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HomeMy WebLinkAboutOrdinances 65 - 118CITY OF MORRO BAY ORDINANCES w ORD. NO. TITLE ADOPTED 111 AN ORDINANCE CREATING CHAPTER IV OF TITLE III, REGULATING THE CONSTRUCTION, REPAIR, MODIFICATION AND DESTRUCTION OF WATER WELLS WITHIN THE INCORPORATED AREA OF THE CITY OF MORRO BAY 112 AN ORDINANCE DELETING SECTIONS 11200, 11202, 11204, 11207 and 11208 AND ADDING NEW SECTIONS 11200, 11200.1, 11200.2, 11020, 11205, 11207, AND 11208 OF CHAPTER II OF TITLE XI OF THE MORRO BAY MUNICIPAL CODE 113 VOID 114 AN ORDINANCE REPEALING AND /OR AMENDING VARIOUS CITY OF MORRO BAY ORDINANCES AND /OR PORTIONS OF THE MORRO BAY MUNICIPAL CODE IN CONFLICT WITH CURRENT LAWS 115 AN ORDINANCE GRANTING A RIGHT OF ENTRY TO AUTHORIZED CITY OFFICIALS FOR THE INSPECTION OF BUILDINGS AND PREMISES FOR THE ENFORCEMENT OF THE PROVISIONS OF THE MORRO BAY, CALIFORNIA ORDINANCES 116 AN ORDINANCE CREATING CHAPTER VIII OF TITLE VIII OF THE MORRO BAY MUNICIPAL CODE MODIFYING THE STATE SPEED LIMIT ON CERTAIN STREETS OR PORTIONS THEREOF 117 AN ORDINANCE TO AMEND ORDINANCE NO. 1 ENTITLED THE UNIFORM LOCAL SALES AND USE TAX ORDINANCE 118 AN ORDINANCE AMENDING CHAPTER IV OF TITLE III OF THE MORRO BAY MUNICIPAL CODE 6 -11 -73 6 -11 -73 9 -11 -73 9 -11 -73 9-24-73 9 -24 -73 10 -29 -73 1 CITY OF MORRO BAY ORDINANCES 1 ORD. NO. TITLE ADOPTED 100 AN ORDINANCE AMENDING SECTIONS 5102, 5102, 5103.1, 5104.2.5, 5104.2.6, 5104.2.7, 5104.2.8, 5104.2.9, 5104.2.10, 5104.2.11, 5104.2.12, 5104.4.2, 5105.3, 5106.3.a, 5106.6, 5106.11, 5106.13, 5106.16, 5108.1, AND DELETING SECTION 5110.5 OF CHAPTER I TO TITLE V OF THE MORRO BAY MUNICIPAL CODE 12 -27 -71 101 AN ORDINANCE AMENDING SECTION 11101.15 of CHAPTER I OF TITLE XI OF THE MORRO BAY MUNICIPAL CODE BY ADDING SUB- PARAGRAPH (3) TO PARAGRAPH (c), SECTION 11101.15 2 -14 -72 102 AN ORDINANCE REPEALING CHAPTER II OF TITLE XI OF THE MORRO BAY MUNICIPAL CODE, ORDINANCES 26, 81, AND 99, AND CREATING A NEW CHAPTER II OF TITLE XI OF THE MORRO BAY MUNICIPAL CODE ENTITLED "ABATEMENT OF WEEDS AND OTHER NUISANCES HAZARDOUS TO THE PUBLIC HEALTH, WELFARE AND SAFETY" 2 -28 -72 103 AN ORDINANCE PROHIBITING ALL PRIVATE OR PUBLIC CONSTRUCTION IN THE AREA EASTERLY OF MORRO ROCK, NORTHERLY OF MORRO BAY, WESTERLY OF P. G. & E., AND SOUTHERLY OF MORRO CREEK, WITHOUT MAJORITY VOTE OF ELECTORS 4 -21 -72 104 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF MORRO BAY AS APPLIED TO CERTAIN LOTS FRONTING ON MAIN STREET BETWEEN HIGHWAY 41 AND LOGAN STREET 5 -22 -72 105 AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE FISCAL YEAR 1972 -73 6 -26 -72 106 AN ORDINANCE DELETING THE LAST SENTENCE OF THE THIRD PARAGRAPH OF SECTION 9100, DELETING SECTION 9123 ENTITLED RATES FOR SERVICE AND ADDING A NEW SECTION 9123 ENTITLED "RATES FOR SERVICE, DEPOSITS" 107 AN ORDINANCE AMENDING PORTIONS OF SECTIONS 5104.3.3, 5104.3.4 AND 5106.20 OF THE MORRO BAY MUNICIPAL CODE ( ZONING REGULATIONS) 108 AN ORDINANCE AMENDING SECTIONS 5302.11, 5303.4, 5310.5, 5313.4, 5320.1, DELETING SECTION 5319.1, ADDING NEW SECTIONS 5319.1 AND 5319.2 (SIGN REGULATIONS) 109 AN ORDINANCE AMENDING SECTIONS 6100, 6219 AND 6220 OF ORDINANCE NO. 94, CHAPTER II OF TITLE VI OF THE MORRO BAY MUNICIPAL CODE ENTITLED "BUSINESS LICENSES" 110 8 -2 -72 9 -11 -72 9 -11 -72 4 -23 -73 AN ORDINANCE REPEALING SECTION NO. 6209 OF CHAPTER II OF TITLE VI OF THE MORRO BAY MUNICIPAL CODE AND CREATING A NEW SECTION NO. 6209 OF CHAPTER II OF TITLE VI OF THE MORRO BAY MUNICIPAL CODE 4 -23 -73 CITY OF MORRO BAY ORDINANCES ORD. NO. TITLE ADOPTED 83 AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE FISCAL YEAR 1970 -71 84 85 86 87 ANIMAL REGULATIONS BIRD SANCTUARY POLICE RESERVE 6 -9 -70 6 -23 -70 7 -14 -70 9 -8 -70 MOTOR VEHICLES ON PUBLIC PROPERTY (EFF.5 -21 -71 11 -18 -70 88 _ _ _ _ _ 1 PAYABLEuKQccCPc( 6`1 11 -10 -70 �1d.8q O 89 BUSINESS LICENSES 90 AN ORDINANCE AMENDING THE ZOING MAP OF THE CITY OF MORRO BAY (LOTS 8, 9, 10, 11, 12, AND 21, BLOCK 2 -D, ATASCADERO BEACH) 5 -11 -71 6 -22 -71 91 AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE FISCAL YEAR 1971 -72 6 -22 -71 92 AN ORDINANCE AMENDING SECTION 11102.9 OF CHAPTER I OF TITLE XI OF THE MORRO BAY MUNICIPAL CODE 6 -22 -71 93 AN ORDINANCE AMENDING SECTION 2403 OF CHAPTER 4 OF TITLE II OF THE MORRO BAY MUNICIPAL CODE 8 -24 -71 94 AN ORDINANCE AMENDING CHAPTERS I AND II OF TITLE VI OF THE MORRO BAY MUNICIPAL CODE ENTITLED "BUSINESS LICENSES" AND CREATING SECTIONS 6217, 6218, 6219 AND 6220 OF CHAPTER II OF TITLE VI OF THE MORRO BAY MUNICIPAL CODE ENTITLED "BUSINESS LICENSES" 95 AN ORDINANCE CREATING CHAPTER III OF TITLE III OF THE MORRO BAY MUNICIPAL CODE ESTABLISHING PROVISIONS FOR THE INSPECTION AND REGULATION OF CROSS- CONNECTIONS TO PUBLIC WATER SUPPLIES 10 -11 -71 10 -26 -71 96 AN ORDINANCE OF THE CITY OF MORRO BAY CREATING CHAPTER IX OF TITLE XI OF THE MORRO BAY MUNICIPAL CODE ENTITLED "REGULATIONS TO PRESERVE THE PEACE AND ORDER" 10 -26 -71 97 AN ORDINANCE DELETING ARTICLE 8, CREATING A NEW ARTICLE 8 AND ADDING A NEW SECTION 3209.2 TO CHAPTER II OF TITLE III OF THE MORRO BAY MUNICIPAL CODE 10 -26 -71 98 AN ORDINANCE AMENDING SECTIONS 11701 AND 11702 OF CHAPTER VII TO TITLE XI OF THE MORRO BAY MUNICIPAL CODE 10 -26 -71 99 AN ORDINANCE AMENDING SECTIONS 11200, 11204, 11208 AND 11210 AND ADDING SECTIONS 11211 and 11212 TO CHAPTER II OF TITLE XI OF THE MORRO BAY MUNICIPAL CODE 11 -8 -71 CITY OF MORRO BAY ORDINANCES ORD. NO. TITLE ADOPTED 65 ZONING ORDINANCE 1,7" (71 66 ORDINANCE AMENDING SECTIONS 4110, 4111, 4112, 4115, 4200, 4206, 4210, 4215, 4230, 4231, 4232, 4240, 4260, 4273 AND 5307.4 AND DELETING SECTIONS 4203 AND 4220 OF MORRO BAY MUNICIPAL CODE 67 ORDINANCE AMENDING SECTIONS OF WATER, STANDARD IMPROVEMENT SPECIFICATIONS AND DRAWINGS, AND ANIMAL CONTROL ORDINANCES 68 ORDINANCE AMENDING ZONING MAP (LOTS 30 THROUGH 34, BLOCK 3, MORRO HEIGHTS TRACT) 69 REAL PROPERTY TRANSFER TAX ORDINANCE 70 UNIFORM TRANSIENT OCCUPANCY TAX ORD. 71 VEHICLE ABATEMENT ORDINANCE 72 UNDERGROUND UTILITIES ORDINANCE 73 ORDINANCE ADOPTING BUDGET FOR 1968 -69 74 ORDINANCE AMENDING TITLE VIII OF THE MUNICIPAL CODE 75 GOLF CART ORDINANCE 76 FIRE PROTECTION AND PREVENTION ORD. 77 ORDINANCE AMENDING SECTIONS OF ZONING ORDINANCE 78 9 -12 -67 0 9 -26 -67 11 -14 -67 11 -14 -67 11 -28 -67 2 -13 -68 2 -27 -68 4 -16 -68 6 -25 -68 7 -9 -68 1 -28 -69 2 -11 -69 3 -11 -69 ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE FISCAL YEAR 1969 -70 6 -10 -69 79 ORDINANCE CREATING AND ADDING SECTION 8620 TO CHAPTER VI, TITLE VIII OF THE MORRO BAY MUNICIPAL CODE ENTITLED "LIMITED TIME PARKING" 80 AN ORDINANCE CREATING & ADDING SECTION 10 -28 -69 8516 TO CHAPTER V, TITLE VIII ENTITLED "MOTOR VEHICLES ON PUBLIC BEACHES" 1 -13 -70 81 AN ORDINANCE AMENDING CHAPTER II OF TITLE XI ENTITLED "ABATEMENT OF WEEDS" 1 -13 -70 82 AN ORDINANCE CREATING & ADDING CHAPTER V TO TITLE VI - PRIVATE PATROL SERVICE LICENSING 4 -28 -70 • ORDINANCE NO. 118 AN ORDINANCE AMENDING CHAPTER IV OF TITLE III 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 the title of Chapter IV of Title III of the Morro Bay Municipal Code be amended by deleting the word "water ". SECTION 2. That Section 3401 of Chapter IV be amended as follows: 3401. Definitions s. (10) Agricultural wells SECTION 3. That Section 3412 of Chapter IV be amended to read as follows: 3412. Standards Standards for the construction, repair, modification or destruction of wells shall be as set forth in Chapter II of the California Department of Water Resources Bulletin No. 74, "Water Well Standards ": State of California, and Department of Water Resources Bulletin No. 74 -1 entitled "Cathodic Protection Well Standards, State of California." SECTION 4. 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 once in a newspaper of general circulation published and circulated in the City of Morro Bay, and thenceforth and thereafter the same shall be in full force and effect. Passed and adopted by the City Council of the City of Morro Bay at a meeting of said City Council held this 29th day of October, 1973, by the following roll call vote: AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay and Mayor Mitchell NOES: None ABSENT: None ATTEST: . WARDEN, City Clerk reialt E C. MI , Mayo • • ORDINANCE NO. 117 AN ORDINANCE TO AMEND ORDINANCE NO. 1 ENTITLED THE UNIFORM LOCAL SALES AND USE TAX ORDINANCE T H E C I T Y C O U N C I L City of Morro Bay, California The City Council of the City of Morro Bay does ordain as follows: SECTION 1. Section 11 of Ordinance No. 1 entitled the Uniform Local Sales and Use Tax Ordinance is amended to read: SECTION 11. PERMIT NOT REQUIRED. If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional seller's permit shall not be required by this ordinance. SECTION 2. Section 12.5 is added to said ordinance to read: SECTION 12.5. EXCLUSIONS AND EXEMPTIONS. (a) The amount subject to tax shall not include any sales or use tax imposed by the State of Cali- fornia 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 wateborne vessels to be used or consumed princi- pally 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 princi- pally 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. • • ORDINANCE NO. 117 Page Two (f) In addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code the storage, use, or other consump- tion 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 ex- empted from the use tax. SECTION 3. Section 12.6 is added to said ordinance to read: SECTION 12.6. APPLICATION OF PROVISIONS RELATING TO EXCLUSIONS AND EXEMPTIONS. (a) Section 12.5 of this ordinance shall become operative on January 1st of the year following the year in which the State Board of Equalization adopts an assessment ratio for state - assessed property which is identical to the ratio which is required for local assessments by Section 401 of the Revenue and Taxation Code, at which time Section 12 of this ordinance shall become inoperative. (b) In the event that Section 12.5 of this ordin- ance becomes operative and the State Board of Equalization subsequently adopts an assessment ratio for the state - assessed property which is higher than the ratio which is required for local assessments by Section 401 of the Revenue and Taxation Code, Section 12 of this ordinance shall become operative on the first day of the month next following the month in which such higher ratio is adopted, at which time Section 12.5 of this ordin- ance shall be inoperative until the first day of the month following the month in which the Board again adopts an assessment ratio for state - assessed pro- perty which is identical to the ratio required for local assessments by Section 401 of the Revenue and Taxation Code, at which time Section 12.5 shall again become operative and Section 12 shall become inoperative. SECTION 4. This ordinance shall be operative on January 1, 1974. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a meeting of said Council held this 24th day of September, 1973, by the following roll call vote: AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay and Mayor Mitchell NOES: None ABSENT: None ATTEST: the � DALE C. MIT HELL, Mayor • • ORDINANCE NO. 116 AN ORDINANCE CREATING CHAPTER VIII OF TITLE VIII OF THE MORRO BAY MUNICIPAL CODE MODIFYING THE STATE SPEED LIMIT ON CERTAIN STREETS OR PORTIONS THEREOF T H E C I T Y C O U N C I L City of Morro Bay, California SECTION 1. That Chapter VIII of Title VIII of the Morro Bay Municipal Code is created as follows: CHAPTER VIII 8800. It is hereby determined upon the basis of an engin- eering and traffic investigation that the speed otherwise permitted by state law upon the following streets does not fall within reasonable or safe limits under the conditions found to exist upon such streets, and it is hereby declared that the prima facie speed limit shall be as herein set forth on those streets or parts of streets herein designated when signs are erected giving notice thereof: NAME OF STREET OR SPEED LIMIT PORTION AFFECTED (MILES PER HOUR) Main Street between Atascadero Road, and Yerba Buena Street 35 Quintana Road between Main Street and Morro Bay Boulevard 35 Quintana Road between Morro Bay Boulevard and La Loma Avenue 35 Quintana Road between La Loma Avenue and South Bay Boulevard 40 Quintana Road between South Bay Boulevard and the East City Limits 40 South Bay'Boulevard between State Highway #1 and the South City Limits 40 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 once in a news- paper of general circulation published and circulated in the City of Morro Bay, and thenceforth and thereafter the same shall be in full force and effect. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a meeting of said City Council held this 24th•dayrof September, 1973 by the following roll call vote: AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay and Mayor Mitchell NOES: None ABSENT: None ATTEST: M. WARDEN, City Clerk t D LE C. MITITC L, Mayor • • ORDINANCE NO. 115 AN ORDINANCE GRANTING A RIGHT OF ENTRY TO AUTHORIZED CITY OFFICIALS FOR THE INSPECTION OF BUILDINGS AND PREMISES FOR THE ENFORCEMENT OF THE PROVISIONS OF THE MORRO BAY, CALIFORNIA ORDINANCES 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. Whenever necessary to make an inspection to enforce any ordinance or resolution, or whenever there is reasonable cause to believe there exists an ordinance or resolution violation in any building or upon any premises within the jurisdiction of the city, any authorized official of the City of Morro Bay, California, may, upon presentation of proper credentials, enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon him by ordinance; PROVIDED, that except in emergency situations or when consent of the owner and /or occupant to the inspection has been otherwise obtained, he shall give the owner and /or occupant, if they can be located after reasonable effort, twenty -four hours written notice of the authorized official's intention to inspect. The notice transmitted to the owner and /or occupant shall state that the property owner has the right to refuse entry and that in the event such entry is refused, inspection may be made only upon issuance of a search warrant by a duly authorized magistrate. In the event the owner and /or occupant refuses entry after such request has been made, the official is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry. SECTION 2. All other ordinances or parts of ordinances including Section 9212.7 of Chapter 2, Title IX of the Morro Bay Municipal Code which grant any official of this city a right of entry are hereby amended to delete such right of entry provisions and insert in their stead the following: "Any official of the city shall have the right of entry into buildings or premises regulated by this ordinance in accordance with the provisions of Ordinance 115 (This right of entry ordinance)" SECTION 3. 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 once in a newspaper of general circulation published and circulated in the City of Morro Bay and thenceforth and thereafter the same shall be in full force and effect. • • Ordinance No. 115 Page Two PASSED AND ADOPTED by the City Council of the City of Morro Bay at a meeting of said Council held this llth day of September, 1973, by the following roll call vote: AYES: Councilmen Donohoo, Keiser, McConaghay and Mayor Mitchell NOES: None ABSENT: Councilman Jennings DALE C. M L, Mayor ATTEST: M. L. WARDEN, City Clerk • ORDINANCE NO. 114 AN ORDINANCE REPEALING AND /OR AMENDING VARIOUS CITY OF MORRO BAY ORDINANCES AND /OR PORTIONS OF THE MORRO BAY MUNICIPAL CODE IN CONFLICT WITH CURRENT LAWS 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 OrdinanceeNo. 2 entitled "Ordinance Establishing the Penal Sum of the Treasurer's Bond ", adopted August 25, 1964, is hereby repealed. SECTION 2. That Ordinance No. 3 entitled "Ordinance Establishing a Location of City Council Meetings ", adopted September 1, 1964 is hereby repealed. SECTION 3. That Ordinance No. 20 entitled "Public Welfare, Morals and Safety, and Adopting Animal Regulations" adopted May 11, 1965, is hereby repealed. SECTION 4. That Section 11132, Dogs That Bite Human Beings To Be Isolated, Chapter I of Title XI of the Morro Bay Municipal Code, adopted November 14, 1967, is hereby repealed. SECTION 5. That Section 11301 of Chapter III, Delinquency Prevention, of Title XI of the Morro Bay Municipal Code adopted October 26, 1965, is hereby repealed. SECTION 6. That Section 8107 of Chapter I of Title VIII of the Morro Bay Municipal Code entitled "Traffic Ordinance" is hereby amended to read as follows: 8107. Holidays Within the meaning of this ordinance, holidays are those dates as described in the Federal Holiday Law. SECTION 7. That Section 9212.7, Private Facilities - operation, of Chapter II of Title IX of the Morro Bay Municipal Code is amended by deleting the last sentence which reads as follows: "The Director of Public Works and /or the Building Official of their authorized representatives shall be entitled to enter at all reasonable times upon the premises wherein such privately owned facility is situ- ated for the purpose of inspecting the condition and /or manner of operation of such facility. SECTION 8. 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 once in a newspaper of general circulation published and circulated in the City of Morro Bay and thenceforth and thereafter the same shall be in full force and effect. • • ORDINANCE NO. 114 Page Two PASSED AND ADOPTED by the City Council of the City of Morro Bay at a meeting of said Council held this llthday of September, 1973 by the following roll call vote: AYES: Councilmen Donohoo, Keiser, McConaghay and Mayor Mitchell NOES: None ABSENT: Councilman Jennings ATTEST: M. L. WARDEN, City Clerk D C. MIT ay ORDINANCE NO. %I • AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE FISCAL YEAR 1973 -74 T H E C I T Y City of Morro C O U N C I L y, California WHEREAS, a city is required to variety of expenditures in order to which it is responsible; and WHEREAS, the City Council finds a efficiency and economy of City govern' impaired if such expenditures could n. incurred on a daily basis as the need ake, from time to time, a p.ovide day -to -day service for WHEREAS, Section 37208 of th California provides that payment 0 approved by ordinance need not be a prior to payment: NOW, THEREFORE, the City does ordain as follows: SECTION 1. Tha certain City of Morro Bay, Fis al Year hereby approved and ado. ed as for the City of Morro Bay for t of t imme and s •r ON 2. This ordina Gove. ment Code of the ate pr- .ervation of the all ther fore take effect ce un nt t be rise Gove demands dited termines that the ld be substantially m'. or such obligations s and Code of the State of conforming to a budget y the City Council lof the City of Morro Bay ocumen 1973 -7^ he Fin Fisc i ne Stat . ublic upon • PASSED AND ,'OPTED by the Ci Bay at the regula meeting there 1973 by the followi g roll call vo AYES: NOES: ABSENT: ATTEST: M. L. WARDEN, City Clerk entitled "Final Budget, ", dated June 25, 1973, is :1 Budget for Expenditures 1 Year 1973 -74. .essary, under Section 36937 California, for the peace, health, or safety, its adoption. y Council of the City of Morro held this day of e: /D .e t DALE C. MI C ELL, Mayor • • ORDINANCE NO. 112 AN ORDINANCE DELETING SECTIONS 11200, 11202, 11204, 11207 AND 11208 AND ADDING NEW SECTIONS 11200, 11200.1, 11200.2, 11202, 11205, 11207, AND 11208 OF CHAPTER II OF TITLE XI 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 11200. of the Morro Bay Municipal Code be deleted and that new sections 11200., 11200.1 and 11200.2 be added to read as follows: 11200. Definitions 11200.1 Weeds and Nuisances a. Weeds which bear seeds of a downy or wingy nature. b. Sage brush, chaparral and other bush or weed which attain such large growth as to become, when dry, a fire menace to adjacent property. c. Weeds which are otherwise noxious or dangerous. d. Poison Oak and Poison Ivy when conditions of growth are such as to constitute a menace to the public health. e. • Dry grass, stubble, brush, litter, rubbish or other flammable or non - flammable material which endangers the public safety by creating a fire hazard, health hazard or public nuisance. f. Accumulations of brush, trees, logs and other debris in and around a creek or drainage channel which creates a potential hazard of impeding the free flow of water under flood conditions. g. Accumulations of filth, garbage, decaying animal or vegetable matter or animal or human excrement. h. Accumulations of boxes, boards, or other material liable to harbor rats or other rodents. i. Any condition declared by any statute of the State of California or ordinance of the City of Morro Bay to be a nuisance. j. Any public nuisance known at common law or equity. k. Any attractive nuisance which may prove dangerous or detrimental to infants. 1. Any condition dangerous to human life, unsafe, or detri- mental to the public health or safety. • • ORDINANCE NO. 112 Page Two 11200.2 Other Definitions. a. Enforcement Official. Any employee or department head of the City of Morro Bay charged with the duty of enforcing ordinances of the City of Morro Bay, County of San Luis Obispo or laws of the State of California. b. Owner. The owner of record of the premises affected. c. Occupier. The person occupying or otherwise in real or apparent charge and control of the premises affected. d. Beneficial Owner. Any mortgagee of record; a beneficiary under recorded deed of trust; or the owner or holder of any Lease of Record; provided, however, that the United States of America, the State of California, and the City of Morro Bay shall not be deemed to be beneficial owners by virtue of any lien for unpaid taxes. e. City Council. The City Council of the City of Morro Bay. SECTION 2: That Section 11202 of the Morro Bay Municipal Code be deleted and that a new Section 11202 be added to read as follows: 11202. Notice to Remove and Recordation of Notice. Whenever the Enforcement Official shall find weeds or other nuisances upon any property, lands or lots within the City which may be or become a fire hazard, or may endanger or injure neigh- boring property, or may be otherwise hazardous to the public health welfare or safety, a Notice to Remove such weeds or other nuisances shall be given to any one of the person or persons specified in Section 11201 above. At the time said Notice of Nuisance is served as provided herein, the enforcement official shall cause a copy of said Notice of Nuisance to be recorded in the office of the City Clerk of the City of Morro Bay. SECTION 3: That Section 11205 of the Morro Bay Municipal Code be deleted and a new Section 11205 be added to read as follows: 11205. Appeal From Notice to Remove. Any person, property owner, or his duly authorized agent, affected by the Notice to Remove weeds or other nuisances which do not constitute an immediate danger to the public health, welfare or safety, may appeal to the City Council from the requirements thereof. Such appeal shall be in writing and shall be filed with the City Clerk within ten (10) days of the date of notification established by Section 11204. In the case of the requirement to remove within twenty -four (24) hours, appeal shall be made to the City Clerk, or his designated representative, within the time required to remove as established by Section 11204. Notification of the time and date for hearing appeals concerning the Notice of Removal within thirty (30) days, shall be published at • • ORDINANCE NO. 112 Page Three least ten (10) days prior to the hearing in a newspaper qualified to publish legal notices. At the time and date of the hearing, the City Council shall hear and consider any and all objections to the proposed removal and may continue the'.hearing from time to time. The City Council shall allow or overrule any and all objections, if any, and its decision thereupon shall be final and conclusive. If upon appeal, the requirements of the original notice are modified, the Enforcement Official, in causing removal or abatment, shall be governed by the determination of the Council so made. In the absence of a Council determination to the contrary, abatement or removal for weeds or other nuisances which do not constitute an immediate danger, removal or abatement shall be accomplished within such time as may be determined by the City Clerk, or his designated representative, after the appeal is heard. SECTION 4: That Section 11207 of the Morro Bay Municipal Code be deleted and that a new Section 11207 be added to read as follows: 11207. Failure to Remove or Abate If any property owner, after being notified as provided for herein, fails, neglects or refuses to abolish, abate or remove, within the times herein prescribed, any of the weeds, or other nuisances mentioned in this Chapter, then the City may abate or remove the same and the Enforcement Officer is hereby expressly authorized to enter upon private property for that purpose. The cost of such abatement or removal by the City shall be assessed upon the lots, lands or property from which weeds or other nuisances were abated or removed, and such cost shall constitute a lien upon such lots, lands or property until paid, and will be collected upon the next tax roll upon which general municipal taxes are collected. SECTION 5: That Section 11208 of the Morro Bay Municipal Code be deleted and that a new Section 11208 be added to read as follows: 11208. Record of Removal Expense The Enforcement Officer shall keep a permanent record showing the description of each property or lot from which weeds or other nuisances are ordered to be removed; the name of the property owner thereof, if known; the date of notification to abate; and, in case of appeal, a record of the date of the determinations of the City Council and an account of the cost of abating such nuisance.. Such record shall include an assessment list of charges and shall be filed with the City Clerk from time to time but no later than the first day of August each year. SECTION 6: 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 once in a news- paper of general circulation published and circulated in the City of Morro Bay and thenceforth and thereafter the same shall be in full force and effect. ORDINANCE NO. 112 Page Four Passed and Adopted by the City Council of the City of Morro By at a meeting of said City Council held this llth day of Tune 1973 by the following roll call vote: AYES: Councilmen Donohoo, Jennings, Keiser, McConagya and Mayor Mitchell NOES: None ABSENT: None /Oth, DALE C. MITC flhf M or ATTEST: M. I. WARDEN, City Clerk • • ORDINANCE NO. 111 AN ORDINANCE CREATING CHAPTER IV OF TITLE III, REGULATING THE CONSTRUCTION, REPAIR, MODIFICATION AND DESTRUCTION OF WATER WELLS WITHIN THE INCORPORATED AREA OF THE CITY OF MORRO BAY 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 Chapter IV of Title III of the Morro Bay Municipal Code is created as follows: CHAPTER IV 3400. Purpose It is the purpose of this ordinance to provide for the con- struction, repair, modification and destruction of wells in such a manner to safeguard the municipal water system and to prevent reduction of capacity of City owned and /or operated wells, and that the ground water of the City of Morro Bay will not be con- taminated or polluted and that water obtained from wells will be suitable for beneficial use and will not jeopardize the health, safety or welfare of the people of the City of Morro Bay. 3401. Definitions For the purpose of this Chapter, the following words and phrases are defined and shall be construed as hereinafter set out, unless it shall be apparent from the content that they have a different meaning. a. Abandoned or Abandonment. These terms shall apply to a well which had not been used for a period of one year, unless the owner declares in writing to the Health Officer, through the Director of Public Works, his intention to use the well again for supplying water or other associated purpose (such as an observation well or injection well) and received approval of such declaration. All such declarations shall be renewed annually. Test holes and exploratory holes shall be considered abandoned twenty - four (24) hours after construction work has been completed, unless otherwise approved by the Health Officer. b. Agricultural Wells. Water wells used to supply water for irrigation or other agricultural purposes, including stock wells. c. Cathodic Protection Wells. Means any artificial excavation in an aquifer or in excess of fifty (50) feet, constructed by any method for the purpose of installing equipment or facilities for the protection electrically of metallic . equipment in contact with the ground commonly referred to as cathodic protection. d. Community Water Supply Well. A water well for domestic • • ORDINANCE NO. 111 Page Two purposes in systems subject to Chapter 7 of Part 1 of Division 5 of the California Health and Safety Code. e. Completion or Completion Operation. Any work conducted after artificial excavation to include: (1) Placement of well casing, (2) Gravel packing, (3) Sealing, (4) Casing ;perforation or, (5) Other operations deemed necessary by the Health Officer. f. Contamination. An impairment of the quality of water to a degree which creates a hazard to the public health through poisoning or through spread of disease. g. Destruction or Destroy. The complete filling of a well in such a manner that it will not produce water or act as a conduit for the interchange of water, when such interchange will result in deterioration of the quality of water in any water- bearing formations penetrated. h. Electrical Grounding Well. Any artificial excavation in an aquifer or in excess of fifty (50) feet, constructed by any method for the purpose of establishing an electrical ground. i. Health Officer. The San Luis Obispo County Health Officer, his medical deputies, his sanitarians, or his duly author- ized representatives shall perform the duties as the Morro Bay Health Officer in accordance with Section 1328, Chapter 1, Title 1, of the Morro Bay Municipal Code. Individual Domestic Well. A water well used to supply water for domestic needs of an individual residence or commercial establishment. J. k. Industrial Wells. Water wells used to supply industry on an individual basis. 1. Modification or Repair. The deepening of a well, re- perforation, sealing or replacement of a well casing. m. Observation Well. A well used for monitoring or sampling the condition of a water - bearing aquifer, such as water pressure, depth, movement or quality. n. Person. Shall include any person, firm, association, corporation, organization, partnership, business trust, company, or special district formed under the laws of the State of California. o. Pollution. An alteration of the quality of water to a degree which unreasonably affects: (1) Such water for beneficial uses, or (2) Facilities which serve beneficial uses. Pollution may include contamination. • • ORDINANCE NO. 111 Page Three p. Public Nuisance. When applied to a well, means any well which threatens to impair the quality of ground water or otherwise jeopardize the health and safety of the public. Salt Water (Hydraulic) Barrier Wells. Wells constructed to extract or introduce water into the ground as a means of preventing intrusion of salt water into a fresh water - bearing aquifer. q. r. Test or Exploratory Hole. An excavation used for deter- mining the nature of underground geological or hydrological conditions, whether by seismic investigation, direct observation or any other means. s. Well. Means any artificial excavation constructed by any method for the purpose of extracting water from or injecting water into, the underground, or for providing cathodic protection or electrical grounding of equipment, or for making tests or observations of underground conditions, or for any other similar purpose. Wells shall include, but shall not be limited to: (1) Community water supply wells, (2) Individual domestic wells, (3) Industrial wells, (4) Cathodic protection wells, (5) Electrical grounding wells, (6) Test and exploratory holes, (7) Observation wells, (8) Salt water (hydraulic barrier wells,) as defined herein, (9) Other wells whose regulation is necessary to fulfill the purpose of this article. This definition shall not include: (1) Oil and gas wells, or geothermal wells constructed under the jurisdiction of the State Department of Conservation, except those wells converted to use as water wells; or (2) Wells used for the purpose of: (a) Dewatering excavation during construction, or (b) Stabilizing hillsides or earth embankments, or (3) The following artificial excavations: (a) Drill holes for soil testing purposes where such holes are less than twenty -five (25) feet in depth; (b) Holes or excavations for soil percolation tests; (c) Drill holes for seismic exploration where such drill holes are less than twenty -five (25) feet in depth; (d) Excavations for drainage percolation ponds or spreading basins. t. Well Drilling Contractor. Means a contractor licensed in accordance with the provisions of the California Contractor's Law, Chapter 9, Division 3, of the Business and Professions Code, commencing with Section 7000. • • ORDINANCE NO. 111 Page Four 3402. Acts Prohibited, Permit Required a. No person, firm, corporation or special district formed under the laws of_this State shall within the incorporated area of the City of Morro Bay, construct, repair, modify or, destroy any well unless such person possesses a valid permit issued by the Health Officer of the City of Morro Bay as provided in this ordinance. b. No person shall construct, repair, modify or destroy any well unless such construction, repair, modification or destruction is in conformance with the terms, conditions, and standards specified in this chapter and in the written permit issued by the Health Officer. c. The construction of individual domestic wells within the incorporated area of the City of Morro Bay is hereby prohibited unless a permit to do so is first obtained from the Health Officer and the City Council. Any person may apply for said permit by submitting an application in accordance with Section 3403 herein. In addition to the provisions of Section 3403 such application shall include, but is not limited to the following. (1) A statement as to why water cannot be obtained from the City water system, and (2) Quantities and use of the water to be developed. The City Council shall consider said application within thirty (30) days of its receipt by the Director of Public Works at which time it may approve the application if in its discretion the drilling of the well and the operation thereof will not deplete nor contaminate the City water supply, and that service from the municipal water system is neither practicable nor feasible. If the Council grants a permit for the well, it may impose thereon reasonable conditions to prevent depletion and contamination of the City water supply and to protect the public health, safety and general welfare. In no case shall such conditions be less restrictive than the conditions specified herein. 3403. Permit Applications Applications for permits shall be made to the Health Officer through the Director of Public Works of the City of Morro Bay and shall include the following: a.' A plot plan indicating the exact location of the well with respect to the following items within a radius of two hundred (200) feet of the well: (1) Property Lines. (2) Sewage disposal systems or works carrying or contain- ing sewage or industrial wastes. (3) All intermittent or perennial, natural or artificial water bodies or water courses. (4) Drainage pattern of the property. (5) Existing wells. (6) Access roads. • • ORDINANCE NO. 111 Page Five b. Location of the property. (Include township, range and section.) c. Name of person who will construct the well. d. Estimated or proposed depth of well. e. Use of well. f. Other information as may be necessary to determine if under - ground waters will be protected. 3404. Permit Fees a. Permit application: fees. Every permit application except those made by a public agency shall be accompanied by a fee of twenty -five dollars ($25.00), none of which shall be refundable. b. Expiration of permit. Each permit issued pursuant to this chapter shall expire within six (6) months following the issuance of the permit. Upon expiration of any permit issued pursuant hereto, no further work may be done in connection with construction, repair, modification, or abandonment of a well unless and until a new permit for such purpose'is secured in accordance with the pro- visions of this chapter. 3405. Permit Qualification No permit shall be issued to any person who is not a well drilling contractor, provided that a permit may be issued to an owner or occupant of property who does the work of construction, repair, modification or destruction of a well located on such property himself or through his own employees; and provided further that a permit may be issued to any person exempt from the provisions of the Contractor's License Law, Chapter 9, Division 3, of the Business and Professions Code (commencing with Section 7000). 3406. Bonds As a condition precedent to the issuance of a permit, every applicant for a permit shall file or have on file with the City of Morro Bay a corporate surety bond in the sum of $2,500.00 issued by a surety company licensed to do business in this State, or in lieu thereof, a cash deposit in the sum of $2,500.00. As used in this subsection, the term "cash deposit" shall include, without limitation, certificates of deposit payable .to the City of Morro Bay issued by banks doing business in this State, investment certificates or share accounts assigned to the City of Morro Bay and issued by savings and loan associations doing business in this State, or bearer bonds issued by the United States Govern- ment or by this State. Said surety bond shall be conditioned to secure the compliance . and faithful performance by the permittee of the terms, conditions and standards imposed by this chapter, or by any permit issued hereunder. If cash is deposited in lieu of such bond, said cash deposit shall secure the compliance and faithful performance by the permittee of the terms, conditions and standards imposed by this chapter, or by any permit issued hereunder. ORDINANCE NO. 111 Page Six 3407. Conditions Permits shall be issued subject to compliance with the stand- ards provided in Section 3412 of this ordinance. 3408. Term, Completion of Work The permittee shall complete the work authorized by the permit prior to the expiration date set forth in the permit. The permittee shall notify the Health Officer in writing upon completion of the work and such work shall not be deemed to have been completed until such written notification has been received. 3409. Reports A copy of the well driller report required under Section 13751, California Water Code, shall be submitted to the Health Officer upon completion of construction of each well. 3410. Appeal Procedure Any person aggrieved by the refusal of the Health Officer to issue a permit or by the terms of a permit may appeal from the action of the Health Officer to the City Council by filing a written notice of appeal with the City Clerk. The Clerk shall set the matter for hearing before said Council and shall give reasonable notice of the time and place thereof to the applicant and to the Health Officer. The City Council shall hear the said evidence offered by the applicant or permittee and the Health Officer, and shall forthwith decide the issue. Unless the City Council shall rescind the Health Officer's action by a majority vote, his decision shall be deemed affirmed. 3411. Inspection The Health Officer and his inspectors may at any and all reasonable times enter any and all places, property, enclosures and structures for the purpose of making examinations and investi- gations to determine whether any provision of this ordinance is being violated. The Health Officer may require that each comple- tion, modification, repair or destruction operation be inspected prior to any further work. 3412. Standards Standards for the construction, repair, modification or des- truction of wells shall be as set forth in Chapter II of the California Department of Water Resources Bulletin No. 74, "Water Well Standards ": State of California and its Appendices E, F, and G, and Department of Water Resources Bulletin No. 74 -1 entitled "Cathodic Protection Well Standards, State of California ". 3413. Public Nuisance In the event the Health Officer determines that a well con- stitutes a public nuisance, he shall abate said nuisance in accordance with the provisions of the Morro Bay Municipal Code. 3414. Immediate Abatement If the Health Officer finds that immediate action is necessary • • ORDINANCE NO. 111 Page Seven to prevent impairment of the ground water or a threat to the health or safety of the public, he may immediately abate the nuisance without complying with the provisions of the Morro Bay Municipal Code. After abating the nuisance, the Health Officer shall comply with the provisions of the Morro Bay Municipal Code. 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 once in a newspaper of general circulation published and circulated in the City of Morro Bay, and thenceforth and thereafter the same shall be in full force and effect. Passed and Adopted by the City Council of the City of Morro Bay at a meeting of said City Council held this llth day of June 1973 by the following roll call vote: AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay and Mayor Mitchell NOES: None ABSENT: None DALES C. MIT :FiEL ,Mayor ATTEST: M. L. WARDEN, City Clerk • ORDINANCE NO. 110 AN ORDINANCE REPEALING SECTION NO. 6209. OF CHAPTER II OF TITLE yI OF THE MORRO BAY MUNICIPAL CODE AND CREATING A NEW SECTION NO. 6209. OF CHAPTER II OF TITLE VI 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 6209. of Chapter II of Title VI of the Morro Bay Municipal Code entitled "Coin Operated Machines" be and hereby is repealed except that the provisions thereof shall continue to apply for licenses whose expiration date exceeds the effective date of this ordinance. SECTION 2. That Section 6209. of Chapter II of Title VI of the Morro Bay Municipal Code entitled "Coin Operated Vending Machines" is hereby created as follows: 6209. Coin Operated Vending Machines For every person engaged in the business of maintaining, operating or letting the use of any coin operated vending machine, for the dispensing of goods, wares or merchandise or other tangible or intangible property, except those used for laundry and dry cleaning purposes, the license tax fee per year shall be one -half of one percent (1 of 1 %) of the gross receipts directly attributed to the business activities conducted within the City of Morro Bay. The application,: for a business license will be accompanied by a report including but not limited to, the following information: a) Name and address of business b) Numbers, location and types of machines c) Total annual gross receipts If the application is for a new business, this may be an estimate of anticipated gross receipts. If the application is for renewal of a license, the past years gross receipts will be included. Any license to conduct a business issued by the City in Connec- tion with which the City imposes a license fee or tax upon coin operated vending machines within the City, may be revoked for failure of the licensee to report to the City the gross receipts from such machines. The City may demand an audit of any such licensee and require him to submit a copy of the State Sales and Use Tax returns file relative to such machines and a copy of any other tax statement filed with any government entity by him or by any other individual or firm owning, renting, leasing or operating such machines dis- closing the gross receipts received from owning, renting, or opera- ting such machines. All coin operated vending machines shall be identified with the machine owner's name, address, and telephone number permanently attached to the machine where it can readily be seen on the front • • ORDINANCE NO. 110 Page Two thereof. All coin operated vending machines not labeled as required by this section shall be considered unlicensed and will be removed from the premises by the collectors and held for thirty (30) days. If unclaimed after thirty (30) days, the machine will be considered abandoned and disposed of as provided for in the disposition of unclaimed property. Exemptions: No license hereunder shall be required for the main- tenance or operation of: a) Postage stamp machines b) Machines dispensing sanitary or hygenic articles or drinking cups, towels or medicines which machines are entirely owned and supplied by the owner or operator of the premises where installed and maintained solely for the conveniences of employees, visitors and customers and not for profit to him or any other person. c) Machines owned and operated by and in a location of a business for which a license tax has been paid under another category of this chapter PASSED AND ADOPTED by the City Council of the City of Morro Bay at a meeting of said City Council held this 23rd day of April , 1973 by the following roll call vote: AYES: Councilmen Donohoo, Jennings, Keiser, MdCbnaghay and Mayor Mitchell NOES: None ABSENT: None ATTEST: WARDEN, City Clerk 12ilt P i i. .Qr.P7 E C. MIT Mayor • 1 ORDINANCE NO. 109 AN ORDINANCE AMENDING SECTIONS 6100, 6219 AND 6220 OF ORDINANCE NO. 94, CHAPTER II OF TITLE VI OF THE MORRO BAY MUNICIPAL CODE ENTITLED "BUSINESS LICENSES" 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 6100, of Ordinance No. 94, Chapter I be amended to read as follows: 6100. Definitions (o) Gross Receipts. As used in this Title, "gross receipts" shall include the total amount of the sale price of all sales and the total amount charged or received for the performance of any art or service, of whatever nature it may be, for which a charge is made or credit allowed, whether or not such act or service is done as a part of or in connection with the sale of materials, goods, wares or merchandise. Included in "gross receipts" shall be all receipts, cash, credits, and property of any kind or nature, without any deduction therefrom on account of the cost of the property sold, the cost of materials used, labor or service costs, interest paid or payable, losses or other expenses whatsoever. Excluded from "gross receipts" shall be cash discounts allowed and taken on sales; credit allowed on property accepted as part of the purchase price and which property may be later sold; any tax required by law to be included in or added to the purchase price and colledted from the consumer or purchaser; such part of the sale price of property returned by purchasers upon recision of the contract of sale as is refunded either in cash or by credit. SECTION 2. That Section 6219 of Ordinance No. 94, Chapter II be amended to read as follows: 6219. Flea Markets Each person sponsoring or organizing a Flea Market wherein goods and merchandise are offered for sale to the general public shall obtain a business license from the City for the conduct of such Flea Market and shall collect a business license fee from each individual offering said goods and mer- chandise for sale and shall further assure the payment of such business license fees to the City. Payment shall be made to the City for each and every day of the sale and shall be made by no later than the first day following the sale upon which the City Business License office is open for business. • • ORDINANCE NO. 109 Page Two Business License fees shall be in accordance with the following schedule: A $2.00 daily minimum business license fee for each individual offering goods and merchandise for sale, or 3% of the daily gross receipts resulting from sales by such individuals, whichever amount is greater. Each person sponsoring or organizing said Flea Market shall report in writing at the time of paying the Business License' fees, to the City, the name and daily gross receipts of each individual person offering goods and merchandise for sale to the general public. SECTION 3. That Section 6220 of Ordinance No. 94, Chapter II be amended to read as follows: 6220. Art, Hobby or Handicraft Shows and Exhibitions Each person sponsoring or organizing art, hobby or handi- craft shows or exhibitions wherein goods, artifacts or articles are offered for sale to the general public, (provided that such goods, artifacts or articles offered for sale are the products of each individual exhibitor's own skill or talent,) shall obtain a business license from the City for the conduct of such art, hobby or handicraft show or exhibition and shall collect a business license fee from each individual offering such goods, artifacts or articles for sale to the general public. Each person sponsoring or organizing said show or exhibition shall assure the payment of such business license fees to the City and payment shall be made for each and every day of the sale and such payments shall be made by no later than the first day following the sale upon which the City Business License office is open for business. Business License fees shall be in accordance with the following schedule: A $1.00 daily minimum business license fee for each individual offering goods, artifacts, or articles for sale to the general public, or 3% of the daily gross receipts resulting from sales by such individuals, whichever amount is greater. Each person sponsoring or organizing such art, hobby or handi- craft show or exhibition shall report at the time of paying the business license fee, in writing to the City, the name and daily gross receipts of each individual person offering such goods, artifacts or articles for sale to the general public. SECTION 4. This ordinance shall take effect upon its adoption, and prior to the expiration of fifteen (15) days from the passage thereof shall be published once in a newspaper of general circulation published and circulated in the City of Morro Bay and shall thereafter be in full force and effect. • • ORDINANCE NO. 109 Page Three 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 February , 1973 by the following roll call vote: AYES: Councilmen Donohoo, Keiser, McConaghay and Mayor Mitchell NOES: None ABSENT: Councilman Jennings ATTEST: L. WARDEN, City Clerk D•LE C. MITCHE , Mayor • • ORDINANCE NO. 108 AN ORDINANCE AMENDING SECTIONS 5302.11, 5303.4, 5310.5, 5313.4, 5320.1, DELETING SECTION 5319.1, ADDING NEW SECTIONS 5319.1 AND 5319.2 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 changes in Chapter III to Title V" of the Morro Bay Municipal Code (Sign Regulations) be made as follows: SECTION 1. That Section 5302.11 (Definition of a Marquee) be amended to read as follows: 5302.11. Marquee A permanent roof structure attached to and supported by the building and projecting over public property. SECTION 2. That Section 5303.4 (Types of Signs Prohibited) be amended by adding two new subsections (f) and (g) to read as follows: 5303.4. Types of Signs Prohibited (f) Temporary, sandwich- board, movable free - standing, tire stacks, wind and real estate signs, or flashing features of existing signs. (g) Signs painted on buildings, walls, or fences in excess of the area allowed by this ordinance. SECTION 3. That Section 5310.5 (Marquee Signs) be amended to read as follows: 5310.5. Marquee Signs No signs shall be attached to the face of or erected on top of a marquee without first securing an Exception Permit. One identification sign twelve (12) inches high may be placed under the under side of the right -of -way immediately below the sign. The area of this sign shall be limited to five (5) square feet not to exceed one (1) foot thick and not project beyond marquee face. SECTION 4. That Section 5313.4 (Political Campaign Signs) be amended to read as follows: 5313.4. Political Campaign Signs Temporary, non - commercial political signs not to exceed six (6) square feet total area shall be permitted only on private property, with the permission of the owner, in any district for a reasonable period of time preceeding election. Such signs shall be removed by the property owner within fifteen (15) days after the election. SECTION 5. That Section 5319.1 be deleted and a new Section 5319.1 be created to read as follows: • • ORDINANCE NO. 108 Page Two 5319.1. Time Limits There are hereby declared to be the following time periods commencing six (6) months from October 1, 1972, within which all non - conforming signs within the City shall be altered, removed, or otherwise made to comply with the provisions of this ordinance. (a) All signs not in conformance with the requirements provided by this ordinance: 10 years SECTION 6. That a new Section 5319.2 be added to read as follows: 5319.2. Time Limit Exceptions The following time period shall apply to signs legally erected pursuant to a valid Sign Permit issued within two (2) years imme- diately preceeding October 1, 1972. (a) All signs not in conformance with this ordinance: Fifteen (15) years from Permit date. SECTION 7. That Section 5320.1 (List of Non - Conforming Signs) be amended to read as follows: 5320.1. List of Non- Conforming Signs Within six (6) months of October 1, 1972, the Building Official shall compile a list of signs which as of said date do not conform to the provisions of this ordinance and are subject to amortization in accordance with Section 5319, and file the same in his office. SECTION 8. 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 once in a news- paper of general circulation, published and circulated in the City of Morro Bay, and thenceforth and thereafter the same shall be in full force and effect. PASSED AND ADOPTED by the City Council of the City of Morro Bay at the regular meeting thereof held on this llth day of September, 1972, by the following roll call vote: AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay and Mayor Mitchell NOES: None ABSENT: None ATTEST: L T,• E, City C erk DALE C. MITCHELL, Mayor • • ORDINANCE NO. 107 AN ORDINANCE AMENDING PORTIONS OF SECTIONS 5104.3.3, 5104.3.4 AND 5106.20 OF THE MORRO BAY MUNICIPAL CODE (ZONING REGULATIONS) T H E C I T Y C O U N C I L City of Morro Bay, California The Morro Bay City Council does ordain that changes in Chapter I to Title V of the Morro Bay Municipal Code be made as follows: SECTION 1. That Section 5104.3.3 (General Plan) be amended by deleting sub- sections e, f, h, i, j, and k and adding new sub- sections to read as follows: 5104.3.3. General Plan (e) The use of adjoining properties; any buildings within fifteen (15) feet of the property line shall be pre- cisely located; (f) The existing and proposed changes in topography of the site including the location of drainage channels or watercourses and the direction of drainage flow; (h) The location of any structures and existing trees in excess of three (3) inches in diameter upon the site designated for retention or removal, and tentative locations for future structures including the height of structures noted on the map; approximate time table and priorities of any phased development; (i) The approximate areas proposed for various categories of land use, setting out in general terms the uses proposed and a tabular summary of estimates of population and projected use densities and building intensities including the number of bedrooms, parking layout, etc.; (j) Sketches showing architectural concepts of the proposed buildings, including the exterior materials of proposed buildings, other structures, fencing and signing; (ki Preliminary designations of areas for proposed open space, recreation, parking and other public buildings and uses, accompanied by a narrative description of the proposed on -site improvements; a general description of on -site improvements in plan form; overall proposed open space, landscape materials and their initial planting size, recreation area, parking, service and other public area used in common on the property; a description of intended improvements to the open area of the property; SECTION 2. That sub- section (a) of 5104.3.4 be amended by adding two additional paragraphs to read as follows: • • ORDINANCE NO. 107 Page Two 5104.3.4 (a) . A Landscaping Plan showing plant materials, size of plants at the time of planting, method of maintenance; a Site Development Plan showing the location of all buildings, uses of the property, improvements intended, elevations of all buildings, structures, fences, signs, exterior lighting; a Grading Plan shall be submitted to and approved by the Planning Commission. All conditions imposed by the Planning Commission with ' the approval of the General Plan shall be incorporated in the final plans. Tabulation to be made a part of the Specific Plan. SECTION 3. That Section 5106.20 be amended to read as follows: 5106.20 In case an application is made for a Use Permit for any building or structure in any "C ", "M ", "R -3" or "R -4" District, said appli- cation shall be filed in accordance with the submittal requirements prescribed by Section 5104.3 (P -D Zone) of the Morro Bay Municipal Code. Such drawings, sketches, and site plans shall be considered by the Planning Commission in an endeavor to provide that the architectural and general appearance of such buildings or structures and grounds be in keeping with the character of the neighborhood and such as not to be detrimental to the orderly and harmonious development of the City, or to impair the desirability of invest- ment or occupation in the neighborhood. SECTION 4. 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 once in a news- paper of general circulation, published and circulated in the City of Morro Bay, and thenceforth and thereafter the same shall be in full force and effect. PASSED AND ADOPTED by the City Council of the City of Morro Bay at the regular meeting thereof held on this 11th day of Seoterber., 1972, by the following roll call vote: AYES: Councilmen Donohoo, Jennings, Keiser, McConaghav and Mayor Mitchell NOES: None ABSENT: None V// /L .fl e. �D D LE C. MITC , Mayor • • ORDINANCE NO. 106 AN ORDINANCE DELETING THE LAST SENTENCE OF THE THIRD PARAGRAPH OF SECTION 9100, DELETING SECTION 9123 ENTITLED RATES FOR SERVICE AND ADDING A NEW SECTION 9123 ENTITLED "RATES FOR SERVICE, DEPOSITS" 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 changes in Chapter 1, Title V of the Morro Bay Municipal Code (Water Service and Rates) be made as follows: SECTION 1. That Section 9100, Statement of Policy, be changed by deleting the last sentence of paragraph three which reads as follows: "A deposit of $12.00 will be required to establish credit for services rendered to premises not owned by the applicant." SECTION 2. That Section 9123 entitled "Rates for Service" be deleted. SECTION 3. That a new Section 9123 be created to read as follows: 9123. Rates for Service, Deposits The City Council shall, by resolution, establish the rates which will be charged for water service including, but not limited to, meter or availability charge and gallonage or cubic footage charge. The City Council shall, by resolution, establish the amount of the deposit which will be required to establish credit for service rendered to premises not owned by the applicant. SECTION 4. This ordinance is necessary, under Section 36937 of the Government Code, for the immediate preservation of the public health and safety in order to conveniently adjust water rates commensurate with fluctuating water supply and distribution costs during an existing water shortage and resultant emergency and, therefore, shall take ;effect upon its adoption. PASSED AND ADOPTED by the City Council of the City of Morro Bay at the regular adjourned meeting thereof held this 2nd day of August, 1972 by the following roll call vote: AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay and Mayor Mitchell NOES: None ABSENT: None ATTEST: 0 e. nide D E C. MITCHEL , Mayor M. J. / L',:City Clerk • • ORDINANCE NO. 105 AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE FISCAL YEAR 1972 -73 T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, A City is required to make, from time to time, a variety of expenditures in order to provide day -to -day service for which it is responsible; and WHEREAS, The City Council finds and determines that the efficiency and economy of City government would be substantially impaired if such expenditures could not be made or such obligations incurred on a daily basis as the need arises; and WHEREAS, Section 37208 of the Government Code of the State of California provides that payment or demands conforming to a budget approved by ordinance need not be audited by the City Council prior to payment: NOW, THEREFORE, the City Council of the City of Morro Bay does ordain as follows: SECTION 1. That certain document entitled "Final Budget, City of Morro Bay, Fiscal Year 1972 -73 ", dated June 26, 1972, is hereby approved and adopted as the Final Budget for Expenditures for the City of Morro Bay for the Fiscal Year 1972 -73. SECTION 2. This ordinance is necessary, under Section 36937 of the Government Code of the State of California, for the immediate preservation of the public peace, health, or safety, and shall therefore take effect upon its adoption. PASSED AND ADOPTED by the City Council of the City of Morro Bay at the regular meeting thereof held this 26th day of June, 1972 by the following roll call vote: AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay and Mayor Mitchell NOES: None ABSENT: None ATTEST: �Q� e%n ».r11%O' D LE C. MITC ELL, Mayor TLE, City Clerk ORDINANCE NO. 104 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF MORRO BAY AS APPLIED TO CERTAIN LOTS FRONTING ON MAIN STREET BETWEEN HIGHWAY 41 AND LOGAN STREET T H E C I T Y C O U N C I L City of Morro Bay, California The City Council of the City of Morro Bay does ordain as follows: SECTION 1. The Zoning Map of the City of Morro Bay, adopted pursuant to Section 5103.2 of the Morro Bay Municipal Code, shall be and is hereby amended to change the zoning on the following described property: Certain lots generally fronting on Main Street between Highway 41 (Atascadero Road) and Logan Street as delineated on the attached map marked Exhibit "A" which is made a part of this ordin- ance as though 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 once in a newspaper of general circulation, published and circulated in the City of Morro Bay, and thenceforth and thereafter the same shall be in full force and effect. PASSED AND ADOPTED by the City Council of the City of Morro Bay at the regular meeting thereof held on this 22nd day of May 1972, by the following roll call vote: AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay and Mayor Mitchell NOES: None ABSENT: None ATTEST: M[ J.: LITTLE,CCity Clerk ■ • i ORDINANCE NO. 103 AN ORDINANCE PROHIBITING ALL PRIVATE OR PUBLIC CONSTRUCTION IN THE AREA EASTERLY OF MORRO ROCK, NORTHERLY OF MORRO BAY, WESTERLY OF P. G. & E., AND SOUTHERLY OF MORRO CREEK, WITHOUT MAJORITY VOTE OF ELECTORS The people of the City of Morro Bay do ordain an ordinance relating to the development of certain land within the city limits of Morro Bay as follows: Any provision of the Municipal Code to the contrary notwithstanding, no private or public construction shall be permitted on any private or public property within the area hereinafter described unless the question of such proposed construction shall first be submitted to the citizens of the City of Morro Bay at a general or special election and approved by more than fifty percent of the voters of the city voting at such election. The property affected by this ordinance is all public and private property in the City of Morro Bay and within the following boundaries: Bounded on the west by the Pacific Ocean. Bounded on the north by the north bank of Morro Creek. Bounded on the east and the south by a line de- scribed as follows: Beginning at the North bank of Morro Creek at the intersection of the center line of C Street as shown on Map of Atascadero Beach filed in the office of the County Recorder on July 2, 1917; thence southerly along the center line of C Street to the center line of 79th Street as shown on said map of Atascadero Beach; thence N 81° 12' E 41.44 feet; thence S 21° 13' E 523.19 feet; thence S 30° 52' E 175.34 feet; thence S 54° 45' E 285.98 feet; thence southwesterly to the Mean High Tide Line at Station 66 as shown on map of the Grant to County of San Luis Obispo, Chapter 1076, Statutes of 1947, vicinity of Morro Bay, San Luis Obispo County, California; thence beginning at Station 66 at Mean High Tide Line of above said map of the Grant to County of San Luis Obispo and following the line of Mean High Tide through all Stations from 66 to 83; thence on a northwesterly course to Station 115 on the Pacific Ocean. It is further specified that no private or public construction of a marina, ramp, or anchorage shall be permitted to adjoin or be adjacent to the Mean High Tide Line as described above. I, M. J. LITTLE, City Clerk of the City of Morro Bay, do hereby certify that the foregoing is a true and correct copy of an ordinance adopted by a majority vote of the electors voting in the general municipal election held in the City of Morro Bay on the llth day of April, 1972. DATED: April 21, 1972 . jjLITTIi&, City Clerk • • ORDINANCE NO. 102 AN ORDINANCE REPEALING CHAPTER II OF TITLE XI OF THE MORRO BAY MUNICIPAL CODE, ORDINANCES 26, 81, AND 99, AND CREATING A NEW CHAPTER II OF TITLE XI OF THE MORRO BAY MUNICIPAL CODE ENTITLED "ABATEMENT OF WEEDS AND OTHER NUISANCES HAZARDOUS TO THE PUBLIC HEALTH, WELFARE AND SAFETY" 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 Chapter II of Title XI of the Morro Bay Municipal Code adopted June 8, 1965 and, as amended, entitled "Abatement of Weeds', is hereby repealed. SECTION 2. That Chapter II of Title XI of the Morro Bay Municipal Code entitled "Abatement of Weeds and Other Nuisances Hazardous to the Public Health, Welfare and Safety" is hereby created as follows: CHAPTER II ABATEMENT OF WEEDS AND OTHER NUISANCES HAZARDOUS TO THE PUBLIC HEALTH, WELFARE AND SAFETY 11200. Definitions. As used in this chapter "Weeds and nuisances hazardous to the public health, welfare, and safety ", means and includes, but is not limited to, any of the following: (a) Weeds which bear seeds of a downy or wingy nature. (b) Sagebrush, chaparral and other bush or weed which attain such large growth as to become, when dry, a fire menace to adjacent property. (c) Weeds which are otherwise noxious or dangerous. (d) Poison Oak and Poison Ivy when the conditions of growth are such as to constitute a menace to the public health. (e) Dry grass, stubble, brush, litter, rubbish or other flammable or non - flammable material which endangers the public safety by creating a fire hazard, health hazard or public nuisance. (f) Accumulations of brush, trees, logs and other debris in and around a creek or drainage channel which creates a potential hazard of impeding the free flow of water under flood conditions. (g) Accumulations of filth, garbage, decaying animal or vege- table matter or animal or human excrement. • • Ordinance No. 102 Page Two (h) Accumulations of boxes, boards, or other material liable to harbor rats or other rodents. 11201. General No owner, agent, lessee or other person occupying or having charge or control of any building, lot or premises within the City of Morro Bay shall permit weeds and other nuisances hazardous to the public health, welfare or safety to remain upon said premises and each such owner, agent, lessee or other person shall be subject to the requirements and procedures herein prescribed. 11202. Notice to Remove Whenever the Chief of the Fire Department, Chief of the Police Department, Public Health Officers or their authorized representatives, shall find weeds, or other nuisances upon any property, lands or lots within the City which may be or become a fire hazard, or may endanger or injure neighboring property, or may be otherwise hazardous to the public health, welfare or safety, a Notice to Remove such weeds or other nuisances shall be given to any one of the person or persons specified in Section 11201, above. 11203. Method of Notification Each person or persons, as herein specified, shall be notified by mail, or by the posting of property or by hand delivery of the requirement to abate weeds or other nuisances, determined to be hazar- dous to the public health, welfare or safety. In addition, and if the nature of the nuisance does not constitute an immediate danger to the public health or safety, notification shall be published in a newspaper of general circulation adjudicated for publication of legal notices. The most current tax assessor's list shall be the basic source for determining ownership and mailing addresses for any property owners requiring notification. 11204. Time to Remove Weeds or other nuisances which do not constitute an immediate danger to the public health, welfare or safety shall be removed within thirty (30) days of the postmarked date of the mailed notifi- cation or within thirty (30) days of the date of publication of the general notice as published in a newspaper qualified to publish legal notices, whichever time shall be later. Nuisances which constitute an immediate danger to the public health, welfare or safety shall be removed by no later than midnight of the day following the postmarked date of a mailed notification or within twenty -four (24) hours of the time of hand delivery. 11205. Appeal from Notice to Remove Any person, property owner or his duly authorized agent, affected by the Notice to Remove weeds or other nuisances which do not con- stitute an immediate danger to the public health, welfare or safety, may appeal to the City Council from the requirements thereof. Such appeal shall be in writing and shall be filed with the City Clerk within ten (10) days of the date of notification established by Section 11204. In the case of the requirement to remove within twenty- • • Ordinance No. 102 Page Three four (24) hours, appeal shall be made to the City Clerk, or his designated representative, within the time required to remove as established by Section 11204. Notification of the time and date for hearing appeals concern- ing the Notice to Remove within thirty (30) days, shall be published at least ten (10) days prior to the hearing in a newspaper qualified to publish legal notices. At the time and date of the hearing, the City Council shall hear and consider any and all objections to the proposed removal and may continue the hearing from time to time. The City Council shall allow or overrule any and all objections, if any, and its decision thereupon shall be final and conclusive. If upon appeal, the requirements of the original notice are modified, the Chief of the Fire Department, in causing removal or abatement, shall be governed by the determination of the Council so made. In the absence of a Council determination to the contrary, abatement or removal for weeds or other nuisances which do not con- stitute an immediate danger shall be accomplished within ten (10) days after the appeal is heard. For nuisances which constitute an immediate danger, removal or abatement shall be accomplished within such time as may be determined by the City Clerk, or his designated representative, after the appeal is heard. 11206. Method of Removal or Abatement Remova:' or abatement shall include hauling, cutting, discing or spraying with chemicals or solutions, to destroy or retard the growth of weeds or other vegetation and removal of destroyed vegetation or other nuisances. 11207. Failure to Remove or Abate If any property owner, after being notified as provided for herein, fails, neglects -or refuses to abolish, abate.or remove, within the times herein prescribed, any of the weeds, or other nui- sances mentioned in this Chapter, then the City may abate or remove the same and the Chief of the Fire Department and his authorized representatives are hereby expressly authorized to enter upon private property for that purpose. The cost of such abatement or removal by the City shall be assessed upon the lots, lands, or property from which weeds or other nuisances were abated or removed, and such cost shall constitute a lien upon such lots, lands or property until paid, and will be collected upon the next tax roll upon which general municipal taxes are collected. 11208. Record of Removal Expense The Chief of the Fire Department shall keep a permanent record showing the description of each property or lot from which weeds or other nuisances are ordered to be removed; the name of the property owner thereof, if known; the date of notification to abate; and, in case of appeal, a record of the date of the determinations of the City Council and an account of the cost of abating such nuisance. Such record shall include an assessment list of charges and shall be filed with the City Clerk from time to time, but not later than the first day of August of each year. 11209. Annual Notice Aggrieved Person • • Ordinance No. 102 Page Four Between the first and fifteenth day of each calendar year, the City Clerk shall cause to be published, for two successive times in a newspaper qualified to publish legal notices, a notice to the effect that any person aggrieved, in connection with the abatement program of the preceding calendar year, by any act or determination of any person or persons responsible for assuring compliance with the requirements and procedures herein specified, may file an appeal in writing with the City Clerk prior to the first Council meeting in February. The City Council shall, during the first Council meeting in February, proceed to hear and pass on each and every appeal and each determination thereupon shall be final and conclusive. Such hearing may be continued from time to time. The City Clerk shall carry out any directions of the Council made upon the appeal and shall cause appropriate corrections, adjustments, and entries in abatement and assessment records to conform therewith. 11210. Collection of Charges The amount of the cost of abatement shall constitute a special assessment against lots or property from which the weeds or other nuisances have been abolished, abated or removed by the City and shall constitute a lien upon such property until paid. Such charges may be paid to the City Clerk separately from City taxes at any time prior to the first day of August of the year in which unpaid charges are to be added to the county tax roll. Upon such payment, the City Clerk shall cause an appropriate entry to be made on the assessment record for the property showing that such charge was paid in full. On or before August tenth of each year, the City Clerk shall cause a copy of the abatement charges to be filed with the county auditor, in order that the county auditor may enter each assessment on the county tax roll opposite the property referred to. There- after, such amounts shall be collected at the same time, and in the same manner, as general city taxes are collected, and shall be sub- ject to the same penalties and the same procedure and sale in the case of delinquency as provided by law for city taxes. All laws and ordinances applicable to the levy, collection and enforcement of city taxes are hereby made applicable to such special assessments. 11211. Applicable Laws This ordinance is adopted pursuant to the provisions of Sections 39501 and 39502 of the Government Code of the State of California, as an alternative and additional remedy to those otherwise promoted by law or ordinance of the City of Morro Bay. SECTION 3. 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 once in a newspaper of general circulation, published and circulated in the City of Morro Bay, and thenceforth and thereafter the same shall be in full force and effect. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a meeting of said City Council held this 28th day of February 1972 by the following roll call vote: • • Ordinance No. 102 Page Five AYES: Councilmen Donohoo, Keiser, McConaghay, Walters and Mayor Mitchell NOES: None ABSENT: None ATTEST: E, City Clerk e, ei DALE C. MITCHELL, Mayor ORDINANCE NO. 101 AN ORDINANCE AMENDING SECTION 11101.15 OF CHAPTER I OF TITLE XI OF THE MORRO BAY MUNICIPAL CODE BY ADDING SUB - PARAGRAPH (3) TO PARAGRAPH (c), SECTION 11101.15 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 changes in Chapter I to Title XI of the Morro Bay Municipal Code (Animal Regulations) be made as follows: SECTION 1. That Section 11101.15, Limitations, be amended by adding Sub - paragraph (3) to Paragraph (c): (c) Other Animals (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 exception shall be submitted to the City Administrator, in writing, no later than thirty (30) 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 (60) consecutive calendar days and shall be granted only on the condition that such rules and regulations as shall be es- tablished by resolution of the City Council are fully complied with. 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 once in a news- paper of general circulation, published and circulated in the City, of Morro Bay, and thenceforth and thereafter the same shall be in full force and effect. PASSED AND ADOPTED by the City Council of the City of Morro Bay at the regular meeting thereof held on this 14th day of February, 1972 by the following roll call vote: AYES: Councilmen Donohoo, Keiser, McConaghay, Walters and Mayor Mitchell NOES: None ABSENT: None ATTEST: /. M. J. ity Clerk DALE C. MITCHE L, Mayor • • ORDINANCE NO. 100 AN ORDINANCE AMENDING SECTIONS 5102, 5103.1, 5104.2.5, 5104.2.6, 5104.2.7, 5104.2.8, 5104.2.9, 5104.2.10, 5104.2.11, 5104.2.12, 5104.4.2, 5105.3, 5106.3.a, 5106.6, 5106.11, 5106.13, 5106.16, 5108.1, AND DELETING SECTION 5110.5 OFICHAPTER I TO TITLE V 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 changes in Chapter I to Title V of the Morro Bay Municipal Code (Zoning Regulations) be made as follows: SECTION 1. That Section 5102, Definitions, be amended in the following respects: (1) The following definitions shall be added: (a) Accessory Building. A subordinate building, in- cluding shelters or pools, the use of which is incidental to, that of the main building on the same lot and /or building site. (b) Accessory Use. A use accessory to any permitted use and customarily a part thereof, which use is clearly incidental and necessary to the permitted use and which does not change the character thereof. (c) Secondary Residence. An incidental use limited to one single family dwelling on the second,floor or on the rear half of the same parcel upon which is located a permitted business or industrial use. (d) Secondary Use. Except as otherwise defined in this ordinance, any use incidental to a permitted use and customarily a part therof. (2) The following definitions shall be amended to read: (a) Home Occupation. An occupation carried on by the occupant, entirely within a building, as a use clearly secondary to the residence in connection with which there is no display, no stock in trade, nor commodities sold upon the premises, no person employed and which does not change the residential character thereof. (b) Mobile Home. A vehicle designed and equipped for human habitation, and for being drawn by a motor vehicle. (c) Mobile Home Park. Any'area or tract'of land where one or more mobile home lots are rented or leased or held out for rent or lease to accommodate mobile homes used for human habitation. The rental paid for any such mobile home shall be deemed to include rental for the lot it occupies. (d) Motel or Hotel. A single building or a group of detached or semi - detached buildings containing Ordinance No. 100 Page Two guest rooms or apratments, with automobile storage space provided on the site for such rooms or apart- ments provided in connections therewith, which group is designed and used for the accommodation of transient travelers for not in excess of thirty (30) days. (3) Recreation Trail'er Park. Any area or tract of land, within an area zoned for recreational use where one or more lots are rented or leased or held out for rent, or lease to owners or users of recreational vehicles or tents and which is occupied for temporary purposes. (f) Rest Homes. Any premises licensed under the pro- visions of the Welfare and Institutions Code of the State of California, ambulatory patients only. (g) Service Station. Shall mean an occupancy where petroleum products and fuel are offered for retail sale to the public primarily for the operation of motor vehicles. A service Station shall provide the following services: The sale and installation of tires, batteries, automotive accessories and sundries; the lubrication, testing, adjustment, and replacement of minor parts and accessories; and the repair of tires. Service Station DOES NOT include steam cleaning and mechanical car washing, tire recapping, engine, differential and transmission rebuilding, repair or replacement; body and chasis reconditioning, repair or repainting; tow service as defined by the California Motor Vehicle Code; and rental, sale or storage of trailers, hand tools, power tools, and non - automotive merchandise or equipment. (h) Trailer Coach. (Commercial Coach) A vehicle, with or without motive power, designed and equipped for human occupancy for industrial, professional or commercial purposes, and shall include a trailer coach. (i) Travel Trailer Park. Any area or tract of land or a separate designated section within a mobile home park when one or more lots are rented or leased or held out for rent or lease to owners or users of recreational vehicles used for travel or recreational purposes. (j) Travel Trailer. A vehicle other than a motor vehicle which is designed or used for human habi- tation and which may be moved upon a public high- way without a special permit or chauffeur's license or both, without violating any provision of the Vehicle Code. (3) The following definition shall be deleted: (a) 'Use - Accessory. • • Ordinance No. 100 Page Three SECTION 2. That Section 5103.1 be amended as follows: (1) Purpose under COMBINING LOT SIZE DISTRICT OR "S" DISTRICT shall be changed to read: (k) Purpose. To provide for the variation of building sites below the norm due to historic subdivision practives in the City of Morro Bay; to provide for the creation of larger sites as dictated by the topography and physical features or specified by ordinances; and to encourage special site treatment in particular areas of the City. SECTION 3. That Section 5104.2.5 (R -4 District) be amended as follows: (1) Column "L" (minimum Lot Area) be changed to read: (a) Travel Trailer Parks - 2900 (b) Mobile Home Park - 6200 (2) Column "B" (Uses) beginning "Accessory uses to hotels, motels . . ." shall have the word "accessory" changed to ':secondary ". SECTION 4. That Section 5104.2.6 (C -H District) be amended as follows: (1) Column "B" (Uses) shall be changed as follows: (a) "refreshment stands" shall be deleted from the list of uses beginning "Hotels, motels . . ." (b) "Self- service fuel dispensing facilities" shall be added after "service station" in the list of uses beginning "Commercial Recreation; . . ." (c) "Residential use only when accessory torcommercial use" shall be changed to read "Secondary Residence, Additions to Residences." (2) Column "L" (minimum lot area) be changed to read: (a) Mobile Home Park - 6200 (b) Travel Trailer Park - 2900 SECTION 5. That Section 5104.2.7 (C -1 -N District) be amended as follows: (1) Column "B" (Uses) be amended to permit uses conducted entirely within a building by adding "Savings & Loan ". SECTION 6. That Section 5104.2.8 (C -1 District) be amended as follows: (1) Column "B" (Uses) shall be changed as follows: (a) Under "Personal Service Establishments within a • • Ordinance No. 100 Page Four building" add'Savings & Loan ". (b) In the uses permitted with a use permit "Retail sales and personal services not within a building." shall be amended to read "Retail sales and per- sonal services not within a building, but not including self- service fuel dispensing facilities." (c) "Residential uses only when accessory to commercial uses on rear one -half of property or second story" shall be amended to read "Residential Uses, including Apartment House, only when secondary to commercial uses on rear one -half of the property or second story." SECTION 7. That Section 5104.2.9 (C -2 District) be amended as follows: (1) Column "B" (Uses) shall be changed as follows: (a) Under permitted uses within a building, delete "Mortuary." (b) Under uses requiring a use permit: 1 Change "Outdoor storage and sales establish- ments.'' to read "Outdoor storage and sales establishments, but not including self - service fuel dispensing facilities." 2. Change "Residential uses only when accessory to the commercial use." to read "Secondary use." (2) Column "B" (Uses)shall be changed by adding a new category requiring a use permit: "The following uses within a building," and under this category the following: "Business and professional offices." SECTION 8. That Section 5104.2.10 (M -1 District) be amended as follows: (1) Column "B" (Uses) shall be changed as follows: (a) Under uses permitted in a building or behind a fence change "Outdoor storage and sales" to read "Outdoor storage and sales, but not including self- service fuel dispensing facilities." (b) Under uses permitted with a use permit change "Residential uses only when accessory to the commercial or industrial use." to read "Secondary uses for security purposes only." SECTION 9. That Section 5104.2.11 (M -2 District be amended as follows: (1) Column "B" (Uses) shall be changed as follows: (a) Under uses permitted with a use permit change: • • Ordinance No. 100 Page Five 1. "Retail sales and personal service establish- ments appurtenant to permitted uses or part of a total complex" to read "Retail sales and per- sonal service establishments appurtenant to permitted uses or part of a total complex, but not including self- service fuel dispensing facilities." 2. "Residential use only when accessory to indus- trail or commercial uses" to read "Secondary uses for security purposes only." SECTION 10. That Section 5104.2.12 (0 -A District) shall be amended as follows: (1) Column "B" (Uses) shall be amended by adding to uses permitted without a use permit the following: "Secondary uses for maintenance and security purposes only." SECTION 11. That sub - section "a" of Section 5104.4.2 (Standards) be amended as follows: (1) Under "S -1" District add "Maximum lot coverage permitted fifty (50) percent." (2) Under "S -2" District: (a) Add "Maximum lot coverage permitted, fifty (50) percent." (b) Add "Less than 3500 square feet lot area, one (1) car garage permitted." (c) Change "Minimum front yard required, twenty (20) feet" to read "Minimum front yard required, fifteen (15) feet." SECTION 12. That sub- section "a" of Section 5105.3.1 be amended by adding an additional concluding sentence to read: "The size of off - street parking spaces may be reduced to accommodate smaller vehicles by up to ten (10) percent of the total required number with the approval of the building official." SECTION 13. That Section 5106.3.a be amended by adding "Mortuaries" to item "C" in the list of uses referred to. SECTION 14. That sub - section "a" of Section 5106.6 be amended by adding "or side street yard" at the end of the single sentence. SECTION 15. That condition "e" of Section 5106.11 be amended to read as follows: (e) A fence or other structure approved by the building official shall be constructed surrounding any swimming pool - maximum allowable height, six (6) feet, six (6) inches; minimum allowable height, six (6) feet; all gates within said fence or other structure shall be self - closing and self - latching. SECTION 16. That Section 5106.13 be amended to read as follows: • • Ordinance No. 100 Page Six Open, uncovered, raised porches, landing places or outside stairways in excess of thirty (30) inches above ground elevation may project not closer than three (3) feet to any side or rear lot line, and not exceeding six (6) feet into any required front yard. Projections less than thirty (30) inches above the ground elevation may not extend "closer than six (6) inches from the side or rear lot lines. SECTION 17. That Section 5106.16 shall be amended as follows: (1) The first paragraph shall be amended to read as follows: "In R -1 and R -2 Districts the minimum front yard pool set -back shall be the required building set -back plus five (5) feet. Side and rear set back shall be five (5) feet except that on a corner lot, the set -back from the side street shall be the required building set -back plus five (5) feet. (2) The first sentence in the last paragraph which reads "No pool shall occupy over forty (40) percent of the required rear yard" shall be deleted. SECTION 18. That Section 5108.1 be amended by deleting the word "nonconforming" immediately preceding the word "building" in the third sentence of the single paragraph of this section. SECTION 19. That Section 5110.5 be deleted in its entirety. SECTION 20. This ordinance shall take effect thirty (30) days after the date of its adoption, and prior to the expiration of fifteen (15) days from the passage thereof shall be published once in a newspaper of general circulation, published and circulated in the City of Morro Bay and thenceforth and thereafter the same shall be in full force and effect. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a meeting of said City Council held this 27th day of December 1971, by the following roll call vote: AYES: Councilmen Donohoo, Keiser, McConaghay, and Mayor Mitchell NOES: None ABSENT: Councilman Walters ATTEST: LITT E, City Clerk /D �. e D Z C. MITCHELL, ayor • ORDINANCE NO. 99 AN ORDINANCE AMENDING SECTIONS 11200, 11204, 11208 AND 11210 AND ADDING SECTIONS 11211 AND 11212 TO CHAPTER II OF TITLE XI 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 11200 of the Morro Bay Municipal Code be amended by adding a new sub - section (f) to read as follows: 1200. Definitions. (f) Accumulation of brush, trees, logs and other debris in and around a creek or drainage channel which creates a potential hazard of impeding the free flow of water under flood conditions. SECTION 2. That section 11204 of the Morro Bay Municipal Code be amended to read as follows: 11204. Removal of weeds. Unless within ten (10) days from the day of the posting of the notice, or in case of appeal to the Council within ten (10) days from the date of the determination thereof, unless the same is sustained, or in the case of rubbish detrimental to health unless within twenty -four (24) hours from the time of posting or in the case of appeal to the City Council within twenty -four (24) hours from the date of determination thereof, the weeds, rubbish or similar material are removed from the property, land or lot, as directed by the notice or by the Council on appeal, the Fire Chief shall thereupon cause the same to be removed or abated. If upon appeal the requirements of the original notice are modified, the Fire Chief in causing to be removed or abated such weeds, rubbish or similar material, shall be governed by the determination of the Council so made. Removal or abatement shall include burning, hauling or spraying with chemicals or solutions to destroy or retard the growth of vegetation that may become hazardous if not removed or abated. SECTION 3. That section 11208 of the Morro Bay Municipal Code be amended to read as follows: 11208. Rubbish Detrimental to Health. No person shall have or permit upon any premises owned, occupied or controlled by him, any nuisance detrimental to health consisting of any accumulation of filth, garbage, decaying animal or vegetable matter or animal or human excrement. SECTION 4. That section 11210 of the Morro Bay Municipal Code be amended as follows: 11210. Failure to Abate. If after being notified by any Fire, Police or Health Officer any person shall fail, neglect or refuse to abolish, abate or remove within ten days or in the case of rubbish detrimental to health described in section 11208, with- in twenty -four (24) hours, any of the matters or things mentioned in this chapter, then the City may abolish, abate or remove the same • • Ordinance No. 99 Page Two and the person whose duty it was to do so, in addition to incurring penalties provided in this chapter shall become indebted to the City for the costs and charges so expended. SECTION 5. That section 11211 be added to the Morro Bay Municipal Code to read as follows: 11211. Removal Abatement in Twenty -Four (24) Hours. If the Fire, Police or Health Officer determines that rubbish to be abated falls within section 11208 as rubbish detrimental to health, then removal must occur within twenty -four (24) hours instead of ten (10) days or said rubbish may be removed and charges levied against the property as provided in this ordinance. SECTION 6. That section 11212 be added to the Morro Bay Municipal Code to read as follows: 11212. Abatement in Creeks and Drainage Channels. Whenever the accumulation of trees, brush, logs and other materials around a creek bed or drainage channel within the city limits creates a dangerous flood condition in the opinion of the City Engineer, the City Engineer may declare a public nuisance subject to abatement as provided for in this ordinance. SECTION 7. 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 once in a newspaper of general circulation, published and circulated in the City of Morro Bay, and thenceforth and thereafter the same shall be in full force and effect. PASSED AND ADOPTED by the City Council of the City of Morro Bay at the regular meeting thereof held on this 8th day of November, 1971 by the following roll call vote: AYES: Councilmen Donohoo, Keiser, McConaghay, Walters and Mayor Mitchell NOES: None ABSENT: None ATTEST: M. J.i LTTTLE, City Clerk • . S't � de, C. MITCH L ayor • • ORDINANCE NO. 98 AN ORDINANCE AMENDING SECTIONS 11701 AND 11702 OF CHAPTER VII TO TITLE XI 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 11701 of Chapter VII to Title XI of the Morro Bay Municipal Code be amended to read as follows: 11701. Camping Prohibited. Every person who, between the hours of 10:00 p.m. and 6:00 a.m., erects, occupies or maintains a tent or tent -camp, or tent trailer, on public property or in an area posted with official signs indicating that camping is pro- hibited, or who occupies or sleeps in the living quarters of a parked and stationary house or travel trailer, camper or house car, when such vehicle is on a City Street or on public property or in an area posted with official signs designating that camping is prohibited, is guilty of a misdemeanor. This section shall not apply to public property where camp- ing is permitted. SECTION 2. That Section 11702 of Chapter VII to Title XI of the Morro Bay Municipal Code be amended to read as follows: 11702. Signs. Official signs may be posted specifying that camping is prohibited in designated areas. Upon motion of the City Council, signs may be posted permitting camping at all times or for any specified period of time. SECTION 3. This ordinance shall take effect thirty (30) days after the date of its adoption, and prior to the expiration of fifteen (15) days from the passage thereof shall be published once in a newspaper of general circulation, published and circulated in the City of Morro Bay and thenceforth and thereafter the same shall be in full force and effect. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a meeting of said City Council held this 26th day of October 1971, by the following roll call vote: AYES: Councilman Donohoo, Keiser, McConaghay, Walters and Mayor Mitchell NOES: None ABSENT: None ATTEST: M. J�LITTLE, City Clerk A OI 4- ¥�L %C- LL' -C./� DALE C. MITCHE L, Mayor • R1 -S1 to R4 -S9 CH -S8 to C1 -S9 M -1 to P.D. NO CHANGE NO CHANGE NO CHANGE NO CHANGE CH -S8 to C1 -S8 NO CHANGE 4 / I °�`'+�' e ;lilt leg IV S N kJ 1 II tglitiass b.' 44rr41 es II Shine Sill o •z..-. La if 4g1 „TR tab iii 41W ang„ at 44Y 111*4 I'1'.�"•�'1� min; primes!) 1, • •i a ll„y Mane . , ��'� Of II I�IIIlay411PO1pON .1a •• It el,ftrellillibill. 141 11 Pt tin 10,47 i l �. g V SrgT -E tei:,,c__,_ x., _, ill et: 0. '` I z. Wit 117) • • ORDINANCE NO.97 AN ORDINANCE DELETING ARTICLE 8, CREATING A NEW ARTICLE 8 AND ADDING A NEW SECTION 3209.2 TO CHAPTER II OF TITLE III 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 Article 8 of Chapter II to Title III be deleted and a new Article 8 be created to read as follows: ARTICLE 8 BURNING OR BURYING REFUSE AND /OR WASTE MATERIAL 3208.1. 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 fire place, in- cinerator or container within a building located within the city limits. This section shall not apply to agricultural burning pursuant to permit issued by the San Luis Obispo Air Pollution Control Board or the City Fire Chief, nor shall it apply to the burning of charcoal or wood for campfires or barbeques. 3208.2. Burying Refuse and /or Waste Material. It shall be unlawful for any person to bury refuse and /or waste material on any premises, public or private, within the City of Morro Bay. SECTION 2. That section 3209.2 be added to Chapter II of Title III of the Morro Bay Municipal Code. 3209.2. Deposit of Refuse and /or Waste Material in City Maintained Containers. City maintained trash containers are provided to prevent littering of streets and public areas from individual outdoor uses incidental to picnics, camping, and out- door consumption of food and are not provided for large quantities of collected trash. It is unlawful to deposit yard trimmings, household garbage, accumulated household trash, discarded wearing apparel, or other household property. It is also unlawful to deposit trash generated by the conduct of a butiness enterprise. SECTION 3. 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 once in a newspaper of general circulation, published and circulated in the City of Morro Bay, and thenceforth and thereafter the same shall be in full force and effect. • • Ordinance No. 97 Page Two PASSED AND ADOPTED by the City Council of the City of Morro Bay at the regular meeting thereof held on this 26th day of October 1971 by the following roll call vote: AYES: Councilmen Keiser, McConaghay, Walters and Mayor Mitchell NOES: Councilman Donohoo ABSENT: None ATTEST: 2M. TTa LE, City Clerk d ate aieS, DALE C. MITCH L , Mayor • • ORDINANCE NO. 96 AN ORDINANCE OF THE CITY OF MORRO BAY CREATING CHAPTER IX OF TITLE XI OF THE MORRO BAY MUNICIPAL CODE ENTITLED "REGULATIONS TO PRESERVE THE PEACE AND ORDER" 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 IX to Title XI of the Morro Bay Municipal Code is created as follows: CHAPTER IX REGULATIONS TO PRESERVE THE PEACE AND ORDER 11901. Emergency regulations to vrovide peace and order. It is deemed necessary and in the public interest that the City of Morro Bay take all appropriate action to insure that orderly procedures exist to, protect the life and property and the preservation of public peace and safety of the citizens of the city during a riot, general civil disobedience, or threat of same. The Mayor or City Administrator shall have the power to issue a proclamation of a state of emergency whenever he shall find either of the following to exist within the City of Morro Bay: (a) That rioting and widespread public disorder have erupted in the City of Morro Bay resulting in personal injuries and in extensive property damages; or (b) That there is a serious threat of riot and general civil disobedience, and that although the city has made and continues to make substantial efforts to prevent such riot and disorder, the threat to the city is such that additional action is deemed warranted to protect the lives, safety, peace and property of the citizens of the City of Morro Bay. Whenever a proclamation of a state of local emergency has been issued by the Mayor or the City Administrator, the Mayor or the City Administrator shall have the power to make, issue and enforce emer- gency rules and regulations related to the protection of life and property. Specifically, the Mayor or the City Administrator shall have the power to do any of the following within any portion or portions or all of the City of Morro Bay: (a) Curfew. Order a general curfew applicable to such specified geographical areas of the city, to the city as a whole, as is deemed necessary in the interest of the public safety and welfare., "Curfew" means a prohibition against any person or persons walking, running, loitering, standing or motoring upon any public alley, street or highway, any public property, or any vacant premises, excepting persons officially designated to duty with reference to civil emergency and representatives of the news media, physicians, • • Ordinance No. 96 Page Two nurses, and ambulance operators performing medical ser- vices, utility personnel maintaining essential public services, firemen and law enforcement officers and personnel and those specifically authorized by the Chief of Police of this city or his duly authorized agent. (b) Business Closing. Order the closing of any business establishments within the curfew area or within any other specified portion of the City of Morro Bay, for the period of the emergency; such businesses to include, but not be limited to, those selling intoxicating liquors, cereal malt beverages, gasoline or firearms. (c) Alcoholic Beverages. Order that no person within the curfew area or within any other specified portion of the City of Morro Bay shall consume any alcoholic beverages in a public street or place which is publicly owned or in any motor vehicle driven or parked thereon. (d) Weapons. Order that no person within the curfew area or within the other specified portion of the City of Morro Bay, shall carry or possess any gun, bomb, fire bomb, knife, rock, bottle, club, brick or weapon, who uses or intends to use the same unlawfully against the person or property of another. (e) Traffic Control. Designate any public street, thorough- fare or vehicle parking areas within the curfew area or within any other specified portion of the City of Morro Bay closed to motor vehicles and pedestrian traffic. (f) General Authority. Issue such other orders as are imminently necessary for the protection of life and property. 11902. Violations and penalties. The civil and criminal penalties and provisions set forth in Chapter II of Title I of the Morro Bay Municipal Code shall apply to any and all violations of the provisions of this chapter, and to any and all violations of any emergency rules and regulations issued pursuant to this chapter. 11903. Term of state of local emergency. Any state of local emergency proclaimed in accordance with the provisions of this chapter shall terminate after forty -eight hours from the issuance thereof or upon the issuance of a proclamation by the Mayor or City Administrator determining a local emergency no longer exists, whichever occurs first; provided, however, that such emergency may be extended by appropriate proclamation for such additional periods of time as determined necessary by the Mayor and the City Administrator. 11904. Authority to obtain vital supplies, equipment and property. In the event a proclamation of a state of local emergency has been issued as set forth is this chapter, the City Administrator is empowered to obtain those vital supplies, equipment, vehicles, and any and all other types of property which in his judgment are lacking and needed for the protection of the life and property of the City of Morro Bay and the people therein, and to bind the City • • Ordinance No.96 Page Three of Morro Bay for the fair value thereof, and if required immediately, to commandeer the same for public use. 11905 Provi's'ions'' in event "of absence of the' Mayor or the City Administrator. In the event both the Mayor and the City Administrator are absent from the City of Morro Bay, or are otherwise unavailable, during a riot, general civil disobedience, or threat of the same, any and all of the powers granted by this chapter to the Mayor may be exercised by the Mayor Pro Tempore and in the event he is absent from the City of Morro Bay or otherwise unavailable, by the Assistant City Administrator; and any and all powers granted by this chapter to the City Administrator may, in the event he is absent or otherwise unavailable during such a riot, general civil disobedience, or threat of the same, be exercised by the Assistant City Administrator. 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 once in a newspaper of general circulation, published and circulated in the City of Morro Bay, and thenceforth and thereafter the same shall be in full force and effect. PASSED AND ADOPTED by the City Council of the City of Morro Bay at the regular meeting thereof held on this 26th day of October 1971 by the following roll call vote: AYES: Councilmen Donohoo, Keiser, McConaghay, Walters and Mayor Mitchell NOES: None ABSENT: None ATTEST: TLE, City Clerk DALE C. MITCHELL, Mayor • • ORDINANCE NO. 95 AN ORDINANCE CREATING CHAPTER III OF TITLE III OF 1TTHE MORRO BAY MUNICIPAL CODE ESTABLISHING PROVISIONS FOR THE INSPECTION AND REGULATION OF CROSS- CONNECTIONS TO PUBLIC WATER SUPPLIES 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 Chapter III of Title III of the Morro Bay Municipal Code is created as follows: CHAPTER III 3301.1. Purpose. The purpose of this article is: (a) To protect the public water supply against actual or potential cross - connections by isolating within the premises contamination or pollution that may occur because of some undiscovered or unauthorized cross - connection on the premises. (b) To eliminate existing connections between drinking water systems and other sources of water that are not approved as safe and potable for human consumption. (c) To eliminate cross - connections between drinking water systems and other sources of water or process water used for any purpose whatsoever which jeopardize the safety of the drinking water supply. (d) To prevent the making of cross - connections in the future. (e) To encourage the exclusive use of public sources of water supply. • (f) To protect the drinking water supply within the premises where plumbing defects or cross - connections may endanger the drinking water supply available on the premises. "' It is the intent of this article to recognize that there are varying degrees of hazard and to apply the principle that the degree of protection should be commensurate with the degree of hazard. 3301.2. Definitions. For the purpose of this chapter, the following words and phrases are defined, and shall he construed as hereinafter set out, unless it shall be apparent from the context that they have a different meaning: (a) Cross Connection. The terms "cross- connection" or "cross - connected" as used in tese regulations means any real or potential connection between any part of a public water system or other water system supplying potable water to members of the public and any auxiliary water supply or any source or system containing water or any substance that is not or cannot be approved as safe, wholesome, and potable for human consumption. Ordinance No. 95 Page Two (b) Approved water supply. The term "approved water supply" means any water supply approved by, or under the super- vision of a public health agency of the State of Califor- nia or the County of San Luis Obispo. (c) Auxiliary water supply. The term "auxiliary water supply" means any water supply on or available to the premises other than the approved public potable water supply. These auxiliary waters may include, but not be limited to, water from another purveyor's public potable water supply or any natural source such as a well, spring, river, stream, harbor, etc., or "used water" or "indus- trial fluids ". (d) Approved check valve. The term "approved check valve" means a check valve meeting the specifications and approval of a recognized, approved testing agency for backflow prevention devices. (e) Approved double check valve assembly. The term "approved double check valve assembly" means an assembly of at least two independently acting approved check valves in- cluding tightly closing shut -off valves on each side of the check valve assembly and suitable leak detector drains plus connections available for testing the water tightness of each valve. The entire assembly shall be made in the factory of the manufacturer and shall meet the specifications and approval of a recognized, approved testing agency for backflow prevention devices. To be approved, these devices must be readily accessible for maintenance testing. (f) Air -gap separation. The term "air -gap separation" means a physical break between a supply pipe and a receiving vessel. The air -gap shall be at least double the diameter of the supply pipe, measured vertically above the top rim of the vessel, in no case less than one inch. (g) Approved reduced pressure principle backflow prevention device. The term "approved reduced pressure principle backflow prevention device" means a device approved by a recognized and approved testing agency for backflow prevention devices. The entire assembly shall be made in the factory of the manufacturer and shall incorporate two or more check valves and an automatically differential relief valve located between the two checks, two shut -off valves, and equipped with necessary appurtenances for testing. The device shall operate to maintain the pressure in the zone between the two check valves less than the pressure on the public supply side of the device. At cessation of normal flow, the pressure between check valves shall be less than the supplied pressure. In case of leakage of either check valve, the differential relief valve shall operate to maintain this reduced pressure by discharging to the atmosphere. When the inlet pressure is two pounds per square inch or less, the relief valve shall open to the atmosphere, thereby providing an air - gap in the device. To be approved these devices must be readily accessible for maintenance and testing and installed in a location where no part of the valve will be submerged. • • Ordinance No. 95 Page Three (h) Contamination. The term "contamination" means an impair- ment of the quality of the water to a degree which creates an actual hazard to the public health through poisoning or through the spread of disease. (i) Pollution. The term "pollution" means an impairment of the quality of the water to a degree which does not create an actual hazard to the public health but which does adversely affect such waters for domestic use. (j) Health hazard. The term "health hazard" means an actual or potential threat of contamination of a physical or toxic nature to the public potable water system to such a degree of intensity that there would be a danger to health. (k) Department. The term "department" means the Health Depart- ment of the County of San Luis Obispo. (1) Plumbing hazard. The term "plumbing hazard" shall mean a plumbing type cross - connection in a consumer's potable water system that has not been properly protected by a vacuum breaker, air -gap separation or other device. The term "pluming hazard" includes but is not limited to cross - connections to toilets, sinks, lavatories, wash trays, domestic washing machines and lawn sprinkling systems. (m) Pollution hazard. The term "pollution hazard" means an actual or potential threat to the physical properties of the public water system or the potability of the public water supply, but which would not constitute a health or system hazard, as defined. (n) System hazard. The term "system hazard" shall mean an . actual or potential threat of severe damage to the physical properties of the public potable water system. (o) Service connection. The term "service connection" shall mean the terminal end of a service connection from the public potable water system, i.e., where the water pur- veyor loses jurisdiction and sanitary control over the water at its point of delivery to the consumer's water system. If a meter is installed, then the service connection shall mean the down- stream end of the meter. There should be no unprotected take -offs from the service line ahead of any meter or back -flow prevention device located at the point of delivery to the consumer's water system. (p) Purveyor. The term "purveyor" shall mean any person, cor- poration, public utility, municipality, district or other agency or institution furnishing or supplying water for domestic purposes. Water supervisor. The term "water supervisor" means the consumer or a person on the premises appointed by the con- sumer who is charged by the consumer with the responsibi- lity to the consumer of maintaining the consumer's water system free from cross-connections and other sanitary defects, as required by regulations and laws. A certified back -flow prevention device tester may not act as a water (q) • Ordinance No. 95 Page Four supervisor unless he is a full -time employee of the con- sumer, and has the day -to -day responsibility for the in- stallation and use of pipelines and equipment on the premises and for the avoidance of cross - connections. (r) Industrial fluids. The term "industrial fluids" shall mean any fluid or solution which may be chemically, biologically, or otherwise contaminated or polluted in • a form or concentration such as would constitute a health, system, pollutional or plumbing hazard if in- troduced into the water supply. This may include, but not be limited to polluted or contaminated used waters; all types of processed waters and "used waters" originat- ing from the public potable water system which may deter- iorate in sanitary quality; chemicals in fluid form; acids and alkalis; circulating cooling waters connected to an open cooling tower and /or cooling waters that are chemically or biologically treated or stabilized with toxic substances; contaminated natural waters such as from wells, springs, streams, rivers, bays, harbors, seas, irrigation canals or systems, etc.; oil; gases; glycerine; paraf- fines; caustic and acid solutions; and other liquid and gaseous fluids used in industrial or other processes or for firefighting purposes. (s) Consumer The term "consumer" shall mean the owner of a premises having a service from a potable water system. 3301.3. Consumer Responsibility. Consumers shall be responsible for the installation and use of pipelines and equipment for the avoidance of cross - connections, compliance with the provisions of this Chapter, and for reporting to the Department any changes in water usage. in the event of any cross- connection existing or occurring on or within the premises, the Department shall be immediately notified by the consumer so that appropriate corrective measures may be taken. 3301.4. Where protection is required. (a) Each service connection from the public water system for supplying water to premises having an auxiliary water supply shall be protected against backflow of water from the pre- mises into the public water system. (b) Each service connection from the public water system for supplying water to premises on which any substance is or may be handled in such a fashion as to permit entry into the water system shall be protected against backflow of the substance from the premises into the public system. This shall include the handling of processed waters, and waters originating from the public water supply system which have been subject to deterioration in sanitary quality. (c) Backflow prevention devices shall be installed on the ser- vice connection to any premises that have cross - connections. It shall be the responsibility of the consumer to provide, test, and maintain protective devices as required. 3301.5: Type of protection. The protective device required shall depend on the degree of hazard. In determining the degree of hazard and the type of back -flow prevention to be required, the • Ordinance No. 95 Page Five following criteria shall be used: (a) An air -gap separation shall be used where there is a health hazard. The air -gap shall be located as close as practicable to the meter and all piping between the meter and the receiving tank shall be entirely visible. If these conditions cannot reasonably be met, the public water supply shall be protected with an approved reduced pressure principle backflow prevention device, pro- viding the alternative is acceptable to the Department. (b) An air -gap separation or a reduced pressure principle backflow prevention device shall be used where there is a system hazard or a plumbing hazard or any combination of the above. If an air -gap separation is used, the air -gap shall be located as close as practicable to the meter and all piping between the meter and receiving tank shall be entirely visible. Where there is no meter the protective device shall be located on the service connection pipeline at a point on the consumer's property nearest the public water supply. pipeline. (c) In all other cases of cross - connection, there shall be required a double check valve assembly. (d) Notwithstanding any other provisions of this Section, at the service connection to any sewage treatment plant, sewage pumping station, or storm water pumping station, the public water supply shall be protected by an air -gap separation. The air -gap shall be located as close as practicable to the meter and all piping between the meter and receiving tank shall be entirely visible. If these conditions cannot be reasonably met, the public water supply shall be protected with an approved reduced pressure principle backflow prevention device, providing this alternative is acceptable to the Department. Final decision in this matter shall rest with the State De- partment of Public Health. (e) Notwithstanding any other provisions of this Section, on any premises where the County Health Department determines that a special hazard exists, the public water supply shall be protected by such approved backflow prevention devices as designated by the Department. 3301.6. Frequency of inspection of protective devices. It shall be the duty of the consumer on any premises on which backflow protective devices are installed to have competent inspections made at least once a year or more often in those instances where successive inspectionsindicate defective operation. These devices shall be repaired, overhauled or replaced at the expense of the water user whenever they are found to be defective. Records of such tests, repairs, and overhaul shall be kept and submitted to the Department. 3301.7. Qualification and certification of person to inspect and maintain backflow prevention devices. (a) No person shall be qualified to inspect and maintain back- flow prevention devices unless his qualifications have been • Ordinance No. 95 Page Six established to the satisfaction of the Department as hereinafter required. To determine the qualifications of any person to inspect and maintain backflow preven- tion devices, the Department shall have the authority to conduct examinations as necessary. Upon successful completion of such examination and such training as the Department shall prescribe, the person so examined shall receive from the Department a "Certificate of Competence ". Any limitations or conditions imposed by the Department on the examinee in the inspection and maintenance of backflow prevention devices shall be stated upon the face of said Certificate issued to the examinee. The Department shall make available to consumers, a list of persons qualified to inspect and maintain backflow pre- vention devices. Every person, after receiving a "Cer- tificate of Competence" from the Department, shall be issued such identification as the Department shall deem appropriate; and such identification shall be kept in the immediate possession of every person holding a Certi- ficate of Competence while said person is inspecting or maintaining any backflow prevention device in the County of San Luis Obispo. (b) Every person desiring to qualify to inspect or maintain backflow prevention devices shall make application to the Department. At the time of making application, every per- son shall pay a fee of Ten Dollars ($10.00), which fee shall not be refundable. Said fee shall cover the expense of the Department in processing the applications, Certi- ficates of Competence, and any documents-of identifica- tion required by the Department. (c) Every person holding the Department under be required to renew The requirements for discretion of the Department. a Certificate of Competence issued by the provisions of this Article shall said Certificate every three (3) years. re- examination may be waived at the (d) Every person receiving a Certificate of Competence under the provisions of this Article shall be responsible for the competency and accuracy of all inspections and maintenance performed by him on any backflow prevention device. (e) Any person issued a Certificate of Competence who violates or fails to comply with any of the . provisions of this Article or willingly falsifies inspection or maintenance reports submitted to the Department shall, in addition to the penalties prescribed in Chapter 1.04 of the San Luis Obispo County Ordinance Code, have said Certificate immediately revoked, and shall not be considered for re- certification for a period of two (2) years. 3301.8. Booster pump - regulation of. When it becomes necessary, because of low pressure or special operating conditions, to install a booster pump on the service of any premises, such pump shall be equipped with a low pressure cutoff switch designed to shut off the pump when the pressure on the inlet side is 25 P.S.I.G. or lower. It shall be the duty of the consumer to maintain the cut -off device in proper working order, and to certify to the Department at least once a year that the device is operable. • Ordinance No. 95 Page Seven 3301.9. Protection of water system within premi'ses. (a) Whenever the Department determines that drinking water systems on a premise cannot be protected against entry of water from any piping system, equipment or other source not safe or potable for human use, an entirely separate drinking water system shall be installed to supply water at convenient points. (b) Water systems for fighting fire, derived from a supply that cannot be approved as safe or potable for human use shall, wherever practicable, be kept wholly separate from . drinking water pipelines and equipment. In cases where the domestic water system is used for both drinking and fire fighting purposes, approved backflow prevention de- vices shall be installed to protect such individual drink- ing water lines as are not used for fire fighting purposes. The users of such drinking water systems shall be further protected as prescribed by the State and County Health Departments. (c) Potable water pipe lines connected to equipment for. indus- trial processes or operations shall be disconnected there- from if practicable. Where disconnection is not practi- cable, an approved backflow prevention device, the type or kind depending on the degree of hazard, shall be located in the feedline to the process piping or equipment, beyond the last point from which drinking water may be taken. In the event the particular processed liquid is especially corrosive or apt to prevent reliable action of the backflow prevention device, an air -gap separation shall be provided. These devices shall be repaired, overhauled or replaced whenever they are found to be defective. Records of tests, repairs, and replacement shall be kept and submitted to the Department. (d) Sewage pumps and storm water pumps shall not have priming connections directly off any drinking water systems, unless the drinking water system is protected by an air -gap and no connection shall exist between the drinking water system and any other piping equipment or tank in any sewage treatment plant, sewage pumping station, or storm water pumping station. (e) Backflow protections by an approved backflow protection device operating under the reduced pressure principle shall be provided on each drinking water outlet used for supplying ships or other vessels at piers or waterfronts. These devices must be located where they will prevent the return of water from any ship or vessel into another adjacent ship or vessel or into the public water system. (f) Where the premises contain dual or multiple water systems and piping, the exposed portions of pipelines shall be painted, banded or marked at sufficient intervals to distinguish clearly which water is safe. All outlets from other than approved water supply systems shall be posted as being unsafe for drinking purposes. All outlets intended for drinking purposes shall be plainly marked to • • Ordinance No. 95 Page Eight indicate that fact. 3301.10. Water Supervisor. At each premises where it is necessary, in the opinion of the Department, a Water Supervisor shall be designated. 3301.11. Penalties for non - compliance. The water purveyor shall have the authority to immediately discontinue service to any premises where cross - connections or other hazards to the water system are found to exist, and shall not again render service to said premises until such conditions are eliminated in accordance with this Chapter. Any consumer who willfully violates any of the provisions of this Chapter or alters, or bypasses or renders in- operative any backflow prevention device installed under the pro- visions of this Chapter shall, in addition to immediate discon- tinuance of water service be subject to penalties prescribed in Chapter II of Title I of the Morro Bay Municiple Code. Service shall not again be rendered until such violation or non - compliance has been corrected. SECTION 2. This Ordinance shall take effect thirty (30) days after the date of its adoption, and prior to the expiration of fifteen (15) days from the passage thereof shall be published once in a newspaper of general circulation, published and circulated in the City of Morro Bay and thenceforth and thereafter the same shall be in full force and effect. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a meeting of said City Council held this 26th day of October 1971, by the following roll call vote: AYES: Councilmen Donohoo, Keiser, McConaghay, Walters and Mayor . Mitchell NOES: None ABSENT: None ATTEST: / 9 APT M. LI DALE C. MITCHELL, Mayor E, City Clerk 1 ORDINANCE NO. 94 AN ORDINANCE AMENDING CHAPTERS I AND II OF TITLE VI OF THE MORRO BAY MUNICIPAL CODE ENTITLED "BUSINESS LICENSES" AND CREATING SECTIONS 6217, 6218, 6219 AND 6220 OF CHAPTER II OF TITLE VI OF THE MORRO BAY MUNICIPAL CODE ENTITLED "BUSINESS LICENSES" 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 6100 of Chapter I be amended to read as follows: 6100. Definitions (j) Employee. As used in this Title, "employee," when used in determining the number of employees used in any business licensed and taxed under this Title, means all persons engaged in the operation or conduct of any business, whether an owner, any member or owner, any member of owner's family, partner, agent, manager, solicitor, and any and all other persons employed or working in said business; provided such persons' wages, salaries, or fees are reported to State or Federal agencies under the provisions of State or Federal income, social security, or unem- ployment insurance laws. (n) Garage Sales. As used in this Title, "garage sales" means the offering for sale, to the general public, collective articles of household furniture, household furnishings, household goods or personal belongings of the occupant of the residence from which the articles are being offered for sale. Included in this definition, but not limited to, are sales known or advertised as "patio sales ", "backyard sales ", and similiar descriptions. SECTION 2. That Section 6111 of Chapter I be amended to read as follows: 6111. Determination of Average Number of Employees The annual average number of employees in any business shall be determined by totaling the annual working hours of all full - time, part -time, and seasonal employees, or any combinations thereof, and dividing that total by two thousand (2,000). In the result, any fraction greater than .5 shall be considered as one (1) employee. Exceptions: (a) The total annual working hours of one (1) employee, as defined by Section 6100 (j), herein, who may be either an owner or the manager, need not be included in the total annual working hours used to determine the average number of employees. "Employees" who are owners of a particular business and who report this income as • • Ordinance No. 94 Page two jointly derived from that business on a joint return to State or Federal agencies under the provisions of State or Federal income tax laws shall be considered as one (1) employee for purposes of determining the average number of employees and qualify for this excep- tion. (b) "Employees" who do not report their wages, salaries or fees, as derived from the particular business, to State or Federal agencies under the provisions of State or Federal income, social security or unemployment'insurance laws need not be included in the total annual working hours used to determine the average number of employees. SECTION 3. That Section 6201 of Chapter II be amended to read as follows: 6201. Retailing, Wholesaleing, Manufacturing, Fabricating, Processing, Jobbing, and Other Services, Business, Occupations, or Professions Not Spec'ific'ally Enumerated Every person conducting or carrying on a business consisting of selling and retailing any goods, wares, or merchandise or commodities or other things of value in a fixed place of business in the City of Morro Bay or of manufacturing, wholesaleing, fabricating, pro- cessing, or jobbing any goods, wares, merchandise, or things of value, and each and every trade, profession, service or occupation carried out within the City, not otherwise specifically enumerated or taxed in this Chapter, shall pay an annual license tax based upon the average number of employees engaged, within the City, in the conduct of such trade, profession, service, or occupation at the following rates: Minimum - Twenty -Five Dollars ($25.00) Each employee as determined in Section 6111 of Chapter I, herein - Five Dollars ($5.00) SECTION 4. That Section 6205 of Chapter II be amended to read as follows: 6205. Home Occupations Each home occupation constituting a business and not otherwise specifically enumerated or taxed in this Chapter shall pay an annual license tax in accordance with the schedule enumerated in Section 6201 of this Chapter. No business license will be issued if the home occupation as conducted is contrary to provisions of the City of Morro Bay zoning regulations. Exceptions: Home occupations consisting of the producing, selling, or supplying of products, goods, articles or services, which are intended to augment or supplement a primary source of income and which include but are not limited to hobby, handicraft, handyman, or personal service activities and which are conducted in or on, but which are incidental to the personal residence of the persons so engaged may request exception from the annual license tax of this Section and such request shall be considered in accor- dance with the following: • • Ordinance No. 94 Page three (a) The person seeking exception shall file an application for a business license with the Collector and will attach, thereto, a request for exception, in writing, with the Collector setting forth the reasons exception is sought. (b) The collector shall consider each request on an individual basis and may waive the basic annual license tax of Twenty -Five Dollars ($25.00). If an exception is granted, a minimum license fee of Ten Dollars ($10.00) per year shall be charged. (c) Appeal from the Collectors' decision may be filed under the provisions of Section 6117 of Chapter I of this Title. SECTION 5. That Section 6209 of Chapter II be amended to read as follows: 6209. Coin Operated Machines For every person engaged in the business of maintaining, oper- ating, or letting the use of any coin operated vending machine, except those machines used for laundry and dry cleaning purposes, for the dispensing of goods, wares, or merchandise or other tangible property, the license tax fee shall be Twenty -Five Dollars ($25.00) per year, plus an additional license tax per year on the following basis: (a) Machines operated by-One Cent ($.01) - Fifty Cents ($.50) for each machine. (b) Machines operated by Five Cents ($.05) - One Dollar ($1.00) for each machine. (c) Machines operated by coin over Five Cents ($.05) - Two Dollars ($2.00) for each machine. All coin operated machines shall be identified with the machine owner's name, address, and telephone number permanently attached to the machine where it can readily be seen on the front thereof. All coin operated machines not labeled as required by this Section shall be considered unlicensed and will be removed from the premises by the Collector and held for thirty (30) days. If un- claimed after thirty (30) days, the machine will be considered abandoned and disposed of as provided for the disposition of un- claimed property. Exemptions: No license hereunder shall be required for the maintenance or operation of: (a) Postage Stamp machines (b) Machines dispensing sanitary or hygenic articles or drinking cups, towels or medicines which machines are entirely owned and supplied by the owner or operator of the premises where installed and maintained solely for the convenience of employees, visitors and customers and not for profit to him or to any other person. • • Ordinance No. 94 Page four (c) Machines owned and operated by and in a location of a business for which a license tax has been paid under another catagory of this Chapter. SECTION 6. That Section 6216 of Chapter II be amended to read as follows: 6216. Public Utilities Public utilities serving customers within the City of Morro Bay shall pay an annual license fee under the provisions of Section 6201 of this Chapter unless the public utility company concerned pays a franchise tax to the City in excess of the amount due under the provisions of Section 6201, in which case no business license fee shall apply. SECTION 7. That Section 6217 of Chapter II be created as follows: 6217. Real Estate Every person in the real estate business who, whether from a fixed or non -fixed place of business, sells or offers to sell or buys or offers to buy, or who rents or leases or offers to rent or lease any real estate, or who collects or offers to collect rents for any real estate and who is subject to regulation by the State of California Real Estate Board and who operates within the City, shall pay an annual business license fee as follows: For each real estate broker, as licensed under State of California Real Estate Board regulations, Twenty -Five Dollars ($25.00); plus Five Dollars ($5.00) per year for each salesman or agent, as licensed and registered with the broker under State of California Real Estate Board regulations provided that said salesman or agent has consumated during the previous license year at least one sale, or provides at least one list- ing or transacts at least one lease or rental agreement per year; plus Five Dollars ($5.00) per year, as calculated under Section 6111 of Chapter I, herein, for each employee as defined by Section 6100(j) of Chapter I, herein. SECTION 8. That Section 6218 of Chapter II be created as follows: 6218. Garage Sales Each person conducting more than two (2) garage sales per year from their private residence wherein goods or merchandise which were not originally purchased for resale and which are being offered for sale to the general public, shall pay an annual business license fee in accordance with Section 6201 of this Chapter. No business license will be issued if the garage sale as conducted is contrary to provisions of the City of Morro Bay zoning regulations. Each person conducting two (2) or less garage sales per year, shall be required to apply for a no -fee business license for each such garage sale. SECTION 9. That Section 6219 of Chapter II be created as follows: Ordinance No. 94 Page five 6219. Flea Markets Each person sponsoring or organizing a Flea Market wherein merchandise and goods are offered for sale to the general public shall pay a business license fee of Fifteen Dollars ($15.00) per day for each day during which the Flea Market is open to the public. SECTION 10. That Section 6220 of Chapter II be created as follows: 6220. Art, Hobby or Handicraft Shows and Exhibitions Each person sponsoring or organizing an art, hobby or handicraft show or exhibitions wherein goods, artifacts or articles are offered for sale to the general public shall pay a business license fee of Ten Dollars ($10.00) per day for each day during which the show or exhibition is open to the public, provided that the goods, artifacts or articles being offered for sale are the products of the individual exhibitors own skill or talent. SECTION 11. adoption, and prior the passage thereof general circulation Morro Bay and shall This ordinance shall take effect upon its to the expiration of fifteen (15) days from shall be published once in a newspaper of published and circulated in the City of thereafter be in full force and effect. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a meeting of said Council held this llth day of October, 1971 by the following roll call vote: AYES: Councilmen Donohoo, Keiser, McConaghay, Walters and Mayor Mitchell NOES: None ABSENT: None ATTEST: M. LITTLE, City Clerk 11° ALE C. MITCHELL, Mayor • • ORDINANCE NO. 93 AN ORDINANCE AMENDING SECTION 2403 OF CHAPTER 4 OF TITLE II 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 2403 of Chapter 4 of Title II of the Morro Bay Municipal Code be amended to read as follows: 2403 Council Meetings Regular meetings of the City Council shall be held on the 2nd and 4th Mondays of each month at 7:30 p.m. or the next succeeding day which is not a holiday. 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 once in a newspaper of general circulation, published and circulated in the City of Morro Bay, and thenceforth and thereafter the same shall be in full force and effect. PASSED AND ADOPTED by the City Council of the City of Morro Bay at the regular meeting thereof held on this 24th day of August, 1971 by the following roll call vote: AYES: Mayor Pro Tem Donohoo, Councilmen Keiser, McConaghay and Walters NOES: None ABSENT: Mayor Mitchell ATTEST: jit' LE, City Clerk FRED R. DONOHOO, Mayor Pro Tem • ORDINANCE NO. 92 AN ORDINANCE AMENDING SECTION 11102.9 OF CHAPTER I OF TITLE XI 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•}ll02.9 of Chapter 1 of Title XI of the Morro Bay Municipal Code be amended to read as follows: 11102.9 Redemption Fees The owner or person entitled to the custody of a dog impounded shall pay the following fees, effective July 1, 1971, to the Poundmaster before such dog is released: (a) Registration of license fee for then current year unless such fee has been previously paid and evidence of paid fee adequately exhibited. (b) Impound fee of Ten Dollars ($10.00) for the first occasion of any dog impounded within a calendar year. (c) Impound fee of Twenty -Five Dollars ($25.00) for the second occasion of any dog impounded within a calendar year. (d) Impound fee of Fifty Dollars ($50.00) for the third and each subsequent occasion of any dog impounded within a calendar year. SECTION 2. This ordinance is being enacted to take effect immediately in accordance with Section 36937 of the Government Code �f the State of California. This ordinance is required for the immediate preservation of the public peace, health, and safety. Lack of restrictive impound fees has caused a disregard by many dog owners of the leashing re- quirements of the animal regulation ordinance and a resultant im- position on the peace, health, and safety of the citizens of Morro Bay. • • ORDINANCE NO. 92 Page two . PASSED AND ADOPTED by the City Council of the City of Morro Bay at a meeting of said Council held this 22 day of June, 1971, by the following roll call vote: AYES: Councilmen Donohoo, Keiser, McConaghay, Walters and Mayor Mitchell NOES: None ABSENT: None ATTEST: TLE, City Clerk 1011&621, T/ QAMxd Mayor • • ORDINANCE NO. 91 AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE FISCAL YEAR 1971 -72 T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, A City is required to make, from time to time, a variety of expenditures in order to provide day -to -day service for which it is responsible; and WHEREAS, The City Council finds and determines that the efficiency and economy of City government would be substantially impaired if such expenditures could not be made or such obligations incurred on a daily basis as the need arises; and WHEREAS, Section 37208 of the Government Code of the State of California provides that payment or demands conforming to a budget approved by ordinance need not be audited by the City Council prior to payment: NOW, THEREFORE, the City Council of the City of Morro Bay does ordain as follows: SECTION 1. That certain document entitled "Final Budget, City of Morro Bay, Fiscal Year 1971 -72 ", dated June 22, 1971, is hereby approved and adopted as the Final Budget for Expenditures for the City of Morro Bay for the Fiscal Year 1971 -72. SECTION 2. This ordinance is necessary, under Section 36937 of the Government Code of the State of California, for the immediate preservation of the public peace, health, or safety, and shall therefore take effect immediately upon its adoption. PASSED AND ADOPTED by the City Council of the City of Morro Bay at the Egular meeting thereof held this 22nd day of June, 1971 by the following roll call vote: AYES: Councilmen Donohoo, Keiser, McConaghay, Walters and Mayor Mitchell NOES: None ABSENT: None ATTEST: LE C. MITC , Mayor • • ORDINANCE NO. 90 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF MORRO BAY (LOTS 8, 9, 10, 11, 12, AND 21, BLOCK 2 -D, ATASCADERO BEACH) T H E C I T Y C O U N C I L City of Morro Bay, California The City Council of the City of Morro Bay does ordain as follows: SECTION 1. The Zoning Map of the City of Morro Bay, adopted pursuant to Section 5103.2 of the Morro Bay Municipal Code, shall be and is hereby amended to change the zoning on the following described property from R -1, S -1 to R -2, S -9, with the S -9 to be a combination of S -7 and S -8 requirements, special treatment designation: All that property generally described as Lots 8, 9, 10, 11, 12, and 21, Block 2 -D, Atascadero Beach, City of Morro Bay. SECTION 2. This ordinance shall take effect and be in full force and effect thirty (30) days after its passage, and before the expiration of fifteen (15) days after the passage of this ordinance, it shall be published once with the names of the members of the City Council voting for and against the ordinance in a newspaper of local circulation published within the City of Morro Bay. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a meeting of said Council held this 22 day of June 1971 on the following roll call vote: AYES: Councilmen Donohoo, Keiser, McConaghay, Walters and Mayor Mitchell NOES: None ABSENT: None ATTEST: / 7 . M. J. LITTLE, City Clerk • ALE C. MITCHEL , Mayor • ORDINANCE NO. 89 AN ORDINANCE REPEALING CHAPTERS I, II, III, AND IV OF TITLE VI OF THE MORRO BAY MUNICIPAL CODE AND CREATING NEW CHAPTERS I, II, AND III OF TITLE VI OF THE MORRO BAY MUNICIPAL CODE ENTITLED "BUSINESS LICENSES" 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 Chapters I, II, III, and IV of Title VI of the Morro Bay Municipal Code entitled "Business Licenses" be and are hereby repealed except that the provisions thereof shall continue to apply for licenses whose expiration date exceeds the effective date of this ordinance. SECTION 2. That Chapters I, II, and III of Title VI of the Morro Bay Municipal Code entitled "Business Licenses" are hereby created as follows: CHAPTER I GENERAL 6100. Definitions (a) Person. As used in this Title, "person" includes all corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, Massachusetts business or common law trusts, societies, and individuals transacting and carrying on any business in the City of Morro Bay, other than as an employee. (b) Business. As used in this Title, "business" includes professions, trades, and occupations and all and every kind of calling, whether or not carried on for profit. (c) City. As used in this Title, "City" means the City of Morro Bay, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, enlarged, or re- incorporated form. (d) Vehicle. As used in this Title, "vehicle" means and includes every device in, upon, or by which any person or property is or may be transported or drawn upon a public street or highway, except devices moved solely by human power. (e) Wholesale business. As used in this Title, "wholesale business" means every business conducted solely for the purpose of selling goods, wares, or merchandise in wholesale lots. ORDINANCE NO. 89 Page Two (f) Jobbing business. As used in this Title, "jobbing business" means every business conducted solely for the purpose of selling goods, wares, or merchandise in job lots to wholesale merchants for resale at wholesale to the trade by said wholesale merchants. (g) Retail business. As used in this Title, "retail business" means every business not herein otherwise defined conducted for the purpose of selling or offering to sell any goods, wares, or merchandise. (h) Fixed place of business. As used in this Title, "fixed place of business" means the premises in the City occupied for the particular purpose of conducting the business thereat, and regularly kept open for the purpose with a competent person in attendance for the purpose of attending to such business. (i) Manufacturer. As used in this Title, "manufacturer" means one engaged in making materials, raw or partially finished, into wares suitable for use. (j) Employee. As used in this Title, "employee," when used in determining the number of employees used in any business licensed and taxed under this Title, means all persons engaged in the operation or conduct of any business, whether an owner, any member or owner, any member of owner's family, partner, agent, manager, solicitor, and any and all other persons employed or working in said business; provided such persons' wages, salaries, or fees are reported to State or Federal agencies under the provisions of State or Federal income, social security, or unemployment insurance laws. A fraction of an employee shall be considered an employee. (k) Sale. As used in this Title, "sale" means the transfer in any manner or by any means whatsoever, of title to property for a consideration; the serving, supplying, or furnishing for a consideration of any property; and a transaction whereby the possession of property is trans- ferred and the seller retains the title as security for the payment of the price; and a transaction whereby services are rendered or use of facilities, skills, or property is granted shall likewise be deemed a sale. The foregoing definitions shall not be deemed to exclude any transaction which is or which, in effect, results in a sale within the contemplation of the law. (1) Sworn statement. As used in this Title, "sworn statement" means an affidavit sworn to before a person authorized to take oaths, or a declaration or certification made under penalty of perjury. (m) Collector. As used in this Title, "Collector" means any City officer charged with the administration of this ordinance. • • ORDINANCE NO. 89 Page Three 6101. Purpose Chapters I, II, and III of this Title are enacted for revenue purposes. 6102. Substitute for Other Revenue Ordinances Persons required to pay a license fee for transacting and carrying on any business as defined herein shall not be relieved from payment of any license fee or tax for the privilege of doing such business required under any other title of the Morro Bay Municipal Code and shall remain subject to the other regulatory provisions of this Code. 6103. Effect of This Title on Past Actions and Obligations Previously Approved The adoption of this Title shall not in any manner be con- strued to affect prosecution for violation of any other provision of the Code committed prior to the effective date hereof nor be construed as a waiver of any license or any penal provision applicable to any such violation, nor be construed to affect the validity of any bond or cash deposit required by any ordinance to be posted, filed, or deposited and all rights and obligation there- unto appertaining shall continue in full force and effect. 6104. License and Tax Payment Required (a) There are hereby imposed upon the businesses, trades, pfofessions, callings, and occupations specified in this Title license fees in the amounts hereinafter prescribed. It shall be unlawful for any person to transact and carry on any business, trade, profession, calling, or occupation in the City of Morro Bay without first having obtained a license from said City so to do or without complying with any and all applicable provisions of this Title and of this ordinance. (b) This section shall not be construed to require any person to obtain a'license prior to doing business within the City if such requirement conflicts with applicable statutes of the United States or of the State of California. 6105. Separate Licenses Required A separate license must be obtained for each branch establishment or location of the business transacted and carried on and for each category of business at the same location, and each license shall authorize the licensee to transact and carry on only the business licensed thereby at the location or in the manner designated in such. license; provided that warehouses and distributing plants used in connection with and incidental to a business licensed under the provisions of this ordinance shall not be deemed to be separate places of business or branch establishments. If two (2) or more businesses are conducted on the same premises by one (1) person, as defined herein, and the employees • • ORDINANCE NO. 89 Page Four are employed by and serve all businesses so located, only one (1) license fee shall be levied based upon the number of employees employed and each other business shall be subject to the license fees assigned herein to the appropriate business category. 6106. Evidence of Doing Business When any person shall by use of signs, circulars, cards, telephone book, or newspapers, advertise, hold out, or represent that he is in business in the City, or when any person holds an active license or permit issued by a governmental agency indicating that he is in business in the City, and such person fails to deny by a sworn statement given to the Collector that he is not con- ducting a business in the City, after being requested to do so by the Collector, then these facts shall be considered prima facie evidence that he is conducting a business in the City. 6107. Constitutional Apportionment None of the license taxes provided for by this Title shall be so applied as to occasion an undue burden upon interstate commerce or be violative of the equal protection and due process clause of the Constitution of the United States and the State of California. In any case where a license tax is believed by a licensee or applicant for a license to place an undue burden upon interstate commerce or be violative of such Constitutional clauses, he may apply to the Collector for an adjustment of the tax. Such application may be made before, at, or within six (6) months after payment of the prescribed license tax. The applicant shall, by sworn statement and supporting testimony, show his method of business and such other information as the Collector may deem necessary in order to determine the extent, if any, of such undue burden or violation. The Collector shall then conduct an investi- gation, and, after having first obtained the written approval of the City Attorney, shall fix the license tax for the applicant, an amount that is reasonable and non - discriminatory, or, if the license tax has already been paid, shall order a refund of this amount over and above the license tax so fixed. 6108. Exemptions (a) Charitable and nonprofit organizations. The provisions of this Title shall not be deemed or construed to require the payment of a license fee to conduct, manage, or carry on any business, occupation, or activity from any institution or organization which is conducted, managed, or carried on wholly for the benefit of charitable purposes or from which profit is not intended to be derived, either directly or indirectly, by any individual; nor shall any license tax be required for the conducting of any entertainment, dance, concert, exhibition, or lecture within the City whenever the receipts of any such entertainment, concert, dance, exhibition, or lecture are to be appropriated to any church, school, civic, fraternal, religious, or benevolent purpose; nor shall any license fee be required for the conducting 0 ORDINANCE NO. 89 Page Five of any entertainment, dance, concert, exhibition, or lecture by any religious, civic, charitable, fraternal, educational, military, state, county, or municipal organization or association whenever the receipts of any such entertainment, dance, concert, exhibition, or lecture are to be appropriated for the purpose and objects for which such organization or association was formed and from which profit is not derived, whether directly or indirectly, by any individual; provided, however, that nothing in this section shall be deemed to exempt any such organization or association from complying with any of the provisions of this Title requiring a permit from the City Council for any commission or officer to conduct, manage, or carry on any profession, trade, calling, or ocbupation. (b) Disabled veterans. No license fee payable hereunder shall be payable by any person who has received an honorable discharge or release from active duty in one of the United States armed services, who is physically unable to obtaina livelihood by manual labor, and who is a voter of this State. (c) Highway carriers. None of the license fees provided for by this Title shall be applied to carriers operating under the jurisdiction of the State of California Public Utilities Commission who pay a business license tax levied pursuant to the "Highway Carriers Uniform Business License Tax Act." (d) Any person claiming an exemption pursuant to this section shall file a verified statement with the Collector stating the facts upon which exemption is claimed. The' Collector, upon a proper showing contained in a verified statement, shall issue a license to such person claiming exemption under this section without payment to the City of the license fee required by this Title. The Collector, after giving notice and a reasonable opportunity for hearing to a licensee, may revoke any license granted pursuant to the provisions of this section upon information that the licensee is not entitled to the exemption as provided herein. 6109. Contents of License Every person required to have a license under the provisions of this Title shall make application for the same to the Collector, and upon the payment of the prescribed license fee, the Collector shall issue to such person a license which shall contain the name of the person to whom the license is issued, the business licensed, the place where such business is to be transacted and carried on, the date of expiration of such license, and.such other information as may be necessary for the enforcement of the provisions of this ordinance. 6110. Application - First License Upon a person making application for the first license to be issued hereunder or for a newly - established business, such person • • ORDINANCE NO. 89 Page Six shall furnish to the Collector a sworn statement, upon a form provided by the Collector, setting forth the following information: (a) The exact nature or kind of business for which a license is requested; (b) The place where such business is to be carried on, and if the same is not to be carried on at any permanent place of business, the place of residence of the owner of same; (c) In the event that application is made for the issuance of a license to a person doing business under a fictitious name, the application shall set forth the manner and place of residences of those owning said business; (d) In the event that the application is made for the issuance of a license to a corporation or a partnership, the application shall set forth the manner and place of residences of the officers or partners thereof; (e) In the event that the amount of the license tax to be paid by the applicant is based upon the average number of employees or the number of persons, spaces, or items of any kind used in or pertaining to his business, he shall state in said application the annual average number of employees employed or used in the business during the preceding twelve (12) months, or the number of such persons, spaces, or items used in or pertaining to his said business; and the license tax for the ensuing year shall be computed on such figures;. (f) Upon a person making application for a newly - established business or a business which has not been operated for twelve (12) months immediately preceding the application, in all cases where the amount of tax to be paid is based upon the average number of persons employed, the applicant shall state the estimated annual average number of employees expected to be employed or used in the business; and the license tax for the ensuing period shall be,based on that figure. 6111. Determination of Average Number of Employees The annual average number of employees in any business shall be determined by totaling the annual working hours of all full - time, part -time, and seasonal employees, or any combinations thereof, and dividing that total by two thousand (2000). 6112. Duration of License All licenses issued hereunder shall expire on the first thirtieth day of June occurring after effective date thereof. • • ORDINANCE NO. 89 Page Seven 6113. Renewal License - Affidavit In all cases, the applicant for the renewal of a license shall submit to the Collector for his guidance in ascertaining the amount of the license tax to be paid by the applicant, a sworn statement, upon a form to be provided by the Collector, setting forth such information concerning the applicant's business during the preceding year as may be required by the Collector to enable him to ascertain the amount of the license tax to be paid by said applicant pursuant to the provisions of this ordinance. 6114. Statements Not Conclusive No statement shall be conclusive as to the matters set forth therein, nor shall the filing of the same preclude the City of Morro Bay from collecting by appropriate action such sum as is actually due and payable hereunder. Such statement and each of the several items therein contained shall be subject to audit and verification by the Collector, his deputies, or authorized employees of the City, who are hereby authorized to examine, audit, and inspect such books and records of any licensee or applicant for license, as may be necessary in their judgment to verify or ascertain the amount of license fee due. All licensees, applicants for licenses, and persons engaged in business in the City of Morro Bay are hereby required to permit any examinations of such books and records for the purposes afore- said. 6115. Information Confidential It shall be unlawful for the Collector or any person having an administrative duty under the provisions of this ordinance to make known in any manner whatever the business affairs, operations, or information obtained by any investigation of records and equip- ment of any person required to obtain a license, or pay a license tax, or any other person invited or examined in the discharge of official duty, or the amount or source of income, profits, losses, expenditures, or any particular thereof, set forth in any statement or application, or to permit any statement or application, or copy of either, or any book containing any abstract or particulars thereof to be seen or examined by any person. Provided that nothing in this section shall be construed to prevent: (a) The disclosure to, or the examination of records and equipment by, another City official, employee, or agent for collection of taxes for the sole purpose of administering or enforcing any provisions of this ordinance, or collecting taxes imposed hereunder; (b) The disclosure of information to, or the examination of records by, Federal or State officials or the tax officials of another city or county if a reciprocal arrangement exists, or to a grand jury or court of law, upon subpoena; (c) The disclosure of information and results of examination of records of particular taxpayers, or relating to • • ORDINANCE NO. 89 Page Eight particular taxpayers, to a court of law in a proceeding brought to determine the existence or amount of any license tax liability of the particular taxpayers to the City; (d) The disclosure after the filing of a written request to that effect, to the taxpayer himself, or to his successors, assignees, and guarantors as to the items included in the measure of any paid tax, any unpaid tax, or amounts of tax required to be collected, interest, and penalties; further provided, however, that the City Attorney approves each such disclosure and that the Collector may refuse to make any disclosure referred to in this paragraph when in his opinion the public interest would suffer thereby; (e) The disclosure of the names and addresses of persons to whom licenses have been issued, and the general type or nature of their business; (f) The disclosure by way of public meeting or otherwise of such information as may be necessary to the City Council in order to permit it to be fully advised as to the facts when a taxpayer files a claim for refund of license taxes, or submits an offer of compromise with regard to a claim asserted against him by the City for license taxes or when acting upon any other matter; (g) The disclosure of general statistics regarding taxes collected or business done in the City. 6116. Failure to File Statement If any person fails to file any required statement within the time prescribed, or if after demand therefore made by Collector, he fails to file a corrected statement, Collector may determine the amount of license tax due from such person by means of such information as he may be able to obtain. If such a determination is made, the Collector shall give a notice of the amount so assessed by serving it personally or by depositing it in the United States Post Office at Morro Bay, California, postage prepaid, addressed to the person so assessed at his last known address. Such person may, within fifteen (15) days after the mailing or serving of such notice, make application in writing to the Collector for a hearing on the amount of the license tax. The Collector shall cause the matter to be set for hearing within thirty (30) days before the City Council. The Collector shall give at least ten (10) days notice to such person of the time and place of hearing in the manner prescribed above for serving notices of assessment. The Council shall consider all evidence produced, and shall make finding thereon, which shall be final. Notice of such findings shall be served upon the applicant in the manner prescribed above for serving notices of assessment. 6117. Appeal Any person aggrieved by any decision of the Collector with respect to the issuance or refusal to issue such license may appeal • • ORDINANCE NO. 89 Page Nine to the City Council by filing a written notice of appeal with the Clerk of the Council. The Council shall thereupon fix a time and place for hearing such appeal. The City Clerk shall give notice to such a person of the time and place of hearing by serving it personally or by depositing it in the United States Post Office at Morro Bay, California, postage prepaid, addressed to such person at his last known address. The Council shall have authority to determine all questions raised on such appeal. No determination shall conflict with any substantive provision of this Title. 6118. Transfer of Licenses Any business license under this chapter may be transferred to another licensee or location upon application and the payment of the fee of Two Dollars ($2.00) to the Collector to have the license amended, provided an application and payment of fee is made within fifteen (15) days after such transfer, or a new license will be due and payable for the remainder of the license period. 6119. Duplicate License A duplicate license may be issued by the Collector to replace any license previously issued hereunder which has been lost or destroyed upon the licensee filing statement of such fact, and at the time of filing such statement paying to the Collector a duplicate license fee of Two Dollars ($2.00). 6120. Additional Power of Collector In addition to all other powers conferred upon him, the Collector shall have the power, for good cause shown, to extend the time for filing any required sworn statement for a period not exceeding thirty (30) days, and in such case to waive any penalty that would otherwise have accrued; and shall have the further power, with the consent of the Council, to compromise any claim as to the amount of license tax due. 6121. Posting and Keeping Licenses All licenses must be kept and posted in the following manner: (a) Any licensee transacting and carrying on business at a fixed place of business in the City of Morro Bay shall keep the license posted in a conspicuous place upon the premises where such business is carried on. (b) Any licensee transacting and carrying on business, but not operating at a fixed place of business in the City of Morro Bay, shall keep the license upon his person at all times while transacting and carrying on such business. 6122. License Fee - How and When Payable Unless otherwise specifically provided, all annual license taxes, under the provisions of this chapter, shall be due and payable in advance on the first day of July each year; provided that license taxes covering new operations commenced after the first ORDINANCE NO. 89 Page Ten day of July may be pro -rated for the balance of the license period as follows: (a) If application is made during the quarter beginning July first, 100 percent of such fee shall be paid; (b) If application October first, (c) If application January first, is made during the quarter beginning 75 percent of said fee shall be paid; is made during the quarter beginning 50 percent of said fee shall be paid; (d) If application is made during the quarter beginning April first, 25 percent of said fee shall be paid. Except as otherwise herein provided, license fees, other than annual, required hereunder shall be due and payable as follows: (a) Semi - annual license fees, on the first day of July and the first day of January each year; (b) Quarterly license fees, on the first day of July, October, January, and April of each year; (c) Monthly license fees on the first of the month; (d) Weekly license fees on Monday of each week in advance; (e) Daily license fees each day in advance. 6123. Penalties for Failure to Pay Fee When Due For failure to pay a license fee when due, the Collector shall add a penalty of 10 percent of said license tax on the last day of each month after the due date thereof, providing that the amount of such penalty to be added shall in no event exceed 100 percent of the amount of the license tax due. 6124. Unlawful Businesses No license issued under the provisions of this Title shall be construed as authorizing the conduct of or continuance of any illegal or unlawful business. 6125. Refunds of Overpayment No refund of an overpayment of taxes imposed by this Title shall be allowed in whole or in part unless the claim for refund is filed with the Collector within a period of three (3) years from the last day of the calendar month following the period for which the overpayment was made, and all such claims for refund of the amount of the overpayment must be filed with the Collector on forms furnished by him and in the manner prescribed by him. Upon the filing of such claim and when he determines that an over- payment has been made, the Collector may refund the amount overpaid. 6126. License Fee - A Debt The amount of any license fee imposed by the provisions of • ORDINANCE NO. 89 Page Eleven this Title shall be deemed a debt to the City of Morro Bay. Any action may be commenced in the name of said City in any court of competent jurisdiction for the amount of any delinquent license fees and penalties. 6127. Criminal and Civil Action Authorized for Failure to Pay The conviction and imprisonment of any person for engaging in any business without first obtaining a license to conduct such business shall not relieve such person from paying the license tax to conduct such business, nor shall the payment of any license tax prevent a criminal prosecution for the violation of any of the provisions of this Title. All remedies prescribed hereunder shall be accumulative and the use of one or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing the provisions hereof. 6128. Concessions Every person who operates any business, whether upon a cost, rental, or commission basis, as a concession or upon a rented floor space in or upon a premise of any person licensed under any pro- vision of this Title, shall be required to obtain a separate and independent license pursuant to the appropriate provisions of this Title, and shall be subject to all provisions of this Title regulatory, directive, or penal. CHAPTER II FEES FOR BUSINESS LICENSES 6200. License Tax - General Every person transacting and carrying on the businesses herein enumerated shall "pay a license tax as specified in this chapter. 6201. Retailing, Wholesaleing, Manufacturing, Fabricating, Processing, Jobbing, and Other Services, Businesses, Occupations, or Professions Not Specifically Enumerated Every person conducting or carrying on a business consisting of selling and retailing any goods, wares, or merchandise or commodities or other things of value in a fixed place of business in the City of Morro Bay or of manufacturing, wholesaleing, fabricating, processing, or jobbing any goods, wares, merchandise, or things of value, and each and every trade, profession, service, or occupation carried out within the City, not otherwise specifically enumerated or taxed in this chapter, shall pay an annual license tax based upon the average number of employees at the following rates: Minimum - Twenty -Five Dollars ($25.00) including one (1) employee as herein defined. Each additional employee - Five Dollars ($5.00). • • ORDINANCE NO. 89 Page Twelve 6202. Delivery by Vehicle Every person who makes wholesale or retail deliveries for business services by vehicle within the City and who does not pay a City license tax under the provisions of any other section of this chapter or who is not exempt from payment of license fees by virtue of interstate commerce or highway carriers exemptions, shall pay an annual license tax of Twenty -Five Dollars ($25.00) for one (1) or more vehicles. 6203. Apartments, Motels, Hotels, Multiple Dwellings, Rest Homes, Rooming Houses, Hospitals, and Sanitariums Multiple dwellings and apartments of four (4) or more units; hotels, motels, and rooming houses with four (4) or more rooms; rest homes, hospitals, and sanitariums with the capacity of four (4) or more persons shall pay an annual license fee of Twenty - Five Dollars ($25.00) plus One Dollar ($1.00) per annum for each unit, room, or person cared for, over four (4). 6204. Trailer (house), Travel Trailer Park, or Mobile Home Park Persons having one (1) to four (4) rental spaces shall pay Twenty -Five Dollars ($25.00) per annum. Persons having more than four (4) rental spaces shall pay Twenty -Five Dollars ($25.00) per annum plus One Dollar ($1.00) per annum for each rental space over four (4). 6205. Home Occupations Each home occupation constituting a business and not otherwise specifically enumerated or taxed in this chapter shall pay an annual license tax in accordance with the schedule enumerated in section 6201 of this chapter. No business license will be issued if the home occupation as conducted is contrary to provisions of the City of Morro Bay zoning regulations. 6206. Contractor A contractor, within the meaning of this section, is a person who for either a fixed sum, price, fee, percentage, or other compensation, other than wages, undertakes or offers to undertake with another, or purports to have the capacity to undertake with another to construct, alter, repair, add to, or improve any building, highway, road, railroad, excavation, or other structure, project, development, or improvement, other than personally, or to do any part thereof; provided, that the term contractor as used in this chapter shall :include' c sub - contractor, but shall not include anyone who merely furnishes materials or supplies without fabricating the same into, or consuming the same in the performance of the work of the contractor hereby defined; and shall not include any owner - builder who is exempt under the pro- visions of the State Contractors License Law. A general building contractor is a contractor whose principal contracting business is in connection with any structure built, being built, or to be built for the support, shelter, and enclosure of persons, animals, chattels, or movable property of any kind, requiring in its construction the use of more than two (2) • • ORDINANCE NO. 89 Page Thirteen unrelated building trades or crafts, or to do or superintend the whole or any part thereof. Persons licensed under this provision shall pay an annual license tax of Fifty Dollars ($50.00) or Twenty -Five Dollars ($25.00) per job, not to exceed a total payment of Fifty Dollars ($50.00) in any one tax year. A specialty contractor is a contractor whose operations as such are the performance of work requiring special skill and whose principal contracting business involves the use of specialized building trades or crafts. Included within but not limited to this catagory are electrical, plumbing, pipeline, sewer, grading, street, paving, house moving, trenching, or excavating contractors. Persons licensed under this provision shall pay an annual license tax of Twenty -Five Dollars ($25.00) per year or Five Dollars ($5.00) per job, not to exceed a total payment of Twenty -Five Dollars ($25.00) in one tax year. It shall be the responsibility of the prime contractor or the owner - builder at the time of the application for a building or construction permit, to provide the Collector with a certified list of those specialty contractors who have been engaged or are intended to be engaged in the completion of the job for which the building or construction permit is issued. The Collector shall requite: that each specialty contractor so listed have a valid business license as defined herein. The inspecting City depart- ment will not issue the certificate of occupancy or certificate of completion on any job until each specialty contractor who worked on the job has been properly licensed as defined herein. Every person engaged in the business of contracting shall show evidence that he holds a valid State contractor's license before a City license will be issued under the provisions of this Title. 6207. Carnivals and Circuses For the business of conducting a carnival or circus of one (1) ring or more, the license fee shall be One Hundred Dollars ($100.00) per day, and such license shall cover all shows, exhibitions, and entertainments, and all sales stands, eating stands or places, and the peddling of all novelties or notions and other activity for profit growing out of and as a part of such circus or carnival; such peddling to be conducted within the carnival or circus grounds only. Application for any such license under this section must be made to the City Council which, under its police powers, reserves the right to deny any application for such license, and the Chief of Police shall direct what shows, exhibitions, or entertainments or activities are proper under such license and his decisions shall be final and conclusive. 6208. Rides, Shows, Public Dances, and Exhibitions For the business of exhibiting animals or birds, trained or otherwise, or trick riding, wire dancing, or other exhibitions where a fee or admission is charged or collection taken other than under a carnival or circus license, and not operating from a fixed place of business, the license fee shall be Ten Dollars ($10.00) per day. For the business of operating a merry -go- round, revolving • • ORDINANCE NO. 89 Page Fourteen wheel, chute, toboggan, slide, mechanical riding contrivance, or pony rides, other than under a carnival or circus license, the license fee shall be Ten Dollars ($10.00) per day. For the business of conducting any tent show or itinerant show of any kind, other than a circus or carnival at which an admission fee is charged, collected, or received, the license fee shall be Twenty -Five Dollars ($25.00) per day. For the business of conducting any wrestling or boxing exhibition or show, the license fee shall be Ten Dollars ($10.00) per day. For the business of conducting a public dance at which an admission fee is charged, the license tax shall be Ten Dollars ($10.00) for each such public dance. 6209. Coin Operated Machines For every person maintaining, operating, or offering for operation on premises owned, leased, or controlled by him any coin operated machine, except those machines used for laundry and dry cleaning purposes, the license tax fee shall be as follows: (a) Amusement machine, phonograph, or music machine - Twenty - Five Dollars ($25.00) per year for each such machine; (b) Merchandise and service machines (when the price per unit is five cents (5) or less) - Five Dollars ($5.00) per year per machine; (c) Merchandise and service machines (when the price per unit is more than five cents (5C)) - Fifteen Dollars ($15.00) per year for each such machine. All coin operated machines shall be identified with the machine owner's name, address, and telephone number permanently attached to the machine where it can readily be seen on the front thereof. All coin operated machines not labeled as required by this section shall be considered unlicensed and will be removed from the premises by the Collector and held for thirty (30) days. If unclaimed after thirty (30) days, the machine will be considered abandoned and disposed of as provided for the disposition of unclaimed property. 6210. Skating Rink For every skating rink the license tax shall be the sum of Twenty -Five Dollars ($25.00) per year. 6211. Auctioneers For every person carrying on the business of an auctioneer in the City of Morro Bay and not operating a fixed place of business, the license fee shall be Twenty -Five Dollars ($25.00) per day,or, if operating a fixed place of business, the license fee shall be Twenty -Five Dollars ($25.00) per year. • • ORDINANCE NO. 89 Page Fifteen 6212. Fire, Wreck, or Bankrupt Sale For the business of conducting a fire, wreck, or bankrupt sale, the license fee shall be Thirty -Five Dollars ($35.00) for each sale and an additional Twenty Dollars ($20.00) for each day any such sale is conducted in excess of three (3) days. For the purposes of this section, a "fire or wreck sale" is defined to be and include the sale of goods, salvage from a fire, wreck, or other calamity, or the sale of goods advertised as a fire or wreck sale. For the purpose of this section, a "bankrupt sale" shall include a sale for the benefit of creditors, either directly or indirectly, or a sale advertised as a bankrupt sale or sale for the benefit of creditors. This section shall not apply to any stocks or goods owned by any person having a regular, fixed place of business in this City whose stocks or goods have been damaged by fire, water, wreck, or other such calamity occurring in the City. 6213. Money Lenders and Pawn Shops For every person carrying on the business of money lending or operating a pawn shop, an annual license tax of One Hundred Dollars ($100.00) shall be charged; and each person is hereby required to keep a book in which shall be entered at the time of purchase, written legibly in the English language, a true and accurate description of every article purchased, pledged with, or received by him; the name, residence, and an accurate description of the vendor or person from whom received; the amount paid for such articles; and the date and hour of purchase or receipt. Such books shall be preserved intact for the period of one (1) year from the date of the last entry therein; and shall be exhibited upon request to any police officer of said City. The City Council shall have the power to revoke any such pawn broker's license without notice, and the money representing the unused portion of such license shall be forfeited to said City. 6214. Second Hand Stores and Junk Dealers For every person carrying on the business of a second hand store or dealing in junk, an annual license tax in accordance with the schedule enumerated in section 6201 of this chapter shall be charged; and each such person is hereby required to keep a book in which shall be entered at the time of purchase, written legibly in the English language, a true and accurate description of every article purchased or received by him; the name, residence, and an accurate description of the vendor or person from whom received; the amount paid for such article; and the date and hour of purchase or receipt. Such books shall be preserved intact for the space of one (1) year from the date of the last entry therein; and shall be exhibited upon request to any police officer of said City. Said City Council shall have the power to revoke any such second hand junk dealer's license without notice, and the money representing the unused portion of such license shall be forfeited to said City. • • ORDINANCE NO. 89 Page Sixteen 6215. Peddlers, Solicitors, or Itinerant Merchants For the purpose of this section, a "peddler "means and includes every person not having a fixed place of business in the City, and not an agent of a principal having a fixed place of business in the City; who travels from place to place, or has a stand upon any public street, alley, or other public place, doorway of any building, unenclosed or vacant lot, or parcel of land, who sells or offers for sale and retail any goods in his possession. For the purpose of this section, a "solicitor" means and includes every person who engages in the business of going from house to house, place to place, or in or along the streets within the City, selling or taking orders for or offering to sell or take orders for goods, wares, merchandise, or other things of value that are not to be used for resale or become a part of any stock to be offered for sale. For the purpose of this section, "itinerant merchant" means and includes every person who engages in temporary business in the City for 180 days or less, for the sale of merchandise or services and who, for such purpose, hires or occupies any building, vacant lot, or other facilities, or a portion thereof. Every person carrying on the business of peddler, as defined herein, shall pay a license tax of Ten Dollars ($10.00) per day. Every person carrying on the business of solicitor, as defined herein, shall pay a license tax of Twenty Dollars ($20.00) per day plus Ten Dollars ($10.00) for each solicitor so engaged. Any person carrying-on the business of itinerant merchant, as defined herein, shall pay a license tax of Ten Dollars ($10.00) per day; Twenty Dollars ($20.00) per week; Thirty Dollars ($30.00) per month; Forty Dollars ($40.00) per quarter; and Fifty Dollars ($50.00) for 180 days. No person shall be required to pay a license fee for peddling any of his or their own agricultural, pastoral, or:daity products raised by himself or themselves in the State of California,. where the products sold are exclusivesly their own. This exemption shall not apply to nurseries or other commercial establishments who buy goods for resale as well as selling their own products. 6216. Public Utilities Public utilities serving customers within the City of Morro Bay shall pay an annual license fee of One Hundred Fifty Dollars ($150.00) unless the public utility company concerned pays a franchise tax to the City in excess of this amount, in which case no business license fee shall apply. CHAPTER III ENFORCEMENT 6300. who May Enforce It shall be the duty of the Collector, and he is hereby so • • ORDINANCE NO. 89 Page Seventeen - directed, to enforce each and all of the provisions of this Title, and the Chief of Police shall render such assistance in the enforce- ment hereof as may from time to time be required by the Collector or the City Council. The Collector, in the exercise of his duties imposed upon him hereunder, and acting through his deputies or duly authorized assistants or the Chief of Police, shall examine or cause to be examined all places of business in the City to ascertain whether the provisions of this Title have been complied with. The Collector and each and all of his deputies, duly authorized assistants, and the Chief of Police and any police officer shall have the power and authority to enter, free of charge and at any reasonable time, any place of business required to be licensed herein, and demand an exhibition of its license certificate. 6301. Remedies Cumulative All remedies prescribed hereunder shall be cumulative and the use of one or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing the provisions hereof. 6302. Penalty for Violation Any person violating any of the provisions of this chapter or knowingly or intentionally misrepresenting to any officer or employee of this City any material fact in procuring the license or permit herein provided for shall be deemed guilty of a mis- demeanor, and upon conviction thereof shall be punishable by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment for a period of not more than six (6) months, or by both such fine and imprisonment. 6303. Severability If any section, subsection, sentence, clause, phrase, or portion of this chapter is for any reason held to be invalid or unconstituional by the decision of any court of competent juris- diction, such decision shall not affect the validity of the remaining portions of this chapter. The City Council of this City hereby declares that it would have adopted this chapter and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one (1) or more sections, subsections, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 3. This ordinance shall take effect upon its adoption, and prior to the expiration of fifteen (15) days from the passage thereof shall be published once in a newspaper of general circulation published and circulated in the City of Morro Bay and shall thereafter be in full force and effect. • • ORDINANCE NO. 89 Page Eighteen PASSED AND ADOPTED by the City Council of the City of Morro Bay at a meeting of said City Council held this 11th day of May , 1971 by the following roll call vote: AYES: Councilmen Donohoo, Keiser, McConaghay, Walters, and Mayor Mitchell NOES: None ABSENT: None ATTEST: J■_LICTTL , ity Clerk 1. 122/Al, DALE C. MITCHELL, Mayor • • ORDINANCE NO. 88 AN ORDINANCE REPEALING SECTION 6112 OF TITLE VI OF THE MORRO BAY MUNICIPAL CODE AND CREATING A NEW SECTION 6112 OF TITLE VI 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. Section 6112 of Title VI Code entitled "License Fee - How and When adopted on the 24th day of November, 1964 SECTION 2. Section 6112 of Title VI Code entitled "License Fee - How and When as follows: of the Morro Bay Municipal Payable ", passed and is hereby repealed. of the Morro Bay Municipal Payable" is hereby created 6112 License Fee - How and When Payable Unless otherwise specifically provided, annual license fees under the provisions of this code shall be due and payable in advance on the first day of July of each year, commencing July 1, 1971; providing however, that for the license period from January 1, 1971 to June 30, 1971 inclusive, a semi - annual license fee in the amount of one -half of the annual license fee shall be due and payable in advance on January 1, 1971; and provided that license fees covering new operations, commencing after the first day of January, 1971 may be prorated for the balance of the license period. Except as otherwise herein provided, license fees, other than the annual required hereunder, shall be due and payable as follows: 1. Semi - annual license fees, on the first day of July 2. Quarterly license fees, on the first day of July, 3. Monthly license fees, on the first day of the month 4. Weekly license fees on Monday of each week in advance. 5. Daily license fees each day in advance. SECTION 3. This ordinance shall take effect thirty (30) days after the date of its adoption, and prior to the expiration of fifteen (15) days from the passage thereof shall be published once in a newspaper of general circulation published and circulated in the City of Morro Bay and shall thereafter be in full force and effect. and the first day of January of each year. October, January, and April of each year. in advance. • • ORDINANCE NO. 88 Page Two 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 November, 1970 by the following roll call vote: AYES: Councilmen Donohoo, Keiser, McConaghay, Walters, and Mayor Mitchell NOES: None ABSENT: None ATTEST: DALE- C. MITCHEL7 , -Mayor • • ORDINANCE NO. 87 AN ORDINANCE REPEALING SECTION 8516 OF CHAPTER V, TITLE VIII OF THE MORRO BAY MUNICIPAL CODE ENTITLED "MOTOR VEHICLES ON PUBLIC BEACHES" AND CREATING A NEW SECTION 8516 OF CHAPTER V, TITLE VIII ENTITLED "MOTOR VEHICLES ON PUBLIC PROPERTY" T H E C I T Y C O U N C I L City of Morro Bay, California The City Council of the City of Morro Bay does ordain as follows: SECTION 1. Section 8516 of Chapter V, Title VIII of the Morro Bay Municipal Code entitled "Motor Vehicles on Public Beaches" is hereby repealed. SECTION 2. There is hereby created a new Section 8516 of Chapter V, Title VIII of the Morro Bay Municipal Code entitled "Motor Vehicles on Public Property." 8516 Motor Vehicles on Public Property Except as excluded herein, no person shall drive any self - propelled motor vehicle on any public property within the City of Morro Bay unless such property has been improved or designated for the specific purpose of providing for the passage or parking of self - propelled motor vehicles. Public property as used in this ordinance shall mean any property owned by the United States of America, the State of California, the County of San Luis Obispo, or the City or Morro Bay or of any department or division thereof. EXCEPTIONS: (1) The provisions of this ordinance shall not be applicable to that portion of property located within the city limits of the City of Morro Bay commonly known as the sandspit, which forms the westerly boundary of the waters of Morro Bay. (2) The provisions of this ordinance shall not apply to any vehicle owned by any governmental agency or of any public utility corporation when such vehicle is being used to carry out the regular duties of such agency or utility, and shall not apply to golf carts when being used on a public golf course. SECTION 3. This ordinance shall take effect thirty (30) days after the date of its adoption, and prior to the expiration of fifteen (15) days from the passage thereof shall be published once in a newspaper of general circulation published and circulated in the City of Morro Bay and shall thereafter be in full force and effect. • • ORDINANCE NO. 87 Page Two Passed and adopted by the City Council of the City of Morro Bay at a meeting of said City Council held this 10 day of November , 1970 by the following roll call vote: AYES: Councilmen Donohoo, Keiser, McConaghay, and Mayor Mitchell NOES: Councilman Walters ABSENT: None ATTEST: M. J ITTL', City Clerk D C. MI TCH EFFECTIVE DATE - MAY 21, 1971 • • ORDINANCE NO. 86 AN ORDINANCE CREATING CHAPTER XIII TO TITLE II OF THE MORRO BAY MUNICIPAL CODE ENTITLED "POLICE RESERVE" 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 XIII of Title II of the Morro Bay Municipal Code entitled "Police Reserve" is hereby created as follows: CHAPTER XIII POLICE RESERVE 21301 Definitions Whenever in this ordinance the following terms are used, they shall have the meaning ascribed to them in this section, unless otherwise apparent from the context. (a) "City Administrator" shall mean the City Administrator of the City of Morro Bay. (b) "Chief" shall mean the Chief of Police of the City of Morro Bay. (c) "Reserve" shall mean the Morro Bay Police Reserve. (d) "Member" shall mean member of the Morro Bay Police Reserve. (e) "City" shall mean the City of Morro Bay. 21302. Establishment The Morro Bay Police Reserve is hereby established. Said Reserve shall consist of such number of persons as the City Council shall from time to time determine may be necessary. 21303 Membership - Physical Requirements Membership in the Reserve is open to both men and women in good health who are between twenty -one and forty -five years of age, at entry. The men are to be at least five feet nine inches in height and not more than six feet six inches, with weight pro- portional to their height. The weight of the women is to be in proportion to their height. Both the men and women are to have normal hearing; at least 20/30 vision in each eye; and not be color blind. • ORDINANCE NO. 86 Page Two 21304 Qualifications for Membership The Chief shall, by rule, prescribe the qualifications and standards by which applicants for membership in said Reserve shall be governed and persons possessing said qualifications and conforming to said standards may be appointed to said Reserve by the City Administrator on the recommendation of the Chief. Said standards shall be approved by the City Administrator. 21305 Membership Generally - Application, Investigation of Applicant, Oath No person is to be appointed a member of the Reserve until his application for membership has been thoroughly investigated and until he or she is able to meet all of the personal requirements set forth in this ordinance and as established in Standards for Appoint- ment to Police Reserve. When so qualified and appointed, the applicant shall then be sworn in by the Chief as a member of the Police Reserve. 21306 Membership - Probationary Period - Termination of Membership Any person appointed a member of the Reserve shall serve on a probationary status for a period of one year. During this period of time the membership of such person may be terminated by the City Administrator upon the recommendation of the Chief without the necessity of assigning any reason therefor. After completion of the probationary term, the membership of any person in the Reserve may be terminated for cause by the City Administrator upon the recommendation of the Chief. Any member may resign from the Reserve at any time upon written notification to the Chief of such resignation. 21307 Purpose of Reserve The purpose of the Reserve is to have a trained body of police reservists available to assist the regular members of the Police Department of the City, at such time as may be determined by the Chief or the Acting Chief. 21308 Duties of Reserve Members of the Reserve shall, subject to approval by the City Administrator, perform only such public service as may be specifically ordered by the Chief. Each member of the Reserve shall at all times be under the direction, supervision, and control of the Chief and shall assist the regular members of the Police Department in the enforcement of law, preservation of public safety, maintenance of peace, plus performing all assigned duties in the event of war, riot, insurrection, or other general common peril or disaster. It shall be unlawful for any person willfully to resist, delay, or obstruct any member of Reserve in the discharge or the attempt to discharge the duties of such office. • • ORDINANCE NO. 86 Page Three 21309 Carrying Firearms No member of the Reserve shall carry any firearm until he has qualified for and has actually received a written certificate of such qualification from the Chief. Such qualified member may carry firearms only in such a manner and at such time as may be prescribed by the Chief. 21310 Powers of Members While on duty, in the enforcement of the penal laws or ordinances of the State or ordinances of the City and in the performance of such other duties as may be designated by the Chief, or this ordinance, every duly authorized member of the Reserve shall be deemed to be an employee of the City and to have all the powers of a peace officer, and they shall possess the rating of a first year patrolman. 21311 Benefit for Members Members suffering injury arising out of and in the course of duties assigned to them by the Chief, are entitled to such medical care, hospitalization, and other benefits as the City of Morro Bay may, by resolution, provide, and to such benefits as said members shall be entitled under the Workmen's Compensation Law of the State of California. 21312 Uniforms The uniform, badge, and equipment to be worn and carried by the members shall be prescribed by the Chief with the approval of the City Administrator. 21313 False Use of Equipment It shall be unlawful for any person falsely to impersonate or represent himself to be a member of the Reserve, or to wear, use, or possess a badge, other insignia, or uniform of the color, type, or design used by the Reserve when he is in fact not such a member. 21314 Compensation of Members Members shall receive such compensation from the City for services rendered as may from time to time be prescribed by the City Council. SECTION 2. This ordinance shall take effect thirty days after the date of its adoption, and prior to the expiration of fifteen days from the passage thereof shall be published once in a newspaper of general circulation published and circulated in the City of Morro Bay and shall thereafter be in full force and effect. ORDINANCE NO. 86 Page Four Passed and adopted by the City Council of the City of Morro Bay at a meeting of said City Council held this 8th day of September, 1970 by the following roll call vote: AYES: Councilmen Donohoo, Keiser, McConaghay, Walters, and Mayor Mitchell NOES: None ABSENT: None ATTEST: M. J.a C.tY �? t clerk DALE C. MITCHEL , yor • • ORDINANCE NO. 85 AN ORDINANCE ADDING CHAPTER VIII TO TITLE XI OF THE MORRO BAY MUNICIPAL CODE MAKING THE CITY OF MORRO BAY A BIRD SANCTUARY 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 and the surrounding area have become known throughout the nation as a wild bird sanctuary of extreme importance; and WHEREAS, the protection of these wild birds is important to the residents of, and the visitors to, the City of Morro Bay: NOW, THEREFORE, the City Council of the City of Morro Bay does ordain as follows: SECTION 1: Chapter VIII to Title XI of the Morro Bay Muni- cipal Code entitled "Bird Sanctuary" is hereby created as follows: CHAPTER VIII BIRD SANCTUARY 11801. Morro Bay a Bird Sanctuary. The City of Morro Bay is hereby 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. 11802. Molesting Birds and Bird Eggs Prohibited. No person shall shoot any species of wild birds within the city and no person shall molest or damage the nest or eggs of any wild birds within the city. However, if the City Council, the City Administrator, or the City Poundmaster shall determine that starlings or other birds have become so numerous in any particular location or area as to be 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. SECTION 2: This ordinance shall take effect thirty (30) days after the date of its adoption, and prior to the expiration of fifteen (15) days from the passage thereof shall be published once in a newspaper of general circulation published and circulated in the City of Morro Bay and shall thereafter be in full force and effect. • • ORDINANCE NO. 85 Page Two Passed and adopted by the City Council of the City of Morro Bay at a meeting of said City Council held this 14th day of July , 1970, by the following roll call vote: AYES: Councilmen Keiser, McConaghay, Walters, and Mayor Mitchell NOES: Councilman Donohoo ABSENT: None ATTEST: M. . L 'TE, City Clerk DALE C. MITCHELL, Mayor • • ORDINANCE NO. 84 AN ORDINANCE REPEALING CHAPTER I OF TITLE XI OF THE MORRO BAY MUNICIPAL. CODE ENTITLED "ANIMAL REGULATIONS" AND CREATING A NEW CHAPTER I OF TITLE XI ENTITLED "ANIMAL REGULATIONS" 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 I to Title XI is hereby created as follows: CHAPTER I - ANIMAL REGULATIONS Article 1 - General 11101.1 Establishment of a Public Pound A Public Pound is hereby 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. Such Public Pound, or any authorized branches thereof, shall provide suitable buildings and enclosures to adequately keep and safely hold all such dogs, cats, animals, poultry, or household pets subject to be impounded by the provisions of this ordinance. 11101.2 Appointment of Poundmaster The office of City Poundmaster is hereby created. He shall be appointed by and serve at the pleasure of the City Council. It shall be the duty of the Poundmaster and his duly authorized deputies and employees to carry out the provisions of this ordinance and all applicable statutes of the State of California and he shall thereupon have charge of the said Public Pound hereby authorized and established. The Poundmaster shall serve for such period of time and shall receive such compensation as shall be established by the City Council. The Poundmaster and his deputies shall qualify as humane officers pursuant to California Civil Code, Section 607 (f). 11101.3 Authority as Peace Officers The Poundmaster and his duly authorized deputies shall have the power to issue citations for any violation of this ordinance. 11101.4 Badges The Poundmaster 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 Poundmaster, the word " Poundmaster" and in the case of the Deputy Poundmaster, the • ORDINANCE NO. 84 Page Two words, "Deputy Poundmaster", engraved thereon. Any person who has not been appointed as provided hereinabove, or whose appoint- ment has been revoked, who shall represent himself to be or shall attempt to act as such Deputy Poundmaster shall be guilty of a misdemeanor. 11101.5 Record of Poundmaster The Poundmaster shall keep a record of the number, description, and disposition of all dogs, cats, animals, poultry, 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, animals, poultry, and household pets, the reason for destruction, and such additional records as the City Council may from time to time feel necessary. 11101.6 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, trans- actions, and operations of the Public Pound. 11101.7 Unnecessary Noise No person shall keep, maintain, or permit on any lot or parcel of land, any dogs, cats, animals, poultry, or household pets, which by any sound or cry shall disturb the peace and comfort of any neighborhood. 11101.8 Abatement of Noise or Nuisance Whenever it shall be affirmed in writing by three (3) 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 that shall constitute a public nuisance, and the Poundmaster, if he finds such public nuisance to exist, shall serve notice upon the owner or custodian that such public nuisance shall be abated or the animal shall be impounded in a legal manner. If such 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 such to the owner or custodian unless adequate arrangements have been made by the owner or custodian to ensure abatement of the annoyance or public nuisance. 11101.9 Owners Responsibility to Dispose of Dead Animals, Dogs, Cats, Poultry, and Household Pets It shall be unlawful for any owner or person who, having had the possession or control of any animal, dog, cat, poultry, and household pet while alive, to place the body of such animal, dog, cat, poultry, and household pet, after its death, or cause to ORDINANCE NO. 84 Page Three • permit it to be placed or to knowingly allow or permit the same 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. 11101.10 Disposition of Dead Animals, Dogs, Cats, Poultry, and Household Pets Upon Request It shall be the duty of the Poundmaster upon the request of any owner of any dead animal, dog, cat, poultry, 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 animal, dog, cat, poultry, 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 forthwith bury or dispose of the same in such manner as may be prescribed by the Health Officer. The Poundmaster may charge and collect fees for the transportation and disposal of such animal, dog, cat, poultry, or household pet from the owner or person having had the possession or control of such if same can be ascertained. 11101.11 Definitions (a) Animals Whenever the word "animals" is used herein it includes horses, ponies, mules, jacks, jennies, cows, bulls, calves, heifers, sheep, goats, swine, rabbits, and all other domestic or domesticated animals other than household pets. (b) Poultry Whenever the term "poultry" is used it includes pigeons, ducks, geese, turkeys, chickens, and all other domestic or domesticated fowl other than household pets. (c) Household pets Whenever the term "household pets" is referred to herein it includes cats, dogs, canaries, parrots, and other kindred animals and birds usually and ordinarily kept as household pets. (d) Dog kennel A "dog kennel" is hereby defined to be any lot, building, structure, enclosure, or premises whereon or wherein four (4) or more dogs, four (4) months of age or older, are kept or maintained for any purpose whatsoever except dogs kept for the purposes of herding livestock or hunting; provided, however, that if other animals or birds or fowl are bought, sold, or bartered, the classification to apply shall be that of a pet shop; • • ORDINANCE NO. 84 Page Four and provided, further, that this definition of "dog kennel" shall not be construed as applying to a duly licensed veterinary hospital or any public pound. (e) Pet Shop A "pet shop" is hereby defined to be any lot, building, structure, enclosure, or premises whereon or wherein 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 of livestock, nor to the business or activities of a duly licensed veterinary hospital, nor to the business or activities of any public pound. 11101.12 Dog Kennels, Pet Shops; Regulations It shall be unlawful for any person, firm, corporation, or association to erect, establish, or maintain any dog kennel or pet shop, as defined in this ordinance without first obtaining a permit from the License Collector. The granting of such permit shall be in the discretion of the Health Officer who shall take into consideration the type of construction to be employed as it relates to sanitation and manner in which the animals, birds, or fowl are to be housed, as well as the character of the person, firm, corporation, or association making application and such zoning regulations as may now be in effect or adopted from time to time. Upon approval of the Health Officer, the License Collector, upon the payment of an annual license fee of Eight Dollars ($8.00) for the privilege of main- taining such dog kennels'or pet shops, shall issue to the applicant a license in such form as he may prescribe. Such annual license shall be for the calendar year or any part thereof during which said dog kennel or pet slop shall be maintained, and shall be due and payable in advance on the 1st day of January of each year, and shall expire on the 31st day of December of such year, provided the above mentioned permit has not been revoked. Every person, firm, or corporation maintaining a dog kennel or pet shop shall post a notice in a conspicuous place where it may be seen outside the locked premises, a notice listing names, addresses, and telephone numbers of persons who may be contacted in the event of an emergency. 11101.13 Dog Kennel, Pet Shop - Permit, Revocation Thereof The permit for the maintenance and operation of a dog kennel or pet shop may be revoked at any time for cause when, in the opinion of the Health Officer, such dog kennel or pet shop is not being properly maintained or operated. 11101.14 Duty of General Public It shall be unlawful for any person to resist, hinder, or obstruct the Poundmaster or any of his deputies or employees in the exercise of the duties as such Poundmaster. Any person who violates any of the provisions hereof declared to be unlawful, • • ORDINANCE NO. 84 Page Five shall be guilty of a misdemeanor. 11101.15 Limitations (a) Poultry and Rabbits No person shall keep upon any premises in the city any poultry or rabbits: (1) Within fifty feet (50') of any dwelling, or (2) If more then twelve (12) in all of any such rabbits or poultry are kept, within seventy -five feet (75') of any dwelling. No person shall keep upon any premises in the city more than twelve (12) such rabbits or poultry, except by special permit of the Council first had and obtained, or keep any rooster of crowing age within one hundred feet (100') 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 this ordinance. The owners or persons 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. (b) Swine, Hogs, Pigs No person shall keep upon any premises in the city any swine, hog, or pig, whatsoever. (c) Other Animals No person shall keep upon any premises in the city any other animals as defined in this ordinance: (1) On any lot containing less than 20,000 square feet, or (2) In any corral, barn, or other enclosure within seventy -five feet (75') of any dwelling. 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 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 night time 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. • • ORDINANCE NO. 84 Page Six All fences or enclosures used for the above purposes must be of such material and maintained in such manner as humane for the safety and protection of such animals. Article 2 - Dogs 11102.1 Stray Dogs Defined A stray dog shall be 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. 11102.2 Leash Law - Violation 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 obedient to that person's command. Any violation of this section shall be a misdemeanor, punishable as provided in this ordinance. 11102.3 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 ordinance. 11102.4 Duty of Poundmaster to Seize and Impound Stray Dogs It shall be the duty of the Poundmaster to seize and impound, in a lawful manner and subject to the provisions of this ordinance, all stray dogs and all unlicensed dogs found within the incor- porated area of the City of Morro Bay. 11102.5 Dogs Running at Large Any dog found trespassing on any private property in the City of Morro Bay may be taken up by the owner or possessor of said property and delivered to the Poundmaster or detained on the property until picked up by the Poundmaster. • • ORDINANCE NO. 84 Page Seven 11102.6 Delivery to Poundmaster by Private Persons Every person taking up any dog under the provisions of this ordinance and every person finding any lost, strayed, or stolen dog shall, within twenty -four (24) 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 there- upon hold and dispose of such dog in the same manner as though such dog had been found running at large and impounded by him. 11102.7 Notice of Impounding Dog As soon as possible, but not later than twenty -four (24) hours AFTER impounding ANY dog properly registered under the provisions of this ordinance, the Poundmaster shall notify the registered owner or person having control of the dog by telephone, mail, or orally that such dog is impounded and that it can be redeemed within three (3) days from the date of such impounding and unless redeemed, the dog will be disposed of in any manner as provided by this ordinance. 11102.8 Redemption of Impounded Dogs The Poundmaster shall securely keep any dog impounded for a period of three (3) days unless the same be sooner reclaimed or redeemed by the owner or person having control thereof. The owner or person entitled to the custody of the dog so impounded may, at any time before the sale or other disposition thereof, during the office hours of the Pound, reclaim or redeem the same by exhibiting to the Poundmaster the license certificate or license tag showing that the license for such dog for the then current year has been:paid and by paying the Poundmaster any charges provided for. 11102.9 Redemption Fees The owner or person entitled to the custody of a dog impounded shall pay the following fees, effective July 1, 1970, to the Pound - master before such dog is released: (a) Registration or license fee for then current year unless such fee has been previously paid and evidence of paid fee adequately exhibited. (b) Impound fee of $5.00 for the first occasion of any dog impounded within a calendar year. (c) Impound fee of $10.00 for each subsequent occasion of any dog impounded within a calendar year. 11102.10 Sale, Gift, or Destruction of Dogs At any time after the expiration of said period of three (3) days, the Poundmaster may, without further notice, and without • ORDINANCE NO. 84 Page Eight 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, improvement, or standardization of laboratory specimens, biologic products, pharmeceuticals, or drugs. 11102.11 Injured and Diseased Dogs Every dog taken into custody by the Poundmaster which by reason of injury, disease, or other good cause as determined by a licensed veterinarian as dangerous or inhumane to keep impounded, shall be forthwith 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 redemption fees and other charges as provided in this ordinance. However, if the licensed veterinarian deter- mines that such dog is diseased and by reason of such disease is dangerous to persons or to other animals, or to the general health and welfare of the city, the Poundmaster shall destroy said dog. 11102.12 Care of Dog While Impounded The Poundmaster shall provide all dogs in his custody with proper food and water, and shall give them all necessary care and attention. The Poundmaster may establish fees not to exceed One Dollar ($1.00) per day to reflect the costs incurred for the care of such dogs and may charge these fees at the time an impounded dog is redeemed by its owner or person having custody or may charge these fees at such time an unclaimed dog is sold. 11102.13 Vicious and Dangerous Dogs If any dog within the City of Morro Bay is determined by the County Health Officer to be vicious or dangerous to the safety of any person or persons, or if any such dog is known to have bitten any person or persons on at least three (3) separate occasions, the County Health Officer shall notify the owner or person having control of such dog to keep said dog in such manner as the Health Officer shall direct. If it is determined by the County Health Officer that such dog cannot be properly controlled by the owner or person having custody and no further arrangements can be made to ensure public safety, then the County Health Officer shall direct the Poundmaster to destroy such dog in a humane manner. It shall be the duty of the owner or person having control of such dog to surrender such dog to the Poundmaster. 11102.14 Impounding of Biting Dogs Upon written notice by the County Health Officer, the owner or person having the control of any dog which has, within the • ORDINANCE NO. 84 Page Nine preceding ten (10) days, bitten any person or animal shall, upon demand, and in the discretion of the County Health Officer, follow one of the following procedures: He shall either (a) Confine such dog to his own premises; or (b) Surrender such dog to the Poundmaster who shall impound and keep such dog at the Public Pound in a separate kennel for a period of not less than ten (10) days; or (c) Surrender such dog to a licensed veterinarian as designated by the County Health Officer; or (d) Surrender the dog to the Poundmaster for quarantine at any other location or facility designated and approved by the County Health Officer. If the dog is quarantined on the premises of the owner, the Poundmaster may post a quarantine sign on such premises, and it shall be unlawful for any person to remove the sign during the term of such quarantine without the consent of the County Health Officer. Any quarantine provided in this section shall be for a term of not less than ten (10) days unless otherwise specified by the County Health Officer. During the said period it shall be the duty of the County Health Officer, upon being notified by the Poundmaster that such dog has been impounded, to determine whether or not such dog is suffering from any disease. If a duly licensed veterinarian designated by the County Health Officer shall determine that such 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 such dog. A copy of said notice may also be served upon the owner or person having control of such dog. If said veterinarian shall deter- mine that such dog is not so diseased, the Poundmaster shall notify the person owning or having control of such dog at the address from which the dog was surrendered to the Poundmaster and shall, upon demand, release such dog to the owner or person lawfully entitled thereto, upon payment of any charges provided therefore, including expenses of quarantine and veterinary care; provided, however,that if no person lawfully entitled to such dog shall within three (3) days after the date of giving said last mentioned notice, appear at the Public Pound and request the release of such dog, and pay said charges, such dog may be sold or destroyed by the Pound - master in the same manner hereinbefore provided. 11102.15 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, such owner or person having the custody or possession of such animal shall immediately notify the • • ORDINANCE NO. 84 Page Ten County Health Officer. The County Health Officer shall make or cause an inspection or examination of such animal to be made by a licensed veterinarian until the existence or non - existence of rabies in such animal is established by such veterinarian. Such animal shall be kept isolated in a pound, veterinary hospital, or other adequate facility in a manner approved by the County Health Officer and shall not be killed or released for at least ten (10) days after the onset of symptoms suggestive of rabies, after which time such animal may be released by the County Health Officer, provided the County Health Officer has first determined that said animal does not have rabies. If the County Health Officer deter- mines that the animal does have rabies, the Poundmaster shall destroy said animal at the direction of the County Health Officer. The County Health Officer, or his duly authorized represen- tative, is hereby 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 kept, for the purpose of ascertaining whether such dog or other animal is afflicted or infected with rabies or other contagious disease. 11102.16 Dog Registration and Licenses Except as provided in Section 11102.25 hereof, it shall be 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 (4) months fastened securely by a rope, chain, or leash, or confined within the private property of the owner or person having control of said dog. Any violation of this section shall be a misdemeanor, punishable as provided in this ordinance. 11102.17 Dogs - Vaccination Required It shall be 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 corporate limits of the City of Morro Bay unless such dog has been vaccinated as provided herein or except as provided in Section 11102.18. This section shall have no application to dogs under the age of four (4) 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 said dog. 11102.18 No Licensing Without Vaccination The License Collector or Poundmaster shall not license any dog until it has been vaccinated with canine rabies vaccine by injection or other method approved by the County 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 (60) days, stating that in his opinion the rabies vaccination would be likely to seriously injure the dog. Any dog so excepted from rabies • • ORDINANCE NO. 84 Page Eleven 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 such dog shall be. unlawful. 11102.19 Vaccination Performance Said vaccination shall be performed by a duly qualified and licensed veterinarian. Said veterinarian vaccinating said dog shall issue to the owner or person in possession of said dog a rabies vaccination tag and a certificate of vaccination, which certificate shall include: (a) The type of vaccine used; (b) The date of vaccination; (c) Description of dog; (d) Serial number of rabies vaccination tag issued to dog; (e) Name and address of owner of dog; (f) Statement that dog is male, female, or spayed female. A copy of this certificate shall be sent to the County Health Officer. 11102.20 Registration Record The License Collector and Poundmaster shall annually maintain a record in which he shall, upon the application of any person owning or having the custody of any dog in the corporate limits of the City of Morro Bay and the payment to him of the registration fee hereby prescribed, register such dog by entering in the record its name (if any), its sex and general description, the name of its owner or custodian, the number of the tag issued therefor, the date, and the amount received for registration fee. 11102.21 Dog Tags Upon exhibition of the proper certificate 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 - CITY OF MORRO BAY" stamped thereon, which dog tag shall be securely fastened to a collar or harness which must 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 distinguishing mark as evidence of such fact. Said tag, while attached to a dog's collar or harness, shall be prima facie evidence that the dog for which the same was issued has been licensed during the calendar year for which said tag was issued, and has been vaccinated. 11102.22 Annual Registration of Dogs On the first day of January of each year, all prior • • ORDINANCE NO. 84 Page Twelve registrations made under the provisions of this ordinance 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 registered. The new registration fee shall become due and payable on the 1st day of January of each year. 11102.23 Registration and License Fee The following fees shall be effective January 1, 1971, provided that the fees set forth in the preexisting law shall be applicable until said date: (a) For registering each male dog and each spayed female dog or bitch, the License Collector or Poundmaster shall collect and receive a fee of Three Dollars ($3.00) and for registering each unaltered female dog or open bitch, he shall collect and receive a fee of Four Dollars ($4.00). (b) A penalty of Fifty Cents (50C) per month shall be added for each month commencing March 1 of each year for late registration of any dog required to be registered pursuant to this ordinance. (c) Registration fees for young puppies must be paid within two (2) months after said puppies reach the age of four (4) months or the above penalties shall attach. (d) Any dog brought within the city after March 1 of each year shall be registered within thirty (30) days or said penalties shall attach from the date of entry into said 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 Dollar ($1.00). (e) All registration fees collected after March 1 of each year shall include the penalty for late regis- tration unless the dog owner signs a statement under penalty of perjury stating the date the puppy became of age or the date said dog was brought into the city. (f) At least once a month the City License Collector shall furnish a record of licenses issued by said License Collector to the Poundmaster in order that the Pound - master may maintain a record of all licenses issued in the city for the current year. (g) At least once a month the Poundmaster shall furnish a record of licenses issued by said Poundmaster to the City License Collector in order that the City License Collector may maintain a record of all licenses issued in the city for the current year. (h) All registration fees, fees for duplicate tags, and penalties levied that are collected shall be accounted • • ORDINANCE NO. 84 Page Thirteen for and deposited in the City Treasury. 11102.24 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 making proof to the satisfaction of the License Collector or Poundmaster of its loss or destruction, shall, upon payment of a fee of One Dollar ($1.00), receive for such dog another tag; whereupon the License Collector or Poundmaster shall enter the number of the tag so issued on the register and cancel the tag previously issued for such dog. 11102.25 License Exceptions The provisions of this ordinance requiring the licensing of dogs shall not apply to: (a) Dogs under the age of four (4) months if fastened securely by a rope, chain, or leash, or confined within the private property of the owner or person having control of said dog; (b) Dogs owned by or in custody or under the control of persons who are non - residents of the City of Morro Bay, travelling through said city or temporarily sojuourning therein for a period not exceeding thirty (30) days; (c) Dogs brought into said city exclusively for the purpose of entering the same 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 this ordinance, or his duly authorized employee or agent when such dogs are removed from such kennel in the bonafide 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 dog bearing such identification tag shall be treated in all respects as any other dog in the event of its escape and subsequent impoundment. 11102.26 License Fee Exemptions (a) All Seeing -Eye dogs and all dogs 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 ordinance, but their owners shall be exempt from the license fee as therein imposed, providing adequate • • ORDINANCE NO. 84 Page Fourteen 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 ordinance, 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; (c) All dogs being raised and trained specifically for the purpose to perform as a Seeing -Eye dog must be licensed and vaccinated under the provisions of this ordinance, 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. 11102.27 Failure to Furnish Information Any person owning or having the care, custody, or control of any dog in the City of Morro Bay who willfully refuses, fails, or neglects to furnish to the License Collector, Poundmaster, Health Officer, or any of their duly qualified and authorized deputies or employees, the information necessary to properly license such dog, or who shall resist, hinder, or prevent the Poundmaster, Health Officer, or any of their duly authorized deputies or employees in the exercise of their duties, or who fails, neglects, or refuses to pay the license fee at the time and in the manner herein provided, or who violates any of the provisions of this section, shall be guilty of a misdemeanor, punishable as provided in this ordinance. 11102.28 Counterfeiting No person shall imitate.or counterfeit such registration tags or rabies vaccination tags. Article 3 - Cats 11103.1 Impounding and Disposition of Stray or Abandoned Cats It shall be the duty of the Poundmaster to receive and impound all cats desired to be abandoned by their owners, or 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 received and impounded and shall keep such cats for a period of three (3) days unless the same be sooner reclaimed or redeemed by the owner or person having control thereof. Such redemption may be made by paying to the Poundmaster any charges not to exceed One Dollar ($1.00) per day for the care of said cats as imposed thereon. At any time after the expiration of said period of three (3) days, the Poundmaster may, without notice and without advertising in any manner, sell, give away, or dispose of such cats. Provided, however, the Poundmaster may not sell, give • • ORDINANCE NO. 84 Page Fifteen away, or transfer title to any cats for the purposes as set forth in Section 11102.10 of this ordinance. Article 4 - Animals, Poultry, and Household Pets 11104.1 Animals and Poultry at Large No person shall allow or permit animals or poultry 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 any other ordinances of this city or by any law applicable thereto. 11104.2 Unsanitary Conditions No person shall keep upon any premises, any animals, poultry, or household pets in a foul, offensive, obnoxious, filthy, or unsanitary condition. Any violation of this section shall be a misdemeanor, punishable as provided in this ordinance. 11104.3 Impounding of Animals and Poultry All animals and poultry if found running at large 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, shall be impounded by the Poundmaster and provided with proper care and attention, food and water. In all cases, the provisions of Division 3 of the California Agricultural Code concerning estray bovine animals, horses, mules, or burros shall be complied with. The Poundmaster shall keep all animals and poultry for a period of three (3) days unless the same be sooner reclaimed or redeemed by the owner or person having control thereof. Such redemption by•the owner or person having control thereof, shall be made by signing an affidavit, under panelty of perjury, declaring ownership, or by exhibiting proof of ownership to the satisfaction of the Poundmaster and by paying to the Poundmaster any charges imposed thereon. Upon such redemption being made, the Poundmaster shall release such animals and poultry provided, however, that in all cases any actual costs incurred by the Pound - master for keeping such animals or the sum of One Dollar ($1.00) per day for the care of poultry must first be paid. 11104.4 Disposition of Impounded Animals and Poultry At any time after the expiration of said period of three (3) days, the Poundmaster may, without further notice, and without advertising in any manner, sell, give away, or dispose of in a humane manner, any animals or poultry not reclaimed or redeemed as aforesaid. Provided, however, the Poundmaster may not sell, give away, or transfer title to any animals or poultry for any • • ORDINANCE NO. 84 Page Sixteen of the purposes as set forth in Section 11102.10 of this ordinance. Article 5 - Penalties 11105.1 Penalties for Violations Any person who is convicted of violation of any provision of Sections 11102.2, 11102.16, 11102.27, or 11104.2 of this ordinance shall be punishable by a fine not to exceed Five Hundred Dollars ($500.00), or by imprisonment in the county jail for not to exceed six (6) months, or by both such fine and imprisonment. SECTION 2. This ordinance shall take effect thirty (30) days after the date of its adoption, and prior to the expiration of fifteen (15) days from the passage thereof shall be published once in a newspaper of general circulation, published and circulated in the City of Morro Bay, and thenceforth and thereafter the same shall be in full force and effect. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a meeting of said City Council held this 23rd day of June, 1970, by the following roll call vote: AYES: Councilmen Donohoo, Keiser, McConaghay, Walters, & Mayor Mitchell NOES: None ABSENT: None ATTEST: M. . LITT E, City Clerk DALE C. MITCHELL, Mayor • • INDEX TO ANIMAL REGULATIONS ORDINANCE Article 1 - General' Provisions Sections Page 11101.1 Establishment of a Public Pound 1 11101.2 Appointment of Poundmaster 1 11101..3 Authority as Peace Officers 1 11101.4 Badges 1 11101.5 Record of Poundmaster 2 11101.6 Poundmaster - Reports 2 11101.7 Unnecessary Noise 2 11101.8 Abatement of Noise or Nuisance 2 11101.9 Owners Responsibility to Dispose of Dead Animals, Cats, Dogs, Poultry, and Household Pets 2 11101.10 Disposition of Dead Animals, Dogs, Cats, Poultry, and Household Pets Upon Request 3 11101.11 Definitions 3 11101.12 Dog Kennels, Pet Shops - Regulations- - - 4 11101.13 Dog Kennels, Pet Shops - Permit, Revocation Thereof 4 11101.14 Duty of General Public 4 11101.15 Limitations 5 Article 2 - Dogs 11102.1 Stray Dogs Defined 6 11102.2 Leash Law - Violation 6 11102.3 Duty of Poundmaster to Patrol & Enforce Regulations 6 11102.4 Duty of Poundmaster to Seize and Impound Stray Dogs 6 11102.5 Dogs Running at Large 6 11102.6 Delivery to Poundmaster by Private Persons 7 11102.7 Notice of Impounding Dog 7 11102.8 Redemption of Impounded Dogs 7 11102.9 Redemption Fees 7 11102.10 Sale, Gift, or Destruction of Dogs- - 7 11102.11 Injured and Diseased Dogs 8 11102.12 Care of Dog While Impounded 8 11102.13 Vicious and Dangerous Dogs 8 11102.14 Impounding of Biting Dogs 8 11102.15 Symptoms of Rabies 9 11102.16 Dog Registration and Licenses 10 11102.17 Dogs - Vaccination Required 10 11102.18 No Licensing Without Vaccination 10 11102.19 Vaccination Performances 11 11102.20 Registration Record 11 11102.21 Dog Tags 11 11102.22 Annual Registration of Dogs 11 11102.23 Registration and License Fee 12 11102.24 Lost Tag 13 11102.25 License Exceptions 13 i Sections 11102.26 11102.27 11102.28 • • INDEX TO ANIMAL REGULATIONS ORDINANCE Article 2 - Dogs (Continued) License Fee Exemptions Failure to Furnish Information Counterfeiting Article 3 - Cats Page 13 14 14 11103.1 Impounding and Disposition of Stray or Abandoned Cats 14 Article 4 - Animals, Poultry, and Household Pets 11104.1 Animals, Poultry at Large 15 11104.2 Unsanitary Conditions 15 11104.3 Impounding of Animals and Poultry - - - 15 11104.4 Disposition of Impounded Animals and Poultry 15 Article 5 - Penalties. 11105.1 Penalties for Violations 16 ii • • ORDINANCE NO. 83 AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE FISCAL YEAR 1970 -71 T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, a city is required to make, from time to time, a variety of expenditures in order to provide day -to -day service for which it is responsible; and WHEREAS, the City Council finds and determines that the efficiency and economy of city government would be substantially impaired if such expenditures could not be made or such obligations incurred on a daily basis as the need arises; and WHEREAS, Section 37208 of the Government Code of the State of California provides that payment or demands conforming to a budget approved by ordinance need not be audited by the City Council prior to payment: NOW, THEREFORE, the City Council of the City of Morro Bay does ordain as follows: SECTION 1. That certain document entitled "Final Budget, City of Morro Bay, Fiscal Year 1970 -71 ", dated June 9, 1970, is hereby approved and adopted as the Final Budget for Expenditures for the City of Morro Bay for the Fiscal Year 1970 -71. SECTION 2. This ordinance is necessary, under Section 36937 of the Government Code of the State of California, for the immediate preservation of the public peace, health, or safety, and shall therefore take effect immediately upon its adoption. PASSED AND ADOPTED by the City Council of the City of Morro Bay at the regular meeting thereof held this 9th day of June, 1970 by the following roll call vote: AYES: Councilmen Donohoo, Keiser, Walters, and Mayor Mitchell NOES: Councilman McConaghay ABSENT: None ATTEST: M. J iL E, City Clerk 40 77.freh a DALE C. MITCHELL, Mayor • • ORDINANCE NO. 82 AN ORDINANCE CREATING AND ADDING CHAPTER V TO TITLE VI 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 Chapter V be added to Title VI of the Morro Bay Municipal Code to read as follows: CHAPTER V PREREQUISITES FOR ISSUANCE OF CERTAIN BUSINESS LICENSES 6500. Prerequisite to Issuance of Certain Licenses: 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 prerequisite to the issuance of such a license: 1. Carnival 2. Circus or menagerie 3. Money lending or pawn broker 4. Massage parlor 5. Tent show 6. Amusement parlor, penny arcade, or playland 7. Private patrol service B. The application to carry on any business enumerated above 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 the Zoning Ordinance of the City of Morro Bay. 6501. Private Patrol Services A. Definitions: For the purposes of Chapter V of the Morro • • ORDINANCE NO. Page Two Bay Municipal Code, the term "private patrol service" shall be deemed to include any person, firm, association, or corporation 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 purposes, for a consideration or otherwise. B. Permit required: It shall be unlawful for any person to engage in the business of conducting, maintaining, or soliciting business for any private patrol service in the incorporated area of the City of Morro Bay without first obtaining a permit to do so from the City Council of the City of Morro Bay and obtaining a business license as provided by law. C. Application; investigation: The application for a business license to conduct or maintain any private patrol service shall be submitted to the Chief of Police of the City of Morro Bay, who shall make an investigation concerning the character of the applicant. Following such investigation, the Chief of Police shall promptly make a report to the City Council of his investigation and the City Council may grant or deny the applicant permission to engage in such business. Such permission shall be granted unless it shall appear from such investigation that the applicant is not a person of good moral character or has not a good character in respect to honesty or integrity, or the Chief of Police shall deter- mine that the granting of the application would not be in the best • ORDINANCE NO. Page Three interests of law enforcement in this city. Applicant shall submit such information as the Chief of Police may request, such as name, address, organization of the patrol service, its method of operation, the territory or locations it proposes to serve „and the names, addresses, personal descriptions, photographs, and fingerprints of its owners, officers, and employees. D. Any permit granted as provided in Subsection C hereof shall be issued upon the following terms and conditions: 1. Every employee engaged by the licensee shall be investigated in the same manner as the private patrol service under Subsection C hereof, and must be found to be of the same good moral character as the licensee. 2. Every person engaged by a patrol service shall at all times wear an identification card approved 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. Such card shall name the patrol service by which he is employed, and contain a photo- graph, personal description, and right index fingerprint of the bearer. 3. The holder of the identification card shall immediately return the same to the issuing authority whenever his employment as a private 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. • • ORDINANCE NO. Page Four 4. 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 employed peace officers in the City of Morro Bay. Any and all such uniforms shall, however, be slate gray in color. 5. No equipment or motor vehicle shall be used in any business or activity permitted hereunder except with the prior approval of the Chief of Police who shall inspect such equipment or motor vehicle to insure the maintenance 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 or character 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 four inches (4 ") in height. 6. Any such permit, including business license issued pursuant thereto may at any time be revoked for failure to comply with the provisions of this Ordinance. SECTION 2. This Ordinance shall take effect thirty (30) days after the date of its adoption, and prior to the expiration of fifteen (15) days from the passage thereof shall be published • • ORDINANCE NO. Page Five once in a newspaper of general circulation in the City of Morro Bay and thenceforth and thereafter the same shall be in full force and effect. This Ordinance was introduced and read on the 24th day of March, 1970 and passed and adopted on the 28th day of April 1970 by the following roll call vote: AYES: Councilmen Donohoo, Giannini, Keiser, McConaghay, and Mayor Mitchell NOES: None ABSENT: None ATTEST: M. .t -!t3S' E, City Clerk DALE C. MITC E L, ayor e ORDINANCE NO. 81 e AN ORDINANCE AMENDING CHAPTER II OF TITLE XI OF THE MORRO BAY MUNICIPAL CODE ENTITLED "ABATEMENT OF WEEDS" 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 follows: SECTION L That Section 11206 of be amended to read as follows: Morro Bay does ordain as the Morro Bay Municipal Code 11206. Annual Notice. Aggrieved Person. Between the first and fifteenth day of January of each year, the City Clerk shall cause to be published a notice to the effect that any person aggrieved by any act or determination of the Fire Chief, or of the Council, in connection with the current weed abatement program during the preceding year ending December 31, may file an appeal with the City Clerk prior to the first Council meeting in February. The notice shall be published for two (2) successive times in a newspaper of general circulation printed and published in the city. Such appeal shall be in writing and shall be filed with the City Clerk prior to the first Council meeting in February, at which time the Council shall proceed to hear and pass upon each and every appeal, and each determination thereupon shall be final and conclusive. Such hearing may be continued from time to time. The City Clerk shall carry out any directions of the Council made upon appeal and he shall cause appropriate corrections and entries to be made in weed abatement and assessment records to conform therewith. SECTION 2. EFFECTIVE DATE. This ordinance shall be effective thirty (30) days from and after the date of its adoption. SECTION 3. PUBLICATION. The foregoing ordinance shall, before the expiration of fifteen (15) days of the passage of same, be published with the names of the Council members voting for and against the same once in a newspaper of general circulation printed and published in the City of Morro Bay, State of California. This ordinance was introduced and read on the 9th day of December, 1969 and passed and adopted on the 13th day of January 1970, by the following roll call vote: AYES: Councilmen Bickford, Giannini, Keiser, and Mayor Pro Tem Donohoo NOES: None ABSENT: Mayor Mallery ATTEST: M. J ITTL , City Cler FRED R. DONOHOO, Mayor Pro Tem • ' ORDINANCE NO.80 AN ORDINANCE CREATING AND ADDING SECTION 8516 TO CHAPTER V, TITLE VIII OF THE MORRO BAY MUNICIPAL CODE ENTITLED "MOTOR VEHICLES ON PUBLIC BEACHES" 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. There is hereby created and added Section 8516 of Chapter V, Title VIII of the Morro Bay Municipal Code entitled "Motor Vehicles on Public Beaches ". 8516. Motor Vehicles on Public Beaches. No person shall drive any self - propelled motor vehicle along any public beach area, as defined herein, at a speed in excess of fifteen (15) miles per hour. The term "motor vehicle" includes but is not limited to automobiles, beach buggies, motorcycles, and trail bikes. The operation of any unlicensed self - propelled vehicle along any public beach area in this city is prohibited. "Public beach area" shall include any public beach adjacent to the Pacific Ocean or the waters of Morro Bay and located within the boundaries of the city limits of the City of Morro Bay; and such public beach includes any sandy portion of land located between the low water mark and the high water mark of either the Pacific Ocean or the waters of Morro Bay. SECTION 2. EFFECTIVE DATE. This ordinance shall be effective thirty (30) days from and after the date of its adoption. SECTION 3. PUBLICATION. The foregoing ordinance shall, before the expiration of fifteen (15) days of the passage of same, be published with the names of the Council members voting for and against the same once in a newspaper of general circulation printed and published in the City of Morro Bay, State of California. This ordinance was introduced and read on the 9th day of December, 1969, and passed and adopted on the 13th day of January , 1970. by the following roll call vote: AYES: Councilmen Bickford, Giannini, and Mayor Pro Tem Donohoo NOES: Councilman Keiser ABSENT: Mayor Mallery ATTEST: L T LE, City C erk FRED R. DONOHOO, Mayor Pro Tem el • ORDINANCE NO. 79 AN ORDINANCE CREATING AND ADDING SECTION 8620 TO CHAPTER VI, TITLE VIII OF THE MORRO BAY MUNICIPAL CODE ENTITLED "LIMITED TIME PARKING" 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. There is hereby created and added Section 8620 of Chapter VI, Title VIII of the Morro Bay Municipal Code entitled "Limited Time Parking ". 8620. Limited Time Parking. The City Council may, from time to time, by resolution of the majority of the entire Council, designate limited time parking on any street and on any public property of the City of Morro Bay. SECTION 2. Effective Date. This ordinance shall be effective thirty (30) days from and after the date of its adoption. SECTION 3. Publication. The foregoing ordinance shall, before the expiration of fifteen (15) days of the passage of same, be published with the names of the Council members voting for and against the same once in a newspaper of general circulation printed and published in the City of Morro Bay, State of California. This ordinance was introduced and read on the 14th day of October, 1969 and passed and adopted on the 28th day of October, 1969 by the following roll call vote: AYES: Councilmen Bickford, Giannini, Keiser, and Mayor Pro Tem Donohoo NOES: None ABSENT: Mayor Mallery ATTEST: M.J. IT LE, City Clerk 64 -6, /f _ ArY9.- FRED R. DONOHOO, Mayor Pro Tem • • ORDINANCE NO. 78 AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE FISCAL YEAR 1969 -70 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 certain document entitled "Final Budget, City of Morro Bay, Fiscal Year 1969 -70 ", dated June 10, 1969, is hereby approved and adopted as the Final Budget for Expenditures for the City of Morro Bay for the Fiscal Year 1969 -70. SECTION 2. This Ordinance is being enacted to take effect immediately in accordance with Section 36937 of the Government Code of the State of California. A City is required to make, from time to time, a variety of expenditures in order to provide day to day service for which it is responsible. The City Council finds and determines that the efficiency and economy of City government would be substantially impaired if such expenditures could not be made or such obligations incurred on a daily basis as the need arises. Section 37208 of the Government Code of the State of California provides that payment or demands conforming to a budget approved by ordinance need not be audited by the City Council prior to payment. The City Council hereby determined that this ordinance is necessary, under Section 36937 of the Government Code, for the immediate preservation of the public peace, health, or safety, and that this ordinance shall therefore take effect immediately upon its adoption. 4 ORDINANCE NO. 78 PAGE TWO PASSED AND ADOPTED by the City Council of the City of Morro Bay at the regular meeting of said City Council held this 10th day of June, 1969, by the following roll call vote: AYES: Councilmen Bickford, Donohoo, Keiser, and Mayor Mallery NOES: Councilman Giannini ABSENT: None ATTEST: . LIT , City Clerk WESLEY E. LERY, Mayor ORDINANCE NO. 77 AN ORDINANCE AMENDING SECTIONS 5102, 5103.5, 5104.2.1, 5104.2.3, 5104.2.4, 5104.2.5, 5104.2.6, 5104.2.8, 5104.3.7, 5105.2.5, 5105.2.8, 5106.3, 5106.11, and 5106.15 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 5102, Definitions, of the Morro Bay Zoning Ordinance be amended in the following respects: (1) The following definition shall be added: Camp Car. As defined in the California Health and Safety Code, Section 18002. (2) The definition "Family" shall be changed to read as follows:' Family. One or more persons related by blood or marriage occupying a premises and living as a single housekeeping unit, as distinguished from a group occupying a hotel, club, boarding house, fraternity, or sorority house; and in addition may include no more than two (2) unrelated persons. (3) The definition "Home Occupation" shall be changed to read as follows: Home Occupation. An occupation carried on by the occupant, entirely within a building, as a use clearly incidental to the residence in connection with which there is no display, no stock in trade, nor commodities sold upon the premises and no person employed. (4) The definition "Junk Yard" shall be changed to read as follows: • • ORDINANCE NO. 77 PAGE TWO Junk Yard. More than one hundred (100) square feet of the area of any lot or parcel of land used for the storage of junk, including but not limited to scrap metals, salvage or other scrap materials, or for the dismantling or "wrecking" of automobiles or other vehicles or machinery, whether for sale or storage. A single vehicle without a current State license shall be considered a junk yard. (See ordinance governing junk yards.) (5) The definition "Mobile Home" shall be changed to read as follows: Mobile Home. As defined in the California Health and Safety_Code, Section 18001. (6) The definition "Mobile Home Park" shall be changed to read as follows: Mobile Home Park. As defined in the California Health and Safety Code, Section 18003. (7) The following definition shall be added: Recreation Trailer Park. As defined in the California Health and Safety Code, Section 18006. (8) The definition "Service Station" shall be changed to read as follows: Service Station. Shall mean an occupancy where petroleum products are offered for retail sale to the public primarily for the operation of motor vehicles and shall include the sale and installation of tires, batteries, and automotive accessories and sundries; the lubrication, washing, waxing, and polishing of motor vehicles; the • • ORDINANCE NO. 77 PAGE THREE testing, adjustment, and replacement of motor parts and accessories, and the repair of brakes and tires. "Service Station" does not include steam cleaning and mechanical car washing; tire recapping; engine, differential and transmission rebuilding, repair or replacement; body and chassis reconditioning, repair or repainting; tow service; and rental, sale, or storage of trailers, hand tools, power tools, and other non - automotive merchandise or equipment. (9) The definition "Signs" shall be changed to read as follows: Signs. Any display or structure as defined in the Morro Bay Sign Ordinance. (10) The following definition shall be added: Trailer Coach. As defined in the California Health and Safety Code, Section 18007. (11) The following definition shall be added: Travel Trailer Park. As defined in the California Health and Safety Code, Section 18008. (12) The definition "Travel Trailer" shall be changed to read as follows: Travel Trailer. As defined in the California Health and Safety Code, Section 18007.5. SECTION 2. That subsection 5103.5 of the Morro Bay Zoning Ordinance be amended to read as follows: 5103.5. All lands now or hereafter included within the City of Morro Bay boundaries, which are not designated on the afore- mentioned zoning map as being included in any district, are and • • ORDINANCE NO. 77 PAGE FOUR shall be designated as "R -A" or single family residential districts. SECTION 3. That subsection 5104.2.1, "R -A Districts" shall be changed in the following respect: "Home Occupations" shall be added to the chart as a use requiring a Conditional Use Permit. SECTION 4. That subsection 5104.2.3, "R -2 Districts" shall be changed in the following respect: "Home Occupations" shall be added to the chart as a use requiring a Conditional Use Permit. SECTION 5. That subsection 5104.2.4, "R -3 Districts ", shall be changed in the following respect: "Home Occupations" shall be added to the chart as a use requiring a Conditional Use Permit. SECTION 6. That subsection 5104.2.5, "R -4 Districts ", shall be changed in the following respects: "Home Occupations" shall be added to the chart as a use requiring a Conditional Use Permit. In Column B, "Mobile Home Park, Trailer Court" shall be changed to read "Mobile Home Park, Travel Trailer Parks ". SECTION 7. That subsection 5104.2.6, "C -H Districts" shall be changed in the following respect: In Column B, "Mobile Home Park, Trailer Court" shall be changed to read "Mobile Home Park, Travel Trailer Park" SECTION 8. That subsection 5104.2.8, "C -1 Districts" shall be changed in the following respects: "Arts and Artifact Sales" shall be added to the list in Column B of the chart under "Retail Business Establishments within a building conducting sales of the following:" • • ORDINANCE NO. 77 PAGE FIVE "Residential uses only when accessory to commercial uses on the rear one -half of the property or second story" shall be added to Column B following "Hotels, Motels, Additions to Residences" as a permitted use subject to securing a Conditional Use Permit. SECTION 9. That subsection 5104.3.7, "Reversion ", shall be changed to read as follows: 5104.3.7. Reversion. Any Use Permit granted in accordance with the terms of the Planned Unit Development Districts (P -D Zone) without further action would render plans on file null and void if not used within one (1) year from date of approval thereof, or within any longer period of time if so designated by the Planning Commission. In the event the applicant intends, and the Planning Commission approves, phased development starting with any portion of the plans approved, said plans would remain in effect so long as not more than one (1) year period of time lapses between the end of one phase and the beginning of the next phase. Any land hereinafter classified "P -D" after the adoption of this ordinance, which classification was based upon a Planned Unit Development submitted at the time of rezoning, said plan shall be placed on file in the Planning Department and remain in effect for a period of two (2) years within which time the construction of the development shall commence. If, after two (2) years from the date of the zone change, the development has not yet started, the "P -D" District shall revert to its former classification. SECTION 10. That subsection 5105.2.5, "Off- Street Parking ", shall be changed to read as follows: 5105.2.5. Cooperative Parking lots, including but not limited • • ORDINANCE NO. 77 PAGE SIX to shopping centers where all uses are not known at the time of acceptance of the proposal, shall be calculated on the basis of two and one -half (2 -1/2) square feet of parking lot space, including driveways and isles, to one (1) square foot of retail or customer floor space, plus one (1) space for each two (2) employees. Note: Regardless of any other provision of this ordinance where a legal public entity has been formed for the purpose of establishing area -wide public off - street parking facilities, parking requirements for individual businesses may thereafter be waived upon the adoption of a plan and program for the adequate provision of said parking facilities in keeping with the demands of the area. Said public entity would then be responsible for the construction and establishment of adequate off - street parking spaces as new uses are established within the area defined for the public entity. The general standards employed in this section shall be used as a guideline for the establishment of off - street parking lots within the area. SECTION 11. That subsection 5105.8 be changed in the following respects: Column 5 "Location to Use" shall be changed to read "600'" for Mortuary. Type of Use Column under "Single Residence" shall be changed to read "Except in S -1 Districts ". SECTION 12. That the first paragraph of subsection 5106.3 shall be changed to read as follows: 5106.3 A. All of the uses listed in this subsection, and all matters directly related thereto are declared to be special • ORDINANCE NO. 77 PAGE SEVEN uses possessing characteristics of such unique and special forms as to make impractical their inclusion in any class of use set forth in the various districts herein defined, and therefore the authority for a location of the operation of any of the uses designated herein shall be subject to the issuance of a special Use Permit in accordance with the provisions of Article X hereof, the Planning Commission shall consider the following additional factors to determine that the characteristics of the listed uses will not be unreasonably incompatible with the uses permitted in surrounding areas: (1) damage or nuisance from noise, smoke, odor, dust, or vibration; (2) hazard from explosion, contamination, or fire; (3) hazard occasioned by unusual volume or character of traffic or the congregating of a large number of people or vehicles; (4) height of structure. The uses referred to herein are as follows: SECTION 13. That paragraph d.(6) be added to subsection 5106.3 to read as follows: 5106.3 d.(6) Establishments listed hereabove where the use of property will not exceed one (1) week occupancy, a Use Permit need not be secured so long as the applicant first gives written notice to the City of Morro Bay and deposits a bond sufficient to guarantee the removal of all structures, litter, and debris from the property at the termination of the use. The amount of bond necessary to guarantee said clean -up shall be in the amount determined by the City Administrator. SECTION 14. That paragraph B be added to subsection 5106.3 to read as follows: • • ORDINANCE NO. 77 PAGE EIGHT B. Where lot lines are bounded on at least one side by a zone boundary, the uses permitted (and uses permitted subject to the approval of a Use Permit) on either side of the zone boundary may be found to be compatible by virtue of the transitional nature of the property through the issuance of a transitional Use Permit. Where uses are not permitted on one property and permitted on an abutting property, those uses may be considered subject to the issuance of a transitional Use Permit in accordance with the provisions of Article X hereof. The Planning Commission shall consider the following additional factors to determine that the characteristics of the listed uses will not be unreasonably incom- patible with uses permitted in surrounding areas: (1) damage or nuisance from noise, smoke, electrical interference, odor, dust, vibration, or lights; (2) hazard from explosion or fire; (3) nuisance occasioned by unusual volume or character of traffic or the congregating of a large number of people or vehicles; (4) height of structure; (5) the description of a predominent stable character of use already established, or where terrain, block shape, or other physical features logically provide clear separation of use types. SECTION 15. That subsection 5106.11, paragraphs c, d, and e be changed to read as follows: c. Fences, walls, and hedges not exceeding six feet, six inches (6'6 ") in height may occupy any side or rear yard area, provided: (1) That such does not extend into any front yard. (2) That, in the case of a corner lot, such do not extend into the side yard required along a side • • ORDINANCE NO. 77 PAGE NINE street or into that portion of the rear yard abutting such side street which is equal to the width of the side yard required on said side street. d. Fences or structures exceeding six feet, six inches (6'6 ") in height to enclose commerical or industrial uses, tennis courts, or similar areas, when such fences enclose the rear half of a lot, may be erected subject to the obtaining of a Use Permit therefor. e. Fence surrounding swimming pool - Maximum allowable height, six feet, six inches (6'6 "). SECTION 16. That the second sentence of subsection 5106.15 be changed to read as follows: Unless so attached, an accessory building in an "R" District shall be located on the rear one -half (1/2) of the lot and at least five (5) feet from any dwelling building existing or under construction on the same lot or any adjacent lot. SECTION 17. This ordinance shall take effect thirty (30) days after the date of its adoption, and prior to the expiration of fifteen (15) days from the passage thereof shall be published once in a newspaper of general circulation, published and circulated in the City of Morro Bay and thenceforth and thereafter the same shall be in full force and effect. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a meeting of said City Council held this llth day of March , 1969, by the following roll call vote: ORDINANCE NO. 77 PAGE TEN AYES: • • Councilmen Donohoo, Keiser, Mallery, & Mayor Giannini NOES: None ABSENT: Councilman Bickford ATTEST: M. J,. LITTLE, City Clerk JOS PH C. GIANNINI, Mayor • ORDINANCE NO. 76 AN ORDINANCE REPEALING TITLE X OF THE MORRO BAY MUNICIPAL CODE ENTITLED "FIRE PROTECTION AND PREVENTION" AND ADOPTING A UNIFORM FIRE CODE AND ADOPTING A NEW TITLE X ENTITLED "FIRE PROTECTION AND PREVENTION" AND ADOPTING A UNIFORM FIRE 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. Title X of the Morro Bay Municipal Code, entitled "Fire Protection and Prevention" and adopting a uniform fire code, adopted on February 23, 1965, is hereby repealed. SECTION 2. Title X of the Morro Bay Municipal Code, entitled "Fire Protection and Prevention" and adopting a uniform fire code, is hereby created as follows: CHAPTER I UNIFORM FIRE CODE 10100. Adoption of Uniform Fire Code. There is hereby adopted by the City Council of the City of Morro Bay, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the Uniform Fire Code recommended by the California Fire Chiefs' Asso- ciation, being particularly the 1967 edition thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified, or amended (by Section 10103 of this ordinance), of which code not less than three (3) copies have been and now are filed in the office of the City Clerk and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this ordinance shall take effect, the provisions thereof shall be controlling within the limits of the City of Morro Bay. • • ORDINANCE NO. 76 PAGE TWO 10101. Establishment and Duties of Bureau of Fire Prevention. (1) The Uniform Fire Code shall be enforced by the Bureau of Fire Prevention of the Morro Bay Fire Department which is hereby established and which shall be operated under the supervision of the Chief of the Fire Department. (2) The Chief in charge of the Bureau of Fire Prevention shall be appointed by the Chief of the Fire Department on the basis of qualification and experience. His appointment shall continue during good behavior and satisfactory service, and he shall not be removed from office except for cause. (3) The Chief of the Fire Department may detail such members of the Fire Department as inspectors as shall from time to time be necessary. The Chief of the Fire Department shall recommend to the City Council the employment of technical inspectors, who, when such authorization is made, shall be selected through an examination to determine their fitness for the position. The examination shall be open to members and non - members of the Fire Department, and appointments made after examination shall be for an indefinite term with removal only for cause. (4) A report of the Bureau of Fire Prevention shall be made annually and transmitted to the City Council; it shall contain all proceedings under this code, with such statistics as the Chief of the Fire Department may wish to include therein; the Chief of the Fire Department shall also recommend any amendments to the code which, in his judge- ment, shall be desirable. 10102. Definitions. (1) Wherever the word "Municipality" is used in the Uniform Fire Code, it shall be held to mean the City of Morro Bay. • • ORDINANCE NO. 76 PAGE THREE (2) Wherever the term "Corporation Counsel" is used in the Uniform Fire Code, it shall be held to mean the City Attorney. (3) Wherever the words "Chief of the Bureau of Fire Prevention" are used in the Uniform Fire Code, they shall be held to mean the Fire Marshal. 10103. Amendments made in the Uniform Fire Code. The Uniform Fire Code is amended and changed in the following respects: (1) Section 15.201. RESTRICTED LOCATIONS. After "prohibited ", the following words shall be added: "Except by special permission by the Chief of the Fire Prevention Bureau and using the standards of N.F.P.A. No. 30, 1966 edition." (2) Section 15.212. ABANDONMENT OF TANKS. Section 15.212 shall be amended to read as follows: The following procedure shall govern and control abandon- ment or removal of underground flammable liquid tanks: a. b. c. d. Underground flammable liquid tanks are hereby deemed "out of service" when one of the following occurs: 1. Whenever the owner or user shall so state. 2. Whenever the dispensing apparatus is dis- connected. Underground tanks taken out of service shall be disposed of in any of the three following manners: 1. Being placed in "temporarily out of service" condition. 2. Abandoned in place 3. Removed A permit shall be obtained from the Chief to remove, abandon, place temporarily out of service, or other- wise dispose of any flammable or combustible liquid tank. Any underground tank which is to be permanently abandoned shall be removed from the ground and the hole properly filled. If circumstances warrant, however, such tank may be abandoned in place in a manner and with a material approved by the Chief. ORDINANCE NO. 76 PAGE FOUR e. f. g. h. • • In all cases where tanks are either rendered "temporarily out of service" or permanently abandoned, records shall be kept of the size of the tank, the location, and the date of abandonment and method used for placing the tank in a safe condition. Tanks shall be rendered "temporarily out of service" in accordance with the following procedures: 1. "Temporarily" shall mean a period not to exceed ninety (90) days. It may be extended at the discretion of the Chief of the Bureau of Fire Prevention for such additional ninety (90) day periods as shall be warranted. 2. Gasoline to the extent of five percent (5 %) of the tank capacity shall be left in the tank. 3. The fill line, gauge hatch, and pump suction shall be capped and secured against tampering. 4. The vent line shall be left open. 5. As alternates to the above, the tank may be rendered gas free or filled with water. Tanks which are to be re- installed for flammable or combustible liquid service shall comply with all of the provisions of Division II of Article 15 of this code. Tanks shall be removed in accordance with the following procedures which shall be carried out in the sequence in which they appear herein: 1. Remove all flammable liquid from the tank and connecting lines. 2. Disconnect the suction, inlet, gauge, and vent lines. 3. The tank shall be rendered gas free as indicated by a combustible gas indicator, before removal from the ground. 4. Cap or plug inlets or outlets and keep them capped or plugged during the transportation and storage of the tank. 5. If the tank is to be disposed of as junk, it should be re- tested for explosive vapors, and ORDINANCE NO. 76 PAGE FIVE • • if necessary, rendered gas free. After junking and before releasing to a junk dealer, a sufficient number of holes shall be made in the tank to render it unfit for further use. (3) Section 2722. HOURS OF BURNING. Section 2722, subsection (a) shall be changed to read as follows: a. All burning shall take place between the hours of 6:00 a.m. and 6:00 p.m. of any day. (4) Section 2722. HOURS OF BURNING. Section 2722, subsection (c) shall be changed to read as follows: c. The Fire Department may issue permits for commercial or industrial burning of combustible waste matter or the burning of standing vegetation during hours other than those provided for herein upon finding that such burning is necessary and that it cannot be done within the prescribed hours. Such exemption shall be only for non - continuing uses. 10104. Modifications. The Chief of the Bureau of Fire Prevention shall have power to modify any of the provisions of the Uniform Fire Code upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code, provided that the spirit of the code shall be observed, public safety secured, and sub- stantial justice done. The particulars of such modification when granted or allowed and the decision of the Chief of the Bureau of Fire Prevention thereon shall be entered upon the records of the depart- ment and a signed copy shall be furnished the applicant. 10105. Appeals. Whenever the Chief of the Fire Department shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief of the Fire Department to the City Council within thirty (30) days from the date of the decision appealed. • • ORDINANCE NO. 76 PAGE SIX 10106. New Materials, Processes or Occupancies Which May Require Permits. The Chief of the Fire Department and the Chief of the Bureau of Fire Prevention shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes, or occupancies, which shall require permits, in addition to those now enumerated in said code. The Chief of the Bureau of Fire Prevention shall post such list in a conspicuous place in his office, and distribute copies thereof to interested persons. 10107. Validity. The City Council of the City of Morro Bay hereby declares that should any section, paragraph, sentence, or word of this ordinance or of the code hereby adopted be declared for any reason to be invalid, it is the intent of the City Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. CHAPTER II FIRE ZONES 10200. Fire District. The entire incorporated area of the City of Morro Bay is hereby declared to be and is hereby established as a Fire District. 10201. Fire Zones. Areas within said Fire District shall be known and designated as Fire Zones 1, 2, and 3. Each such fire zone shall include areas of the City of Morro Bay as illustrated, out- lined, and designated on that certain map known as "Map No. 1 of Fire Zones of the City of Morro Bay ", dated January 1, 1969, which is hereby adopted as the Fire Zone Map of the City of Morro Bay. • • ORDINANCE NO. 76 PAGE SEVEN 10202. Regulations Governing Construction Within Fire Zones. Construction of all new buildings or structures and any additions or improvements to existing buildings or structures shall comply with the regulations set forth in the Morro Bay Municipal Code. 10203. Annexations. All territory annexed to the City of Morro Bay shall be assigned to an appropriate fire zone only after the use and type of occupancy has been assigned to said annexed territory by the City Planning Commission. The Chief of the Fire Department and the Building Official shall recommend the assignment of fire zone classifications for said annexed territory to the City Council. 10204. Zoning Changes. Whenever the Zoning Ordinance of the City of Morro Bay is amended to change the zoning of any property to any of the commercial "C" or industrial "M" districts, then such property shall thereafter be considered in fire zone 2. SECTION 3. This ordinance shall take effect thirty (30) days after the date of its adoption, and prior to the expiration of fifteen (15) days from the passage thereof shall be published once in a newspaper of general circulation, published and circulated in the City of Morro Bay and thenceforth and thereafter the same shall be in full force and effect. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a meeting of said City Council held this llth day of February, 1969, by the following roll call vote: AYES: Councilmen Bickford, Donohoo, Keiser, Mallery, & Mayor Giannini NOES: None ABSENT: None ATTEST: IP M. LITTLE, City Clerk J • SEPH C. GIANNINI, Mayor • • ORDINANCE NO. 75 AN ORDINANCE CREATING AND ADDING SECTION 8515 TO CHAPTER V, TITLE VIII OF THE MORRO BAY MUNICIPAL CODE ENTITLED "GOLF CARTS" 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. There is hereby created and added Section 8515 of Chapter V, Title VIII of the Morro Bay Municipal Code entitled "Golf Carts ". 8515. Golf Carts. It shall be lawful for golf carts which are exempted from registration in accordance with Section 4019 of the Vehicle Code of the State of California to be driven on those streets and highways within the incorporated limits of the City of Morro Bay which are within one -half (1/2) mile of the Morro Bay Golf Course. SECTION 2. Effective Date. This ordinance shall be effective thirty (30) days from and after the date of its adoption. SECTION 3. Publication. The foregoing ordinance shall, before the expiration of fifteen (15) days of the passage of same, be published with the names of the Council members voting for and against the same once in a newspaper of general circulation printed and published in the City of Morro Bay, State of California. This ordinance was introduced and read on the 14th day of January , 1969, and passed and adopted on the 28th day of January , 1969, by the following roll call vote: AYES: Councilmen Bickford, Donohoo, Keiser, and Mayor Giannini NOES: None ABSENT: Councilman Mallery ATTEST: / C v w,w JOSEPH C. GIANNINI, Mayor • • ORDINANCE NO. 74 AN ORDINANCE AMENDING 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 The City Council of the City of Morro Bay does ordain as follows: SECTION 1. There is hereby added Section 8619 to Chapter VI of Title VIII of the Morro Bay Municipal Code to read as follows: 8619. Stopping, Standings and Parking Prohibited. No person shall stop, stand, or park any vehicle on any publicly owned property where stopping, standing, or parking in any such area is prohibited or restricted by resolution of the City Council. The City Council may from time to time by resolution determine when stopping, standing, or parking of any vehicle on any publicly owned property is prohibited. The Director of Public Works shall erect and maintain signs as provided by law in such areas and for such hours where stopping, standing, or parking of a vehicle are prohibited or restricted by resolution. The City of Morro Bay has determined that there is a severe police problem regarding parking of vehicles overnight on publicly owned property of this City. It is therefore necessary, and the City Council hereby deter- mines that it is necessary, under Section 36937 of the California Government Code, that this Ordinance take effect immediately upon its adoption. PASSED AND ADOPTED by the City Council of the City of Morro Bay at the meeting of said City Council held this 9th day of July, 1968, by the following roll call vote: • • ORDINANCE NO. 74 PAGE TWO AYES: Councilmen Bickford, Donohoo, Keiser, Mallery, and Mayor Giannini NOES: None ABSENT: None ATTEST: LITTLE, City Clerk 4-4( t'Cs Ui C. GIANNINI, Mayor CERTIFICATION I hereby certify that the foregoing Ordinance was duly and regularly adopted by the City Council of the City of Morro Bay at a regular meeting there- of held on the 9th day of July, 1968. Dated: _ July 9, 1968 M. / LITTLE, City Clerk City of Morro Bay, California • • ORDINANCE NO. 73 AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE FISCAL YEAR 1968 -69 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 certain document entitled "Final Budget, City of Morro Bay, Fiscal Year 1968 -69 ", dated June 25, 1968, is hereby approved and adopted as the Final Budget for Expenditures for the City of Morro Bay for the Fiscal Year 1968 -69. SECTION 2. This Ordinance is being enacted to take effect immediately in accordance with Section 36937 of the Government Code of the State of California. A City is required to make, from time to time, a variety of expenditures in order to provide day to day service for which it is responsible. The City Council finds and determines that the efficiency and economy of City government would be substantially impaired if such expenditures could not be made or such obligations incurred on a daily basis as the need arises. Section 37208 of the Government Code of the State of California provides that payment or demands conforming to a budget approved by ordinance need not be audited by the City Council prior to payment. The City Council hereby determines that this ordinance is necessary, under Section 36937 of the Government Code, for the immed- iate preservation of the public peace, health, or safety, and that this ordinance shall therefore take effect immediately upon its adoption. • • ORDINANCE NO. 73 PAGE TWO PASSED AND ADOPTED by the City Council of the City of Morro Bay at the regular meeting of said City Council held this 25th day of June, 1968, by the following roll call vote: AYES: Councilmen Donohoo, Keiser, Mallery, and Mayor Giannini NOES: Councilman Bickford ABSENT: None ATTEST: / g /. CERTIFICATION EPH C. GIANNINI, Mayor I hereby certify that the foregoing Ordinance was duly and regularly adopted by the City Council of the City of Morro Bay at a regular meeting there- of held on the 25th day of June, 1968. Dated: M. J. LITTLE, City Clerk City of Morro Bay, Calif. • • ORDINANCE NO. 72 AN ORDINANCE CREATING CHAPTER VI TO TITLE IX OF THE MORRO BAY MUNICIPAL CODE ENTITLED UNDERGROUND UTILITIES ORDINANCE T H E C I T Y C O U N C I L City of Morro Bay, California SECTION 1. Chapter VI to Title IX of the Morro Bay Muni- cipal Code entitled Underground Utilities Ordinance is hereby created as follows: CHAPTER VI Article 1 General Provisions 9601.1 Purpose. The public necessity, health, welfare and safety of the people of the City of Morro Bay requires that regula- tions and procedures be established for the removal of poles, over- head wire and associated overhead structures, and for the underground installation of wires and facilities for supplying electric, communi- cations, cable television, or similar or associated service in designated districts. 9601.2 Short Title. This ordinance shall be known by the following short title: "Underground Utilities Ordinance ". Article 2 Definitions 9602. Definitions. Whenever in this ordinance the words or phrases hereinafter defined are used, they shall have the respective meanings assigned to them in this section. ORDINANCE NO. 72 PAGE TWO • • 9602.1 "City" shall mean the City of Morro Bay, a municipal corporation of the State of California, and its officers and employees. 9602.2 "Commission" shall mean the Public Utilities Commission of the State of California. 9602.3 "Council" shall mean the City Council of City. 9602.4 "City Clerk" shall mean the City Clerk of City. 9602.5 "Director of Public Works" shall mean the Director of Public Works of City. 9602.6 "Premises" shall mean and include the integral part of a parcel or lot, including improvements to which electrical service is provided. 9602.7 "Person" shall mean and include individuals, firms, corporations, partnerships, and their agents and employees. 9602.8 "Poles and overhead wires and associated overhead structures" shall mean poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurte- nances located aboveground within the district and used or useful in supplying electric, communication, cable television or similar or associated service. 9602.9 "Utility" shall mean and include all persons or entities supplying electric, communication, cable television, or similar or associated service by means of electrical materials or devices. 9602.10 "Underground Utility District" or "District" shall mean and include that area in the City within which poles, overhead wires, and associated overhead structures are prohibited as such area is designated in a resolution adopted pursuant to provisions of Section 9604.1 of this ordinance. ORDINANCE NO. 72 PAGE THREE • • Article 3 Public Hearing 9603.1 Public Hearing by Council. The Council may, from time to time, call public hearings to ascertain whether the public necessity, health, safety or welfare requires the removal of poles and overhead wires and associated overhead structures within designated areas of City and the underground installation of wires and facilities for supplying electric, communication, cable television, or similar or associated service. 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. The decision of the Council shall be final and conclusive. 9603.2 Notice of Public Hearing. The City Clerk shall notify all affected property owners and utilities by mail of the time and place of the public hearings called by the Council at least thirty (30) days prior to the date thereof. Article 4 Council May Designate Underground Utility Districts by Resolution 9604.1 Resolution Creating Underground Utility District. If, after any such public hearing, the Council finds that the public necessity, health, safety or welfare requires such removal and such underground installation within a designated area, the Council shall, by resolution, declare such designated area an Underground Utility District and order such removal and underground installation. Such resolution shall include a description of the area comprising such district and shall fix the time within which such removal and under- • • ORDINANCE NO. 72 PAGE FOUR ground installation shall be accomplished within which affected property owners must be ready to receive underground service. A reasonable time, to be determined by the City, shall be allowed for such removal and underground installation having due regard for the availability of labor, materials, and equipment necessary for such removal and for the installation of such underground facilities as may be occasioned thereby. 9604.2 Unlawful Acts. Whenever the Council creates a District and orders the removal of poles, overhead wires, and associated over- head structures as provided in Section 9604.1 hereof, it shall be unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ or operate any pole, overhead wire or associated overhead structure in the District after the date when said overhead facilities are required to be removed by such resolution, except as said overhead facilities may be required to furnish service to an owner or occupant of property prior to,the performance, by such owner or occupant or the City, of the underground work necessary for such owner or occupant to continue to receive utility service as pro- vided in Sections 9606.1 and 9608.1 hereof, and for such reasonable time required to remove said facilities after said work has been per- formed, and except as otherwise provided in this ordinance. 9604.3 Exception, Emergency or Unusual Circumstances. Not- withstanding the provision of this ordinance, overhead facilities may be installed and maintained for a period, not to exceed ten (10) days, without authority of the Director of Public Works in order to provide emergency service. The Director of Public Works may grant special permission, on such terms as he may deem appropriate, in cases of emergency or unusual circumstances without discrimination to any person or utility, to erect, construct, install, maintain, use, or operate • • ORDINANCE NO. 72 PAGE FIVE poles and overhead wires and associated overhead structures, not- withstanding any other provisions of this ordinance. 9604.4 Other Exceptions. This ordinance and any resolution adopted pursuant to Section 9604.1 hereof shall, unless otherwise provided for in such resolution, not apply to the following types of facilities: (a) Any municipal facilities such as poles used exclusively for police and fire alarm boxes, traffic signals, or any similar municipal equipment installed under the supervision and to the satisfaction of the Director of Public Works; (b) Poles or electroliers used exclusively for street lighting; (c) Overhead wires (exclusive of supporting structures) crossing any portion of a District within which overhead wires have been prohibited, or connecting to buildings on the perimeter of a District, when such wires originate in an area from which poles and overhead wires and associated overhead structures are not prohibited; (d) Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the same building, or to an adjacent building, without crossing any public street or alley; (e) Radio and television antennas and their associated equipment and supporting structures used by any person or utility for furnishing communication services; (f) Equipment appurtenant to underground facilities such as surface mounted transformers, pedestal mounted terminal boxes, meter cabinets, amplifiers, boosters, and concealed ducts; (g) Roles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in 1 ORDINANCE NO. 72 PAGE SIX • • excess of 34,500 volts; or (h) Temporary poles, overhead structures and associated overhead structures used or to be used in conjunction with construction projects. 9604.5 Notice to Property Owners and Utility Companies. Within ten (10) days after the effective date of a resolution pursuant to Section 9604.1 hereof, the City Clerk shall notify all affected utilities and all persons owning real property within the District created by said resolution of the adoption thereof. Said City Clerk shall further notify such affected property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication, cable television, or other similar or associated service, they or such occupant shall provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location, subject to the provisions of Section 9605.1 and Section 9605.2 hereof. Notification by said City Clerk shall be made by mailing a copy of the resolution adopted pursuant to Section 9604.1, together with a copy of this ordinance, to the affected utilities and to affected property owners as such are shown on the last equalized assessment roll of the County of San Luis Obispo. Article 5 Furnishing and Installing Underground Utilities 9605.1 Installation by Utilities Governed by Public Utilities Commission. If underground construction is necessary to provide utility service within a District created by any resolution adopted pursuant to Section 9604.1 hereof, the supplying utility shall furnish and install that portion of the conduits, conductors, and associated i • ORDINANCE NO. 72 PAGE SEVEN equipment required to be furnished by it under its applicable rules, regulations, and tariffs on file with the Public Utilities Commission. 9605.2 Installation by Utilities Not Governed by the Public Utilities Commission. All cable television and other utilities not governed by the rules and regulations of the Public Utilities Commission shall furnish and install up to the first one hundred (100) feet of conductor to provide for the underground installation from the main conductor to a reasonable point of connection on the termination facility on or within the building or structure being served. The owner or occupant subscribing for said utility service shall provide for any necessary trenching, backfilling, or paving required upon his premises to complete the underground installation. 9605.3 Underground Installations to Conform to Standards. Underground construction by a utility or any person shall be accomplished in accordance with established construction standards and in accordance with the rules and regulations established by the Public Utilities Commission. 9605.4 Location of Underground Utilities within Public Streets, Alleys, Easements, or Ways. The utility shall, prior to any installation of any underground utilities, file plans and specifications with the City setting forth details of construction, the materials to be used, and the location of the proposed underground and surface facilities, to include but not be limited to, conductors, surface mounted trans- formers, pedestal mounted terminal boxes, meter cabinets, amplifiers, boosters, or concealed ducts to be located within or upon public streets, alleys, easements, or ways within the City. Upon approval by the City of said plans and specifications, an encroachment permit will be issued by the City for the proposed construction work. • • ORDINANCE NO. 72 PAGE EIGHT 9605.5 Joint Use of Trenching. All utilities as defined in this ordinance shall, whenever practical, utilize a common trench for the installation of underground utilities to include, but not be limited to, electric, communication, and cable television facilities. It shall be the responsibility of the individual utility company required to install underground utilities to provide for arrangements to utilize a common trench and set forth this fact on all plans and specifications to be submitted to City for approval. Article 6 Responsibility of Property Owners 9606.1 Responsibility of Property Owners. Every owner or occupant operating, leasing, occupying or renting any premises within a District shall construct and provide that portion of the service connection between the facilities referred to in Section 9605.1 and Section 9605.2 and the termination facility on or within the building or structure being served on said premises all in accordance with applicable filed rules, regulations, and tariffs of utilities regulated by the Commission. 9606.2 Discontinuance of Service. In the event any owner or occupant leasing, operating, occupying or renting a premises within a District does not comply with the provisions of Section 9606.1 within the time provided for in the resolution enacted pur- suant to Section 9604.1 hereof, the Director of Public Works shall post written notice on the property being served and thirty (30) days thereafter shall have the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to said property. ORDINANCE NO. 72 PAGE NINE • 1 Article 7 Responsibility of City 9607.1 Responsibility of City. The City shall remove at its own expense all city -owned equipment from all poles required to be removed hereunder in ample time to enable the owner or user of such poles to remove the same within the time specified in the resolution enacted pursuant to Section 9604.1 hereof. Article 8 Extension of Time 9608.1 Extension of Time. In the event that any act required by this ordinance or by a resolution adopted pursuant to Section 9604.1 hereof cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience or other circumstances, then the time within which such act will be accomplished may be extended for a period equivalent to the time of such limitation. Article 9 Damage and Destruction of Facilities 9609.1 Damage and Destruction of Facilities. Any person found to be responsible for damage to or destruction of any underground or surface mounted electric or communication facilities as they now exist or as they may exist in the future shall be held liable for the cost of repair to or replacement of said facilities. Cost shall include charges for all labor, materials, and equipment required for the repair or replacement of said facilities. Failure to pay said costs ORDINANCE NO. 72 PAGE TEN shall subject said person to the penalties set forth in Section 9610.1 of this ordinance and applicable laws of the State of California. Article 10 Penalty 9610.1 penalty. It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this ordinance. Any person violating any provision of this ordinance or failing to comply with any of its requirements may be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding Five Hundred Dollars ($500.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person may be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this ordinance is committed, continued, or permitted by such person, and shall be punishable therefor as provided for in this ordinance. Article 11 Severability 9611.1 Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is, for any reason, held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The Council hereby declares that it would have passed the ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid. ORDINANCE NO. 72 PAGE ELEVEN • SECTION 2. Effective Date. This ordinance shall be effective thirty (30) days from and after the date of its adoption. SECTION 3. Publication. The foregoing ordinance shall, before the expiration of fifteen (15) days of the passage of same, be published with the names of the Council members voting for and against the same once in a newspaper of general circulation printed and published in the City of Morro Bay, State of California. This ordinance was introduced and read on the 26th day of March , 1968, and passed and adopted on the 16th day of April , 1968, by the following roll call vote: AYES: Councilmen Bickford, Bowen, Mallery, Keiser, and Mayor Surfluh NOES: None ABSENT: None ATTEST: C. TED WRI.TE, ity Clerk .'S. SURFLUH Mayor R ORDINANCE NO. 71 AN ORDINANCE CREATING CHAPTER VI TO TITLE XI OF THE MORRO BAY MUNICIPAL CODE ENTITLED, "VEHICLE ABATEMENT ORDINANCE" T H E C I T Y C O U N C I L City of Morro Bay, California SECTION 1: Chapter VI to Title XI of the Morro Bay Munici- pal Code entitled, "Vehicle Abatement Ordinance" is hereby created as follows: CHAPTER VI ARTICLE 1 General Provisions 11601.1 Adoption. This ordinance is adopted by the City Council of the City of Morro Bay under the authority granted by Section 22660 of the Vehicle Code of the State of California to remove abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof as public nuisances. 11601.2 Purpose. The accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof on private or public property, not including highways, is hereby found to create a condition tending to reduce the value of private or pub- lic 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, dismantled or inoperative vehicle or part thereof, on private or public property, not including highways, except as expressly hereinafter permitted, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this ordinance. 11601.3 Short Title. This ordinance shall be known by the following short title, "Vehicle Abatement Ordinance ". ARTICLE 2 Definitions 11602. Definitions. Whenever in this ordinance the words or phrases hereinafter defined are used, they shall have the respective meanings assigned to them in this section. 11602.1 "City" shall mean the City of Morro Bay, a municipal corporation n of the State of California and its officers and employees. a ORDINANCE NO. 71 PAGE TWO 11602.2 "City Clerk" shall mean the City Clerk of City. 11602.3 "City Council" shall mean the City Council of City. 11602.4 "Highway" shall mean a way or place of whatever nature, pub icl ly maintained and open to the use of the public for purposes of vehicular travel. Highway shall include streets, roads, and alleys within the City. 11602.5 "Person" shall include any and all natural and artificial person, including by way of illustration and not limita- tion, individuals, firms, corporations, partnerships, and their agents and employees. 11602.6 "Police Chief" shall mean the chief officer of the Police Department of City. 11602.7 "Private Property" shall mean any parcel, lot or easement, not including highways, owned by any person other than a governmental entity. 11602.8 "Public Property" shall mean any parcel, lot or ease- ment, not including highways owned or held in trust by a governmental entity. 11602.9 "Vehicle" shall mean a device by which any person or property may be transported, propelled, moved or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks. ARTICLE 3 Exclusions 11603.1 This ordinance 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 pub- lic or private 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 licensed 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. The term "licensed" whenever used in this ordinance means any and all licensing requirements of the State of California and the City from time to time applicable to the stated person or activity. ARTICLE 4 Administration 11604.1 Other Ordinances, Codes and Statutes to Apply. This ordinance is not the exclusive regulation of abandoned, wrecked, dis- mantled or inoperative vehicles within the City. It shall supplement and be in addition to the other regulatory codes, statutes and ordi- nances heretofore or hereafter enacted by the City, the State, or any other legal entity or agency having jurisdiction. ORDINANCE NO. 71 PAGE THREE 11604.2 Administration and Enforcement. Except as other- wise provided herein, the provisions of this ordinance shall be administered and enforced by the Chief of Police. In the enforce- ment of this ordinance, such officer and his deputies may enter upon private or public property to examine a vehicle or parts thereof or obtain information as to the identity of a vehicle and to remove or cause the removal of a vehicle or part thereof declared to be a public nuisance pursuant to this ordinance. 11604.3 Contract or Franchise to Remove Vehicles. The City Council may contract with or grant a franchise to any person to re- move or cause the removal of a vehicle or part thereof declared to be a public nuisance pursuant to this ordinance and such person shall be authorized to enter upon private or public property to cause such removal. 11604.4 Administration Costs. The City Council shall, from time to time, determine and fix an amount to be assessed as adminis- trative costs. Said administrative costs shall be exclusive of the actual cost of removal of any vehicle or part thereof under the provisions of this ordinance. ARTICLE 5 Public Hearings 11605.1 Public Hearing by Council. A public hearing shall be held by the City Council on the question of abatement and removal of the vehicle or part 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 part thereof against the property on which it is located. 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 ordinance shall be heard before the City Council which shall hear all facts and testimony it deems pertinent. Said facts and testimony may include testimony on the condition of the vehicle or part thereof and the circumstances concerning its location on the said private or public property and the ownership of said vehicle. The City Council shall not be limited by the technical rules of evidence. 11605.2 Notice of Public Hearing. Notice of Public Hearing shall be mailed at least ten (10) days before the hearing date by certified mail with a five (5) 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 of San Luis Obispo and to the last registered and legal 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. If any of the foregoing notices are returned undelivered by the United • ORDINANCE NO. 71 PAGE FOUR States Post Office, the hearing shall be continued to a date not less than ten (10) days from the date of such return. 11605.3 Notice to California Highway Patrol. Notice of hearing shall also be given to the California Highway Patrol identifying the vehicle or part thereof proposed for removal, such notice to be mailed at least ten (10) days prior to the public hearing. 11605.4 Rights of Property Owners. The owner of the property on which the vehicle is located may appear in person at the hearing or present a written statement in time for consideration at said hearing and deny responsibility for the presence of the vehicle on the property, with his reasons for such denial. ARTICLE 6 Order for Removal or Other Action 11606.1 City Council Action. At the conclusion of the public hearing, the City Council may impose such conditions and take such other action as is deemed appropriate under the circumstances to carry out the purpose of this ordinance. It may delay the time for removal of the vehicle or part thereof if, in its opinion, the circum- stances so justify. The City Council may find that a vehicle or part thereof has been abandoned, wrecked, dismantled or is inoperative on private or public property and order the same removed from the pro- perty as a public nuisance and disposed of as hereinafter provided and determine the administrative costs and the cost of removal and disposal to be charged against the owner of the property on which the vehicle or part thereof is located. The order requiring removal shall include a description of the vehicle or part thereof and the correct identification number and license number of the vehicle, if reasonably available at the site. 11606.2 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 he has not subsequently acquiesced in its presence, the City Council shall not assess costs of adminis- tration 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. ARTICLE 7 Removal and Disposal of Vehicles 11607.1 Removal and Disposal. Five (5) days after adoption by the Cites y Council of the order declaring the vehicle or part thereof to be a public nuisance, the vehicle or part thereof may be disposed of by removal to a junk yard or an automobile dismantler's ORDINANCE NO. 71 PAGE FIVE yard. After the vehicle has been removed it shall not thereafter be reconstructed or made operable. 11607.2 Notice to Department of Motor Vehicles. Within five (5 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 of California identifying the vehicle or part thereof removed and disposed of. At the same time, there shall be trans- mitted to said Department of Motor Vehicles any evidence of regis- tration reasonably available including registration certificates, certificates of title and license plates. 1.1607.3 Failure to Pay Administrative, Removal and Disposal 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 11606.1 are not paid within thirty (30) 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 of California 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. ARTICLE 8 Unlawful Actions Defined 11608.1 Abandonment, Parking, Leaving or Storing of Vehicle. It shall be 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 (3) days unless such vehicle or part thereof is completely enclosed within a building in a lawful manner where it is not plainly visible from the street or 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. 11608.2 Failure to Remove. It shall be unlawful for any person tol or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or part thereof or refuse to abate such nui- sance when ordered to do so in accordance with the abatement pro- visions of this ordinance or State law where such State law is applicable. ARTICLE 9 Penalties 11609.1 Penalty. It shall be unlawful for any person to violate ORDINANCE NO. 71 PAGE SIX any provision or to fail to comply with any of the requirements of this ordinance. Any person violating any provision of this ordinance or failing to comply with any of its requirements may be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding Five Hundred Dollars ($500.00) or by im- prisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person may be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this ordinance is committed, continued or per- mitted by such person, and shall be punishable therefor as provided in this ordinance. ARTICLE 10 Severability 11610.1 Severability. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The Council hereby declares that it would have passed the ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. SECTION 2. Effective Date. This ordinance shall be effective thirty (30) days from and after the date of its adoption. SECTION 3. Publication. The foregoing ordinance shall, be- fore the expiration of fifteen (15) days of the passage of same, be published with the names of the Council members voting for and against the same once in a newspaper of general circulation printed and published in the City of Morro Bay, State of California. This ordinance was introduced and read on the 13th day of February, 1968 and passed and adopted on the 27th day of February, 1968, by the following roll call vote: AYES: Councilmen Bickford, Bowen, Mallery and Mayor Surfluh NOES: None ABSENT: Councilman Keiser ATTEST: ` C 'LL 2 .(LLB Y_ C. TED WHITE, Ci y Clerk S. SURFj74UH, Mayor I • • ORDINANCE NO. 70 AN ORDINANCE AMENDING CHAPTER VIII OF TITLE II OF THE MORRO BAY MUNICIPAL CODE ENTITLED UNIFORM TRANSIENT OCCUPANCY TAX ORDINANCE 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 2802 of the Morro Bay Municipal Code is amended to read as follows: 2802. Tax Imposed. For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of five percent (5%) of the rent charged by the operator. Said 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 pro- portionate 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. SECTION 2. Effective Date. This ordinance shall be effec- tive thirty (30) days from and after the date of its passage except that the tax imposed by this section shall be four percent (4%) until July 1, 1968, at which time the tax imposed shall increase to five percent (5%), and no increase in the tax shall apply prior to said date. SECTION 3. Publication. The foregoing ordinance shall, be- fore the expiration of fifteen (15) days of the passage of same, be published with the names of the Council members voting for and against the same once in a newspaper of general circulation printed and published in the City of Morro Bay, State of California. This ordinance was introduced and read on the 23rd day of January, 1968, and passed and adopted on the 13th day of February, 1968, by the following roll call vote: AYES: Councilmen Bickford, Bowen, Mailery and Mayor Surfluh NOES: None ABSENT: Councilman Keiser ATTEST: C. TED WHITE, City Clerk I S. SURFLUH{ Mayor • ORDINANCE NO. 69 AN ORDINANCE CREATING AND ADDING CHAPTER XII TO TITLE II OF THE MORRO BAY MUNICIPAL CODE, ENTITLED REAL PROPERTY TRANSFER TAX ORDINANCE 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 XII to Title II of the Morro Bay Municipal Code entitled "Real Property Transfer Tax Ordinance" is hereby created as follows: CHAPTER XII REAL PROPERTY TRANSFER TAX ORDINANCE 21201. TITLE - ADOPTION 21201.1 This Ordinance shall be known as the "Real Property Transfer Tax Ordinance of the City of Morro Bay ". It is adopted pursuant to the authority contained in Part 6.7 (commencing with Section 11901) of Division 2 of the Revenue and Taxation Code of the State of California. 21202. GENERAL 21202.1 There is hereby imposed on each deed, instrument or writing by which any lands, tenements, or other realty sold within the City of Morro Bay shall be granted assigned, transferred or otherwise conveyed to, or vested in, the purchaser or purchasers, or any other person or persons, by his or their direction, when the consideration or value of the interest or property conveyed (exclusive of the value of any lien or encumbrances remaining thereon at the time of sale) exceeds one hundred dollars ($100), a tax at the rate of twenty -seven and one -half cents ($0.275) for each five hundred • • ORDINANCE NO. 69 PAGE TWO dollars ($500) or fractional part thereof. 21203. PERSON LIABLE 21203.1 Any tax imposed pursuant to Section 21202 hereof shall be paid by any person who makes, signs or issues any docu- ment or instrument subject to the tax, or for whose use or benefit the same is made, signed or issued. 21204. EXCEPTIONS 21204.1 Security Instrument. Any tax imposed pursuant to this ordinance shall not apply to any instrument in writing given to secure a debt. 21204.2 Governmental Entities. The United States or any agency or instrumentality thereof, any state or territory, or political subdivision thereof, or the District of Columbia shall not be liable for any tax imposed pursuant to this ordinance with respect to any deed, instrument, or writing to which it is a party, but the tax may be collected by assessment from any other party liable therefor. 21204.3 Plans of Reorganization or Adjustment. Any tax im- posed pursuant to this ordinance shall not apply to the making, delivering or filing of conveyances to make effective any plan of reorganization or adjustment - (1) Confirmed under the Federal Bankruptcy Act, as amended; (2) Approved in an equity receivership proceeding in a court involving a railroad corporation, as defined in subdivision (m) of Section 205 of Title 11 of the United States Code, as amended; • • ORDINANCE NO. 69 PAGE THREE (3) Approved in an equity receivership proceeding in a court involving a corporation, as defined in subdivision (3) of Section 506 of Title 11 of the United States Code, as amended; or (4) Whereby a mere change in identity, form or place of organization is effected. Subdivisions (1) to (4) inclusive of this section shall only apply if the making, delivery or filing of instruments of transfer or conveyances occurs within five (5) years from the date of such confirmation, approval or change. 21204.4 Documents Pertaining to Orders of the Securities and Exchange Commission. Any tax imposed pursuant to this ordinance shall not apply to the making or delivery of conveyances to make effective any order of the Securities and Exchange Commission, as defined in subdivision (a) of Section 1083 of the Internal Revenue Code of 1954; but only if - (1) The order of the Securities and Exchange Commission in obedience to which such conveyance is made recites that such conveyance is necessary or appropriate to effectuate the provisions of Section 79k of Title 15 of the United States Code, relating to the Public Utility Holding Company Act of 1935; (2) Such order specifies the property which is ordered to be conveyed; (3) Such conveyance is made in obedience to such order. 21204.5 Partnerships. (1) In the case of any realty held by a partnership, no levy shall be imposed pursuant to this ordinance by reason of any transfer of an interest in a partnership or otherwise, if - (a) Such partnership (or another partnership) is considered a continuing partnership within the meaning of Section 708 of the Internal Revenue Code of 1954; and (b) Such continuing partnership continues to hold the realty concerned. ORDINANCE NO. 69 PAGE FOUR (2) If there is a termination of any partnership within the meaning of Section 708 of the Internal Revenue Code of 1954, for purposes of this ordinance, such partnership shall be treated as having executed an instrument where- by there was conveyed, for fair market value (exclusive of the value of any lien or encumbrance remaining thereon), all realty held by such partnership at the time of such termination. (3) Not more than one tax shall be imposed pursuant to this ordinance by reason of a termination described in subdivision (2), and any transfer pursuant thereto, with respect to the realty held by such partnership at the time of such termination. 21205. ADMINISTRATION BY COUNTY RECORDER. 21205.1 The County Recorder shall administer this ordinance in conformity with the provisions of Part 6.7 of Division 2 of the Revenue and Taxation Code and the provisions of any county ordinance adopted pursuant thereto. 21206. CLAIMS FOR REFUND 21206.1 Claims for refund of taxes imposed pursuant to this ordinance shall be governed by the provisions of Chapter 5 (commencing with Section 5096) of Part 9 of Division 1 of the Revenue and Taxation Code of the State of California. 21207. EFFECTIVE DATE 21207.1 This ordinance shall become operative upon the opera- tive date of any ordinance adopted by the County of San Luis Obispo, pursuant to Part 6.7 (commencing with Section 11901) of Division 2 of the Revenue and Taxation Code of the State of California, or upon the effective date of this ordinance, whichever is the later. 21208. FILING BY CITY CLERK 21208.1 Upon its adoption, the City Clerk shall file two (2) copies of this ordinance with the County Recorder of San Luis Obispo County. . '. • ORDINANCE NO. 69 PAGE FIVE • SECTION 2. This ordinance is being enacted to take effect immediately in accordance with Section 36937 of the Government Code of the State of California, inasmuch as it provides for tax levy for the usual and current expenses of the City. SECTION 3. Prior to the expiration of fifteen (15) days from the passage thereof, this ordinance shall be published one (1) time in a newspaper of general circulation, published and circulated in the City of Morro Bay. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a meeting of said City Council held this 28th day of November , 1967, by the following roll call vote: AYES: Councilmen Bickford, Bowen, Keiser and Mallery NOES: None ABSENT: Mayor Surfluh ATTEST: C. ED WHIT , City Clerk S. SURFLUfi4 Mayor ORDINANCE NO. 68 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF MORRO BAY (LOTS 30 THROUGH 34, BLK3, MORRO HEIGHTS TRACT) T H E C I T Y C O U N C I L City of Morro Bay, California The City Council of the City of Morro Bay does ordain as follows: SECTION 1. The Zoning Map of the City of Morro Bay, adopted pursuant to Section 5103.2 of the Morro Bay municipal Code, shall be and is hereby amended to change the zoning on the following described property from C -1 and R -3 to R -4, 8 -8: All that property generally described as Lots 30, 31, 32, 33, and 34, Block 3, Morro Heights Tract, City of Morro Bay. SECTION 2. This ordinance shall take effect and be in full force and effect thirty (30) days after its passage, and before the expiration of fifteen (15) days after the passage of this ordinance, it shall be published once with the names of the members of the City Council voting for and against the ordinance in a newspaper of local circulation published within the City of Morro Bay. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a meeting of said Council held this 14th day of November 1967, on the following roll call vote: AYES: Councilmen Bickford, Bowen, Keiser, Mallery & Surfluh NOES: None ABSENT: None • ORDINANCE NO.68 PAGE TWO 1 ' " S. SURFLUH, My • ATTEST: C. TED WHITE, ity Cler CERTIFICATION OF CITY CLERK I hereby certify that the foregoing ordinance was duly and regularly adopted by the City Council of the City of Morro Bay at a regular meeting thereof held on the 14th day of November, 1967. Dated: C. TED WHITE, City Clerk City of Morro Bay, Calif. ORDINANCE NO. 67 AN ORDINANCE AMENDING SECTIONS 9102, 9105, 9106 9107, 9108, 9110, 9111, 9113, 9117, 9123, 9300 AND 11132, AND DELETING SECTIONS 9124 AND 9125 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 9102 of the City of Morro Bay Municipal Code be amended by adding a second paragraph to read as follows: 9102. (Paragraph 2): Letter applications will be honored to furnish service as requested. Upon receipt of said application, the Water Department will immediately send an application form for signature which shall be re- turned within ten (10) days. SECTION 2: That Section 9105 of the City of Morro Bay Municipal Code be amended to read as follows: 9105. Charges for new service connections. Charges for new service connections shall be payable in advance. The cost of installation for service connections shall be determined by the Water Department and they shall include all costs for labor, materials, meter and overhead. The cost of installation shall be deemed the service connection charge and there shall be no refunds or additional charges made. The amount paid by the applicant shall be the final charge for the installation of the service connection. Charges for installing service connections outside the corporate limits of the City shall be made at double the rates applicable for charges for service connections inside the City. SECTION 3: That Section 9106 of the City of Morro Bay Municipal Code be amended to read as follows: 9106. Main Extensions to serve new customers. A. Mains will be extended to serve all new customers under the following conditions: 1. No main-extension will be made except on an approved dedicated street, alley or recorded easement. 2. Cost of installing the main extension and all related • • ORDINANCE NO. 67 (Amending Municipal Code) PAGE TWO water facilities to serve the customer's property shall be borne by the customer. 3. The main extension and all related facilities shall be subject to all the requirements as set forth in the Subdivision Ordinance, when applicable, and the design and installation of all facilities shall be in accordance with the Standard Specifications of the City. The City has the right to require the customer to install additional mains and related facil- ities in the event an existing main of insufficient capacity is adjacent to or near the customer's property. New subdivisions, commercial or industrial developments with large domestic or fire flow requirements shall be required to extend a main of adequate size to the nearest existing main of sufficient size to meet the customer's flow requirements, without adversely affecting service to present customers. 4. The minimum size of water mains shall be as specified by the City and in no case shall they be less than six inches (6 ") in diameter. 5. The City may, at its discretion, require the installation of water mains of greater size and capacity than are needed to meet the customer's service demands. The difference between the cost of water mains required for service and water mains of greater size and capacity shall be borne by the City. The City shall be the final judge in determining the excess size of the water mains required to serve the needs of the public. 6. Mains shall be extended completely across the face of the customer's property unless otherwise specified by the City. 7. The City shall have the option of installing service con- nections on new main extensions. Service connections installed by the City shall be paid for in advance by the customer. 8. Upon official acceptance, the City shall assume full owner- ship, maintenance and control of such mains and related facilities. B. Prior to commencing construction of the main extension, the customer shall submit plans to the City for approval. Upon approval of the plans by the City and after complying with all requirements of the City, the customer may then proceed with construction of the main extension. Actual construction • ORDINANCE NO. 67 (Amending Municipal Code) PAGE THREE work shall be performed only by competent pipeline contractors approved by the City and all of the work will be subject to inspection and final approval by the City. The size, design, location, materials, type and placement of fire hydrants and all construction work shall be approved by the City prior to granting final acceptance of the main extension. SECTION 4. That Section 9107 of the City of Morro Bay Municipal Code be amended to read as follows: 9107. Pumping and storage facilities to serve new customers: The City shall determine if additional pumping and storage facilities are re- quired to serve a new customer. Additional facilities shall be installed when property is situated at an elevation above existing storage and pipeline facilities, to maintain a minimum pressure of 40 pounds per square inch in the water distribution system. Such facilities shall be installed by the customer at their sole expense and shall be of the size and capacity as specified by the Water Department to meet the required domestic and fire flows. The City shall have the right to require the installation of pumps and storage facilities of greater capacity than that required for any de- velopment and shall, upon completion of said installation, pay such excess costs. SECTION 5. That Section 9108 of the Morro Bay Municipal Code by amended to read as follows: 9108. Service connections and billing charges for service to separate premises and multiple units. A. Separate premises shall be supplied water through an individual service connection and meter. It is specifically prohibited for an owner or agent of two or more adjoining premises to extend a water line between said premises for the purpose of serving water to separate premises. B. In cases where an owner receives City approval to split an existing lot or parcel of property, a new service connection and meter shall be in- stalled at the owner's expense to serve the separate premises. C. Separate residential, commercial or industrial occupancies, if situated on the same premises and not under a common roof, shall have separate service connections and meters. • ORDINANCE NO. 67 (Amending Municipal Code) PAGE FOUR D. A single service connection and meter is permitted to serve such premises as duplexes, tri- plexes, apartment houses or motels, provided that such buildings are plumbed as an integral unit, are constructed with a common roof, and have a service connection of a size that will provide for adequate service. SECTION 6: That Section 9110 of the City of Morro Bay Municipal Code be amended by adding subsections A(3)e and B(5) as follows: 9110 A(3)e. The date service is discontinued will be the date the customer signs a turn -off request or the date a letter requesting dis- continuance of service is received at the Water Department office. B(5). A penalty of fifty cents ($.50) per billing will be imposed on all delinquent accounts. SECTION 7: That Section 9111 of the City of Morro Bay Municipal Code be amended by adding subsection "D" as follows; 9111 D. Any adjustments required to be made for meter errors under paragraphs B and C shall be approved by the City Administrator or his designated representative. SECTION 8: That Section 9113 of the City of Morro Bay Municipal Code be amended by adding a second sentence to subsection A to read as follows: 9113 A (Second sentence): The City shall require the installation of a detector - check meter by the customer. SECTION 9: That subsection B of Section 9117 be amended to read as follows: 9117 B. Use of fire hydrants by contractors for temporary service. Contractors requesting water supplied through fire hydrants must first obtain permission from the Water Department. A $5.00 fee shall be paid in advance by the contractor for installation and removal of a fire hydrant meter. The Water Department shall designate the specific fire hydrant to be used in the general area of the contractor's work. There shall be a charge of $1.00 per day for each day the meter is in service, beginning with the day the meter is installed, and including the day the meter is removed • • • ORDINANCE NO. 67 (Amending Municipal Code) PAGE FIVE at the request of the contractor. Requests for meter set and removal shall be made in writing on a form and in the manner as specified by the Water Department. In addition to the above charges, water supplied through fire hydrant meters shall be charged at a rate of $.40 per 100 cubic feet. The Water Department may elect not to require a fire hydrant meter and to charge for water by the tank truck load for brief periods of service at a rate not less than $1.00 per 1,000 gallons, taking into consideration the size of the tank and the total number of times the tank is filled. A $5.00 service charge shall be paid in advance by the contractor for the privilege of using a fire hydrant for temporary water service without the use of a hydrant meter. Said $5.00 service charge is to be paid in addition to costs for water used. All billings for temporary water service are due and payable upon presentation to the contractor receiving said service. It is specifically prohibited for any person to operate the valve of any fire hydrant other than by use of an approved spanner wrench designed for this purpose. All damages to any fire hydrant meter valve or related facility shall be paid for by the contractor if said damages occur during the period of temporary service to said contractor. SECTION 10. That Section 9123 of the City of Morro Bay Municipal Code be amended to read as follows: 9123 Rates for Service. The rates to be charged for water service for every two months ad-monthly) for regular water service shall be made according to the size of the meter through which the water is supplied and by the quantity of water used as determined by meter readings, and in accordance with the following rate schedules: A. Meter rates; INSIDE CITY OUTSIDE CITY Meter Size Meter Charge Meter Charge 5/8" None $ 1.00 1 $ 1.00 2.00 1 -1/4 1.50 3.00 1 -1/2 2.00 4.00 2 4.00 8.00 3 7.00 14.00 4 10.00 20.00 6 16.00 32.00 - ,,ORDINANCE NO. 67 • (Amending Municipal Co • PAGE SIX B. Quantity rates: Quantity of Water Used First 1600 cubic feet or less Next 2400 cubic feet, per 100 cubic feet All over 4000 cubic feet, per 100 cubic feet • Inside City Outside City $ 6.00 .20 .15 $ 12.00 .40 .30 SECTION 11: That Section 9124 of the City of Morro Bay Municipal Code be deleted. SECTION 12: That Section 9125 of the City of Morro Bay Municipal Code be deleted. SECTION 13: That Section 9300 of the City of Morro Bay Municipal Code be amended to read as follows: 9300. Improvements: To Conform to Standards: All improvement work done on public rights -of -way, the tide and submerged lands of Morro Bay /Harbor, City owned property, or on easements which are or may be accepted for maintenance by the City of Morro Bay, shall conform to the standards set forth in the "Standard Improvement Specifications and Drawings ", edition of July 1, 1967, which may from time to time be amended and /or added to, and the same is hereby adopted and incorporated as fully as if set out in length herein, and from the date on which this ordinance shall take effect, the provisions thereof shall be controlling within the limits of the City of Morro Bay. Improvement Specifications and Drawings are on file in the Office of the City Clerk, the Planning and Building Department and the Department of Public Works for use and examination by the public. SECTION 14. That Section 11132 of the City of Morro Bay Municipal Code be amended to read as follows: 11132. Dogs that bite human beings to be isolated: Any dog in the City known or suspected of having bitten a human being, or known or sus- pected by the Health Department of having rabies or any other animal disease of a character dangerous to human beings, shall be promptly isolated in the manner and place specified by the health office and there held at the expense of the owner of such dog or it shall be promptly destroyed. If, after a period specified in Section 2606(b) of Title XVII of the California Administrative Code, the dog that did the biting is found to be well, it shall be released into the custody of the owner thereof unless ORDINANCE NO. 67 (Amending Municipal Code) PAGE SEVEN otherwise directed by the health officer. SECTION 15: This Ordinance shall take effect thirty (30) days after the date of its adoption, and prior to the expiration of fifteen (15) days from the passage thereof shall be published once in a newspaper of general circulation, published and circulated in the City of Morro Bay and thence- forth and thereafter the same shall be in full force and effect. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a meeting of said City Council held this 14th day of November 1967, by the AYES: NOES: ABSENT: ATTEST: following roll call vote: Councilmen Bickford, Bowen, Keiser, Mallery & Mayor Surfluh None None C. TED WHITE, City Clerk CERTIFICATION I hereby certify that the foregoing ordinance was duly and regularly adopted by the City Council of the City of Morro Bay at a regular meeting thereof held on the 14th day of November, 1967. DATED: C. TED WHITE, City Clerk City of Morro Bay, California • • ORDINANCE NO. 66 AN ORDINANCE AMENDING SECTIONS 4110, 4111, 4112, 4115, 4200, 4206, 4210, 4215, 4230, 4231, 4232, 4240, 4260, 4273 AND 5307.4, AND DELETING SECTIONS 4203 AND 4220 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 subsection 1 of Section 4110 of the City of Morro Bay Municipal Code be deleted and that Section 4110 be amended to read as follows: 4110. Administration. The administration and enforcement of this ordinance is hereby assigned to the City Administrator, in accordance with Section 2705.1 of Chapter 7, Title II of the Morro Bay Municipal Code. The City Administrator, in accordance with Section 2705.3 of Chapter 7, Title II of the Morro Bay Municipal Code, may appoint those employees needed to enforce this ordinance and to perform the necessary inspection services required to enforce this and other City and State building and safety laws. SECTION 2: That Section 4111 of the City of Morro Bay Municipal Code be amended to read as follows: 4111. Records and Auditing. It shall be the duty of the Planning and Building Department to keep a permanent record of all pertinent trans- actions under this ordinance. All fees collected shall be turned over to the City Treasurer for deposit. A copy of all Building Permits issued shall be transmitted to the office of the County Assessor. SECTION 3: That Section 4112 of the City of Morro Bay Municipal Code be amended to read as follows: 4112. Liability. This ordinance shall not be construed as imposing upon the City of Morro Bay, or upon any of its officials or employees, any liability or responsibility for injury or damage resulting from any work approved or performed with respect to this ordinance, or by reason of any inspection performed hereunder. No person shall be relieved of the responsi- ri • • ORDINANCE NO. 66 (Amending Municipal Code) PAGE TWO bility of compliance with this ordinance because of an error or omission made by a city official or employee. SECTION 4: That subsection 1 of Section 4115 of the City of Morro Bay Municipal Code be amended to read as follows: 4115.1. Official Codes Filed. Not less than three (3) certified copies of the "Uniform Building Code, Volume I ", "Uniform Building Code, Volume II -- Mechanical ", "Uniform Building Code, Volume III -- Housing ", "Uniform Plumbing Code" and "National Electric Code" adopted by reference herein shall be filed in the Office of the City Clerk of the City of Morro Bay, and all of said certified copies shall be kept in the City Clerk's Office for public inspection while this ordinance is in effect. SECTION 5: That Section 4200 of the City of Morro Bay Municipal Code be amended to read as follows: 4200. Uniform Building Code Adopted. That certain Building Code, known and designated as Uniform Building Code, 1967 Edition, Volume I, Pages 1 through 595 inclusive, and which Code is promulgated and was pub- lished in 1967 by International Conference of Building Officials, 50 South Los Robles, Pasadena, California, is hereby adopted by reference with the same force and effect as if fully set forth herein. SECTION 6: That Section 4203 of the City of Morro Bay Municipal Code be deleted. SECTION 7: That Subsection 4 of Section 4206 of the City of Morro Bay Municipal Code be amended to read as follows: 4206.4. Table No. 3 -A, Building Permit Fees, on Page 31 of the Uniform Building Code is hereby deleted and the following substituted in lieu thereof: "Building Permit Fees Table No. 1" TOTAL VALUATION FEE Less than $100.00 $100.00 to $500.00 $501.00 to $2,000.00 NO FEE $5.00 $5.00 for the first $500.00, plus $1.00 for each additional $100.00 or fraction • • ORDINANCE NO. 66 (AMENDING MUNICIPAL CODE) PAGE THREE 4206.4 (Continued) TOTAL VALUATION FEE thereof, to and including $2,000.00 $ 2,001.00 to $ 25,000.00 $20.00 for the first $2,000.00, plus $3.00 for each additional thousand or fraction thereof, to and includ- ing $25,000.00 $ 25,001.00 to $ 50,000.00 $89.00 for the first $25,000.00, plus $2.50 for each additional thousand or fraction thereof, to and includ- ing $50,000.00 $ 50,001.00 to $100,000.00 $151.50 for the first $50,000.00, plus $1.50 for each additional thou- sand or fraction thereof, to and in- cluding $100,000.00 $100,001.00 and up $226.50 for the first $100,000.00, plus $1.00 for each additional thou- sand or fraction thereof. SECTION 8: That Section 4210 of the City of Morro Bay Municipal Code be amended to read as follows: 4210. Electrical Code Adopted. That certain code known and desig- nated as "National Electric Code, 1965 Edition ", pages 1 through 388 in- clusive, and which code is promulgated and was published by the National Fire Protection Association, 60 Batterymarch Street, Boston 10, Massachu- setts, is hereby adopted by reference with the same force and effect as if fully set forth herein. SECTION 9: That Section 4215 of the City of Morro Bay Municipal Code be amended to read as follows: 4215. Fees (Table II). 1. Any person desiring an electrical permit shall, at the time of filing an application therefor, pay a fee as required in this section. For issuing permits, each $ 1.00 For each meter loop or any service change 2.00 Additions or alterations, 8 baseplugs or 10 light equals one circuit, each 50 cents, minimum 1.00 Dwelling outlets, receptacles, switches on new construction Up to 600 sq. ft. 6.00 600 to 1000 sq. ft. 8.00 1000 to 1500 sq. ft 10.00 1500 to 3000 sq. ft 12.00 • • ORDINANCE N0.66 (AMENDING MUNICIPAL CODE) PAGE FOUR 4215. (Continued) 3000 to 4000 sq. ft $14.00 For each circuit in other than dwelling occupancies First 25 circuits each 1.OD Additional circuits .25 For each motor of not more than 1 H.P. .25 For each motor of more than 1 H.P. but not more than 2 H.P. .50 For each motor of more than 2 H.P. but not more than 5 H.P. 1.00 For each motor of more than 5 H.P. but not more than 15 H P 1.50 For each motor of more than 15 H.P. but not more than 50 H P 2.50 For each motor of more than 50 H.P. but not more than 200 H.P. 5.00 For each motor of more than 200 H.P. 10.00 For each generator, transformer or welder, each K.V.A. capacity shall be considered as one (1) H.P. in a motor. For each motor - generator, set or frequency changed, the fee charges shall be 75% greater than for the motor alone For the inspection of any electrical equipment for which no fee is herein prescribed, for the time consumed, per hour With a minimum charge of 7.00 3.50 SECTION 10: That Section 4220 of the City of Morro Bay Municipal Code be deleted. SECTION 11: That Section 4230 of the City of Morro Bay Municipal Code be amended to read as follows: 4230. Plumbing Code Adopted. That certain plumbing code known and designated as the "Uniform Plumbing Code, 1967 Edition ", Pages 1 through 165 inclusive, promulgated and published by the International Association of Plumbing and Mechanical Officials, 5032 Alhambra Ave., Los Angeles, California, is hereby adopted by reference with the same force and effect as if fully set forth herein. SECTION 12: That Subsection 2 of Section 4231 of the City of Morro Bay Municipal Code be amended to read as follows: • • ORDINANCE NO. 66 (AMENDING MUNICIPAL CODE) PAGE FIVE 4231. Modification and Amendments. 2. Section 1.2, (a) insert "Building Official" in the blank spaces in the first paragraph and (b) delete the second paragraph. SECTION 13: That Section 4232 of the City of Morro Bay Municipal Code be amended to read as follows: 4232. Fees (Table III). For issuing each permit $ 1.00 In addition: For each plumbing fixture or trap or set of fixtures on one trap (including water and drainage piping). . . 1.00 For each building sewer line and lateral /main connection 7.50 For each water heater and /or vent 1.00 For each Gas Piping System of 1 -5 outlets 1.00 For each Gas Piping System of 6 or more, per outlet. .20 For each industrial waste pre- treatment interceptor including its trap and vent, excepting kitchen type grease interceptors functioning as fixture traps . . . 1.00 For installation, alteration or repair of water piping and /or water treatment equipment 1.00 For repair or alteration of drainage or vent piping. 1.00 For each lawn sprinkler system or any one meter, including backflow protection devices therefrom. . . . 2.00 SECTION 14: That Section 4240 of the City of Morro Bay Municipal Code be amended to read as follows: 4240. Uniform Mechanical Code. That certain Uniform Building Code Volume II - Mechanical, also know as the Uniform Mechanical Code, 1967 Edition, which code is promulgated and published jointly by the Internation- al Conference of Building Officials, 50 Los Robles, Pasadena, California, and the International Association of Plumbing and Mechanical Officials, 5032 Alhambra Avenue, Los Angeles, California, is hereby adopted by refer- ence with the same force and effect as if fully set forth herein. SECTION 15: That Section 4260 of the City of Morro Bay Municipal Code be amended to read as follows: 4260. Uniform Housing Code Adopted. That certain housing code, known ,- • • • ORDINANCE NO. 66 (AMENDING MUNICIPAL CODE) PAGE SIX and designated as "Uniform Building Code Volume III 'Housing' 1967 Edition ", pages 1 through 91 inclusive, promulgated and published by the Internation- al Conference of Building Officials, 50 Los Robles, Pasadena, California, is hereby adopted by reference with the same force and effect as if fully set forth herein. SECTION 16: That subsection 1 of Section 4273 of the City of Morro Bay Municipal Code be amended to read as follows: 4273. Parking Requirements. 1. Commercial boat docking facilities shall provide one vehicle parking space for each one and one -half (1h) mooring spaces and /or each twenty -five (25) lineal feet of dock, plus one (1) added space for each two (2) employees. Parking spaces shall be located within one thousand (1,000) feet of the mooring or dock spaces. SECTION 17: That Section 5307.4 of the City of Morro Bay Municipal Code be amended to read as follows: 5307.4 Fees. a. Sign Permit Fee. The permit fee for a sign shall be paid to the Planning and Building Department for each permit required by this Ordinance, as shown in the following table: TOTAL VALUATION FEE $0.00 to $20.00 NO FEE $21.00 to $500.00 $5.00 $501.00 to $2,000.00 $5.00 for the first $500.00 plus $1.00 for each additional $100.00 or fraction there- of, to and including $2,000.00 $2,001.00 to $25,000.00 $20.00 for the first $2,000.00, plus $3.00 for each additional thousand or fraction thereof, to and including $25,000.00 $25,001.00 to $50,000.00 $89.00 for the first $25,000.00 plus $2.50 for each additional thousand or fraction thereof, to and including $50,000.00 $50,001.00 to $100,000.00 $151.50 for the first $50,000.00 plus $1.50 for each additional thousand or fraction thereof, to and including $100,000.00 $100,001.00 and up $226.50 for the first $100,000.00 plus $1.00 for each additional thousand or frac- tion thereof SECTION 18: This Ordinance shall take effect thirty (30) days after the date of its adoption, and prior to the expiration of fifteen (15) days from the passage thereof shall be published once in a newspaper of general ORDINANCE NO. 66 (AMENDING MUNICIPAL CODE) PAGE SEVEN circulation, published and circulated in the City of Morro Bay and thenceforth and thereafter the same shall be in full force and effect. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a meeting of said City Council held this 26th day of September 1967, by the following roll call vote: AYES: Councilmen Bickford, Bowen, Keiser, Mallery & Surfluh NOES: ABSENT: ATTEST: None None ED WHITE, City Clerk J. S. SURFLil, Mayor ORDINANCE NO. 65 AN ORDINANCE REPEALING CHAPTER I OF TITLE V, OF THE MORRO BAY MUNICIPAL CODE, ENTITLED ZONING REGULA_ TIONS, AND CREATING AND ADOPTING A NEW CHAPTER I, TITLE V, ENTITLED ZONING ORDINANCE THE CITY COUNCIL CITY OF MORRO BAY, CALIFORNIA The City Council of the City of Morro Bay does ordain as follows: Section 1. Chapter I of Title V of the City of Morro Bay Municipal Code, entitled "Zoning Regulations ", adopted on October 6, 1964, is hereby repealed except that the provisions thereof shall continue to apply to any property where development has commenced prior to the effective date of this ordinance.. Section 2. Chapter I of Title V of the Morro Bay Municipal Code, entitled "Zoning Ordinance" is hereby created as follows: CHAPTER I - ZONING ORDINANCE ARTICLE I 5101. ADOPTION - PURPOSE 5101.1 ADOPTION: This ordinance is adopted by the City Council of the City of Morro Bay, State of California, in conformity with regulations now embodied in Article I, Sections 65800 -65803 inclusive, Article 2, Sections 65850 -65861 inclu- sive and Article 3, Sections 65900 -65906 of Chapter 4 entitled Zoning Regulations of Title 7 of the Government Code as added by Stats. 1965 ch. 1880. 5101.2 PURPOSE: The purpose of this ordinance is to promote the growth of i the City of Morro Bay in an orderly manner and to promote the public health, safety, peace, comfort and general welfare of the City by establishing regulations pertaining • to uses of land and uses, location, height, bulk, size and types of buildings and open spaces around buildings in certain districts; providing for the administration and enforcement of such regulations and prescribing penalties for violations thereof. 51'01.3 This ordinance shall be known by the following short title: "The Morro Bay City Zoning Ordinance". ARTICLE II. 5102. DEFINITIONS 5102.1 . For the purposes of this Ordinance certain terms are hereby.defined. Words used in. the present tense shall include the future; .words in. the singular shall include the plural; the word "shall" is mandatory, and the word "may" is permissive. "Administrative - Office" An office for the rendering of service or general administration, but excluding retail sales. "Alley" A public or private way less than 30 feet in width which affords a. secondary means of access to abutting. property. "A par t men t " A room or suite of rooms with a. single kitchen which is occupied or which is intended or designed to be occupied by one family for living and sleeping purposes. 2. 1 1 1 1 1 1 1 1 1 1 1 "Apartment H o u s e " Any building, or portion thereof, which is designed, built, rented, leased, let, or hired out to be occupied, or which is occupied as the home or residence of three or more families living independently of each other in said building, and shall include apartments. "Block" All property fronting upon one side of a street, between intersecting and intercepting streets, or between a street and a railroad right -of- way, water -way, dead end street or city boundary, An intercepting street shall determine only the boundary of the block on the side of a street which it intercepts. "Boa rd in q H o u s e" A dwelling other than a hotel, where lodging and /or meals for three (3) or more persons is provided for compensation. "Building " Any structure having.,a roof supported by columns or by walls and designed for the shelter or housing of any person, animal or chattel. "Building Accessory " .A subordinate building, including shelters or pools, the use of which is incidental to that of the main building on the same lot and /or building site. 3. • " Building , Main" A building in which is conducted the principal use of the lot and /or building site on which it is situated. " Building Site " A lot, lots or parcel of land, in single or Joint ownership, and occupied or to be occupied by a main building and accessory build- ings, or by a dwelling group and its accessory buildings, together with such open spaces as are required by the terms of this ordinance and having its principal frontage on a public or private street, road or highway. " Business , Retail " Any establishment for the retail sale of any article, substance, or commodity, but not including the warehousing or storage of lumber or other building materials, or the outdoor sale of used or second -hand goods y or materials of any kind. " Business , Wholesale" The wholesale handling of any article, substance or commodity, but not including the handling of lumber or other building . materials or the open storage or sale of any material or commodity, and not including the processing or manufacture of any product or substance. "Carport" Accessible and usable covered space of not less than 10 x 20 feet each for a storage of automobiles. " C or n e r Lot" A lot the front of which and one or more sides, face a street or street and public way. " C1j y" The City of Morro Bay, a municipal corporation of the State of California. :4 . • • "C it v Council" . The City Council of the City of Morro Bay, San Luis Obispo County, California. "Co m b in in q Di s t r i c t" Any district in which the general district regulations are combined with those special districts defined in Section 5104.4 here- of for the purpose of adding additional special regulations. "Comm is s ion " The City Planning Commission of the City of Morro Bay, California. " D is t r 1 c t" A portion of the City within which certain uses of land and buildings are permitted or prohibited and within which certain yards and other open spaces are required and certain height limits are established for buildings, all as set forth and specified in this ordinance. "Dwelling " A building or portion thereof designed and used ex- clusively for residential occupancy, including one family, two family and multiple • family dwellings, but not including hotels, motels or boarding houses. "Dwelling, Single Family" A building designed for, or used to house not more than one family, with a single kitchen, including all necessary employees of such family. "Dwelling, Two Family or Duplex" .A building containing not more than one kitchen per unit, designed and /or used to house not more than two families, living independently of each other, including all necessary employees of each such family. 5. • "Dwelling, Three Family or Triplex" Abuilding contain- ing not more than three kitchens, designed and /or used to house not more than three families, living independently of each other, including all necessary employees of each such family. " D w e l l i n q, Multiple " A building or portion thereof, used and designed as a residence for four (4) or more families living independently of each other and doing their own cooking in said building, with not more than one kitchen per unit, including apartment houses, apartment hotels and flats, but not including motels, boarding houses and hotels. a " D w el l i n g , Groups " A group of two or more detached or semi- detached, one - family, two - family, or multiple dwellings occupying a parcel of land in one ownership and having any yard or court in common, but not including motels, hotels and boarding houses. " Fa m i l y " One or more persons related by blood or marriage occupy- ing a premises and living as a single housekeeping unit, as 4stinguished from a group occupying a hotel, club, fratemity or sorbrity house. A family shall be deemed to include necessary employees, but in no case more than two unrelated persons. " Fence " Any structural device forming a physical barrier by means of hedge, wood, mesh, metal, chain, brick, stake, plastic or other similar materials. " Ga ra q e " Accessible and usable covered space entirely enclosed and of not less than 10 x 20 feet each for a storage of automobiles . 6. • " G u e s thou s e " Detached living quarters of a permanent type of con- struction and without kitchens or cooking facilities, and where no compensation in any form„is received or paid. " He i g h t of Building " The verticle distance from the average level of the highest and lowest point of that portion of the lot measured from natural grade covered by the building to the topmost point of the roof. " H o me O c c u p a t i o n" An occupation .carried on by the occupant, within the main building, as a secondary use in connection with which there is no display, no stock in trade, nor commodities . sold upon the premises and no person employed. "Hotel" See "Motel ". " Ins id e Lot" A lot which is not a corner lot. "j u n k Ya rd " More than 100 square feet of the area of any lot or parcel of land used for the storage of junk, salvage or other scrap materials, or for the including but not limited to scrap metals, dismantling or "wrecking" of automobiles or other vehicles or machinery, whether for sale or storage. A single vehicle with- out a current State license, shall be considered a junk yard. "Key L o t " The first lot to the rear of a reversed corner lot and not separated therefrom by an alley. "L o t " See Building Site. "L o t Fr on t "The narrowest dimension of a lot fronting on a street. "Lot S i de " Any lot boundary not a front or rear lot line. "Lot Line " A line separating the frontage from a street; the side from a street or adjoining property; the rear from an alley or street or adjoining property. 7. "Lot , Through " .A lot having frontage on two parallel or approxi- mately parallel streets. "Lot W i d t h " The horizontal distance between the side lot lines measured at right angles to the lot depth, at the required front setback line. "Material Storage Yard" - (Junk Yard) A facility or business where any of the following practices or operations take place: 1. The Storage of discarded, used and manufactured apparatus, lumber, building materials, equipment, motor vehicles, auto- mobile parts, scrap metals, appliances, paper, crockery, furniture, glassware, or other manufactured or assembled items, whether or not for purposes of sale. 2. The salvaging, dismantling, wrecking, re- assembling or burn- • ing of any of the foregoing items. 3. Excepting, however, any of the foregoing practices or opera- tions where they are carried on entirely within a walled and roffed building. "Mobile Home" .A self contained trailer coach as defined in the California Health and Safety Code Sections 18004.0 and 18004.4 (B) and (C) . " Mobile Home Park " Land or premises used or intended to be used, let, rented or leased for occupancy by one or more mobile homes, trailers, or movable dwellings designed for housing facilities. "Motel" o r "Hotel" A single building or a group of detached or semi - detached buildings containing guest rooms or apartments, with automobile storage space provided on the site for such rooms or apartments provided in con- nection therewith, which group is designed and used primarily for the accommodation of transient automobile travelers. 8. ' • • "Non - Conforming Use" A use that does not conform to the re- 1 gulations for the district in which it is situated. ' "Pa rk in g S pa c e " An accessible and usable space on the building site, or adjacent lot, at least eight and one -half (8 1/2) by twenty (20) feet for the 1 parking of one (1) automobile. " Pe r s on" Includes any individual, city, county or city and county; 1 partnership, corporation, cooperative, association, trust or any other legal entities, including the State of California and the Federal Government. 1 " Profess i o n a 1 Office " An office for the conduct of any one of --"If the following uses only: Accountants, architects, attorneys, chiropractors, optome- 1 trists, chiropodists, engineers, surveyors, drafting service, designers, dentists, physicians and surgeons. 1 "Re s t Homes" Any premises licensed Linder Section 2300 of the ' Welfare and Institutions Code of the State of California, ambulatory patients only. 1 "Rooming House" See Boarding House. 1 " S a n i t a r i u m" .A health station or retreat or other place where 1 patients are housed, and where treatment is given, but excluding mental institu- ' tions or institutions for treatment of persons addicted to the use of drugs. 1 1 9. • • c "S e ry ic e S ta ti on " An occupancy which provides for the ser- vicing of motor vehicles and operations directly incidental thereto. Limited to retail sale of petroleum products and auto accessories; included are minor repairs and installation of accessories when conducted within a building. "Setback Lines " A line established by this ordinance to govern the placement of buildings or structures with respect to lot lines, streets a or alleys. 1 1 0 "Sign s " Any advertising display or structure. 1 "Side and Front of Corner Lots" For the purpose of this ordinance the narrowest frontage of a corner lot facing the street is the front, and the longest frontage facing the intersecting street is the side, irre- spective of the direction in which the dwelling faces. " S t r e e t " A public thoroughfare accepted by the City of Morro Bay which affords principal means of access to abutting property including avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare except an alley as defined herein. and property. 0 0 "Street Line " The boundary between a street right -of -way "8 t ru c t u r e " Anything constructed or erected, the use of which requires location on or in the ground, or attachment to something having location on the ground, including swimming pools, excluding driveways, patios 10., or parking spaces. 1 • 1 1 " Structural Alterations " Any change in the supporting members of a structure, such as bearing walls, columns, beams, or girders. " T ra v el Trailer " A travel trailer or camp car as defined in the California Health and Safety Code Sections 18002, 18004.9 (A) and 18007.5. " Us e" The purpose for which land or a building is designed, arranged ' or intended or for which either land or building is or may be occupied or maintained. "Use - Accessory " A use incidental to or subordinate to, and necessary to the main use of a lot or a building located on the same lot. " Veterinary Clinic " Any premises used for the treatment or "grooming of animals, but not including boarding or hospitalization. "Veterinary Hospital" Any premises used for the treatment, care, boarding or grooming of animals, with all such operations to be conducted within a building unless otherwise specified in the Use Permit. "Ya rd " An open space on the same lot with a building, which open space is unoccupied and unobstructed from the ground upward, except as otherwise permitted in ARTICLE VL. hereof,. "Ya rd - Front " A yard extending across the front of the lot be- tween the side lot lines and measured from the front line of the lot to the nearest line of the building; provided however, that if any plan line has been established for the street upon which the lot faces, the front yard measurement shall be taken from such plan line to the nearest line of the building. 11. • " Y a rd - Rear" A yard extending across the full width of the lot and measured between the rear line of the lot and the nearest line of the main building. "Yard - Side" A yard between the side line of the lot and the nearest line of the building and extending from the front yard of the lot to the rear yard. 4' 12. 5103'. 5103.1 • ARTICLE III. ESTABLISHMENT AND DESIGNATION OF DISTRICTS There are hereby established the several districts into which the City of Morro Ray is divided and which are designated as follows: SUBURBAN, RESIDENTI'AL DISTRICT OR "R -A" DISTRICfT Purpose This district is intended to permit farming prior to development for residential uses; to provide an area for people to have parcels of land larger than resi- dential lots, where livestock, poultry and small animals may be raised in limited num- ber for home use, or for pleasure, until urban development requires reclassification. SINGLE FAMILY RESIDENTIAL DISTRICT OR "R -1" DISTRICT DUPLEX RESIDENTIAL DISTRICT OR "R -2" DISTRICT MULTIPLE FAMILY RESIDENTIAL DISTRICT OR "R -3" DISTRICT MULTIPLE RESIDENTIAL - PROFESSIONAL DISTRICT OR "12-4" DISTRICT Purpose To stablize and maintain the residential character of the various districts and to ensure the maintenance of the maximum amenities for family living commensurate with the densities of population specified. To ensure that these dis- tricts will be free of traffic and other uses causing congestion, noise, confusion and interferenceiri the pattern of family: living.. NEIGHBORHOOD COMMERCIAL DISTRICT OR "C -1 -N" D.'I.S T. R LC T Purpose To provide centers for convenient shopping in the residential neighborhoods planned and controlled to the extent that any such center will perform a vital service to the neighborhood in which it is located and become integral parts thereof. 13. CENTRAL BUSINESS DISTRICT OR "C-1" DISTRICT Purpose To designate and promote the orderly development of the business district as a central retail shopping facility for the primary market area. GENERAL COMMERCIAL DISTRICT OR "C -2 " DISTRICT Purpose To provide a district for the heavier types of commercial and semi - industrial uses which do not specialize in pedestrian traffic and are more appropriately located away from the central business district. HIGHWAY COMMERCIAL DISTRICT OR "C -H" DISTRICT Purpose To provide a district offering service for tourists and freeway traffic, not including any type of retail sales and only those uses which offer services to the traveling public and provide for the aesthetic development and landscaping im- provement that will enhance the beauty of the entrances into the City. LIGHT MANUFACTURING DISTRICT OR "M -1" DISTRICT HEAVY MANUFACTURING DISTRICT OR "M -2" DISTRICT Purpose To provide a district exclusively for sound industrial development wherein manufacturing and other industries can locate and operate away from the re- stricting influences of non - industrial uses, while maintaining an environment free from offensive or objectionable noise, dust, odor or other nuisances, all well de- signed and properly landscaped. • PLANNED UNIT DEVELOPMENT DISTRICT OR "PD" DISTRICT Purpose Where a special design proposal for a large scale development makes it desirable to apply regulations more flexible than those contained elsewhere in this ordinance, a Planned Unit Development, or P -D district may be established. The purpose of such district is to grant diversification of the location of structures or other site elements while insuring adequate standards relating to public health, 14. • safety, welfare, comfort and convenience. "P -D" Districts may be established in any area, suitable for, and of sufficient size, to contain a planned development, but in no case less than three (3) acres. OPEN AREA DISTRICT OR "O -A" DISTRICT Purpose Tc provide for the maintenance of areas in a permanent natural state and the preservation of scenic values and the utilization of natural features and resources of the area and bay for the benefit of the public. To provide for, the control of public and private development to ensure the related recreational, commercial and industrial uses are compatable with and enhance the development of the particular area or resource. COMBINING PARKING DISTRICT OR " -P" DISTRICT Purpose :. To provide for attractive supporting parking facilities oriented to but not necessarily with adjacent commercial districts. COMBINING LOT SIZE DISTRICT OR 'S" DISTRICT Purpose To provide for the variation of building sites below the norm due to historic subdivision practices in the City of Morro Bay and to provide for the crea- tion of larger sites as dictated by the topography and physical features as specified by ordinances . 5103.2 Zoning Map The boundaries of the districts designated and established herein are as shown on that certain map entitled "ZONING MAP OF THE CITY OF MORRO BAY ", incorporated herein and made a part of this Ordinance by re- ference as though herein fully set forth and which map is on file in the office of the City Clerk and to which reference is hereby made for full particulars as to the loca- tion of the areas shown within said districts. The districts shown are hereby de- clared to be subject to the regulations pertaining to such designated districts set forth in this ordinance. 15. ( • No person shall use any land, building, or structure, nor shall any building or structure be erected, constructed, enlarged, altered, moved or used in any district shown on said zoning map, except in accordance with the regulations established by this ordinance. 5103.3 Where the exact boundaries of a district cannot be: readily or exactly ascertained by reference to the Zoning Map of the City of Morro Bay the boundary shall be deemed to be along the nearest street or lot line, as the case may be. If a district boundary line divides or splits a lot, the lot shall be deemed to be in- cluded within the district which is the more restrictive. The provisions of this Section shall not apply to acreage. 5103.4 Changes in the boundaries of districts shall be made by ordinance in the manner provided in Article XI. hereof, said ordinance describing the area to be changed either by lot and block number, or by metes and bounds . After adoption of any ordinance changing any boundaries of any district, the Planning Department shall revise the aforementioned map to show the changes made in district boundaries and show the number and date of the adoption of the ordinance making such change. 5103.5 All lands now or hereafter included within the City of Morro Bay boundaries, which are not designated on the aforementioned zoning map as being included in any district, are and shall be designated as "R -1" or single family re- sidential districts. 16. ARTICLE IV. 5104. DESIGNATION OF REGULATIONS FOR THE DISTRICTS HEREINBEFORE ESTABLISHED. 5104.1 - Except as provided hereinafter, no structure shall be erected, recon- structed, enlarged, altered or moved; nor shall any building or land be used except as hereinafterr specifically provided and allowed in the districts in.which such structure and land 'are located. 0 17. 18 1, II e 0 I e 0 e a • 0 Q 0 I e a ST • (1001 °enbs) min AI!wes Jae vary 107 wnw!uly.! J 0094) . pepnbaa p eA leas wnwlulpy 0 0 0 0 0 0 0 M E g E ya l07 Auy 'eon 10110119W] aP!s loops '101 10U100 0 (994) pannbaa p'eA 10014 • IN X 0 N salnlann$ ITY ' ebelanop 10-1 wnwixew 0 0 (1394) p°lnbaa 41P!M 201 • win' (loos °nobs) p0i!nbag °!S buTpling wnwlu! W W • O A I 0 o o i O q o > > O Xp.OiZ1 q w. r... 1Pu17 146!0H pup ' p °y Joo!4 ssOJQ a!gemolly O 5 q 0\ ag;n2 0 514" L .0 A C q A t28— Z OF w0C 06 AS SPECIFIED IN R -1 DISTRICT 0 N 0 N 0 0 0 e1 O N O N 1 N p°mbay 1!wlad as❑ U N 0 00 r A • O L m o n N 0 • 0 S C w 3 c C 0 0 o 1 0 0 0 H • 'E E 3 5 3 u ;L 8 20g_, 0 q a N A 7 Z J M1 .3 10 Roast Houses (no cooking) All uses listed in the R -1 District O 0 E -0 ti N c m 0 00 0 Triplexes and Multiple dwellings 19 • O aad a.enb ;Tull xTTwed zed a . Bea? ;0q wnwTuTW to ? o o .N. ' a' a .4 a USa (;aa3) poi/obeli paex aBey wn111TuTw —y ¢ _ N - N - N _ N _ N 1 a 1. Vl u 0 5 - N • o o log Xuy 'awn a .4 ^ log aoTaa;uI 50 y A w F N og _ N O N N N N •..ii10 -= OPTS 4aaz4S „C1 q slog aauao0 a mw G Cl — (Saga) peaTnbad pan, ;uoa3 •uTW m (0, F n-i .N. - _ ,N. _ ,N. .saanfona ;5 S T11 abeaenoo ;oq unwTxEW ` a w z ' ei n %09 e (;aad) paaTnbay 43pTM ;oq •UTW z a 6 -+ K 1. 1 1 0 10 (3003 aaenbS) poi/obey a ;TS buTpttng wnLTuTW m N C) 6 1 1 1 1 7,000 comer 6,000 II interior! o `y o 0 o E o m 0 n U b ;WTI 345TO1i pug 'eazv zooid 80020 alqamolly ° AS SPECIE 25' Ta N ill '•' poiTnbay ;Twaed eon u z N z z z 2 N None but the following uses, or uses which in the opinion of the Planning Commission are similar. will be allowed. See Sect. 5106.2 m All uses listed in the R -1 and R -2 Districts Multiple family dwellings, apartment houses. Rooming and Boarding Houses, dwelling groups. Accessory buildings and uses normally incidental to any allowed use. This shall not be construed as a commercial use or occupation. r Multiple family dwellings, Rooming and boarding, hotels and motels. Accessory buildings and uses . Rest Homes V ° Lv C a m 1 t•1 ON 0. am U C y O •-• 8 m ••• m - N N fi[Y{K _J C1 0 on .SN • W 0 N • fl c fl E 8 8 B a N n 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • (load 0.10060 lFuO ICi Twwd zed veay loZ wnwTuTW a 0 Q I . 1 1 0 0 N .. (load) peaTnbau pzwx away wnwTuTW x o 1 • -°-1 - 1n - N ° 1 to o « x c w c • P1`s° u m o 11 o° m. e Q 2 d m o« x 0 � -°) m 3 w A O- Li sec N A.• - o . _ N o. 1 S •'' u m c .. re m w u - .4 fc c o S m • O '0 v 0 log xuy ' Burl . .., log IOTzaluI PY P 0 L r 1 1 th ..0 4v•-• OPTS laealS 'log laudop ° u (ieaA) paiTnbou pin lucid,/ 'up/ x _ '^ - o N - .-4 - 0 0 saan4ond40 ITV abedaAop log wnwrxxx - m 1 1 de 0 iF 0 019 04 Pci 1D a` N O d st iq' qo. 10 a 2 (laaa) paitnbay 4lpmm log 'Ling 0 1 e • (1003 adgnb0) paitnbay °ITS ouTPiTng wnwTuTW w m m 1n 1 c 0 ., 0 O 00 E co . r 3 b a N 17 0 °o - b I • ;Ts1FZ 44G4a0 pug agar looid sSOID oigwroijV 0 _ N N fn N r N f7 _ N {7 pozTnbay lTwzad 0s0 u N 0 2 2 None but the following uses, or uses which in the opinion of the Planning Commission are similar, will be allowed. See Sect. 5106.2 Mobile Horne Park, Trailer Court convenience shops catering to guests and provided that such uses Including non - profit private recreation uses. Professional Offices, Clinics Hotels, motels, restaurants, bars, refreshment stands, curio, apparel and souvenir shops. Multiple family dwellings (4 or more units) - F 'A o q m I 46 «'1 E m •' 2A.26 ., • o 1 CU 10 N X o. x u m 0 o o a Z m {ON xmA i (laa3 apenbg) nun Apwed Jed maps 1o, wnwlulyy ,J AS SPECIFIED IN THE USE PERMIT AS SPECIFIED IN THE USE PERMIT o o • 1 1 000 3) papnbay ppeA Jeay wmulul W x - m o 3 « I - v 0 c 4a o m o m m o , -. U E m « O AS SPECIFIED IN USE PERMIT AS SPECIFIED IN USE PERMIT • m 0 E 10'1 AUV'OU1'1 a' a 1O9 JO1JalJI �, .-. O2 0 m m U C _4 3G ° s .. ` W m 0 0 0 „ 0 u E o'• m E m GM 109.0S E S .y E '107 Jaulop — _ ° ,.2s; (1993) paJlnbay ppeA luau • u1 IN m _ H rmit As Spell . • 1 sa1(113nl1S Its '96epanop 10.1 wnwlxeyi p de o 0 (1094) paJlnbay 4lp1M 10.1 'wiry W o - «S5s 0003 OJenbS) paJlnbay a11S 6u!pllno wnwlul W u I3 acres J m o m Mull 1461911 pue ' ea1s Joold 99010 algemolts 0 25' N n N paJlnbay lwlad as1 U m >4 m N • m N Z m r None but the following uses, or uses which in the opinion of the Planning Commission are similar, will be allowed. See Sect.5106.2 m Commercial Recreation: Refresh- ment Stand: Service Station: Public Utility Buildings and Uses, but not including equip- ment or storage yard, ware - house, shop. • Mobilehome Park, Trailer Court Residential Use Only when accessory to Commercial Use m m a U m 0 h oo o° 0 Z' 0 7 m t L vs N $•° d 3 " vJ ; ° 5 " Je $ Z 51 � - m a n m i6 .mato mFm .1 9 m m u. ;m m g e c '$ •m• m 2 $ 2.4g d. xi. .2 to o y. 0 to 0 m o e m a o cu to TIT,. 2vJ -Eg6. aS 0g00 w2o 0 0 L' 1 8- e °"-. I s y n Y q$ U $ 2 0 F. zu.>octtomcio.o0uonococecc Parking Lots • F U F c 4 to o N • X 0 f ti°i in m 0 4, N m N 22 a c 1 fl 5 1 1 e D 1 fl (laa3 aJenbg) nun A1(we3 sod v0iy l09 wnw!u1W a • 1 AS SPECIFIED IN 'R -4' DISTRICT, AS SPECIFIED IN 'R -4' DISTRICT, SECTION SECTION 5104.2.5 $104.2.5 09431 paJnbay peA wnwtul W at 0 .° C °�o 8 . n. e n 0 u E 3 n C$4 1-z; x C p � o • n 7 ° G J rvey u 8 3 . . q AS SPECIFIED IN USE PERMIT AS SPECIFIED IN USE PERMIT AS SPECIFIED IN USE PERMIT AS SPECIFIED IN USE PERMIT o 0 5 301 Auy'0u19 0 9 709 JOTJOIUI 9 G N " 0', except 10' when adja- cent to an 'R' District. 0 b n 9 0 0... c u 3 SS as" ~° v a u e . 8 0 E0• E v 5 2 '709 Jawop Si ^ 0993) paJlnbay 030A luw3 •U14 \' _ Salnlonil$ ❑y'06vlanop 101 wnwixeyl U * 0 N M o 0 0093) paJlnbay 41pIM log '91W in n in N (1003 aienbg) pannboy aus 6uionng wnwlul4V W o 00 o m 0 sn e; 1iw19 146!OH pue ' wan; J0013 s solo algemony n n In en paJlnbay 71 w1a3 °s(1 0 .1 N o Z .1 N a N it N None but the following uses, or uses which in the opinion of the Planning Commission are similar, will be allowed. See Sect.5106.2 0 Service Station, Public Utility Buildings and Uses, not in- cluding equipment or storage yard warehouse, shop. Coln operated car wash. q M 2, •u� 9-, 0 C 4• q$ •0 0 0 5 Boa .1m Q U p.1 e Z` p - .1 ,g U uox �j O6f 02 • St 4 2 V .. O 2 m.i2..d.ri9 GF. 81.;:t q U C y 0 P 0 8 v o.1 n 0. G 0 0.0 0 T 1 c So5U1..X"uC0u2 ebnm� >,„ .19 ; G w W a q wq p 0.B82_9 C W 8 3 � 9 'egg-, U 5 0" co C «o «I .J 0. `� 5 v m t` 4° m 05 ci a o « e o' 3 u 0.05 u• .y`...na o=4et.a�a.- tag "e S .1 ! 5 m 4 al x 1. 0 88 qq uu mm U • , 0....7,•0.2 �'a o 000-. a$. y 4y C U o o m 3 .144444441111110.0=Ze.4 341 t3 m0Q5 e 5 C.1 Parking Lots Retail Sales and Personal Services not within a building. Service Stations Car Wash Coln operated car wash .1qy U c u. o 20 01 .. o 9 � 4 F U C ° 4 0 0 C Z•1 141 uu0 m C N / e Um n 23 (land alOnbs) ;Tun XITwod .lad gall/ log wnwTuTW a 1 y E. (load) peaTnbou pa2A 129U wnwTuTW m. n " `0l/ x x G w y" c d o wa gda w-" u E m a A v 2 c b y 3q oc 0 = " c n w w o -' u o q. a W m O Z q E3 D. W rn C v ,a o yo•I Ault ' auT'I rn �.., 10'I aoTaalul vu Sag D. � v — apTS leaals -.ci w 'lo'I aauaoj X. (load) paaTnbo) pax ;mad •utw seanlonalS Hy faboaano0 log wnwtx9W V' ) X (load) paacnbaU 44PFM 401 'oTW o. ,n O1 0. 4 w ] (quad alga's) paatnboU ol-g immune wnwTuTW w o 2 ci 2T'FI 346T0U pug 'easy ao0Td eso1D etsemoTTv ° o iO 4 w p• m paacnbaU iSwaad ash ° 0 Z 0 N None but the following uses, or uses which in the opinion of the Planning Commission are similar, will be allowed, See Sect, 5106,2 The following uses, within a building: Animal Hospital, Auto Sales and Service, Automotive Repair Shop, Commercial Recreation, Cream - eries,Dry Cleaners, Heavy Equip- ment Sales and Service, Laundry, Locker Plant, Mortuary, Nursery, Plumbing Shop, Second Hand Sales, Machine Shop, Tire Shops, Wholesaling. 4 t 0 N N w o w - S SA' . m 'S' toen w a c ,o ya.y$.Nt »3o c m 3 y 9 'o 3 � a a c m E mw3 m . w ' pm9w co u 3Pt • of oE o' m w r U w t .. 6 3 S ooa 2 3 m w o, 220 u W A C a 0 .S� W. di 0 2 OWma7mmm -a41 a t I„ CC m U G I A m y N N T m -I m u 24. fl b 0 0 B 0 n n • ■ 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • (3003 aaenbs) ;Tun X13we4 lad vaay 401 wnuTuTW a I I (3003) paarnbay pie.; lead WnWTVTW w o To 4. Q Q w4 v w Sol xuv 'purl N' 30l 103103UI ^ Fd vai n _ o No N o a. 0 b Z Q a. w. a 1-4 W wZ ya w a y w wz y0 a a c= apes 70023s n o '301 lau100 r Y o o -Nt9 Li a U .. wy7g 6 s St w !. (3003) paatnboy pm 3uo13 'utw = :n N _ In N 0 m z 0 Z saaniona3s ITV 'obe/an03 301 WnwTxeI m r, 33% F W a w 0 0 (3004) p0JTIbau 301 •uTW I•. 0 In 0 n z .. 0 .. .... (3003 aaenbs) oaTS buTPTTns wnwTuTw w 0 00 N 0 0 y 15 • w 0 0 o 0 0 palrnbay o ;Tull 10Taj{ 'pue 'Vale 10013 esoID afgemoTIV ° 0 'n 0 in f0., oo -. 0 " pal rnbay 3Tlad asn 'o z o Z 0 !. o Z a e. None but the following uses, or uses which in the opinion of the Planning Commission are similar, will be allowed. See Sect. 5106.2 m The Following Uses, when con - ducted within a building or sur- f rounded by a solid fence of board, masonry or otherwise suitable material, at least six (6) feet high Blacksmith Shop, Lumber Yard, Boat Building, Machine Shop, Bot- tling Plant, Outdoor Storage &Sale, Building Materials, Cabinet Shops, Pipe Yard, Cold Storage, Public Utility, Contractor's Yard,Service Yards,Feed & Fuel Yard, Ware- housing, Food Processing ,^ Light manufacturing, fabrication, assembling, component manu- facturing, small parts processing. Residential uses only when ac- cessory to the commercial or in- dustrial use. Wholesale Stores & Storage,Ser- vice Establishments,Light & Heavy Industrial & Manufacturing Uses, in connection with which there is no appreciable offensive or ob- jectionable odor,dust,noise or other nuisance factors; all uses provided in Section 5104.2.10 are included herein. Industrial or Manufacturing Uses, which in the opinion of the Plan- ning Commission may be objection- able by reason of the production of offensive odors,dust, noise,bright lights ,vibration or involving the storage or handling of explosives or dangerous materials, and in- cluding,but not limited to those uses listed hereunder. M O: m N o Y -; G N . O sr 0 0 '' uo q 0 N • S N dNII CO I. 25. • • (1003 a1enbS) 110 44(0003 lad easy 101 wnw}ul W a 1 1 0 0 01 I AS SPECIFIED IN THE USE PERMIT AS SPECIFIED IN THE USE PERMIT • AS SPECIFIED IN THE USE PERMIT AS SPECIFIED IN THE USE PERMIT (1003) paainbay p1eA ieay wnw}uiyl m NONE UNLESS ESTABLISHED BY PLAN LINES NONE UNLESS ESTABLISHED BY PLAN '.. T.TNTS NONE UNLESS ESTABLISHED BY PLAN LINES AS REQUIRED FOR PRINCIPAL INDUS- TRIAL OR COMMERCIAL USE. c o 0 ' 0 0 Lt 1o1 Auy 'auli 0 v 1011opauq CO 10 0 '' -- o a E o 9 0 E z ems laaas 'c E '1011aWO3 all " 0004) pa1!nbaa pm, luau 'u }W x _ 0.3 s01n2on11S ❑y 'a6eJano0 101 wnw }xey.) 0 0 0 0 0 0 0 0 0 to 0003) pwlnbay 41PlM 101 'u!y} 4 0 0 o 0 ,0 N 0 O 0003 alenbg) pannbau 01!S 6u }pltng wnw }u} W La o o c 0 00 o 0 0 N N 10,000 Mull 1461ap pup ' eaiy ioo13 s sal) algemo!!y ❑ oo 60 o, iO o ^' pailnbay mined as(! U 01 } o 0 01 >.. m , } Z m 0 01 !°� None but the following uscs, or uses which in the opinion of the Planning Commission are similar, will be allowed.- See Sec :5106.2 m Auto Wrecking, Bituminous Pav- ing, Plants and Manufacturing of Bituminous Paving Products;Com- mercial Excavallon of Building or Construction Materials; Concrete /latching Plants; junk Yards; Menu lecturing or Storage of Acid, Ce- ment, Explosives or Fireworks, Fertilizer, Gas, Glue, Gypsum, Inflammable Fluids, Lime or Plaster of Paris; Refining or Stor- age of Petroleum or its Products: Salvage or Ware Surplus Yards: Smelting of Iron, Tin, Zinc or other Ores. Service Stations • Retail Sales and Personal.Service Establishments Appurtenant to Permitted Uses or Part of a Total' Complex. Residential Use only when Acces sory to Industrial or Commercial .. Uses. Public and Private Parks, Play grounds, Swimming Pools, Golf Courses, Country Clubs ,Beaches Commercial Uses accessory to permitted uses such as refresh- ment stands, restaurants , sports equipment, rental and sale. Driving Range: Only when it contributes to the design and /or is necessary to the permitted uses. Museums, Art Galleries ,Libraries Fire Houses,Public Utllity Sub- stations and Electric Transmissior Lines. F `-. C0 N C . yO S 0 CON 0 / r N . G •. O (0N 26 a c 11 6 1 r 1 r r • 5104.3 (P -D Zone). The following regulations shall apply in the P -D, Planned Develop- ment Zone, unless otherwise provided in this ordinance. 5104 .3.1 Uses Permitted (P -D Zone) . In the P -D Zone the fdlloiving uses may be permitted subject to ob- taining a Use Permit: a. Any use which generally conforms to the Land Use Element of the General Plan of the City. b. Any use previously established in a P -D Zone by Use Permit under this Ordinance may be replaced by a similar use without obtaining a Use Permit. If the Planning Department cannot readily determine that a proposed use is similar in nature, the matter shall be referred to the Planning Commission for a determination. Such determination of similar use shall be by resolution. If said Planning Commission finds that the proposed use is not similar in nature, a Use Permit shall be required. 5104 .3.2 Initiation of Zoning District. Initiation of a change of Zoning District to Planned Unit Development, or P -D District, shall be made in accordance with the provisions of Article X of this ordinance. A General Plan and Specific Plan shall be required of the developer and approved as required herein, before any development shall take place in any area designated as a, "P -D" District. The designation following "P -D" shall in- dicate the primary use approved for the property as set forth. in Section 5104.'3.4 Par. (1) . 5104.3.3 General Plan. The General Plan shall be intended as a broad plan designed to in- dicate the concept of the development without details. Said General Plan shall, by means of charts, maps and text material, include the following: 27. • •. a. The site proposed for Planned Unit Development, including boundary designations and perimeter of the site; b. The location and dimensions of any existing property lines within the site; c. The name of the owner or owners and developers of the site; d. The width, location and names of surrounding and adjoining 11 streets and proposed street alignments within the site, and connections to existing streets; e. The use of adjoining properties; f. The existing and proposed changes in topography of the site; g. The locations and capacities of existing utilities in the vicinity of the site, and tentative extensions to the site; h. The location of any structures upon the site designated for re- tention or removal, and tentative locations for future structures; 1. The approximate areas proposed for various categories of land use, setting out in general terms the uses proposed and a tabular summary of estimates of population densities and building intensities. fl j. Sketches showing tentative architectural concepts of the pro- posed buildings; k. Preliminary designations of areas for proposed open space, re- creation, parking and other public buildings and uses, accom- panied by a narrative description of the proposed improvements. 1. Any area designated "P -D" Zone that has received approval for particular uses in the pastor future shall have an additional' designation which indicates the primary use approved for the property; for example, if land in a P -D Zone is approved for commercial as the primary use, the zone designation shall be P- D -(C). If for residential use, P- D -(R). If for industrial use, P- D -(M). Any change in primary use will be subject to approval of the Planning Commission and Council. a fl The Planning Commission and City Council may require such other fl information as deemed necessary, which may include but not be limited to, economic 11 rs. . n.<‘. 28, n • • • analyses, thoroughfare plans, public services and facilities plans and utilities services plans. 5104;:3.4..; Upon approval of said General Plan by the City Council, after receipt of recommendations thereon from the Planning Commission, specific plans in conformity with the General Plan may be presented for approval. Specific plans shall be presented, considered and approved in the same manner prescribed in Article :X. of this ordinance, for Use Permits, except as in this Article otherwise provided. Said plans may be presented for all or any reasonable part of the P -D area, and shall include any or all the following items where applicable: a. The total development plan showing the dimensions and locations of proposed structures, buildings, streets, parking, yards, play - grounds, school sites, open spaces and other public or private facilities, along with the proposed uses. Said development plan shall be in general conformity with, or in excess of, the minimum requirements set forth in other sections of this ordinance with respect to land uses corresponding to the land uses proposed. Such plans shall include a detailed statement of all uses proposed to be established, indicate the areas to be occupied by each use and the resultant population densities and building intensities. b. Detailed engineering site plans including proposed finished grades and drainage facilities proposed. c. Create other improvements or permit the use of techniques which will produce a more desirable and livable community than can be obtained by strict compliance with said minimum requirements. 51.04.:3.5.... Effect. No construction or grading shall be done until both of the said Plans have been adopted as outlined herein, provided, however, that minor grading which is necessary for the enjoyment or safety of the existing use of any land in a "P -D" District shall be allowed subject only to City Ordinances pertaining to grading. • 51.04 :3.6..: Subdivision. Where from the nature of the size, location, shape or topography of the parcel of land or where from the nature of the improvements or development shown on the General or Specific Plan or any combination of these factors, it appears to the Planning Commission or the City Council that a future division of ownership or sub- division of said parcel would be required for orderly development, the Planning Com- mission or the City Council may require the filing of tentative and /or final subdivision maps, as provided in the Subdivision Ordinance of the City of Morro Bay, and the performing of any other acts required in such regulation. Where any requirement of the Subdivision Ordinance requires any specific act of the landowner or subdivider, the approval of any General or Specific Plan shall not become effective until com- pliance has been made with such Subdivision Ordinance. 5:1114:3.7. Reversion. Any land classified in the "P -D" District shall revert to its former classification in the event that development is not commenced within one year from the effective date of classifying said land in the P -D District, unless the Planning Commission or City Council sets a longer.period of time in approving the reclassi- fication. 77121";T e.ar 30. 1 1 4 • • REGULATIONS FOR "S" (SPECIAL TREATMENT) COMBINING DISTRICTS PREAMBLE. In any primary district which is combined with "S" (Special Treatment) combining district, the following shall apply in addition to those uses and regula- tions specified for such district, provided however, in the event of a conflict with the regulations applicable, the provisions of this Section shall govern. 5104.4 COMBINING LOT SIZE OR " -S" DISTRICT 5104.4.1 Scope and Purpose The regulations in this district are designed to provide maximum utiliza- tion and special treatment of land where the land or regulations pertaining to property are proposed to be used or established for a specific use in any of the following situations, among others: a. The reservation of major parcels for specific uses in a newly created subdivision. b. The rezoning of land as a result of a specific proposal related to the preservation of neighborhood character or the maximum reason- able utilization of property. c. The preservation of uniform architectural, structural, or physical characteristics. 5104.4.2 Standards In order that buildings, structures, signs, yard areas and landscaping will be developed in an orderly and uniform manner and will be in harmony with other structures and improvements in the area and not of obnoxious, undesirable or un- sightly appearance, the following sub - classifications of the "S" District shall apply within the district: a. Special building site and yard width requirements. " -S.1" District M inimum feet. Minimum Minimum Minimum Minimum Minimum unit. building site required, twenty -four hundred (2400) square lot width required at property line, forty (40) feet. front yard required, ten (10) feet. side yard required, three (3) feet. rear yard required, five (5) feet. off -street parking required, one (1) garage or carport per 31. • • " -S.2" District Minimum building site required, four thousand (4,000) square feet. Minimum lot width required at property line, forty (40) feet. Minimum front yard required, twenty (20) feet. fl Minimum side yard required, ten (10) per cent of the width of the lot, to a maximum of five (5) feet. Minimum rear yard, five (5) feet. a " -S.3" District 0 a " -S.4" District Minimum building site required, ten thousand (10,000) square feet. Minimum lot width required at property, line, eighty (80) feet. Minimum front yard required, twenty -five (25) feet. • Minimum side yard required, as specified in the district with which the " -S .3" District is combined. Minimum building site required, twenty thousand (20,000) square feet. Minimum lot width required at property line, one hundred (100) feet. Minimum front yard required, twenty -five (25) feet. Minimum side yard required, as specified in the district with which the " -S.4" District is combined. " -S.5" District 1 13 a Minimum building site required, one (1) acre..0 Minimum lot width required at property line, one hundred fifty (150) feet. 0 Minimum front yard required, thirty (30) feet. Minimum side yard required, as specified in the district with which the " -S.5" District is combined. b. Uses added or deleted from the primary district: 0 " -S.6" District Any uses permitted or permitted subject to first securing a use per- mit a may be added to or deleted from the district when specified in the adopting resolution. c. Alternate height, bulk and area of building requirements. ' -S.7" District Alternate requirements relating to height, bulk and minimum area of buildings may be established within the primary zone when specified p in the adopting resolution. 32. El • • d. Architectural, landscaping, lighting and other special requirements. 1 " -S.8" District Special architectural, landscaping, lighting and other special treat - 1 ment requirements may be added to the primary•zone when specified in the adopting resolution. 1 e. Combination of special treatment requirements. " -S .9" District A combination of any of the above listed special treatment require- ' ments maybe established in the adopting resolution. 5104.4.3 Procedure 1 1 1 1 1 Depending on the primary zone in effect, plans, drawings, illustrations and other material necessary to support the proposal for improvement and identify the development in relation to the requirements shall be submitted to the Planning Director, who may approve or disapprove special plans if he finds that they are or are not con- sistent with the purposes of this section and the adopted Planning Commission policies. If the Planning Director finds the plans not to be in strict compliance with the ordinance or policies adopted by the Planning Commission he shall thereafter present said plans to the Planning Commission for approval, approval on condition, or disapproval. Ap- proval of the Planning Commission shall thereafter constitute authority for the issuance of a permit. 5104.4.4 Appeal to the City Council In case the applicant is not satisfied with the action of the Planning Commission he may, within thirty (30) days after such action, appeal in writing to the City Council. Said Council shall hold a hearing on the appeal and shall render its decision thereon. No building permit shall be issued unless plans filed as required have first been approved by the designated authority. 33. • • ARTICLE V. 5105. OFF - STREET PARKING AND LOADING FACILITIES 5105.1 Purposes In order to alleviate or to prevent traffic congestion and shortage of curb spaces, off - street parking and loading facilities are required to be provided incidental to new land uses and major alterations and enlargements of existing land uses. The number of parking spaces and the number of loading berths prescribed in this Article ' or to be prescribed by the Planning Commission shall be in proportion to the need for such facilities created by the particular type of land use. Off -street parking and loading areas are to be laid out in a manner which will assure their usefulness, pro- tect the public safety and, where appropriate, insulate surrounding . land uses from their impact. 5105.2 Off - Street Parking Facilities Required: 5105.2.1 At the time of initial occupancy of a site or of construction of a structure or of change of land use or enlargement of a site or structure, there shall be provided off - street parking facilities for automobiles in accordance with the regulations pre- scribed in this Article. A change of land use or an addition which would increase the number of parking spaces required as provided in this ordinance shall be based only upon the number of spaces required for the change or addition. 5105.2.2 If more than one (1) use is located on a site or within a building, the number of parking spaces provided shall be equal to the sum of the requirements prescribed in this Article for each use. 5105.2.3 For a use which operates on two (2) or more shifts and the number of required off - street parking spaces is determined by the number of employees, the number of required off - street parking spaces shall be determined by the sum of the number of employees on the largest shift. 5105.2.4 The off - street parking facilities requirements of this Article may be satisfied by the permanent allocation of the prescribed number of spaces for each use in a common parking facility, provided that the total number of spaces shall be not less than the sum of the individual requirements, and provided further that an executed copy of a contract between the parties concerned- setting forth the agreement to joint use of a common parking facility is filed with the application for a certificate of occupancy. 5105.2.5 Cooperative parking lots, where all uses are not known at the time of acceptance of the proposal, shall be calculated on the basis of 2 1/2 square feet of parking lot space to 1 square foot of floor space. 34. n • • 5105.2.6 The off - street parking requirements of this Ordinance may be reduced, provided any affected property lies within a special off - street parking assessment district and upon determination by the Planning Commission and City Council that adequate parking has been provided in accordance with the intent of this Ordinance, and that such parking is equitably allocated to all properties within the assessment district. 5105.3 Standards for Off-Street Parking Facilities . 5105.3.1 Off- street parking facilities provided in compliance with Section 5105.2 shall meet the following standards: a. Each parking space shall be not less than twenty (20) feet in length and eight and one -half (8 1/2) feet in width, exclusive of aisles and access drives, except that a parking space required to be located in a garage or carport shall be not less than twenty (20) feet in length and ten (10) feet in width. b. Aisles and access drives for access, turning and maneuvering of vehicles shall be provided on the site in conformity with the following: 1. Access drives providing for vehicular traffic in one (1) direction and access drives to perking facilities for a single - family dwelling shall have a width of not less than ten (10) feet. 2. Access drives providing for vehicular traffic in two (2)' directions shall have a width of not less than twenty (20) feet. 3. One (1) access drive providing access to ten (10) or more parking spaces shall have a width of not less than twenty (20) feet. No off - street parking area shall be designed or laid out so as to require the operator of a vehicle to drive upon any portion of a street in order to drive or maneuver from one aisle of the off - street parking area to another aisle. d. Each parking space shall be accessible from a street or alley. e. Entrances and exits shall be provided at locations as approved by the City Engineer. f. Bumper rails or curbs shall be provided where needed for safety or to protect property. 35. ... �-,., �, , k� • • 0 g. If the parking area is illuminated, lighting shall be deflected away from 0 abutting streets and residential sites so as to cause no dangerous or annoying glare. 5105.3.2 Off- street parking lots or parking areas for more than five (5) vehicles shall be effectively screened on each side which adjoins or faces premises situated 11 in any "R" District or public building, by a masonry wall or solid fence of acceptable design. Such wall or fence shall be not less than six (6) feet in height provided such wall or fence shall be thirty -tix inches (36 ") high from the front property line to a fl depth equal to the required front yard on the abutting "R" Zone property and shall be maintained in good condition without any advertising thereon. The space between such wall or fence and the side lot line adjoining premises on the front lot line facing premises in any "R" District shall be landscaped with grass, hardy shrubs or ever- green ground cover and maintained in good condition. .5105.3.3 In an "R" District, a parking area shall not be located in a required side yard adjoining a street on a corner site, or in a required rear yard on a double frontage lot 5105.3.4 For each dwelling unit, the required off - street parking requirements shall be contained within a garage or carport. In addition, 150 cubic feet of enclosed storage space shall be provided within each garage or carport of an apartment build- ing unless the Building Official approves an alternate location. a 5105.3.5 Any off - street parking lot or parking area shall be surfaced with an asphaltic or Portland Cement binder pavement or comparable material so as to provide 0 a durable and dustless surface, and shall be so graded and drained as to dispose of all surface water accumulated within the area, and shall be so arranged and marked as to provide for orderly and safe loading or unloading and parking and storage of vehicles. 5105.3.6 Any public or private parking lot serving a "0 ", "M" or "P -D" District situated in any "R" District shall not provide for ingress and egress through an abut- ting "R" District. 5105.4 Off- Street Loading Facilities Required fl At the time of initial occupancy of a site or of construction of a structure or of a land use or enlargement of a site or structure, there shall be provided off - street loading facilities for trucks in accordance with the regulations prescribed in this section. A change of land use or an addition which would increase the number of loading berths required as provided in this ordinance shall be based only upon the number of spaces required for the change or addition. 36. 0 0 "r^'"'"7" 1 Off - street loading berths in addition to those prescribed in this section shall be provided if the Planning Commission finds that such additional berths are necessary, to assure that trucks will not be loaded, unloaded or stored on public streets. A finding of the Planning Commission shall be based on an investigation of the anticipated frequency of truck picktups and deliveries and of the truck storage requirements of the use for 'Which the off - street loading berths are required. 5105.5 Standards for Off -Street Loading Facilities 1 Off - street loading facilities provided in compliance with Section 5105.3 shall meet the following standards: 1 a. Each loading berth shall be not less than forty -five (45) feet in length and twelve (12) feet in width and shall have an overhead clearance of not less than fourteen.(14) feet, except that for mortuaries, cemeteries, columbariums and crematories, a loading berth used exclusively for hearses shall be not less than twenty -four (24) feet in length and ten (10) feet in width and shall have an overhead clearance of not less than eight (8) feet. I b. Sufficient room for turning and maneuvering vehicles shall be provided on the site in order that it not be necessary for any vehicle to back onto the site from the public street. Ic. Each loading berth shall be accessible from a street or alley. 1 d. ` Entrances and exits shall be provided at locations approved by the City Engineer. 1 e. The loading area, aisles and access drives shall be paved so as to pro- vide a durable, dustless surface and shall be so graded and drained as to dispose of surface water. f. Bumper rails or curbs shall be provided where needed for safety or to protect property. g. If the loading area is illuminated, lighting shall be deflected away from abutting streets and residential sites so as to cause-no dangerous or annoying glare. e h. A loading area shall not be located in the required front, side or rear yard in any district. Except in the "M" District, a loading area lo- cated outside of a building shall be screened from public view by a e solid wall or fence, a vine- covered chain -link fence or chain -link fence with slats, or a compact evergreen hedge (with solid gates where necessary), not less than six (6) feet in height. i e 37. i. No repair work or servicing of vehicles shall be conducted in a loading area . 5105.6 Reduction of Off - Street Parking and Loading Facilities No off - street parking facility or off -street loading facility provided for a use of land or structure in compliance with Sections 5105.1 and 5105.3 shall be reduced in capacity or in area without sufficient additional capacity or additional area being provided to comply with the regulations of this Article. 5105.7 Designation of Off -Site Off - Street Parking & Loading Facilities When off - street parking facilities or off - street loading facilities are provided, in compliance with the requirements of this Article, on a site other than the site on which the use or structure to be served by the parking or loading facilities is located, an indenture shall be recorded in the office of the County Recorder de- signating the off- street parking facility or the off - street loading facility and the use or structure to be served, with legal descriptions of both sites, and certifying that the off - street parking facility or the off - street loading facility shall not be used for any other purpose unless the restriction is removed by resolution of the Planning Commission. No certificate of occupancy shall be issued until a certified copy of the recorded indenture has been filed with the Building Official. Upon submission of satisfactory evidence that other off - street parking facilities or off - street loading facilities have been provided in compliance with the requirements of this Article or that the use has ceased or that the structure has been removed or altered so as no longer to require the off - street parking facility or the off - street loading facility, the Planning Commission shall by resolution remove the restriction. 5105.6 Parking Standards The following tables shall be used to determine parking requirements for any type of use. If a use is specified and is not among those listed on the following pages, the Building Official shall determine which uses are most comparable in traffic performance characteristics and apply those standards to the proposed use. Use of Tables a. Column 1 is normally used. b. Column 2 must be substituted for Column 1 when more parking spaces result. c. Column 3 is used in addition to either Column 1 or Column 2. d. Column 4 must be substituted for Columns 1, 2 and 3 when parking is located on a cooperative parking lot such as in shopping centers, in- dustrial parks, etc. Ratio is square footage of parking lot space to square footage of floor space. e. Loading space is calculated on the basis of square foot of loading space to square footage of storage room space. 37.4 • • • fl 0 0 0 0 0 n 0 0 a 0 11 a LOADING SPACE . I 1 1 1 III In .:.: m 03 .: .: 1 1 • in F U a 0 v D To 500' 4.).4. z o 0 .a 0 - o b F E - 00 - to tO F « - 0 o G e 0 0 E 0 0 o e E v 0) C •.1 .0 x 0 it a ro a 0 •.1 41 ro a 1 1 .. t") .. 1i) ...1 C4) C .1 '. .. N N N .. N 3. ONE 2 Employees 0 O 0. W N 0 0 .4 E W N 0) O .E W N 0) 0 O O .Et E W 47 N N 0 a) 0 0 O 0 .. E E 0. f•1 W W N N N (I) O . E W N 2. ONE + M'1 0 0 0 N 1 ...04 0 pJ ) 0 0 V N 1 . ro d w ' H 0 a0 V v d M x ¢ w w 0) 02 0 10n N .-1 •C N rn x a) 0 U 0 O 1 \ \ .. .. 6 w 0) 0 0') .a ONE 2 Perm. Seats "0' F o° a _ 0 U G w C 0 v N .V-. N (a C q U 0 .\. 13 '0 G G X .X 0 0 O° 1n O _.\, ro ro • N w 0. w 0 1. 0) 10 m= 0. n '.9 '«l o a °.. .�N.1 A. 0 0 A ti 5105.8 TYPE OF USE ai O ... 01 C : 3 mo 1 0 0.0 0 N U . 1•1 . e e 0 �/''' .. }O•)C w .. q O ro a lO to -b1 " G w 1S a'.+ U -ra 0 'O .,0 8 1-y-. `0 °. .. N m o .0 O 8 y O w 0 H 0 m 1 OG 0 b 0. G V) Cave O co .. 0 O' a .+ • w x N N 0. O 0 o o o ° L. CI' m v .,4v O y ro �y 0 .0 O O c C7 w° U N N o� O �. C E i q v] O .0 �0o 0 7 x OC 0 % e Q w `/) 0« x w a) v0 ..1-. W N al in .0 ' •U a) a) X u; 0 �0 v; V, o O 1. � 0 0■ 11-0. en G y w y .2 w m y0 o - 'O �, O� O ..0 .& w 3 G n C is > o- ay) 0 E b O q 01 G E 1, 0 0) - •E O-..12) -.,G.x .000L.O+ r �7 0 a •$ o -� v w m 0 0 �. w 0 0 I. E 0 O .+ . 'A 00. -)0 w0taa..w a In a) _U 0 N .-. U _. '00) 2 sesi ancind eazeWUWO rielo fl 0 0 0 0 0 n 0 0 a 0 11 a SPACE REQUIRED I • I 0 .. .. I 0 .. .. CO .. 0 In .. .. .. 0 .. .. CO .. .. 1 I 1 In O 11 ro 0 a 0 W F y a .1 a O O 0 a CC O V 4) 1. 0 C 0 a O 0 a O 0 too Oi E-1 44 W 0 C ° 0 [ 0. O �. a0 O - o ° F - o ° F Y 4) Z 0 O Y 4) Z 0 O Y 4)C) Z 0 O L 4. o • C -.1 H 41 a O {) •.1 a ro a 1 I I I 1 I I I I I I I I I Added Space Per oz 0 N C 0 N 4) o CO N y 4) 4) 0 E w N 0 4) 0 0 E w N 0 01 4) 4) 4) 4) 0 0 E E w w C N 0 4) 4) 0 E w V' 0 4) 4) O 0. w N 0 4) 4) 0 0. w Cr 1 0 0) 0 0 E 14 N 0 4) 0) 0 0. 14 N 2. Vehicle Space Per and 1 1 1 1 1 I I. F. 0 011 S S: m 4a) o 0 o oo o .-.4 ti 1• 011 w 0 o - C O W .y.. E 0 U (] .ra- 0 1 «. m �• x y '•G" ro o 4) 4) a W .. 1 I .. W Z 0 H v i1 0) M 4) 4) .-1 Oa .q 0 „}'. C \ .. C o C x - a 0 1.. 4) e N ] 1.11 0 X ti C .) .. •0 x 4) '0 07 0) �' CO C " 0 O W 0 co 4-1 y m C N w 4) •1,a 7 0' y Q O ao N — .. y 41 a CO 4) C ea E y w S In 0 � .". 'O a 't co ��'.. 'O a a en y U In 5105.8 . TYPE OF USE y U 1. .. o-. 'COO'-' y 011 a., 2, 0 rn 0 <n03 d °m 'o N x ti 0, 0 Q 0 x C a 4 x4. w O .:. e Et " 414 0 2 , m " 0 x E 0 � - a f0 .00.i 1 1 ^1 0 C 0. y 0 B x m a O d Q -. O y 0 0 $ P O C y O-a UC y of �, w Ip o a U y y -xx o m .$ 0a. ce 4 .ro0.. 1. ro E 7 V y S v CO Q 1' " 0 F E ." .3 x O O = 0 ¢i0 y O _ o 7 I0 t. t U' 4'$ C 0 .. Ez 0) 0 rat 0 O 0 CI) C 2 7 U It1 m o a L U 4) 7I y •• O ro U x I g 00 C n 0 y t o 31 3, x U 'William seu sesR 0MNI 11 g 0 0 0 D 0 r 0 SPACE 1 1 1 1 O 1 1 10 .-.4 ..1 .. 1 IA C O ni 0 a 0 E. 0 0 °o 0 F 0 °0 t 0 O 0 1(0 O (0 0 O .4 0 .' O 14 1° 0 p . 1-1. ( �F F -' .4 0 c c- c ,I .x F1 m 0. y,) 0 a 0 .,I u N a •� A; .. (45 .1 N N 1 1 1 1 • rn 0 0) O E W N N G) 00 E W N 0 7) 0 E W N 0 d • 0 fi 14 N N N 0 0) C 0 T. 0 a. 0 8 0 E s o d o d W W U> U> N N 1 ". N Y 0 N Q .Vi 0) 0) IT • w N 0 O• M 1 •0 C 0 0) .2 0 0 N •1 •-• 0) ' • $ • x y w N 0 0 0 0 O a O N v N - _ /. cn y V.1 0' o M 0 0 .+ _ • 0 a. w 0' o to w • 0 < m M of to an .0 m .54 0) G) N to 7. �' b _0 0 01 O 0. Q ate o In •C U Eo Eo o°q ` N i N} ti •i .-1 CO 0) 4 N M B'SOIS Insurance, Real Estate, Accountants, Architects, Agencies & Other types of Service Offices Banks, Loan Office, Post Office, Library, Employment Offices, Utility Offices, Ticket Office & Other Similar Services Studios (Photo,Health,Art) in in d . It 1^"0 a m $[ 4'x do 0 0 c CD CD CO 01 o 0� C0) LL 0. co .0 1I1 'Cjco 0 d 7 a N 0 0 4)) 01 a o y .7 v a 4 N x 0 a 0 0 : ;— a3 CI ro ��m o0 07 a L O .c C - tt1 • N O N 01 O N C C --- $C. bgrn r.q d'" c co ' a E to 0 O O -iv.), 7 Ua�ti ao. Z 0 to to E 2 v C .1 sa3T; ;p 00I13WW07 AM7GH 11 g 0 0 0 D 0 r 0 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 s • 41. s SPACE In - to ., co ., � ..1 O -I 1 1 ., 1 in •• o 1 u ro o o 0 0 N - 0 0 o - F F - 0 0 e H 0 _ O• 0 0 . 0 0 F " a - 14 14 0 0 t . 0 o 0 0 F d' IT C X b a O a 0 4�.1 a 1 1 1 1 1 1 1 1 I ^+ 1.aa_a >. 'a o E� U> >. � o E U> >, a1 Ex U> >. a o E2 0> >. T >. a o at at E Et E4 U> U> U> >. ay,), E.w U> >. a o Er U> N ve{.:.. 1.. C.. -..... w 14. •4 N O so v A w a' N.. O O O M w Iq�y o'�, N O O .y N v I C Sit N N w E a 0,)) yy U 4 4 01 U ,U 0 ro m a) y 0 to Q 4 -a /trail-iris mane N N >. O � o W+ N N a) >. O P. 0 W+ N CO a) >. O P. o W+ N N a) >. O a W N. > 2 A a 7 T) Q FQ. ... W W a a) m m N 11) O 4 .1 .•1 g ,a w . W 10 O 10 0 >. O E 0 et W t N 5105.8 TYPE OF USE N N S b a) cn a la CD O oU .E VN a a )a-a C " O a C w >. in .n - N E C w v d 4 a m 'd b C x � C " roU y cy w N .4 'O y ro as c d g' roa t .1 o a a w C CL 23,0 3 w a v) 9. La N>O .201 ro5 U 1. 2 xi' e, .... m C w o. .-. al ai C . Cfl C N C �qe.. F 0 .4 'O N 4A a) m a x CL N 0 al 4 C7 4 0. CO x 0 [-1 ) N o in N o ro •• >+ .A �' > .. i fa n 4G1snpa1 41. 5106. 5106.1 Article IV contained ARTICLE VI. GENERAL PROVISIONS, CONDITIONS AND EXCEPTIONS All regulations in this ordinance pertaining to the districts established in di hereof are subject to the general provjsions ,. conditions and exceptions in this Article. 5106.2 If any ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this ordinance, or with respect to matters of height, area requirements or zone boundaries as set forth herein, the Planning; Commission . shall ascertain all pertinent facts and by resolution set forth its findings and interpretations. Said resolution shall be transmitted to the City Council and approved by the Council. Thereafter such interpretation shall govern, except if the City Council of the City of Morro Bay directs the Planning, Commission to adopt a different interpretation. 5106.3 All of the uses listed in this Section, and all matters directly related thereto are declared to be uses possessing characteristics of such unique and special forms as to make impractical their inclusion in any class of use set forth in the various districts herein defined, and therefore the authority for a location of the operation of any of the uses designated herein shall be subject to the issuance of a Use Permit in accordance with the provisions of Article X. hereof, the Plan- ning Commission shall consider the following additional factors to determine that the characteristics of the listed uses will not be unreasonably incompatible with 42. uses permitted in surrounding areas: (1) damage or nuisance from noise, smoke, odor, dust, or vibration; (2) hazard from explosion, contamination or fire; (3) hazard occasioned by unusual volume or character of traffic or the congregating of a large number of people or vehicles; (4) height of structure. The uses referred to herein are as follows: a. Airports and landing fields; b. Cemeteries; c. Columbarium, crematories, or mausoleums; d. Establishments or enterprises involving large assemblages of people or automobiles as follows: (1) Amusement parks and race tracks (2) Circus or carnivals (3) Open air theaters (4) Public buildings, parks, and other public recreational facilities (5) Recreational facilities, . privately operated e. Public utility facilities, including but not limited to communications equipment building, water wells,. substations, and electrical generating plants; f. Radio or television transmitters; g. Refuse dumps and disposal; h. Hospitals and sanitoriums; 1. Institution of philanthropic or charitable nature; The mining of natural mineral resources, together with the necessary , buildings and appurtenances incident thereto; 43. • • k. Removal or deposit of earth other than in connection with excavations or deposits in connection with construction or building, roadways, or public or home improvements. 5106.4 Accessory buildings shall be constructed with, or subsequent to the con- struction of the main building. 0 5106.5 Public utility distribution and transmission line towers and poles, and underground facilities for distribution of gas, water, communications and electricity shall be allowed in all districts without limitations as to height or without obtaining a Use Permit therefor, provided however, that all routes of proposed gas, water, communication and /or electrical transmission lines shall be submitted to the City Planning Commission for their recommendation. Such recommendation shall be received at least sixty (60) days prior to acquisition of rights -of -way therefor. 5106.6 Travel trailers, or camp cars shall be used for human habitation or occupied for living or sleeping quarters only when installed within a licensed trailer court, trailer park or mobilehome park. Travel trailers or camp cars or boats maintained upon any lot, piece or parcel of land, other than a trailer court, •trailer park or mobilehome park, shall comply with the following conditions: a. Such vehicle or boat shall not be maintained in any required front yard. b. Such vehicle or boat shall not be used for sleeping quarters nor any sanitary or cooking facilities contained therein be used. 44. c 0 fl 0 0 5106.7 Where chimneys, silos, cupolas, flag poles, monuments, gas storage holders, radio and other towers, water tanks, church steeples and similar structures and mechanical appurtenances are permitted.in a district, height limits may be exceeded upon the securing of a Use Permit in each case. •5106.8 In any "R" District where a Use Permit is secured for an increased .height limit, the front, 'side and rear yards shall each be increased.by one (1) foot • for each one (1) foot by which the building exceeds the height limit hereinbefore specified for such use. 5106.9 In any district with a height limit of less than seventy -five (75) feet, public and semi - public buildings, schools, churches, hospitals and other institutions permitted in such districts may be erected to a height not exceeding seventy -five (75) feet, provided that the front, rear and side yards shall be in- creased one (1) foot for each one (1) foot by which such building exceeds the height limit hereinbefore established for such district. 5106.10 Upon securing a Use Permit, any building in any "C" or "M" Dis- trict may be erected to a height exceeding that herein specified for such dis- trict, provided that the cubical contents of the building shall not be increased beyond that possible for a building erected within the height limit hereinbefore specified. 45'.. • Fences, hedges and walls may be erected in any district subject to the following conditions: a. Fences, walls and hedges, fifty percent (50 %) or more of the surface of which is open to the passage of air, not ex- peeding four (4) feet in height may occupy any required yard area. b. Solid fences, walls and hedges not exceeding three (3) feet in height may occupy any required yard area. c. Fences, walls and hedges not exceeding six (6) feet in height may occupy any side or rear yard area, provided: (1) That such does not extend into any front yard. (2) That, in the case of a corner lot, such do not extend into the side yard required along a side street or into that portion of the rear yard abutting such side street which is equal to the width of the side yard required on said side street. d. Fences or structures exceeding six (6) feet in height to en- close commercial or industrial uses, tennis courts or similar areas, when such fences enclose the rear half of a lot, may be erected subject to the obtaining of a Use Permit therefor. e. Fence surrounding swimming pool - Maximum allowable height, six (6) feet. 46. 5106.12 Architectural features on the main building, such as cornices, eaves and canopies may not extend closer than six (6) inches to any side lot line. Eaves and canopies may extend a maximum of four (4) feet into the required front yard. Fire places, not exceeding eight (8) feet in breadth, may extend not closer than three (3) feet to any side lot line. 510,6.1:3 . Open, uncovered raised porches,landing places or outside stairways may project not closer than three (3) feet to any side lot line, and not exceeding six (6) feet into any required front or rear yard. '.5106.14 Whenever an Official Plan Line has been established for any street or proposed street,yards required by this Ordinance shall be measured from such Plan Line and in no case shall the provisions of this Ordinance be construed as permitting any encroachment upon any Official Plan Line. ,5106.1$ Where an accessory building is attached to the main building, it shall be made structurally a part of and have a common roof with the main building, and shall comply in all respects with the requirements of this Ordinance applicable to the main building. Unless so attached, an accessory building in an "R" District shall be located on the rear one -half (1/2) of the lot and at least eight (8) feet from any dwelling building existing or under construction on the same lot, or any adjacent lot. Such accessory building, when used as a garage, shall not be lo- cated within five (5) feet of any alley or, in the case of a corner lot, to project beyond the front yard required or existing on the adjacent lot. but may extend,: to within one foot of the line.. Notwithstanding.•any requirements in the . Ordinance in cases where the elevation of the front half of the lot at a point fifty= 47. • • (50) feet from the center line of the public right -of -way is seven (7) feet above or below the grade of said center line a private garage, attached or detached, may be built to within five (5) feet of the front line of the lot. Residential garage entrances fronting on any lot line shall be located not less than twenty (20) feet from said lot line. 5106.16 Swimming Pools in R -1 and R -2 Districts shall be constructed on the rear one -half (1/2) of the lot or fifty (50) feet from the front property line, which- ever is the less; such pools shall not be located closer than five (5) feet to any rear lot line or side line. On the street side of any corner lot, where the rear lot line abuts a side lot line, no pool shall be located closer than ten (10) feet to such side lot line. Filter and heating systems for such pools shall not be located closer than twenty -five (25) feet to any dwelling other than the owner's. No pool shall occupy over 40% of the required rear yard. Coverage by a swimming pool shall not be considered in measuring maximum lot coverage. 5106.17 In R -1 Districts, where four (4) or more lots in a block have been im- proved with buildings at the time of the passage of this ordinance (not including accessory buildings) , the minimum required front setback shall be the average of the improved lots, if said setback is less than the stated requirements of the districts. 5106.18 The width of side yards for dwellings constructed on lots of less than stated widths may be reduced to ten (10 %) percent of the width of such parcel, but in no case to less than three (3) feet. 48. 5106.19 Dwelling groups shall be constructed so that the following minimum distances are provided: (1) Minimum distance between buildings shall be not less than one -half (1/2) the sum of the heights of the two buildings, and in no case less than ten (lp) feet. (2) Minimum of ten (10).feet between side yard line and access side of single row dwelling groups. (3) Minimum of twenty (20) feet between access side of buildings in double rows . • 5106.20 In case an application is made for a use permit for any building or structure in any "C ", "M ", "R -3" or "R -4" District, said application shall be accompanied by architectural drawings or sketches, showing the elevations of the proposed building or structure and site plans showing proposed landscape or other treatment of the grounds around such building or structure. Such draw- ings, sketches, and site plans shall be considered by the Planning Commission in an endeavor to provide that the architectural and general appearance of such build- ings or structures and grounds be in keeping with the character of the neighbor- hood and such as not to be detrimental to the orderly and harmonious development of the city, or to impair the desirability of investment or occupation in the neigh- borhood. 5106.21 The Planning Commission may appoint an Architectural Committee of three of its members which shall exercise the architectural considerations pro- vided for in Section 5106.20. 5106.22 No use permit shall be issued in any case where architectural con- sideration is required until such drawings or sketches have been approved by the Planning Commission and all buildings, structures and grounds shall be constructed and improved in accordance with approved drawings or sketches. 49:. • 5106.23 Condominium 5106.23.1 A condominium is an estate in real property consisting of an un- divided interest in common in a portion of a parcel of real property, together with a separate interest in fee in space in a residential, industrial or commercial building on such real property, such as an apartment house, office or store. A condominium may include, in addition, a separate interest in any other portions of such real property. 5106.23.2 Condominium developments, either new structures or the conversion of existing structures originally built for sale or lease, shall be allowed in any dis- trict, upon the securing of a Use Permit as provided in Article X. of this ordinance, and further proyided that: (a) Regulations governing use, building height, required yards, building separation, signs and off -street parking, and other explicit regulations where applicable, shall be those of the Zoning District within which the develop- ment site is located. (b) Residential condominiums shall be classified as follows: 1. Horizontal - one in which single family dwelling units are constructed either as separate structures, or as self - contained units within a common structure having individual entrances and utility connections, no opening 50. • in any wall common to two or more units, and no part of any unit on top of any part of any other unit. 2. Vertical - any duplex, triplex or apartment house, as defined in the Uniform Building Code, in which any part of any dwelling unit is on top of any part of any other dwelling unit. (c) Maximum allowable density in any residential condominium in-the "R -1" District shall be: One unit for every 6,000 square feet of gross area. Maximum allowable density in the "R -2" District shall be: One unit for every in the "R -3" District Maximum allowable density shall be: One unit for every Maximum allowable density in the "R -4" District shall be: One unit for every in any residential condominium 2,500 square feet of gross area. in any residential condominium 1,600 square feet of gross area. in any residential condominium 1,200 square feet of gross area. (d) "Gross Area" as used in this section shall mean the total area of the development site; including all areas held in common, and private streets and roads, but not public streets, alleys, or other public areas. (e) In all residential condominiums the outdoor common area, ex- clusive of all structures, shall contain an area having a slope of not more than ten (10 %) percent, and a minimum area per unit as follows: 51. 1 square feet per unit. • 1. For horizontal condominiums: One thousand (1,000) 2. For vertical condominiums: (a) Where structures average two stories or less: Five bTundred (500) square feet per unit. (b) Where structures average more than two stories: Four hundred (400) square feet per unit. The requirements of this section may be met in whole or part by any equivalent open ground area which is a part of the fee to any individual condominium. (0 In any condominium in which residential uses are proposed in any "R" District, the main structures shall be separated from any other main structure on the same lot by a distance of not less than one -half (1/2) the sum of the heights of the two buildings, and in no case less than ten (10) feet. (g) The side yard setback of any residential main structure on any condominium lot on a public street shall be five (5) feet if the distance be- tween the front lot boundary and the rear lot boundary is one hundred (100) feet or less, and ten (10) feet if the distance between the front lot boundary line and the rear lot boundary is over one hundred (100) feet. (h) Application for a Use Permit shall be accompanied by: 1. Map, to a workable scale, showing the site in relation to surrounding property, existing roads and other existing improvements. 52. 0 • 2. Site plan, showing proposed improvements, locations of buildings on the ground, orientation of buildings, utilities, public services, public facilities, streets and alleys, landscaping and the boundaries of the project. 3. Drawings showing how airspace is to be divided within the condominium. 4. Copy of the tentative subdivision map. 5. Floor plans and elevations of all proposed buildings and structures. 6. Any information deemed necessary or desirable in assis- ting the Board of Adjustments in its determination on the use permit and the conditions thereof. 7. A copy of the declaration of restrictions, and proposed management arrangement, relating to the project as required by Section 1355 of the Civil Code. (i) It is the express intent of the City of Morro Bay to apply the foregoing regulations to condominiums , community apartments and similar type de- velopments, whether cluster, town house-or vertical design, because the permanent ownership or interest in individual dwelling units, or the airspace occupied thereby, renders these developments essentially different in nature from developments or buildings in which dwelling units are rented or leased. 53. • • • 5106.24 Building Lines 0 The following setbacks shall be required when any land borders on a major or collector street as designated on the officially adopted Street and Highway Plan element of the General Plan, or any local street except those streets officially designated as a width less than 56 feet. Front, side or rear yard abutting Highway or Street - Measured from Center Line: p Building Line for Building Line Building Line LOCAL OR COLLECTOR MAJOR MAJOR HIGHWAY HIGHWAY HIGHWAYS DISTRICT (56' R/W) (64' C &M Dists.) (64' R/W) (84' R/W) Front Side Rear Front Side Rear Front Side Rear R -A 48' 38' 38' 52' 42' 42' 62' 52' 52' R -1 48' 38' 38' 52' 42' 42' 62' 52' 52' 0 0 11 11 Dedication of land required for development of a major or secondary street shall be required at time of the subdivision of any land, or where no subdi- vision is involved, at time of development. Improvement shall be required as a condition of any Use Permit or Variance and preceding any change of land use. R -2 48' 38' 38' 52' 42' 42' 62' 52' 52' R -3 43' 38' 43' 47' 42' 47' 57'.. 47' 57' R -4 , 43' 38' 43' 47' • 42' 47' 57' 47' 57' 0-A. 48' 38' 38' 52' 42' 42' 62' 52' 52' P -D 48' 38' 43', 52'. 42' 42' 62' 52' 52' C-1-N 42' • 32' 32' ' 42' 32' 42' 52' 52' 52' C-1 • 32' 32' 32' 32' 32' 32' 42' 42' 42' C-2 32' 32' 32' 32' 32' 32' 42' 42' 42' .0 -H 32' 32' 32' 32' 32' 32' 42': 42' 42' M-1 57' 42' 42' 57' 42' 42' 67' 52' 52' M-2 32' 32' 32' 32' 32' 32' 42' 42' 42' 54. c • • ARTICLE VII. 5107. PERFORMANCE STANDARDS 5107.1 FIRE AND EXPLOSION HAZARDS All activities involving, and all storage of, flammable and explosive . materials shall be provided with adequate safety devices against the hazard of fire and explosion and adequate fire- fighting and fire - suppression equipment and devices standard in industry and as approved by the Fire Department. All incinera- tion is prohibited. 5107.2 RADIOACTIVITY OR ELECTRICAL DISTURBANCE Devices which radiate radio- frequency energy shall be so operated as not to cause interference with any activity carried on beyond the boundary line of the property upon which the device is located. Further, no radiation of any kind shall be emitted which is dangerous to humans. 5107.3 NOISE At the lot line the maximum sound pressure level radiated in each standard octave band by any use or facility (other than transportation facilities or temporary construction work) shall not exceed the values for octave bands lying within the several frequency limits given.in Table I, after applying the cor- rection shown in Table II. The sound pressure level shall be measured with a Sound Level Meter and associated Octave Band Analyzer, conforming to standards prescribed by the American Standards Association. (American Standard Sound Level Meters for Measurement of Noise and Other Sounds, Z24.3 -1944, American Standards Association, Inc., New York, N.Y. and American Standard Specifications for an Octave- - 55. • • 0 Band Filter Set for the Analysis of Noise and Other Sounds, Z24.10 -1953, American 11 Standards Associations, Inc., New York, N.Y. shall be used.) Q TABLE I. a FrequencyRange Containing Octave Bands Octave Band Sound Pressure Level In Cycles Per Second In Decibels re 0.0002 dyne /cm 2 20 - 300 60 300 - 2400 40 above 2400 30 If the noise is not smooth and continuous and is not radiated between the hours of 10:00 p.m., and 7:00 a.m. , one or more of the corrections in Table II shall be ap- a plied to the Octave Band Levels given in Table I. 11 0 11 TABLE II. Type of Location of Operation or Correction in Decibels Character of Noise 1. Daytime operation only Plus 5 2. Noise source operate less than: a . 20% of any one -hour period Plus 5 b. 5% of any one -hour period Plus 10 (Apply one of these corrections only.) 3. Noise of impulsive character such as hammering -5 fl 4. Noise of periodic character such as hammering Q 0 0 or screeching -5 56. a 0 5107.4 VIBRATION: No vibration shall be permitted so as to cause a noticeable tremor, measurable without instruments at the lot line. 5107.5 SMOKE: No emission shall be permitted at any point from any chimney or otherwise of visible grey smoke or of a shade equal to or darker than No. 2 on the Power's MicroRinglemann Chart published by the McGraw -Hill Publishing Co., Inc. and copyright 1954 (being a direct facsimile reduction of a standard Ringlemann Chart as issued by the United States Bureau of Mines) except that visible grey smoke of a shade equal to No. 3 on said chart may be emitted for four (4) minutes in any thirty (30) minutes. 5107.6 ODORS: No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be readily detectable when diluted in the ratio of one volume of odorous air to four volumes of clean air, at the lot line. Any pro- cess which may involve the creation or emission of any odors shall be provided with a secondary safeguard system so that control will be maintained if the pri- mary safeguard system should fail. There is hereby established as a guide in de- termining such quantities of offensive odors, Table III, "Odor Thresholds ", in Chapter 5, "Air Pollution Abatement Manual ", copyright 1951 by Manufacturing Chemists" Association, Inc., Washington, D.C. 57. • • E 5107.7 FLY ASH, DUST, FUMES, VAPORS, GASES, AND OTHER FORMS OF AIR POLLUTION' animals, vegetation, or other forms of property, or which can cause any excessive No emission shall be permitted which can cause any damage to health, soiling at any point. No emission shall be permitted in excess of the standards specified in Table I, Chapter 5, "Industrial Hygiene Standards, Maximum Allow- able Concentrations" of the "Air Pollution Abatement Manual", copyright 1951 by Manufacturing Chemists' Association, Inc., Washington, D.C. In no event shall any emission, from any chimney or otherwise, of any solid or liquid particles in C concentrations, exceed 0.3 grains per cubic foot of the conveying gas at any point. For measurement of the amount of particles in gases resulting from combustion, standard corrections shall be applied to a stack temperature of 500 degrees Fahren- p heat and fifty (50) percent excess air. 0 11 c 0 a 5107.9 LIQUID OR SOLID WASTES 5107.8 GLARE No direct or reflected glare, whether produced by flood light, high temperature processes such as combustion or welding, or other processes, so as to be visible from any boundary line of property on which the same is produced shall be permitted.. Sky - reflected glare from buildings or portions thereof shall be so controlled by such reasonable means as are practical to the end that the said sky - reflected glare will not inconvenience or annoy persons or interfere with the use and enjoyment of property in and about the area where it occurs. No discharge at any point into any public sewer, private sewage fl disposal system, or stream, or into the ground, of any materials of such nature a 58. 0 or temperature as can contaminate any water supply, interfere with bacterial processes in sewage treatment, or otherwise cause the emission of dangerous or offensive '-elements, shall be permitted, except in accord with standards approved by the California Department of Public Health or such other governmental agency as shall have Jurisdiction of such activities. 59. • • p 0 ARTICLE VIII. • 5108. NONCONFORMING USES a 5-108..1 Except as otherwise provided in this Article, uses of land, build- a a a a the district in which such land or building. is located except as hereinafter.provided . p ings, or structures existing at the time of the adoption of this ordinance may be continued, although the particular use, or the building or structure does not con- form to the regulations specified by this ordinance for the district in which the particular building or structure is located or use is made; provided, however, no nonconforming structure or use of land may be extended to occupy a greater area of land, building or structure than is occupied at the time of the adoption of this ordinance. If any nonconforming use is discontinued or abandoned, any subse- quent use of such land or building shall conform to the regulations specified for If no structural alterations are made therein, a nonconforming use of a nonconforming building may be changed to another use of the same or more restrictive classifica- tion upon the securing of a Use Permit. If the nonconforming use is replaced by a more restrictive use, the occupancy thereafter may not revert to a less restrictive use. If any use is wholly discontinued for any reason except pursuant to a valid order of a court of law for a period of one (1) year, it shall be conclusively presumed that such use has been abandoned within the meaning of this ordinance, and all future uses shall comply with the regulations of the particular district in which the land or building is located. 60. fl a 11 0 11 II e08 , 2 If any lands , upon which no building or structure of any kind is ' located, are used for a purpose which is not in compliance with the regulations of the district where such lands are located, such use may continue for a period of three (3) years from the date of the adoption of this ordinance. After the ex- piration of the aforementioned three (3) year period, such lands shall be used only in conformance with the regulations of the district in which .theyr.are located. 5108.3 Any building or structure existing at the date of the adoption of this ordinance which is nonconforming either in use, design or arrangement shall not be enlarged, extended, reconstructed or structurally altered unless such en- largement, extension, reconstruction or alteration is in compliance with the reg- Aulations set forth in this ordinance for the district where such building or struc- 1 ture is located; provided however, any such nonconforming building or structure may be maintained, repaired or portions thereof replaced so long as such repairs or replacements do not exceed twenty -five (25 %) percent of the building's assessed 1 valuation, as shown on the latest assessment ro1,1. of the City of Morro Bay. 1 5108.4 A nonconforming building destroyed to the extent of more than fifty (50 %) percent of its reasonable value at the time of its destriction by fire, explo- sion, or other casualty or Act of God, maybe restored and used only in compli- 1 ance with the regulations existing in the district wherein it is located. e5108.5 REMOVAL OF NONCONFORMING STRUCTURES Any structure which does not conform to the regulations of the dis- trict in which it is located, and which had an assessed valuation of $500 or less aat the time it became non - conforming, shall be removed, or altered or reconstructed 61. e • to be structurally conforming, within five years from the time the structure became non - conforming. The Building. Inspector shall cause notice to be given to the owners of any such structure at least one year prior to the time removal or alteration.is required to be completed and removal or alteration shall not be required to be com- pleted until such one year period has lapsed. 5108,6 The foregoing provisions of this Article shall apply to structures, land, and uses which hereafter become non - conforming due to redistricting of any lands under provisions of this ordinance. .62, ARTICLE :D ::. 5109. BOARD OF ZONING ADJUSTMENT 5109;.1 The Planning Commission may create.a:Board.oLZonigg :Adjustment: for- -. the City. of Morro Bay, hereinafter referred to in this Article as the "Board?: 5109.2 The Board shall consist of threeb(3) members appointed from the mem- bership of the City Planning Commission by resolution of said Commission. 5L09.3 Prior to the adoption of the resolution appointing the first members of said Board, the City Planning Commission as a whole shall constitute such Board, with all the powers and duties thereof. 5109.9 The: term of office of the members of said Board shall be one (1) year, provided that the first members appointed shall serve as follows: One (1) for six (6) months, one (1) for one (1) year and one (1) for eighteen (18) months . 5109.5 The City Planning Commission shall fill any permanent vacancy of said Board for the Unexpired term. 5109.6 The Board shall hear and decide the following matters: a. Applications for variances b. Applications for use permits c. Appeals from administrative acts, where it is alleged by the appellant that there is error in any order, requirement, permit, decision or determination made by an administrative official in the administration or enforcement of this ordinance. i .63. • • a: 0 (1) In deciding said appeals, the Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as should be made, and, to that end, shall have all the pow- ers of the officer from whom the appeal is taken. (2) Appeals to the Board of Adjustment may be taken by any person aggrieved, or by any officer, department, board or bureau of the city affected by any decision of the ad- ministrative official. Such appeal shall be taken within ten (10) days following said decision by filing with the officer from whom the appeal is taken, and with the Board of Adjustment, a notice of appeal specifying the grounds. The officer from whom the appeal is taken shall forthwith transmit to the Board all of the papers constituting the re- cord upon which the action appealed from was taken. (3) An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Adjustment, after notice of appeal shall have been filed with him that, by reason of facts stated in the certificate, a stay would, in his opinion cause imminent peril to life and property. In such case proceedings shall not be stayed except by a restraining order which may be granted by the Board of Adjustment or by a court of record on application, and notice to the of- ficer from whom the appeal is taken and due cause shown. 5109.7 The general rules and procedures necessary or convenient for the con- duct of its business as are not in conflict with the said general rules adopted for that purpose by the Planning Commission. 5109.8 The majority in number of the total voting membership of the Board shall constitute a legal quorum. The concurrence of at least a majority of the mem- bers present shall be necessary for action on any matter. 64. fl a 0 c 11 c n 0 a I3 0 a o • • a5109.9 All members of the City Planning Commission are hereby consti- II• tuted as ex- officio members of the Board. 1 In event any member of the Board is unable to attend a meeting of said Board, the Chairman of the Commission may designate any other member of the Commission to serve in his stead and with full voting rights at such meeting. 1 ARTICLE .X. 1 5110. USE PERMITS, VARIANCES, AND REVOCATION OF PERMITS 1 5110.1 USE PERMITS revocable, conditional and /or valid for a term period, may be issued as provided in this Article for any of the uses or purposes for which such permits are required or permitted by the terms of this ordinance, and only 1 those uses. The Planning Commission may impose such conditions as it deems necessary to secure the purposes of this ordinance and may require tangible guar- antees or evidence that such conditions are being, or will be complied with. 1 5110.2. .Application for use permits shall be made in writing by the owners of the property, lessee, purchaser in escrow, or optionee with the consent of the own - •ers, on a form prescribed by the Planning Commission of the City of Morro Bay. The application shall be accompanied by.a fee, set by the City Council, and plans 1 • showing the details of the proposed use to be made of the land .or building. • 5110.3 Upon receipt of the application for use permit, the Planning Commis- sion shall determine whether or not the establishment, maintenance, or operation of 1 the use applied for will, under the circumstances of the particular case, be detri- mental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or whether it will be 65. • • Q injurious or detrimental to property and improvements in the neighborhood or the general welfare of the City. If the Planning Commission finds that the aforementioned conditions will not result from the particular use applied for, it may grant the Use Permit. fl 5110.4 VARIANCES Applications for variances from the strict application of the terms of this ordinance may be made and variances granted when the following circumstances 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 a special privilege inconsistent with the limitations upon.other properties in the vicinity and district in which the subject property is situated; and (2) That because of special circumstances applicable to subject fl 0 property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. fl 5110.5 The use of lands or buildings not in conformity with the regulations a specified for the district in which such lands or buildings are located may be allowed 0 by the granting of a variance from the strict application of the terms of this ordinance. 5110.6 Applications for variance shall be made in writing by a property owner, lessee, purchaser in escrow, or optionee with the consent of the owners on a form prescribed by the Planning Commission of the City of Morro Bay. They shall be accompanied by a fee, set by the City Council; a plan of the details of the variance requested; and evidence showing (1) that the granting of the variance will not be n c 0 a contrary to the intent of this ordinance or to the public safety, health and welfare, and (2) that due to special conditions or exceptional characteristics of the property, 'or its location, the strict application of this ordinance would result in practical 1 difficulties and unnecessary hardship. 5110.7 If the Planning Commission shall find that the qualifications under aSection 5110.4 apply to the land, building or use for which variance is sought, and that such variance is in accordance with the intent of this ordinance, it may grant all or part of the variance sought. 1 5110.8 A public hearing shall be held on any application for Use Permit or Variance. Notice of such hearing shall be given, not less than ten (1.0) days 1 prior to such hearing, by publication in a newspaper of general circulation, and by mailing, postage prepaid, a notice of the time and place of such hearing to all per- sons whose names and addresses appear on the latest adopted tax roll, or ,as known 1 to the City Clerk, as owning property within a distance of three hundred (300) feet 1 from the exterior boundaries of the area occupied, or to be occupied, by the use which is the subject of the hearing. Such notice shall set forth a general descrip- 1 tion of the property affected, and the nature of the proposed use or variance. 1 .5110.9 COUNCIL ACTION 1 Use Permits and Variances shall not be issued until ten (10) days have elapsed from the granting thereof, and in case an appeal is filed from the 1 Planning Commission decision thereon shall not be issued until decision shall be amade by the City Council on such appeal. 67. e 5110.10 Use Permits and Variances shall not have any force and effect until 67 the permittee acknowledges receipt thereof and acceptance of any conditions thereto. fl 5110.11 APPEALS Q In case the applicant or any other person is not satisfied with the action of the Planning Commission on any Use Permit or Variance application, he may, within ten (10) days appeal in writing to the City Council. The fee for such a appeal shall be set by the City Council. Upon receipt of such appeal the City Council shall set the matter for public hearing, said hearing shall be held within forty (40) days following such receipt, notice thereof to be given as provided by law. Notice shall also be given fl to the Planning Commission which shall submit a report to the City Council setting forth the reasons for the action taken by the Blanning.Commiss•ion... Such seport ''shell be submitted in writing::orty•representation at the hearing. fl The City Council shall render its decision, not more than forty (40) C days after the close of the hearing. 5110.12 EXPIRATION OF PERMITS Any Use Permit or Variance granted in accordance with the terms of this ordinance shall, without further action, become null and void if not used within one (1) year from the date of the approval thereof or within any other period of time, fl if so designated by the Planning Commission. 68. 1 • 5110.13 REVOCATION OF PERMITS Any Use Permit of Variance granted in accordance with the terms of this ordinance may be revoked by the City Council in the manner hereinafter set forth, if any of the conditions or terms of such permits are violated, or it the fol- lowing findings are made: (1) In connection with Use Permits: The continuance of the use would be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such use, or would be in- jurious or detrimental to property and improvements in the neighborhood or to the general welfare of the City. (2) In connection with Variances: Continued relief from the strict application of the terms of this ordinance would be contrary to the public interest, safety, health and welfare. 3110.14 Before the Council considers revocation of any permit, the Planning Commission shall hold a hearing thereon after giving written notice thereof to the permittee at least ten (10) days in advance of such hearing and in the same time and manner as provided in Section 5111,5. Within five (5) days thereafter, the Planning Commission shall transmit a report of its findings and its recommendations on the revocation to the City Council. 69. • • ARTICLE XI. 0 5111. AMENDMENTS 5111.1 Except as otherwise provided in this Article, any amendment to this 0 ordinance shall be initiated and adopted as other ordinances are amended or adopted. 5111.2 Any amendment to this ordinance which changes any property from one district to another district, or imposes any regulation upon property not theretofore 0 imposed, or removes or modifies any such regulation, shall be initiated and adopted Q as hereinafter set forth in this Article. fl 5111.3 Any amendment of the nature specified in Section 5111.2 hereof may be initiated by (1) the filing with the City Planning Commission of a Resolution of Intention of the City Council of the City of Morro Bay; (2) passage of a Resolution 0 of Intention by the Planning Commission, or (3) filing with the Planning Commission of a petition of one or more record owners of property which is the subject of the proposed amendment or their authorized agents . A petition for amendment shall be on a form designated therefor by the Planning Commission and shall be accompanied by a fee, as set by the City Council. 5111.4 Upon receipt of a petition or resolution of intention of amendment the Planning Commission shall set a date for a public hearing thereon, but not later D than forty (40) days after the receipt of said petition or resolution. 70. D 0 • • 0 5111.5 Notice of public hearing shall be given in the following manner: 0 (1) Pdblication of a notice of hearing one (1) time not less than ten (10) days prior to such hearing in a newspaper of general circulation. in the City of Morro Bay; and (2) Notice of the time and place of any public hearing on any zone change amendment to this ordinance shall be given by the Planning Commission by • •mailing in the United States Mail a written notice thereof, not less than ten (10) edays prior to such hearing, to every person whose name and address appears on the 1 latest assessment roll as an owner of any property within the territory covered by 0 such proposed change and within three hundred (300) feet of the outer boundaries thereof; and (3) Posting, not less than ten (10) days prior to such hearing, at 1 least three (3) public notices of hearing along the streets upon which the property eproposed to be affected abuts . Each such notice shall consist of the words "Notice of Proposed Zoning Change" in letters not less than one (1) inch in height, and in addition thereto, a statement in small letters setting forth a general description of the property proposed to be affected, the-time and place of the public hearing there- on and such other information as the Planning Commission deems to be necessary. 1 Any failure to post public notices as aforesaid shall not invali- date any proceedings for the amendment of this Zoning Ordinance. 5111.6 After the close of the public hearing or continuations thereof, the Planning Commission shall make a report of its findings and its recommendation 71. e T • • 0 0 0 a a ninety (90) days after the first notice of hearing thereon; provided however, that such time may be extended with the consent of the City Council or the petition for such amendment. fl 5111.7 Upon receipt of the recommendation of the Planning Commission, the a City Council shall hold a public hearing thereon, giving notice thereof as pro- vided by law. After the conclusion of such hearing the City Council may, within one (1) year, adopt the proposed amendment or any part thereof set forth in the 0 petition or resolution of intention in such form as the Council deems desirable. 5112. INTERPRETATION 5112.1 Except as specifically provided herein this ordinance shall not be interpreted to repeal, abrogate, annul or in any way affect any existing ;provi- sion of any law or ordinance or regulations or permits previously adopted or issued relating to the erection, construction, moving, alteration or enlargement of any building or improvement; provided however, in any instances where this with respect to the proposed amendment. The Commission report shall include a list of persons who testified at the hearing, a summary of the facts adduced at the hearing, the findings of the Commission, and copies of any maps or other data and /or documentary evidence submitted in connection with the proposed amendment. Copy of such report and recommendation shall be transmitted to the City Council within ARTICLE XII. 72. 0 0 0 0 0 0 • • ordinance imposes greater restrictions upon the erection, construction, establish- ment, moving, alteration or improvement of buildings or the use of any building or structure than is imposed or required by an existing law, ordinance or regulation, the provisions of this ordinance shall control. 5112.2 Whenever the Planning Commission of the City of, Morro Bay is called upon to determine whether or not the use of land or any structure in any district is similar in character to the particular uses allowed in a district, the Commission shall consider the following factors as criteria for their determination: (1) Effect upon the public health, safety, and general welfare of the neighborhood involved and the City at large. (2) Effect upon traffic conditions. (3) Effect upon the orderly development of the area in question and the City at large in regard to the general planning of the whole community. 5112.3 The Planning Commission shall have the power to hear and decide appeals based on the enforcement or interpretation of the provisions of this or- dinance. 5112.4 In case the applicant is not satisfied with the action of the Planning Commission on his appeal, he may within ten (10) days appeal in writing to the City Council. 73. `�'r... T 'Wa _Tn.'".._"CW .RT'„ie TT " :.•�� .r ... .q • • 5112.5 Notice shall be given to the Planning Commission of such appeal, and a a report shall be submitted by the Commission to the City Council, setting forth the fl reasons for the action taken by the Commission. Such report shall be submitted in writing or by representation at the hearing. 0 5112.6 The City Council shall render its decision within forty (40) days after o the closing of the public hearing thereon. fl ARTICLE XIII. 5113. ENFORCEMENT PROCEDURE AND PENALTIES 5113.1 It shall be the duty of the City Administrator or his authorized agents of the City of Morro Bay to enforce the provisions of this ordinance, pertaining to the use of land or buildings and the erection, construction, reconstruction, moving, alteration, or addition to any buildings or structures. Any permit or license of any type issued by any department or officer of the City of Morro Bay, issued in O conflict with the provision of this ordinance, is hereby declared to be null and void. 5113.2 Any building or structure erected, constructed, altered, enlarged, 0 converted, moved or maintained contrary to the provisions of this ordinance and any use of land or buildings operated or maintained contrary to the provisions of this ordinance are hereby declared to be public nuisances. The City Attorney, 0 upon order of the City Council shall commence the necessary action or proceedings fl for the abatement, removal and•enjoinment thereof in the manner prescribed by law in the courts which may have jurisdiction to grant such relief as will accomplish 74. 1 fl : • • such abatement and restraint. The remedies provided for in this Section shall be in addition to any other remedy or remedies or penalties provided in this ordinance or any other law or ordinance. 5113.3 Any person, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be puhishable by a fine of not more than five hundred ($500.00) dollars or by imprisonment in the County Jail for not more than six (6) months, or by both such fine.and imprisonment. Any violation of this or- dinance 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. ARTICLE XIV. 5114. SEVERABILITY 5114.1 If any section, subsection, sentence, clause or phrase of this ordi- nance is, for any reason, held by a court of competent Jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this or- dinance and each section, subsection, sentence, clause and phrase hereof ir- respective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. 75. TA a 1 Section 3. The foregoing ordinance shall, before the expiration of fifteen (15) days of the passage of same, be published, with the names of the Council members voting for and against the same, once in The Sun, a newspaper of general circulation, printed and published in the City of Morro Bay, State of California, and said Ordinance shall take effect and be in force thirty (30) days after the passage thereof. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a meeting of said City Council held this 12th day of September, 1967, by the following roll call vote: AYES: Councilmen Bickford, Bowen, Keiser, Mallery and Mayor Surfluh NOES: None ABSENT: None ATTEST: 0.cZ,42 C. TED WHITE, City Clerk cl) A9 21-11( SURFL , Mayor