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HomeMy WebLinkAboutOrdinances 257 - 342NUMBER 333 ORDINANCES TITLE ADOPTED 10 -24 -88 ORDINANCE AMENDING SECTION 2.36.010 OF THE MBMC; PEACE OFFICER STANDARDS & TRAINING° 334 ORDINANCE AUTHORIZING AMENDMENT TO CONTRACT BETWEEN CITY 11 -14 -88 & PERS 335 ORDINANCE AMENDING FORMAL CONTRACT PROCEDURES (BIDDING) 10 -24 -88 336 ORDINANCE AMENDING SECTIONS 13.04.330 & 13.04.340 OF THE MBMC & ADOPTING REVISED MANDATORY WATER CONSERVATION MEASURES 10 -10 -88 337 ORDINANCE ANNOUNCING FINDINGS & APPROVING AMENDMENT TO SECTION 17.44 OF THE MBMC TO PROVIDE FOR CITY ACCEPTANCE OF IN -LIEU PARKING FEES 10 -24 -88 338 ORDINANCE ANNOUNCING FINDINGS & ADOPTING AMENDMENTS TO LCP IMPLEMENTATION PROGRAM (ZONING ORDINANCE) TEXT & MAP WITHIN PLANNING AREA 2 10 -24 -88 339 VOID' 340 ORDINANCE AMENDING VARIOUS SECTIONS OF TITLE 5 OF MBMC RELATING TO BUSINESS LICENSE TAX RATES & TO AUTHORIZE AUTOMATIC ANNUAL ADJUSTMENTS (MEASURE A, 11/88 ELECTION) 11 -08 -88 341 INITIATIVE ORDINANCE TO AMEND GENERAL PLAN - PINEY WAY VILLAGE PROPERTY (MEASURE D, 11/88 ELECTION) 11 -08 -88 342 INITIATIVE ORDINANCE TO AMEND GENERAL PLAN - GAZEBO IN CITY PARK (MEASURE E, 11/88 ELECTION) 11 -08 -88 NUMBER 314 . 315 ORDINANCES TITLE TEMPORARY SIDEWALK SALES & DISPLAY ORDINANCE ORDINANCE ESTABLISHING A SELF - INSPECTION FIRE SAFETY PROGRAM 316 ORDINANCE AMENDING SECTION 17.50, ZONING ORDINANCE, AFFORDABLE HOUSING DENSITY BOUNUSES & INCENTIVES 317 ORDINANCE PROHIBITING PUBLIC NUDITY 318 URGENCY ZONING ORDINANCE ADOPTING A TIME EXTENSION FOR INTERIM URGENCY ZONING ORDINANCE NOS. 301 & 304 FOR THE AREAS GENERALLY COVERING PLANNING AREAS 2 & 5 OF THE LOCAL COASTAL PROGRAM 319 320 321 322 323 324 325 326 327 328 VOID VOID ORDINANCE AMENDING ORDINANCE NO. 67 SECTION 13, ORDINANCE NO. 17 SECTION 1 (PART) & MBMC SECTION 12.04.010; IMPROVEMENTS TO CONFORM TO STANDARDS VOID VOID ORDINANCE AMENDING TITLE 17 OF MBMC SECTIONS 17.32.090 & 17.40.030(E) & OFFICIAL ZONING MAP - MEASURE B WILLIAMS BROTHERS ORDINANCE CREATING A MASTER FEE SCHEDULE VOID ADOPTED 11 -23 -87 12 -14 -87 12 -14 -87 01 -25 -88 02 -08 -88 04 -11 -88 05 -09 -88 05 -23 -88 ORDINANCE ADDING SECTIONS TO CHAPTER 9 OF MBMC PROHIBITING THE CONSUMPTION OR POSSESSION OF ALCOHOLIC BEVERAGES IN CERTAIN PUBLIC PLACES VOID 329 ORDINANCE REPEALING CERTAIN SECTIONS OF TITLE 15, MBMC, HARBOR AND OCEAN REGULATIONS, TO ELIMINATE THE DESIGNA- TION & REGULATION OF SPECIAL USE AREAS FOR SWIMMING, SKIN DIVING, & SURFING 330 ORDINANCE AMENDING & EXTENDING SIDEWALK SALES & DISPLAY ORDINANCE 331 VOID 332 INKL S \ 6l 9 09 -12 -88 09 -12 -88 09 -26 -88 NUMBER 302 ORDINANCES TITLE DATE ADOPTED ORDINANCE AMENDING CHAPTER 5.28 OF THE MBMC SPECIFICALLY CHANGING THE NUMBER OF MEMBERS OF THE TV FRANCHISE & SERVICES BOARD 3 -23 -87 303 ORDINANCE AMENDING CHAPTER 2.04 & CHAPTER 2.08 OF THE MBMC ALTERING COUNCIL MEETINGS 5 -11 -87 304 AN URGENCY ZONING ORDINANCE ADOPTING A TIME EXTENSION FOR AN INTERIM URGENCY ZONING ORDINANCE NO. 301 FOR THE AREAS GENERALLY COVERING PLANNING AREAS 2 AND 51OF THE LOCAL COASTAL PROGRAM (VRM PROPERTY) 3 -23 -87 ORDER & PERMANENT INJUCTION RE; ORDINANCE NO.41,19t; MOBILEHOME & RECREATIONAL VEHICLE PARK RENT STABILIZATION 6 -22 -87 305 ORDINANCE AMENDING MBMC SECTION 13.20.080, BUILDING LIMITATION, TO REQUIRE ONLY ONE ANNUAL WATER RETROFIT PROGRAM REPORT 07 -13 -87 306 ORDINANCE REPEALING ORD. 172 & ORD. 216 & ENACTING NEW MUNICIPAL CODE SECTION 14.72, FLOOD DAMAGE PREVENTION 307 ORDINANCE AMENDING TITLE 17 OF THE MBMC, SECTION 17.49.070, HOUSING SHORTAGE 08 -24 -87 10 -12 -87 308 ORDINANCE REVISING ORDINANCE 116, 124, 259 AND CHAPTER 10.32 OF THE MBMC TO MODIFY THE STATE SPEED LIMIT ON CERTAIN STREETS OR PORTIONS THEREOF 10 -12 -87 309 skateboard ant 310 ORDINANCE AMENDING CERTAIN MUNICIPAL CODE SECTIONS IN TITLE 16 CONCERNING LOCAL PROCEDURES TO IMPLEMENT THE SUBDIVISION MAP ACT AND INCREASING PENALTIES FOR VIOLATION THEREOF 10 -12 -87 311 ORDINANCE AMENDING, REPEALING & ENACTING CERTAIN MUNICIPAL CODE SECTIONIN TITLES 1, 2, 5, 8, 9, 14, 15, AND 17 CONCERNING ZONING & CODE ENFORCEMENT & INCREASING PENALITIES FOR VIOLATION THEREOF 10 -12 -87 312 VOID 313 ORDINANCE AMENDING CHAPTER 13.04 OF THE MBMC ALTERING THE UTILITY BILLING CYCLE 10 -26 -87 • ORDINANCES 4 NUMBER TITLE DATE ADOPTED 287 ORDINANCE AMENDING SECTION 15.48.030 OF THE MB MUNICIPAL CODE TO PROVIDE FOR COMPENSATION OF MEMBERS OF THE HARBOR COMMISSION 7 -28 -86 288 289 ORDINANCE AMENDING TITLE 17 OF THE MB MUNICIPAL CODE, THE ZONING ORDINANCE TEXT, BEACH STREET AREA SPECIFIC PLAN 7 -28 -86 ORDINANCE AMENDING CHAPTER 9.24 OF THE MB MUNICIPAL CODE DESIGNATING NO- SMOKING AREAS IN CERTAIN PUBLIC AND WORK PLACES 8 -25 -86 290 ORDINANCE AMENDING SECTION 13.04.230 OF THE MB MUNICIPAL CODE, COLLECTION OF PAST -DUE ACCOUNTS 8 -25 -86 291 ORDINANCE AMENDING SECTION 13.20.090 OF THE MB MUNICIPAL CODE TO ALLOW TRANSFER OF PROJECT WATER EQUIVALENCIES FOR HARDSHIP CASES 292 void 293 ORDINANCE ADOPTING AN INTERIM URGENCY ZONING ORDINANCE PROHIBITING FURTHER DEVELOPMENT OF VISITOR ACCOMMODATIONS 9 -22 -86 10 -27 -86 294 ORDINANCE TO ESTABLISH MOBILEHOME AND RECREATIONAL VEHICLE PARK RENT STABILIZATION 5P-' .110L O ^ <l 3o%1 11 -24 -86 295 ORDINANCE ADOPTING A TIME EXTENSION FOR AN INTERIM URGENCY ZONING ORD. FOR THE HOTEL /MOTEL INTERIM MORATORIUM (ORD. NO. 293) 12 -08 -86 296 ORDINANCE TO AMEND THE MB LUP REGARDING THE AREA DESIGNATED AS THE WILLIAMS PROPERTY IN ORDER TO PROVIDE THAT LAND WHICH IS NOT IN FACT SUITABLE FOR AGRICULTURAL USES MAY BE CONSIDERED BY THE CITY OF MB FOR APPROPRIATE FUTURE DEVELOPMENT - MEASURE B INITIATIVE 11 -04 -86 297 ORDINANCE PROHIBITING OFFSHORE OIL DEVELOPMENT SUPPORT FACILITIES WITHIN THE CITY OF MB - MEASURE C 11 -04 -86 298 ORDINANCE AMENDING CERTAIN SECTIONS OF CHAPTER 15.48 OF THE MBMC THEREBY REORGANIZING THE HARBOR COMMISSION INTO THE HARBOR ADVISORY BOARD 2 -09 -87 299 ORDINANCE AMENDING THE MOBILEHOME & RECREATIONAL VEHICLE PARK RENT STABILIZATION ORD. (ORD. 294) 2 -23 -87 AL, 6iw 614 3o'/ 300 ORDINANCE AMENDING MBMC CHAPTER 2.24 TO EXPAND THE RECREATION & PARKS COMM. TO 7 VOTING MEMBERS 1- 28 -87* 301 ORDINANCE ADOPTING AN INTERIM URGENCY ZONING MEASURE WHICH WILL TAKE EFFECT IMMEDIATELY UPON ITS ADOPTION & WHICH WILL TEMPORARILY PROHIBIT DEVELOPMENT ON CERTAIN LAND AREAS IN THE CITY - VRM PROPERTY 2- 11 -87* NUMBER ORDINANCES TITLE DATE ADOPTED 277 AN ORDINANCE ADOPTING A CABLE TELEVISION ORDI- NANCE FOR THE CITY OF MB, WHICH ORDINANCE HEREBY RESCINDS ORDINANCE NO. 28 & ITS SUBSEQUENT AMENDMENTS: ORDINANCE NO. 128; ORDINANCE NO. 146; AND ORDINANCE NO. 151 278 AN ORDINANCE ADOPTING AN INTERIM URGENCY ZONING ORDINANCE WHICH WILL TAKE EFFECT IMMEDIATELY UPON ITS ADOPTION l 1 -27 -86 1- 13 -86* 10' 279 ORDINANCE AMENDING ORD. 13, SECTION 1, & CHAPTER 13.12 OF THE MB MUNCIPAL CODE TO COMPLY WITH WASTE- WATER DISCHARGE REGULATIONS ESTABLISHED IN THE NON - INDUSTRICAL SOURCE CONTROL PROGRAM REQUIRED BY THE EPA AS AN ADJUNCT TO THE CITY'S NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM PERMIT 3 -24 -86 280 AN ORDINANCE ADOPTING AN INTERIM URGENCY ZONING ORDINANCE PROHIBITING USES CONFLICTING WITH A CONTEMPLATED SPECIFIC PLAN FOR THE NORTH MAIN STREET AREA 281 AN ORDINANCE ADOPTING A TIME EXTENSION FOR AN INTERIM URGENCY ZONING ORDINANCE FOR THE NORTH MAIN STREET AREA (ORD. NO. 280) *2 -24 -86 3 -24 -86 282 AN ORDINANCE AMENDING TITLE 17 OF THE MORRO BAY MUNICIPAL CODE, THE ZONING ORDINANCE TEXT & MAP 4 -28 -86 283 AN INITIATIVE ORDINANCE DESIGNED TO PREVENT MORRO BAY FROM BECOMING AN OIL PORT, PERSONNEL -BOAT CENTER OR OTHER LOGISTICAL BASE FOR OFFSHORE OIL OPERATIONS 4 -28 -86 284 AN ORDINANCE AMENDING THE MORRO BAY MUNICIPAL CODE REPEALING ORD. 58, SEC. 17 OF ORD. 66, SEC. 1 -4 OF ORD. 108, ORD. 143, SEC. 83 AND 84 OF ORD. 225 & ORD. 238, BUT EXCPLICITLY RETAINING THE AMORTIZA- TION SCHEDULES & PROCEDURES CONTAINED IN SEC. 5 -7 OF ORD. 108, AS AMENDED BY ORD. 242, AND BY ADOPTING THE 1985 EDITION OF THE UNIFORM SIGN CODE & BY ADOPTING UPDATED SIGN REGULATIONS TO BE INCLUDED IN TITLE 17 OF THE MORRO BAY MUNICIPAL CODE 4 -28 -86 285 ORDINANCE TO AMEND VARIOUS SECTIONS OF TITLE 5 OF THE MORRO BAY MUNICIPAL CODE RELATING TO BUSINESS LICENSE TAX RATES & ESTABLSHING A BUSINESS LICENSE RATE SCHEDULE 6 -09 -86 286 ORDINANCE AMENDING THE MB MUNICIPAL CODE, SECTION 2.20.010, RELATIVE TO COMPENSATION OF THE CITY COUNCIL *adopted out of sequence 7 -28 -86 NUMBER 1 • ORDINANCES TITLE DATE ADOPTED 267 VOID 268 AN ORDINANCE ADOPTING AN INTERIM URGENCY 1 -14 -85 ✓ ZONING ORDINANCE WHICH WILL TAKE EFFECT IMMEDIATELY UPON ITS ADOPTION - ATASCADERO BEACH AREA 269 AN ORDINANCE AMENDING CERTAIN SECTIONS OF 2 -11 -85 . THE MUNICIPAL CODE CHAPTERS 2.04, 2.08, 2.16 AND 2.20, RELATIVE TO ADMINISTRATION OF THE CITY - MEETING TIME TO 7:00 P.M., ORAL COMMUNICATION SECTION 270 AN ORDINANCE TO EXTEND AN INTERIM URGENCY 2 -25 -85 ORDINANCE FOR THE ATASCADERO BEACH TRACT (ORDINANCE NO. 268) 271 AN ORDINANCE AMENDING CERTAIN SECTIONS OF 6 -24 -85 CHAPTER 15.48 OF THE MORRO BAY MUNICIPAL CODE THEREBY REORGANIZING THE HARBOR COMMISSION 272 AN ORDINANCE AMENDING CERTAIN SECTIONS OF CHAPTER 1.12, NOTICES -- DOCUMENTS, OF THE MORRO BAY MUNICIPAL CODE 9 -10 -85 273 AN ORDINANCE AMENDING MORRO BAY MUNICIPAL CODE SECTION '13.20.080.0 - WATER RETROFIT 11 -12 -85 274 AN ORDINANCE ADOPTING AN INTERIM URGENCY ORDI- NANCE TO TEMPORARILY SUSPEND CERTAIN NEW CONSTRUCTION FOR PROTECTION OF MUNICIPAL WATER SUPPLY 10 -28 -85 275 AN ORDINANCE AMENDING CERTAIN SECTIONS OF ORDINANCES NOS. 15, 66, 121, 135, 140, 148, 177, 221, 225, 236, 251, 260 & 264 AND OF TITLE 14 OF THE MB MUNICIPAL CODE, & ADOPTING THE 1985 EDITIONS OF THE UNIFORM BUILDING CODE, UNIFORM FIRE CODE, UNIFORM PLUMBING CODE, UNI- FORM MECHANICAL CODE, UNIFORM ABATEMENT OF UNSAFE BUILDINGS CODE, UNIFORM HOUSING CODE, UNIFORM SWIMMING POOL CODE, & UNIFORM SOLAR ENERGY CODE, & THE 1984 EDITION OF THE NATIONAL ELECTRICAL CODE 1 -13 -86 276 AN ORDINANCE AMENDING MB MUNCIPAL CODE CHAPTER 2.24 TO ESTABLISH A RECREATION & PARKS CHAPTER INCLUDING PERMIT REQUIREMENTS, PUBLIC EQUIPMENT USE, HOURS OF USE, PENALTIES FOR VIOLATIONS & PROHIBITING HARASSEMENT OF OTHERS OR DAMAGE TO PARKS/ FACILITIES 1 -27 -86 ORDINANCES NUMBER TITLE DATE ADOPTED 257 An Ordinance of the City Council of the City of Morro Bay amending Ord. No. 22 and Section 14.44.040 of the M.B. Municipal Code, Building Regs, Street Improvements 2 -14 -84 258 An Ordinance regarding the underground 12 -19 -83 ** storage of hazardous substances 259 An Ordinance amending Section 1 of 3/12/84 Ordinance No. 124, and Section 10.32.010 relative to prima facie speed limits (changing speed limit on Quintana Rd. from 35 mph to 30 mph) 260 Ordinance extending the transient occupancy tax to R.V. and mobilehome parks 5/29/84 261 Ordinance amending Chapter 2.24 regard- ing the Parks and. Recreation Commission 6/25/84 262 Ordinance amending the "Zoning Map of the City of Morro Bay" as referenced and incorporated in Section 17.28.010 of the Morro Bay Municipal Code 8/27/84 263 Ordinance amending the Zoning Ordinance, map and text, Title 17 of the Morro Bay Municipal Code and rescinding Ordinance No. 237 which established an interim urgency zoning ordinance 9/11/84 264 Ordinance requiring automatic fire sprinkler systems in certain buildings and requiring fire resistive roofing materials 11/13/84 265 Ordinance amending Morro Bay Municipal Code Chapter 13.20 - Building Limitation 266 Ordinance establishing a growth manage- INITIATIVE ment procedure which will allow fair ELECTION distribution of our scarce water resources 11 -6 -84 and protect the small town character and surrounding open space of the city Effective 12 -7 -84 ** Out of sequence, adopted in 1983 as urgency Ord. 0 (DRD 2 MAN C E NO . 3 4 2 (MEASURE E, 1988) INITIATIVE ORDINANCE TO AMEND GENERAL PLAN - CITY OF MORRO BAY An ordinance of the people of the City of Morro Bay to amend the General Plan of the City of Morro Bay, County of San Luis Obispo, State of California, by amending the Master Plan for City Park, located in Planning Area 7, Central Morro Bay, a) to prohibit the construction of any structure, including any gazebo or gazebo - type structure, which would reduce the existing open spaces in the park, or which would alter the character and present uses of the park; and b) to require the removal of any such structure con- structed before the adoption of this ordinance, which were not in- cluded in the master plan for the park before March 1, 1988. THE PEOPLE OF THE CITY OF MORRO BAY DO ORDAIN AS FOLLOWS: Section 1. The Master Plan for City Park, located in Planning Area 7, Central Morro Bay, is hereby amended as follows: Except for proposed structures included in the Master Plan for City Park as of March 1, 1988 no new structure, including any gazebo or gazebo -type structure, shall be constructed in City Park, which would reduce the existing open spaces in the park, or would alter the charac- ter and present uses of the park unless the park is enlarged and the master plan for the park is duly amended. Section 2. If any structure of the type referred to in Sections 1 & 2 above exists in City Park at the time this ordinance is adopted, such structure shall be removed from the park not later than six months after the adoption of this ordinance. Section 3. This ordinance shall supersede all other ordinances, land use policies and resolutions in conflict therewith. CERTIFICATION I, Ardith Davis, City Clerk of the City of Morro Bay do hereby certify that the foregoing is a true and correct copy of an ordinance adopted by a majority vote of the electors voting in a general municipal election held in the City of Morro Bay on the 8th day of November, 1988. Dated: January 12, 1989 adth ARDITH DAVIS, City Clerk City of Morro Bay, California • • ORD INA 1ST C E N O_ 34 L (MEASURE D, 1988) INITIATIVE ORDINANCE TO AMEND GENERAL PLAN - CITY OF MORRO BAY An ordinance of the people of the City of Morro Bay to amend the General Plan of the City of Morro Bay, County of San Luis Obispo, State of California, regarding the approximate five (5) acres (the Piney Way Village property) bounded by Payless Drug- store, the Catholic Church, the City Fire Station and Morro Palms Mobile Home Park and to rezone such property from R -2 to C -1, district commercial, which would permit the development of ex- panded, competitive grocery shopping in the downtown area of Morro Bay. [The specific property referenced in this ordinance is shown on the attached map and is fully described below in Section 1.] THE PEOPLE OF THE CITY OF MORRO BAY DO ORDAIN AS FOLLOWS: Section 1. The General Plan of the City of Morro Bay is hereby amended to change the permitted land uses from R -2 to C -1, district commercial, for the Piney Way Village property identi- fied below as: That portion of Lot 10 of the Rancho San Bernardo in the County of San Luis Obispo, State of California, ac- cording to the map of the subdivision of the portion of said Rancho San Bernardo, filed January 5, 1907 in Book 1, page 6 of Maps, described as follows: BEGINNING at a 1" iron pipe marked R. E. 3200, on the Southwesterly boundary line of said Lot 10, which said pipe bears South 62° 30' East, 254.80 feet from a 3" x 4" stake on which is a copper disc marked R. E. 1800, said 3" x 4" stake being on the Southwesterly boundary of said Lot 10, and is set at the Southeasterly corner of the 5 acre parcel of land shown on the map filed in Book 3, Page 92 of Licensed Surveyors Maps; thence North 27° 26' East, 450.07 feet; thence South 50' 57' 30 ", 564.88 feet; thence South 27° 26' West, 337.06 feet to a point on the Southwesterly boundary line of said Lot 10; thence North 62° 30' West, 553.32 feet along said Southwesterly boundary line to POINT OF BEGINNING. Section 2. The property described in Section 1 is hereby rezoned from its present R -2 designation to C -1, district commer- cial, and all applicable land use policies, ordinances, and maps relating thereto shall be revised accordingly. io • Ordinance No. 341 Page Two Section 3. Upon adoption, this ordinance shall be immedi- ately submitted to the California Coastal Commission for certifi- cation as an amendment to the Land Use Plan of the Local Coastal Program contained in the General Plan for the City of Morro Bay. Section 4. This ordinance shall supersede all other ordi- nances and land use policies in conflict therewith. CERTIFICATION I, Ardith Davis, City Clerk of the City of Morro Bay do hereby certify that the foregoing is a true and correct copy of an ordinance adopted by a majority vote of the electors voting in a general municipal election held in the City of Morro Bay on the 8th day of November, 1988. Dated: January 12, 1989 ARDITH DAVIS, City Clerk City of Morro Bay, California • ORDINANCE NO. 340 AN ORDINANCE OF THE CITY OF MORRO BAY TO AMEND VARIOUS SECTIONS OF TITLE 5 OF THE MORRO BAY MUNICIPAL CODE RELATING TO BUSINESS LICENSE TAX RATES AND TO AUTHORIZE AUTOMATIC ANNUAL ADJUSTMENTS. The People of the City of Morro Bay do ordain as follows: Section 1. Authority to Adopt Measure This ordinance and the tax authority herein is enacted pursuant to the provisions of §37101 of the California Government Code and §1600 et. seq. of the California Business and Professions Code, and in compliance with the California Constitution Article XIII A, Section 4 and Article 3.7 of Chapter 4 of Part 1, of Div. 2 of Title 5 of the California Government Code commencing with §53720. Section 2. Purpose It is the intent of this ordinance to provide annual adjustments in the Business License Tax equal to the change in the Consumer Price Index (CPI) to maintain parity with other taxes which increase or decrease automatically with inflation. Section 3. Type of Tax Business License Tax is a General Tax as defined in Government Code §53721. The tax is imposed for General Governmental Purposes. Section 4. Annual Adjustment of Rates Section 5.04.050 of the Morro Bay Municipal Code is amended to read: There are hereby imposed upon the businesses, trades, professions, callings and occupations specified in this title license fees as established annually in the Business License Rate Schedule. Each year by June 30th the Business License Rate Schedule will be adjusted by the change in the Consumer • Price Index (CPI), from March of the previous year to March of the current year. The percentage adjustment for any given year shall be based upon the average monthly index for twelve months ending March 31st. The Consumer Price Index referred to herein is the Consumer Price Index (all items indexes, all urban consumers) for Los Angeles - Long Beach - Anaheim, California, compiled and published by the United States Department of Labor, Bureau of Labor Statistics, 1968 Base Year = 100 (hereafter called Index.) If the United States Department of Labor, Bureau of Labor Statistics, shall cease to compile and make public the Index as now constituted and issued, but shall substitute another index in its place, then said substituted index shall be used in place of the Consumer Price Index referenced herein. This Section shall not be construed to require any person to obtain a license prior to doing business within the City if such requirement conflicts with applicable statutes of the United States or of the State of California. Section 5. Effective Date The annual CPI adjustments authorized by this ordinance shall commence on June 30, 1986 in accordance with previously adopted rate schedules. Section 6. Severability If any provision of this ordinance or the application thereof to any person or circumstances is held to be invalid, such invalidity shall not affect any other provision or applications, and to this end the provisions of this ordinance are declared to be severable. CERTIFICATION I, Ardith Davis, City Clerk of the City of Morro Bay, do hereby certify that the foregoing is a true and correct copy of an ordinance adopted by a majority vote of the electors voting in a general municipal election held in the City of Morro Bay on the 8 day of November, 1988. Dated: Uanuaty: 12, 1989 ARDITH DAVIS, City Clerk City of Morro Bay, California • • ORDINANCE NO. 338 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND ADOPTING AMENDMENTS TO THE MORRO BAY LOCAL COASTAL PROGRAM IMPLEMENTATION PROGRAM (ZONING ORDINANCE) TEXT AND MAP WITHIN PLANNING AREA 2. THE CITY COUNCIL City of Morro Bay, California The City Council of the City of Morro Bay does ordain as follows: Section 1. The Council hereby makes the following findings: 1. On the llth day of February 1987, the City Council adopted interim ordinance 301, prohibiting development within certain specified portions of the City of Morro Bay, and later extended the ordinance until February llth, 1989 or until the completion date of the plan of study and effective date of related zoning ordinance amendments, whichever first occurs, in order to allow the City to evaluate alternative land use plan designations and planning standards; and 2. The Council initiated the necessary planning studies intended to alleviate the conditions which led to the adoption of the urgency ordinance, and whereas such studies were diligently pursued thereafter; and 3. In order to facilitate the broadest possible public and agency participation and comment, numerous public meetings and workshops were conducted by the city to present and discuss information being generated by the city's study and to review planning objectives, options and effects; and 4. To further increase opportunities for full public involvement in the planning process, the City Council appointed a citizen's advisory committee consisting of representatives of various interest groups, residents, and property owners within the study area; and 5. In June, 1988 the city's consultants completed the various studies concerning amendments to the Local Coastal Program Land Use Plan and Zoning ordinance, and transmitted these studies and related recommendations to the city for consideration; and Ordinance No. 338 • Page 2 6. WHEREAS, On May 16, 1988 the citizens' advisory committee completed its public hearings and study concerning amendments to the Local Coastal Program Land Use Plan and Zoning Ordinance and submitted them together with their recommendations to the consultants, Planning Commission and City Council for consideration; and 7. The consultant's report, the citizens' committee report, and related materials were publicly noticed and made available for public and agency review in compliance with all requirements of the California Coastal Act and the Coastal Commission's administrative regulations; and 8. On June 20th, July 5th, and July 14th, 1988 the Planning Commission conducted duly noticed PUBLIC HEARINGS to consider reports and recommendations from the citizens' committee, consultants and staff concerning possible amendments, and on July 18th 1988, recommended that the Land Use Plan and Implementation Program texts and maps be amended to provide for various modifications and transmitted such recommendations to the City Council for consideration; and 9. On July 25th, the City Council conducted a duly noticed PUBLIC HEARING to consider the proposed amendments and extended the public review period an additional six weeks to September 16, 1988 in order to maximize opportunities for public and agency input, and referred additional materials to the Planning Commission for review and further recommendations; and 10. On August 15th, 1988 the Planning Commission conducted a duly noticed PUBLIC HEARING to consider the items referred by the City Council and then transmitted its recommendation back to the City Council; and 11. On August 22nd, October 3rd, and October 24th the City Council did conduct duly noticed PUBLIC HEARINGS to consider the supporting materials, referral report of the Planning Commission, and various recommendations concerning possible amendments to the Local Coastal Program; and 12. The City Council does hereby determine and find that for the purposes of the California Environmental Quality Act that the contemplated amendments to the Local Coastal Program and the supporting information are exempt from CEQA as the functional equivalent of an Environmental Impact Report and that for purposes of CEQA the Coastal Commission is the lead agency, and no further documentation by the City is necessary; and Ordinance No. 338 • Page 3 • 13. Significant changes have occurred since the original Land Use Plan was drawn up and approved over five years ago. Revision and changes are warranted by both the altered physical conditions of Morro Bay and by the experience gained in application of the Coastal Requirements as the community has grown and responded to the needs of its citizens; and 14. There is a need to reduce the potential impacts of people on the environmentally sensitive sand dune habitat by reducing the amount of future residential development in the area and limiting public access points through the dunes; and 15. There is a need to increase the positive efforts of the City to care for and improve the environmental resource base by land use planning and regulatory measures aimed at ensuring the best possible stewardship of the environment; and 16. It is necessary to modify the boundaries of the designated sand dune ESH area to accurately reflect the actual location and extent of the habitat; and 17. It is incumbent on the City to bring about improved protection of the Snowy plover, a candidate endangered species through redirecting and limiting access to the shoreline and through land use plan modifications that reduce impacts to the habitat; and 18. There is a need to enhance protection and retention of traditional public views to and along the sand dunes, shore and ocean for travelers on Highway One northbound and southbound by expanding and better protecting the designated corridor; and 19. There is a need to modify the range and extent of allowable uses to provide an opportunity for higher priority and coastal- dependent uses as set forth in the Coastal Act to utilize the area; and 20. There is a need to provide for additional passive and active recreational uses within the area not reflected in current plans; and 21. A reduction in the overall potential intensity and extent of development will benefit the City by reducing demands on service requirements including lower levels of municipal services including water, and roadway development; and 22. The contemplated amendments are internally consistent with other portions of the Local Coastal Program, and are consistent with all elements of the City's adopted General Plan; and Ordinance No. 338 • Page 4 • 23. The amendments to the Zoning Ordinance text and official map made herein are necessary to conform to and implement the amendments to the Local Coastal Program Land Use Plan set forth in Resolution No. 127 -88; and 24. The City of Morro Bay hereby finds that the Land Use Plan amendments are in compliance with the intent, objectives, and policies of the California Coastal Act and that the City will carry out the Local Coastal Program, including these amendments to the Implementation Program in a manner fully consistent with the California Coastal Act and all its provisions. Section 2. Chapter 17 of the Morro Bay Municipal Code is amended to read as follows: (New language is shown in bold; language to be deleted is underlined and within brackets; Amendments to the Zoning map are shown on Exhibit A, attached hereto and made a part of this ordinance.) 1) Chapter 17.24 (Districts Established) is supplemented by adding a new section as follows: 17.24.015 Coastal Resource Residential (CRR) district. The purpose of—£he Coast -al Resource Residential distrit is to provide for residential uses that are environmentally compatible with protection of coastal resources of local and statewide significance by limiting densities and intensity of residential development and restricting the range of ancillary uses. Large minimum lot sizes are required in order to minimize overall levels of activity that could adversely impact sensitive coastal resources. Clustered development is encouraged where it will result in lessor levels of impact. This category is appropriate in areas adjacent to designated ESH zones and in areas providing traditional public views to and along the shoreline. 17.24.170 School (Sch) district. The purpose of the School or "S5 rdistTict —'is to provide for the continuation of public educational facilities on established sites within the City. 17.24.180 Mariculture and Marine Research (MMR) district. The purpose of—the Mariculture and Marine - Research — district is to provide locations within the city of Morro Bay for the establishment and operation of coastal dependent mariculture and marine research utilizing sea water for research and breeding, hatching and raising of fish, shellfish, and marine organisms for scientific and commercial purposes. 17.24.190 Golf Course (GC) district. The purpose of the Golf Course district ii to provide for the development and operation of golf courses and related facilities and passive recreation activities within large undeveloped areas of the City. New golf courses should be sited, designed, and maintained to avoid Ordinance No. 338 • Page 5 adverse impacts to environmentally sensitive habitats, the quality and biological productivity of coastal waters, and the protection of coastal agricultural resources. Chapter 17.31 is added to read: CHAPTER 17.31 COASTAL RESOURCE RESIDENTIAL (CRR) DISTRICT 17.31.010 Application of regulations. The regulations of this chapter shall apply to fhose areas of the City in the CRR, Coastal Resource Residential, Zone. 17.31.020 Permitted Uses. The following uses shall be allowed in the CRR-Di act: A. One single family dwelling. B. Structures and uses normally incidental to primary use. 17.31.030 Conditionally Permitted Uses. A. Guest houses (no cooking) 17.31.040 Height Limits. The height limit for structures shall be f4-feet except in areas where there are public viewshed corridors defined in the LCP Land Use Plan, within which the height limit shall be 4 feet. 17.31.050 Minimum Building Site. 20,000 square feet. 17.32.060 Minimum Lot Width. 120 feet, or 35 feet on cul -de -sac at property line. 17.32.070 Maximum Lot Coverage All Structures. 30 %. 17.32.080 Minimum Front Yard. 20 feet. 17.32.090 Corner Lot Exterior Side Yard. 10 feet. 17.32.100 Interior Side Yard. 10% of average width with 6 foot maximum requirement. 17.32.110 Minimum Rear Yard. 5 feet. 17.32.120 Minimum Lot Area Per Unit. 20,000 square feet. 17_32.130 Landscaping. Required for guest house. Chapter 17.37 is added to read: CHAPTER 17.37 SCHOOL DISTRICT Ordinance No. 338 • Page 6 • 17.37.010 Application of regulations. The regulation of this chapter shall apply -to those areas of the City in the Sch, School Zone. 17.37.020 Permitted Uses The following uses shall be allowed in the rah —d stF'ict: A. Classrooms for pre — schools, nursery schools, elementary, junior high, high schools and adult education facilities, and colleges and universities. 17.37.030 Conditionally permitted uses_ The following uses may be--arrowea- i the —School-(S6h) -ilistrict, subject to a conditional use permit as provided in Chapter 17.60 of this title: A. Support facilities including parking areas, sports fields, recreation areas, administrative, and service buildings, and similar uses. 17.37.040 Height limits. The height limit for structures shall be €Tiny =five '(35)— feet. 17.37.050 Landscaping and screening_ A. Applications for a conditional use permit shall include a plan for landscaping and screening in conformance with the provisions of Section 17.48.310 of this Title. B. Refuse containers shall be enclosed. Where possible, they shall be located away from public view or, where not possible, the receptacle area shall be landscaped. 17.37.060 Signs. Applications for a conditional use permit shall include a plan for signs, in conformance with Chapter 17.68 of this Title. 17.37.070 Parking. Applications for a conditional use permit for new ae-velopmi C shall include a plan for parking and landscaping of parking areas in accordance with Chapter 17.44 and Section 17.48.130 of this Title. 17.37.080 Architectural treatment. Exterior treatment of structures In new development and redevelopment shall be considered in the review of a conditional use permit in accordance with Chapter 17.48.200 of this Title. The following criteria will be used in the review of applications: A. The architectural and landscape design of a project, including materials, shall integrate harmoniously into the character of the immediate area. B. The design shall protect aesthetic environmental qualities. Ordinance No. 338 • Page 7 C. The design shall enhance the desirability and /or enjoyment of the immediate area. D. The design shall improve community appearances by preventing extremes of dissimilarity or monotony in new construction or redevelopments. F17i. . 40, oS ec— ial Treatment Combining Districts. Section 17.40.030 u within Mixed Use Area G as follows: 1. In mixed use areas combining commercial and residential designations, the commercial district shall be the primary district, and at least 50% of the gross floor area of the project shall be devoted to commercial or office uses. An exception is for those areas in which the Coastal Land Use Plan text specifically describes the mixed use relationship that shall be allowed. Chapter 17.41 is added to read: CHAPTER 17.41 MARICULTURE AND MARINE RESEARCH DISTRICT 17.41.010 Application of regulations. The regulations of this chapter shall apply to terse areas of the City in the MMR, Mariculture and Marine Research, Zone. 17.41.020 _Conditionally permitted uses. allowed in the Mariculture and — Marine subject to a conditional use permit as of this title: A. B: C. D. E. F. Mariculture, marine biology, and and scientific research. The following uses may be Research (MMR) District provided in Chapter 17.60 oceanographic commercial Breeding, hatching, and propagation of fish, shellfish, and marine organisms. Grow —out, and raising of fish and shellfish in ponds, tanks, or raceways utilizing seawater. Seawater intake and outlet pipelines providing a source of seawater used in mariculture and research activities. Related administrative and office uses ancillary to the primary mariculture and marine research uses. Parking, delivery, and service facilities related to the primary mariculture or research uses. 17.41.030 Prohibited_ __uses_._ Processing, cleaning, shelling, n caning, preparation -or "packaging of processed fish and shellfish. Ordinance No. 338 • Page 8 17.41.040 Height limits. The height limit for structures shall be 1-4 feet except in areas where there are public viewshed corridors defined in the LCP Land Use Plan, within which the height limit shall be four (4) feet. 17.41.040 Landscaping and screening. A. Applications for a conditional use permit shall include a plan for landscaping and screening in conformance with the provisions of Section 17.48.310 of this Title. B. Refuse containers shall be enclosed. shall be located away from public possible, the receptacle area shall refuse containers shall be located in designated in the LCP Land Use Plan. Where possible, they view or, where not be landscaped. No public view corridors 17.41.050 Signs. Applications for a conditional use permit shall incrnde a— plan for signs, in conformance with Chapter 17.68 of this Title. 17.41.060 Parking. Applications for a conditional use permit for new-development and redevelopment shall include a plan for parking and landscaping of parking areas in accordance with Chapter 17.44 and Section 17.48.310 of this Title. 17.41.070 Architectural treatment. Exterior treatment of structures in new development and redevelopment shall be considered in the review for a conditional use permit in accordance with Chapter 17.48.200 of this Title. The following criteria will be used in the review of applications: A. The architectural and landscape design of a project, including materials, shall integrate harmoniously into the character of the immediate area. B. The design qualities. shall protect aesthetic and environmental C. The design shall enhance the desirability and /or enjoyment of the immediate area. D. The design shall improve community appearances by preventing extremes of dissimilarity or monotony in new construction or redevelopments. 17.41.080 Lighting. Exterior lighting for security purposes sharl be limit-ea so as to avoid adversely impacting adjacent uses, or the public's enjoyment of a dark sky. Night lighting shall be low intensity and down cast. Chapter 17.43 is added to read: Ordinance No. 338 Page 9 CHAPTER 17.43 GOLF COURSE DISTRICT 17.43.010 Application of relations. The regulations of this chapter shall apply to those areas of the City in the GC, Golf Course District. 17.43.020 Conditionally permitted uses. The following uses may be allowed in the Gcl"f—Course Distinct subject to a conditional use permit as provided in Chapter 17.60 of this title: A. Golf courses including tees, greens, fairways, traps and related landscaping B. Club Houses and Pro -Shops C. Support facilities including maintenance and storage shops, irrigation systems, pedestrian and golf cart pathways and parking areas. D. Administrative and office uses ancillary to the golf course. E. Passive recreational uses and facilities including walking and bicycling paths, and picnic facilities, nature observation and similar uses. 17.43.030 Height limits. The height limit for structures shall e�17i fee�xcept in areas where there are public viewshed corridors defined in the LCP Land Use Plan, within which the height limit shall not exceed 4 feet. An exception is the public restrooms in the view corridor, which may be higher. 17.43.040 Landscaping and screening_ A. Applications for a conditional use permit shall include a plan for landscaping and screening in conformance with the provisions of Section 17.48.310 of this Title and applicable standards and policies of the LCP Land Use Plan. Except for tees, greens and fairways, landscaping shall be limited to native plants and trees. B. Refuse containers shall be enclosed and located away from public view. No refuse containers shall be located in public view corridors designated in the LCP Land Use Plan. 17.43.050 Signs. Applications for a conditional use permit shall include a plan for signs, in conformance with Chapter 17.68 of this Title. Ordinance No. 338 . Page 10 17.43.060 Parking Applications for a conditional use permit for new development— shall include a plan for parking and landscaping of parking areas in accordance with Chapter 17.44 and Section 17.48.310 of this Title. Applicable policies of the LCP Land Use Plan shall limit the location of parking facilities. 17.43.070 Architectural treatment. Exterior treatment of stfu ures shall be considered—'in the review of a conditional use permit in accordance with Chapter 17.48.200 of this Title. The following criteria will be used in the review of applications: A. The architectural and landscape design of a project, including materials, shall integrate harmoniously into the character of the immediate areas. B. The design shall protect aesthetic and environmental qualities. C. The design shall enhance the desirability and /or enjoyment of the immediate area. D. The design shall improve community appearances by preventing extremes of dissimilarity or monotony in new construction or redevelopment. 17.43.080 Lighting. Exterior lighting shall be limited so as to avoid adversely impacting adjacent uses, or the public's enjoyment of a dark sky. Night lighting shall be low intensity and down cast. 17.43.090 Irrigation. The source of water for irrigation shall be limited to recycled —water from the municipal wastewater treatment plant; potable water from the City's water supply system shall not be used for golf course irrigation. 17.43.100 Coastal Resource Protection. Environmentally damaging herbicides, pesticides, and poisons shall be prohibited in the maintenance of golf courses. Selection of materials and substances applied to a course should be planned to avoid adverse impacts to the biological quality of coastal waters and ESH areas. All development and uses of a golf course shall comply with applicable resource protection policies of the LCP Land Use Plan. Section 3. To implement the amendments adopted herein the City Council of the City of Morro Bay, California hereby directs as follows: 1. This Ordinance containing the zoning amendments set forth in Section 2. above shall be transmitted promptly to the California Coastal Commission with the request that the Commission certify the amendments; and Ordinance No. 338 • Page 11 1 2. This ordinance shall take effect immediately and automatically upon said certification. PASSED, APPROVED, AND ADOPTED, by the City Council of the ' City of Morro Bay at a regular meeting held thereof on the 28th day of November 1988 by the following roll call vote; AYES; Donnelly, Lemons, Sheetz, Reddell NOES; Odell ABSENT; None • t ity Clerk APPROVED AS TO FORM: 11 JUD t in ; R, y Attorney • 4 • Q NORTH l CCR Coastal Resource Residential GC Golf Course IMMR Mariculture PD Planned Development ESH Environmental Sensitive Habitat SCH School (-rr t.J ZONING MAP AMENDMENTS AREA 2 1 EXHIBIT A 1 ORDINANCE NO. 337 A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND APPROVING AN AMENDMENT TO SECTION 17.44 OF THE MORRO BAY MUNICIPAL CODE TO PROVIDE FOR CITY ACCEPTANCE OF IN -LIEU PARKING FEES T H E C I T Y C O U N C I L City of Morro Bay, California The City Council of the City of Morro Bay does ordain as follows: Section 1. The Council hereby makes the following findings: A. The Planning Commission of the City of Morro Bay, California, on the 4th day of October, 1988, held a duly noticed PUBLIC HEARING to consider City initiated amendments to Section 17.44 of the Municipal Code which would provide for City acceptance of in -lieu parking fees to be utilized for the planning, design, acquisition and development of municipal parking facilities to serve the contributing project, and at the conclusion of the public hearing has recommended to the City Council adoption of the draft in -lieu fee ordinance subject to various modifications; and B. The City Council of the City of Morro Bay, California, on the 10th day of October, 1988, held a duly noticed PUBLIC HEARING to consider City initiated amendments to Section 17.44 of the Municipal Code which would provide for City acceptance of in -lieu parking fees to be utilized for the planning, design, acquisition and development of municipal parking facilities to serve the contributing project; and C. Said project has complied with the City of Morro Bay objectives, criteria and procedures for implementation of the California Environmental Quality Act, (CEQA), in that the project has been found to have no potential to result in significant adverse environmental impacts and, therefore, qualifies for filing of a Negative Declaration; and D. At said PUBLIC HEARING, after considering the staff report and the arguments of all persons, if any, wishing to testify, and the recommendations of the Planning Commission, the City Council found: 1. Section 17.44 of the Municipal Code provides standards for parking associated with new or expanded development, and includes requirements that new parking be provided on the project site, or off -site on private property; and Ordinance No. 337 • • Page 2 2. Section 17.44 and various policies and programs of the certified Local Coastal Program Land Use Plan encourage and direct the City to provide additional methods for property owners to satisfy and meet parking requirements set forth in Section 17.44 and specifically identify the use of parking in -lieu fees; and 3. The parking in -lieu fee ordinance below is consistent with the intent of the Local Coastal Plan and zoning ordinance standards relating to parking, and will benefit the orderly development of the downtown and Embarcadero areas and the provision of convenient and attractive parking facilities. Section 2. Section 17.44.020(A) of the Municipal Code is amended to add a new subsection 7 to read as follows (the existing subsection 7 - Bicycle facilities is renumbered as subsection 8). 7. Parking In -Lieu Fees. Where it can be demonstrated that the reasonable- and practical development of commercially zoned property precludes the provision of required off - street parking on the property located within the Parking Management Plan area defined in Figure A, the City Council, upon recommendations of the Community Development Director, may permit the applicant to satisfy parking requirements by payment of an in -lieu parking fee. The City Council will determine the total parking program with each individual project at the time of permit process review. Fees accepted under this provision will be used by the City to provide the additional required parking at another location in lieu of the applicant providing the required off - street parking on his site. Such parking shall be provided within a reasonable distance from the contributing project. All such fees collected shall be used by the City for the planning, design, acquisition or lease of land, and development and redevelopment of public parking facilities within the Parking Management Plan area. Any off - street parking satisfied through this provision shall run with the land, and any subsequent change of use that requires more parking shall require subsequent action to satisfy the additional parking requirement. No refund of such payment shall be made when there is a change to a use requiring less parking. The number of parking spaces required and used to calculate the in -lieu fee shall be determined according to the provisions of Chapter 17.44 and any other applicable provisions of the Zoning Ordinance and Municipal Code. A change of ownership or the dividing or merging of properties shall not affect an obligation for parking in -lieu fees or a determination that parking requirements have been met according to fees paid for a particular use. Ordinance No. 337 • • Page 3 The fee to be charged for each parking space required shall be set by resolution by the City Council and may be modified from time to time, and shall be payable in accordance with administrative policies established herein. In setting such fees, the Council shall consider all costs associated with the provision of the necessary parking including planning, design, land acquisition or lease costs and construction of improvements. The per space fee for new construction, additions or changes in occupancy shall be paid in a lump sum, prior to the issuance of construction permits for the structure or occupancy for which the parking is required or prior to the issuance of a City business license for the activity for which the parking is required, if no construction permit is required. All fees collected and all interest earned thereon shall be placed in the Parking Facilities Fund established hereby by the City Council and shall be used only for the purposes set forth in this section and for the benefit of the contributing project. Nothing in this section shall preclude the formation of a parking assessment district coterminous with the Parking Management Plan area. Any property participating in the in -lieu fee program shall be required to participate in the assessment district if a parking assessment district is established. Funds derived from each property through a combination of the in -lieu fee and assessment payments shall equal the fair market value of the cost of converting the required parking into a municipal parking lot, as estimated by the Public Works Director. In -lieu fees accepted by the City shall be credited against a project's full obligation established by an assessment district formula. PASSED, APPROVED, AND ADOPTED, on the 24th day of October, 1988, by the following roll call vote to wit: AYES: Donnelly, Lemons, Sheetz, Reddell NOES: Odell ABSENT: None ATTEST: ARf 7 CR DAV S, iF�erk- APPROVED AS TO FORM: II • • 11 , ayor ORD I NANC E NO . 3 3 6 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AMENDING SECTIONS 13.04.330 AND 13.04.340 OF THE MORRO MUNICIPAL CODE, AND ADOPTING REVISED MANDATORY WATER CONSERVATION MEASURES T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City of Morro Bay obtains the entirety of its municipal water supply from groundwater wells in the underflows of Morro and Chorro Creeks; and WHEREAS, the rainfall which occurred the last two winters was insufficient to adequately recharge the aquifers from which the water supply is drawn; and WHEREAS, unprecedented intense agricultural irrigation upstream of City wells in the Chorro Basin has contributed to the depletion of said aquifers; and WHEREAS, due to said depletion of the aquifers the pumping capacity of the City wells has been reduced by nine percent; and WHEREAS, said pumping capacity may continue to decline to the point where the City may not be able to assure a sufficient supply of water to provide for its municipal demand without immediate change in demand or weather patterns; and WHEREAS, by Resolution 107 -88, the City Council of the City of Morro Bay did determine and declare the municipal water level to be low, and did adopt certain mandatory water conservation measures; and WHEREAS, it is necessary for the immediate preservation of the public peace, health and safety that the City amend Section 13.04.330 to be able to enforce said mandatory water conservation measures to the fullest extent of the law, in order to ensure an adequate water supply for the citizens of the City of Morro Bay. • Ordinance No. 336 Page 2 NOW THEREFORE, the City Council of the Bay does ordain as follows: 1. In accordance with Government 36937, the City Council makes each and all findings and statements set forth above. 2. Section 13.04.330 is amended follows: City of Morro Code Section of the listed to read as When deemed necessary in the judgment of the City Council to conserve water during low water level months, or during flood water conditions, which may contaminate city wells, the City Council may by resolution declare an emergency condition and do any or all of the following which in its judgment is deemed advisable after publication of notice thereof is given by the City to users: A. Limit irrigation within the city water service area to specified hours, or prohibit irrigation entirely within the service area; B. Hold all customers inside the water service area of the City to specified maximum usages of water for each category of users; C. Provide adequate water to customers for all purposes except drinking and cooking, and require users to supply their own drinking and cooking water. D. Take any other action which the City Council deems necessary to: protect the public health or safety; prevent contamination of City wells or other sources of City water; or ensure an adequate City water supply. E. The Council may provide for exemptions to any conservation measure or other adopted pursuant to this section. It shall be unlawful for any person to violate any conservation or other measure imposed by the City Council pursuant to this section. Violation of any such conservation or other measure, shall constitute a violation of this section. (Ord. 13 Section 1 (part), 1965: prior code Section 9126A (part)) Failure to comply with any conservation or other measure adopted pursuant to this section may result in termination of water service. No water service shall be terminated until the Public Works Director has notified in writing the customer the reasons for the proposed termination, and given the customer an opportunity to respond, either orally or in writing. • Ordinance No. 336 Page 3 3. Section 13.04.340 is amended to read as follows: If the City Council adopts a resolution declaring the water level low or any emergency in the water system as set out in Section 13.04.320 and 13.04.330, the Public Works Director is authorized and directed to take any or all of the following actions which in his judgment will best conserve water during the duration of the emergency: A. Specify the days and /or hours during which water users may irrigate, to take effect after publication of notice thereof in a newspaper of general circulation distributed in the City or after written notice thereof is given by the City to users; B. If there is a failure to comply with the limitation on irrigation, the Public Works Department shall turn off the water of any such violator; provided, the Public Works Director shall not terminate any water service until the director gives notice in writing to the customer of the reasons for the proposed termination, and given the customer an opportunity to respond, either orally or in writing; C. If in the judgment of the Public Works Director, there is flagrant waste of water (such as but not limited to water running down gutters), the Public Works Department shall turn off the water of said user; provided, the Public Works Director shall not terminate any water service until the director gives notice in writing to the customer of the reasons for the proposed termination, and given the customer an opportunity to respond, either orally or in writing; D. If an owner of property is notified in writing by the Public Works Director of leaks in the water line on the owner's property and has not repaired said leaks within three days after said notification, the Public Works Department shall turn off the water on said property until the leak is repaired; E. If specified maximum usages of water are set by the City Council during low water months or other emergency conditions in the water system, and if any customer uses more than the specified maximum usage for his category, then such a violation shall result in the penalty applied to said customer in the amount of three dollars per one hundred cubic feet of water used over the specified maximum usage for his category during the period of emergency conditions; F. Prohibit the filling or refilling of swimming pools, hot tubs, or spas, to take effect upon written notification thereof by the City to users. • Ordinance No. 336 Page 4 4. The following revised mandatory conservation measures are hereby adopted: A. USE OF WATER WHICH RESULTS IN GUTTER RUNOFF IS PROHIBITED. 1. No water shall be used for cleaning of driveways, patios, parking lots, sidewalks, streets, or other such uses. 2. Washing cars by use of a hose is prohibited. Use of a bucket is permitted, and then subject to non - wasteful applications. 3. Hose down of buildings, washing of windows except by bucket, or similar activities is prohibited. B. Outdoor Irrigation 1. NO outdoor irrigation is permitted between the hours of 10:00 AM and 4:00 PM. 2. Irrigation of landscaping and gardens is permitted at even - numbered street addresses only on Wednesdays and Sundays, and at odd - numbered street addresses only on Tuesdays and Saturdays. All consumers are requested to use no more water than necessary to maintain landscaping. 3. Irrigation of City parks and public school landscaping is prohibited. C. Marinas and Waterfront Installations 1. Use of fresh water to wash down boats, docks, or other incidental activities is prohibited. 2. All hose bibs shall have spring - loaded shut -offs or similar controlling devices. D. Restaurants shall serve drinking water in response to a specific request by a customer. E. Filling or refilling of swimming pools, hot tubs, or spas is prohibited. F. Use of potable water for compaction or dust con- trol purposes in construction activities is prohibited. G. Newly- planted landscape or newly- seeded /sodded lawns installed prior to 21 September 1988 may be temporar- ily exempted from the provisions in B2, provided the owner/ tenant establish documentation satisfactory to the City con- clusively proving the planting date. Any temporary exemp- tion shall expire when the planting is sufficiently estab- • Ordinance No. 336 Page 5 lished to survive with twice per week watering. All other conservation measures remain applicable during the temporary exemption. 5. That the City Council hereby adopts Ordinance No. 336 as an urgency ordinance which shall take effect immediately upon its adoption. PASSED AND ADOPTED, this 10th day of October , 1988, by the following roll call vote: AYES: Donnelly, Odell, Sheetz, Reddell NOES: None ABSENT: Lemons ATTEST: aa, ARDITH DAVIS, City Clerk APPROVED AS TO FORM: Ci y Att• ne Ci y of Marro Bay DA REDDE L, Mayor • • ORDINANCE NO. 335 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AMENDING FORMAL CONTRACT PROCEDURES CITY OF MORRO BAY Morro Bay, California BE IT HEREBY ORDAINED by the City Council of the City of Morro Bay, California as follows: Morro Bay Municipal Code Sections 3.08.100 A is amended to read as follows: 3.08.100 A. Notice Inviting Bids. Notices inviting bids shall include a general description of the articles to be purchased, shall state where bid blanks and specifications may be secured, and the time and place for opening bids. 1. Published Notice. Notices inviting bids shall set a date for the opening of bids. The first publication or posting of the notice shall be at least ten days before the date of opening of the bids. Notices shall be published at least twice, not less than five days apart, in a newspaper of general circulation, printed and published in the city, or if there is none, it shall be posted in at least three public places in the city that have been designated by ordinance as the places for posting public notices. 2. Bidders' List. The purchasing agent shall also solicit sealed bids from all responsible prospective suppliers whose names are on the bidders' list or who have made written request that their names be added thereto. PASSED AND ADOPTED on the 24th day of October, 1988 by the following roll call vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None ATTEST: ,C AR H DAVIS, City Clerk DALE REDDELL, Mayor • 1 ORDINANCE NO. 334 AN ORDINANCE OF THE CITY OF MORRO BAY CITY COUNCIL AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF MORRO BAY CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM The City Council of the City of Morro Bay does hereby ordain as follows: Section 1 That an amendment to the Contract between the City of Morro Bay City Council and the Board of Administration, California Public Employees Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked as "Exhibit A ", and by such reference made a part hereof as though herein set out in full. Section 2 The Mayor of the City of Morro Bay is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency. Section 3 This Ordinance shall take effect thirty days after the date of its adoption, and prior to the expiration of fifteen days from the passage hereof shall be published at least once in the Sun Bulletin, a newspaper of general circulation, published and circulated in the City of Morro Bay and thenceforth and thereafter the same shall be in full force and effect. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 14th day of November1988, by the following vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None ATTEST: Ar ith Davis, City Clerk ale Reddell, Mayor • AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF MORRO BAY The Board of Administration, Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of above public agency, hereinafter referred to as Public Agency, having entered into a contract effective July 1, 1965, and witnessed June 1, 1965, and as amended effective August 15, 1981 and November 19, 1983, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective November 19, 1983, and hereby replaced by the following paragraphs numbered 1 through 12 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 60 for local miscellaneous members and age 55 for local safety members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after July 1, 1965 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contract- . ing agency. 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); c. Employees other than local safety members (herein referred to as local miscellaneous members). 4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: a. ELECTED OFFICIALS; b. APPOINTIVE COMMISSIONS; AND c. PERSONS COMPENSATED ON AN HOURLY BASIS. 5. This contract shall be the continuation of the contract of the Morro Bay Fire District, hereinafter referred to as "Former Agency ", pursuant to Section 20567.1 of the Government Code, Former Agency having ceased to exist and been succeeded by Public Agency on July 1, 1965. Public Agency, by this contract, assumes the accumulated contributions and assets derived therefrom and liability for prior and current service under the Former Agency's contract with respect to the Former Agency's employees. 6. The fraction of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member shall be determined in accordance with Section 21251.13 of said Retirement Law (2% at age 60 Full). 7. The fraction of final compensation to be provided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 21252.1 of said Retirement Law (One -half pay at age 55 Full). 8. The following additional provisions of the Public Employees' Retirement Law, which apply only upon election of a contracting agency, shall apply to the Public Agency and its employees: a. Sections 21380 - 21387 (1959 Survivor Benefits) excluding Section 21382.2 (Increased 1959 Survivor Benefits) and Section 21382.4 (Third Level of 1959 Survivor Benefits) for local fire members only. b. Section 20862.8 (Unused Sick Leave Credit) for local miscellaneous members only. 9. Public Agency, in accordance with Government Code Section 20740, ceased to be an "employer" for purposes of Section 20759 effective on August 15, 1981. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20759, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20759. 10. Public Agency shall contribute to said Retirement System as follows: a. With respect to local miscellaneous members, the agency shall contribute the following percentages of salaries earned as members of said Retirement System: (1) 5.517 percent until June 30, 2011 on account of the liability for current service benefits. (Subject to annual change.) • b. With respect to local safety members, the agency shall contribute the following percentages of salaries earned as members of said Retirement System: (1) 11.324 percent until June 30, 2011 on account of the liability for current service benefits. (Subject to annual change.) c. A reasonable amount, as fixed by the Board, payable in one in- stallment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. d. A reasonable amount, as fixed by the Board, payable in one in- stallment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 11. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 12. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within thirty days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the January , 19 89 . BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM First -day of CITY COUNCIL OF THE CITY OF MORRO BAY BY BY ASSISTANT EXECUTIVE OFFICER r PERS -CON -702 (AMENDMENT) (Rev. 6/88) i .Ace-P—Q i esi ing Officer DALE REDDELL, Mayor Witness Date Attest: Clerk ARDITH DAVIS • ORD I NANC E NO _ 3 3 3 AN ORDINANCE AMENDING SECTION 2.36.010 OF THE MORRO BAY MUNICIPAL CODE; PEACE OFFICER STANDARDS AND TRAINING* T H E C I T Y C O U N C I L City of Morro Bay California The City Council of the City of Morro Bay does hereby ordain as follows: Section 1. Section 2.36.010 of the Morro Bay Municipal Code and Ordinance No. 44 is hereby amended as follows: 2.36.010. Adherence to state standards. a. The City declares that it desires to qualify to receive aid for law enforcement officers and public safety dis- patchers from the State of California under the provi- sions of Chapter 1, of Title 4, Part 4, of the Califor- nia Penal Code (Section 13500 et. seq.). b. Pursuant to Penal Code Sections 13510 and 13522, the Morro Bay Police Department will adhere to standards for recruitment and training established by the Cali- fornia Commission on Peace Officer Standards and Train- ing (POST). c. Pursuant to Penal Code Section 13512, the Commission and its representatives may make such inquiries as deemed appropriate by the Commission to ascertain that personnel adhere to standards for selection and train- ing established by the Commission on Peace Officer Standards and Training. *For statutory provisions regarding standards and training of local law enforcement officers, see Penal Code Section 13500. PASSED, APPROVED, AND ADOPTED by the Morro Bay City Council at a regular meeting thereof, held on the 24th of October , 1988 by the following vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None ABSTAIN: None ATTEST: ARDITH DAVIS, City Clerk L��B L)erSe ALE REDDEL , Mayor • • ORDINANCE NO. 330 THE CITY COUNCIL City of Morro Bay, California TEMPORARY SIDEWALK SALES AND DISPLAY ORDINANCE The City Council of the City of Morro Bay does hereby ordain as follows: SALES ON STREETS AND SIDEWALKS Sections: 1. Purpose of Provisions 2. Permit - Required 3. Permit- Issuance - Conditions and Limitations 4. Permit -Hold Harmless Clause Required 5. Citizens Review committee 6. Permit - Revocation - Appeal 7. Expiration of Ordinance 1. Purpose of Provisions The Council finds that the businesses in the downtown area, comprised of Morro Bay Boulevard and adjacent side streets is a unique and special area of the City in which increased business activity is desired. Said special area is herein specified in Exhibit "A ", a map of the area incorporated herein by reference. The Council further finds that carefully controlled and restricted use of the public sidewalks by adjacent merchants for the display of merchandise may be beneficial to successful business operations and development, and therefore, to the welfare of the City in general. It is the intent of the Council to regulate sales on the streets and sidewalks in order to insure the safe and unobstructed passage of all pedestrians and motorists using the public right -of -way, and to maintain and enhance the aesthetic characteristics of the downtown area. 2. Permit - Required No person shall leave, place or cause to be placed, any personal property upon any sidewalk, gutter, alley or street within the City, whether or not such property constitutes merchandise of any store, without first obtaining a City permit authorizing same. The "personal property" referred to in this section includes, but is not limited to, produce, 1 1 Ordinance No. 330 Page 2 merchandise, store boxes, store substances, or materials, signs or any other object or implement of any class, kind or character. This section shall not be construed to prohibit parking of bicycles and vehicles where otherwise allowed. 3. Permit - Issuance - Conditions and Limitations The Community Development Director may issue use permits for sidewalk sales subject to the following conditions and limitations: A. Applicants must possess a valid City business license and any necessary county health permits. Applicants must have a fixed place of business located within the special area denoted in Exhibit "A "; street vendors not meeting this qualification are expressly prohibited from operating under the provisions of these permits. B. Each permit shall expressly provide that sidewalk sales shall be limited to Fridays, Saturdays and three day holiday weekends between the hours of 8:00 a.m. and 6:00 p.m. C. The applicant shall submit a site plan indicating the location of the operation, relative to surrounding buildings, parking lots and public right -of -ways, as well as such other information deemed necessary by the Community Development Director. D. Each permit shall expressly provide that any personal property or merchandise placed upon the sidewalk pursuant to the permit shall extend no further along the sidewalk than the exterior limits of the merchant's place of business. E. Each permit shall expressly state, and the permittee shall agree, that in all cases a minimum sidewalk width of five feet shall be kept clear of any obstruction at all times. F. Each permit shall be issued for a period ending on September 30, 1989. G. Each permit shall specify all signage to be used in the conduct of the sidewalk sale; pedestal and /or A -frame type signage shall be permitted. Signage shall be allowed only for the purpose of stating that a sale is in progress or the price of items or articles for sale. H. The Community Development Director may approve a permit subject to additional conditions as he finds reasonable and appropriate. Said permit shall be at no cost to the applicant to September 30, 1989. Ordinance No. 330 • Page 3 • I. Each applicant shall secure and provide to City a comprehensive public liability and property damage insurance policy naming the city as an additional insured in amounts and on the terms as approved by the City Risk manager. 4. Applicant to Indemnify City As a further condition of any permit granted pursuant to this chapter, each applicant shall agree and shall sign a written agreement so stating, as part of the permit granted, to hold the City harmless from, to defend the City against, and to indemnify the City from, all claims, demands and suits made against the City, its officers, or its employees, including attorney's fees and court costs incurred by the City arising from any act or omission on the part of the applicant, its officers, employees, subcontractors, agents, guests, invitees or those entities participating in any sales activities sponsored by the applicant, in the prosecution of activities authorized by the permit. 5. Citizens Review Committee A Special Citizen Review Committee shall be established by the City Council consisting of five members: two downtown merchants participating in sidewalk sales; one downtown merchant not participating; one representative of a civic group concerned with aesthetics; one public member at large. The Special Committee which shall serve during the period this special sidewalk display ordinance is in effect, shall have the following duties: A. Assist in reviewing all applications for sidewalk sale permits and make recommendations to the Community Development Director on approval or denial of each based on its conformance to the ordinance. B. At the request of the Community Development Director conduct periodic site inspections to determine compliance with permit requirements for each permittee, to meet with permittees to discuss positive and negative effects of sidewalk sales. C. Prepare a list of suggested modifications to the special ordinance in the final month prior to the expiration of the special ordinance. 6. Permit - Revocation - Appeal Any permit issued pursuant to this chapter may be revoked by the City Council upon the recommendation of the Community Development Director and upon a finding that the performance of the permittee has been inconsistent with the provisions of this ordinance and the permit. • • Ordinance No. 330 Page 4 7. Expiration of Special Ordinance This ordinance will expire September 30, 1989. At that time permanent modifications to the City's street sales ordinances may be proposed, based on the experience of this special ordinance. PASSED, APPROVED, AND ADOPTED by the City Council of the��{,, City of Morro Bay at a regular meeting thereof, held on the o day of September, 1988, by the following roll call vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None ATTEST: a IDAM S , CITY CLERK APPROVED AS TO FORM AND LEGAL EFFECT: EXHIBIT "A" • The street right -of -ways shaded in gray generally designate those areas where temporary sidewalk sales and display struc- tures are permitted. 1 • ORD I NAN C E N O_ 3 2 9 AN ORDINANCE REPEALING CERTAIN SECTIONS OF TITLE 15 OF THE MORRO BAY MUNICIPAL CODE, HARBOR AND OCEAN REGULATIONS, TO ELIMINATE THE DESIGNATION AND REGULATION OF SPECIAL USE AREAS FOR SWIMMING, SKIN DIVING, AND SURFING T H E C I T Y C O U N C I L Morro Bay, California The City Council of the City of Morro Bay does hereby ordain as follows: SECTION 1: Section 15.36.030 Swimming Areas, Section 15.36.040 Skin Diving, and Section 15.36.050 Burling of Chapter 15.36 SPECIAL USE AREAS of Title 15 HARBOR AND OCEAN REGULATIONS of the Morro Bay Municipal Code and part of Ordinance No. 119 are hereby repealed in their entirety. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 12th day of September, 1988 on the following vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None ATTEST: c ARD TS, City Clerk ,ice ear dir D E REDD L, Mayor • • ORDINANCE NO. 327 AN ORDINANCE ADDING SECTIONS TO CHAPTER 9 OF THE MUNICIPAL CODE PROHIBITING THE CONSUMPTION OR POSSESSION OF ALCOHOLIC BEVERAGES IN CERTAIN PUBLIC PLACES T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the consumption of alcoholic beverages in public places is found and declared to be a danger to the health, safety and welfare of the general public and an obstruction to the use of public places by the entire community; NOW THEREFORE, BE IT HEREBY ORDAINED, by the City Council of the City of Morro Bay, California, that Title 9 of the Morro Bay Municipal Code is amended to add a new Chapter 9.18 as follows: Chapter 9.18 ALCOHOLIC BEVERAGES IN CERTAIN PUBLIC PLACES Section 1. Purpose. Consumption of alcohol by individuals in public places frequented by children, visitors and the general public can result in disruption of the free use of and movement within public places. In order to serve the public health, safety and welfare, the declared purpose of this chapter is to prohibit the consumption and possession of alcoholic beverages in certain public areas which are within the City limits of Morro Bay. Section 2. Definitions. For the purpose of this chapter the following words shall be defined as follows: A. "Alcoholic beverage" means alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine or beer, and which contains one -half of one percent or more of alcohol by volume and which is fit for beverage purposes, either alone or when diluted, mixed or combined with other substances. ' ORDINANCE NO. 32"a PAGE 2 • B. "Alcohol Beverage Control (ABC)" means the State of California Alcohol Beverage Control Department. C. "Certain public places" means any public sidewalk, parking area, alley, street, highway, park, facility, building or municipally- owned, leased or operated property designated by resolution of the City Council. Section 3. Prohibition in certain public places. Whenever it is determined by the City Council at a duly noticed public hearing, that the consumption or possession of any open container of alcoholic beverages in any public place creates demonstrated health, safety or welfare hazards to the public the Council, by resolution, may prohibit the consumption or possession of open containers of alcoholic beverages at certain specific public places. This section shall not be deemed to make punishable any such act or acts which are prohibited by the Vehicle Code or by any other law of the State. Section 4. Exceptions in certain public places. The consumption, possession of open containers or sale of alcoholic beverages in certain public places where prohibited by City Council resolution may be expressly permitted by the issuance of a public area use permit for special events, meetings and conferences provided that such permit shall be subject to all conditions, regulations and ordinances of the City and all license requirements of the ABC. Section 5. Public notice of prohibition in certain public places. As determined by City Council resolution, when alcohol consumption or possession of open containers is prohibited in certain public places public notice of the action shall be made through newspaper publication of the act, posting of signs or other appropriate means as may prove necessary. Section 6. Penalty. It shall be unlawful for any person to violate any provision of this chapter. Any person violating or failing to comply with any requirements of this chapter shall be guilty of a misdemeanor and shall be liable under the provisions set forth in Title 1 of this code. ORDINANCE NO. 327 PAGE 3 • PASSED AND ADOPTED at a regular meeting of the City Council of the City of Morro Bay on the 12thday of Sept. , 1988 on the following vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None 42P-I:D edo� D RED , MAYOR ATTEST: ARDITH DA S, CITY CLERK APPROVED AS TO FORM AND EFFECT: •Y SKOUS:e . C ATTORNEY 0 ORDINANCE NO. 325 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY CREATING A MASTER FEE SCHEDULE THE CITY COUNCIL CITY OF MORRO BAY, CALIFORNIA WHEREAS, numerous fees and charges are authorized in the Municipal and State Codes; and WHEREAS, Article XIII B, Section 8(c) of the California Constitution provides that proceeds from regulatory licenses, user charges, and user fees which do not exceed the costs of providing the regulation product or service do not constitute "proceeds of taxes "; and WHEREAS, the City has reviewed its fees, taking into account personnel costs, supply costs, and other costs and finds that the proposed fees are in all cases no more than the actual costs of providing the related service; and WHEREAS, consolidation of these fees into a Master Fee Schedule would provide greater access and understanding of fees; and WHEREAS, annual adjustment of Master Fee Schedule will be necessary to reflect charges in actual costs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, as follows: There is hereby added to the Municipal Code of the City of Morro Bay Chapter 3.34, which is to read as follows: CHAPTER 3.34 MASTER FEE SCHEDULE Sections: 3.34.010 Established 3.34.020 Fee Reviews and Revisions 3.34.030 Terms of Payment 3.34.010 Established The City of Morro Bay Master Fee Schedule is hereby established which shall set forth a consolidated listing of fees as fixed and adopted by the City Council in accordance with the appropriate Municipal and State Codes. Such fees shall in no case exceed the actual cost of providing the related service, • • in compliance with Article XIII B, Section 8(c) of the California Constitution. 3.34.020 Fee Reviews and Revisions Any fees included in the Master Fee Schedule may be reviewed and revised annually by the City Council. The City's cost of providing the services shall be computed and reflected in these fees. The fees shall then be enumerated and the revised Master Fee Schedule adopted by Resolution of the City Council. 3.34.030 Terms of Payment Fees are due and payable upon presentation and shall become delinquent 30 days after presentation. A penalty of 10% shall be imposed on all delinquent fees. Fees that remain unpaid after the delinquent date shall accrue interest at 1% per month. Nothing contained in this chapter shall limit the right of the city to proceed against any customer for any delinquencies due under the Master Fee Schedule. Nothing contained in this chapter shall prevent the city from availing itself of any other legal remedies by which the city might collect such charges, fees or penalties. This Ordinance shall be effective immediately, to meet the usual and current expenses of the City, pursuant to Government Code Section 36937. PASSED AND ADOPTED, on the 23rd day of May, 1988, by the following roll call vote: AYES: NOES: ABSENT: ATTEST: ARDITH DAVIS, City Clerk APPROVED AS TO FORM: JUDY SKO 5EN, ity Attorney DALE REDDELL, Mayor 1 ORDINANCE NO. 324 AN ORDINANCE AMENDING TITLE 17 OF THE MORRO BAY MUNICIPAL CODE SECTIONS 17.32.090 AND 17.40.030(E) AND OFFICIAL ZONING MAP THE CITY COUNCIL City of Morro Bay, California WHEREAS, on November 4, 1986 the voters of the City of Morro Bay adopted Measure B directing the City to amend its Local Coastal Plan and implementing ordinances to redesignate 30 net acres from its present designation as Agricultural, to a combination of District Commercial and Visitor Serving land uses; and WHEREAS, because the amendment has resulted from a public initiative, the City Council is legally bound to adopt it by resolution and forward the amendment to the California Coastal Commission for certification; and WHEREAS, the City has prepared and adopted a related amendment request to the Local Coastal Land Use component of the City's LCP which has been previously submitted to the Coastal Commission for review and certification, and which is currently under consideration by the Commission;. and WHEREAS, the City has prepared the necessary amendments to the zoning ordinance text and map to carry out the intent of Measure B, and the Coastal Land Use Plan amendment request cited above; and WHEREAS, the City has prepared the zoning amendments in full compliance with all requirements of the Coastal Act and the Coastal Commission's Administrative Regulations; and WHEREAS, the City has made the zoning amendments and supporting materials available for public review beginning with a public hearing on February 22, 1988, and continuing for more than six weeks to April 12, 1988, during which time written comments have been received by the City; and WHEREAS, on April 25, 1988 the City Council held a duly noticed PUBLIC HEARING to provide for further public comments and to adopt the zoning ordinance and zoning map amendments. • Ordinance No. 324 Page Two NOW , THEREFORE BE IT RESOLVED by the City of Morro Bay to hereby adopt amendments to Title 17 of the Municipal Code Sections 17.32.090 and 17.40.030(E) and amendments to the official zoning map as shown of the attached Exhibits A and B which are made a part of this ordinance, and be it further resolved that such amendments shall be transmitted promptly to the California Coastal Commission with the request that the Commission certify the amendments as submitted to take effect immediately and automatically upon certification; and BE IT FURTHER RESOLVED, that the City of Morro Bay has found that the zoning amendments are in compliance with the intent, objectives, and policies of the California Coastal Act and that the City will carry out the LCP, including these amendments to the zoning ordinance and map in a manner fully consistent with the California Coastal Act and all its provisions. PASSED AND ADOPTED, by the City Council of the City of Morro Bay at a regular meeting held thereof on the 9th day of May 1988, by the following roll call vote: AYES: Donnelly, Lemons, Odell, Reddell NOES: None ABSENT: Sheetz ATTEST: AVIS;lerk APPROVED AS TO FORM AND LEGAL EFFECT: , City Attorney 1 EXHIBIT "B" MODIFICATIONS TO MUNICIPAL CODE TITLE 17 1. Section 17.32.090 of the Zoning Ordinance (C -1 district) is modified to include nurseries, home improvement centers, and tire shops /auto repair, subject to a Conditional Use Permit and when part of a planned development shopping center of five acres or greater. 2. Section 17.40.030 (E) of the Zoning Ordinance is amended by the addition of a new subsection (1) to read: "In mixed use areas combining two or more commercial designations, the area shall be devoted to approximately equal areas of the uses permitted in the respective commercial designations." Existing subsections E.1., 2., and 3. would be renumbered E 2, 3, and 4 respectively. ORDINANCE NO. 321 ORDINANCE OF THE CITY OF MORRO BAY AMENDING ORDINANCE NO. 67 SECTION 13, ORDINANCE NO. 17 SECTION 1 (PART) AND MORRO BAY MUNICIPAL CODE SECTION 12.04.010: IMPROVEMENTS TO CONFORM TO STANDARDS CITY OF MORRO BAY, CALIFORNIA BE IT HEREBY ORDAINED by the City Council of the City of Morro Bay, California as follows: Ordinance No. 67 Section 13, Ordinance No. 17 Section 1 (Part), and Morro Bay Municipal Code Section 12.04.010: "Improvements to Conform to Standards" is amended to read as follows: "All improvement work done on Public Rights of Way, the tide and submerged lands in Morro Bay Harbor, City owned property, or on easements which are or may be accepted for maintenance by the City, shall conform to the standards prepared by the City Engineer and set forth in "Standard Drawings and improvement Specifications and-- f}resrirtgs," edition of July- 17 -i964 October 5. 1987, which may from time to time be amended and /or added to, and the same is adopted and incorporated as fully as if set out in length herein, and from the date on which the ordinance codified herein takes effect, the provisions thereof shall be controlling within the limits of the City. Improvements specifications and drawings are on file in the office of the City Clerk, the Planning and Building Department and the Department of Public Works for use and examination by the public." Passed and adopted on the 11th day of April 1988 by the following roll call vote: AYES Donnelly, Lemons, Odell, Sheetz, Reddell NOES None ABSENT None ATTES ARDITH DAVIS, City Clerk APPROVED AS TO FORM: Y SKOUS N, City Attorney DALE REDDELL, Mayor ORDINANCE NO. 318 AN URGENCY ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ADOPTING A TIME EXTENSION FOR INTERIM URGENCY ZONING ORDINANCE NOS. 301 AND 304 FOR THE AREAS GENERALLY COVERING PLANNING AREAS 2 AND 5 OF THE LOCAL COASTAL PROGRAM T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City Council of the City of Morro Bay, California, did on the llth day of February, 1987, adopt Ordinance No. 301, an Interim Urgency Zoning Ordinance, authorized by California Government Code § 65858, within the area generally covering Local Coastal Program planning areas 2 and 5; and WHEREAS, said Interim Urgency Zoning Ordinance was extended pursuant to Government Code § 65858(a) for a period of 10 months and 15 days by Ordinance 304 which was adopted on the 23rd day of March, 1987; and WHEREAS, said extended ordinance will automatically expire on February 11, 1987, unless further extended by the Council; and WHEREAS, California Government Code Section 65858(a) allows such ordinances to be extended for one additional year; and WHEREAS, on January 25, 1988 The City Council did adopt a written report in compliance with Government Code Section 65858(d) setting forth a plan of study designed to alleviate the conditions leading to the adoption of Ordinances No. 301 and 304; and WHEREAS, the performance of the above - referenced plan of study will require a period of time extending beyond the duration of Ordinances 301 and 304 unless extended; and WHEREAS, on February 8, 1988 the City Council did con- duct a duly noticed public hearing to consider such a time extension; and WHEREAS, after said duly noticed public hearing the City Council does hereby find that the time extension is necessary based on the findings and reasons cited in Ordinances No. 301 and 304, Resolution No. 97 -87 clarifying said ordinances, the Administrative Record in this matter ORDINANCE NO. 318 Page 2 • • and all relevant City files and records, all of which are incorporated herein by this reference; and WHEREAS, with reference to and based on each of the facts set forth hereinabove, in Ordinances 301 and 304, Resolution 97 -87, the Administrative Record in this matter and all relevant City files and records, the City Council hereby finds there dots exist a current and immediate threat to public safety, health or welfare in that unless the studies are completed, available uses evaluated, and the most appropriate uses determined for such property, there may be irreversible and irreparable harm to the environment and coastal resources all to the detriment of the public health, safety or welfare; and WHEREAS, the City Council hereby finds that this ordi- nance, together with ordinances 301 and 304, is exempt from the provisions of the California Environmental Quality Act; and WHEREAS, the City anticipates that the studies will be complete and applications for amendments to the City's Local Coastal Program submitted for certification to the Coastal Commission by sometime within the next year and that there- after some consistent uses might be allowed without preju- dice to the City's ability to plan and study the area for the public health, safety and welfare; and WHEREAS, during this period of time necessary for studies by the City to resolve the best use and most appro- priate zoning of said area, certain temporary uses, not inconsistent with the purpose and intent of the Interim Urgency Ordinance could be permitted as temporary, special uses; NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: 1. That the City Council of the City of Morro Bay hereby makes the following findings in support of this Ordi- nance and incorporates each herein by reference: A. each and all of the above listed findings and statements, B. all of the findings and statements set forth in Ordinances 301 and 304, C. all of the findings and statements set forth in Resolution 97 -87 clarifying said ordinances, D. the Administrative Record in this matter, and ORDINANCE NO. 318 Page 3 • • E. all relevant City records and files. 2. That pursuant to California Government Code §65858(a), Ordinances 301 and 304 are hereby extended to February 11, 1989; or until the completion date of the above referenced plan of study and effective date of related zoning ordinance amendments whichever first occurs; 3. That during this extension, but terminating together with the Interim Urgency Ordinance, certain tempo- rary uses, not inconsistent with the purpose and intent of the Interim Urgency Ordinance and which would not prejudice the City's ability to plan for the public health, safety and welfare and to re -zone said area, may be permitted pursuant to the guidelines and procedures established in Morro Bay Municipal Code sections 17.60.030, 17.60.040, 17.48.245 and other applicable code sections. Provided, however, that in addition to complying with all requirements set forth in the above referenced Code sections, no such use shall be permitted without the approval of both the Planning Commis- sion and the City Council after public hearings before said bodies. Further, said governing bodies may place such addi- tional conditions on any temporary and /or special uses per- mitted as may appear necessary to preserve the City's ability to plan for the public health, safety and welfare, to re -zone the subject area and to mitigate, as necessary, the issues and concerns expressed in the Interim Urgency Ordinance and other related documents and records. 4. That during this extension applications for Special Exception Variances from the moratorium created by Ordinance 301 may be made and such Special Exception Variances may be granted upon the following conditions: A. Said Special Exception Variances may be granted only when the following circumstances are found to apply: (1) That the Special Exception Variance is found to be consistent with the intent and purpose of the Interim Urgency Ordinance, consistent with any proposed amendments to the City's Local Coastal Program, Land Use Plan and General Plan, consistent with and conforming to the requirements and provisions concerning variances set forth in Morro Bay Municipal Code §§ 17.60.060 et seq; and (2) That the granting of the Special Exception Variance will not be contrary to the public safety, health and welfare; and ORDINANCE NO. 318 Page 4 • (3) That the proposed mitigates each and all of the discussed or listed by the City 301 and 304, Resolution 97 -87 Record in this matter, and the and records; and • project resolves or concerns and issues Council in Ordinances , the Administrative City's relevant files (4) That the applicant has complied with the California Environmental Quality Act; and (5) That the Special Exception Variance will not prejudice the City's ability to plan for the public health, safety and welfare, to re -zone the subject area and to mitigate, as necessary, the issues and concerns expressed in the Interim Urgency Ordinance and related documents and records. B. The Special Exception Variance, if approved, shall authorize the applicant to process, concurrently, an application for a specific development project as detailed in the application for such Special Exception Variance together with related and necessary applications for amendments to the General Plan, Land Use Plan and Local Coastal Program. C. Applications for the Special Exception Variance shall be made in writing by a property owner in a form prescribed by the Community Development Director and shall contain all of the information necessary to process and submit general plan, Local Coastal Plan, and Land Use Plan amendments to the Coastal Commission for certification and also all information required by the Municipal Code for a Pre - submittal Schematic, Preliminary Map, Concept Plan and any other information necessary in the opinion of the Commu- nity Development Director for the Planning Commission and City Council to determine whether the criteria for a Special Exception Variance have been met. D. No such Special Exception Variance shall be granted without the approval, after public hearing, of the Planning Commission, the City Council and the Coastal Commission. 5. That during this extension of the Interim Urgency Ordinance, minor changes to existing structures and facilities which will not prejudice the City's ability to plan for the public health, safety and welfare and to re- zone the subject area, may be permitted upon approval of the Planning Commission and City Council after public hearings thereof. ORDINANCE NO. 318 Page 5 6. That the City Council hereby adopts Ordinance No. 318 as an Interim Urgency Ordinance pursuant to Government Code §65858 which shall take effect immediately upon its adoption. PASSED AND ADOPTED, on the 8th day of February, 1988, by the following roll call vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None ATTEST: ad-z ARDITH DAVIS, City Clerk APPROVED AS TO FORM: JUD1 S O i(72AA- City Attorney DALE REDDELL, Mayor • ORDINANCE NO. 317 AN ORDINANCE OF THE CITY OF MORRO BAY PROHIBITING PUBLIC NUDITY T H E C I T Y C O U N C I L CITY OF MORRO BAY, CALIFORNIA BE IT HEREBY ORDAINED, by the City Council of the City of Morro Bay, California as follows: SECTION 1: FINDINGS AND INTENT The City Council finds and declares that all citizens and members of the public are entitled to use the beaches, parks, playgrounds and other natural resources in the City; it is in the public interest and necessary to the public health, safety and welfare that said beaches, parks, play- grounds and resources be utilized and enjoyed by as many persons as possible; the appearance of persons thereon without clothing and with the private parts of their bodies exposed interferes with the right of all persons to use and enjoy said parks, beaches and other resources by causing many persons to leave and others not to come to said places and by causing embarrassment, discomfort and offense to persons living in the vicinity thereof; and such nudity imposes an extraordinary burden on City employees charged with the maintenance and safety thereof. It is the intent of the Council to prohibit nudity in said places, irrespec- tive of sexual motives or conduct. SECTION 2: PROHIBITION No person shall appear, bathe, sunbathe, walk, dress or undress or be on or in any public beach or the waters adjacent thereto, park, playground, square, preserve, avenue, street, lane alley or other public land or on or in any private property opened to the public view from any public beach, playground, park, public place or public right -of -way within the incorporated area of the City in a such a manner that the genitals, vulva, pubis, pubic hair, buttocks, crease of the buttocks, natal cleft, perineum, anus, anal region or pubic hair region of any person or any portion of the breast at or below the areola thereof of any female person is exposed to public view or is not covered by an opaque covering. 1 • SECTION 3: EXEMPTIONS This chapter shall not apply to: A. Children under the age of eight years; B. Live theatrical performances performed in a theater, concert hall, or other similar establishment located on public land. SECTION 4: VIOLATION -- PENALTY Any person violating the provisions of this chapter is guilty of an infraction and upon conviction thereof shall be punished as set forth in Title I of the Municipal Code. PASSED AND ADOPTED by the Morro Bay City Council on the 25th day of January, 1988 on the following vote: AYES: Donnelly, Lemons, Sheetz, Reddell NOES: None ABSENT: Odell ATTEST: 4<e z .ocNo ARDITH DAVIS, City Clerk CI— DALE REDDELL, Mayor. • ORDINANCE NO. 316 AN ORDINANCE AMENDING MORRO BAY MUNICIPAL CODE SECTION 17.50 BEING A NEW SECTION OF THE ZONING ORDINANCE THE CITY COUNCIL City of Morro Bay, California The City Council of the City of Morro Bay does ordain that Section 17.50 of the Morro Bay Municipal Code be amended by addition of a new section containing the provisions described in Exhibit "A" attached hereto. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof, held on the 14th day of December, 1987, by the following roll call vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None ATTEST: LaxAan ARVTS, Oily OTerl alrigg ayor APPROVED AS TO FORM AND LEGAL EFFECT: EN,tity AEforney • CHAPTER 17.50 AFFORDABLE HOUSING DENSITY BONUSES AND INCENTIVES Sections: 17.50.010 17.50.020 17.50.030 17.50.040 17.50.050 17.50.060 Purpose And Intent Definitions Single Family Residential District Density Bonuses And Incentives Multiple Family Residential District Density Bonuses And Incentives Condominium Conversion Density Bonuses And Incentives Direct Financial Contribution 17.50.010 Purpose And Intent. The purpose and intent of these regulations are: A. To promote and facilitate the provision of low and moderate income housing consistent with provisions of Government Code Section 65915 and the Housing Element of the General Plan. B. To establish guidelines to assist prospective developers of low and moderate income housing including requirements for City approval of density bonus' and other incentives of significant financial value. 17.50.020 Definitions For the purposes of this chapter, the following words shall have the following meaning: A. "Single Family Residential Density Bonus" means a density increase of at least 25 percent over the otherwise maximum allowable residential density under the applicable zoning district (R -A, or R -1) Land Use Element of the General Plan and Local Coastal Program Land Use Plan. The density bonus shall not be included whert determining the number of housing units which is equal to 10 or 25 percent of the total. The density bonus shall apply to housing developments consisting of five or more dwelling units. B. "Multiple Family Residential Density Bonus" means a density increase of at least 50 percent over the otherwise maximum allowable residential density under the applicable zoning district (R -2, R -3, or R -4) and Land Use Element of the EXHIBIT A LCP /ZOA 08 -67 - Densacy Bonus • Page 2 General Plan or Local Coastal Program Land Use Plan. The density bonus shall not be included when determining the number of housing units which is equal to 20 or 50 percent of the total. The density bonus shall apply to housing developments consisting of five or more dwelling units. C. "Condominium Conversions Density Bonus" shall mean an increase in units of 25 percent over the number of apartments, to be provided within the existing structure or structures proposed for conversion. D. Low to moderate income is defined in Health and Safety Code Section 50093, lower income in Health and Safety Code Section 50079.5, and in the City's Housing Element of the General Plan. Section 17.50.030 Simile Family Residential District Density -Bonuses Incentives. (A) When a developer of housing agrees to construct at least (1) 25 percent of the total units of a housing development for persons and families of low or moderate income, or (2) 10 percent of the total units of a housing development for lower- income households, or (3) 50 percent of the total dwelling units of a housing development for qualifying residents, as defined in Section 51.3 of the Civil code, the city shall either (1) grant a single family residential density bonus or (2) provide other incentives of equivalent financial value. (B) A developer may submit to the city a preliminary proposal for the development of housing pursuant to this section prior to the submittal of any formal requests for general plan amendments, zoning amendments, subdivision map approvals, conditional use permits, coastal development permits, or other discretionary entitlements. The city shall, within 90 days of receipt of a written proposal, notify the housing developer in writing of the manner in which it will comply with this section. Such determination by the City shall be based on a public hearing and approved by the City Council. (C) Incentives may be considered by the City, at its option, as an alternative or partial alternative to the density bonuses defined above, or as a means of encouraging a developer to provide a higher percentage of low and moderate income housing in the project. (D) Incentives utilized by the City may include some combination of reduced fees, modified development standards, expedited processing procedures, provision of water at reduced cost, direct financial subsidy, or grant assistance or other LCP /ZOA 08 -87 - Difity Bonus ` Page 3 incentives described in Government Code Section 65913.4. These incentives will be designed to provide "equivalent financial value" by project basis through cooperation and negotiation with the developer. (E) If a developer agrees to construct both 25 percent of the total units for persons and families of low or moderate income and 10 percent of the total units for lower- income households, the developer is entitled to only one density bonus although the city may, at its discretion, grant more than one density bonus. Section 17.50.040 Multiple Family Residential District Density —Bonus and incentives (A) When a developer of housing agrees to construct at least (1) 50 percent of the total units of a housing development for persons and families of low or moderate income, or (2) 20 percent of the total units of a housing development for lower- income households, or (3) 100 percent of the total dwelling units of a housing development for qualifying residents, as defined in Section 51.3 of the Civil code, the city shall either (1) grant a multiple family residential density bonus or (2) provide other incentives of equivalent financial value. (B) A developer may submit to the city a preliminary proposal for the development of housing pursuant to this section prior to the submittal of any formal requests for general plan amendments, zoning amendments, subdivision map approvals, conditional use permits, coastal development permits, or other discretionary entitlements. The city shall, within 90 days of receipt of such written proposal, notify the housing developer in writing of the manner in which it will comply with this section. Such determination by the City shall be based on a public hearing and approved by the City Council. (C) Incentives may be considered by the City, at its option, as an alternative or partial alternative to the density bonuses defined above, or as a means of encouraging a developer to provide a higher percentage of low and moderate income housing in the project. (D) Incentives utilized by the City may include some combination of reduced fees, modified development standards, expedited processing procedures, provision of water at reduced cost, direct financial subsidy, or grant assistance or other incentives described in Government Code Section 65913.4. These incentives will be designed to provide "equivalent financial value" by project basis through cooperation and negotiation with the developer. LCP /ZOA 05 -87 - DensiLy Bonus Page 4 • (E) If a developer agrees to construct both 50 percent of the total units for persons and families of low or moderate income and 20 percent of the total units for lower- income households, the developer is entitled to only one density bonus although the city may, at its discretion, grant more than one density bonus. Section 17.50.050 Density Bonuses And Other Incentives For Condominium Conversions. (A) When an applicant for approval to convert apartments to a condominium project agrees to provide at least 33 percent of the total units of the proposed condominium project to persons and families of low or moderate income, or 15 percent of the total units of the proposed condominium project to lower income households as defined in the Housing Element of the General Plan, and agrees to pay for the reasonably necessary administrative costs incurred by the city, the city shall either (1) grant a density bonus or (2) provide other incentives of equivalent financial value. The City may place such reasonable conditions on the granting of a density bonus or other incentives of equivalent financial value as it finds appropriate, including, but not limited to, conditions which assure continued affordability of units to subsequent purchasers who are persons and families of low and moderate income or . lower income households. (B) For purposes of this section, "other incentives of equivalent financial value" shall not be construed to require the city to provide cash transfer payments or other monetary compensation but may include the same types of incentives described in 17.50.030 (D) above. (C) An applicant for approval to convert apartments to a condominium project may submit to the city a preliminary proposal pursuant to. this section prior to the submittal of any formal requests for subdivision map approvals. The city shall, within 90 days of receipt of a written proposal, notify the applicant in writing of the manner in which it will comply with this section. Such determination by the city shall be based on a public hearing and approved by the City Council. (D) An applicant shall be ineligible for a density bonus or other incentives under this section if the apartment proposed for conversion constitute a housing development for which a density bonus or other incentives were previously provided by the city. (E) Nothing in this section shall be construed to require the city to approve a proposal to convert apartments to condominiums. LCP /ZOA 08 -67 - Delkty bonus • Page 5 17.50.060 Direct Financial Contribution Where there is a direct financial contribution to a housing development pursuant to this chapter through participation in cost of infrastructure, write -down of land costs, or subsidizing the cost of construction, the city, shall assure continued availability for low- and moderate - income units for 30 years. Deed restrictions or other binding legal measures that will control resale of the units in such a manner as to assure the long term affordability of these units to low and moderate income persons shall be prepared by the City and accepted by the housing developer as a condition of project approval. • ORDINANCE NO. 315 AN ORDINANCE OF THE CITY OF MORRO BAY ESTABLISHING A SELF - INSPECTION FIRE SAFETY PROGRAM T H E C I T Y C O U N C I L CITY OF MORRO BAY, CALIFORNIA BE IT HEREBY ORDAINED, by the City Council of the City of Morro Bay, California as follows: SECTION 1: FINDINGS OF PURPOSE AND INTENT It is the purpose of this Chapter, by the creation of a fire safety self- inspection program, to promote the public health, safety and welfare by better protecting the citizens of Morro Bay from the dangers to life and property caused by fire and panic. The new program will: A. Better insure that regular annual inspections of premises within the City occur; B. Provide better fire prevention and fire prevention education to the public; C. Minimize expenditure of public money for annual inspections of premises within the City; D. Minimize inconvenience and work interruptions to owners of premises to be inspected. SECTION 2: FIRE SAFETY SELF - INSPECTION PROGRAM A Fire Safety Self- Inspection program is hereby established to be administered and conducted as set forth herein. SECTION 3: DEFINITION The term "B -2" premises, as used in this ordinance, shall mean those drinking and dining establishments having an occupant load of less than 50, wholesale and retail stores, office buildings, • • printing plants, municipal police and fire stations, factories and workshops using materials not highly flammable or combustible, storage and sales rooms for combustible goods, paint stores without bulk handling and buildings or portions of buildings having rooms used for educational purposes beyond the 12th grade with less than 50 occupants in any room, all as defined in Section 9.117, Group B, Division 2 of the Uniform Fire Code. SECTION 4: FUNCTION OF SELF - INSPECTION PROGRAM A. The Morro Bay Fire Department shall prepare and distribute "Self- Inspection Worksheet" forms to the owner or person having control of each of the "B -2" premises within the City on an annual basis. B. The owner or person having control of the premises shall conduct an inspection for fire safety following directions contained within said self- inspection forms, complete said forms and return completed forms to the Morro Bay Fire Department within fifteen calendar days from issue date, as shown on the Self- Inspection Worksheet. SECTION 5: PENALTY FOR FAILURE TO COMPLY Failure to conduct the required inspection to complete and /or return the Self- Inspection worksheets within the time specified shall constitute a misdemeanor /infraction punishable as set forth in title I. Any person knowingly or intentionally misrepresent- ing any material fact on the Self- Inspection forms is guilty of a misdemeanor /infraction punishable as set forth in Title I of this Code. SECTION 6: LIABILITY FOR DAMAGES This Code shall not be construed to hold the public entity or any officer or employee responsible for any damage to persons or property by reason of the inspection or reinspection authorized herein, or by reason of the approval or disapproval of any equipment or process authorized herein, or for any action in connection with the control or extinguishment of any fire or in connection with any other official duties. SECTION 7: VALIDITY OF ORDINANCE If any section, subsection, sentence,, clause or phrase of this ordinance shall for any reason be invalid, such holding or hold- ings shall not affect the validity of the remaining portions of this ordinance. The City of Morro Bay has declared that it would have passed this ordinance and each section, subsection, 2 sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentence, clause or phrase thereof, be declared invalid. PASSED, APPROVED AND ADOPTED by the Morro Bay City Council on this 14th day of December, 1987, on the following vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None ALE REDDELL, Mayor ATTEST: ARDITH DAVIS, City Clerk APPROVAL AS TO FORM AND LEGAL EFFECT: 3 • • ORDINANCE NO. 314 THE CITY COUNCIL City of Morro Bay, California TEMPORARY SIDEWALK SALES AND DISPLAY ORDINANCE The City Council of the City of Morro Bay does hereby ordain as follows: SALES ON STREETS AND SIDEWALKS Sections: 1. Purpose of provisions. 2. Permit - Required. 3. Permit - Issuance - Conditions and limitations 4. Permit -Hold harmless clause required. 5. Citizens Review Committee 6. Permit - Revocation - Appeal. 7. Expiration of Ordinance 1. Purpose of Provisions. The Council finds that the businesses in the downtown area, comprised of Morro Bay Blvd. and adjacent side streets is a unique and special area of the City in which increased business activity is desired. Said special area is herein specified in Exhibit A, a map of the area incorporated herein by reference. The Council further finds that carefully controlled and restricted use of the public sidewalks by adjacent merchants for the display of merchandise may be beneficial to successful business operations and development, and therefore to the welfare of the City in general. It is the intent of the Council to regulate sales on the streets and sidewalks in order to insure the safe and unobstructed passage of all pedestrians and motorists using the public right -of -way, and to maintain and enhance the aesthetic characteristics of the downtown area. 2. Permit - Required. No person shall leave, place or cause to be placed, any personal property upon any sidewalk, gutter, alley or street within the city, whether or not such property constitutes merchandise of any store, without first obtaining a city permit authorizing same. The "personal property" referred to in this section includes, but is not limited to, produce, merchandise, SPECIAL SIDEWALK DIIAY ORDINANCE NO. 314 PAGE 2 store boxes, store substances, or materials, signs or any other object or implement of any class, kind or character. This section shall not be construed to prohibit parking of bicycles and vehicles where otherwise allowed. 3. Permit- Issuance - Conditions and limitations. The Community Development Director may issue use permits for sidewalk sales subject to the following conditions and limitations: A. Applicants must possess a valid city business license and any necessary county health permits. Applicants must have a fixed place of business located within the special area denoted in Exhibit A; street vendors not meeting this qualification are expressly prohibited from operating under the provisions of these permits. B. Each permit shall expressly provide that sidewalk sales shall be limited to Saturdays and three day holiday weekends between the hours of eight a.m. and six p.m. C. The applicant shall submit a site plan indicating the location of the operation, relative to surrounding buildings, parking lots and public rights -of -way, as well as such other information deemed necessary by the Community Development Director. D. Each permit shall expressly provide that any personal property or merchandise placed upon the sidewalk pursuant to the permit shall extend no further along the sidewalk than the exterior limits of the merchant's place of business. E. Each permit shall expressly state, and the permittee shall agree, that in all cases a minimum sidewalk width of five feet shall be kept clear of any obstruction at all times. F. Each permit shall be issued for a period ending on September 30, 1988 unless terminated sooner as provided herein. G. Each permit shall specify all signage to be used in the conduct of the sidewalk sale; provided, that pedestal and /or A -frame type signage shall be allowed through May 30, 1988, at which time the Review Committee shall determine the continuance of permitting these specific types of signs. Signage shall be allowed only for the purpose of stating that a sale is in progress or the price of items or articles for sale. H. The Community Development Director may approve a permit subject to additional conditions as he finds reasonable and appropriate. Said permit shall be at no cost to the applicant to September 30, 1988. 1 SPECIAL SIDEWALK DIIAY ORDINANCE NO. 314 . PAGE 3 I. Each applicant shall secure and provide to City a comprehensive public liability and property damage insurance policy naming the City as an additional insured in amounts and on the terms as approved by the City Risk manager. 4. Applicant to Indemnify City. As a further condition of any permit granted pursuant to this chapter, each applicant shall agree and shall sign a written agreement so stating, as part of the permit granted, to hold the City harmless from, to defend the City against, and to indemnify the City from, all claims, demands and suits made against the City, its officers, or its employees, including attorney's fees and court costs incurred by the City arising from any act or omission on the part of the applicant, its officers, employees, subcontractors, agents, guests, invitees or those entities participating in any sales activities sponsored by the applicant, in the prosecution of activities authorized by the permit. 5. Citizens Review Committee A Special Citizen Review Committee shall be established by the City Council consisting of five members: two downtown merchants participating in sidewalk sales; one downtown merchant not participating; one representative of a civic group concerned with aesthetics; one public member at large. The Special Committee which shall serve during the period this special sidewalk display ordinance is in effect, shall have the following duties: A. Assist in reviewing all applications for sidewalk sale permits and make recommendations to the Community Development Director on approval or denial of each based on its conformance to the ordinance. B. At the request of the Community Development Director conduct periodic site inspections to determine compliance with permit requirements for each permittee, to meet with permittees to discuss positive and negative effects of sidewalk sales. C. Prepare a list of suggested modifications to the special ordinance in the final month prior to the expiration of the special ordinance. 6. Permit — Revocation — Appeal. Any permit issued pursuant to this chapter may be revoked for the reasons and in accordance with the procedures set forth in Chapter 17.61 of the Morro Bay Municipal Code. SPECIAL SIDEWALK DAILY ORDINANCE NO. 314 PAGE 4 7. Expiration of Special Ordinance This ordinance will expire September 30, 1988. At that time permanent modifications to the City's street sales ordinances may be proposed, based on the experience of this special ordinance. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof, held on the 23rd day of November, 1987, by the following roll call vote: AYES: Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: Donnelly ATTEST: APPROVED AS TO FORM AND LEGAL EFFECT: ity Attorney EXHIBIT "A" The street right -of -ways shaded in gray generally designate those areas where temporary sidewalk sales and display struc- tures are permitted. 1 ORDINANCE NO. 313 AN ORDINANCE AMENDING CHAPTER 13.04 OF THE MORRO BAY MUNICIPAL CODE ALTERING THE UTILITY BILLING CYCLE T H E C I T Y C O U N C I L City of Morro Bay, California The City Council of the City of Morro Bay, California, does hereby ordain: Section 1 Section 13.04.190b, Rendering of Bills, Billing Period, of the Morro Bay Municipal Code is amended to read as follows: B. Billing Period. The regular billing period shall be every month. Section 2 Section 13.04.200c, Payment of Bills, of the Morro Bay Municipal Code is amended to read as follows: C. Water bills shall be payable on the date of presentation and shall become delinquent on and after the last day of that month. PASSED, ADOPTED AND APPROVED on this 26th day of October 1987 by the following vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None DALE REDDELL, Mayor ATTEST: ARDITH DAVIS, City Clerk ORDINANCE NO. 311 AN ORDINANCE AMENDING, REPEALING AND ENACTING CERTAIN MUNICIPAL CODE SECTIONS IN TITLES 1, 2, 5, 8, 9, 14, 15, AND 17 CONCERNING ZONING AND CODE ENFORCEMENT AND INCREASING PENALTIES FOR VIOLATION THEREOF T H E C I T Y C O U N C I L CITY OF MORRO BAY, CALIFORNIA WHEREAS, the enforcement provisions in the Municipal Code are outdated and sometimes inconsistent; and WHEREAS, the position of Code Enforcement Officer has been funded in the current budget; and WHEREAS, the City Council of the City of Morro Bay has determined that certain revisions to the Municipal Code will better provide for the fair, orderly and equitable enforce- ment of the provisions in said Municipal Code; and WHEREAS, the California Penal Code has been amended by the State legislature to increase the penalty for a misdemeanor; NOW, THEREFORE, BE IT HEREBY ORDAINED, by the City Council of the City of Morro Bay, California, that the sections contained in the attached Exhibit A are AMENDED, REPEALED AND ADOPTED as set forth therein. PASSED AND ADOPTED by the Morro Bay City Council on this 12th day of October, 1987 on the following vote: AYES: Donnell, Odell, Sheetz, Reddell NOES: None ABSENT: Lemons ATTEST: ITH DAVIClerk DALE REDDELL, Mayor • EXHIBIT A TITLE 1 CHAPTER 16 1.16.010 Violation Deemed Misdemeanor /Infraction. No person shall violate any provision, or fail to comply with any of the requirements of this Code. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Code, any ordinance of the City or any Code adopted by reference in this Code shall be guilty, unless otherwise specified, of a misdemeanor/ infraction. Any person convicted of a misdemeanor under the provisions of this Code, shall be punishable by a fine of not more than one thousand dollars, or by imprisonment in the city or county jail for a period of not exceeding six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Code is committed, continued, or permitted by such person and shall be punishable accordingly. 1.16.020 Prosecution of Misdemeanor /Infraction. Every violation of this Code designated a misdemeanor /infraction shall be a misdemeanor; provided that, where the City Attorney has determined that such action would be in the best interests of justice, the City Attorney may specify in the accusatory pleading that the violation shall be an infraction and the violation shall be prosecuted as an infraction. 1.16.030 Penalties for Infractions. Each and every violation of a provision of this Code which is an infraction is punishable by: (1) A fine not exceeding One Hundred Dollars ($100.00) for the first violation; (2) A fine not exceeding Two Hundred Dollars ($200.00) for a second violation of the same provision within one year; (3) A fine not exceeding Five Hundred Dollars ($500.00) for each additional violation (after the second) of the same provision within one year of the first violation. 1.16.040 Nuisance Abatement. In addition to the penalties herein provided, any condition caused or permitted to exist in violation of any of the provision of this Code shall be deemed a public nuisance and may be abated by this City, either summarily or otherwise as appropriate under law, at the expense of the person or persons creating, causing, committing or maintaining it and such expense shall be a lien against the property on which the nuisance is 1 • maintained and shall be a personal obligation against the owner of such property. 1.16.050 Code Enforcement Officer. The title of Code Enforcement Officer is hereby created. The duties of such named public officer shall be limited to the enforcement of municipal code violations, and such person shall be authorized to exercise the powers set forth in Section 836.5 of the California Penal Code and to make arrests only for the purpose of issuing citations for violations of the Municipal Code which constitute infractions or misdemeanors. A. The Code Enforcement Officer shall have the following responsibilities and authority: 1. Under the supervision of the City Administrator, to enforce compliance by the public with all provisions of the municipal code; 2. To discuss with suspected violators, the provisions of the Code in order to secure voluntary compliance with its provisions; 3. With the approval of the City Administrator, to initiate all necessary proceedings to abate nuisances in the manner set forth in Chapter 8.14 of this Code; 4. To promulgate and enforce such written rules, guidelines or other regulations as may be necessary to administer and enforce the provisions of Chapter 8.14; B. The Code Enforcement Officer shall also have such powers as follows: 1. With the approval of the City Administrator, to delegate the responsibilities and powers to enforce a specific provision of the code or to correct one or more specific violations of the Code to another city department or official; 2. With the approval of the City Administrator, to require the Chief of Police and any and all officers of the City otherwise charged by law with the enforcement of the Code and any and all of its provisions to render assistance in the enforcement of any and all of the provisions of the Code. 1.16.060 Code Enforcement. The Chief of Police, Fire Chief, Harbor Director, Director of Public Works, Building Official, Code Enforcement Officer and other designated persons shall be responsible for enforcement of the various provisions of this Code under their respective authority or as is specifically assigned to them by this Code. A. Police Officers have full authority to arrest persons for violations of any provision of this Code pursuant to the provisions of the California Penal Code. B. The Fire Chief and full -time safety members of the Fire Department shall have the powers of a peace officer in performing their duties under this Code, and shall have the powers of a peace officer as provided in California Penal Code, Sections 830.31 and shall have the authority to arrest 2 o • persons pertaining to fire regulations or otherwise within their enforcement authority. This authority is in addition to all other authority provided by law. C. Harbor Patrol Officers shall be public employees and not Peace Officers but shall have the authority to arrest persons pursuant to California Penal Code Section 836.5 for violations of Title 15 of this Code. This authority is in addition to all other authority provided by law and other sections of this Code. D. The Building Official and Code Enforcement Officer, and their respective designees, are hereby authorized to arrest persons pursuant to Penal Code Section 836.5 without warrant whenever they have reasonable cause to believe that the person to be arrested has committed in their presence a misdemeanor, misdemeanor /infraction, or infraction, consisting of a violation of the provisions of this Code or any other regulation, ordinance or statute which the Building Official or Code Enforcement Officer has a duty to enforce. 1.16.070 Citation Procedure for Violations. A. Any City officer or employee arresting any person for a violation of any provision of this Code, who does not immediately take such arrested person before a magistrate, as prescribed in the California Penal Code, shall prepare in duplicate a written notice to appear in court. The notice shall contain: 1. The name and address of the person arrested; 2. The offense charged, the time and place of the alleged violation; 3. Where and when such person shall appear in court. The time specified in the notice for appearance must be at least ten days after such arrest. The place specified in the notice to appear and the notice shall be in conformity with the applicable provisions of the Penal Code of the state. B. The arresting city officer or employee shall deliver one copy of the notice to appear to the alleged violator; the alleged violator in order to secure immediate release must give a written promise to so appear in court at the time and place indicated on the notice by signing the duplicate notice, which signed copy shall be retained by the city officer or employee. Thereafter, the arresting city officer or employee shall release forthwith from custody the person so arrested. The duplicate copy of the notice to appear shall be filed in the manner prescribed in the Penal Code of the state. 1.16.080 Failure to Appear. Any person who willfully violates a written promise to appear in court by failing to appear at the time and place stated shall be deemed guilty of a misdemeanor regardless of the disposition of the charge upon which he was originally arrested. • 1.16.090 Warrant for Arrest Upon Failure to Appear. When a person signs a written promise to appear at the time and place specified therein, and has not posted bail as provided in the Penal Code of the state, the magistrate shall issue and have delivered for execution a warrant for his /her arrest within twenty days after such person has failed to appear as promised, or if such person promises to appear before an officer authorized to accept bail, other than a magistrate, and fails to do so on or before the date which s /he promised to appear, then within twenty days after delivery of such written promise to appear by the officer to the magistrate having jurisdiction over the offense, such magistrate shall issue and have delivered for execution a warrant for his /her arrest. When such person violates his /her promise to appear before an officer authorized to receive bail other than a magistrate, the officer shall immediately deliver to the magistrate having jurisdiction over the offense charged the written promise to appear and the complaint, if any, filed by the arresting officer or employee. 1.16.100 Attorney's Fees. In any civil action commenced by the City to abate a public nuisance, to enjoin a violation of any provision of this Code, or to collect a civil debt owing to the City, the City shall be entitled to recover from the defendant in any such action reasonable attorney's fees and costs of suit. TITLE 2 2.12.070 Code Enforcement Duty. It shall be the duty of the City Administrator to enforce all laws and ordinances of the City and to see that all franchises, contracts, permits, licenses and privileges granted by the City Council are faithfully observed. Pursuant to the duty to enforce this Code the City Administrator shall designate one or more city employee(s) as the Code Enforcement Officer established by Section 1.16.050 of this Code. TITLE 5 5.12.010 Duties of Collector. It shall be the duty of the collector, and s /he is directed, to enforce each and all of the provisions of this title. The Code Enforcement Officer and the Chief of Police shall render such assistance in the enforcement hereof as may from time to time be required. The collector, in the exercise of his /her duties imposed upon her /him hereunder, and acting through deputies or duly authorized assistants or the Code Enforcement Officer or the Chief of Police, shall examine or cause to be examined places of business in the City to ascertain whether the provisions of this title have been complied with. 4 • • The collector and each and all of the collector's deputies, duly authorized assistants, the Code Enforcement Officer and the Chief of Police and any police officer shall have the power and authority to enter, free of charge and at any reasonable time, any place of business required to be licensed herein, and demand an exhibition of its license certificate. 5.12.030 Penalty for Violation. Any person violating any of the provisions of this title or knowingly or intentionally misrepresenting to any officer or employee of the City any material fact in procuring the license or permit herein required is guilty of a misdemeanor/ infraction, punishable as set forth in Title 1 of this Code. TITLE 8 8.04.050 Penalties. Any person operating without a permit and any person violating the City Code is guilty of a misdemeanor /infraction, punishable as set forth in Title 1 of this Code. 8.08.100 Violation -- Penalty. It shall be a misdemeanor, punishable as set forth in Title 1 of this Code, for any person, during an emergency, to: Chapter 8.12 WEED ABATEMENT 8.12.010 Nuisance Weeds, Brush and Debris Defined. Nuisance weeds, brush and debris means all weeds growing upon streets, sidewalks or private property and includes any of the following: 5 A. Weeds which bear seeds of a downy or wingy nature; B. Sage brush, chaparral and other bush or weed which attain such large growth as to become, when dry, a fire menace to adjacent property; C. Weeds which are otherwise noxious or dangerous; D. Poison oak and poison ivy when conditions of growth are such as to constitute a menace to the public health; E. Dry grass, stubble, brush, litter or other flammable material which endangers the public safety by creating a fire hazard or public nuisance; 8.12.030 Allowing on Premises. No owner, agent, lessee or other person occupying or having charge or control of any building, lot or premises within the City shall permit nuisance weeds, brush or debris hazardous to the public health, welfare or safety to remain upon the premises and each such owner, agent, lessee or other person shall be • subject to the requirements and procedures prescribed in this chapter. 8.12.040 Notice to Remove. Whenever the enforcement official finds nuisance weeds, brush or debris upon any property, lands or lots within the City which may be or become a fire hazard, or may endanger or injure neighboring property, or may be otherwise hazardous to the public health, welfare or safety, a notice to remove such nuisance weeds, brush or debris shall be given to any one of the person or persons specified in Section 8.12.030. At the time the notice to remove is served as provided herein, the enforcement official shall cause a copy of the notice to remove together with a written declaration under penalty of perjury certifying such service to be recorded in the office of the City Clerk. 8.12.050 Method of Notification. Each person, as specified in this chapter, shall be notified by mail, or by the posting of property or by hand delivery of the requirement to abate nuisance weeds, brush or debris determined to be hazardous to the public health, welfare or safety. In addition, and if the nature of the nuisance weeds, brush or debris does not constitute an immediate danger to the public health or safety, notification shall be published in a newspaper of general circulation adjudicated for publication of legal notices. The most current tax assessor's list shall be the basic source for determining ownership and mailing addresses for any property owners requiring notification. 8.12.060 Time to Remove. Nuisance weeds, brush or debris which do not constitute an immediate danger to the public health, welfare or safety shall be removed within thirty days of the postmarked date of the mailed notification or within thirty days of the date of publication of the general notice as published in a newspaper qualified to publish legal notices, whichever time is later. Nuisance weeds, brush or debris which do constitute an immediate danger to the public health, welfare or safety shall be removed by no later than midnight of the day following the postmarked date of a mailed notification or within twenty -four hours of the time of hand delivery. 8.12.070 Appeal from Notice. Any person, property owner, or his duly authorized agent, affected by the notice to remove nuisance weeds, brush or debris which do not constitute an immediate danger to the public health, welfare or safety, may appeal to the city council from the requirements thereof. Such appeal shall be in writing and shall be filed with the City Clerk within ten days of the date of notification established by Section 8.12.060. In the case of the requirement to remove within twenty -four 6 s • hours, appeal shall be made to the City Clerk, or his /her designated representative, within the time required to remove as established by Section 8.12.060. Notification of the time and date for hearing appeals concerning the notice of removal within thirty days, shall be published at least ten days prior to the hearing in a newspaper qualified to publish legal notices. At the time and date of the hearing, the City Council shall hear and consider any and all objections to the proposed removal and may continue the hearing from time to time. The City Council shall allow or overrule any and all objections, if any, and its decision thereupon shall be final and conclusive. If upon appeal, the requirements of the original notice are modified, the enforcement official, in causing removal or abatement, shall be governed by the determination of the council so made. In the absence of a council determination to the contrary, regarding abatement or removal of nuisance weeds, brush or debris which do not constitute an immediate danger, removal or abatement shall be accomplished within such time as may be determined by the City Administrator, or his /her designated representative, after the appeal is heard. 8.12.090 Failure to Remove or Abate. If any property owner, after being notified as provided for in this chapter, fails, neglects or refuses to abolish, abate or remove, within the times herein prescribed, any of the nuisance weeds, brush or debris mentioned in this chapter, then the City may abate or remove the same and the enforcement officer is expressly authorized to enter upon private property for that purpose. The charge of such abatement or removal by the City is listed in the Master Fee Schedule, and shall be assessed upon the lots, lands or property from which nuisance weeds, brush or debris were abated or removed, and such cost shall constitute a lien upon such lots, lands, or property until paid, and will be collected upon the next tax roll upon which general municipal taxes are collected. 8.12.100 Record of Removal Expense. The enforcement official shall keep a permanent record showing the description of each property or lot from which nuisance weeds, brush or debris are ordered to be removed; the name of the property owner thereof, if known; the date of notification to abate; and, in case of appeal, a record of the date of the determinations of the City Council and an account of the cost of abating such nuisance. Such record shall include an assessment list of charges and shall be filed with the City Clerk from time to time but no later than the first day of August each year. 1 8.12.120 Collection of charges. The amount of the cost of abatement shall constitute a special assessment against lots or property from which the nuisance weeds, brush or debris have been abolished, abated or removed by the City and shall constitute a lien upon such property until paid. Such charges may be paid to the City Clerk separately from city taxes at any time prior to the first day of August of the year in which unpaid charges are to be added to the county tax roll. Upon such payment, the City Clerk shall cause an appropriate entry to be made on the assessment record for the property showing that such charge was paid in full On or before August tenth of each year, the City Clerk shall cause a copy of the abatement charges to be filed with the County Auditor, in order that the County Auditor may enter each assessment on the county tax roll opposite the property referred to. Thereafter, such amounts shall be collected at the same time, and in the same manner, as general city taxes are collected, and shall be subject to the same penalties and the same procedure and sale in the case of delinquency as provided by law for city taxes. All laws and ordinances applicable to the levy, collection and enforcement of city taxes are hereby made applicable to such special assessments. Chapter 8.14 Public Nuisance 8.14.010 Purpose and Intent. The purpose and intent of these regulations are as follows: A. To define public nuisances and make violations of this Code as public nuisances those conditions which are considered harmful and /or deleterious to the public health, safety, and welfare of the citizens of Morro Bay; B. To develop regulations that will promote the sound community appearance, and the social, economic, and environmental conditions of the community; C. To establish guidelines for the correction of nuisances that afford due process and procedural guarantees to affected property owners. 8.14.020 Definitions. Public Nuisance is defined as anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood, or by any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable bay, stream, or basin, or any public park, square, street, or highway and includes but is not limited to the following: A. Buildings which are abandoned, boarded up, partially destroyed, or left unreasonably in a state of partial construction; 8 1 • B. Unpainted buildings or buildings with peeling paint in such a condition as to: 1. Cause dry rot, warping, and termite infestation, or 2. Constitute an unsightly appearance that detracts from the aesthetic or property value of neighboring properties; C. Broken windows constituting hazardous conditions and /or inviting trespassers and malicious mischief; D. Overgrown vegetation, accumulations of boxes, boards or other material that is likely to harbor rats, rodents, vermin and other similar nuisances, or that is unsightly and otherwise detrimental to the aesthetic or property values of neighboring properties; E. Dead, decayed, or diseased trees and other vegetation which constitute a fire hazard or a condition considered dangerous to the public health, safety, and general welfare; F. The use of trailers, campers, boats, and other similar vehicles or other equipment for sleeping or cooking purposes in areas where such use is not permitted; G. Abandoned, wrecked, dismantled, or inoperative trailers, campers, boats, and other motor vehicles which are accumulated or stored in yard areas for a period in excess of two weeks; H. Parking of boats or vehicles on public rights -of- way for periods in excess of seventy -two hours; I. Parking or storage of heavy commercial or construction vehicles or equipment in public rights -of -way or in yard areas of properties within a residential zone of the City; J. Performance of mechanical work on motor vehicles on public rights -of -way or performance of such work in yard areas of residential properties so as to be visible from public rights -of -way or neighboring properties for periods in excess of three weeks; K. Broken or discarded furniture, appliances, and other household equipment stored in yard areas for periods exceeding one week; L. Conditions which may prove detrimental or dangerous to children, whether in a building, on the premises of a building, or on an unoccupied lot; M. Packing boxes, lumber, trash, dirt and other debris stored in yards for unreasonable periods in areas visible from public property or neighboring properties; N. Unscreened trash cans, bins, or containers stored for unreasonable periods in doorways, vestibules, or in areas visible from public property or visible from the adjoining sidewalks of commercial or industrial buildings; O. The accumulation of dirt, litter, or debris in vestibules, doorways or in areas visible from public property or visible from adjoining properties; 9 • • P. The disposal of oil, gasoline, other petroleum products, noxious chemicals, pesticides, or any gaseous, liquid, or solid wastes in such a manner as to: 1. Constitute a condition considered injurious to the public health, safety and welfare, 2. Cause pollution of the land, water, or air in the city, or 3. Degrade the appearance of or detract from the aesthetic and property value of neighboring properties; Q. Property or structures maintained in such a condition as to block or obstruct the flow of floodwaters in natural or manmade drainage channels so that such obstruction could be expected to cause damage to said property or surrounding properties that would not otherwise occur; R. Premises maintained in such a condition as to obscure the visibility of public street intersections to such a degree as to constitute a public hazard; S. Maintenance or use of premises which, by reason of noise, dust, odor or other effects caused by the use of said premises, diminish the livability, enjoyment, use and property values of neighboring properties; T. The maintenance of signs or sign structures in a deteriorated condition, or relating to uses no longer conducted or products no longer sold on commercial, industrial, or institutional premises or otherwise in violation of this Code; U. Lights, lighted signs, or other devices that direct or reflect glare so as to be visible from any boundary line or property on which the source of light or glare is produced; V. Property and buildings, or portions thereof, maintained in such a condition as to become so defective and unsightly, or in such a condition of deterioration or disrepair as to diminish the enjoyment, use, or property values of surrounding properties; W. Encroachments on the public right of way without proper authority; X. Accumulations of filth, garbage, decaying animal or vegetable matter or animal or human excrement; 8.14.030 Maintaining Nuisance Unlawful. Every person who maintains or commits any public nuisance, the punishment for which is not otherwise prescribed, or who willfully omits to perform any legal duty relating to the removal of a public nuisance, is guilty of a misdemeanor /infraction punishable as set for in Title 1 of this Code. 8.14.040 Enforcement. It shall be the duty of the Code Enforcement Officer, and s /he is hereby directed, to enforce the provisions of this Chapter. The Building Official and the Chief of Police shall render such assistance in the enforcement hereof as may from time to time be required. 10 • 8.14.050 Violation -- Penalty. A. Authority to correct violations. The Code Enforcement Officer shall seek the correction of any violation(s) of any provision of this Chapter through the use of the citation procedure or the nuisance abatement procedures or both such procedures as set forth in this chapter. B. Penalty for Violation. 1. Any person who violates any provision of this chapter shall be deemed guilty of a misdemeanor /infraction and, upon conviction thereof, is subject to punishment as provided in Title 1 of this Code. 2. The imposition of one penalty shall not excuse the violation(s) or permit said violation(s) to continue. 3. Any person who violates any provision of this chapter shall be required to correct or remedy such violations within a reasonable period of time. 4. When not otherwise specified, the existence of such nuisance for each and every day after service of reasonable written notice shall be deemed a separate and distinct offense. 8.14.060 Right -of- entry. A. Whenever necessary to make an inspection to enforce any provision of the Code, or whenever the Code Enforcement Officer or authorized designee has reasonable cause to believe that there exists in any building or upon any premises any condition in violation of this Code, the Code Enforcement Officer or duly authorized designees may enter said premises at all reasonable times to perform any duty imposed upon said officer by this Code, provided that: 1. If premises are private and occupied, the official shall present proper credentials, state the reasons for entry, and request entry, and if entry is not granted a court order shall be secured. 2. If premises are unoccupied, the official shall make a reasonable effort to locate the owner or other persons having charge or control of said premises, inform the owner of the reasons for entry, and demand entry. 3. The official shall not be allowed to enter any occupied dwelling in the absence of the occupants without a proper written order executed and issued by a court having jurisdiction to issue the order. B. If entry allowed under the provisions of this section is refused, the Code Enforcement Officer or authorized designee shall have recourse to every remedy provided by law to secure entry. 8.14.070 Service of Notice Requirements. Whenever it is necessary in this chapter to notify owners, permittees, occupants, or persons, said notice shall be served in the following manner: A. Service shall be by personal service upon any owner whose name and address appears on the last equalized 11 1 s assessment roll and who can reasonably be found within the city limits. Service upon all other owners may be accomplished by mail, postage prepaid, certified, return receipt requested, to the owner of the affected premises as shown on the last equalized assessment roll. If no address can be found or is known to the Code Enforcement Officer, then the notice shall be mailed to such person at the address of the premises affected by the proceedings. The failure of any person to receive the notice does not affect the validity of any proceedings taken hereunder. B. A copy of the notice shall also be prominently and conspicuously placed upon the premises affected by the enforcement proceedings. C. Proof of service of the notice or order shall be certified to at the time of service by a written declaration under penalty of perjury executed by the person effecting service, which shall, together with any receipt card returned in acknowledgement of receipt by certified mail, be affixed to the copy of the notice or order retained by the Code Enforcement Officer. 8.14.080 Citations. A. The Code Enforcement Officer may issue a notice to appear in court to any person suspected of a violation of any of the provisions of this title but first must issue a notice and order to abate the nuisance to the owner as well as the occupant of the premises giving notice that s /he has determined that a violation of the Code exists. The notice and order shall contain: 1. The street address and a legal description sufficient to identify the premises on which a violation is found to exist; 2. A statement that the Code Enforcement Officer has found a violation to exist on said premises, and a description of such conditions and the action necessary to correct such violation(s); 3. An order to secure permits if necessary and to commence and complete work to correct the violation(s) within a specified period of time; 4. A statement advising that if the required correction or elimination of condition(s) in violation is not commenced and completed within the specified time, the Code Enforcement Officer shall either; a. Cite the owner with notice to appear in court for violation of a specific provision or provisions of the code, b. Institute proceedings for the abatement of the conditions as a public nuisance before the City Council under Section 8.14.090 of this title. c. Take both such actions to cite into court and institute nuisance abatement proceedings. B. If the owner or occupant of the premises fails to correct the violation(s) within the time specified in the notice and order to abate the nuisance, the Code Enforcement 12 • • Officer may issue a notice to appear in court to said owner or occupant for violation of a specific provision or provisions of the Code. 8.14.090 Nuisance Abatement. A. In the event said owner fails, neglects, or refuses to comply with the notice and order to abate the nuisance served pursuant to Section 8.14.080, the Code Enforcement Officer shall either request the City Attorney to institute a civil action in the name of the people of the state to abate the nuisance or, with the consent of the City Administrator, schedule a hearing before the City Council for summary abatement proceedings under the police powers of the City and pursuant to Government Code Sections 38771 - 38773.5. At least ten days prior to a hearing before the City Council for summary abatement proceedings, notice of such hearing, in a form approved by the City Attorney which describes the conditions alleged to constitute a nuisance and indicates possible actions which may be authorized for abatement of same, shall be served upon the owner of the affected premised in the manner prescribed in section 8.14.070 herein. B. At the time stated in the notice of hearing, the City Council shall hear and consider all relevant evidence, objections or protests, and shall receive testimony from owners, witnesses, city personnel, affected neighbors, and interested persons relative to such alleged public nuisance and to proposed abatement of said nuisance. Interested parties may be represented by counsel, in which case the City Attorney shall represent the Code Enforcement Officer and parties may present testimony and cross - examine witnesses. The hearing need not be conducted according to technical rules of evidence and may be continued from time to time. C. Preparation and Service of Order to Abate. If, as a result of the hearing, the City Council finds that a public nuisance exists and that there is sufficient cause to warrant abatement of said nuisance, the City Council shall by resolution issue an order to abate containing: 1. A statement deeming the condition a public nuisance under this Code; 2. A summary of findings of fact, conclusions, and recommendations with respect to abatement; 3. A list of needed corrections and abatement methods; 4. The time limit within which the nuisance must be abated at the owner's expense. The Code Enforcement Officer shall serve the order to abate upon the owners of the premises in accordance with the notification provisions of Section 8.14.070. 13 • Any property owner shall have the right to comply with the order to abate at his own expense provided that same is done prior to the expiration of the abatement period set forth in said order. Upon abatement in full by owner, then proceedings hereunder shall terminate. D. Abatement by City. If such nuisance is not completely abated in accordance with the abatement order by the owner within the given time period, then the City Council may direct the City Administrator to cause the same to be abated by city forces or private contract and the City Administrator is expressly authorized to enter upon said premises for such purposes. E. Cost Accounting and Notification. The City Administrator shall cause to be kept an account of the cost (including incidental expenses) of abating such nuisance on each separate lot, or parcel of land where the work is done and shall render an itemized report in writing to the City Council showing the cost of abatement, provided, that before said report is submitted to the City Council, a copy of the same shall be posted for at least five days upon such premises, together with a notice of the time when said report shall be heard by the City Council for confirmation. A copy of said report and notice shall be served upon the owners of said property, in accordance with the provisions of Section 1.04.110 at least five days prior to submitting the same to the City Council. Proof of said posting and service shall be made by affidavit filed with the City Clerk. The term "incidental expenses" includes, but is not limited to, the actual expenses and costs of the City in preparation and service of notices, specifications and contracts, and in inspecting the work, and the costs of printing and mailing required hereunder. F. Assessment Lien. The total cost for abating such nuisance, as so confirmed by City Council, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation in the office of the County Recorder of a notice of lien in appropriate legal form, as so made and confirmed, shall constitute a lien on said property for the amount of such assessment. 1. After such confirmation and recordation, a copy may be turned over to the Tax Collector for the City, whereupon it shall be the duty of said Tax Collector to add the amounts of the respective assessments to the next regular tax bills levied against said respective lots and parcels of land for municipal purposes, and thereafter said amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure 14 • • under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes; or 2. After such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law. 8.14.110 Civil Remedies. The City Attorney, when directed by the City Administrator or the City Council, shall apply to such court or courts as may have jurisdiction to grant such relief as will abate any public nuisance or correct any violation of the Code, or restrain and enjoin any person from creating or maintaining a nuisance. Chapter 8.16 8.16.150 Removal of Refuse and Waste Material. It is unlawful for any person occupying or maintaining any premises within the City where refuse and /or waste material is created, produced, accumulated or stored to allow the refuse and /or waste material to be scattered about said premises in an unsightly, hazardous or unsanitary manner. Any person storing refuse and /or waste material on any premises within the City which may create a condition which is unsightly, hazardous, unsanitary or a public nuisance shall be required to remove said refuse and /or waste materials. The City Health Officer, or the Code Enforcement Officer may compel the removal of refuse and /or waste materials pursuant to the provisions of Title 8.14 by citation with a notice to appear in court or by the procedure for abatement of public nuisances. 8.16.410 Violation -- Severability. Any person, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this chapter is guilty of a misdemeanor /infraction, and upon conviction shall be punishable as set forth in Title 1 of this Code. Any violation of this chapter which is committed and continues from day to day constitutes a separate offense for each and every day during which such violation is committed or continued. Chapter 8.20 8.20.020 Abatement. Each and every person who allows accumulated waste materials, or junk, as defined in Section 8.20.010, to be stored, located„ situated, or piled on property or premises over which he has control, which is not obscured from the view of occupants of adjoining property or by passers -by on public streets or ways, after reasonable notice, but in no event less than ten days, is served upon him in writing by the Code Enforcement Officer, shall either remove said accumulated waste material, or junk, or obscure the same from the view of occupants of adjoining property and passers -by on public streets or ways, and upon failure 15 • • to do so, is guilty of a misdemeanor /infraction, and the continued existence of such condition shall be deemed a separate and distinct offense for each and every day that said condition continues to exist after the time stated in the notice of violation. The Code Enforcement Officer may also compel the removal of such waste materials or junk to be removed pursuant to the provisions of Title 8.14 by criminal citation with a notice to appear in court or by the procedure for abatement of public nuisances. Chapter 8.24 8.24.030 Violations and Penalties. Any person who is convicted of violation of any provision of this Chapter shall be guilty of an infraction punishable as provided in Chapter 1.16 of this Code. Chapter 8.28 8.28.070 Violation - Penalty. Any person who is convicted of a violation of any provision of this Chapter shall be deemed guilty of a misdemeanor punishable as provided in Chapter 1.16 of this Code. TITLE 9 9.12.080 B. Any person who continues to conduct a bingo game after any summary suspension thereof, under subsection A, shall be guilty of a misdemeanor /infraction and upon conviction punishable as set forth in Title 1 of this Code. 9.22.060 Violations and Penalties. Any person who is convicted of a violation of any provision of this Chapter shall be guilty of an infraction punishable as set forth in Title 1 of this Code. 9.24.080 Violation -- Penalty. Any person who violates any provision of this Chapter by smoking in a posted no- smoking area, or failing to post or cause to be posted a no- smoking sign required by this Chapter, is guilty of an infraction and, upon conviction thereof, punishable as set forth in Title 1 of this Code. 9.28.060 Violations and Penalties. Any person who is convicted of violation of any provision of this Chapter shall be guilty of an infraction punishable as set forth in Title 1 of this Code. 13.16.210 Penalty. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this Chapter. Any person violating any provision of this Chapter or failing to comply with any of its requirements may be deemed guilty of a misdemeanor/ 16 • infraction and upon conviction thereof shall be punishable as set forth in Title 1 of this Code. Each such person may be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this Chapter is committed, continued, or permitted by such person, and shall be punishable therefore as provided for in this Chapter. TITLE 14 Chapter 14.08 14.08.040 Building Official. "Building Official" means the Community Development Director or his /her designee. Chapter 14.12 14.12.010 Administration. It shall be the duty of the Community Development Director, and s /he is hereby directed, to enforce the provisions of this title. The Building Official, Code Enforcement Officer and the Chief of Police shall render such assistance in the enforcement hereof as may from time to time be required. 14.12.020 Guidelines for Building Code Enforcement. The Building Official, under the supervision of the City Administrator shall develop a program for the systematic enforcement of the provisions of the Building Code and other Uniform Codes adopted by reference in this Code and shall promulgate and enforce such written rules, guidelines or other regulations as may be necessary to administer and enforce the provisions of Title 14. 14.12.030 Uniform Administrative Code Adopted. The Uniform Administrative Code, 1985 Edition, published by the International Conference of Building Officials, is hereby adopted by reference with the same force and effect as if fully set forth herein and as amended hereinafter. 14.12.040 Enforcement. The enforcement provisions in the Uniform Administrative Code are an alternate method of enforcement to those established in Chapter 14.40 or other sections in this Code. 14.12.050 Building Official. The Building Official shall be a public employee and not a Peace Officer, but shall have the authority to arrest persons pursuant to California Penal Code Section 836.5 for violations of this Title 14. Whenever any Code adopted by reference confers upon the Building Official the status of a Law Enforcement Officer the provisions of this section shall supersede the adopted code and said Building Official shall be a public employee and not a Peace Officer. 17 • 14.12.060 Amendment of Section 204. The Board of Appeals established by Section 204 of the Uniform Administrative Code shall be the City Council. Whenever any Code adopted by reference establishes a Board of Appeals, that Board shall be the City Council and the provisions of sections 14.12.090 and 14.12.100 shall supersede the provisions of the adopted code. [The following sections are renumbered to allow for the insertion of the above added sections.] 14.12.070 Records and Auditing. 14.12.080 Liability. 14.12.090 Board of Appeals Established. 14.12.100 Appeal Procedure. 14.12.110 Penalty for Violation. 14.12.120 Official Codes Filed. 14.12.130 Permit Fees. Chapter 14.16 14.16.020 is hereby deleted and the remaining sections are renumbered to allow for that deletion. Chapter 14.20 14.20.010 Adopted. The National Electric Code, 1987 Edition, as published by the National Fire Protection Association, is adopted by reference with the same force and effect as if fully set forth herein and as amended hereinafter. Chapter 14.24 14.24.020 Section 20.3 Amended. The first paragraph of section 20.3 of the Plumbing Code is amended to provide that violation of this Chapter shall be deemed a misdemeanor/ infraction and, upon conviction shall be punishable as set forth in Title 1 of this Code. 14.24.040 Section 20.7 Amended. The fees required by this Chapter shall be listed in the Master Fee Schedule. 14.24.070 Required Sewer Backwater Valve... E. Violations and Penalties. Any person who is convicted of violation of any provisions of Section 14.24.130 or 18 • Sections 14.24.040 shall be guilty of an infraction punishable as provided in Chapter 1.16. Chapter 14.32 14.32.020 Section 202 Amended. The abatement procedures established by this Uniform Housing Code and the Uniform Code for the Abatement of Dangerous Buildings are alternate procedures to those set forth in Chapter 14.40 of this Title and the Building official may use either procedure for the abatement of dangerous buildings. 14.32.030 Section 203 Amended. The Board of Appeals established by this section shall be the City Council. 14.60.060 Amendments Generally. The provisions of the Uniform Fire Code, hereinafter referred to as U.F.C., 1985 Edition, are amended and changed in the following sections. 14.60.130 Citation Powers. Section 2.105 U.F.C. is amended to read as follows: "The Fire Chief and full -time safety members of the Fire Department shall have the powers of a Peace Officer in performing their duties under this Code, and shall have the powers of a Peace Officer as provided in California Penal Code, Sections 830.31 and shall have the authority to issue citations as provided in Sections 14.60.010 through 14.60.220 of the Morro Bay Municipal Code." 15.04.060 Director of deleted entirely. 15.04.070 Fire Chief. 15.04.060. A new section 15.04.070 is hereby added as follows: 15.04.070 Harbor Director. Harbor Director shall mean the Harbor Director appointed by the City Administrator. 15.04.080 Harbor Patrol. "Harbor Patrol" means any and all city employees who are designated and employed by the City as such and who, although not Peace Officers, do have limited powers to arrest pursuant to 836.5 of the California Penal Code for the purpose of issuing citations to appear in court for violation of this Title. TITLE 15 Public Works. This section is hereby This section is renumbered to be 15.08.010 Establishing Channels, Turning Basins and Anchorage Areas - -Map. All channels, turning basins, anchorage areas, pierhead and bulkhead lines in Morro Bay shall be as established by the federal government or by the 19 e • City Council. A map thereof shall be kept on file in the office of the City Engineer for public inspection. TITLE 17 Chapter 17.58 is hereby deleted in its entirety. 17.60.150 Revocation of Special Entitlements. The Community Development Director may institute proceedings to revoke any permit, variance or other entitlement or approval granted pursuant to this Code in accordance with the procedures established in Chapter 17.61. Section 17.60.160 is hereby deleted in its entirety. Chapter 17.61 is hereby deleted and a new Chapter 17.61 adopted to read as follows: CHAPTER 17.61 ENFORCEMENT 17.61.010 Purpose and Intent. The purposes and intent of this section are as follows: A. To establish procedures for the enforcement of the provisions of this title; B. To establish remedies to correct violation of this title; C. To assure due process of law and provide procedural guarantees to property owners affected by the enforcement of this title. 20 17.61.020 Enforcement. It shall be the duty of the Community Development Director, and s /he is directed, to enforce each and all of the provisions of this title. The Code Enforcement Officer and the Chief of Police shall render such assistance in the enforcement hereof as may from time to time be required. A. Revocation of Use Permits, Variances and Home Occupation Permits. 1. A Use Permit or Variance shall be automatically revoked if not used within one year, unless a longer period is specified in the approval, or unless an extension is granted. 2. All types of permits, variances and other entitlements or approvals may be revoked by the person or government body, who or which originally approved them, upon determining that any of the conditions have been violated or that the development has been carried out in a manner which violates any provision of this Code. Such permits, variances and other entitlements may also be revoked if the following findings are made by the revoking person or body: (a) That there has been a substantial change in circumstances of the grantee, the neighborhood or other • factors considered at the time such permit, variance or other entitlement was granted; and (b) That the continuance of the use, permit, variance or other entitlement would be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood or would be detrimental to property and improvements in the neighborhood or to the general welfare of the City. 3. Procedures for revocation shall be as prescribed for issuance of the permit, variance, or other entitlement or approval including written notice to the permittee at least ten calendar days before the hearing. 4. When any entitlement has been revoked under this section no further development or use of the property to which the entitlement applied may be undertaken except pursuant to approval of a new application. B. Violations of Zoning Regulations. Upon determining that a violation of any of the provisions of this title exist, the Community Development Director shall have the following responsibilities and authority: 1. To discuss the suspected violation of this title in an attempt to secure voluntary compliance; 2. To initiate all necessary proceedings to revoke approvals and entitlements granted under this title; 3. To initiate all necessary proceedings to forfeit bond or cash deposits; 4. With the approval of the City Administrator, to delegate the responsibilities and powers to enforce a specific provision of this title or to correct one or more specific violations of this title to another city department or official; 5. When unable to secure voluntary compliance, the Community Development Director shall either request the City Attorney to institute a civil action to enjoin the violation, request the Code Enforcement Officer or the City Attorney to file criminal charges against the violator or request the Code Enforcement Officer to commence proceedings to abate the violation as a public nuisance pursuant to the provisions of Chapter 8.14 of this Code. 17.61.030 Violation -- Penalty. A. Any person who violates any provisions of this title shall be deemed guilty of a misdemeanor /infraction and upon conviction thereof, shall be punishable as provided in Title 1 of this Code. B. The imposition of one penalty shall not excuse the violation or permit said violation to continue. C. Any person who violates any provision of this title shall be required to correct or remedy such violations within a reasonable period of time. D. When not otherwise specified, the existence of a zoning violation for each and every day after service of reasonable written notice shall be deemed a separate and distinct offense. 21 • • 17.61.040 Right -of- entry. The Community Development Director and his /her authorized representatives shall have the same right -of -entry as that set out in section 8.14.060. 17.61.050 Civil Remedies. The City Attorney may apply to such court or courts as may have jurisdiction to grant such relief as will abate or correct any violation of this title, or restrain and enjoin any person from continuing a violation of this title. 22 • • ORDINANCE NO. 310 AN ORDINANCE AMENDING CERTAIN MUNICIPAL CODE SECTIONS IN TITLE 16 CONCERNING LOCAL PROCEDURES TO IMPLEMENT THE SUBDIVISION MAP ACT AND INCREASING PENALTIES FOR VIOLATION THEREOF T H E C I T Y C O U N C I L CITY OF MORRO BAY, CALIFORNIA WHEREAS, several sections of Title 16 are outdated and may be inconsistent or ambiguous; and WHEREAS, the City Council of the City of Morro Bay has determined that certain revisions to the Municipal Code will better provide for the fair, orderly and equitable enforce- ment of the provisions of Title 16 of the Municipal Code; and WHEREAS, the California Penal Code has been amended by the State legislature to increase the penalty for a misdemeanor; NOW, THEREFORE, BE IT HEREBY ORDAINED, by the City Council of the City of Morro Bay, California, that the sections contained in the attached Exhibit A are AMENDED as set forth therein. PASSED AND ADOPTED by the Morro Bay City Council on this 12th day of October, 1987 on the following vote: AYES: Donnelly, Odell, Sheetz, Reddell NOES: None ABSENT: Lemons ATTEST: ARDITH DAVIS, City Clerk s. DALE REDDELL, Mayor EXHIBIT A TITLE 16 16.04.040 Subdivision Committee Created -- Membership. There is created a Subdivision Committee, to consist of a Building Inspector, the Director of Public Works /City Engineer, the Fire Chief, the Director of Recreation and Parks, the Community Development Director or their designated alternates. This Committee shall have the powers and duties specified by this title. 16.04.060 Penalty. Any offer to sell or contract to sell, or any sale contrary to the provisions of this title is a misdemeanor, and any person, corporation or other entity, upon conviction thereof, shall be punishable as set forth in Title 1 of this Code, except that nothing herein contained shall be deemed to bar any legal, equitable, or summary remedy to which the City or other political subdivision or person, corporation or other entity may otherwise be entitled, and the City or other political subdivision, or person, corporation or other entity may file an action in the Superior Court of the State of California, in and for the County of San Luis Obispo, to restrain or enjoin any attempted or proposed subdivision or sale in violation of this title. Any transfer or conveyance, or purported transfer or conveyance, or agreement to transfer or convey any parcel of land without compliance with the terms of this title shall be voidable at the option of the transferee in accordance with the provisions of Sections 11540 and 11540.1 of the Business and Professions Code of the State, as the same may be amended from time to time. 16.20.020 Preliminary Map Procedure. A. A Pre - Submittal Schematic and /or Preliminary Map are required when in the opinion of the Community Development Director the project is of such a complex nature or other special circumstances warrant same. B. Purposes of Pre - Submittal Schematic. The purpose of the preparation and consideration of a Pre - Submittal Schematic, sometimes known as a "back of the envelope plan," is to allow the Community Development Director to discuss with the applicant any special concerns or considerations for the area known to the Community Development Director and to provide for an informal exchange of ideas and comments on the proposed project prior to formal submission of an application. C. Requirements for Pre - Submittal Schematic. The requirements for a pre - submittal schematic shall be established by the Community Development Director as warranted by the circumstances of each case. • D. Purposes of Preliminary Map. The purpose of the preparation and consideration of a preliminary map is to provide a means of review by the Subdivision Committee with the developer and /or surveyor or engineer. From this preliminary review it is expected the applicant will be made aware of any major problems concerning the use of the land or the proposed on and off -site improvements for the land to be subdivided and the Subdivision Committee will be made aware of what might be proposals for the subdivision of land that will require preparation or modification or consideration for expansion of public services and facilities prior to the proposed use of land within a subdivision. It is not intended that a preliminary map be as detailed as the tentative map, but it should be prepared with enough care to provide pertinent facts. E. Requirements for Preliminary Maps. The preliminary map shall be drawn to approximate scale on paper eighteen inches by twenty -six inches and shall show the following: 1. The land area proposed to be subdivided; 2. All existing structures; 3. The placement and location of all existing streets, easements, and rights -of -way on the land proposed to be subdivided, and those abutting said land; 4. Sufficient contours to indicate the general elevations and the fall of the land adjacent to the surrounding area; 5. Any land fills are to be noted; 6. The proposed uses of all portions of the subdivision; 7. The approximate alignment of the proposed streets within the subdivision and their connection with existing streets or method of terminating proposed streets; 8. The approximate number of acres in the subject subdivision; 9. The approximate number and configuration of lots in the proposed subdivision; 10. The north point and date; 11. Subdivider's name and address in the lower right -hand corner; 12. Engineer's name and address in the lower right - hand corner; 13. Vicinity map. 16.20.040 Statements. Accompanying the tentative map, or on said map, shall be statements by the subdivider as follows: A. Statement as to existing zoning and as to proposed use; If proposed use is not consistent with existing zoning, all necessary zoning amendments should have been applied for and approvals obtained prior to filing the application for the tentative tract map. Applications for tentative tract maps cannot be considered complete unless and until the proposed use is consistent with the existing zoning. t t B. Statement and report by a certified engineering geologist, registered geologist or registered geotechnical engineer as to the suitability of the site for the proposed use. C. Statement and report on soil tests by a soils engineer; D. Statement as to intentions of subdivider in regard to erosion control and improvements to be constructed by him, as required in Chapter 16.12 and other ordinances of the city; E. Statement as to front yard depths and building lines; F. Proposed source of water supply and method of sewage disposal, indicating whether or not Chapter 16.16 can be complied with; G. Indications of the type of tree planting as required by the City master tree list; H. Proposed public areas including parkland dedication and scenic easements; I. Statement as to disposition of lots (whether for sale as lots or fully developed house and lot); J. Preliminary title report; four copies. 16.20.060 Tentative Map -- Completeness and Filing. A. Fifteen copies of a tentative map, and the subdivider's statements pursuant to Section 16.20.040, together with the fee established by the Master Fee Schedule to cover the cost of plan checking, shall be presented to the Community Development Department at least fifteen days prior to the the Subdivision Committee meeting. B. A tentative map and accompanying development application shall be considered complete for the consideration of the Planning Commission only after said tentative map and development applications, together with all necessary maps or sketches and other supplementary data have been submitted to and reviewed by the Subdivision Committee and found by such Subdivision Committee to be in compliance with this title, consistent with the General and specific plan and zoning for the land on which the proposed development is located and in conformity with all other applicable laws, regulations and ordinances, governing said property. If the tract is a portion of a larger area which may be subdivided later, the tentative map shall roughly indicate the ultimate plan for the whole. 16.20.070 Tentative Map -- Subdivision Committee Approval. All tentative maps shall be reviewed by the Subdivision Committee prior to filing any tentative map with the Planning Commission. Said Committee shall meet with the subdivider or his representative after the submission of the tentative map, within the time required by the Subdivision Map Act. • A. Said Committee shall determine the following: 1. The completeness and accuracy of the tentative maps and ancillary reports and the suitability of the land for purposes of the subdivision; 2. Overall design of the subdivision, and conformity with all pertinent requirements of this title and other ordinances /laws and plans of the City; 3. Provisions for and suitability of street improvements, underground utilities, fire hydrants, ornamental electroliers, storm drains, streets, trees, sidewalks, including adequacy of the water supply, sewage disposal and easements for utilities and drainage; 4. Provisions for public areas including parks, schools, public utility facilities, etc. B. Action By Committee. 1. The Subdivision Committee shall review the tentative map and accompanying development applications for compliance with this title, consistency with the general and specific plan and zoning for the land on which the proposed development is located and conformity with all other applicable laws, regulations and ordinances governing said property. If any portion of the subdivision is incomplete or in conflict with any of the requirements, then the Subdivision Committee shall so inform the subdivider, in writing; 2. The Subdivision Committee may deem it advisable to recommend additional improvements, easements, dedications, etc. to be included. The subdivider shall be duly informed of the nature of the recommendations at the time of said committee meeting; 3. If, after analysis, it is found that the subdivision requires a significant amount of correction before said Committee deems it complete to bring it before the Planning Commission, the Committee may require the subdivider to make the changes and reappear before said Subdivision Committee for further study; 4. The tentative map and accompanying development application shall be formally filed if said Subdivision committee has found the tentative map and accompanying development applications complete and in compliance as set forth hereinabove. C. Appeal. If the subdivider believes the Subdivision Committee's decision is in error s /he may request consideration thereof by the Planning Commission. In such a case the subdivider, within 60 days, shall file his /her objections, in writing, with the Community Development Director, whereupon the map and application shall be placed on the Planning Commission agenda at which time the Planning Commission will make an independent determination as to the issues appealed from by the subdivider. 16.20.080 Tentative Map -- Action by Planning Commission. A. The subdivider shall file seven copies of the tentative map as accepted for filing by the Subdivision • Committee, which copies shall be eighteen inches by twenty - six inches and a transparency. The Planning Commission shall act on any tentative map within the time periods set forth in the California Subdivision Map Act as amended. B. The Planning Commission shall determine whether a tentative map is in conformity with the applicable provisions of law, regulations and ordinances of the City and shall also determine whether said tentative map is consistent with the General Plan, the Local Coastal Land Use Plan and the zoning then in effect, and upon that basis approve, conditionally approve, or disapprove said map, and shall report such action directly to the subdivider. C. The Planning Commission may, in addition to any other causes therefore, disapprove a tentative map because of flood and inundation hazards or slide areas and recommend protective improvements to be constructed as a condition precedent to approval of the map. 5 • a ORDINANCE NO. 308 AN ORDINANCE REVISING ORDINANCE 116, ORD. 124, ORD. 259 AND CHAPTER 10.32 OF THE MORRO BAY MUNICIPAL CODE TO MODIFY THE STATE SPEED LIMIT ON CERTAIN STREETS OR PORTIONS THEREOF T H E C I T Y C O U N C I L City of Morro Bay, California Ordinance No. 116, Ord. No. 124, Ord. No. 259 and Chapter 10.32 of the Morro Bay Municipal Code are hereby amended to read as follows: 10.32.010 Streets Designated: The prima facie speed limit shall be as set forth in this section on those streets or portions thereof designated in this section when signs are erected giving notice thereof: Speed Limit Name of Street or Portion Affected (Miles per Hour) Main Street: Yerba Buena Street to Atascadero Road (State Highway 41) 40 Main Street: Atascadero Road (State Highway 41) to Quintana Road 30 Main Street: Marina Street to Morro Bay State Park 30 Quintana Road: Main Street to Morro Bay Boulevard 35 Quintana Road: Morro Bay Boulevard to La Loma Avenue 30 Quintana Road: La Loma Avenue to Easterly City Limits 40 South Bay Boulevard: State Highway 1 to Southerly City Limits 40 • Passed and adopted by the City Council of the City of Morro Bay at a meeting of said City Council held this 12th day of October, 1987 by the following roll call vote: AYES: Donnelly, Odell, Sheetz, Reddell NOES: None ABSENT: Lemons ATTEST: A� DAIS, City lerk DALE REDDELL, Mayor ORDINANCE NO. _307_ AN ORDINANCE AMENDING TITLE 17 OF THE MORRO BAY MUNICIPAL CODE SECTION 17.49.070 THE CITY COUNCIL City of Morro Bay, California CASE NO. ZOA 02 -87 WHEREAS, on June 15th, 1987 and on August 3rd, 1987 the Planning Commission of the City of Morro Bay, California, held duly noticed public hearings to consider various amendments to the City's Zoning Ordinance; and WHEREAS, after said public hearings, the Planning Commission did report and recommend to the City Council adoption of said amendments which are illustrated on Exhibit "A ", attached hereto; and WHEREAS, the City Council of the City of Morro Bay, California, on the 28th day of September, 1987 held a duly noticed PUBLIC HEARING to consider the various modifications to the Zoning Ordinance; and, WHEREAS, at said PUBLIC HEARING after considering the staff report, Planning Commission recommendation and the arguments of all persons, if any, wishing to testify, the City Council did find the following facts and reasons to justify their action in this matter; 1. That based on the discussions in aforementioned staff reports, the proposed modifications will more clearly and efficiently implement the intent of the Housing Element of the General Plan, Zoning Ordinance, and the City's desire to retain affordable rental housing; and 2. That the proposed modifications conform to and do not conflict with the General Plan and Local Coastal Program. 3. The Environmental Coordinator determined that the subject modifications will not result in a significant adverse impact on the environment, and therefore, qualifies for the filing of a Negative Declaration for purposes of the California Environmental Quality Act. NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Morro Bay, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Council in this matter; and, CITY COUNCIL ORDINANCE NO. 307 PAGE TWO 2. That the Council does hereby modify and amend Title 17, Section 17.49.070 B.3 to read: "3. No housing shortage has been declared to exist in the community. A housing shortage shall be declared to exist if either; "a. The vacancy rate for apartments is equal to or less than five percent for the preceding six -month period, based upon reliable information verified by the Planning Department as a result of a standard apartment vacancy survey to be conducted by a qualified consultant selecte- by the City with the cost to be paid for b he applicant. 1-n Ape ± - -and -- even er- a €-- eaeh -yeae, The content, form, and methodology of the vacancy_ survey- shaTT be specified- iii a vance- by_the- Director,or b. "the project will net cause the total number of units converted for one year to exceed one half (1/2), the total average number of apartments be} }t receiving_ final_ occupancy approval during the previous five year period. 3. That the Zoning amendments will take effect automatically upon approval by the California Coastal Commission. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof, held on the 12th day of October, 1987, by the following roll call vote: AYES: Donnelly, Odell, Sheetz, Reddell NOES: None ABSENT: Lemons ATTEST: iE AEDD MAyor lasetaa3o A y Clerk APPROVED 'AS TO FORM AND LEGAL EFFECT: D SICOUCiy Attorney 6 ORDINANCE NO. 306 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY REPEALING ORDINANCE NO. 172 AND ORDINANCE NO. 216 AND ENACTING NEW MUNICIPAL CODE SECTION 14.72, FLOOD DAMAGE PREVENTION In accordance with the requirements of the National Flood Insurance Program, the City Council of the City of Morro Bay, California does hereby ordain that Ordinance No. 172 and Ordinance No. 216 S.1 (1981) contained in Morro Bay Municipal Code Section 14.72. Flood Damage Prevention, are REPEALED, and the language contained in the attached Exhibit A is ADOPTED in their place. PASSED AND ADOPTED by the Morro Bay City Council on this 24th day of August, 1987 on the Following vote: AYES: Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None ATTEST: ARDITH DAVIS, City Clerk DALE REDDELL, Mayor Present Code Section NEW 14.72.010 14.72.020 14.72.030 14.72.040 14.72.050 14.72.060 6 EXHIBIT CHAPTER 14.72 FLOOD DAMAGE PREVENTION* • Statutory Authorization, Findings of Fact, Purpose and Methods Definitions General Provisions Administration Provisions for Flood Hazard Reduction Variance Procedure SECTION. 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 units authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City Council of City of Morro Bay does ordain as follows: 14.72.010 B. Same FINDINGS OF FACT 1. The flood hazard areas of the City of Morro Bay are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruptions 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 the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss. *Prior Ordinance History: Ord 172, Ord 216. - 1 - • Present C. STATEMENT OF PURPOSE. It is the purpose of this Code chapter to promote the public health, safety, and general Section welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed: SAME 1. To protect human life and health; 2. To minimize expenditure of public money for costly flood control projects; 3. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 4. To minimize prolonged business interruptions; 5. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard; 6. To help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas; 7. To insure that potential buyers are notified that property is in an area of special flood hazard; and 8. To insure 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 methods and provisions for: 1. Restricting or prohibiting 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. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; 3. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters; - 2 - Present Code Section 4. Controlling filling, grading, dredging, and other development which may increase flood damage; and 5. Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. 14.72.020 SECTION 14.72.020 DEFINITIONS Unless specifically defined Heavily below, words or phrases used in this chapter shall be Revised interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable applications. A. "Appeal" means a request for a review of the City Engineer's interpretation of any provisions of this ordinance or a request for a variance. B. "Area of special flood hazard" - See "Special flood hazard area ". C. "Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year (also called the "100 -year flood "). D. "Basement" means any area of the building having its floor subgrade (below ground level) on all sides. E. "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 of any buildings to which they might be carried by flood waters. A breakaway wall shall have a safe design loading resistance of not less than ten and no more than twenty pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions: 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. -3 F. "Coastal high hazard area" is the 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. G. "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. H. "Existing manufactured home park or subdivision" means a manufactured home park for which the construction of facilities for servicing the lot on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) are completed before the effective date of this chapter. I. "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, either final site grading or pouring of concrete pads, or the construction of streets). J. "Flood or flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from (1) the overflow of flood waters, (2) the unusual and rapid accumulation or runoff of surface waters from any source, and /or (3) the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition. K. "Flood Boundary and Floodway Map" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of flood hazard and the floodway. L. "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. -4 • • M. "Flood Insurance Study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood. N. "Floodplain or flood -prone area" means any land area susceptible to being inundated by water from any source (see definition of "flooding "). 0. "Floodplain management" means the operation of any overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations. P. "Floodplain management regulations" means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. Q. "Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. R. "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 ". S. "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, but does not include long -term storage or related manufacturing facilities. T. "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. 5 • • U. "Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, 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, that such enclosure is not built so as to render the structure in violation of the applicable non - elevation design requirements of this ordinance. V. "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 connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days. W. "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent. X. "Mean sea level" means, for purposes of National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. Y. "New construction" means, for floodplain management purposes, structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by this community. Z. "One hundred year flood" or "100 -year flood" means a flood which has a one percent annual probability of being equaled or exceeded. It is identical to the "base flood ", which will be the term used throughout this ordinance. AA. "Person" means an individual or his agent, firm, partnership, association or corporation, or agent of the aforementioned groups, or this state or its agencies or political subdivisions. BB. "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, 6 • implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing Federal financial exposure with regard to the structure or other development. CC. "Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. DD. "Sand dunes" mean naturally occurring accumulations of sand in ridges or mounds landward of the beach. EE. "Special flood hazard area (SFHA)" means an area having special flood - related erosion hazards, and shown on an FHBM or FIRM as Zone A, A1-30, AE, A99, V1 -V30, VE, or V. FF. "Start of Construction" includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. 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 state 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. GG. "Structure" means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. HH. "Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: (1) before the improvement or repair is started; or (2) if the structure has been damaged, and is being restored, before the damage occurred. -7 Some Revisions For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (1) any project for improvement of a structure to comply with existing state or local health, sanitary, ,or safety code specifications which are solely necessary to assure safe living conditions; or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historical Places. II. "Variance" means a grant of relief from the requirements of this ordinance which permits construction in a manner that would otherwise be prohibited by this ordinance. JJ. "Violation" means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided. SECTION 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 or the Federal Insurance Administration in a scientific and engineering report entitled "Flood Insurance Study for the City of Morro Bay dated June, 1979, with an accompanying Flood Insurance Rate Map is hereby adopted by reference and declared to be a part of this ordinance. This Flood Insurance Study is on file at the office of the City Engineer. This Flood Insurance Study is the minimum area of applicability of this ordinance and may be supplemented by studies for other areas which allow implementation of this ordinance and which are recommended to the City Council by the City Engineer. -8 • ' C. COMPLIANCE. No structure or land shall hereafter be ' constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violations of the provisions of this chapter by failure to comply with any of its 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 chapter, 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 chapter 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 chapter shall not create liability on the part of the City of Morro Bay, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. G. SEVERABILITY. This chapter and the various parts thereof are hereby declared to be severable. Should any section of this 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. 9 NEW SECTION 14.72.040 ADMINISTRATION A. ESTABLISHMENT OF DEVELOPMENT PERMIT. A Development Permit shall be obtained before construction or development begins within any area of special flood hazards established in Section 14.73.030.B. Application for a Development Permit shall be made on forms furnished by the.City Engineer and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required: 1. Proposed elevation in relation to mean sea level (City Datum) of the lowest floor (including basement) of all structures; 2. Proposed elevation in relation to mean sea level (City Datum) to which any structure will be floodproofed; 3. All appropriate certifications listed in Section ---,14.72..040.39 of this chapter; and G LF 4. Description of the extent to which any water course will be altered or relocated as a result of proposed development. 5. Applicant shall pay an application fee in an amount established by the Master Fee Schedule. B. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR. The City Engineer is hereby appointed to administer and implement this chapter by granting or denying development permits in accordance with its provisions. C. DUTIES AND RESPONSIBILITIES OF THE CITY ENGINEER. The duties and responsibilities of the City Engineer shall include, but not be limited to: 1. Permit review. a. Review all development permits to determine that the permit requirements of this chapter have been satisfied; b. Review to determine that all other state and federal permits have been obtained; - 10 - • c. Review to determine that the site is reasonably safe from flooding; d. Review to determine that the proposed development does not adversely affect the carrying capability of the floodplain. For purposes of this chapter, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot any point. 2. Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 14.72.030.B, the City Engineer shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, in order to administer Section 14.72.050. Any such information shall be submitted to the City Council for adoption. 3. Whenever a watercourse is to be altered or relocated: a. Notify adjacent communities and the California Department of Water Resources prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; b. Require that the flood carrying capacity of the altered or relocated portion of said watercourse is maintained. 4. Obtain and maintain for public inspection and make available as needed: a. the certification required in Section 14.72.050.A.3.a (floor elevations); b. the certification required in Section 14.72.050.A.3.b.(1) (elevation or floodproofing of nonresidential structures; c. the certification required in Section 14.72.050.A.3.c.(1) or 14.72.050.A.3.c.(2) (wet floodproofing standard); d. the certified elevation required in Section 14.72.050.C.2 (subdivision standards); Heavily Revised • e. the certification required in Section 14.72.050.F.1 (floodway encroachments); f. the information required in Section 14.72.050.F.6. (coastal construction standards). 5. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (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. 0 ® CF ' Pake action to remedy violations of this chapter Y. as specified in Section 14.72.030.0 herein., • bn Qtp frnN , SECTION 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 shall be 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. a. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. b. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. - 12 - • • c. All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and /or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 3. Elevation and Floodproofing a. New construction and substantial improvement of any structure shall have the lowest floor, including basement, elevated to or above the base flood elevation. Nonresidential structures may meet the standards in Section 14.72.050.A.3.c. Upon the completion of the structure the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, or verified by the City Building Inspector to be properly elevated. Such certification or verification shall be provided to the City Engineer. b. Nonresidential construction shall either be elevated in conformance with Section 14.72.050.A.3.a or together with attendant utility and sanitary facilities: (1) be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; (2) have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and (3) be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the City Engineer. c. Require, for all new construction and substantial improvements, that fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior - 13 - • • walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: (1) Either a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. 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 floodwaters; or (2) Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration. d. Manufactured homes shall also meet the standards in Section 14.72.050.D. B. STANDARDS FOR UTILITIES 1. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters. 2. On -site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. C. STANDARDS FOR SUBDIVISIONS 1. All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood. 2. All final subdivision plans will provide the elevation of proposed structure(s) and pads. If the site is filled above the base flood, the final pad elevation shall be certified by a registered professional engineer or surveyor and provided to the City Engineer. - 14 - • • 3. All subdivision proposals shall be consistent with the need to minimize flood damage. 4. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. 5. All subdivisions shall provide adequate drainage to reduce exposure to flood hazards. D. STANDARDS FOR MANUFACTURED HOMES. All new and replacement manufactured homes and additions to manufactured homes shall: 1. Be elevated so that the lowest floor is at or above the base flood elevation; and 2. Be securely anchored to a permanent foundation system to resist flotation, collapse, or lateral movement. 3. This paragraph applies to manufactured homes to be placed or substantially improved in an expansion to an existing manufactured home park or subdivision. This paragraph does not apply to manufactured homes to be placed or substantially improved in an existing manufactured home park or subdivision except where the repair, reconstruction, or improvement of the streets, utilities and pads equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced. F. COASTAL HIGH HAZARD AREAS. Within coastal high hazard areas established in Section 14.72.030.B, the following standards shall apply: 1. All new construction and substantial improvements 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 elevation. 2. All new construction shall be located on the landward side of the reach of mean high tide. - 15 - Heavily Revised • • 3. All new construction and substantial improvements shall have the space below the lowest floor free of obstructions or constructed with breakaway walls. Such temporarily enclosed space shall not be used for human habitation. 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 City Engineer 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.A.1. b. The elevation in relation to mean sea level (City Datum) 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. SECTION 14.72.060 VARIANCE PROCEDURE A. APPEAL BOARD 1. The City Council of the City of Morro Bay shall hear and decide appeals and requests for variances from the requirements of this chapter. 2. The City Council shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the City Engineer in the enforcement or administration of this chapter. 3. In passing upon such applications, the City Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and: a. the danger that materials may be swept onto other lands to the injury of others; - 16 - • • b. the danger of life and property due to flooding or erosion damage; c. the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; d. the importance of the services provided by the proposed facility to the community; e. the necessity to the facility of a waterfront location, where applicable. f. the availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; g. the compatibility of the proposed use with existing and anticipated development; h. the relationship of the proposed use to the comprehensive plan and floodplain management program for that area; i. the safety of access to the property in time of flood for ordinary and emergency vehicles; j. the expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and k. the 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. 4. Generally, variances may be issued for new construction and substantial improvements 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 items 14.72.060.A.3.a. through k. have been fully considered. As the lot size increases beyond one -half acre, the technical justification required for issuing the variance increases. - 17 - • • 5. Uponp consideration of the factors of Section 14.72.050.1.0 and the purposes of this ordinance, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. 6. The City Engineer shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. B. CONDITIONS FOR VARIANCES 1. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed in the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section. 2. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. 3. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. 4. Variances shall only be issued upon: a. a showing of good and sufficient cause; b. a determination that failure to grant the variance would result in exceptional hardship to the applicant; and c. a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of, the public, or conflict with existing local laws or ordinances. 5. Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the provisions of Sections 14.72.060.B.1 through 4. are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. - 18 - o t 6. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the regulatory flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. A copy of the notice shall be recorded by the Floodplain Board in the office of the notice shall be recorded by the Floodplain Board 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. - 19 - ORDINANCE NO. 305 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AMENDING MUNICIPAL CODE SECTION 13.20.080 BUILDING LIMITATION, TO REQUIRE ONLY ONE ANNUAL WATER RETROFIT PROGRAM REPORT T H E C I T Y C O U N C I L City of Morro Bay, California The City Council of the City of Morro Bay, California does hereby ordain that Section 13.20.080(c)(7), in Chapter 13.20, Building Limitation, of the Morro Bay Municipal Code is amended to read as follows: 7. Once a year, in January, the director shall submit a report to the city council summariz- ing the experience to date of all retrofit proposals. Prior to submission to the coun- cil, such reports shall be reviewed by the water advisory board (WAB), and all recommen- dations made by the WAB shall be included among the materials submitted to the council. Based on these reports and WAB recommenda- tions, the council may modify the guidelines for the program as deemed appropriate. PASSED, APPROVED AND ADOPTED by the Morro Bay City Council on this 13th day of July , 1987 on the following vote: AYES: Lemons, Miller, Sheetz, Reddell NOES: None ABSENT: Odell ATTEST: az2e7( /00111-4, ARDITH DAVIS, City Clerk DALE REDDE , Mayor 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JUDY SKOUSEn ATTORNEY AT LAW 693 NAPA STREET, SUITE 8.6 P.O. BOX 834 MORRO BAY. CALIFORNIA 93442 TELEPHONE: 16031772.1214 Anorny for Defendant JIM 2 4 t7 UNITED STATES CENTRAL DISTRICT OF CALIFORNIA OMTUL01SIMUOF044 i:,F;l3 OLFUrY FILED JUN 21 Oft_ • CENTR -.A, 4' °! r" 4TflICT O CAT ,i T ! U I)PU7Y L CLERK, U.S DISTRICT COL T O ca. STRICT—COURT COURT JACK J. JENNINGS, JOHN ) SCHOENAUER and GENEVIEVE ) SCHOENAUER, ) Plaintiffs, ) vs. ) 1 CITY OF MORRO BAY ) Defendant. ) .1 CASE NO 87 02435 JMI ORDER AND PERMANENT INJUNCTION Having heard and considered the materials presented by the Parties and the matter having been submitted for decision and good cause appearing therefore, the Court makes the following findings and Orders: 1. The Court finds that the portions of Defendant's Mobile Home Rent Control Ordinance which purport to use the date of January 1, 1986 to establish the base rent (i.e. rollback date) to be invalid and as of the effective date of this Order a permanent injunction is hereby issued prohibiting the City of Morro Bay from enacting or enforcing any municipal • 0 1 rent control Ordinance which purports to establish or control 2 space rents in mobile home parks and which uses as a date for 3 determination of base rents any date earlier than August 25, 4 1986, provided however, that this injunctive order shall not 5 be retroactive. Rents paid to date by Mobile Home Park 6 tenants pursuant to said Rent Control Ordinance shall not be 7 recalculated nor shall additional amounts be collected or 8 charged by Park owners for such period of time. The date of 9 August 25, 1986 shall be the date used to establish the base 10 rent under the Defendant's Mobile Home Rent Control Ordinance. 11 2. The remainder of Defendant's Mobile Home Rent 12 Control ordinance shall remain in full force and effect and 13 shall not be disturbed by this Court Order. 14 3. Plaintiffs shall take nothing by reason of the 15 complaint filed herein and each party shall bear their own 16 costs, disbursements and attorney fees. 17 18 Dated: , 1987 19 ' 20 Hon. James M. Ideman, Judge of the United States District Court, 21 Central District 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// JUDY SKOUSfn 0.0. 000 03. -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Andre, Morris and Buttery A Professional Law Corporation 1304 Pacific Street P. O. Box 730 San Luis Obispo, CA 93406 JENNINGS.STP Attorneys for Plaintiffs A LED JUN 1'919f' -( C' OW, S DD CENTRAL D'tSTBtCT • UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA JACK J. JENNINGS, JOHN ) CASE NO. 87 02435 JMI SCHOENAUER and GENEVIEVE ) SCHOENAUER, ) Plaintiffs, ) STIPULATION FOR INJUNCTION vs. ) CITY OF MORRO BAY, ) Defendant. ). ) The parties to the above - referenced action stipulate and agree as follows: 1. That portions of Defendant's Mobile Home Rent Control Ordinance which purport to use the date of January 1, 1986, to establish the base rent (i.e. rollback date) are invalid; 2. That a permanent injunction shall be issued prohibiting the City of Morro Bay from enacting or enforcing any municipal rent control Ordinance which purports to establish or control space rents in mobile home parks and which 1 1 use as a date for determination of base rents any date earlier 2 than August 25, 1986, provided however, that any injunctive 3 order entered pursuant to this Stipulation shall not be 4 retroactive. Rents paid to date by Mobile Home Park tenants 5 pursuant to said Rent Control Ordinance shall not be 6 recalculated nor shall additional amounts be collected or 7 charged by Plaintiffs as park owner for such period of time. 8 The date of August 25, 1986 shall be the date used to establish g the base rent under the Defendant's Mobile Home Rent Control 10 Ordinance; 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. That the remainder of Defendant's Mobile Home Rent Control Ordinance shall remain in full force and effect and shall not be disturbed by this Court Order; 4. Plaintiffs shall take nothing by reason of the Complaint filed herein and each party shall bear their own costs, disbursements and attorneys fees. Dated: June /4 , 1987. CITY OF MORRO ohn Schoenauer Genevieve Schoenauer 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • • APPROVED AS TO FORM: 0 Judy �k uS�en Attorney for the Cipy of Morro Bay ANDRE, MORRIS & BUTTERY A Professional Law Corporation By Ja s C. Buttery At t eys for Jack J. nnings, John Schoenauer and Genevieve Schoenauer 3 ORDINANCE NO. 304 AN URGENCY ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ADOPTING A TIME EXTENSION FOR INTERIM URGENCY ZONING ORDINANCE NO. 301 FOR THE AREAS GENERALLY COVERING PLANNING AREAS 2 AND 5 OF THE LOCAL COASTAL PROGRAM T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City Council of the City of Morro Bay, California, did on the llth day of February, 1987, adopt Ordinance No. 301, an interim urgency zoning ordinance prohibiting development within the area generally covering LCP planning areas 2 and 5; and WHEREAS, said ordinance will automatically expire on March 28, 1987, unless extended by the Council; and WHEREAS, California Government Code Section '65858(b) allows such ordinances to be extended up to 10 months and 15 days, and subsequently for one additional year; WHEREAS, on March 9, 1987, the City Council did adopt a written report in compliance with Government Code Section 65858 setting forth a plan of study designed to alleviate the conditions leading to the adoption of Ordinance No. 301; and WHEREAS, the performance of the above - referenced plan of study will require a period of time extending beyond the 45 day period of Ordinance No. 301; and WHEREAS, on March 23, 1987 the City Council did conduct a public hearing to consider such a time extension; and WHEREAS, after said public hearing the City Council did find that the time extension is necessary based on the same findings and reasons cited in Ordinance No. 301 which are incorporated herein by this reference. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: 1. That the City Council does hereby adopt Ordinance No. 304 extending Ordinance No. 301 to February 11, 1988; or, until the completion date of the above - referenced plan of study and effective date of related zoning ordinance modifications, whichever is sooner; and t ORDINANCE NO. 304 Page Two 2. That the City Council hereby adopts Ordinance No. 304 as an interim urgency zoning ordinance which shall take effect immediately upon its adoption. PASSED AND ADOPTED, on the 23rd day of March, 1987, by the following roll call vote: AYES: Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: Miller ATTEST: City Attorney 4 ORDINANCE NO. 303 AN ORDINANCE AMENDING CHAPTER 2.04 AND CHAPTER 2.08 OF THE MORRO BAY MUNICIPAL CODE ALTERING THE LOCATION, AND TIME OF CITY COUNCIL REGULAR MEETINGS T H E C I T Y C O U N C I L City of Morro Bay, California The City Council of the City of Morro Bay, California does hereby ordain: Section 2.04.030, Council chambers, of the Morro Bay Municipal Code is amended to read as follows: The room designated as the assembly room located at the Veterans' Memorial Hall, 209 E. Surf Street, Morro Bay, California, shall be the council chambers of the city council, and regular meetings of the city council shall be held therein. Section 2.08.010, Time and date, of the Morro Bay Municipal Code is amended to read as follows: Regular meetings of the city council shall be held on the second and fourth Mondays of each month at six p.m., or the next succeeding day which is not a holiday. Section 2.08.030, Order of business, of the Morro Bay Municipal Code is amended to read as follows: Promptly at six p.m. on the night of each regular meet- ing, the members of the council, the city administra- tor, the city clerk, the city attorney and other offi- cers shall assemble at their regular stations in the council chamber, whereupon the business of the meeting shall be taken up in the order as the city council may from time to time so prescribe. PASSED, APPROVED AND ADOPTED on this 11th of day of May 1987 by the following vote: AYES: Miller, Odell, Sheetz, Reddell NOES: None ABSENT: Lemons ATTEST: DALE REDD LL, Mayor ORDINANCE NO. 302 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AMENDING CHAPTER 5.28 OF THE MUNICIPAL CODE OF THE CITY OF MORRO BAY SPECIFICALLY CHANGING THE NUMBER OF MEMBERS OF THE TV FRANCHISE AND SERVICES BOARD T H E C I T Y C O U N C I L City of Morro Bay, California The City Council of the City of Morro Bay does hereby ordain as follows: Section 5.28.10 TV Franchise and Services Board: A Franchise Board of up to five (5) members, who shall be City residents who are registered voters within the City may be appointed by and to serve at the pleasure of the City Council to conduct certain business relating to TV franchise and services. The duties and responsibilities of the board shall include but not be limited to: A. Act in an advisory capacity to the City Council in matters pertaining to TV services, franchise, complaints and problems; B. Recommend policies and regulatory procedures on TV services for consideration by the City Council; C. Make periodic surveys and research regarding TV services and rates that exist or may be proposed, and ascertain the needs of the public for said services; D. Make periodic appraisals of the effectiveness of the TV services; E. Perform other responsibilities as necessary or as required by the City Council. PASSED AND ADOPTED by the City Council of the City of Morro Bay a regular meeting held thereof on the 23rd day March, 1987, by the following roll call vote: AYES: Lemons, Miller, Odell, Sheetz, Reddell NOES: None ABSENT: None ATTEST: DALE RE ELL, MAYOR • • ORDINANCE NO. 301 AN ORDINANCE OF THE CITY.COUNCIL OF THE CITY OF MORRO BAY ADOPTING AN INTERIM URGENCY ZONING MEASURE WHICH WILL TAKE EFFECT IMMEDIATELY UPON ITS ADOPTION, AND WHICH WILL TEMPORARILY PROHIBIT'DEVELOPMENT ON CERTAIN LAND AREAS IN THE CITY. T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, significant public concern has been demonstrated in the available uses and zoning designations of that real property located in the City limits north of Coleman Drive and Morro Creek, south of San Jacinto Avenue, west of Highway 1 and above the mean high tide line, as more specifically described and shown on the map attached hereto as Exhibit A, and referred to herein as the subject.area; and WHEREAS, the City Council of Morro Bay is evaluating amendments to the Land Use Plan of the Local Coastal Program and to the General Plan, and pursuant thereto has commenced several studies and public hearings and does intend to conduct more studies and public hearings; and WHEREAS, the City Council of Morro Bay contemplates evaluating amendments to the Land Use Plan of the Local Coastal Program, the General Plan and the zoning of subject area to provide for uses more consistent with the needs of the City and the public welfare; and WHEREAS, there is currently being conducted by the City studies and public hearings to develop a North Main Street Specific Plan, which area is directly adjacent to the subject area and closely related thereto by reason of shared concerns for viewsheds, open space and economic viability; and WHEREAS, there is currently being conducted by the City, studies and public hearings to develop a Circulation Element of the General Plan which will have significant impact on the subject area, and for which it is necessary to consider the circulation to and through the subject area and thus also the best and most appropriate use and zoning of the subject area; and WHEREAS, there is currently being conducted by the City a study of economic conditions within the City to make projections for future needs of the City, which study should address concerns for the best use of the subject area; and WHEREAS, there has been no detailed study nor public discussion in recent years of the potential uses of the subject area; and • WHEREAS, there has been no detailed study nor compre- hensive public discussion in recent years of alternate land uses or the best potential uses for the subject area, and because the Coastal Act requires a review each five years of a Local Coastal Program and it has been approximately five years since the City's Land Use Plan was certified and much longer since the General Plan was adopted; and WHEREAS, since certification of the City's Land Use Plan, new interest has been expressed by the public in more open space and recreational uses than currently afforded by the zoning designations of the subject area; and WHEREAS, there is a concern and need for additional evaluation of the zoning designation of the subect area due to its being directly adjacent to an Environmentally Sensitive Habitat Zone, which zone may need expanding due to the unstable nature of sand dunes; and WHEREAS, concern has been expressed that there is a need to review and evaluate drainage and flooding problems within the subject area; and Whereas, there have been requests for and a need demonstrated for additional land area within the City for coastal dependent uses including mariculture and other such uses not previously addressed in the Land Use Plan, and the subject area may be appropriate for such uses; and WHEREAS, this may be the last opportunity to re- evaluate the subject area in relationship to the surrounding areas and to meet the needs of the City for other demonstrated land needs; and WHEREAS, Section 65858 of the California Government Code authorizes a City to adopt as an urgency measure an interim ordinance prohibiting any uses which may be in conflict with the contemplated General Plan, Land Use Plan of the Local Coastal Program, specific plan or zoning proposal which the City is considering or studying; and WHEREAS, this interim ordinance is in conformance with the Coastal Act and the City's Local Coastal Program; and WHEREAS, with reference to and based on each of the facts set forth hereinabove, the City Council hereby finds that there exists a current and immediate threat to public safety, health and welfare with regard to protection of the environment for the public benefit; and with regard to evaluating the best uses for the subject area to provide for the immediate and future needs of the public; and -2- • WHEREAS, the City Council with reference to and based on each of the facts set forth herein above, hereby finds that this interim urgency zoning ordinance is necessary to protect the public welfare and the best interests of the community by protecting and providing for the best use of this valuable resource; and WHEREAS, the City Council hereby finds that the approval of any use permits, coastal permits or similar entitlements for any development of the subject area could conflict with the contemplated amendments to the Land Use Plan, the General Plan or the zoning designations of the subject area and therefore would result in a threat to the public welfare, and that because there is within the subject area much vacant and undeveloped land area development proposals are likely, and therefore this threat is current and immediate. NOW THEREFORE, Bt IT ORDAINED, by the City Council of the City of Morro Bay, as follows: 1. That the City Council does hereby adopt as an urgency measure, an interim ordinance prohibiting any development of the subject area as described and shown on the map attached hereto as Exhibit A, provided, however, that development to or of any essential public facilities owned or operated by the City of Morro Bay and /or the San Luis Obispo County School District is exempt from this prohibition. 2. This ordinance shall take effect immediately upon its adoption and shall remain in effect only until 45 days from adoption, unless extended pursuant to Section 65858 of the California Government Code. PASSED, APPROVED.AND ADOPTED on this llthday of February, 1987, by the following vote to wit: AYES: Lemons, Miller, Odell, Sheets, Reddell NOES: None ABSENT: None GARY NAP 4/ ,�� APPROVED AS IT FORM: sat JUD SKOUS: , n TY ATTORNEY -3- • LE REDDELL, MAYOR exhibit A • 0 I V$f o \o •-P .-o \o •�� • ORDINANCE NO. 300 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AMENDING MORRO BAY MUNICIPAL CODE CHAPTER 2.24 TO EXPAND THE RECREATION AND PARKS COMMISSION TO SEVEN (7) VOTING MEMBERS C I T Y C O U N C I L City of Morro Bay, California The City Council of the City of Morro Bay does ordain that Ordinance 276 and Chapters 2.24.010, 2.24.020, 2.24.030 and 2.24.040 of the Morro Bay Municipal Code be amended to read as described in Exhibit "A" attached hereto. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting of the City Council held thereof on the 28th day of January, 1987 by the following roll call vote: AYES: Lemons, Miller, Odell, Sheetz, Reddell NOES: None ABSENT: None ATTEST: T H E ,e6-4 aco ARDITH DAVIS DEPUTY CITY CLERK CTeetZatIe DALE REDDELL, MAYO • T H E C I T Y C O U N C I L City of Morro Bay, California ORDINANCE NO. 300 EXHIBIT "A" 2.24.010 Commission established. There is created a recreation and parks commission composed of seven members. 2.24.020 Qualifications of commissioners. The regular members of the commission shall be qualified electors of the City and shall serve without compensation. The members of the commission shall hold no other public office in the City. 2.24.030 Special groups represented. Two of the members on the commission shall represent special groups on the commission. One member shall represent a youth- serving organization in the area and the other member shall represent a senior adult service organization. 2.24.040 Terms of office and vacancies of commission. Members of the commission shall serve for a period of four years beginning on July 1, 1966. The terms of four members shall expire on December 31, 1988, and every four years thereafter; and the terms of the three other members shall expire on December 31, 1986, and every four years thereafter. Vacancies in the commission occurring otherwise than by expiration of term shall be filled in a manner hereinafter set forth for appointments. All members shall serve at the pleasure of the City Council. ORDINANCE NO. 299 ORDINANCE OF THE CITY OF MORRO BAY AMENDING THE MOBILEHOME AND RECREATIONAL VEHICLE PARK RENT STABILIZATION ORDINANCE (ORDINANCE NO.294) T H E C I T Y C O U N C I L City of Morro Bay, California The Morro Bay City Council hereby ordains as follows: Section 1. That Section (b) under Purpose and Intent of Ordinance No. 294 is hereby amended to read as follows: (b) Within the City of Morro Bay, there are a number of persons who reside permanently in units which today meet the legal definitions of recreational vehicles. Often these persons subsist on low, fixed incomes and are unable to afford standard housing. Section 2. That Section (c) under Purpose and Intent of Ordinance No. 294 is hereby amended to read as follows: (c) Those units meeting the legal definition of recreational vehicles but which are used as the tenants' actual domicile are often of such age and condition that relocating such units may be extremely difficult and expensive. Further, because of the age and condition, such units may be precluded from renting space in another park. Section 3. That Section (b) under Purpose and Intent of Ordinance No. 294 is hereby amended to be Section (d), and amended to read as follows: (d) Mobilehome tenants and recreational vehicle tenants, forced by the lack of suitable alternative housing, have had to pay the rent increases and thereby suffer a reduction in their standard of living. Section 4. That Section (c) under Purpose and Intent of Ordinance No. 294 is hereby amended to be Section (e). Section 5. That Section (d) under Purpose and Intent of Ordinance No. 294 is hereby amended to be Section (f) and amended to read: (f) It has been found that the present low vacancy rate and frequent rent increases are particularly hard upon permanent full time residents of mobilehome and recreational vehicle parks within the City. Large numbers of these residents are senior citizens and others on fixed incomes who installed their mobilehomes in the City when inflationary rent increases could not reasonably have been forseen. f • Section 6. That Section (e) under Purpose and Intent of Ordinance No. 294 is hereby amended to be Section (g). Section 7. That Section (h) under Definitions of Ordinance No. 294 is hereby amended to read as follows: (h) "Mobilehome Dwelling Unit." A structure designed for human habitation as defined by Section 798.3 of the California Civil Code, provided, however, that recreational vehicles which have continuously resided in the same park space for nine (9) or more months shall be considered mobilehomes. This rent stabilization ordinance shall apply to those spaces in recreational vehicle parks which are continuously occupied by the same persons as their actual domicile for nine (9) months or longer. Section 8. That— Section—(e) under Exemptions of Ordinance No. 294 is hereby amended to be Section (f). Section 9. That a new Section (e) under Exemptions of Ordinance No. 294 is hereby added as follows: (e) Mobilehome park spaces which are not occupied as the actual domicile of the mobilehome tenant. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 23rd day of February 1987. AYES: Lemons, Miller, Odell, Reddell NOES: Sheetz ABSENT: None DALE REDDELL, Mayor • a ORDINANCE NO.298 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AMENDING CERTAIN SECTIONS OF CHAPTER 15.48 OF THE MORRO BAY MUNICIPAL CODE THEREBY REORGANIZING THE HARBOR COMMISSION INTO THE HARBOR ADVISORY BOARD THE CITY COUNCIL City of Morro Bay, California THE CITY COUNCIL OF THE CITY OF MORRO BAY HEREBY ORDAINS AS FOLLOWS: SECTION 1. The following sections of Chapter 15.48 of the Morro Bay Municipal Code are hereby amended as follows: 15.48.010 Established. There is created a Harbor Advisory Board consisting of seven members. 15.48.020 Purpose. The purpose of the Board shall be to act in an advisory capacity to the City Council in areas relating to harbor activities. 15.48.030 Qualifications. At least four of the members of the Harbor Advisory Board shall be qualified electors of the City. They shall hold no other public office in the City or employment in the City government and shall serve without compensation. An attempt shall be made to select one member from each of the following interests: A. Morro Bay Commercial Fishermens Association; B. Waterfront Leaseholders Association; C. Marine - Oriented Business; D. Recreational Boating; E. A list of two (2) or more individuals who reside in the Los Osos /Baywood area nominated by the San Luis Obispo County Supervisor representing the City of Morro Bay; F. Two (2) members at large. 15.48.040 Appointments. Appointments to the Harbor Advisory Board and the filling of vacancies shall be made by the City Council. Vacancies shall be filled for the unexpired term only. 15.48.050 Terms of office and vacancies. Members of the Harbor Advisory Board shall serve for a period of four years beginning March, 1987. The term of office of three members shall expire on December 31, 1988 and every four • years thereafter; the term of office of two members shall expire on December 31, 1989 and every four years thereafter; and the term of office for the two remaining members shall expire on December 31, 1990 and every four years thereafter. Vacancies in the Harbor Advisory Board occurring otherwise than by expiration of the terms shall be filled in the manner set forth in this chapter for appointments. 15.48.060 Removal of members. All members of the Harbor Advisory Board shall serve at the pleasure of the City Council. Members may be removed from office by a vote of the majority of all members of the City Council. 15.48.070 Organization. At its first regular meeting following appointment, the members of the Harbor Advisory Board shall select a chairperson and vice - chairperson, both of whom shall hold office for two years and until a _successor is selected. The chairperson shall preside over meetings, and otherwise direct the affairs of the Board. In the absence of the chairperson, the duties of this office shall be performed by the vice - chairperson. 15.48.080 Procedure. The Harbor Advisory Board shall adopt rules and regulations to govern procedure and shall set a time for regular meetings which will be held at least once a month. 15.48.090 Quorum. The majority of the whole membership shall constitute a quorum. 15.48.100 Absence from meetings. Absence of a member from three consecutive meetings without the formal consent of the Harbor Advisory Board noted in its official minutes, or in the event such member shall be convicted of a crime involving moral turpitude, constitutes voluntary resignation of such member and said position shall become vacant and shall be so declared by the City Council. 15.48.120 Staff attendance. The Harbor Director or his designee shall attend meetings of the Harbor Advisory Board and shall maintain an accurate public record of the activities and official actions of the Board. The Harbor Director shall further make such reports to the Board, the City Administrator, and the City Council, as directed by the City Administrator. 15.48.130 Duties and responsibilities. The area of responsibility of the Harbor Advisory Board shall encompass that area designated on the map labeled Exhibit "A" which follows this section. The powers and duties of the Harbor Advisory Board shall be: A. Advise City Council in matters pertaining to: vessels and watercraft within the harbor area, including their use, control, promotion, and operation in said harbor; • navigable waters, wharfs, docks, piers, slips, warehouses, appliances, utilities and public -owned facilities forming a part of or accessory to or relating to said harbor; and water commerce, navigation, or fishery in and about said harbor; B. Review and recommend rules and regulations pertaining to any of the matters listed in subsection A of this section; C. Review and recommend rates, tolls, fees, rents, charges, or other payments to be made for use or operation in the harbor; D. The Board shall make reports and recommendations to the various city boards, commissions or the City Council on matters relating to activities within the harbor when so requested to review items referred by other city boards, commissions or the City Council. Such reports and Board recommendations will be included in presentations before the City Council. _ _ . E. Review annual and long range Harbor plans and programs, and make associated recommendations to the City Council. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 9th day of February 1987, by the following roll call vote: AYES: Lemons, Miller, Odell, Sheetz, Reddell NOES: None ABSENT: None Dale Reddell, Mayor Scn Luis Cb s c CJ., Ccc(c: is HARBOR a S ORY BOARD ORDINANCE NO. 297 City of Morro Bay - ORDINANCE PROHIBITING OFFSHORE OIL DEVELOPMENT SUPPORT FACILITIES WITHIN THE CITY OF MORRO BAY The people of the City of Morro Bay do ordain as follows: Title 17 ZONING shall be Amended to Add a new Chapter 17.72 as follows: 17.72 Ordinance Prohibiting Offshore Oil Development Support Facilities Within Morro Bay. 17.72.010 PURPOSE The purpose of this ordinance is: To prevent Morro Bay from becoming an oil port, personnel - boat center or other logistical base for offshore oil operation. 17.72.020 FINDINGS These findings are based on the City of Morro Bay's General Plan, Housing Element; EIR for Appropriative Water Rights in the Morro and Chorro Basin, May 1986; Quarterly and Annual Water Reports and other documents and informa- tion available and familiar to the City Council and the people of Morro Bay. A. Environment Degradation 1. The City of Morro Bay is a small community with many unique and environmentally sensitive habitat areas. There are critical wetlands habitats for several rare and endangered plant and animal species. Morro Bay is a bird sanctuary established by the local Audubon Society. 2. The Estuary is among the last remaining natural estuaries along the coast of California and needs to be protected. 3. The City of Morro Bay is located in a physical setting with spectacular visual qualities. The visual resources of the community serve as valuable assets to both City residents and visitors. -1- 4. Environmental studies designed to evaluate the potential impacts of oil and gas exploration and extraction activities on sensitive marine and coastal resources are not yet complete. Until these studies are completed, it is im- possible to weigh the risks of offshore oil development against the potential royalties or energy benefits. 5. Environmental impact reports prepared to assess the effects of offshore drilling actually predict large scale oilspills. In addition to the destruction of marine life, spills could reach the shoreline, destroying habitat and reducing or eliminating seabird and other animal populations. 6. Oil spill containment technologies do not exist for sea conditions with waves or swells exceeding seven feet, a common occurrence off -shore of Central California. Spills could not effectively be directed away from sensitive estuaries and bays where oil contamination would have a most devastating and long - lasting impact. B. Effects on Morro Bay Economy 1. The commercial fishing industry historically played a significant role in the development of Morro Bay, and continues to provide an economic source for the community as well as serving as an important tourist attraction. The California Coastal Act of 1976 requires Morro Bay to protect and, where feasible, upgrade commercial and recreational fishing facilities. The City has a policy of giving priority to commercial fishery in existing harbor facilities and in new harbor development. 2. Morro Bay is one of the last true fishing ports along the coast of California and as such should be preserved. 3. There is a shortage of suitable wharfage space, moorings and areas for expansion of the commercial fishing industry. Morro Bay Harbor cannot accommodate boats of the size generally associated with oil development service bases. To do so would require a total redesign and redevelopment of the Harbor and a tremendous amount of dredging. Lands available for additional wharfage are critical to the City's plans to develop facilities to meet the priority needs of the commercial fishing industry. 4. Due to the similarities in the requirements of commercial fishing boats and of oil support vessels, and because the oil industry can afford to pay more for the services required by their boats than can the fishing industry, commercial fishing would tend to be displaced. -2- 5. Tourism is an important part of the City's economy with the quality of the beaches and the beautiful visual re- sources being a prime factor in the success of the tourist industry. Oil and gas development anywhere off Central California could have disastrous effect on beaches within the City and the tourist industry. C. Impact of Onshore Facilities 1. Support facilities for offshore oil and gas development cannot be accommodated in the City of Morro Bay. The City's Local Coastal Program contain no sites designated for onshore support facilities associated with offshore oil development. Any site in the City would have debilitative effects on the local economy and environment. 2. The City relies solely on finite groundwater basins currently in overdraft conditions, resulting in a complete building moratorium which has only been partially alleviated. There is not sufficient water to accommodate any oil support facilities in the City. 3. The Goals for 1986 in the General Plan, Housing Element, particularly for affordable housing are not being met due to lack of water. Location of oil crews in Morro Bay would put greater demand for housing than could be met thereby displacing lower income residents. D. Consistency 1. This ordinance is consistent with the City's General Plan. 2. This ordinance is consistent with the City's Local Coastal Program. 17.72.030 IMPLEMENTATION There shall be no construction, reconstruction, operation or maintenance of any commercial or industrial facility within the City, including but not limited to business or personnel office, oil or gas storage facilities, pipe, drilling materials, or equipment repair or storage facilities, or any other aid or support, which operates directly or in- directly in support of any offshore oil or gas exploration, development, drilling, pumping or production; nor shall there be any construction, reconstruction, operation or maintenance of any pipeline within the City for the trans- mission of any oil or natural gas taken or removed from any offshore oil or gas drilling or pumping operations. -3- 17.72.040 ZONING CHANGES A. This ordinance shall not be amended nor repealed without a vote of the people. B. No zoning changes to accommodate onshore support facilities for offshore oil or gas exploration, development, drilling, pumping or production shall be enacted without a vote of the people of the City of Morro Bay. 17.72.050 EFFECT OF ADOPTION A. Adoption of this ordinance by the people of the City of Morro Bay shall repeal that Initiative Ordinance Number 283 adopted by the City Council of the City of Morro Bay on April 28, -1986 which became effective on May 28, 1986. B. Adoption of this ordinance by the people does not amend nor rescind any consistent provisions of the General Plan, Local Coastal Program or Zoning ordinances but does strengthen and define such consistent provisions. 17.72.060 SEVERABILITY If any section, sentence, clause, phrase, or part of this Ordinance is held to be invalid, the remainder of the Ordinance shall be given full effect consistent with the intent and purpose of the Ordinance. CERTIFICATION I, GARY A. NAPPER, City Clerk of the City of Morro Bay, do hereby certify that the foregoing is a true and correct copy of an ordinance (Measure C) adopted by a majority vote of the electors voting in the general municipal election held in the City of Morro Bay on the 4th day of November, 1986. Dated: January 13, 1987 L�G� /J 4 -witirob is GARY A. t: • j'•L Clerk City of Morro Bay ,jI- lifornia -4- ORDINANCE NO. 296 AN ORDINANCE TO AMEND THE MORRO BAY LAND USE PLAN (LUP) REGARDING THE AREA DESIGNATED AS THE WILLIAMS PROPERTY IN ORDER TO PROVIDE THAT LAND WHICH IS NOT IN FACT SUITABLE FOR AGRICULTURAL USES MAY BE CONSIDERED BY THE CITY OF MORRO BAY FOR APPROPRIATE FUTURE DEVELOPMENT. The people of the City of Morro Bay do ordain as follows: Section 1. The City shall amend its Coastal Land Use Plan (LUP) and all applicable ordinances, policies and maps to designate a portion of the Williams property within the City limits for appropriate commercial and visitor - serving uses; including a new shopping center. The total area to be designated for such uses, shall be thirty (30) net acres generally located adjacent to Highway 1 and Morro Bay Boulevard, with approximately fifteen (15) net acres to be available for "district commercial" uses and approximately fifteen (15) net acres to be available for "visitor- serving" uses. The siting of such uses shall be in accordance with a precise development plan consistent with the LUP and relevant Coastal Act and Chapter 3 policies. Nothing contained herein shall be construed to permit any residential development on the Williams property. Section 2. Upon adoption, this ordinance shall be immediately submitted to the California Coastal Commission for certification as an amendment to the Land Use Plan for the City of Morro Bay. Section 3. If any provision of this ordinance is adjudged invalid by a court of competent jurisdiction, such provision shall be deemed separate, distinct and severable and such adjudication shall not affect the remaining provisions of the ordinance. Section 4. This ordinance shall supersede all other ordinances and LUP policies in conflict therewith. CERTIFICATION I, GARY A. NAPPER, City Clerk of the City of Morro Bay, do hereby certify that the foregoing is a true and correct copy of an ordinance (Measure B) adopted by a majority vote of the electors voting in the general municipal election held in the City of Morro Bay on the 4th day of November, 1986. Dated: January 13, 1987 1 4� ----=-11-1111;94111tai.ag GARY A. NA ?' , n e City of Morro Ba 44 alifornia • ORDINANCE N0. 295 AN URGENCY ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ADOPTING A TIME EXTENSION FOR AN INTERIM URGENCY ZONING ORDINANCE FOR THE HOTEL /MOTEL INTERIM MORATORIUM (ORDINANCE NO. 293) WHEREAS, the City Council of the City of Morro Bay, California, did on October 27, 1986, adopt Ordinance No. 293, an interim urgency zoning ordinance prohibiting further development of hotels and motels determined not to be "in process projects "; and WHEREAS, said ordinance will automatically expire on December 11, 1986, unless extended by the Council; and WHEREAS, California Government Code Section 65858(b) allows such ordinances to be extended up to 22 months and 15 days; and WHEREAS, on November 24, 1986, the City Council did adopt a written report in compliance with Government Code Section 65858 setting forth a plan of study designed to alleviate the conditions leading to the adoption of Ordinance 293; and WHEREAS, the performance of the above - referenced plan of study will require a period of time extending beyond the 45 day period of Ordinance 293; and WHEREAS, on December 8, 1986, the City Council did conduct a public hearing to consider such a time extension; and WHEREAS, after said public hearing the City Council did find that the time extension is necessary based on the same findings and reasons cited in Ordinance No. 293 which are incorporated herein by this reference. NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Morro Bay, as follows: 1. That the City Council does hereby adopt Ordinance No. 295 extending Ordinance No. 293 to October 27, 1988, or until the effective date of the above - referenced plan of study and related zoning ordinance modifications, whichever is sooner; and 1 ORDINANCE NO. 295 Page Two 2. The City Council hereby adopts Ordinance No. 295 as an interim urgency zoning ordinance which shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED, on this 8th day of December, 1986, by the following vote: AYES: Lemons, Miller, Odell, Sheetz, Reddell NOES: None ABSENT: None ATTEST: APPROVED AS TO FORM: JU Y S •USEN,�City Attorney 2 DALE RED i LL, Mayor • ORDINANCE NO. 294 ORDINANCE OF THE CITY OF MORRO BAY TO ESTABLISH MOBILEHOME AND RECREATIONAL VEHICLE PARK RENT STABILIZATION T H E C I T Y C O U N C I L City of Morro Bay, California PURPOSE AND INTENT (a) There is presently within the City of Morro Bay a shortage of spaces for the location of existing mobilehomes and recreational vehicles. Because of this shortage, there is a very low vacancy rate, and rents have been for several years, and are presently, rising rapidly and causing concern among a substantial number of Morro Bay residents. (b) Mobilehome tenants, forced by the lack of suitable al- ternative housing, have had to pay the rent increases and thereby suffer a reduction in their standard of living. (c) Because of the high cost and impracticability of moving mobilehomes, the potential for damage resulting therefrom, the requirements relating to the installation of mobilehomes, includ- ing permits, building requirements, landscaping and site prepara- tion, the lack of alternative homesites for mobilehome residents, and the substantial investment of mobilehome owners in such homes, it is necessary to protect the owners and occupiers of mo- bilehomes from unreasonable rent increases, while at the same time recognizing the need of park owners to receive a suitable profit on their property with rental income sufficient to cover increases in the costs of repair, insurance, maintenance, utili- ties, employee services, additional amenities, and other costs of operation, and to receive a fair return on their property. (d) It has been found that the present low vacancy rate and frequent rent increases are particularly hard upon residents of mobilehome parks within the City. Large numbers of these resi- dents are senior citizens and others on fixed incomes who in- stalled their mobilehomes in the City when inflationary rent in- creases could not reasonably have been foreseen. (e) However, it is recognized that a rent stabilization or- dinance must be fair and equitable for all parties and must pro- vide appropriate incentives for mobilehome park operators to con- tinue their parks profitably, as well as to attract additional investors for new parks. DEFINITIONS For the purpose of this chapter certain words and phrases used herein are defined as follows: Ordinance No. 294 • Page 2 • (a) "Mobilehome Park Rent Review Board" or "Board." The Mobilehome Park Rent Review Board established by this Chapter. (b) "Capital Improvements." Those improvements that mate- rially add to the value of the property and appreciably prolong its useful life or adopt it to new uses, and which may be amor- tized over the useful life of the improvement in accordance with Internal Revenue Code and regulations issued thereto; provided that this definition shall be limited to capital improvements ei- ther approved by more than 50% of the tenants in the affected park or constructed to comply with the direction of a public agency. (c) "Mobilehome Park." An area of land which rents spaces for mobilehome dwelling units. (d) "Mobilehome Park Owner" or "Owner." The owner, lessor, operator or manager of a mobilehome park. (e) "Mobilehome Tenant" or "Tenant." Any person entitled to occupy a mobilehome within a mobilehome park pursuant to own- ership of the mobilehome or under a rental or lease agreement with the owner of the mobilehome. (f) "Rehabilitation Work." Any renovation or repair work completed on or in a mobilehome park performed in order to comply with the direction or order of a public agency, or to repair dam- age resulting from fire, earthquake or other casualty. (g) "Space Rent." The consideration, including any secu- rity deposits, bonuses, benefits or gratuities, demanded or re- ceived in connection with the use an occupancy of a mobilehome space in a mobilehome park, or for housing services provided, but exclusive of any amount paid for the use of a mobilehome dwelling unit. (h) "Mobilehome Dwelling Unit." A structure designed for human habitation as defined by Section 798.3 of the California Civil Code, provided, however, that recreational vehicles which have continuously occupied the same space for nine (9) months or more, shall be considered mobilehomes. This rent stabilization ordinance shall apply to those spaces in recreational vehicle parks which are continuously occupied by the same recreational vehicle for nine (9) months or longer. EXEMPTIONS The provisions of this Chapter shall not apply to the fol- lowing tenancies in mobilehome parks: (a) Mobilehome park spaces rented for non - residential uses. (b) Mobilehome parks managed or operated by the United States Government, the State of California, the County of San Luis Obispo, or the City of Morro Bay. Ordinance No. 294 • • Page 3 (c) Tenancies which do not exceed an occupancy of thirty (30) days and which do not contemplate an occupancy of more than thirty (30) days. (d) Tenancies for which any Federal or State law or regula- tion specifically prohibits rent regulation. (e) Mobilehome parks which sell lots for factory -built or manufactured housing, or which provide condominium ownership of such lots, even if one or more homes in the development are rented or leased out. MOBILEHOME REVIEW BOARD (a) There is hereby established a Mobilehome Rent Review Board consisting of five (5) members of the Morro Bay City Council. (b) The City Administrator shall appoint a staff member to be liaison and secretary to the Board. The secretary shall main- tain an accurate public record of the activities and official ac- tions of the Board. (c) The Board members shall be persons who are not con- nected with the mobilehome rental housing industry for their per- sonal gain. None of the members shall be tenants of a mobilehome park or have any financial interest (as defined by State Law) in any mobilehome park. The members shall file a declaration to this effect in the office of the City Clerk. (d) Board members shall not be compensated for their ser- vices as such, but may receive reimbursements as provided by the City budget for traveling and other expenses incurred while on official duty. (e) Terms of Board members shall be the same as their term of office as City Council members. POWER AND DUTIES OF THE BOARD Within the limitations provided by law, the Board shall have the following powers and duties: (a) To meet from time to time as required by this Chapter. (b) To receive, investigate, hold hearings on, and render opinions upon the issues relating to mobilehome park rent stabi- lization as set forth in this Chapter, or to any decreases in, or charges for, services or facilities. (c) To make or conduct such independent hearings or inves- tigations as may be appropriate to obtain such information as necessary to carry out its duties. Ordinance No. 294 • Page 4 (d) To render after every rent review hearing a written re- port concerning its activities, holdings, actions, results of hearing, and all other matters pertinent to this Chapter which may be of interest to the public in general. (e) To adopt, promulgate, amend and rescind administrative rules, as it deems appropriate to effectuate the purpose and policies of this Chapter. DETERMINATION OF BASE RENT AND ALLOWABLE INCREASES (a) The base rent for purposes of this Chapter shall be the monthly space rent charged as of January 1, 1986. On the effec- tive date of this ordinance, the rent charged for each space by a park owner shall be reduced to that amount the tenant paid as rent on January 1, 1986. Any reduction in services or amenities, after said effective date, shall result in a corresponding de- crease in base rents. (b) Except as otherwise provided in this Chapter, the maxi- mum monthly space rent may be increased on January 1, 1987, and once each January thereafter by an increase over the then exist- ing space rent equal to seventy -five percent (75%) of the cost of living increases (All Urban Consumers, Los Angeles, Long Beach, Anaheim area as furnished by the Division of Labor Statistics and Research, State of California, Department of Industrial Rela- tions) for the 12 month period from September through August. (c) Notwithstanding the one year limitation, upon change of occupancy, except for a change due to the involuntary eviction of a tenant or for a change due to the death of a tenant wherein the deceased tenant's spouse, parents, or children take over the oc- cupancy, the rent may increase no more then $10.00 per month. The ten dollar ($10.00) increase allowed in this paragraph shall be increased by one hundred percent (100%) of the annual percent- age increase in the CPI. However, where a new occupant subleases or assumes an existing space lease, the space rental in the ex- isting space lease shall be subject to such increase. (d) No owner shall either (1) demand, accept or retain a rent from a tenant in excess of the maximum rent permitted by this Chapter or (2) effect a prohibited rent increase by a reduc- tion of general park facilities or services; provided, however, that an owner may, with the written consent of 66% of the spaces then rented in the park to which this ordinance is applicable, with each such space having only one vote, increase the rent to an amount greater than allowed herein once each year without the necessity of applying to the rent review board for such increase. Such increases may take into consideration cost of living in- creases plus other costs and expenses incurred by the owner in- cluding but not limited to increases in utility rates, property taxes, insurance, advertising, variable mortgage interest rates, employee costs, normal repair and maintenance and other costs and expenses. Ordinance No. 294 411 • Page 5 (e) Any tenant or tenant's organization may appeal an in- crease under (d) above, to the Rent Review Board. Such appeal shall be accompanied by a non - refundable fee of Two Dollars ($2.00) per space in the subject mobilehome park. HARDSHIP EXCEPTIONS: APPLICATION (a) An owner who has been required to make extraordinary expenditures or has incurred costs of such amounts that he will be unable to make a just and reasonable return on this property given the maximum increase permitted by the section above, may file with the Board an application for a rent increase for one or more spaces or application to reduce, or charge for, certain ser- vices or facilities, in either event referred to hereinafter as "application" or "application for rent increase." (b) An application for a rent increase pursuant to this Section shall be accompanied by a non - refundable payment of a fee of Two Dollars ($2.00) per space in the subject mobilehome park. The application shall specify, as applicable, the address of the mobilehome park, the space number or numbers for which rent is requested to be increased, the amount of the requested rent in- crease or service of facilities reduction or charges, the pro- posed effective date of such increase, reduction or charge and the facts supporting the application. The applicant shall pro- duce at the request of the Board any records, receipts, reports or other documents that the Board may deem necessary for the Board to make a determination whether to approve the application. (c) The owner shall serve each affected tenant,, either per- sonally, or by mail, with notice of the rent increase or decrease or change in services or facilities requested and with notice that application for approval of same is being filed with the Board. Proof of service complying with this Ordinance and all applicable State laws shall be filed with the Board concurrent with the filing of the application. Copies of the application shall be available free of charge to any affected tenants re- questing same at the business office in the affected park. (d) The Board shall set a hearing on the application com- plying with the requirements of the Section no less than ten (10) days and no more than thirty (30) days after receipt of the ap- plication and proof of service. The Board shall notify the owner and tenants, in writing, of the time, place and date set for the hearing. No hearing or any part thereof may be continued beyond thirty (30) days after the initial hearing date, without the owner's consent. If the Board approves an application as re- quested or as modified, the same shall take effect as noticed by the owner or as the Board may otherwise direct. CONDUCT OF THE HEARING (a) All review hearings held by the Board shall be con- ducted in accordance with the Ralph M. Brown Act, as section 54950 et. seq. of the California Government Code. Ordinance No. 294 • Page 6 0 (b) All interested parties to a hearing may have assistance from an attorney or such other person as may be designated by the parties in presenting evidence or in setting forth by argument their positions. All witnesses shall be sworn in and all testi- mony shall be under penalty of perjury. (c) In the event that either the owner or the tenant(s) should fail to appear at the hearing at the specified time and place the Board may hear and review such evidence as may be pre- sented, and make such decisions as if all parties had been present. (d) Applicant and affected tenants may offer testimony, documents, written declarations or other relevant evidence and the formal rules of evidence shall not apply. (e) Minutes shall be taken at all review hearings. Either the applicant or tenants will have the right to procure the ser- vices of a court reporter at their own expense to record and transcribe the proceedings. STANDARDS OF REVIEW In evaluating the application the Board may consider, along with all other factors it considers relevant, changes in costs to the owner attributable to an increase or decrease in utility rates, property taxes, insurance, advertising, variable mortgage interest rates, employee costs, normal repair and maintenance, master land and /or facilities lease rent provided such lease to a bona fide third party existed prior to January 1, 1987, and other considerations, including, but not limited to, rehabilitation work, capital improvements, upgrading and addition of amenities or services, net operating income, and the level of rent neces- sary to permit a just and reasonable return on the owner's property. DECISION OF THE BOARD (a) The Board shall make a final decision no later than twenty (20) days after the conclusion of its hearing. The Board's decision shall be based on the preponderance of the evi- dence submitted at the hearing. The decision shall be based on findings. All parties to the hearing shall be advised by mail of the Board's decision and findings. (b) Pursuant to its findings, the Board may (1) permit the requested rent increase to become effective, in whole or in part, or (2) deny the requested rent increase, or (3) permit or deny in whole or in part, requested reductions, of or charges for, facil- ities or services. (c) The decision of the Board shall be final. (d) The decision of the Board is subject to adjudication between tenants and park owners in the appropriate civil court. Ordinance No. 294 • S Page 7 TENANT'S RIGHT OF REFUSAL A tenant may refuse to pay any increase in rent not made in conformity with this chapter. Such refusal to pay shall be a de- fense in any action brought to recover possession of a mobilehome space or to collect the rent increase. RETALIATORY EVICTION Notwithstanding the above section, in any action brought to recover possession of a mobilehome space, the court may consider as grounds for denial any violation of any provisions of this Chapter. Further, the determination that the action was brought in retaliation for the exercise of any rights conferred by this Chapter shall be grounds for denial. CIVIL REMEDIES If any owner demands, accepts, receives or retains any pay- ment of rent in excess of the maximum lawful space rent, as de- termined under this chapter, then the tenants in such mobilehome park affected by such violation individually or by class action, may seek relief in a court of appropriate jurisdiction for in- junctive relief and damages. OWNER TO PROVIDE COPY OF THIS CHAPTER A mobilehome park owner shall provide free of charge a copy of this Chapter to all current tenants within sixty (60) days of the effective date of this ordinance, and to all new tenants within thirty (30) days of occupancy, and prior to offering the tenant a lease. ANNUAL REPORT The Rent Review Board staff shall present to the City Coun- cil each February an Annual Report containing the activities of the Rent Review Board, and highlights of the Board's actions. The Report shall also contain recommendations for improvement in the mobilehome ordinance and shall provide an evaluation of the effectiveness of the ordinance. SEVERABILITY (a) If any provision of any clause of this Chapter or the application thereof to any person or circumstances is held to be unconstitutional or to be otherwise invalid by a final judgment of any court of competent jurisdiction, such invalidity shall not affect other provisions or clauses of applications thereof which can be implemented without the invalid provision or clause or ap- plication, and to this end, the provisions and clauses of this Chapter are declared to be severable. Ordinance No. 294 M Page 8 PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 24th day of November 1986, by the following vote: AYES: Kaltenbach, Risley, Sheetz, Zeuschner NOES: None ABSENT: Miller ATTEST: ►, t0i BiiD ZEUSir ER, Mayor • • ORDINANCE NO. 293 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ADOPTING AN INTERIM URGENCY ZONING ORDINANCE PROHIBITING FURTHER DEVELOPMENT OF VISITOR ACCOMMODATIONS WHEREAS, the City Council of the City of Morro Bay, California, requested a public study session on September 29, 1986, to address concerns raised over the amount of hotel /motel development occurring within the City; and WHEREAS, while the moratorium is to be in effect, the City shall conduct a study to determine modifications to existing development standards relating to hotel /motel development; and WHEREAS, it is anticipated that the study will review the advisability of lowered height limits, reduced motel densities, and additional zoning protection for visual resources and views, and reduced traffic and circulation impacts relative to existing zoning standards for hotel /motel development; and WHEREAS, Section 65858 of the California Government Code permits a city to adopt as an urgency measure interim ordiances prohibiting uses which may conflict with the contemplated development standards which the City is, considering or studying; and WHEREAS, this interim ordinance is in conformance with the Coastal Act and the City's certified Local Coastal Program; WHEREAS, on October 27, 1986, the City Council did conduct a Public Hearing to consider adoption of such an interim ordinance; and WHEREAS, after said Public Hearing the City Council did make the following findings regarding the proposed interim ordinance: 1. There exists ,a current and immediate threat to public safety, health and welfare with regard to existing standards for construction of visitor accommodation facilities which requires additional study and discretionary action of the Council to abate or diminish through amendment or addition to the Zoning Ordinance of the City. 2. That approval of additional use permits, coastal permits, or similar entitlements for hotel /motel development could conflict with the contemplated changes in development standards and therefore would result in a threat to public health, safety, or welfare: 1 Ordinance No. 293 Page Two a. Such projects could be excessively tall, unnecessarily blocking public views, reducing property values, and thereby threatening the public welfare; b. Such projects could result in excessive motel unit densities and building intensities resulting in increasing traffic, exacerbating potential circulation problems in the downtown area and particularly at intersections on Main Street and Morro Bay Boulevard, Main Street and Highway 41, and Morro Bay Boulevard and Highway One, thereby threatening public safety; c. Such projects could produce unnecessary and excessive noise and glare impacts, thereby threatening public health and welfare; d. Such projects could unnecessarily reduce open space, landscaping and related visual amenities, thereby impacting the viability of commerce and enjoyment of the area by visitors, and thus impacting public welfare; e. Such projects could significantly impact the amount of water available for existing uses within the City, reducing the ability of the City to provide an adequate water supply to its residents and thereby threatening public health, safety and welfare. 2. That because there are numerous vacant or underutilized properties in the subject area for which development proposals are very likely, this threat is current and immediate. NOW THEREFORE, BE IT ORDAINED, by the City council of the City of Morro Bay, as follows: That the City Council does hereby adopt as an urgency measure, a interim ordinance prohibiting uses which could conflict with the proposal to modify existing development standards for hotel /motel development. This ordinance shall take' effect immediately upon its adoption. BE IT FURTHER RESOLVED THAT: 1. Said urgency measure shall not apply to those hotel /motel development projects currently "in process" (any project which demonstrates vested interest rights), as that term 2 Ordina¢ce No. 293 Page�4r� P shall be defined by the City Council, within the City of Morro Bay, and; 2. Provided that the urgency measure shall not prohibit improvements, maintenance, or interior alterations to existing hotel /motel development, as long as there is no increase in number of motel units, increase in building height, and limits enlargements or expansions to 200 square feet or less per site. PASSED, APPROVED, AND ADOPTED, on this 27th day of October, 1986, by the following vote to wit: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None ATTEST: APPROVED AS TO FORM: 1 J Y SKOUSjN, City Attorney 3 BUD ZE NER, Mayor • ORDINANCE N0._291 AN•ORDINANCE AMENDING MORRO BAY MUNICIPAL CODE SECTION 13.20.090 THE CITY COUNCIL City of Morro Bay, California The City Council of the City of Morro Bay does ordain that Section 13.20.090 of the Morro Bay Municipal Code be amended by addition of the provisions described on Exhibit "A" attached hereto. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof, held on the 22nd day of Sept., 1986, by the following roll call vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None ATTEST: APPROVED AS TO FORM AND LEGAL EFFECT: JU1QY SKOI�SEN, City Attorney 0 Exhibit "A" ADDENDUM TO CHAPTER 13.20 "BUILDING LIMITATION ORDINANCE" 13.20.090 Nontransferability of water equivalency units. A. A water equivalency unit shall be awarded only to a specific project in a specific location. Minor amendments to projects which do not change the type or intensity of use may be approved without loss of equivalencies so long as the project site and project proponent do not change. B. A water equivalency unit that has been allocated to a specific project cannot be transferred to another project, property, or person unit approved for final occupancy pursuant to Section "•H" below; except, however, that transfer to a new person may be allowed under the following circumstances, subject to City Council approval: 1. Death of the project proponent, in which case the equivalencies may be transferred to the legal heirs; or 2. Bankruptcy of the project proponent, in which case the equivalencies may be transferred to the creditors along with other project entitlement; 3. In cases 1 and 2 above, the Council may authorize the transfer of the equivalencies along with other project entitlements to a new developer. C. Additionally, in cases of personal hardship not involving the death of the project proponent or bankruptcy, the Council may also authorize the transfer of the equivalencies and other project entitlements to a new developer. D. Personal hardship shall be defined as follows: 1. Unforseeable circumstances beyond the control of the project proponent which place the proponent so near to bankruptcy that denial of the hardship application would force the proponent into bankruptcy; 2. A long term serious illness or disability which incapacitates the proponent from completing the project; 3: The d4sselet #en e€ marriage of paftnefshfp e€ seeh peteens et entities when the pteyeet is awned 3e4nt €y by mete than ene pefsen of entfty; and 4 Exhibit AAA Page Two 4: Hn €efseeable a #feumstanees beyead the eentfel e€ the pfegeet pfepenent wh #eh €efee the pfepenent to ehange his fes +denee when the pfeieet was pfepesed as the pfepenentls main fee #denee: E. A personal hardship may only be approved bay the Council, after review by the Planning Commission. F. Application for transfer of equivalencies as part of a hardship shall be made in writing by the project proponent and the following information shall be provided: 1. Nature of personal hardship; 2. Cause of hardship; 3. Circumstances of the personal hardship to justify the request. G. A project proponent must be the record owner of a property in order to be eligible to obtain water equivalencies. H. Equivalencies shall run with the project and the property and, except as provided above, may be transferred to a new person after final occupancy has been approved by the City. The project which has been approved by the City for phased development, equivalencies may be transferred with the project to a new person after a phase has been approved for final occupancy. 5 ORDINANCE NO. 290 AN ORDINANCE AMENDING SECTION 13.04.230 OF THE MORRO BAY MUNICIPAL CODE THE CITY COUNCIL City of Morro Bay, California The City Council of the City of Morro Bay does ordain as follows: Section 13.04.230 of the Morro Bay Municipal Code is amended to read as follows: 13.04.230 Collection of past -due accounts. In the event that any fees and other charges due from any occupant of any premises for utility services, as provided for in Title 13 of this code, should become due and payable and fall delinquent, the owner or owners of the premises, whether or not other than the occupant, shall forthwith be jointly and severally liable for the payment ' of all such fees and charges which have fallen delinquent. The Council hereby adopts procedures similar to those appearing in Government Code Section 54.354 et seq., for the purpose of collecting delinquent utility service charges and penalties: A. Any charges or fees authorized pursuant to the provisions of Title 13 of this code, which charges remain unpaid for a period of sixty days after the date upon which they are billed, may be collected thereafter by the City from the owner of record of any premises provided utility services,as follows: 1. Once each year, the Council shall cause to be prepared a report of delinquent charges, fees and penalties. The Council shall fix a time, date and place for hearing the report and objections or protest thereto. 2. The Council shall cause a notice of the hearing to be mailed to the landowners listed on the report not less than thirty days prior to the day of the hearing. 3. At the hearing, the Council shall hear any objections or protests of landowners liable to be assessed for delinquent charges, fees and penalties. The Council may make such revisions or corrections to the report as it deems just, after which, by resolution, the report shall be confirmed. 4. The delinquencies set forth in the report as confirmed shall constitute a lien on the property for the amount of such delinquent charges, fees and penalties. The lien created shall attach upon the recordation in the office of the County Recorder of a certified copy of the resolution of confirmation. • ORDINANCE NO. 290 PAGE TWO B. In the event that any fees and other charges due from any occupant of any premises for sewer services, as provided for in Title 13 of this code, should become due and payable and fall delinquent, the owner or owners of the premises, whether or not other than the occupant, shall forthwith be jointly and severally liable for the payment of all such fees and charges which have fallen delinquent. 1. The City Council hereby elects to have delinquent sewer service charges collected on the County tax roll in the same manner as its general taxes, as an alternative to other methods of collection prescribed in this chapter, pursuant to Health and Safety Code Sections 5473 through 5473(a). C. Nothing contained in this chapter shall limit the right of the City to proceed against any customer for any delinquencies due under Title 13 of this code. Nothing contained in this chapter shall prevent the City from availing itself of any other legal remedy by which the City might collect such charges, fees or penalties. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a meeting of said City Council held this nth day of August, 1986, by the following roll call vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None ATTEST: A BUD ZEUSCHN May or • 1 ORDINANCE NO. 289 AN ORDINANCE OF THE MORRO BAY CITY COUNCIL AMENDING CHAPTER 9.24 OF THE MORRO BAY MUNICIPAL CODE DESIGNATING NO- SMOKING AREAS IN CERTAIN PUBLIC AND WORK PLACES T H E C I T Y C O U N C I L City of Morro Bay, California THE CITY COUNCIL OF THE CITY OF MORRO BAY DOES ORDAIN AS FOLLOWS: Section 1. Chapter 9.24, No- Smoking Areas, is hereby amended to read as follows: Sections: 9.24.010 Purpose 9.24.020 Definitions 9.24.030 Prohibition in Certain Public Places 9.24.040 Optional Prohibition 9.24.050 Regulation of Smoking in the Workplace 9.24.060 Posting Signs 9.24.070 Compliance 9.24.080 Violation -- Penalty 9.24.010 Purpose. Because smoking of tobacco, or any other weed or plant, is a positive danger to health and a cause of ma- terial annoyance, inconvenience, discomfort, and a health hazard to those who are present in confined places; and in order to serve public health, safety, and welfare, the declared purpose of this chapter is to prohibit the smoking of tobacco, or any other weed or plant, in certain areas which are used by or open to the public, including workplaces. 9.24.020 Definitions. For the purpose of this chapter, the following words shall be defined as follows: A. "Employee" shall be defined as any individual who re- ceives remuneration for services performed within the City. B. "Employer" shall be defined as any person, partnership, corporation, including municipal corporation, who employs the services of an individual person or persons. C. "Retail food production and marketing establishment" means any room, building or place, maintained, used or operated for or in conjunction with the retail sale of food, or prepara- tion of food, but does not include an eating establishment, vehicle, wholesale food manufacturing, distribution or storage Ordinance No. 289 Page 2 • establishment, locker plant, or food establishment which is open to the outside air. D. "Service line" shall be defined as any indoor line where persons await service of any kind, regardless of whether or not such service involves the exchange of money. Such service shall include, but is not limited to, sales, giving information, directions, advice, and transfer of money or goods. E. "Smoke" or "smoking" shall mean and include the carry- ing of a lighted pipe, or lighted cigar, or lighted cigarette of any kind, or the lighting of a pipe, cigar, or cigarette of any kind. F. "Workplace" shall be defined as any interior space un- der the control of a public or private employer which employee(s) normally frequent during the course of employment, including, but not limited to, work areas, employee lounges, conference rooms, and employee cafeterias. A private residence is not a workplace under this section. 9.24.030 Prohibition in Certain Public Places. Smoking shall be prohibited in the following places within the City of Morro Bay to the extent the same are subject to the jurisdiction of or licensing by the City of Morro Bay: A. Elevators, museums, galleries, public transportation facilities open to the public, and service lines of establish- ments doing business with general public; B. Waiting rooms, sleeping rooms or public hallways of every private or public health care facility, including, but not limited to, hospitals; provided further, however, that this pro- hibition shall not prevent the establishment of a separate wait- ing room in which smoking is permitted, as long as there also ex- ists a waiting room in the same facility in which smoking is pro- hibited. This prohibition shall not apply to private rooms; C. All buildings occupied by City staff, owned or leased by the City, or otherwise operated by the City of Morro Bay, ex- cept in areas which the City Administrator may designate as smok- ing area only if the area involved: 1. is not regularly open to the 2. does not require major room tions; and 3. is not regularly occupied by public; and or building modifica- non- smokers. In any dispute arising under the smoking area designations made by the City Administrator hereunder, the rights of the non- smoker shall be given precedence. D. Within any building not open to the sky which is pri- marily used for the purpose of exhibiting any motion picture, Ordinance No. 289 Page 3 6 s stage drama, lecture, musical recital or other similar perfor- mance whenever open to the public (except when smoking is a part of a stage production); within all restrooms; except that smoking will be allowed in an area commonly referred to as a lobby if such lobby is physically separated from the spectator area; E. Within all public areas in every retail food produc- tions and marketing establishment; F. All restrooms open for public use; G. Laundromats open to and available for use by the public; H. Eating establishments. An owner of a restaurant, cof- fee shop, cafeteria, short -order cafe, luncheonette, sandwich shop, soda fountain, or other eating establishment, seating 30 or more persons, must post "No Smoking" signs within the eating establishment providing for no- smoking areas which shall consti- tute not less than 50 percent of the seating capacity of the floor space in which customers are served. An owner of an eating establishment who provides no- smoking areas within the es- tablishment as provided hereinabove may, by discretion, cause to be posted in a conspicuous location outside of the establishment a sign that informs the general public that "No Smoking" areas are provided within. 9.24.040 Optional Prohibition. All managers and owners of any establishments serving or doing business with the public other than those specifically covered under section 9.24.030 "Prohibition in Certain Public Places," and Section 9.24.050, "Regulation of Smoking in the Workplace," may at their discre- tion, as an optional and additional prohibition, post "No Smok- ing" signs within various areas of their businesses and utilize the full right of the provision of this chapter; provided, how- ever, such posting must be annualized and consistent with their business license term. 9.240.050 Regulation of Smoking in the Workplace. Each em- ployer who operates a workplace in the City shall, within sixty (60) days of the effective date of this section, adopt, imple- ment, and maintain a written smoking policy which shall contain, at a minimum, the following provisions and requirements: A. Any non - smoking employee may object to his or her em- ployer about smoke in his or her workplace. Using already avail- able means of ventilation or separation or partition of office space, the employer shall attempt to reach a reasonable accommo- dation, insofar as possible, between the preferences of non -smok- ing employees and smoking employees. However, an employer is not required by this section to make any expenditures or structural changes to accommodate the preferences of non - smoking or smoking employees. Ordinance No. 289 Page 4 • • B. If an accommodation which is satisfactory to all af- fected non - smoking employees cannot be reached in any given work- place, the preferences of non - smoking employees shall prevail and the employer shall prohibit smoking in that workplace. Where the employer prohibits smoking in a workplace, the area in which smoking is prohibited shall be clearly marked with signs. C. The smoking policy required by this section shall be announced within three (3) weeks of adoption to all employees working in workplaces in the City and posted conspicuously in all workplaces in the City under the employer's jurisdiction. D. This section is not intended to regulate smoking in the following places and under the following conditions within the City: 1. A private home which may serve as a workplace; 2. Any property owned or leased by a county, state or federal governmental agency; 3. Any office space leased or rented by a sole inde- pendent contractor. 9.24.060 Posting of Signs. Signs which designate smoking or no smoking areas established by this chapter shall be clearly, sufficiently, and conspicuously posted in every room, building entrance or other place so covered by this chapter. The manner of such posting, including the word, size, color, design, and place of posting, whether on walls, doors, tables, counters, stands or elsewhere, shall be at the discretion of the owner, op- erator, manager or other person having control of such room, building or other place so long as clarity, sufficiency, and con- spicuousness are apparent in communicating the intent of this chapter. Retail food production and marketing establishments shall have a "No Smoking" sign posted at meat and produce coun- ters and checkout lines. 9.24.070 Compliance. A. The City Administrator is responsible for compliance with this chapter in facilities which are owned, operated or leased by the City of Morro Bay. In all other respects, the City Chief of Police is responsible for enforcing this chapter. The Finance Director shall annually provide business license appli- cants with copies of this chapter. B. The owner, operator or manager of any facility, busi- ness or agency covered by this chapter shall comply with this chapter as a requirement of receiving a business license to oper- ate in the City of Morro Bay. Such owner, operator or manager shall post, or cause to be posted, all "No Smoking" signs re- quired by this chapter, and shall not allow service to any person who violates this chapter by smoking in a posted no- smoking area. Ordinance No. 289 Page 5 C. Any place of employment conducted or operated without compliance with the provisions of Section 9.24.050 applicable thereto shall be and the same is hereby declared to be a public nuisance. Whenever there is reason to believe such public nui- sance exists, any affected employee or any resident of the City, in his or her own name, may maintain an action in equity to abate and prevent such nuisance and to perpetually enjoin the employer from maintaining or permitting it. Upon the granting of equi- table relief, in whole or in part, by a court of competent juris- diction, an employer determined to be in violation of Section 9.24.050 shall be liable for the attorney fees, as may be deter- mined by the court, incurred by the party bringing the action. D. The City Administrator or his /her designee may enforce Section 9.24.050 by either of the following actions: 1. Serving notice requiring the correction of any vi- olation of that section; or 2. Calling upon the City Attorney to maintain an ac- tion for injunction to enforce the provisions of Section 9.24.050 to cause the correction of any such violation, and for assessment and recovery of a civil penalty for such vio- lation; or 3. Directing the City Attorney to prosecute the vio- lator for an infraction pursuant to Section 9.24.080 of this chapter. E. The officer designated to enforce this chapter shall not commence any enforcement activity based upon anonymity, but shall require any person furnishing information concerning non- compliance to properly and accurately identify themselves for the record. F. Any employer who violates Section 9.24.050 hereof may be liable for a civil penalty, not to exceed five hundred dollars ($500), which penalty shall be assessed and recovered in a civil action brought in the names of the People of the City of Morro Bay. Each day such violation is committed or permitted to con- tinue shall constitute a separate offense and shall be punishable as such. Any penalty assessed and recovered in an action brought pursuant to this paragraph shall be paid to the City of Morro Bay. G. In undertaking the enforcement of Section 9.24.050, the City of Morro Bay is assuming an undertaking only to promote the general welfare. It is not assuming any obligation, nor is it imposing any obligation on its officers and employees, nor is it liable in money damages or otherwise to any person who claims that (i) the City or one of its officers or employees breached any such obligations and (ii) the breach proximately caused injury. Ordinance No. 289 III Page 6 1 9.24.080 Violations and Penalties. Any person who violates any provision of this chapter is guilty of an infraction, punish- able by: 1. A fine not exceeding fifty dollars ($50) for a first violation; 2. A fine not exceeding one hundred dollars ($100) for a second violation within one (1) year; 3. A fine not exceeding two hundred fifty dollars ($250) for each additional violation within one (1) year. Section 2. Severability. If any provision, clause, sen- tence, or paragraph of this chapter or the application thereof to any person or circumstances shall be held invalid, such invalid- ity shall not affect any other provisions or application of the provisions of this chapter if they can be given effect without the invalid provision or application,and to this end the provi- sions of this chapter are hereby declared to be severable. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 25th day of August , 1986, by the following vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None ATTEST: GARY A. •, ' ' ttr erk APPROVED AS TO D LEGAL EFFECT: JUDY SKOUSEN, City Attorney ORDINANCE N0. 288 AN ORNINANCE AMENDING TITLE 17 OF THE MORRO BAY MUNICIPAL CODE, THE ZONING ORDINANCE TEXT THE CITY COUNCIL City of Morro Bay, California WHEREAS, on May 5, 1986 and June 16, 1986, the Planning Commission of the City of Morro Bay, California, held duly noticed public hearings to consider various amendments to the City's Zoning Ordinance; and WHEREAS, after said public hearings, the Planning Commission did report and recommend to the City Council adoption of said amendments which are illustrated on Exhibits "A" and "8 ", attached hereto; and WHEREAS, on July 6, 1986, the City Council of the City of Morro Bay, California, did hold a duly noticed public hearing to consider the ordinance changes; and WHEREAS, after said hearing the Council did adopt Resolution No. 76- 86approving said ordinance amendments for submission to the California Coastal Commission for certification. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Morro Bay, California, as follows: 1. That the City Council does hereby modify Title 17 of the Morro Bay Municipal Code as illustrated on Exhibits "A" and "B ", which are attached hereto and incorporated herein, by this reference. 2. That the zoning amendments will take effect automatically upon the California Coastal Commission approval. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof, held on the nth day of July, 1986, by the following roll call vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None ATTEST: 1 BUD ZEUSC DER, Mayor Sections: 17.70.010 17.70.020 17.70.030 17.70.040 17.70.050 17.70.060 17.70.070 17.70.080 17.70.090 17.70.100 17.70.110 17.70.120 CHAPTER 17.70 BEACH STREET AREA SPECIFIC PLAN Beach Street Area Specific Plan adopted Base zoning district PD suffix zone Additional regulations Area "A" Area "B" Area "C" Area "D" Area "E" Area "F" Bluff development standards Offsite improvements required EXHIBIT A 17.70.010 Beach Street Area Specific Plan adopted. The zoning regulations an standards for that part of the City of Morro Bay illustrated in Figure 2 shall be the "Beach Street Area Specific Plan" which is established therefore and which provides for regulated development in accordance with the purpose, rationale and objectives set out therein; said specific plan is hereby incorporated herein by this reference in its entirety. 17.70.020 Base Zoning Districts. The following shall constitute the base zoning districts for each of the areas of the Beach Street Area Specific Plan, as shown on Figure 4, herein: Area A: VS -C, as contained in Section 17.32.070 Area B: R -2, as contained in Section 17.32.040 Area C: R -2, as contained in Section 17.32.040 Area D: C -2, as contained in Section 17.32.100 Area E: VS -C, as contained in Section 17.32.070 Area F: R -2, as contained in Section 17.32.040 Area G: R -2, as contained in Section 17.32.040 Uses may be permitted in accordance with the standards prescribed in the aforementioned base zones, provided however that they also meet all other applicable regulations of the Beach Street Area Specific Plan and Title 17. 17.70.030 PD suffix zone. A "PD" suffix, as contained in Chapter 17.36, is hereby applied to all land within the Beach Street Area Specific Plan boundaries. All new uses and development shall be reviewed in accordance with the procedures contained in said chapter and may be approved only if all required findings are made in accordance with said chapter. MAIN STREET SPECIFIC PLAN STUDY AREA. MORRO IL CC 3 w MARKET SCOTT I WEST AVENUE AVENUE 1 AVENUE AVENUE BEACH STREET AREA SPECIFIC PLAN P14 CITY OF MORRO BAY COMMUNITY DEVELOPMENT DEPARTMENT FIGURE NO.2 s 1- cc O z MAIN SPECIFIC PLAN STUDY AREA M -1/I MARKET SCOTT BEACH STREET AREA SPECIFIC PLAN C� AVENUE VS-Cl STREET fr\ CITY OF MORRO BAY COMMUNITY DEVELOPMENT DEPARTMENT x 0 4 111 CO AVENUE VS -C /R3 /PD AVENUE VS -c /PD 4 zoo o z BASE ZONES FIGURE NO. 4 • 17.70.040 Additional regulations. The sections below prescribe additional regulations which shall be applied to particular subareas within the Beach Street Area Specific Plan boundaries as illustrated on Figure 3. Any new development or use shall comply with the additional regulations applied to the subarea in which it is found, as well as to the requirements of the applicable base zone and PD suffix. In instances where the particular regulations in these sections conflict with those of the base zone, the particular regulations for the subarea shall apply. 17.70.050 Area "A ". In addition to those of the base zone and the PD suffix, the following development regulations and standards shall apply to the portion of the Beach Street Area Specific Plan labeled "Area A" on Figure 3, herein: A. Height limit. No portion of any building shall exceed the height of the "bluff top ", as defined in Chapter 17.45, except for view platforms; provided, however, that developments which include coordinated structures or other elements above and below the bluff may be permitted to be built on the bluff face in accordance with the provisions of Chapter 17.45. B. Public view access. 1. For new development or additions of 10 percent or greater to the floor area of existing buildings, a fee of two (2) dollars per linear foot of property fronting along the toe of the bluff or $100.00 whichever is greater, shall be paid to the City for the purpose of designing, constructing and /or maintaining a public view deck to be constructed on Surf Street or such other location deemed appropriate by the City. 2. The fee is charged in lieu of requiring an offer of dedication for a public accessway along the bluff. unless an offer of dedication is required for every blufftop property, the opportunity for a coordinated accessway is lost; therefore, in lieu of such a requirement fbr an offer of dedication on all blufftop properties, all such properties shall pay the fee at the time of new development or redevelopment as a contribution toward the construction of the single public view deck. 3. Said fee shall be either placed in a special fund used exclusively for the design, construction, repair or maintenance of facilities contained in the approved public view access plan or may be paid to the general fund as reimbursement for previously incurred costs for the design, construction, repair or maintenance of said facilities. 10 • C. Light and glare. 1. Prior to the installation of any new outdoor light, or as part of the materials submitted with the application for a conditional use permit if part of a larger project, applicant shall submit to the Community Development Director an exterior lighting plan showing type, intensity, location and color of all lights. If deemed useful or necessary, the Director may also require an analysis of sight lines from the blufftop to help ascertain if the lights will be visible from the residential area above the bluff. To the maximum extent feasible, night time light and glare shall not affect the residential area on the blufftop, and the Director in cases of administrative approvals and the Planning Commission in other cases may place such conditions on the approval as- deemed useful or necessary to ensure that this requirement is met. 2. No lighted sign shall be permitted which is visible from the blufftop; prior to installation of any lighted sign the applicant shall submit a sight line analysis to ensure that the sign meets this standard. The Director may waive the requirement for a sight line analysis if it is clear that the sign is not visible from the blufftop. D. Rooftop view decks. Any use of a rooftop for decks for viewing or similar uses may be permitted but subject to the approval of a conditional use permit; in approving a permit for such a use, the Planning Commission shall find that by its location, screening, hours of operation or other features, the use will not significantly, adversely affect residences on the blufftop, especially during night time hours. 17.70.060 Area "B ". In addition to those of the base zone and the PD suff x, the following development regulations and standards shall apply to the portion of the Beach Street Area Specific Plan labeled "Area B" on Figure 3, herein. A. Frontyard setbacks. Section 17.32.040(H) notwithstanding, the minimum frontyard setback on West Avenue shall be fifteen (15) feet. B. Public view access. 1. For new development or additions of 10 percent or greater to the floor area of existing buildings, a fee of two (2) dollars per linear foot of property fronting along the top of the bluff or $100.00 11 • • whichever is greater, shall be paid to the City for the purpose of designing, constructing and /or maintaining a public view deck to be constructed on Surf Street or such other location deemed appropriate by the City. 2. The fee is charged in lieu of requiring an offer of dedication for a public accessway along the bluff. Unless an offer of dedication is required for every blufftop property, the opportunity for a coordinated accessway is lost; therefore, in lieu of such a requirement for an offer of dedication on all blufftop properties, all such properties shall pay the fee at the time of new development or redevelopment as a contribution toward the construction of the single public view deck. 3. Said fee shall be either placed in a special fund used exclusively for the design, construction, repair or maintenance of facilities contained in the approved public view access plan or may be paid to the general fund as reimbursement for previously incurred costs for the design, construction, repair or maintenance of said facilities. 17.70.070 Area "C ". In addition to those of the base zone and the PD suffix t eTollowing development regulations and standards shall apply to the portion of the Beach Street Area Specific Plan labeled "Area C" on Figure 3, herein: A. Land Uses. In addition to the uses permitted in the R -2 base zone, public meeting halls may be permitted, subject to obtaining a conditional use permit pursuant to the procedures and findings contained herein and as contained in Chapters 17.36 and 17.60. Any addition, exterior modification or demolition of the existing Veteran's Memorial Building may be permitted only upon approval of a conditional use permit. 17.70.080 Area "D ". The following development regulations and standards Wall apply to the portion 'of the Beach Street Area Specific Plan labeled "Area D" on Figure 3, herein: A. Land Uses. In addition to the uses permitted in the C- 2 base zone, all land uses permitted or conditionally permitted in the Vs -C zoning district, as listed in Section- - 17.32.070(6);- --may- be permitted -subject "to "th -e - - -" following: 1. Said use existed at the time of the adoption of the Beach Street Area Specific Plan; and 2. A conditional use permit has been approved for said use pursuant to the procedures and findings 12 contained herein and as contained in Chapters 17.36 and 17.60. B. Special findings for approving a Conditional Use Permit. In addition to the findings required in CTapters 17.36, 17.60 or any other applicable section of this title, the Planning Commission shall make the following special findings before approving a conditional use permit in this Area D: 1. That no offensive odors will result from the proposed use; and, explicitly, that for any fish processing facility, all waste from cleaning, cutting or any other form of seafood preparation shall be stored in refrigerated enclosures; 2. That all outdoor storage yards, and dumpsters or waste containers, shall be screened, landscaped and maintained in an attractive manner; 3. That the proposed use will not result in excessive or unreasonable light or glare on adjacent residential or visitor - serving uses; 4. That adequate facilities shall be installed and maintained to collect oils, grease or other waste products from entering the storm drainage system; such facilities shall be incorporated into uses, including but not limited to, repair and service yards. C. Signs. Other provisions of this title notwithstanding, pole signs as defined in Chapter 17.68 are strictly prohibited. D. Minimum lot size for fish processing plants. Because of the need for truck parking, loading and unloading areas, no new fish processig facility may be located on any lot less than 6,500 square feet in size. E. Parking. New uses or expansions to existing uses shall provide parking spaces pursuant to the requirements of Chapter 17.44, provided, however that the Planning Commission may approve payment of a parking fee in lieu of providing all or some of the required parking spaces on site, subject to the following: 1. Said fee shall--be set -by the Planning Commission as a condition of approval and shall be reasonably commensurate with the expected cost of providing an equal number of offsite parking spaces in accordance with the parking plan contained in the Beach Street Area Specific Plan. In calculating the appropriate fee, the Planning Commission shall consider the costs of curbs, gutters, paving, 13 striping, landscaping, irrigation and drainage, but not including sidewalks or lighting. 2. Said fee shall be either placed in a special fund used exclusively for the design, construction, repair or maintenance of the facilities contained in the approved parking plan or may be paid to the general fund as reimbursement for previously incurred costs for the design, construction, repair or maintenance of said facilities. 17.70.090 Area "E ". In addition to those in the VS -C base zone and the PD suffix the following development regulations and standards shall apply to the portion of the Beach Street Specific Plan labeled "Area E" on Figure 3 herein. A. Special findings for approving a Conditional Use Permit._ In addition to the findings required in CWIpters 17.36, 17:60 or any other applicable section of this title, the Planning Commission shall make the following special findings before approving a conditional use permit in Area E: 1. That potential conflicts with nearby service commercial or residential uses are minimized to the maximum extent feasible; in addition to any other conditions deemed necessary or reasonable by the Planning Commission, the proposal shall incorporate the following features: a) All parking areas shall be landscaped. b) Principal building entryways, signs and any noise generating activities shall be oriented toward Beach Street and away from any service commercial or residential areas. c) Activities which may be sensitive to impacts from service commercial uses, whether noise, odor or visual, shall be adequately buffered or protected from same; the responsibility for designing and maintaining an acceptable visitor environment in this area lies primarily with the developer and operator of the visitor use, not with the residences or service commercial activities nearby. d) All dumpsters or trash receptacles -shall be screened and landscaped and shall be placed so as not to impact nearby residential areas. B. Parking. New uses or expansions to existing uses shall provide parking spaces pursuant to the requirements of Chapter 17.44, provided, however that the Planning Commission may approve payment of a parking fee in lieu 14 of providing all or some of the required parking spaces on site, subject to the following: 1. Said fee shall be set by the Planning Commission as a condition of approval and shall be reasonably commensurate with the expected cost of providing an equal number of offsite parking spaces in accordance with the parking plan contained in the Beach Street Area Specific Plan. In calculating the appropriate fee, the Planning Commission shall consider the costs of curbs, gutters, paving, striping, landscaping, irrigation and drainage, but not including sidewalks or lighting. 2. Said fee shall be either placed in a special fund used exclusively for the design, construction, repair or maintenance of the facilities contained in the approved parking plan or may be paid to the general fund as reimbursement for previously incurred costs for the design, construction, repair or maintenance of said facilities. 17.70.100 Area "F ". In addition to those of the R -2 base zone and the PD suffix the following development regulations and standards shall apply to the portion of the Beach Street Area Specific Plan labeled "Area F" on Figure 3 herein: A. Land Uses. 1. Section 17.32.040(G) not withstanding, mobile home parks of a density greater than that usually permitted in the R -2 zone may be allowed, subject to the following: a. The mobilehome park existed at the time of the adoption of the Beach Street Area Specific Plan and its density does not exceed that at the time of the adoption of said specific plan; and b. A conditional use permit has been approved for said use pursuant to the procedures and findings contained herein and as contained in Chapters 17.36 and 17.60. 2. Travel trailer parks for short -term occupancy may be permitted subject to the following: a. The travel trailer park existed at the time of the adoption of the Beach Street Area Specific Plan; and b. A conditional use permit has been approved for said use pursuant to the procedures and findings contained herein and as contained in 15_. Chapters 17.36 and 17.60. B. Special findings for approving a Conditional Use Permit. In approving a conditional use permit for a mobilelhome park or travel trailer park, the Planning Commission must find that the proposal incorporates a perimeter treatment which not only creates an attractive streetscape appearance but also affords increased privacy to the tenants. Such perimeter treatment may include such features as setbacks, fencing or landscaping. 17.70.110 Bluff development standards. All development proposed below, on the face of or on top of the bluff shall be subject to all the requirements of Chapter 17.45. 17.70.120 Offsite improvements required. All development requiring a conditional use - permit shall be required as a condition of approval to install or, if necessary, to upgrade the curb, gutter, sidewalk, street trees, pave -out, and handicap ramps in accordance with City standards and the improvement plan illustrated in Figures 7 and 8 for the full length of the street frontage(s) of the subject property. The Planning Commission may defer the installation of said improvements if deemed necessary to make the project economically feasible or to better coordinate construction with other planned improvements, provided a bond or similar security for the estimated cost of the installation of the improvements, including an inflation factor, is provided to the City and approved by the City Engineer. 16_ • EXHIBIT B " ' -''•'t 17.12.310, amend as follows: 17.12.310 Height of building. "Height of building" means the vertical d sl tance —From the average level of the highest and lowest point of that portion of the lot covered by the building, as measured to the topmost point of the roof, including fireplace chimneys, but not including ventilation stacks required by Title 14 of this code. In measuring the various levels on the lot when calculating the hei ht, the grades existence on the lot on January 1, 1986, s a be used; any fill added to Ehe is to sisince that date shall be deducted from rp esent grade elevations and any areas cut since that date may be added to the present grade elevations when -calculat ni g the height 1 it. Add the following new section: - .17.12.435.- -Low- income housing. "Low income housing" shall mean EZTalTioraesigneriZiMnd occupied exclus- vely by households whose total income does not exceed 80 percent of the medium income o households of a corresponding size in San Luis Obib spoo County generally; Elie medium income for the County shall be based on estimates computed by the State DepartmenC7F-HoulErTrand Community Development or the San Luis Obispo Housing Authority. Add the following new section: 17.12.455 Moderate income housing. "Moderate income housing" shall mean housing designed for and occupied exclusively b Os olds whose total income does not exceed 120 percent of the ue medium um ncome for households of a corresponding size in San L iu s Obispo n County geerally; the medium income for the County shall be based on estimates coilirled t F— eCali ornia Department o Housin —ana Comm un ty Development or the San— s Obispo Housing Author ty. 17.20.060 add the following: Except as provided below, within 49 days.... In cases where the coastal development peermit is processed in conjun-on with a concept plan requiring city council approval and /or in cases where the coastal development permit for a project rev lying th wiin the ie w Sur sdiction of the harbor commission, the 49 ad y t m-e Yimit melly be extendertto 120 from acceptance of the application for filing to city action. Further extensions to either time i mit maw be granted upon consent of the applicant. • 17.44.020 B.1.c revise as follows: Single family dwellings. Two covered spaces for each dwelling, at least one of which shall be covered and enclosed except as provided below. Exception: existing dwellings where two spaces have not even previously required by this title may be altered or expanded with only one covered and enclosed space provided that such alterations or expansions of an individual dwelling shall not cumulatively exceed twenty -five percent (25%) of the original floor area at the time of the first expansion or alteration or more than 400 square feet, whichever is reateerr, net mere than twentiriTve pereent el-IIi- reaseneble value a the ettuetere at the t4Me of 4n4t4e4 alterattene w4theut the peev4e4en of twe petking epaees es requ4red above. For purposes of calculating the original floor area of, the dwell ni g all coverer and enclosed structures on t:e site shalt -6e included. 17.44.020.B.1, add the following: Low or moderate income housing. Low or moderate income housing units which are reserved for this purpose for a minim m of five years, may be approved with only one covered and enclosed space or each studio or one - bedroom unit and only one covered and enclosed space, plus one uncovered space for ally unit bath two or more bedrooms. The guest parking requirement may be waived or reduced if the pinning commission finds that suEE wa- e or rye uction will not have a iignlficatadverse affect on the project or surrounding neighborhood. h. Motels, hotels .... 17.44.030, add the following: A. Drive Dimensions 1.a. Two way driveways. Generally, two way driveways serving parking lots or developments with seven or more spaces shall be 24 feet in width. Variations from th general requirement which otherwise meet the•standards of this section 221 be approved b the city engineer based on site constr- T , expected traffrc volumes or speeds or other relevant variables related to the s to or use. b. Minimum and maximum widths. The following ... 17.48.020, revise as follows: Interpretation of ambiguity. If any ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this Title, or with respect to the matters of height, area requirements, zone boundaries or other standards or requirements contained herein, the planning commission shall 2 1 ascertain all pertinent facts and, by reselnl4en in a written report kept on file with the community development department, shall set forth its- findings and interpretations. Any such interpretation by the planning commission may be appealed by any interested Rarty to the city count— within ten days of the adoption of the subTct TnterpretaTpursuant to the procedures contained-in Chapter 17.08. Ba4d reselnt4en shalt E lranem4tted tee Sty eeene44 end approved by the eeune44. Thereafter stash 4nlerpretal4en shall gevern, exeept 44 the e4ty eenne4l d4reete the plann4ng eemm4ee4en to adept a d4fferent 4nterpretat4en. 17.48.042, revise as follows: A. A garage shall not be located within five feet of any alley. In the case of a corner lot, a garage shall not project beyond the front yard required et ex4st4ng en e4ther adjaeent let nor shall it extend into any exterior sideyard setback. Detac HB garages only but may extend to within one foot of the property line along the rear yard or interior side yard. Add the following new section: NI- ST A PACT TD BE ({�vleaieo Fo . i.fireK- cmasio LATION 17.48.105 Trash dumpsters. A. Screening and enclosures. Pro cee ng -on March 1, 1987, all new or existing trash dumpsters, visible from a blbl cc rig fay, shall be screened by or enclosed within, a so id wood or masonry ence. In cases of hardship, gg theirector may grant a time extension for compliance with this sectio ; said extension all not exceed 180 days after March 1, 1987.l such screens, fences and enclosures shall be designed, constructed and maintained at All times in a neat, attractive and functional condition. The location of such enclosure shall be approved by the Commun ty Development Diector with the concurrence of the Morro Bay Garbage Company. A budding permit shall be obtained for any dumpster enclosure. .B. _Temporary...use-, generally. Dumpsters used on a short -term Bisis (that is, not more than 90 to s consecutively or more than 90days cumuTtfilly in one year) other than in conjunction with an approved construction project may eeallowed without the requirement for screening in accordance wltE—?usection A a ove, subject to obtaininq a written waiver from said requirements reguirementg—FERi t director. C. Use in conjunction with construction projects. Dumpsters may be placed on the site of a City - approved construction project for purposes of disposal of construction scrap and debris without screening for a period after approval of the building Lean t until the project receives final inspection approval or for six months, whichever sis sooner. The building official may allow for an extension of not more than 90 days from this time limes 17.48.190 B.1. change 17.48.060 to 17.48.040 3 • • Add the following new section: 17.48.245 Outdoor sales, display or storage. A. Generally prohibited. Except as may be permitted in the M_1 or M -2 zone districts or as a temporary use allowed unZer a temporary use permit obtatneu pursuant to Section 17.60.090 ferern, outdoor saalles, display or storage is strictly prohibited either on public or private property, unless and until a conditional use peermmit is obtained for same pursuant to Chapter 17.60 or except as pprovidesc elo' ow. B. Temporary special events. Outdoor sales, display or storage may be permitted without a conditional use permit for temporary special events, pursuant to the following: 1. The special-event or events shall not exceed seven ID. consecutive days nor more than ten (10) days-cumulatively in a year; and 2. property shall be 3. property, from the If sales, display or storage is to occur on any public or ppu Iic right -off =way, written Permission for same first obtained from the city administrator; and If sales, display or storage is to occur on any private written permission for same shall be first obtained director; and 4. The city administrator or director may impose such conditions on the granting of permission for temporary sales, display or storage as deemed reasonable or necessary to ensure that the activity is not detrimental to the public healtlT safety or general welfare. 17.48.320 amend as follows: B. All attaehed guest quarters er aeeesaery 14v4ng areas shall have eeelesed aeeees d4reetly to the 4nter4er of the dwelling end_. shall net be des4gned se that aeeees 48 afforded only threugh aeeesaery struetures and garages et the eutdeers. B. A guest house may be Permitted only after ob use ermi the planning commission shall require the recordation restriction Trmitinq Fuse to west ur oses prohibiting its rental or occupation as a second unit.. restriction shall be subject to the approval of attorney. conditional p ilt pursuant to Chatter 17.60. In taining a all cases, of a deed only an Such deed the city Add the following new section: 17.48.325 Wet bars. Sinks or lavatories in residential units, except in bathrooms and kitcTns or rooms Zearly used onlfor laundry purposes, shall be prohibited unless and until a deed 4 restriction is recorded to run with the property restricting the wet bar from -6e ni q converted�nto a sTnk for a second residential unrt Such —deed restriction self be subject tome approval of the City Attorney prior to recordation. 17.49.070 B 3 a, revise as follows: The vacancy rate for apartments is equal to or less than five percent for the preceeding six -month period, based upon an apartment vacancy survey conducted lay the applicant and subject to the approval of the director rel4able 3n£ermat4en ver4£4ed by the plann4ng department as a result e£ an apartment survey to be eendueted 4n Apr41 and November e£ eaeh year. 17.60.030, revise as follows: conditions will not result from the particular use applied for, and that the sub'ect project or use is in conformance with the General -Plan and certified Local Coastal- Program, it may grant tae use permit ... • 17.60.040 D.6, revise as follows: Establishments listed hereabove, or other special events involving the congregation of large numbers of persons, where the use of property will not exceed one week occupancy, a use permit need not be secured so long as .... 17.60.040 L, revise -as follows: Nursery schools and day care facilities for more than ten 410} six (6) children; 17.60.090, revise as follows: Zoning administrator - duties ...The zoning administrator may act on the following variance subjects: 1. Setbacks - prev4dedy however that the proposed reduet4ens de net exeeed twenty pereent e£ the m4n4muw setbaek etherw4se requ4red. 2. Lot coverage, provided, however that the proposed variance does not exceed ten percent (10%) of the maximum coverage otherwise required. 5 pursuant to state and city subdivision ordinances and is not subject to any mandatory merger provisions of state or local regulations. The prepeeed redeet4en deee net exeeed twenty percent of the m4n4mum e4te area etherw4ee required. 4. On -site parking spaces provided, however, that the proposed reduction does not exceed one space or ten percent (10%), whichever is larger,---61 the minimum number of parking spaces otEirwise required. 5. Standards for architectural extensions and other exterior projections as contained in Chapter 17.48. 6. Standards for the location, height and design of fences as contained in Chapter 17.48. 7. Building separations. 8. Distance between property lines and garage entryways. 9. Expansions to single family residences in R -1 zones with only a single car garage, exceeding 25 percent of the existing floor area or 400 square feet. 6 r +r ORDINANCE NO. 287 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AMENDING SECTION 15.48.030 OF THE MORRO BAY MUNICIPAL CODE TO PROVIDE FOR COMPENSATION OF MEMBERS OF THE HARBOR COMMISSION THE CITY FOLLOWS: SECTION 1 Chapter 15.48 as follows: T H E C I T Y C O U N C I L City of Morro Bay, California COUNCIL OF THE CITY OF MORRO BAY HEREBY ORDAINS AS The following section of Ordinance No. 271 and of the Morro Bay Municipal Code is hereby amended 15.48.030 - Qualifications Two (2) of the members shall be selected from the local commercial fishing industry, one of whom shall be the president of the Morro Bay Fishermen's Association or his /her official designee. The five (5) members of the Harbor Commission not selected from the commercial fishing industry shall be qualified electors of the City. All members of the Harbor Commission shall be compensated for attendance at a maximum of two (2) regularly scheduled Harbor Commission meetings per month at the rate of $20 each per meeting. They shall hold no other public office in the City or employment in the City government. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 28th day of July, 1986, by the following vote: AYES: Kaltenbach, Risley, Sheetz, Zeuschner NOES: Miller ABSENT: None ATTEST: fr • ORDINANCE NO. 286 AN ORDINANCE OF THE MORRO BAY CITY COUNCIL AMENDING THE MORRO BAY MUNICIPAL CODE, SECTION 2.20.010, RELATIVE TO COMPENSATION OF THE CITY COUNCIL T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the California Government Code provides the statutory provisions regulating compensation schedules for mayor city councilmembers; and WHEREAS, commencing April 19, 1966, the monthly salary for Morro Bay councilmembers was set at one hundred fifty dollars ($150), and has not been altered since; and WHEREAS, elected officials spend an inordinate amount of time, energy, and non - reimbursable expenses fulfilling the mandates of their public office; and WHEREAS, effective January Legislature through passage of AB Section 36516, providing local compensation of city councilmembers 1, 1985, the California 2281, amended Government Code authority to increase the within certain limits. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Morro Bay as follows: 1. That the Morro Bay Municipal Code Section 2.20.010 is hereby amended to read as follows: 2.20.010 Mayor and Councilmembers: Each member of the city council and the mayor shall receive a salary of three hundred dollars ($300.00) per month. In addition to said salary, any councilmember and the mayor may be reimbursed for actual and necessary expenses incurred in the performance of official duties. 2. The provisions of Section 1 hereof shall become effective on December 31, 1986. Ordinance No. 286 Page Two PASSED AND ADOPTED by the City Council of the City of Morro Bay, California, at a regular meeting thereof held this 28th day of July, 1986, by the following vote: AYES: Miller, Risley, Sheetz, Zeuschner NOES: Kaltenbach ABSENT: None ATTEST: 1 • ORDINANCE NO. 285 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY TO AMEND VARIOUS SECTIONS OF TITLE 5 OF THE MORRO BAY MUNICIPAL CODE RELATING TO BUSINESS LICENSE TAX RATES AND ESTABLISHING A BUSINESS LICENSE RATE SCHEDULE THE CITY COUNCIL The City of Morro Bay, California WHEREAS, numerous rates are set pursuant to Title 5 of the Morro Bay Municipal Code as a tax on business; and WHEREAS, The City Council finds these rates should be adjusted annually to account for inflation and other changing conditions; and WHEREAS, The City Council finds these rates constitute a tax and therefore should be considered separately from fees for services as set in the Master Fee Schedule; and WHEREAS, establishment of a Business License Rate Schedule would facili- tate timely adjustment of these rates and provide a consolidated listing of the rates, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY DOES ORDAIN AS FOLLOWS: 1. Section 5.04.050 of the Morro Bay Municipal Code is hereby amended to read: There are hereby imposed upon the businesses, trades, professions, callings, and occupations specified in this Title license fees as established and adopted annually in the Business License Rate Schedule. This section shall not be construed to require any person to obtain a license prior to doing business within the city if such require- ment conflicts with applicable statutes of the United States or of the state. 2. The term "Business License Rate Schedule" will replace the term "Master Fee Schedule" in the following sections of the Morro Bay Municipal Code: ■Sel 5.08.020, 5.08.030, 5.08.040, 5.08.050, 5.08.060, 5.08.070, 5.08.080, 5.08.090, 5.08.100, 5.08.110, 5.08.120, 5.08.130, 5.08.140, 5.08.150, 5.08.160, 5.08.170, 5.08.180, 5.08.190, 5.08.200, 5.08.210, 5.16.220, 5.20.050, 5.20.21OG, 5.20.230F, 5.24.140, and 5.24.240. • ORDINANCE NO. 285 PAGE TWO 3. The attached Business License Rate Schedule is adopted for Fiscal Year 1986/87. 4. This ordinance is hereby declared immediately effective pursuant to Government Code Section 36937(d). PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 9th day of June, 1986, by the following vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None ATTEST: CITY OF MORRO BAY BUSINESS LICENSE RATE SCHEDULE Fiscal Year 1986 -87 TYPE 7. LJNDES:C.GNATED PROFESSIONAI...S PLUS: EACH EMPLOYEE 2 APTS MOTEL HOTELS MULTIPLE DWEL..LINGS REST HOMES ROOMING HOUSES HOSPITALS & SANITARIUM PLUS: FOR EACH UNIT, PERSON CARED FOR OVER 4 3 ART HOBBY OR HANDICRAFT SHOW AND EXHIBITIONS MINIMUM PER SALESPERSON NON - PROFIT ORGANIZATIONS 4 AUCTIONEERS NO FIXED PI ACE OF BUSINESS FIXED PI ACE OF BUSINESS PLUS: EACH EMPLOYEE 5 CARNIVAI...S AND CIRCUSES 6 COIN - - OPERATED VENDING MACHINES 7 CONTRACTORS GENERAL. MINIMUM SPECIALTY MINIMUM 8 DELIVERY BY VEHICLE FOR 1 OR MORE VEHICLES 9 FIRE WRECK OR BANKRUPT SALE EACH SALE PLUS: IN EXCESS 3 DAYS 10 FLEA MARKET'S MINIMUM PER SALESPERSON 11. GARAGE SALES 1 -2 SALES 3 -MORE 12 HOME OCCUPATIONS EXCEPTION LICENSE BASIC LICENSE 13 MONEYI...ENDERS & PAWNSHOPS 14 PEDDLERS SOLICITORS OR ITINERANT MERCHANTS PEDDLERS SOLICITORS PLUS: EACH EMPLOYEE ITINERANT MERCHANTS SECTION 5.08.020 5,08.030 0 BASE ANNUM ANNUM ANNUM 5.08.040 GROSS RECEIPTS 5.08.0'50 5.08.060 5.06.0.0 5.08.000 5.08.090 5.08.100 5,08.1.10 3.08. 1'2`0 5.08.1.30 5.08.1.40 5.08.150 RECOMM $62 $14 $62 $14 ANNUM $1.25 DAY $0.00 DAY $62 ANNUM $62 ANNUM $14 DAY $250 GROSS RECEIPTS ANNUM JOB ANNUM JOB ANNUM DAY DAILY GROSS DAY ANNUM ANNUM ANNUM ANNUM DAY DAY LAY DAY WEEK MONTH QUARTER 180 DAYS $125 $62 $62 $14 $62 $88 $50 $5 $0 $62 $ J5 $62 $250 $25 $50 $25 $25 $50 $75 $:100 $125 PAGE 1 • CITY OF MORRCI BAY BUSINESS LICENSE RATE SCHEDULE FISCAL YEAR 1986 -87 TYPE 15 PUBLIC UTILITIES PL.(JS: EACH FMPL.OYEE EXCEPTION: WHEN CITY FRANCHISE TAX IS GREATER THAN $58 16 REAL ESTATE CALIF LICENSED BROKER SAI...ESMAN OR AGENT EACI -I EMPLOYEE EACH 17 EXHIBITING ANIMALS OR TRICK RIDING.;, WIRE DANCING OR OTHER EXHIBITIONS EXCEPTION NO FEE OR ADMIN MERRY -GO- ROUND, REVOLVING WHEEL, CHUTE, •TOBOGGAN SLIDE, MECHANICAL RIDING CONTRIVANCE OR PONY RIDE: TF.i:NT SHOW OR :LTINE.RANT SHOW EXCEPTION NO FEE OR ADMIN WRESTLING OR BOXING SHOW F'uBLIC DANCE: EXCEPTION NO FEE OR ADMIN 18 SECONDHAND STORE & JUNKDEALER F'L(JS: EACH EMPLOYEE 19 SKATING RINK PLUS: EACH EMPLOYEE 20 TRAILER HOUSE, RV OR MOBILE HOME PARK RENTAL. SPACES 1 - -4 F'LUS: EACH ADDL SPACE 21 . PRIVATE: PATROL.. 22 AMBULANCES LICENSE DRIVER PERMIT ATTENDANT 23 TAXICABS L.ICENSE: PER CAB DRIVER SECTION 5.08.160 5.08.170 5.08.180 5.08.190 5.08.200 5,08,210 5,16,020 5,20,050 5.20.210(3 5.2.0.230F 5,24,140 5.24,240 BASE ANNUM ANNUM ANNUM ANNUM ANNUM DAY DAY DAY DAY DAY DANCE DANCE ANNUM ANNUM ANNUM ANNUM ANNUM ANNUM ANNUM ANNUM ANNUM RECOM $62 $14 $0 $62 $14 $14 $25 $25 $62 $0 $25 $25 $0 $62 $14 $ 62 $14 $50 $62 $2.50 $29 $52 $2.00 $'2.00 SEMI -- ANNUAL $33 SEMI-ANNUAL $5.25 PAGE 2 ORDINANCE NO. 284 AN ORDINANCE AMENDING THE MORRO BAY MUNICIPAL CODE BY REPEALING ORDINANCE 58, SECTION 17 OF ORDINANCE 66, SECTIONS 1 -4 OF ORDINANCE 108, ORDINANCE 143, SECTIONS 83 AND 84 OF ORDINANCE 225 AND ORDINANCE 238, BUT EXPLICITLY RETAINING THE AMORTIZATION SCHEDULES AND PROCEDURES CONTAINED IN SECTIONS 5 -7 OF ORDINANCE 108, AS AMENDED BY ORDINANCE 242, AND BY ADOPTING THE 1985 EDITION OF THE UNIFORM SIGN CODE AND BY ADOPTING UPDATED SIGN REGULATIONS TO BE INCLUDED IN TITLE 17 OF THE MORRO BAY MUNICIPAL CODE. THE CITY COUNCIL City of Morro Bay, California WHEREAS, on October 21, 1985, and March 3, 1986, the Planning Commission of the City of Morro Bay, California, did hold a duly noticed public hearing to consider amendments to Title 14 and to Title 17 (Zoning Ordinance) of the Morro Bay Municipal Code, revising City sign regulations; and WHEREAS, after said public hearing the Planning Commission did report to the City Council that the proposed amendment to the Zoning Ordinance would help to implement the General Plan and Coastal Land Use Plan and did, therefore, recommend its adoption by the Council; and WHEREAS, on April 14, 1986, the City Council of the City of Morro Bay, California, did hold a duly noticed public hearing to consider amendments and did concur with the report and recommendation of the Planning Commission. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Morro Bay, California, as follows: Section 1. That Ordinance 58, Section 17 of Ordinance 66, Sections 1 -4 of Ordinance 108, Ordinance 143, Sections 83 and 84 of Ordinance 225 and Ordinance 238 are hereby repealed. Section 2. _That the amortization schedules and procedures for non- conforming signs as contained in Sections 5 -7 of Ordinance 108 and as amended by Ordinance 242 are explicitly retained and incorporated into the new Chapter 17.68.155 of the Morro Bay Municipal Code as contained new regulations adopted by Section .3 herein. 5 1 Ordinance No. 284 Page Two Section 3. That Morro Bay Municipal Code Title 17 is hereby amended by adding a new Chapter 17.68 of the Morro Bay Municipal Code as illustrated on Exhibit "A" which is attached hereto and incorporated herein by this reference. Section 4. That Morro Bay Municipal Code Title 14 is hereby amended by modifying Chapter 14.64 to read as illustrated on Exhibit "B" which is attached hereto and incorporated herein by this reference. PASSED AND ADOPTED by the City Council of the City of Morro Bay, California, at a regular meeting thereof held on the 28th day of April, 1986, by the following vote to wit: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None ATTEST: APPROVED AS TO FORM: EN, City Attorney BUD ZEU " NER, Mayor 6 ADD TO TITLE 17, ZONING CHAPTER 17.68 Signs. 17.68.010 17.68.015 17.68.020 17.68.030 17.68.040 17.68.050 17.68.060 17.68.070 17.68.080 17.68.090 17.68.100 17.68.110 17.68.120 17.68.130 17.68.140 17.68.150 17.68.155 17.68.160 Purpose and intent Findings Definitions Prohibited signs Advertising on City property Miscellaneous specifications Permits Exceptions Minor adjustments Planning Commission interpretation Exception permits Signs in various zoning districts Miscellaneous signs and their regulations Maintenance Abandoned signs Existing non - conforming signs Time limits for non - conforming signs Penalties for violations /23 � //t/ 17.68.010 Purpose and intent. It is the purpose of this chapter to regulate signs as an information system which expresses the character and environment of the City of Morro Bay and its community. It is further intended that these regulations recognize the importance of business activity to the economic vitality of the City. Standards shall attempt to a) encourage communications which aid orientation and identify activities, b) preserve and enhance the aesthetic character of the surroundings, c) relate signing to basic principles of good design, encouraging pleasing community appearance, and d) restrict signs which overload the public's capacity to receive information, violate privacy or which increase the probability of accidents by distracting attention or obstructing vision. 17.68.015 Findings. In adopting these regulations for signs, the City Council does find the following: A. That an excessive amount of signage, both in terms of number and size, as well as improper shape or design, can be distracting to motorists and pedestrians and this condition adversely effects the public safety by creating a potential traffic hazard. B. That excessive and poorly designed signs are confusing and reduce the effectiveness of all signs; this condition reduces the ability of residents and visitors to readily locate public facilities as well as 1 1 • businesses and services. Consequently, this condition not only adversely affects public safety by interfering with safe travel but also affects the public welfare by reducing convenience to residents and visitors and the viability of commercial districts. C. That signs provide important information to the public for a variety of purposes; excessive and poorly designed signs interfere with the effective transmitting of this information to the detriment of the public welfare. D. That excessive and poorly designed signs detract from the City's appearance and visual environment; this fact is recognized both in the City's General Plan as well as its certified Local Coastal Program. The visual environment is important to the property values and pleasant, enjoyable quality of life for residents and, therefore, signs which degrade that environment adversely affect the public welfare. Furthermore, the visual quality of the coastal zone, which encompasses virtually the entire City, is recognized in the California Coastal Act as a resource of statewide importance and, therefore, regulation of the size, shape, design and other features of signs which become part of the visual environment and which can detract from it if not carefully controlled is important for protecting this public resource. Also, the visual quality of the City enhances its appeal to the tourists who contribute significantly to the local economy; therefore, protection and enhancement of the visual environment is important to the vitality of the local economy. 17.68.020 Definitions. For purposes of this Chapter, the following definitions shall apply: A. "Area of sign" shall mean and be computed as the entire area measured in square feet, within a single continuous perimeter enclosing the extreme limits of lettering, representations, emblems, logos, or any figure or integral part of the display or used to differentiate such sign from the background against which it is placed (exclusive of a background panel the same color as the wall to which it is attached). Only one face of a double -faced sign shall be considered in determining sign area provided both sides are of essentially similar design and not more than twelve (12) inches apart and on planes parallel to each other. The supports, uprights, or structure on which any sign is supported shall not be included in determining the sign area unless such supports, uprights or structures are designed in such a manner as to form an integral part of the sign display. Where a sign consists of a series of individual letters, numerals, or symbols or 2 other similar components and is painted or attached flat against the wall of a building or structure, and where such components are without integrated background definition and are not within a circumscribed or framed area, the total area of the sign shall be defined as the sum of the area within not more than eight (8) straight lines enclosing such components plus twenty percent (20%) of the area within said lines. Stripes or designs on the building whose principal purpose is to accentuate, highlight or exaggerate sign(s) shall be construed as part of such signs(s) when calculating area of sign(s). B. "Attraction Board" shall mean a device used to display information regarding conveniences, services and rates currently offered by facilities providing temporary accomodation. C. "Bench sign" shall mean a sign located on any part of the surface of a bench or seat placed on or adjacent to a public right -of -way. D. "Billboard" means the same as outdoor offsite free- standing sign. E. "Canopy" shall refer to an ornamental roof -like structure upon which a sign may be attached or otherwise affixed which is usually located over gasoline pumps. F. "Changeable copy sign" means a sign designed so that characters, letters, or illustrations can be changed or rearranged without substantially altering the face or the surface of the sign. G. "Director" means the Community Development Director or his authorized representative(s). H. "Display structures" for pedestrian viewing may include enclosed display of products sold, bulletin type advertising stands such as racks or directory signs as defined herein. I. "Display surface" means the area made available by the sign structure for the purpose of making visible the advertising message. J. "Freestanding sign" means any sign which is supported by one or more uprights, poles, or braces in or upon the ground which are not a part of any building or enclosed within the exterior walls of any building, and are separated therefrom by a distance of a least six (6) inches. 3 • • K. "Frontage" constitutes, for purposes of computing allowable sign area, the linear measurement in feet of the property line directly fronting on a public street, or other public right -of -way to which such sign is oriented, excluding California State Highway One. L. "Height of a sign" means the greatest vertical distance measured from the ground level directly beneath the sign to the top of the sign or from the nearest property line fronting on a public street, whichever is lower. M. "Illuminated sign" means a sign which uses an artificial light source to make the message readable. N. "Marquee" means a permanent roof structure attached to and supported by a building and projecting therefrom. A "marquee sign" is any sign affixed to a marquee. 0. "Monument sign" means a freestanding sign'not exceeding eight (8) feet in height and relating to the design and building materials and the architectural theme of the buildings on the same property. P. "Outdoor off -site freestanding sign" means a sign placed for the purpose of advertising products or services that are not produced, stored, or sold on the property or any other subject not related to the property or use of the property, upon which the sign is located. Q. "Pole sign" means any free - standing sign exceeding eight (8) feet in height. R. "Projecting sign" or "pedestrian sign" means a sign other than a surface sign which extends outwards, suspended from or supported by a building or structure. S. "Roof sign" means a sign erected upon, over, or above the roof of a building or structure, or any sign affixed to the wall of a building so that it projects above the eave line of a roof. T. "Sign" means any medium, including its structure and component parts, which is primarily used for, or having the effect of attracting attention from streets, parking lots, sidewalks, or other outside public private areas. U. "Temporary sign" means any sign, banner, pennant, valance, or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard, paper, or other light materials, with or without frames, intended to be displayed for a limited period of time only. 4 • V. "Wall sign" means any sign attached to, erected against or painted upon the wall of a building or structure, the face of which is in a single plane parallel to the plane of said wall. Such sign shall not project from the building more than twelve (12) inches, or extend above the roof line or parapet line. W. "Wind sign" means banners or objects of plastic or other light material designed to move and attract attention for purposes of advertising upon being subjected to pressure by wind or breeze. X. "Window sign" means any sign placed inside or upon a window facing the outside and which is intended to be seen from the exterior. 17.68.030 Signs prohibited. The following types of signs are prohibited. 1. Roof signs, except as otherwise provided in the Section. 2. Signs which incorporate, in any manner, any flashing, moving, pulsating or intermittent lighting, with the exception of approved time and temperature displays. 3. Signs in connection with any home occupation. 4. Bench signs or advertising signs located on other similar structures provided for the use of passengers along the route of a bus, not including plaques containing the names of persons or organizations which have made gifts or donations of such street furniture. 5. Signs which make noise. 6. Signs placed or displayed on vehicles parked in a conspicuous location to be used for on -site or off -site advertising, with the exception of signs advertising such vehicles for sale and vehicle identification signs in locations where sale of vehicles is permitted. 7. Billboards. 8. Tire stacks. 9. Signs incorporating the words "stop ", "look ", or "danger ". 10. Illuminated signs of red, green or yellow within a view of a signalized intersection, or any unofficial sign, signal or device which purports to be or is an imitation of, or resembles, any official traffic sign or signal or which attempts to direct the movement of traffic, or which interferes with the visibility of any official traffic control device or warning signal. 5 11. Sandwich board or "A" frame signs, and other portable signs or posters of a miscellaneous or temporary character which are tacked, painted, pasted, or otherwise placed or affixed and made visible from a public way, on the walls of buildings, on barns, sheds, trees, fences, utility poles or other structures, sidewalks, patios, except as otherwise provided in the Section. 12. Signs which move or rotate in whole or in part, except for barber poles or clocks. 13. Signs, banners, pennants, valances or any other advertising display constructed of cloth, canvas, light fabric, paper, cardboard, wallboard or other light materials except for awnings and temporary signs as provided for herein. 14. Signs on fences or free standing walls not part of a building. 17.68.040 Advertising on City Property. No person, except a public officer in performance of a public duty shall paste, post, print, nail, tack, suspend or otherwise affix or place any card, banner, handbill, sign, poster, flag, advertisement or notice of any kind over any sidewalk, alley, street, land, park or other public place, or property of the city, except as may be required by other city, county, state or national regulations, or without first obtaining the approval of the Planning Director. Application for such approval shall be made in writing, stating the manner of intended use, the method of erection, the purpose of intended use, and the length of time requested. The Director may require an exception permit or such other required permit prior to approving such uses. 17.68.050 Miscellaneous specifications. A. Obstruction to Exits. No sign shall be erected so as to obstruct any fire escape, required exit, window, or door opening intended as a means of egress. B. Obstruction to Ventilation. No sign shall be erected which interferes with any opening required for ventilation. C. Clearance from electrical power lines and communication lines. Signs shall maintain all clearances from electrical conductors in accordance with the regulations of the California Public Utilities Commission and the orders of the Division of Industrial Safety, State of California, and from all communications equipment or lines located within the City of Morro Bay. 6 Exhibit "A" 14.04.035: amend to read as follows: "Coastal permit required. Wherever a coastal development permit is required pursuant to Division 20 of the Public Resources Code and /or Title 17 of this code, no other permit, license or entitlement required by this title shall be issued for any development unless such a coastal development permit has been obtained from the California Coastal Commission or from the City of Morro Bay. as previded €er under Bee €ieae 30600,-5 and 30624 of the Pubiie ReseaEeee Bede,- All coastal development permits applied for from the city shall be issued in accordance with the procedures contained in Chapter 17.20 of the Morro Bay Municipal Code. 14.04.040: amend "planning department" to read "community development department" 14.04.050: delete entire section [outdated exception; now incorporated into uniform code] 14.04.070: amend "planning director" to read "community development director" 14.08.020: delete entire section [outdated definition of "auto court "] 14.08.030: renumber as 14.08.020 14.08.040: renumber as 14.08.030 and amend "planning department" to read "community development department" 14.08.050 - 14.08.070: renumber as 14.08.040 - 14.08.060., respectively Add new sections: 14.08.080: Community develo2ment department. development department" means the development department of the city. 14.08.090: amend to read as follows: "Community community 14.08.090. Dwelling accessory buildings. "Dwelling accessory buildings" mean those buildings wh&eh are set intended er used fer eeeapaney by human beings,- which are located on land on which there is a dwelling or building used for multiple dwelling purposes and which are designed and used for a purpose customarily incidental to the occupancy of a dwelling. 14.08.110: delete this entire section [outdated definition of "family "] • • Exhibit "A" Page Two 14.08.130: delete this entire section [outdated definition of "house court "] 14.08.180: delete this entire section [outdated definition of "planning department "] 14.08.190: delete this entire section [outdated definition of "urban area "] 14.08.120 - 14.08.170: renumber as 14.08.110 - 14.08.160 respectively 14.08.200: renumber as 14.08.170 14.12.010: correct "14.54" to read "14.56" [misprint correction] 14.12.020: amend "planning and building department" to read "community development department" 14.12.050: correct "14.54 to read "14.56" [misprint correction] 14.12.070: amend to read as follows: Official codes filed. Not less than three certified copies the Uniform Building Code, Uniform Building Code Standards, Uniform Mechanical Code, Uniform Plumbing Code, Uniform Housing Code, Uniform Code for the Abatement of Dangerous Buildings, Uniform Swimming Pool Code, Uniform Solar Energy Code, National Electrical Code and Uniform Fire Code adopted by reference in this title, shall be filed in the office of the city clerk, and shall be available for public inspection. The building official shall at all times maintain a reasonable supply of copies of all adopted codes available for purchase by the public at cost. 14.12.080: amend to read as follows: "The permit fees required by this Title EkapteEe 14r 46r 14,20r )4r24 and 14,28 of this 14.16.010: amend to read as follows: "The Uniform Building Code, 1985 1982 Edition, and the Uniform Building Code Standards, 1985 Editions, published by ..." 14.16.030: amend "planning department" to read "community development department" 14.16.050: amend subsection "D" to read as follows: "D. Buildings located in subzones 2 and 3 shall have their foundations designed by a registered engineer eff a lleeneed aFeh4ten 4 Exhibit "A" Page Three 14.20.010: amend "1981" to read "1984" 14.20.020: amend "Building Inspector" to read "Building Official" 14.20.040: delete existing subsections "B" and "C" entirely; re- label existing subsection "D" as "B" [outdated exceptions which are now incorporated in uniform code] 14.20.050: delete existing subsections "A" and "B" and re -label existing subsection "C" as "A" [exceptions now incorporated in uniform code] 14.24.010: amend each reference to "1982" editions to read "1985" editions 14.24.020 - 14.24.040: delete these three sections in their entirety [amendments to earlier code which are no longer necessary] 14.24.050: amend as follows: "Section 1,4 20.3 amended. The first paragraph of Section i 20.3 of the Plumbing Code shall be deleted. 14.24.060: amend as follows: "Section ir12 20.7 amended. In Section 1-42 20.7, delete schedule of fees." 14.24.070 - 100: delete these sections entirely [outdated exceptions; now incorporated in current code] 14.24.050: renumber as 14.24.020 Add new section 14.24.030 to read as follows: "14.24.030 Section 1101 amended. In order to protect the ground water and the estuarine environment of Morro Bay, Section 1101 shall be amended by deleting the exception cited after subsection f which otherwise allows septic tanks under certain conditions." 14.24.120 - 14.24.140 : renumber as 14.24.040 - 14.24.060, respectively 14.28.010: amend "1982" to read "1985" Chapter 14.32 re -title this chapter to read: "Building Regulations -- Housing Code and Code for. the Abatement of Dangerous Buildings" • • Exhibit "A" Page Four. 14.32.010: amend references to "1982" editions to read "1985" 14.48.010: add the following sentence "Open fences shall have intermediate rails or ornamental patterns such that a sphere six (6) inches in diameter cannot pass through." 14.60.010: amend reference to "1979" edition to read "1985" 14.60.200: add to Subsection "A" the following: "5. Any building with an occupancy defined as "residential" (ie: occupancy type R -1 or R -3) by the Uniform Building Code for which automatic fire sprinklers are required by this section, may generally employ a 13D or comparable system approved by the Fire Chief, provided, however, that the Fire Chief may impose stricter requirements if, special circumstances such as but not necessarily limited to the building size, height, site topography or accessibility exist which, in the Chief's opinion, warrant such stricter requirements in order to provide adequate fire protection." "6. For purposes of this section, buildings shall be considered separated if there exists a space between them equal to or greater than the distance required for seismic - induced lateral motion (excepting, however, a roof or similar protective structure spanning the space at the top of buildings only; the materials and design of such roof or protective structure shall be subject to approval by the Fire Chief and Building Official)." "7. Other subsections not withstanding, a four -hour masonry separation wall, with no openings, shall be recognized as a boundary between separate buildings for computing a building's area for purposes of this section." "8. Nothing in this section shall limit the ability of the Fire Chief, in cases of projects requiring a conditional use permit or other type of discretionary approval, to recommend to the Planning Commission or City Council the imposition of conditions of approval beyond the minimum standards of this section, if such conditions are found to be reasonable and necessary for the protection of the public 0 Exhibit "A" Page Five health, safety or welfare in the surrounding neighborhood or the community generally." Add to Subsection "B" the following: "4. Subsections B (1 -3) above notwithstanding, pressure - treated wood shakes or shingles which are certified as fire resistive for the expected life of the shingle may be used on roofs of additions to existing buildings which presently have wood shingles, provided the floor area (square footage) of the addition does not exceed 50 percent of the floor area (square footage) of the existing building." "5. For purposes of this section, any building surface flatter (ie: closer to horizontal) than an angle of 45 degrees shall be considered a "roof" for purposes of this section and shall not be covered by wood shakes or shingles, except as otherwise provided herein. Add new section 14.60.230: "Minimum size for elevators. Where elevators are required in new development, they shall have at least one dimension, including a diagonal drawn from one corner to its opposite one, of at least 80 inches, unless otherwise approved by the Chief." 1 D. Clearance from Surface and Underground Facilities. Signs and their supporting structures shall maintain clearance and noninterference with all surface and underground facilities and conduits for water, sewage, gas, electricity, and communications equipment or lines. Signs shall not be placed in public utility easements unless express written permission from the affected public utility is obtained for the sign. E. Drainage. The roofs of canopies or marquees exceeding twenty -five (25) square feet shall be drained to prevent dripping or flow onto public sidewalks or streets and shall be connected to an approved disposal source of adequate conductors. F. Visible supports. Visible angle iron or other frames supporting projecting signs, canopy signs, as well as chain supports are prohibited, except those structures of an artistic nature which are integral to the sign's aesthetic design. G. Glare prohibited. No sign shall be permitted to emit undue reflection or glare on surrounding property. No sign shall emit or reflect light exceeding ten (10) foot candlepower at ten (10) feet from the face of the sign. H. Sign orientation. No sign shall be permitted which is so oriented as to be viewed primarily across an adjacent private property line; all signs must be visible directly from a public right -of -way, other public open space or parking lot or courtyard on the same site as the sign, without view lines extending over private property different from that on which the sign is located. I. Lighting. Light sources shall be steady, stationary, `pedestrians, motorists and neighboring property. No sign shall emit or reflect light exceeding ten (10) foot candlepower at ten (10) feet from the face of the sign. J. Projecting signs and roof lines. No projecting sign shall extend above the roof line or parapet or the building or structure to which it is attached. 17.68.060 PERMITS A. Required. No sign shall be erected or altered, including painted signs, without first obtaining a permit to do so from the Director or his authorized representative, except as otherwise provided in this chapter. No permit shall be issued for any sign which does not conform to adopted sections of the Uniform Building Code and Uniform Sign Code and to other 7 s 4 applicable provisions of the construction standards of the City of Morro Bay. The Director may apply reasonable conditions to the approval of a sign permit to help ensure compliance with this chapter. B. Application. Application for a sign permit shall be made in writing upon forms furnished by the Community Development Department. Such application shall include a sign plan as required herein. C. Fees. Applications for a sign permit shall be accompanied by a fee in the amount set by resolution of the City Council. D. Sign plan required. Application for a sign permit as required by this chapter shall be accompanied by a plan or plans drawn to scale, which includes the following: 1. The proposed design, dimensions, copy, color, lighting methods and location of the sign on the property, including the dimensions of the sign's supporting members, and details of all connections, guy lines, supports and footings, and materials to be used. 2. The maximum and minimum height of the sign. 3. The method of attachment to any structure. 4. The position (orientation) of the proposed sign and its relation to adjacent buildings and structures, property lines and public rights -of- way. 5. The size and color relationships of such sign to the appearance and design of existing or proposed buildings and structures on the property. 6. The location of off - street parking facilities, including major points of entry and exit for motor vehicles where directional signs are proposed. 7. The sizes and dimensions of all other signs existing on the property. 8. The location and size of any building(s) or structure(s) on the property, both existing and proposed. 9. A statement of sign valuation. 10. Such other information as the Community Development Director may reasonably require to secure compliance with this chapter and the ordinances of the City. 8 11. Where the scale and scope of the sign proposal so warrants, the Director may waive some of the informational requirements above, provided all information necessary for adequate review of the proposal is submitted. E. Sign Review Criteria. The allowed number and area of signs as outlined in this chapter are intended to be maximum standards which do not necessarily ensure architectural compatibility. Therefore, in addition to the enumerated standards, consideration shall be given to a sign's relationship to the overall appearance of the subject property. Simplicity, and sign effectiveness shall be considered along with the following criteria in review of signs. In approving a sign permit or sign exception permit as provided for in 17.68.070 below, the reviewing body must find that these criteria are met: 1. The sign is consistent with the intent and purpose of this Chapter. 2. The sign does not constitute a detriment to public health, safety and welfare. 3. The size, shape, color, materials, design and location of the sign is compatible with and bears harmonious relationship to all signs on a parcel and to the use, as well as to the neighborhood and surroundings. 4. Signs on all proposed buildings or new additions to existing buildings are designed as an integral part of the total building design. 5. The location of the proposed sign and the design of its visual elements (lettering, words, figures, colors, decorative motifs, spacing and proportions) are legible under normal viewing conditions prevailing where the sign is to be installed. 6. The location and design of the proposed sign does not obscure from view or unduly detract from existing or adjacent signs. 7. The location and design of the proposed sign, its size, shape, illumination, and color does not detract from or interfere with or intrude upon adjacent properties or their occupants. 8. The location and design of a proposed sign in close proximity to any residential district does not adversely affect the value or character of the adjacent residential district. 9 • 9. Review of signs at City entryways as defined in the City's Scenic Highway Element shall also be subject to the following provisions: a. Sign area, height and location shall be designed so as not to interfere with view corridors as defined and specified in the Coastal Plan /Coastal Element. b. Freestanding signs shall not exceed eight (8) feet in height except within two hundred (200) feet of Highway One or Highway 41 where the provisions of Section 17.68.110 shall apply. Where feasible, all freestanding signs within or along City entryways shall be placed within a landscaped planter. 17.68.070 Exceptions. The following signs or modifications to signs shall not require a sign permit. These exceptions shall not be construed as relieving the owner of the sign from the responsibility of its safe erection and, safe and attractive maintenance, and its compliance with applicable provisions of this ordinance or any other law or ordinance regulating same. A. Changing copy. The changing of the advertising copy or message of an approved sign specifically designed for the use of replaceable copy. B. Maintenance. The electrical, repainting, or cleaning maintenance of a sign. C. Nameplates. Signs not exceeding one square foot in area and bearing only property numbers, post box numbers, or names of the occupants of premises. D. Government flags. Flags and insignia of any government, except when displayed in connection with commercial promotion. E. Legal notices. Legal notices, identification information, or directional signs erected by government bodies. F. Architectural features. Integral decorative or architectural features of buildings except letters, trademarks, moving parts or lights. G. Traffic direction signs. Signs directing and guiding traffic and parking on private property, not exceeding three (3) square feet in area but bearing no advertising matter. H. Announcement signs. One sign per street Frontage on real property where construction, structural alteration 10 • or repair is to take place, or is taking place, which contains information regarding the purpose for which the building is intended and the individuals connected with the project, including names of architects, engineers, contractors, developers, financers and tenants, provided the area of such sign shall not exceed sixteen (16) square feet in area. I. Real estate and "Open House" signs. During the period which real estate is offered for sale or lease, one sign per frontage not exceeding four (4) square feet in area in R -1 or R -2 residential districts, or eight (8) square feet in other districts, advertising the sale, lease, or rent of the property upon which it is located and the identification of the person or firm (agent) handling such sale, lease or rental. Said signs shall not exceed six (6) feet in height. No flags or banners are permitted. One off -site "Open House" sign, not to exceed eighteen inches by twenty -four inches (18" x 24 ") in area for providing direction to real estate which is available for inspection and sale, during daylight hours only, for a period not to exceed thirty (30) days and with permission of property- owners of site on which such sign is placed. J. Subdivision signs. One sign per street frontage, signs not exceeding fifty (50) square feet in aggregate area for the advertising of the sale of a subdivision may be displayed on the site of the subdivision upon approval of a final map and initiation of construction for a period of one year. The display period may be extended by written approval of the Planning Director for a reasonable period of time, not to exceed one year at any one time. K. Plaques. Commemorative plaques placed by historical agencies recongnized by the City of Morro Bay and County of San Luis Obispo or the State of California, consisting of non - combustible material (eg. bronze or stone) . L. Political campaign signs. Political campaign signs not to exceed sixteen (16) square feet in area per site shall be permitted only on private property, for a period not to exceed sixty (60) days preceding an election. Such signs shall be removed within seven (7) days after the election. M. Signs on awnings, etc. Painted, nonilluminated or indirectly lighted signs may be permitted on the borders of canopies, awnings, arcades or similar attachments or structures if located and erected in a manner satisfactory to the Director or an authorized representative. Such signs shall be included in the total permitted sign area. 11 • • N. Decorative wind socks. Decorative wind socks not exceeding six (6) feet in length, not advertising any location, business, goods or services and not extending over public property. Such signs extending over public property shall obtain a sign permit prior to installation. O. Garage sale signs. One unlighted sign shall be permitted for garage sales, provided such sign shall not exceed four (4) square feet in area and shall be displayed on the property where such sale shall take place and only on the day of said sale. 17.68.080 Minor Adjustments. The Director may grant for either new or existing signs, minor adjustments to sign colors, landscaping requirements or height, or authorize deviations from sign area not to exceed twenty percent (20%); and on sloping roofs, the allowance of roof signs not to extend above the ridge line, for existing buildings only, when it is determined that no other possible, reasonable method of sign is available. In granting adjustments, the Director may apply reasonable conditions to help ensure that the provisions of this Chapter are met. 17.68.090 Planning Commission Interpretation. The Planning Commission shall have authority and duty to interpret the provisions of this chapter at the request of the Planning Director, or when a written appeal from a decision of the Director is filed with the Planning Commission. Decisions made by the Planning Commission may be appealed to the City Council within 10 days of that decision. 17.68.100 Exception permits. Exception permits for signs not conforming with the provisions of this chapter may be granted by the Planning Commission, pursuant to the following provisions: A. Application. Application for an exception permit shall be made by the sign owner or by the lessee if approved by the property owner in writing, on a form prescribed by the City, and shall be accompanied by a fee as established by resolution of the City Council. B. Public Hearing. Upon receipt of the required application and fee, a public hearing shall be held by the Planning Commission. Notice of such hearing shall be given by publication in the official newspaper of the City at least ten (10) days prior to the hearing and by mailing said notice, postage prepaid, at least five (5) days prior to the hearing to all property owners whose names and addresses appear on the latest adopted tax roll as owning property within a distance of three hundred (300) feet from the exterior boundaries of the applicant's property. 12 • as C. Provisions for granting. Exception permits may be granted if the Commission finds that the sign will not be contrary to the purposes of this Chapter, will not be materially detrimental to the health, safety, comfort or general welfare of persons residing in athe neighborhood or detrimental or injurious to property or improvements in the neighborhood or to the general welfare of the city, and that adverse effects can be prevented with the imposition of conditions. The Planning Commission may impose conditions on the approval of a sign exception permit to ensure that the above listed provisions are met. D. Imitating traffic signs. Exception permits shall not be granted for signs imitating traffic signs or affecting visibility of traffic control devices, as prohibited in this Chapter. No exception permit shall be granted for illuminated signs of red, green or yellow within view of a signalized intersection. E. Appeal. In cases where the applicant or any other person is not satisfied with the action of the Planning Commission, they may within ten (10) days, appeal the decision of the Commission to the City Council on forms provided by the City. Notice shall be given to the Planning Commission of such appeal and the Commission shall submit a report to the City Council setting forth the reasons for the action taken. The City Council shall render its decision within sixty (60) days after the filing of such appeal. 17.68.110 Signs in various zones. The following regulations regarding signs shall apply to the specified zoning districts as provided below: Sign permits shall be required for the sign types described in the following zones unless expressly exempted. A. Agriculture Zone. One unlighted sign per street frontage for the purpose of advertising the sale of products grown on the premises may be allowed in the Agriculture zone and shall not require a sign permit. The aggregate area of such signs shall not exceed eight (8) square feet per property. B. Residential Zones. The following signs may be permitted in residential zones: 1. Surface signs. One identification surface sign not to exceed twenty (20) square feet in area shall be permitted on any multi - family dwelling of more than four (4) attached units. 2. One surface sign or monument sign not to exceed .5 square feet per one linear foot of frontage or twenty -four (24) square feet, whichever is less, shall be permitted for other allowable 13 • • nonresidential uses, except as otherwise provided in this Chapter. 3. For hotels, motels and bed and breakfast establishments in R -4 districts, signs may be permitted in accordance with the provisions for commercial and industrial zones as provided in subsection C below as well as attraction boards as provided in Section 17.68.120 below. 4. For bed and breakfast establishments in R -3 districts one surface sign or monument sign not to exceed .5 square feet for each linear foot of frontage and attraction boards as provided in the Section 17.68.120. 5. Subdivision or tract name signs. One nonilluminated sign not to exceed twenty -four (24) square feet in area or one (1) non - illuminated sign not to exceed twelve (12) square feet each er exclusive entrance to a subdivision or tract name with a maximum of four (4) per tract shall be permitted. 6. Mobile home parks. A mobile home park may be allowed one externally illuminated or non - illuminated identification sign, not to exceed the equivalent of one (1) square foot of sign area per ten (10) linear feet of frontage on each right -of- way upon which it takes vehicular access. No sign shall have a surface area of greater than thirty (30) square feet or be erected at right angles to the right -of -way. Such signs shall not exceed eight (8) feet in height. C. Commercial and industrial zones. The following signs may be permitted in commercial and industrial zones, except the G -0 zone: 1. Surface signs and aggregate allowable area per site. a. Provided no other types of signs are erected on the property, surface signs may be permitted to a maximum area of two (2) square feet for each one (1) linear foot of building frontage on the site. b. where surface signs are used in conjunction with other types of signs on the same site, the aggregate area allowed for all signs shall not exceed one (1) square foot for each one (1) linear foot of building frontage on the site. 14 • • c. Any sign, or the aggregate of all signs for any one property shall require an exception permit if such signs exceed two hundred (200) square feet in area, or except if the sign program is approved pursuant to a Conditional Use Permit or Coastal Development Permit. 2. Monument signs. One monument identification sign not to exceed six foot six inches (6'6 ") in height may be permitted per site. Monument signs set back at least five (5) feet from the property line(s) may be eight (8) feet in height provided, however, such sign is placed in a landscaped planter or berm subject to approval by the Director. Monument signs may be placed in required setback areas but must be a minimum of one (1) foot from the property line. Monument signs shall not interfere with safety sight angles on corners and at driveways. As a condition of any sign permit for a monument sign, additional landscaping of the site may be required to better integrate sign appearance with the site. 3. Projecting Signs. The total area of a projecting identification sign shall not exceed one (1) square foot for each one (1) linear foot of building frontage on the site. No projecting sign shall encroach more thant twelve (12) inches over a public right -of -way. In addition such signs shall be a minimum of eight (8) feet in height above a sidewalk or other public pedestrian right - of -way and shall otherwise comply with applicable provisions of Chapter 14. 4. Pole Signs. One pole sign for identification purposes only may be allowed per business site or per shopping center, subject to the following conditions: a. For a shopping center the total area of the sign shall not exceed one (1) square foot for each linear foot of property frontage, or one hundred (100) square feet, whichever is less. b. Such signs shall not encroach more than twelve (12) inches over a public right -of- way. c. Such signs shall not exceed fifteen (15) feet in heights; except within two hundred (200) feet of Highway One where twenty -five (25) feet may be approved subject to a Conditional Use Permit approved pursuant to Chapter 17.60. 15 d. Such signs shall be placed within a landscaped planter. e. As a condition of any sign permit for a pole sign additional landscaping of the property may be required where needed to better integrate sign appearance with the site through scale and softening effects. f. Such signs and their supporting elements shall be designed so as to be harmonious with any building or structures on the site, including architectural style, colors and scale. 9• Other provisions of this section notwithstanding, no pole sign shall be permitted on a property which fronts on a street right -of -way (excluding Highway One) which directly faces an R -1, R -2 or R -3 zoning district. 5. Marquee signs. One marquee sign may be permitted in conjunction with theaters, museums, galleries and similar uses subject to obtaining a sign exception permit. One identification sign not to exceed twelve (12) inches in the vertical dimension or six (6) inches in thickness (width) may be placed immediately below the marquee sign. Such sign shall not project beyond the marquee face, nor be less than eight (8) feet above a sidewalk or other public pedestrian right -of -way. Removable copy may be changed on the face of permitted marquee signs without securing a sign permit. 6. Restaurant menus. In addition to those signs permitted by this chapter, a restaurant may display a sign not to exceed three (3) square feet in area on a wall or window, which displays the menu and /or daily specials. 7. Temporary signs within window area. Temporary informational signs and posters including "sale ", special events and other similar signs, which do not exceed twenty -five percent (25%) of the window area, or ten (10) square feet, whichever is greater may be located on the inside of the window, or painted on said window for a period not to exceed thirty (30) days. 8. Frontage and Placement. a. A business in a building facing on more than one public right -of -way shall be allowed the 16 full authorized sign area on one street and one -half the authorized sign area on the other street(s). b. Any sign shall be oriented toward the public street on which they are located, or where no such public right -of -way exists, signs shall orient towards a common use parking lot or interior courtyard. c. Where the principal sign for a business is located so that it cannot be seen by pedestrian traffic, an identification sign, in addition to that otherwise allowed by this Chapter may be permitted by the Director. D. General Office Zone. The following signs may be permitted in the General Office (G -O) zone: Monument or surface signs may be permitted as provided in Section 17.68.110 (C) above, except that the total area of all signs on a site shall not exceed one (1) square foot per one (1) linear foot of frontage; and provided however, freestanding signs exceeding eight (8) feet in height are expressly prohibited. 17.68.120 Miscellaneous signs and their regulations. A. Display structures. Display structures for pedestrian viewing as defined herein shall be permitted in any commercial district upon granting of an exception permit as provided in this chapter. Such display structures shall comply with building setback requirements, shall have a total area not to exceed fifty percent (508) of the sign area requirements as prescribed in the section on commercial and industry zones for surface signs and shall be illuminated only by indirect light, semidirect light or diffused light. B. Special private event displays and grand opening signs. Temporary signs and wind signs may be erected on the premises of an establishment having a grand opening or special event, provided that such signs shall be displayed for a period not to exceed thirty (30) calendar days previous to such event. Such signs shall be removed within seven (7) days after the event. Such signs may be used for not more than two (2) periods each calendar year for any property or business. C. Directional and community promotional display programs. Directional and community promotion sign programs advertising, directing or informing pedestrian of business services or community events and services not related to or located on the site, shall be permitted on private property in commercial use areas of the 17 • • City, and on public lands or right -of -ways upon granting of an exception permit. D. Civic event signs on private property. Temporary signs not to exceed thirty -two (32) square feet in area announcing a campaign drive or event of a civic, public, quasi - public, philanthropic, educational or religious organization shall be permitted on private property for a period not to exceed thirty (30) days. Such signs shall be removed within fifteen (15) days after the event. E. Civic event signs on public property. Temporary signs announcing a civic, public, quasi - public, philanthropic, educational or religious organization purposes may extend over public property subject to obtaining an exception permit as provided in this chapter. Such signs may extend across a public street only by permission of the City Council and shall maintain a minimum vertical clearance of 'fourteen feet six inches (14' -6 "). No temporary sign may be displayed for a period exceeding thirty (30) days, for each of two (2) periods each calendar year. F. Attraction boards for hotels, motels and bed and breakfast establishments. An attraction board may be included in the design and allowable sign area for a hotel, motel, or bed and breakfast establishment, subject to the following: 1. The attraction board shall be designed and located so that it is made an integral part of the principal sign except as provided below. 2. If the principal sign is designed and located on a building or in such a manner that an attached attraction board sign would detract from the appearance of the sign, a detached attraction board sign shall be allowed provided: a. That the size of the detached attraction board sign shall be counted as part of the total allowable sign area; b. That the maximum allowed size for a detached attraction board sign shall be five (5) square feet; c. The name of the hotel or motel shall not be indicated on the attraction board sign. 3. The following information shall be allowed on an attraction board sign: a. Winter rate (excluding amount) 18 • • b. Vacancy c. Credit cards d. TV e. Pool f. Air conditioning g. Continental Breakfast h. Any other information as approved by the Director G. Signs on awnings and similar overhangs. Painted, non - illuminated or indirectly lighted signs may be permitted on the borders of marquees, canopies, awnings, arcades or similar attachments or structures, but not including mansard -style roofs or eaves, if located and erected in a manner satisfactory to the Planning Director or an authorized representative. Such signs shall be included in the total permitted sign area. 117.68.130 Maintenance. Every sign, including those signs for which no permit is required, together with all supports, braces, guys and anchors shall be maintained in a safe, presentable and good structural condition at all times. The display surfaces of all signs shall be kept neatly painted, posted or otherwise maintained at all times. The owner of property on which the sign is located shall be responsible for the condition of the area in the vicinity of the sign, and shall be required to keep this area clear, sanitary, and free from noxious or offensive substances, rubbish and flammable waste materials. 17.68.140 Abandoned Signs. Any sign which is located on property that becomes vacant and is unoccupied for a period of three (3) months or longer, or any sign which was erected for an occupant cm or business unrelated to the present occupant or 6� busines$ existing, non - conforming outdoor off -site freestanding signs, or any sign which pertains to a time, event or purpose which no longer exists shall be presumed to be abandoned. Permanent signs applicable to a business temporarily suspended because of a change of ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of six (6) months or more. An abandoned sign is prohibited and shall be removed; such removal shall be the responsibility of the property owner. Abandoned signs are found to be a public nuisance due to their misleading and distracting nature and due to their contributing to visual blight, detrimental to surrounding areas and the community generally. 17.68.150 Existing Nonconforming Signs. Signs existing at the time of adoption of the ordinance codified herein, which do not comply with the provisions hereof but which were legally erected pursuant to applicable State and City ordinances and policies in effect at the time of construction, shall be regarded as nonconforming signs, and are subject to the following: A. Whenever there occurs a change in the type of business or use with which a sign is associated, such existing 19 • signs for the prior business shall be removed or otherwise made to conform to the provisions of this chapter. B. A nonconforming sign may not be expanded, extended, reconstructed, or altered in any way in its location or orientation to enable it to be read or viewed from a different direction than its original position, except in the following cases: 1. Such sign may be removed for purposes of repair and routine maintenance, including painting, provided such sign is replaced within sixty (60) days of its removal. 2. Minor sign face changes not involving changes in graphic design or color are permitted. 3. Such sign may be removed for the purpose of remodeling a building provided replacement occurs within thirty (30) days after remodeling is completed. 4. If change of ownership of the business occurs, and no change to the type of business advertised by any nonconforming sign, the new owner may change any name or names on such sign provided there is no change in the sign size, configuration or orientation. C. A nonconforming sign destroyed by the elements, fire or other accidental cause, to an extent exceeding fifty percent (50%) of its original valuation shall not be replaced as a nonconforming sign. 17.68.155 Time limits for signs found non - conforming pursuant to ordinance 108. The City Council hereby incorporates the time limits for compliance for con - conforming signs as originally adopted by ordinance 108 and modified by ordinance 242: A. Time limits. There are hereby declared to be the following time periods commencing six months from October 1, 1972, within which all non - conforming signs within the City shall be altered, removed, or otherwise made to comply with the provisions of this chapter: All signs not in conformance with the requirements provided by chapter 14.64 as in effect on October 1, 1972: eleven years from said October 1, 1972. EXCEPTION: The following time period shall apply to signs legally erected pursuant to a valid sign permit issued within two years immediately preceding October 1, 1972: 20 • • to be maintained any such sign on any property owned or controlled by him. 3. Unless some other mode of abatement is approved by the building official in writing, abatement of non - conforming signs shall be accomplished in the following manner: a) Movable Signs - Rotations Exceeding Eight R.P.M.: By reducing rate of rotation to eight r.p.m. or less or by removing the sign. b) Other Signs - By removal of the sign, including its dependent structures and supports; or pursuant to a sign permit duly issued, by modification, alteration or replacement thereof, in conformity with the provisions of this chapter. 17.68.160 Penalties for violation. A. Whenever a sign is found to be erected or maintainted in violation of any provision of this chapter or of any other chapter or law, the Director shall order that such sign be altered, repaired, reconstructed, demolished, or removed as may be appropriate to abate such condition. Any work required to be done shall be completed within ten (10) days of the date of such order, unless otherwise specified in writing. B. Failure, neglect or refusal to comply with such order of the Director shall be sufficient basis for the revocation of any permit granted under this chapter. C. The Director shall have the power and authority to remove or cause to be removed, at the owner's expense, any sign erected or maintained in violation of the provisions of this chapter. D. The installation and /or maintenance of a sign in violation of this chapter or in violation of any conditions affixed to a sign permit shall be deemed a misdemeanor. 22 • 1 All signs not in conformance with chapter 14.64 as in effect on October 1, 1972: Fifteen years from permit date. B. List of non- conforming signs. 1. Within six months of October 1, 1972, the building official shall compile a list of signs which as of said date do not conform to the provisions of this chapter 14.64 and are subject to amortization in accordance with Section A above, and file the same in his office. 2. Notification. a) Within three months after said filing, the building official shall cause to be mailed to the owners of property and the proprietor of premises on which non - conforming signs are located, notice of the existence' of such non- conforming signs and the time within which the same must be made to conform or be abated; b) For purposes of such notification, the last known name and address of the owner of the property in question shall be used, as shown on the last equalized assessment roll of the county of San Luis Obispo; c) Notification to such owner of the property shall be deemed to be notification to the owner of the sign in question; d) The mailing of such notice shall be done by certified mail. The failure of the owner to receive the same shall in no way impair the effectiveness of the provisions of this section or the validity of any proceedings taken for the abatement of any such sign. C. Abatement. 1. Non - conforming signs listed in Section A above shall either be made to conform with the provisions of this chapter, or abated within the applicable period of time set forth in Section A above. 2. In the event a sign is not abated in accordance with subsection 1, the building official shall order the same abated by the owner of the property and any other person known to be responsible for the maintenance of the sign. It is thereafter unlawful for any such person to maintain or suffer 21 s • EXHIBIT 'B' Chapter 14.64 BUILDING REGULATIONS -- SIGN CODE Sections: 14.64.010 Adopted. 14.64.010 Adopted. The Uniform Sign Code, 1985 Edition, as published by the International Conference of Building Officials, is adopted by this reference with the same force and effect as if fully set forth herein. 7 ORDINANCE NO. 283 AN INITIATIVE ORDINANCE DESIGNED TO PREVENT MORRO BAY FROM BECOMING AN OIL PORT, PERSONNEL -BOAT CENTER OR OTHER LOGISTICAL BASE FOR OFFSHORE OIL OPERATIONS Be it ordained by the people of the city of Morro Bay as follows: FACILITIES, EQUIPMENT, SUPPORT VESSELS AND ANY OTHER AIDS FOR OCEAN, BAY OR ESTUARY OIL EXPLORATION, DEVELOPMENT AND PRODUCTION ARE PROHIBITED WITHIN THE CITY LIMITS OF MORRO BAY, ONSHORE OR WITHIN THE HARBOR AND IN WATERS ELSEWHERE WITHIN THE CITY'S BOUNDARIES. NO PERMITS OR OTHER AUTHORIZATION SHALL BE ISSUED BY THE CITY OF MORRO BAY OR ITS AGENTS WHICH WOULD ALLOW SUCH SUPPORT. RESCUE OR OTHER WATER RELATED EMERGENCY SITUATIONS ARE EXCEPTED FROM THE PROVISIONS OF THIS ORDINANCE. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof, held on the 28th day of April, 1986, by the following vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None ATTEST: v BUD ZEUSC , Mayor • • ORDINANCE N0. 282 AN ORDINANCE AMENDING TITLE 17 OF THE MORRO BAY MUNICIPAL CODE, THE ZONING ORDINANCE TEXT AND MAP THE CITY COUNCIL City of Morro Bay, California WHEREAS, on September 3, and 16, 1985, the Planning Commission of the City of Morro Bay, California, held duly noticed public hearings to consider various amendments to the City's Zoning Ordinance and Local Coastal Program (LCP); and WHEREAS, after said public hearing, the Planning Commission did report and recommend to the City Council adoption of said amendments which are illustrated on Exhibits "A" through "D ", attached hereto; and WHEREAS, on October 14, 1985, the City Council of the City of Morro Bay, California, did hold a duly noticed public hearing to consider the amendments recommended by the Planning Commission; and WHEREAS, after said hearing the Council did adopt Resolution No. 101 -85 approving said amendments for submission to the California Coastal Commission for certification; and WHEREAS, on February 7 , 1986, the California Coastal Commission did certify said amendments without modification. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Morro Bay, California, as follows: That the City Council does hereby modify Title 17 of the Morro Bay Municipal Code as illustrated on Exhibits "A" through "D ", which are attached hereto and incorporated herein, by this reference. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof, held on the 28th day of April, 1986, by the following roll call vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None 2 ORDINANCE NO. 282 Page Two ATTEST: • APPROVED AS TO F 3 • C Exhibit A Add to Section 17.40.030 as follows: - 5.2.A. DISTRICT The purpose of this suffix is to preserve the existing character of physical' development in the area within the jurisdiction of the City of Morro Bay; west of State Highway One north Azure Street. Where this suffix fails to specify.the location and type of development permitted; the existing R -1 classification shall be deemed to contain the applicable definitions and.specifications. - Minimum - building site required, four thousand square feet '. - Minimum front yard setback 15 feet. - Minimum interior aide yard setback 5 feet. - Minimum exterior side yard setback (cornet lot) 15 feet - Maximum lot coverage permitted; fifty percent. -Less than three thousand five hundred square feet lot area one car garage permitted. - Dwelling height limit, fourteen (14) feet; provided; however; that for peaked roofs and other architectural features a height of up to seventeen (17) feet may be permitted provided such space above 14 feet is not habitable space but above a ceiling as attic space . only. -No Guest House shall exceed 700 square feet, or 60 percent of the floor area of the main building Add -io soar• L set-!x« i7,' . 4eS C,.:tc )) as an uncovered projection "open porch" shall be defined sides. . permanently open on at least two A side shall be considered "open" if it has a wall or fence or rail consisting of a solid material not more than 36 inches high or a wall consisting of a material that has a surface which is 50 percent open to the air or made of clear glass. "Uncovered" shall preclude eave overhangs permitted under other applicable sections of this chapter • Exhibit B a) Delete-Section 17.12.192: relocations, additions, ea extensions, exterior changeseto existing buildings and strucutures, site preparations and improvements, construction activity, grading, irrigation, wastewater disposal and other activities and facilities accompaning such development." Replace with: Development is defined pursuant to Public Resources Code Section 30106 and shall mean: on land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged materials or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials: change in the denelty or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of•land,•including lot splits, except where the land division is brought about in connection with the Purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the site of any structure, including any facility of any-private, public, or municipal utility; and the removal or harvesting, of _major vegetation other than for agricultural purposes, and kelp harvesting. As used in this section, "structure" includes, but is not limited to, any building's, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line." b) Delete Section 17.49.100 (H): "Parking Standards. The off - street parking requirements for community housing project shall be one and one -half parking spaces per unit for one bedroom or studio unite and two parking spaces for units containing two or more bedrooms. • r• 1 E x fiaai:i °t C —1 Add the following subsection to Ordinance: 17.40.030 of the Zoning E. Conforrmmng i resreB ial uses -S.6 District The intent of this suffix district is to afford reasonable protection in case of accidental deetruction for various residential uses which were made non - conforming when the City's L,CP was adopted, subject to certain limitations. In the S.6 district residential uses which were' "constructed• - prior to October, 1984, shall be considered conformin followin regardless l of the base zoning district and subject to uthe 9 limitations; 1' The conforming status to such residential uses extended by this suffix shall run for fifty (50) years from the date of original construction of the building. After fifty (50) years from date of original construction, such uses shall be considered legal, but non - conforming uses, if they do not conform to the base zoning district. Such uses may continue, but shall be subject to. all applicable provisions of Chapter 17.56 regarding non - conforming uses. 2. No addition to a residence in the S.6 zone which is otherwise non - conforming to the base zone district, and exceeding 25 percent of the existing floor area, may be permitted unless a Conditional Use Permit is obtained pursuant to Chapter 17.60. Exhibit D Amend Zoning District Map referenced in Chapter 17.28 so that the properties shown below are R -1 /S -1 instead of R -4 S A • ORDINANCE NO. 281 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ADOPTING A TIME EXTENSION FOR AN INTERIM URGENCY ZONING ORDINANCE FOR THE NORTH MAIN STREET AREA (ORDINANCE NO. 280) WHEREAS, the City Council of the City of Morro Bay, • California, did on February 24, 1986, adopt Ordinance No. 280, an interim urgency zoning ordinance prohibiting uses conflicting with provisions of a contemplated specific plan for the North Main Street area; and WHEREAS, said ordinance will automatically expire on April 10, 1986, unless extended by the Council; and WHEREAS, California Government Code Section 65858(b) allows such ordinances to be extended up to 22 months and 15 days; and WHEREAS, on March 24, 1986, the City Council did conduct a public hearing to consider such a time extension; and WHEREAS, after said public hearing the City Council did find that the time extension is necessary based on the same findings and reasons cited in Ordinance No. 280 which are incorporated herein by this reference. NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Morro Bay, as follows: That the City Council does hereby extend Ordinance No. 280 to February 24, 1988, or until the effective date of the above - referenced North Main Street Specific Plan, whichever is sooner. PASSED, APPROVED AND ADOPTED, on this 2lth day of March 1986, by the following vote to wit: AYES: . Kaltenbach, Risley, Sheetz, Zeuschner NOES: None ABSENT: Miller D ZEUS ER, Mayor ATTEST: APPROVED AS TO FORM: TAM 4 GARY NAP Jerk ORDINANCE NO. 280 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ADOPTING AN INTERIM URGENCY ZONING ORDINANCE PROHIBITING USES CONFLICTING WITH A CONTEMPLATED SPECIFIC PLAN FOR THE NORTH MAIN STREET AREA. WHEREAS, the City Council of the City of Morro Bay, California, has recognized the need for new, clearer and more protective land use regulations for the "North Main Street Area" as illustrated on Exhibit "A" attached hereto; and WHEREAS, the City Council has allocated funds for the preparation of a Specific Plan for this area, which is presently being prepared by the Community Development Department and Planning Commission; and WHEREAS, said plan, as contemplated, will generally lower height limits, reduce residential densities, protect views better, improve visual resources,• reduce conflicts with adjacent residential neighborhoods and reduce traffic and circulation impacts relative to existing zoning standards in place for this area; and WHEREAS, there is high probability that projects will be proposed in the subject area during the time that the specific plan is being prepared, reviewed, adopted and certified and that if such projects are approved pursuant to existing standards, the purpose and intent of the specific plan may be jeopardized; and WHEREAS, accordingly, the Planning Commission recommended that the Council adopt an interim urgency zoning ordinance while the specific plan is being prepared, reviewed, adopted and certified, prohibiting projects which conflict with the provisions of the contemplated specific plan; and WHEREAS, Section 65858 of the California Government Code permits a city to adopt as an urgency measure interim ordinances prohibiting uses which may be in conflict with a contemplated specific plan which the City is considering or studying; and WHEREAS, on February 24, 1986, the City Council did conduct a Public Hearing to consider adoption of such an interim ordinance; and WHEREAS, after said Public Hearing the City Council did make the following findings regarding the proposed interim ordinance: 4 • CITY COUNCIL ORDINANCE NO. Page Two 1. That approval of additional subdivisions or use permits or similar entitlements for projects which could conflict with the contemplated specific plan would result in a threat to public health, safety or welfare: a. Such projects could be excessively tall, unnecessarily blocking public views, which are a public resource, or private views, reducing the livability and property values of residential neighborhoods, and thereby threatening the public welfare; b. Such projects could result in excessive residential densities and building intensities resulting in increasing. traffic, exacerbating potential circulation problems on Main Street particularly at intersections with State Highways 41 and 1, thereby threatening public safety; c. Such projects could produce unnecessary and excessive noise and glare impacts, reducing the livability of nearby residential neighborhoods, thereby threatening public health and welfare; d. Such projects could unnecessarily reduce open space, landscaping and related visual amenities, thereby impacting the livability of the residences, viability of commerce and enjoyment of the area by visitors, thereby impacting the public welfare. 2. That because there are numerous vacant or underutilized properties in the subject area for which development proposals are very likely, this threat is current and immediate. NOW THEREFORE, BE IT ORDAINED, by the City Council of the City of Morro Bay, as follows: That the City Council does hereby adopt as an urgency measure, a interim ordinance prohibiting uses which could conflict with the specific plan contemplated for the area illustrated on Exhibit "A "; text of said ordinance is shown on Exhibit "B" which is attached hereto and made part hereof by this reference. This ordinance shall take effect immediately upon its adoption. 5 • CITY COUNCIL ORDINANCE NO. Page Three PASSED, APPROVED AND ADOPTED, on this 24th day of February, 1986, by the following vote to wit: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None ATTEST: Gary Nap APPROVED AS TO FO Judy Skousen, City Attorney 6 Zeu er, Mayor ATA50�DEP0 • ORDINANCE NO. 280 EXHIBIT "B" INTERIM ORDINANCE FOR NORTH MAIN STREET SPECIFIC PLAN AREA 1. For the area shown on Exhibit "A ", no new development proposal, except those listed in paragraph (2) below, shall be permitted unless a Conditional Use Permit (CUP) is first approved by the Planning Commission. In approving a CUP, the Planning Commission must find, in addition to those findings required in Chapter 17.60 of the Morro Bay Municipal Code, that the proposed development, as conditioned, is in conformance with the General Plan and Local Coastal Program and does not conflict with the provisions of the contemplated specific plan for the subject area. 2. For the following types of developments only, a CUP may not be required; however, prior to issuance of any sign permit, building permit or other administratively approved entitlement, the Community Development Director shall first find that the proposed development does not conflict with the contemplated specific plan: a. Change of use in existing buildings; b. Additions or modifications to existing buildings not exceeding 25 percent of the floor area of the existing building; c. New or modified signs; d. New or modified landscaping or parking lots. The decision and /or findings of the Director may be appealed to the Planning Commission. Such appeal shall be filed on a form provided by the Community Development Department not later than 10 days after the Director advises the applicant in writing of his decision and /or findings. 7 ORDINANCE NO. 279 ORDINANCE AMENDING ORDINANCE NO. 13, SECTION 1 AND CHAPTER 13.12 OF THE MORRO BAY MUNICIPAL CODE TO COMPLY WITH WASTEWATER DISCHARGE REGULATIONS ESTABLISHED IN THE NON - INDUSTRIAL SOURCE CONTROL PROGRAM REQUIRED BY THE ENVIRONMENTAL PROTECTION AGENCY AS AN ADJUNCT TO THE CITY'S NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM PERMIT T H E C I T Y C O U N C I L City of Morro Bay, California The City Council of the City of Morro Bay does hereby ordain that Ordinance No. 13, Section 1 and Chapter 13.12 of the Morro Bay Municipal Code be amended to read as described in Exhibit "A" attached hereto. Passed and adopted by the City Council of the City of Morro Bay at a regular meeting thereof held the 24th day of March 1986, by the following vote: AYES: Kaltenbach, Risley, Sheetz NOES: None ABSENT: Miller, Zeuschner ROSE' MARE.. HEETZ, iF yor Pro Tem EXHIBIT "A" (Proposed Revisions in Capital Letters) CITY OF MORRO BAY MUNICIPAL CODE Chapter 13.12 SEWERS 13.12.010 - 13.12.090 No changes 13.12.100 Quality of sewer discharge. No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof runoff, subsurface drainage, UNPOLLUTED industrial cooling or unpolluted industrial process waters to any sanitary sewer. 13.12.110 Discharge of storm water, unpolluted drainage and industrial cooling waters. Storm water and all unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the director of public works. UNPOLLUTED industrial cooling or unpolluted process waters may be discharged, upon approval of the director of public works, to a storm sewer, combined sewer or natural outlet. 13.12.120 Prohibited discharge. Except as provided in this chapter, no person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers. A. Any liquid or vapor having a temperature higher than one hundred fifty degrees Fahrenheit; B. Any water or waste which may contain more than one hundred parts per million, by weight, of fat, oil, or grease; C. Any gasoline, benzene, naptha, fuel oil, or other flammable or explosive liquid, solid or gas; D. Any garbage that has not been properly shredded; E. Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, woods, paunch manure, or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works; F. Any water or wastes having a pH lower than 5.5 or higher than 9.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works; • EXHIBIT "A" - Page Two G. Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans, PLANTS or animals, or create any hazard in the receiving waters of the sewage treatment plant; H. Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant; I. Any noxious or malodorous gas or substance capable of creating a public nuisance; J. ANY WASTES WHICH WILL EXCEED THE LIMITATIONS SET FORTH IN FEDERAL PRETREATMENT STANDARDS; K. ANY WASTES WHICH WILL INTERFERE WITH THE DISPOSAL, RECLAMATION OR REUSE OF THE WASTEWATER TREATMENT PLANT EFFLUENT OR SLUDGE; L. ANY WASTES WHICH WILL CAUSE THE WASTEWATER TREATMENT PLANT TO VIOLATE ITS NPDES PERMIT; M. ANY RADIOACTIVE WASTES OR ISOTOPES OF HALFLIFE OR CONCENTRATION WHICH EXCEED LIMITS ESTABLISHED BY THE WATER QUALITY CONTROL SUPERINTENDENT; N. ANY WASTES WHICH CAUSE A HAZARD TO HUMAN LIFE OR CREATE A PUBLIC NUISANCE. 13.12.125 FEDERAL AND STATE REQUIREMENTS. FEDERAL AND /OR STATE DISCHARGE REQUIREMENTS WILL APPLY IN ANY CASE WHERE THEY ARE MORE STRINGENT THAN THOSE IN THIS ORDINANCE. 13.12.130 - 13.12.180 No changes. 13.12.185 INSPECTION OF PREMISES. THE DIRECTOR OF PUBLIC WORKS, OR AUTHORIZED REPRESENTATIVE OF THE CITY, SHALL BE PERMITTED TO ENTER ALL PROPERTIES, WITHOUT PRIOR NOTICE, FOR THE PURPOSES OF INSPECTION, SAMPLING AND TESTING IN ACCORDANCE WITH THE PROVISIONS OF THIS ORDINANCE. 13.12.190 - 13.12.270 No changes. 13.12.280 Private facility -- Operation. No owner or operator of any facility for the reception of raw or chemically- treated sewage shall permit any raw or chemically- treated sewage to be dumped into such facility until an operating permit for such facility has been obtained from the director of public works as provided for in this chapter and conspicuously posted • • EXHIBIT "A" - Page Three near such facility. Upon application to the director of public works, the director of public works shall issue, in accordance with the Master Fee Schedule, an operating permit to the owner of any such privately owned facility upon certification to the director of public works by the building official that such facilities have been constructed in conformance with the approved plans and specifications of the city. Such operating permit shall be conditional upon continued operation of such facilities in compliance with the rules, regulations and directives of the director of public works relating to such operation, including maintenance and cleaning of such facilities. OWNER OR OPERATOR OF SUCH FACILITIES SHALL KEEP A LOG OF DISCHARGERS' NAME, DRIVER'S LICENSE NUMBER, VEHICLE TYPE AND LICENSE NUMBER, DATE AND TIME OF DISCHARGE. THE OWNER OR OPERATOR OF THE FACILITY SHALL NOT PERMIT COMMERCIAL USE OF THE DISCHARGE FACILITY. Any officials of the city shall have the right of entry into buildings or premises regulated by this chapter in accordance with the provisions of Section 1.08.010 of this code. 13.12.290 - 13.12.300 No changes. 13.12.310 RIGHT TO TERMINATE WATER SERVICE. IF ANY USER OF THE CITY SEWER SYSTEM FAILS TO MEET THE REQUIREMENTS SET FORTH IN THIS ORDINANCE, THE DIRECTOR OF PUBLIC WORKS SHALL HAVE THE AUTHORITY TO TERMINATE WATER SERVICE OR USE ALTERNATE ACTIONS TO PROTECT THE WASTEWATER TREATMENT FACILITIES, EMPLOYEES AND SURROUNDING ENVIRONMENT FROM HAZARDOUS DISCHARGES. 13.12.320 LIABILITY FOR DAMAGES FOR VIOLATION. ANY PERSON VIOLATING A PROVISION OF THIS ORDINANCE SHALL BE LIABLE FOR ALL DAMAGES RESULTING FROM SUCH VIOLATION, OR WHICH ARISE FROM ACTIONS TAKEN IN THE CORRECTION OF SUCH VIOLATION, WHICH ARE INCURRED BY THE CITY, INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES, COURT COSTS, AND FINES LEVIED ON THE CITY BY REGULATORY AGENCIES. ORDINANCE NO. 278 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ADOPTING AN INTERIM URGENCY ZONING ORDINANCE WHICH WILL TAKE EFFECT IMMEDIATELY UPON ITS ADOPTION T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City Council of Morro Bay has adopted new zoning measures for a portion of Atascadero Beach Tract areas, and specifically for residentially zoned property in the City limits, west of State Highway Number 1 and North of Azure Street, but they will not become effective until certified by the California Coastal Commission, said certification being expected in February 1986; and WHEREAS, on January 14, 1985 the City Council did adopt Ordinance No. 268 establishing an interim urgency zoning ordinance for regulating new development until the new zoning measures are approved, said Ordinance being extended on February 25, 1985 and having expired January 9, 1986; and WHEREAS, the above referenced portion of Atascadero Beach Tract areas, due to various private deed restrictions, has developed a visually well- defined neighborhood which character it is necessary and desirable to preserve for the benefit of the residents, property owners, and visitors to the adjacent beach area; and WHEREAS, while waiting for certification by the California Coastal Commission of said new zoning measures, new construction which would be out of character would have a detrimental impact on the present neighborhood and result in a threat to the public welfare; and WHEREAS, Section 65858 of the California Government Code authorizes cities to adopt interim urgency zoning ordinances in order to regulate land uses during the time period when new zoning ordinances are being prepared; and WHEREAS, the City Council finds that an interim urgency ordinance is necessary to protect the public welfare and the best interests of the community by protecting the highly valued neighborhood character found in the subject areas. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby adopt an interim urgency zoning ordinance, as illustrated in Exhibit "A" which is attached hereto and made part hereof by this reference, and which shall take effect immediately upon its adoption. Ordinance No. 278 Page Two PASSED, APPROVED AND ADOPTED on this 13th day of January, 1986 by the following vote to wit: AYES: Kaltenbach, Miller, Risley, Zeuschner NOES: None ABSENT: Sheetz ATTEST: APPROVED AS TO FORM: UD ZEUSC', Mayor JUDY SKO E , City Attorney r • ORDINANCE NUMBER .278. • EXHIBIT "A" For the area of the City of Morro Bay, designated on the existing zoning district maps and coastal plan for residential purposes and located west of California Highway One and north of Azure Street, no development shall be approved which exceeds the height limits or; setbacks prescribed by various private deed restrictions established for properties in this subject area or which in any other way significantly varies from the existing development pattern which has resulted from said restrictions and is not, thereby, compatible with the character of the neighborhood. This ordinance shall remain in effect only until either (a) 45 days from adoption, unless extended pursuant to Section 65858 of the Califonia Governemnt Code; or (b) to such time as the new zoning regulations contemplated for the subject area are adopted and effected; which ever is sooner. 4 t ORDINANCE N0. 277 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ADOPTING A CABLE TELEVISION ORDINANCE FOR THE CITY OF MORRO BAY, WHICH ORDINANCE HEREBY RECINDS ORDINANCE NO. 28 AND ITS SUBSEQUENT AMENDMENTS: ORDINANCE N0. 128; ORDINANCE NO. 146; AND ORDINANCE NO. 151 THE CITY COUNCIL City of Morro Bay, California .THE:'CITY COUNCIL OF THE CITY OF MORRO BAY HEREBY ORDAINS AS FOLLOWS: City Ordinance No. 28 is hereby rescinded, as are: City Ordinance 128; City Ordinance No. 146; and City Ordinance No. 151. These ordinances are rescinded and are replaced with the attached document labeled as Exhibit "A ". PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting of the City Council held thereof on the '27th day of January, 1986, by the following roll call vote: AYES: Kaltenbach, hiller, Risley, Sheetz, Zeuscnner NOES: None ABSENT: None EXHIBIT "A" ORDINANCE NO. 277 CITY OF MORRO BAY CABLE TELEVISION ORDINANCE SECTION 1 - TITLE Section 1.1. TABLE OF CONTENTS Short Title SECTION 2 - DEFINITIONS Section 2.1. Section 2.2. Section 2.3. Section 2.4. Section 2.5. Section 2.6. Section 2.7. Section 2.8. Section 2.9. Section 2.10. Section 2.11. Section 2.12. Section 2.13. Section 2.14. Section 2.15. Section 2.16. Section 2.17. Section 2.18. Section 2.19. Section 2.20. Section 2.21. Section 2.22. Section 2.23. Section 2.24. Section 2.25. Section 2.26. • Basic Cable Service Broadcast Signal Cable Communications System Channel Commence Construction Commence Operation Council FCC Franchise Franchise Agreement Franchise Fee Franchise Territory Grantee Grantor or City Gross Annual Revenues Initial Service Area Installation Person Public Access Channel Reasonable Notice School Section Service Area State Street Subscriber (i) Page 1 1 1 1 1 2 2 3 3 3 3 4 4 4 4 5 5 5 6 6 6 6 6 7 7 7 7 7 7 TABLE OF CONTENTS (cont.) SECTION 3 - GRANT OF FRANCHISE Section 3.1. Section 3.2. Section 3.3. Section 3.4. Section 3.5. Section 3.6. Section 3.7. Section 3.8. Section 3.9. Section 3.10 Section 3.11 Section 3.12 Page 8 Franchise Application 8 Grant 9 Franchise Territory 9 Use of Public Streets and Ways 9 Duration 10 Franchise Nonexclusive 11 Transfer of Ownership or Control 11 Franchise Renewal 12 Franchise Fee 12 Termination 14 Franchise Required 16 Establishment of Franchise Requirements 17 SECTION 4 - REGULATION OF FRANCHISE Section 4.1. Section 4.2. Section 4.3. Regulatory Authority System and Service Review Annual Review of Performance SECTION 5 - GENERAL FINANCIAL AND INSURANCE PROVISIONS Section 5.1. Section 5.2. Section 5.3. Section 5.4. Construction Bond Performance Bond Indemnification Insurance SECTION 6 - DESIGN AND CONSTRUCTION PROVISIONS Section 6.1. Section 6.2. Section 6.3. Section 6.4. Section 6.5. Section 6.6. Section 6.7. Section 6.8. Section 6.9. Section 6.10. System Design Geographical Coverage System Construction Schedule Remedies for Delay in Construction Undergrounding of Cable New Development Undergrounding Undergrounding at Multiple - Dwelling Units Street Occupancy Removal or Abandonment of Grantee's Property Construction and Technical Standards 17 17 17 20 20 20 21 22 23 25 25 25 26 27 27 28 28 29 32 34 • TABLE OF CONTENTS (cont.) SECTION 7 - SERVICE PROVISIONS Section 7.1. Section 7.2. Section 7.3 Services to be Provided Public Access Service to Public Facilities SECTION 8 - OPERATION AND MAINTENANCE Section 8.1. Section 8.2. Section 8.3. Section 8.4. Section 8.5. Section 8.6. Section 8.7. Section 8.8. Section 8.9 SECTION 9 - Section Section Section SECTION 10 - Section SECTION 11 - Section SECTION 12 - Section SECTION 13 - Inspection of Property and Records Complaint Records Local Office and Complaints Rights of Individuals Continuity of Service Mandatory Credit for Service Interruption Grantee Rules and Regulations Tenant Rights Subscriber Survey RIGHTS RESERVED TO THE GRANTOR 9.1 Right to Purchase System 9.2. Eminent Domain 9.3. Right of Inspection of Construction RIGHTS RESERVED TO THE GRANTEE 10.1. Right of Grantee FORCE MAJEURE 11.1. Grantee's Inability to Perform REPORTS 12.1. False Statements MISCELLANEOUS PROVISIONS Page 36 36 36 37 38 38 39 40 41 42 43 44 44 45 46 46 46 47 47 47 48 48 48 48 49 Section 13.1. Compliance with State and Federal Laws 49 Section 13.2. Separability of Material Provisions 49 Section 13.3. Separability of Non - Material Provisions 50 Section 13.4. Public Notice 51 Section 13.5. Theft of Services and Tampering 51 Section 13.6. Audit of Financial Records 52 Section 13.7. Captions 52 Section 13.8. Notice 52 • SECTION 1 - TITLE Section 1.1. Short Title. This Ordinance shall be known and cited as the "City of Morro Bay Cable Television Ordinance," and shall be referred to herein as "this Ordinance." SECTION 2 - DEFINITIONS For purposes of this Ordinance, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning. Section 2.1. Basic Cable Service - means any service tier which includes the retransmission of local broadcast signals. Section 2.2. Broadcast Signal - means a television or radio signal that is transmitted over the air to a wide geographic • audience and is received by a Cable Communications System off - the -air or by microwave. Section 2.3. Cable Communications System - means a facility consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community, but such term does not include (a) a facility that serves only to retransmit the television signals of one (1) or more television broadcast stations; (b) a facility that serves only subscribers in one (1) or more multiple unit dwellings under common ownership, control or management, unless such facility or facilities uses any public right -of -way; (c) a facility of a common carrier which is subject, in whole or in part, to the provisions of title II of the Cable Communications Policy Act of 1984, except that such facility shall be considered a cable system (other than for purposes of Section 621(c) of the Cable Communications Policy Act of 1984) to the extent such facility is used in the transmission of video programming directly to subscribers; or (d) any facilities of any electric utility used solely for operating its electric utility systems. Section 2.4. Channel - means a portion of the electromagnetic frequency spectrum which is used in the Cable - 2 - • Communications System and which is capable of delivering a television channel (as television channel is defined by the Commission by regulation). Section 2.5. Commence Construction - means that time and date when construction of the Cable Communications System is considered to have commenced, which shall be when the first strand or cable is connected to a utility pole, or the first undergrounding of cables is initiated, after preliminary engineering (strand mapping) and after all necessary permits and authorizations have been obtained. Section 2.6. Commence Operation - means that time and date when operation of the Cable Communications System is considered to have commenced which shall be when sufficient distribution facilities have been installed so as to permit the offering of full service to at least ten percent (10%) of the dwelling units located within the service area. Section 2.7. Council - means the governing body of the City of Morro Bay. Section 2.8. FCC - means the Federal Communications Commission and any legally appointed or elected successor. 3 Section 2.9. Franchise - means the nonexclusive rights granted pursuant to this Ordinance to construct and operate a Cable Communications System along the public way within all or a specified area in the City. Any such authorization, in whatever form granted, shall not mean and include any license or permit required for the privilege of transacting and carrying on a business within the City as required by other ordinances and laws of the City. Section 2.10. Franchise Agreement - means an agreement between Grantor and Grantee, approved by resolution of the Council, containing the specific provisions of the Franchise granted, including any referenced specifications, Franchise applications and other related material within such agreement. Section 2.11. Franchise Fee - means the fee paid by Grantee to Grantor in consideration of the use of the public streets and rights -of -way. Section 2.12. Franchise Territory - means that portion of the City defined in the Franchise Agreement for which a Franchise is granted. - 4 - t Section 2.13. Grantee - means any person receiving a Franchise pursuant to this Ordinance and the Franchise Agreement and its lawful successor, transferee or assignee. Section 2.14. Grantor or City - means the City of Morro Bay as represented by the City Council or any delegate acting within the scope of its jurisdiction. Section 2.15. Gross Annual Revenues - means any and all compensation and other consideration collected or received or in any manner gained or derived by Grantee from the operation of its cable system in the City. Gross revenues, however, shall not include: (i) services provided to the public at cost; and (ii) nonoperating revenues such as interest income or gain from sale of an asset. Additionally, the following items shall be deducted from the compensation or consideration received when computing gross revenues: (i) copyright fees, license fees or any other payments made by Grantee for programming distribution rights; (ii) uncollectible amounts; (iii) refunds or rebates made by Grantee; and (iv) sales, ad valorem, or other types of "add on" taxes, levies or fees calculated by gross receipts or gross revenues which Grantee might have to pay or collect for Federal, State or local government (exclusive of franchise fees provided for herein). - 5 - • • Section 2.16. Initial Service Area - means the area of the City which will receive service initially, as set forth in the Franchise Agreement. Section 2.17. Installation - means the connection of the Cable Communications System from feeder cable to subscribers' terminals and the provision of service. Section 2.18. Person - means an individual, partnership, association, organization, corporation or any lawful successor, transferee or assignee of said individual, partnership, association, organization or corporation. Section 2.19. Public Access Channel - means any channel where any member of the general public or any noncommercial organization may be a programmer, without charge, on a first -come, first - served, nondiscriminatory basis, in accordance with the terms of the Franchise Agreement. Section 2.20. Reasonable Notice - shall be written notice addressed to Grantee at its principal office or such other office as Grantee has designated to Grantor as the address to which notice should be transmitted to it, which notice shall be certified and postmarked not less than four (4) days prior to that day in which the party giving such notice shall commence any - 6 - • • action which required the giving of notice. In computing said four (4) days, Saturdays, Sundays and holidays, recognized by Grantor, shall be excluded. Section 2.21. School - means any educational institution including primary and secondary schools, colleges and universities, both public and private. Section 2.22. Section - means any section, subsection or provision of this Ordinance. Section 2.23. Service Area - means the entire geographic area within the Franchise Territory. Section 2.24. State - means the State of California. Section 2.25. Street - shall include each of the following which have been dedicated to the public or hereafter are dedicated to the public and located within the City limits: streets; roadways; highways; avenues; lanes; alleys; sidewalks; easements; rights -of -way and similar public property and areas. Section 2.26. Subscriber - means any person, firm, corporation, or other entity who or which elects to subscribe to, - 7 - • • for any purpose, a service provided by Grantee by means of or in connection with the Cable Communications System. SECTION 3 - GRANT OF FRANCHISE Section 3.1. Franchise Application (a) Franchise Applications. Applicants for a Franchise shall submit to Grantor written applications utilizing the standardized format provided by Grantor, at the time and place designated by Grantor for accepting applications, and including the designated application fee. This subsection shall not apply to Grantee seeking a Franchise renewal. (b) Franchise Processing Costs. For a new Franchise award, costs to be borne by be limited to, all costs of public meeting provided for and publication of relevant Grantee shall include, but shall not publications of notices prior to any pursuant to a Franchise, development ordinances and Franchise Agreements, fees, and any cost not covered by the application fees, incurred by Grantor in its study, preparation of proposal solicitation documents, evaluation of all applications, including, but not limited to consultant and attorney fees and Grantor staff time. - 8 - • • For a Franchise renewal, costs to be borne by Grantee shall be limited to all costs of publication of notices of related public meetings and publication of relevant ordinances and Franchise Agreements. Section 3.2. Grant. In the event that Grantor shall grant to Grantee a Franchise pursuant to this Ordinance to construct, operate, maintain and reconstruct a Cable Communications System within the Franchise Territory, the Franchise shall constitute both a right and an obligation to provide the services of a Cable Communications System as required by the provisions of this Ordinance and the Franchise Agreement. Section 3.3. Franchise Territory. Grantor may grant a Franchise for all or any defined portion of the City. The Service Area shall be the entire territory defined in the Franchise Agreement. The Initial Service Area is that portion of the Franchise Territory scheduled to receive initial service, as may be stated in the Franchise Agreement. Section 3.4. Use of Public Streets and Ways. For the purpose of operating and maintaining a Cable Communications System in the Franchise Territory, and subject to the provisions of Section 6.10, Grantee may erect, install, construct, repair, replace, reconstruct, and retain in, on, over, under, upon, - 9 - • • across, and along the public streets and ways within the Franchise Territory such wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments, and other property and equipment as are necessary and appurtenant to the operation of the Cable Communications System. Prior to the construction or alteration, however, Grantee shall in each case file plans with the appropriate Grantor agencies and local utility companies, and comply with Section 6.10. Section 3.5. Duration. (a) The term of a Franchise and all rights, privileges, obligations and restrictions pertaining thereto shall be fifteen (15) years, commencing on the effective date of the franchise unless terminated sooner as hereinafter provided. The effective date of the Franchise shall be the date of adoption of the resolution approving a Franchise Agreement by Grantor. Said resolution shall not be adopted until Grantee has signed the Franchise Agreement. (b) The franchise shall terminate without further action by Grantor at the end of the term; provided however, that Grantor, at or before the end of the term, retains the exclusive power to grant an extension, or a renewal of the Franchise to - 10 - • • Grantee. Any decision as to renewal shall be made in accordance with Section 3.8. Section 3.6. Franchise Nonexclusive. A Franchise granted pursuant to this Ordinance is nonexclusive. Grantor specifically reserves the right to grant, at any time, such additional Franchises for the City as it deems appropriate. Section 3.7. Transfer of Ownership or Control. (a) Transfer of Franchise. A Franchise granted hereunder shall be a privilege to be held in personal trust by Grantee. It cannot be sold, transferred, leased, assigned or disposed of in whole or in part, either by forced or involuntary sale or by voluntary sale, merger, consolidation or otherwise, other than to an entity controlling, controlled by or under common control with Grantee, without the prior written consent of Grantor. Such consent by Grantor shall not be unreasonably withheld provided, however, the proposed transferee must agree in writing to comply with all provisions of this Ordinance and establish to the satisfaction of Grantor its financial and technical capability. No such consent shall be required for transfer in trust, mortgage or other hypothecation in whole or in part to secure an indebtedness of Grantee. • • (b) Ownership or Control. In the event that Grantee is a corporation, prior approval of Grantor shall be required in the event of a transfer of 40% of the voting stock within a one year period to one person or entity. Any such transfer, occurring without prior approval of Grantor, shall constitute a failure to comply with this Ordinance. Section 3.8. Franchise Renewal. The renewal procedure specified in the Cable Communications Policy Act of 1984 § 626, 47 U.S.C. § 546 (1985) shall be commenced during the six -month period which begins three years prior to the expiration of the franchise. Section 3.9. Franchise Fee. (a) Annual Franchise Fee Payment. A Grantee of a Franchise hereunder shall pay to Grantor an annual Franchise Fee in an amount as designated in the Franchise Agreement, but in no event shall the fee be more than authorized by applicable federal or state law and such payment by Grantee to Grantor shall be in lieu of any occupation tax, license tax or similar levy. The Franchise Fee shall be stated as a percentage amount of the Gross Annual Revenues. The time of computation of the Franchise Fee shall commence as of the effective date of the Franchise. Grantor shall be furnished annually with a statement by a - 12 - • • certified public accountant reflecting the total amounts of Gross Annual Revenues, and all amounts and deductions excluded from the Gross Annual Revenues as described in Section 2.15. (b) Acceptance by Grantor. No acceptance of any payment by Grantor of the Franchise Fee shall be construed as a release or as an accord and satisfaction of any claim Grantor may have for further or additional sums payable as the Franchise Fee under this Ordinance or for the performance of any other obligation of Grantee. (c) Quarterly Payments. Payment due Grantor under this provision shall be computed quarterly, for the preceding quarter, as of March 31, June 30, September 30 and December 31. Each quarterly payment shall be due and payable by certified mail no later than forty -five (45) days after the dates listed in the previous sentence. Each payment shall be accompanied by a brief report showing the basis for the computation. (d) Failure to Make Required Payment. In the event that any Franchise Fee payment is not made on or before the due dates specified herein, Grantee shall pay as a late charge an additional 15% of the franchise fees and additionally shall pay an interest charge, computed from such due date, at the annual rate equal to the listed Wall Street Journal commercial prime - 13 - • • interest rate in effect upon the due date so long as such interest rate does not violate usury laws. Section 3.10. Termination. (a) Causes for Termination. The Franchise may be terminated at any time by the Council in the event the Council finds, after notice and hearing, that: (1) Grantee fails to comply with any material provision of this Ordinance; however, termination proceedings shall only be commenced through a public hearing process affording due process (as defined in subsection (b) below), if, after thirty (30) days from written notification from Grantor stating the specific grounds upon which Grantor relies, Grantee fails to correct the stated violation. In the event the stated violation is not reasonably curable within thirty (30) days, the Franchise shall not be terminated or revoked if Grantee provides, within the thirty (30) days, a plan, satisfactory to the City Administrator, to remedy the violation and continues to demonstrate good faith in seeking to correct the violation. It shall not be a failure to comply with a material provision of this Franchise for Grantee to comply with any law, rules and regulations of the federal or state government or any - 14 - • • federal or state regulatory commission or agency having jurisdiction over Grantee's operations. The Council's finding of materiality is subject to a de novo review by a court of competent jurisdiction. (2) Grantee's construction schedule is delayed longer than the schedule contained in the Franchise Agreement and after giving Grantee the same due process hearing as provided for in subsection (b) below, Grantor finds that the delay is not excusable. (b) Procedure Prior to Termination. (1) In the event Grantor determines that Grantee has failed to cure any material breach as provided for in subsection (a) above, Grantor shall place its request for termination of the Franchise upon a regular Grantor meeting agenda for a public hearing. Grantor shall cause notice to be served upon Grantee, at least ten (10) days prior to the date of such meeting, a written notice of this intent to request such termination, and the time and place of the meeting, notice of which shall be published at least once, ten (10) days before such meeting in a newspaper of general circulation within the Franchise Territory. - 15 - • • (2) At the public hearing noticed pursuant to subsection (b)(1) above, Grantor shall hear any persons interested therein, and shall determine, in its discretion, whether or not any failure, refusal or neglect by Grantee was with just cause. (3) If such failure, refusal or neglect by Grantee was with just cause, Grantor subject to any applicable federal or state law, shall direct Grantee to comply with any such requirement, limitation, term, condition, rule or regulation or correct any action deemed cause for termination within such time and manner and upon such terms and conditions as are reasonable. (4) If Grantor shall determine such failure, refusal or neglect by Grantee was without just cause, then Grantor may, subject to any applicable federal or state law by resolution, declare that the Franchise of such Grantee shall be terminated and bonds forfeited unless there be compliance by Grantee within such period as Grantor may fix. Section 3.11. Franchise Required. No Cable Communications System shall be allowed to occupy or use the streets in the Franchise Territory or be allowed to operate without a Franchise then valid in accordance with the provisions to this Ordinance. - 16 - • • Section 3.12. Establishment of Franchise Requirements. Grantor may from time to time, by resolution, establish or modify appropriate Cable Communications System and service requirements for future Franchises. SECTION 4 - REGULATION OF FRANCHISE Section 4.1. Regulatory Authority. Grantor shall exercise appropriate regulatory authority under the provisions of this Ordinance and applicable law. Section 4.2. System and Service Review. (a) Grantor and Grantee shall hold a Cable Communications System and services review session on or about the fifth anniversary date of the Franchise Agreement. Subsequent Cable Communications System review sessions shall be scheduled by Grantor every five (5) years thereafter. (b) The purpose of these review sessions shall be to evaluate the performance of Grantee within the provisions of this ordinance. - 17 - • • (c) Grantor shall be entitled to measure the performance of Grantee not only against the literal compliance with the written requirements of this franchise, but also against the reasonableness of the methods employed by the Grantee to meet and exceed such requirements, and the implementation of new programs and services which are not required hereunder but which would be desirable in fostering the greatest public and private benefit. (d) Topics for discussion and review at the Cable Communications System and services review sessions may include, but not be limited to, services provided, application of new technologies, Cable Communications System performance, programming, subscriber complaints, user complaints, rights of privacy, amendments to the Franchise, undergroiinding processes, developments in the law and regulatory changes. Either Grantor or Grantee may select additional topics for discussion at any review session. (e) Not later than sixty (60) days after the conclusion of each Cable Communications System and Services Review Session, Grantor shall issue findings including specifically a listing of any cable service not then being provided to the subscribers that are considered technically and economically feasible. Grantor and Grantee shall then enter - 18 - • • negotiations regarding the provision of such services. Negotiations shall be initiated upon written notice given by the City or Grantee to the other and shall be concluded within six (6) months from each five (5) year anniversary date. (f) At each review session, in reviewing the performance of Grantee and in determining whether or not to terminate the franchise pursuant to Section 3.10, Grantor shall be entitled to compare what Grantee has done not only with the requirements of the franchise but also with what has been done in other comparable jurisdictions and what might have been accomplished during the term of the franchise. In this regard, it is the intent of Grantor and Grantee that the CATV System shall at the end of this franchise, be in the same technological position relative to other CATV franchises of similar size, as the Morro Bay system currently is. - 19 - • • Section 4.3. Annual Review of Performance. (a) Grantee shall conduct performance tests in accordance with the requirements of Section 76.601, or any successor section, of the Federal Communication Commission's Rules, Regulations or Guidelines, as those requirements may apply or be amended from time to time. (b) Within thirty (30) days after completion of its annual performance tests, as required by federal law, Grantee shall furnish the City a complete copy of performance test results. SECTION 5 - GENERAL FINANCIAL AND INSURANCE PROVISIONS Section 5.1. Construction Bond. (a) Prior to the commencement of any construction work by Grantee, Grantee shall file with Grantor a construction bond in the amount specified in the Franchise Agreement in favor of Grantor and any other person who may claim damages as a result of the breach of any duty by Grantee assured by such bond. - 20 - • • (b) Such bond as contemplated herein shall be in the form approved by Grantor. (c) In no event shall the amount of said bond be construed to limit the liability of Grantee for damages. (d) Grantor, at its sole option, may waive this requirement and permit consolidation of the construction bond with the performance bond provided for in Section 5.2. (e) Notwithstanding the provisions of subsections (a), (b) and (c) above, no construction bond will be required of Grantee for rebuilding or extension of an existing Cable Communications System unless such rebuilding or extension is projected to cost in excess of $100,000.00, in which event a construction bond in an amount to be agreed upon by the parties will be required. Section 5.2. Performance Bond. (a) In addition to any construction bond set forth above, Grantee shall, at least thirty (30) days prior to the commencement of operation of the Cable Communications System, file with Grantor a performance bond in the amount specified in the Franchise Agreement in favor of Grantor and any other person - 21 - • who may be entitled to damages as a result of any occurrence in the operation or termination of the Cable Communications System operated under the Franchise Agreement, and including the payment required to be made to Grantor hereunder. (b) Such bond as contemplated herein shall be in the form approved by Grantor. (c) In no event shall the amount of said bond be construed to limit the liability of Grantee for damages. Section 5.3. Indemnification. (a) Grantee shall, by acceptance of the Franchise granted herein, indemnify, defend and hold harmless Grantor, its officers, boards, communications, agents, and employees from any and all claims, suits, judgments for damages in any way arising out of or through or alleged to arise out of or through the acts or omissions of Grantee, its servants, employees or agents. Such indemnification shall cover such claims arising in tort, contract, violation of statutes, ordinances or regulations or otherwise. In the event any such claims shall arise, Grantor shall tender the defense thereof to Grantee provided, however, - 22 - • • that Grantor in its sole discretion may participate in the defense of such claims at its expense. (b) Grantor shall, by acceptance of the Franchise granted herein, indemnify, defend and hold harmless Grantee, its officers, boards, communications, agents, and employees from any and all claims, suits, judgments for damages in any way arising out of or through or alleged to arise out of or through the acts or omissions of Grantor, its servants, employees or agents. Such indemnification shall cover such claims arising in tort, contract, violation of statutes, ordinances or regulations or otherwise. In the event any such claims shall arise, Grantee shall tender the defense thereof to Grantor provided, however, that Grantee in its sole discretion may participate in the defense of such claims at its expense. Section 5.4. Insurance. (a) Grantee shall maintain throughout the term of the Franchise insurance in amounts at least as follows: (1) Worker's Compensation Insurance. In such coverage as may be required by Worker's Compensation Insurance and safety laws of the State of California and amendments thereto. - 23 - • • (2) Comprehensive General Liability. Comprehensive general liability insurance, including but not limited to, coverage for bodily injury and property damage shall be maintained at the sum(s) specified in the Franchise Agreement. (3) Comprehensive Automobile Liability. Comprehensive automobile liability including, but not limited to, non - ownership and hired car coverage as well as owned vehicles with coverage for bodily injury and property damage shall be maintained at the sum(s) specified in the Franchise Agreement. (b) Grantee shall furnish Grantor with copies of such insurance policies or certificates of insurance. (c) Such insurance policies provided for herein shall name Grantor, its officer, boards, commissions, agents, and employees as additional insureds without offset to Grantor's policies as respects to all operations of the named insured and shall contain the following endorsement: It is hereby understood and agreed that this insurance policy may not be cancelled by the surety or the intention not to renew be - 24 - • • stated by the surety until thirty (30) days after receipt by Grantor by registered mail of written notice of such intention to cancel or not renew. (d) The minimum amounts set forth in the Franchise Agreement for such insurance shall not be construed to limit the liability of Grantee to Grantor under the Franchise issued hereunder to the amounts of such insurance. SECTION 6 - DESIGN AND CONSTRUCTION PROVISIONS Section 6.1. System Design. The Cable Communications System shall be constructed in accordance with any design requirements contained in the Franchise Agreement. Section 6.2. Geographical Coverage. Grantee shall design and construct the Cable Communications System in such a manner as to have the eventual capability to pass by every single - family dwelling unit, multiple - family dwelling unit, school and public agency within the Franchise Territory. Service shall be provided to subscribers in accordance with the schedules and line extension policies specified in the Franchise Agreement. Cable - 25 - • • Communications System construction and provision of service shall be non - discriminatory, and shall not delay or defer service to any section of the Franchise Territory on the grounds of economic preference. Section 6.3. System Construction Schedule. (a) Grantee shall comply with the requirements of the Cable Communications System construction schedule contained in the Franchise Agreement. (b) Construction of the Cable Communications System and service need not be provided where power and telephone utilities are not available. (c) As required in the Franchise Agreement, Grantee shall provide a detailed construction plan indicating progress schedule, area construction maps, test plan, and projected dates for offering service. In addition, Grantee shall update this information for Grantor on a monthly basis, showing specifically whether schedules are being met and the reasons for any delay. (d) Failure to begin construction within one (1) year after award of the Franchise shall be grounds for Franchise termination, at the option of Grantor. - 26 - • • Section 6.4. Remedies for Delay in Construction. Grantor may, in accordance with the procedures set forth in Section 3.10, at its sole option apply any or all of the following remedies in connection with delays in Cable Communications System construction: (a) Reduction in the duration of the Franchise on a month -to -month basis for each month of delay exceeding six (6) months. (b) Forfeiture of construction bonds or assessment of monetary damages up to the maximum limit, if any, specified in the Franchise Agreement for delays exceeding one (1) year. (c) Termination of the Franchise for delays exceeding eighteen (18) months, without just cause. Section 6.5. Undergrounding of Cable. The undergrounding of cable is encouraged. Cables shall be installed underground at Grantee's cost where existing utilities are already underground. Previously installed aerial cable shall be placed underground or relocated in concert, and on a cost - sharing basis, with other utilities, when such utilities may convert from aerial to underground construction. - 27 - • • Section 6.6. New Development Undergroundingq. In cases of new construction or property development where utilities are to be placed underground, upon request by Grantee, the developer or property owner shall give Grantee reasonable notice of the particular date on which open trenching will be available for Grantee's installation of conduit, pedestals or vaults at the developer's expense and laterals to be provided at Grantee's expense. Grantee shall also provide specifications as needed for trenching. Costs of trenching and easements required to bring service to the development shall be borne by the developer or property owner; except that if Grantee fails to install its conduit, pedestals or vaults, and laterals within five (5) working days of the date the trenches are available, as designated in the notice given by the developer or property owner, then should the trenches be closed after a five (5) day period, the cost of new trenching is to be borne by Grantee. Section 6.7. Undergrounding at Multiple - Dwelling Units. In cases of multiple - dwelling units serviced by aerial utilities, Grantee shall make every effort to minimize the number of individual aerial drop cables, giving preference to undergrounding of multiple drop cables between the pole and dwelling unit. - 28 - • Section 6.8. Street Occupancy. (a) Grantee shall utilize existing poles, conduits and other facilities whenever possible, and shall not construct or install any new, different, or additional poles, conduits, or other facilities whether on public property or on privately -owned property until the written approval of Grantor is obtained, which approval shall not be unreasonably withheld. (b) Grantee shall notify Grantor at least fifteen (15) days prior to the intention of Grantee to commence any construction in any streets except in emergency situations. Grantor shall cooperate with Grantee in granting any permits required, providing such grant and subsequent construction by Grantee shall not unduly interfere with the use of such streets and that proposed construction shall be done in accordance with the pertinent provisions of the ordinances of Grantor. (c) All transmission lines, equipment and structures of the Cable Communications System shall be so installed and located as to cause minimum interference with the rights and reasonable convenience of property owners and at all times, shall be kept and maintained in a safe, adequate and substantial condition, and in good order and repair, Grantee shall, at all times, employ ordinary care and shall install and maintain in use - 29 - • • commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public. Suitable barricades, flags, lights, flares or other devices shall be used at such times and places as are reasonably required for the safety of all members of the public. Any pole or other fixtures placed in any public way by Grantee shall be placed in such a manner as not to interfere with the usual travel on such public way. (d) Grantee shall, at its own expense, restore any damage or disturbance caused to the public way as a result of its operations or construction on its behalf. (e) Whenever, in case of fire or other disaster, it becomes necessary in the judgment of Grantor to remove any of Grantee's facilities, no charge shall be made by Grantee against Grantor for restoration and repair, unless such acts amount to gross negligence by Grantor. (f) Grantee shall have the authority to trim trees on public property at its own expense as may be necessary to protect its wires and facilities, subject to the supervision and prior direction of Grantor. - 30 - • (g) Grantee, at its expense, shall protect, support, temporarily disconnect, relocate, or remove any property of Grantee when, in the opinion of Grantor, the same is required by reason of traffic conditions, public safety, street vacation, freeway or street construction, change or establishment of street grade, installation of sewers, drains, waterpipes, power line, signal line transportation facilities, tracks, or any other types of structure or improvements by governmental agencies whether acting in a governmental or a proprietary capacity, or any other structure or public improvement, including, but not limited to, movement of buildings, redevelopment, or any general program under which Grantor shall undertake to cause any such properties to be located beneath the surface of the ground. Grantee shall in all cases have the privilege, subject to the corresponding obligations, to abandon any property of Grantee and Grantee shall be entitled to no surcharge by reason of anything hereunder. Should relocation be requested by a private property owner, the expense shall be borne by that owner. (h) Upon failure of Grantee to commence, pursue or complete any work required by law or by the provisions of this Ordinance to be done in any street, within the time prescribed and to the satisfaction of Grantor, Grantor may, at its option, after having given fifteen (15) days written notice to Grantee, cause such work to be done and Grantee shall pay to Grantor the - 31 - • • cost thereof in the itemized amounts reported by Grantor to Grantee within thirty (30) days after receipt of such itemized report. (i) Grantee shall make no paving cuts or curb cuts unless absolutely necessary, and only after written permission has been given by Grantor. (j) Grantor reserves the right to require conduit for underground cabling consistent with its normal permit procedure. Section 6.9. Removal or Abandonment of Grantee's Property. (a) In the event that: (1) The use of any part of the system of Grantee is discontinued for any reason for a continuous period of thirty days without prior written notice to and approval by Grantor; or (2) Any part of such system has been installed in any street or other area without complying with the requirements hereof; or - 32 - • • (3) Any franchise shall be terminated, cancelled, or shall expire; Then Grantee shall, after discussion with Grantor, and at the expense of Grantee and at no expense to Grantor, and upon demand of Grantor, promptly remove from any streets or other areas all property of Grantee, and Grantee shall promptly restore the street or other area from which such property has been removed to such condition as the City Administrator shall approve. (b) The Grantor may, upon written application thereof by Grantee, approve the abandonment of any of such property in place by Grantee and under such terms and conditions as Grantor may prescribe. Upon abandonment of any of such property in place, Grantee shall cause to be executed, acknowledged, and delivered to Grantor such instruments as Grantor shall prescribe and approve, transferring and conveying the ownership of such property to Grantor. - 33 - • • Section 6.10. Construction and Technical Standards. (a) Construction Standards. (1) Compliance With Safety Codes. All construction practices shall be in accordance with all applicable federal, state and local laws, rules and regulations. (2) Compliance With Electrical Codes. All installation of electronic equipment shall be of a permanent nature, durable and installed in accordance with all federal, state and local rules, laws and regulations. (3) Antennas and Towers. Antenna supporting structures (towers) shall be designed for the proper loading in accordance with all applicable federal, state and local laws, rules and regulations. (4) Compliance With Aviation Requirements. Antenna supporting structures (tower) shall be painted, lighted, erected and maintained in accordance with all applicable federal, state and local laws, rules and regulations. - 34 - • • (5) Construction Standards and Requirements. All of Grantee's plant and equipment, including, but not limited to, the antenna site, head -end and distribution Cable Communications System towers, house connections, structures, poles, wire, cable coaxial cable, fixtures and appurtenances shall be installed, located, erected, constructed, reconstructed, replaced, removed, repaired, maintained and operated in accordance with good engineering practices, performed by experienced maintenance and construction personnel so as not to endanger or interfere with improvements Grantor may deem proper to make, or to interfere in any manner with the rights of any property owner, or to unnecessarily hinder or obstruct pedestrian or vehicular traffic. (6) Safety, Nuisance, Requirements. Grantee shall at all times employ ordinary care and shall install and maintain in use commonly accepted methods and devices preventing failures and accidents which are likely to cause damage, injury or nuisance to the public. (b) Technical Standards. The Cable Communications System shall meet all technical and performance standards contained in the Franchise Agreement. - 35 - • • SECTION 7 - SERVICE PROVISIONS Section 7.1. Services to be Provided (a) Grantee will provide carriage of all FCC required services, distant television broadcast signals and satellite - delivered programming as deemed appropriate by Grantee. (b) Grantee shall activate and maintain three (3) basic additional channels during each five (5) year period throughout the term of the franchise beginning on the date of the Franchise Agreement. In the event more than three (3) basic channels are activated and maintained in any five (5) year period, the additional basic channels activated and maintained may be credited at Grantee's election to a subsequent five (5) year period. Failure to activate and maintain channels in accordance with this Section shall constitute a material breach of the franchise unless reasonable cause can be established. Section 7.2. Public Access. (a) Grantee shall furnish one public access channel for public, educational or governmental use upon reasonable request to Grantee. Studio and video tape facilities shall be made available within twenty (20) miles of Grantor's corporate - 36 - • • boundaries. Grantee may utilize the channel furnished pursuant to this section when such channel is not being used for governmental, educational or public use. Governmental, educational and public access programming will be given scheduling priority over Grantee's planned use of the channel furnished pursuant to this section. (b) Grantee shall permit public, educational, or governmental access users reasonable accessibility to studio and video tape facilities within the County. (c) Grantee shall establish and file with Grantor reasonable rules and regulations concerning the use of the channel furnished pursuant to this section and any local studio and videotape facilities relating thereto. Grantee further agrees to provide advice and technical expertise to aid in the utilization of the access channel. Section 7.3. Service to Public Facilities. Grantee shall provide basic service, including connection, without cost when the system passes within 150 feet of the lot line or boundary of the following facilities: (a) Public schools and community colleges within - 37 - • • Grantor's corporate boundaries; (b) Buildings owned and controlled by Grantor used for public purposes and not for residential use (fire and police stations included); and (c) Public libraries within Grantor's corporate boundaries. SECTION 8 - OPERATION AND MAINTENANCE Section 8.1. Inspection of Property and Records. Upon written request and during normal business hours, Grantee shall permit any duly authorized representative of Grantor to examine the Cable Communications System together with any appurtenant property of Grantee situated within or without Grantor's corporate boundaries, and to examine any and all maps and other records, kept or maintained by Grantee, or under its control, which deal with the operations of the Cable Communications System. Upon written request and during normal business hours, Grantor, its agents or officers shall have the right to inspect all of Grantee's books and records which, in Grantor's opinion, are reasonably necessary to verify the amounts due and paid to - 38 - • • Grantor under this Franchise. Such book and records shall be made available in the County of San Luis Obispo. Grantee shall, at all times, make and keep in the County full and complete plans and records showing the exact location of all its Cable Communications System equipment installed or in use in streets, alleys and public places in Grantor's corporate boundaries. Promptly upon acceptance of the Franchise, Grantee shall file with Grantor a current map or set of maps drawn to a scale approved by Grantor showing all Cable Communications System equipment heretofore installed in Grantor's corporate boundaries and now existing. Thereafter, Grantee shall file with Grantor on or before the last day of March of each year, a current map or set of maps drawn to a scale approved by Grantor showing all Cable Communications System equipment installed in streets, alleys and public places of Grantor's corporate boundaries during the previous year. Section 8.2. Complaint Records. Grantee shall maintain a record, or "log," listing date of customer complaints, identifying the nature of the complaint, and when and what action was taken by Grantee in response thereto; such record shall be kept at Grantee's office within the County for a period of five (5) years from the date of complaint, and shall be available for - 39 - • A inspection during regular business hours without further notice or demand by Grantor. Section 8.3. Local Office and Complaints. (a) Grantee shall maintain an office in Grantor's corporate boundaries which shall be open at least 20 hours per week and Grantee shall provide a local telephone directory listing and "toll- free" telephone service maintained on a seven -day, twenty- four -hour basis for the receipt of consumer complaints and requests for repairs or adjustments. (b) Upon complaint by a subscriber as to signal quality which is not resolved within seven (7) working days, Grantee shall make a demonstration satisfactory to Grantor that a signal is being delivered which is of sufficient strength and quality to meet the standards set forth in the regulations of the Federal Communications Commission. (c) If a subscriber files, in writing, a complaint for a service problem for which the subscriber would be entitled to a credit under Section 8.6 below and which exceeds a period of twenty -four hours and Grantee fails to remedy the problem within a reasonable period following its receipt of written notice given by Grantor, then the Council may, after notice and hearing, level - 40 - • • a penalty of up to one hundred dollars ($100.00) for any occurrence or series of related occurrences, unless Grantee has fewer than five thousand (5000) subscribers, in which case the penalty shall not exceed fifty dollars ($50.00). If Grantee files a written objection to the penalty with the Council, then Grantee and Grantor shall conduct arbitration in accordance with the commercial rules of arbitration of the American Arbitration Association. Any decision by the arbitrators shall be a final judgment which may be executed upon or enforced in accordance with applicable law in any court having jurisdiction thereof. The fees for the arbitrator shall be shared equally by Grantor and Grantee, but the costs of arbitration (which shall be the same costs which would be taxable had the dispute been brought in the Superior Court of San Luis Obispo County) and reasonable attorneys' fees shall be prorated among Grantor and Grantee in proportion to any award made by the arbitrator. Section 8.4. Rights of Individuals. (a) Grantee shall not deny service, deny access, or otherwise discriminate against subscribers, channel users, or general citizens on the basis or race, color, religion, national origin, age, sex, or physical handicap. Grantee shall comply at - 41 - • • all times with all other applicable federal, state and local laws and regulations, and all executive and administrative orders relating to non - discrimination which are hereby incorporated and made part of this Ordinance by reference. (b) Grantee shall adhere to the equal employment opportunity requirements of federal, state and local regulations, and as amended from time to time. (c) Grantee shall comply with all federal and state laws regarding subscribers' rights to privacy and fairness of accessibility to cable television facilities. Section 8.5. Continuity of Service Mandatory. (a) It shall be the right of all subscribers to continue receiving service insofar as their financial and other obligations to Grantee are honored. (b) In addition to other service regulations adopted by Grantee, and excepting circumstances beyond grantee's control including but not limited to acts of God, riots, civil disturbances, power failures and equipment failures and in providing the foregoing services, Grantee shall: - 42 - • • (1) Limit system failures to minimum time duration by locating and correcting malfunctioning promptly, but in no event longer than twenty -four (24) hours after occurrence, irrespective of holidays or other nonbusiness hours; and (2) Render efficient service, making repairs promptly and interrupting service only for good cause and for the shortest time possible. Planned interruptions, insofar as possible, shall be preceded by notice given to subscribers twenty -four (24) hours in advance and shall occur during periods of minimum use of the system. (c) In the event of a change of Grantee, or in the event a new operator acquires the Cable Communications System, Grantee shall cooperate with Grantor, new Grantee or operator in maintaining continuity of service to all subscribers. During such period, Grantee shall be entitled to the revenues for any period during which it operates the Cable Communications System, and shall be entitled to reasonable costs for its services when it no longer operates the Cable Communications System. Section 8.6. Credit for Service Interruption. Grantee shall, upon notice from a subscriber of any service interruption which exceeds a period of three hours and is not beyond the - 43 - • • control of Grantee or caused by acts of God, strikes, insurrection, acts of war, power failures or equipment failures, credit the account of the subscriber for such interruption. The amount of such subscriber credit shall be calculated based upon a formula which reflects the percentage of viewing hours and channels out of the total number of viewing hours and channels available on a monthly basis of which the subscriber was deprived. Section 8.7. Grantee Rules and Regulations. Grantee shall have the authority to promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable Grantee to exercise its rights and perform its obligations under the Franchise, and to assure an uninterrupted service to each and all of its customers, provided, however, that such rules, regulations, terms and conditions shall not be in conflict with the provisions hereof or applicable state and federal laws, rules and regulations. Section 8.8. Tenant Rights. Grantee shall be required to provide tenants in individual units of any multiple- housing facility with all services offered to other dwelling units within the Franchise Territory, so long as the owner of the facility consents in writing, if requested by Grantee, to the following: - 44 - • (a) To Grantee's providing of the service to units of the facility. (b) To reasonable conditions and times for installation, maintenance, and inspection of the Cable Communications System on the facility premises. (c) To reasonable conditions promulgated by Grantee to protect Grantee's equipment and to encourage widespread use of the Cable Communications System. (d) To not discriminate in rental charges, or otherwise, between tenants who receive cable service and those who do not. Section 8.9 Subscriber Survey. Grantee shall, at its expense, conduct a survey of its subscribers for the purpose of determining subscriber satisfaction with the Cable Communications System and services provided thereby, in the second, fourth, sixth, ninth, eleventh and fourteenth years of the franchise. The survey shall be designed cooperatively by Grantor and Grantee. - 45 - • do • SECTION 9 - RIGHTS RESERVED TO THE GRANTOR Section 9.1 Right to Purchase System Upon the revocation of the Franchise in accordance with Section 3.10, or upon the expiration of the terms thereof subject to the renewal provisions of Section 3.8, and upon payment by Grantor to Grantee of the fair market value of Grantee's Cable Communications System, Grantor may purchase, acquire, take over, or hold the system. For purposes of this section, "fair market value" shall be determined by valuing Grantee's system as a going concern. No value shall be assigned to the Franchise hereunder. Immediately upon a determination of revocation or expiration of the Franchise, Grantor and Grantee shall attempt to mutually agree upon the fair market value of the system. However, if within a reasonable period of time they cannot agree upon the fair market valuation then the valuation shall be determined by a three - member board of appraisers, one selected by Grantor, one selected by Grantee, and one selected by the appraisers themselves. The cost of the appraisal shall be borne equally by Grantor and Grantee. Section 9.2. Eminent Domain. Subject to applicable federal or state law, nothing in this chapter shall in any way or to any extent impair or affect the rights of Grantor to acquire Grantee's property either by purchase or through exercise of the - 46 - • • right of eminent domain, and nothing herein shall be construed to contract away, or to modify, or abridge Grantor's right of eminent domain with respect to any Grantee. Nor shall any Franchise ever be given any value before any Court of public authority in any proceeding of any character, except for purposes of taxation. Section 9.3. Right of Inspection of Construction. Grantor shall have the right to inspect all construction or installation work performed subject to the provisions of the Franchise and to make such tests as it shall find necessary to ensure compliance with the terms of the Franchise and other pertinent provisions of law. SECTION 10 - RIGHTS RESERVED TO THE GRANTEE Section 10.1. Right of Grantee. Should Grantee become dissatisfied with any material decision or ruling of Grantor pertaining to cable communications matters, Grantee may pursue such other remedies as are available, including the bringing of action in any court of competent jurisdiction for breach of contract and damages. - 47 - • SECTION 11 - FORCE MAJEURE Section 11.1. Grantee's Inability to Perform. In the event Grantee's Performance of any of the terms, conditions, obligations, or requirements of the Franchise is prevented or impaired due to any cause beyond its reasonable control or not reasonably foreseeable, such inability to perform shall be deemed to be excused and no penalties or sanctions shall be imposed as a result thereof, provided Grantee has notified Grantor in writing within thirty (30) days of its discovery of the occurrence of such an event. Such causes beyond Grantee's reasonable control or not reasonably foreseeable shall include, but shall not be limited to: Acts of God and civil emergencies. SECTION 12 - REPORTS Section 12.1. False Statements. Any materially false or misleading statement or representation made knowingly by Grantor or Grantee shall be deemed a material breach of the contractual relationship between Grantor and Grantee and shall subject the breaching party to all remedies, legal or equitable, which are available to Grantor or Grantee under the Franchise or otherwise. - 48 - SECTION 13 - MISCELLANEOUS PROVISIONS Section 13.1. Compliance with State and Federal Laws. Notwithstanding any other provisions of this Ordinance to the contrary, Grantee shall at all times comply with all laws and regulations of the state and federal government or any administrative agencies thereof, provided, however, if any such state or federal law or regulation shall require Grantee to perform any service, or shall permit Grantee to perform any service, or shall prohibit Grantee from performing any service, in conflict with the terms of this Ordinance or of any law or regulation of Grantor, then as soon as possible following knowledge thereof, Grantee shall notify Grantor of the point of conflict believed to exist between such regulation or law and the laws or regulations of Grantor of this Ordinance. Section 13.2. Separability of Material Provisions. If any provision of this Ordinance or any related agreements is held by any court or by any federal, state, or local agency of competent jurisdiction, to be invalid as conflicting with any federal, state, or local law, rule or regulation now or hereafter in effect, or is held by such court or agency to be modified in any way in order to conform to the requirements of any such law, rule or regulation, and if said provision is considered material, said provision shall be considered a separate, distinct and - 49 - .nn • • SECTION 13 - MISCELLANEOUS PROVISIONS Section 13.1. Compliance with State and Federal Laws. Notwithstanding any other provisions of this Franchise to the contrary, Grantee shall at all times comply with all laws and regulations of the state and federal government or any administrative agencies thereof, provided, however, if any such state or federal law or regulation shall require Grantee to perform any service, or shall permit Grantee to perform any service, or shall prohibit Grantee from performing any service, in conflict with the terms of this Franchise or of any law or regulation of Grantor, then as soon as possible following knowledge thereof, Grantee shall notify Grantor of the point of conflict believed to exist between such regulation or law and the laws or regulations of Grantor of this Franchise. Section 13.2. Separability of Material Provisions. If any provision of this Ordinance or any related agreements is held by any court or by any federal, state, or local agency of competent jurisdiction, to be invalid as conflicting with any federal, state, or local law, rule or regulation now or hereafter in effect, or is held by such court or agency to be modified in any way in order to conform to the requirements of any such law, rule or regulation, and if said provision is considered material, said provision shall be considered a separate, distinct and - 49 - A 1 independent part of this Ordinance, and such holding shall not affect the validity and enforceability of all other provisions hereof. In the event that such law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed, so that the provision hereof or thereof which had been held invalid or modified is no longer in conflict with the law, rules and regulations then in effect, said provision shall thereupon return to full force and effect and shall thereafter be binding on the parties hereto, provided that Grantor shall give Grantee thirty (30) days written notice of such change before requiring compliance with said provision. Section 13.3. Separability of Non - material Provisions. If any non - material section of this Ordinance, is held to be invalid or pre - empted by federal, state or county regulations or laws, Grantor shall negotiate with Grantee appropriate modifications to the Franchise to provide reasonable relief from such invalidity or pre - emption. If the parties are unable to reach agreement on such modifications, then the dispute shall be submitted to a mutually agreeable arbitrator, in accordance with state law, who shall determine what modifications are appropriate. The arbitrator's decision shall be binding on the parties, provided, that no decision of the arbitrator shall require Grantor or Grantee to be in violation of any federal or state law or - 50 - • regulation. Each party shall bear its respective costs for such arbitration. Section 13.4. Public Notice. Minimum public notice of any public meeting relating to the Franchise shall be by publication at least once in a newspaper of general circulation in the area at least ten (10) days prior to the meeting and posting at the offices of Grantor. Section 13.5. Theft of Services and Tampering. (a) No person, whether or not a subscriber to the Cable Communications System may intentionally or knowingly damage or cause to be damaged any wire, cable, conduit, equipment or apparatus of Grantee, or commit any act with intent to cause such damage, or to tap, tamper with or otherwise connect any wire or device to a wire, cable, conduit, equipment and apparatus, or appurtenances of Grantee with the intent to obtain a signal or impulse from the Cable Communications System without authorization and compensation to Grantee, or to obtain cable television or other communications services with intent to cheat or defraud Grantee of any lawful charge to which it is entitled. - 51 - Oa I • (b) Any person convicted of violating any provision of Section 13.5 is subject to a fine of not more than that authorized under Federal law. Section 13.6. Audit of Financial Records. Upon written request and during normal business hours, Grantor, its agents or officers shall have the right to audit Grantee's books and records which, in Grantor's opinion, are reasonably necessary to verify the amounts due or paid to Grantor under this Franchise. Such audit shall take place at Grantor's expense within twenty four (24) months following the close of Grantee's fiscal years. Section 13.7. Captions. The captions to sections throughout this Ordinance are intended solely to facilitate reading and reference. Such captions shall not affect the meaning or interpretation of this Ordinance. Section 13.8. Notice. All notices, requests, demands and other communications called for or contemplated hereunder shall be in writing and shall be deemed to have been duly given when delivered or if mailed four (4) days after the date of mailing by Unitied States certified or registered mail, prepaid, addressed to the parties, their permitted successors in interest or assignees at the following addresses provided in the Franchise - 52 - Agreement or at such other addresses as the parties may designate by written notice in the manner aforesaid. - 53 - to • ORDINANCE NO. 276 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AMENDING MORRO BAY MUNICIPAL CODE CHAPTER 2.24 TO ESTABLISH A RECREATION AND PARKS CHAPTER INCLUDING PERMIT REQUIREMENTS, PUBLIC EQUIPMENT USE, HOURS OF USE, PENALTIES FOR VIOLATIONS AND PROHIBITING HARASSMENT OF OTHERS OR DAMAGE TO PARKS /FACILITIES T H E C I T Y C O U N C I L City of Morro Bay, California The City Council of the City of Morro Bay does ordain that Ordinance 239 and Chapter 2.24 of the Morro Bay Municipal Code be amended to read as described in Exhibit "A" attached hereto. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting of the City Council held thereof on the air' day of cywurtn.y , 1986 by the following roll call vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None ATTEST: aded a ARDITH DAVIS, DEPUTY CITY CLERK BUD ZEU'. ER, MAYOR Sections: 2.24.010 2.24.020 2.24.030 2.24.040 2.24.050 2.24.060 2.24.070 2.24.080 2.24.090 2.24.100 2.24.110 2.24.120 2.24.130 2.24.140 2.24.150 2.24.160 2.24.170 2.24.180 2.24.190 2.24.200 2.24.210 • Chapter 2.24 RECREATION AND PARKS* • Commission Established Qualifications of Commissioners Ex- officio Commissioners Terms of Office and Vacancies For Commission Appointments To The Commission Organization Of The Commission Commission Procedures Commission Quorum Absence from Commission Meetings Minutes of Commission Meetings Commission Duties and Responsibilities Recreation and Parks Department Established Recreation and Parks Director Use of Parks /Facilities Uses of Parks /Facilities Requiring Permits Use of Personal Property; Recreational Equipment Enforcement Damage of Parks /Facilities Harassment of Others Prohibited Hours of Use Established Violations and Penalties 2.24.010 Commission Established. There is created a recreation and parks commission composed of five members. (Ord. 261 (part), 1984). 2.24.020 Qualifications of Commissioners. The regular members of the commission shall be qualified electors of the city and shall serve without compensation. The members of the commission shall include five members of the public who shall hold no other public office in the city. (Ord. 261 (part), 1984). 2.24.030 Ex- officio Commissioners. There shall be two ex- officio members on the commission consisting of one member of a youth serving organization in the Morro Bay area and one member of a community service organization. Ex- officio members shall be appointed by the mayor. (Ord. 261 (part), 1984). 2.24.040 Terms of Office and Vacancies of Commission. Regular members of the commission shall serve for a period of four years beginning on July 1, 1966. The term of ex- officio members shall terminate on December 31 of each year. The terms of two members shall expire on December 31, 1988 and every four years thereafter; and the terms of the three other members shall expire on December 31, 1986 and every four years thereafter. Vacancies in the commission occurring otherwise than by expiration of term shall be filled in the manner hereinafter set forth for appointments. All members shall serve at the pleasure of the City Council. (Ord. 261 (part), 1984). For statutory provisions regarding parks and playgrounds, see Gov. Code §38000 et seq.; for provisions regarding municipal control of certain parks, see Public Recources Code @5181 et seq. Prior ordinance history: 'Ords. 54, 239, 261; prior code 8M2621- -2625, 2626.1 -- 2626.5, 2627.1 -- 2627.12, 2628, 2629. 2.24.050 Appointments To Commission. Appointments for the commission (other than ex- officio) and the filling of vacancies shall be made by the City Council. Vacancies shall be filled for the unexpired term only. (Ord. 261 (part), 1984). 2.24.060 Organization of Commission. At its first regular meeting following January 1st of each year, the members of the commission shall elect a chairman and a vice chairman, who shall hold office for one year. The chairman shall preside over meetings, appoint appropriate committees, sign resolutions, direct the affairs, and establish the meeting agenda of the commission. In the absence of the chairman, the duties of this office shall be performed by the vice chairman. (Ord. 261 (part), 1984). 2.24.080 Commission Quorum. A majority of members shall constitute a quorum. (Ord. 261 (part), 1984). 2.24.090 Absence from Commission Meetings. Absence of a member from three consecutive meetings, without formal consent of the commission noted in its official minutes, constitutes the voluntary resignation of such absent member and the position shall be declared vacant. (Ord. 261 (part), 1984) 2.24.100 Minutes of Commission Meetings. The Director of the Recreation and Parks Department shall serve as or appoint a secretary to maintain accurate minutes of the activities and official actions of the commission. (Ord. 261 (part), 1984) 2.24.110 Commission Duties and Responsibilities. The duties and responsibilities of the recreation and parks commission shall be to: A. Act in an advisory capacity to the City Council in all matters pertaining to parks and public recreation and to cooperate with other governmental agencies and civic groups in the advancement of sound park and recreation planning and programming; B. Formulate policies on recreation services for approval by the City Council; C. Meet with the City Council in March and in December of each year to discuss proposed policies, programs, budgeting, future needs or other matters requiring joint deliberation; D. Recommend to the City Council the development of recreational areas, parks, facilities, programs and improved recreation services; E. Recommend to the City Council the adoption of standards concerning parks and recreation in respect to organization, personnel, areas and facilities, program and financial support; F. Assist in coordinating recreation services with the programs of governmental agencies and voluntary organizations; G. Advise the Recreation and Parks Director in the preparation of the annual parks maintenance, park improvement and recreation budgets and long range park and recreation facilities improvements; H. Adopt rules and regulations governing the use of recreation areas and facilities consistent with ordinances of the city for the safe use of city parks and facilities provided however, that the adoption of said regulation shall be reported to the City Council at its first regular meeting following the adoption of said regulation. City Council may repeal said regulation by majority vote if deemed unnecessary, unreasonable or not in the best interests of the City; • • I. Hold public hearings and meetings to conduct investigations and surveys for the purpose of securing facts and data concerning any matters listed in this section. 2.24.120 Recreation and Parks Department Established. A recreation and parks department is established for the City. The functions of this department are to provide opportunities for wholesome, year round public recreation service for all age groups. The Recreation and Parks Department shall further be responsible for development and maintenance of park and recreation facilities, the planning of facilities and standards in the City. 2.24.130 Recreation and Parks Director. The city administrator shall appoint a recreation and parks director to administer the recreation and parks department under the direction of the city administrator. The recreation and parks director, or his duly appointed representative, shall be responsible for permitting use of parks and facilities by persons or organizations provided such person or organization makes application as required. 2.24.140 Use of Parks /Facilities. All City parks and facilities are intended for the recreational use of the residents of the City of Morro Bay. When not in use for City business or recreation programs, the parks and facilities may be used by local groups and individuals for social, cultural and recreational activities. 2.24.150 Uses of Parks /Facilities Requiring Permits. Any persons or organizations must obtain a permit for use of any portion of any recreational facilities, parks or lands of the City for the purposes provided in this article, in the manner set forth by the Recreation and Parks Commission. If application for permit is found in good order, the persons or organizations shall be granted use of the facility, park and /or City land as requested. In the event the Director or his duly appointed representative refuses to grant the permit, the applicant may appeal such refusal in writing to the Recreation and Parks Commission by filing notice thereof in writing with the Director within 30 days following refusal of the permit. The Commission shall consider such appeal at its next meeting following the filing of such appeal. The Commission, by majority vote, may affirm or overrule the action of the Director and may, in overruling, impose such conditions or changes as the Commission deems reasonable. Uses requiring a person or organization to obtain a permit include the following: A. Persons or groups proposing to erect or maintain a table, booth or similar structure. B. Groups of persons, exceeding 75 in number. C. Persons or groups desiring to reserve a facility or park for a limited time for their exclusive use. D. Any person or groups desiring to make solicitations or sales. E. Any person or group desiring to hold a contest, demonstration or exhibit in a park or facility for which an admission or entrance fee is charged. • All permits issued pursuant to this article are to be honored by all persons or groups when presented with a valid copy of the permit. 2.24.160 Use of Personal Property; Recreational Equipment Personal property, specifically play or recreational equipment, may be issued to any group or individual, for a period not exceeding four consecutive days from the date of issuance by the Director of Recreation and Parks or his duly appointed representatives, in accordance with regulations for use of such equipment. 2.24.170 Enforcement. All park or facility use rules and regulations will be enforced by appropriate enforcement authorities of the City. 2.24.180 Damage of Parks /Facilities. No person shall cut, break, move, take or otherwise injure, destroy or deface any trees, shrubs, plants, turf, rock or any building, fence, bridge, sign or other structure; or foul any stream or dump any earth, rubbish or other substance or material in or upon any park without permission of the Director of Recreation and Parks. Any such damage shall be a misdemeanor. 2.24.190 Harassment of Others Prohibited. No person, group or organization using any parks or facilities or being adjacent thereto, shall molest or harass any other person on or within said park or facility. 2.24.200 Hours of Use Established. No persons are permitted in any park or facility during hours specified by the Director of Recreation and Parks, unless written permission is obtained from the Director for these programs. 2.24.210 Violations and Penalties. Any person violating sections 2.24.150, 2.24.190, 2.24.200 of this chapter shall be guilty of an infraction and shall be fined 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 section within one year; C. A fine not exceeding two hundred fifty dollars for each additional violation of the same section within one year. ORDINANCE NO. 275 AN ORDINANCE AMENDING CERTAIN SECTIONS OF ORDINANCES NOS. 15, 66, 121, 135, 140, 148, 177, 221, 225, 236, 251, 260 AND 264 AND OF TITLE 14 OF THE MORRO BAY MUNICIPAL CODE, AND ADOPTING THE 1985 EDITIONS OF THE UNIFORM BUILDING CODE, UNIFORM FIRE CODE, UNIFORM PLUMBING CODE, UNIFORM MECHANICAL CODE, UNIFORM ABATEMENT OF UNSAFE BUILDINGS CODE, UNIFORM HOUSING CODE, UNIFORM SWIMMING POOL CODE, AND UNIFORM SOLAR ENERGY CODE, AND THE 1984 EDITION OF THE NATIONAL ELECTRICAL CODE T H E C I T Y C O U N C I L City of Morro Bay, California The City Council of the City of Morro Bay does ordain as follows: Section 1. Section 2. Section 3. That Title 14 of the Morro Bay Municipal Code is hereby amended as shown on Exhibit "A" which is attached hereto and incorporated by this reference. This ordinance shall take effect thirty (30) days after its adoption, and prior to the expiration of fifteen (15) days from the passage thereof shall be published and circulated in the City of Morro Bay and thenceforth and thereafter the same shall be in full force and effect. That the City Council does find that due to Morro Bay's geologic location adjacent to an environ- mentally sensitive and valuable estuarine and wetlands habitat which can be adversely affected by groundwater contamination and pollution leaching, and the availability of public sewage collection and treatment system, that no private septic systems should be permitted within the City; therefore, an amendment to the Uniform Plumbing Code Section 1101 is justified prohibiting such septic systems under any circumstances. PASSED AND ADOPTED by the City Council of the City of Morro Bay at the regular meeting thereof held on this 13th day of January, 1986. AYES: Kaltenbach, Miller, Risley, Zeuschner NOES: None ABSENT: Sheetz ORDINANCE NO. 274 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ADOPTING AN INTERIM URGENCY ORDINANCE TO TEMPORARILY SUSPEND CERTAIN NEW CONSTRUCTION FOR PROTECTION OF MUNICIPAL WATER SUPPLY T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, proper protection of the public health, safety and welfare requires the City to provide an assured and adequate domestic water supply for basic public health and fire protec- tion needs; and WHEREAS, the City Council adopted Resolution No. 106 -85 on 28 October 1985 declaring the municipal water supply to be low and thereby authorizing a program requiring mandatory conserva- tion measures to be implemented; and WHEREAS, the City of Morro Bay proactively petitioned the Whale Rock Commission, as a last- resort emergency supplemental water supplier, to provide contingency emergency water supplies from their storage reservoir; and WHEREAS, the Whale Rock Commission on 25 October 1985 required as a condition of approving the City's use of their water supplies that the City implement a temporary moratorium on any building project that does not "return water" to the City, beginning 1 November 1985, and continuing to 31 December 1985; and WHEREAS, it is essential the City of Morro Bay comply with all conditions of the Whale Rock Commission regarding City use of supplemental emergency water to assure the availability of this water supply as a final contingency water source, if necessary. NOW, THEREFORE, the City Council of the City of Morro Bay does ordain as follows: 1. The above recitals are true and complete facts neces- sitating the declaration of an interim emergency ordinance; and 2. There is hereby adopted an emergency ordinance which temporarily suspends the issuance of building permits for any new construction obtained through the City's Pipeline Replacement Program beginning 1 November 1985; and Ordinance No. 274 Page Two 3. That new construction obtaining water equivalencies through an approved retrofit program which results in net water savings to the City may continue to be permitted within the limits of Measure F; and 4. That new construction for additions to or replacement of existing buildings not resulting in increased water demand may also be permitted during this interim ordinance period; and 5. This ordinance is hereby declared to be urgently required for the immediate preservation of the public health, safety and welfare and shall take effect immediately upon its adoption for a period not to exceed sixty -one (61) calendar days unless terminated sooner. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 28th day of October 1985, by the following vote: AYES: Kaltenbach, Risley, Sheetz, Zeuschner NOES: Miller ABSENT: None :Ui ZEUSCH t', Mayor • ORDINANCE NO. 273 AN ORDINANCE AMENDING MORRO BAY MUNICIPAL CODE Section 13.20.080.0 T H E C I T Y C O U N C I L City of Morro Bay, California The City Council of the City of Morro Bay does ordain that Section 13.20.080.0 of the Morro Bay Municipal Code be amended by addition of the provisions described on Exhibit "A" attached hereto. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting of the City Council held thereof on the lath day of November 1985, by the following roll call vote: AYES: Miller, Sheetz, Zeuschner NOES: Kaltenbach, Risley ABSENT: None BUD ZEUSC WTR, Mayor EXHIBIT "A" C. A project proponent may obtain equivalencies for the project by implemention an approved offsite retrofit program of existing water fixtures or other water conservation measure, subject to_tite following provisions: 1. All proposals for offsite retrofit programs or other water conservation measures shall be submittecd to the planning director who shall estimate the number of equivalencies such proposal would save. 2. Any such proposal shall be subject to review and approval by the City Council and, if deemed necessary, by the California Coastal Commission; provided, howevaz, that if a ro osal complies with the quid PM— prepared— pursuant —to —his seciion ana approved by the City Council, it may be approved by the Planning Commission. 3a. in order to allow a large margin of error in estimated savings and to help reduce overall demand on the City's already constrained water resources, only a fraction of estimated water savings resulting from a retrofit proposal may be credited to a new use or development progect. In order to encourage retrofitting of existing residences, for which retrofitting is generally less economically feasible than retro ?fitting commercial or industrial uses, a lar er percentage of the estimated savings will be credited to a new aevelopment, as provided r6P—below. 3b. For retrofit proposals for which 25 percent (258) of fewer of the required eq iuiu valen ies will be saved a retrofitting commercial and /or industrial buildings, fifty percent—Cr08 of the equivalencies saved by the retrofit or other approved conservation measures shall be credited to the subject project; fifty percent (50%) of the equivalencise shall be available to augment the overall water equivalency program for distribution under the applicable allocation system. 3c. For retrofit proposals for which more than 25 percent 258) of the required equivalencies will be saved by retrofitting commercial and /or industrial buildings, one -third (33.3%175T—The equivalencies saved by the retrofit or other approved conservation measures shall be credite3 -t-5 —The e subject project; two - thirds (66.7%) shall be availaTie to augment the overall water equivalency program for distribution under the applicable allocation system. 4. This option .shall not included replacement by private developers of leaky water mains (said replacement of Exhibit "A" Page Two all such main and the accompanying allocation of equivalencies is subject to the conditions of approval for Coastal Development Permit No. 4- 81 -309A (as amended) granted to the City of Morro Bay by the California Coastal Commission). 5. In order to better implement City objectives and policies to promote infill development, only projects defined as "infill" pursuant to the definition adopted in the operating procedures, shall be eligible to obtain equivalencies pursuant to this section. 6. The director shall gre2are guidelines for the administration o ?etr6Tit program which shall Te reviewed at least once a year by the City Council and which shall be subject to Council's approval. 7. At least twice a year, in December and July, the Director in-TT-submit a report to—Throaty counFiT summa zing t e experience to uate of all re—EFFETE proposals; prior to submission to the Council T , such reports shall be reviewed be water Advisory Committee WAC ai all mace b the WAC shall be included among the materials submitted to the Council. Based on these retorts and WAC recommendations, the Council may modify the ad r Y y guidelines for the program as deemed appropriate. 8. In any program under which the City assists developers in locating structures to be retrofitted, priority shall be given to residences of low- income households. ORDINANCE NO. 272 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AMENDING CERTAIN SECTIONS OF CHAPTER 1.12, NOTICES -- DOCUMENTS, OF THE MORRO BAY MUNICIPAL CODE T H E C I T Y C O U N C I L City of Morro Bay, California THE CITY COUNCIL OF THE CITY OF MORRO BAY HEREBY ORDAINS AS FOLLOWS: SECTION 1. The following sections of Ordinance No. 6 and Chapter 1.12 of the Morro Bay Municipal Code are hereby amended as follows: 1.12.010 Public places for posting notices. The following are officially designated as public places for the posting of all ordinances, resolutions or notices adopted or issued by the city: A. Morro Bay Library County of San Luis Obispo Library System 625 Harbor Street Morro Bay, CA 93442 B. Morro Bay Harbor Office 1275 Embarcadero Morro Bay, CA 93442 C. City of Morro Bay Public Works Department 695 Harbor Street Morro Bay, CA 93442 D. City Hall, City of Morro Bay 595 Harbor Street Morro Bay, Ca 93442 1.12.030 Authorized agents for filing documents. The mayor of the city, the city clerk, the city attorney, the mayor pro tempore and the city administrator are each appointed the authorized agent of the city for the filing with such offices and officers of the state and of the county, of certified copies of ordinances and resolutions and such other documents as may be required for the proper and efficient conduct of the city's business. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 10th day of September, 1985, by the following vote: Ordinance No. 272 Page Two AYES: Kaltenbach, Miller, Sheetz, Zeuschner NOES: None ABSENT: Risley UD ZEUSC `f R, Mayor • ORDINANCE NO. 271 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AMENDING CERTAIN SECTIONS OF CHAPTER 15.48 OF THE MORRO BAY MUNICIPAL CODE THEREBY REORGANIZING THE HARBOR COMMISSION T H E C I T Y C O U N C I L City of Morro Bay, California THE CITY COUNCIL OF THE CITY OF MORRO BAY HEREBY ORDAINS AS FOLLOWS: SECTION 1. The following sections of Ordinance No. 246 and Chapter 15.48 of the Morro Bay Municipal Code are hereby amended as follows: 15.48.010 ESTABLISHED. There is hereby created a Harbor Commission consisting of seven (7) members. 15.48.030 QUALIFICATIONS. At least five (5) members of the Harbor Commission shall be qualified electors of the City. All members of the Harbor Commission shall serve without compensation. They shall hold no other public office in the City or employment in the City government. Two (2) of the members shall be selected from the local commercial fishing industry, one of whom shall be the president of the Morro Bay Fishermen's Association or his /her official designee. 15.48.050 TERMS OF OFFICE AND VACANCIES. Members of the Harbor Commission shall serve for a period of four (4) years beginning July 24, 1985, except the president of the Morro Bay Fishermen's Association, who shall not have a fixed term of office. The term of office of two (2) members shall expire on December 31, 1987 and every four (4) years thereafter; the term of office of two (2) members shall expire on December 31, 1988 and every four (4) years thereafter; and the term of office for the remaining two (2) members shall expire on December 31, 1989 and every four (4) years thereafter. Vacancies in the Harbor Commission occurring otherwise than by expiration of the terms shall be filled in the manner set forth in this chapter for appointments. 1 ORDINANCE NO. 2741 Page Two 15.48.060 REMOVAL OF MEMBERS. All members of the Harbor Commission shall serve at the pleasure of the City Council. Members may be removed from office by -a vote of the majority of all members of the City Council. 15.48.070 ORGANIZATION. At its first regular meeting in January of each year, the members of the Harbor Commission shall select a chairperson and vice - chairperson, both of whom shall hold office for one (1) year until a successor is selected. The Chairperson shall preside over meetings, appoint subcommittees, and otherwise direct the affairs of the Commission. In the absence of the chairperson, the duties of this office shall be performed by the vice - chairperson. 15.48.080 PROCEDURE. The Harbor Commission shall adopt rules and regulations to govern procedures and shall set a time for regular meetings which will be held twice per month. 15.48.110 - DELETED 15.48.120 STAFF ATTENDANCE. The Harbor Director or his designee shall attend meetings of the Harbor Commission and shall maintain an accurate public record of the activities and official actions of the Commission. The Harbor Director shall further make such reports to the Commission, the City Administrator, and the City Council as directed by the City Administrator. 15.48.130 DUTIES AND RESPONSIBILITIES. Paragraph G. Review annual long range Harbor Department programs and make recommendations to the City Council when appropriate. 2 ORDINANCE NO. 2-11/ 4 Page Three PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 24th day of June, 1985, by the following roll call vote: AYES: Kaltenbach, Risley, Sheetz, Zeuschner NOES: Miller ABSENT: None BUD ZEUS ys ER, Mayor 3 • • ORDINANCE NO. 270 AN ORDINANCE TO EXTEND AN INTERIM URGENCY ZONING ORDINANCE FOR THE ATASCADERO BEACH TRACT (ORDINANCE NO. 268) T H E C I T Y C O U N C I L CITY OF MORRO BAY, CALIFORNIA WHEREAS, on January 14, 1985, the City Council of the City of Morro Bay did adopt Ordinance No. 268, establishing an interim urgency zoning ordinance for regulating new development until the new zoning measures intended to incorporate various private deed restrictions in the portions of the Atascadero Beach Tract are approved ; and WHEREAS, Ordinance No. 268 will expire on February 28, 1985 unless extended; and WHEREAS, California government Code Section 65858 allows cities to extend such an interim urgency zoning ordinance for up to 10 months and 15 days, after conducting a duly noticed hearing on same ; and WHEREAS, on February 25, 1985, the City Council did hold a public hearing duly noticed pursuant to the requirements of the Government Code. NOW, THEREFORE, the City Council of the City of Morro Bay does ordain as follows: That the City Council of the City of Morro Bay does hereby extend the term for the "Interim Urgency Zoning Ordinance ", No. 268, to take effect immediately upon this adoption, for up to 10 months and 15 days or until the effective date of the contemplated new zoning meaures, whichever occurs first. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 25th day of February, 1985, by the following roll call vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None a AT GARY NAPS:' , Ci %/ Jerk BUD ZEUSCHN;R Mayor 1 • • ORDINANCE N0. 269 AN ORDINANCE OF THE CITY COUNCIL OF MORRO BAY AMENDING CERTAIN SECTIONS OF MUNICIPAL CODE CHAPTERS 2.04, 2.08, 2.16 AND 2.20, RELATIVE TO ADMINISTRATION OF THE CITY T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the Morro Bay City Council has expressed desire to amend certain proceedings regarding council meetings and agendas; and WHEREAS, a basic house - keeping effort is desirable to amend other sections of the Municipal Code pertaining to administration of the City. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Morro Bay that Municipal Code Chapters 2.04, 2.08, and 2.20 are hereby amended as follows: 2.04.010. Address. The offices of all agencies, depart- ment officers, and employees of the city shall be primarily located and maintained at 595 Harbor Street, Morro Bay, Cali- fornia. 2.04.010 Hours. The city offices shall be closed on all official state holidays, as listed in Section 7600 of the California Government Code and as proclaimed by the Mayor of the city. The city offices shall be open to the public for business from eight a.m. to five p.m. on all other business days of the year. 2.04.030 Council chambers. The room designated as the council chambers located at the Morro Bay Recreation Hall, Dunes Street and Shasta Avenue, Morro Bay, California, shall be the council chambers of the city council and all meetings of the city council shall be held therein. 2.08.010 Time and date. Regular meeting of the city council shall be held on the second and fourth Mondays of each month at seven p.m., or the next succeeding day which is not a holiday. 2.08.020 Presenting matter to council. Every official, board commission or other body, connected with the city govern- ment, and every citizen, individual, coproration, committee or civic group, having any reports, communications, or other matters to be presented at a council meeting, shall notify the city clerk of that fact in writing before twelve noon of the second Friday preceding the day of such meeting, except if that Friday is a legal holiday, then twelve noon of the next non- • holiday preceding day to the second Friday. The city clerk shall prepare a list setting forth such matters and the nature thereof under the appropriate headings and in order specified in Section 2.08.030. The city clerk shall, on the business day preceding such meeting, cause one copy thereof to be delivered to each councilmember. Matters deemed by the city council to be of emergency are excepted from this provision. 2.08.030 Order of business. Promptly at seven p.m. on the night of each regular meeting, the members of the council, the city clerk, the city attorney and other officers shall assemble at their regular stations in the council chamber, whereupon the business of the meeting shall be taken up in the order as the city council may from time to time prescribe by resolution. 2.08.050 Oral communications. Under the heading of oral communications, all persons may, personally or by their repre- sentatives, address the city council in regard to any unagen- dized matter in which they are interested. Upon recognition by the Mayor, a person shall approach the public podium, state their name and address, and present their comments to the city council. Comments should normally be limited in time as prescribed by the city council. 2.16.050 City treasurer - Bond. The city treasurer upon the entry of office shall execute a bond to the city in conformity with bonds of public officers, and in conformity with provisions of the Government Code of the state relating thereto, in the amount of one hundred thousand dollars ($100,000). 2.20.010 Councilmembers. Each member of the city council shall receive compensation of one hundred fifty dollars ($150) per month. In addition to said compensation, any councilmember may be reimbursed for actual and necessary expenses incurred in the performance of official public duties. PASSED AND ADOPTED by the City Council of the City of Morro Bay, California, at a regular meeting thereof held this 11th day of February 1985, by the following roll call vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None BUD ZEUS ER, Mayor ATTEST: 1 ORDINANCE NO. 268 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ADOPTING AN INTERIM URGENCY ZONING ORDINANCE WHICH WILL TAKE EFFECT IMMEDIATELY UPON ITS ADOPTION WHEREAS, the City's zoning regulations for a portion of Atascadero Beach Tract areas, and specifically for residentially zoned property in the City limits, west of State Highway Number 1 and north of Azure Street, are different in certain respects from the development standards contained in various private deed restrictions; and said restrictions have resulted in a visually well- defined neighborhood; and WHEREAS, in order to preserve the character of said neighborhood for the benefit of the residents, property- owners and visitors to the adjacent beach area, the City Council has directed the Planning Commission and staff to prepare amendments to the present zoning regulations; and WHEREAS, while work on said amendments is progressing, new construction which would be out -of- character would have a detrimental impact on the present neighborhood; and WHEREAS, Section 65858 of the California Government Code authorizes cities to adopt interim urgency zoning ordinances in order to regulate land uses during the time period when new zoning ordinances are being prepared; and WHEREAS, the City Council finds that an interim urgency ordinance is necessary to protect the general welfare and the best interest of the community by protecting the highly valued neighborhood character found in the subject areas. NOW, THEREFORE, BE IT RESOLVED, by the City Concil of Morro Bay as follows: That the City Council does hereby adopt an interim urgency zoning ordinance, as illustrated on Exhibit "A" which is attached hereto and made part hereof by this reference, and which shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED,on this 14th day of January, 1985 by the following vote to wit: AYES: Kaltenbach, Miller, Risley, etz NOES: None i lir ABSENT: None ABSTAIN: Zeuschner Raymond Z ATTEST: 0 A adiet /4 'b ARDITH DAVIS, Deputy City Clerk 3 chner, Mayor ORDINANCE NUMBER 26 EXHIBIT "A" For the area of the City of Morro Bay, designated on the existing zoning district maps and coastal plan for residential purposes and located west of California Highway One and north of Azure Street, no development shall be approved which exceeds the height limits or setbacks prescribed by various private deed restrictions established for properties in this subject area or which in any other way significantly varies from the existing development pattern which has resulted from said restrictions and is not, thereby, compatible with the character of the neighborhood. This ordinance shall remain in effect only until either (a) 45 days from adoption, unless extended pursuant to Section 65858 of the Califonia Governemnt Code; or (b) to such time as the new zoning regulations contemplated for the subject area are adopted and effected; which ever is sooner. 4 ORDINANCE NO. 266 AN ORDINANCE ESTABLISHING A GROWTH MANAGEMENT PROCEDURE WHICH WILL ALLOW FAIR DISTRIBUTION OF OUR SCARCE WATER RESOURCES AND PROTECT THE SMALL TOWN CHARACTER AND SURROUNDING OPEN SPACE OF THE CITY Be it ordained by the people of the City of Morro Bay as follows: SECTION 1. Both the Coastal Commission certified Land Use Plan and the Morro Bay city council- adopted Water Management Plan allow for a city residential population to grow from present 9600 to 12,200 by the year 2000 IF ADDITIONAL WATER RESOURCES OF ADEQUATE QUALITY AND QUANTITY ARE MADE AVAILABLE THROUGH IMPLEMENTATION OF THE WATER MANAGEMENT PLAN. In order to insure even and balanced growth during the 16 year period from January 1, 1985 through December 31, 2000, building permits will be limited to a number permitting an annual increase in population which would achieve the 12,200 person goal by the year 2000. No further residential building will be permitted after a population of 12,200 has been reached unless an increase has been approved by a majority vote at a regular or . special election. SECTION 2. If water and wastewater treatment capacities become available allowing for a population increase beyond 12,200, the growth management procedures of this ordinance may be altered ONLY BY A MAJORITY VOTE OF THE PEOPLE AT A REGULAR OR SPECIAL ELECTION. SECTION 3. Residential building permits in 1985 will be limited to 70 residential units. The city council, with advice of the plan- ning commission, will determine by January 15 of each calendar year thereafter the mix of multi -unit and single family residential units for that calendar year. The 70 unit ceiling may . be increased or de- creased by a factor not exceeding 10 percent if necessary to achieve the alloted annual population growth target. The determination of the mix will be based on a study of the historical building permit pattern for the decade prior to 1977 and the years since 1982, plus an estimate of population increase of the previous year. Final adjustment of the building permit limit in each year will be made by the city council after a public hearing. SECTION 4. In any calendar year the commercial and industrial building permits issued shall not require more than 130% of the water allocated to residential units that year. SECTION 5. Residential building permit approval will follow Coastal Act priorities for water allocation required by Coastal Development Permit 4- 81 -309A or as revised after the Coastal Commis- sion review scheduled for December 1984. These priorities shall be reviewed again when the pipe replacement program is completed and necessary amendments submitted to the Coastal Commission. SECTION 6. For purposes of awarding building permits, only those development proposals which meet the definition of infill now in use for water allocations may be approved. This definition was approved&by city council resolution No. 26 -84 on March 12, 1984. • Ordinance No. 266 Page Two SECTION 7. Land Use Plan policies 6.01 through 6.08 have been designed to preserve open space and agricultural land within the city limits. These policies and . the zoning ordinances which now implement them may be amended or repealed ONLY BY A MAJORITY VOTE OF THE, PEOPLE AT A REGULAR OR SPECIAL ELECTION held after final approval of an amendment or repeal by the city council and prior to . submission to the Coastal Commission. SECTION 8. Nonprofit public facilities (e.g. public buildings, libraries, senior centers, etc.) supported in whole or in part by public funds are exempted from the permit limitations in sections 3 and 4. SECTION 9. Severance. If any portion of this ordinance is held invalid for any reason by a decision_of a court of competent juris- diction, such portion shall be deemed a separate, distinct and severable portion thereof and such decision shall not affect the validity of the remaining portions. SECTION 10. This ordinance shall supersede all other ordinances in conflict herewith. I, GARY A. NAPPER, City Clerk of the City of Morro Bay, do hereby certify that the foregoing is a true and correct copy of an ordinance adopted by a majority vote of the electors voting in the geneal municipal election held in the City of Morro bay on the 6th day of November, 1984. Dated: November 30, 1984 1 A. i3' ' R, r, 7 Clerk City of rorro B -' California ra PETITION TO CITY. COUNCIL CITY OF MORRO BAY SUBMITTING PROPOSED ORDINANCE To: City Council of the City of Morro Bay, State of California Pursuant to Section 4001, California Electlons Code, and the attached published notice of Intention, we, the undersigned, rare than ten per cent of the registered qualified voters of said city, hereby present fats oetltlon end request that the following a,a'osed ordinance be passed without alteration by you, or be suomitted to a vote of L:e people at the next regular election. E` -, proposed ordinance reads as follows: AN INITIATIVE ORDINANCE OF THE PEOPLE OF THE CITY OF MORRO BAY ESTABLISHING A GROWTH MANAGEMENT PROCEDURE WHICH WILL ALLOW FAIR DISTRIBUTION OF OUR SCARCE WATER RESOURCES AND PROTECT THE SMALL TOWN CHARACTER AND SURROUNDING OPEN SPACE OF THE CITY. BE IT ORDAINED BY THE PEOPLE OF THE CITY OF MORRO BAY AS FOLLOWS: SECTION 1. BOTH THE COASTAL COMMISSION CERTIFIED LAND USE. PLAN AND THE MORRO BAY CITY COUNCIL - ADOPTED WATER MANAGEMENT PLAN ALLOW FOR A CITY RESIDENTIAL OPULATION TO GROW FROM PRESENT 9600 ro 12.200 BY THE YEAR 2000 IF ADDITIONAL WATER RESOURCES OF ADEQUATE QUALITY AND QUANTITY ARE MADE AVAILABLE THROUGH IMPLEMENTATION OF THE WATER MANAGEMENT PLAN. IN ORDER TO INSURE EvEPI AND BALANCED GROWTH DURING THE 16 YEAR PERIOD FROM JANUARY 1, 1985 THROUGH DECEMBER 31. 2000. BUILDING PERMITS WILL BE LIMITED TO A NUMBER PERMITTING AN ANNUAL INCREASE IN POPULATION WHICH WOULD ACHIEVE THE 12.200 PERSON GOAL BY THE YEAR 2000. No FURTHER RESIDENTIAL BUILDING WILL BE PERMITTED AFTER A POPULATION OF 12,200 HAS BEEN REACHED UNLESS AN INCREASE HAS SEEN APPROVED BY A MAJORITY VOTE AT A REGULAR OR SPECIAL ELECTION. SECTION 2. IF WATER AND WASTEWATER TREATMENT CAPACITIES BECOME AVAILABLE ALLOWING FOR A POPULATION INCREASE BEYOND 12,200. THE GROWTH MANAGEMENT PROCEDURES OF THIS ORDINANCE MAY BE ALTERED ONLY BY A MAJORITY VOTE OF THE PEOPLE AT A REGULAR OR SPECIAL ELECTION. SECTION 3. RESIDENTIAL BUILDING PERMITS IN 1985 WILL BE LIMITED TO 70 RESIDENTIAL UNITS. THE CITY COUNCIL, WITH ADVICE OF THE PLANNING COMMISSION, WILL DETERMINE BY JANUARY 15 OF EACH CALENDAR YEAR THEREAFTER THE MIX OF MULTI -UNIT AND SINGLE FAMILY RESIDENTIAL UPIITS FOR THAT CALENDAR YEAR. THE 70 UNIT CEILING MAY BE INCREASED OR DECREASED BY A FACTOR NOT EXCEEDING 10 PERCENT IF NECESSARY TO ACHIEVE THE ALLOTF.D ANNUAL POPULATION GROWTH TARGET. THE. DETERMINATION OF THE MIX WILL BE BASED ON A. STUDY OF THE. HISTORICAL BUILDING PERMIT PATTERN FOR THE DECADE PRIOR TO 197/ AND THE YEARS SINCE 1982. PLUS AN ESTIMATE OF POPULATION INCREASE. FOR THE PREVIOUS YEAR. FINAL ADJUSTMENT OF THE BUILD- ING - PERMIT LIMIT IN EACH YEAR WILL BE MADE BY THE CITY COUNCIL AFTER A PUBLIC HEARING. SECTION 4. IN ANY CALENDAR YEAR THE COMMERCIAL AND INDUSTRIAL BUILDING PERMITS ISSUED SHALL NOT RE- QUIRE MORE THAN 130% OF THE WATER ALLOCATED TO RESIDENTIAL UNITS THAT YEAR. SECTION 5. RESIDENTIAL. BUILDING PERMIT APPROVALS WILL FOLLOW COASTAL ACT PRIORITIES FOR WATER ALLOCATION REQUIRED BY COASTAL DEVELOPMENT PERMIT 4- 81 -309A OR AS REVISED AFTER THE COASTAL COMMIS- SION REVIEW SCHEDULED FOR DECEMBER 1984, THESE PRIORITIES SHALL BE REVIEWED AGAIN 'WHEN THE PIPE REPLACEMENT PROGRAM IS COMPLETED AND NECESSARY AMENDMENTS SUBMITTED TO THE COASTAL COMMISSION. SECTION 6. FOR PURPOSES OF AWARDING BUILDING PERMITS, ONLY THOSE DEVELOPMENT PROPOSALS WHICH MEET THE DEFINITION OF INFILL NOW IN USE: FOR WATER ALLOCATIONS MAY BE APPROVED. THIS DEFINITION WAS APPROVED BY CITY COUNCIL RESOLUTION No. 26 -84 ON MARCH 12, 1984. SECTION 7. LAND USE PLAN POLICIES 6.01 THROUGH 6.08 HAVE BEEN DESIGNED TO PRESERVE OPEN SPACE A; %11 AGRICULTURAL LAND WITHIN THE CITY'LIMITS. THESE POLICIES AND THE ZONING ORDINANCES WHICH NOW IMPLE- MENT THEM MAY BE AMENDED OR REPEALED ONLY BY A MAJORITY VOTE OF THE PEOPLE AT A REGULAR OR SPECIAL ELECTION HELD AFTER FINAL APPPOVAL OF AN AMENDMENT OR REPEAL BY THE CITY COUNCIL AND PRIOR TO SUB- MISSION TO THE COASTAL COMMISSION. SECTION 8. NONPROFIT PUBLIC FACILITIES (E.G. PUBLIC BUILDINGS, LIBRARIES, SENIOR CENTERS, ETC.) SUPPORTED IN WHOLE OR IN PART BY PUBLIC FUNDS ARE EXEIPTED FROM THE PERMIT LIMITATIONS IN SECTIONS 3 AND 4. SECTION 9. SEVERANCE, !F ANY PORTION OF THIS ORDINANCE IS HELD INVALID FOR ANY REASON RY A DE- CISION OF A COURT OF COMPETENT JIIR!SDICTION, SUCH PORTION SHALL BEE DEEMED A SEPARATE, DISTINCT AND SEVERABLE PORTION THEREOF AND SUCH DECISION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS. SECTION 10, THIS ORDINANCE SHALL SUPERSEDE ALL OTHER ORDINANCES IN CONFLICT HEREWITH. THE. FOLLOWING IS A TRUE AND CORRECT COPY OF THE PRINTED NOTICE OF INTENTION AND ACCOMPANYING STATEMENT: NOTICE OF INTENT TO CIRCULATE PETITION NOTICE 19 HERQV ONEM d IPr Molten 01 Me persons whom neuter her.cn to cicWN i pettbn *Aden tie City of Mont By me pupme d ao'+h+v a Csy Ordinance wnlca will Insure ressOneble. baea+ced and orderly trowel Orr grout Such an ordinance 1. lace s y In order that .t.-edy's maoir' Water yLCy/y tai poted.d and t a stns Sn.n unarm m 01 Maio Bay eM Pa aurovti.p iron space ba pro res6 tl ell nave -- he platw.utlwr d Mono Bay's new ns aceree f pen *nth COLE MNr to saS.d buJbed ate pardon N not saddle me ply's Tut yra wee a- &fl cnplrm Cod wr,ot vote dm. Geode. /s /Rey KattsMwU1. 4 7 3 Slcsy. ^In.I. Mono Bay, /s /JDead+ C. O%ae%M, 5135 Kan Awsa, MDTO Bay. /1/ Peter Dd6ey, 960 Arches Str..t, Morro Bey. 14/Josaion Canpp.s, 2703 Handtc; Street. Marx Bay. /a/ Robert H. Lane, 440 9huq Street. Marr Bay. Pub. May 17. 19/34 • ORDINANCE NO. 265 AN ORDINANCE AMENDING MORRO BAY MUNICIPAL CODE CHAPTER 13.20 T H E C I T Y C O U N C I L City of Morro Bay, California The City Council of the City of Morro Bay does ordain that Chapter 13.20 of the Morro Bay Municipal. Code be amended to read as described in Exhibit "A" attached hereto. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting of the City Council held thereof on the 14th day of January', 1985, by the following roll call vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None ATTEST: adeteik' ARDITH DAVIS, DEPUTY CITY CLERK APPROVED AS TO FORM: MICHAEL T. LESAGE CITY ATTORNEY 2 BUD ZEU ER, Mayor • • Attachment 1. ADDENDUM TO EXHIBIT "A" Revised Chapter. 33.20 "Building Limitation ". Add to Section 13.20.010 B (insert in second paragraph, prior to last sentence): "By development that occurs in an orderly fashion is meant development which can be served by public utilities, including but not limited to water resources and delivery systems; which encourages infiil in existing developed parts of the City rather than in Large undeveloped areas along the perimeter of the community; and, which helps to implement the policies and priorities articulated in the City General Plan and Local Coastal Program." Revise Section 13.20.050 A to read "By January 15 of each year.—.equivalency program for that calendar year...." 13.20.080 B.4. Add the phrase "and provided the addition or expansion does not change the type of use." Revise Section 13.20.090 8.3. by deleting "one- time" in the second lire. Revise Section 13.20.090C to read "A project proponent need not be the record owner to apply for water equivalencies and, thereby, be placed on the allocation list; however, the Planning Commission shall not award equivalencies to any project unless the project proponent is the record owner of the property." 4 • EXHIBIT 'A' Chapter 13.20 BUILDING LIMITATION Sections: 7.3.20.010 -- 1.3.20.020 13.20.010 Intent and Findings 13.20.020 Definitions. 13.20.030 Responsibilities of the planning director. 13.20.040 Responsibilities of the planning commission. 13.20.050 Responsibilities of the city council. 13.20.060 Submission of annual report by the planning director 13.20.070 Water equivalency table. 13.20.080 Allocation of water equivalency units to proposed bald -ing projects. 13.20.090 Nontransferability of water equivalency units. 13.20.100 Time limit for using water equivalency units. 13.20.010 Intent and findings. A. The intent of this chapter is to regulate the addition of new water users to the City's water system, whether new construction, expansions or new occupancies, to ensure that demand for water shall not exceed available supply and that the pace oaal73Fting the available water supply to new users is reasonable and orderly. B. The City of Morro Bay presently has a limited amount of water resources; this act is not only recognized tie city but also by the State ST-Cal Eorniainn various actions of the California Coastal Commission limiting new development within the city limits. New water users must be regulated, accofaiingly, to ensure that Remand does not exceed supp7o and that the pace of development u is g available water is orderly an reasonable. 1 • • Building Limitation Page Two The regulations established by this chapter may effectively limit the number of housing units which may be constructed on an annualeasis, ut such limitation is necessary to protect the public health, safety and welfare. F water use exceeded supply and adequate water were not available to users, there could result in increased 1171 a hazard, adverseimpacts on commerce, industry and recreation, and the pub c health, serety and welfare would generally be -jeopardized. Similarly, tie public health, safety and wet are is promoted by regulating the pace of new development so that it occurs in an orderly fashion. sua development helps preserve the community's character, enhances the attractiveness of the City, better implements adopted plans, policies and prioritieflor the physical growth of the city, and tends toward a more efficient use of available resources including but not necessarily limited to water and water delivery systems. 13.20.020 Definitions. The following definitions shall be used for interpreting this chapter: A. "Water equivalency units" means units of wane* use a unit of measure for water use equal to the average amount of water user by a single -1v residence over the period of one year. "Water equivalency units" are established to assist the city in regulating the annual addition of new water users to the city's limited water system. Since 1977, one water equivalency unit has been considered as equal to 10,780 cubic feet of water per year. B. "Water equivalency program" means a program adopted 4n San aty e€ each year that establishes the total number of water equivalency units to be allocated for the coming year, and the method of dispersing and administering water equivalency units throughout the year. C. "Water equivalency table" means a table that tanks indicates the average annual water use of different land uses €bat is used in calculating how many water equivalency units a proposed project needs. D. "Project" means, new construction, additions to existing facilities, changes or intensification of use or occuRancies in an existing faciliti+_, or demolition and replacement of existing lac'iriities. 13.20.030 Responsibilities of the planning director. A. The planning director is charged with: 2 • , Building Limitation Page Three 1. Submitting an annual report to the city council and planning commission pursuant to Section 13.20.050; 2. Calculating the water equivalency units required by individual projects deve4epments fee wh4eh bH43d4eg pefm4t app44eat4ens a*e made; year; 3. Monitoring the water equivalency program during each 4. Periodically updating the basis for a water equivalency unit and the water equivalency table and adjusting them based on significant changes of water consumption by land use type. 5. Developing operating procedures for the administration of the water equivalency program; sucWprocedures shall be subject to annual review by the City Council. 13.20.040 Responsibilities of the planning commission. A. The planning commission is charged with: 1. Reviewing the planning director's annual report and recommending a water equivalency program to the city council; 2. Reviewing operating procedures developed bx the planning director and making recommendations on same to city council. 3. Allocating the water equivalency units established for the year to projects, in accordance with the approved water equivalency program €E€ have app44ed fa* be44d4ng pefm4ts. 13.20.050 Respsonsibilities of the city council. A. 4fi danuafy e€ eaeh yea*T In December of each year, the city council shall adopt a water equTvalency program —For tha€ the following calendar year by resolution. B. The City Council shall also review the operating proce3ures—ror a ministration of the water equiviT ncy program developed by tie planning director. 13.20.060 Submission of annual report by the planning director. A. In December of each year, and subsequently in the following year based on a significant change in the water availability situation or recalculation of use by type of activity, the planning director shall submit a report to the city council and planning commission outlining the number of uses receiving equivalencies that Year and the number of eq vaiencies distributed. B. IT When deve4ep4Re and 4eeemmend4Ag a wate* 3 • • Building Limitation Page Four equ4valeney ptegfamT the plann4Ag and eemmun4ty develepmest d4feetef shall 4nelude7 4n any seek pfegtam ptepafedT the e4ty eeene44 pel4ey pefta4n4ng only to the 14s4ted ameunt ef wate* {twe- handfed aefe feet} net be4ng lest 4n the d4stf4but4en system as a fesult ef p4pe feplaeement and leak fepa4*7 te alleeate e4ghty pefeent te fes4dent4al bu44d4ng and twenty pefeent te eemmefe4a4 /4Adestf4al bu41d4ng7 and fequ4fe that wate* al4eeat4ens fat the alfeady sebd4v4ded lets sha11 have pt4et4tyr Th4s pel4ey sha14 fema4n a pa-Et ef any al4eeat4en pfegfam feeewfended by the p4ann4ng eemm4ss4en and adepted by the e4ty eeune447 unless ethe*w4se d4*eeted by the Eal4 €efn4a Eeastal Eemm4ss4en7 and/ef found 4neens4stent w4th the Ea44 €efn4a Eeastal Aet ef 1946r The annual water equivalency program shall not conflict with the "Authorized Water Recovery Allocation Model" as approved by the California Coastal. Comm —issi n, while said model remains in effect. C. The planning commission shall consider this report and forward it to the city council with its recommendations. The city council shall thereafter hold a public hearing and shall . take action to adopt a water equivalency program for the year. pufseast te 6eet4en 13.$01-0107 13.20.070 Water equivalency table. A. A water equivalency table shall be developed and incorporated in this chapter by resolution as Exhibit "A ". The water equivalency table shall tank indicate the average annual water use of different land uses and build g types relative to that of a single - family dwelling, and shall be expressed in water equivalency units. B. The water equivalency table shall be followed when calculating the water equivalency units needed by individual projects that apply €ef b444d4ng peff4ts during the year. The average water use per building type shall be periodically updated and the water equivalency table shall be adjusted to reflect changes in water use and incorporated in this chapter by resolution. 13r20,440 Alleeat4en ef wate* equ4valeney ww4ts te ptepesed be41d4ng pte3eetsr A. App44ea— s fist bu44d4ng petm4ts shall be teee4ved and tev4ewed by the plann4ng depaftment only 4€ thefe ate wate* equ4va4eney ue4ts ava44able fat al4eeat4en te the pfepesed bu41d4ne user 4 1 • Building Limitation Page Five Br if watef equ#va4eney units afe available fef the type e€ building pfepesedT a eempleted app44eat4en €ef a building pefm4t shall be submitted to the planning depaftmentr The planning depaftfent shall detefnn4ne the numbef e€ watef egi#va4eney units needed by the pfepesed pfe3eet using the watef ege#valeney tableT and €efwafd the pfeieet to the planning eemm3ss4en- 13.20.080 projects. Allocation of water eguival.ency units to A. No project as defined in this chapter shall be permitted unless it is first reviewed by the community development director to ascertain wither it will increase likely water usage and thereby needs water equivaTnncies. If a proposed project, as defined in t is chapter, is found to require water equivalencies, it shall not be approved 13r construction, or in cases of changes to, or tfie expansion or intensification of, existing uses, the occupancy shall not be approved until and unless the require-3 water equivalencies -Fave been obtained in accordance with the annual water equivalency program, except as provided herein. B. The following types of projects shall not be required to obtain equivalencies through the equivalency program: 1. Projects which involve demolition of a building where the number of water equivalencies required—Gv the new uses is less than or e.gual to those credited to the demolished building(s). Any building demolished prior to 1977 sEaii not Te credited with equivalencies. 2. Projects which involve the replacement of a use or occupancy with a new use or occupant' where the number of water equivalencies required -6v the new use or occupancy is less than or equal to those credited to the use or occupancy be ni g replaced. Any use or occupancy discontinued prior to 1977 shall not be credited with equivalencies. 3. A project which is an addition to an existing facility and includes the retrofit of existing fixtures in that TiCi)ity such that the equivalencies saved by the retrofit is greater than or equal to the equivalencies required by the new use. The planning director shall estimate the equivalencies saved by a proposed retrofit; the dii - rector may request the project proponent to supply whatever — iinformation is deemed necessary to help estimate water savings. 4. Additions or expansions to existing commercial (except motels, hotels, campgrounds and other commercial uses for which equivalencies es are based on the number of units) or industrial 5 Building Limitation Page Six uses not exceeding 30 percent of the existing area devoted to the use. 5. Additions or expansions to residential uses, motels, hotels, campground or other uses for which equiva.encies are based on number of units so long as such additions or expansion does not involve an increase in number of units. C. A project proponent may obtain equivalencies for the project by implementing an approved offsite retrofit program—OT exising water fixtures or other water conservation measure, subjct to the following provisions: 1. All proposals for offsite retrofit programs or other water conservation measures shall be submitted to tie wing director who shall estimate the number of equivalencies such proposal would save. 2. Any such proposal shall be subject to review and approval by the city council and, if deemed necessary, by the California Coastal. Commission. 3. Fifty percent (50%) of the equivalencies saved by the retrofit or other approved conservation measures shall be credited to the subject project; fifty percent (50%) of the equivalencies shall be —a-TT-finable to augment the overall water e4u— ivalency program for istrib'ution under the applicable allocation system. 4. This option shall not include replacement by private developers of leaky water mains (said replacement of all such main and the accompany ni g allocation o£ equivalencies is subject to the conditions of approval for Coastal Development Permit No. 4- 8T309A (as amended) granted to the City of Morro By by the California Coastal Commission). 5. In order to better implement City objectives and policies to promote infill development, only projects defined as "infill." pursuant to the definition adopted in the operating procedures, ?Fill be eligible to obtain equivalencies pursuant to this section. D. If a project needs to obtain water equivalencies pursuant to the equivalency program, the project proponent shall make application for the equivalency in the form of a completed app ication for a building permit and shall be submitted to the community development department, provided, however, that for projects which do not require a building permit, a letter requesting the required equivalencies shall be subm tted to the department instead. The director shall determine the number of water equivalency units needed by—the proposed project. The 6 •. • Building Limitation Page Seven director shall periodically forward requests to the planning commission for allocation of available water eqi velency units, YE—accordance with the annual water equivacy program. E. The planning commission shall allocate the required water equivalency units to the proposed project only if it can make the following findings: 1. The project is consistent with city planning regulations; all applicable local discretionary permits shall be a2proved prior to a project's being eligible to receive equivalencies. 2. There are enough water equivalency units available to be allocated to the specific type of be#3d4nq use for which application has been made; 3. A water equivalency unit allocation to the proposed project is consistent with the water equivalency program adopted for the year. E. Be-i }d4ng peff €€ appl4eat4ens Applications for equivalencies will be reviewed by the planning dep'artment and considered for water equivalency allocations on the basis of time and the date of receipt of the completed application by the plaen#ng community development department. 13.20.090 Nontransferability of water equivalency units. A. A water equivalency unit shall be awarded only to a specific project in a specific location. €e* whieh applieat4en fa* a bw44d4ng pefm €t has been mode,- Minor amendments to projects which do not change the type or inte— ns ty of use may Fe approved wit out Toss of equivalencies so long as the project site and project proponent do not change. B. A water equivalency unit that has been allocated to a specific project cannot be transferred to another project, property, or person until approved for final occupancy pursuant to Section "D" below; except, however, that transfer to a new person may be allowed under the following circumstances, subject to city council approval.: 1. Death of the project proponent, in which case the equivalencies mav be transferred to the legal-heirs; or 2. Bankruptcy of the ro'ect proponent, in which case the equivalencies max be trans erred to the creditors along wirE other project entitlement. 7 Building Limitation Page Eight 3. In both cases (1) and (2) above, the council may also authorize the one -time transfer of the equivalencies al. no g with other project entitlements to a new developer. C. A project proponent must be the record owner of a property in or er to be eligible to obtain water equivalencies. D. Equivalencies shall run with the project and the property and, except as provided above, may be transferred to a new person after finall occupancy has been approved by the city. In project which —has been approved by the city—Tor phased development, equivalencies may be transferred with the project to a new person after a phase has been approved for final. occupancy. 13.20.1.00 Time limit for using water equivalency units. A. If water equivalency units have been awarded to a project by the planning commission, that award shall remain in force for the period in which the plan eheek et building permit is valid. The equivalency granted shall expire one hundred eighty days from the date of award if a building permit is not secured; or, one hundred eighty days from the issuance of a building permit if construction is not commenced. Construction shall proceed with due diligence. If water equivalencies are granted for occupancy or use not involving a building permit, such use or occupancy shall commence within one hundred eighty days of the award. B. Extensions of this time limit or reissuance of expired water equivalency units can be granted by the planning commission only if the applicant can prove to the satisfaction of the planning commission that application for all necessary permits and construction were delayed due to extreme hardship. In all cases the water equivalency permit shall expire two years from the date it is issued. C. The time limits of this section shall not be applicable to partial awards; thatis, the award of equivalencies in an amount less than the full number required for a project to proceed. Time Timits s ha1lFe calculated EFFm that time a project is granted aTtequ+ivalencies necessary 7orproceeding. 8 0 EXHIBIT "A" Water equivalencies shall be determined on the following scale: Average Usage for One Year Cubic Feet Average Usage Equated to Residential Units Single Family Residence 10,780 1.00 Duplex (Each Unit) 8,454 _78 Condominium Unit 6,899 .64 Apartment Unit 5,782 .54 Mote] Unit 6,479 .60 Trailer Park Unit 4,916 .46 Art Gallery Bank Barber & Beauty Shop with apartments Bicycle Shop Candle Shop Car Wash Church Day Nursery Dental Office Doctor's Office Drug Store Food & Gas Convenience Store Garage Glass Sales H.M.S. Salt Mall Laundromat Marine Supply Store Office (small) Oyster Processor Real Estate Office Restaurant Fast Food - No Dishwasher Rest Care Facility Retail Store (small) Seafood Processor Service Station Supermarket 1,200 10,000 26,200 1,100 1 ,800 42,900 4,200 21,300 10,800 13,800 5,200 3,700 2,900 1,400 40,500 236,800 5,600 1,300 72,900 2,700 69,900 23,412 646,400 1 ,600 247,800 20,000 2],000 9 .1] .93 2.43 .70 .17 33.98 . 39 1.98 1 .01 1.27 .48 . 34 . 27 .l3 3.76 21.97 . 52 .l2 6.76 . 25 6.48 2.]6 59.96 .15 22.99 1 .86 1.95 4 ORDINANCE NO. 264 ORDINANCE OF THE MORRO BAY CITY COUNCIL REQUIRING AUTOMATIC FIRE SPRINKLER SYSTEMS IN CERTAIN BUILDINGS AND REQUIRING FIRE RESISTIVE ROOFING MATERIALS T H E C I T Y C O U N C I L City of Morro Bay, California The City Council of the City of Morro Bay does ordain as follows: WHEREAS, when the City of Morro Bay was incorporated, one of its purposes was identified as providing protection against fire as authorized under the State of California Government Code Section 61600(D), and WHEREAS, the many fire departments are limited in providing full fire protection against major fires in a large building, and WHEREAS, fires in large, unsprinklered primarily wood structure buildings, which are being constructed in increasing numbers in Morro Bay, will decrease the availability of fire fighting resources and services to other structures, and WHEREAS, weather conditions during certain times of the year increases the threat of a fire which could carry to large buildings, and WHEREAS, automatic fire sprinkler systems are generally recognized as the single greatest mitigation measure available for buildings and contents for fire protection, and WHEREAS, geographical conditions in San Luis Obispo County result in extended response times for backup fire fighting resources equipped to handle large building fires, which can contribute to greater life and property loss in large, unsprinklered buildings, and NOW, therefore, the City Council of the City of Morro Bay does ordain as follows: SECTION 14.60.200 IS HEREBY AMENDED TO READ AS FOLLOWS: Notwithstanding any provisions to the contrary in the Uniform Fire Code, the Uniform Building Code, or any other applicable code, automatic fire sprinkler systems, as approved by the Morro Bay Fire Department, shall be installed and maintained in certain buildings described herein. Roofs of new buildings shall be fire resistive. Wood shake and wood shingle roofs shall not be permitted. PAGE TWO - ORDINANCE N464 SECTION A - AUTOMATIC FIRE SPRINKLERS (1) All new buildings exceeding 5,000 square feet, regardless of separation walls, shall be protected with automatic fire sprinklers. (2) All existing buildings exceeding 5,000 square feet where an automatic fire sprinkler system does not exist, and a change in the character of occupancy or use is made which increases the fire hazard as per the Uniform Fire Code, shall be protected with automatic fire sprinklers. (3) All new buildings built on the west side of the Embarcadero shall be protected with automatic fire sprinklers. (4) All existing buildings where the floor area is increased and the resulting total floor area exceeds 5,000 square feet, regardless of separation walls, shall be protected with automatic fire sprinklers. SECTION B - FIRE RESISTIVE ROOFS. Notwithstanding any provisions to the contrary in the Uniform Fire Code, the Uniform Building Code, or any applicable code, roofs shall be constructed of fire resistive materials: (1) On all new buildings. (2) On all existing buildings when it becomes necessary to re -roof any structure. (3) Wood shake and wood shingle roofs shall not be permitted unless it can be demonstrated that they are permanently fire resistive. SECTION C. If any section, subsection, sentence, or clause or phrase of this ordinance is, for any reason, held to be unlawful, such decision shall not affect the validity of the remaining portions of this ordinance. SECTION D. This ordinance shall become effective on January 1, 1985. Passed and adopted by the City Council of the City of Morro Bay at the regular meeting thereof held this 13th day of November , 1984, by the following roll call vote: AYES: Anderson, Risley, Zeuschner NOES: None ABSENT: Lemons, Shelton ATTEST: ARDITH DAVIS, Deputy City Clerk BUD ZEUSC R, Mayor Pro Tem ORDINANCE NO. 263 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AMENDING THE ZONING ORDINANCE, MAP AND TEXT, TITLE 17 OF THE MORRO BAY MUNICIPAL CODE AND RESCINDING ORDINANCE NO. 237 WHICH ESTABLISHED AN INTERIM URGENCY ZONING ORDINANCE WHEREAS, the City of Morro Bay has been working deligently to prepare new and revised zoning regulations to implement its Coastal Land Use Plan (LUP) and, thereby, complete its Local Coastal Program (LCP) pursuant to the California Coastal Act of 1976; and WHEREAS, toward this purpose, the City Planning Commission conducted a long series of public meetings and hearings during 1982 and 1983 on the various new and revised regulations; and WHEREAS, the Planning Commission conducted a PUBLIC HEARING on all this material in November of 1983, followed by a City Council PUBLIC HEARING in December, 1983; and WHEREAS, on August 6, 1984, the Planning Commission did hold another duly noticed PUBLIC HEARING on this consideration including various minor modifications to the earlier versions of the regulations; and did subsequently recommend to the City Council adoption of said revised regulations finding that they would serve to implement the LUP and City General Plan, especially the Land Use Element; and WHEREAS, during the preparation of the new and revised zoning regulations, the City has adopted an Interim Urgency Zoning Ordinance (Ordinance No. 237, as amended) which will no longer be necessary upon the effective date of the new and revised regulations; and WHEREAS, on August 27, 1984, the City Council did hold a duly noticed PUBLIC HEARING to consider aforementioned new and revised zoning regulations which would constitute a revision to Title 17 of the Morro Bay Municipal Code, the Zoning Ordinance. NOW, THEREFORE, the City Council of the City of Morro Bay, California, does ordain as follows: SECTION 1. That Title 17 of the Morro Bay Municipal Code be amended to read as described in Exhibits "A" and "B" which are incorporated herein by this reference; provided, however, that the revised Chapter 17.20 regarding Coastal Development Permit procedures shall not take effect until the California Coastal Commission certifies the City's LCP 8 ORDINANCE NO. 263 Page Two and that until such time, the existing Chapter 17.20 shall remain in effect. SECTION 2. That Ordinance No. 237, is hereby rescinded, effective at such time that the aforementioned amended Title 17 takes effect. PASSED AND ADOPTED by the City Council of the City of Morro Bay, California, at a regular meeting thereof held this llth day of September 1984, by the following roll call vote: AYES: Lemons, Risley, Zeuschner NOES: None ABSENT: Anderson, Shelton 4000010:514111;,/ //7 R NA�•�r�C'`�"' Clerk ATTEST: APPROVED AS TO FORM: BUD ZEUSCH`rR, Mayor Pro Tem MICHAEL LESAGE, City Attorney 9 ERRATA: Exhibit "A -1" page 3 (2.g) third line after "...decision on the application..." add "for development shall not be deemed complete until (1) local decision on tEi appl i anon..." page 4 (2.i) second line of subsection C should read: "...the Coastal Commission... page 5 (2.1) before subsection A, add the following: "All Coastal development permits subject to conditions of approval pertaining to public access and open space or conservation easements shall be subject to the following procedures: first line subsection A should read: "The executive director of the Coastal Commission shall..." first line subsection 2 should read: "The executive director of the Coastal Commission shall..." page 6 (2.1) first line subsection B should read: "If a leea& gevefflmeflt the City requests, the Coastal Commission..." page 7 (4.b) add to last line "...consistent with traffic...' page 7 (5.e) change "Section 17.34.00" to "Section 17.34.100." page 13 (9 -A.1) add to Section 17.40.030 new subsection "D. Precise Plan Areas - "S.5 " District. For development permitted in an "s.5" suffix district, a precise plan in accordance with LUP policies 7.06 or 7.07 and 7.08 shall be tequila" change letteiingfor bsequent'subsections accordingly. page 14 (11.a) first line should read "...policies 1.07A, 1.22 and 1.30..." page 14 (13.b) revise third line to read: "...degraded areas using native, if feasible, and drought resistant plant..." page 14 (13.c) in second line "of" should be "or ". page 15 (13.i) last line, "hold" should be "held ". 1 ERRATA Page Two page 17 (1.b) add to fifth line in Subsection "A ": "...for the following uses, and provided that the development is not located in the Coasts Deve %pment Permit appeal area:" change second line of subsection A.5: "...tte a principal permitted use..." page 18 (1.b) add to end of subsection C: (6) the date the application will be acted upon by the director; and (7) a statement that a public comment period of rsilificient time to allow for FEI—StiEm ission of comments by maid will be held Thor to the director's decision. page 22 (2.h) first line, replace "Section 17.32.090" with "Section 17.32.101' page 22 (3.6) first line, delete "after ". Exhibit "B" (map) The zone for Morro Bay State Park inland of the lower State Park Road and excluding the ESH should be "OA (2) PD" not "OA (1) PD ". The line between the C1 /R4 zone and the R4 zone on the north side of Pacific is midway between Main and Monterey. The S.5 suffix for the Morro Rock /Coleman Park should extend approximately 150 feet to the south to encompass all undeveloped areas west of the street in the vicinity of where the Embarcadero turns into Coleman Drive. The small M -2 zone near the old Chevron pier should read "M- 2 /PD ". 2 V tXHIBIT on -i" ' ZONING ORDINANCE AMENDMENTS 1. CHAPTER 17.12 - DEFINITIONS Revise Section 17.12.010 as follows: Add a new part at the end of the first sentence which reads: "...A11 definitions in the certified Land Use plan (LUP) are • adopted into the Zoning Ordinance by reference, excepting the terms that are defined specifically in this chapter..." 2. CHAPTER17.20 - COASTAL DEVELOPMENT PERMITS AND PROCEDURES a. Revise Section 17.20.020 (page 16) as follows: In subsection (A) delete, "...California Coastal Commission Original Permit Jurisdiction..." and replace with, "...Coastal Development Permit Appeal Area..." In subsection (A2) add at end of subsection, "...(If the City assumes Coastal Permitting authority in the harbor and waterfront area per PRC Section 30519(b)). In subsections (A3) and with $...$100,000. . (A4) replace "...$50,000..." In subsection (B),, "...Development is defined pursuant to Public Resources Code 30106 and shall mean: on land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged materials or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, dr extraction of any material; change in .the density or intensity of use of land, including..." b. Revise Section 17.20.030 (page 17) as follows: Change introduction - "...in this chapter shall apply..." In subsection (1), "...Projects on any tidelands, submerged lands, or on public trust lands, whether filled or unfilled, lying within the coastal zone, for which application..." 1 • a c. Revise Section 17.20 050 (page 18 -19) as follows: Add to subsection (B) (1) "...California Coastal Commission..." Subsection. (B) 2g) delete, "...Coastal Commission's original jurisdiction..." and replace with, "...Coastal Development Permit appeal area..." d. Add Section 17.20.054 as follows: "...Public Notice Requirements on Appealable Developments. At least one public hearing shin be held on each application for an appealable development, thereby affording any persons the opportunity to appear at the hearing and inform the local government of their concerns regarding the project. The public hearing shall be conducted in accordance with existing local procedures as is outlined in Section 17.20.050..." e. Revise Section 17.20.060 (page 20) as follows: After the first complete paragraph on page 20 add, "...Where policies within the Land Use Plan overlap, the policy which is the most protective of coastal resources shall take precedence; and where there are conflicts between the policies set forth in the Coastal Land Use Plan (LUP) and existing ordinances, the policies ofthe'Coastal Land Use plan shall take precedence; the policies of —the LUP shall not conflict with those of the other elements of the General Plan..." f. Add Section 17.20.064 as follows: "...Notice of Local Government Action When Hearing Continued. If a decision on a development permit is continued by the local government to a time which is neither (a) previously stated in the notice provided pursuant to Section 17.20.050, nor (b) announced at the hearing as being continued to a time certain, the loET government shall provide notice otthe furtheriiearings (or action on the proposed development) in the same manner, and withcn the same time limits as estab1fiEe3 . in Section 17.20.050..." 2 ti g Add Subsections 17.20.070 (C) and (E) as follows: "—Finality of Local Government Action. A local decision on the application has been made and all required findings have been adopted including specific factual findings suoportina the legal conclusions that the proposed development is or is rot in conformity with the certified local coastatprogram and, where applicable, with the public access and recreation policies or Chapter 3 of the Coastal Act, and (2) when all local rights of appeal have been exhausted as in Section 17.20.080. E. Notice of Failure to Act. (1) Notification by Applicant: If a local government has failed to act on an application within the time limits "set forth in Government Code Sections 65950- 56957.1, thereby approving the development by operation of law, the person claiming a right to proceed pursuant TT) overnment Code Sections-65950-65757.1 shall notify, in writing, the local government and the Commission of El's or her claim that the development -B-s been approved FC operation of aw. Such notice sEi rl specify the application whichis clainee to be approved. (2) Notification by Local Government: When a local government determines that the time limits established . pursuant to Government Code Sections 65950 - 65957.1 have expired, -Ehe local government shall; within seven (1) calendar days of .such determination, notify by first class mail the Commission and any persons who specifically requested notice of such action by submitting a self - addressed, stamped envelope to the local government of its action. Such';notice sh71T include conditions of approval and written findings and the procedures for appeal of the local decision to the Coastal Commission, and that the application has been approved by operation of law pursuant to Government Code Sections 65950 - 56957.1, and the application may be appealed to the Commission pursuant to Section T772i-.TIT. - -C Fir section sn.a1T applrequalTy to a local government determination that the project has been approved by operation of law and to a judicial determination thatthe project has been approved by operation of law)..." h. Revise Section 17.20.080 (page 20) as follows: Delete from section title, "...Commission's original jurisdication..." and replace with, "...Coastal. Development Permit appeal area..." 3 Subsection (A) second 1 ine delete, "...Original Permit Jurisdiction of the Coastal Commission..." and replace with, "...City's or Coastal Commission jurisdiction for purposes of notice, hearings and appeals..." Subsection (A) second paragraph delete from the las two lines, "...not within the Commission's Original Jurisdiction..." and replace with, "...within the City's jurisdiction..." i. Delete 17.20.080, subsections 8 & C and replace with the following: When an appellant has pursued and exhausted his or her appeal to the local appellate body (bodies) as required by the local government appeal procedures, said appeallant shall be qualified as an aggrieved person;' except that exhaustion of all local appeals shall not be required if any oT Tefol low ing occur: 1)) The local government or jurindice ion require an appeallant to appeal to more local appellate bodies than have been certified as appellate bodies for permits in the coastal zone, in the implementation section of .th•e Local Coastal Program. 2) An appellant was denied the right of tF.e initial local appeal by a local ordinance which' restricts the class of persons who may appeal a local decision; 3) An appellant was denied the right of local appeal v because local notice and hearing procedures for the development did not comply with the provisions tris. Article. 4) The local government jurisdiction charges an appeal fee for-Ere—Tiling or processing of appeals. C. Where a project is appealed by any two (2) members of the Commission, there shah be no requirement of exhaustion of local appeals. Provided, however, that a local government may provide, by ordinance, that notice of commissioner appeals may be transmitted to the local appellate body (which considers appeals from the local body that rendered the final decision,) and the appeal to the Commission may be suspended pending a decision on the merits by that local appellate body. If the decision of the local appellate body modifies or reverses the previous decision, the commissioners shall be required to file a new appeal from that decision It 4 • t 4- Y 3 Revise Section 17.20.090 (page 21) as follows: Delete title and replace with, "...Effective Date of City Action..." Introduction, delete from second line, "...Commission's original jurisdiction..." and replace with "...Development Permit appeal area..." Subsection (B) delete, "...17.20(C)..." and replace with, "...17.20.070(C)..." Add new part after subsection (B) which reads: "the effective date of the City's action may be suspended if either of the above circumstances occur ". k. Revise Section 17.20.120 (pages 23 and 24) as follows: Subsection (D) "Exception ", add to line eight, "...may only be waived..." and on page 24 jKtL'nJ r (tot "...the Director _ of the type..." 1. Add Section 17.20.115 as follows: "...Procedures for Open Space Easements and Public Access Documents. A. The executive director of the commission shall review and approve all legal documents specified in the conditions of approval s a coastal development permit for public access and conservation /open space easements. (1) Upon completion of permit review by the lcoal government and prior to the issuance of the permit, the local government shall forward a copy 'of the permit • conditions. andinidngs of approval and copies of tee legal documents to the executive director of the Commission for review and approval of the legal adequacy and consistency with the requirements of potential accepting agencies; (2) The executive director of the Commission shall have- fifteen (15) working days from receipt of the documents in which to complete the review and notify the applicant of recommended revisions if any; (3)- The local government may issue the permit upon expiration of the fifteen (15) working day period if notification of inadequacy-has not been received by the local government within that time period; (4) If the executive director has recommended revisions to the applicant, the permit shall not be issued until the deficiencies have been resolved to the satisfaction of the executive director; or B. IE a local Government requests, the Commission shall delegate the authority to process the recordation of the necessary legal documents to the government if the local government identifies the department of the local Government or public agency or private association that has the resources r.tar.d authorization to accept, open. and operate and the accessways and open space /conservation areas required as a condition of approval of coastal development permits subject to the following: Upon completion of the recordatio of the documents the local government shall forward a copy of the _permit conditions and findings of- approvat and copies of tSe legal documents pertaiing to the ublc access arid-open space conditions to the executive dire tore tF Commission." 3. CHAPTER 17.32 - RESIDENTIAL, COMMERCIAL, MANUFACTURING AND OPEN AREA DISTRICTS • • a. Revise Section 17.32.040 (page 33) by adding after ,` Mobile Home Parks the statement, "...other permitted uses as stated in"Section 17.60.040 (P).• b. Revise Section 17.32.070 (page 36) by adding, "...asterisk ( *) after barber and beauty shops, liquor stores and service stations..." Add to this same section the following note at the end of the section, "... *These uses are prohibited on the east and west sides of the Embarcadero.. Add the underlined word to the stated use section, "...a single apartment unit or security quarters only when secondary to permitted commercial uses and on rear one -half of lot or upper story. C. Revise Section 17.32.120 (page 44) by adding, "...adjacent to the sea in order to function at all..." d. Revise Sections 17.32.020 through 17.32 :120 (pages 31- 44) by adding at the top of each page the following underlined part, "...the following uses, or uses which are found to be similar and cons i�tert'With the LUP, 6 • will be allowed. 4. CHAPTER 17.33 - WATERFROINT DISTRICT . a. Delete Section 17.33 -020 (page 45) and replace with, "-17.33.020 - Development Defined. For purposes of this chapter, development is defined as stated in section 17.20.020(B)_..." b. Revise Section 17.33.040 (page 45) as follows: "...Chapter. 17.60 of this Title. Development priority shall be given to coastal - dependent uses consistent c. Revise Section 17.33.050 (page 46) as follows: "...The height limit on structures shall be..." d. Revise Section 17.33.090 (page 47) as follows: "...a conditional use permit for new development shall include..." e. Revise Section 17.33.100 (page 47) by deleting "...Chapter 17.48.220..." and replacing with "...Chapter 17.48.200..." 5. CHAPTER 17.34 - COMMERCIAL /RECREATIONAL FISHING DISTRICT a. Revise Section 17.34.020(B) (page 50) as follows: "—Existing uses may remain and be redeveloped in the same use, but shall not be expanded or enlarged, as long as there are no parking demands unmet on the site..." b. Revise Section 17.34.020(C) (page 50) by adding: "...revetments, bulkhead and seawalls as permitted by PRC Section 30610(d)... c. Revise Section 17.34.030(F) (page 51) by adding: "...Power plant cooling water intake facilities, if found to be consistent with Section 17.34.040..." d. Revise Section 17.34.050 (page 51) by changing: "...setback..." to "...buffer..." e. Revise Section 17.34.00 (page 53) by changing: "...Chapter 17.38..." to "...Chapter 17.48.280..." 7 i 6. CHAPTER 17.35 - OPEN AREA DISTRICT a. Revise Section 17.35.030 (page 54) by adding the underlined parts: "...allowed in the Open Area J District or the Open Area (2) District, subject to a conditional use permit..." • b. Add a • new section to Chapter 17.35 as follows: "...Conditionally permitted Uses in the 0A(1) District. The following uses may be allowed in the Open Area (OA) 1 District, subject to a conditional use permit as provided in Chapter. 17.60 of this title. A. Parks, playgrounds and picnic areas. B. Refreshment stands and sports equipment rental. C. Other support structures such as restrooms, dressing rooms, parking lots, lifeguard stations and informational kiosks... c. Revise Section 17.35.030 (page 54) by adding: "...Conditionally permitted Uses in the OA (2) District. The following uses may be allowed in the Open Area (OA) 2 District..." _d. Add Section 17.35.040 as follows: "...Prohibited uses. All non- authorized motor vehicles shall be prohibited from the beach areas o•£ the OA -2 District..." 7. CHAPTER 17.36 - PLANNED DEVELOPMENT (P -D) SUFFIX ZONE DISTRICT a. Revise Section 17.36.040 (page 56) line six as follows: "...density• range of the General . Plan and Coastal Land Use Plan... b. Add to Section 17.36.040 (page 56) last line as follows: "...moderate income families, provision of extraordinary public access, provisions for protecting ESH's, but in all cases these provisions shall meet the Coastal Land Use Plan. Policies..." c. Revise Section 17.36.060(A) (10), (page 57), by adding: "...economic analysis, habitat analysis, archaeological analysis, visual quality analysis, public access analysis, thoroughfare plans... d sk�c�� Qtd.er 5=c -bc-n5 o* 4-his Ghc.p+'.,r ,.n- }•wi4'4s-kA.ndSna, DA p� 4-Ine proccJultb ,:. -N4s ct,c pWr 5khlt "-rely only to conl on"' I permi PA vs ES. 8 • • • • d. Revise Section 17.36.070(A -6) (page 58) by adding: "...view sight lines, ESH mitigation plans, archaeological mitigation plans, visual quality plans, public access mitigation plans, or other features necessary..." .8. CHAPTER 17.38 - HARBOR AND NAVIGABLE WAYS DISTRICT a. Revise Section 17.38.120(8) (page 62) by adding a new subsection which states, "..Any alteration of the Morro Bay wetland area shall be limited to very minor inT cidential public facilities, restorative measures and nature study..." b. Add a new subsection to Chapter 17.38, which states: "...As a condition to approval of any permit for deveTopoent within the Midway Marina, the City shall require that the State Department of Parks and REcreation include tFe mr wav marina in its Morro Bay State Park Master Plan. Permitted uses stall be limited to recreational boat dockage and support services..." 9. CHAPTER 17.39 - AGRICULTURE ZONE a. Add a new section at the beginning of this chapter: "...Intent. It is the intent of the City that it shall maintain the maximum amount of prime agricultural land in gricultural production to assure the protection of TTe area's agricultural economy. i n addition, it is the City's ;intent that all non. -prime agriculture land' .within the City of Morro Bay suitable for agricultural use shall not be converted to non - agricultural uses unless (1) continued or renewed agricultural use is not feasible, or (2) such conversion would preserve prime agricultural land or concentrate development consistent with Public Resources Code Section 30250'..." b. Add a new subsection to the end of 17.39.110- (page 64), which states: "...Feasible shall mean capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors..." c. Delete Section 17.39.130(8) (page 65) and replace with: "...Conditionally permitted Uses. The following may be permitted in the AG zone subject to a conditional use per'm'it: one single family residence; farm labor quarters; public coastal accesswa,ys; greenhouse and nurseries; other uses per the Land Use Plan or Section 17.39.120,- if the appropriate findings 9 c d. are made by the Planning Commission..." Revise Section 17.39.120(D) (page 65) as follows: "...(a) That no alternative building site exists except on prime agricultural lands; and..." "...(b)...will be converted to these..." e. Delete Section 17.39.130 (page 66) and replace with: "...17.39.130 Findings for Permitting Commercial Uses on Non -Prime Agricultural Land. The Planning Commission shall not approve an application for a conditional use permit to allow commercial recreation, visitor - serving commercial or general commercial uses unless the permitted development an non -prime agricultural lands snarl preserve the maximum amount oh agricultural lands in. agricultural use. In addition, in the approving of any land division or non- agricultural use, all of the Yollowinq findings shald be made by the Planning Commission: 'A. Continued or renewed agricultural use is. not feasible without the proposed division and /or supplemental non - agricultural use; 8. The proposed division and /or use will allow for and support the continued use of the site as a productive agricultural unit, would contribute to longterm agricultural viability and would preserve all agricultural lands; C. The proposed division and /or use will result in no adverse effect upon the continuance or establishment of agricultural uses on the undeveloped portion of the property or on surrounding or nearby properties. D. Buffer areas are provided between agricultural and non- agricultural uses; E. Adequate water supply, sewage disposal and other public services are available to serve the proposed development after provision has been made for the continuance of existing agricultural operatiens and future operations which may require water needs exceeding the present needs. F. The proposed division and /or use will not adversely impact environmentally sensitive areas, scenic resources or the rural character of the site..." 10 • 4 • i • f. Insert a new section after 17.39.130 (page 66) as follows: "...Conditions for permitting Commercial uses on non - prime agricultural land. The Planning Commission sna1T not approve an application for a conditional use permit to allow commercial recreation, visitor- serving commercial or general commercial unless the following conditions are met: A. Where continued agricultural use is not feasible without some supplemental non- agricultural use, priority shall be given to public recreational uses, visitor serving recreation and visitor - serving recreation and visitor serving commercial use; B. All property division and/or non- agricultural development on non -prime agricultural land shall require a City approved development plan showing how the proposed division or development would affect the property. Any proposed development shall be6lustered to retain the maximum amount of agricultural land in agricultural production or available for agricultural use or the remaining acreage shall be left in open space if agricultural uses are found to be infeasible; C. Where new non- agricultural developments are permitted on lands in or previously in agricultural production, sensitive habitats shall be protected,, restored and enhanced .as a condition o£ development approval; D. Development shall be Iodated close to' existing roads and shall be sited to minimize impacts on scenic resources, wildlife habitat and streams and adjacent agricultural operations; E. prime agricultural land shall not be removed from production unless consistent with PRC Section 30241; F. Land divisions or development prop osals shall include a means of permanently securing the remaiing acreage in agricultural use, such as agricultural— preserves, open space easements, or granting of development rigEts. Covenants not to further divide shall also be executed and recorde�c prior to issuance of development permits; 11 Z g. G. The creation of a homeowner's or other organization or the submission of agricuiltural mangement plans shall be required to provide for continued agricultural use of agricultural lands and their availability either on a lease or purchase basis. Such organtzT ons or plans shall also provide for the maintenance of water or road systems; H. 'Agricultural lands supplemented by development shall be accompanied by covenants or other suitable recorded mechanisms to ensure tFe maintenance of buffers; I. Agricultural uses shall have priority over commercial uses in terms of all public utilities, including but not limited to eater and sewerage. If the capacities of such utilities are inadequate to serve all uses, all agricultural uses (on prime or non -prime ands) sWa11 be served first wit. the remaining supply going to non — agricultural development; J. Buffer areas between the commercial uses and land inagricu tural use are incorporated into the design of the project; K. The development is found consistent with all General Plan and Coastal Lard Use Policies; and L. All other conditions as required by the Planning - Commission. Revise Section 17.39.140 (page 67) as follows: "...A. Principally. Permitted Uses. Structures permitted in accordance with Section 17.39.120A) above shall' not cover more than five percent (53) of the site..." ..B. Conditionally Permitted Uses. maximum allowable coverage for conditionally permitted uses shall not exceed twenty five percent (25%) of the acreage of the site, except any residential or commercial use shall only cover two percent (23) of the acreage (determination of acreage figures for the Williams property includes the property outside the City limits). h. Modify Section 17.39.160(C) (page 67) by adding to the end of the last sentence: 12 • • "...and the lots are clustered to maintain agricultural feasi i11ty or provide a coordinated open space area..." 10. CHAPTER 17.42 - ENVIRONMENTALLY SENSITIVE HABITAT (ESH) DISTRICT a. Revise 'Section 17.42.020(8) (page 76) by adding at the end of- the section: "...The salinity may be .eriodically increased above the open ocean by evaporation. In general, the boundary between ''wetland" and "estuary" is the line of extreme low water..." b. Revise Section 17.42.030(32) (page 78) as follows: "...The following are conditionally permitted uses in wetlands: very minor, incidental public facilities, data gathering devices and instruments when there is no other feasible, environmentally less damaging alternative; other scientific and educational work; restorative measures; and commercial mariculture where no alteration of the wetland is necessary..." c. Revise Section 17.42.070 (page 80) by adding: "...protection after such consultation. All permitted reductions in.buffer areas shall be found consistent with Policies 11:01, 11.05, 11.06 and 11.14 of 'the Coastal Land Use Plan..." d. Revise Section 17.42.080(8) (page 80) by adding: "...minor nature such as fences, at grade improvements for pedestrian or equestrian trails,..." e. Revise Section 17.42.100(B) (page 81) by deleting and adding: "...minimum amount necessary and revegetation with (1) native vegetation in the habitat areas of rare or endangered specieis, or (2) native, drought tolerant plants where determined feasible and approved by the Citv..." 11. CHAPTER 17.44 - PARKING, DRIVEWAY AND LOADING FACILITIES a. Add Section 17.44.060 as follows: "...If Parking Management Programs and'Districts are established in appropriate downtown business areas, said formations shall be established pursuant to and as provided for in the City's Coastal Land Use Plan (LUP) 13 • policies 1.07A and 1.22. Assessment District financing and /or an in -lieu fee system may be established in order povide adequate off - street parking requirements for new development..." 12. CHAPTER 17.45 - BLUFF DEVELOPMENT STANDARDS a. Revise Section 17.45.030 (page 97) by adding: "... "Toe of the Bluff ", means the point at which the inland extent of a beach or the Mean High Tide Line of the ocean where tFere is no beach meets he —aceof tl bluff..." b. Revise Section 17.45.909 (page 101) by adding to the end of the section the following: "...site, and meets the public access requirements of Section 17.48.280..." 13. CHAPTER 17.43 - GENERAL REGULATIONS, CONDITIONS AND EXCEPTIONS a. Revise Section 17.48.200 (page 109) by adding new subsection between (C) and (D), which states: "...Restores and enhances visual quality in visually degraded areas..." b. Revise Section 17.48.200(D) (page 109) by adding: "...Landscaping to restore and enhance visually degraded areas using native and drought resistant plant and tree species..." and "...Preservation and enhancement of views of the ocean, bay, sandspit and Morro Rock..." c. Revise Section 17.48.280(A2) (page 114)' as follows: "...all new development of additions..." and "...any development or improvement..." . d. Revise Section 17.48.280(A) 2a) (page 114 as follows: "...a. A change in the category of land use, a change in intensity of use or change of use..." e. Revise Section 17.48.280(4) (page 115) as follows: "...that maximum provision for public viewing areas..." f. Revise Section 17.48.280(C) (la) (page 115) as follows: "...inconsistent with public safety, military security needs or..." g. Add Section 17.48.280 (pages 114 -116) by adding a new subsection which states: "...Notwithstanding the requirements of this section additional public access provisions on the southern wF /PD District will be 14 • • required as stated in Policy 1.29 of the Coastal Land Use Plan..." h. Revise Section 17.48.300(C) (page 121) by adding: "...and is consistent with all ESH protection policies..." i. Revise Section 17.48.310 (page 121) by adding a new section as follows: "...Intent. It is the City's intent that significant archaeological and historic resources shall be protected, to the greatest extent possible both on public and privately hold lands..." j. Revise Section 17.48.310(A) (page 121) as follows: "...shall be required as a part of initial review for application submittal for the following..." k. Revise Section 17.48.310(B) (2b) (page 121) as follows: "...by the archaeologist, and /or one of the following..." 1. Add a new section in 17.48.310 (pages 121 -121A) that states: "—Activities other than development which could damage or destroy archaeological resources including, but not limited to off —road vehicle activity and unauthorized collecting of artifacts, shall be prohibited unless specifically permitted by the Planning Commission with provisions for adequately protecting any archaeological resources..." 14. CHAPTER 17.49 — COMMUNITY HOUSING PROJECT REGULATIONS a. Revise Section 17.49.030 (page 125) by adding: ":'..and a finding that the project is consistent with the General Plan and Coastal Land Use Plan and farther provided that..." b. Revise Section 17.49.070(A) (2) (page 129) by adding: "...general plan and coastal land use plan,..." 15. CHAPTER 17.60 — USE PERMITS AND VARIANCES a. Revise Section 17.60.040(P) (page 151) as follows: "...Beach Street on the north, Olive Street on the south, Main Street on the east and the waterfront on the west..." b. Revise Section 11'.60.060 (page 155)' by adding: "...and; That the variance is found consistent with 4ke iniiwt 4 the Land Use Plan of the Local Coastal Program...' a 15 c. Revise Section 17.60.070 (page 155) by adding: "...C. That the variance request is consistent with the intent the Coastal Land Use Plan... 16 4' ZONING ORDINANCE CHANGES AS PROPOSED BY STAFF I. CHAPTER 17.12 - DEFINITIONS a. Insert a new section after 17.12.190 as follows: Customer Service Area. "Customer Service Area" means the cross floor area used or intended to be used for service to the public; i.e. customers, patrons, clients, or. visitors. It shall not include areas used principally for nonpublic purposes such as utility rooms, storage areas, kitchens, toilet or restrooms, or display /advertising areas. b. Insert a new section after 17.20.120 as follows: Administrative Permits. A. Uses Requiring an Administrative Coastal Development Permit. The Director may process as an administrative permit any coastal development permit application specifically for the following uses: (1) improvements to an existing structure; (2) any single family dwelling; (3) development of four (4) dwelling units or less that does not require demolition; (4) any other developments not in excess eoft one ndred thousand dollars ($100,000) any subdivision of land; and (5) any development specifically authorized as the principal permitted use in accordance with the certified Land Use Plan and not requiring a conditional or special use permit, or a variance. B. Notice of Administrative Permits. Within five (5) days of the filing of the application, notice of the submission of a coastal development 4 permit appfiTaition shall be posted at the site of the proposed development in a conspicuous place and at the 17 • .4 Morro Bay Branch of the public library by the applicant using a l:orm provide3—by the Director. Failure on the part of the applicant to post and maintain said notice throughout the permit process shall constitute grounds for suspension of the permit process by the City. Notice shall also be sent'by first class mail to the Executive Director of the Coastal Commission and to all persons who have requested to be on the mailing list for that development project. C. Contents of Notice. The notice form required pursuant to subsection (B) above, shall include the following information: (1) a statement that the development is within the coastal zone; (2) the date of filing of the application and the name of the. applicant;. (3) the case number assigned to the application; (4) a description of the proposed development and its location; (5) a brief description of the general procedure concerning permit approvals and appeals. D. Action by the Director. The Director may deny, approve or conditionally approve applications for -administrative coastal development permits on the same grounds as contained in Section 17.20.060. Permits issued for such developments shall be governed by the standards used in approving coastal development permits pursuant to this Chanter. E. Approval After Comment Period. The Director may not approve or conditionally approve administrative coastal development permits sooner than ten (10) days after notice of the filing of the permit application has been sent pursuant to this section, in order to Tow reasonable time to accept and consider comments on the application. F. Time Limit for Action. The Director shall act on administrative coastal development permits within tftrty (30) days of acceptance of the application for filing, except for developments for which other Cites licenses, permits or entitlements are required by the Morro Bay Municipal Code. In cases where other 19 • • t9 • licenses, permits or entitlements are required, the Director shall act on the administrative coastal development permit within thirty (30) days of the granting of all such other licenses, permits or entitlements. G. Effective Date of Administrative Permit. 1) An administrative permit shall not be effective until the Planning Commission has had an opportunity to review the matter ;Tits cirsc scheduled meeting after the permit has been issued by the Director. 2) Any administrative permit issued by the Director shall be placed on the agenda of the Planning Commission at the Commission's first scheduled meeting after the permit is issued. The Director shall prepare a report in writing to the Planning Commission on the permits. Such reports shall be available to the public. 3) If two Planning Commissioners so request, the issuance of the administrative permit shall not become effective, but shall, if the applicant wishes to pursue the application, be treated as a non.— administrative coastal development permit apoTtcation governed by this chapter. H. Appeal of the Director's Action. Any person, including the applicant, may appeal the decision of the Director to the Planning Commission within ten (10) days of the Director's decision. Further appeals to the City Council and to the Coastal Commission may also be pursued in accordance with Sections 17.20.070 and 17.20.080 I. Amendments to Administrative Permits. (1) Amendments to administrative permits may be approved by the Director upon the same criteria and subject to the same reporting requirements and procedures, including public notice and appeals, as provided for issuance of administrative permits in Sections 17.20.130 (A) through (F) inclusive. (2) If any amendment would, in the opinion of the Director, change the nature of the project so it no longer meets the criteria established far treating the application as an administrative permit pursuant to Section 17.20.130 (A), then the application shall thereafter be treated in the manner prescribed by this Chapter dealing with amendments to permits other than 19 a • -• administrative permits. 2. CHAPTER 17.32 - RESIDENTIAL, COMMERCIAL AND INDUSTRIAL DISTRICTS a. Revise Section 17.32.020 as follows: Add new,part at the bottom of page which reads: "...Note: Garage setback is normally twenty (20) feet from the property line except as provided in Sections 17.40.030(A) and 17.48.042(A) and (B)..." b. Revise Section 17.32.030 as follows: Add a new part at the bottom of page which reads: "...Note:' Garage setback is normally twenty (20) feet from the property line except as provided in Sections 17.40.030 (A) and 17.48.042(A) and (B)..." c. Revise Section 17.32.040 as follows: Add a new part at the bottom of page which reads: "...Note: Garage setback is normally twenty (20) feet from the property line except as provided in Sections 17.40.030 (A) and 17.48.042 (A) and (B)..." d. Revise Section 17.32.040(D), Height Limit; (E), Miminimum Building Site; (F), Minimum Lot Width; (H), Minimum Front Yard; (I), Corner Lot; (J) Interior Side Yard; (K) Minimum Rear Yard; and (M) Maximum Lot coverage, as follows: Delete reference to a proposed zoning chapter for each aforementioned subsections and replace with the following phrase: "...per- CU ?..." e. Revise Section 17.32.040.(G), Minimum Lot Area, as follows: Delete reference to a proposed zoning chapter and replace with the figure, "...2,900... f. Revise Section 17.32.050 as follows: Add a new part at th'e.bottom of page which reads: "...Note: Garage setback is normally twenty (20) feet from the property line except as provTaed in Sections 17.40.030 (A) and 17.48.042 (A) and (B)..." 20 • • r t g. Revise Section 17.32.050(D), Height Limit; (E), Minimum Building Site Square Footage; (F), Minimum Lot Width; (H), Minimum Front Yard; (I), Corner Lot; (J), Interior Side Yard; (K), Minimum REar Yard; and (M), Maximum Lot coverage, as follows: Delete reference to a proposed zoning chapter for each aforementioned subsections and replace with the following phrase: "...per CUP..." •• " h. Revise Section 17.32.050(G), Minimum Lot Area per Unit, as follows: Delete reference to a proposed zoning chapter and replace with the figure, "...2,900..." i. Revise Section 17.32.070 as follows: Add a new part at the bottom of page which reads: "...Note: Garage setback is normally twenty (20) feet from the property line as provided in Sections 17.40.030 (A) and 17.48.042 (A) and (B)..." j. Revise Section 17.32.060(F), Minimum Lot Width; (H), Minimum Front Yard; ( *), Corner lot; (3), Interior Side Yard; (K) Minimum Rear yard; and (M) Maximum Coverage, as follows: Delete reference td.a proposed zoning chapter for each aforementioned subsections and replace with the following phrase: "...per CUP..." k) Revise Section 17.32.060(G), Minimum lot area per unit as follows: Delete reference to a proposed zoning chapter and replace with the figure, "...2,900..." 1) Revise Section 17.32.080 as follows: Add a new part to the list of conditional uses which .reads: "...Retail Sales and Personal Services not within a building, including food service establishments such as drive -in or drive -thru restaurants, sandwich shop, ice cream parlor with no..more than two (2) employees m) Revise Section 17.32.090 by adding to the list of conditionally approved uses, "Video Arcades ". 21 h) Revise Section 17.32.090 (8) as follows: Delete "...Medical and Dental Offices and Clinics..." as jY principally permitted uses. Add a new part to the list of conditional uses which reads:. "...offices of meeting facilities of nonprofit organizations; Medical and Dental Offices and Clinics; Medical, Dental, and Optometric Laboratories..." 3. CHAPTER 17.40 - SPECIAL TREATMENT COMBINING DISTRICTS a) Revise Section 17.40.030(A) - S.1•District by adding the underlined parts: "...Minimum front yard required, ten feet (including garage entry setback)..." b) Revise Section 17.40.030(A) - S.2 District, by adding the underlined parts: ..Minimum front yard required, fifteen feet (including garage entry setback)... CHAPTER 17.48 GENERAL REGULATIONS, CONDITIONS, AND - EXCEPTIONS a) . .Delete Section 17.48.040 and replace with: "...Accessory buildings. A. Accessory buildings shall be constructed with, or subsequent to;. the construction of the main building. B. Where an accessary building is attached to the main blllldl g, it shall be structurally a part of and have a common 'roof system with the main building, and shall coyly in all respects with the requirements e£ this title applicable to the main building. Unless so attached, an accessory building in an R district shall • be located on the rear one -half of the lot or any 4 adjacent lot..." b) Insert a new section after 17.48.042 as follows: "...Garage Buildings -- General Requirements. 22 3 • A. A garage shall not be located within. five feet of any alley. In the case of a corner lot, a garage shall not project beyond the front yard required or existing on the adjacent. lot, but may extend to within one foot of the property line along the rear yard or interior side yard. B. Residential garage entrances fronting on any l Tine shall be located not less than twenty (2) feet from said lot line except as provided elsewhere in this title. C. Notwithstanding any other requirements in the title, in cases where the elevation of the front half of the lot at a point fifty feet from the centerline of the public right -of -way is seven feet above or below 1Te grade of said cente-li. ^.e, a private aaraae, attached or detached, may be built to within five t'eet of the front line of the lot. E' }rtkcrcaer'• — r nre �-- re Gri.ct ue Eei g h.t limizatLanit -- :no-t- wi- t- hstandrn u� aa%�g s -� smirch -lots may- be -bat1t to- a- he -ich.t -not - to- eicezed - fe'e't-nbve`th'eq'r'an• -il n._ o47t -h-s- -gotta c fort; d i roTr-w'h'1 c fly e 4 a-:'atre - take s—aec es 3-7-77-- C. Delete Section 17.48.340 and replace with: "...Satellite Dish Antennas in Residential District. The intent of this section is to establish regulations which allow for the reasonable use of various telecommunicaion reception technologies while at the same time protecting_ other community values such as public safety, views and neighborhood character. A. Small Dish Antennas. Any satellite dish antenna whicn is equal to, or less tFn 30 inches i 3iameter or equal to, or less than seven square feet in area,may be permitted in any residential district in conjunction with a residential use provided, however, that said • satellite t o is required 1 r sa� 1_i dish antenna not located ir. any cu_ e setback area and ti:e heiht limit for the district is not exceeded. B. Large Satellite Dish Antennas. Satellite dish antennas which are larger than 30 inches in diameter or seven square feet in area may be permitted in any • residential district in conjunction with a residential use subject to the following standards: 1. Such satellite dishes shall not be located in any required setback. 23 '2. The ".Fight limit for the disc t t shall not be exceeded. 3. Such antennas shall be located above the first floor or enclosed within a six foot blob fence. 4. No detached satellite dish antenna shall be located closer than. Six (6) feet from any building. C. Exceptions. Any satellite dish antenna which does not meet the requirements of section A or B abc.ve, may be perm -fitted in any residential district in conjunction with a residential use subject to obtaining a Conditional Use Permit -From the Planning Commission. In addition to the findings required by Chapter 17.60, r-- Ee Planning Commission shall also find that t e intent of this section is satisfied iits coneiuerat of the use permit request..." CHAPTER 17.60 - USE PERMITS, ZONING VARIANCES a. Insert a new subsection after 17.60.040(R) "...Embarcadero Non - Permanent Vendors. The special use permit is to provide retail sale from a moveable structure, stand or appurtenance in the area labeled "Embarcadero ". The "Embarcadero" is definied as the area between Beach Street on the north, Main Street on the east, Olive Street on The south and the waterfront on tFe west, and including the Embarcadero no.rth of Coleman Drive. 1. Non - Permanent Vendor(s) -- General Provisions a. A Non - permanent Vender shall submit a site plan indicating the location of the operation, relative surrounding buildings, parking lots and public right of ways, as well as such other inTormat o deemed necessary by the Director. b. Non- permanent Vendor applications) shal.1 be reviewed by the Harbor Commission prior to the public hearing by the Planning Commission c. A Non - permanent Vendor shall obtain County Health permits and a Cit./business license. d. Comprehensive public liability and property damage insurance shall be secured naming the City as the additional insured by all non - permanent vendors as required of the master leasehold with the City. The Planning Commission may require similar insurance provisions for vendors not located on lease sites as deemed necessary. 24 • • e. On City - administered property (lease sites), the vendor shall submit a sub- lease•agreement with the Leasee and Lease Amendment Agreement for City Approval, as necessary. Such lease operations shall be a permitted lease use or use amendment as requested. All retail sales resulting from lease operations are subject to percentages of cross sales when calculating lease rent payments on certain City leases. f. All vending apparatus shall be removed at the close of business daily. g. Vendors shall be at designated locations; "roving" (i.e. moving from one location to another) shall not be permitted. h. Vendors are precluded from operations on all public rights of way. A Non- Permanent Vendor,therefore, is restricted to private or City leased property. 2. Non - permanent Vendor(s) - - Standards. The following standards shall apply to all vendors: a. Design. Vending apparatus shall be visually tarmonious with the waterfront area and shall visually enhance its surroundings. b. Signs. Signs should be affixed to the apparatus, and shall not exceed eight (8) square feet. c. Hours. Vending operations shall be set up prior to -peak visitor hours and shall be removed after such hours. The Planning commission may set specific times for movement of the operation considering location and season. d. Lighting. Any associated lighting shall be directed downward and of such an intensity to avoid glare or visual distraction on the Embarcadero. • e. Litter. Applications' shall include provisions for litter containment and clean -up of sales items or packaging, as appropriate. f. Noise. Excessive noise shall not be permitted. Requests for music shall be considered individually, and shall be permitted only if the Planning Commission finds that nearby establishments will not be disturbed. g. Vandalism. Vendors shall provide for the security of vending apparatus. 25 • a ,1 i 0 h. Conflict with Merchants. Vendors shall not interfere with access to any public or private facility. i. Utility Hookups. Utility hookups shall be installed as needed. Hookups may be similar to those utilized bv recreational vehicles. Hookups shall be located to avoid danger to pedestrians. Such utility facilities shall be underground or otherwise visually screened. j. Pedestrian Access. Vendors shall be permitted only in locations whi —ch 1,7111 not conflict with pedestrian access. k. Emergency Access. Vendors shall be permitted only in locations which will not interrupt traffic flow or emergency access. 1. Circulation. Locations for all such operations shall be reviewed and approved by the—City Engineer, Fire Chief and Police Chief, to ensure that the oeprations will not interfere with vehicular or pedestrian circulation patterns. Fut:Wermore, existing public parking shall not be curtailed or restricted by the operations. m. Sanitation Facilities. All vendors shall arrange for access to a restroom or the operator; such facility for any vendor with —Mid operations shall TeTe hot and cold running water. n. Parking. After considering the nature of the business and the expected number of employees, the Planning Commission may require the provision of employee parking'as a condition of approval... ". 26 r. ` ZHING MAP THE CITY OF MORRO BAY SAN LUIS OBISPO COUNTY, CALIFORNIA LEGEND SYMBOL ' DISTRICTS R - A R - I R -2 R -3 R -4 C-I-N C - I C -2 VS -C I/. - I 1.. - 2 PD 0 -A -s — e — MW Ai P. WF CF 6-0 R ESN. ESR Sr! Suburban Residerdinl Single Family Residenticl Duplex Residential Multiple Emily Residential M.ulliple fie sidenlial Neighborhood Commercial Cenlrol cosiness Sereict Conant/cirri Visitor Serving Commercial Light Indusl6al Cacslei Dependent Indu :lriol Planned Untl Development Open Arco Sufis Zones Mobile Iloi Eu11 ix 1.in:Wherel'.O::i e Suffix Enviro r mentally Sensitive Ho bitol Agriculture Harbor 8 Nev:gob!e Ways Water Irani Commercial / Rec.' e o Ronal Fishing General 01 Tice Re st r i clad Design Crilerie Suffix IS.4) 2:nfne Boundary Careefele BNader! n SS rV _'j \(2)Plll� rs. 1; EXHIBIT NO. / API'LICATLION NO. l?Oa/'0 hL4' Ic.W:t 4 --- "Am Jjry/n �. /':Sr! !(p R' �s•�'i ric.% APPLICATION NO. 0/Z f?_0 24 5°AnAL6L 4,t4Z),Lnalf gpttM (11.0. C:.Liorr■rt Constal C:nnmint.lon ORDINANCE NO 262 AN ORDINANCE AMENDING THE "ZONING MAP OF THE CITY OF MORRO BAY" AS REFERENCED AND INCORPORATED IN SECTION 17.28.010 OF THE MORRO BAY MUNICIPAL CODE T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, on February 6, April 16, June 18 and July 16, 1984, the Planning Commission of the City of Morro Bay, California, did hold duly noticed public hearings to consider amendments to the Zoning Map of the City of Morro, as illustrated on Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, after said public hearings, the Planning Commission did recommend to the City Council approval of said amendments; and WHEREAS, the City Council did find that said amendments are beneficial and necessary for the implementation of the City's Coastal Land Use Plan and General Plan. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Morro Bay, as follows: 1. That the Morro Bay Zoning Map, referenced and incorporated in Section 17.28.010 of the Morro Bay Municipal Code, ishereby amended as illustrated on Exhibit "A" which is attached hereto and incorporated herein by this reference. 2. That said map amendments shall not take effect unless and until they are submitted to and certified by the California Coastal Commission, pursuant to the California Public Resources Code Sections 30513 and 30514. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof on the 27th day of August, 1984, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None 1 LLLL �. LJ11 -it AREA "e' I i 1 11 1 .1;I I .1- \ — l MONTEREY MAIN 1 i I l'�J •`l" st,.?�j P...<cl . & -tone ling • tl1 U1 YEA °'iM+.i ..� >:YiJYi -Y: I ' � ti 0 0 0 - 0 NiVI\ o\ Zoning Map Revisions "Exhibit A" Area Zoning A B C1 C2 IT! (r;11 :1 AREAS C1.4 C2 . 'Cr :; Twe :l407cls re• I 1.1111 �� I I pia MSCd-zomn.� I '1 —� d•sV %•cja I H l • J� I I I ;��hEt fa,, 1 1 i:.'I1 KI { 1 ` O x V nl 1 IQ I rt- rc f 1 08ao Si C -1 R -2 R -3/S.3 R -3 R -1 /PD ■ ORDINANCE NO. 261 AN ORDINANCE AMENDING MORRO BAY MUNICIPAL CODE CHAPTER 2.24 REGARDING THE PARKS AND RECREATION COMMISSION T H E C I T Y C O U N C I L City of Morro Bay, California The City Council of the City of Morro Bay does ordain that Ordinance 54 and Chapter 2.24 of the Morro Bay Municipal Code be amended to read as described in Exhibit "A" attached hereto. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting of the City Council held thereof on the 25th day of June , 1984, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner NOES: None ABSENT: Shelton ATTEST: BUD ZEUSCH ARDITH DAVIS,' DEPUTY CITY CLERK APPROVED AS TO FORM: MICHAEL T. LESAGE CITY ATTORNEY MAYOR PRO TEM !TN' Sections: 2.24.010 2.24.020 2.24.030 2.24.040 2.24.050 2.24.060 2.24.070 2.24.080 2.24.090 2.24.100 2.24.110 2.24.120 2.24.130 2.24.140 aEXHIBIT "A" Chapter 2.24 PARKS AND RECREATION COMMISSION* 024.010-2.24.050 Established. Qualifications. Ex Officio Members. Terms of Office and Vacancies. Appointments. Organization. Procedure. Quorum. Absence from Meetings. Secretary -- Minutes. Duties and Responsibilities. Recreation Department. Recreation Director -- Appointment. Recreation Director -- Meeting Attendance -- Reports. 2.24.010 Established. There is created a parks and recreation commission composed of five members. (Ord. 54 § 1 (part), 1966: prior code §2621.) 2.24.020 Qualifications. The regular members of the commission shall be qualified electors of the city and shall serve without compensation. The members of the commission shall include five members of the public who shall hold no other public office in the city. (Ord. 54 §1 (part), 1966: prior code ®2622.) 2.24.030 Ex Officio Members. There shall be two ex officio members on the commission consisting of one member of a youth serving organization in the Morro Bay area and one member of a community service organization. Ex officio members shall be appointed by the mayor. (Ord. 54 §1 (part), 1966: prior code §2623.) 2.24.040 Terms of Office and Vacancies. Regular members of the commission shall serve for a period of four years beginning on July 1, 1966. The term of ex officio members shall terminate on December 31 of each year. The terms of two members shall expire on December 31, 1984 and every four years thereafter; and the terms of the three other members shall expire on December 31, 1986 and every four years thereafter. Vacancies in the commission occurring otherwise than by expiration of term shall be filled in the manner hereinafter set forth for appointments. All members shall serve at the pleasure of the City Council. (Ord. 54 §1 (part), 1966: prior code §2624.) 2.24.050 Appointments. Appointments for the commission (other than ex officio) and the filling of vacancies shall be made by the City Council. Vacancies shall be filled for the unexpired term only. (Ord. 54 §1 (part), 1966: prior code M2625.) *For statutory provisions regarding parks and playgrounds, see Gov. Code §38000 et seq.; for provisions regarding municipal control of certain parks, see Public Resources Code §5181 et seq. 2.24.060- 2.24.110 2.24.060 Organ tion. At its first regul$ meeting following July 1st of each year, the members of the commiss shall elect a chairman and a vice chairman, who shall hold office for one year. The chairman shall preside over meetings, appoint appropriate committees, sign resolutions and direct the affairs, including establishing the meeting agenda, of the commission. In the absence of the chairman, the duties of this office shall be performed by the vice chairman. (Ord. 54 §1 (part), 1966: prior code §2626.1.) 2.24.070 Procedure. The commission shall adopt rules and regulations to govern procedure and shall set a time for regular meetings which will be held at least once a month. (Ord. 54 81 (part), 1966: prior code 62626.2.) 2.24.080 Quorum. A majority of members shall constitute a quorum. (Ord. 54 81 (part), 1966: prior code 62626.3.) 2.24.090 Absence from Meetings. Absence of a member from three consecutvie meetings, without formal consent of the commission noted in its official minutes, constitutes the voluntary resignation of such absent member and the position shall be declared vacant. (Ord. 54 61 (part), 1966: prior code 82626.4.) 2.24.100 Secretary -- Minutes. The Director of the Recreation Department shall serve as or appoint a secretary to maintain accurate minutes of the activities and official actions of the commission. (Ord 54 61 (part), 1966: prior code §2626.5.) 2.24.110 Duties and Responsibilities. The duties and responsibilities of the parks and recreation commission shall be to: A. Act in an advisory capacity to the City Council in all matters pertaining to parks and public recreation and to cooperate with other governmental agencies and civic groups in the advancement of sound park and recreation planning and programming; B. Formulate policies on recreation services for approval by the City Council; C. Meet with the City Council in March and in December of each year to discuss proposed policies, programs, budgeting, future needs or other matters requiring joint deliberation; D. Recommend to the City Council the development of recreational areas, parks, facilities, programs and improved recreation services; E. Recommend to the City Council the adoption of standards concerning parks and recreation in respect to organization, personnel -, areas and facilities, program and financial support; F. Assist in coordinating recreation services with the programs of governmental agencies and voluntary organizations; G. Advise the Recreation Director in the preparation of the annual parks maintenance, park improvement and Recreation Department budget and long range park and recreation facilities improvements; H. Adopt rules and regulations governing the use of recreation areas and facilities consistent with ordinances of the city. (Ord. 54 611 (part), 1966: prior code 62627.1 -- 62627.12.) --, / 2.24.120 - 2.24.140 24.120 Recre on Department. A recreat department is established for the C.ty. The functions of this t partment are to provide opportunities for wholesome, year round public recreation service for all age groups. The Recreation Department shall further be responsible for development of park and recreation facilities, the planning of facilities and standards in the City. (Ord. 54 §1 (part), 1966: prior code §2628.) 2.24.130 Recreation Director -- Appointment. The city administrator shall appoint a recreation director to administer the recreation department, under the direction of the city administrator. (Ord. 54 §1 (part), 1966: prior code §2629.) 2.24.140 Recreation Director -- Meeting Attendance -- Reports. The Recreation Director shall attend meetings of the commission and shall make such report to the commission as requested. (Ord 54 §1 (part), 1966: prior code §2630.1.) ORDINANCE NO. 260 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AMENDING SECTION 3.24.020 OF THE MORRO BAY MUNICIPAL CODE EXTENDING THE TRANSIENT OCCUPANCY TAX TO RENTALS IN RECREATIONAL VEHICLE PARKS AND MOBILE HOME PARKS T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City has long levied a transient occupancy tax on the privilege of rental occupancies of thirty days or less in hotels, motels, or other lodging; and WHEREAS, this Council finds that it is appropriate and equitable to extend the transient occupancy tax to include rentals in recreational vehicle and mobile home parks because of the demands on City streets, police, fire protection and other general governmental services created by such transient occupancies; and WHEREAS, this Council finds that it is necessary to develop additional revenue to fund increasing costs of providing general governmental services; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Morro Bay as follows: SECTION 1. That Section 3.24.020 (A) of the Morro Bay Municipal Code be amended to read as follows: 3.24.020 (A). "Hotel" means any structure, or any portion of any structure which is occupied or intended or designed for occupancy by transients for dwelling, lodging, or sleeping purposes, and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobilehome or house trailer at a fixed location or other similar structure or portion thereof; and shall further include any space, lot, area or site in any trailer court, recreational vehicle park, mobile home park, camp, park or lot where a trailer, tent, recreational vehicle, mobile home, motorhome, or other similar conveyance is occupied or intended or designed for occupancy by transients dwelling, lodging or sleeping purposes. (NOTE: Amendment is shown underlined.). SECTION 2. This amendment shall be effective July 1, 1984 and thereafter. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 29 day of May , 1984, by the following roll call vote: AYES: Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: Anderson ATTEST: �1 S.6 _ILA I PE JI:1TCHANAN, DEPUTY CITY CLERK Nor EUGj;' R. SHELTON, MAYOR ORDINANCE NO. 259 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AMENDING SECTION 1 OF ORDINANCE NO. 116, SECTION 1 AND 2 OF ORDINANCE NO. 124, AND SECTION 10.32.010 OF THE MORRO BAY MUNICIPAL CODE RELATIVE TO PRIMA FACIE SPEED LIMITS T H E C I T Y C O U N C I L City of Morro Bay, California THE CITY COUNCIL OF THE CITY OF MORRO BAY HEREBY ORDAINS AS FOLLOWS: Section 1 of Ordinance 116, Section 1 and 2 of Ordinance No. 124, and Morro Bay Municipal Code Section 10.32.010 shall be amended as follows: The prima facie speed limit on Quintana Road between Morro Bay Boulevard and La Loma Avenue shall be 30 mph. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 12th day of March , 1984 by the following roll call vote: AYES: Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: Anderson ATTEST: PAUL BAXTER, City Clerk ORDINANCE NO. 258 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ADDING SECTION 14.60.240 TO CHAPTER 14.60 OF THE MORRO BAY MUNICIPAL CODE REGARDING THE UNDERGROUND STORAGE OF HAZARDOUS SUBSTANCES T H E C I T Y C O U N C I L City of Morro Bay, California THE CITY COUNCIL OF THE CITY OF MORRO BAY DOES HEREBY ORDAIN AS FOLLOWS: Section 1. That Chapter 14.60 of the Morro Bay Municipal Code be amended to add Section 14.60.240 as follows: Section 14.60.240 Underground Storage of Hazardous Substances It is the purpose of this chapter to establish standards for the construction and monitoring of facilities used for the underground storage of hazardous substances, and to establish a procedure for issuance of permits for the use of these facilities. (1) Definitions. For the purpose of this section, the following words and phrases are defined, and shall be construed as hereinafter set out, unless it shall be apparent from the context that they have a different meaning: (a) "Council" means the City Council of the City of Morro Bay. (b) "Facility" means any one, or combination of, underground storage tanks used by a single business entity at a location or site. (c) "Hazardous substance" means all of the following liquid and solid substances, unless the State Department of Health Services, in consultation with the State Water Resources Control Board, determines the substance could not adversely affect the quality of the waters of the City or region: Ordinance No. 258 • (1) Substances on the list prepared by the Director of the Department of Industrial Relations pursuant to Section 6382 of the Labor Code of the State of California. (2) Hazardous substances, as defined in Section 25316 of the Health and Safety Code of the State of California. (3) Any substance or material which is classified by the National Fire Protection Association (NFPA) as a flammable liquid, a class II combustible liquid, or a class III -A combustible liquid. (d) "Operator" means the operator of an underground storage tank. (e) "Owner" means the owner of an underground storage tank. (f) "Permitting Authority" shall be the County Health Officer or his designee. (g) "Person" means an individual, trust, firm, joint stock company, corporation, including a government corporation, partnership, and association. "Person" also includes any city, county, district, the State, or any department or agency thereof. (h) "Pipe" means any pipeline or system of pipelines which is used in connection with the storage of hazardous substances and which are not intended to transport hazardous substances in interstate or intrastate commerce or to transfer hazardous materials in bulk to or from a marine vessel. -2- Ordinance No. 258 • (i) "Primary containment" means the first level of containment, such as the portion of a tank which comes into immediate contact on its inner surface with the hazardous substance being contained. (j) "Product= tight" means impervious to the substance which is contained, or is to be contained, so as to prevent the seepage of the substance from the primary containment. To be product- tight, the tank shall not be subject to physical or chemical deter4 . ioration by the substance which it contains over the useful life of the tank. (k) "Secondary containment" means the level of containment external to, and separate from the primary containment. (1) "Single- walled" means construction with walls made of only one thickness of material. For the purpose of this section, laminated, coated, or clad material shall be considered single - walled. (m) "Special inspectors" means a professional engineer, registered pursuant to Chapter 7 (commencing with Section 6700) - Division 3 of the Business and Professions Code of the State of California, who is qualified to attest, at a minimum, to structural sound- ness, seismic safety, and compatibility of construction materials with contents, cathodic protection, and the mechanical compatibility of the structural elements. (n) "Storage ", or ":store" means the containment, handling or treatment of hazardous substances, either -3- Ordinance No. 258 • • on a temporary basis or for a period of years. "Storage" or "store" does not mean the storage of hazardous wastes in an underground storage tank if the person operating the tank has been issued a hazardous waste facilities permit by the State Department of Health Services pursuant to Section 25200 or granted interim status under Section 25200.5 of the Health and Safety Code of the State of California. (o) "Unauthorized release" means any release or emission of any hazardous substance which does not conform to the provisions of this chapter, unless this release is authorized by the State Water Reousrces Control Board pursuant to Division 7 (commending with Section 13000) of the Water Code of the State of California. (p) "Underground storage tank" means any one or combination of tanks, including pipes connected thereto, which,is used for the storage of hazardous. substances and'.. which is substantially or totally beneath the surface of the ground: "Underground storage tank" does not include any of the following: (1) A tank used for the storage of hazardous substances used for the control of external parasites of cattle and subject to the supervision of the County Agricultural Commissioner if the County Agricultural Commissioner determines, by inspection prior to use, that the tank provides a level of protection equivalent to that required by subsection (03) , if the tank was -4-- Ordinance No. 258 • installed after June 30, 1984, or protection equivalent to that provided by subsection (04) , if the tank was installed on or before June 30, 1984. (2) Tanks which are located on a farm and store motor vehicle fuel which is used only to propel vehicles used primarily for agricultural purposes. (3) Tanks used for aviation or motor vehicle fuel located within one mile of a farm and the tank is used by a licensed pest control operator, as defined by Section 11705 of the Food and Agricultural Code of the State of California, who is primarily involved in agricultural pest control activities. (4) Structures such as sumps, separators, storm drains, catch basins, oil field gathering lines, refinery pipelines, lagoons, evaporation ponds, well cellars, separation sumps, lined and unlined pits, sumps and lagoons. Sumps which are a part of a monitoring system required under subsections (03) and (04) are not exempted by this Section. (2) Design standards and monitoring systems for new facilities. No underground storage tank or facility shall be installed after January 1, 1984, unless a Permit to Operate is first obtained from the Permitting Authority. A Permit to Operate shall not be issued for any underground storage tank or facility installed after January 1, 1984, unless the underground storage tank or facility meets the following requirements: -5- Ordinance No. 258 • (a) Be designed and constructed to provide primary and secondary levels of containment of the hazardous substances stored in them in accordance with the following performance standards: (1) Primary containment shall be product- tight. (2) Secondary containment shall be constructed to prevent structural weakening as a result of contact with any released hazardous substances, and also shall be capable of storing for the maximum anticipated period of time necessary for the recovery of any released hazardous. substance. (3) In the case of an installation with one primary container, the secondary containment shall be large enough to contain at least 100 percent of the volume of the primary tank. (4) In the case of multiple primary tanks, the secondary container shall be large enough to contain 150 percent of the volume of the largest primary tank placed in it, or 10 percent of the aggregate internal volume of all primary tanks, whichever is greater. (5) If the facility is open to rainfall, then the secondary containment must be able to additionally accommodate the volume of a 24 -hour rainfall as determined by a 100 -year storm history. (6) Single - walled containers do not fulfill the requirement of an underground storage tank providing both a primary and a secondary containment. -6- Ordinance No. 258 (7) The design and construction of underground storage tanks for motor vehicle fuels storage need not meet the requirements of paragraphs (1) to (6), inclusive, if the primary containment construction is of glass fiber, reinforced plastic, cathodically protected steel, or steel clad with glass fiber reinforced plastic, any such alternative primary containment is installed in conjunction with a system that will intercept and direct a leak from any part of the tank to a monitoring well to detect any release of motor vehicle fuels stored in the tank and which is designed to provide early leak detection response, and to protect groundwater from releases, and if monitoring is an accordance with the alternative method identified in paragraph (3) of subdivision (b) of this section. Pressurized piping systems connected to underground stroage tanks used for the storage of motor vehicle fuels and monitored in accordance with paragraph (3) of subdivision (b) of this section shall also be deemed to meet the requirements of this subdivision. (b) Be designed and constructed with a monitoring system capable of detecting entry of the hazardous material stored in the primary containment into the secondary containment. If water could intrude into the secondary containment, a means of monitoring for water intrusion and for safely removing the water shall also be provided. -7- Ordinance No. 258 • • (c) When required by the Permitting Authority, a means of overfill protection for any primary tank, including an overfill prevention device or an attention - getting higher level alarm, or both. Primary tank filling operations of underground storage tanks containing motor vehicle fuels which are visually monitored and controlled by a facility operator satisfy the requirements of this paragraph. (d) Different substances that in combination may cause a fire or explosion, or the production of flammable, toxic, or poisonous gas, or the deterioration of a primary or secondary container, shall be separated in both the primary and secondary containment so as to avoid potential intermixing. (e) If water could enter into the secondary containment by precipitation or infiltration, the facility shall contain a means of removing the water by the owner or operator. This removal system shall also provide for a. means of analyzing the removed water for hazardous substance contamination and a means of disposing of the water, if so contaminated, at an authorized disposal facility. (3) Monitoring systems for existing facilities. No underground storage tank or facility installed on or before January 1, 1984, and used for the storage of hazardous substances shall continue to operate unless a Permit to Operate is obtained by January 1, 1985. No Permit to Operate such tank or facility shall be issued or remain valid unless the following actions are taken: -8- Ordinance No. 258 (a) On or before January 1, 1985, the owner shall outfit the facility with a monitoring system capable of detecting unauthorized releases of any hazardous substances stored in the facility, and thereafter, the operator shall monitor each facility, based on materials stored and the type of monitoring installed. (b) On or before January 1, 1985, the owner shall provide a means for visual inspection of the tank, when- ever practical, for the purpose of the monitoring required by subdivision (a). Alternative methods of monitoring the tank on a monthly, or more frequent basis, may be required by the Permitting Authority. The alternative monitoring methods include, but are not limited to, the following methods: (1) Pressure testing, vacuum testing or hydro- static testing of the piping systems or undergroung storage tanks. (2) A groundwater monitoring well or wells which are down gradient and adjacent to the underground storage tank, vapor analysis within a well where appropriate, an analysis of soil borings at the time of initial installation of the well. The Permitting Authority shall develop regulations specifying monitoring alternatives and shall approve the location and number of wells, the depth of wells and the sampling frequency, pursuant to these regulations. -9- Ordinance No. 258 • (3) For monitoring tanks containing motor vehicle fuels, daily gauging and inventory reconcil- iation by the operator, if inventory records are kept on file for one year and are reviewed quarterly, the tank is tested for tightness hydrostatically, or when appropriate with pressure between three and five pounds, inclusive, per square inch at time intervals specified by the State Water Resources Control Board and whenever any pressurized system has a leak detection device to monitor for leaks in the piping. The tank shall also be tested for tightness hydro- statically or where appropriate, with pressure between three and five pounds, inclusive, per square inch whenever there is a shortage greater than the amount which the State Water Resources Control Board shall specify by regulation. (4) Abandonment. (a) No person shall abandon an underground storage tank or close or temporarily cease operating an underground storage tank except as provided in this section. (b) An underground storage tank which is temporarily taken out of service, but which the operator intends to return to use, shall continue to be subject to all the permit, inspection, and monitoring requirements of this chapter, unless the operator complies with the provisions of subdivision (c) for the period of time the underground tank is not in use. -10- Ordinance No. 258 • • (c) No person shall close an underground storage tank unless the person undertakes all of the following actions: (1) Demonstrates to the Permitting Authority that all residual amounts of the hazardous substance or hazardous substances which were stored in the tank prior to its closure have been removed, properly disposed of, and neutralized. (2) Adequately seals the tank to minimize any threat to the public safety and the possibility of water intrusion into, or runoff from, the tank. (3) Provides for, and carries out, the mainten- ance of the tank as Permitting Authority determines is necessary, for the period of time the Permitting Authority requires. (4) Demonstrates to the Permitting Authority that there has been no significant soil contamination resulting from a discharge in the area surrounding the underground storage tank or facility. (5) Permit Required. (a) No person shall operate a facility for the under- ground storage of any hazardous substance within the incorporated area of the City of Morro Bay, unless by authority of a valid, unexpired and unrevoked Permit to Operate issued to the owner pursuant to the provisions of this chapter. Ordinance No. 258 • • (b) A person shall be deemed to operate a facility and violate this section if the person, without a required Permit to Operate in effect, supervises, inspects, directs, organizes, manages or controls, or is in any way responsible for or in charge of the facility for which the permit is required. (c) This section does not obviate the requirements to obtain valid permits pursuant to Titles 19 and 22 of this Code, or compliance with other applicable ordinances, including but not limited to the San Luis Obispo County Land Use Ordinance and the City of Morro Bay Land Use Ordinance. (6) Application filing. All applications for a Permit to Operate shall be filed in the Office of the County Health Officer. (7) Application contents. The application for a Permit to Operate shall be filed on a form and contain such information as is prescribed by the Permitting Authority, including the following: (a) A description of the construction of the under- ground storage tank or tanks. (b) A list of all the hazardous substances which are or will be stored in the underground tank or tanks, specifying the hazardous substances for each underground storage tank. (c) A description of the monitoring program for the underground storage tank or tanks. (d) The name and address of the person, firm, or corporation which owns the underground storage tank or -12- Ordinance No. 258 tanks and, if different, the name and address of the person who operates the underground storage tank or tanks. (e) The address of the facility at which the underground storage tank or tanks are located. (f) The name of the person making the application. (g) The name and 24 -hour phone number of the contact person in the event of an emergency involving the facility. (h) If the owner or operator of the underground storage tank is a public agency, the application shall include the name of the supervisor of the division, section or office which operates the tank. (i) Such other further information as is deemed necessary to administer the provisions of this chapter. (8) Issuance. The Permitting Authority shall act upon the application not later than ninety (90) days after the date it is accepted as complete unless the applicant has filed with the Permitting Authority written notice of a request and received written approval for extension of the time within which action is taken on the grounds that additional time is required to prepare or present plans or other information, obtain zoning variances, development plans, or other permits, or make other corrections remedying inconsistencies with the provisions of this chapter; or the Permitting Authority has on file a written notice from a public agency showing just cause for an extension of time, and has approved an extension of time pursuant thereto. -13- Ordinance No. 258 • • (9) Term. The term of the permit to operate shall be five (5) years, at which time the permittee may apply for renewal pursuant to this section, subsection (8). (10) Contents of permit. (a) The Permit to Operate shall contain a complete description of the enterprise for which it is issued, the date of issuance and date of expiration, and a description of any and all conditions upon which the permit has been issued. A copy of the permit shall be kept on the premises and shall be made available to the Permitting Authority upon demand. (b) As a condition of any Permit to Operate an underground storage tank, the permittee shall complete an annual report form prepared by the Permitting Authority, which will detail many changes in the usage of any underground storage tanks, including the storage of any new hazardous substances, changes in monitoring prodedure and unauthorized release occurrences. (11) Fees. The Board may, by resolution or ordinance and from time to time, prescribe fees for the issuance and renewal of a Permit to Operate and fees for the filing of appeals relating to demand of such permits or the revocation thereof. (12) Transferability. (a) Except as provided in subdivision (b), no person shall operate an underground storage tank unless a Permit to Operate has been issued. Any person who is -14- Ordinance No. 258 • • to assume the ownership of an underground storage tank from the previous owner shall complete the form accepting the obligations of the permit and subject the completed form to the Permitting Authority at least thirty (30) days after the ownership of the underground storage tank is to be transferred. The Permitting Authority may review and modify, or terminate the transfer of the Permit to Operate the underground storage tank upon receiving the completed form. (b) Any person assuming ownership of an underground storage tank used for the storage of hazardous substances for which a valid Permit to Operate has been issued shall have thirty (30) days after the date of assumption of owner- ship to apply for a Permit to Operate or, if accepting a transferred permit, shall submit to the Permitting Authority the completed form accepting the obligation of the trans- ferred permit, as specified in subdivision (a). During the period from the date of application until the permit is issued or reissued, the person shall not be held to be in violation of this section. (13) Inspections. (a) The Permitting Authority shall inspect every underground storage tank or facility at least once every three years. The purpose of the inspection is to determine whether the tank or facility complies with the design and construction standards of this chapter, whether the operator has monitored and tested the tank as required by the permit and whether the tank is in a safe operating condition. -15- Ordinance No. 258 • • After an inspection, the Permitting Authority shall prepare a compliance report detailing the inspection and shall send a dopy of this report to the permit holder. (b) In addition to, or instead of, the inspections specified in subdivision (a), the Permitting Authority may require the permit holder to employ, periodically, special inspectors to conduct an audit or assessment of the permit - holder's facility to determine whether the facility complies with the factors specified in subdivision (a) and to prepare a special inspection report with recommendations concerning the safe storage of hazardous materials at the facility. The report shall contain recommendations consistent with the provisions of this chapter, where appropriate. A copy of this report shall be filed with the Permitting Authority at the same time the inspector submits the report to the permitholder. Within thirty (30) days after receiving this report, the permitholder shall file with the Permitting Authority a plan to implement all recommendations contained in the report or shall demonstrate, to the satisfaction of the Permitting Authority, why these recommendations should not be implemented. (c) In order to carry out the purposes of this chapter, any duly authorized representative of the Permitting Authority has the authority to inspect any place where underground storage tanks are located or to inspect real property which is within two thousand (2,000) feet of any place where underground storage tanks are located. -16- Ordinance No. 258 (14) Unauthorized release. (a). Any unauthorized release from the primary contain- ment which the operator is able to clean up within eight hours and which does not escape from the secondary contain- ment, does not increase the hazard of fire or explosion, and does not cause any deterioration of the secondary containment of the underground storage tank, shall be recorded on the operator's monitoring reports. (b) Any unauthorized release which escapes from the secondary containment, increases the hazard of fire or explosion, or causes any deterioration of the secondary containment of the underground tank shall be reported by the operator of the Permitting Authority within twenty -four (24) hours after the release has been detected or should have been detected. A full written report shall be transmitted by the owner or operator of the underground storage tank within five working days of the occurrence of the release. The Permitting Authority shall review the permit whenever there has been an unauthorized release or when it determines that the underground storage tank is unsafe. In determining whether to modify or terminate the permit, the Permitting Authority shall consider the age of the tank, the methods of containment, the methods of monitoring, the feasibility of any required repairs, the concentration of the hazardous substances stored in the tank, the severity of potential unauthorized releases, and the suitability of any other long -term preventative measures which would meet the requirements of this chapter. -17- Ordinance No. 258 (15) Hearing Authority. Whenever the term "Hearing Authority" is utilized in this Section, it shall be deemed to refer to one or more persons assigned the responsibility of conducting a hearing by the County Administrative Officer. The County Administrative Officer shall be authorized to assign hearing responsibility from time to time to either: (a) County management personnel who the County Administrative Officer finds are qualified by training and experience to conduct such hearings; or (b) Any person or persons, qualified by training and experience, who the County Administrative Officer may recommend the County employ or retain by contract to conduct such hearings; or (c) Administrative Law Judges assigned by the State of California Office of Administrative Hearings. (16) Appeals. Any decision of the Permitting Authority may be appealed to the Hearing Authority. Any such appeal shall be in writing, shall state the specific reasons therefor and ground asserted for relief, and shall be filed with the County Health Officer not later than fifteen (15) days after the date of service. If an appeal is not filed within the time or in the manner prescribed above, the right to review of the action against which complaint is made shall be deemed to have been waived. (17). Appeal hearing. Not later than thirty (30) days, or longer is a notice of continuance is mailed to the appellant, following the date of filing an appeal within the time and in the -18- Ordinance No. 258 • manner prescribed by subsection (16), the Hearing Authority shall conduct a hearing for the purpose of determining whether the appeal should be granted. Written notice of the time, date and place of the hearing shall be mailed to the appellant not later than ten days preceding the date of the hearing. During the hearing, the burden of proof shall rest with the appellant. The provisions of the California Administration Procedure Act (commencing at Section 11500 of the Government Code) shall not be applicable to such hearings; not shall formal rules of evidence in civil or criminal judicial proceedings be so applicable. At the conclusions of the hearing, the Hearing Authority shall prepare a written decision which either grants or denies the appeal, and contains findings of fact and conclusions of law. Notice of the written decision, including a copy thereof, shall be filed with the County Health Officer and mailed to the appellant not later than seven (7) days following the date on which the hearing is closed. (18) Finality of determination. The decision by the Hearing Authority shall become final upon the date of filing and mailing. (19) Grounds for revocation. Any Permit to Operate issued pursuant to this chapter may be revoked during its terms upon one or more of the following grounds: (a) That an unauthorized release has occurred pursuant to subdivision (b) of subsection 14. (b) That modifications have been made to the under- ground storage tank or facility in violation of the Permit to Operate. -19- Ordinance No. 258 (c) That the holder of the permit has violated one or more conditions upon which the permit has been issued. (20) Method of revocation. The Permitting Authority may revoke a Permit to Operate by issuing a written notice of revocation, stating the reasons therefor, and serving same, together with a copy of the provisions of this section, upon the holder of the permit. The revocation shall become effective fifteen (15) days after the date of service, unless the holder of the license files an appeal within the time and in accordance with the provisions of subsection (16). If such an appeal is filed, the revocation shall not become effective until a final decision on the appeal is issued. (21) Administration. Except as otherwise provided, the County Health Officer is charged with the responsibility of administering this chapter, and shall be authorized from time to time to promulgate and enforce such rules or regulations consistent with the purposes, intent and epxress terms of this Title as he deems necessary to implement such purposes, intent and express terms. (22) Violations. (a) Any operator of an underground storage tank shall be liable for a civil penalty of not less than five hundred ($500) dollars or more than five thousand dollars ($5,000) per day for any of the following: (1) Operates an underground storage tank which has not been issued a permit. (2) Fails to monitor the underground storage tank as required by the permit. -20- Ordinance No. 258 • (3) Fails to maintain records, as required by this chapter. (4) Fils to report an unauthorized release, as required by subsection (14). (5) Fails to property close an underground storage tank, as required by subsection (05). (b) Any owner of an underground storage tank shall be liable for a civil penalty of not less than five hundred dollars ($500) or more than five thousand dollars ($5,000) per day for any of the following: (1) Failure to obtain a permit as specified by this chapter. (2) Failure to repair an underground tank in accordance with the provisions of this chapter. (3) Abandonment or improper closure of any underground tank subject to the provisions of this chapter. (4) Knowing failure to take reasonable and necessary steps to assure compliance with this chapter by the operator of an underground tank. (c) Any person who falsifies any monitoring records as required by this chapter, or knowingly fails, to report an unauthorized release, shall, upon conviction, be punished by a fine of not less than five thousand dollars ($5,000) or more than ten thousand dollars ($10,000) or by imprisonment in the county jail for not to exceed one year, or by both that fine and imprisonment. -21- Ordinance No. 258 (d) In determining both the civil and criminal penalties imposed pursuant to this section, the court shall consider all relevant circumstances, including, but not limited to, the extent of harm or potential harm caused by the violation, the nature of the violation and the period of time over which it occurred, the frequency of past violations, and the corrective action, if any, taken by the person who holds the permit. (e) Penalties under this section are in addition to, and do not supercede or limit, any and all other legal remedies and penalties, civil or criminal, which may be applicable under other laws. Section 2. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity or the constitutionality of the remaining portions of this ordinance. The City Council of the City of Morro Bay hereby declare that it would have passed this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses phrases or portions be declared invalid or unconstitutional. Section 3. This ordinance shall take effect and be in full force and effect immediately after its passage as an urgency ordinance of the City Council of the City of Morro Bay. -22- Ordinance No. 258 t PASSED AND ADOPTED by the City Council of the City of Morro Bay at a meeting held thereof on the 19th day of December, 1983, by the following roll call vote; AYES: Lemons, Risley, Shelton NOES: None ABSENT: Anderson, Zeuschner ATTEST: EUGEN R. SHELTON, MAYOR PEGGrl (BIYCHANAN, DEPUTY CITY CLERK ORDINANCE NO. 257 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AMENDING ORDINANCE NO. 22 AND SECTION 14.44.040 OF THE MORRO BAY MUNICIPAL CODE, BUILDING REGULATIONS - STREET IMPROVEMENTS T H E C I T Y C O U N C I L City of Morro Bay, California The City Council of the City of Morro Bay hereby ordains as follows: SECTION 1. Ordinance No. 22 and Section 14.44.040 of the Morro Bay Municipal Code . shall be amended to read as follows: Section 14.44.040 Street Improvements: The Developers, at their own expense, shall perform all grading and placing of base and surfacing between the lip of the gutter and existing edge of pavement necessary to complete the surfacing of the street to conform to and be in accordance with the require- ments of the City Standard Specifications as determined by the City Engineer. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 14th day. of February, 1984, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None ATTEST: g:l ENE R. SHELTON, MAYOR DEPUTY CITY CLERK