notwithstanding Section 9.24.040:
A. Private residential and multifamily properties. This chapter does not preclude private
regulation of smoking on private residential and multifamily properties.
B. Designated unenclosed areas ("smokers' outposts") provided that all of the following
conditions are met:
1. The area is located a reasonable distance away from any doorway or
opening into an enclosed area and any access way to a public place;
2. The area has a clearly marked perimeter;,
3. The area is posted with one or more conspicuously displayed sign(s)
identifying the area as a designated outdoor smoking area pursuant to section
9.24.060 of this code;
4. Smoke is not permitted to enter adjacent areas in which smoking is
prohibited by this chapter, other law or by the owner, lessee or licensee of the
adjacent property;
5. Appropriate ash can(s) are placed in the smoking area and are
maintained regularly by the owner, operator or manager of the smoking area; and
6. No consistent complaints of secondhand smoke are filed with the City.
C. Smoking areas at public events which have been approved as part of the Special Event
Permit or Temporary Use Permit issued by the City.
D. Inside a private automobile when no minor child is present.
E. Any unenclosed area in which no nonsmoker is present and, due to the time of day or
other factors, it is not reasonable to expect another person to arrive.
9.24.070 Modifications of Designated Smokers' Outposts
The City reserves the right to prohibit or require modifications to a smoker's outpost at a
certain location if it undermines the purposes of this chapter.
Page 5 of 8
9.24.080 Allowing, Aiding or Abetting Smoking
A. No person, employer, business or nonprofit entity shall knowingly permit smoking in
an area under his, her or its legal or de facto control in which smoking is prohibited by this
chapter or other law.
B. Except as provided in Section 9.24.050 of this code, no person, employer, business or
nonprofit entity shall allow the placement or maintenance of a receptacle for smoking waste in
an area under his, her or its legal or de facto control in which smoking is prohibited by this
chapter or other law, provided however, that a receptacle may be placed at the entry to a
nonsmoking area, along with a "No Smoking" sign, in order to encourage any smokers in
violation of this chapter to immediately extinguish and properly dispose of smoking materials.
C. No person shall intimidate, threaten, effect a reprisal or retaliate against another person
who seeks to attain compliance with one or more of this chapter's provisions.
9.24.090 Signs
Notwithstanding this provision, the presence or absence of signs shall not be a defense to
the violation of any other provision of this chapter.
A. "No Smoking" or "Smoke Free" signs, with letters of not less than one inch in height
or the international "No Smoking" symbol (consisting of a pictorial representation of a burning
cigarette enclosed in a red circle with a red bar across it) or any alternative signage approved by
the Public Services Director must be conspicuously posted by the person, employer, business or
nonprofit entity who or which has legal or de facto control of such place at each entrance to a
public place in which smoking is prohibited by this chapter or any other place where the Public
Services Director reasonably determines that smoking in violation of this chapter has occurred,
or is likely to occur.
B. Within designated smoking areas, one or more conspicuously displayed sign(s) shall
be posted identifying the area as a smokers' outpost pursuant to section 9.24.060 of this code as
follows: signs with arrows directing the public to the smoking area may be allowed; signs shall
be no smaller than three (3) inches high and eight (8) inches long with a pictorial representation
of a burning cigarette; signs shall contain "Designated Smoking Area" and shall be posted
prominently between five (5) feet and seven (7) feet above the floor or ground; and all signs are
subject to approval by the Public Services Director.
C. Every hotel and motel shall have signs posted conspicuously in the registration and
lobby areas which state that nonsmoking rooms are maintained and may be available; rooms
designated as being nonsmoking shall have signs announcing such restriction conspicuously
placed inside the room.
D. No person shall alter, deface, obscure, remove or destroy a sign or placard that this
chapter authorizes.
9.24.100 Disposal of smoking waste.
No person shall dispose of any cigarette, cigar or tobacco, or any part of a cigarette or
cigar, in any place where smoking is prohibited under this Chapter, except in a designated waste
disposal container.
Page 6 of 8
9.24.110 Fires on City Beaches
No person shall build, light or maintain any fire on any City Beach except in designated
containers or areas approved by the City.
9.24.120 Enforcement and Penalties.
A. A violation of this Section is an infraction.
B. Punishment under this Section shall not preclude punishment pursuant to Health &
Safety Code Section 13002, Penal Code Section 374.4, or any other law proscribing the act of
littering. Nothing in this Section shall preclude any person from seeking any other remedies,
penalties or procedures provided by law.
9.24.130 Public education --Purposes of chapter.
The code compliance officer, in conjunction and coordination with the county health
officer of the County of San Luis Obispo and, where feasible, appropriate health or safety
oriented community -based organizations and coalitions, shall engage in a continuing program to
explain and clarify the purposes of the provisions of the chapter to citizens affected by it, and to
guide business owners, operators and managers in their compliance with it.
9.24.140 Governmental cooperation.
The City Manager shall request all governmental and educational agencies which
maintain an office within the City to establish local operating procedures to cooperate and
comply with this chapter.
9.24.150 Other laws.
The provisions of this chapter shall not be interpreted or construed to permit smoking
where it is otherwise restricted by other applicable laws. Further, it is not the intent of the
provisions of this chapter to regulate smoking where such regulation has been preempted by the
state.
This Ordinance shall take effect and be in force thirty (30) days from the date of its
passage, and before the expiration of fifteen (15) days after its passage, it, or a summary of it,
shall be published once, with the names of the City Council members voting for and against the
same, in a newspaper of general circulation published in the City of Morro Bay.
INTRODUCED at a regular meeting of the City Council of the City of Morro Bay held
on the 10th day of April, 2012 by motion of Councilmember Johnson, seconded by
Councilmember Borchard.
Page 7 of 8
PASSED, APPROVED AND ADOPTED by the City Council of the City of Morro Bay
on the 24t" day of April, 2012 by the following vote:
AYES:
Borchard, Johnson, Smukler
NOES:
Leage, Yates
ABSENT:
None
ABSTAIN:
None
IV IE BOUCHER, City Cler.q
APPROVED AS TO FORM:
ROBERT SCHTJLT7-, City Attorney
WILLIAM YATES,
Page 8 of 8
AN ORDINANCE OF THE C
ANNOUNCING FINDINGS AND ADOPTING
MUNICIPAL CODE TO ESTABLISH PROVIS
SECONDARY DWELLING UNITS AND
SINGLE FAMILY HOMES Al
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Case No. AOO-O 13 (Local Coastal Plan
WHEREAS, it is the purpose of the Zoni
establish a precise and detailed plan for the use of
and
WHEREAS, California State Law §65852.2 requires Cities to establish standards to
allow for ministerial secondary dwelling units so as to increase the supply of smaller, affordable
housing while ensuring that they remain compatible with the existing neighborhood; and
WHEREAS, the proposed amendments meet the intent of the State Law by providing for
an option to build a secondary dwelling unit or guest house in all zones that permit single family
dwellings and have no more than one single family home existing on the property; and
WHEREAS, it is important to have clear, consistent, easy to use regulations within the
Zoning Ordinance; and
WHEREAS, the Planning Commission of the City of Morro Bay, on December 7, 2011
after a duly noticed PUBLIC HEARING, did forward a recommendation, by adoption of
Planning Commission Resolution No. 01-11 that the City Council amend Title 17 (Zoning
Ordinance) to comply with the State legislation (AB 1866) as contained in attached Exhibit "A";
and
WHEREAS, on the 13ffi day of March 2012, the City Council of the City of Morro Bay
did hold a duly noticed PUBLIC HEARING to consider the amendment regulating Secondary
Unit and Guesthouse as contained in attached Exhibit "A" and
WHEREAS, the City Council finds that a Negative Declaration was prepared to evaluate
the environmental impacts of the proposed Ordinance amendments, and determined that no
significant impacts would result from the adoption of these amendments; and
1
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:
l . The Zoning Ordinance Amendment proposal is consistent with the State Statute AB 1866
and includes similar language, which was previously in effect.
2. The proposed Zoning Ordinance Amendments will not be injurious or detrimental to the
health, safety, comfort, general welfare or well-being of the persons residing or working in the
neighborhood.
3 . That the proposed amendment is in general conformance with the City's General Plan
and Local Coastal Plan.
NOW, THEREFORE BE IT ORDAINED, by the City Council of the City if Morro
Bay, California, as follows:
SECTION 1: Title 17 of Morro Bay Municipal Code (Zoning Ordinance) is amended as
contained in Exhibit "A", attached hereto and made a part of this Ordinance:
SECTION 2: To implement the amendment adopted herein, the City Council of the City of
Morro Bay, California, hereby directs as follows:
1. That the above recitations are true and correct and constitute the findings of the Council
in this matter; 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. Pursuant to Section 17.64.080 no amendment to Title 17 shall be legally effective in the
coastal zone until the amendment is certified by the Coastal Commission.
SECTION 3: If any section, subsection, sentence, clause or phrase of this ordinance is for any
reason declared to be unconstitutional and invalid, such decision shall not affect the validity of
the remaining portion of this ordinance. The City Council hereby declares that it would have
passed this ordinance and every section, subsection, sentence, clause or phrase thereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases
be declared unconstitutional or invalid.
SECTION 4: This Ordinance amending the Zoning Code shall not become effective until final
certification by the California Coastal Commission. Within fifteen (15) days after adoption by
2
the City Council, the Ordinance shall be published once, together with the names of the Council
Members voting thereon, in a newspaper of general circulation within the City.
INTRODUCED at the regular meeting of the City Council held on the 13'b day of March 2012,
by motion of Councilmember Borchard and seconded by Councilmember Johnson.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on
the 27h day of March 2012 by the following vote to wit:
AYES:
Borchard, Johnson, Leage, Yates
NOES:
Smukler
ABSTAIN:
None
ABSENT:
None
ATTEST:
Ja e Boucher, City Clerk
CivVy"of Morro Bay
ROBERTW. SCHUZ, Esq.
City Attorney
3
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William Yates, M '
City of Morro Bar—O.r.
EXHIBIT "A"
17.48.320 SECONDARY UNITS
The purpose of this Section is to provide affordable low- and moderate -income housing. The
following supplemental regulations are intended to comply with government Code Sections
65852.150 and 65852.2 on second units and implement the general plan, by allowing second
units in all R districts subject to the following requirements. Nothing in Government Code
Sections 65852.2 or 65852.150 shall be construed to supersede or in any way alter or lessen the effect
or application of the California Coastal Act except that the local government shall not be required to
hold public hearings for coastal development permit applications for second units." (Government
Code Section 65852.20)) Noticing for interested parties and those properties within 100 feet of the
second unit property will be required. Approvals of second units in the appealable zone will continue
to be appealable to the Coastal Commission.
A. Location
Said unit may be located, as an accessory use, on any lot zoned for single-family or
multi -family uses in accordance with the District Tables in Chapter 17.24 where a
primary residential use has been previously established or proposed to be established in
conjunction with said unit. Only one -second unit or one guesthouse is permitted per one
primary single family dwelling on the same lot:
B. Lot Coverage
Maximum lot coverage allowed for the District that they, are located
C. Design
Said unit shall be consistent and/or reasonably compatible with the architectural style of
the main residence and the neighborhood, and shall be located on the same lot as the
primary residence.
D. Size
The total floor area, not including a garage, for a detached secondary unit shall not
exceed 1,200 square feet as per State guidelines. The increased floor area of an attached
second unit shall not exceed 30 percent of the existing living area.
E. Parking
A minimum of one additional parking space per bedroom, not to exceed two spaces, shall
be provided. The parking space can be open and uncovered, however may not be in
tandem with the required parking of the principal dwelling unit but can be located in
setbacks areas and in tandem if both spaces are for the secondary unit. The principal
dwelling unit must conform to the parking requirements of Chapter 17.44 "Off -Street
Parking and Loading:"
F. Compliance with Title 14
A secondary unit shall be in conformance with all applicable provisions of Title 14 of the
Morro Bay Municipal Code in addition to the applicable requirements for height, setback,
lot coverage, etc. pursuant to the provisions of Chapter 17.24.
17.12.545 Secondary Dwelling Unit.
"Secondary dwelling unit" means an attached or detached residential dwelling unit, which
provides complete independent living facilities for one or more persons. It shall include
permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as
the primary dwelling. This term also means "second unit" for the purposes of Sections
65852.150 and 65852.2 of the California Government Code.
17.44.020.C. e.iii. Secondary Dwelling Unit. In accordance with the provision of Section
1748.320(E) of this title.
17.48.315 GUESTHOUSES/QUARTERS AND ACCESSORY LIVING AREAS
Where provided by this Title, guesthouses/quarters and habitable structures for accessory living
area may be permitted in conjunction with a dwelling unit, subject to these further requirements:
A. Guesthouse Restrictions
A guesthouse shall not contain more than six hundred forty (640) square feet of habitable
floor area containing not more than one bedroom and bathroom nor shall it exceed thirty
(30) percent of the floor area of the main residence, and no cooking or food preparation
or food storage facilities shall be provided.
B. Location.
Guesthouses may be established on any lot in any R or AG district where a primary
single-family dwelling has been previously established or is proposed to be established in
conjunction with construction of a guesthouse. Only one -guesthouse or second unit is
permitted per one primary single-family dwelling on the same lot.