HomeMy WebLinkAboutOrdinance 654 Zoning Code AdoptionORDINANCE NO.654
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA,
REPEALING AND REPLACING TITLE 17 (ZONING), AND MISCELLANEOUS
AMENDMENTS TO UPDATE ZONING LANGUAGE REFERENCES IN PAGE 5-3 OF
THE WATERFRONT MASTER PLAN AND CHAPTERS 5.50, 5.60, 7.16, 8.32, 9.28,
10.60, 12.08, 12.12, 13.04, 13.20, 14.44, 14.42, 16.36, 16.40, AND 16.48 OF THE
MORRO BAY MUNICIPAL CODE
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, duly noticed public hearings for the Zoning Code / Coastal Implementation
Plan (IP) Update of Plan Morro Bay were held by Planning Commission on August 16, 2022,
September 6, 2022, September 20, 2022; and
WHEREAS, the Planning Commission of the City of Morro Bay conducted a hybrid public
hearing both in -person at 209 Surf Street, Morro Bay, and via video conference on September
20, 2022 for the purpose of considering a favorable recommendation to the Morro Bay City
Council for adoption of the Zoning Code Update as part of the Plan Morro Bay project, and
forwarded a favorable recommendation with adoption of Planning Commission 08-22; and
WHEREAS, pursuant to State CEQA guidelines, a Program Environmental Impact Report
(EIR) for the Plan Morro Bay project was prepared, released for a 45-day public review process
on October 19, 2020 to December 4, 2020 and certified by the City Council on May 25, 2021
(State Clearinghouse number 2021111026); and
WHEREAS, the proposed Zoning Code / Coastal Implementation Plan update project
implements the General Plan/ Local Coastal Plan (LCP) Coastal Land Use Plan which was
considered through a programmatic EIR review and that document provides a programmatic
review of the potential impacts associated with implementation of the overall Plan Morro Bay
project; and
WHEREAS, State CEQA Guidelines Section 15162 provides that no further review is
required under CEQA when there are no substantial changes in the Project, and there are no
substantial changes with respect to the circumstances under which the Project is undertaken, and
there is no new information of substantial importance, which was not known and could not have
been known at the time of certification of the EIR; and
WHEREAS, the proposed Zoning Code/ IP Update Amendment is consistent with and
implements the General Plan / LCP Coastal Land Use Plan and is consistent with the analysis
presented in the EIR and therefore, pursuant to State CEQA Guidelines Section 15162, no
subsequent analysis is required; and
WHEREAS, upon adoption of the Zoning Code / IP, certain miscellaneous amendments
will be required in both the 1996 Waterfront Master Plan adopted by Council Resolution 43-96
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and several other Municipal Code amendments to update Zoning language references for
consistency; and
WHEREAS, the City Council of the City of Morro Bay (the "City") conducted a hybrid public
hearing both in -person at the Morro Bay Veteran's Hall at 209 Surf Street and via video
conference on October 25, 2022, for the purpose of considering the favorable recommendation
by the Planning Commission and for purposes of adoption of the Zoning Code / Coastal
Implementation Plan (IP) Update of Plan Morro Bay and finding that no further environmental
review is necessary pursuant to CEQA State Guidelines Section 15162; and
WHEREAS, the City Council of the City of Morro Bay (the "City") conducted a hybrid
meeting both in -person at the Morro Bay Veteran's Hall at 209 Surf Street and via video
conference on November 22, 2022, to adopt Ordinance 654 by second reading and by title only
with further reading waived, and direct staff to submit an application for Local Coastal Program
(LCP) amendment to the California Coastal Commission for certification; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY DOES
ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of Morro Bay finds:
A. The above referenced recitals are true and correct and material to the adoption
of this Ordinance and are incorporated herein by reference.
B. The proposed Zoning Ordinance 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.
C. The Local Coastal Plan Implementation Plan Amendments are intended to further
the goals of the California Coastal Act, as set forth in Section 30001.5 of the Public Resources
Code, to:
1. Protect, maintain, and where feasible, enhance and restore the overall quality of
the coastal zone environment and its natural and artificial resources.
2. Assure orderly, balanced utilization and conservation of coastal zone resources
taking into account the social and economic needs of the people of the state.
3. Maximize public access to and along the coast and maximize public recreational
opportunities in the coastal zone consistent with sound resources conservation principles and
constitutionally protected rights of private property owners.
4. Assure priority for coastal -dependent and coastal -related development over other
development on the coast.
5. Encourage state and local initiatives and cooperation in preparing procedures to
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implement coordinated planning and development for mutually beneficial uses, including
educational uses, in the coastal zone.
D. Pursuant to Morro Bay Municipal Code Section 17.64.080, no amendment to the
Zoning Ordinance shall be legally effective in the coastal zone until the amendment is certified
by the Coastal Commission. If the Coastal Commission certifies this Ordinance conditioned on
substantive changes being made, then the Council will consider the introduction and adoption of
another ordinance to incorporate those substantive changes. If the Coastal Commission certifies
this Ordinance conditioned on non -substantive changes being made to this Ordinance, then the
City Clerk is authorized to amend this Ordinance to reflect those non -substantive changes.
SECTION 2. Title 17 (Zoning) of the Morro Bay Municipal Code is hereby repealed in its entirety
upon both final certification by the California Coastal Commission, as well as the effective date
as an operation of law, of a new Title 17 of the Morro Bay Municipal Code, in a form substantially
similar to the Zoning Code / IP located on the City's Plan Morro Bay website
www.morrobayca.gov/planmb with the Zoning Code/IP document specifically located at
http://morrobayca.gov/DocumentCenter/View/17256/2022-Zoning-Code IP and the Zoning Map
specifically located at http://morrobayca.gov/DocumentCenterNiew/17002/Proposed-Zoning-
Map-Update. Non-substantive/typographical changes to the Zoning Code replacement at
www.morrobayca.gov/planmb may be authorized by the City Attorney; no material changes
beyond typographical corrections may be made prior to second reading.
SECTION 3. Section 5.50.120.C.1 of the Morro Bay Municipal Code is amended to read as
follows:
C. Location Restrictions.
1. No retail operation shall locate or operate in any zone of the city of Morro Bay, other
than in the community commercial (CC) district, the district commercial (DC) district, or
the industrial -general IG) district.
SECTION 4. Section 5.50.130.C.1 of the Morro Bay Municipal Code is amended to read as
follows:
C. Location Restrictions.
1. No distribution operation shall locate or operate in any zone of the city of Morro
Bay, other than in the community commercial (CC) district, the district commercial
(DC) district, or the industrial -general IG) district.
SECTION 5. Section 5.60.010.H of the Morro Bay Municipal Code is amended to read as follows:
H. "Residential district" means any area zoned as a Residential District in Title 17 of the
municipal code or any other area with exclusively residential uses.
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SECTION 6. Section 7.16.040.A of the Morro Bay Municipal Code is amended to read as follows:
A. Except as otherwise permitted in this chapter, no person shall own, keep, maintain, stake or
pasture any bovine, swine, sheep, goat, horse or other livestock upon any premises in the
city unless the lot or parcel size is a minimum twenty thousand square feet or, the parcel is
in a properly zoned agricultural district in which case the number of animals shall not exceed
the maximum density allowed for such animals pursuant to Section 17.30.060 of this code.
SECTION 7. Section 8.32.180 of the Morro Bay Municipal Code is amended to read as follows:
Filming shall not be permitted under any circumstances in any environmentally sensitive
habitat as identified pursuant to Section 17.14.080 of this code.
SECTION 8. Section 9.28.030 of the Morro Bay Municipal Code is amended to read as follows:
The following acts, among others, are declared to be loud, disturbing, and unnecessary
noises in violation of this section, but said enumeration shall not be deemed to be exclusive,
namely:
A. Horns, Signaling Devices, Etc. The sounding of any horn or signaling device on any
automobile, motorcycle, or other vehicle on any street or public place of the city except as a
danger warning; the creation by means of any such signaling device of any unreasonably
loud or harsh sound; and the sounding of any such device for an unnecessary and
unreasonable period of time. The use of any signaling device except one operated by hand
or electricity; the use of any horn, whistle or other device operated by engine exhaust; and
the use of any such signaling device when traffic is for any reason held up.
B. Radios, Phonographs, Etc. The using, operating, or permitting to be played, used or operated
any radio receiving set, television set, musical instrument, phonograph or other machine or
device for the producing or reproducing of sound in such a manner as to disturb the peace,
quiet, and comfort of the neighboring inhabitants or at any time with louder volume than is
necessary for convenient hearing for the person or persons who are in the room, vehicle or
chamber in which such machine or device is operating and who are voluntary listeners
thereto. The operation of any such set, instrument, phonograph, machine, or device between
the hours of seven p.m. and seven a.m. in a residential district or between two a.m. and
seven a.m. in a nonresidential district in such a manner as to be plainly audible at a distance
of fifty feet from the building, structure, or vehicle in which it is located shall be prima facie
evidence of a violation of this section.
C. Live Music. Amplified music, being performed by any live band of two or more persons or by
any solo performer between the hours of seven p.m. and seven a.m. in a residential district
or between two a.m. and seven a.m. in a nonresidential district, in such a manner as to be
plainly audible at a distance of fifty feet from the building or structure in which it is located
shall be prima facie evidence of a violation of this section.
D. Loud Speakers, Amplifiers for Advertising. The using, operating, or permitting to be played,
used, or operated of any radio receiving set, musical instrument, phonograph, loudspeaker,
sound amplifier, or other machine or device for the producing or reproducing of sound which
is cast upon the public streets for the purpose of commercial advertising or attracting the
attention of the public to any building or structure for commercial purposes.
E. Yelling, Shouting, Etc. Yelling, shouting, hooting, whistling, or singing on the public streets
between the hours of two a.m. and seven a.m. in a nonresidential district or at any place in
a residential district between the hours of seven p.m. and seven a.m. for an unnecessary,
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unreasonable period of time so as to annoy or disturb the quiet, comfort or repose of persons
in any dwelling, hotel or other type of residence or of any persons in the vicinity.
F. Steam Whistles. The blowing of any locomotive steam whistle or steam whistle attached to
any stationary boiler except to give notice of the time to begin or stop work or as a warning
of fire or danger, or upon request of proper city authorities.
G. Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary
internal combustion engine, motor boat, or motor vehicle except through a muffler or other
device which will effectively prevent loud or explosive noises therefrom.
H. Loading, Unloading, Opening Boxes. The creation of a loud and excessive noise in
connection with loading or unloading any vehicle or the opening and destruction of bales,
boxes, crates, and containers.
I. Construction or Repairing of Buildings. The erection (including excavating), demolition,
alteration or repair of any building or general land grading and contour activity using
equipment in such a manner as to be plainly audible at a distance of fifty feet from the building
other than between the hours of seven a.m. and seven p.m. on weekdays and eight a.m.
and seven p.m. on weekends except in case of urgent necessity in the interest of public
health and safety, and then only with a permit from the community development department,
which permit may be granted for a period not to exceed three days or less while the
emergency continues and which permit may be renewed for a period of three days or less
while the emergency continues. If the building inspector should determine that the public
health and safety will not be impaired by the erection, demolition, alteration and repair of any
building or the excavation of streets and highways within the hours of seven p.m. and seven
a.m. on weekdays and seven p.m. and eight a.m. on weekends and if he further determines
that loss or inconvenience would result to any party in interest, he may grant permission for
such work to be done within the hours of seven p.m. and seven a.m. on weekdays and seven
p.m. and eight a.m. on weekends upon application being made at the time the permit for the
work is awarded or during the progress of the work.
J. Schools, Courts, Churches, and Hospitals. The creation of any excessive noise other than
that resulting from construction or excavation work on any street adjacent to any school,
institution of learning, church or court while the same are in use, or adjacent to any hospital,
which unreasonably interferes with the workings of such institution, or which disturbs or
unduly annoys patients in the hospital, provided conspicuous signs are displayed in such
streets indicating that the same is a school, hospital or court street.
K. Pile Drivers, Hammers, Etc. The operation between the hours of seven p.m. and seven a.m.
of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other
appliance, the use of which is attended by loud or unusual noise except in case of urgent
necessity in the interest of public health and safety, and then only with a permit from the
building inspector or the director of public services authorizing such devices to be operated
during the otherwise prohibited hours while the emergency continues.
L. Blowers and Motor -driven Cycles. The operating of any noise -creating blower or power fan
or any cycle powered by an internal combustion engine, the operation of which causes noise
due to the explosion of operating gases or fluids, unless the noise from such blower or fan
is properly muffled and such engine is equipped with a muffler device sufficient to reduce
such noise to a level which will not disturb the surrounding neighborhood. The noise limits
set forth in Section 23130 of the California Vehicle Code shall be deemed to be the applicable
standard for noise emissions; provided, however, the basis for measuring such limits for
devices operated on private property shall be a distance of fifty feet from the property line of
the parcel of real property on which the device is located or where the neighboring property
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is lawfully devoted to residential complies with the required yard setbacks as established in
the zoning regulations for the applicable district.
SECTION 9. Section 10.60.020 of the Morro Bay Municipal Code is amended to read as follows:
At intersections not controlled by a stop sign or traffic signal, no plant, structure, or other
solid object over three feet high (above adjacent curb) which would obstruct visibility may be
located within the area indicated in Section 17.23.180 of the zoning regulations. At controlled
intersections, the city engineer may determine visibility requirements for proper sight distance.
SECTION 10. Section 12.08.080 of the Morro Bay Municipal Code is amended to read as follows:
Any person aggrieved by the determination of the public works director may file an appeal to
the planning commission following the payment of the applicable fee. A public hearing shall be
held following public notice of property owners within three hundred feet per Section 17.36.060.
Said public notice shall also include posting of the subject tree(s) with two placards that are clearly
visible indicating the purpose, time, date, and location of the hearing.
The appellant shall submit a report prepared by a certified arborist or landscape architect
describing the condition of the tree(s) and the reason(s) for the removal of the tree(s) from the
public right-of-way. Trees shall not be removed solely for the preservation of private views.
A tree(s) shall not be removed unless authorized by the proper review authority within the
scope of a construction project. Said removal shall be appropriately mitigated on a not less than
two -to -one tree replacement. Said tree(s) shall be maintained in a healthy, live condition for a
period of five years.
Following the public hearing, the planning commission shall grant or deny the appeal. The
granting of the appeal by the planning commission may be subject to conditions deemed
appropriate to mitigate the impacts to the community and neighborhood due to the removal of the
tree(s). Any person aggrieved by the decision of the planning commission may file an appeal to
the city council. The city council shall then conduct a public hearing under the same provisions
as stated above.
SECTION 11. Section 12.12.060.E.2 of the Morro Bay Municipal Code is amended to read as
follows:
2. Appeals on Major WTFPs shall proceed as provided in accordance with the appeal
provisions in Title 17 of the Municipal Code, Sections 17.36.130 (Appeals). The
appellate authority may hear the appeal de novo.
SECTION 12. Section 13.04.020.K of the Morro Bay Municipal Code is amended to read as
follows:
K. Licensed Health Care Facility. "Licensed health care facility" means, for the sole and
exclusive purpose of this chapter, any facility meeting the definition of a "health facility"
set forth in Section 1250 of the state of California Health and Safety Code. This definition
shall also include any "residential care facility" as defined under Section 1502(a)(1) of
the state of California Health and Safety Code so long as all of these facilities are
located on the same property, are under common ownership and are served by the
same water meter or meters as a "health care facility" as defined by Health and Safety
Code Section 1250.
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SECTION 13. Section 13.20.080.B.5 of the Morro Bay Municipal Code is amended to read as
follows:
5. Family day care homes, as defined in Section 17.53.010 of this code, as may be
amended.
SECTION 14. Sections 14.44.020.A and B of the Morro Bay Municipal Code are amended to read
as follows:
Property owners and/or applicants for development permits shall at their own expense
design, construct and install frontage improvements consisting of curb, gutters, thru-curb drains,
sidewalks, street, and street trees along the entire frontage of the subject property and/or shall
correct existing deficiencies in them pursuant to the following provisions:
A. Such improvements shall be constructed by owner/applicant on all properties within
commercial and mixed -use, industrial, residential medium density (RM), or residential
high density (RH) districts within the city.
B. Sidewalk improvements shall not be required for properties within the residential low
density (RL) or residential single unit (IRS) districts on which a single-family home is
being constructed or altered.
SECTION 15. Section 14.42.060.A of the Morro Bay Municipal Code is amended to read as
follows:
A. The building division shall adopt an administrative, nondiscretionary review process for the
department to expedite approval of small residential rooftop solar energy systems within
thirty days of the adoption on this chapter. The department shall issue a building permit or
other nondiscretionary permit the same day for over-the-counter applications or within three
business days for electronic applications of receipt of a complete application and meets the
requirements of the approved checklist and city standard plan. The building official may
require an applicant to apply for a use permit if the official finds, based on substantial
evidence, that the solar energy system could have a specific, adverse impact upon the public
health and safety. Such decisions may be appealed to the city planning commission per
Section 17.36.130 of this code, except references to "director" shall instead refer to the
"building official."
SECTION 16. Section 14.42.060.0 of the Morro Bay Municipal Code is amended to read as
follows:
C. If a use permit is required, the building official may deny an application for the use permit if
the official makes written findings based upon substantive evidence in the record that the
proposed installation would have a specific, adverse impact upon public health or safety and
there is no feasible method to satisfactorily mitigate or avoid, as defined, the adverse impact.
Such findings shall include the basis for the rejection of the potential feasible alternative for
preventing the adverse impact. Such decisions may be appealed to the city planning
commission per Section 17.36.130 of this code, except references to "director" shall instead
refer to the "building official."
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SECTION 17. Section 16.36.010 of the Morro Bay Municipal Code is amended to read as follows:
The layout of streets and lots within a subdivision shall be consistent with the densities and
types of uses authorized by the general plan, specific plans, and zoning. The subdivision design
shall also recognize the physical conditions of the site, such as slope, soil types, and adjacent
land use, which may further limit uses of the property. The subdivider must simultaneously
consider such factors as terrain, development objectives, and options available under these
regulations in order to design a subdivision which best meets the needs of those who will occupy
it as well as the community as a whole.
The subdivider must also consider the IRS district is intended to provide a single -unit
residential area free of disturbing noises, excessive traffic, and hazards created by moving
automobiles. The IRS district is designed to prevent burdens on the public facilities, including
sewer, water, electricity and schools by an influx and increase of people to a degree larger than
the city's limits, tax base or financial capabilities can reasonably and responsibly accommodate.
The IRS district affords protection from deleterious environmental effects and serves to maintain
and protect the existing character of the residential neighborhood.
SECTION 18. Section 16.36.050.A of the Morro Bay Municipal Code is amended to read as
follows:
A. In general, subdivisions shall be designed to be compatible with existing lots, residences,
and zoning in their vicinity. Subdivisions are to be built, to the extent possible, to foster the
appearance of neighborhoods with houses facing one another across public streets,
cottage designs and garden courts. Except as otherwise allowed pursuant to State law or
any other part of this code, minimum lot sizes shall be as established in the tables below
for the underlying zoning district for which a subdivision or other action pursuant to this
Title is proposed.
Minimum Lot Size by District
Zoning
Lot size - s . ft.
RL
5,000
AG
20,000
IRS
5,000
RM
5,000
RH
5,000
All Commercial and Mixed -Use and Industrial
Zones
6,000
SECTION 19. Chapter 16.40 of the Morro Bay Municipal Code, Compact In -Fill Developments is
deleted in its entirety.
SECTION 20. Section 16.48.030 of the Morro Bay Municipal Code is amended to read as follows:
The procedures and standards contained in this chapter shall govern all condominium and
conversion projects. Commercial and industrial condominium projects may be exempt from the
provisions intended to govern residential living units. Detached residential condominium projects
shall be subject to the same criteria for Small Lot Single -Unit Development, Section 17.07.040.D.
SECTION 21. CEQA Findings. Pursuant to State CEQA guidelines, a Program EIR for the Plan
Morro Bay project was prepared, released for a 45-day public review process on October 19,
2020 to December 4, 2020 and certified by the City Council on May 25, 2021 (State Clearinghouse
number 2021111026). The proposed Zoning Code / Coastal Implementation Plan update project
implements the General Plan/ LCP which was considered through the programmatic EIR review
referenced above. That document provides a programmatic review of the potential impacts
associated with implementation of the overall Plan Morro Bay project. State CEQA Guidelines
Section 15162 provides that no further review is required under CEQA when there are no
substantial changes in the Project, there are no substantial changes with respect to the
circumstances under which the Project is undertaken, and there is no new information of
substantial importance, which was not known and could not have been known at the time of
certification of the EIR. The proposed Zoning Code/ IP Update Amendment is consistent with and
implements the General Plan/ LCP Coastal Land Use Plan and is consistent with the analysis
presented in the EIR and therefore, pursuant to State CEQA Guidelines Section 15162, no
subsequent analysis is required.
SECTION 22. Severability. If any section, subsection, phrase, or clause of this ordinance or any
part thereof is for any reason held to be unconstitutional or otherwise unenforceable, such
decision shall not affect the validity of the remaining portions of this ordinance or any part thereof.
The City Council hereby declares that it would have passed this ordinance and each section,
subsection, phrase or clause thereof irrespective of the fact that any one or more sections,
subsections, phrases, or clauses be declared unconstitutional or otherwise unenforceable.
SECTION 23. Effective Date. This Ordinance shall take effect 30 days after its adoption and upon
certification required as an operation of law.
SECTION 24. Certification. The City Clerk shall certify as to the passage and adoption of this
Ordinance and shall cause the same to be posted as the designated locations in the City of Morro
Bay.
INTRODUCED at a regular meeting of the City Council held on the 25T" day of October
2022, by motion of Mayor Headding and seconded by Council Member Addis.
PASSED AND ADOPTED on the 2211 day of November, 2022, by the following vote:
AYES:
Headding, Addis, Barton, Ford
NOES:
None
ABSENT:
Heller
ABSTAIN:
None
RECUSE:
None
ATTEST:
:ii2�Q 611�3�
DAKWSWAIITSON, City Clerk
APPROVED AS TO FORM:
Chn S
CHRIS F. N UMEYER City Atto ey
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STATE OF CALIFORNIA
COUNTY OF SAN LUIS OBISPO
CITY OF MORRO BAY
I, Dana Swanson, City Clerk for the City of Morro Bay, California, do hereby certify that
the foregoing Ordinance No. 654 was duly passed and adopted by the City Council of the City of
Morro Bay at the regular meeting thereof, held on the 22"d day of November 2022, by the following
vote:
AYES:
Headding, Addis, Barton, Ford
NOES:
None
ABSENT:
Heller
ABSTAIN:
None
RECUSED:
None
IN WITNESS WHEREOF I have hereunto set m hand and affixed the official seal of the
City of Morro Bay, California, this 224`- day of f 2022.
NA SWANSON, City Clerk
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