HomeMy WebLinkAboutOrdinances 205 - 256NUMBER
TITLE
DATE ADOPTED
243 An Ordinance amending the Municipal 5 -9 -83
Code to allow amusement arcades w/
conditional use permit, etc.
244 An Ordinance amending the Municipal Code 5 -23 -83
regarding Unsafe Structures
245 An Ordinance amending Section 3.24.030
increasing Bed Tax from 6 to 8% 7 -25 -83
246 An Ordinance creating a Harbor Commission 7 -25 -83
(previously a Harbor Advisory board)
247 An Ordinance to amend Section 2.09 10 -10 -83
to change date of municipal election
to coincide with statewide election in
November
248
249
250
251
252
An Ordinance authorizing an amendment to
to the contract between the City and PERS
An Ordinance to amend the Parkland
Dedication Ordinance (part 1).
An Ordinance to amend the Parkland
Dedication Ordinance (Part 2)
An Ordinance to amend the Municipal Code
to adopt the 1982 Uniform Building, Code
An Ordinance Adding Section 8.16.420 to
Title VII (Refuse Ord). allowing adoption
of rules and regulations
10 -10 -83
10 -10 -83
10 -10 -83
10 -24 -83
11 -14 -83
253 An Ordinance to Extend the Interim Urgency 11 -14 -83
Zoning Ordinance
254 An Ordinance Adding Section 14.24.130 and 11 -28 -83
14.24.140 to Chapter 14.24 regarding sewer
backflow devices
255 An Ordinance to amend the Bradley -Burns 12 -12 -83
Ordinance (No. 01) to exempt water -borne
vessels.
256 An Ordinance to Amend Ord. 166 Building 12 -12 -83
Limitation Ordinance,
NO.
ORDINANCES,
TITLE ADOPTED
232 An Ordinance Amending Section 3 of Ordinance
100 and Section 17.32.060 of the Morro Bay
Municipal Code (Case NO. ZOA 06 -82)
233 An Ordinance Amending Ordinance 65 Subsection 2
and Zoning District as Designated on the Zoning
Map from C -2, S -9, to C -1 from Property described
as Parcel A Portion of Block 62, Bakersfield
Colony Tract (CZ 02 -82)
234 An Ordinance Amending Ordinance No. 185, of
Title VII of the Morro Bay Municipal Code
pertaining to Animal Regulations.
235 An Ordinance adding Section 7.08.310 to and
Amending Section 7.08.020 to Title VII of the
M.B. Municipal Code
236 An Ordinance Adding Chapter 17.20 to Title XVII
Sections 16.24.040. (F) and 16.28.020 (E) to
Title XVI, and Section 14.04.035 to Title XIV of
the Morro Bay Municipal. Code
237 An Ordinance of the City Council of the City of
Morro Bay Adopting an Interim Urgency Zoning
Ordinance which shall take effect immediately
upon its adoption .
238 An Ordinance Adding Section 14.65.355 to Title XIV, of
the Morro Bay Municipal Code; and Amending Section 2 of
Ordinance 58 (Sign ord.) and Section 14.64.67 of the
Morro Bay Municipal Code. (Re: Directional & Community
Promotional Display Programs)
239 An Ordinance Amending Section 2.24.030 of Ordinance No.
54 of the Morro Bay Municipal Code (re: Recreation
Commission, removal of Ex- Officio Council member)
240 An Ordinance of the City Council of Morro Bay Amending
Ordinance No. 237, in order to allow additional exceptions
to the reouirements for a conditional use permit in the
"CZ" Special Coastal Zone District
241 An Ordinance adding Chapter 5.28 to the M.C. of
Morro Bay to establish a TV Franchise and Services
Board
10 -11 -82
10 -11 -82
7- 12 -82*
10 -25 -82
11 -22 -82
11 -22 -82
01 -24 -83
01 -24 -83
2 -28 -83
4-11-83
242 An Ordinance amending Section 6 of Ordinance 108 4 -11 -83
and Section 14.64.540, to extend the time limit
one year regarding the sign ordinance
NO.
219
ORDINANCES
TITLE
ADOPTED
An Ordinance Providing for the Removal of Unsafe
Vessels, Docks or other Manmade Floating Structures 2 -22 -82
220 An Ordinance Amending Ordinance 176 (part) and
Section 17.58.020 of the Morro Bay Municipal Code 2 -22 -82
Case No. ZOA 05 -81
221 An Ordinance Amending Certain Sections of Ordinance
No. 157 and Title 14 of the Morro Bay Municipal Code
222 An Ordinance Amending Section 6 of Ordinance 100
and Section 17.40.030 of the Morro Bay Municipal Code
223 An Ordinance Amending Section 1 of Ordinance 166
and Section 13.20.508 of the Morro Bay Municipal
Code and Further Rescinding all Other Ordinances
in Conflict Therewith
224 An Ordinance Amending Certain Section 15.48.030 of
Chapter 15.48 of the Morro Bay Municipal Code
C hZ - is M i it &W. (boe■d\
225 An Ordinance Amending Various Sections of the M.B.
Municipal Code Relating to Fees Charged
226 An Ordinance Amending Chapters 8.24, 9.28, 10.52
and 10.16 of the Morro Bay Municipal Code regarding
Violations and Penalties
227 An Ordinance to Amend Certain Sections of Chapter
10.48 of the Municipal Code regarding Abandoned
Vehicles
228 An Ordinance Amending Section 5103.2 of Ordinance 65
pursuant to the provisions of Chapter 17.64 of the
Morro Bay Municipal Code, Case No. CZ 01 -82
22Ex An Ordinance Amending Ordinance No. 185, Amending
Title VII of the Municipal Code, re: Animal Reps.
4 -12 -82
4 -26 -82
5 -24 -82
5 -24 -82
5 -24 -82
7 -12 -82
7 -12 -82
7 -12 -82
7 -12 -82
229 An Ordinance Amending Section 2 (part) of Ordinance 7 -26 -82
49 and Section 16.20.040 of the M.B. Municipal Code
(regarding Variance from Standards)
230 An Ordinance Amending Ordinance 178 (part)
and Section 17.44.020 B.1 (c) re: residen.
parking exceptions
8 -23 -82
231 An Ordinance Amending Chapter 5.16 of the
Municipal Code regarding Private Patrol 8 -23 -82
ORDINANCES
NO. TITLE ADOPTED
205 An Ordinance to Amend Section 2.32.060 of the Morro Bay Municipal Code
(personnel background check authorization). PASSED AS URGENCY ORD.
206 An Ordinance to Amend Section 2.44.010 of the Morro Bay Munciipal Code
Authorizing An Amendment to the Contract Between the City of Morro Bay
and the Board of Administration of the California Personnel Employees
Retirement System.
207 An Ordinance to Restrict Further Developments and Uses Between Beach
Street and Target Rock to those Primarily Serving Licensed Commercial
Fishing or Recreational Fishing. (Passed at Special Municipal Election)
208 An Ordinance Amending Section 11 of Ordinance 100 and Section 17.40.030
of the Morro Bay Municipal Code - Case No. ZOA 03 -81 (Mobilehome and
Conventional Home Placement and Related Standards).
209 An Ordinance Amending Section 5103.2 of Ordinance 65 Pursuant to the
Provisions of Chapter 17.64 of the Morro Bay Municipal Code, Case
No. CZ 01 -81 (zoning designation of properties - special treatment
combining suffix "M" - Mobilehomes).
210 An Ordinance Adding Chapter 9.28 to the Morro Bay Municipal Code
(prohibited conduct).
211 An Ordinance Adding Chapter 10.52 to the Morro Bay Municipal Code
(bicycles).
212 An Ordinance Amending Ordinance 100 and Chapter 17.48 of the Morro
Bay Municipal Code, Case No. ZOA 02 -81 (Electronic Amusement and
Pinball Machines and Arcades).
213 An Ordinance Amending Section 13.04.310 and Section 13.04.200 -E of
the Morro Bay Municipal Code (restoration- reconnection charges).
214 An Ordinance of the City of Morro Bay Amending Chapter 8.16 of the
Morro Bay Municipal Code to Establish a Mandatory Refuse Collection
System.
215 An Ordinance adding Section 2.09 to the Morro Bay Municipal Code
216 An Ordinance Amending Ordinance 172 and Chapter 14.72 of the Morro
Bay Municipal Code - Flood Damage Prevention
217 An Ordinance Amending Section 13.04.230 of the Morro Bay Municipal
Code - Collection of Past Due Accounts
218 An Ordinance Amending Section 15.28.040 of the Morro Bay Municipal
Code Redefining Policy
06 -08 -81
07 -13 -81
06 -02 -81
08 -10 -81
08 -10 -81
08 -24 -81
08 -24 -81
08 -24 -81
09 -14 -81
09 -14 -81
11 -9 -81
11 -23 -81
1 -25 -82
1 -25 -82
r
6 41
ORDINANCE NO. 256
AN ORDINANCE AMENDING SECTION 1, OF ORDINANCE
166 AND MUNICIPAL CODE SECTION 13.20.050,
PARAGRAPH A, AND SECTION 13.20.090, PARAGRAPH
A, CONCERNING WATER EQUIVALENCY PROGRAM
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
ordain as follows:
SECTION 1. That Section 1, of Ordinance 166, and Section
13.20.50, Paragraph A, of the Morro Bay Municipal Code be amended
to read as_described in Exhibit A, attached hereto.
SECTION 2. THAT SECTION 1, of Ordinance 166, and Section
13.20.90, paragraph A, 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; California, at a regular meeting of said Council held this
12th day of December , 1983, by the following roll call vote:
AYES: RISLEY, ZEUSCHNER, SHELTON
NOES: - NONE
ABSENT: ANDERSON, LEMONS
PAUL BAXTER, City Administrator
1
E R. SHELTON, Mayor
•
• 1
ORDINANCE NO. 256 PAGE TWO
EXHIBIT "A"
BUILDING LIMITATION ORDINANCE
(Municipal Code Chapter 13.20)
I. Amend Section 13.20.050, Paragraph A, to read as follows:
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.
II. Amend Section 13.20.090, Paragraph A, to read as follows:
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 check or Building Permit is
valid. The equivalency granted shall expire 180
days from the date of award if a Building Permit
is not secured; or, 180 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 180
days of the award.
2
ORNANCE NO. 255
1
AN ORDINANCE TO AMEND ORDINANCE NO. IMPOSING A
SALES AND USE TAX TO BE ADMINISTERED BY THE
STATE BOARD OF EQUALIZATION
The City Council of the City of _ Morro Bay, California
does ordain as follows:
Section 1. Section 12 of Ordinance No. 01 is amended
to read:
Section 12. EXCLUSIONS AND EXEMPTIONS.
(a) The amount subject to tax shall not include any
sales or use tax imposed by the State of California upon a
retailer or consumer.
(b) The storage, use, or other consumption of
tangible personal property, the gross receipts from the
sale of which have been subject to tax under a sales and
use tax ordinance enacted in accordance with Part 1.5 of
Division 2 of the Revenue and Taxation Code by any city
and county, county, or city, in this state shall be exempt
from the tax due under this ordinance.
(c) There are exempted from the computation of the
amount of the sales tax the gross receipts from the sale
of tangible personal property to operators of aircraft to
be used or consumed principally outside the city in which
the sale is made and directly and exclusively in the use
of such aircraft as common carriers of persons or property
under the authority of the laws of this state, the United
States, or any foreign government.
(d) In addition to the exemptions provided in
Sections 6366 and 6366.1 of the Revenue and Taxation Code
the storage, use, or other consumption of tangible personal
property purchased by operators of aircraft and used or
consumed by such operators directly and exclusively in the
use of such aircraft as common carriers of persons or
property for hire or compensation under a certificate of
public convenience and necessity issued pursuant to the
laws of this state, the United States, or any foreign
government is exempted from the use tax.
Section 2. Section 12 of Ordinance No. 01
by Section 1 of this ordinance is amended to read:
Section 12. EXCLUSIONS AND EXEMPTIONS.
as amended
(a) The amount subject to tax shall not include any
sales or use tax imposed by the State of California upon a
retailer or consumer.
(b) The storage, use, or other consumption of
tangible personal property, the gross receipts from the
(b)
•
-2- •
sale of which have been subject to tax under a sales and
use tax ordinance enacted in accordance with Part 1.5 of
Division 2 of the Revenue and Taxation Code by any city
and county, county, or city in this state shall be exempt
from the tax due under this ordinance.
(c) There are exempted from the computation of the
amount of the sales tax the gross receipts from the sale
of tangible personal property to operators of waterborne
vessels to be used or consumed principally outside the
city in which the sale is made and directly and exclusively
in the carriage of persons or property in such vessels for
commercial purposes.
(d) The storage, use, or other consumption of
tangible personal property purchased by operators of
waterborne vessels and used or consumed by such operators
directly and exclusively in the carriage of persons or
property of such vessels for commercial purposes is
exempted from the use tax.
(e) There are exempted from the computation of the
amount of the sales tax the gross receipts from the sale
of tangible personal property to operators of aircraft to
be used or consumed principally outside the city in which
the sale is made and directly and exclusively in the use
of such aircraft as common carriers of persons or property
under the authority of the laws of this state, the
United States, or any foreign government.
(f) In addition to the exemptions provided in
Sections 6366 and 6366.1 of the Revenue and Taxation Code
the storage, use, or other consumption of tangible personal
property purchased by operators of aircraft and used or
consumed by such operators directly and exclusively in the
use of such aircraft as common carriers of persons or
property for hire or compensation under a certificate of
public convenience and necessity issued pursuant to the
laws of this state, the United States, or any foreign
government is exempted from the use tax.
Section 3. Section 1 shall be operative January 1, 1984.
Section 4. Section 2 shall be operative on the operative
date of any act of the Legislature of the State of California
which amends Section 7202 of the Revenue and Taxation Code or
which repeals and reenacts Section 7202 of the Revenue and
Taxation Code to provide an exemption from city sales and use
taxes for operators of waterborne vessels in the same, or
substantially the same, language as that existing in
subdivisions (i)(7) and (i)(8) of Section 7202 of the Revenue
and Taxation Code as those subdivisions read on October 1, 1983.
Section 5. This ordinance relates to taxes for the usual
and current expenses of the City and shall take effect
immediately.
fb)
OR*ANCE NO. 255
1
AN ORDINANCE TO AMEND ORDINANCE NO. IMPOSING A
SALES AND USE TAX TO BE ADMINISTERED BY THE
STATE BOARD OF EQUALIZATION
The City Council of the City of Morro Bay, California
does ordain as follows:
Section 1. Section 12 of Ordinance No. 01 is amended
to read:
Section 12. EXCLUSIONS AND EXEMPTIONS.
(a) The amount subject to tax shall not include any
sales or use tax imposed by the State of California upon a
retailer or consumer.
(b) The storage, use, or other consumption of
tangible personal property, the gross receipts from the
sale of which have been subject to tax under a sales and
use tax ordinance enacted in accordance with Part 1.5 of
Division 2 of the Revenue and Taxation Code by any city
and county, county, or city, in this state shall be exempt
from the tax due under this ordinance.
(c) There are exempted from the computation of the
amount of the sales tax the gross receipts from the sale
of tangible personal property to operators of aircraft to
be used or consumed principally outside the city in which
the sale is made and directly and exclusively in the use
of such aircraft as common carriers of persons or property
under the authority of the laws of this state, the United
States, or any foreign government.
(d) In addition to the exemptions provided in
Sections 6366 and 6366.1 of the Revenue and Taxation Code
the storage, use, or other consumption of tangible personal
property purchased by operators of aircraft and used or
consumed by such operators directly and exclusively in the
use of such aircraft as common carriers of persons or
property for hire or compensation under a certificate of
public convenience and necessity issued pursuant to the
laws of this state, the United States, or any foreign
government is exempted from the use tax.
Section 2. Section 12 of Ordinance No. 01 as amended
by Section 1 of this ordinance is amended to read:
Section 12. EXCLUSIONS AND EXEMPTIONS.
(a) The amount subject to tax shall not include any
sales or use tax imposed by the State of California upon a
retailer or consumer.
(b) The storage, use, or other consumption of
tangible personal property, the gross receipts from the
(b)
ORDINANCE NO. 255
PASSED AND ADOPTED by the City Council of the City of
Morro Bay at a regular meeting held thereof on the 12th day
of December, 1983, by the following roll call vote:
AYES: RISLEY, ZEUSCHNER, SHELTON
NOES: NONE
ABSENT: ANDERSON, LEMONS
ATTEST:
PE
UCHANAN, DEPUTY CITY CLERK
. SHELTON, MAYOR
•
ORDINANCE NO. 254
AN ORDINANCE OF THE MORRO BAY CITY COUNCIL
ADDING SECTIONS 14.24.130 AND 14.24.140
TO CHAPTER 14.24 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, the City of Morro Bay has a history of sewer backflow
into structures resulting in inconveniences to the owners and
claims against the City, and
WHEREAS, the City Council desires to eliminate this problem;
THEREFORE, Sections 14.24.130 and 14.24.140 shall be added to
Chapter 14.24 which will eliminate the potential for backflow
from City sewers into private structures by installation and
maintenance of backflow preventers.
SECTION 14.24.130. UNIFORM PLUMBING CODE SECTION 409 AMENDED
A. Section 409(a) of the Uniform Plumbing Code is amended to
read as follows:
Drainage piping serving fixtures which have flood level rims
located below the elevation of the next upstream manhole, lamp -
hole, or pump station receiving manhole cover of the public sewer
serving such drainage piping shall be protected from backflow of
sewage by installing an approved type backwater valve. Fixtures
above such elevation shall not discharge through the backwater
valve.
SECTION 14.24.140. REQUIRED SEWER BACKWATER VALVE
A. Any existing lateral sewer piping upon any premise which
services fixtures whose elevation is lower than the elevation of
the first upstream sewer manhole rim, lamp hole, or pump station
receiving manhole, and for which the City has record of a
previous sewage backflow incident involving a clogged sewer main
shall be protected from backflow of sewage by installing
backwater valves of a type approved by the Director of Public
Works or Chief Building Inspector. The property owner shall be
required to provide and install such device.
0
BACKWATER VALVE ORDINANCE - page 2
B. If the property owner fails to install and maintain a
backwater valve in good working condition when required under
this section, the Director of Public Works or Chief Building
Inspctor may declare said sewer connection to be a nuisance and
abate such nuisance pursuant to Morro Bay Municipal Code Section
8.12.010 et seq. by installing an approved -type backwater valve
at the owner's expense. Said property owner may, in addition, be
subject to fines as outlined in Subsection E of this section.
C. All house connection sewers, industrial sewers, private sewage
disposal systems and appurtenances thereto, now existing or
hereafter constructed, shall be maintained by the owner of the
property in a safe and sanitary condition and all devices or
safeguards which are required by this section for the operation
thereof shall also be maintained in a good working order by the
owner.
D. The Director of Public Works, the Health Officer, and other
duly authorized employees of the City and the Health Department
bearing proper credentials and identification shall be permitted
to enter all properties for the purposes of inspection,
observation, measurement, sampling, and testing in accordance
with the provisions of this ordinance. The Director of Public
Works, the Health Officer, or their representatives shall have no
authority to inquire into any processes including metallurgical,
chemical, oil, refining, ceramic, paper, or other industries
beyond that point having a direct bearing on the kind and source
of discharge to the sewers or waterways of facilities for waste
treatment.
E. Violations and penalties. Any person who is convicted of
violation of any provision of Section 14.24.130 or 14.24.140
shall be guilty of an infraction punishable by:
1. A fine not exceeding fifty dollars for a first violation;
2. A fine not exceeding one hundred dollars for a second
violation of the Section 14.24.130 and 14.24.140 within one year;
3. A fine not exceeding two hundred fifty dollars for each
additional violation of Sections 14.24.130 and 14.24.140 within
one year.
This ordinance shall take effect thirty (30) days after its
passage.
BACKWATER VALVE ORDINANCE - page 3
PASSED AND ADOPTED by the City Council of the City of Morro Bay
at a regular meeting held thereof on the 28 day of November,
1983, by the following roll call vote:
AYES: Anderson, Lemons, Risley, Zeuschner
NOES: None
ABSENT: Shelton
ATTEST:
PAUL BAXTER, City Clerk
•
ORDINANCE NO. 253
AN ORDINANCE TO EXTEND THE
INTERIM URGENCY ZONING ORDINANCE
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, on November 22, 1982, the City Council of the City of Morro Bay
did adopt Ordinance No. 237, establishing an interim urgency zoning ordinance
for regulating new development until the new zoning measures intended to
implement the certified Coastal Land Use Plan are approved and certified; and
WHEREAS, Ordinance No. 237 will expire on November 22, 1983; and
•
WHEREAS, despite diligent efforts, new zoning measures intended to implement
the Coastal Land Use Plan have not yet been approved and certified; and
WHEREAS, because without an interim zoning ordinance the City will lack a
consistent standard for reviewing new development, unnecessarily precluding
development in some cases and promoting less than optimal development in others; and
WHEREAS, said circumstances constitute a current and immediate threat to
the public health, safety and welfare; and
WHEREAS, California government Code Section 65858 allows cities to extend
interim urgency zoning ordinance for up to 22 months and 15 days.
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" as shown in Exhibit "A" which is
attached hereto and made part hereof by this reference, and which shall take
effect immediately upon its adoption.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a
regular meeting held thereof on the 14th day of November, 1983, by the following
roll call vote:
AYES:
NOES:
ABSENT:
Anderson, Lemons, Risle , Zeuschner, Shelton
None
None
- ' SH TO Mayor
ATTEST:
Pa kal kr et r
PAUL BAXTER, City Clerk
City Council
Ordinance No. 253
a! Exhibit "A"
INTERIM URGENCY ZONING ORDINANCE AND
ESTABLISHMENT ON AN INTERIM BASIS THE
"CZ "M SPECIAL COASTAL ZONE, DISTRICT
Section 1.0 Purpose and Intent
The purpose of this ordinance is to eliminate conflicts between existing zoning
districts and the contemplated zoning ordinances which are now being prepared to
implement the City's Coastal Land Use Plan. This ordinance is intended to prohibit
any use which may conflict with such contemplated ordinances and to allow uses
found to be consistent with both the Coastal Land Use Plan and City General Plan
Land Use Element, after a coastal development permit has been issued either by
the Califormia Coastal Commission or the City of Morro Bay as provided for in
Public Resources Code Sections 30600.5 and 30624.
Section 2.0 Application, "CZ" Interim District Established
This ordinance shall apply to those parts of the City for which the existing zoning
may conflict with the contemplated zoning ordinances being prepared to implement
the Coastal Land Use Plan. Such parts of the City shall be designated in a "CZ ",
Special Coastal Zone, District on an interim basis until said contemplated zoning
ordinances are adopted. The parts of the City so designated in the "CZ" Zone
are depicted in the district map, Figure 1, attached hereto.
Section 3.0 Permitted Development
A. General. Development in the CZ, Special Coastal Zone, District may be permitted
subject to: (1) a Conditional Use Permit granted by the City pursuant to the
provisions of Municipal Code Chapter 17.60, except as provided for in Section 3.0
(c) below, and (2) a coastal development permit issued either by the California
Coastal Commission or by the City of Morro Bay as provided for in Public
Resource Code Sections 30600.5 and 30624.
B. Findings Required. No permit may be issued by the City unless the proposed
development is found to be in conformance with the Coastal Land Use Plan and
the Land Use Element of the Morro Bay General Plan. Any development found to be
inconsistent with the Land Use Element or with the Coastal Land Use Plan
or with the contemplated zoning ordinances being prepared to implement said
plan shall be prohibited.
C. Exceptions. Section 3.0 (A) above notwithstanding, a conditional use permit
shall not be required for the following developments in the CZ, Special Coastal
Zone, district:
(1) Where the Planning Commission has approved a conditional use permit for
the proposed project prior to the adoption on this ordinance, and the
project as conditioned is in conformance with the findings required in
Section 3.0 (B) above, as determined by the Director of the Community
Development Department;
Ordinance No. 253
•
hibit "A"
(2) Where the proposed development is a single family residence in an area
designated on the Coastal Land Use Plan Map for "medium density residential"
or any other lower density residential category and where the proposed
residence meets the standards of corresponding residential zones as
determined by the Director of the Community Development Department.
(3) Where the proposed development is a duplex (two residential units)
in an area designated on the Coastal Land Use Plan Map for residential
uses provided that the proposed development does not exceed the maximum
density allowed in the Coastal Land Use Plan Map designation and that
the proposed development meets the standards of corresponding residential
zones as determined by the Director of the Community Development Department.
(4) Where the proposed use is a new occupancy of an existing structure and
conforms to all other City requirements and contemplated zoning provisions,
as determined by the Director of the Community Development Department.
Where the proposed use is an addition to an existing legally conforming
use, provided however that such addition does not exceed 30 percent of the
floor area of the existing structure, and a discretionary approval would
not otherwise be required.
(5)
Section 4.0 Duration
The provisions of this ordinance shall have no further force and effect either
(a) 22 months and 15 days from date of adoption, or (b) at which time that the
City's Local Coastal Program, including the implementing zoning ordinance, is
certified by the California Coastal Commission and adopted by the City Council,
whichever is sooner.
Areas subject to
Interim Zoning Ordinance
\
• t
ORDINANCE NO.
252
AN ORDINANCE ADDING SECTION 8.16.420 TO TITLE VIII
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
BE IT ORDAINED by the City Council of the City of Morro Bay
as follows:
Item (1) Section 8.16.420 is hereby added to the Morro Bay
Municipal Code as follows:
Section 8.16.420 ADOPTION OF RULES AND REGULATIONS
The City Council shall have the authority to adopt rules and
regulations by resolution which are intended to implement the
refuse ordinance without necessity of amending the ordinance
provided that said resolutions do not in any way contradict or
change the ordinance.
This ordinance shall take effect thirty (30) days after its
passage.
Introduced for the first reading on October 24th , 1983 and
passed and adopted on November 14th , 1983 on the following
roll call vote, to wit:
AYES: Anderson, Lemons, Risley, Zesuchner, Shelton
NOES: None
ABSENT: None
ATTEST:
la amie4
PAUL BAXTER, City Clerk
EDGE ' R. S ELTON, May :r
• ORDINANCE NO, 251
•
AN ORDINANCE AMENDING CERTAIN SECTIONS OF ORDINANCE
NO. 171 AND TITLE 14 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 does ordain as follows:
SECTION 1. That Sections 14.16.010, 14.24.010, 14.28.010 and
14.32.010 of the Morro Bay Municipal Code are hereby amended to read
as follows:
14.16.010. The Uniform Building Code, 1982 Edition, published
by the International Conference of Building Officials, is adopted by
reference with the same force and effect as if fully set forth herein.
14.24.010. The Uniform Plumbing Code, 1982 Edition, the Uniform
Swimming Pool Code, 1982 Edition, and the Uniform Solar Energy Code,
1982 Edition, as published by the International Association of Plumbing
and Mechanical Officials, is adopted by reference with the same force
and effect as if fully set forth herein.
14.28.010. The Uniform Mechanical Code, 1982 Edition, as
published by the International Conference of Building Officials, is
adopted by reference with the same force and effect as if fully set
forth herein.
14.32.010 Adopted. The Uniform Housing Code, 1982 Edition, the
Uniform Code for the Abatement of Dangerous Buildings, 1982 Edition,
as published by the International Conference of Building Officials,
adopted by reference with the same force and effect as if fully set
forth herein.
SECTION 2. This ordinance shall take effect thirty (30) days
after its adoption, and prior to the expiration of fifteen (15) days
from the passage thereof shall be published and circulated in the
City of Morro Bay, and thenceforth and thereafter.: the same shall be
in full force and effect.
PASSED AND ADOPTED by the City Council of the City of Morro Bay
at the regular meeting thereof held on this 24th day of October ,
1983, by the following roll call vote:
AYES: Anderson, Lemons, Risley, Zeuschner, Shelton
NOES: None
ABSENT: None
ATTEST:
G�—
PAUL BAXTER, City Clerk
NE R. SHELTO , Mayo
• •
ORDINANCE NO. 250
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY
AMENDING SECTION 2 (PART) OF ORDINANCE 49 AND SECTIONS
16.04.040, 16.20.030 AND 16.20.040 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 does hereby
ordain as follows:
SECTION 1. That Section 2 (part) of Ordinance 49 and
Section 16.04.040 of the Morro Bay Municipal Code be amended
to read as described in Exhibit "A" attached hereto.
SECTION 2. That Section 2 (part) of Ordinance 49 and
Section 16.20.030 of the Morro Bay Municipal Code be amended
to read as described in Exhibit "B" attached hereto.
SECTION 3. That Section 3 (part) of Ordinance 49 and
Section 16.20.040 of the Morro Bay Municipal Code be amended
to read as described in Exhibit "C" attached hereto.
PASSED AND ADOPTED by the City Council of the City of
Morro_ Bay at a regular meeting held thereof on the 10th day
of. October, 1983, by the following roll call vote:
AYES: Anderson, Lemons, Zeuschner
NOES: None
ABSENT: Risley, Shelton
ATTEST:
BUD ZEUSC R, MAYOR PRO TEM
CHANAN, DEPUTY CITY CLERK
•
RECREATION DEPARTMENT
CITY OF MORRO BAY
EXHIBITS FOR PARKLAND DEDICATION REVISIONS
TO MORRO BAY MUNICIPAL CODE
EXHIBIT "A"
16.040 Subdivision committee created -- Membership
There is hereby created a subdivision committee, to consist of
a member of the Planning Commission, Building Inspector, Director
of Public Works /City Engineer, Fire Chief, Director of Recreation,
Director of Planning (or their designated alternates). The
committee shall have the powers and duties specified by this
title. (Ord. 49 §2(part) 1966: prior code g5201.4).
EXHIBIT "B"
16.20.030 Standard subdivision procedure.
A. This procedure shall apply to all subdivisions, parts of
subdivisions or any division of land, and where prescribed under
Section 16.20.010.
B. Prior to filing of a tentative map of a subdivision, a city
tract number shall be obtained from the county surveyor and a
preliminary title report filed from a reputable title company.
C. Tentative Map. Date Required and Design.
L1`
After submission of a preliminary map to the subdivision committee
and review by said committee, the action in connection with the
making of a subdivision shall be the preparation of a reproducible
tentative subdivision map or maps, which shall comply with Chapter
16.12, as to design, and shall include the following data:
1. A sketch at a minimum scale of one inch equals one thousand
feet indicating the location of the proposed subdivision in relation
to the surrounding area or region and showing land use in
surrounding area. All to be indicated on the tentative map;
2. Name and address of record owner and subdivider;
3. Name and address of surveyor or engineer, or person
who prepared said tentative map;
4. Date, north point (generally up on the map) and scale.
Minimum scale one inch equals one hundred feet. Minimum map size
eighteen inches by twenty -six inches;
5. Name of proposed subdivision, tract number and of all
adjacent subdivisions; locations of, names and width of adjacent
streets, highways, alleys and ways, and easements of all kinds,
together with the type and location of street improvements thereon
including fire hydrants and street light locations;
PARKLAND DEDICATION R1ISION EXHIBITS
PAGE 2
•
6. The contour of the land at intervals of one foot of
elevation up to five percent slope; two foot intervals up to
ten percent and five foot intervals over ten percent;
7. Sufficient date to define the boundaries of the tract
or a legal description of the tract and blue border on reverse
side of map to indicate tract boundaries. Tentative map to
show probable units of final map;
8. Width, approximate location and purpose of all existing
easements and adjacent easements adjoining such land;
9. The width and approximate grade of all streets, highways,
alleys and other rights -of -way proposed for dedication or not;
10. The approximate radii of all curves;
11. All lots numbered consecutively throughout entire development;
the approximate dimensions of all lots; lot areas shall be shown
for all lots not rectangular in shape;
12. The approximate locations of areas subject to inundation
by storm water overflow, and the location, width and direction
of flow of all water courses existing and proposed;
13. The location and outline to scale of each existing building
or structure within the subdivision, noting thereon whether or not such
building or structure is to be removed from or remain inthe
development of the subdivision, and its existing and proposed future use;
14. Show approximate elevation of street intersections;
15. The location, pipe size and approximate grades of proposed
sewers, waterline and underground storm drains, including the
proposed location of fire hydrants and street lights, power, gas
TV cables;
16. The location of all trees over four inches in diameter
at base of tree (where stands of trees are located individual
trees need not be shown, but may be shown as a group);
17. The location of existing fences, ditches, wells, sumps,
cesspools, reservoirs, sewers, culverts, drain pipes, underground
structures, utility lines or sand, gravel or other excavations
within two hundred feet or any portion of the subdivision,
noting thereon whether they are to be abandoned.
18. The name and tract number of the proposed subdivision.
19. The location of public parkland and on site improvements
to such public parkland. (Ord. 49 §2(part),1966: prior code §5205.3).
PARKLAND DEDICATION RISION EXHIBITS
PAGE 3
EXHIBIT "C"
•
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;
B. Statement and report on soil tests by a reputable soils
engineer;
C. Statement as to intention 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.
D. Statement as to front yard depths and building lines;
E. Proposed source of water supply and method of sewage
disposal, indicating whether or not Chapter 16.16 can be complied with;
F. Provide type of tree planting as required by the planning
commission;
G. Proposed public areas including parkland dedication and
scenic easements;
H. Statement as to development of lots (whether for sale
as lots or fully developed house and lot);
I. Preliminary title report - four copies.
(Ord. 49 §2(part), 1966: prior code §5205.4).
•
ORDINANCE NO. 249
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY
REPEALING SECTION 2 (PART) OF ORDINANCE 49 AND SECTION
16.16.020 (PART) OF THE MORRO BAY MUNICIPAL CODE
BY ADDING THERETO SECTION 16.16.030 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 does hereby ordain
as follows:
SECTION 1. That Section 2 (part) of Ordinance 49, and
Section 16.16.020 (part) of the Morro Bay Municipal Code is hereby
repealed as described in Exhibit "A" attached hereto.
SECTION 2. That Municipal Code Chapter 16.16 be amended by
adding thereto a new Section 16.16.030, to read as described in
Exhibit "B" 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
10th day of October, 1983, . by the following roll call vote:
AYES: Anderson, Lemons, Zeuschner
NOES: None
ABSENT: Risley, Shelton
ATTEST:
teD ZEUS
cptICHANAN, DEPUTY CITY CLERK
L
re►
1
R, MAYOR PRO TEM
•CREATION DEPARTMENT •
CITY OF MORRO BAY
EXHIBITS FOR PARKLAND DEDICATION
REVISIONS TO MORRO BAY MUNICIPAL CODE
EXHIBIT "A"
N. Recreation Requirements.
1. The subdivider shall provide for adequate and appropriate
public recreation facilities for the subdivision by the dedication
of lands therein or by the payment of fees in lieu thereof under
the following conditions and according to the following conditions
and requirements:
a. In subdivisions having fifty or more lots, and
where the land in said subdivision can be properly located for
public recreational facilities in accordance with the adopted
recreation and parks plan of the city, the subdivider shall dedicate
an area for such purposes on the basis of two acres so dedicated
for each fifty acres within the subdivision to be developed.
b. Where the subdivision consists of fifty lots or less,
or where the subdivision exceeds fifty lots, but land within the
subdivision cannot be located in accordance with the recreation
and parks plan adopted by the city, then the subdivider shall pay
to the city for the recreation fund the sum as stated in the Master
Fee Schedule per dwelling unit for each dwelling unit proposed
within any subdivision.
2. Where land is to be dedicated for public recreational
facilities within a subdivision, as herein provided, such
dedication shall not necessarily be limited to parks, as that
term is defined in law, but to such purposes which shall provide
or directly contribute to public recreation, whether passive or
active, as may be deemed desirable in the discretion of the city
and set forth in the requirements for the particular subdivision
not later than the final consideration thereof as herein provided.
3. The following off -site improvements may be required:
a. The subdivider shall pay the fee established by this
code for the development of water storage facilities, or for the
improvement of any existing source of water supply and the
construction of transmission lines from that supply to the proposed
development.
b. The subdivider shall pay the fee established by
this code for the development of sewage disposal facilities or
for the improvement of any existing sewage disposal systems and
the construction of transmission lines from the proposed
improvements to the site of disposal.
c. When flood zones or other lawful special purpose zones
are established by the city council, the subdivider shall pay
the fee set out for the particular zone in which the subject land lies.
d. Properly graded, drained and paved access roads.
e. The extension of any other utilities.
f. Agreements may be made upon approval of the city
council for reimbursement by future developers for facilities
required by the city to the extent that such facilities are in
excess of sizes, lengths and locations needed to serve the sub-
division involved. Requests for reimbursement shall be made in
writing at the time of submitting the final map.
EXHIBIT "A"
page 2
•
4. In addition to all other requirements herein:
a. Improvement work, including grading, shall not be
commenced until improvement plans for such work have been submitted
to and approved by the city engineer.
b. All improvements shall be constructed under the
inspection of, and to the satisfaction of the city engineer.
c. Cost of inspection shall be borne by the subdivider
and shall amount to three percent of the estimated construction
costs of the improvements to be dedicated, as established by a
preliminary cost estimate approved by the city engineer.
5. The planning commission (or on appeal the city council)
may grant deviations from the foregoing requirements, when all
the following conditions are found to apply:
a. That any deviation granted shall be subject to
such conditions as will assure that the adjustment thereby
authorized shall not constitute a grant of special privilege
inconsistent with the limitations upon other properties in the
same vicinity.
b. That because of special circumstances applicable
to the subject property, including size, shape, topography,
location or surroundings, the strict literal application of this
title is found to deprive subject property of privileges enjoyed
by other properties in the vicinity.
c. That under the circumstances of this particular case
the deviation, rather than the sections at issue in this title,
actually carried out the spirit and intent of this title.
6. Adequate guarantees shall be provided to insure that
any conditions imposed as a part of any approved deviation
shall be carried out as specified. (Ord. 225 096, 1982;
Ord. 49 M2 (part), 1966: prior code 0520.1(part)).
*CREATION DEPARTMENT
CITY OF MORRO BAY
•
EXHIBITS FOR PARKLAND DEDICATION
REVISIONS TO MORRO BAY MUNICIPAL CODE
EXHIBIT "B"
16.16.030 Parkland Dedication Requirements. A. The subdivider
shall provide for adequate and appropriate public park and recreation
facilities for the subdivision by the dedication of lands therein
or by the payment of fees in -lieu thereof under the following conditions
and according to the following requirements.
B. Prior to consideration of a tentative map, the Subdivision
Review Committee will identify pursuant to this chapter the land
area required for dedication or in -lieu fee payment. The Planning
Commission shall recommend as a condition of approval of a final
map whether the subdivider shall dedicate land, pay a fee in -lieu
thereof, or both, at the option of the City Council for park
and recreation purposes.
C. General standards for the public interest, health and welfare
require that four (4 :)% acres of property for each 1,000 persons
residing in the City of Morro Bay be devoted to neighborhood and
community park and recreation purposes.
D. Dedication of land, 50 parcels or more.
1. Where a park or recreation facility has been designated
in the Park and Recreation Element of the General Plan of the City
of Morro Bay and it is to be located in whole or in part within
the proposed subdivision, the subdivider shall dedicate land for a
local park as determined by the following formula:
N of Units x average N of x "4 acres - Minimum Acreage Dedication
persons /unit 1,000 population
The following table of population density has been established
pursuant to Section 66577(b) of the Government Code.
Dwelling Type Average Persons /Unit
1, detached 2.25
1, attached 1.92
2 2.18
3 or 4 2.28
5 or more 1.91
Mobile Home 1.52
2. The subdivider shall without credit provide full street
improvements and utility connections including, but not limited
to curbs, gutters, street paving, traffic control devices, street
trees and sidewalks to dedicated land.
3. The subdivider may be required to provide any of the
following without credit: a) fencing along the property line of
that portion of the subdivision contiguous to the dedicated land,
b) improved drainage throughout the site and, c) other minimal
improvements which the subdivision committee identifies to be
essential to the acceptance of the land for park and recreational
purposes.
4. Where only a portion of land to be subdivided is
proposed on the City of Morro Bay Park and Recreation Element of
the General Plan as the site for a local park, or when a major
part of the local park and recreation site has already been
acquired by the City of Morro Bay and only a small portion of
EXHIBIT "B"
page 2
0 •
land is needed from the subdivision to complete the site, such
portion shall be dedicated for local park purposes and a fee
in -lieu of additional land that would have been required to be
dedicated shall be paid.
E. Dedication of land, less than 50 parcels.
1. If the proposed subdivision contains fewer than
fifty (50) parcels the subdivider shall pay a fee in -lieu of
dedicating land. Such fee shall be calculated in accordance
with Paragraph F of 16.16.030.
2. In cases where the subdivider proposes the voluntary
dedication of land for park and recreation purposes, such land
shall be found acceptable for park and recreation purposes by
the City Council prior to acceptance of the voluntary dedication
of land. The City Council may require payment of in -lieu fees
in addition to the voluntary dedication of land.
F. Fees in -Lieu of Land Dedication.
1. If there is no park and recreation facility designated
in the City of Morro Bay Park and Recreation Element of the General
Plan to be located in whole or in part within the proposed sub-
division, the subdivider shall pay a fee equal to the value of
the land plus 20% towards the cost of off -site improvements that
would have been required if land had been dedicated. Such fees
shall be used for a local facility which bears a reasonable
relationship to serve the present and future recreation needs
of the residents of the subdivision.
2. Fees paid in -lieu of land dedication shall be based
on the fair market value of the amount of land within the
proposed subdividion which would otherwise have been required.
Fair market value shall normally be based on the average value of
an acre of land as determined by the total assessed land value
within the City or a writiteo..appraisaliof._the,,landaudy,be requested from an
appraiser acceptable to the City of Morro Bay if so desired.
3. In -lieu fees must be paid prior to the recording of
the final map. Fees shall be determined by the City Engineer
and paid to the City of Morro Bay for deposit in the Park Fee
Fund. Moneys in this Fund shall be expended solely for those
uses allowed in the Government Code including the acquisition
or development of park or recreation facilities. Fees shall be
committed pursuant to the park and recreation program within
five (5) years of issuance of building permits on one -half
of the lots created by the subdivision.
G. Exceptions to Parkland Dedication Requirements.
1. Subdivisions containing less than five parcels and
not used for residential purposes shall be exempted from the re-
quirements of this section; provided however, that a condition
may be placed on the approval of such parcel map that if a build-
ing permit is requested for construction of a residential struc-
ture or structures on one or more of the parcels within four years
the fee may be required to be paid by the owner of each such parcel
as a condition to the issuance of such permit.
2. The provisions of this section do not apply to commercial
or industrial subdivisions; nor do they apply to condominium projects
or stock cooperatives which consist of the subdivision of airspace
EXHIBIT "B"
page 3
• •
in an existing apartment building which is more than five (5) years
old when no new dwelling units are added.
H. Subdivider Provided Recreation Improvements.
1. The value of specific recreation improvements to the
subdivided land provided by the subdivider shall be credited against
the fees or dedication of land required by this section. The City
Council shall approve such improvements prior to agreeing to accept
the dedication of land and to require in -lieu fees should the pro-
posed land and improvements be unacceptable or designated in the
Park and Recreation Element of the Morro Bay General Plan.
• •
ORDINANCE NO. 248
AN ORDINANCE TO AMEND SECTION 2.44.010 OF THE MORRO BAY
MUNICIPAL CODE AUTHORIZING AN AMENDMENT. TO THE CONTRACT BETWEEN
THE CITY OF MORRO BAY AND THE BOARD OF ADMINISTRATION OF THE
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
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 Section 2.44.010 is amended by authorizing an
amendment to the contract between the City Council of the City pf
Morro Bay and the Board of Administration, California Public Employees'
Retirement System, a copy of said amendment being attached hereto,
marked "Exhibit A ", and by such reference made a part hereof as
though herein set out in full.
SECTION 2. The Mayor of the Morro Bay City Council is hereby
authorized, empowered and directed to execute said amendment for
and on behalf of said Agency.
PASSED AND ADOPTED by the City Council of the City of Morro
Bay at a regular meeting held thereof on the 10th day of October,
1983, by the following roll call vote:
AYES: Anderson, Lemons, Zeuschner
NOES: None
ABSENT: Risley, Shelton
ATTEST:
A__ _ eCa td.
, DEPUTY CITY CL
BUD ZEUS , MAYOR PRO TEM
•
ORDINANCE NO. 247
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF MORRO BAY AMENDING SECTION 2.09 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, the City Council of the City of Morro Bay has
determined that it would be beneficial to the City of Morro
Bay to hold its regular municipal election on the same day
as the statewide general election in November,
NOW, THEREFORE, the City Council of the City of Morro
Bay does ordain as follows: .
SECTION 1. That Section 2.09 of the Morro Bay Municipal
Code be amended to read as follows:
2.09 Elections. Pursuant to authority granted by the
State of California,, the City of Morro Bay shall hold its
general. municipal election on the same day as the statewide
general election_. The date for said election is the first
Tuesday after the first Monday in November of even numbered
years,. unless otherwise designated by the State.
PASSED AND ADOPTED by the City Council of the City of
Morro Bay at a regular meeting thereof held this 10th day of
October,_ 1983, by the following roll call vote:
AYES: Anderson, Lemons, Zeuschner
NOES: None
ABSENT: Risley, Shelton
BUD -ZEUSC •, MAYOR PRO TEM
ATTEST:
PEGG JJ ANAN, DEPUTY CIT CLERK
III
ATTACHMENT "A"
DRAFT 7/19/83
ORDINANCE NO. 246
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MORRO BAY AMENDING CHAPTER 15.48 OF THE MORRO BAY
MUNICIPAL CODE, CREATING A 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. Chapter 15.48 of the Morro Bay Municipal Code is
hereby amended to read as follows:
15.48.010 ESTABLISHED. There is hereby created a Harbor
Commission consisting of five (5) members and five (5)
alternates.
15.48.020 PURPOSE. The purpose of the Commission shall be
to act in an advisory capacity to the City Council in areas
relating to harbor activities specified here as requiring City
Council action.
15.48.030 QUALIFICATIONS. The members and alternates of
the Harbor Commission shall be qualified electors of the City,
and shall serve without compensation. They shall hold no other
public office in the City or employment in the City government.
An attempt shall be made to select one (1) member and one (1)
alternate from each of the following interests:
a. Commercial Fishing;
b. Fish Processing;
c. Marine - Oriented business;
1
d. Recreational Boating; •
e. A Member selected at large.
15.48.040 APPOINTMENTS. Appointments to the Harbor
Commission 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 and
alternates of the Harbor Commission shall serve for a period of
four (4) years beginning August 25, 1983. The term of office of
two (2) members and two (2) alternates shall expire on December
31, 1985, and every four (4) years thereafter; the term of office
of two (2) members and two (2) alternates shall expire on
December 31, 1986, and every four (4) years thereafter; and the
term of office for the remaining member and alternate shall
expire on December 31, 1987, 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.
15.48.060 REMOVAL OF MEMBERS. All members and alternates
of the Harbor Commission shall serve at the pleasure of the City
Council. Members and alternates 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 Commission shall
select a chairperson and vice - chairperson, both of whom shall
2
hold office for two (• 2) years and until a successor is selected.
The Chairperson shall preside over meetings, 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 at least once a month.
15.48.090 QUORUM. The majority of the members shall
constitute a quorum.
15.48.100 ABSENCE FROM MEETINGS. Absence of a member from
three (3) consecutive meetings, without the formal consent of the
Harbor Commission noted in its official minutes, or in the event
such member shall be convicted of a crime involving moral
turpitude, or ceases to be a qualified elector of the City, said
position shall become vacant and shall be so declared by the City
Council.
15.48.110 SECRETARY /MINUTES The City Administrator shall
appoint a staff member to be secretary to the Commission. The
secretary shall maintain an accurate public record of the
activities and official actions of the Harbor Commission.
3
• •
15.48.120 STAFF ATTENDANCE. The Director of Public Works
or his designee shall attend meetings of the Commission and shall
make such report to the Commission, the City Administrator, or to
the City Council as required.
15.48.130 DUTIES AND RESPONSIBILITIES The area of
responsibility of the Harbor Commission shall encompass that area
designated on the attached map labeled Exhibit "A ". The powers
and duties of the Harbor Commission shall be:
A. Advise City Council in all matters pertaining to the
operation of vessels and watercraft within the harbor area,
including their use, control, operation, promotion, and
regulation in said harbor. Advise on the maintenance and
operation of said harbor to include: all navigable waters,
buildings, structures, wharfs, docks, piers, slips, warehouses,
appliances, utilities and facilities forming a part of or
accessory to or relating to said harbor, or to water commerce,
navigation, or fishery in and about said harbor.
B. Review and recommend to the City Council regarding public
improvements for construction, erection and dredging.
C. Review and recommend rules and regulations pertaining to any
of the matters listed in (A) above.
D. Review and recommend rates, tolls, fees, rents, charges, or
other payments to be made for use or operation in the harbor.
E. Review and recommend on all requests involving harbor - related
uses and facilities. The Commission shall make reports and
recommendations to the various City Boards or Commissions on
4
matters relating to activities within the harbor upon which the
Board or Commission must act or approve with such report
ultimately being included when before the City Council.
F. Review and recommend to the City Council regarding changes in
use for leases with the City relating to harbor land /water
facilities.
G. Review annual and long range Harbor Division programs and
make any 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 25th day of July,
1983, by the following roll call vote:
AYES: Anderson, Lemons, Risley, Zeuschner, Shelton
NOES: None
ABSENT: None
ATTEST:
PEG
CHANAN, DEPUTY CITY CLERK
5
R. SHELTON, MAYOR
The City of
MORRO BAY
San Luis Obispo Co., California
HARBOR. COMMISSION EXH�g�T "A" JURISDICTIONAL AREA
•
ORDINANCE NO. 245
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MORRO BAY AMENDING SECTION 3.24.030 OF THE MORRO BAY
MUNICIPAL CODE INCREASING THE TRANSIENT OCCUPANCY TAX TO EIGHT
PERCENT (8 %)
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 of less in
hotels, motels, or other lodging; and
WHEREAS, this Council finds that it is necessary to develop
additional revenues to fund increasing costs of providing general,
governmental services;
NOW; THEREFORE, BE IT ORDAINED by the City Council of the
City of Morro Bay amends'Section 3.24.030 to read as follows:
3.24.030 Tax imposed. For the privilege of occupancy in
any hotel, each transient is subject to and shall pay a tax in the
amount of eight percent of the rent charged by the operator. The
tax constitutes a debt owed-by the transient to the City which is
extinguished only by payment to the operator or to the City. The
transient shall . pay the tax to the operator of_ the hotel at the
time the rent is paid. If the rent is paid in installments, a
proportionate share of the tax shall be paid with each installment.
The unpaid tax shall be due upon the transient ceasing to occupy
space in the hotel. If, for any reason, the tax due is not paid
to the operator of the hotel, the Tax Administrator may require
that such tax shall be paid directly to the Tax Administrator.
(NOTE: Amendment is shown underlined.)
SECTION 4. This amendment shall be effective September 1,
1983, and thereafter.
PASSED AND ADOPTED by the City Council of the City of Morro
Bay at a regular meeting held thereof on the 25th day of July, 1983,
by the following roll call vote:
AYES: Anderson, Lemons, Risley, Zeuschner, Shelton
NOES: None
ABSENT: None
ATTEST:
PEGG HANAN, DEPUTY CITY CLERK
. SHEL ON, MAYOR
•
ORDINANCE NO. 244
AN ORDINANCE AMENDING SECTION 2 OF ORDINANCE 175
AND SECTIONS 14.40.020 AND 14.40.030 OF THE MORRO BAY
MUNICIPAL CODE RELATING TO UNSAFE STRUCTURES
T H E C I T Y C O U N C I L
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as follows:
SECTION 1. That Section 2 of Ordinance 175 and Sections 14.40.020
and 14.40.030 of the Morro Bay Municipal Code be amended as follows:
14.40.020 Unsafe Buildings or Structures Delared Public Nuisances:
All unsafe buildings or structures are hereby declared to be public
nuisances and shall be abated by repair, rehabilitation, demolition
or removal in accordance with the procedure specified in this chapter.
14.40.030 Notice and Order of the Building Official of Fire
Marshall: Whenever the Building Official or Fire Marshall has
inspected or caused to be inspected any building or structure and
has found and determined that such building or structure is an unsafe
building or structure, he shall commence Proceedings to cause the
repair, rehabilitation or demolition of the building or structure.
PASSED AND ADOPTED by the Morro Bay City Council at a regular
meeting held thereof on the 23rd day of May, 1983 by the following
roll call vote:
AYES: Anderson, Lemons, Risley, Zeuschner, Shelton
NOES: None
ABSENT: None
ATTEST:
PEGG, ' /HANAN, DEPUTY CIT CLERK
APPROVED AS TO FORM:
I_ L..4P / I•f•arc.../0" ♦ �
MIC•AEL LESAG ,
ATTORNEY
R. SHEL ON, MAYOR
• ORDINANCE NO. 243
•
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO
BAY AMENDING SECTION 1 OF ORDINANCE 212, AND SECTION 17.48.290
OF THE MORRO BAY MUNICIPAL CODE; SECTION 6, OF ORDINANCE 100 AND
SECTION 17.32.090 OF THE MORRO BAY MUNICIPAL CODE; MUNICIPAL CODE
CHAPTER 17.12 BY ADDING THERETO SECTIONS 17.12.035 AND 17.12.55;
AND SECTION 1 (PART) OF ORDINANCE 82 AND SECTION 5.04.330 OF THE
MORRO BAY MUNICIPAL CODE (CASE NO. ZOA 02 -83)
T H E C I T Y C O U N C I L
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as follows:
SECTION 1. That Section 1
of the Morro Bay Municipal Code
Exhibit "A" attached hereto.
SECTION 2. That Section 6
of the Morro Bay Municipal Code
Exhibit "B" attached hereto.
of Ordinance 212 and Section 17.48.290
be amended to read as described in
of Ordinance 100 and Section 17.32.090
be amended to read as described in
SECTION 3. That Municipal Code Chapter 17.12 be amended by
adding thereto new Sections 17.12.035 and 17.12.055, to read as
described in Exhibit "B" attached hereto.
SECTION 4. That Section 1 (part) of Ordinance 82 and Section
5.04.330 of the Morro Bay Municipal Code be amended to read as
described in Exhibit "C" attached hereto.
SECTION 5. That the Council does hereby approve of the
Environmental Coordinator's determination to file a Negative Declaration
pursuant to the California Environmental Quality Act, in connection
with this Zoning Ordinance Text Amendment, Case ZOA 02 -83.
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 9th day
of May, 1983, by the following roll call vote:
AYES: Anderson, Lemons, Risley, Zeuschner, Shelton
NOES: None
ABSENT: None
ATTEST:
/r ./G., TitiA . f
PEG rifCHANAN, DEPUTY CITY CLERK
APPROVED AS TO FORM:
',. !1..0
MICH•EL T. LESAGE
CITY STTORNEY
E G . SHELTON, MAYOR
• . Ordinance No. 243
EXHIBIT A
Amend Municipal Code (Zoning Ordinance) Section 17.48.290 to read as
follows:
17.48.290 Amusement and Pinball Machines and Arcades. A. Three (3)
coin operated amusement machines or devices (excluding juke boxes,
vending machines and pool tables) shall be allowed within the commercial
(including Planned Development Suffix) Zones of the City when clearly
operated as an incidental or accessory use to the principally permitted
use of the property; and in accordance with the following criteria:
1. Amusement machines shall be expressly reviewed and listed as an
accessory activity in any zone which requires a Conditional Use
Permit to be obtained for the principal business enterprise.
2. Amusement machines or devises shall not be operated as the sole
or principal business activity.
3. No more than the stated number of amusement machines or devices
shall be allowed in conjunction with the operation of an approved
legally conforming business enterprise.
4. No more than ten (10) percent of the gross enclosed floor area of
a business shall be devoted to amusement machines; and amusement
machines shall not be permitted out of an enclosed structure.
B. Where so designated in Chapter 17.32 of this Title, Amusement and
Pinball Machine Arcades consisting of four (4) or more mechanical or
electronic machines or devices may be permitted subject to obtaining
a Conditional Use Permit. The Planning Commission shall conduct a
noticed Public Hearing and report its findings to the City Council who,
at a noticed Public Hearing, shall render its final decision on
Conditional Use Permit issuance. This action shall be in conjunction
with any City licensing procedures required of arcade operations.
In addition to the findings required by Section 17.60.030 of this Code
for issuance of a Conditional Use Permit, the City Council shall
determine that the subject application meets the following locational
criteria prior to approving a permit:
1. That in general, no arcade site be located close to a school facility,
a park-playground, a liquor store or bar and in general located away from
residential use zones or places of religious worship.
C. Standard conditions and limitations shall be imposed by the City
Council in the approval of all Conditional Use Permits for arcades
involving four (4) or more machines or devices. The following require-
ments shall apply in addition to any other provisions for an arcade
permit approval:
1. The Conditional Use Permit shall only authorize the individual(s)
named in the application to conduct the arcade business and shall
not be transferable to another property or person.
2. The Conditional Use Permit shall only remain valid for that period
of time in which a City license is in full force and effect.
' Exhibit A
Page Two
•
Ordinance No. 243
3. Vehicle and bicycle parking shall be provided onsite, as required
by Chapter 17.44 of this Title.
4. A public restroom for each sex shall be provided within the arcade.
5. Exterior security lighting shall be provided in all parked and
outdoor public areas.
6. All machines or devices shall be maintained within an enclosed
building.
7. That all other local, state, or federal laws or regulations be
observed in the . exercise of the permit.
` • Ordinance No. 243
EXHIBIT B
Amend Municipal Code Section 17.32.090, (C -1 Zone) to provide the
following activity under items requiring a Use Permit:
Amusement Machine Arcades; (with standards) as specified
in the Use Permit.
Amend Municipal Cede Chapter 17.12, by adding thereto the following
new definition sections:
17.12.035 Amusement Machine.
"Amusement Machine" means any machine, table, board,
electronic device or appartus fitted for use by the public,
the operation of which is permitted, controlled, allowed
or made possible by the deposit or insertion of any coin,
plate, disc, slug or key into any slot, crevice or opening
or by the payment of any fee or fees, and which operates
or which may be operated for use as a game, contest, or
amusement, or which may be used for any such game, contest
or amusement, but which machine, table, board, device or
apparatus does not contain a pay -off device and which does
not return or vend any article or merchandise or any money,
coin, check, or token. "Amusement Machine" shall not
include phonographs, juke boxes, picture taking machines,
or pin setting devices.
17.12.055 Arcade.
"Arcade" or "Amusement Arcade" means a commercial entertain-
ment land use consisting of four (4) or more amusement
machines located within one building or structure.
•
Ordinance No. 243
EXHIBIT C
ARCADE LICENSE PROVISIONS
5.04.330 Submitting application to Chief of Police and City Council.
A. The application for a business license must be presented to the
Chief of Police for his findings and recommendations in relation to
the following businesses as a pre - requisite to the issuance of such
a license:
Carnival;
Circus or menagerie;
Money lending or pawnbroker;
Massage parlor;
Tent show;
Amusement parlor, penny arcade, or playland;
Private patrol service.
B. The application to carry on any business enumerated in subsection A
shall be submitted to the City Council for its action before a license
may be issued. No license shall be issued to carry on any business at
any location where such would be in violation of Title 17, zoning.
Add the following provisions in a new subsection 5.04.330 'C'.
C. Where an application for a new business license or renewal has been
submitted for an amusement parlor, penny arcade or similar business
enterprise involving four (4) or more amusement machines (as defined in
Section 17.12.035 of this code), the Chief of Police shall cause to
have taken, fingerprints of all business supervisors and employees of
the arcade, and to prepare a confidential background investigation to
be assessed in a report to the Council. Failure to submit to finger-
printing, or identification of a criminal involvement shall be grounds
for denial of the license.
Consideration of a license described by this Section shall take place at
a noticed Public Hearing before the City Council. In the review of a
license application, the City Council may assign such conditions as it
deems necessary for the conduct of the business operation to protect
the public health, safety and welfare. All licenses authorized by the
Council shall include, but not be limited to the following minimum
provisions:
1. The requirements of approvals granted under Title 17, Zoning, shall
complied with in the exercise of the business activity.
2. Applications for annual renewals shall be considered at a noticed
public hearing, with a report from the Chief of Police as to
compliance with conditions of approval and any law enforcement
related problems experienced in the past year.
3. The Chief of Police shall report any license condition violations
found to occur during the licensing period, and if in the opinion
of the City Council, the violation reported materially affects
the public health, safety or welfare, the license may be immediately
suspended, or revoked; in which case any approval granted under
Title 17, Zoning, shall be similarly suspended or revoked.
"exhibit C
Page Two
•
Ordinance No. 243
4. All supervisors or managers of arcades shall be at least (21)
twenty -one years of age.
5. That the awarding of monetary prizes in contests or tournaments
be prohibited.
6. That children under the age of eighteen (18) shall not be allowed
within the arcade during normal school hours or after 10:00 p.m.
unless accompanied by a parent of legal guardian.
• •
ORDINANCE NO. 242
AN ORDINANCE AMENDING SECTION 6 OF ORDINANCE 108 AND
SECTION 14.64.540 OF THE MORRO BAY MUNICIPAL CODE
THE CITY COUNCIL
City of Morro Bay, California
The City Council of the City of Morro Bay, California, does ordain
as follows:
That Section 6 of Ordinance 108 and Section 14.64.540 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 meeting of said City Council held this llth day of April , 1983,
by the following roll call vote:
AYES: Anderson, Lemons, Risley, Zeuschner, Shelton
NOES: None
ABSENT: None
ATTES
P UL BAXTER, ity Gel(
APPROVED AS TO FORM:
MICH LE AGE, City orney
•
ORDINANCE NO. Page Two
EXHIBIT "A"
Amend Section 6 of Ordinance 108 and Section 14.64.540, as follows:
14.64.540 Time limits. There are hereby declared to be the
following time periods commencing six months from October 1, 1972,
within which all nonconforming 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
this chapter: eleven years.
EXCEPTION: The following time period shall apply to signs legally
erected pursuant to a valid sign permit issued within two years
immediately preceeding October 1, 1972:
All signs not in conformance with this chapter: Fifteen years
from permit date.
1 0
ORDINANCE NO. 241
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MORRO BAY ADDING CHAPTER 5.28 TO THE MUNICIPAL CODE OF THE
CITY OF MORRO BAY TO ESTABLISH A 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 ordain as follows:
SECTION 1. That Title 5 of the Morro Bay Municipal Code "Business
Licenses and Regulations" be amended to add Chapter 5.28 as follows:
Chapter 5.28
TV Franchise and Services Board
5 :28:010 TV Franchise and Services Board: A Franchise Board
comprised of at least five (5) 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
at a regular meeting held thereof on the llth day of April, 1983, by
the following roll call vote:
AYES: Risley, Zeuschner, Shelton
NOES: Anderson, Lemons
ABSENT: None
ATTEST:
Al IF
TA/
PEG
.4 .4 /
HANAN, DEPUTY CITY CLERK
ORDINANCE NO. 240
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AMENDING
ORDINANCE NO. 237, IN ORDER TO ALLOW ADDITIONAL EXCEPTIONS TO THE
REQUIREMENTS FOR A CONDITIONAL USE PERMINT IN THE "CZ "SPECIAL COASTAL
ZONE DISTRICT
WHEREAS, on November 22, 1982, the City Council of the City of Morro Bay
did adopt Ordinance No. 237 establishing a "CZ ", Special Coastal Zone, District
in order to regulate new development in the coastal zone until such time that
the zoning districts implementing the Coastal Land Use Plan are complete; and
WHEREAS, the City has found that the careful and complete review of proposals
can be more efficient by amending Ordinance No. 237, to allow additional exceptions
to the requirements for conditional use permits for certain proposals of a minor
nature; and
WHEREAS, the City Council of the City of Morro Bay has held a duly noticed
public hearing on February 14, 1983, to consider such amendment.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay
as follows:
That the City Council of the City of Morro Bay does hereby amend
Ordinance No. 237, in order to allow additional exceptions to the requirements
for conditional use permits as provided for in Exhibit "A ", which is attached
hereto and made part hereof by this reference.
PASSED, APPROVED and ADOPTED, on the 28th day of February, 1983, by the
following vote:
AYES: Anderson, Lemons, Risley, Zeuschner, Shelton
NOES: None
ABSENT: None
ATTE
PAUL BAXTER, City Clerk
APPROVED AS TO FORM:
MICHAEL T. LESAGE, City Attorney
EUGENE R. SHELTIN, Mayor
•
ORDINANCE NO. 240
EXHIBIT "A"
Add the following to Section 3.0 (c) of the Interim "CZ ", Special Coastal
Zone, District text in Ordinance No. 237.
(3) Where the proposed development is a duplex (two residential units)
in an area designated on the Coastal Land Use Plan Map for residential
uses provided that the proposed development does not exceed the maximum
density allowed in the Coastal Land Use Plan Map designation and that
the proposed development meets the standards of corresponding residential
zones as determined by the Director of the Community Development Department.
(4) Where the proposed use is a new occupancy of an existing structure and
conforms to all other City requirements and contemplated zoning provisions,
as determined by the Director of the Community Development Department.
(5) Where the proposed use is an addition to an existing legally conforming use,
provided however that such addition does not exceed 30 percent of the floor
area of the existing structure, and a discretionary approval would not
otherwise be required.
•
ORDINANCE NO. 239
AN ORDINANCE AMENDING SECTION 2.24.030 OF
ORDINANCE 54 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 does ordain as follows:
SECTION 1. That Section 2.24.030 of Ordinance 54 § 1 of the
Morro Bay Municipal Code be amended to read as described hereinafter:
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
representing the school district. Ex officio members shall be
appointed by the mayor. (Ord. 54 ® 1 (part), 1966:
prior code § 2623).
PASSED AND ADOPTED by the City Council of the City of Morro
Bay at a meeting of said City Council held this tenth day
of January, 1983, by the following roll call vote:
AYES: Anderson, Lemons, Risley, Zeuschner, Shelton
NOES: None
ABSENT: None
ATTEST:
PAUL BAXTER, City Clerk
APPROVED AS TO FORM
MICHAEL T. LESAGE
City Attorney
. SHELTO , Mayor
ORDINANCE NO. 238
AN ORDINANCE ADDING SECTION 14.65.355 TO TITLE XIV,
OF THE MORRO BAY MUNICIPAL CODE: AND, AMENDING
SECTION 2 OF ORDINANCE 58 AND SECTION 14.64.67
OF THE MORRO BAY MUNICIPAL CODE
THE CITY COUNCIL
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as follows:
SECTION 1. That Title XIV of the Morro Bay Municipal Code be amended by
adding thereto a new Section 14.64.355 "Directional and Community Promotional
Display Programs ", as described in Exhibit "A ", attached hereto.
SECTION 2. That Section 2 of Ordinance 58, and Section 14.64.670 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 meeting
of said City Council held this tenth day of January, 1983, by the following roll
call vote:
AYES: Anderson, Lemons, Risley, Zeuschner, Shelton
NOES: None
ABSENT: None
ATTEST:
P t-A-
PAU BAXTER, C1'iy Jerk
APPROVED AS TO FORM
MICHAEL T. LESAGE
City Attorney
EUGENE R. SHELTON, Mayor
•
ORDINANCE NO. PAGE TWO
EXHIBIT "A"
Amend Municipal Code Title 14, as noted:
Add new Section 14.64.355
14.64.355 Directional and Community Promotional Display Programs. Directional and
community promotion sign programs advertising, directing or informing pedestrians
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 City,
and on public lands or right -of -ways upon the granting of an exception permit. The
Planning Commission shall hold a public hearing as required by Section 14.64.140, but
shall report its findings to the City Council. The City Council shall conduct a public
hearing and take the action ascribed to the Planning Commission in Section 14.64.150.
Amend Section 14.64.670, to read as follows:
14.64.670 Signs not related to property. No permit shall be issued and no person
shall cause or permit a sign to be installed or erected which advertises a name,
place, product, service, or any other subject not related to the property, or use
of the property, on which it is located, except as provided in Section 14.64.355.
ORDINANCE NO. 237
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MORRO BAY ADOPTING AN INTERIM URGENCY ZONING ORDINANCE
WHICH SHALL TAKE EFFECT IMMEDIATELY UPON ITS ADOPTION
WHEREAS, the City of Morro Bay has completed a Coastal Land Use Plan
and is preparing the contemplated zoning ordinances which will serve to implement
said plan; and
WHEREAS, many areas of the City are at this time within zoning districts
which allow uses that conflict with the Coastal Land Use Plan and with said
contemplated zoning ordinances; 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 until the contemplated zoning ordinances are adopted in order to protect
the general welfare and the best interest of the community by allowing only such
new development that conforms to the recently prepared Coastal Land Use Plan; and
WHEREAS, the potential conflicts between existing zoning ordinances and
the Coastal Land Use Plan present a situation in which a consistent standard of
review for new development is lacking and it is therefore necessary in order to
protect the general welfare and the best interests of the community, that this
interim urgency zoning ordinance take effect immediately upon its adoption as
provided for in Public Resources Code Section 65858; and
WHEREAS, the City Council of the City of Morro Bay has held a duly
noticed public hearing on the 22nd day of November, 1982, to consider such
interim urgency ordinance.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay,
as follows:
That the City Council of the City of Morro Bay does hereby adopt an
"Interim Urgency Zoning Ordinance" (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 the 22nd day of November, 1982, by the
following vote:
AYES: Anderson, Lemons, Risley, Zeuschner, Shelton
NOES: None
ABSENT:
ATT T:
.tC
jtJc:
U L BAXTER, City Clerk
None
ENE SHE ON, Mayor
City Council Exhibit "A"
Ordinance No. 237
INTERIM URGENCY ZONING ORDINANCE AND
ESTABLISHMENT ON AN INTERIM BASIS THE
"CZ ", SPECIAL COASTAL ZONE, DISTRICT
Section 1.0 Purpose and Intent
The purpose of this ordinance is to eliminate conflicts between existing zoning
districts and the contemplated zoning ordinances which are now being prepared to
implement the City's Coastal Land Use Plan. This ordinance is intended to prohibit
any use which may conflict with such contemplated ordinances and to allow uses found
to be consistent with both the Coastal Land Use Plan and City General Plan Land Use
Element, after a coastal development permit has been issued either by the California
Coastal Commission or the City of Morro Bay as provided for in Public Resources Code
Sections 30600.5 and 30624.
Section 2.0 Application, CZ" Interim District Established
This ordinance shall apply to those parts of the City for which the existing zoning
may conflict with the contemplated zoning ordinances being prepared to implement
the Coastal Land Use Plan. Such parts of the City shall be designated in a "CZ ",
Special Coastal Zone, District on an interim basis until said contemplated zoning
ordinances are adopted. The parts of the City so designated in the "CZ" Zone are
depicted in the district map, Figure 1, attached hereto.
Section 3.0 Permitted Development
A. General. Development in the CZ, Special Coastal Zone, District may be permitted
subject to: (1) a Conditional Use Permit granted by the City pursuant
to the provisions of Municipal Code Chapter 17.60, except as provided for in
Section 3.0 (c) below, and (2) a coastal development permit issued
either by the California Coastal Commission or by the City of Morro Bay as
provided for in Public Resource Code Sections 30600.5 and 30624.
B. Findings Required. No permit may be issued by the City unless the proposed
development is found to be in conformance with the Coastal Land Use Plan and
the Land Use Element of the Morro Bay General Plan. Any development found to
be inconsistent with the Land Use Element or with the Coastal Land Use Plan
or with the contemplated zoning ordinances being prepared to implement said
plan shall be prohibited.
C. Exceptions. Section 3.0 (A) above notwithstanding, a conditional use permit shall
not be required for the following developments in the CZ, Special Coastal Zone,
district:
(1) Where the Planning Commission has approved a conditional use permit for the
proposed project prior to the adoption on this ordinance, and the project as
conditioned is in conformance with the findings required in Section 3.0(B)
above, as determined by the Director of the Community Development Department; or
(2) Where the proposed development is a single family residence in an area designated
on the Coastal Land Use Plan Map for "medium density residential" or any other
lower density residential category and where the proposed residence meets the
standards of corresponding residential zones as determined by the Director of
the Community Development Department.
City Council
Ordinance No. 237
Section 4.0 Duration
The provisions of this ordinance shall have no further force and
(a) one year from date of adoption, or (b) at such time that the
Program, including the implementing zoning ordinances, is certifi
Coastal Commission and adopted by the City Council, whichever is
Exhibit "A"
PAGE TWO
effect either
City's Local Coastal
ed by the California
sooner.
1
ORDINANCE NO. 236
AN ORDINANCE ADDING CHAPTER 17.20 TO TITLE XVII,
SECTIONS 16.24.040 (F) and 16.28.020 (E) TO TITLE
XVI, AND SECTION 14.04.035 TO TITLE XIV 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 fol
SECTION 1. That Title 17 of the Morro Bay Municipal Code be
adding a new chapter 17.20, "Coastal Development Permits and Procedures
in Exhibit "A ", attached hereto.
lows:
amended by
", as described
SECTION 2. That Title 16 of the Morro Bay Municipal Code be amended by
adding Sections 16.24.040 (F) and 16.28.020 (E), as described in Exhibit "B ", attached
hereto.
SECTION 3. That Title 14 of the Morro Bay Municipal Code be amended by
adding Section 14.04.035 as described in Exhibit "C ", attached hereto.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting held thereof on November 22, 1982, by the following roll call vote:
AYES: Anderson, Lemons, Risley, Zeuschner, Shelton
NOES: None
ABSENT: None
ATTEST:
AAC `
PAUL BAXTER, City Clerk
APPROVED AS TO FORM:
MICHAEL T. LESAGE, City Attorney
EXHIBIT "A"
The following new Chapter 17.20 is hereby added to Title 3.7 of
the Morro Bay Municipal Code.
Chapter 17.20
COASTAL DEVELOPMENT PERMITS AND PROCEDURES
17.20.010 Intent. Adoption by the City of Morro Bay of its
Certified Coastal Land Use Plan (LUP) necessitates procedures for
issuance of coastal development permits pursuant to Public
Resources Code Sections 30512 and 30600.5.
It is the intent of this Chapter to place special controls on
development within that portion of the City of Morro Bay located
within the coastal zone sufficient to ensure the integrity of
said LUP during the interim period between certification of the
LUP and adoption of the implementing zoning ordinances.
17.20.020 Conflicting Ordinances Superceded. The controls
imposed by this Chapter shall supersede any conflicting local
ordinances or procedures affecting development in the coastal
zone.
17.20.030 Coastal Development Permits Required. All development
within the coastal zone shall er quire a coastal development
permit issued in accordance with this Chapter.
17.20.040. Definitions. The following definitions shall be used
for purposes of interpreting this Chapter.
(a) California Coastal Commission Original Permit
Jurisdiction shall mean:
(1) Developments between the sea and the first public
road paralleling the sea or within 300 feet of the
inland extent of any beach or of the mean high tide
line of the sea where there is no beach, whichever is
the greater distance.
(2) Developments located on tidelands, submerged
lands, public trust lands, within 100 feet of any
wetland, estuary, stream, or within 300 feet of the
top of the seaward face of any coastal bluff.
(3) Any development which constitutes a major public
works project as defined by California Administrative
Code 13012 and exceeding $50,000 in estimated cost of
construction.
1
i
(4) Any major energy facility as defined by Public
Resources Code Section 30107 and exceeding $50,000 in
estimated cost of construction.
(5) Any development proposed by any State Agency.
(b) Development is defined pursuant to Public Resources Code
Section 30106 and shall mean: on land, in or under water,
the placement of erection of any solid material or
structure; discharge or disposal of any dredged materials or
of any gaseous, liquid, solid, or thermal waster grading,
removing, dredging, mining, or extraction of any materials;
change in the density 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 size 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, road, pipe, flume, conduit,
siphon, aqueduct, telephone line, and electrical power
transmission and distribution line.
(c) Director shall mean the Director of the Community
Development Department or his /her representative.
(d) Emergency shall mean a sudden, unexpected occurence
demanding immediate action to prevent or mitigate loss or
damage to life, health, property or essential public
services.
17.20.050 Applicability of Procedures:
Regulations set forth in this article shall apply to development
within the coastal zone, except projects within the Coastal
Commission's Original Permit Jurisdiction for which application
must be made directly with the California Coastal Commission
subsequent to obtaining other applicable city permits as required
by the Morro Bay Municipal Code.
17.20.060 Duration:
The provisions of this Chapter shall have no further force and
effect at such time as the City's Local Coastal Program,
including the implementing zoning ordinances, is certified by
the Coastal Commission and adopted by the City Council.
2
• •
17.20.070 Applications and Submittal Procedures:
A. Applications - applications for a permit pursuant to the
provisions of this Chapter shall be submitted to the
Director on a form prepared by him. Such applications shall
include the following materials:
(1) A detailed description of the proposed
development comprised of maps, plans, and any other
information deemed necessary by the Director.
(2) Evidence of legal interest on the part of the
applicant in the property which is proposed to be
developed.
(3) All other appropriate permit applications and
related information otherwise required for the
proposed development pursuant to the provisions of
this Title.
(4) A fee set by resolution of the City Council.
B. Filing - within thirty (30) days following receipt of
an application for coastal development permit, the Director
shall determine in writing whether the application is
acceptable for filing.
In the event that the Director determines the application to
be incomplete, he /she shall specify for the applicant the
information necessary to complete the application.
No application shall be deemed acceptable for filing until
all information required by the Director has been submitted
and approved by him /her.
C. Concurrent Processing. Any other licenses, permits or
entitlements in addition to a coastal development permit as
required by the Morro Bay Municipal Code may be processed
concurrently with the coastal development permit application.
D. Determination of Coastal Commission Original Permit
Jurisdiction. The Director shall determine whether the
project is within the Original Permit Jurisdiction of the
Coastal Commission prior to acceptance of the application
for filing.
In the case of dispute over such determinations, the
Director shall forward the matter to the Executive Director
of the Coastal Commission for a final written determination.
The coastal development permit application shall not be
accepted for filing by the City until the determination of
the Executive Director is received and only if he /she
determines that the project is not within the Commission's
Original Jurisdiction.
3
• •
17.20.080 Public Notice Requirements:
A. Posting - Within ten (10) calendar days after an
application for coastal development permit is accepted for
filing, the applicant for such permit shall post, in a
conspicuous place on the site and at the Morro Bay Branch of
the public library, notice on a form provided by the
Director indicating that such application has been
submitted, and including the file number and a general
description of the proposed project. Failure on the part of
the applicant to post or maintain said notice throughout the
permit process shall constitute grounds for suspension of
the permit process by the City.
B. Notice by Mail -
1. At least seven (7) days prior to the first public
hearing on a development proposal, the Director shall notify
by first class mail, the following persons of the pending
application for coastal development permit:
(a) each applicant and agent;
(b) all persons who have requested to be on the
mailing list for the proposed development or for
coastal permit decisions within the City of Morro Bay
and who have provided a stamped, self - addressed
envelope for such purpose; and
(c) the owners of property and /or residents within
300 feet of the proposed development.
2. Such notice shall contain the following information:
(a) a statement that the development is within the
coastal zone;
(b) the date of filing of the application and the
name of the applicant and /or agent.
(c) the file number;
(d) a description of the proposed development and its
location;
(e) the date, time and place at which the application
will be heard by the Planning Commission;
(f) a brief description of the general procedure
concerning the conduct of hearing and local actions;
(g) the system for appeals of City action to the
Coastal Commission.
4
C. Published Notice - At least ten (10) days prior to the
first public hearing on a development proposal, notice of
the pending coastal development permit application shall be
published in a newspaper having general circulation within the
City. Such notice shall contain information required in
sections 17.20.080 B.2. (a) through (e) above.
17.20.090 Public Hearings /Planning Commission Action
Within 49 days after accepting a Coastal Development Permit
application for filing, or after the submittal of all
environmental documentation required pursuant to the California
Environmental Quality Act, including any Initial Study or
Environmental Impact Report, the Planning Commission shall hold a
public hearing on the proposed development. The Planning
Commission may approve, conditionally approve, or deny any
application submitted pursuant to the provisions of this Chapter.
In order to approve any Coastal Development Permit, the findings
of the Commission shall be that the approved or conditionally
approved project is consistent with the applicable provisions of
the certified Coastal Land Use Plan and does not conflict with
implementing ordinances that are being prepared to carry out the
policies of the certified Coastal Land Use Plan.
In the event that the City Council is the City body having sole
approval authority over a proposed development license, permit or
entitlement for which a coastal development permit is being
concurrently processed, the City Council shall take the action
otherwise required of the Planning Commission under this Chapter,
including related notice and permit procedures.
17.20.100 Appeals.
A. Appeals of Planning Commission Action. Any person,
including the applicant, may appeal, in writing, the
decision of the Planning Commission on a coastal development
permit application to the City Council within (10) days of
the Commission's action. Such appeals shall be filed with
the City Clerk on a prescribed form.
B. Council Action on Appeal. Upon receipt of an appeal
filed pursuant to Section 17.20.100 (A) above, the City
Clerk shall set the matter for public hearing before the
City Council, such hearing shall be held within forty (40)
days following such receipt, notice thereof to be given in
accordance with Section 17.20.080 herein. Notice shall also
be given to the Planning Commission which shall submit a
report to the City Council setting forth the reasons for the
action taken by the Commission. Such report shall be
submitted in writing or by representation at the hearing.
The City Council shall render its decision not more than
forty (40) days after the close of the hearing.
5
C. Notice of Final City Action. Within five (5) working
days of final City action on an application for any coastal
development, notice of the City action shall be sent by
first class mail to the Executive Director of Coastal
Commission and to any persons who specifically requested
notice of such final action by submitting a self- addressed,
stamped envelope to the City. Such notice shall include
conditions of approval and written findings and the
procedures for appeal of the City action to the Coastal
Commission.
D. Appeals to the Coastal Commission
1. Any final action taken by the City on a coastal
development permit application may be appealed to the
Coastal Commission by any person, the Executive Director or
any two (2) members of the Coastal Commission within twenty
(20) working days of receipt of notice of final City action
on the permit by the Executive Director and pursuant to
Public Resources Code Section 30602. The twenty (20) working
day appeal period shall be established from the date ofo
receipt of notice of final City action that contains
sufficient information on which to base an informed appeal
including project description, conditions of approved,
written findings and procedures for appeal. An action shall
be deemed final when all rights of appeal have been
exhausted. Except as provided in subsection (2) below,
exhaustion of all local appeals must occur before an
application may be appealed to the Coastal Commission.
2. An appellant may request that the application for a
coastal development permit be heard directly by the
Coastal Commission prior to exhaustion of local appeals only
if any one of the following occurs:
a. Where the Executive Director has determined that
an appellant was denied the right of local appeal
because local notice and hearing procedures for the
development did not comply with the provisions of
this chapter.
b. Where the project is appealed by two (2) members of
the Coastal Commission or the Executive Director of
the Coastal Commission.
c. Where the City Council refuses to hear the appeal.
17.20.110 Failure to Act: Notice of Failure to Act: Appeals
A. Failure to Act - Should the City fail to act on a
coastal development permit application within the time
limits specified by Government Code Section 65950- 65957.1 or
fail to hold a public hearing within the time limits
prescribed by this Chapter, the applicant shall notify the
Director and the Executive Director of the Coastal
6
• •
Commission in writing of his or her claim that the
development has been approved by operation of law. Said
notice shall specify the application which is claimed to
have been approved.
B. Notice - The City Council shall determine whether time
limits referenced in subsection (A) above have expired. The
Director shall, within seven (7) days of such a
determination, notify, by first class mail, the applicant
and any person receiving notice pursuant to 17.20.080 (B)
and, by registered mail, the Executive Director of the
Coastal Commission.
C. Appeals - Appeals of projects which are determined to
have been approved by operation of law by the City Council
or by court action may be pursued in the manner set forth
in Section 17.20.100.
17.20.120 Effective Date of Coastal Permit.
A final decision on an application for a coastal development
permit shall become effective after the twenty (20) working day
appeal period to the Coastal Commission has expired unless either
of the following occur:
(a) An appeal is filed; or
(b) The notice of final City action does not meet the
requirements set forth in Section 17.20.100 (C).
17.20.130 Review of Recorded Documents
All coastal development permits subject to conditions that
require the recordation of deed restrictions, easements, offers
to dedicate or agreements imposing restrictions on real property
shall be subject to the following procedures.
A. Transmittal of Legal Documents. Prior to issuance of a
coastal permit by the City, the Director shall forward, by
registered mail, a copy of the permit conditions and findings
of approval and copies of the legal documents necessary to
find the development consistent with the Coastal Land Use
Plan to the Executive Director of the Coastal Commission.
Such legal documents shall be subject to the review and
approval by the Executive Director regarding the legal
adequacy and consistency with the requirements of potential
accepting agencies.
B. Review Period. The Executive Director of the Coastal
Commission shall have fifteen (15) working days from receipt
of the documents in which to complete the review and notify
the Director of recommended revisions, if any.
C. Permit Issuance. The City may issue the coastal
development permit upon expiration of the fifteen (15)
7
•
working day period if notification of inadequacy has not been
received by the Department of Community Development within
that time period.
D. Deficiencies. If the Executive Director of the Coastal
Commission has recommended revisions to the applicant, the
coastal development permit shall not be issued until the
deficiencies have been resolved to the satisfaction of the
Executive Director.
17.20.140 Amendments to Permits
Application for amendments to coastal development permits issued
by the City shall be made to the Planning Commission.
A. Unacceptable Applications. An application for an
amendment shall be rejected if, in the opinion of the
Director, the proposed amendment would lessen or avoid the
intended effect of a partially approved or conditioned
permit, unless the applicant presents newly discovered
material information, whch he could not, with reasonable
diligence have discovered and produced before the permit was
granted.
B. Approval of Amendments. The Planning Commission or City
Council on appeal shall, consistent with the provisions of
this Chapter, determine whether the proposed development,
with the proposed amendment, is consistent with the
requirements of the certified Land Use Plan and whether the
proposed amendment conflicts with contemplated ordinances
that are being prepared to carry out the policies of the
certified Land Use Plan. The decision shall be accompanied
by written findings.
17.20.150 Expiration of Coastal Permits
A coastal development permit shall expire on the latest
expiration date applicable to any other permit or approval
required for the project, including any extension granted for
other permits or approvals. Should the project require no City
permits or approvals other than a coastal development permit,
the coastal development permit shall expire one year from its
date of approval if the project has not been commenced during
that time.
17.20.160 Administrative Permits
A. Uses Requiring an Administrative Coastal Development
Permit.
The Director may process as an administrative permit any
coastal development permit application which conforms to the
criteria set forth in Public Resources Code, Section 30624,
and specifically for the following uses:
8
•
(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 of one hundred
thousand dollars ($100,000) other than any subdivision
of land; and
(5) any development specifically authorized as the
principal permitted use in accordance with the certified
Land Use Plan.
B. Notice of Administrative Permits.
Within five (5) days of the filing of the application, notice
of the submission of a coastal development permit application
shall be posted at the site of the proposed development in a
conspicuous place and at the Morro Bay Branch of the public
library by the applicant using a form provided 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 17.20.090.
9
• •
Permits issued for such developments shall be governed by the
standards used in approving coastal development permits
pursuant to Public Resources Code, Section 30600.5 and this
Chapter.
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 allow 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 thirty (30)
days of acceptance of the application for filing, except for
developments for which other City licenses, permits or
entitlements are required by the Morro Bay Municipal Code.
In cases where other 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 at its first 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 application
governed by Public Resources Code Section 30600.5 and
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 17.20.100 through 17.20.120 inclusive.
10
• •
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 17.20.160 (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 for treating the
application as an administrative permit pursuant to
Section 17.20.160 (A), then the application shall
thereafter be treated in the manner prescribed by this
Chapter dealing with amendments to permits other than
administrative permits.
17.20.170 Emergency Permits.
A. Applications
(1) Applications in case of emergency shall be made
by letter to the Director, or in person or by
telephone, if time does not allow.
(2) The following information should be included in
the request:
a. Nature of the emergency;
b. Cause of the emergency, insofar as this can
be established;
c. Location of the emergency;
d. The remedial, protective, or preventive work
required to deal with the emergency; and
e. The circumstances during the emergency that
appeared to justify the cause(s) of action
taken, including the probable consequences
of failing to take action.
B. Verification of Emergency - The Director shall verify the
facts including the existence and the nature of the
emergency, insofar as time allows.
C. Criteria for Granting Permit
(1) The Director shall provide public notice of the
emergency work, with the extent and type of notice
determined on the basis of the nature of emergency.
11
(2) The Director may grant an emergency permit upon
411 4IP
reasonable terms and conditions, including an
expiration date and the necessity for a regular permit
application later, if the Director finds that:
a. An emergency exists that requires action more
quickly than permitted by the procedures for
administrative permits and the work can and will
be completed within thirty (30) days unless
otherwise specified by the terms of the permit.
b. Public comment on the proposed emergency
action has been reviewed, if time allows; and
c. The work proposed would be consistent with
the requirements of the certified Land Use Plan.
D. Report to City Council and to the Coastal Commission
(1) The Director shall report, in writing, to the
Coastal Commission and to the City Council, at its
first scheduled meeting after the emergency permit has
been issued, the nature of the emergency and the work
involved. Copies of this report shall be available at
the meeting and shall be mailed to all persons who
have requested such notification in writing.
(2) The report of the Director shall be informational
only; the decision to issue an emergency permit is
solely at the discretion of the Director, subject to
the provisions of this Chapter.
E. Exception. When immediate action by a person or public
agency performing a public service is required to protect
life and public property from imminent danger, or to restore,
repair, or maintain public works, utilities, or services
destroyed, damaged, or interrupted by natural disaster,
serious accident, or in other cases of emergency, the
requirements of obtaining any permit under this Chapter may
be waived upon notification of the Executive Director of the
Coastal Commission of the type and location of the work
within three days of the disaster or discovery of the danger,
whichever occurs first. Nothing in this section authorizes
permanent erection of structures valued at more than twenty -
five thousand dollars ($25,000).
17.20.180 Amendments to Text
Amendments to the text of this Chapter by the City shall be made
in the manner set forth in the Morro Bay Municipal Code and the
California Government Code, as applicable. Following City action
on the amendment, the matter shall be forwarded by registered
mail to the Executive Director of the Coastal Commission for
final action. Such action shall be transmitted to the Director
12
within (15) working 1ys following receipt of t request by the
Executive Director of the Coastal Commission.
17.20.190 Severability
If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this ordinance or any part thereof is for
any reason held to be unconstitutional, such decision shall not
affect the validity of the remaining portions of this ordinance
or any part thereof. The City Council hereby declares that it
would have passed each section, subsection, subdivision,
paragraph, sentence, clause or phrase thereof, irrespective of
the fact that any one or more sections, subsections,
subdivisions, paragraphs, sentences, clauses or phrases be
declared unconstitutional.
13
! •
EXHIBIT "B"
Add to Title 16, "Subdivisions ", the following new subsections:
16.24.040 F. Wherever a coastal development permit is required pursuant to
Division 20 of the Public Resources Code, no final map shall be approved unless
such a coastal development permit has been obtained from the California Coastal
Commission or from the City of Morro Bay as provided for under Sections 30600.5
and 30624 of the Public Resources Code. All coastal development permits applied
for from the City of Morro Bay shall be issued in accordance with the procedures
contained in Chapter 17.20 of the Morro Bay Municipal Code.
16.28.020 E. Wherever a coastal development permit is required pursuant to
Division 20 of the Public Resources Code, no final map shall be approved unless
such a coastal development permit has been obtained from the California Coastal
Commission or from the City of Morro Bay as 'provided for under Sections 30600.5
and 30624 of the Public Resources Code. All coastal development permits applied
for from the City of Morro Bay shall be issued in accordance with the procedures
contained in Chapter 17.20 of the Morro Bay Municipal Code.
•
Exhibit "C"
Add to Title 14, "Building and Construction ", the following section:
14.04.035 Coastal Permit Required. Wherever a coastal development permit is
required pursuant to Division 20 of the Public Resources 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 provided for under Sections
30600.5 and 30624 of the Public Resources Code. All coastal development permits
applied for from the City of Morro Bay shall be issued in accordance with the
procedures contained in Chapter 17.20 of the Morro Bay Municipal Code.
•
ORDINANCE NO. 235
AN ORDINANCE ADDING SECTION 7.08.310 TO AND
AMENDING SECTION 7.08.020 TO TITLE VII
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
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MORRO BAY AS FOLLOWS:
ITEM (1) Section 7.08.310 is hereby added to the Morro Bay Municipal
Code as follows:
Section 7.08.310 DOGS IN PUBLIC PLACES
Pursuant to the provisions of the Vehicle Code
Section 21113 with respect to animals that may be
found in a public park, whether or not in the company
of their owners, it shall be unlawful for any person
to permit any dog or other animal, owned, harbored
or controlled by him to be on the grounds of any
public park unless said individual has been granted
a City use permit for the specific purpose of con-
ducting an organized program or activity involving,
but not limited to, canines. Properly licensed
seeing -eye dogs are automatically exempted from this
section. Pursuant to Section 7.08.040 of the Morro
Bay Municipal Code, it shall be the duty of the pound -
master to seize and impound all dogs found on the
grounds of any public park within the City limits, or
cite the owner or person in control of the animal for
violation of Section 7.08.310 of the Morro Bay Muni-
cipal Code. Any person violating this section shall
be subject to a fine of twenty -five dollars ($25.00)
for each occurance.
ITEM (2) Section 7.08.020 of the Morro Bay Municipal Code is
hereby amended as follows:
Section 7.08.020 LEASH LAW
It- 4s- uRlaw €wl - €er- aRy- pePSeH- te- suffer-er
pePHi €- any- deg- ewnedz- harbered,-er-eeRtrelled -By
him- €e- be -en- aRy- publie- streets- alleys- lane, -park
er- p4aee- a € - whatever- nature- epen -te -and - used -by
• •
the- publ4e -4n- the- 4neerperated- area -e €- the -e4ty
unless -sueh- deg- 4s- seeurely- leashed- and -the
leash -4s- held- eent4nueusly -4n -the- hand -e € -a
responsible- persen- eapable- e €- eentrell *ng -sueh
elegy -er- unless- the - deg- 4s- seeurely -een €4ned -4n
a- veh4elez -er- unless- the - deg- 4s -at -- 'hee1.2- beside
a- eompetent- persen - and- ebed4ent -te- that - persen =s
eemmand:
Begs- used -en- €arras- and- ranehes - €er- the -pr4-
mary- purpese -e €- herding- 44vesteek- are - net - required
te- be- leashed- er -at- 4eel' - -'- beside- the4r- ewner -er
persen- eentre444ng -the- use -e €- these - legs - wh4le -en
a-publ4e- street, - alleys- lanes- er- plaee- e € -what-
ever- nature - open - to -a84- used -by- the- pub446 -4n -the
4neerperated- area -e €- the -e4ty- wh44e - herd4ng -sueh
34vesteek- and- as- leng -as- these -legs- are- ebed4ent
te- the- eemmands -e €- the - persen- eentre444ng -their
use- €er -th4s- purpese: -- Begs - used - €er- the- pr4raary
purpese -e €- hunt4ng- are - net- regH4red- to -be- leashed
er -at- 2heel" - wh4le- used- 48- hunt4ng- as- leng -as
these -legs- are- ebed4ent -te- the- seaafands -e€ -the
persen- eentre444ng- the4r- use- €er -th 4s- purpese:
Section 7.08.020 LEASH LAW
It is unlawful for any person to suffer or
permit any dog owned, harbored, or controlled by
him to be on any public street, alley, lane, or
place of whatever nature open to and used by the
public in the incorporated area of the city unless
such dog is securely leashed and the leash is held
continuously in the hand of a responsible person
capable of controlling such dog, or unless the dog
is securely confined in a vehicle, or unless the
dog is at "heel" beside a competent person and
obedient to that person's command. Dogs or other
animals shall be prohibited from the grounds of
public parks in the manner described under Section
7.08.310.
Dogs used on farms and ranches for the pri-
mary purpose of herding livestock are not required
to be leashed or at "heel" beside their owner or
person controlling the use of these dogs while on
a public street, alley, lane, or place of whatever
nature open to and used by the public in the incor-
porated area of the city while herding such live-
stock and as long as these dogs are obedient to
the commands of the person controlling their use
r
for this purpose. Dogs used for the primary pur-
pose of hunting are not required to be leashed or
at "heel" while used in hunting as long as these
dogs are obedient to the commands of the person
controlling their use for this purpose.
ITEM (3) This ordinance shall take effect thirty (30) days after
its passage.
Introduced for first reading on October llth , 1982 and
passed and adopted October 25th , 1982, on the following roll
call vote, to wit:
AYES: Anderson, Lemons, Risley, Zeuschner, Shelton
NOES: None
ABSENT: None
ATTEST:
a�u� -ems
PAU B0 AXTER, ( C y Clerk
E R. SHEL IN, Mayor
•
ORDINANCE N0. 234
AN ORDINANCE AMENDING TITLE VII 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 does ordain that Title VII of
the Morro Bay Municipal Code is superseded by the following:
Title 7
ANIMALS
CHAPTERS:
7.04 General Provisions
7.08 Dogs
7.12 Cats
7.16 Animals, Poultry and Household Pets
7.20 Bird Sanctuary
SECTIONS:
7.04.010
7.04.020
7.04.030
7.04.035
7.04.040
7.04.050
7.04.060
7.04.070
7.04.080
7.04.090
7.04.100
7.04.110
7.04.120
7.04.130
7.04.140
7.04.150
7.04.160
7.04.170
7.04.180
Chapter 7.04
GENERAL PROVISIONS
Establishment of a public pound
Animal Control Officer - Duties
Animal Control Officer - Citation authority - authority to carry
weapons
Authority of poundmaster as peace officer
Badges
Record of poundmaster
Poundmaster - reports
Unnecessary noise
Abatement of noise or nuisance
Owner's responsibility to dispose of dead dogs, cats and household
pets
Disposition of dead dogs, cats, and household pets upon request
Definitions
Dog Kennels, pet shops, regulations
Requirements of business license
Kennel and pet shop permits - refusal, suspension or revocation thereof
Interference with performance
Violation of order
Limitations
Violation
Ordinance No. 4
Page Two
7.04.010 Establishment of a public pound. A public pound is authorized and
established, and the same, and any branches thereof, shall be located and established
at such place as shall be fixed from time to time by the City Council. The public
pound, or any authorized branches thereof shall provide suitable buildings and
enclosures to adequately keep and safely hold all dogs, cats or household pets
subject to be impounded by the provisions of this title.
7.04.020 Animal Control Officer - Duties. There shall be in this City a
Chief Animal Control Officer responsible for the administration of the animal
regulation control department. It shall be the duty of the Chief Animal Control
Officer and his duly authorized deputies and employees to carry out the provisions
of this title, and all appliacable statutes of the state and to be in charge of the
public pound hereby authorized and established.
7.04.030 Animal Control Officer - Citation authority - authority to carry
weapons. (a) The Chief Animal Control Officer and his duly authorized deputies
shall have the power to issue citations pursuant to 7.04.035 of this code. (b)
Animal Control Officers, when acting in the course and scope of their employment,
shall be and are authorized to carry on their person or in official vehicles
firearms or weapons of the type approved by the Chief Animal Control Officer for
the limited purpose of use with respect to rabid or injured animals. Each officer
shall quality under California Penal Code Section 832 in the use of firearms.
7.04.035 Authority of poundmaster as peace officer. The poundmaster and
his duly authorized deputies shall have the power to issue citations for any
violations of this title. (Ord. 84 § (part), 1970: prior code § 11101.3).
7.04.040 Badges. The Chief Animal Control Officer and his duly authorized
and appointed deputies, while engaged in the execution of their duties, shall each
wear in plain view a badge, having, in the case of the Chief Animal Control Officer,
the words (Chief Animal Control Officer" and in the case of the deputy animal
control officers the words "Deputy Animal Control Officer" engraved thereon. Any
person who has not been appointed as provided hereinabove, or whose appointment
has been revoked, who shall represent himself to be or shall attempt to act as an
animal control officer shall be guilty of a misdemeanor.
7.04.050 Record of poundmaster. The poundmaster shall keep a record of the
number, description and disposition of all dogs, cats and household pets impounded,
showing in detail in the case of each, the date of receipt, the date and manner of
disposal, the name of the person reclaiming, redeeming or receiving such dogs, cats
or household pets, the reason for destruction and such additional records as the
City Council may from time to time feel necessary.
7.04.060 Poundmaster - reports. The poundmaster shall make a monthly report
to the City Council, or as often as may be required by the City, of the actions,
transactions and operations of the public pound.
7.04.070 Unnecessary noise. It is unlawful for any person to keep, maintain,
or permit on any lot or parcel of land, any dogs, cats or household pets, which by
any sound or cry shall disturb the peace and comfort of any neightborhood.
7.04.080 Abatement of noise or nuisance. Whenever it shall be affirmed in
writing by three or more persons living in separate dwelling units in the neighborhood
that any dog, cat, animal, poultry or household pet is a habitual nuisance by reason
of howling, barking, or other noise, or is in any other manner causing undue annoyance,
° Ordinance No.
Page Three
4 i
that shall constitute a public nuisance, the poundmaster, if he finds such public
nuisance to exist, shall serve noitce upon the owner or custodian that the public
nuisance shall be abated or the animal shall be impounded in a legal manner. If
the nuisance and annoyance cannot be successfully abated and the poundmaster
determines it necessary to impound such dog, cat, animal, poultry or household pet,
he shall not permit the reclaiming or redemption of the animal to the owner or
custodian unless adequate arrangments have been made by the owner or custodian
to insure abatement of the annoyance or public nuisance.
7.04.090 Owner's responsibility to dispose of dead dogs, cats, and household
pets. It is unlawful for any owner or person who, having had the possession or
control of any dog, cat or household pet while alive, to place the body of such
dog, cat or household pet, after its death, or cause to permit it to be placed
or to knowingly allow or permit it to remain, in or upon any public road, highway,
street, alley, square, park, school ground or other public place, or in or upon
any lot premises, or property of another.
7.04.100 Disposition of dead dogs, cats, and household pets upon request.
It shall be the duty of the poundmaster upon the request of any owner of any
dead dog, cat or household pet which was kept or maintained in the city immediately
prior to its death, or upon the request of any person or persons discovering a
dead dog, cat or household pet upon his premises or upon any public road, highway,
street, alley, square, park, school ground or other public place, or in or upon
any lot or premises, to forwith bury or dispose of the animal in such manner as
may be prescribed by law. The poundmaster may charge and collect fees for the
transportation and disposal of the dog, cat or household pet from the owner or
person having had the possession or control of the animal if same can be ascertained
as provided for in the Master Fee Schedule.
7.04.110 Definitions. (a) Whenever "household pets" is referred to in this
chapter, it includes cats, dogs, canaries, parrots and other kindred animals and
birds usually and ordinarily kept as household pets.
(b) A "dog kennel" means any lot, building, structure, enclosure or premises
whereon or wherein dogs four months of age or older are kept or maintained for any
purpose whatsoever; provided, however, that if other animals or birds or fowls are
bought, sold, or bartered, the classification to apply shall be that of a pet shop;
and provided further, this definition of dog kennel shall not be construed as applying
to a duly licensed veterinary hospital or any public pound.
(c) A "boarding kennel" is any dog kennel in which dogs not owned by the kennel
or the owner or owners of such kennel, are kept and cared for, and a fee is charged
for such lodging are care.
(d) A "commercial kennel" is any dog kennel in which dogs are kept for commercial
reasons, for sale or for commercial breeding.
(e) A "noncommercial kennel" is any dog kennel in which four or more dogs are
kept for noncommercial reasons, including hunting and herding livestock. The sale of
animals from such a kennel shall be limited to one litter per year, and shall be
considered an accessory residential use and will not be construed as a commercial
use or activity. Each dog in such kennel shall be individually licensed as provided
for in Section 7.08.180.
(f) A "pet shop" means any :lot, building, structure, enclosure or premises whereon
is carried on a business of buying and selling or bartering birds, animals or fowl;
but this definition shall not be construed as applying to the buying or selling or
livestock, not the business or activities of a duly licensed veterinary hospital,
nor to the business or activities of any public pound.
Ordinance No.
Page Four
•
(g) Whenever "poundmaster" is used herein, it refers to and means the Chief
Animal Control Officer of the City.
7.04.120 Doc' kennels, pet shops; regulations. It is unlawful for any person,
firm, corporation, or association to erect, establish or maintain any boarding kennel
commercial kennel, noncommercial kennel, or pet shop, as defined in this title, without
first obtaining the appropriate permit from the Chief Animal Control Officer. The
** granting of such permit shall be in the discretion of the Chief Animal Control Officer
as well who shall take into consideration the type of construction to be employed as it relates
as such to sanitation and the manner in which the animals, birds or fowl are to be housed, **
zoning or adopted from time to time. The permit will be for a calendar year, with a permit
reps. as fee due and payable on January 1st of each year. The amount of said fee shall be
may now set out in the Master Fee Schedule.
be in effect
7.04.130 Requirement of business license. It is unlawful for any person, firm
or corporation or association to erect, establish or maintain any boarding kennel,
commercial kennel, or pet shop, as defined in this title, without first obtaining
a license from the city tax collector. After approval by the Chief Animal Control *
Officer, upon the payment of the required annual license fee for the privilege of.—the City
maintaining such dog kennels or pet shops, *shall issue to the applicant a license tax
in such form as he may prescribe. Such annual license shall .be for the City fiscal collector
year or any part thereof during which the dog kennel or pet shop shall be maintained
thereof and shall be due and payable in advance on July 1st of each year, and
shall expire on the following June 30th, provided the abovementioned permit has
not been revoked. Every person, firm or corporation maintaining a boarding kennel
commercial kennel, or pet shop shall post a notice in a conspicuous place where it
may be seen outside the locked premises, listing names, addresses and telephone
numbers of persons who may be contacted in the event of an emergency.
7.04.140 Kennel and pet shop permits - Refusal, suspension or revocation thereof.
(a) The permit for the maintenance and operation of a boarding kennel, commercial
kennel, noncommercial kennel or pet shop shall be refused by the Chief Animal Control
Officer upon a finding that any provisions of any health law of the State of California,
or any of the applicable provisions of this title have not been complied with.
(b) A permit may be imediately suspended by the Chief Animal Control Officer
for violation of any provision of this title when, in his opinion, the danger to public
health is so imminent, immediate and threatening as not to admit of delay. In the
event of such suspension, the holder shall be given an opportunity for an office
hearing before an impartial hearing officer within forty -eight hours of the time of
suspension. Upon conclusion of the office hearing, the hearing officer may decide to:
(1) Dismiss the charges and reinstate the permit;
or
(2) Reinstate the permit conditioned upon correction of the violation,
or
(3) Revoke the permit.
(c) If, in the opinion of the Chief Annimal Control Officer, the danger to
the public health in not so imminent, immediate and threatening as to admit of delay,
the Chief Animal Control Officer shall send a notice of violation to the permittee
and seek to achieve compliance informally by means of a correction schedule and L.
reasonable inspections. If, as a result of subsequent inspection, it is determined
that the permittee has failed to comply with the schedule and correct the noticed
deficiencies, the Chief Animal Control Officer shall send a notice to the permittee
advising the permittee of the remaining deficiencies and the convening of an office
hearing to determine whether or not the permit should be revoked. Upon conclusion
of the office hearing, the hearing officer may decide to:
Ordinance No.
Page Five
• •
(1) Dismiss the sharges, or
(2) Establish a correction schedule; or
(3) Revoke the permit.
(d) All office hearings referred to herein shall be conducted in accordance
with procedures adopted by the animal regulation department. The applicant or
permittee may call and examine witnesses, introduce exhibits, question county
officials and opposing witnesses on any matter relevant to the issues, and may
rebut evidence against him. The hearing shall not be conducted according to
technical rules relating to procedure, evidence or witnesses. All relevent
evidence shall be admitted. The Chief Animal Control Officer shall insure
that an informal record of the proceedings is maintained.
(e) Whenever the issuance of a permit is refused, or a permit is revoked and
the required office hearing has been held, the applicant or permittee may appeal from
the action of the Chief Animal Control Officer to the City Council within ten days
of the action by the Chief Animal Control Officer. The clerk shall set the matter
for hearing before the Council at the earliest possible date and shall give reasonable
notice of the time and place thereof to theapplicant or permittee and to the Chief
Animal Control Officer. The City Council shall hear the evidence offered by the
applicant or permittee and the Chief Animal Control Officer, and shall forthwith
decide the issue. Unless the City Council rescinds the Chief Animal Control Officer's
action by a majority vote, his decision shall be deemed affirmed.
The decision of the City Council shall be final.
7.04.150 Interference with performance of duties. It is unlawful for any
person to resist, hinder, or obstruct theChief Animal Control Officer of any of his
deputies or employees in the exercise of the Chief Animal Control Officer duties.
Any person who vilates this section is guilty of a misdemeanor.
7.04.160 Violation of order. Any person who, after notice, violates, or
who upon the demand of any animal control officer or deputy, refuses or neglects
to contorm to any rule, order, or regulation prescribed by the animal regulation
department, is guilty of an infraction.
7.04.170 Limitations. It is unlawful for any person, or persons, to own,
harbor or maintain at any single - family dwelling, more than three dogs, or
cats four months of age or older.
7.04.180 Violation. Except as otherwise provided, violation of the provisions
of this title is an infraction.
Chapter 7.08
DOGS
SECTIONS:
7.08.010 Stray dogs defined.
7.08.020 Leash Law
7.08.030 Duty of poundmaster to patrol and enforce regulation;
7.08.040 Duty of poundmaster to sieze and impound stray dogs.
7.08.050 Dogs running at large
Ordinance No.
Page Six
• •
7.08.060 Delivery to poundmaster by private persons
7.08.070 Notice of impounding dog
7.08.080 Redemption of impounded dogs
7.08.090 Redemption fee
7.08.100 Sale, gift or destruction of dogs
7.08.110 Injured and diseased dogs
7.08.120 Care of dog while impounded
7.08.130 Vicious and dangerous dogs
7.08.140 Biting dogs
7.08.150 Impounding of biting dogs
7.08.160 Violation of quarantine
7.08.170 Symptoms of rabies
7.08.180 Dog registration and licenses
7.08.190 Dogs - Vaccination requried
7.08.200 No Licensing without vaccination
7.08.210 Vaccination performance
7.08.220 Registration record
7.08.230 Dog tags
7.08.240 Annual registration of dogs
7.08.250 License fees
7.08.260 Los tag
7.08.270 License exceptions
7.08.280 License fee exemptions
7.08.290 Failure to pay license fee or provide information
7.08.300 Counterfeiting
7.08.010 Stray dogs defined. A "stray dog" is any dog licensed or unlicensed,
which is in or on any public road, highway, street, alley, square, park, school ground
or other public place, or in or upon any lot, premises or property of another when not
accompanied in the near vicinity by the person owning, having interest in, harboring,
or having charge, care, control, custody or possession of such dog. Any stray dog
shall be immediately seized and impounded by the poundmaster.
7.08.020 Leash law. It is unlawful for any person to suffer or permit any dog
owned, harbored, or controlled by him to be on any public street, alley, lane, park
or place of whatever nature open to and used by the public in the incorporated area
of the city unless such dog is securely leashed and the leash is held continuously
in the hand of a responsible person capable of controlling such dog, or unless the
dog is securely confined in a vehicle, or unless the dog is at "heel" beside a
competent person and obediant to that person's command.
Dogs used on farms and ranches for the primary purpose of herding livestock are
not required to be leashed or at "heel" beside their owner or person controlling the
use of these dogs while on a public street, alley, lane, or place of whatever nature
open to and used by the public in the incorporated area of the city while herding such
livestock and as long as these dogs are obedient to the commands of the person controlling
their use for this purpose. Dogs used for the primary purpose of hunting are not
required to be leashed or at "heel" while used in hunting as long as these dogs are
obedient to the commands of the person controlling their use for this purpose.
Ordinance No.
Page Seven
• •
7.08.030 Duty of poundmaster to patrol and enforce regulations. It shall be
the duty of the poundmaster to patrol the incorporated area of the city from time to
time and without notice to the public for the purpose of enforcing the provisions of
this title.
7.08.040 Duty of poundmaster to seize and impound stray dons. It shall be the
duty of the poundmaster to seize and impound, in a lawful manner, and subject to the
provisions of this chapter, all stray or unlicensed dons found within the incorporated
area of the City.
7.08.050 Dogs running at large. Any dog found trespassing on any private
property in the city may be taken up by the owner or possessor of the property and
delivered to the poundmaster or detained on the property until picked up by the
poundmaster.
7.08.060 Delivery to poundmaster by private persons. Every person taking up
any dog under the provisions of this chapter and every person finding any lost,
strayed or stolen dog shall, within twenty -four hours thereafter, give notice thereof
to the poundmaster and every such person in whose custody such dog may, in the meantime
be placed shall surrender such animal to the poundmaster without fee or charge and the
poundmaster shall thereupon hold and dispose of such dog in the same manner as though
such dog had been found running at large and impounded by him.
7.08.070 Notice of impounding dog. As soon as possible, but not later than
twenty -four hours after impounding any dog properly registered under the provisions
of this chapter, the poundmaster shall notify the registered owner or person having
control of the dog by telephone, mail or orally that such dog is impounded that it
can be redeemed within three days from the date of such impounding and unless redeemed
the dog will be disposed of in any manner as provided by this chapter.
7.08.080 Redemption of impounded dogs. The poundmaster shall securely keep
any dog impounded for a period of three days unless the dog be sooner reclaimed or
redeemed by the owner or person having control thereof. Except as may be provided
in Section 7.08.130, the owner or person entitled to the custody of the dog so
imounded may, at any time before the sale or other disposition thereof, during th
office hours of the pound, reclaim or redeem the dog by exhibiting to the poundmaster
the license certificate or license tag showing that the license for the don for the
current year has been paid and by paying the poundmaster any charges provided for.
No fees whatsoever shall be charged or collected for or on account of any dog
which has been unlawfully taken up or impounded. If the owner or person entitled
to the custody of the dog believes that the dog has been unlawfully taken up or
impounded, that owner or person may, within the seventy -two -hour redemption period,
request that an impartial hearing be conducted to determine the sole issue of
whether the dog was lawfully seized and impounded. If a dog has been unlawfully
taken up or impounded, it shall be returned to its owner or the person entitled to
the custody thereof.
7.08.090 Redemption fees. The owner or person entitled to the custody of
the dog impounded shall pay the following fees, effective July 1, 1981, to the
poundmaster before such dog is released.
Ordinance No. •
Page Eight
• •
(1) Registration or license fee for the then current year unless such fee
has been previously paid and evidence of paid fee adequately exhibited;
(2) Impound fee as shown in the Master Fee Schedule for the 1st occasion of
any dog impounded within a calendar year;
(3) Impound fee as shown in the Master Fee Schedule for the 2nd occasion of
any dog impounded within a calendar year;
(4) Impound fee as shown in the Master Fee Schedule for the 3rd and each
subsequent occasion of any dog impounded within a calendar year.
7.08.100 Sale, gift, or destruction of dogs. At any time after the expiration
of the period of three days, the poundmaster may, without further notice, and without
advertising in any manner, sell, give away, or dispose of in a humane way, any dog
not reclaimed or redeemed as aforesaid. Provided however, the poundmaster may not
sell, give away or transfer title to any dog or any other animal to any institution
engaged in the diagnosis or treatment of human or animal disease, or in research for
the advancement of veterinary, dental, medical or biologic sciences, or in the testing
or diagnosis, improvment or standardization of laboratory specimens, biologic products,
pharmaceuticals, or drugs.
7.08.110 Injured and diseased dogs. Every dog taken irto custody by the
poundmaster which by reason of injury, disease or other hood cause as determined by
a licensed veterinarian as dangerous or inhumane to keep impounded, shall be forwith
destroyed by the poundmaster in a humane manner unless the owner or person entitled
to the custody of the dog can be notified by the poundmaster within a reasonable
period of time to arrange and provide for medical care. The poundmaster shall
release such dog to its owner or person having control thereof upon payment of the
redeption fees and other charges as provided in this title. However, if the licensed
veterinarian determines that the dog is diseased and by reason of such disease is
dangerous to persons or to cther animals, or to the general health and welfare of the
city, the poundmaster shall destroy the dog.
7.08.120 Care of dog while impounded. The poundmaster shall provide all dogs
in his custody with proper food and water, and shall hive them,all necessary care
and attention. The poundmaster may charge a fee at the time an impounded don is
redeemed by its owner or person having custody or may charge these fees at such
time an unclaimed dog is sold. Specific fees for board are to be set in the Master
Fee Schedule.
7.08.130 Vicious and dangerous dogs. If any doa within the city is known to
have bitten any person or persons on at least two separate occasions, the Chief
Animal Control officer shall notify the owner or person having control of such dog
to so keep or surrender the dog in such manner as the Chief Animal Control Officer
shall direct. If it is determined by the Chief Animal Control Officer that the dog
cannot be properly controlled in order to ensure public safety, then the Chief Animal
Control Officer shall destroy the dog in a humane manner.
If any dog within the city is determined by the Chief Animal Control Officer
to be vicious and dangerous to the safety of any person or persons, the Chief Animal
Control Officer shall notify the owner'or person ahving control of such dog to so
keep or surrender the dog in such manner as the Chief Animal Control Officer shall
direct. If it is determined by the Chief Animal Control Officer that the dog cannot
be properly controlled in order to ensure public safety, the Chief Animal Control
Officer shall destroy the dog in a humane manner.
Ordinance No.
Page Nine !
It shall be the duty of the owner or person having control of a vicious and
dangerous dog, or a dog which has bitten human beings, to surrender the dog as may
be ordered by the Chief Animal Control Officer.
7.08.140 Biting dogs. It is unlawful for any person to suffer or permit any
dog owned, harbored, or controlled by him, to inflict upon any human being a bite
that penetrates the skin while the person bitten is on any public place, or legally
upon any private property. The person bitten may request the animal control officer
to initiate criminal proceedings against such other person by submitting a signed,
written complaint.
7.08.150 Impounding of Biting Dons. Upon written notice by the health officer,
or Chief Animal Control Officer, the owner or person having the control of any dog which
has, within the preceding ten days, bitten any person or animal shall, upon demand,
and in the discretion of the health officer, or Chief Animal Control Officer, follow
one of the fallowing procedures: He shall either:
(a) Confine the dog to his own premises; or
(b) Surrender the dog to the poundmaster who shall impound and keep the dog
at the public pound in a separate kennel for a period of not less than ten days; or
(c) Surrender the dog to a licensed veterinarian as designated by the health
officer of Chief Animal Control Officer; or
(d) Surrender the dog to the poundmaster for a quarantine at any other location
or facility designated and approved by the health officer or Chief Animal Control Officer.
If the dog is quarantined on the premises of the onwer, the poundmaster may post
a quarantine sign on such premises and it is unlawful for any person to remove the
sign during the term of such quarantine without the consent of the health officer, or
the Chief Animal Control Officer. Any quarantine provided in this section shall be
for a term of not less than ten days unless otherwise specified by the health officer.
During the period, it shall be the duty of the health office, upon beinn notified by
the poundmaster that the dog has been impounded to determine whether or not such dog
is suffering from any disease. If a duly licensed veterinarian designated by the health
officer shall determine that the dog is diseased and, by reason of such disease, is
dangerous to persons or to other animals, he shall so notify the poundmaster in writing,
to destroy the dog. A copy of the notice may also be served upon the owner or the
person having control of the dog. If the veterinarian shall determine that the dog is
not so diseased, the poundmaster shall notify the person owning of having control of the
dog at the address from which the dog was surrendered to the poundmaster and shall,
upon demand, release the dog to the owner or person lawfully entitled thereto, upon
payment of any charges rpovided therefor, including expenses of quarantine and veterinary
care; provided, however, that if no person lawfully entitled to such dog shall within
three days after the date of giving the last mentioned notice, appear at the public
pound and request the release of the dog, and pay the charges, the dog may be sold or
destroyed by the poundmaster in the same manner hereinbefore provided.
Whenever a dog is ordered to be quarantined on the premises of the owner, an
administrative fee to cover the expense of monitoring the quarantine will be charged.
The fee shall be set in the Master Fee Schedule.
Ordinance No.
Page Ten
•
7.08.160 Violation of quarantine. It is unlawful for any person to suffer or
permit any dog or cat owned, harbored or controlled by him to violate any written
quarantine notice.
7.08.170 Symptoms of rabies. Whenever the owner or person having the custody or
possession of an animal shall observe or learn that such animal shows symptoms of rabies,
or acts in a manner which would lead to a reasonable suspicion that it may have rabies,
the owner or person having the custody or possession of such animal shall immediately
notify the health officer. The health officer shall make or cause an inspection or
examination of such animal to be made by a licensed veterinarian until the existence
or nonexistence of rabies in such animal is established by the veterinarian. Such
animal shall be kept isolated in a pound, veterinary hospital, or other adequate
facility in a manner approved by the health officer and shall not be killed or
released for at least ten days after the onset of symptoms suggestive of rabies, after
which time the animal may be released by the health officer, provided the health officer
has first determined that the animal does not have rabies. If the health officer
determines that the animal does have rabies, the poundmaster shall destroy the animal
at the direction of the health officer.
The health officer, or his duly authorized representative, is authorized and
empowered to enter in a manner authorized by law, upon private property where any
dog or other animal is kept, or believed by him to be kapt, for the purpose of
ascertaining whether the dog or other animal is afflicted or infected by rabies or
other contagious disease.
7.08.180 Dog recistration and license. Except as provided in Section 7.08.270,
it is unlawful to own, keep or control any dog unless and except a license has been
procured therefor-as herein provided. This section shall have no application to
dogs under the age of four months fastened securely by a rope, chain or leash, or
confined within the private property of the owner or person having control of the dog.
7.08.190 Dogs - Vaccination required. It is unlawful for any person owning, :. :.
Harboring, or having the care, custody or possession of any dog to keep or maintain
such dog in any place in the city, or except as provided in Section 7.08.200 unless
such dog has been vaccinated as provided herein. This section shall have no applica-
tion to dogs under the age of four months, who are fastened securely by a rope, chain,
or leash, or confined within the private property of the owner or person having control
of the dog.
7.08.200 No licensing without vaccination. The department of animal regulation
shall not license any dog until it has been vaccinated with canine rabies vaccine by
injection or other method approved by the health officer during the time prescribed
by state law or the rules and regulations of the State Department of Public Health,
unless the owner or person in possession of the same submits a certificate from a
licensed veterinarian issued within the preceding sixty days, stating that, in his
opinion, the rabies vaccination would be likely to seriously injure the dog. Any
dog so excepted from rabies vaccination shall be restricted to the enclosed yard of
the owner or person in possession of the same except when held upon a rope, chain, or
leash. Any violation thereof by the owner or person in possession of the dog is unlawful.
7.08.210 Vaccination performance. The vaccination shall be performed by a duly
qualified and licensed veterinarian, The veterinarian vaccinating the dog shall issue
to the owner or person in possession of the dog a rabies vaccination tag and a certifi-
cate of vaccination, which certificate shall include:
Ordinance No.
Page Eleven
• •
(1) The type of vaccine used;
(2) The date of vaccination;
(3) Description of dog, including age, breed and color;
(4) Serial number of rabies vaccination tag issued to dog;
(5) Name and address of owner of dog;
(6) State that the dog is male, neutered male, female, or spayed female.
A copy of this certificate shall be sent to the department of animal regulation.
7.08.220 Registration record. The department of animal regulation shall maintain
a record in which it shall upon the application of any person owning or having the
custody of any dog in the city, and the payment to it of the license fee hereby
prescribed, register the dog by entering in the record its name (if any), its sex
and general description, whether it has been spayed or neutered, the name of its
owner or custodian, the number of the tag issued therefor, the date of expiration
of the rabies vaccine, the date of issuance and the amount received for the license fee.
7.08.230 Dog tags. Upon exhibition of the proper evidence of vaccination and
payment of the license fee there shall be delivered to the person making such payment,
a metal tag with the number and year stamped or cut thereon, and the words "DOG TAG
- County of San Luis Obispo," stamped thereon, which dog tag shall be securely
fastened to a collar or harness, which shall be worn at all times by the dog for
which the tag was issued. If the dog is exempted from vaccination, the dog tag shall
have a distinguising mark as evidence of such;fact. This tag, while attached to a
dog's collar or harness, shall be prima facie evidence that the dog forwhich the
tag was issued has been licensed during that calendar year for which the tag was
issued, and has been vaccinated.
7.08.240 Annual registration of dogs. On January 1st of each year, all prior
licensing made under the provisions of this cahpter shall be cancelled and all tags
theretofore issued shall become null and void and of no effect and all dogs kept or
permitted to remain in the city must be again licensed. The new license fee shall
become due and payable on January 1st of each year.
7.08.250 License fees. All license fees shall be set in the Master Fee Schedule,
provided however, that the fees previously set forth in this chapter shall be applicable
until that date:
(1) For licensing each altered dog, male or female, the department of animal
regulation shall collect and receive a fee, and for licensing each unaltered dog,
male or female, it shall collect and receive a fee, unless the owner or custodian of
the dog chooses to place a deposit for the spaying or neutering of said dog with the
department of animal regulation. This deposit shall be forfeited to the department
of animal regulation if said operation is not performed by the expiration date of
the license issued.
(2) The license fee shall be paid by March 8th of each year. After this date
a late penalty shall :take effect and the late license fee shall be twice the pre - penalty
fee;
(3) Puppies must be licensed upon reaching the age of four months. A spay- neuter
deposit may be placed with the department of animal regulation, at which time the
lesser fee shall be charged;
(4) Any dog brought within the City after March 15th of each year shall be
registered within thirty days or these penalties shall attach from date of entry into
the city; provided that any dog which has a valid license from any other county or
city within the State of California shall be so registered upon a fee of one -half
the established fee;
(5) Proration of License Fee - Any person acquiring ownership, care or custody
of a dog, or having a dog reaching the age of four months between July 1st and December
Ordinance No.
Page Twelve
•
31st, shall pay a license fee of one -half the established fee.
7.08.260 Lost tag. If the tag issued for any duly registered dog be lost or
accidentally destroyed during the year it is issued, the owner or custodian of such
dog, upon make proof to the satisfaction of the departmnt of animal regulation of its
loss or destruction, shall, upon payment of a fee of two dollars, receive for such
dog another tag, whereupon the department of animal regulation shall enter the number
of the tag so issued on the register and cancel the tag previously issued for such dog.
7.08.270 License exceptions. The provisions of this chapter requiring the
licensing of dogs shall not apply to:
(a) Dogs under the age of four months is fastened securely by a rope, chain or
leash, or confined within the private property of the owner or person .having_control of
the dog;
(b) Dons owned by or in custody or under the control of persons who are non-
residents of the city traveling through the city or temporarily sojourning therein
for a period not exceeding thirty days;
(c) Dogs brought into the city exclusively for the purpose of entering the dogs
in any dog show or exhibition, and which are actually entered in and kept at such show
or exhibition;
(d) Dogs on sale in duly licensed pet shops, or dog kennels;
(e) Dogs under the ownership, custody and control of the owner of a dog kennel
duly licensed under the provisions of Section 7.04.120, or his duly authorized employee
or agent when such dogs are removed from such kennel in the bona fide operation thereof
for the purpose of exercise or training, provided that any such dog bear an identification
tag attached to its collar, which tag shall set forth the name of the licensed kennel.
A doa bearing such identification tag shall be treated in all respects as any other dog
in the event of its escape and subsequent impoundment.
7.08.280 License fee exemptions. (a) All Seeing Eye dogs and all dons which
have served with the armed forces of the United States of America during any period
of actual hostilities must be licensed and vaccinated under the provisions of this
chapter but their owners shall be exempt from the license fee as therein imposed,
providing adequate evidence can be furnished at such time the license is issued;
(b) Dogs used by any governmental agency for the purpose of law enforcement
must be licensed and vaccinated under the provisions of this chapter but their owners
shall be exempt from the license fee as threin imposed, providing adequate evidence
can be furnished at such time the license is issued;
(c) All dogs being raised and trained specifically to perform as seeing eye
dogs must be licensed and vaccinated under the provisions of this chapter, but their
owners shall be exempt from the license fee as therein imposed, providing adequate
evidence can be furnished at such time the license is issued.
7.08.290 Failure to pay license fee or provide information. It is unlawful for
any person owning or having the care, custody or control of any doa in the city, to
refuse, fail or neglect to pay the license fee at the time and in the manner herein
provided, or to refuse, fail or neglect to furnish to the department of animal regula-
tion, the health officer, or any of their duly qualified and authorized deputies or
employees, the information necessary to properly license the dog.
7.08.300 Counterfeiting. No person shall imitate or counterfeit such registration
tags or rabies vaccination tags. It is unlawful for any person to remove any tag from
any dog not owned by him or not lawfully in his possession or under his control or to
place on any dog any such license tag not issued as provided for above for that particular
dog for the then current year or to make or to have in his possession or to place on a dog
any counterfeit or imitation of any license tag or vaccination tag provided for.
Ordinance No.
Page Thirteen
Chapter 7.12
CATS
SECTIONS:
•
7.12.010 Impounding and disposition of stray or abandoned cats.
7.12.010 Impounding and disposition of stray or abandoned cats. It shall
be the duty of the poundmaster to receive and impound all cats believed to have
been abandoned by their owners. The poundmaster shall provide proper care and
attention, food and water, for all cats impounded and shall keep such cats for
a period of three days unless the cats are sooner reclaimed or redeemed by the
owner or person having control thereof. Such redemption may be made by paying
the poundmaster any charges at a fee set in the Master Fee Schedule for the
care of the cats as imposed thereon.
No fees whatsoever shall be charged or collected for or on account of any
cat which has been unlawfully taken up or impounded. The owner of a cat who
believes the cat has been unlawfully seized may request a hearing in accordance
with the procedure set forth in Section 7.08.080.
At any time after the expiration of the period of three days, the poundmaster
may, without notice and without advertising in any manner, sell, give away, or
dispose of the cats; provided, however, the poundmaster may not sell, give away,
or transfer title to any cats for any purposes as set forth in Section 7.08.100
provided further, however, the poundmaster may not sell or give away any female
cate that has not been spayed, or any male cat that has not been neutered, unless
the cost of spaying or neutering such cat, as determined and promulgated by the
department of animal regulation, has been deposited with the pound.
Any cat found trespassing on any private property in the city may be taken
up by the owner or possessor of the property and delivered to the poundmaster or
detained on the property until picked up by the poundmaster.
Every person taking up any cat under the provisions of this chapter and
every person finding any lost, strayed or stolen cat shall, within twenty -four
hours thereafter, give notice - thereof to the poundmaster and every such person in
whose custody such cat may, in the meantime, be placed shall surrender such animal
to the poundmaster without fee or charge and the poundmaster shall thereupon hold and
dispose of such cate in the above described manner.
Chapter 7.16
ANIMALS, POULTRY AND HOUSEHOLD PETS
SECTIONS:
7.16.010 Animals and poultry at large.
7.16.020 Unsanitary conditions
7.16.030 Poultry and rabbit keeping
7.16.040 Swine, hog and pig keeping
7.16.050 Keeping of other animals
Ordinance No.
Page Fourteen
• •
7.16.010 Animals and poultry at large No person shall allow or permit animals
or poultry, other than household pets, to run at large upon any public street or place,
or to trespass upon the property of another. This provision shall not be construed as
permitting the running at large of any household pets who are restricted by the
provisions of this title, or by any law applicable thereto.
7.16.020 Unsanitary conditions. No person shall keep upon any premises, any
animals, poultry or household pets in a foul, offensive, obnoxious, filthy or
unsanitary condition.
7.16.030 Poultry and rabbit keeping. A. No person shall keep upon any
premises in the city any poultry or rabbits:
(1) Within fifty feet of any dwelling; or
(2) If more than twelve in all of any such rabbits or poultry are kept, within
seventy -five feet of any dwelling.
B. No person shall keep upon any premises in the city more than twelve such
rabbits or poultry, except by first having a special permit of the Council, or keep
any rooster of crowing age within one hundred feet of any dwelling. This provision
limiting the maximum number of rabbits or poultry shall not be retroactive or effective
as to rabbit or poultry ranches or processing plants actually in operation on the
effective date of the ordinance codified herein.
C. The owner or person in charge of such rabbits or poultry kept in the City shall
provide suitable houses or cotes with board or cement floors in each and every house
and cote and said houses, cotes, or pens shall at all times be kept clean. (Ord. 84,
§ 1 (part), 1970: prior code § 11101.15(a)).
7.16.040 Swine, hog and pig keeping. No person shall keep upon any premises
in the city any swine, hog, or pig, whatsoever. (Ord. 84 g 1 (part), 1970: prior
code § 11101.15(b)).
7.16.050 Keeping of other animals. A. No person shall keep upon any premises
in the city any other animals as defined in this title:
(1) On any lot containing less than twenty thousand square feet; or
(2) In any corral, barn, or other enclosure within seventy -five feet of any
dwelling;
(3) Exceptions may be granted only for the purpose of raising a market lamb
which is to be exhibited at a livestock show. Applications for such exceptions shall
be submitted to the City Administrator, in writing, no later than thirty days prior
to the date upon which the exception is to become effective. The period for which
any exception may be granted shall not exceed sixty consecutive calendar days and
shall be granted only on the condition that such rules and regulations as shall be
established by resolution of the city council are fully complied with.
B. No person shall tie, stake, or pasture, or permit the tying, staking or
pasturing of any animal upon any private property in the City without the consent of
the owner or occupant of such property or in such a way as to permit any such animal
to trespass upon any street or public place or upon any such private property. No
person shall permit any such animal to be or remain during the nighttime secured by
a stake or secured in any manner other than by enclosing such animal in a pen, corral,
or barn sufficient and adequate to restrain such animal. All such animals shall be
provided with adequate food, water, and shelter or protection from the weather.
C. All fences or enclosures used for the purposes in this section must be of
such material and maintained in such manner as humane for the safety and protection
of such animals. (Ord. 101 §1, 1972, Ord. 84 §1 (part), 1970: prior code 511101.15(c)).
Ordinance No. 1.
Page Fifteen
Chapter 7.20
BIRD SANCTUARY
SECTIONS:
7.20.010 City designated as santuary
7.20.020 Molesting birds and bird eggs prohibited
•
7.20.010 City designated as sanctuary. The City is designated a bird
sanctuary and signs bearing the legend "Morro Bay is a bird sanctuary" shall
be placed at appropriate locations at or near the City limits at principal
entrances to the City.
7.20.020 Molesting birds and bird egcis prohibited. No person shall shoot
any species of wild birds within the city and no person shall molest or damage the
nests or eggs of any wild birds within the City. However, if the City Council, the
City Administrator, or the City poundmaster determines that starlings or other birds
have become so numerous in any particular location or area as to become a public
nuisance, or for any other reason have become a public nuisance or a menace to
health or property, said fact may be declared and the birds involved may be destroyed
or otherwise controlled.
PASSED AND ADOPTED by the City Council of the City of Morro Bay, at a regular
meeting held thereof on this 12th day of Juiy,-1982 by the following roll call vote:
AYES: Anderson, Lemons, Risley, Zeuschner, Shelton
NOES: None
ABSENT: None
ATTEST:
PAUL BAXTER, CITY ADf1INISTRATOR
•
ORDINANCE NO. 233
AN ORDINANCE AMENDING ORDINANCE 65 SUBSECTION 2 AND
ZONING DISTRICT AS DESIGNATED ON THE ZONING MAP FROM
C -2, S -9 TO C -1 FROM PROPERTY DESCRIBED AS PARCEL A
PORTION OF BLOCK 62, BAKERSFIELD COLONY TRACT
(CZ 02 -82)
T H E C I T Y C O U N C I L
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as follows:
SECTION 1: That Ordinance No. 65, Subsection 2, and Section
17.48.010 of the Morro Bay Municipal Code be amended to designate
property described as Parcel "A ", a portion of Block 62, Bakersfield
Colony Tract as C -1.
SECTION 2: That the Council does hereby approve of the Environmental
Coordinator's determination to file a Negative Declaration pursuant to
the California Environmental Quality Act, in connection with this
Zoning Ordinance Map amendment, CZ 02 -82.
PASSED AND ADOPTED by the City Council of the City of Morro Bay
at a regular meeting held thereof on October 11, 1982, by the following
roll call vote:
AYES:
Anderson, Lemons, Risley, Zeuschner, Shelton
NOES: None
ABSENT: None
ATTEST:
1
-` C PAU BAXTER, C Y C ERK
APPROVED AS TO FORM:
/ 1
MICH L T. LESAGE
CITY ATTORNEY
E R. SHELTW', MAYOR
ORDINANCE NO. 232
AN ORDINANCE AMENDING SECTION 3 OF ORDINANCE 100
AND SECTION 17.32.060 OF THE MORRO BAY MUNICIPAL CODE
CASE NO. ZOA 06 -82
THE CITY COUNCIL
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as follows:
SECTION 1. That Section 3 of Ordinance 100 and Section 17.32.060 of the
Morro Bay Municipal Code be amended to read as described in Exhibit A, attached
hereto.
SECTION 2. That the Council does hereby approve of the Environmental
Coordinator's determination to file a Negative Declaration pursuant to the
California Environmental Quality Act, in connection with this Zoning Ordinance
Text amendment, Case No. ZOA 06 -82.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a
meeting of said City Council held this eleventh day of October , 1982,
by the following roll call vote:
AYES: Anderson, Lemons, Risley, Zeuschner, Shelton
NOES: None
ABSENT: None
ATTEST:
PAUL BAXTER, City Clerk
APPROVED AS TO FORM
_
MICH' L T. L 'GE
City Attorney
NE R. SHELTON, Mayor
• • ti
City Council
Ordinance No.
•
EXHIBIT "A"
Amend Municipal Code (Zoning Ordinance). Section 17.32.060,
to include under "Professional Offices, Clinics ", the
following:
"General Business Offices, not involving retail sales of
items on the premises."
Page Two
•
ORDINANCE NO. 231
AN ORDINANCE AMENDING CHAPTER 5.16 OF THE
CITY OF MORRO BAY MUNICIPAL CODE REGARDING
PRIVATE PATROL SERVICE
THE CITY COUNCIL
City of Morro Bay, California
The City Council of the City of Morro Bay does hereby ordain as follows:
SECTION 1: That Chapter 5.16 /Private Patrol Service is hereby amended
to read as follows: (See Exhibit "A" attached hereto).
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting held thereof on August 23, 1982, by the following roll call vote:
AYES:
NOES:
Anderson, Lemons, Risley, Zeuschner, Shelton
None
ABSENT: None
ATTEST:
PAUL BAXTER, CCLERK-
APPROVED AS TO FORM:
MICHAEL LESAGE, CITY ATTORNEY
Chapter 5.16
PRIVATE PATROL SERVICE
Sections:
•
EXHIBIT "A"
5.16.010 Defined
5.16.020 Registration /License Required
5.16.030 Identification Card Required
5.16.040 Identification Card - Return or Correction
5.16.050 Uniform
5.16.060 Equipment or motor vehicles
5.16.070 Revocation of identification card or license
5.16.010 Defined. For the purposes of this chapter "private
patrol service" includes any person, firm association, or cor-
poration who agrees to furnish or furnishes, a watchman, guard,
patrolman, or other person, in uniform, or otherwise, to protect
persons or property or to prevent the theft, unlawful entry or
taking, loss, embezzlement, misappropriation, or concealment of
goods, wares, merchandise, money, bonds, stocks, notes, documents,
papers, or property of any kind; or performs the service of such
watchman, guard, patrolman, or other person, for any of said pur-
poses, for a consideration or otherwise. (ord. 82 1 (part), 1970:
code Section 6501A).
5.16.020 Registration /License Required. It is unlawful for
any person to engage in the business of conducting, maintaining,
or soliciting business for any private patrol service in the in-
corporated area of the City without first registering with the
Chief of Police, filing a copy of the State required identification
card, and obtaining a City business license as provided by law.
Private patrol operators, their employees and agents must register
their name and file a copy of their State identification card with
the Chief of Police prior to receiving a City business license.
5.16.030 Identification Card Required. Every person engaged
by a patrol service shall at all times wear an identification card
issued by the Chief of Police on the front of the outer garment
or uniform in such a way as to be conspicuous and plainly visible.
The card shall name the patrol service by which he is employed, and
contain a photograph, personal description, and right index finger-
print of the bearer; provided, however, any identification card
issued by a municipality within the county or the county sheriff's
department, which card contains the same information, may be worn
in lieu thereof if such private patrol service has in fact a sim-
ilar license from that entity. The Morro Bay card must be in pos-
session while working within the City.
5.16.040 Identification Card -- Return or Correction. The
holder of the identification card shall immediately return the
same to the issuing authority whenever his employment as a pri-
vate patrolman is terminated. If a private patrolman changes his
employment from one patrol service to another, he shall report
that fact to the Chief of Police and the name of his new employer
shall be endorsed on his identification card. (Ord. 82 Section 1
(part), 1970: prior code Section 6501D(3)).
5.16.050 Uniform. The Chief of Police shall prescribe or
approve the style or type of uniform, if any, to be used by said
private patrol service, for the purpose of maintaining readily
apparent distinction from the uniforms worn by the regularly em-
ployed peace officers in the city. (Ord. 82 1 (part), 1970: prior
code Section 6501S (4)).
5.16.060 Equipment or motor vehicles. No equipment or motor
vehicle shall be used in any business or activity permitted here-
under except with the prior approval of the Chief of Police who
shall inspect such equipment or motor vehicle to insure the main-
tenance of a readily apparent distinction from the equipment in
motor vehicles used by authorized law enforcement agencies.
The Chief of Police shall prescribe or approve the types of char-
acter of identification markings or insignia placed on any motor
vehicle used in the operation of any private patrol service. All
vehicles shall be distinctly marked on the front doors only with
the designation "private patrol ", and all such letters shall be
at least four inches in height. (Ord. 82 1 (part), 1970: prior
code Section 6501D (5)).
5.16.070 Revocation of Identification card or license. Any
such identification card, including a business license issued
pursuant thereto may at any time be revoked for failure to comply
with the provisions of this chapter. (Ord. 82 1 (part), 1970:
prior code section 6501 (6)).
o
ORDINANCE NO. 230
AN ORDINANCE AMENDING ORDINANCE 178 (part) AND
SECTION 17.44.020 B.I. (c) OF THE MORRO
BAY MUNICIPAL CODE
CASE NO. ZOA 03 -82
THE CITY COUNCIL
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as follows:
SECTION 1. That Ordinance 178 (part) and Section 17.44.020 8.1. (c)
of the Morro Bay Municipal Code be amended to read as described in Exhibit A,
attached hereto.
SECTION 2. That the Council does hereby approve of the Environmental
Coordinator's determination to file a Negative Declaration pursuant to the
California Environmental Quality Act, in connection with this Zoning Ordinance
Text amendment, Case No. ZOA 03 -82.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a
meeting of said City Council held th'e 23: day of August, 1982 by the
following roll call vote:
AYES: Anderson, Lemons, Risley, Zeuschner, Shelton
NOES: None
ABSENT: None
ATTEST:
{3,1 &kV-
PAUL B City Clerk
APPROVED AS TO FORM:
Michael T. LeSage
City Attorney
EUGENE S ELTON, M.'or
0 •
Ordinance No. 230 Page Two
EXHIBIT "A"
Amend Municipal Code Section 17.44.020 B.1. (c), to read as follows:
C. Single - family Dwellings. Two covered spaces for each
dwelling, at least one of which shall be covered and
enclosed. Except that existing dwellings, where two
spaces have not been previously required by this title,
may be altered or expanded with only one covered and
enclosed space. Alterations or expansions of an
individual dwelling shall not cumulatively exceed
twenty -five percent of the original floor area, nor
more than twenty -five percent of the reasonable value
of the structure at the time of initial alterations,
without the provision of two parking spaces as required
above.
• •
ORDINANCE NO. 229
AN ORDINANCE AMENDING SECTION 2 (PART) OF ORDINANCE 49
AND SECTION 16.12.040 OF THE MORRO BAY MUNICIPAL CODE
THE CITY COUNCIL
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as
follows:
SECTION 1. That Section 2 (part) of Ordinance 49 and Section 16.12.040
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 thereof held on the 26th day of July , 1982, by the
following roll.call vote:
AYES:
NOES:
ABSENT:
Anderson, Lemons, Risley, Zeuschner, Shelton
None
None
ATTEST:
PA OL BAXTER, City Clerk
CITY COUNCIL
Ordinance No. Page Two
EXHIBIT "A"
16.12.040 Residential subdivisions. A. Minimum lot area and width
shall be as follows, unless a greater lot size or width is stipulated
in Title 17, zoning, except where the lot size is reduced through the
use of Section 16.12.060, or where a Variance is granted pursuant to
Subsection G, below. The following shall serve as the criterion for
determining gross lot density requirements:
B. Minimum area, where cross slope does not exceed 10 %.
1. Corner lots - 7,000 sq. ft.
2. Interior lots - 6,000 sq. ft.
C. Minimum frontage:
1. Corner lots - average width, 70'; minimum width at
property line, 60'.
2. Interior lots - average width, 60'; minimum width at
property line, 40'.
D. Average depth, 90'.
E. Maximum ratio lot depth to lot width, 2- 1/2:1.
F. Improvements: All design and improvements shall be as set
forth in this chapter and Chapter 16.16.
G. The Planning Commission (or on appeal the City Council) may
grant a Variance from the foregoing requirements, when all
the following conditions are found to apply:
1. That any Variance granted shall be subject to such
conditions as will assure that the adjustment thereby
authorized shall not constitute a grant of special privilege
inconsistent with the limitations upon other properties in the
same vicinity.and zone.
2. That because of special circumstances applicable to the subject
property, including size, shape, topography, location or
surroundings, the strict literal application of this section
is found to deprive subject property of privileges enjoyed by
other properties in the same-Ji:cinity and zone.
3. That under the circumstances of the particular case the Variance,
rather than the standards at issue in this section, actually
carried out the spirit and intent of this title.
'. AIDA N0. 13; -4'
ORDINANCE NO. 228 Dated // ' /6Z Action
AN ORDINANCE AMENDING SECTION 5103.2 OF ORDINANCE NO. 65
PURSUANT TO THE PROVISIONS OF CHAPTER 17.64 OF THE MORRO
BAY MUNICIPAL CODE, CP.SE NO. CZ 01 -82
THE CITY COUNCIL
City of Morro Bay, California
THE CITY COUNCIL OF THE CITY OF MORRO BAY DOES ORDAIN AS FOLLOWS:
SECTION 1
City of Morro
of Chapter 17.
of properties
from R -1, S -2,
: That Section 5103.2 of Ordinance No. 65 (Zoning Map of the
Bay) is hereby amended pursuant to the provisions and procedures
64 of the Morro Bay Municipal Code, to change the zoning designation
described in Exhibit A, attached hereto, by changing the zone district
M to R -4.
SECTION 2: That the Council does hereby approve of the Environmental
Coordinator's determination to file a Negative Declaration pursuant to the
California Environmental Quality Act, in connection with this Change of Zone,
Case No. CZ 01 -82.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting held thereof on July 12, 1982, by the following roll call vote:
AYES: Anderson, Lemons,:'Ris]:ev; Zeuschner, Shelton
NOES: None.
ABSENT: Nane
ATTEST:
PAU BAXTER, CIT CL RK
EUGEN♦✓ SHELTON
ORDINANCE NO. Page Two
EXHIBIT "A"
Case No. CZ 01 -82
R -1, S -2, M to R -4
LEGAL DESCRIPTION: Block 15, Ocean Heights Tract No. 1
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•
ORDINANCE NO. 227
AN ORDINANCE TO AMEND CERTAIN SECTIONS OF CHAPTER
10.48 OF THE MUNICIPAL CODE OF THE CITY OF MORRO
BAY REGARDING ABANDONED VEHICLES
THE CITY COUNCIL OF THE CITY OF MORRO BAY DOES HEREBY ORDAIN AS FOLLOWS:
SECTIONS:
10.48.010
10.48.020
10.48.030
10.48.040
10.48.050
10.48.060
10.48.070
10.48.080
10.48.090
10.48.100
10.48.110
10.48.120
10.48.130
10.48.140
10.48.150
10.48.160
10.48.170
10.48.180
10.48.210
CHAPTER 10.48
ABANDONED VEHICLES*
Adoption.
Purpose.
Short Title.
Definitions.
Exclusions.
Application of other statues.
Administration and enforcement.
Contract or franchise to remove.
Administration Costs.
Public Hearing by Chief of Police.
Notice of intent to abate vehicle and request
for hearing.
Contested abatement.
Property owner not responsible.
Removal and disposal.
Notice to Department of Motor Vehicles.
Failure to pay costs.
Unlawful actions designated.
Failure to remove
Violations and penalties.
* For statutory provisions, regarding abandoned vehicles and local regulation
thereof, see Vehicle Code Section 22660: for provisions regarding abandoned
vehicles generally, see Vehicle Code Section 22650.
10.48.101 Adoption. This chapter is adopted by the City Council under the
authority granted by Section 22660 of the Vehicle Code to remove abandoned, wrecked,
dismantled, or inoperative vehicles or parts thereof as public nuisances. (Ord. 71
Section 1 (part), 1968: prior code Section 11601.1).
10.48.020 Purpose. The accumulation and storage of abandoned, wrecked,
dismantled, or inoperative vehicles or parts thereof on private or public property, not
including highways, is found to create a condition tending to reduce the value of private
or public property, to promote blight and deterioration, to invite plundering, to create
fire hazards, to constitute an attractive nuisance creating a hazard to the health and
safety of minors, to create a harborage for rodents and insects and to be injurious to
the health, safety and general welfare. Therefore, the presence of an abandoned, wrecked
or dismantled or inoperative vehicle or part thereof, on private or public property,
Ordinance No.
Page Two
•
not including highways, except as expressly hereinafter permitted, is declared
to constitute a public nuisance which may be abated as such in accordance with
the provisions of the chapter. (Ordinance 71, Section 1 (part), 1968: prior
code Section 11601.2).
10.48.030 Short title. This chapter shall be known by the following short
title, "Vehicle Abatement Ordinance." (Ordinance 71, Section 1 (part), 1968: prior
code Section 11601.3).
10.48.040 Definitions. Whenever in this chapter the words or phrases defined
in this section are used, they shall have the respective meanings assigned to them
in this section:
A. "City" means the City of Morro Bay, a municipal corporation of the State
of California and its officers and employees.
B. "Highway" means a way or place of whatever nature, publicly maintained and
open to the use of the public for purposes of vehiclular travel. "Highway" includes
streets, roads, and alleys with the city.
C. "Person" includes any and all natural and artifical persons, including by
way of illustration and not limitation, individuals, firms, corporations, partnerships,
and their agents and employees.
D. "Police Chief" means the chief officer of the police department of the City.
E. "Private property" means any parcel, lot or easement, not including highways,
owned by any person other than a governmental entity.
F. "Public property" means any parcel, lot or easement, not including highways,
owned or held in trust by a governmental entity.
G. "Vehicle" means a device by which any person or property may be transported,
propelled, moved or drawn upon a highway, except a devise moved by human power or used
exclusively upon stationery rails or tracks. (Ord. 71 Section 1 (part), 1968: prior
code Section 11602).
H. "Owner of the land" means the owner of the land on which the vehicle or parts
thereof, is located, as shown on the last equalized assessment roll:
I. "Owner of the vehicle" means the last registered owner and legal owner of record.
J. "Licensed" whenever used in this chapter means any and all licensing require-
ments of the state and the city from time to time applicable to the stated person or
activity. (Ord. 71 Section 1 (part), 1968: prior code Section 11603.1).
10.48.050 Exclusions. This chapter shall not apply to:
A. A vehicle or part thereof which is completely enclosed within a building in
a lawful manner where it is not visible from the street or other private or public
property: or
B. A vehicle or part thereof which is stored or parked in a lawful manner on
private property in connection with the business of a dicensed dismantler, licensed
vehicle dealer, a licensed junk dealer, or when such storage or parking is necessary
to the operation of a lawfully conducted business or commercial enterprise.
Nothing in this section shall authorize the maintenance of public or private
nuisance as defined under provisions of law other than Chapter 10 (commencing with
Section 22650 of Division 11 of the Vehicle Code and this chapter of the Morro Bay
Municipal Code.
10.48.060 Application of other statutes. This chapter is not the exclusive
regulation of abandoned, wrecked, dismantled or inoperative vehicles within the city.
It shall supplement and be in addition to the other regulatory codes, statutes and
ordinances heretofore or hereafter enacted by the City, the State or any other legal
entity, or agency having jurisdiction. (Ord. 71 Section 1 (part), 1968: prior code
Section 11604.1).
Ordinance No.
Page Three
•
10.48.070 Administration and enforcement. Except as otherwise provided herein
the provisions of this chapter shall be administered and enforced by the Chief of
Police or his representative. In the enforcement of this chapter such officer and
his representative may enter upon private property to remove or cause the removal
of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter.
(Ord. 71 Section 1 (part), 1968: prior code Section 11604.2)
10.48.080 Contract or franchise to remove. The City Council may contract with
or grant a franchise to any person to remove or cause the removal of a vehicle or
part thereof declared to be a public nuisance pursuant to this chapter and such
person shall be authorized to enter upon private or public property to cause such
removal. (Ord. 71 Section 1 (part), 1968: prior code Section 11604.3).
10.48.090 Administration Costs. The City Council shall, from time to time,
determine and fix an amount to be assessed as administrative costs. Said administrative
costs shall be exclusive of the actual cost of removal of any vehicle or part thereof
under the provisions of this chapter. (Ord. 71 Section 1 (part), 1968: prior code
Section 11604.4).
10.48.100 Public hearing by police chief. If a public hearing is requested
by the vehicle owner or by the owner of the property on which the vehicle is located,
the hearing shall be held by the Chief of Police who shall hear all facts and testimony
he deems pertinent. The facts and testimony may include testimony on the condition of
the vehicle or parts thereof and the circumstances concerning its location on the
private property or public property. The Chief of Police shall not be limited by
the technical rules of evidence. The owner of the land may appear in person at the
hearing or present a sworn written statement in time for consideration at the hearing
and deny responsibility for the presence of the vehicle on the land with his reasons
for such denial.
The Chief of Police may impose such conditions and take such other action as he
deems appropriate under the circumstances to carry out the purpose of this chapter.
The Chief of Police may delay the time for removal of the vehicle or parts thereof,
if, in his /her opinion, the circumstances justify it. At the conclusion of the public
hearing, the Chief of Police may find that a vehicle or parts thereof has been abandoned
wrecked, dismantled, or is inoperative on private or public property and order the same
removed from the property as a public nuisance and disposed of as hereinafter provided
and determine the administrative costs and the costs of removal to the charged against the
owner of the land. The order requiring removal shall include a description of the
vehicle or parts thereof and the correct identification number and license number of
the vehicle, if available at the site.
If it is determined at the hearing that the vehicle was placed on the land without
the consent of the owner of the land and that he has not subsequently acquiesced in its
presence, the Chief of Police shall not assess the costs of administration for removal
of the vehicle against the property upon which the vehicle is located or otherwise
attempt to collect such costs from the owner of the land.
If the owner of the land submits a sworn written statement denying responsibility
for the presence of the vehicle on his /her land but does not appear, or if an interested
party makes a written presentation to the Chief of Police but does not appear, he /she
shall be notified in writing of the decision.
10.48.110 Notice of intent to abate abandoned vehicle and public hearing. Notice
of intent to abate shall be sent by certified mail with a five day return receipt
requested to the owner of the property on which the vehicle is located as shown on
the last equalized assessment roll of the county and to the last registered and legal
Ordinance No.
Page Four
•
owner of record of the vehicle subject to abatement unless the vehicle is in such
condition that identification is not reasonably available to determine ownership.
Upon request by to owner of the vehicle or owner of the land received by the Chief
of Police or his representative within ten days after the mailing of the notices
of intention to abate and remove a public hearing shall be held by the Chief of
Police on the question of abatement and removal of the vehicle or parts thereof as
an abandoned, wrecked, dismantled or inoperative vehicle, and the assessment of
the administrative costs and the cost of removal of the vehicle or parts thereof
against the property on which it is located.
If the owner of the land submits a sworn written statement denying responsibility
for the presence of the vehicle on his /her land within such ten -day period, the
statement shall be construed as a request for a hearing which does not require
his /her presence. Notice of the hearing shall be mailed, by registered mail,
at least ten days before the hearing to the owner of the land and to the owner
of the vehicle, unless the vehicle is in such condition that identification numbers
are not available to determine ownership. If such a request for hearing is not
received within ten days after mailing of the notice of intention to abate and
remove, or if any of the foregoing notices are returned, undelivered by the U.S.
Posal Office, the Chief of Police shall have the authority to abate and remove
the vehicle or parts thereof as a public nuisance without holding a public hearing.
10.48.120 Contested Abatement. When the owner of the property or the vehicle
contests the abatement of the vehicle, a hearing date shall beset by the Chief of
Police who shall notify the owner of the property and the owner of the vehicle of
the date, time, and place of the hearing by certified mail, return receipt requested,
at least ten days prior to the date of the hearing.
10.48.130 Property owner not responsible. If it is determined at the hearing
that the vehicle was placed on the land without the consent of the land owner and
that the land owner has not subsequently acquiesced in its presence, the Chief of
Police shall not assess costs of administration or removal of the vehicle against
the property upon which the vehicle is located or otherwise attempt to collect such
costs from such land owner. (Ord. 71, Section 1 (part), 1968: prior code Section
11606.2).
10.48.140 Removal and disposal When it has been determined that a vehicle
or part thereof is a public nuisance and subject to the provisions of this ordinance
it shall be removed. After a vehicle has been removed, it shall not be reconstructed
or made operable, unless it is a vehicle which qualifies for either horseless carriage
license plates or historical vehicle license plates, pursuant to Section 5004 of the
California Vehicle Code in which case the vehicle may be reconstructed or made operable.
10.48.150 Notice to Department of Motor Vehicles. Within five days after the
date of removal of the vehicle or part thereof, notice shall be given to the Department.
of Motor Vehicles of the State identifying the vehicle or part thereof removed and
disposed of. At the same time, there shall be transmitted to the Department of Motor
Vehicles any evidence of registration reasonably available including registration
certificates, certificates of title and license plates. (Ord. 71, Section 1 (part)
1968: prior code Section 11607.2).
Ordinance No.
Page Five
i 6
10.48.160 Failure to pay costs. If the administrative costs and cost of
removal and disposal which are charged against the owner of a parcel of land
pursuant to Section 10.48.140 are not paid within thirty days of the date of the
order, or the final disposition of an appeal therefrom, such costs shall be
assessed against the parcel of land pursuant to Section 38773.5 of the Government
Code of the state and shall be transmitted to the tax collector for collection.
Said assessment shall have the same priority and be collected in the same
manner and at the same time as other city taxes. (Ord. 71 Section 1 (part), 1968:
prior code Section 11607.3).
10.48.170 Unlawful actions designated. It is unlawful for any person to
abandon, park,.; store or leave, or permit the abandonment, parking, :storing or
leaving of any licensed or unlicensed vehicle or part thereof which is in an
abandoned, wrecked, dismantled or inoperative condition upon any private property
or public property, not including highways, within the City for a period in
excess of three days unless such vehicle or part thereof is completely enclosed within
a building in a lawful manner where it is not planinly visible from the street of
other public or private property, or unless such vehicle is stored or parked in a
lawful manner on private property in connection with the business of a licensed
dismantler, licensed vehicle dealer or a licensed junkyard. (Ord. 71 Section 1
(part), 1968: prior code Section 11608.1).
10.48.180 Failure to remove. It is unlawful for any person to fail or
refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or
part thereof or refuse to abate such nuisance when ordered to do so in accordance
with the abatement provisions of this chapter or state law where such state law
is applicable. (Ord. 71 Section 1 (part), 1968: prior code Section 11608.2).
10.48.210 Violations and penalties. Any person who is convicted of violation
of any provision of this Chapter shall be guilty of an infraction punishable by:
A. A fine not exceeding fifty dollars for a first violation;
B. A fine not exceeding one hundred dollars for a second violation of
the same ordinance within one year;
C. A fine not exceeding two hundred fifty dollars for each additional
violation of the same ordinance within one year.
PASSED AND ADOPTED BY the City Council of the City of Morro Bay at a regular
meeting held thereof on July 12, 1982, by the following roll call vote:
AYES: Anderson, Lemons, Risley, Zeuschner, Shelton
NOES: None
ABSENT: None
ATTEST:
PABAXIL C1T7 CLERK
ORDINANCE NO 226
AN ORDINANCE AMENDING CHAPTERS 8.24. 9.28,
10.52, 10.48 AND 10.16 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 does ordain
as follows:
SECTION 1: Chapter 8.24 of the Municipal Code of the
City of Morro Bay is hereby amended by adding Section 8.24.030
thereto to read as follows:
8 .J4.J30 Violations and Eenalties. Any person
who is convicted of violation of any provision of this
Chapter shall be guilty of an infraction punishable
by:
A. A fine not exceeding fifty dollars for a
first violation;
B. A fine not exceeding one hundred dollars
for a second violation of the same ordinance within one
year;
C. A fine not exceeding two hundred fifty
dollars for each additional violation of the same
ordinance within one year.
SECTI.ON 2: Chapter 9.28 is hereby amended by adding
Section 9.28.060 thereto to read as follows:
• •
9.28 J60 Vjo1ations_Dnd.Qenalties. Any person
who is convicted of violation of any provision of this
Chapter shall be guilty of an infraction punishable
by:
A. A fine not exceeding fifty dollars for a
first violation;
B. A fine not exceeding one hundred dollars
for a second violation of the same ordinance within one
year;
C. A fine not exceeding two hundred fifty
dollars for each additional violation of the same
ordinance within one year.
SECTION a: Chapter 10.16 of the Municipal Code
of the City of Morro Bay is hereby amended by adding
Section 10.16.040 thereto to read as follows:
1Q,1St.Q4Q Violations And penalties. Any
person who is convicted of violation of any provision
of this Chapter shall be guilty of an infraction
punishable by:
A. A fine not exceeding fifty dollars for a
first violation;
B. A fine not exceeding one hundred dollars
for a second violation of the same ordinance within one
•
year;
C. A fine not exceeding two hundred fifty
dollars for each additional violation of the same
ordinance within one year.
SECTION 4: Section 10.48.210 of the Municipal Code of
the City of Morro Bay is hereby amended to read as follows:
10-48_,210 olationt_Ansi Penalties. Any
person who is convicted of violation of any provision
of this Chapter shall be guilty of an infraction
punishable by:
A. A fine not exceeding fifty dollars for a
first violation;
B. A fine not exceeding one hundred dollars
for a second violation of the same ordinance within one
year;
C. A fine not exceeding two hundred fifty
dollars for each additional violation of the same
ordinance within one year.
SECTION 5: Chapter 10.52 of the Municipal Code of the
City of Morro Bay is hereby amended by adding Section 10.52.030
thereto to read as follows:
10,52.Q30 Violations And Penalties. A. Any
person who is convicted of violation of any provision
of Subsections A through S. inclusive. or Subsection V
of this Section 10.52.020 shall be guilty of an
infraction punishable by:
(1) A fine not exceeding fifty dollars
for a first violation;
(2) A fine not exceeding one hundred
dollars for a second violation of the same
ordinance within one year;
(3) A fine not exceeding two hundred
fifty dollars for each additional violation of
the same ordinance within one year.
B. Any person who is convicted of violation of
any provision of Subsections T or U of this Section
10.52.020 shall be deemed guilty of a misdemeanor and
upon conviction thereof shall be punishable by a fine
not exceeding five hundred dollars or by imprisonment
in the county jail for a period not exceeding six
months. or by both such fine and imprisonment.
PASSED AND ADOPTED by the City Council of the City of
Morro Bay. California at a regular meeting thereof held this
12th day of Ju1y , 1982. by the following roll call vote:
AYES:
Anderson; Lenons, Risley; Zeuschner;•Shelton
NOES: None .
ABSENT: None
ATT
PAJ BAXTER. City Clerk
i`E R; SHELTON,.MAYOR
Sections:
14.72.010
14.72.020
14.72.030
14.72.040
14.72.050
14.72.060
14.72.060
14.72.080
14.72.090
14.72.100
14.72.110
14.72.120
14.72.130
14.72.140
14.72.150
14.72.160
14.72.170
14.72.180
14.72.190
14.72.200
14.72.210
14.72.220
14.72.230
14.72.240
14.72.250
Chapter 14:72
"FLOOD- DAMAGE PREVENTION
1
"EXHIBIT A"
Findings of fact.
Statement of purpose
Definitions.
Methods of reducing flood losses.
Lands to which chapter applies.
Basis for establishing areas of special flood hazard.
Compliance.
Abrogation and greater restrictions.
Interpretation.
Warning and disclaimer of liability.
Establishment of development permit.
Flood Hazard Review Committee -- Established.
Flood Hazard Review - Committee -- Duties.
City Engineer -- Designation.
City Engineer -- Duties and responsibilities.
Variance procedure.
Appeal board.
Conditions for variances.
General standards.
Anchoring
Construction materials and methods
Utilities
Subdivision proposals
Specific standards
Residential construction
interpreted so as to give them the meaning they have in common
usage and to give this chapter its most reasonable applica-
tion. -
A. "Appeal" means a request for a review of the
City Engineer's" interpretation of any provision of this
chapter or a request for a variance.
B. "Area of shallow flooding" means a designated AO or
VO zone on the Flood Insurance Rate Map (FIR_•1).. The base flood
depths range from one to three feet; a clearly defined channel
does not exist; the path of flooding is unpredictable. and
,indeterminate; and, velocity flow may be evident.
C. "Area of special flood hazard" means the land in the
floodplain within a community subject to a one percent or
greater chance of flooding in any given year.
D. "Base'flood" means the flood having a one percent chance
of being equalled or exceeded in anV given year.
E. "Breakaway wails ".means any type of wall, whether solid
-or lattice, and whether constructed of concrete, masonry, wood,
metal, plastic or'any other suitable building material which
are not part of the structural support of the building and
which are so designed as to breakaway, under abnormally high
tides or wave action, without damage to the structural integ-
rity of the building on which they are 'used or any buildings
to which they might be carried by floodwaters.
F. "Coastal high hazard area" means the area subject to
high velocity waters, including but not limited to, hurricane
wave wash or tsunamis. The area is designated on a FIRM as
Zone V1 -30.
G. "Development" means any manmade change to im ?roved
or unimproved real estate, including but not limited to build-
ings or other structures, mining, dredging, filling, grading,
paving, excavation or drilling operations located within the
area of special flood hazard. The definition of development
is very important because this chapter must regulate all de-
velopment, not just structures.
H. "Existing mobile home park or mobile home subdivision"
means a parcel or contiguous parcels of'land divided into two
or more mobile home lots for rent or sale for which the con-
struction of facilities for servicing the lot on which the
mobile home is 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)
is completed before the effective date of.the ordinance codi-
fied in this chapter.,
I. "Expansion to an existing mobile home nark or mobile
home subdivision" means the preparation of additional sites
by the construction of facilities for servicing the lots on
which the' mobile homes are to be affixed, including the instal-
lation of utilities, either final site grading or pouring of
concrete or the construction of streets.
3'
• . •
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 as part of the main structure.
For a structure (other than a mobile home) without a basement
or poured footings, the start of construction includes the
first permanent framing or assembly of. the structure or any
part thereof on its piling or foundation. For mobile homes
not within a mobile home park or mobile home subdivision,
start of construction means the affixing of the mobile home
to its permanent site. For mobile homes within mobile home
parks or mobile home subdivisions, start of construction is
the date on which the construction of facilities for servic-
ing the site on which the mobile home is to be affixed (includ-
ing, at a minimum, the construction of streets, either final
site grading or the pouring of concrete pads, and installation
of utilities) is completed.
T. "Structure" means a walled and roofed building or
mobile home that is principally above ground.
U. "Substantial improvement" means any repair, recon-
struction, or improvement of a structure, the cost of which
equals or exceeds fifty 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. 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 assume
safe living conditions; or
2. Any alteration of a structure listed on the National
Register of Historic Places or a State Inventory of Historic
Places.
V. "Variance" means a grant of relief from the require-
ments of'this chapter which permits construction in a manner
that would otherwise be prohibited by this chapter.
14.72.040 Methods of reducing flood losses. In order •
to accomplish its purposes, this chapter includes methods and
provisions for:
A. Restricting or prohibiting uses which are dangerous
to health, safety, and property due to water or erosion hazards,
5
•
occur on rare occasions. Flood heights may be increased by manmade 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 Morro Bay, any officer or employee thereof, or the Federal
Insurance Administration, for any flood damages that result from reliance
on this chapter or any administrative decision lawfully made thereunder.
14.72.110 Establishment'of deVelopment permit. A preliminary
development permit shall be obtained prior to the granting of any City
entitlement for construction or development and a final development permit
shall be obtained before issuance of a grading or building permit within
any area of special flood hazard established in Section 14.72.060.
Application for a preliminary 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 elevations 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:
A. Elevation in relation to mean sea level of the lowest floor,
including basement of all structures;
B. Elevation in relation to -mean sea level to which any structure
has been floodproofed;
C. Certification by a registered professional engineer or architect
that the floodproofing methods for any nonresidential structure meet the
floodproofing criteria in Section 14.72.240;
D. Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development; and
E. Plans for any walls to be used to enclose space below the base
flood level.
14.72.120 Flood Hazard Review Committee -- Established. A Flood
Hazard Review Committee consisting of the City Engineer, Planning and
Community Development Director and Chief Building Inspector is hereby
established to review and consider all applications for preliminary
development pewits.
14.72.130 Flood Hazard Review Committee -- Duties. Duties of the
Flood Hazard Review Committee shall be to implement this Chapter by granting
or denying preliminary development permit applications in accordance with
its provisions,.
• 14.72:140 City Engineer - Designation. General authority for
administration of this Chapter shall rest with the City Engineer. The
City Engineer is appointed to provide general implementation assistence
for this Chapter and to coordinate the Flood Hazard Review Committee.
14.72.150 City Engineer -- Duties and Responsibilities. Duties
of the City Engineer shall include, but not limited to:
A. Preliminary Permit Revie!,, aid - Recommendation.
309 -7
level of the lowest habitable floor, including basement,
of all new or substantially improved structures.
.2. For all new substantially improved floodproofed structures:
a. Verify and record the actual elevation in relation to
mean sea level, and
b. Maintain the floodproofing certifications required in
Section 14.72.110.
3. In coastal high hazard areas, certification shall be obtained
from a registered professional engineer or architect that the
structure is securely anchored to adequately anchored pilings
or columns in order to withstand velocity waters.
4. Maintain for public inspection all records pertaining to the
provisions of this chapter;
E. Alteration of'Watercourses.
1. Notify adjacent communities and the State Water Resources Board'
prior to any alteration or relocation of a watercourse, and submit
evidence of such notification to the Federal Insurance. Administration.
2: Require that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood carrying capacity is
not diminished:
F. Interpretation of FIRM Boundaries.
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 Sections 14.72.160
through 14.72.180.
14.72.160 Variance procedure. If variances are granted, the procedure
set forth in Sections 14.72.170 and 14.72.180 must be followed. (Ord. 172
S14(part), 1979).
14:72.170 Appeal board. Variances must follow the procedure in Section
1910.6 of the October 26, 1976. Federal Register or its successor sections.
A. The City Council as established by Morro Bay shall hear and decide
appeals and requests for variances from the requirements of this Chapter.
B. 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
flood hazard review committee or City Engineer in the enforcement or adminis-
tration of this Chapter.
C. Those aggrieved by the decision of the City Council, or any taxpayer
may appeal such decision to the Municipal Court.
309- 9
M •
for the reconstruction, rehabilitation or restoration of structures listed
on 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.
B. Variances shall not be issued within any designated floodway if
any increases in flood levels during the base flood discharge would result.
C. Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard to afford relief.
D. Variances shall only be issued upon:
1. A showing of good and sufficient cause;
2. A determination that failure to grant the variance would
result in exceptional hardship to the applicant; and
3. 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 as identified
in subsection D of Section 14.72.170, or conflict with existing
local laws or ordinances.
E. 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 base flood elevation and that the cost of flood insurance, ,
will be commensurate with the increased risk resulting from the reduced lowest
floor elevation.
14.72.190 General standards. In all areas of special flood hazards,
the standards set forth in Sections 14.72.200 through 14.72.310 are required.
14.72.200 Anchoring. A. All new construction and substantial improve-
ments shall be anchored to prevent flotation, collapse, or lateral movement
of the structure.
B. All mobile homes shall be anchored to resist flotation, collapse,
or lateral movement by providing over - the -top and frame ties to ground anchors.
Specific requirements shall be that:
1. Over- the -top ties be provided at each of the four corners of
the mobile home, with two accitional ties per side at inter-
mediate locations, with mobile homes less than fifty feet
long requiring one additional tie per side;
2. Frame ties be provided at each corner of the home with five
additional ties per side at intermediate points, with mobile
home less than fifty feet long requiring four additional
ties per side;
3. All components of the anchoring system be capable of carrying
a force of four thousand einht hundred pounds; and
4. Any additions to the mobile home be similarly anchored.
309- 11
•
6 i
■
ORDINANCE NO. 225
AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE MORRO BAY
MUNICIPAL CODE RELATING TO FEES CHARGED.
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, numerous fees and charges are set in various
sections of the Municipal Code; and
WHEREAS, the City Council finds that these fees and charges
should be adjusted from time to time to account for inflation and
other changing conditions; and
WHEREAS, establishment of a master fee schedule for all
fees and charges would greatly facilitate timely adjustment of
these fees and would provide for a consolidated listing of the
various fees and charges,
NOW THEREFORE,
1
•
•
•
The City Council of the City of Morro Bay does ordain as
follows:
SECTION 1. That Section 5.08.020 of the Morro Bay Municipal
Code is amended to read as follows:
"...following rates: See Master Fee Schedule."
SECTION 2. That Section 5.08.030 of the Morro Bay Municipal
Code is amended to read as follows:
"...shall pay a fee in accordance with the Master Fee Schedule."
SECTION 3. That Section 5.08.040 of the Morro Bay Municipal
Code is amended to read as follows:
Delete paragraph, "A one dollar...is greater."
Add paragraph, "See Master Fee Schedule."
SECTION 4. That Section 5.08.050 of the Morro Bay Municipal
Code is amended to read as follows:
"...city, see the Master Fee Schedule."
SECTION 5. That Section 5.08.060 of the Morro Bay Municipal
Code is amended to read as follows:
..one ring or more, see Master Fee Schedule, and such license
shall..."
SECTION 6. That Section 5.08.070 of the Morro Bay Municipal
Code is amended to read as follows:
"...the license tax fee shall be in accordance with the Master
Fee Schedule."
SECTION 7. That Section 5.08.080 of the Morro Bay Municipal
Code is amended to read as follows:
"...General Building Contractor...license tax in accordance with
the Master Fee Schedule."
"...Specialty Contractor...license tax in accordance with the
Master Fee Schedule."
' SECTION 8.
Code is amended
"...license tax
SECTION 9.
Code is amended
"...the license
That Section 5.08.090 of the
to read as follows:
in accordance with the Master
That Section 5.08.100 of the
to read as follows:
fee is in accordance with the
SECTION 10. That Section 5.08.110 of the
Code is amended to read as follows:
Delete paragraph, "A four...is greater."
Add paragraph, "See Master Fee Schedule."
SECTION 11. That Section 5.08.120 of the
Code is amended to read as follows:
"...in accordance with the Master Fee Schedule
a permit under the Master Fee Schedule."
Morro Bay Municipal
Fee Schedule."
Morro Bay Municipal
Master Fee Schedule."
Morro Bay Municipal
Morro Bay Municipal
. No...to apply for
2
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SECTION 12. That Section 5.08.130 of the Morro Bay Municipal
Code is amended to read as follows:
"B. The...basis and the Master Fee Schedule shall be used for
charges."
SECTION 13. That Section 5.08.140 of the Morro Bay Municipal
Code is amended to read as follows:
"...license tax in accordance with the Master Fee Schedule shall..."
SECTION 14. That Section 5.08.150 of the Morro Bay Municipal
Code is amended to read as follows:
"Every...peddler...tax in accordance with the Master Fee Schedule."
"Every...solicitor...tax in accordance with the Master Fee Schedule."
"Any...merchant...tax in accordance with the Master Fee Schedule."
SECTION 15. That Section 5.08.160 of the Morro Bay Municipal
Code is amended to read as follows:
"...annual license fee under the Master Fee Schedule, unless..."
SECTION 16. That Section 5.08.170 of the Morro Bay Municipal
Code is amended to read as follows:
"...license fee in accordance with the Master Fee Schedule."
Delete paragraph, "For each...regulations."
Add, See Master Fee Schedule; plus see Master Fee Schedule for each
salesman...year;plus, see Master Fee Schedule for each employee..."
SECTION 17. That Section 5.08.180 of the Morro Bay Municipal
Code is amended to read as follows:
"For...exhibiting...fee shall be in accordance with the Master Fee
Schedule."
"For...merry -go- round...shall be in accordance with the Master Fee
Schedule."
"For...tent...shall be in accordance with the Master Fee Schedule."
"For...wrestling...shall be in accordance with the Master Fee
Schedule."
"For...dance...shall be in accordance with the Master Fee Schedule."
SECTION 18. That Section 5.08.190 of the Morro Bay Municipal
Code is amended to read as follows:
"...junk, see the Master Fee Schedule, and each person..."
SECTION 19. That Section 5.08.200 of the Morro Bay Municipal
Code is amended to read as follows:
"...rinks, see Master Fee Schedule."
SECTION 20. That Section 5.08.210 of the Morro Bay Municipal
Code is amended to read as follows:
Delete paragraph, "For...four."
Add paragraph, "See Master Fee Schedule."
SECTION 21. That Section 5.16.020 of the Morro Bay Municipal
Code is amended to read a{s follows:
"...by law, and in accordance with the Master Fee Schedule."
3
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SECTION 22. That Section 5.20.050 of the Morro Bay Municipal
Code is amended to read as follows:
"...license is listed in the Master Fee Schedule. All..."
SECTION 23. That Section 5.20.21OG of the Morro Bay Municipal
Code is amended to read as follows:
"...fee listed on the Master Fee Schedule must..."
SECTION 24. That Section 5.20.230F of the Morro Bay Municipal •
Code is amended to read as follows:
"...fee listed on the Master Fee Schedule must..."
SECTION 25. That Section 5.24.140 of the Morro Bay Municipal
Code is amended to read as follows:
"...fees to the city in accordance with the Master Fee Schedule.
The..."
SECTION 26. That Section 5.24.240 of the Morro Bay Municipal
Code is amended to read as follows:
"...with an application fee in accordance with the Master Fee
Schedule and three.."
SECTION 27. That Section 7.12.020 of the Morro Bay Municipal
Code is amended to read as follows:
. in all cases impounding fees shall be paid in accordance with
the Master Fee Schedule."
SECTION 28. That Section 7.12.080 of the Morro Bay Municipal
Code is amended to read as follows:
"...health officer as listed in the Master Fee Schedule. The..."
SECTION 29. That Section 7.16.080A of the Morro Bay Municipal
Code is amended to read as follows:
"...such fee in accordance with the Master Fee Schedule has..."
SECTION 30. That Section 7.16.080B of the Morro Bay Municipal
Code is amended to read as follows:
"...fee according to the Master Fee Schedule for..."
SECTION 31. That Section 7.16.080C of the Morro Bay Municipal
Code is amended to read as follows:
"...fee according to the Master Fee Schedule for..."
SECTION 32. That Section 7.16.080D of the Morro Bay Municipal
Code is amended to read as follows:
"...fee according to the Master Fee Schedule for..."
SECTION 33. That Section 7.16.110 of the Morro Bay Municipal
Code is amended to read as follows:
"...fees in accordance with the Master Fee Schedule to reflect..."
SECTION 34. That Section 7.16.230A of the Morro Bay Municipal
Code is amended to read as follows:
"...fee in accordance with the Master Fee Schedule, and for...fee
in accordance with the Master Fee Schedule; unless..."
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SECTION 35. That Section 7.20.010 of the Morro Bay Municipal
Code is amended to read as follows:
"...charges in accordance with the Master Fee Schedule for the care..."
SECTION 36. That Section 7.24.020 of the Morro Bay Municipal
Code is amended to read as follows:
"...annual license fee in accordance with the Master Fee Schedule
for the privilege..."
SECTION 37. That Section 8.12.090 of the Morro Bay Municipal
Code is amended to read as follows:
"...the charge of such...by the city is listed in the Master Fee
Schedule and shall be assessed..."
SECTION 38. That Section 8.16.360 of the Morro Bay Municipal
Code is amended to read as follows:
"....impartial, Rates and basis are given on the Master Fee Schedule."
SECTION 39. That Section 8.28.020 of the Morro Bay Municipal
Code is amended to read as follows:
Delete sentence, "No fee...permit."
Add sentence, "See permit fee on Master Fee Schedule."
SECTION 40. That Section 9.12.050I of the Morro Bay Municipal
Code is amended to read as follows:
"...fee as listed on the Master Fee Schedule shall accompany..."
SECTION 41. That Section 9.22.020A of the Morro Bay Municipal
Code is amended to read as follows:
Add sentence, "See Master Fee Schedule."
SECTION 42. That Section 9.22.020B of the Morro Bay Municipal
Code is amended to read as follows:
..connection fee in accordance with the Master Fee Schedule. Such
fee..."
SECTION 43.. That Section 10.28.130B of the Morro Bay Municipal
Code is amended to read as follows:
"...written permit charged in the Master FeeSchedule authorize the..."
SECTION 44. That Section 10.28.140 of the Morro Bay Municipal
Code is amended to read as follows:
"...a permit listed in the Master Fee Schedule from the ..."
SECTION 45. That Section 10.28.190
Code is amended to read as follows:
Add sentence, "See Master Fee Schedule."
SECTION 46. That Section 10.44.020
Code is amended to read as follows:
Add sentence, "See Master Fee Schedule."
SECTION 47. That Section 10.48.090
Code is amended to read as follows:
Add sentence, "See Master Fee Schedule."
of the Morro Bay Municipal
of the Morro Bay Municipal
of the Morro Bay Municipal
5
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SECTION 48. That Section 10.52.020C of the Morro Bay Municipal
Code is amended to read as follows:
Add sentence, "See Master Fee Schedule."
SECTION 49. That Section 12.04.180D of the Morro Bay Municipal
Code is amended to read as follows:
Add paragraph D, "D. See Master Fee Schedule."
SECTION 50. That Section 12.08.040 of the Morro Bay Municipal
Code is amended to read as follows:
Add sentence to last paragraph, "See Master Fee Schedule."
SECTION 51. That Section 12.08.080 of the Morro Bay Municipal
Code is amended to read as follows:
add sentence, "See Master Fee Schedule."
SECTION 52. That Section 12.08.110 of the Morro Bay Municipal
Code is amended to read as follows:
Add sentence, "See Master Fee Schedule."
SECTION 53. That Section 12.08.120 of the Morro Bay Municipal
Code is amended to read as follows:
Add sentence, "See Master Fee Schedule."
SECTION 54. That Section 12.08.130 of the Morro Bay Municipal
Code is amended to read as follows:
Add sentence, "See Master Fee Schedule."
SECTION 55. That Section 13.04.070 of the Morro Bay Municipal
Code is amended to read as follows:
Add sentence, "See Master Fee Schedule."
SECTION 56. That Section 13.04.100 of the Morro Bay Municipal
Code is amended to read as follows:
"...overhead in accordance with the Master Fee Schedule."
SECTION 57. That Section 13.04.120 of the Morro Bay Municipal
Code is amended to read as follows:
Add sentence, "See Master Fee Schedule."
SECTION 58. That Section 13.04.150B of the Morro Bay Municipal
Code is amended to read as follows:
"...said service. See Master Fee Schedule. Upon..."
SECTION 59. That Section 13.04.170 of the Morro Bay Municipal
Code is amended to read as follows:
Add sentence to first paragraph, "See Master Fee Schedule."
"Meters moved...relocated per Master Fee Schedule."
"The cost...customer per Master Fee Schedule."
SECTION 60. That Section 13.04.180(2)b of the Morro Bay
Municipal Code is amended to read as follows:
"...an amount given in the Master Fee Schedule, to cover the cost
of the test."
•
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SECTION 61. That Section 13.04.240
Code is amended to read as follows:
"...thereof, according to the Master Fee
SECTION 62. That Section 13.04.310
Code is amended to read as follows:
"...charge in accordance with the Master
water service."
•
of the Morro Bay Municipal
Schedule."
of the Morro Bay Municipal
Fee Schedule for restoring
SECTION 63. That Section 13.04.360 of the Morro Bay Municipal
Code is amended to read as follows:
"...department. See the Master Fee Schedule for charges. The
water department...work. Charges begin with...department."
SECTION 64.
Code is amended
"...shall be in
SECTION 65.
Code is amended
"...shall pay a
shall..."
That Section 13.04.430 of the Morro Bay Municipal
to read as follows:
accordance with the Master Fee Schedule."
That Section 13.08.070B of the Morro Bay Municipal
to read as follows:
fee in accordance with the Master Fee Schedule, which
SECTION 66. That Section 13.12.010 of the Morro Bay Municipal
Code is amended to read as follows:
"...privilege a sum in accordance with the Master Fee Schedule."
SECTION 67. That Section 13.12.090 of the Morro Bay Municipal
Code is amended to read as follows:
"...charge in accordance with the Master Fee Schedule."
SECTION 68. That Section 13.12.210 of the Morro Bay Municipal
Code is amended to read as follows:
"...rates in accordance with the Master Fee Schedule."
SECTION 69. That Section 13.12.250A of the Morro Bay Municipal
Code is amended to read as follows:
"...campers - See Master Fee Schedule."
SECTION 70. That Section 13.12.250B of the Morro Bay Municipal
Code is amended to read as follows:
"...vehicles, see Master Fee Schedule for charge for each one..."
SECTION 71. That Section 13.12.280 of the Morro Bay Municipal
Code is amended to read as follows:
"...issue in accordance with the Master Fee Schedule, an operating..."
SECTION 72. That Section 13.16.140 of the Morro Bay Municipal
Code is amended to read as follows:
Add sentence, "See master Fee Schedule."
SECTION 73. That Section 14.04.040 of the Morro Bay Municipal
Code is amended to read as follows:
"...and fees in this title are listed in the Master Fee Schedule."
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SECTION 74. That Section 14.12.080 of the Morro Bay Municipal
Code is amended to read as follows:
"...shall be listed in the Master Fee Schedule. Said fees..."
SECTION 75. That Section 14.16.090 of the Morro Bay Municipal
Code is amended to read as follows:
"...fee in accordance with the Master Fee Schedule to defray..."
SECTION 76. That Section 14.36.200 of the Morro Bay Municipal
Code is amended to read as follows:
"...with the Master Fee Schedule."
SECTION 77. That Section 14.40.250 of the Morro Bay Municipal
Code is amended to read as follows:
"...cost of work in accordance with the Master Fee Schedule, and
a...,,
SECTION 78. That Section 14.52.030 of the Morro Bay Municipal
Code is amended to read as follows"
Add sentence, "See Master Fee Schedule."
SECTION 79. That Section 14.56.270 of the Morro Bay Municipal
Code is amended to read as follows:
"...and a fee in accordance with the Master Fee Schedule, therefore
should be paid to..."
SECTION 80.
Code is amended
"...shall be in
SECTION 81.
Code is amended
"...shall be in
That Section 14.56.290A of the Morro Bay Municipal
to read as follows:
accordance with the Master Fee Schedule."
That Section 14.56.2908 of the Morro Bay Municipal
to read as follows:
accordance with the Master Fee Schedule."
SECTION 82. That Section 14.60.070 of the Morro Bay Municipal
Code is amended to read as follows:
Add sentence, "See Master Fee Schedule."
SECTION 83. That Section 14.64.120 of the Morro Bay Municipal
Code is amended to read as follows:
"...as shown in the Master Fee Schedule."
SECTION 84. That Section 14.64.130 of the Morro Bay Municipal
Code is amended to read as follows:
"...a fee. See Master Fee Schedule."
SECTION 85. That Section 14.64.300 of the Morro Bay Municipal
Code is amended to read as follows:
Add paragraph, "G. See Master Fee Schedule."
SECTION 86. That Section 14.68.070 of the Morro Bay Municipal
Code is amended to read as follows:
"...a fee. See Master Fee Schedule. No part of the fee is refundable.
8
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SECTION 87. That Section 14.68.150 of the Morro Bay Municipal
Code is amended to read as follows:
add sentence, "See Master Fee Schedule."
SECTION 88. That Section 14.72.110 of the Morro Bay Municipal
Code is amended to read as follows:
add paragraph, "F. See Master Fee Schedule."
SECTION 89. That Section 15.12.020 of the Morro Bay Municipal
Code is amended to read as follows:
add paragraph, "See Master Fee Schedule."
SECTION 90. That Section 15.16.030 of the Morro Bay Municipal
Code is amended to read as follows:
"...a fee, ...and otherwise..."
Add sentence, "See Master Fee Schedule."
SECTION 91. That Section 15.20.020C of the Morro Bay Municipal
Code is amended to read as follows:
"...the fee established in the Master Fee Schedule."
SECTION 92. That Section 15.24.050 of the Morro Bay Municipal
Code is amended to read as follows:
"...a permit. See Master Fee Schedule. No permit shall..."
SECTION 93. That Section 15.28.100 of the Morro Bay Municipal
Code is amended to read as follows:
"...shall be listed in the Master Fee Schedule."
SECTION 94. That Section 15.32.020 of the Morro Bay Municipal
Code is amended to read as follows:
"...deposit in accordance with the Master Fee Schedule. This
deposit..."
SECTION 95. That Section 15.40.010 of the Morro Bay Municipal
Code is amended to read as follows:
add paragraph, "F. See Master Fee Schedule."
SECTION 96. That Section 16.16.020 N1.b of the Morro Bay
Municipal Code is amended to read as follows:
"...sum as stated in the Master Fee Schedule per dwelling..."
SECTION 97. That Section 16.20.060 of the Morro Bay Municipal
Code is amended to read as follows:
"...a fee in accordance with the Master Fee Schedule to cover the
cost of checking."
SECTION 98. That Section 16.24.05081 of the Morro Bay
Municipal Code is amended to read as follows:
"...fee in accordance with the Master Fee Schedule, for such..."
SECTION 99. That Section 16.28.010 of the Morro Bay Municipal
Code is amended to read as follows:
add paragraph, "E. See Master Fee Schedule."
9
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SECTION 100. That Section 17.48.280B of the Morro Bay Municipal
Code is amended to read as follows:
Add sentence, "See Master Fee Schedule."
SECTION 101. That
Code is amended to read
"...a fee in accordance
SECTION 102. That
Code is amended to read
"...a fee in accordance
Section 17.60.020 of the Morro Bay Municipal
as follows:
with the Master Fee Schedule, and plans..."
Section 17.60.050 of the Morro Bay Municipal
as follows:
with the Master Fee Schedule.,1,
SECTION 103. That Section 13.04.220 of the Morro Bay Municipal
Code is amended to read as follows:
"The City Council shall, in the Master Fee Schedule, establish
the rates which... footage charge. The City Council shall, in
the Master Fee Schedule, establish the amount of the deposit
which.... applicant."
PASSED AND ADOPTED by the City Council of the City of Morro
Bay at a meeting of said City Council held this 24th day May
1982, by the following roll call vote:
AYES: Ward, Anderson, Deutsch, Dorn
NOES: None
ABSENT:Lemons
ATTEST:
Warren M. Dorn, Mayor
10
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ORDINANCE NO. 224
AN ORDINANCE AMENDING CERTAIN SECTION
15.48.030 OF CHAPTER 15.48
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 does ordain as follows:
SECTION 1. That Section 15.48.030 of Chapter 15.48 of the Morro Bay
Municipal Code is hereby amended to read as follows:
15.48.030 Terms of Office and Vacancies. Regular members and alternates
of the Harbor Advisory Board shall serve for a period of four years beginning
January 1, 1982. The term of office of two members shall expire on December 31,
1984 and every four years thereafter; the terms of office for two members shall
expire December 31, 1985 and every four years thereafter; the term of office for
two members shall expire on December 31, 1986 and every four years thereafter.
Vacancies in the Harbor Advisory Board occurring otherwise than by expiration
of the term shall be filled in the manner set forth in this chapter for appointments.
All members and alternates shall serve at the pleasure of the City Council (Ord.
168 §3, 1979).
PASSED AND ADOPTED by the City Council of the City of Morro Bay at the
regular meeting thereof held on this 24th day of May 1982, by the following
roll call vote:
AYES: Ward, Anderson, Deutsch, Dorn
NOES: None
ABSENT: Lemons
ATTEST:
PAUL BAXTER, City Clerk
WARREN M. DORN, Mayor
•
ORDINANCE NO. 223
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE
166 AND SECTION 13.20.508 OF THE MORRO BAY
MUNICIPAL CODE, AND FURTHER RESCINDING ALL
OTHER ORDINANCES IN CONFLICT THEREWITH.
THE CITY COUNCIL
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as follows:
SECTION 1. That Section 1 of Ordinance 166 and Section 13,20.50B of the
Morro Bay Municipal Code be amended to read as described in Exhibit 'A', attached
hereto.
SECTION 2. That all laws, regulations, procedures or ordinances in
conflict with the intent and purpose of the said Section (as amended herein) are
hereby rescinded.
SECTION 3. That the City Council will not modify this ordinance except
as directed by the California Coastal Commission for consistency with the Coastal
Act of 1976.
PASSED AND ADOPTED by the City Council of the City of Morro Bay, at a
regualr meeting thereof, held this 24th day of May , 1982, by the following
roll call vote:
AYES: Ward, Anderson, Deutsch, Dorn
NOES: None
ABSENT: Lemons
ATTEST:
PAUL BAXTER, City Clerk
APPROVED AS TO FORM:
Michael T. LeSage, City Attorney
li/aA44,Z1 4
WARREN M. DORN, Mayor
ORDINANCE NO. Page Two
EXHIBIT 'A'
Section 13.20.506 is amended to read as follows:
"8. When developing and recommending a water equivalency program,
the Planning and Community Development Director shall include
in any such program prepared, the City Council policy, pertaining
only to the limited amount of water (200 acre feet) not being
lost in the distribution system as a result of pipe replacement
and leak repair, to allocate 80% td residential building and 20%
to commercial /industrial building, and require that water allocations
for the already subdivided lots shall have priority.
This policy shall remain a part of any allocation program
recommended by the Planning Commission and adopted by the City
Council, unless otherwise directed by the California Coastal
Commission,: and /or found inconsistent with the California Coastal
Act of 1976."
ORDINANCE NO. 222
4
AN ORDINANCE AMENDING SECTION 6 OF ORDINANCE 100
AND SECTION 17.40.030 OF THE MORRO BAY MUNICIPAL CODE
CASE NO. ZOA 01 -82
THE CITY COUNCIL
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as follows:
SECTION 1. That Section 6 of Ordinance 100 and Section 17.40.030 of the
Morro Bay Municipal Code be amended to read as described in Exhibit A, attached
hereto.
SECTION 2. That the Council does hereby approve of the Environmental
Coordinator's determination to file a Negative Declaration purusant to the
California Environmental Quality Act, in connection with this Zoning Ordinance
Text amendment, Case No. ZOA 01 -82.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a
meeting of said City Council held this 26th day of April , 1982,
by the following roll call vote:
AYES: Ward, Anderson, Lemons, Deutsch, Dorn
NOES: None
ABSENT: None
ATTEST:
PAUL
eOLL TE R, Ci �N
APPROVED AS TO FORM
Mich .e T. eSage
Cit Attorney
WARREN M. DORN, Mayor
City Council
Ordinance No. Page Two
EXHIBIT "A"
Municipal Code (Zoning Ordinance) Section 17.32.080, is amended
to add under uses requiring a Use Permit, the following:
California Certified Farmers' Markets conducted out -of- doors.
ORDINANCE NO.
CZ 01 -81
1
PAGE TWO
Lots 1 -11,
Lots-1-12,
Block 1, Ocean Heights Tract No.. 1
Block 2,
Lots 1 -11, Block -3,
Lots 1 -12, Block 4,
Lots 1 -11, Block 5,
Lots 1- 12,.Block.-6, "
Lots 1 -11, Block 7,
Lots- 1 -11, Block 8, "
Lots 1 -11, Block 9, "
Lots 1 -12, Block 10,
Lots 1 -11, Block 11,
Lots 1 -12, Block 12, "
Lots 1 -11, Block 13, "
Lots 1 -12, Block 14,
Lots- 1 -11, Block 15,
Lots 1 -12, Block 16, TV
Lots 1 -9, Block 17,
Lots.1 -10, Block 18,
Lots 1 -10, Block 19,
Lots 1 -11, Block 20,
Lots 1 -11, Block 21, "
Lots 1 -12, Block 22,
Lots 1-12, Block 23,
Lots 1 -13, Block 24, "
Lots 1 -24, Block 25, Ocean Heights Tract No. 2
Lots 1 -24, Block 26,
Lots 1 -18,. Block 26,
11
I/
ORDINANCE N0. 221
AN ORDINANCE AMENDING CERTAIN SECTIONS
OF ORDINANCE NO.157 AND TITLE 14 OF
THE MORRO BAY MUNICIPAL CODE
THE CITY COUNCIL
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as follows:
SECTION 1. That Section 14.20.010 of the Morro Bay Municipal Code
is hereby amended to read as follows:
14.20.010 Adopted. The National Electric Code, 1981 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.
SECTION 2. This ordinance shall take effect thirty (30) days after its
adoption, and prior to the expiration of fifteen (15) days from the passage
thereof shall be published and circulated in the City of Morro Bay, and
thenceforth and thereafter the same shall be in full force and effect.
PASSED AND ADOPTED by the City Council of the City of Morro Bay
at the regular meeting thereof held on this 12th day of April
1982, by the following roll call vote:
AYES: Ward, Anderson, Lemons, Deutsch, Dorn
NOES: None
ABSENT: None
ATTEST:
fr
1 1 .
PAUL BAXTER, Ci�
P Y Clerk
WARREN M. DORN, Mayor
•
ORDINANCE NO. 220
AN ORDINANCE AMENDING ORDINANCE 176 (PART) AND
SECTION 17.58.020 OF THE MORRO BAY MUNICIPAL CODE
CASE NO. ZOA 05 -81
THE CITY COUNCIL
City of Morro Bay, California
The City Council of the City of Morro Bay, California, does ordain
as follows:
SECTION 1: That Ordinance 176 (Part) and Section 17.58.020 of the
Morro Bay Municipal Code be amended to delete Subparagraph "9 ", and revise
Subparagraphs 10 and 11, as described in Exhibit A, attached hereto.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at
a meeting of said City Council held this 22nd day of February, 1982, by
the following roll call vote:
AYES: Anderson, Ward, Lemons, Deutsch, Dorn
NOES: None
ABSENT: None
WARREN M. DORN, MAYOR
ATTEST:
PEGGY I 1 / AN, DEPUTY CITY CLERK
APPROVED AS TO FORM
Michael T. LeSage
City Attorney
ORDINANCE NO. 220
Page Two
• •
EXHIBIT "A"
Amend Municipal Code Section 17.58.020, and revise as follows:
1) Subparagraph "9 ", delete in its entirety, renumber following
subparagraphs 10 through 28;
2) Subparagraph "10 ", strike wording "... in the public right -of -way
or... "; and,
3) Subparagraph "11 ", strike wording, "...on public rights -of -way
or performance of such work... ".
INTENTIONALL'Y LEFT BLANK
ORDINANCE NO. 219
AN ORDINANCE PROVIDING FOR THE REMOVAL OF UNSAFE
VESSELS, DOCKS OR OTHER MANMADE FLOATING STRUCTURES
T H E C I T Y C O U N C I L
City of Morro Bay, California
BE IT RESOLVED by the City Council of the City of Morro Bay as follows:
(1) Any slip, vessel or other watercraft which remains on the waters of the
City of Morro Bay in an unsafe or dilapidated condition for an
uninterrupted period longer than one hundred (100) days shall be subject
to the conditions of 0 522 of the Harbors and Navigation Code and /or may
be subject to Section 1.16 of the Morro Bay Municipal Code.
(2) From this point the term "craft" will be used in place of the terms vessel,
slip, boat, dock, barge or other manmade structure intended to support
people on water.
(3) If any craft is found to be subject to the provisions of Harbors and
Navigation Code § 522 or Section 1.16 of the Morro Bay Municipal Code, in
addition to the sanctions, remedies, and other provisions provided in said
sections, the owner of such craft shall forfeit all berthing privileges on
the waters of Morro Bay. Notice of such forfeiture shall be included in
the notices provided for under said Code Section 522. No berthing
privileges shall pass to any private party as a result of any sale or
transfer under Code Section 522.
(4) In the event a craft is deemed unsafe by the City of Morro Bay, the Chief
Harbor Patrol Officer shall promptly give notice to the owner by certified
mail, return receipt requested. Any party claiming an interest in the
craft shall have the right to request an immediate hearing before the
Director of Public Works on the question of whether or not the craft is
unsafe. The owner may, within ten (10) days, appeal the decision of the
Director of Public Works to the City Council by a written notice filed
with the City Clerk requesting a hearing before the City Council.
(5) As a method of determining whether or not the craft is in fact subject to
0 522 or Sections 1.16 of the Morro Bay Municipal Code, the following
procedure will be followed:
a. The owner may agree that the subject craft is subject to 0 522.
b. A current insurance policy, in the owner's name and describing
the craft in question, stating coverage for the craft's obvious
intended use may be provided.
•
c. A marine surveyor may be hired by the City to determine safety or
the craft for its obvious intended use If the determination is
made that the craft is in fact unsafe, the cost of the survey will
be charged to the craft's owner.
d. If the owner fails to either submit evidence or request a hearing
to determine safety of the craft within ten (10) days of notifica-
tion by the City of Morro Bay, then the Director of Public Works
shall have the right to proceed on the available evidence and
determine the safety of the craft.
(6) A public hearing shall be held by the Director of Public Works and the Chief
Harbor Patrol Officer on the question of safety of the craft and the
assessment of the administrative costs and the cost of removal of the craft
against the owner. Each such hearing shall be open to the public and may
be continued from time to time. At each such hearing, all persons
interested shall be given an opportunity to be heard. All public hearings
under this chapter shall be heard before the Director of Public Works or
his delegate who shall hear all facts and testimony he deems pertinent.
Said facts and testimony may include testimony on the condition of the
craft, its location and the ownership of said craft. The Director of
Public Works shall not be limited by the technical rules of evidence.
(7) At the conclusion of the public hearing, the Director of Public Works may
take such action as deemed appropriate under the circumstances to carry out
the purpose of this ordinance. The Director may delay the time for removal
of the craft if circumstances so justify. The Director of Public Works may
find that the craft has been abandoned or is unsafe and order the same
removed from public property as a public nuisance and disposed of as
provided in Harbor and Navigation Code § 522 and determine the administrative
costs and the cost of removal and disposal to be charged against the owner of
the craft. The order requiring removal shall include a description of the
craft.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting thereof held the 22nd day of February, 1982, by the following roll call
vote:
AYES: Ward, Anderson, Lemons, Deutsch, Dorn
NOES: None
ABSENT: None
ATTEST:
PLL
PAUL BAXTER, Cit k)611)
erk
WARREN M. TORN, Mayor
ORDINANCE NO. 218
AN ORDINANCE AMENDING SECTION
15.28.040 OF THE MORRO BAY MUNICIPAL
CODE REDEFINING POLICY
15.28.040 Policy. It shall be the policy of the City to lease a
portion of Zone A -1 -3 for use by the Morro Bay Yacht Club to serve
transient vessels and Zone A -1 -4 to a commercial mooring operator or
operators for installation and rental of individual moorings. Zones
A -1 -1 through A -1 -2 and Zone A -2 shall be reserved for the rental of
specific mooring locations to individuals and Zone A -1 -5 shall be
reserved by the City to provide an anchorage and /or mooring area for
transient vessels.
In the event that all the specific mooring locations in Zones
A -1 -3 or Zone A -1 -4 are not used by the Morro Bay Yacht Club or by a
commercial operator or operators respectively, then the unused locations
shall be retained by the City for rental of mooring space to individuals.
In the event that individual moorings in Zones A -1 -1 through A -1 -2
and A -2 are not in use for a 10 -day period the City may, at its option,
rent these moorings to individuals at the same fee charged at City piers.
All rents collected will be credited to the leasees account.
The leasing of mooring zones by commercial mooring operators shall
be determined by bid in accordance with specifications and conditions
established by the City. Mooring locations within the zone or zones
reserved for private individuals shall be rented on an individual
basis by application to the Director of Public Works.
The lease or rental term for individual mooring locations shall
not exceed a total of thirty (30) days, which term may be renewable at
the option of the City, provided that if the City at any time requires
the movement of the mooring zones, or movement of individual mooring
locations due to realignment of the navigable channel, or to perform
necessary dredging operations, then such lease or rental term shall be
terminated. In such case, the City may provide comparable mooring
space for the duration of the lease or rental term. This will not be
interpreted as interfering with the long term leases between the City
of Morro Bay and the Morro Bay Yacht Club or Morro Bay Marina.
• •
ORDINANCE NO. 218
PAGE TWO
Installation, maintenance and inspection of moorings shall be in
accordance with and subject to City specifications and conditions. In-
stallation, maintenance and inspection costs shall be at the expense of
the commercial mooring operator, the Morro Bay Yacht Club or individual
mooring owner. Each mooring shall be inspected for general condition
and safety bi- annually by the Chief Harbor Patrol Officer and /or his
delegates. This inspection will not be interpreted as causing liability
to transfer to the City of Morro Bay. Such inspection is due on the
anniversary of the lease.
In the event that a mooring owned, installed and maintained by a
commercial operator, the Morro Bay Yacht Club or a private individual
is abandoned, or in the event that rental fees owed to the City are
in arrears for sixty (60) days, or in the event that the leasee fails
to comply with the inspection and repair requirements within thirty
(30) days following the anniversary, then the Director of Public Works
may have the mooring removed and the boat stored in dry dock at the
cost of the mooring owner. In the event that the mooring owner fails
to reimburse the City of Morro Bay within thirty (30) days following
removal then the City may sell the mooring to recoup the cost of the
mooring removal and administrative costs associated with that removal.
The proceeds of that sale are to be deposited in the Harbor Fund.
PASSES AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting held thereof on the 25th day of January, 1982, by the following roll call vote:
AYES: Anderson, Ward, Lemons, Deutsch, Dorn
NOES: None
ABSENT: None
ATTEST:
Peggyouvanan, Deputy City Clerk
WARREN M. DORN, MAYOR `�
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ORDINANCE NO. 217
AN ORDINANCE AMENDING SECTION 13.04.230
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 does ordain as
Collows:
SECTION 13.04.230 of the Morro Bay Municipal Code is amended
to read as follows:
13.04.230 Collection of past due accounts.
A. In the event that any fees and other charges due from
any occupant of any premises for utility services, as
provided for in Title 13 or in Chapter 8.16 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
charges which have fallen delinquent.
B. The Council hereby adopts procedures similar to those
appearing in Government Code Section 54.354 et seq for the
purpose of collecting delinquent utility service charges and
penalties.
1. Any charges of fees authorized pursuant to the
provisions of Title 13 or Chapter 8.16 of this
Code, which charges remain unpaid for a period
of sixty (60) days after the date upon which
they are billed may be collected thereafter by
the City from the owner of record of any premises
provided utility services as follows:
(a) Once each year the Council shall cause to
be prepared a report of delinquent charges,
fees, and penalties. The Council shall fix
a time, date, and place for hearing the
report and objections or protest thereto.
(b) The Council shall cause a notice of the
hearing to be mailed to the landowners
listed on the report not less than thirty (30)
days prior to the day of the hearing.
(c) At the hearing the Council shall hear any
objections or protests of landowners liable
to be assessed for delinquent charges, fees,
and penalties. The Council may make such
revisions or corrections to the report as it
ORDINANCE NO. 217
PAGE TWO
deems just, after which, by resolution,
the report shall be confirmed.
(d) The delinquencies set forth in the
report as confirmed shall constitute
special assessments against the re-
spective parcels of land and shall be
a lien on the property for the amount of
such delinquent charges, fees, and penal-
ties. A certified copy of the confirmed
report shall be filed with the County
Auditor for the amounts of the respective
assessments against the respective
parcels of land as they appear on the
current tax rolls. The lien created shall
attach upon the recordation in the office
of the County Recorder of a certified copy
of the resoultion of confirmation. The
assessment may be collected at the same
time and in the same manner as ordinary
City ad valorem property taxes are collected
and shall be subject to the same penalties
and same procedures and sale in case of
delinquency as provided for such taxes. All
laws applicable to the levy, collection and
enforcement of City ad valorem property
taxes shall be applicable to such assessment.
2. Nothing contained in this chapter shall limit the
right of the City to proceed against any customer
for any delinquencies due under Title 13 or Chapter
8.16 of this Code. Nothing contained in this
chapter shall prevent the Ctiy from availing itself
of any other legal remedy by which the City might
collect such charges, fees or penalties.
PASSED AND AOPTED by the City Council of the City of Morro Bay
at a meeting of said City Council held this 25 day January , 1982,
by the following roll call vote:
AYES: Anderson, Ward, Lemons, Deutsch, Dorn
NOES: None
ASSENT: None
ATTEST:
4
P %ggy -Buchanan, Deputy City Clerk
Warren M. Dorn, Mayor
' 6
ORDINANCE NO. 216
AN ORDINANCE AMENDING ORDINANCE 172
AND CHAPTER 14.72 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 does ordain as
follows:
SECTION 1. That Ordinance 172 and Chapter 14.72 of the Morro
Bay Municipal Code be amended to read as found in the exhibit labeled
• "Exhibit A ", and attached hereto.
PASSED AND ADOPTED by the City Council of the City of Morro Bay
at a meeting of said City Council this 23rd day of November, by the
following roll call vote:
AYES: Ward, Anderson, Lemons, Deutsch, Mayor Dorn
NOES: None
ABSENT: None
ATTEST:
4
Peggy
Deputy City Clerk
APPROVED AS TO FORM:
Michael T. LeSage, City Attorney
Warren M. Dorn, Mayor
•1) •)
ORDINANCE NO. 215
AN ORDINANCE ADDING SECTION 2.09
TO 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:
There is hereby added to the Municipal Code of Morro Bay, California
Section 2.09, which is to read as follows:
2.09 Elections.
Pursuant to authority granted by the State of California, the
City of Morro Bay shall hold its general municipal election on the
same day as the statewide direct primary election. The date for
said election is the first Tuesday after the first Monday in June
of even numbered years, unless otherwise designated by the State.
PASSED AND ADOPTED by the City Council of the City of Morro Bay
at a regular meeting thereof held this 26th day of October, 1981,
by the following roll call vote:
AYES: Anderson, Deutsch, Dorn, Lemons, Ward
NOES: None
ABSENT: None
ATTEST:
PAUL BAXTER, City Clerk
WARREN M. DORN, Mayor
ORDINANCE NO. 214
AN ORDINANCE AMENDING CHAPTER 8.16
OF THE MORRO BAY MUNICIPAL CODE
TO ESTABLISH A MANDATORY REFUSE COLLECTION SYSTEM
THE CITY COUNCIL
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as follows:
SECTION 1. That Section 8.16 of the Morro Bay Municipal Code be amended
to read as follows:
Sections:
8.16.010 Purpose.
8.16.020 Short title.
Chapter 8.16
REFUSE
I. GENERAL PROVISIONS
II. DEFINITIONS
8.16.030 Collection station defined.
8.16.040 Disposal area defined.
8.16.050 Garbage defined.
8.16.060 Person defined.
8.16.070 Premises defined.
8.16.080 Refuse defined.
8.16.090 Refuse collector defined.
8.16.100 Rubbish defined.
8.16.110 Standard container defined.
8.16.120 Solid waste defined.
8.16.130 Waste material defined.
III. STORAGE AND REMOVAL
8.16.140 Storage of refuse and waste material.
8.16.150 Removal of refuse and waste material.
IV. COLLECTION STATIONS
8.16.160 Refuse and waste material collection station.
Ordinance No. 214
Page Two
1
V. COLLECTION AND DISPOSAL OF SOLID WASTE
8.16.170 Use of solid waste collection and disposal service mandatory.
8.16.180 Frequency of collection.
8.16.190 Time of collection.
8.16.200 Collection regulations.
8.16.210 Collection vehicles.
8.16.220 Dead animals.
8.16.230 Ownership of refuse.
VI. PROVISION OF SOLID WASTE COLLECTION SERVICE
8.16.240 Contract.
VII. DISPOSAL OF REFUSE
8.16.250 Disposal area.
8.16.260 Operation of disposal area.
8.16.270 Manner of operation.
VIII. BURNING OR BURYING REFUSE AND /OR WASTE MATERIAL
8.16.280 Burning.
8.16.290 Burying refuse and /or waste material.
IX. DEPOSIT OF REFUSE AND /OR
WASTE MATERIALS IN PUBLIC PLACES
8.16.300 Prohibited -- public places designated.
8.16.310 Use of city maintained containers.
X. SOLID WASTE COLLECTION QUANTITIES AND SERVICE
8.16.320 Basic collection of refuse.
8.16.330 Extra collection of refuse.
8.16.340 Special collections.
8.16.350 Annual free collection of rubbish.
XI. REFUSE COLLECTION CHARGES
8.16.360 Rates established.
8.16.370 Rate basis.
8.16.380 Complaints.
XII. ENFORCEMENT AND PENALTIES
8.16.390 Administrator duty.
8.16.400 Franchise board.
8.16.410 Violation -- severability.
Ordinance No. 214
Page Three
•
I. GENERAL PROVISIONS
8.16.010 Purpose. The health, welfare, and safety of the people of the
city require that regulations and procedures be established that will provide
for the storage, collection and disposal of refuse and waste materials that
accumulate within the city. To assure the existence and continuance of a
collection and disposal system that will benefit all citizens of the city, it
is necessary that regulations and procedures be established as set forth in
this chapter.
8.16.020 Short title. This chapter shall be known by the short title of
"refuse control ordinance."
II. DEFINITIONS
8.16.036 Collection station defined. "Collection Station" means the
location where the occupant of any premise places refuse in standard containers
for collection by an authorized refuse collector.
8.16.040 Disposal area defined. "Disposal Area" means an approved premises
or site where the disposal of refuse not produced on such premises or site is
permitted to occur.
8.16.050 Garbage defined. "Garbage" means trimmings and leftovers from the
preparation of meals, and spoiled and wasted foods from homes, restaurants, markets
and other accommodations occupied by human beings, and the unwashed paper,
cardboard, wood, metal, plastic or glass containers and to which putrescible food
particles adhere.
8.16.060 Person defined. "Person" means any person, firm, association,
organization, partnership, corporation or company, and includes every public
agency subject to the provisions of this chapter and any officer thereof.
8.16.070 Premises defined. "Premises" means the integral area of a parcel
or lot, including improvements, to which electricity and water service are
provided.
8.16.080 Refuse defined. "Refuse" means all putrescible or nonputrescible
solid and semisolid waste, whether combustible or noncombustible, including both
garbage and rubbish, but excluding waste material as defined in Section 8.16.130.
8.16.090 Refuse collector defined. The term "Refuse Collector" shall include
and mean, for the purpose of this chapter, an agent or employee of the city, or
any person, firm, corporation or association, or the agents or the employees
thereof, with whom the city shall have duly contracted and franchised under the
terms hereinafter set out in this chapter, and under the provisions of the
general laws, to collect, transport through the streets, alleys or public ways
of the city, and dispose of refuse and /or waste material produced within the
limits of said city.
8.16.100 Rubbish defined. "Rubbish" includes, but is not limited to, grass
trimmings, yard cuttings and all refuse as defined in Section 8.16.080 except that
which is defined in Section 8.16.050 as garbage and Section 8.16.130 as waste
material.
Ordinance No. 214
Page Four
8.16.110 Standard Container Defined. "Standard Container" means a metallic
can or plastic watertight container with a close- fitting cover, a cover handle
and side bails, of thirty -five (35) gallons or less in gross capacity, and not to
exceed seventy -five (75) pounds in gross weight when filled. Said container(s)
shall be provided by the owner, occupant or the person maintaining the premise
within the City.
8.16.120 Solid Waste Defined. "Solid Waste" shall be the term used to col-
lectively refer to garbage, rubbish, refuse and other waste materials.
8.16.130 Waste Material Defined. "Waste Material" includes, but is not lim-
ited to, dead animals, including fish and fowl, corrosive substances, sludge, oil,
residue, sewage, liquid wastes, industrial wastes, and any and all other material
not commonly classified as refuse.
8.16.140 Storage of Refuse and Waste Material. It shall be unlawful for any
tenant, occupant, or owner of any residential, commercial or manufacturing premises
in the City to keep, deposit or accumulate any refuse or waste material or permit
refuse or waste material to be kept, disposed or accumulated upon any lot or par-
cel of land on any public or private place, street or alley unless the same is
stored in a "Standard Container." Said premises may utilize bin or dumpster con-
tainers to be placed in conformance with Section 8.16.160 and of the type and
construction of prevent leakage or overflow.
8.16.150 Removal of Refuse and Waste Material. It shall be 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 or unsan-
itary shall be required to remove said refuse and /or waste materials in accordance
with the provisions of this ordinance. The City Health Officer or City Building
Inspector may direct the removal of refuse and /or waste materials by employing the
authorized refuse collector or City employees and the owner and /or occupant shall
be liable for the reasonable cost thereof. The City may sue on such obligation or
may add the amount of such obligation to the water charge for the property involved
if the premises are receiving water service, and thereafter use any remedies avail-
able for collection of water rates.
8.16.160 Refuse and Waste Material Collection Station. Refuse and /or waste
material containers shall be placed in areas at the curbline where they will be
readily accessible for collection. Said areas and access thereto shall be kept
free and clear of all obstacles, such as fences, doors, trellises, flowers, vines,
and such that would obstruct a clear passageway for removal of containers. Refuse
containers shall not be placed in any area where said containers will interfere
with vehicular or pedestrian traffic on City streets or alleyways. All refuse and
waste material stations on all premises within the City shall be maintained in the
manner specified in Section 8.16.150 of this chapter. All premises, whether resi-
dential, commercial or manufacturing, utilizing a bin or dumpster container as de-
Ordinance No. 214
Page Five
• •
scribed in Section 3.16.140 shall be required to place the refuse and waste material
collection station in the rear of said premises and the bin or dumpster container
shall be placed in an approved enclosure so that said container is out of public
view. The mandatory refuse collection service shall include the replacement of the
bin container to the enclosed collection station at said premises and, at no time
other than the actual "pick -up" shall the bin container be placed in the public
right -of -way. Special rates may be established by the City Council for hardship
cases where placing of refuse material at the curbline for residential collection
is impractical.
V. COLLECTION AND DISPOSAL OF SOLID WASTE.
8.16.170 Use of Solid Waste Collection and Disposal Service Mandatory.
A. It is hereby found and determined that the periodic collection of refuse
and /or waste material, hereinafter collectively referred to as "solid waste ", from
all places in the City of Morro Bay benefits all occupants of places and premises
in the City and in nearly every case the person who is the occupant of any place
in or from which solid wastes are created, accumulated or produced has already
contracted for other municipal services to the premises.
B. Solid waste collection and disposal service subject to the limitations
herein noted shall be provided by the City, and it shall be mandatory for all
places and premises in the City of Morro Bay in or on which solid waste is created,
accumulated or produced to use the City's collection service.
C. For the purposes of establishing liability and responsibility for the pay-
ment of fees and charges hereinafter referred to, the party responsible for payment
for refuse services is deemed to be the person who has heretofore applied or will
hereinafter apply for water service to each place or premises within the City and
all fees and charges hereinafter referred to shall be collected directly by the City
of Morro Bay or the authorized contract agent.
8.16.180 Frequency of Collection. Refuse shall be collected by the refuse
collector from every premise within the City at least one time each week. Those
premises within the City creating large volumes of refuse and /or waste materials
shall be required to receive collection service or cause the same to be removed
under provisions of this ordinance at intervals of more than one time each week as
need dictates to prevent unsightly, hazardous or unsanitary conditions.
8.16.190 Time of Collection. In residentially zoned areas to include
Neighborhood Commercial (C -1 -NJ, refuse may be collected only between the hours of
7:00 a.m. and 7:00 p.m., Monday through Saturday inclusive. In the Central
Business District (C -1), refuse may be collected only between the hours of 7:00 a.m.
and 7:00 p.m. Monday through Saturday inclusive and 10:00 a.m. through 5:00 p.m. on
Sunday. In all othe zones including Commercial, Manufacturing and Planned Unit
Development Districts, refuse shall be collected between the hours of 5:00 a.m. and
7:00 p.m. Monday through Sunday inclusive.
Ordinance No. 214
Page Six
•
8.16.200 Collection Regulations. The refuse collector shall not be required
to replace covers on containers after emptying them, nor to pick up refuse which
has been scattered on the premises by others. Rubbish may be placed at the curb
for collection not earlier than eight a.m. on the day preceding the day of collec-
tion. The owner of empty rubbish containers shall remove them from the street
not later than eight p.m. on the day of collection. It is unlawful to place
rubbish at the curb so that either the sidewalk, street gutter or any public
right -of -way is obstructed. Bin or dumpster containers shall be placed and handled
in accordance with those provisions in Section 8.16.160.
8.16.210 Collection Vehicles. All vehicles, conveyances, or containers used
for hauling refuse within the City shall be of such construction as to comply fully
with all laws, rules, and regulations of the state and the county pertaining thereto,
and shall be of a type and construction to prevent leakage, spillage, or overflow.
All refuse in such vehicles, conveyances, or containers shall be completely covered
or compacted when enroute from the last collection station to the disposal area so
as to prevent any refuse from spilling, overflowing, blowing, or dropping out of
said vehicle, conveyance or containers.
8.16.220 Dead Animals.' Dead animals shall be disposed of by the poundmaster
of the City as provided in Sections 7.12.070 and 7.12.080 of this code.
8. 16.230 Ownership of Refuse. All refuse, upon being removed by a refuse
collector from the premises where produced, created or accumulated shall become
and be the property and responsibility of the refuse collector.
VI. PROVISION OF SOLID WASTE COLLECTION SERVICE
8.16.240 Contract.
A. For the collection and disposal of refuse and certain solid waste materials,
a contract for a period not to exceed ten (10) years may be entered into by.the City,
in accordance with and subject to the terms and conditions of this chapter.
B. Such contract shall provide that the Contractor shall collect and dispose
of the refuse, garbage, rubbish and other solid waste materials in the City in the
manner as set forth in this chapter, and shall not charge any amounts in excess of
the rates specified in this chapter or by resolution adopted hereunder. Said con-
tractor shall be required to furnish a cash or surety bond to the City at a rate
equal to two hundred (200) percent of the estimated monthly gross revenue for man-
datory refuse collection service or in the sum of twenty- thousand dollars
($20,000), whichever is greater, conditioned upon the faithful performance of the
contract and the provisions of this chapter.
C. Said contract shall further provide that said contractor shall be required
to dispose of all such refuse or garbage and rubbish at a dump approved by the
County Health Department of the County of San Luis Obispo.
D. Such contract may provide therein for the rates for collection to be
charged by the contract agent for the collection and disposal of garbage, wet
garbage, refuse and rubbish.
Ordinance No. 214
Page Seven
•
E. Such contract shall also require that said contractor procure for the
period covered by the contract, full compensation insurance in accordance with
the provisions of the Labor Code of the State of California.
F. Such contract shall also require that said contractor carry public lia-
bility insurance to the extent of at least One Hundred Thousand Dollars ($100,000),
for the death or injury to one (1) person and at least Five Hundred Thousand
Dollars ($500,000) for the death or injury of more than one (1) person, and pro-
perty damage insurance of at least One Hundred Thousand Dollars ($100,000), upon
each of the trucks or vehicles used by the refuse collector in carrying out the
work called for in the contract; such insurance to cover both the City and the
refuse collector. Said insurance amounts shall be reviewed periodically by the
City and amended by resolution as determined by the City Council.
G. The City Council by resolution shall have power to provide for the inclu-.
sion in such contract of such terms as it deems necessary to protect the interests
of the City.
VII. DISPOSAL OF REFUSE
8.16.250 Disposal Area. The City may either provide an official disposal
area for the disposal of refuse collected from within the City, or may designate
an approved disposal area provided by others, and the City may require the refuse
collector to use such official or approved disposal area.
8.16.260 Operation of Disposal Area. The City Council may, in its discretion,
by enactment of an appropriate ordinance, resolution, or by provision in an approp --
riate franchise, provide for a designated disposal area to be operated by a City
department, by a franchised or licensed refuse collector, by another independent
contractor, or by another public agency.
8.16.270 Manner of Operation. The designated disposal area used for the dis-
posal of refuse originating in the City must be operated in compliance with all
applicable statutes, orders, and regulations of the state and the county. In the
event a disposal area inside the city limits is designated for use, the city
council shall prescribe by ordinance specific regulations to insure a sanitary
operation, which will not be detrimental or hazardous to surrounding property.
VIII. BURNING OR BURYING REFUSE AND /OR WASTE MATERIAL
8.16.280 Burning. No waste matter, combustible material or refuse shall be
burned in the open air within the city limits. No waste material or garbage shall
be burned in any fireplace, incinerator or container within a building located
within the city limits. This section shall not apply to agricultural burning pur-
suant to a permit issued by the San Luis Obispo Air Pollution Control Board or the
City Fire Chief, nor shall it apply to the burning of charcoal or wood for camp-
fires or barbeques.
8.16.290 Burying Refuse and /or Waste Material. It is unlawful for any person
to bury refuse and /or waste material on any premises, public or private, within the
City. Nothing in this section shall be interpreted to prohibit the use of compost
Ordinance No. 214
Page Eight
•
or any other decomposed organic material used for agricultural and /or gardening
purposes.
IX. DEPOSIT OF REFUSE AND /OR
WASTE MATERIALS IN PUBLIC PLACES
8.16.300 Prohibited -- Public places designated. It is unlawful for any
person to throw, deposit, or cause to be thrown or deposited, any refuse and /or
waste material in or upon any public street, highway, right -of -way, beach, waters
of Morro Bay and the Pacific Ocean, "watercourse, waterway, levees, banks, revet-
ments, or breakwaters of watercourses or waterways, or upon any public premises
whatsoever within the city, except in an approved disposal area.
8.16.310 Use of City Maintained Containers. City maintained trash containers
are provided to prevent littering of streets and public areas from individual out-
door uses incidental to picnics, camping, and outdoor consumption of food and are
not provided for large quantities of collected trash. It is unlawful to deposit
yard trimmings, household garbage, accumulated household trash, discarded wearing
apparel, or other household property. It is also unlawful to deposit trash gen-
erated by the conduct of a business enterprise.
X. SOLID WASTE COLLECTION QUANTITIES AND SERVICE.
8.16.320 Basic Collection of Refuse. The refuse collector shall provide
weekly collection of one (1) standard container of refuse and /or waste material
for all places or premises in the city provided said containers are placed at the
curbline in conformance with provisions of Section 8.16.160 and 8.16.200. Those
premises within the city that create larger volumes of refuse and /or waste material
shall be provided with more frequent collection service as prescribed in Section
8.16.180 provided those premises establish and maintain collection stations in
accordance with the provisions of Sections 8.16.160 and 8.16.200.
8.16.330 Extra Collection of Refuse. Extra refuse collection in quantities
in excess of the amounts specified in Section 8.16.320 may be contracted for with
the refuse collector in accordance with the schedules of the type of service,
quantities, and rate as set forth in Article XI of this chapter and in conformance
with the provisions of Section 8.16.160 and 8.16.200.
8.16.340 Special Collections. The following substances shall be the subject
of special collections, upon request of the owner or occupant of any premises;
caustics, liquids, loose building materials, sod and earth, sludge, corrosive
substances, oil, residue sewage and industrial wastes, any refuse not in the au-
thorized number of standard containers. Special collections will be made at the
expense of the owner or occupant upon request to the refuse collector. The refuse
collector shall be obligated to quote his rate in writing before performing the
special collection, and to complete the special collection within forty -eight
hours of receipt of the request, excluding Saturdays, Sundays, and holidays (unless
otherwise requested by the owner or occupant). Rates quoted by the refuse collector
Ordinance No. 214
Page Nine
for special collections shall be in accordance with the rates as set forth in
Article XI of this chapter.
8.16.350 Free Collection of Rubbish. The refuse collector, in addition to
providing mandatory collection service, shall provide a free pickup of all rubbish,
exclusive of garbage, from the curbline in front of each premise within the City
in conjunction with the City and Community sponsored "Clean Up Week ". All rubbish
placed in standard containers; boxes, cans, bales, bundles, or as separate items,
none of which shall exceed seventy -five (75) pounds in weight, and five (5) feet
in length, will be picked up free of charge at a time and on the date specified
by public notice. This free collection is to be provided on but not limited to
an annual basis to further encourage the beautification of the City and to help
create a cleaner and better place in which to live.
8.16.360 Rates Established. The City Council shall, by resolution, establish
the rates to be charged for the mandatory collection of refuse and waste material
by a licensed and duly contracted refuse collector. The City Council shall addi-
tionally have the authority to establish rates for other special circumstances as
determined by the City Council such as but not limited to hardship cases where
placing of material at curbline for residential collection is impractical.
8.16.370 Rate Basis. Rates for refuse collection charges shall be based upon
the number and type of containers, quantities collected, frequency and type of
service provided, and whether it is residential or commercial service.
8.16.380 Complaints. Any person receiving mandatory refuse collection
service in the City of Morro Bay who contends that the service that has been
provided has been less than that set forth under the provisions of this chapter,
or that service has been refused, or that the employees of the contracted refuse
collection agency have been discourteous, has the right to file a written or
verbal complaint to the said collection agency. The refuse collection agency shall
receive, investigate and deal with said complaint in a professional manner. If
the person lodging the complaint contends that he or she is unable to receive due
satisfaction, then said person may file a written account of the problem to the
City Administrator of the City of Morro Bay setting forth the facts of alleged
disservice. If it is found that a disservice had been made by the refuse col-
lector, the City Council, after due public hearing, may, at its discretion, take
disciplinary action such as but not limited to the following: assess and award
compensation to the disserviced party, levy fines, or terminate any contract or
franchise issued under the provisions of this chapter. Any person receiving
mandatory residential refuse collection service in the City of Morro Bay who
contends that he or she has been required to pay an unreasonable charge relating
to collection service may contact the authorized City billing agency and said
agency shall investigate to determine the reasonableness of the complaint.
XII. ENFORCEMENT AND PENALTIES.
8.16.390 Administrator Duty. It shall be the duty of the City Administrator
or his authorized agents to enforce the provisions of this chapter. Any permit
or license of any type issued by any department or officer of the City issued in
conflict with the provisions of this chapter is declared null and void.
Ordinance No. 214
Page Ten
8.16.400 Franchise Board. A franchise board comprised of at least five (5)
city residents who are registered voters within the City may be appointed by and
to serve at the pleasure of the City Council to conduct certain business relating
to mandatory refuse collection such as but not limited to hearing complaints,
conducting studies and making recommendations to the City Council.
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, and upon conviction thereof shall be
punishable by a fine of not more than five hundred dollars or by imprisonment in
the county jail for not more than six months, or by both such fine and imprisonment.
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.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a
regular meeting thereof held this 12th day of October, 1981, by the following roll
call vote:
AYES: Anderson, Deutsch, Dorn, Lemons, Ward
NOES: None
ABSENT: None
ATTEST:
L
P UL BAXTER, ity Clerk.
WARREN M. DORN, Mayor
t
4
ORDINANCF NO. 213
AN ORDINANCE AMENDING SECTION 13.04.310 AND SECTION 13.04.200 -E
OF THE MORRO BAY MUNICIPAL CODE
THE CITY COUNCIL
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as follows:
SECTION 1. Section 13.04.310 of the Morro Bay Municipal Code is
amended to read as follows:
13.04.310 Restoration- reconnection charges. The Water Department
shall charge for restoring water service discontinued for noncompliance
with these regulations. The City Council shall, by resolution, establish
the amount of the charge.
SECTION 2. Section 13.04.200 -E of the Morro Bay Municipal Code is
amended to read as follows:
13.04.200 Payment of bills.
E. A penalty will be imposed on each delinquent billing. The City
Council shall, by resolution, establish the amount of the penalty.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at
a regular meeting thereof held this 14th day of September
1981 by the following roll call vote:
AYES: Anderson, Deutsch, Dorn, Lemons, Ward
NOES: None
ABSENT: None
ATTEST:
. ✓� a/ &fl
ONITA KAY MURRA , %eputy _'ty Terk
APPROVED AS TO FORM:
MIC
T. LeSAGE, City Atto
EMONS, Mayor Pro-Tem
•
ORDINANCE NO. y12
AN ORDINANCE AMENDING ORDINANCE 100
AND CHAPTER 17.48 OF THE MORRO BAY
MUNICIPAL CODE
CASE NO. ZOA 02 -81
THE CITY COUNCIL
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as follows:
SECTION 1. That Ordinance 100 and Chapter 17.48 of the Morro Bay Municipal
Code be amended to add Section 17.48.290 to read as described in Exhibit A,
attached hereto.
SECTION 2. That the Council does hereby approve of the Environmental
Coordinator's determination to file a Negative Declaration purusant to the
California Environmental Quality Act, in connection with this Zoning Ordinance
Text amendment, Case No. ZOA 02 -81.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a
meeting of said City Council held this 24th day of August
1981, by the following roll call vote:
AYES: Deutsch, Lemons, Ward
NOES: None
ABSENT: Anderson, Dorn
ATTEST:
APPROVED AS TO FORM
Michael T. LeSage
City Attorney
4,o
• •
Ordinance No. Page Two
EXHIBIT" "A"
17.48.290 Electronic Amusement and Pinball Machines and Arcades. Coin
operated amusement machines or devices (excluding juke boxes, vending machines
and pool tables) shall only be allowed within the Commercial (including
Planned Development - Commercial) Zones of the City when clearly operated an an
incidental or accessory use to the principally permitted use of the property;
and, in accordance with the following criteria:
A. Amusement machines shall be expressly reviewed and listed as an
accessory activity in any zone which requires a Use Permit to be
obtained for the principal business enterprise.
B. Amusement machines or devices shall not be operated as the sole or
principal business activity.
C. No more than three (3) amusement machines or devices shall be
permitted in conjunction with the operation of an approved legally
conforming business enterprise.
D. No more than ten (10) percent of the gross enclsoed floor area of
a business shall be devoted to amusement machines; and amusement
machines shall not be permitted out of an enclosed structure.
E. No award of prizes consisting of either monetary compensation or
merchandise shall be made for the play of machines. Gambling shall
be strictly prohibited in connection with the use of machines as
provided by State law. Machines used for such purposes shall be
declared a public nuisance and abated under the laws and ordinances
of the City.
1
ORDINANCE NO. 211
AN ORDINANCE ADDING CHAPTER 10.52
TO THE MORRO BAY MUNICIPAL CODE
THE CITY COUNCIL
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as follows:
SECTION 1: That Chapter 10.52 shall be added to the Municipal Code
of the City of Morro Bay to read as follows:
CHAPTER 10.52
BICYCLES
Sections:
10.52.010 Definitions.
10.52.020 Operation of bicycles.
10.52.010 Definitions.
(a) A bicycle is a device upon which any person may ride, propelled
exclusively by human power through a belt, chain or gears, and having two
or more wheels. The provisions of this code are applicable to motorized
bicycles.
(b) A "motorized bicycle" is any two - wheeled or three - wheeled device
having fully operative pedals for propulsion by human power, or having no
pedals if powered solely by electrical energy, and an automatic transmission
and a motor which produces less than two gross brake horsepower and is
capable of propelling the device at a maximum speed of not more than 30
miles per hour on level ground.
10.52.020 Operation of bicycles.
(a) Equipment requirements. No person shalloperate a bicycle on a
roadway unless it is equipped with a brake which will enable the operator
to make one braked wheel skid on dry, level, clean pavement.
No person shall operate on the highway any bicycle equipped with handlebars
so raised that the operator must elevate his hands above the level of his
shoulders in order to grasp the normal steering grip area.
No person shall operate upon any highway a bicycle which is of such a size
as to prevent the operator from safely stopping the bicycle, supporting it
in an upright position with at least one foot on the ground, and restarting
it in a safe manner.
0 •
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Every bicycle operated upon any street during darkness shall be equipped
(1) with a lamp emitting a white light which, while the bicycle is in
motion, illuminates the street in front of the bicyclist and is visible
from a distance of 300 feet in front and from the sides of the bicycle;
(2) with a red reflector on the rear which shall be visible from a distance
of 500 feet to the rear when directly in front of lawful upper beams of
headlamps on a motor vehicle; (3) with a white or yellow reflector on
each pedal visible from the front and rear of the bicycle from a distance
of 200 feet; and (4) with a white or yellow reflector on each side forward
of the center of the bicycle, and with a white or red reflector on each
side to the rear of the center of the bicycle, except that bicycles which
are equipped with reflectorized tires on the front and the rear need not
be equipped with these side reflectors.
A lamp or lamp combination, emitting a white light, attached to the operator
and visible from a distance of 300 feet in front and from the sides of the
bicycle, may be used in lieu of the lamp required by section (1) above.
(b) Bicycle not equipped of unsafe. It is unlawful to operate any
bicycle which is in an unsafe condition, which is not equipped as required
by this code, or which is not safely loaded.
(c) Bicycle /license to operate. No person shall operate or use a
bicycle propelled wholly or in part by muscular power upon any of the
streets, alleys or public highways in the City, without first obtaining
a City license therefor.
The license when issued shall entitle the licensee thereof, or any other
person with the permission of the licensee to operate such bicycle for
which the license has been issued, upon all the streets, alleys, and public
highways, exclusive of the •sidewalks thereof, in the City.
The license shall be attached to the bicycle for which it is issued, and
shall remain attached during the period for which the license is valid.
The City shall keep a record of the date of issue of each license, to
whom issued, and the number thereof.
(d) Destroying number. No person shall wilfully or maliciously
remove, destroy, mutilate or alter the number of any bicycle frame licensed
pursuant to this ordinance.
(e) Destroying license plate, seal, etc. No person shall remove,
destroy, mutilate or alter any license plate, seal or registration card
during the time in which such license plate, seal or registration card
is operative; provided, however, that nothing in this part shall prohibit
the Police Department from stamping numbers on the frames of bicycles on
which no serial number can be found, or on which number is illegible or
insufficient for identification purposes.
(f) Clinging to moving vehicles prohibited. No. person traveling
upon any bicycle, motorcycle or any toy vehicle shall cling to or attach
himself or his vehicle to any other moving vehicle upon any roadway.
•
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(g) Bicycle riding restricted. No person shall ride a bicycle
upon any sidewalk. The rider of a bicycle upon any roadway shall ride
as nearly as practicable within five feet of the righthand curb or edge
of the roadway, except when passing a standing or other vehicle or making
a left -hand turn at an intersection.
(h) Riding on handle bars prohibited. No operator of any bicycle
or motorcycle when upon a street shall carry any other person upon the
bar, handle, or tank of any such vehicle nor shall any person so ride on
any such bicycle or motorcycle.
(i) Unlawful to drive through funeral procession. No operator of
any bicycle shall drive between the vehicles comprising a funeral procession.
(j) Operation on roadway. Any person operating a bicycle upon a
roadway at a speed less than normal speed of traffic moving in the same
direction at such time shall ride as close as practicable to the right -hand
curb or edge of the roadway except under any of the following situations:
(1) When overtaking and passing another bicycle or vehicle
proceeding in the same direction.
(2) When preparing for a left turn at an intersection or into
a private road or driveway.
(3) When reasonably necessary to avoid conditions (including,
but not limited to, fixed or moving objects, vehicles, bicycles, pedestrians,
animals, surface hazards, or substandard width lanes) that make it unsafe
to continue along the right -hand curb or edge. For purposes of this
section, a "substandard width lane" is a lane that is too narrow for a
bicycle and a vehicle to travel safely side by side within the lane.
(4) Any person operating a bicycle upon a roadway of this
City, which roadway carries traffic in one direction only and has two or
more marked traffic lanes, may ride as near the left -hand curb or edge
of such roadway as practicable.
(k) Carrying articles. No person'operating a bicycle shall carry
any package, bundle or article• which prevents the operator from keeping
at least one hand upon the handlebars.
(1) Permitted movements from bicycle lanes. Whenever a bicycle lane
has been established on a roadway any person operating a bicycle upon the
roadway at a speed less than the normal speed of traffic moving in the same
direction shall ride within the bicycle lane, except that such person may
move out of the lane under any of the following situations:
(1) When overtaking and passing another bicycle, vehicle, or
pedestrian within the lane or about to enter the lane if such overtaking
and passing cannot be done safely within the lane.
•
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(2) When preparing for a left turn at an intersection or into
a private road or driveway.
(3) When reasonably necessary to leave the bicycle lane to
avoid debris or other hazardous conditions.
No person operating a bicycle shall leave a bicycle lane until the movement
can be made with reasonable safety and then only after giving an appropriate
signal.
(m) Turning movements and required signals. No person shall turn a
bicycle from a direct course or move right or left upon a roadway until
such movement can be made with reasonable safety and then only after the
giving of an appropriate signal in the event any vehicle may be affected
by the movement.
(n) Duration of signal. Any signal of intention to turn right or
left shall be given continuously during the last 100 feet traveled by the
bicycle before turning.
(o) Signal when stopping. No person shall stop or suddenly decrease
the speed of a bicycle on a roadway without first giving an appropriate
signal to the driver of any vehicle immediately to the rear when there is
opportunity to give the signal.
(p) Method of signaling. The signals required by this ordinance
shall be given either by means of the hand and arm or by a signal lamp.
(q) Stop requirements. The driver of any bicycle approaching a
stop sign at the entrance to, or within, an intersection, shall stop at
a limit line, if marked, otherwise before entering the crosswalk on the
near side of the intersection.
If there is no limit line or crosswalk, the driver shall stop at the entrance
to the intersection roadway.
(r) Speed. No person shall ride a bicycle upon a roadway at a speed
greater than is reasonable or prudent having due regard for weather,
visibility, the traffic on, and the surface and width of, the highway, and
in no event at a speed which endangers the safety of persons or property.
(s) Obedience to traffic control signals. The rider of any bicycle
shall obey the instructions of any official traffic signal applicable to
him and placed as provided by law, unless otherwise directed by a police
or traffic officer or when it is necessary for the purpose of avoiding a
collision or in case of other emergency.
(t)
No
then safety
of persons or property.
(u) Intoxicated operation. It
under the influence of intoxicating 1
of intoxicating liquor and any drug,
is unlawful for any person who is
iquor or under the combined influence
to ride a bicycle upon any roadway.
-5-
It is unlawful for any person who is under the influence of intoxicating
liquor, or under the combined influence of intoxicating liquor and any
drug, to ride a bicycle upon other than a roadway.
(v) Bicycle parking. No person shall leave a bicycle lying on its
side on any sidewalk, or 'shall park a bicycle on a sidewalk in any other
position, so that there is not an adequate path for pedestrian traffic.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at
a regular meeting held thereof on this 24th day of August
1981, by the following roll call vote:
AYES: Deutsch, Lemons, Ward
NOES: None
ABSENT: Anderson, Dorn
ATTEST:
BONITA
Y MURRAY
Deput ity erk
N EMONS_.,_Mayor_pr,'o -Tem
i
•
ORDINANCE NO. 210
AN ORDINANCE ADDING CHAPTER 9.28
TO THE MORRO BAY MUNICIPAL CODE
THE CITY COUNCIL
City of Morro Bay, California
4
The City Council of the City of Morro Bay does ordain as follows:
SECTION 1: That Chapter 9.28 shall be added to the Municipal Code
of the City of Morro Bay to read as follows:
CHAPTER 9.28
PROHIBITED CONDUCT
Sections:
9.28.010 Necessity for anti -noise regulations.
9.28.020 Prohibited conduct.
9.28.030 Description of representative offensive conduct.
9.28.040 Necessity for security guards at live music dances.
9.28.050 Live music dances, security guard to be present.
9.28.010 Necessity for anti -noise regulations.
(a) The making and creation of loud, unnecessary or unusual noises
within the limits of the City is a condition which has existed for some
time and the extent and volume of such noises is increasing.
(b) The making, creation or maintenance of such loud, unnecessary,
unnatural or unusual noises which are prolonged, unusual and unnatural in
their time, place and use affect and are a detriment to public health,
comfort, convenience, safety, welfare and prosperity of the residents
of the City; and
(c) The necessity in the public interest for the provisions and
prohibition'shereinafter contained and enacted, is declared as a matter
of legislative determination and public policy, and it is further declared
that the provisions and prohibitions hereinafter contained and enacted are
in pursuance of and for the purpose of securing and promoting the public
health, comfort, convenience, safety, welfare and prosperity and the peace
and quiet of the City and its inhabitants.
9:28.020" Prohibited Conduct. It shall be unlawful for any person
to make, continue, or cause to be made or 'continued any loud, unnecessary
or unusual noise which either annoys, disturbs, injures or endangers the
comfort, repose, health, peace or safety of any reasonable person of
•
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normal sensitiveness residing in the neighborhood. The standards which
shall be considered in determining whether a violation of the provisions
of this section exists shall include, but not be limited to, the following:
(a) The audible volume of the noise;
(b) The intensity of the noise;
(c) Whether the nature of the noise is usual or unusual;
(d) Whether the origin of the noise is natural or unnatural;
(e) The volume and intensity of the background noise, if any;
(f) The proximity of the noise to residential sleeping facilities;
(g) The nature and zoning of the area within which the noise
emanates;
(h) The density of the inhabitation of the area within which the
noise emanates;
(i) The time of the day or night the noise occurs;
(j) The duration of the noise;
(k) Whether the noise is recurrent, intermittent, or constant; and
(1) Whether the noise is produced by a commercial or noncommercial
activity.
9.28.030 Description of representative offensive conduct. The
following acts, among others, are declared to be loud, disturbing and
unnecessary noises in violation of this section, but said enumeration
shall not be deemed to be exclusive namely:
(a) Horns, signaling devices, etc. The sounding of any horn or
signaling device on any automobile, motorcycle, or other vehicle on any
street or pubLT place of the City, except as a danger warning; the
creation by means of any such signaling device of any unreasonably loud
or harsh sound; and the sounding of any such device for an unnecessary
and unreasonable period of .time. The use of any signaling device except
one operated by hand or electricity; the use of any horn, whistle or
other device operated by engine exhaust; and the use of any such signaling
device when traffic is for any reason held up.
(b) Radios, phonographs, etc. The using, operating, or permitting
to be played, used or operated any radio receiving set, television set,
musical instrument, phonograph or other machine or device for the
producing or reproducing of sound in such a manner as to disturb the
peace, quiet and comfort of the neighboring inhabitants or at any time
with louder volume than is necessary for convenient hearing for the
person or persons who are in the room, vehicle or chamber in which such
machine or device is operating and who are voluntary listeners thereto.
• •
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The operation of any such set, instrument, phonograph, machine or
device between the hours of 7:00 PM and 7:00 AM in a residential
district or between 2:00 AM and 7:00 AM in a business or commercial
district in such a manner as to be plaining audible at a distance of
fifty (50) feet from the building, structure or vehicle in which it
is located shall be prima facie evidence of a violation of this section.
(c) Live music. Amplified music, being performed by any live
band of two or more persons-. or by any solo performer between the hours
of 7:00 PM and 7:00 AM in a residential district or between 2:00 AM
and 7:00 AM in a business or commercial district, in such a manner
as to be plainly audible at a distance of fifty (50) feet from the
building or structure in which it is located shall be prima facie
evidence of a violation of this section.
(d) Loud speakers, amplifiers for advertising. The using, operating
or permitting to be played, used or operated of any radio receiving set,
musical instrument, phonograph, loudspeaker, sound amplifier, or other
machine or device for the producing or reproducing of sound which is cast
upon the public streets for the purpose of commercial advertising or
attracting the attention of the public to any building or structure
for commercial purposes.
(e) Yelling, shouting, etc. Yelling, shouting, hooting, whistling
or singing on the public streets between the hours of 2:00 AM and 7:00 AM
in a business or commercial district or at any place in a residential
district between the hours of 7:00 PM and 7:00 AM for an unnecessary,
unreasonable period of time so as to annoy or disturb the quiet, comfort
or repose of persons in any dwelling,. hotel or other type of residence
or of any persons in the vicinity.
(f) Steam whistles. The blowing of any locomotive steam whistle or
steam whistle attached to any stationary boiler except to give notice of
the time to begin or stop work or as a warning of fire or danger, or upon
request of proper City authorities.
(g) Exhausts. The discharge into the open air of the exhaust of
any steam engine, stationary internal combustion engine, motor boat, or
motor vehicle except through a muffler or other device which will
effectively prevent loud or explosive noises therefrom.
(h) Loading, unloading, opening boxes. The creation of a loud
and excessive noise in connection with loading or unloading any vehicle
or the opening and destruction of bales, boxes, crates and containers.
(i) Construction or repairing of buildings. The erection (including
excavating), demolition, alteration or repair of any building or general
land grading and contour activity using equipment in such a manner as to
be plainly audible at a distance of fifty (50) feet from the building other
than between the hours of 7:00 AM; and '7 :00 PM, except in case of urgent
necessity in the interest of public health and safety, and then only with
a permit from the Community Development Department, which permit may be
granted for a period not to exceed three (3) days or less while the
emergency continues and which permit may be renewed for periods of three
days or less while the emergency continues. If the
•
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Building Inspector should determine that the public health and safety
will not be impaired by the erection, demolition, alteration or repair
of any building or the excavation of streets and highways within the hours
of 7:00 PM and 7:00 AM, and if he shall further determine that loss or
inconveninece would result to any party in interest, he may grant
permission for such work to be done within the hours of 7:00 PM and 7:00 AM
upon application being made at the time the permit for the work is awarded
or during the progress of the work.
(j) Schools, courts, churches, hospitals. The creation of any
excessive noise other than that resulting from construction or excavation
work on any street adjacent to any school, institution of learning, church
or court while the same are in use, or adjacent to any hospital, which
unreasonably interferes with the workings of such institution, or which
disturbs or unduly annoys patients in the hospital, provided conspicuous
signs are displayed in such streets indicating that the same is a school,
hospital or court street.
(k) Pile drivers, hammers, etc. The operation between the hours of
7:00 PM and 7:00 AM of any pile driver, steam shovel, pneumatic hammer,
derrick, steam or electric hoist or other applicance, the use of which is
attended by loud or unusual noise except in case of urgent necessity in
the interest of public health and safety, and then only with a permit from
the Building Inspector or the Director of Public Services authorizing such
devices to be operated during the otherwise prohibited hours while the
emergency continues.
(1) Blowers and motor driven cycles. The operating of any noise -
creating blower or power fan or any cycle powered by an internal
combustion engine, the operation of which causes noise due to the explosion
of operating gases or fluids, unless the noise from such blower or fan is
properly muffled and such engine is equipped with a muffler device
sufficient to reduce such noise to a level which will not disturb the
surrounding neighborhood. The noise limits set forth in Section 23130
of the California Vehicle Code shall be deemed to be the applicable standard
for noise emissions, provided, however, the basis for measuring such
limits for devices operated on private property shall be a distance of
fifty (50) feet from the property line of the parcel of real property on
which the device is located or where the neighboring property is lawfully
devoted to residential use, within any point on such neighboring property
which complies with the required yard setbacks as established in the
zoning regulations for the applicable district.
9.28.040 Necessity for security guards at live music dances.
(a) As assaults, batteries, assaults with weapons and miscellaneous
lesser offenses frequently tend to occur at those establishments serving
alcohol, live music and dancing; .
(b) That the frequency and degree of such violence is on the
increase;
-5-
(c) The necessity in the public interest for the provisions and
prohibitions hereinafter contained and enacted, is declared as a matter
of legislative determination and public policy, and it is further
declared that the provisions and prohibitions hereinafter contained
and enacted are in pursuance of and for the purpose of securing and
promoting the public health, comfort, convenience, safety, welfare, and
prosperity and the peace of the City and its inhabitants.
9.28.050 Live music dances, security guard to be present. Any public
building rented, leased or otherwise retained for the purpose of providing
live music entertainment by two or more musicians, whether a private or
public function, for the purpose of dancing shall provide a uniformed
security officer or guard certified by the State of California and
licensed with the City of Morro Bay to be posted in a conspicuous place
within such businesses and buildings.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at
a regular meeting thereof held this 24th day of August , 1981
by the following roll call vote:
AYES:
NOES:
ABSENT:
Deutsch, Lemons, Ward
None
Anderson, Dorn
ATTEST:
�0 ,
iaL /�l�e'✓
BONITA KA '' Y, Depu Cit C er
N.LEMONS, Mayor Pro'-Tem
•
ORDINANCE NO. 209
AN ORDINANCE AMENDING SECTION 5103.2 OF ORDINANCE 65
PURSUANT TO THE PROVISIONS OF CHAPTER 17.64 OF THE
MORRO BAY MUNICIPAL CODE, CASE N0: CZ 01 -81
THE CITY COUNCIL
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as follows:
SECTION 1. That Section 5103.2 of Ordinance 65 (Zoning Map of the City
of Morro Bay) is hereby amended pursuant to the provisions and procedures
of Chapter 17.64 of the Morro Bay Municipal Code, to change the zoning
designation of properties described in Exhibit A, attached hereto, by adding
thereto the Special Treatment Combining Suffix "M ".
SECTION 2. That the Council does hereby approve of the Environmental
Coordinator's determination to file a Negative Declaration pursuant to the
California Environmental Quality Act, in connection with this Change of Zone,
Case No. CZ 01 -81.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a
meeting of said City Council held this 10th day of August
1981, by the following roll call vote:
AYES: Anderson, Deutsch, Dorn, Lemons, Ward
NOES: None
ABSENT: None
ATTEST:
:ONIT' KAY MURRA , DEPUTY —CI CLERK
APPROVED AS TO FORM
Mich.- T. LeSage
City Attorney
1(;,
WARREN M. DORN, Mayor
•
ORDINANCE NO. 208
AN ORDINANCE AMENDING SECTION 11 OF ORDINANCE 100
AND SECTION 17.40.030 OF THE MORRO BAY MUNICIPAL CODE
'CASE'N0.'ZOA'03 -81
THE CITY COUNCIL
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as follows:
SECTION 1. That Section 11 of Ordinance 100 and Section 17.40.030 of the
Morro Bay Municipal Code be amended to add Subparagraph "E" to read as described
in Exhibit A, attached hereto.
SECTION 2. That the Council does hereby approve of the Environmental
Coordinator's determination to file a Negative Declaration pursuant to the
California Environmental Quality Act, in connection with this Zoning Ordinance
Text amendment, Case No. ZOA 03 -81.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a
meeting of said City Council held this 10th day of August
1981, by the following roll call vote:
AYES: Anderson, Deutsch, Dorn, Lemons, Ward
NOES: None
ABSENT: None
ATTEST:
BONI A KAY M ''RAY, Y TY CLERK
APPROVED AS TO FORM
Mich .• T. LeSage
City Attorney
C � Z
GIARREN M. DORN, Mayor
'f
ORDINANCE NO. 208
ZOA 03 -81
EXHIBIT "A"
Page Two
Municipal Code, Section 17.40.030, subparagraph "E" is added to read:
17.40.030.E Mobilehome and Conventional Home Placement and Related Standards.
- "M ". Suffix District. Where designated as a suffix to the principal single•
family zone use and standards, or where assigned to a Special Treatment Combining
District, the placement of Mobilehomes and conventional homes on permanent
foundations (pursuant to Section 65852.3 of the State Government Code) shall
be permitted as the main dwelling structure in addition to conventional site -
built and factory built housing, under the following conditions and standards:
1. The Mobilehome shall be certified under the National Mobilehome
Construction and Safety Standards Act of 1974 (42 U.S.C. Section
5401, et. seq.).
2. All other City zoning requirements shall be complied with.
3. City installation /construction requirements as administered by
the Community Development Department - Building Division, shall
be complied with.
4. The Building Official shall certify that all main dwelling structures
meet the following architectural standards:
a) Eve overhangs of at lease eighteen (18) inches.
b) Minimum three (3) inch roof pitch.
c) Exterior wall materials of wood, stone, masonary, stucco, or other
similar material (excluding metal or plastic products).
d) Roof materials of wood, asphalt, rock, clay, concrete or other
similar material (excluding metal where used for the main dwelling;
exclusion does not apply to patio covers or similar roof surfaces).
alp
ORDINANCE NO. 207
AN ORDINANCE TO RESTRICT FURTHER DEVELOPMENTS
AND USES BETWEEN BEACH STREET AND TARGET ROCK
TO THOSE PRIMARILY SERVING LICENSED COMMERCIAL
FISHING OR RECREATIONAL FISHING
The people of the City of Morro Bay do ordain an ordinance relating to the
restriction of further developments and uses between Beach Street and Target
Rock to those primarily serving licensed commercial fishing or recreational
fishing as follows:
Municipal Code Section 17.36.020C. The City shall not grant any permit,
authorization or other approval of any state owned tidelands subject to city
lease between Beach Street and Target Rock, unless such development or use is
primarily for the purpose of serving or facilitating licensed commercial fishing
activities or noncommercial recreational fishing activities, or is clearly
incidental thereto. For purposes of illustration only, and not by way of
limitation, no approval shall be granted for any new passenger for hire boats
or supporting facilities, or for any new restaurant, cafe, gift shop or other
retail establishments serving the general public, and any existing such uses
shall hereafter be considered nonconforming and shall not be expanded or
enlarged.
I, BONITA KAY MURRAY, Deputy 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
special municipal election held in the City of Morro Bay on the 2nd
day of June, 1981.
DATED: June 8, 1981
BONITA KAY MURR
C erk
4 4
ORDINANCE NO. 206
AN ORDINANCE TO AMEND SECTION 2.44.010 OF THE
MORRO BAY MUNICIPAL CODE, AUTHORIZING AN AMENDMENT
TO THE CONTRACT BETWEEN THE CITY OF MORRO BAY AND THE
BOARD OF ADMINISTRATION OF THE CALIFORNIA
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
THE CITY COUNCIL
City of Morro Bay, California
The City Council of the City of Morro Bay does hereby ordain as follows:
SECTION 1. That Section 2.44.010 is amended by authorizing an amendment
to the contract between the City Council of the City of Morro Bay and the Board
of Administration, California Public Employees' Retirement System, a copy of
said amendment being attached hereto, marked "Exhibit A ", and by such reference
made a part hereof as though herein set out in full.
SECTION 2. The Mayor of the Morro Bay City Council is hereby authorized,
empowered and directed to execute said amendment for and on behalf of said'Agency.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting held thereof on the 13th day of July , 1981, by the
following roll call vote:
AYES: Anderson, Deutsch, Dorn, Lemons, Ward
NOES: None
ABSENT: None
ATTEST:
i>I
BONITA KAY MURRAY
APPROVED AS TO FORM:
eputy
ty Clerk
MICH L T. LeSAGE, Citorney
D ATE
/ry
ORDINANCE NO. 205
AN ORDINANCE TO AMEND SECTION 2.32.060
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 does ordain as follows:
SECTION 1. That Section 2.32.060 is amended by adding a section, to be
numbered 2.32.060(F), which said section shall read as follows:
2.32.060 Appointments.
F. Criminal Conduct - Ineligibility for Employment. A criminal background
check shall be authorized as a part of the competitive service examination process.
Except as otherwise hereinafter provided, no person convicted of a felony,
including pleas of guilty and nolo contendre, or a misdemeanor involving moral
turpitude shall be eligible for employment in the excepted or competitive services
of the City; provided, however, that the appointing authority may disregard such
conviction if he finds and determines that mitigating circumstances exist, such
as but not limited to:
(1) The employment classification to which the person is applying or being
certified, including its sensitivity;
(2) The nature and seriousness of the conduct;
(3) The circumstances surrounding the conduct;
(4) Length of time elapsed since such conviction;
(5) The age of the individual at the time of conduct;
(6) Contributing social and /or environmental conditions; and
(7) The presence or absence of rehabilitation or efforts at rehabilitation.
The City Administrator, Chief of Police, City Attorney, and each appointing
authority of the City, are hereby authorized to have access to the "State Summary
Criminal History Information" as provided for in Section 11105 of the Penal Code
of the State of California.
PASSED AND ADOPTED by the City Council of the City of Morro Bay, California at
a regular meeting thereof held this 8th day of June , 1981, by the
following roll call vote:
AYES: Anderson, Deutsch, Dorn, Lemons, Ward
NOES: None
ABSENT: None
ATTEST:
BONITA KAY MU
Y, Dep
y Clerk
JOHP(ZEMONS Mayor_Pro -Tem