HomeMy WebLinkAboutOrdinance 407 and 412 - 447NUMBER
407
412
oORDINANCES 4
TITLE
LIVEABOARD ORDINANCE (adopted out of order)
ADOPTED
ORDINANCE AMENDING CHAPTERS 2.08 & 2.28 MBMC PERTAINING
TO PREPARATION & RELEASE OF CITY COUNCIL & PLANNING
COMMISSION AGENDAS
01 -13 -92
01 -27 -92
413 ORDINANCE ACCEPTING COASTAL COMISSION CERTIFICATION W/
CONDITIONS & ADOPTION OF MINOR MODIFICATIONS TO LANGUAGE
OF LCP IMPLEMENTATION PLAN (ZONING ORDINANCE) AFFECTING
POINT MOTEL AREA OF LCP TO CONFORM TO COASTAL COMMISSION
CONDITIONS (CASE NO. LUP /GPA /ZOA 02 -90) 02 -24 -92
414 ORDINANCE AMENDING CHAPTERS 14.040.040 & 14.04.070 MBMC
ELIMINATING $100 THRESHOLD FOR BUILDING PERMITS &
ADOPTING UNIFORM ADMIN. CODE
415 ORDINANCE ANNOUNCING FINDINGS
CERTIFICATION WITH CONDITIONS
IMPLEMENTATION PLAN OF MB LCP
416 ORDINANCE AMENDING PROVISIONS
TO SEISMIC SAFETY PROGRAM FOR
IN EXISTING BUILDINGS
02 -24 -92
& ACCEPTING COASTAL COMM.
& ADOPTION OF AMENDMENTS TO
TO CONFORM TO MEASURE H - 02 -24 -92
OF TITLE 14 MBMC RELATING
REDUCING EARTHQUAKE HAZARD
03 -09 -92
417 ORDINANCE AMENDING ORD. 336,347,374,381, & §13.04.345.B
MBMC, DELETING CERTAIN WATER USE RESTRICTIONS IN LEVEL
2, MODERATELY RESTRICTED WATER SUPPLY CONDITIONS
418
419
420
VOID
VOID
03- 23 -92'
ORDINANCE REVISING ORD #116, 124, 259, 308, & CHAPTER 10.32
OF THE MBMC TO MODIFY THE STATE SPEED LIMIT ON CERTAIN
STREETS OR PORTIONS THEREOF 10 -12 -92
421 ORDINANCE ESTABLISHING POLICIES & PROCEDURES CONCERNING
CHILDCARE SERVICES
10 -12 -92
422 ORDINANCE AMENDING §13.20.070 OF THE MBMC, WATER EQUIVALENCY
TABLE, ADDING A CATEGORY FOR ELDERLY /HANDICAPPED APART-
MENTS OF 600 SQ.FT. OR LESS
10 -12 -92
423 ORDINANCE ANNOUNCING FINDINGS & ADOPTING AMENDMENTS TO
THE MBMC §13.20.080 B4, TO ALLOW BUSINESSES TO MORE
EASILY ESTABLISH WITHIN EXISTING COMMERCIAL AND INDUSTRIAL
STRUCTURES 10 -26 -92
424
VOID
425 ORDINANCE ADOPTING AMENDMENTS TO CORRECT AN ERROR IN LANGUAGE OF
ORDINANCE NO. 394 AMENDING THE MORRO BAY MUNICIPAL CODE CHAPTER
13.20.080 A, B.1, AND B.2 .
12 -14 -92
NO.
O R D I N A N C E S
1 9 9 3 / 94
TITLE ADOPTED
426 VOID
427 ORDINANCE TO'REPEAL CHAPTER 15.40 "VESSEL
HABITATION" OF THE MORRO BAY MUNICIPAL CODE
AND REPLACE WITH A REVISED CHAPTER 15.40
"VESSEL HABITATION"
428 ORDINANCE AMENDING ORDINANCE NO. 299 AND
CHAPTER 5.32 OF THE MORRO BAY MUNICIPAL
CODE, MOBILEHOME AND RECREATIONAL VEHICLE
PARK RENT STABILIZATION
429 ORDINANCE ADOPTING AMENDMENT TO TITLE 17
OF THE MORRO BAY MUNICIPAL CODE IN ORDER
TO COMPLY WITH MEASURE H, A CITIZENS
INITIATIVE
430 EMERGENCY ORDINANCE AMENDING A PORTION OF
SECTION 13.20 ALLOWING ON -SITE BANKING AND
TWO TO ONE RETROFIT OF COMMERCIAL AND
INDUSTRIAL PROPERTIES
431 ORDINANCE ADDING SECTION 10.28.230 TO THE
MORRO BAY MUNICIPAL CODE PERTAINING TO
ANGLE PARKING
03 -08 -93
03 -08 -93
04 -12 -93
04 -12 -93
05 -24 -93
432 ORDINANCE DELETING CHAPTER 5.20 FROM THE
MORRO BAY MUNICIPAL CODE 09 -27 -93
433 ORDINANCE AMENDING SECTION 13.20.100
REGARDING ALLOWING THE TRANSFERABILITY OF
WATER EQUIVALENCY UNIT CREDITS ON A
PROPERTY FROM AN EXISTING OWNER TO A
NEW PROPERTY OWNER 11 -08 -93
434 ORDINANCE AMENDING CHAPTER 7.16.040 RELATING
TO PROHIBITIONS OF PIGS, HOGS AND SWINE 01 -10 -94
435 ORDINANCE ADOPTING AMENDMENTS TO THE MORRO
BAY MUNICIPAL CODE CHAPTER 13.20.080 (B.1 & B.2) 02 -28 -94
436 ORDINANCE ADOPTING AMENDMENTS TO TITLE 12,
CHAPTER 12.08 OF THE MORRO BAY MUNICIPAL CODE 03 -28 -94
NO.
6
O R D I N A N C E S
1 9 9 4
TITLE ADOPTED
437 ORDINANCE OF THE CITY OF MORRO BAY AUTHORIZING
AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD
OF ADMINISTRATION OF THE PUBLIC EMPLOYEES'
RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE
CITY OF MORRO BAY
438 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MORRO BAY MAKING FINDINGS AND ADOPTING A
TROLLEY OPERTIONS AND MAINTENANCE FEE
439 VOID
440 ORDINANCE AMENDING CHAPTER 13.40 OF THE MORRO
BAY MUNICIPAL CODE TO ESTABLISH WATER RATE
SCHEDULE FOR LICENSED HEALTH CARE FACILITIES
05 -09 -94
05 -23 -94
07 -25 -94
NO.
O R D I N A N C E S
1 9 9 5
TITLE ADOPTED
441 ORDINANCE AMENDING MBMC SECTION 8.16.190
CHANGING SOLID WASTE COLLECTION TIMES TO
7:00 A.M. THROUGH 7:00 P.M. MONDAY THROUGH
SUNDAY, THROUGHOUT THE CITY
442 ORDINANCE AMENDING CHAPTER 2.24, RECREATION
AND PARKS; CHAPTER 2.28, PLANNING COMMISSION;
AND CHAPTER 15.48, HARBOR ADVISORY BOARD, OF
THE MORRO BAY MUNICIPAL CODE
443 ORDINANCE RESCINDING ORDINANCE NO. 421, AND
APPROVING AMENDMENTS 1) TO THE ZONING ORD.
MAP FOR CERTAIN PROPERTIES LOCATED AT THE
NORTHEAST CORNER OF MORRO BAY BLVD. AND
QUINTANA RD. FROM C -2 (S.4) SERVICE COMMERCIAL
TO C -1 (S.4) DISTRICT COMMERCIAL; AND 2)
APPROVING AMENDMENTS TO THE ZONING ORD. TEXT
ESTABLISHING CITY POLICIES AND PROCEDURES
CONCERNING CHILD CARE SERVICES IN MORRO BAY
444 ORDINANCE ADDING CHAPTER 3.40 TO TITLE 3 OF
THE MUNICIPAL CODE, AUTHORIZING A PROGRAM FOR
THE COST RECOVERY OF POLICE, FIRE, HARBOR, OR
OTHER CITY DEPARTMENTS RESPONSE TO SPECIFIC
INCIDENTS DUE TO THE NEGLIGENT OR INTENTIONAL
WRONGFUL ACTS OF AN INDIVIDUAL, INCLUDING THE
ENFORCEMENT OF STATUTES IN EMERGENCY RESPONSE
COSTS RELATED TO INCIDENTS CAUSED BY DRUNK OR
RECKLESS DRIVERS
445 ORDINANCE ADOPTING AMENDMENTS TO TITLE 17 OF
THE MORRO BAY MUNICIPAL CODE INCLUDING THE
ZONING ORDINANCE TEXT AND MAP, NORTH MAIN STREET
AND BEACH STREET SPECIFIC PLANS
446 ORDINANCE ADOPTING TRIP REDUCTION MEASURES IN
ACCORDANCE WITH STATE GOVERNMENT CODE SECTIONS
65089 and 65089.3
447 AMENDING ORDINANCE NO. 9, ORDINANCE NO. 429 AND
MORRO BAY MUNICIPAL CODE SECTIONS 10.04.030 AND
10.32.010 MODIFYING THE BOUNDARIES OF THE
"CENTRAL TRAFFIC DISTRICT"
01 -23 -95
02 -14 -95
4 -24 -95
7 -10 -95
9 -25 -95
11 -13 -95
11 -13 -95
DAkLAAA fos. — ItIs.9
0-4 `t-a`i `i ( 4.fl3o ova:
4t-° -
• •
ORDINANCE NO. 447
AN ORDINANCE OF THE CITY OF MORRO BAY AMENDING ORDINANCE NO. 9,
ORDINANCE NO. 429 AND MORRO BAY MUNICIPAL CODE SECTIONS 10.04.030
AND 10.32.010 MODIFYING THE BOUNDARIES OF THE
"CENTRAL TRAFFIC DISTRICT"
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, by Ordinance No. 9, the City Council, City of Morro Bay did establish the
definition and boundaries of the "central traffic district ", codified in Section 10.04.030 of the Morro
Bay Municipal Code; and
WHEREAS, by Ordinance No. 420, the City Council, City of Morro Bay did establish a
speed limit along Quintana Road: Main Street to Morro Bay Boulevard, codified in Section 10.32.010
of the Morro Bay Municipal Code; and
WHEREAS, it is appropriate to modify the boundaries of the central traffic district to reflect
geographic development of the business community; and
WHEREAS, commercial development along Quintana Road between Morro Bay Boulevard
and Kennedy Way now warrants inclusion in the central traffic district.
NOW, THEREFORE, BE IT ORDAINED by the City Council, City of Morro Bay as
follows:
I. In accordance with Government Code Section 36937 the City Council does make each and
all of the listed findings and statements set forth above.
H. Ordinance No. 9, Ordinance No. 420, and Morro Bay Municipal Code Sections 10.04.030
and 10.32.010 are hereby amended as follows:
A. Morro Bay Municipal Code Section 10.04.030 Central Traffic District is herewith
amended to read as follows:
"Central Traffic District" tuc vlb includes all streets or portions of streets within
the area bounded by the following streets: Bounded on the south by Pacific Street,
on the north by Beach Street.Main Street and Quintana Road,on the west by the
Embarcadero and Front Street and on the east by Kern Avenue, Morro Bav
Boulevard and Quintana Road. Central Traffic District means "business district" as
defined in the Vehicle Code of the state.
• •
ORDINANCE NO. 447
PAGE 2
B. A portion of Morro Bay Municipal Code Section 10.32.010 is herewith amended
to read as follows:
Quintana Road: Main Street to u md Kennedy Way 35
INTRODUCED at the regular meeting of the City Council of Morro Bay held on the
23rd day of October, 1995 by motion of Councilmember Crotzer and seconded by Councilmember
Unger.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at the
regular meeting thereof held on the 13th day of November, 1995 by the following roll call vote:
AXES: Anderson, Crotzer, Novak, Unger
NOES: None
ABSENT: Yates
ABSTAIN: None
ATTEST:
1 /
Bridgett Ba , City Clerk
APPROVED AS TO FORM:
David Hunt, City Atto
AN ORDINANCE OF THE CITY OF MORRO BAY
ADOPTING TRIP REDUCTION MEASURES IN ACCORDANCE WITH
STATE GOVERNMENT CODE SECTIONS 65089 AND 65089.3
WHEREAS, in June 1990 California voters passed Proposition 111 which increased the gas
tax and created Congestion Management Agencies with certain requirements for receiving increased
transportation revenues; and,
WHEREAS, the San Luis Obispo Council of Governments (SLOCOG) was designated the
Congestion Management Agency and required to develop a Congestion Management Program
(CMP) including a Trip Reduction and Travel Demand Element; and
WHEREAS, the Trip Reduction and Travel Demand Element must promote alternative
transportation methods, such as carpools, vanpools, transit bicycles, walking, park -and -ride lots,
parking management programs; and,
WHEREAS, the County and every city in the county is required by state law to adopt a
Transportation Demand Management (TDM) Ordinance as an important element of the Congestion
Management Program to improve both congestion and air quality; and,
WHEREAS, SLOCOG must annually determine whether the County and Cities within the
County are conforming to the CMP, including the requirement to adopt and implement a TDM
Ordinance; and,
WHEREAS, the adopted CMP for the San Luis Obispo region allows each jurisdiction to
ratify an existing Employer -based Trip Reduction Ordinance adopted by the Air Pollution Control
District (APCD) to comply with the provisions of the Congestion Management Program; and,
WHEREAS, this ordinance is intended to comply with the CMP's requirements for a TDM
Ordinance; and,
WHEREAS, the APCD adopted an employer -based trip reduction rule known as Rule 901
on May 24, 1995; and,
WHEREAS, the requirements of the APCD (Rule 901) Trip Reduction Ordinance are
separate from this ordinance, and fully administered by the Air District; and
WHEREAS, current State legislation will become effective January 1, 1996 which would
nullify the provisions of Rule 901.
NOW THEREFORE, the City Council of the City of Morro Bay ordains as follows: The
provisions of Rule 901, as adopted by the Air Pollution Control District on May 24, 1995, a copy
of which is attached hereto and incorporated by reference as Exhibit A, shall hereby become an
ordinance of this jurisdiction. This ordinance will be in effect until such time as new State
legislation nullifies Rule 901, in such case this ordinance will become null and void by the operation
of law.
INTRODUCED AND FIRST READ, at a regular meeting of the City Council of Morro Bay, held
on the 23rd day of October, 1995, by motion of Councilmember Unger, and seconded by
Councilmember Crotzer,
PASSED AND ADOPTED, on the 13th day of November 1995 by the following vote to wit:
AYES: Anderson, Crotzer, Novak, Unger
NOES: None
ABSENT: Yates
AHIVAWAKEUNGER,
ATTEST:
City Clerk
APPROVED AS TO FORM
David Hunt, City
U�
RULE 901. COMMUTE ALTERNATIVES RULE
A. PURPOSE
The purpose of this rule is to improve ambient air quality by reducing jr emissions that result
from employee commute trips, and trips attracted to worksites with 100 or more employees.
B. APPLICABILITY
The rule applies to all public and private employers with 100 or more employees. The effective dates
for determining progress toward achieving average vehicle ridership (AVR) goals are given in Table
1:
C. DEFINITIONS
For the purpose of this Rule, the following definitions apply:
AIR POLLUTION CONTROL OFFICER (APCD): The Air Pollution Control Officer of the San Luis
Obispo County Air Pollution Control District (District) or the designee thereof.
APCD HEARING BOARD: Five member Board appointed by the Air Pollution Control Board of San
Luis Obispo County pursuant to Division 26, Part 1, Chapter 8, Article 1, of the California Health and
Safety Code with the powers and duties prescribed for Hearing Boards in Chapter 8, Division 26, of
the California Health and Safety Code,
APPLICABLE EMPLOYEE POPULATION: The applicable employee population is all employees who
report to a worksite weekdays between 6:00 a.m. and 10:00 a.m, and all employees who are
telecommuting (i.e. working from home or a telecommuting center) or who have a scheduled day off
during the week as part of a compressed work week schedule.
AVERAGE VEHICLE RIDERSHIP CALCULATIONS: AVR for worksite(s) shall be calculated by
dividing the number of employee days summed over the survey week by the number of vehicle trips
summed over the survey week.
San Luis Obispo County APCD 1 Proposed Rule 901 (3-29-95)
L d,
ATTRACTED VEHICLE TRIP: Any vehicle trip, other than an employee vehicle trip, attracted to the
site by the nature of that site's business. These may include: shopping, medical, business meetings,
church, etc.
BUSPOOL: A vehicle occupied by sixteen (16) or more people traveling together between their
residence and their worksite or other destination. Employees who work for different employers, as well
as non -employed people, are included within this definition.
CARPOOL: A vehicle occupied by two (2) to six (6) people traveling together between their residence
and their worksite or other destination. Employees who work for different employers, as well non -
employed people, are included within this definition.
COMMUTE ALTERNATIVES: Rideshare modes and other trip reduction options for reducing
employee commute trips, including, but not limited to: carpools, vanpools, public transit, buspools,
commuter shuttle, bicycling, walking, compressed work weeks, telecommuting, or other alternatives as
approved by the APCO.
COMl�1iJTE TRIP: The trip made by an employee from home to the work site. The commute trip may
include stops between home and the worksite.
COMPRESSED WORK WEEK: A regular full-time work schedule that eliminates at least one round-
trip commute trip (both home -to -work and work -to -home) at least once every two (2) weeks. Examples
include, but are not limited to, working three twelve hour days (3/36) or four ten-hour days (4/40)
within a one week period; or eight nine -hour days and one eight hour day (9/80) within a two week
period.
DISABLED EMPLOYEE: An employee with a physical impairment that prevents the employee from
traveling to the work site by meads other that asingle-occupant vehicle, and who has been issued a
disabled person placard or plate from the Department of Motor Vehicles.
EMPLOYEE: Any person employed by a person(s), firm, business, educational institution, non-profit
agency, or corporation, government or other entity. The term excludes the following as defined else
where in this rule: seasonal employees; temporary employees; volunteers; field personnel; and field
construction workers.
EMPLOYEE DAY: Eacli day of the survey week that an employee starts to work during the peak
period. Notes: Employees telecommuting or who are off due to a compressed work week schedule
are counted toward the total employee days. Employees on vacation, sick leave, jury duty, or other
time off, and employees reporting to a different worksite or an off -site work related activity are not
counted toward the total employee days.
EMPLOYEE TRANSPORTATION COORDINATOR (ETC): An employee, other individual, or entity,
appointed by an employer to develop, market, administer, and monitor the Employer Trip Reduction
Plan oil a full or part time basis.
EMPLOYER: Employer means any person(s), firm, business, educational institution, government
agency, non-profit agency or corporation, or other entity that employs persons. Several subsidiaries or
units that occupy the same worksite and report to a common governing board or governing entity or
that function as one corporate unit are considered to be one employer.
�r
FIELD AGRICULTURAL WORKER: An employee who reports for work to a temporary field
agricultural site.
FIELD CONSTRUCTION WORKER: An employee who reports directly to work at a construction
site.
FIELD PERSONNEL: Employees who spend 20% or less of their work time at the work site and who
do not report to the work site during the peak period for pick-up and dispatch of an employer -provided
vehicle.
INDEPENDENT CONTRACTOR: An individual who enters into a direct written contract or agreement
i
wth an employer to perform certain services. The period of the contract or agreement is at least ninety
(90) continuous days, or is open-ended.
MULTI -SITE EMPLOYER: Any affected employer who has more than one worksite where at least
50 or more employees report.
MULTI -TENANT WORKSITE: Any commercial building, industrial park, shopping center, or mixed
use development whether in separate or common ownership, which contains more than one employer
as determined by the APCO.
NOTICE TO REGISTER: A notice, sent by the District to atl .employers that have been identified as
potentially subject to this rule. The notice will request information that will allow the District to
determine if the employer will be required to comply with this rule.
PEAK PERIOD: 6:00 A.M. through 10:00 a.m., Monday through Friday, inclusive.
RIDESHARING: A cooperative effort of two or more people traveling together for the purpose of
eliminating a vehicle trip. Utilization of carpools, vanpools, buspools, taxipools, and public
transportation are all forms of ridesharing.
SEASONAL EMPLOYEE: A person who is employed for less than a continuous. ninety (90) day
period.
TELECOMMUTING: A system of working at home, off site, or at a telecommuting center, for a full
workday that eliminates the trip to work or reduces travel distance by 50% or more.
TEMPORARY EMPLOYEE: Any person employed for less than 90 days, or by an employment
service that reports to a worksite other than the employment service worksite under a contractual
arrangement with the temporary employer.
TRANSPORTATION MANAGEMENT ASSOCIATION (TMA): A TMA provides commute
alternatives program support or management to its members. TMA's generally operate within a defined
geographic area (industrial park, multiAenant office building, central business district, shopping center,
etc.). TMA's operate as not -for -profit associations and are cooperatively managed by the members,
managed by a director appointed by the association members, or, at a multi -tenant worksite, may be
managed by on -site building management. After receiving APCO approval, a TMA may be permitted
to represent its members in the development and implementation of a trip reduction plan. Members
may be allowed full or partial trip reduction credit for purchasing services from the TMA/TMO, upon
approval of the APCO. A partial list of services a TMA may offer includes:
San Luis Obispo County APCD 3 Proposed Rule 001 (3-29-95)
1. AVR survey and calculation services
20 trip reduction plan development, implementation, marketing and administration
3, emergency/guaranteed ride home service
46 vanpool program
5* carpool matching service
68 incentive program
7, trip reduction plan library
86 child-care or child-care referral services
90 any other services the members may designate
TRANSPORTATION MANAGEMENT ORGANIZATION (TMO): A TMO is a for profit, private
enterprise providing all of the services included in the TMA definition above. A TMO would not be
confined to a single geographic area but could solicit business throughout the county and could do
business with one employer or a group of employers in an area.
TRIP REDUCTION PLAN (TRP): A TRP is a document submitted to the APCO for review and
approval which details trip reduction options and supporting strategies, the implementation schedule and
budget the employer will use to achieve the reduction in single occupant vehicle trips required to meet
the AVR goals established by the District.
VANPOOL: A vehicle occupied by seven (7) to fifteen (15) people traveling together between their
residence and their worksite or destination for the majority of the total trip distance. Employees who
work for different employers, as well as non -employed people are included within this definition as long
as they are in the vehicle for the majority of the total trip distance.
VEHICLE/EMPLOYEE RATIO (VER): VER is the number of vehicles used by employees who report
to the work site from 6:00 a.m. to 10:00 a.m., Monday through Friday, divided by the number of those
employees averaged over the survey week, as calculated from data gathered from the AVR Survey.
VER is the reciprocal of AVR. The District will accept AVR calculated by this method.
VEHICLE TRIP: A vehicle trip is based on the means of transportation used for the greatest distance
of an employee's home -to -work commute trip for employees who start work during the peak period.
Each vehicle trip to the worksite shall be calculated as shown in Table 2:
Sari Luis Obispo County APCD 4 Proposed Rule 90l (3-29-95)
Table 2
Single -occupant vehicle
Motorcycle, moped, motorized scooter, or
motor bike
Carpool
Vanpool
Public Transit
Buspool
Walking and other non -motorized
transportation modes
Telecommuting
Compressed Work Schedule
1 vehicle trip
1 vehicle trip
1 vehicle trip divided by the number of
people in the carpool
1 vehicle trip divided by the number of
people in the vanpool
0 vehicle trip
0 vehicle trip
0 vehicle trip
0 vehicle trip on days employee
telecommutes for the entire day
0 vehicle trip on employee's compressed
days) off
(I Zero Emission Vehicle (ZEV) � 0 vehicle trip II
VOLUNTEER: A person who does not receive any wages for work activity at the work site.
WORKSITE: A structure, building, portion of a building, or grouping of buildings that are in actual
physical contact or separated solely by a private or public roadway or other private or public right-of-
way, and that are occupied by the same employer.
WORKSITE EMPLOYEE THRESHOLD: 100 employees at a single worksite, on an average daily
basis, fora 90-day period provided at least 50 employees are normally scheduled to report to the
worksite on a daily basis during the peak commute period.
D. ADMINISTRATIVE REQUIREMENTS
Requirements for All Employers of 100 or More Employees
All employers of 100 or more employees shall comply with the following minimum
administrative requirements:
a. Respond to the Notice to Register which shall be sent or delivered to the employer,
provide all information requested, and return that information within 20 business days
of receiving the Notice.
San Luis Obispo County APCD 5 Proposed Racle 901 (3-29-95)
All employers of 100 or more employees with 50 or more employees reporting to the worksite
within the peak period must also complete the following requirements:
b. Appoint an employee to act as Employee Transportation Coordinator (ETC). That
employee will and send that employee to District sponsored ETC training.
c. Conduct an annual A_ verage Vehicle Ridership (AVR) survey in accordance with the
schedule in Table 1. (Surveys are to be conducted using the methodologies described
in Section G below and the results submitted to the District for review.)
Requirements for Emplovers Who Achieve AVR Targets in Table 1
Employers who achieve the applicable AVR target shown in Table 1 shall be notified by the
District that they have no additional requirements, beyond maintenance of their existing
program, until the next scheduled AVR survey.
Requirements for Emplovers Who Fail to Achieve AVR Targets in Tabte 1
Employers who fail to meet the applicable AVR targets in Table 1 will be required to develop
a trip reduction plan designed to achieve the AVR target for the upcoming year, and submit the
plan to the District for review and approval. Trip reduction plans shall be prepared according
to the following process:
a. After the District reviews the AVR survey results, affected employers will receive a
Plan Preparation Notice stating the requirement to prepare and submit a trip reduction
plan to the District.
b. Employers shall develop and submit the plan to the District within 90 days of the date
of receipt of the Plan Preparation Notice. Plan forms will be provided by the District.
c. The District will evaluate the plan based on its consistency with employee responses
to the AVR survey, financial commitment to implementing appropriate supporting
strategies, and staff commitment to marketing the trip plan to employees.
d. The employer shall implement all trip reduction options and supporting strategies
committed to in the approved trip reduction plan.
e. The employer shall conduct the next scheduled AVR survey as shown in Table 1 and
submit the results to the District for review.
E. VOLUNTARY PARTICIPATION PROGRAM
This rule applies to all employers of 100 or more employees. However, all of the supporting services,
training, and materials associated with this rule are applicable and available to employers of fewer than
100 employees, as well as multi -tenant worksites and other types of development. To encourage
voluntary participation in the program by smaller employers, multi -tenant worksites, and other
employment situations the District will implement the following:
1. Develop outreach programs to encourage employers of fewer than 100 employees, and multi -
tenant worksites, to participate in the annual AVR survey, and develop a commute alternatives
program.
2. Provide ETC training, AVR survey processing, consultation on program development, and
participation in the District's ETC network will be offered at no charge to all participants.
3. Encourage participation in the trip trading program described in Section F.
an guts ubtspo County APCD 6 Proposed Rttle
�r
4. Work cooperatively with TMA's and the Rideshare Office to provide a broader base of
assistance to employers in developing and implementing an effective program.
The District will develop a program which allows Trip Reduction Credits (TRCs) to be earned by
businesses that have exceeded the applicable AVR goal. Employers not affected by this rule may
participate in the TRC program, provided they comply with all the requirements for affected employers
listed below.
1. Businesses can apply for, and earn, one TRC for each trip reduced beyond those required to
achieve the applicable AVR goal. Each TRC will have a life span of one year from the date
the APCD issues the TRC Certificate.
2. Businesses of 100 or more employees, that purchase TRCs, can use them on a 1-for-1 basis to
lower the number of employee commute trips they would otherwise have to reduce to achieve
their applicable AVR goal for a given year.
3. TRCs issued by the District can be bought and sold on an open market by all participants in
the Commute Alternatives Program, but all transactions, as described in Section F.2, must be
approved by the District.
TRC Applicant Responsibilities:
a. The Applicant must conduct a Verifiable AVR Survey as described in Section C
(Definitions). The AVR survey methodology used by the Applicant must be verified
by the APCD. The number of TRCs earned by the Applicant will be determined by
the APCD through review of the verified survey results.
b. Any employer requesting to bank TRCs earned shall enter into an agreement with the
APCD to maintain its Commute Alternative Program for the life of the TRC. If the
employer terminates the Commute Alternative program prior to the expiration date of
the earned TRCs, said TRCs shall cease to have value. The employer shall reimburse
all purchasers of said TRCs the pro -rated purchase price of the voided TRCs, and the
TRCs will be cancelled.
c. Employers with less than 100 employees who voluntarily participate in the Commute
Alternatives Program and who earn and sell TRCs, shall comply with all program
requirements as they apply to regulated employers.
TRC Purchaser's Responsibilities:
a. Employers who do not meet the applicable AVR goal (as shown in Table 1) may
purchase TRCs to offset all or part of the trip reduction strategies they would otherwise
have to implement to reach their AVR target. The Buyer's Commute Alternatives Plan
must provide details on the amount of the TRCs purchased, the seller, the life span of
the TRCs, and whatever supplemental strategies, if any, are to be implemented by the
buyer. The Buyer shall maintain the approved program for the life of the TRCs
purchased.
b. An employer who has purchased TRCs from a company that discontinues its CAR
program prior to the expiration date of the TRCs, shall be notified by the APCD that
such TRCs are null and void. Within 30 days of receiving such notice, the Buyer shall
consult with APCD staff to determine if additional trip reduction options and
San Luis Obispo County APCD 7 Proposed Rule 901 (3-29-95)
d
supporting strategies must be implemented to meet the applicable AVR target. The
buyer shall be reimbursed by the seller the pro -rated amount of purchase for voided
TRCs.
APCD's Responsibilities:
APCD will be responsible for general oversight of the Trip Trading Market, including
determination of credits earned and banked by applicants for TRCs.
a. The APCD will act as "banker" for the Commute Trip Trading Market, tracking TRC's
as they are earned, sold/bought, expended or expired.
b. The APCD shall receive and maintain records of all TRC transactions, including
issuance of the TRC Certificates for each transaction.
c. The APCD shall publish a list each quarter of TRCs bought and sold the previous
quarter, and the amount of TRCs still available on the open market.
d. APCD will provide TRC Applicants and Buyers with technical expertise in all phases
of the Commute Trip Trading Market,
G. SURVEY REPORTING REQUIREMENTS
Employers must conduct an annual, verifiable Average Vehicle Ridership Survey to establish whether
the performance objectives stated in Table 1 have been achieved. The employee AVR Survey must
be conducted not more than 120 days prior to the applicable survey or plan submittal deadline, but must
be completed at least 60 days prior to the deadline. To the extent possible, surveying should not be
conducted during the period from mid -June to mid -September, during Rideshare Week,.or during the
period between Thanksgiving and New Years Day.
AVR for the worksite(s) shall be calculated by dividing the number of employee days summed over
the survey week by the number of vehicle trips summed over the survey week. The AVR calculation
requires that a five -consecutive -weekday average be used. An averaging period shall be selected which
does not contain a holiday. The sum of the applicable employee population each weekday in the
selected averaging period is divided by the total number of vehicles driven by these employees to the
worksite during the same averaging period. Employers with multiple worksites may, after receiving
approval from the APCD, opt to calculate AVR as a combined average of the AVR of each worksite.
In exercising this option the employer must insure that the criteria for conducting the Verifiable AVR
Survey is met.
The AVR survey will utilize a survey control sheet which identifies: all employees who report within
the survey window; all employees who received a survey form; all employees who returned a survey
form; and, an explanation for each survey form not returned. This data will be used to verify employee
participation and survey response rate.
In submitting the results of the completed survey to the District within the required time frame, the
Employer shall identify the sampling method used (Applicable Employee Population or Random
Sample) and provide a tally showing the survey response rate, including the number of surveys
distributed, the number of surveys completed and returned, and the number of non -respondents. Both
the Applicable Employee Population Survey, and Random Sample Survey methodologies prepared by
the APCD, and described in detail in the Employee Transportation Coordinator (ETC) Handbook.
Snn Luis Obispo County APCD 8 Proposed Rule 901 (3-29-95)
H. RECORDKEEPING
Employers affected by this rule shall maintain and retain records, files and documentation to establish
compliance. Retention of such documentation shall occur for not less than three (3) years from the date
of initial Notice to Register date, or the adoption date of the most current trip reduction plan. This
documentation shall be made available for audit and inspection as described in Section I (Audits).
I. AUDITS
The District may audit the records of any regulated employer, or business selling and/or buying trips
on the Trip Trading Market, to verify employment, AVR, plan implementation or provision of any
measure in an approved plan.
J. DELEGATION TO LOCAL JURISDICTIONS
Rule 901 may be implemented by employers and at multi -tenant worksites through a locally adopted
commute alternatives ordinance. Local jurisdictions maybe delegated responsibility for implementation
of this rule by the APCO if the following criteria are met:
1. The local jurisdiction submits a plan to the APCO that demonstrates adequate resources to
adopt, implement, monitor, and enforce an employer -based commute alternatives ordinance, and
the District approves the plan.
2. The local jurisdiction adopts a commute alternatives ordinance that includes, at a minimum, all
provisions contained in this rule.
3. The local jurisdiction's commute alternatives ordinance includes provisions to submit annual
progress reports to the APCO containing the following information:
a. list of employers, multi -tenant worksites, and others subject to the local ordinance.
b. summary of results of all AVR surveys.
c. number of employer plans required and the number of plans approved/disapproved.
d. total costs of program and average cost per employee.
e. number and type of enforcement actions during preceding year.
f. anticipated program modifications for the coming year.
A local jurisdiction, in lieu of meeting the above requirements, may provide a demonstration that the
final year 2000 performance objectives are currently achieved on an aggregate basis for all applicable
work sites within its jurisdiction. Such demonstration must utilize methodology approved by the APCO
and a commitment and plan to repeat the demonstration once every three (3) years.
Failure of the local jurisdiction to comply with the requirements of this section may result in
suspension, or revocation of District delegated authority.
K. EXEMPTIONS
Any employer subject to a local ordinance which requires the provision of trip reduction measures by
that employer is eligible for exemption from the requirements of this Rule.
San Luis Obispo County APCD 9 Proposed Racle 901 (3-29-95)
,, v
1. The APCO shall determine if the requirements of a local ordinance are at least as effective as
this rule in increasing AVR at the employer's worksite, and shall notify employers in the
jurisdictions in which such ordinances have been adopted.
2. In the event that the local ordinance under which the employer qualified for exemption is
amended so that it is no longer as effective as this Rule in increasing AVR, or in the event that
the local ordinance under which the employer qualified for the exemption is rescinded, the
exemption is void. The APCO shall notify the employer that the exemption is void and the
employer must submit a plan to the APCO which meets the requirements of this rule within 120
calendar days of the date of receipt of the notification of the voided exemption.
L. ALTERNATIVE COMPLIANCE OPTION
At the option of the employer, the Commute Alternatives Plan may include an alternative emission
reduction program that demonstrates that the measures included in such program will achieve emission
reductions equal to or greater than those that would have been realized if the performance objectives
were achieved, and that these alternative measures are not required by any other federal, State, or local
control measure or regulatory requirement. Such an alternative emission reduction program shall
include an update or progress monitoring report to be submitted at least every two years.
M. COMPLIANCE CRITERIA
If the employer complies with all provisions of Rule 901, and fully implements all measures of an
approved commute alternatives plan, and still fails to meet the AVR targets in Table 1, such failure is
not a violation of this Rule. District staff will provide assistance and expertise to affected employers
on program development, administration, and monitoring. The focus of District support will be on
corrective action and prevention of potential non-compliance situations to help employers remain in
compliance with this rule. There will be six separate and distinct criteria for judging compliance with
this rule:
1. Timely and accurate response to the Notice to Register and Notice of Plan Preparation.
2. Appointment of an Employee Transportation Coordinator or an APCO-approved alternate.
3. Conducting an annual, verifiable AVR Survey to monitor progress toward the applicable AVR
target, and submitting the results to the APCO within the required time frame.
4. Full implementation of all trip reduction options and strategies described in the approved
commute alternatives plan (if applicable).
5. Making available for audit and/or inspection by the APCO or his designee, upon request,
evidence or supporting documentation pertaining to all trip reduction options and supporting
strategies and activities implemented at a given worksite.
6. Timely reporting of all required information to the APCO.
N. VIOLATION
Failure to comply with an}� provision of this rule constitutes a violation of this rule, except if the
employer complies with all applicable requirements and fails to meet the AVR performance objective,
such failure shall not constitute a violation. Employers of fewer than 100 employees, who participate
voluntarily in the Commute Alternatives Program, and who do tot intend to sell TRC's on the Trip
Trading Market, are exempt the provisions of this rule.
s Ubzspo (.'ouuty AE'(;U 10 Proposed Rule 901 (3-
O. PENALTIES
Facilities found to be not in compliance with this rule will be given the opportunity to come into
compliance before issuance of a Notice of Violation (NOV) or other enforcement action by the District.
When it is determined that a business is in non-compliance, a letter from the APCD will be sent to the
employer describing the deficiency, suggested corrective action to be taken, and recommended measures
to prevent further occurrences. The employer will have thirty (30) days from receipt of the letter to
respond in writing describing the circumstances of the situation, that the deficiency has been corrected,
or to describe any extenuating circumstances preventing correction of the deficiency. If the deficiency
remains after the prescribed time period, and if agreement on appropriate action has not been reached,
a Notice of Violation may be issued. If an NOV is issued for a deficiency, then the Penalty Schedule
shall apply.
P. FEES
There will be no fling fees for the initial submission and APCD review of Commute Alternatives Plans.
There will also be no fee for resubmitting a plan that has been revised to reflect District comments on
the initial submission. There will be a $200.00 filing fee charged for each subsequent resubmittal
required if the first revision to the trip reduction plan is disapproved by the District.
Q. EMPLOYEE NOTIFICATION
An employer shall facilitate the participation of employees and employee organizations in the
development and implementation of Commute Alternatives Programs by providing the following
information to its employees at the times specified below:
1. Information explaining the requirements and applicability of this rule to the employer and its
worksite(s) within 30 days of responding to the Notice to Register. This information will be
provided by the APCO as part of the Notice To Register packet.
2. The content of the proposed commute options, supporting strategies, and implementation
schedule of the Commute Alternatives Plan, if required, at least 30 calendar days prior
submitting the Plan to the APCD.
3. Identification of the Employee Transportation Coordinator (ETC) and/or the Employer Program
Manager within the organization to whom comments and suggestions can be submitted and
questions addressed.
4. Notification may be provided through employee bulletins, notices posted on bulletin boards,
articles in any newsletter generally circulated or provided to employees, or any other reasonable
means to assure that employees have adequate opportunity for input in the development of the
commute alternatives options and strategies, and are informed about the full range of such
options and strategies available at the worksite.
R. COLLECTIVE BARGAINING DISCLAIMER
Nothing contained in this rule shall be construed to abrogate any existing collective bargaining
agreements) between the employer and employees.
San Luis Obispo County APCD 1 1 Proposed Rule 901 (3-29-95)
ORDINANCE NO.445
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ANNOUNCING
FINDINGS AND ADOPTING AMENDMENTS TO TITLE 17
OF THE MORRO BAY MUNICIPAL CODE INCLUDING THE ZONING ORDINANCE TEXT AND
MAP, NORTH MAIN STREET AND BEACH STREET SPECIFIC PLANS
THE CITY COUNCIL.
City of Morro Bay, California
CASE NO. .ZOA OS-91
SECTION 1
WHEREAS, The Planning Commission of the City of Morro Bay, on May 16, 1994, by adoption of
Resolution 01-94, after duly noticed PUBLIC HEARINGS, did make recommendations to the City Council
for approval of amendments to the Land Use Map of the General Plan and Local Coastal Plan, Zoning
Ordinance Text and Map; and the North Main Street and Beach Street Specific Plans; and
WHEREAS, The City Council held duly noticed PUBLIC HEARINGS to consider the
amendments, and on May 22, 1995 tentatively approved the amendments with additional modifications, and
referred those modifications made back to the Planning Commission for review and recommendation; and
WHEREAS, The Planning Commission held duly noticed PUBLIC HEARINGS to review the
modifications made by the City Council to the text and map amendments; and
WHEREAS, on the 7t1,% day of August, 1995, the Planning Commission did by adoption of
Resolution 02-95 make final recommendations to the City Council; and
WHEREAS, on the Ilth day of September, 1995, the City Council did hold a duly noticed
PUBLIC HEARING, to consider the amendments to the Zoning Ordinance Text and Map; and the North
Main Street and Beach Street Specific Plans, including the final recommendations by the Planning
Commission; and
WHEREAS, the Environmental Coordinator determined that the California Coastal Commission is
the lead Agency for Local Coastal Plan Amendments for the purposes of the California Environmental
Quality Act; and
WHEREAS, following the hearing, and consideration of the testimony of all persons written and
oral, the City Council approved the amendments based upon the following findings:
1. The proposed amendments are consistent with the intent of the State Coastal Act; and
2. The proposed amendments are consistent with the General Plan and Local Coastal Program Land Use
Plan; and
3. The proposed amendments clarify the intent of the Zoning Ordinance, General Plan and Local Coastal
Program Land Use Plan.
4. The proposed map amendments provide broader range of uses for certain properties; establish the
Environmentally Sensitive Habitat (ESH) Area as an Overlay Zone, providing base zone districts to
the previous ESH Zone Districts where applicable, and provide consistency with the Zoning
Ordinance, General Plan and Local Coastal Program Land Use Plan Maps.
Ordinance No. 445
Page Two
NOW, THEREFORE, the City Council of the Clty of Morro Bay, California, DOES ORDAIN as follows:
SECTION @The Zoning Map is amended as shown in Attachment 1, attached hereto and made a part of this
ordinance.
SECTION 3: Chapter 17 of the Municipal Code (Zoning Ordinance) is amended as shown in Attachment 2,
attached hereto and made a part of this ordinance.
SECTION 4: To implement the amendments adopted herein the City Council of the City of Morro bay,
California, hereby directs as follows:
1. This Ordinance adopting the zoning map and text amendments shall be transmitted promptly to the
California Coastal Commission with the request that the Commission certify the amendments; and
2. The City of Morro Bay hereby finds that the Local Coastal Program Implementation Program
(zoning) Amendments are in compliance with the intent, objectives, and policies of the California
Coastal Act and that the City will carry out the Local Coastal Program, including these amendments
in a manner fully consistent with the California Coastal Act and all its provisions; and
3. These amendments shall take effect immediately and automatically upon certification.
Introduced at a regular meeting of the City Council of Morro Bay, held on the 11 th day of September,
1995, by motion of Councilmember Novak ,and seconded by
Councilmember Anderson
PASSED, AND ADOPTED, on the 25th day of September , 1995 by the following
vote to wit:
AYES: Anderson, Crotzer, Novak, Unger, Yates
NOES: None
ABSENT: None
ATTEST:
BRIDGETT�$AUER, City Clerk
APPROVED AS.TO FORM:
DAVID R. HUNT, City Attorney
CITY COUNCIL
ORDINANCE NU O "i
LOCAL COASTAL PLAN IMPLEMENTATION DOCLNT
TITLE 17 - ZONING ORDINANCE
ATTACH[N�NTS
BY PLANNING COMMISSION
,TUNE 19, 1995 to AUGUST 7, 1995
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Current Zoning : ESH
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Current GP StI.CP : M.U.E
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Current Zoning : G-O (S.4)
Proposed Zoning CA (S.4)
ZOA 05-91; LCP/GPA 03-93
August 28, 1995 City Council
MAPS
Area 5:
A. to
2.
Re -zone a portion of the block between Sunset and Hill along north side of
Highway 41 from R4/PD to C-l/&2 (SP). This recommendation is Map
Exhibit Area 5 (3a).
Redesignate at; Area 5(3a) from High Density Residential to Mixed Use
Area `F on the General Plan/ Coastal Land Use Map.
Be Re -zone the R-1 portion of two properties that are currently split -zoned R-1 and W
1 (PD/1) to M-1 (PD-1). This recommendation is Map Exhibit Area 5 (2b).
Area 9.
A, It Add C-2 zoning distict designation to current C-1 designation to expand
commercial uses allowed.
2. Redesignate Map Area 8 from District Commercial to Mixed Use Area `F'
on the General Plan/ Coastal Land Use Map.
Area 11:
A, Rezone Map Area 11 from CNS (S.3/S.4) to CNS/R-2 (s.3/S.4).
�7
Options 3 a&b
r000sed c�ranQes are u
5 Current GP&lCP :High Density
proposed GP&LCP *Law Density
Grrrent Zoning : R.4 (PO)
proposed Zoning* RA
S,urrent Zoning,; R-4 (POD
`t�roposejd
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proposed Zoning
Garent Zoning : ESH
o:ed Zo'ng; t VS (ESH)'
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ang : ESH
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Current Zoning : ESH
Proposed Znning : f1A-� (PD/i/ESH)
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CITY COUNCIL
ORDINANCE NO. 445
LOCAL COASTAL PLAN IMPLEMENTATION DOCLNT
TITLE 17 - ZONING ORDINANCE
ATTACHIVLENTS
1UNE 1995 DRAFT
SUlVIlVIARY OF RECOMMENDATIONS
BY PLANNING COMMISSION
DUNE 19, 1995 to AUGUST 7, 1995
Recommended Changes by the Planning Commission
as Amended from City Attorney Comments on 817195
SUBSTANTIAL CHANGES
Section Recommended Change
1 is 12.437 Maior Vernetation Shall be lletined as:
(p. 12-23) 1. Native vegetation on coastal bluffs, on beaches or sand dunes, or within
100 feet of riparian habitat, except, in cases of riparian habitat on
previously subdivided lands where it shall be 50 feet.
2. Native vegetation within 100 feet of wetlands as defined by the U.S. Fish
and wildlife, and the Coastal Commission Statewide Interpretive
Guidelines.
3. Threatened or endangered plant species including trees as defined by the
Environmental Protection Agency and the. California Natural Diversity
Data Base.
4. Vegetation growths providing a significant habitat base for threatened or
endangered animal species.
50 City -designated or voluntarily identified landmark trees.
6. Exceptions
a. Crop trees and ornamental edible fruit trees, are not considered
major vegetation.
b. Diseased, damaged or aged trees which pose an imminent danger
to persons and/or property shall not require a Coastal Development
Permit.
"The Director may develop guidelines for determining what constitutes major
vegetation, which guidelines shall be approved by the Planning Commission (or
City Council or both)."
170220020 "When the exact boundaries of a district cannot be readily or exactly
(p. 22-1) ascertained by reference to the Zoning Map of the City, the boundary shall
be deemed to be along the nearest street, of lot lineif a-distFictboundary
4ne divides of &plitftSsa�4et7 the lot shall be be ineluded within the�
d t iet which is tha_mnCtro�L4iI1rhezening beuHdait{s damned
b" "or geographic feature such as a creek or blufftop. The provisions of
this section do not apply to acreage.
17.30.030.D.7 The word "shall" could be interpreted to create a mandatory duty on the part
(p. 30-3) of the Director. We recommend that the Director be given some discretion
by replacing "shall" with "may."
17.40.030.C.3. Section 17.40.030.C.3. should be deleted This language in confusing.
(p. 40-3) The PD Overlay Zone allows modifications by the Planning Commission
upon findings of public benefit. Additionally, Subsection C is titled
Permitted Uses. C.3. discusses standards and procedures covered in other
subsections and is not needed here.
17.48.020 Replace the last four lines of this section as follows: "shall set forth its
(p. 48-3) findings and interpretations pursuant to the procedures contained in Chapter
17.08. Any such interpretation by the Planning Commission may be
appealed by any interested party to the City Council within ten days of the
adoption of the subject interpretation."
ZOA 05-91; LCP/GPA 03-93
August 28, 1995 City Council
17.49.030.B. Revise header to read "Conversion for Community Housing Projects".
P. 49-5)
17.49.030.13.5. The last three lines to be changed to read as follows: "with the findings
(p. 49-7) required to be made under Subsection B of Section 17.49.060 or will
qualify for an exception to these findings as provided in paragraph 4 of
Subsection B of Section 17.49.060."
17.50.030. B. Amend last sentence as follows: "Such detezmination by the City shall be
(p. 50-3) based on a public hearing conducted by the Planning Commission and
approved by the City Council by Consent.
17.50.040.C. Same comment as that to section 17.50.030.B.
P. 50-4)
17.58.020.H.1 Replace with "Administrative Coastal Development Permits will be required
(p. 58-3) for construction of all new single family residences until the City obtains
the approval of the Coastal Commission to exempt the area East of Main
Street to the LCP Urban/Rural Boundary except for those areas within a
Coastal Commission appeal jurisdiction, an ESH overlay zone, or on
properties of 10 percent or greater slopes, from the requirement of obtaining
a Coastal Development Permit for the purpose of construction of new, one
story single family residences and two story residences when the second
floor is less than 40% of the lot area The Director is authorized by this
Ordinance to take whatever steps are necessary to obtain Coastal
Commission approval.
17.58.030.A.3. Replace "subdivision" in the third to last line of the section with
P. 58-4) "Subsection" and insert the following sentence at the end %J the subsection:
"This Subsection shall not be applied in such a way that the City's supply of
affordable housing shall be significantly jeopardized or in any other way
that would be inconsistent with the Housing Element of the City's General
Plan."
17.58.040.D.5. Replace with "The general procedure concerning the submission of public
(p. 58-8) comments, either in writing or orally, prior to the Director's decision."
17.58.040.H. Replace with "Administrative Permits shall become effective upon
(p. 58-9) completion of the Notice of Final Action to the California Coastal
Commission.
MINOR CHANGES
17.12.135 The word and should be replaced with
17.12.140 The word "that" should be replaced with "a."
P. 12-10)
2
ZOA 05-91; LCP/GPA 03-93
August 28, 1995 City Council
17.12.155 Rather than reference "ORD. 423 as a definition, use the recently adopted
(p. 12-10) and renumber accordingly.
17.12.197 In first sentence replace "demolition" with "the intentional destruction and
(p. 12-13) removal"
17.12.230 Replace " ... this includes apartment houses, apartment hotels and flats,
(p. 12-15) but not including motels, boarding houses and hotels" with "this includes
apartment houses, apartment hotels and -flats, but does not include motels,
boarding houses and.hotels."
17.12.272 Replace "as stipulated by the State of California" in the parenthesis found in
(p. 12-16) A. and B. with "as otherwise provided by the State of California."
17.12.285 Delete the word "means."
(p. 12-18)
17.120333 (Definition of "Infill").Replace "17.12.33" with "17.12.333."
(p. 12-19)
17.12.335 The word "is" should be deleted. Also, this definition ("In -Lieu Fees") is
(p. 12-20) out of order as it follows section 17.12.337.
17.12.337 This definition of "Infant" (section 17.12.337) should come before the
(p. 12-20) definition of "Infill" (Section 17.12.333) since the definitions are arranged
alphabetically. The best way to solve this discrepancy is to renumber the
following definitions like so.
Change "Infant" to section 17.12.333;
Change "Infill" to section 17.12.335; and
Change "In -Lieu Fees" to section 17.12.337.
17.12.349 Replace "the" with "another."
(p. 12-20)
17.12.693 Insert "Very Low" before `Affordable Housing.'"
(p. 12-31)
17.30.030.M.3. Replace "Centers" with "Facilities" since the term "Day Care Facilities" is
(p. 30-5) defined in section 17.12.196., but "Day Care Centers" is not defined.
17.30.030.M.3.a. & b. Replace "centers" with "facilities."
17.30.030.M.3.b.(1) Replace "family day care home" with "day care facility."
(p. 30-5)
17.30.030.M.3.b.(3) Replace "and provides the parking pursuant to Section 17.44.020.C." with
(p. 30-5) "and provide parking pursuant to Section 17.44.020.C. l.(d)."
17.30.030.P.1 Replace "Section 17.58.070.D.3" with "Section 17.58.030.D.3."
(p. 30-6)
ZOA 05-91; LCP/GPA 03-93
August 28, 1995 City Council
17.30.030.S.4.b
(p. 30-9)
17.30.030.T. l.e.
(p. 30-10)
17.30.040.A
(p. 30-12)
17.40.030.C.1.
(p. 40-2)
Replace Chapter "17.44.020 - 112" with " Section 17.44.020.C."
Replace "required of the Master Leasehold" with "required by the Master
Leasehold."
Replace "Section 17.60 with "Section 17.030.050."
Add "is a permitted use's after the word "district."
17.40.030.D. Replace "...and minimum lot area for dwelling units in the density range,
(p. 40-3) and any specific design ... " with "and minimum lot area for dwelling units
in the density range, provided that- any specific design." (4th sentence).
17.40.030.F.1/ Between these two sections, there are two lines of text (the first and second
17.40.030.17.2 linesof page .40-5) that should be deleted (since they appear to be part of an
(p. 40-5) entirely different section and from a different chapter).
17.44.020.C. 1.e.(3) Replace "Section 17.48.320D" with "Section 17.48.320E "
(p. 44-5)
17.44.020.D.3.g. Replace" ...all criteria in 17.44.020.A.3.f" with "...all criteria in
(p. 44-12) Section 17.44.020.13 3. f."
17.44.020.D.3.i Insert "rolling -type" between "automatic garage" in last sentence.
(p. 44-12)
17.45.090 Replace reference to "Section 17.48.28" with "Section 17.48.280".
(p. 45-7)
17.48.042. Be l Insert "as" between "shall be" and "provided".
17.48.045.C. See comments to Section 17.44.020.13.3d, above, regarding "automatic
(p. 48-5) garage door openers."
17.48.260.D. Replace " ...revoked pursuant to Section 17.60.120" with "revoked
(p. 48-17) pursuant to the notice and hearing provisions of Section 17.60.120."
17.49.020 Replace "Ordnance" with "Ordinance."
17.49.060.A.5. Replace "Section 17.50.025" with "Section 17.50.020".
(p. 49-8)
17.49.060. B. Insert "this" before "Code" in the last sentence (before the colon).
17.50.010. B. In the second line, delete the reference to Government Code Section
(p. 50-1) 65913.4 (this section has been repealed).
17.50.010.C. In second line, replace "and" with "or".
4
ZOA 05-91 a LCP/GPA 03493
August 28, 1995 City Council
(p. 50-1)
17.50.020 Second paragraph, add to end of first sentence (after "or the county")
(p. 50-2) "within three miles of the Coastal Zone.
17.52.030.A Replace "70 Ldn" with "70 dB Ldn (or CNEL)"
(p. 52-2)
17.52.030.0 Toward the end of the Section replace "given in C."with "given in
(p. 52-2) Subsection E."
17.56.120OBo Replace "Section 17.56.170" with "Section 17.56,160".
(p. 56-2)
17.56.160.C. Insert "Sub" before "Sections A & B."
(p. 5&6)
17.58.030.C. Replace "Section 17.58.060" with "Section 17.58.030.B".
(p. 5 M)
17.58.030.E. Replace "Section 17.58.070" with "Section 17.58.030.B." at both citations.
(p. 58-7)
i7.58.040.A.3 Replace "of two or fewer units" with "of more than two units."
(p. 58-7) 1
17.64.050 Replace "State law Sections" with "Government Code Sections." Also,
(p. 64-2) everywhere a Government Code Section number is used, insert
"Government Code" before the word "Section."
ZOA 05-91; LCP/GPA 03-93
August 28, 1995 City Council
Section
Summary of Recommended Text Changes
by the Planning Commission 6119195 - 7117195
Comment
17.12.190 Clarification that the entire section is to be stricken.
(p. 12-12)
17.12.492 Public Viewshed is recommended to be deleted as a definition.
(p. 12-26)
17912.501 New Definition Added; REDEVELOPMENT, "Redevelopment means the
(p. 12-26) replacement of structures or cumulative additions of more than fifty percent
of the total floor area of existing structures, or two thousand square feet,
whichever is less."
17.12.502 Third sentence, first word, "and" changed to "which are"
(p. 12-26)
17.12.535 Scenic View was not recommended to be added as a definition.
(p. 12-27)
17.12.693 Replace "who's income is" with "with an income of"
(p. 12-31)
17012.711 View Corridor is recommended to be deleted as a definition.
(p. 12-32)
170220040 Replace Section 17.22.040 that was inadvertently left out of draft. Reads as
(p. 22.-2) follows: "LANDS NOT DESIGNATED DEEMED R-A DISTRICTS, "All
lands now or hereafter included within the City boundaries, which are not
designated on the aforementioned zoning map as being included in any
district, are and shall be designated as R-A or single-family residential
districts. (Ord. 263 1 (part), 1984)"
17.24.040 TABLE (R-1) District - Recommended deleting 5000 sf min. lot size for Granny Units
17.24.050 TABLE (R-2) District -Recommended deleting 5000 sf min. lot size for Granny Units
17.24.060 TABLE (R-3) District - Recommended deleting 5000 sf min. lot size for Granny Units
17,24.070 TABLE (R4) District - Recommended deleting 5000 sf min. lot size for Granny Units
17.24.100 TABLE (C-1) District - Add "or a school" to end of Minor Use Permit Requirement for
Tattoo Parlors and Video Arcade.
17.24.1 l0B.1. Deleted Bolded text at end of paragraph (Staff recommendation not taken).
17.24.110B.5. Strike reference to C-1-N in first line.
(p. 24-26)
C
ZOA 05-91, LCP/GPA 03-93
August 28, 1995 City Council
17.240110 TABLE (MCR) District - Recommended to delete the criteria under Cup Required from
"None except when within 100' ... to "Minor Use Permit".
17.24.140 TABLE (WI) District - Recommended language to added to read as follows: "None
except when within 300' of other non M-1 Districts a Minor Use Permit is required,
or within 100' or across the street from a residential zone in which case a regular
CUP is required.
17.24.170B.3
(p. 24-41)
17.30.030T, l.a.
(p. 30-10)
17.40.080.B.
(p. 40-22)
Delete Bolded text at end of paragraph (staff recommendation not taken).
End of first line, add words "and balloon" between "flower" and "sales"
In First line insert "M-1 and M-2" before the word "industrial".
17.40.100.L. & References to posting of a bond to be changed to include "or similar
17.40.110.F.5. security" covering the amount... It is the Planning Commission's intent
(p. 40-30 & 40-35) that such language should be consistent throughout the document.
17.40.1 lOD.1. First line, recommended to delete "and other major vegetation. Also, to
(p. 40-32) delete last sentence.
17.44.020C.2.h. Delete "for each four permanently located seats or one space" and delete
(p. 44-6) "whichever is greater".
17.44.MOP .2.i.
(p. 44-6)
17.did .020C.4.b. & c.
(p.
17.44.020.D.3.p.
17.48.1 00A.1.
17.48.260.C.6.
17.48.265
Delete "whichever is greater"
Correct 120 sq. ft. to 125 sq. ft. (same as in 4a.)
.Change header to read "Residential single-family and multi -family parking"
Second line, recommended to delete "water and gas meters"
Delete "and nursery schools" from the header. Also delete rest of sentence
after " three students at one time.
Second line replace "be in keeping with" to "not detract from"
17.48.290C.5 Fourth sentence, delete "150% of"
17.48.320 Move the last sentence of 17.12.295 (Definitions) to be first sentence under
(p. 48-29) GRANNY SECOND UNITS "The purpose for this housing is to provide
affordable low and moderate income housing."
7
ZOA 05-91; LCP/GPA 03-93
August 28, 1995 City Council
17.48.320 A. Second sentence, delete second and third sentences and rewrite as follows.
(p. 48-29) "A deed restriction in a form approved by the City Attorney shall be
recorded limiting the use of said real property to residential purposes only."
17.48.320D0 Second and third lines, delete "attached or detached from the primary
(p. 48-30) residence" and add to end of sentence "as the primary residence."
17.48.320G. First line, change "and" to "and/or". Second line, change "rate" to
(p. 48-30) "standard"
17.48.320I. New language recommended to be added "Use Limitation. Single family
(p. 48-30) residences with approved granny second units shall not have the granny unit
rented independent of the main residence when neither unit is occupied by
the owner."
17.56.160A.S.b Exception: -First line, change "with" to "by", and in second line add
(p. 56-5) "additional" between "of" and "habitable"
17.60.140 Change header to read "APPEALS OF DIItECTOR DECISION
(p. 60-8)
Appendix A Add to cover page "The language contained in this appendix is from
(end of doc.) Measure A, approved by the voters in 1986, and is provided for
informational purposes"
Appendix A In the headers 17.47.010 PURPOSE and 17.47.020 FINDINGS, the (end
of doc.) Code citations should be deleted.
PLANNING COMMISSION
RESOLUTION NO.02-95
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MORRO BAY,
ANNOUNCING FINDINGS AND RECOMMENDING TO THE CITY COUNCIL
APPROVAL OF AMENDMENTS TO THE LAND USE MAP OF THE GENERAL PLAN,
AND LOCAL COASTAL PLAN; THE ZONING ORDINANCE TEXT AND MAP, NORTH
MAIN STREET AND BEACH STREET SPECIFIC PLANS
THE PLANNING COMMISSION
City of Morro Bay, California
CASE NO. .ZOA 05-91/GPA/LCP 03m93
WHEREAS, The Planning Commission of the City of Morro Bay, on May 16, 1994, by
adoption of Resolution 01-94, after duly noticed PUBLIC HEARINGS, did make
recommendations to the City Council for approval of amendments to the Land Use Map of the
General Plan and Local Coastal Plan, Zoning Ordinance Text and Map; and the North Main Street
and Beach Street Specific Plans; and
WHEREAS, The City Council held duly noticed PUBLIC HEARINGS to consider the
amendments, and on May 22, 1995 tentatively approved the amendments with additional
modifications, and referred those modifications made back to the Planningm Commission for review
and recommendation; and
WHEREAS, The Planning Commission on the 19th, 21st, 22nd, and 30th day of June,
and the 3rd, 17th day of July, and the 7th day of August, 1995 did hold a duly noticed PUBLIC
HEARINGS to review the modifications made by the City Council to the text and map
amendments; and
WHEREAS, the Environmental Coordinator determined that the California Coastal
Commission is the lead Agency for Local Coastal Plan Amendments for the purposes of the
California Environmental Quality Act; and
WHEREAS, following the hearing, and consideration of the testimony of all persons
written and oral, the Planning Commission did recommend to the City Council, approval of the
amendments with modifications, based upon the followfindings:
ing
to The proposed amendments are consistent with the intent of the State Coastal Act; and
20 The proposed amendments are consistent with the General Plan and Local Coastal
Program Land Use Plan; and
3. The proposed amendments clarify the intent of the Zoning 0rdinance, General Plan and
Local Coastal Program Land Use Plan.
Planning Commission Resolution No. 02-95
Page Two
NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of
Morro Bay, California, as follows:
1. That the above recitations are true and correct and constitute the findings of the
Commission in this matter; and,
2. That the Commission does hereby recommend to the City Council approval of the Local
Coastal Plan / General Plan Map Amendments and the Zoning Ordinance Map and Text
Amendments as shown on Exhibit A, attached hereto and made a part of this resolution.
PASSED, APPROVED, AND ADOPTED, by the Planning Commission of the City of
Morro Bay, on the 7th day of August, 1995, by the following vote to wit:
AYES:
WOES:
°;BSENT:
CHARLES CLARKE, Chairman
ATTEST:
IJNA NAUMAN,�ecretary to
PLANNING COMMISSION RESOLUTION 02-95
ATTACHMENTS
SL;t�✓IlVIARY OF RECOl��IlV1ENDATIONS TO ZONING TEXT
RECOMIV�ENDATIONS ON LOCAL COASTAL PLAN/
GENERAL PLAN /ZONING ORDINANCE
MAP AREAS 5, 8, & 11
Changes Adopted by City Council
August 28, 1995
17.24.100: Table - Under "plant nurseries, home improvement centers, and tine shops/auto
repair subject to a CUP ..." delete "and when part of a planned
development shopping center of five acres or greater"
17.24.030: Table - Under "Crop and tree farming; viticulture; farming and grazing ..." add the
words "on property of one (1) acre or more" before the words "of not more
than two (2) cattle or horses per acre or not more than four (4) goats or
sheep per acre."
17.40.OSO.B. & C. -Under rear yard setbacks, delete the words "first floor, ten (10) feet for the
second floor,"
17.12.437 - Delete the definition of "Major Veg�ation" and all references thereto,
including the proposed Guidelines.
rc
ORDINANCE NO. 444
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO
BAY, CALIFORNIA, ADDING CHAPTER 3.40 TO TITLE 3 OF THE
MUNICIPAL CODE, AUTHORIZING A PROGRAM FOR THE COST
RECOVERY OF POLICE, FIRE, HARBOR, OR OTHER CITY
DEPARTMENTS RESPONSE TO SPECIFIC INCIDENTS DUE TO THE
NEGLIGENT OR INTENTIONAL WRONGFUL ACTS OF AN INDIVIDUAL,
INCLUDING THE ENFORCEMENT OF STATUTES IN EMERGENCY
RESPONSE COSTS RELATED TO INCIDENTS CAUSED BY DRUNK OR
RECKLESS DRIVERS.
WHEREAS, the City Council finds that the costs of city
services provided as a result of negligent or intentional wrongful
acts should not be borne by the general taxpayer; and
WHEREAS, Police, Fire, Harbor, and other city departments are
required to make an appropriate response to locations or incidents
in order to maintain the public peace, health, safety, and general
welfare; and
WHEREAS, the response of city departments to a Drunk Driving
related incident constitutes a drain on personnel, resources, and
may create a hazard to the responding personnel and the general
public; and
WHEREAS, the legislature has adopted Government Code Sections
53150 through 53158 authorizing the city to recover costs of
emergency responses to driving under the influence "incidents;"
NOW, THEREFORE, BE IT ORDAINED by the City Council that
Chapter 3.40 be added to Title 3 Revenue and Finance of the
Municipal Code reading in full as follows:
Sections:
3.40.010
3.409020
3.40.030
3.40.040
3.40.050
3.40.060
3.40.070
3.40.080
Chapter 3.40
RESPONSE AND ENFORCEMENT FEES
Chapter provisions and applications.
Definitions.
Enforcement fees for driving, boating, or
flying under the influence.
Reporting, collection of costs.
No Release of obligation to pay costs.
Limitation of costs.
Debt owed to city.
Monies collected to General Fund.
Ordinance
Page Two
3.40.010
No. 444
Chapter provisions and applications.
The provisions of this chapter are established for the
implementation of cost recovery procedures for the emergency
response of Police, Fire, Harbor, and/or other city departments, as
needed, to incidents caused by the negligent acts of drivers under
the influence of alcohol and/or drugs, or drivers whose conduct is
intentionally wrongful in the operation of vehicles, boats, or
aircraft.
3.40.020 Definitions
As used in this article:
(a) "Emergency response" means the appropriate level of
response to a pressing necessity or exigency caused by an
event or combination of circumstances calling for
immediate action or remedy to avert imminent danger to
life, health, or property.
(b) "Under the influence" means that a person is under the
influence of alcohol, drugs or any combined influence of
alcohol and drugs to the point that his/her physical and
mental abilities are impaired to a degree that he/she no
longer has the ability to operate any vehicle, boat or
vessel with the caution characteristic of a sober person.
For purposes of this chapter, the presumptions described
in California Vehicle Code Sections 23140(a), 23152(b),
and 23155(a)(3) shall apply.
(c) "Co(zts" means all direct personnel costs of city
personnel, all equipment costs including reasonable
depreciation or standard industry hourly rental amount,
plus the cost of all incidental material and supplies
involved in the appropriate city response to an incident
and any criminal justice administration fees established
pursuant to Government Code Section 29550, imposed upon
the city by San Luis Obispo County or is a result of the
booking and processing of an arrestee.
(d) "Vehicle" refers to any device described pursuant to
California Vehicle Code Section 670 and being operated
upon the highway or elsewhere throughout the city unless
expressly provided otherwise.
(e) "Vessel" refers to every description of watercraft used or
capable of being used as a means of transportation on
water and described pursuant to California Vehicle Code
Section 9840.
Ordinance
Page Three
3.40.030
No. 444
Enforcement
influence.
fees for driving, boating, flying under the
The following guidelines and procedures are established for
implementation and administration of Title 5, Division 2, Part 1,
Chapter 1, Article 8 of the California Government Code entitled
"Costs of Emergency Response" (Sections 53150 et seq) as it may be
amended from time to time.
(a) All city departments, including Police, Fire, Harbor and
Public Works, that participate on any emergency response
to any incident that is the result of the negligent
act(s) of an individual operating a vehicle, boat or
vessel, or aircraft while under the influence of alcohol,
drugs, or any combination of alcohol and drugs, or is the
result of the intentional wrongful conduct of an
individual which proximately causes any incident
resulting in an appropriate emergency response, shall
document and log all personnel time, equipment time and
use, and all incidental costs involved in such
appropriate emergency response.
3.40.040 Reporting of Costs.
The costs to the city for all such personnel time, equipment
use, and incidental items shall be reported by each department
within ten (10) days to the City Administrator or his/her designee.
The reporting department head responsible for determining that the
person causing the incident was under the influence of alcohol
and/or drugs, or that said person's conduct was intentionally
wrongful and negligent, shall be responsible for coordinating the
preparation and furnishing of the appropriate reports.
3.40.050 No release of obligation to pay costs
The provisions of this chapter shall be applied uniformly
against all such persons charged with a Penal Code, Vehicle Code,
Health and Safety Code or other state or municipal code statutory
violation; no city official shall have authority to reduce or
cancel the debt obligation after criminal charges have been
approved by the district attorney or city attorney.
The debt obligation imposed in this chapter shall only be
excused or canceled upon an explicit verdict or finding by a court,
that the person did not cause the incident, was not the proximate
cause or responsible party for the incident, or that the person was
not under the influence of alcohol and/or drugs at the time of the
incident.
Ordinance No. 444
Page Four
3.40.060 Limitation of Costs
All response costs which the city may recover related to
incidents for driving, boating or flying under the influence, shall
not be in excess of one thousand dollars for each incident as
specified in Government Code Section 53155. The city shall have
the option to pursue any other legal remedies for recovery when
such costs exceed one thousand dollars per response.
3.40.070 Debt owed to city
The amount of all costs established pursuant to this chapter
shall be deemed a debt owed to the city by the person or persons
responsible. Any person required to pay such costs shall be liable
in an action brought in the name of the city for recovery of such
costs, including reasonable attorney's fees.
All judicial actions for judgment and collection of the debt
obligation in this chapter shall be filed in the San Luis Obispo
County Municipal Court, small claims division, at San Luis Obispo,
California.
3.40.080 Monies collected to General Fund
All monies collected under the provisions of this chapter
shall be deposited in the City General Fund, and shall be
included in City budget projections.
INTRODUCED at a regular meeting of the City Council of Morro
Bay on the 26th day of June, 1995, by motion of Councilmember
NOVAK, and seconded by Councilmember Anderson.
PASSED, APPROVED, AND ADOPTED, by the City of Morro Bay City
Council, at a regular meeting held on this 10th day of July, 1995
by the following vote:
AYES:
NOES:
ABSENT:
Anderson, Crotzer, Novak, Unger, Yatesrem
None
I
i,:.///.
Dolores F. Dahlin, Deputy City Clerk
- A
DAVID R.
TO FORM:
City Attorney
5661 6
• •
ORDINANCE NO. 443
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY,
CALIFORNIA, RESCINDING ORDINANCE NO. 421, AND APPROVING
AMENDMENTS 1) TO THE OF THE ZONING ORDINANCE MAP FOR CERTAIN
PROPERTIES LOCATED AT THE NORTHEAST CORNER OF MORRO BAY
BOULEVARD AND QUINTANA ROAD FROM C -2 (S.4) SERVICE COMMERCIAL TO
C -1 (S.4) DISTRICT COMMERCIAL; AND 2) APPROVING AMENDMENTS TO THE
ZONING ORDINANCE TEXT ESTABLISHING CITY POLICES AND PROCEDURES
CONCERNING CHILD CARE SERVICES IN MORRO BAY
THE CITY COUNCIL
City of Morro Bay, California
CASE NO.S 1) ZOA 05 -91 (A -2) & GPA/LCP 02 -93 (A)
2) LCP /ZOA 05 -91 (A)
SECTION 1 - Case No. ZOA 05-91 (A -2) & GPA/LCP 02 -93 9(A)
WHEREAS, The Planning Commission of the City of Morro Bay did on the 29th day of
November, 1993, the 31st day of January, 1994, the 22nd day of February, the 4th day of April
and the 16th day of May, 1994 hold duly noticed PUBLIC HEARINGS to consider the
proposed amendments to the Local Coastal Land Use Plan and General Plan to change the
designations of the subject properties as indicated on Exhibit A and incorporated herein, from
Service Commercial to District Commercial; and
WHEREAS, following its review and consideration of all public testimony given, the
Planning Commission did, by adoption of Resolution 01 -94, recommend approval of the proposed
amendments to the City Council; and
WHEREAS, on the 22nd. day of February, and the 10th. day of April, 1995, the City
Council did hold duly noticed PUBLIC HEARINGS on the proposed changes to the General
Plan and Local Coastal Program Land Use Plan (GP/LCP) designations of the subject properties
from Service Commercial to District Commercial; and
WHEREAS, said project has complied with the City of Morro Bay objectives, criteria
and procedures for implementation of the California Environmental Quality Act, (CEQA), in that
the California Coastal Commission is the lead agency for Local Coastal Plan Amendments; and
WHEREAS, at said PUBLIC HEARING, after considering the recommendations of the
Planning Commissions and the testimony of all persons, if any, wishing to testify, the City Council
did find the following facts to justify their action in this matter:
• •
Ordinance No. 443
Page Two
1. The proposed amendments provide consistency with the other elements of' the General
Plan and Local Coastal Plan; and
2. The proposed amendments will allow uses which are more compatible with the scenic
entryway of the City at this location.
SECTION 2 - CASE NO. LCP/ZOA 05-91 (A)
WHEREAS, The Planning Commission of the City of Morro Bay, did on the 28th day of
September, 1992 hold a duly noticed PUBLIC HEARING to consider the proposed amendment
to the Zoning Ordinance to establish City policies and procedures concerning child care services
in Morro Bay; and
WHEREAS, following its review and consideration of all testimony, the Planning
Commission, by adoption of Resolution 24 -92 recommend approval to the City Council; and
WHEREAS, on the 28th day of September, 1992, the City Council did hold a duly
noticed PUBLIC HEARING to consider the proposed amendments; and
WHEREAS, said project has complied with the City of Morro Bay objectives, criteria
and procedures for implementation of the California Environmental Quality Act, (CEQA), in that
the California Coastal Commission is the lead Agency for proposed Local Coastal Plan
Amendments; and
WHEREAS, the City Council did on September 28, 1992 approve said amendments to
the Zoning Ordinance by adoption of Ordinance 421; and
WHEREAS, said amendments were not certified by the Coastal Commission, this
ordinance does hereby rescind Ordinance 421; and
WHEREAS, the City Council of the City of Morro Bay did on the 10th day of April,
1995 hold a duly noticed PUBLIC HEARING to consider the amendments previously
approved; and
WHEREAS, at said PUBLIC HEARING, after considering the recommendations of the
Planning Commissions and the testimony of all persons, if any, wishing to testify, the City Council
did find the following facts to justify their action in this matter:
• •
Ordinance No. 443
Page Three
1. The proposed amendments proposed are in compliance with the Local Coastal Plan and
General Plan; and
The proposed amendments establish policies and procedures for child care services within
the City of Morro Bay which will provide an essential service for working parents and
contribute to a child's emotional, cognitive, and educational development as well as
impacting positively on the economic growth of Morro Bay; and
3. The proposed amendments will encourage and facilitate the establishment of child care
facilities within the City of Morro Bay.
SECTION 3
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Morro
Bay, California, as follows:
1. That the above recitations are true and correct and constitute the findings of the Council in
this matter; and,
2. That amendments represented by Case No. ZOA 05 -91 (A -2) & GPA/LCP 02 -93 (A) the
subject properties located at 839, 843, 853, 861 and 899 Quintana Road shall be
redesignated in the General Plan/Local Coastal Program/Land Use Plan from General
Service Commercial land use to District Commercial as shown on Exhibit A attached
hereto; and
3. That amendments represented by Case No. LCP /ZOA 05 -91 (A) shall amend Section 17
(Zoning Ordinance) of Municipal Code as shown on Exhibit B.
4. That the City Council directs the City Administrator to transmit said amendments to the
State Coastal Commission immediately; and
5. That upon certification by the Coastal Commission, said amendments shall immediately
become effective if they are not modified by the State Coastal Commission.
INTRODUCED at a regular meeting di the City Council of Morro Bay on the 10th day of
April, 1995, by motion of Councilmember Novak and seconded by
Councilmember Unger
• •
Ordinance No. 443
Page Four
PASSED, APPROVED, AND ADOPTED, by the City of Morro Bay City Council, at a
regular meeting held on this 24th day of April . 1995 by the following vote:
AYES: Anderson, Crotzer, Novak, Unger, Yates
NOES: None
ABSENT: None
ATTEST:
BRIDGET AUER, City Clerk
WILL AM YATES, M
APPRO 1 D A ` TO FORM:
DAVID R. H T, i ttorney
• •
EXHIBIT
ORDINANCE NO. 443
CASE NO. ZOA 05 -91 (A -2) &GPA/LCP 02 -93 (A)
of
Current GP&LCP : Service Commercial
Proposed GP&LCP : District Commercial
Current Zoning : C -2 (5.4)
Proposed Zoning : C -1 (S.4)
• •
EXHIBIT "B"
ORDINANCE NO. 443
CASE NO. LCP /ZOA 05 -91 (A)
Section 1. Section 13.20.080(B) of the Morro Bay Municipal Code shall be amended to add:
"6. Family Day Care Homes, as defined in Section 17.12.272 of this code."
Section 2. Morro Bay Municipal Code Section 17.20.130 (A) shall be amended to add:
"6. Child Day Care Facilities, Day Care Centers and Family Day Care Homes as defined
in Chapter 17.12 of this code."
Section 3. Section 17.48.260(c)(6) shall be amended:
delete the words "; or family and child care instruction for more than six students from the
Home Occupation requirements."
Section 4. Section 17.12.272 shall be added to read as follows:
17.12.272 "Family Day Care Home" means a home which regularly provides care,
protection, and supervision of 12 or fewer children (or as stipulated by the State of California), in
the provider's own home, for periods of Tess than 24 hours per day, while the parents or guardians
are away, and includes the following;
(A) "Large Family Day Care Home" which means a home which provides family day care
to 7 to 12 children (or as stipulated by the State of California), inclusive, including children under
the age of 10 years who reside at the home, as defined in regulations"
(B) "Small Family Day Care Home" which means a home which provides family day care
to six or fewer children (or as stipulated by the State of California) including children under the
age of 10 years who reside at the home, as defined in regulations."
Section 5. Section 17.12.158 shall be added to read as follows:
Exhibit `B"
Ordinance 443
• •
17.12.158 "Child Day Care Facility" means a facility which provides non - medical care
to children under 18 years of age in need of personal services, supervision, or assistance essential
for sustaining the activities of daily living or the protection of the individual on less than a 24 -hour
basis. "Child Day Care Facility" includes Day Care Centers and Family Day Care Homes.
Section 6. Section 17.12.196 shall be added to read as follows:
17.12.196 "Day Care Facility" means a facility which provides supervised care, therapy,
instruction or medical treatment to individuals during daytime. No person or patients are
permitted to remain overnight. This category includes: day treatment clinics, children's day care
center, and workshop for the handicapped. The size of said facilities shall be subject tot he
criteria established by the State of California."
Section 7. Section 17.44.020(C)(d) shall be added as follows:
(d) Parking for Large Family Day Caret Homes, as described in Section 17.12.272 of
this Code. One additional off - street parking space for each employee of the proprietor.
Section 8. Chapter 17.46 shall be added to the Morro Bay Municipal Code to read as
follows:
"17.46 Child Day Care Facilities
17.46.010 Definitions. See the definitions listed in Chapter
17.46.020 Use of Single Family Dwellings as Small Family Day Care Homes.
The use of a single family dwelling as a Small Family Day Care Home which is properly
licensed under the California Child Day Care Facilities Act shall be considered a principal
permitted use of such property and shall be allowed as a matter of right in all areas of the City of
Morro Bay which are zoned for residential uses. No permit, use permit, Coastal Development
Permit, tax, fee, or business license shall be required or imposed for such use.
17.46.030 Use of Single Family Dwellings as Large Family Day Care Homes.
A. The Community Development Director shall grant an administrative Coastal
Development Perntit pursuant to § 17.20.130 and an Administrative Home occupation Permit for
the use of single family dwellings as a Large Family Day Care Home only if such single family
dwelling complies with the requirements of this code concerning spacing and concentration
2
Exhibit 13"
Ordinance 443
• •
of Large Family Day Care Homes, traffic control, parking and noise control, and any regulations
adopted by the State Fire Marshal pursuant to the California Child Day Care Facilities Act,
and is properly licensed under the California Child Day Care Facilities Act. No tax, fee or
business license shall be required or imposed for such use.
B. The Community Development Director shall grant such home occupation permit for a
Large Family Day Care Horne subject only to the following conditions:
1 Activities shall be conducted entirely within the dwelling unit or enclosed
rear yard area and shall not alter the appearance of such structure.
There shall be no sales or display on the premises.
There shall be no signs other than address and names of residents.
4. Off-street paved parking for each employee's vehicles used in connection
with the home occupation shall be provided in addition to parking required for the
residence accordance with Section 17.44.020(8)1.
5. A minimum of one additional improved off-street drop -off and pick -up
parking space shall be provided unless the paved width of the street includes on- street
paved parking in front of the residence for a minimum of one space.
6. Activities conducted and equipment or materials used shall not change the
fire safety or occupancy classifications of the premises, nor use utilities different from
those normally provided for residential use "
7. Noise created by said use shall be consistent with the City Noise Element
and any City Noise Ordinances.
17.46.040 Day Care Centers.
A. Day Care Centers shall be principal permitted uses in MCR, C -VS, C -1 -N, C -1, C -2
and G -O zones. Notwithstanding § 17.71.040 and 17.32.070 which require Conditional Use
Permits for all uses in such MCR and C -VS zones, only an administrative use permit as
established herein is required for Day Care Centers.
B. The Community Development Director may grant an Administrative Permit for
the use of facilities other than single family dwellings for Day Care Centers only if such
residence or facility complies with Chapter 8.14 and Titles 14 and 17 of this code, and any
regulations adopted by the State Fire Marshal pursuant to the California Child Day Care Facilities
Act, and is properly licensed under the California Child Day Care Facilities Act, and:
3
Exhibit "B"
Ordinance 443
• •
(1) Meets a minimum standard of 75 square feet of space for each child who is not an
infant. The above described minimum outdoor area per child must be either owned or
leased by the applicant and cannot be shared with other property owners unless permission
is granted by the other property owners. The above space requirements can be waived if
the applicant can demonstrate that there is a public park, school or other public open area
in close proximity to the family day care home.
(2) Does not materially reduce the privacy otherwise enjoyed by residents of
adjoining property;
(3) Provides adequate access to the facility with minimum disruption to local
traffic and circulation;
(4) Will not result in noise which may be a nuisance to neighbors.
C. No tax, fee or business license shall be required or imposed for such use.
4
L_4
I5 } ttL i
no•n• "neonate
• •
ORDINANCE NO. 442
ORDINANCE AMENDING CHAPTER 2.24, RECREATION AND PARKS; CHAPTER 2.28,
PLANNING COMMISSION; AND CHAPTER 15.48, HARI3OR ADVISORY BOARD OF
TFIE MORRO I3AY MUNICIPAL. CODE.
The City Council of the City of Morro Bay does ordain as follows:
Section 1. Section 2.24.030 and Section 2.24.040 of the MORRO
BAY MUNICIPAL CODE are amended to read asifollows:
2.24.030 Two of the members on the commission shall represent
special groups. One member shall represent a youth - serving organization in
the area and the other member shall represent a senior adult service
organization. The mayor shall appoint these commissioners, who shall serve
at the pleasure of the mayor for two -year terms. Expiration dates of specific
terms shall be established by resolution of the City Council.
2.24.040 Appointments; Terms of Office; Vacancies
Members of the Recreation and Parks Commission shall be appointed
and serve at the pleasure of the City Council. Terms shall be for a period of
four years (except for specific group representatives); vacancies shall be filled
for the unexpired term only. Two -year short terms may be established to
stagger terms. Expiration dates of specific terms shall be established by
resolution of the City Council.
Section 2. Section 2.24.050 of the MORRO BAY MUNICIPAL CODE
is hereby repealed in its entirety.
Section 3. Section 2.24.060 of the MORRO BAY MUNICIPAL CODE
shall be amended to read as follows:
2.24.060 Once a year, as established by Recreation and Parks
Commission the members of the commission shall elect a chairman and a
vice chairman, who shall hold office for one year. The chairman shall preside
over meetings, appoint appropriate committees, sign resolutions, direct the
affairs, and establish the meeting agenda of the commission. In the absence
of the chairman, duties of this office shall be performed by the vice chairman.
• •
Section 4. Section 2.28.040 of the Morro Bay Municipal Code is
amended to read as follows:
2.28.040 Appointments; Terms of Office; Vacancies
Members of the Planning Commission shall be appointed and serve at
the pleasure of the City Council. Terms shall be for a period of four years;
vacancies shall be filled for the unexpired term only. Two -year short terms
may be established to stagger terms. Expiration dates of specific terms shall
be established by resolution of the City Council.
Section 5. Section 2.28.050 of the MORRO BAY MUNICIPAL CODE is
hereby repealed in its entirety.
Section 6. Section 2.28.060 of the MORRO BAY MUNICIPAL CODE is
hereby amended to read 'as follows:
Section 2.28.060 Election of Officers
At the first regular meeting following the adoption of the ordinance
codified herein, the members of the planning commission shall elect a
chairman and vice chairman. Thereafter, elections shall be held once a year
as established by Planning Commission rules and regulations.
Section 7. Section 15.48.040 of the MORRO BAY MUNICIPAL
CODE shall be amended to read as follows:
15.48.040 Appointments; Terms of Office; Vacancies
Members of the Harbor Advisory Board shall be appointed and serve
at the pleasure of the City Council. Terms shall be for a period of four years;
vacancies shall be filled for the unexpired term only. Two -year short terms
may be established to stagger terms. Expiration dates of specific terms shall
be established by resolution of the City Council.
Section 8. Sections 15.48.050 and 15.48.060 are hereby deleted in
their entirety.
Introduced at a regular meeting of the City Council of the City of
Morro Bay held on the 23rd day of January 1995 by motion of
Councilmember Unger and seconded by Councilmember Novak
• •
PASSED AND ADOPTED by the City Council of the City of Morro
Bay at a regular meeting thereof held on the 14th. day of February , 1995 by
the following roll call vote:
AYES: Anderson, Crotzer, Novak, Unger, Yates
NOES: None
ABSENT: None
ATTEST:
BRIDGE' y' BAUER, City Clerk
DAVID R. HUNT, City Attorney
• •
2.24.010
Chapter 2.24
RECREATION AND
PARKS*
Sections:
2.24.010 Commission established.
2.24.020 Qualifications of commissioners.
2.24.030 Special groups represented.
2.24.040 Terms of office and vacancies of commission.
2.24.050 Appointments to commission.
2.24.060 Organization of commission.
2.24.070 Procedure.
2.24.080 Commission quorum.
2.24.090 Absence from commission meetings.
2.24.100 Minutes of commission meetings.
2.24.110 Commission duties and responsibilities.
2.24.120 Recreation and parks department established.
2.24.130 Recreation and parks director.
2.24.140 Use of parks/facilities.
2.24.150 Uses of parks/facilities requiring permits.
2.24.160 Use of personal property — Recreational equipment.
2.24.170 Enforcement.
2.24.180 Damage of parks/facilities.
2.24.190 Harassment of others prohibited.
2.24.200 Hours of use established.
2.24.210 Violations and penalties.
• For statutory provisions regarding parks and playgrounds. see Gov. Code ¢ 38000 et seq.; for provisions regarding municipal control
of certain parks. see Public Resources Code; 5181 et seq.
Prior ordinance history: Ord. 54, 239, 261; prior code 44 2621 — 2625, 2626.1 — 2626.5. 2627.12. 2628. 2629.
ted a recreation and parks commission composed of seven members. (Ord. 300 Exh.
986)
A (part), 1987: Ord.
t,:.•
2.24.020 Qualifications of commissioners.
The regular members of the commission shall be qualified elec • . ro city and shall serve
. without compensation. The members of the;commission shall hold no other public o ' • cif
gOrd. 300 Exh. A (part), 1987: Ord. 276 (part), 1986)
2.24.030 Special groups represented.
Two of the members on the commission shall represent special groups. One member shall represent
a youth - serving organization in the area and the other member shall represent a senior adult service
organization. The mayor shall appoint these commissioners, who shall serve at the pleasure of the mayor
for two-year terms expiring December 31, 1992, and every two years thereafter. (Ord. 388 § 1, 1991:
Ord. 300 Exh. A (part), 1987: Ord. 276 (part), 1986)
2.24.040 Terms of office and vacancies of commission.
Members of the commission, other than special group commissioners, shall serve for a period
25 (Morro Bay 2.92)
• •
2.24.040
of four years. The terms of two members shall expire on December 31, 1991, and every four years
after that: the term of one commissioner shall expire December 31, 1992, and every four years after
that; and the terms of the two other members shall expire on December 31, 1993, and every four years
after that Vacancies in the commission occurring otherwise than by expiration of term shall be filled
in a manner set forth in Section 2.24.050. All members shall serve at the pleasure of the city council.
(Ord. 388 § 2, 1991: Ord. 300 Exh. A (part), 1987: Ord. 276 (part), 1986)
2.24.050 Appointments to commission.
Appointments for the commission (other than special group representatives) and the filling of
vacancies shall be made by the city council. Vacancies shall be filled for the unexpired term only. (Ord.
388 § 3, 1991: Ord. 276 (part), 1986)
2.24.060 Organization of commission. '
At its first regular meeting following January 1st of each year, the members of the commission
shall elect a chairman and a vice chairman, who shall hold office for one year. The chairman shall
preside over meetings, appoint appropriate committees, sign resolutions, direct the affairs, and establish
the meeting agenda of the commission. In the absence of the chairman, the duties of this office shall
be performed by the vice chairman. (Ord. 276 (part), 1986)
The commission shall adopt rules and regulations to govern procedure and shall set a time for
regul.. meetings which will be held at least once a month. (Ord. 276 (pan), 1986)
2.24.080 ' ommission quorum.
A majon of members shall constitute a quorum. (Ord. 276 (part), 1986)
2.24.090 Absence rm commission meetings.
Absence of a mem from three consecutive meetings, without formal consent of the commission
noted in its official minutes, •:'. titutes the voluntary resignation of such absent member and the position
shall be declared vacant. (Ord. 76 (pan), 1986)
2.24.100 Minutes of commission eetings.
The director of the recreation and p department shall serve as or appoint a secretary to maintain
accurate minutes of the activities and offici . actions of the commission. (Ord. 276 (pan), 1986)
2.24.110 Commission duties and responsibili ' s.
The duties and responsibilities of the recreation . d parks commission shall be to:
A. Act in an advisory capacity to the city council r' all matters pertaining to parks and public
recreation and to cooperate with other governmental agenci and civic groups in the advancement
of sound park and recreation planning and programming;
B. Formulate policies on recreation services for approval b e city council;
C. Meet with the city council in March of each year to discus .roposed policies, programs,
budgeting future needs or other matters requiring joint deliberation;
D. Recommend to the city council the development of recreational areas, . ks, facilities, programs
and improved recreation services;
E. Recommend to the city council the adoption of standards concerning p and recreation
in respect to organization, personnel, areas and facilities, program and financial sup...;
F. Assist in coordinating recreation services with the programs of governmental a! -ncies and
voluntary organizations;
G. Advise the recreation and parks director in the preparation of the annual parks mainten ..ce.
park improvement and recreation budgets and long range park and recreation facilities improvemen
(Morro Bay 242)
26
• •
Chapter 2.28
PLANNING COMMISSION*
Sections:
2.28.010 Established.
2.28.020 Functions.
2.28.030 Membership and qualifications.
2.28.040 Appointments and vacancies.
2.28.050 Terms of office.
2.28.060 Election of officers.
2.28.070 Presiding officer.
2.28.080 Rules and regulations.
2.28.090 Quorum.
2.28.100 Absence.
2.28.110 Secretary.
2.28.120 Duties and responsibilities.
• See also Title 17, zoning regulations.
For statutory provisions regarding the establishment of a city planning commission. see Gov. Code .1 65100 et seq.
2.28.010
e is established a planning commission under and by authority of Chapter 3, Title 7 of the ,
Governmen • t - of the state. (Ord. 62 § 2 (part), 1967: prior code § 5301)
2.28.020 Functions.
The functions of the pl. 1 . t , commission shall be as follows:
A. To develop a general plan .t • recommend its adoption by the city council;
B. To maintain the general plan afte adoption by the city council;
C. To develop specific plans as may be ne ary to implement the general plan;
D. To periodically review the capital improveme •rogram of the city for recommendations
to the city council;
E. To perform such other functions as the city council may . (Ord. 62 § 2 (part), 1967:
prior code § 5302)
2.28.030 Membership and qualifications.
The planning commission shall consist of five members and they shall be qualified elect
2.28.040 Appointments and vacancies.
Members of the planning commission shall be appointed by and serve at the pleasure of the city
council. Vacancies shall be filled for the unexpired term only. (Ord. 62 § 2 (part), 1967: prior code
§ 5304)
2.28.050 Terms of office.
Members of the planning commission shall serve for a period of four years commencing January
1, 1967. The term of office of one member shall expire on December 31, 1968 and every four years
thereafter; the term of office of two members shall expire on December 31, 1969 and every four years
thereafter; and the term of office of two members shall expire on December 31, 1970 and every four
years thereafter. The terms of office of the first appointed members of the planning commission from
and after the date of adoption of the ordinance codified herein shall be as specified by resolution of
29
(Morro Bay 5 -931
• •
2.28.050
the city council. (Ord. 62 § 2 (pan), 1967: prior code § 5305)
2.28.060 Election of officers.
At the first regular meeting following the adoption of the ordinance codified herein, the members
of the planning commission shall elect a chairman and vice chairman. who shall hold office until December
31, 1968. Thereafter, an election is to be held once each year at the first regular meeting held in January.
(Ord. 62 § 2 (pan), 1967: prior code § 5306.1)
of
vice c
The chairman shall preside at meetings, appoint appropriate committees and direct the affairs
commission. In the absence of the chairman, the duties of this office shall be performed by the
'rtan. In the absence of both the chairman and vice chairman, the remaining members shall
choose . 'e of their own number to act as temporary chairman. (Ord. 62 § 2 (part), 1967: prior code
§ 5306.2)
2.28.080 R s and regulations.
The plannin: commission may adopt rules and regulations consistent with state laws and local
ordinances to gove .rocedures, and it shall set a time and place for regular meetings, which shall
be held at least twice > ch month. (Ord. 62 § 2 (part), 1967: prior code § 5306.3)
2.28.090 Quorum.
A majority of members onstitutes a quorum. (Ord. 62 § 2 (part), 1967: prior code § 5306.4)
2.28.100 Absence.
Absence of a member from thre • regular meetings during the calendar year without formal consent
of the planning commission noted in i • official minutes constitutes the voluntary resignation of such
absent member and the position shall be .. Tared vacant. (Ord. 160 § 1, 1979: Ord. 62 § 2 (part), 1967:
prior code § 5306.5)
2.28.110 Secretary.
The planning commission shall appoint a secr= y who need not be a member of the commission,
and who shall serve at the pleasure of the planning co • 'ssion. The secretary shall maintain an accurate
public record of the activities and official actions of the •tanning commission. The secretary shall, by
the Wednesday preceding each regular meeting of the pl. 'ng commission, cause one copy of the
agenda and reports for such meeting to be delivered to eac .tanning commissioner. (Ord. 412 § 2,
1992; Ord. 62 § 2 (part), 1967: prior code § 5306.6)
2.28.120 Duties and responsibilities.
The planning commission shall:
A. In addition to the duties and responsiblities set forth by state 1 s and local ordinances, the
planning commission shall act in an advisory capacity to the city council all matters pertaining to
the planning function;
B. Cooperate with other city boards and commissions, govemmental age ies and civic groups
in the advancement of sound planning, both within and without the city;
C. Formulate policies on planning services for recommendation to the city council:
D. Meet with the city council in April and October of each year to discuss pro.•osed policies.
programs, goals and objectives, budgeting, future planning, or any other planning matter r . uuring joint
deliberation.
E. Recommend to the city council the adoption of standards with respect to organization. onnel,
facilities, programs and financial support of the planning commission;
F. Disseminate to the public information concerning the policies and functions of the plane
(Morro Bay 5 -95)
30
•
Chapter 15.48
HARBOR ADVISORY BOARD*
Sections:
15.48.010 Established.
15.48.020 Purpose.
15.48.030 Qualifications.
15.48.040 Appointments.
15.48.050 Terms of office and vacancies.
15.48.060 Removal of members.
15.48.070 Organization.
15.48.080 Procedure.
15.48.090 Quorum.
15.48.100 Absence from meetings.
15.48.120 Staff attendance.
15.48.130 Duties and responsibilities.
'Prior history: Ords. 168. 194. 224. 246. 271 and 287.
1987)
15.48.010
There is created a harbor advisory board consisting of seven members. (Ord. 298 § I (part),
15.48.020 Purp
The purpose of th , .ard shall be to act in an advisory capacity to the city council in areas
relating to harbor activities. d. 298 § I (part), 1987)
15.48.030 Qualifications.
At least four of the members of the harbo • visory board shall be qualified electors of the city.
They shall hold no other public office in the city or . ployment in the city government and shall
serve without compensation. An attempt shall be ma. - • select one member from each of the
following interests:
A. Morro Bay Commercial Fishermens Association;
B. Waterfront Leaseholders Association;
C. Marine - oriented business;
D. Recreational boating;
E. A list of two or more individuals who reside in the Los Osos /Baywood area no ated by
the San Luis Obispo County supervisor representing the city of Morro Bay;
§ I (part),
15.48.040 Appointments.
Appointments to the harbor advisory board and the filling of vacancies shall be made by the
city council. Vacancies shall be filled for the unexpired term only. (Ord. 298 § 1 (part), 1987)
15.48.050 Terms of office and vacancies.
Members of the harbor advisory board shall serve for a period of four years beginning March.
1987. The term of office of three members shall expire on December 31. 1988 and every four years
thereafter; the term of office of two members shall expire on December 31. 1989 and every four years
thereafter; and the term of office for the two remaining members shall expire on December 31, 1990
353
• •
15.48.050
and every four years thereafter. Vacancies in the harbor advisory board occurring otherwise than by
expiration of the terms shall be filled in the manner set forth in this chapter for appointments. (Ord.
298 § I (part), 1987)
15.48.060 Removal of members.
All members of the harbor advisory board shall serve at the pleasure of the city council.
Members may be removed from office by a vote of the majority of all members of the city council.
(Ord. 298 § 1 (part), 1987)
At its first regular meeting following appointment. the members of the harbor advisory board
sha select a chairperson and vice - chairperson, both of whom shall hold office for two years and
until . uccessor is selected. The chairperson shall preside over meetings. and otherwise direct the
affairs o he board. In the absence of the chairperson, the duties of this office shall be performed by
the vice -ch: irperson. (Ord. 298 § 1 (part), 1987)
15.48.080 P 'cedure.
The harbor . visory board shall adopt rules and regulations to govern procedure and shall set
a time for regular m• rings which will be held at least once a month. (Ord. 298 § 1 (part), 1987)
15.48.090 Quorum.
The majority of the w •ole membership shall constitute a quorum. (Ord. 298 § I (pan), 1987)
15.48.100 Absence from mee 'ngs.
Absence of a member from ree consecutive meetings without the formal consent of the
harbor advisory board noted in its o cial minutes, or in the event such member shall be convicted
of a crime involving moral turpitude. institutes voluntary resignation of such member and said
position shall become vacant and shall be so declared by the city council. (Ord. 298 § I (part), 1987)
15.48.120 Staff attendance.
The harbor director or his designee shall a end meetings of the harbor advisory board and
shall maintain an accurate public record of the a tvi1ies and official actions of the board. The
harbor director shall further make such reports to th board, the city administrator, and the city
council. as directed by the city administrator. (Ord. 29 1 (pan), 1987)
15.48.130 Duties and responsibilities.
The area of responsibility of the harbor advisory board si1.gII encompass that area designated
on Map 15.48.130. codified at the end of this chapter. The powers . d duties of the harbor advisory
board shall be:
A. Advise city council in matters pertaining to: vessels and wale raft within the harbor area,
including their use, control. promotion. and operation in said harbor, •avigable waters, wharfs.
docks, piers, slips. warehouses. appliances. utilities and public -owned facilt 'es forming a pan of or
accessory to or relating to said harbor. and water commerce, navigation, or fis ry in and about said
harbor:
B. Review and recommend rules and regulations pertaining to any of the afters listed in
subsection A of this section:
C. Review and recommend rates. tolls. fees. rents. charges, or other payments to . e made for
use or operation in the harbor:
D. The board shall make reports and recommendations to the various city boards. c. . mis-
sions or the city council on matters relating to activities within the harbor when so request . to
review items referred by other city boards, commissions or the city council. Such reports and boa
354
• •
t I�0 . �F 4 l- nn � 1 °,b
mismC sA $.l(o.t61 0 >A641 WatAta
A
• •
ORDINANCE NO. 441
AN ORDINANCE OF THE CITY OF MORRO BAY AMENDING MORRO BAY
MUNICIPAL CODE SECTION 8.16.190 CHANGING SOLID WASTE COLLECTION
TIMES TO 7:00 A.M. THROUGH 7:00 P.M., MONDAY THROUGH SUNDAY,
THROUGHOUT THE CITY
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, Municipal Code Section 8.16.190 delineates certain beginning solid waste
pickup times for the City of Morro Bay; and
WHEREAS, at its December 12, 1994 meeting the City Council requested staff prepare an
amendment to Municipal Code Section 8.16.190 to change the refuse collection times to 7:00
a.m. through 7:00 p.m., Monday through Sunday, throughout the City; and
WHEREAS, at its January 9, 1995 meeting the City Council approved the first reading of
Ordinance No. 441 by number and title only; and
WHEREAS, collection times prior to 7:00 a.m. can be a disruption and annoyance to
motel patrons; and
WHEREAS, prohibition of collection prior to 10:00 a.m. on Sundays can result in
unacceptable traffic congestion; and
WHEREAS, it is in the public benefit to have consistent and equitable collections times
with all zoning districts having the same requirements; and
WHEREAS, the referenced change in refuse collection times provides fairness and equity
on a community -wide basis.
NOW, THEREFORE, the City Council of the City of Morro Bay does hereby ordain as
follows:
I. In accordance with Government Code Section 36937 the City Council does make
each and all of the listed findings and statements set forth above.
II. Municipal Code Section 8.16.190 is hereby amended to read as follows:
8.16.190
Time of collection.
Ordinance No. 441
Page 2
•
Sunday-- inclusive. Throughout the city refuse collection times
shall be from seven a.m. through seven p.m., Monday, through
Sunday. (Ord. 441, 1995)
Introduced at the regular meeting of the City Council of Morro Bay held on the 9th day of
January 1995 by motion of Councilmember Unger and seconded by Councilmember Anderson.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting thereof held on the 23rd day of January, 1995 by the following roll call vote:
AYES: Anderson, Crotzer, Novak, Unger, Yates
NOES: None
ABSENT: None
ABSTAIN: None
Attest:
BRIDGETT i_ AUER, City Clerk
LC:C:LYNN:ORD44IC
CAOLA4A4°C't ° gl*IJCAlajb tAlrnd
7k(ikRJAh. a60A $RaL Co Wtka.t
• •
ORDINANCE NO. 440
AN ORDINANCE AMENDING CHAPTER 13.04 OF THE MORRO BAY MUNICIPAL CODE TO
ESTABLISH WATER RATE SCHEDULE FOR LICENSED HEALTH CARE FACILITIES
BE IT ORDAINED by the City of Morro Bay that Chapter 13.04 of the Morro Bay Municipal Code
entitled Water Service and Rates' is hereby amended to read as follows:
Section 13.04.020 Definitions: Add Subsection "K"
K. Licensed Health Care Facility. "Licensed Health Care Facility" means, for the sole
and exclusive purpose of this chapter, any facility meeting the definition of a "health
facility" set forth in Section 1250 of the State of California Health and Safety Code.
This definition shall also include any "residential care facility" as defined under Section
1502(a)(1) of the State of California Health and Safety Code and any "rest home" as
defined in Section 17.12.512 of the Morro Bay Municipal Code so long as all of these
facilities are located on the same property, are under common ownership and are served
by the same water meter or meters as a "health care facility" as defined by Health and
Safety Code Section 1250.
Section 13.04.220 Rates for Service and Deposits: Add Subsection "C"
C. The city council shall, in the Master Fee Schedule, establish the rates which will be
charged for water service to licensed health care facilities.
Introduced at a regular meeting of the City Council of the City of Morro Bay held on the 1 lth day of
July, 1994 by motion of Councilmember Unger and seconded by Councilmember Luna.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof
held on the 25th day of July , 1994 by the following roll call vote:
AYES: Crotzer, Luna, Mullen, Unger, Yates
NOES: None
ABSENT: None
ATTEST:
BRIDGET 1 AVIS, City Clerk
VEDA TO F
ra
DAVID R. HUNT, City Attorney
WFB/LC:C:BILL:ORD440
L3A0AAA
WILLIAM YATES
• •
ORDINANCE NO. 438
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY MAKING
FINDINGS AND ADOPTING A TROLLEY OPERATIONS AND MAINTENANCE FEE
ORDINANCE
T H E CITY COUNCIL
City of Morro Bay California
The City Council of the City of Morro Bay does ordain as follows:
Section 1. The Council does hereby make the following findings:
A. The City Council did on the 9th day of May, 1994 conduct a duly noticed
PUBLIC HEARING to consider the staff report and testimony of all interested persons.
B. Based on such staff report and testimony, the City Council has determined that
certain areas of the city's waterfront district suffer from a shortage of parking and related
congestion problems and would therefore benefit from the operation of a trolley which would
permit tourists and others to visit the waterfront without their vehicles.
C. The City Council has further determined that certain areas of the city's uptown
area do not have access to the city's waterfront district due to the parking shortage and related
congestion problems and would therefore benefit from the operation of a trolley which would
permit persons in the uptown area to visit the waterfront district without their vehicles.
D. The City Council has further determined that tourists visiting the city's waterfront
district often do not visit the city's uptown area because of lack of access thereto and/or lack of
knowledge as to the many commercial establishments located in the uptown area and further
determines that the uptown area would therefore benefit from increased business activity due to
the operation of a trolley connecting the waterfront district with the uptown area.
E. In order to confirm the economic feasibility of the trolley, the City Council has
established a pilot program, whereby a trolley will operate along certain designated routes within
the city during the summer and early fall months of 1994. The routes
and dates of operation shall be set by the City Council by resolution.
F. In consideration for the benefits conferred upon them by the operation of the
trolley as set forth above, those businesses within one lineal block walking distance of the
designated routes shall pay a fee to cover a portion of the actual costs of operating and
maintaining the trolley.
NOW, THEREFORE, BE IT HEREBY ORDAINED by the City Council of the City of
Morro Bay that Title 5 of the Municipal Code be amended as follows:
Section 2: A new Chapter 5.14 shall be added to Title 5 as follows:
• •
Chapter 5.14
Trolley Operations and Maintenance Fee
5.14.010 Findings.
A. The city council did on the 9th day of May, 1994 conduct a duly noticed public
hearing to consider the staff report and testimony of all interested persons.
B. Based on such staff report and testimony, the city council has determined that
certain areas of the city's waterfront district suffer from a shortage of parking and related
congestion problems and would therefore benefit from the operation of a trolley which would
permit tourists and others to visit the waterfront without their vehicles.
C. The city council has further determined that certain areas of the city's uptown area
do not have access to the city's waterfront district due to the parking shortage and related
congestion problems and would therefore benefit from the operation of a trolley which would
permit persons in the uptown area to visit the waterfront district without their vehicles.
D. The city council has further determined that tourists visiting the city's waterfront
district often do not visits the city's uptown area because of lack of access thereto and/or lack of
knowledge as to the many commercial establishments located in the uptown area and further
determines that the uptown area would therefore benefit from increased business activity due to
the operation of a trolley connecting the waterfront district with the uptown area.
E. In order to confirm the economic feasibility of the trolley, the city council has
established a pilot program, whereby a trolley will operate along certain designated routes within
the city during the summer and early fall months of 1994. The routes
and dates of operation shall be set by the city council by resolution.
F. In consideration for the benefits conferred upon them by the operation of the
trolley as set forth above, those businesses within one lineal block walking distance of the
designated routes shall pay a fee to cover a portion of the actual costs of operating and
maintaining the trolley.
5.14.020 Payment of fee.
Every person transacting and carrying on a business within one lineal block walking
distance of the designated routes shall pay a fee for operation and maintenance of the trolley in
accordance with the Master Fee Schedule as modified from time to time by resolution of the city
council. All such trolley operations and maintenance fees shall be due and payable in advance of
the first day of July each -year.
5.14.030 Separate fees.
A separate fee must be paid by each branch establishment or location within one lineal
block walking distance of the designated routes. If two or more businesses are conducted on the
• •
same premises by one person, and the employees are employed by and serve all businesses so
located, only one trolley operations and maintenance fee shall be levied.
5.14.040 Exemptions.
The provisions of this chapter shall not be deemed or construed to require the payment of
a trolley operations and maintenance fee by any charitable or nonprofit organization, as described
in Section 5.04.090 of the code, or any disabled veteran, as described in Section 5.04.100 of the
code. Any person claiming an exemption pursuant to this Section shall file a verified statement
with the collector stating the facts upon which the exemption is claimed. The collector, after
giving notice and a reasonable opportunity for hearing to such person, may require payment of the
trolley operations and maintenance fee upon information that such person is not entitled to the
exemption as provided herein.
5.14.050 Expiration.
The provisions in this chapter shall expire at midnight on June 30, 1995, unless renewed or
extended by action of the city council.
Section 3: This Ordinance shall take effect thirty days after its adoption.
Introduced at a regular meeting of the City Council of Morro Bay held on the 9th day of
May, 1994, by motion of Councilmember Luna and seconded by Councilmember Crotzer.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting held on the 23rd day of May, 1994, by the following roll call vote:
AYES: Crotzer, Luna, Mullen, Unger, Yates
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
BRIDGE DAVIS, City Clerk
OVED - TO t RM:
DA ID R. HUNT, City Attorney
cmbcty. adm/trol ley. doc
• •
kW* Costa&
• ORDINANCE NO. 437
•
AN ORDINANCE OF THE CITY OF MORRO BAY
AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF
ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE CITY COUNCIL 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 hereby ordain as
follows:
Section 1: That an amendment to the contract between City Council of
the City of Morro Bay and the Board of Administration, California
Public Employees' Retirement System is hereby authorized, a copy of
said amendment being attached hereto, marked Exhibit, and by such
reference made a part hereof as though herein set out in full.
Section 2: The Mayor of the City of Morro Bay is hereby authorized,
empowered and directed to execute said amendment for and on behalf of
the City of Morro Bay.
Section 3: This Ordinance shall take effect 30
its adoption and prior to the expiration of 15
thereof shall be published at least once in
newspaper of general circulation, published and
of Morro Bay and thenceforth and thereafter the
force and in effect.
days after the date of
days from the passage
the Sun Bulletin, a
circulated in the City
same shall be in full
INTRODUCED at a regular meeting of the City Council
Morro Bay, held on the 11 day of April, 1994
Councilmember Luna and seconded by
Crotzer
PASSED AND ADOPTED by the City Council of the City of
regular meeting held thereof on the 9th day of May
by the following roll call vote:
of the City of
by motion of
Councilmember
Morro Bay at a
, 1994
AYES: Crotzer, Luna, Mullen, Unger, Yates
NOES: None
ABSENT: None
ATTEST:
DAVIS,, City Clerk
OVED S TO A ORM:
WILLIAM YAT S, Mayo
DAVID HUNT,
y Attorney
• •
ORDINANCE NO. 436
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY
ANNOUNCING FINDINGS AND ADOPTING AMENDMENTS TO TITLE 12, CHAPTER
12.08 OF THE MORRO BAY MUNICIPAL CODE
THE CITY COUNCIL
CITY OF MORRO BAY, CALIFORNIA
The City Council of the City of Morro Bay does ordain as follows:
Section 1.
WHEREAS, the City Council did on the 14th day of March, and on the 28th day of
March 1994 conducted duly noticed PUBLIC HEARINGS and accepting all public comments, if
any, and;
WHEREAS, the City Council hereby makes the following findings:
1. The existing ordinance does not provide for adequate protection and preservation of the urban
forest in City street rights -of -way; and
2. This lack of protection is a contributing factor to the removal of a number of mature trees in
said rights -of -way; and
3. Protection and preservation of trees is in the best interest of the public health and welfare; and
4. Amendments to the existing ordinance as set forth in Section 2 are necessary to correct the
above - listed deficiencies.
NOW, THEREFORE, BE IS HEREBY ORDAINED by the City Council of the City of
Morro Bay that Title 12 of the Municipal Code be amended as follows:
SECTION 2: Chapter 12.08 of the Morro Bay Municipal Code shall be revised to incorporate
additions to read as follows:
Ordinance No. 436
12.08.020 Definitions.
• •
• Add subsection F. "Drip line" is the shape drawn on the soil or ground surface
around a tree which is directly under its outermost branch tips, exclusive of the influence of
mechanical trimming.
12.08.060 Tree care, planting, removing and replacement.
• Add: "In addition to any measures allowable by the laws of the State of California,
any person, persons, corporations or similar parties which perform, direct or otherwise cause
to be performed, any trimming, cutting, pruning, spraying, moving or removing of any tree, or
portions thereof without having first obtained a written permit from the director of public
works, or failing to comply with any terms of said permit, shall pay to the city a fee based
upon tree valuation criteria established by the International Society of Arboriculture (ISA).
This fee shall be calculated by the director of public works based upon the most current ISA
criteria and shall further acknowledge the environmental benefits afforded by the urban
forest
Any and all fees collected by the city from the requirements of this Section shall be
deposited and used for the sole and exclusive purposes of propagation, maintenance, and
nurturing of trees on public streets of the city. (Ord § 1 (part), 1994) (Ord 45 § 1 (part),
1966: prior code § 9507)
12.08.070 Tree removal cause.
• Line 2, delete: "if the tree ".
• Lines 2 and 3: after words "person or property", add: "outside the drip line of the
tree at maturity".
• Lines 3 and 4: after word "determined ", delete "to be hazardous," replace with "to
meet the above criteria".
12.08.100 Replanting the tree after removal.
• Line 1, after the word "at ", delete" "his ", replace with "their own".
12.08.120 Business permit to trim, brace, or remove trees.
• Delete first sentence. Replace with following: "No person shall be entitled to apply
for a permit under section 17.08.060 other than an owner of property abutting the portion of
the street upon which a tree is located and on the same side of the centerline of the street as
Ordinance No. 436
• •
the tree which is the subject of the permit application or a public utility. No person may
perform any act pursuant to a permit issued under section 12.0 &060 except a person whose
principal business is tree surgery, trimming or maintenance and who, in the opinion of the
director of public works, is qualified for such business, and who has obtained a permit to
carry on such business in the city from the director of public works."
SECTION 3: This Ordinance shall take effect immediately and automatically.
Introduced at a regular meeting of the City Council of Morro Bay held on the 14th day of March,
1994, by motion of Councilmember Crotzer and seconded by Councilmember Luna.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting held thereof on the 28th day of March, 1994, by the following roll call vote:
AYES: Yates, Mullen, Luna, Crotzer, Unger
NOES: None
ABSENT: None
ATTEST:
BRIDGE DAVIS, City Clerk
RO D AS( O FORM:
•
DAVID H. HUNT, ity Attorney
WTB/LC:X:ORD
\�
WILLIAM YATES, Ma
• •
12.08.010
Chapter 12.08
TREES"
Sections:
12.08.010 Purpose.
12.08.020 Definitions.
12.08.030 Enforcing authority.
12.08.040 Master tree list.
12.08.050 Powers of director of public works.
12.08.060 Tree care, planting, removing and replacement.
12.08.070 Tree removal cause.
12.08.080 Tree removal by owner.
12.08.090 Tree removal cost and replacement.
12.08.100 Replanting tree after removal.
12.08.110 Utility permit to trim, brace or remove trees.
12.08.120 Business permit to trim, brace or remove trees.
12.08.130 Tree destruction or attachments prohibited.
12.08.140 Inspection by director of pubic works.
12.08.150 Appeal- Hearing.
For statutory provisions regarding municipal programs of street tree plantings, see Gov. Code § 40401.
12.08.010 Purpose.
It is for the best interest of the city and of the citizens and public thereof that a comprehensive plan for the
planting and maintenance of trees in, or which may overhang, public streets within the city should be developed
and established; and that this chapter is adopted for the purpose of developing and providing for such a plan and
program, and for the purpose of establishing rules and regulations relating to the planting, care and maintenance of
such trees. (Ord. 45 § 1 (part), 1966: prior code § 9501)
12.08.020 Definitions.
A. "Director of public works" means the director of public works of the city.
B. "Owner" includes the legal owner of real property fronting on any street of the city, and any lessee of
such owner.
C. "Person" means an individual, firm, an association, a corporation, a copartnership, and the Iescers,
trustees, receivers, agents, servants and employees of any such person.
D. "Planning commission" means the planning commission of the city.
E. "Public streets" or "streets" includes all roads, streets, avenues, boulevards, alleys, parkways, sidewalks,
walkways and public rights -of -way, or any portion thereof, of the city.
F. "Drip line" is the shape drawn on the soil or ground surface around a tree which is directly under its
outermost branch tips, exclusive of the influence of mechanical trimming. Ord. § 1 (part) 1994: (Ord. 45 § 1
(part), 1966: prior code § 9502)
12.080. 030 Enforcing authority.
The director of public works or his duly authorized representative, shall be charged with the enforcement
of this chapter. Ord. 45 § 1 (part), 1966: prior code § 9504)
12.08.040 Master tree list.
The planning commission is charged with the duty of determining the types and species of trees suitable
and desirable for planting within the city, and the areas in which such trees shall be planted. Such determination
shall be made by the planning commission who may consult with those familiar with the subject of such plantings,
such as landscape architects, arborists, nurserymen and park executives. After such determination has been made,
the planning commission shall report its findings in writing to the city council.
• •
12.08.040
When approved by the city council, said report, to be known as the master tree list, shall be placed on file in the
office of the city clerk, and shall thereafter be the official determination of the planning commission. Revisions or
changes in the master tree list may be made from time to time by the planning commission, in the manner
described in this section for the development, approval and filing of the original master tree list.
All trees planted in the public streets of the city after the filing of the original master tree list must be as
specified on the master tree list, unless a written permit from the director of public works shall have first been
obtained to deviate from said list. Such permit may be granted by the director of public works only upon his
obtaining approval therefor from the planning commission. See Master Fee Schedule. (Ord. 225 § 50, 1982; Ord.
45 § 1 (part), 1966: prior code § 9505)
12.08.050 Powers of director of public works.
The director of public works shall have jurisdiction and control of the planting, setting out, location and
placement of all trees in the public streets of the city, and shall likewise have supervision, direction and control of
the care, trimming, removal , relocation and replacement thereof. (Ord. 45 § 1 (part), 1966: prior code § 9506)
12.08.060 Tree care, planting, removing and replacement
No person other than the director of public works or his duly authorized agent or deputy shall cut, trim,
prune, spray, brace, plant, move or remove, or replace any tree in any public street within the city, or shall cause
the same to be done, unless and until a written permit has been first obtained from the director of public works.
Any such permit may be declared void by the director of public works if its terms are violated.
In addition to any measures allowable by the laws of the State of California, any person„ persons.
corporations or similar parties which perform, direct or otherwise cause to be performed, any trimming, cutting .
pruning, spraying, moving or removing of any tree, or portions thereof without having first obtained a written
permit from the director of public works, or failing to comply with any terms of said permit, shall pay to the city a
free as restitution for damage caused based upon tree valuation criteria established by the International Society of
Arboriculture t7SA). This fee shall be calculated by the director of public works based upon the most current ISA
criteria and shall further acknowledge the environmental benefits afforded by the urban forest. The fee shall be in
addition to any fine imposed.
Any and all fees collected by the city from the requirements of this Section shall be deposited and used
for the sole and exclusive purposes of propagation, maintenance and nurturing of trees on public streets of the
city, (Ord. § 1 (part), 1994) (Ord. 45 § 1 (part), 1966: prior code § 9507)
12.08.070 Tree removal cause.
No tree shall be removed from any public street unless it interferes with the necessary improvement of the
street, the installation of public utilities or is a hazard to person or property outside the drip line of the tree at
maturity. If in the opinion of the director of public works, a tree is determined to meet the above criteria, the tree
shall be removed and a new tree planted, of the type specified in the master tree list for that particular location, and
the cost of removal and replacement shall be at the expense of the city. (Ord. § 1 (part), 19941 (Ord. 45 § 1
(part), 1966: prior code § 9508)
12.08.080 Tree removal by owner.
Any person desiring to remove a sound, healthy tree from any public street abutting his property shall
submit to the director of public works a petition signed by a majority of property owners on the public street on
which such tree is situated and within a lateral distance of two hundred feet from the tree. Such petition shall
specify the reason for requesting removal of such tree. After receipt by the director of public works of such
petition, the director of public works shall investigate the petition and, within fifteen days after receipt of such
petition, shall report his findings to the planning commission. The planning commission shall consider the
petition, the report of the director of public works and other evidence desired by it, and shall, in its sole discretion,
grant or deny permission to remove said tree. The grant by the planning commission of such permission may be
upon conditions deemed appropriate by the planning commission. See Master Fee Schedule, (Ord. 225 § 51,
1982; Ord. 45 § I (part), 1966: prior code § 9509)
• •
12.08.090 Tree removal cost and replacement.
In the event a permit is issued for the removal of a tree, all costs of the removal shall be at the expense of
the petitioner; and all street surfaces, curbs, gutters and sidewalks subject to displacement, removal or damage by
such tree removal, shall be replaced in a condition acceptable to the director of public works, who may, prior to the
removal of such tree, require a performance bond in an amount equal to the cost of possible damages to public
streets and/or structures from the proposed tree removal activities. (Ord. 45 § 1 (part, 1966: prior code § 9510)
12.08.100 Replanting tree after removal.
Any person removing a tree under the provisions of Sections 12.08.080 and 12.08.090 shall, at their own
expense and within fifteen days after such removal, plant another tree of the type and species specified in the
master tree list for such area in a location designated by the director of public works. If such person fails to plant
the other tree or to comply with the requirements of this section within the time specified, the director of public
works may perform such tasks as are required, and the cost thereof shall be assessed to such person. This remedy
is in addition of all other measure, including punitive measures, available to city arising out of such
noncompliance. (Ord 45 § 1 (part), 1966: prior code § 9511)
12.08.110 Utility permit to trim, brace or remove trees.
Any person doing business as a public utility subject to the jurisdiction of the Public Utilities Commission
of the state and any constituted public agency authorized to provide, and providing utility service, shall be given a
permit from the director of public works valid for one year from the date of issuance, permitting such person to
trim, brace, remove or perform such other acts with respect to trees growing adjacent to the public streets of the
city, or which grow upon private property to the extent that they encroach upon such public streets as may be
necessary to comply with the safety regulations of the commission and as may be necessary to maintain the safe
operation of its business. See Master Fee Schedule (Ord. 225 § 52, 1982; Ord. 45 § 1 (part), 1966: prior code §
9512)
12.08.120 Business permit to trim, brace or remove trees.
No person shall
be entitled to apply for a permit under Section 12.08.060 other than an owner of property abetting the portion of
the street upon which a tree is located and on the same side of the centerline of the street as the tree which is the
subject of the permit application or a public utility. No person may perform any act pursuant to a permit issued
under Section 12.08.060 except a person whose principal business is tree surgery, trimming or maintenance and
who, in the opinion of the director of public works, is qualified for such business, and who has obtained a permit
to carryon such business in the city from the director of public works. Permits issued pursuant to this section may
be granted for a period of one year from the date of issuance. See Master Fee Schedule. (Ord. 436 6 1 (part)
1994) (Ord. 225 § 53, 1982; Ord. 45 § 1 (part), 1966: prior code § 9513)
12.08.130 Tree destruction or attachments prohibited.
It is unlawful for any person to break, injure, deface, mutilate, kill or destroy any tree or set fire or permit
any fire to burn where such fire or the heat thereof will injure any portion of any tree in any public street in the
city, nor shall any person place, apply, attach or keep attached to any such tree or to the guard or stake intended for
the protection thereof any wire, rope or other than one used to support a young or broken tree, sign, paint or any
other substance, structure, thing or device of any kind of nature whatsoever, without having first obtained a written
permit from the director of public works to do so. See Master Fee Schedule. (Ord. 225 § 54, 1982; Ord. 45 § 1
(part), 1966; prior code § 9514)
12.08.140 Inspection by director of public works.
The director of public works may inspect any tree adjacent to or overhanging any public street in the city
to determine whether the same or any portion thereof is in such a condition as to constitute a hazard or impediment
• •
12.08.140
to the progress or vision of anyone traveling on such public street. Any tree or part thereof growing upon private
property, but overhanging or interfering with the use of any street that, in the opinion of the director of public
works, endangers the life, health, safety, or property of the public shall be declared a public nuisance. If the owner
of such private property does not correct or remove such nuisance within ten days after receipt of written notice
thereof from the director of public works, he shall cause the nuisance to be corrected or removed and the cost shall
be assessed to such owner.
Nothing contained herein shall be deemed to impose any liability upon the city, its officers, or employees,
nor to relieve the owner of any private property from the duty to keep any tree upon his property or under his
control in such a condition as to prevent it from constituting a public nuisance as defined in this chapter. (Ord. 45
§ 1 (part), 1966: prior code § 9515)
12.08.150 Appeal - Hearing.
Any person aggrieved by any act or determination of the director of public works in the exercise of the
authority herein granted shall have the right of appeal to the city council whose decision, after public hearing of
said matter, shall be final and conclusive. (Ord. 45 § 1 (part), 1966: prior code § 9516).
dr:stc:muni 1208
ORDINANCE NO. 435
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY
ANNOUNCING FINDINGS AND ADOPTING AMENDMENTS THE MORRO BAY
MUNICIPAL CODE
CHAPTER 13.20.080 B.1 AND B.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 as follows:
SECTION 1. The Council does hereby make the following findings:
1. The City Council on February 14, 1994 did hold a duly
noticed PUBLIC HEARING to consider the staff report and
testimony of all interested persons; and
2. The Environmental Coordinator has reviewed the project and
has determined it to be exempt for the purposes of the
California Environmental Quality Act (CEQA), and no further
documentation is deemed necessary.
NOW, THEREFORE, BE IT HEREBY ORDAINED by the City Council of
the City of Morro Bay that Title 13.20.080 of the Municipal Code
be amended as follows:
SECTION 2: Chapter 13.20.080 B.1. and B.2. are amended to read
as follows:
13.20.080 Allocation of water equivalency units to projects
B. The following types of projects shall not be required to
obtain equivalencies through the equivalency program:
1. Projects which involve the demolition of a building where
the number of water equivalencies required by the new uses
is less than or equal to those credited to the demolished
building(s). Water equivalencies credited to demolished
buildings shall be limited to the highest number of water
equivalencies credited to legally permitted uses which have
existed in the building since January 1, 1977, based upon
the most current water equivalency table contained in
Section 13.20.070 of the Morro Bay Municipal Code. Any
building demolished prior to January 1, 1977 shall not be
credited with equivalencies. "Legally permitted" buildings,
uses or occupancies shall mean; any building, use or
occupancy for which any required use permit, building permit
or business license had been secured and validated, or any
legal non- conforming use.
2. Projects which involve the replacement of a use or occupancy
where the number of water equivalencies required by the new
Ordinance No. 435
Page Two
• •
use or occupancy is less than or equal to those credited to
the highest number of water equivalencies credited to
legally permitted, non - temporary uses, which have existed in
the building since January 1, 1977, based upon the most
current water equivalency table contained in Section
13.20.070 of the Morro Bay Municipal Code. Any use or
occupancy discontinued prior to 1977 shall not be credited
with equivalencies;
Introduced at a regular meeting of the City Council of Morro
Bay, held on the 14th day of February, 1994, by motion of
Councilmember Luna and seconded by Councilmember Unger.
PASSED AND ADOPTED by the City Council of the City of Morro
Bay at a regular meeting held thereof on the 28th day of February
1994, by the following roll call vote:
AYES: Crotzer, Luna, Mullen, Unger and Yates
NOES: None
ABSENT: None
ATTEST:
BRIDGE
VED[
DAVI HUNT, Cit' Attorney
DAVIS, City Clerk
• •
ORDINANCE NO. 434
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY,
CALIFORNIA AMENDING CHAPTER 7.16.040 OF THE MORRO BAY MUNICIPAL
CODE RELATING TO PROHIBITIONS OF PIGS, HOGS AND SWINE.
The City Council does ordain as follows:
Section 1.
WHEREAS, The City Council finds and determines that
amendments to Title 7 of the Morro Bay Municipal Code (MBMC)
specifically, §7.16.040, to allow for the keeping of
domesticated miniature pot - bellied pigs and other pygmy
livestock have been processed in accordance with State law and
City ordinances and regulations and that such amendments are
in the public interest.
Section 2.
Chapter 7, §7.16.040 of the Morro Bay Municipal Code
shall be amended as follows:
7.16.040 KEEPING OF PYGMY LIVESTOCK
Pygmy livestock may be kept or maintained upon any premises
subject to the following regulations:
A. Male pygmy livestock must be neutered before they reach
sexual maturity.
B. Pygmy livestock shall be subject to the leash law.
C. Persons keeping pygmy livestock must obtain a permit from
the City.
D. No person or persons may own, harbor, or maintain or cause
to be maintained more than two pygmy animals at any
dwelling within the city.
• •
Section 3.
This ordinance shall take effect and be in full force and
effect thirty (30) day after its passage.
INTRODUCED at a regular meeting of the City Council held on
December 9, 1993. PASSED and ADOPTED by the City Council of the
City of Morro Bay, State of California, on the 10th day of January
1994, by the following vote;
AYES Crotzer, Luna, Mullen, Unger, and Yates
NOES None
ABSENT None
ATTEST
Bridget Davis, City Clerk
APPROVED AS TO F
RM:
William Yates,
David Hunt, City Attorney
• •
ORDINANCE NO. 433
AN ORDINANCE OF THE CITY OF MORRO BAY
AMENDING SECTION 13.20.100 REGARDING ALLOWING THE TRANSFERABILITY
OF WATER EQUIVALENCY UNIT CREDITS ON A PROPERTY FROM AN EXISTING
OWNER TO A NEW PROPERTY OWNER
T H E C I T Y C O U N C I L
City of Morro Bay, California
The City Council of the City of Morro Bay does hereby ordain
as follows:
Section 1: The Council does hereby make the following findings:
1. Transfers of ownership are consistent with both the
General Plan and the Local Coastal Plan, and
2. Water equivalency unit credits are tied to the property
and not to the owner of the property and
3. The City Council held two noticed public hearings
regarding the change in policy to allow transfers of property on
the Residential Waiting List on August 9 and September 27, 1993.
Section 2:
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
City of Morro Bay that Title 13.20 of the Municipal Code be
amended as follows:
13.20.100 Nontransferability of water equivalency units.
A. A water equivalency unit shall be awarded only to a
specific project in a specific location. Minor amendments to
projects which do not change the type or intensity of use may be
approved without loss of equivalencies so long as the project and
site do not change.
B. A water equivalency unit that has been allocated to a
specific project cannot be transferred to another project or
property.
C. A project proponent must be the record owner of a
property in order to be eligible to obtain water equivalencies.
D. Equivalencies shall run with the project and the
property. New owners of properties which have received water
equivalency unit credits shall notify the City within 45 days of
close of escrow. (Ord 377 Section 2 (part), 1990; Ord 291 Exh. A,
1986: Ord. 265 (part), 1985)
E. The limitations outlined in this Section shall be
effective as of September 27, 1993.
1
ORDINANCE NO. 433
• •
INTRODUCED at a regular meeting of the City Council of the
City of Morro Bay, held on the 25th day of October, 1993 by
motion of Councilmember Mullen
and seconded by Councilmember Luna
PASSED AND ADOPTED by the City Council of the City of Morro
Bay at a regular meeting held thereof on the 8th day of
November 1993 by the following roll
call vote:
AYES: Luna, Mullen, Unger, and Yates
NOES: Crotzer
ABSENT: None
ATTEST:
BRIDGE T,'� DAVIS, City Clerk
OVED AS TO FO, :
DAVID HUNT, City Attorney
2
•
•
.
4b2_ 5.20 ct' ` Mont
• •
City of Morro Bay
ORDINANCE 432
A Ordinance of the City Council of the City of Morro Bay Deleting Chapter 5.20 From the Morro
Bay Municipal Code
The City Council
City of Morro Bay, California
WHEREAS, the City Council has demonstrated its desire to reduce redundant and overlapping
regulation; and
WHEREAS, the City and the County of San Luis Obispo entered into a contract for the regulation of
ambulance services countywide in 1976; and
WHEREAS, the County developed a system known as the Emergency Medical Response Manual to
regulate ambulance service areas and rates; and
WHEREAS, the San Luis Obispo County Board of Supervisors passed and adopted the revised
Chapter 6.60 of the County Code on 3 August 1993; and
WHEREAS, the revised Chapter 6.60 provides for the concerns and needs of the City through the
development of an Ambulance Operations /Performance Committee (APOC) which acts in an advisory
capacity to the Board of Supervisors.
Code.
NOW, THEREFORE, the City of Morro Bay City Council does hereby ordain:
Section 1. Chapter 5.20, Ambulances, is hereby deleted in its entirety from the Morro Bay Municipal
Introduced at a regular meeting of the City Council of Morro Bay on the 13th day of September, 1993.
PASSED, APPROVED AND ADOPTED by the City of Morro Bay City Council at a regular meeting
thereof held on the 27th day of September 1993 by the following roll call vote:
AYES:
NOES:
ABSENT:
ATTEST.
WILLIAM YATES, Mayor
.. GOMM frefFTS110,0412.
• •
5.20.010
Chapter 5.20
AMBULANCES*
Sections:
5.20.010 Definitions.
5.20.020 Ambulance operator's license required.
5.20.030 Application for license.
5.20.040 Issuance of license.
5.20.050 License fee.
5.20.060 Identifying markers.
5.20.070 License and /or permit exemptions.
5.20.080 Changes in partnership or in officers of corporation.
5.20.090 Inspection of records.
5.20.100 Insurance required.
5.20.110 Condition of ambulance — Supplies required.
5.20.120 Additional equipment for radio dispatched ambulances.
5.20.130 Inspection of ambulances.
5.20.140 Radio dispatching.
5.20.150 Procedure for police dispatched ambulances.
5.20.160 Exceeding speed limits.
5.20.170 Use of sirens or emergency lights.
5.20.180 Speed restricted.
5.20.190 Speed at intersections.
5.20.200 Driver's permit— Required.
5.20.210 Driver's permit — Application.
5.20.220 Attendant's permit— Required.
5.20.230 Attendant's permit — Application.
5.20.240 Determination of qualifications of drivers and attendants.
5.20.250 First aid training.
5.20.260 Revocation of driver's and attendant's permits.
5.20.270 Revocation of operator's license.
For statutory provisions regarding licensing and regulation of ambulances. see Veh. Code § 2510 et seq.
5.20.010 Definitions.
The following words and phrases are defined as follows for the purpose of this chapter.
A. "Ambulance" means every motor vehicle used, designed or redesigned for the transporta-
tion of sick or injured persons for emergency or routine service.
B. "Ambulance operator" means the person, partnership or corporation holding a city
ambulance operator's license.
C. "Attendant's permit" means a city ambulance attendant's permit.
D. "Chief of police" means the chief officer of the city police department.
E. "Direct call" means a request for emergency ambulance service made by telephone or other
means directly to the holder of an ambulance permit, his agents or employees.
F. "Driver's permit" means a city ambulance driver's permit.
G. "Emergency ambulance" means an ambulance used, designed or redesigned for the
purpose of transporting the sick or injured, the rendering of first aid, or the performance of rescue
work while the vehicle is being operated-under emergency circumstances.
H. "Emergency circumstances" means the existence of circumstances in which the element of
time in transporting the sick or injured for medical treatment is essential to the health or life of such
person.
89
• •
5.20.040
B. That the applicant proposes to maintain a sufficient number of ambulances with adequate
personnel and equipment to efficiently provide for the safety and welfare of the citizens of the city
under the terms and provisions hereof. Such license shall be conditioned upon the maintenance by
the applicant of the number of ambulance units that may, from time to time, be prescribed by the
city and that each ambulance be manned by at least one driver and one attendant;
C. That insurance policies as required by this chapter have been procured;
D. That the applicant and all attendants and drivers are fit and proper persons to conduct or
work in the proposed business;
E. That all the requirements of this chapter. the laws of the state and all other governing laws
and ordinances have been met. (Ord. 55 § 1 (part), 1966: prior code § 11504)
5.20.050 License fee.
The fee for an ambulance operator's license is listed in the Business License Rate Schedule. All
ambulance licenses shall terminate on December 31 of each year. Such licenses may be renewed by
paying the license fee before the termination date. When a new license is issued after January 1 of any
license year, the fee shall be prorated on a quarterly basis. (Ord. 285 § 2 (part), 1986: Ord. 225 § 22,
1982; Ord. 55 § I (part), 1966: prior code § 11505 (part))
5.20.060 Identifying markers.
The city will furnish identifying markers for each authorized ambulance and such markers
shall be affixed on or in the vicinity of the rear license plates of such vehicles. All ambulances shall
have prominently displayed on both exterior sides thereof the name of the ambulance service. (Ord.
55 § I (pan), 1966: prior code § 11505 (part))
5.20.070 License and /or permit exemptions.
Licenses and /or permits shall not be required for the operation of ambulances or for
ambulance drivers or attendants under the following conditions:
A. Ambulances rendering assistance to ambulances holding current valid licenses in the case
of a major catastrophe or emergency with which the ambulances holding current valid permits are
insufficient or unable to cope;
B. Ambulances operated from a location or headquarters outside of the city limits which are:
I. Transporting patients who are picked up outside of the limits of the city to locations within
the city,
2. Transporting patients who are picked up outside of the limits of the city, through the city, to
locations outside the limits of the city. (Ord. 55 § 1 (part), 1966: prior code § 11506)
5.20.080 Changes in partnership or in officers of corporation.
All changes in the partnership or in the officers of the corporation which holds an ambulance
operator's license shall be reported to the chief of police within ten days after such change and the
new partners or new officers shall individually file applications certifying to their individual
qualifications within such time. Failure to do so is cause for suspension of the operator's license
during the time that such partners or officers fail to comply with this requirement. (Ord. 55 § 1 (part),
1966: prior code § 11507(1))
5.20.090 Inspection of records.
The books and records of the holder of an operator's license shall be open for inspection by the
chief of police and personnel of his department at reasonable hours. (Ord. 55 § 1 (part), 1966: prior
• code § 11507(2))
5.20.100 Insurance required.
Before an ambulance operator's license is granted, or before any renewal thereof, the applicant
seeking the license renewal shall provide evidence that he has in full force and effect a public liability
insurance policy on each ambulance, such insurance policy to be issued by an insurance company
licensed to do business in the state.
91
• •
5.20.110
j. One box cleansing tissue
i. All first aid kits shall be filled with the articles listed above or a substitute of like quality and
quantity
ii. All first aid kits shall be refilled regularly enough to be kept at ninety percent strength and
shall also be checked periodically for empty boxes and defective materials
iii. All materials in the first aid kit shall be kept in a suitable container with a watertight gasket.
(Ord. 55 § 1 (part), 1966: prior code § 11509)
5.20.120 Additional equipment for radio dispatched ambulances.
In addition to the requirements set out for the condition of the ambulance and required
equipment and supplies set out in Section 5.20.110, ambulances shall be equipped with a two -way
radio in proper working order and capable of receiving and transmitting voice messages on a
frequency lawfully designated and licensed by the Federal Communications Commission. (Ord. 55 §
1 (part), 1966: prior code § 11510)
5.20.130 Inspection of ambulances.
The police department shall cause all ambulances to be inspected before being placed in
service and shall thereafter inspect such ambulances not less than once each six months. In addition,
the police department shall inspect all ambulances from time to time on a spot inspection basis. In
the event an ambulance fails to pass an inspection. or in the event inspection thereof is refused, or
not allowed, the chief of police shall notify the dispatcher to withhold dispatching privileges from
the ambulance operator until the vehicle has passed inspection. In addition, the chief of police may
request a hearing before the city council to suspend or revoke his license.
The inspections provided for in this section may also be made by personnel of the fire
department. (Ord. 55 § 1 (part), 1966: prior code § 11511)
5.20.140 Radio dispatching.
Any holder of any ambulance operator's license will be granted police dispatching privileges
upon application therefor and the furnishing to the police department of the necessary two -way
radio equipment if, in the opinion of the chief of police, the dispatching will in no way interfere with
the normal operation of the police dispatching facility. (Ord. 55 § 1 (part), 1966: prior code § 11512)
5.20.150 Procedure for police dispatched ambulances.
A. Upon receipt of a request for ambulance service, the police dispatcher shall call by
telephone or radio the duly licensed ambulance service and if such service has an ambulance
available on the premises, the ambulance shall be dispatched to the place of the call. If the
ambulance service does not have an ambulance available on the premises and is unable to accept the
call, then the police radio dispatcher shall proceed to notify the next nearest ambulance service
which will be requested to furnish immediate ambulance service.
B. The procedures to be followed by ambulance operators, their agents or employees, in the
operation of ambulances in all instances where they are dispatched by the police dispatcher are as
follows:
1. A report by two-way radio shall be made from the ambulance to the police dispatcher when
leaving the premises of the ambulance license holder,
2. A report by two -way radio from the ambulance shall be made to the police dispatcher when
the ambulance arrives at the place of the service call;
3. A report by two -way radio from the ambulance shall be made to the police dispatcher when
the ambulance is driven from the place of the service call and this report shall advise to which
hospital the ill or injured person is being conveyed;
4. A report by two-way radio shall be made to the police radio dispatcher from the ambulance
when the' ambulance arrives at the hospital;
93
• •
5.20.220
5.20.220 Attendant's permit— Required.
It is unlawful to operate or drive or cause to be operated or driven an ambulance upon the
public streets of the city when furnishing ambulance service unless a person holding a city
ambulance attendant's permit is riding within the ambulance. (Ord. 55 § 1 (part), 1966: prior code §
11517)
5.20.230 Attendant's permit — Application.
Attendants shall have the following qualifications and an application for such permit shall be
submitted upon a form or forms provided by the police department:
A. The applicant must be twenty -one years of age or older,
B. The applicant shall not be eligible if he has been convicted ofa felony or ofa misdemeanor
involving moral turpitude. use or possession of narcotics, or for operating a vehicle under the
influence of intoxicating liquor, within the five years immediately preceding application for a
permit;
C. The applicant must be fingerprinted by the police department and a complete background
investigation will be made of each applicant;
D. The applicant must be the holder ofa valid American Red Cross Advanced First Aid
Certificate;
E. Such application must be signed and sworn to before a notary public;
F. A permit fee listed on the Business License Rate Schedule must be paid prior to issuance ofa
permit. (Ord. 285 § 2 (part), 1986: Ord. 225 § 24, 1982; Ord. 55 § 1 (part), 1966: prior code § 11518)
5.20.240 Determination of qualifications of drivers and attendants.
The chiefof police shall investigate the application and determine whether the applicant meets
the qualifications required for the issuance of ambulance driver's or attendant's permits. If the
applicant is so qualified the chief of police shall issue such a permit. After issuance ofa driver's or
attendant's permit, it shall be the responsibility of the licensee to inform the police department of
any change of address or phone number.
If the applicant is not qualified, the chief of police shall notify the applicant by writing to him at
the applicant's address as set forth in the application. (Ord. 55 § I (part), 1966: prior code § 11519)
5.20.250 First aid training.
A. It is unlawful to operate or drive, or cause to be operated or driven, an ambulance upon the
public streets of the city for the purpose of furnishing ambulance service unless the driver and
attendant thereon have in their possession a current Red Cross card certifying that the holder thereof
has. passed the Advanced American Red Cross First Aid Course.
B. It is unlawful for the driver or the attendant of an ambulance to fail to render first aid and
assistance to the sick or injured at the place of the call for routine or emergency service. (Ord. 55 § 1
(part), 1966: prior code § 11520)
5.20.260 Revocation of driver's and attendant's permits.
The chief of police may revoke an ambulance driver's permit or an ambulance attendant's
permit for conviction of a violation of the provisions of this chapter, a crime involving moral
turpitude or when, in his opinion, the licensee is unfit to serve as a driver or attendant of an
ambulance under the qualifications prescribed in this chapter. (Ord. 55 § 1 (part), 1966: prior code §
11521)
5.20.270 Revocation of operator's license.
The city council, after public hearing, may revoke any license granted pursuant to this chapter
on any one or more of the following grounds:
A. That the license was obtained by fraud or misrepresentation;
95
OA -t, No . 431 - is1e3C , o.z8.za) -
ca.?,
i •
ORDINANCE NO. 431
AN ORDINANCE OF THE CITY OF MORRO BAY ADDING SECTION 10.28.230 TO THE
MORRO BAY MUNICIPAL CODE PERTAINING TO ANGLE PARKING
THE CITY COUNCIL
City of Morro Bay, California
The City Council of the City of Morro Bay, California does hereby ordain:
Section 1. Section 10.28.230 is hereby added to the Morro Bay Municipal Code to read
as follows:
The City may, by ordinance or resolution, designate alleys,
streets, or portions thereof, where angle parking is
permitted. No such designation shall be effective until such
time as parking space markings are installed pursuant to
Section 10.12. 110 of this Code.
Introduced at a regular meeting of the City Council of Morro Bay held on the 10th day of May,
1993 by motion of Councilmember Luna and seconded by Councilmember Mullen.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Morro Bay at
a regular meeting held thereof on this 24th day of May, 1993 by the following roll call vote:
AYES: Crotzer, Luna, Mullen, Unger, and Yates
NOES: None
ABSENT: None
ATTEST:
BRIDGETT AVIS, City Clerk
dr:stc:ord431
• •
ORDINANCE NO. 430
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY
ANNOUNCING FINDINGS AND AMENDING A PORTION OF SECTION 13.20 ALLOWING ON-
SITE BANKING AND TWO TO ONE RETROFIT OF COMMERCIAL AND INDUSTRIAL
PROPERTIES
T H E C I T Y C O U N C I L
CITY OF MORRO BAY, CALIFORNIA
WHEREAS, The City Council of the city of Morro Bay held a Public Hearing
on April 12, 1993; and
WHEREAS, based upon the recommendation of the Water Advisory Board, staff
reports and public testimony, the City Council makes the following
findings:
1. Water is a precious commodity and finite resource in limited supply in
the central coast area and especially within the City of Morro Bay;
and
2. The City has experienced several years of drought requiring the
institution of the "Severely Restricted Water Supply Conditions" level
of water rationing causing much hardship and inconvenience to the
people of Morro Bay; and
3. It was and continues to be necessary for the preservation of the
health, safety and welfare of the citizens of Morro Bay that the City
require all residential property owners to retrofit any structures on
said property upon the sale or transfer of such property; and
4. It is in the best interests of the economy of the City to allow
commercial and industrial property to bank on -site water equivalency
units; and
5. The current 3 to 1 retrofit requirement for commercial and industrial
properties creates a disincentive to retrofit those properties; and
6. A situation exists which constitutes an emergency in that:
a) The economy of the City of Morro Bay relies heavily on tourism;
b) The Inn at Morro Bay is a critical visitor /conference center and
destination resort within the City;
c) The Transient Occupancy Tax provides over 10% of the City's
revenues annually; and
d) These are critical economic times and the City of Morro Bay must
take every opportunity to protect our local businesses and City
revenue; and
Ordinance No. 430
Page 2
•
e) If the City of Morro Bay
economic viability of this
and industrial properties,
Injury to these businesses
City revenues.
•
does not take immediate action, the
resort, as well as other commercial
is in immediate and severe jeopardy.
will have a major adverse impact on
NOW, THEREFORE, BE IT HEREBY ORDAINED by the City Council of the City
of Morro Bay that Section 13.20.080 C of the Municipal Code be amended as
follows:
C. A project proponent may obtain equivalencies for the project by
implementation of ann approved off -site retrofit program of existing water
fixtures or other water conservation measure, subject to the following
provisions:
1. All proposals for off -site retrofit programs or other water
conservation measures for allocation of additional water equivalencies
shall be submitted to the planning director who shall estimate the
number of equivalencies such proposal would save.
2. Any new water conservation proposal shall be subject to review and
approval by the city council and, if deemed necessary, by the
California Coastal Commission; provided, however, that if a proposal
complies with the guidelines prepared pursuant to this section and
approved by the city council, it may be approved by the planning
commission.
3ar In order to allow a large margin of error in estimated savings and to
help reduce overall demand on the city's already constrained water
resources, no more than one -half of the water savings from a project
only a- fraction -o€ estimated - water- oeviogs resulting from a retrofit
proposal may be credited to a new use or development project. In
erder- -4ct- eneeurage-- retrefktt+ng -of - existing-- res44enee &r- f -wl4eh
retref4tt4ng- 4s- generaily- less- eeenemieally- €eas4ble- than- retref4tt4ng
eemnere #al- ex-- industrial--eses;-er- larger- pereentage --e - -EYte- estimated
savings-w#lI-be-eredited-te-a- new- development -- as- prev#ded- €er- beiew-
3b. Per retrofit -prepe eder- €or -whieh twenty five percent or—fewer-of the
required- egn4valene4es- w4ll -be- saved- by- retref4tt#ng- eeinmereial- andfer
industrial- buiidhngs;- €4.fty- pereerrt- of-- tire -- equ4'taleneie&- saved -by -the
retref4t er otter- approved - - veton —Im wares --ella1-1- be ered4ted te
the - eubjee* pre -jee .-; fifty fir•__ -b of- the rittaleneiee- sha33 be
available - -te -- augment -- the-- everail -- water-- equ4valeney -- program - -fer
d4str4but4en- under- the- appl4eable- alleeat #en- system7
3e. Per retrofit prepeseis 4er- -which— ntere -- then - -twenty —five pereent of the
requ4 red- equ4valene4es- w4ll -be- saved- by- retrefftt4nq- eenunereial- andfer
4ndustr4al- 4tri4diix3s,-- one- ttiod- -ef -+h - equivaiencies- --by- -the
retrofit er otter -oppnroved- m ..rmeeseres-tll be ered#ted te
Ordinance No. 430
Page 3
• •
the -su}rject- project, two-th4rds- sha+3. -he svai+ebie- to -eu the
evereii water- c rrivelene4es- - program- -for- -1:kistritutitit under the
applieable- aiieeatien- systemr
4. This option shall not include replacement by private developers of
leaky water mains. fsa4d -- repi aeement-- af- -a1-1-- -suei--- meitr- Brx - -the
aeeempany4ng- e33eeat4en- of -tqu4 raierfries-- r-suiyject tea- the- eendit4ens
of apprevai for-E.bestei Ee~ e-. pmet -Perm,i -Ne. 4- &± -369h fee amended,
granted -te- the- e4ty- ef- Merre- Bay -by- the- eaiifern4a- eeastai- eeinm4ss4en-
5. In order to better implement city objectives and policies to promote
infill development, only projects defined as infill pursuant to the
definition adopted in the operating procedures shall be eligible to
obtain equivalencies pursuant to this section.
6. The director shall prepare guidelines for the administration of
retrofit program which shall be reviewed at least once a year by the
city council and which shall be subject to council's approval.
7. Once a year, in January, the director shall submit a report to the
city council summarizing the experience to date of all retrofit
proposals. Prior to submission to the council, such reports shall be
reviewed by the water advisory board(WAB), and all recommendations
made by the WAB shall be included among the materials submitted to the
council. Based on these reports and WAB recommendations, the council
may modify the guidelines for the program as deemed appropriate.
8. In any program under which the city assists developers in locating
structures to be retrofitted, priority shall be given to residences of
low- income households.
THE CITY COUNCIL of the City of Morro Bay further adds Section
13.20.110 C as follows:
C. For existing commercial uses. industrial uses and other non-
residential uses. retrofit of on -site facilities may be credited on
that property for potential further expansions or new non - residential
uses 'Pursuant to the following standards:
1. The water equivalency units earned by the retrofit must be
maintained on -site and cannot be transferred to another property;
and
2. The water equivalency units earned are all from on -site retrofit
of that property pursuant to a retrofit program approved by the
Director consistent with these regulations and shall be valid for
five years from the date of the retrofit; and
3. This retrofit need not be tied to any specific current projects
but may apply to a y future non - residential expansions and /or
more intensive non - residential use on -site: and
Ordinance No. 430
Page 4
• •
4. In the event of the contemplated sale of the subject property.
the retrofit application and replacement work shall be initiated
and completed Prior to the time of sale; sale defined as last
condition precedent to the sale being satisfied.
5. The retrofit water equivalency units earned can be transferred to
a new owner but must remain with the same property (see No. 1).
Introduced at a regular meeting of the City Council of Morro Bay, held
on the 12th day of April, 1993, by motion of Councilmember
Mullen and seconded by Councilmember Luna
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a
regular meeting held thereof on the 12th day of April, 1993 by the
following roll call vote:
AYES: Crotzer, Luna, Mullen, and Yates
NOES: None
ABSENT: Unger
ATTEST:
AVIS, City Clerk
DA D HUNT, City Attorney
WI LIAM yj S, ayor
• •
G. 49- Q,, .« ► rfiL -
• •
ORDINANCE 429
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ANNOUNCING
FINDINGS AND ADOPTING AMENDMENT TO TITLE 17 OF THE
MORRO BAY MUNICIPAL CODE IN ORDER TO COMPLY
WITH MEASURE H, A CITIZENS INITIATIVE
T H E C I T Y C O U N C I L
City of Morro Bay, California
CASE NO. GAP /ZOA /LCP 01 -91
WHEREAS, the Planning Commission of the City of Morro Bay,
California, on the 4th day of January 1993, the 19th of January 1993 and
the 15th day of March 1993, held duly noticed PUBLIC HEARINGS to
consider the amendment to policies of the General Plan and Local Coastal
Land Use Plan, amendment to the City's land use plan map and zoning map
to show a reduced area available for commercial use on property
generally located adjacent to Highway 1 and Morro Bay boulevard as
intended by citizens initiative Measure H, passed by the voters on
November 6, 1990; and
WHEREAS, the Planning Commission on March 15, 1993 voted to
recommend approval of said amendments; and
WHEREAS, the City Council held PUBLIC HEARINGS on January 25, 1993
and March 22, 1993; and
WHEREAS, said project has complied with the City of Morro Bay
objectives, criteria and procedures for implementation of the California
Environmental Quality Act, (CEQA), in that the LCP Amendments are exempt
as the functional equivalent of an EIR for the purpose of CEQA; and
WHEREAS, at said PUBLIC HEARING, after consider the staff report,
the Planning Commission recommendation and the testimony of all persons,
if any, wishing to testify, the City Council did make the following
findings:
1. That the requested Amendments approved by the Voters on November 6,
1990 and said initiative directs the City to amend "maps" to
designate a portion of the TRI -W property for "district" commercial
use; and
2. That amendments recommended to the City Zoning Map, as shown on
Exhibit A, comply with and reflect the intent of Measure H.
• •
NOW, THEREFORE, BE IT HEREBY ORDAINED by the City Council of the
City of Morro Bay, California, as follows:
Section 2: Chapter 17.28 of the Municipal Code (Zoning Map of the City
of Morro Bay) is amended as shown on Figure A, attached hereto and made
a part of this ordinance.
Section 3: To implement the amendments adopted herein the City Council
of the City of Morro Bay, California, hereby directs as follows:
1. This Ordinance adopting the zoning map amendments shall be
transmitted promptly to the California Coastal Commission with the
request that the Commission certify the amendments; and
2. The City of Morro Bay hereby finds that the Local Coastal Program
Implementation Program (zoning) Amendments are in compliance with
the intent, objectives, and policies of the California Coastal Act
and that the City will carry out the Local Coastal Program,
including these amendments in a manner fully consistent with the
California Coastal Act and all its provisions; and
3. These amendments shall take effect immediately and automatically
upon said certification.
Introduced at a regular meeting of the City
held on the 22nd day of March 1993, by motion of
and seconded by Councilmember Luna
PASSED AND ADOPTED on the 12th day of April
vote to wit:
AYES: Crotzer, Luna, Mullen, and Yates
NOES: None
ABSENT: Unger
BRIDGE , DAVIS, City Clerk
OVED TO FO :
DAVID HUNT, City Attorney
Council of Morro Bay,
Councilmember Mullen
1993 by the following
WILLIAM ATES,
yor
\p N,
• •
EXHIBIT C
PROPOSED LANGUAGE CHANGES FOR GENERAL PLAN /LCP
The existing policies of the General Plan /LCP shall be amended to read
as follows:
Proposed General Plan Policy LU -47 & LCP Policy 6.07:
The City's Urban Reserve and Urban Service lines (LCP) shall be drawing
to coincide with the present City limits with the exception of the
Cabrillo property and the portion of Williams property which is outside
of the 38 acre area which shall be excluded from that line. (LCP 146 -7)
The LCP would have to be amended if lands within the Local Agency
Formation commission's boundary are to be included within the LCP urban
rural boundary. (LCP 146)
Proposed General Plan Policy LU -48 and LCP Policy 6.08:
The City shall implement the following revisions to its LUP land use map
to preserve and protect the long term productivity of agricultural lands
within and adjacent to the community:
(1) Designate the Cabrillo property for agricultural land use with a
minimum allowable parcel size of 40 acres.
(2) Permitted uses on prime and non -prime agricultural lands shall be
agricultural use for cultivation of crops or grazing of livestock
and non - residential development accessory to agricultural
operations. The following uses shall be conditionally allowed:
a. One single family residence
b. Farm Labor quarters
c. Public coastal accessways
d. Greenhouse and nurseries
Conditional uses can be permitted on prime lands where it is
demonstrated through City findings that no alternative building
site exists except on the prime agricultural lands, that the least
amount of prime land possible is converted and that use will not
conflict with surrounding agricultural lands and uses. (LCP 147)
Proposed General Plan Policy LU -49 and LCP Policy 6.09:
The City shall amend its General Plan Land Use Element LU -49 and all
applicable ordinances, policies and maps to designate a portion of the
Williams' property within the City limits for "district commercial" use,
including a new shopping center. The total area to be designated for
such use shall be 13 gross acres generally located adjacent to Highway 1
and Morro Bay Boulevard. The site of such use shall be in accordance
with a precise development plan consistent with the General Plan Land
Use Element and relevant Coastal Act and especially Chapter 3 policies.
Nothing contained herein shall be construed to permit any residential
development on the Williams property.
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40 - L,+Jnn.P.« ' to QJ . a9t - ► ' C B-P
• •
ORD X NAN C E NO _ 4 2 8
AN ORDINANCE OF THE MORRO BAY CITY COUNCIL AMENDING
ORDINANCE NO. 299 AND CHAPTER 5.32 OF THE MORRO BAY MUNICIPAL
CODE, MOBILEHOME AND RECREATIONAL VEHICLE PARR RENT STABILIZATION
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 as follows:
1. Section 5.32.010(H), purpose and Intent, of the Morro
Bay Municipal Code is added to read as follows:
H. Mobile home owners made substantial investment into
their homes which are valued at least in part in the amount
of rent paid on the spaces. The City wishes to protect
their reasonable investment expectation in this value and
finds unlimited rental increases at the time of vacancy
threatened mobilehome owners reasonable investment
expectation.
2. Section 5.32.040(A)(C)and(E), Mobilehome Review Board -
Established- Members - Terms, is amended to read as follows:
A. There is established a mobilehome rent review board
consisting of five members appointed by the city council.
C. The rent review board shall be comprised of: two (2)
Morro Bay Mobilehome park owners; two (2) Morro Bay Mobilehome
tenants; and one (1) member who is neither a Mobilehome park
owner nor a Mobilehome tenant, nor have any financial interest
(as defined by State Law) in any mobilehome park. This fifth
member shall be mutually acceptable to, and nominated by the
first four (4) members to the City Council for appointment.
E. Terms of board members shall be comprised of one (1)
park owner and one (1) tenant initially serving a two (2) year
term; one (1) park owner and (1) tenant serving four (4) year
terms. Thereafter, all four (4) board positions shall have four
(4) year overlapping terms. The fifth board member shall serve a
three (3) year term.
3. Section 5.32.080, Vacancy decontrol„ of the Morro Bay
Municipal Code is deleted and a new Section 5.32.080, Increases
upon change of occupancy, is added to read as follows:
5.32.080 Increases upon change of occupancy.
Notwithstanding the one -year limitation, upon change of
occupancy, except for a change due to the involuntary eviction of
a tenant or for a change due to the death of the tenant wherein
Ordinance No. 428
Page 2
the deceased tenant's spouse, parents or children take over the
occupancy, the rent shall not increase until a sale has been
completed. Upon completion of sale, the rent shall not be
increased beyond ten percent (10 %) of the current existing rent.
Park owners have the ability to go before the Rent Review Board
if dissatisfied with the amount of increase in person or by
letter.
4. Section 5.32.160, Application- Decision of board, of the
Morro Bay Municipal Code is amended to read as follows:
5.32.160 Application- Decision of board.
A. The board shall make a recommendation to the City
Council no later than twenty days after the conclusion of its
hearing. The board's recommendation shall be based on the
preponderance of the evidence submitted at the hearing. The
recommendation shall be based on findings. All parties to the
hearing shall be advised by mail of the board's recommendation
and findings.
B. Pursuant to its findings, the board may recommend:
1. Permit the requested rent increase to become effective,
in whole or in part; or
2. Denial of the requested rent increase; or
3. Permit or deny in whole or in part, requested
reduction, of or charges for, facilities or services.
C. The decision of the City Council shall be final.
D. The decision of the City Council is subject to
adjudication between tenants and park owners in the appropriate
civil court.
Introduced at a regular meeting of the City Council of Morro
Bay held on the 24th day of February, 1993, by motion of
Councilmember Mullen and seconded by Councilmember Luna.
PASSED AND ADOPTED by the City Council of the City of Morro
Bay at a regular meeting thereof held on the 8th day of March,
1993 on the following vote:
AYES: Crotzer, Luna, Mullen, Unger, and Yates
NOES: None
ABSENT: None
ATTEST:
puty City Clerk
LEGAL EFFECT:
WILLIAM Y TES, or
CITY ATTORNEY
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1 . 4a7 - °t NIA< I IP - 01,44tfi
�da� h
•
ORDINANCE NO. 427
AN ORDINANCE TO REPEAL CHAPTER 15.40 °VESSEL HABITATION° OF THE MORRO
BAY MUNICIPAL CODE AND REPLACE WITH A REVISED
CHAPTER 15.40 °VESSEL HABITATION°
The City Council of the City of Morro Bay does ordain as follows:
Section 1. Chapter 15.40 of Title 15 of the Morro Bay Municipal Code,
"Vessel Habitation ", is hereby repealed in its entirety.
Section 2. A new Chapter 15.40 of Title 15 of the Morro Bay Municipal
Code, is hereby created to read as follows:
CHAPTER 15.40: VESSEL HABITATION
Section 15.40.010 PURPOSE: To regulate liveaboard use on tidelands
granted to the City of Morro Bay by the State Lands Commission for
public health and safety.
Section 15.40.020 DEFINITIONS: For the purposes of this chapter the
following definitions shall apply:
A. MORRO BAY HARBOR: For the purposes of this chapter, Morro
Bay Harbor shall be the tidelands and submerged lands granted to the
City of Morro Bay as successor to the county of San Luis Obispo under
Chapter 1076 Statutes of 1947 of the State of California.
B l,IVEABOARD - INDIVIDUAL(S) AND OR VESSEL(S):
1. A liveaboard is defined as any person(s) who uses a vessel as a
residence and /or is occupying that vessel for four or more days or
nights within any seven day period engaging in those usual and
customary activities associated with a person's residence or abode
such as, but not limited to, sleeping and preparation of meals. This
definition will also include any individual using a vessel for four or
more days or nights within any seven day period as a place of
business, professional location or other commercial enterprise, as
evidenced by a business license, when transportation is a secondary or
subsidiary use.
2. A liveaboard vessel is any vessel which is moored in Morro Bay
Harbor for more than 60 days in any 12 month period and is occupied by
a liveaboard. Liveaboard vessels shall be considered single family
residences for purposes of health, safety, welfare and public
nuisances and shall at no time house such number of persons so as to
create a public nuisance or to be detrimental to the health, safety
and welfare of others.
C. HARBOR DIRECTOR: Shall mean the Harbor Director or his /her
designate.
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ORDINANCE N0. 427
PAGE 2
D. OFF -SHORE MOORING: Off -shore mooring means any site where a
vessel is secured within Morro Bay Harbor which is not directly
connected to the shore or land by means of a dock, pier, float or
other structure providing direct access from the vessel to the land or
shore.
E. SHORE -SIDE MOORING: Shore -side mooring means any site where
a vessel is secured within Morro Bay Harbor which is directly
connected to the shore or land by means of a dock, pier, float or
other structure providing direct access from the vessel to the land or
shore.
F. SEWAGF,: Sewage means that portion of the wastewater from
toilets or any other receptacles containing human or animal excreta
and urine, commonly known as blackwater.
G. SEWAGE HOLDING TANK: Sewage holding tank means a permanently
installed receptacle on a vessel which is used to retain sewage.
H. BORgaljnant.AMEL Sewage pump -out means a mechanical device
which is temporarily connected to a vessel for the purpose of removing
sewage from its holding tank.
I. ADEODATE VESSEL SANITATION FACILITY• An adequate vessel
sanitation facility means an operational Marine Sanitation Device or
portable toilet certified by the United States Coast Guard as suitable
to prevent direct discharge of human waste into Morro Bay Harbor.
J. ACCESSIBLE SANITATION FACILITY: An accessible sanitation
facility shall mean a restroom with at least one toilet and one sink
with running water which is either open to the public or for which the
applicant has permission to use on a 24 hour a day basis.
15.40.030 PERM T REOUIRED• It shall be unlawful for any person to
occupy or own a liveaboard vessel within Morro Bay Harbor unless the
vessel has been permitted under this chapter.
A LIVEABOARD VESSEL - PERMIT APPLICATION AND FEES
An application for liveaboard permit shall be filed with the Harbor
Director upon forms provided by the City. The permit is valid for a
one year period and may be renewable after payment of the annual
renewal fee shown in the Master Fee Schedule. Applications shall be
filled out completely and submitted with the required non - refundable
fees. Fees shall be paid as set and established in the City Master
Fee Schedule.
B. GENERAL RESTRICTIONS FOR ISSUANCE: Liveaboard vessels are
prohibited from the City T- Piers. Permits will not be granted for
vessels or floating structures such as houseboats, barges, floating
homes or other such vessels or floating structures not specifically
designed for or not safely capable of navigating ocean waters under
their own power. An exception for work barges actively engaged in
construction activity in Morro Bay Harbor may be made by the Harbor
Director.
-Page 2 of 7-
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ORDINANCE N0. 427
PAGE 3
15.40.040 PERMIT ISSUANCE
A. ISSUANCE OF A LIVEABOARD PERMIT: Upon receipt of the original
Liveaboard Permit Application, or any renewal thereof, the Harbor
Director shall notify applicant that the applicant must make
arrangements within a specified period with the Harbor Department to
have the liveaboard vessel, under its own power, make way to the
Harbor Patrol docks to submit to an inspection to insure the
liveaboard vessel is in compliance with the conditions of this
Ordinance. The inspection shall be accomplished by a City of Morro
Bay Harbor Patrol Officer or a qualified marine surveyor acceptable to
the City provided that if applicant chooses to have an inspection
completed by a marine surveyor, then applicant will bear all costs
thereof and provide City a copy of the inspection report. Conditions
for issuance of a liveaboard permit are as follows:
1. Vessels to be used for liveaboard purposes must be in good
material condition not likely to sink or become a menace to
navigation and to be of a design suitable for operation on the
waters of the Pacific Ocean. All vessels must be currently
registered or documented.
2. A liveaboard vessel berthed at a shore side mooring must be
within 100 yards of accessible sanitation facilities or must have
adequate vessel sanitation facilities.
3. A liveaboard vessel located at an offshore mooring must have
adequate vessel sanitation facilities.
4. The proposed liveaboard individual and the vessel to be used for
liveaboard purposes must be in compliance with all sections and
provisions of this ordinance.
5. Liveaboard vessels must have on board a working VHF marine radio
with minimum channels of 12 & 16, or have a functioning
telephone.
6. The individual(s) submitting the application must be the owner of
the vessel and shall liveaboard the vessel during any liveaboard
use thereof except that paid crew member /s of qualified
commercial fishing vessels may liveaboard without the vessel
owner and may receive liveaboard permits with the vessel owner's
consent. No permit will be issued in the name of a partnership
(general or limited), corporation, joint venture or other legal
entity. A permit for a vessel which is registered, documented or
owned by a partnership (general or limited), corporation, joint
venture or other legal entity will be issued only to a natural
person whose interest in the vessel (whether by virtue of an
interest in the partnership, ownership or stock or a corporation
or otherwise) is equal to or greater than that of each of the
other partners, stockholders, members or associates. An
applicant for a permit in Morro Bay for a vessel which is owned
by a partnership (general or limited), corporation, joint
-Page 3 of 7-
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ORDINANCE NO. 427
PAGE 4
venture, or other legal entity shall submit for approval by the
Harbor Director, a valid Certificate of Ownership or valid Marine
Document. Notwithstanding the form of ownership of the vessel,
the permit to liveaboard the same within the City of Morro Bay
shall not be transferrable under any circumstances. If a
permittee fails or refuses to notify the Harbor Director of a
change to any of the information contained in the liveaboard
permit application within five (5) days from the date of any such
change, such failure or refusal shall constitute grounds for
revocation of the permit.
7. The liveaboard vessel must have a safe and legal berthing
location in Morro Bay Harbor other than the A1-5 anchorage area
or the City T- Piers.
8. The permit will be valid for one year and the applicant must meet
the requirements for permit issuance annually thereafter or the
Harbor Director shall not reissue the liveaboard permit except
that liveaboard vessels which are not in Morro Bay Harbor as
provided for in Section 15.040.070 shall not have to meet
requirements for permit reissuance until the vessel returns to
Morro Bay Harbor.
9. The permit will be issued for the vessel, and will state the
specific names of the liveaboards authorized to occupy the
vessel.
10 No more than 50 liveaboard permits may be issued at any time.
City will not maintain a liveaboard permit waiting list unless 50
permits are issued and additional individuals desire to apply for
liveaboard permits.
15.040.050 TERMINATION /REVOCATION OF PERMIT:
A. CONDITIONS FOR TERMINON /REVOCATION: Liveaboard permits
may be revoked for the following reasons:
1. Discharge of sewage.
2. Violation of any section of this Ordinance not specifically
listed in this Section, 15.040.050 A, for a period in excess of
30 days after having been notified to correct the violation.
Notice of violation shall be given by First Class mail or
personal service or by attachment of said notice in a conspicuous
location on the vessel or any combination of the above. Proof of
correction of any violation shall be deemed to be the obligation
of the permittee, or liveaboard, and shall be to the satisfaction
of the Harbor Director.
-Page 4 of 7-
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ORDINANCE NO. 427
PAGE 5
3. If twice in any 12 month period the permittee has been found in
violation of the terms of this ordinance, it shall be evidence of
non - compliance with the intent of this ordinance to maintain an
orderly harbor operation and shall constitute grounds for
revocation of the permit.
4. In the event that City policy concerning the number of liveaboard
permits issued shall change and the number of liveaboard permits
shall be reduced, notice of revocation of liveaboard permits
shall be given by First Class mail or personal service or by
attachment of said notice in a conspicuous location on the vessel
or any combination of the above. Since this will require
relocation of a personal residence, 60 days notice of termination
of the liveaboard permit will be given in this situation. This
shall also include requirements established by other agencies
whose jurisdiction may be imposed upon the City of Morro Bay. In
the event terms and or conditions of maintaining a liveaboard
permit are modified by the City Council, then those persons
holding current liveaboard permits shall have a period of 60 days
after adoption of said modifications in which to fully comply
with such new regulations.
5. In the event that the liveaboard permit holder moves from the
area or no longer resides on the vessel for minimum time periods
required or voluntarily terminates liveaboard status.
6. Non - payment of fees associated with liveaboard permit or vessel
associated with liveaboard permit, service charges, dockage
charges or other fees due to the City of Morro Bay for a period
in excess of 10 days after written notice. Notice shall be given
as described in Section 15.040.050 A. 2. above.
B. TERMINATIONIREVOCATION PROCEDURB: Upon determining that
grounds for revocation of a permit exist, the Harbor Director shall
give written notice of intent to revoke (including the grounds
therefor) to the permit holder by First Class Mail, personal delivery,
by attachment in a conspicuous location on the vessel or any
combination of the above, or if the permit holder cannot be located
with reasonable effort such notice shall be given to any person aboard
the vessel. The revocation shall be effective fifteen (15) days
following the giving of such notice except as provided below.
1. APPEAL: A decision by the Harbor Director to terminate or revoke
a liveaboard permit pursuant to this Section shall be appealable
to the Harbor Advisory Board. Any such appeal must be filed in
writing with the Harbor Director within ten (10) days of the date
of notice of revocation. The revocation shall be stayed while
the appeal is pending, unless it is determined by the Harbor
Director that immediate cessation of overnight occupancy of the
vessel is necessary for the preservation of the public peace,
health or safety. The appeal shall be filed in writing and shall
specify all of the grounds for the appeal. The Harbor Advisory
Board shall provide the permit holder an opportunity to present
evidence on his behalf and to challenge the determination of the
-Page 5 of 7-
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ORDINANCE N0. 427
PAGE 6
Harbor Director. Formal rules of evidence or procedure need not
be followed. If the Harbor Advisory Board is unable to approve
any formal motion regarding the appeal after two (2) publicly
held hearings on the appeal then the revocation shall become
effective three days following the second public meeting. If the
appeal is denied revocation shall become effective three (3) days
following the Harbor Advisory Board's decision.
L5 40.060 TRANSFERABILITY OF LIVEABOARD PERMIT:
No transfer of liveaboard permits between individuals is allowed. In
the event that the individual holder of a liveaboard permit transfers
their interest in a vessel, that individual's liveaboard permit may be
re- registered to the new vessel provided the vessel meets all
requirements of this ordinance within six months of sale. Under no
circumstances will the transfer of vessel ownership or any interest
therein maintain any associated liveaboard permit with the vessel for
the benefit of the new owner or interested party.
15.40.070 TEMPORARY LEAVES. RETENTION OF PERMIT: In order to
maintain a liveaboard permit, individuals will be required to maintain
residency aboard their vessels a minimum of nine (9) months out of any
twelve month period within Morro Bay harbor. Absence of either the
vessel, the permit holder or both from Morro Bay harbor or failure to
maintain residency for the minimum time period aboard the vessel shall
result in revocation of the liveaboard permit. The liveaboard permit
may be retained up to five years without meeting these minimum
residency requirements provided that:
A. All fees are kept current.
B. The absence has been documented with the Harbor Director in
advance of absence; or the absence is related to vessels of a
commercial nature actively fishing in areas away from Morro Bay.
15.40.080 OCCUPANCY BY NON - OWNER:
Rental or sublease of vessels resulting in liveaboard uses are
prohibited. "Boat sitting ", caretaking, maintenance or any other
activity related to vessels resulting in liveaboard use either for
compensation or no compensation are prohibited. Only the person(s)
named on the application for liveaboard permit or as amended and
approved are permitted to reside on the vessel.
15.40.090 USE OF PUMPOUT FACILITIES: Where permittees are required
to have adequate vessel sanitation facilities permittees shall use
pumpout facilities on a regular basis or otherwise discharge
greywater, human waste and sewage in a legal manner.
15.040.100 ENFORCEMENT
The Harbor Director shall be responsible for enforcing the provisions
of this chapter. Enforcement guidelines shall be developed and made
available to the public at the Harbor Office.
-Page 6 of 7-
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ORDINANCE NO. 427
PAGE 7
15.040.110 APPLICABILITY OF ORDINANCE: This ordinance shall not
apply to vessels in the State Park Marina or any vessels berthed
outside the City of Morro Bay limits.
15.40.130 FEES: Permit application fees, renewal fees and service
fees shall be set forth in the City of Morro Bay Master Fee Schedule.
Fees are non - refundable and permits may be revoked at any time under
the terms and conditions of this ordinance. A 10% late payment fee
will apply for failure to pay fees when due. Service fees will apply
to any liveaboard permittee in City mooring areas or slips except for
those permittees berthed at leased sites or moorings where the
leaseholder is providing restroom, water and trash services to the
permittee at no cost to the City.
INTRODUCED at a regular meeting of the City Council of the City of
Morro Bay, held the 24th day of February, 1993 by motion of
Councilmember Susan Mullen and seconded by Councilmember Ben Luna.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
of the City of Morro Bay, held on the 8th day of March, 1993 by the
following roll call vote:
AYES: Crotzer, Mullen, Unger, and Yates
NOES: Luna
ABSENT: None
ATTEST:
BRIDGE / DAVIS, City Clerk
OVED S TO
FORM AND LEGAL EFFECT:
CITY ATTORNEY
-Page 7 of 7-
WI I YA ES, May
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DAiNnwAsd No • 4air -
•
•
ORDINANCE NO. 425
•
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ANNOUNCING
FINDINGS AND ADOPTING AMENDMENTS TO CORRECT AN ERROR IN LANGUAGE OF
ORDINANCE 394 AMENDING THE MORRO BAY MUNICIPAL CODE
CHAPTER 13.20.080 A, B.1, AND 8.2
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 as follows:
Section 1. The Council does hereby make the following findings:
1. The Planning Commission on October 15th, December 17, 1990 and
January 21, 1991 conducted duly noticed PUBLIC HEARINGS to
consider the report of the Planning Director recommending certain
modifications to the operating procedures currently in effect;
and
2. The Planning Commission did on January 21st make recommendations
to the City Council; and
3. The City Council on February llth, & 25th, 1991 and March llth &
25th, 1991 did hold a duly noticed PUBLIC HEARINGS to consider
the staff report, Planning Commission recommendations and
testimony of all interested persons; and
4. Clerical errors were made in the modifications to Ordinance No.
394, prepared and submitted to the City Council on March 11,
1991; and
5. The Environmental Coordinator has reviewed the project and has
determined it to be exempt for the purposes of the California
Environmental Quality Act (CEQA), and no further documentation is
deemed necessary.
NOW, THEREFORE, BE IT HEREBY ORDAINED by the City Council of the
City of Morro Bay that Title 13.20.080 of the Municipal Code be
amended to correct an error in the language of Ordinance 394 as
follows:
SECTION 2: Chapter 13.20.080 A., B.1. and B.2. are amended to read
(existing language to be deleted is struck - through and new language is
underlined):
Ordinance No. 425 •
Page 2
13.20.080 Allocation of water equivalency units to projects
A. No project as defined in this chapter shall be permitted
unless it is first reviewed by the community development director to
ascertain whether it will increase likely water usage and thereby
needs water equivalencies. The director shall use the "water equiva-
lency table" contained in 13.20.070 for determining water equivalen-
cies for various uses. If a particular se is not listed on the table
the director. shall estimate equivalencies for that use. Generally.
the water usage records of a sample of like uses already operating in
the City. shall be used if available. The time frame for the sampling
phould be at least seven years of use if available. Any other rele-
vant information may be used in making a reasonable estimate. The
Directors' decisions regarding estimates of water usage may be
Appealed to the Planning Commission. If a proposed project, as
defined in this chapter, is found to require water equivalencies, it
shall not be approved for construction, or in cases of changes to, or
the expansion or intensification of, existing uses, the occupancy
shall not be approved until and unless the required water equivalen-
cies have been obtained in accordance with the annual water equiva-
lency program, except as provided herein.
B. The following types of projects shall not be required to obtain
equivalencies through the equivalency program:
1. Projects which involve the demolition of a building where the
number of water equivalencies required by the new uses is less
than or equal to those credited to the demolished building(s).
For a period of three (3) years. or until 5:00 p.m. March 11.
3994. water equivalencies credited to demolished buildings shall,
be limited to the highest number of water eauivalencies credited
to legally permitted uses which have existed in the_ building
since January 1. 1977. based upon the most current water
equivalency table contained in Section 13.20.070 of the Morro Bay
Municipal Code After March 11. 1994. water equivalencies
credited to demolished buildings shall be limited to the highest
number of water equivalencies credited to legally permitted uses
in the building within the last ten (101. based on the most
current water equivalency table contained in Section 13.20.070 of
the Morro Bay Municipal Code. Any building demolished prier -te
4999 more than ten (10) years previous shall not be credited with
equivalencies;
"Legally permitted" buildings. uses. or occupancies shall mean:
any building. use or occupancy for which any required use permit.
building permit or business licence had been secured and
validated. or any legal non - conforming use.
Ordinance No. 425 •
Page 3
2. For a period of three (31 years or until 5:00 p.m. March 11.
1994, projects which involve the replacement of a use or occu-
pancy where the number of water equivalencies required by the
new use or occupancy is less than or equal to those credited to
the highest number of water equivalencies credited to legally
permitted. non - temporary uses. which have existed in the
building since January 1. 1977. based upon the most current
water equivalency table contained in Section 13.20.070 of the
Morro Bay Municipal Code. After March 11. 1994. projects
which involve replacement of a use or occupancy. water
equivalencies for the previous use shall be determined by the
highest number of water egujvalencies credited to legally
permitted uses in the building within the last ten (10) years.
based on the most current water equivalency table contained in
Section 13.20.070 of the Morro Bay Municipal Code. end - any -eee
er eeeuperey- - being-- repiteed. Any use or occupancy discontinued
prier- to - -k997 more than (101 years previous shall not be
credited with equivalencies;
Introduced at a regular meeting of the City Council of Morro Bay,
held on the 23rd day of November, 1992, by motion of Councilmember
Luna and seconded by Councilmember Baker
PASSED AND ADOPTED by the City Council of the City of Morro Bay
at a regular meeting held thereof on the 14th,day of December: 1992 by
the following roll call vote:
AYES: Crotzer, Luna, Mullen, Unger, Yates
NOES: None
ABSENT: None
ATTEST:
Jart , 4(1:=55_
ARDITH DAVIS, City Clerk
APPROVED AS TO FORM:
JUDY
VA
SKOUSEN
@ity Attorney
• •
DAL.AA tct I VD_. 4 4- 1%o I p
hd%nn— )24 . zfra3 - e n444/0a-4 , (bled)
•
ORDINANCE NO. 423
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ANNOUNCING
FINDINGS AND ADOPTING AMENDMENTS TO THE MORRO BAY MUNICIPAL CODE
SECTION 13.20.080 B4, TO ALLOW BUSINESSES TO MORE EASILY ESTABLISH
WITHIN EXISTING COMMERCIAL AND INDUSTRIAL STRUCTURES
T H E C I T Y C O U N C I L
CITY OF MORRO BAY, CALIFORNIA
Section 1.
WHEREAS, the City Council did on the 12th day of October, 1992
conduct a duly noticed PUBLIC HEARING to consider the following
amendments to Chapter 13.20, and accepting all public comments, if
any, and;
WHEREAS, said amendments are in compliance with the City of Morro
Bay objectives, criteria and procedures for implementation of the
California Environmental Quality Act, (CEQA), in that the amendments
are exempt and no further processing is required.
The City Council of the City of Morro Bay does ordain as follows:
Section 2. Amendment to Section 13.20.080 B4
WHEREAS, The City of Morro Bay, does recognize that the current
water allocation equivalency table does adversely affect the ability
of new commercial and industrial uses to establish within existing
commercial and /or industrial buildings; and
WHEREAS, recognizing the existence of a maximum .15 w.e.u. /1000
square feet above the amount listed on "Table A" for an existing
industrial or commercial (non- visitor serving accommodation use)
structure within an industrial or commercial district, in order to
allow businesses to more easily establish within the commercial or
industrial building, will benefit the overall business climate of the
community; and
WHEREAS, by recognizing a maximum existence of .15 w.e.0 /1000
square feet above the the amount listed on "Table A" for an existing
industrial or commercial (non- visitor serving accommodation use)
structure within an industrial or commercial district, will not
adversely impact the water and sewer resources of the City.
• •
Ordinance No. 423
Page 2
THEREFORE, The City of Morro Bay does hereby amend Chapter
13.20.080 B.4 as follows:
The existing language of B.4 shall be deleted as shown with
strike - through and new language as indicated by underline:
4. Zn order to allow business to more easily establish or relocate
jn Morro Bay. the existence of a maximum .15 w.e.0 /1000 square
feet above the amount listed on "Table A" is hereby recognized
to allow for an expansion in use or occupancy where no building
expansion is proposed and the following is met:
(1). Where an existing building. industrial or commercial
(except motels. hotels. campgrounds and other commercial uses for
which equivalencies are based on the number of units). is located
within an industrial or commercial district. and
(2). The building is in compliance with Ordinance No. 352 (low -
flow fixtures).
a. Said .15/1000 shall be recognized by letter from the Community
Development Department upon receipt of a formal request from the
property owner and inspection of structure.
b. Said .15/1000 is exempt from water /sewer availability fees.
c. Water savings achieved through compliance with Ordinance No. 352
may also be applied to the building or for building expansions in
accordance with Section 13.20.080 B.2.
d. This provision shall become void on January 1. 1996. unless
extended by the City Council.
Addit4ens or-- expensiaets eeumereiei weer! meteisy
keteis, -campgrounds- and otter- - e ereier uses- -- e- -wk4eh
equ4ve iene4es --ere -- based - to - -bhe- trier• -of - unitsi- br- 4ndustriai
uses- net- exeeedtng- th4rty- pereent -ef- the- ex4st4ng- area - deleted -te
the use -etc} previded the-ixklittmr,sr expens4en •ices --neap ekenge
the- type -ef -use
Introduced at a regular meeting of the City Council of Morro Bay,
held on the 12th day of October, 1992, by motion of Mayor
Sheetz and seconded by Councilmember Luna
• •
Ordinance No. 423
Page 3
PASSED AND ADOPTED by the City Council of the City of Morro Bay
at a regular meeting held thereof on the 26th day of October , 1992
by the following roll call vote:
AYES: Baker, Luna, Mullen, Wuriu, Sheetz
NOES: None
ABSENT: None
ATTEST:
ARDITH DAVIS, City Clerk
APPROVED AS TO FORM:
SKOU N, City Attorney
• •
&U 4 nsor -c-e . 402,3 - Oa, Gc ez--trii
irea
ORDINANCE NO. 422
AN ORDINANCE OF THE CITY COUNCIL AMENDING SECTION
13.20.070 WATER EQUIVALENCY TABLE, ADDING A
CATEGORY FOR ELDERLY /HANDICAPPED APARTMENTS
OF 600 SQUARE FEET OR LESS
T H E C I T Y C O U N C I L
CITY OF MORRO BAY, CALIFORNIA
WHEREAS, the City has conducted an analysis of the average
water use of elderly /handicap one - bedroom and studio apartments 600
square feet or less and determined that the average water use is
approximately 4,900 cubic feet per year.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Morro Bay that an additional category be added to Section
13.20.070, Water Equivalency Table as follows:
Land Use
One - Bedroom & Studio
Apts., 600 sq. ft.
or less for elderly/
handicap only
Average Water Use Rate
Cubic Ft. Cubic Ft.
per Year Unit Factor
Unit Factor
4,900 .45 Per Unit
Introduced at a regular meeting of the City Council of Morro
Bay, held on the 28th day of September, 1992, by motion of
Councilmember Baker and seconded by Councilmember
Luna
PASSED AND ADOPTED by the City Council of the City of Morro
Bay at a regular meeting held thereof on the 12th day of October,
1991 by the following roll call vote:
AYES: Baker, Luna, Mullen, Wuriu, Sheetz
NOES: None
ABSENT: None
ATTEST:
ARDITH DAVIS, City Clerk
� /AAA14Y
ROSE MARIE 'EETZ, R'.yor
ORDINANCE NO. 421
AN ORDINANCE OF THE CITY OF MORRO BAY ESTABLISHING
CITY POLICIES AND PROCEDURES CONCERNING CHILDCARE
SERVICES IN MORRO BAY
CASE NO. LCP /ZOA 05 -91 "A"
T H E C I T Y C O U N C I L
CITY OF MORRO BAY, CALIFORNIA
WHEREAS, good quality childcare services are an essential service
for working parents and contribute to a child's emotional, cognitive,
and educational development as well as impacting positively on the
economic growth of Morro Bay; and,
WHEREAS, if Morro Bay is to be a vital and viable City, young
families must be encouraged to live and work in Morro Bay and the
City's success in this effort will depend greatly on insuring the
safety and well -being of the children in our community; and
WHEREAS, the City of Morro Bay desires to encourage the
establishment of day care facilities in Morro Bay; and
WHEREAS, this ordinance is intended to simplify the process for
City approval of day care facilities in Morro Bay,
BE IT ORDAINED by the City Council of the City of Morro Bay as
follows:
Section 1. Section 13.20.080(B) of the Morro Bay Municipal Code
shall be amended to add:
"6. Family Day Care Homes, as defined in Section 17.12.272
of this code."
Section 2. Morro Bay Municipal Code Section 17.20.130 (A) shall
be amended to add:
"6. Child Day Care Facilities, Day Care Centers and Family
Day Care Homes as defined in Chapter 17.12 of this code."
Section 3. Section 17.48.260(c)(6) shall be amended to delete
the words "; or family and childcare instruction for more than six
students from the Home Occupation requirements."
1
• •
Ordinance No. 421
Page Two
Section 4. Section 17.12.272 shall be added to read as follows:
17.12.272 "Family Day Care Home" means a home which regularly
provides care, protection, and supervision of 12 or fewer children, in
the provider's own home, for periods of less than 24 hours per day,
while the parents or guardians are away, and includes the following;
(A) "Large Family Day Care Home" which means a home which
provides family day care to 7 to 12 children, inclusive,
including children under the age of 10 years who reside at
the home, as defined in regulations promulgated pursuant to
the California Family Child Care Facilities Act.
(B) "Small Family Day Care Home" which means a home which
provides family day care to six or fewer children, including
children under the age of 10 years who reside at the home,
as defined in regulations promulgated pursuant to the
California Family Child Care Act.
Section 5. Section 17.12.158 shall be added to read as follows:
17.12.158 "Child Day Care Facility" means a facility which
provides nonmedical care to children under 18 years of age in need of
personal services, supervision, or assistance essential for sustaining
the activities of daily living or the protection of the individual on
less than a 24 -hour basis. "Child Day Care Facility" includes Day
Care Centers and Family Day Care Homes.
Section 6. Section 17.12.196 shall be added to read as follows:
17.12.196. "Day Care Center" means any child day care facility
other than a Family Day Care Home, and includes infant canters,
preschools, and extended day care facilities
Section 7. Section 17.44.020(B)(i) shall be amended to add:
(i) Parking for Large Family Day Care Homes, as described in
Section 17.12.272 of this Code. One additional off- street parking
space for each employee of the proprietor.
Section 8. Chapter 17.46 shall be added to the Morro Bay
Municipal Code to read as follows:
"17.46 Child Day Care Facilities.
2
• •
Ordinance No. 421
Page Three
17.46.010 Definitions. See the definitions listed in Chapter
17.12.
17.46.020 Use of Single Family Dwellings as Small Family Day
Care Homes.
The use of a single family dwelling as a Small Family Day Care
Home which is properly licensed under the California Child Day Care
Facilities Act shall be considered a principal permitted use of such
property and shall be allowed as a matter of right in all areas of the
City of Morro Bay which are zoned for residential uses. No permit,
use permit, Coastal Development Permit, tax, fee, or business license
shall be required or imposed for such use.
17.46.030 Use of Single Family Dwellings as Large Family Day
Care Homes.
A. The Community Development Director shall grant an
administrative Coastal Development Permit pursuant to § 17.20.130 and
an Administrative Home Occupation Permit for the use of single family
dwellings as a Large Family Day Care Home only if such single family
dwelling complies with the requirements of this code concerning
spacing and concentration of Large Family Day Care Homes, traffic
control, parking and noise control, and any regulations adopted by the
State Fire Marshal pursuant to the California Child Day Care
Facilities Act, and is properly licensed under the California Child
Day Care Facilities Act. No tax, fee or business license shall be
required or imposed for such use.
B. The Community Development Director shall grant such home
occupation permit for a Large Family Day Care Home subject only to the
following conditions:
1. Activities shall be conducted entirely within the dwelling
unit or enclosed rear yard area and shall not alter the
appearance of such structure.
2. There shall be no sales or display on_the premises.
3. There shall be no signs other than address and names of
residents.
4. Off - street paved parking for each employee's vehicles used
in connection with the home occupation shall be provided in
addition to parking required for the residence accordance
with Section 17.44.020(8)1.
3
• •
Ordinance No. 421
Page Four
5. A minimum of one additional improved off- street drop -off and
pick -up parking space shall be provided unless the paved
width of the street includes on- street paved parking in
front of the residence for a minimum of one space.
6. Activities conducted and equipment or materials used shall
not change the fire safety or occupancy classifications of
the premises, nor use utilities different from those
normally provided for residential use."
7. Noise created by said use shall be consistent with the City
Noise Element and any City Noise Ordinances.
17.46.040 Day Care Centers.
A. Day Care Centers shall be principal permitted uses in MCR,VS-
C, C -1 -N, C -1, C -2 and G -O zones. Notwithstanding § 17.71.040 and
17.32.070 which require Conditional Use Permits for all uses in such
MCR and VS -C zones, only an administrative use permit as established
herein is required for Day Care Centers.
B. The Community Development Director may grant an
Administrative Permit for the use of facilities other than single
family dwellings for Day Care Centers only if such residence or
facility complies with Chapter 8.14 and Titles 14 and 17 of this code,
and any regulations adopted by the State Fire Marshal pursuant to the
California Child Day Care Facilities Act, and is properly licensed
under the California Child Day Care Facilities Act, and:
(1) Meets a minimum standard of 75 square feet of space for each
child who is not an infant. The above described minimum outdoor area
per child must be either owned or leased by the applicant and cannot
be shared with other property owners unless permission is granted by
the other property owners. The above space requirements can be waived
if the applicant can demonstrate that there is a public park, school
or other public open area in close proximity to the family day care
home.
(2) Does not materially reduce the privacy otherwise enjoyed by
residents of adjoining property;
(3) Provides adequate access to the facility with minimum
disruption to local traffic and circulation;
(4) Will not result in noise which may be a nuisance to
neighbors.
4
Ordinance No. 421
Page Five
• •
C. No tax, fee or business license shall be required or imposed
for such use.
Introduced at a regular meeting of the City Council of Morro Bay,
held on the 28th day of September, 1992, by motion of Councilmenber
Baker and seconded by Councilmember Luna.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City
of Morro Bay at a regular meeting held thereof on the 12th day of
October, 1992, by the following roll call vote:
AYES: Baker, Luna, Mullen, Wuriu, Sheetz
NOES: None
ABSENT: None
ARDITH DAVIS, City Clerk
I, ARDITH DAVIS, City Clerk of the City of Morro Bay, County of
San Luis Obispo, State of California, do hereby certify under penalty
of perjury that the foregoing Ordinance is a true, full and correct
copy of said Ordinance passed and adopted at a regular meeting of said
Council on the 12th day of October , 1992.
ARDITH DAVIS, CITY CLERK
5
ORDINANCE NO. 420
AN ORDINANCE REVISING ORDINANCE 116, ORD. 124, ORD. 259, ORD. 308,
AND CHAPTER 10.32 OF THE MORRO BAY MUNICIPAL CODE TO MODIFY THE STATE
SPEED LIMIT ON CERTAIN STREETS OR PORTIONS THEREOF
T H E C I T Y C O U N C I L
City of Morro Bay, California
Ordinance No. 116, Ord. No. 124, Ord. No. 259, Ord. No. 308, and
Chapter 10.32 of the Morro Bay Municipal Code are hereby amended to
read as follows:
10.32.010 Streets Designated: The prima facie speed limit shall be
as set forth in this section on those streets or portions thereof
designated in this section when signs are erected notice thereof:
Speed Limit
Name of Street or Portion Affected (Miles per Hour)
Main Street: Yerba Buena Street to Atascadero
Road (State Highway 41) 40
Main Street: Atascadero Road (State Highway 41)
to State Highway 1 on /off Ramp (N. of Radcliffe) 35
Main Street: State Highway 1 on /off ramp (N. of
Radcliffe) to Quintana Road 30
Main Street: Marina Street to Morro Bay State
Park 30
Quintana Road: Main Street to Morro Bay Boulevard 35
Quintana Road: Morro Bay Boulevard to La Loma
Avenue 30
Quintana Road: La Loma Avenue to Easterly City
Limits 40
South Bay Boulevard: State Highway 1 to Southerly
City Limits 40
• •
Ordinance No. 420
Page Two
Introduced at a regular meeting of the Morro Bay City Council
held on the 28th day of September, 1992 by motion of Council Member
Wuriu , seconded by Council Member Luna
PASSED AND ADOPTED by the City Council of the City of Morro Bay
at a regular meeting held on the 12th day of October , 1992, by the
following vote:
AYES: Baker, Luna, Mullen, Wuriu, Sheetz
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
ARDITH DAVIS, City Clerk
dr:miscproj:ord308
ROSE MARIE SHE , Mayor
• •
a 720.4/1- VOID
• •
&ld mute )24, 4147 - SAS 07 wa to Aattiarenoo
• •
ORDINANCE NO. 417
AN ORDINANCE OF THE CITY OF MORRO BAY AMENDING ORDINANCE NO. 336,
ORDINANCE NO. 347, ORDINANCE NO. 374, ORDINANCE NO. 381,
AND MORRO BAY MUNICIPAL CODE SECTION 13.04.345.E
DELETING CERTAIN WATER USE RESTRICTIONS IN LEVEL 2,
MODERATELY RESTRICTED WATER SUPPLY CONDITIONS
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, by Ordinance No. 336, Ordinance No. 347, Ordinance No.
374, and Ordinance No. 381, the City Council of the City of Morro Bay
did establish and amend Municipal Code Section 13.04.345 requiring
the community to adhere to certain mandatory water conservation
practices during certain water supply conditions; and
WHEREAS, said Ordinances establish various levels of
conservation requirements based on the prevailing water supply
conditions; and
WHEREAS, it is deemed appropriate to modify or delete certain
water use restrictions currently established under Level 2,
Moderately Restricted Water Conditions.
NOW, THEREFORE, the City Council of the City of Morro Bay does
hereby ordain as follows:
I. In accordance with Government Code Section 36937 the City
Council does make each and all of the listed findings and
statements set forth above.
II. Ordinance No. 336 Section 2, Ordinance No. 347 Section 3,
Ordinance No. 374 Section II, Ordinance No. 381, and
Municipal Code Section 13.04.345.B are hereby amended as
follows:
A. Morro Bay Municipal Code Section 13.04.345.B.4.b is
herewith amended to read as follows:
frrigatien- -ef-- pr- tvet�- end-- pubi4e-- }andseaping;
turf-- reasr -and-- gardens - -ks -- permitted} -et -even
--- and
nn ere - -�,-�� envy -cur -Wednesdays-
Sundays;- and- -at- odd -i red-- addresses- btrly+ - -en
Tuesdays -- and -- Saturdays: All consumers are
directed to use no more water than necessary to
maintain landscaping.
B. Morro Bay Municipal Code Section 13.04.345.8.7 is
herewith deleted.
Introduced at the regular meeting of the City Council of Morro
Bay held on the 9th day of March 1992 by motion of Councilmember
Mullen and seconded by Councilmember Baker.
• •
ORDINANCE NO. 417
PAGE 2
PASSED AND ADOPTED by the City Council of the City of Morro Bay
at a regular meeting thereof held on the 23rd day of March, 1992
by the following rollcall vote:
AYES: Baker, Luna, Mullen, Wuriu, Sheetz
NOES: None
ABSTAIN: None
ABSENT: None
Attest:
ARDITH DAVIS, City Clerk
GHN:LC /GHN2:ORD
OSE MARIE SHEETZ, Mayor
inda-tente-€2-24 zp, _ 6.,
•
• •
ORDINANCE NO. 416
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY
AMENDING SPECIFIC PROVISIONS OF TITLE 14 OF THE MORRO BAY
MUNICIPAL CODE RELATING TO THE SEISMIC SAFETY PROGRAM FOR
REDUCING EARTHQUAKE HAZARD IN EXISTING BUILDINGS
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 14 of the Morro Bay Municipal Code is hereby
amended as follows:
Section 14.18.80 - Time for Compliance with Order:
A. The owner of a building within the scope of this chapter
shall comply with the requirements set forth above by submitting
to the building official for review within the stated time
limits:
1. Not later than July 1, 1997, a structural analysis, which is
subject to approval by the building official, and which
shall demonstrate that the building meets the minimum
requirements of this chapter; or
2. Not later than July 1, 1997, the structural analysis and
plans for the proposed structural alterations of the
building necessary to comply with the minimum requirements
of this chapter; or
3. Not later than July 1,
anchors in accordance
Section 14.18.90 C; or
4. Not later than July 1,
building.
1997, plans for installation of wall
with the requirements specified in
1997, plans for the demolition of the
• •
TABLE NO. 14.18-0k
TIME LIMITS FOR COMPLIANCE
REQUIRED ACTION OBTAIN BUILDING COMMENCE COMPLETE
BY OWNER PERMIT CONSTRUCTION CONSTRUCTION
Complete Structural
Alterations or July 1, 1999 Jan. 1, 2000 Jan. 1, 2001
Building Demolition
Wall Anchor
Installation
Jan. 1, 1998 July 1, 1998 July 1, 1999
Introduced at the regular meeting of the City Council of Morro
Bay held on the 24th day of February, 1992, by motion of
Councilmember Mullen and seconded by Councilmember
Wuriu
PASSED AND ADOPTED by the City Council of the City of Morro
Bay at a regular meeting held thereof on the 9th day of March
1992.
AYES: Baker, Luna, Mullen, Wuriu, Sheetz
NOES: None
ABSENT: None
ATTEST:
ARDITH DAVIS, City Clerk
OSE MARIE SHEETZ, Ma '.••r
• •
no . 4/5 -` ektale tP 8 - £o a ensr. et,tt(<<a .:;..
• ORDINANCE NO. 415
•
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ANNOUNCING
FINDINGS AND ACCEPTING COASTAL COMMISSION CERTIFICATION WITH
CONDITIONS AND ADOPTION OF AMENDMENTS TO THE IMPLEMENTATION PLAN OF
THE MORRO BAY LOCAL COASTAL PROGRAM TO CONFORM TO MEASURE H
T H E C I T Y C O U N C I L
City of Morro Bay, California
CASE NO. GPA /LCP /ZOA 01 -91 (MEASURE H)
The City Council of the City of Morro Bay does ordain as follows:
Section 1.
WHEREAS, on the 10th day of June, 1991 the City Council of the
City of Morro Bay did adopt Resolution No. 64 -91, which Resolution did
amend the Local Coastal Program Land Use Plan and Text and General
Plan Land Use Plan and Text for the Williams Brothers Property; and
WHEREAS, The City Council of the City of Morro Bay on the 24th
day of June, 1991, did adopt Ordinance No. 400 which Ordinance adopted
certain amendments to the Morro Bay Local Coastal Program
Implementation Plan, Title 17 of the Morro Bay Municipal Code (Zoning
Map) for property known as the Williams' Brothers property, generally
located adjacent to Highway 1 and Morro Bay Boulevard as intended by
citizens initiative Measure H; and
WHEREAS, such amendments were submitted to the California Coastal
Commission for certification as part of the City's Local Coastal
Program, such amendments to become effective immediately and
automatically upon certification by said Coastal Commission; and
WHEREAS, said amendments were considered by the California
Coastal Commission at its regular meetings held October 11, and
November 13, 1991, and were certified with the condition that said
amendments include certain modifications to the offical zoning map as
recommended and set forth in the report and action taken by the
Coastal Commission; and
WHEREAS, because said modifications were major in nature, the
City Council, on the 27th day of January, 1992 did refer the
modifications to the Planning Commission for review and
recommendations; and
WHEREAS, on the 18th day of February, 1992 the Planning
Commission held a duly noticed PUBLIC HEARING to consider the
modifications, staff report and public testimony; and
WHEREAS, the Planning Commission, following said PUBLIC HEARING
did make recommendations to the City Council; and
WHEREAS, the City Council, on the 24th day of February, 1992 did
hold a duly noticed PUBLIC HEARING to consider the Coastal Commission
modifications, the Planning Commission recommendations and all public
testimony; and
WHEREAS, the City Council does hereby determine and find for the
purposes of the California Environmental Quality Act that the
contemplated modifications to the Local Coastal Program and the
Ordinance No. 415
Page Two
• •
supporting information are exempt from CEQA as the functional
equivalent of an EIR, and no further documentation is necessary; and
WHEREAS, the contemplated modifications to the amendments are
internally consistent with other portions of the Local Coastal Program
and are consistent with all elements of the City's adopted General
Plan.
SECTION 2:
NOW, THEREFORE, BE IT HEREBY ORDAINED by the City Council of the
City of Morro Bay California as follows:
1. The City Council of the City of Morro Bay hereby finds that
the above recitations are true and correct and constitute the findings
of the City Council in the matter; and
2. The City Council hereby accepts the conditions of
certification by the California Coastal Commission and amends to
conform thereto its previously adopted Ordinance No. 400 which
Ordinance adopted amendments to the Morro Bay Local Coastal Program
Implementation Plan, Title 17 of the Morro Bay Municipal Code (Zoning
Map) within the Williams Brothers property; said conditions are set
forth in Exhibits A and B attached hereto and made a part hereof by
reference; and
3. The City Council hereby acknowledges the California Coastal
Commission resolution of certification including the terms and
modifications which were required for final certification; accepts and
agrees to such terms and modifications and by this Ordinance takes the
formal action required to satisfy the terms and modifications and
agrees to issue Coastal Development Permits for the total area
included in the certified Land Use Plan pursuant to Public Resources
Code 30600.5 in accordance therewith.
Introduced at a regular meeting of the City Council of Morro Bay,
held on the 24th day of February, 1992, by motion of Mayor
Sheetz and seconded by Councilmember Baker
PASSED AND ADOPTED by the City Council of the City of Morro Bay
at a regular meeting held thereof on the 9th day of March , 1992 by
the following roll call vote:
AYES: Baker, Wuriu, Sheetz
NOES: Luna, Mullen
ABSENT: None
ATTEST
ARDITH DAVIS, City Clerk
APPROVED AS TO: FORM:
tkW 9Lv
JU Y SKOUSEN, City Attorney
4-
ROSE MARIE S4i ETZ, May
MORRO BAY LOCAL COASTAL PROGRAM AMENDMENT 2 -91 (MEASURE H)
II. SUGGESTED MODIFICATIONS
1. Revise the Land Use Plan Mao tilanathaari to
recommendation as shown on Exhibit /2 to show th
use designation a strict Comaner i i' Planned
Vsirror. arvi'.s91 Lo enin�tl��nanrs
2. Revi y the land,Mse Plzen Ma to r�designate.sti e
ar=inot� e subje�cot,of Me th
5 i 7g{ yeas apt
alc r a e
esi at_ use d St_ Highway
;ch ub 4- A .
Page 6
reflect the
e limits of the land
Zelopp cC� /grG0..�
aini acr s th-
la us
3. Revise the City Zoning Map Saila to show the limits of the
Ir+ zoning district, eitualargEtaigatt, (see Exhibit 12).
4. Reuse he ty loonirya Maps ty re4Rsig ate be r mai)ing trey th
I
e- t supj'ec- of was e ac' to .e ric turg za`
di ric:� •.ruff t ( exep c/ th� crev tc. d i n ed
'fiis t` U an
/r' at d
ur 00
}�da�y ref ec/,tiaJ�ew oc to of e
r ct Si6mite rc i ` 1 d ye arm nee 0 y,�e ( ee
e ee �.,e „ rc
� c an re' se
III. RECOMMENDED FTNOEMGS:
The Commission finds and declares as Follows:
A. Content and Location of Submittal
The propose_ amendment affects tie =_proximate 38 acre area previously
rezoned to Commercial and Visitor - Serving pursuant to a voter initiative
in November of 1986. The. Coastal Commission approved a redesignation in
.tune of 1988 pursuant to that voter initiative (Measure B), with
subsequent Commission action on the implementation portion to fully
implement Measure 8. That redesignation (;ram the original LCP
designation of Agriculture) remained a topic of controversy in the City
of Morro Bay culminating in another voter initiative, Measure 'H'
Measure 'H' proposed:
P1 n m- i c °`� � +t• sh t +c acres
7y es ra to a•_a ohd c_- 4i na res
e ni m to ho �h a s signat
To amend its General Plan and Land Use Plan and all.applicable
ordinance;, policies and maps to designate a portion of the Williams
property within the city limits for district commercial use, including_
a new shopping center. The total area to be designated shall be 13
gross acres. generally located adjacent to Highway 1 and Morro Bay
Boulevard. (see Exhibit 5 For full text).
zn
v �
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6
9 i
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IL Q Q
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o ;
u < r
d
n Cl gi
9 o O
Q � V
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r 1\ < /
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T_1�
11 1 1 // /N• r1'1j;,irIiI : I i
I i ! \ \.\ \ /i // r ,1;, 1 1
1 � 1
\ \ \ \\ L' / /,,/h;),;;;
,...\\.\.N.\..c..___, yN._,./ " // / 7/ //
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\ ___N____,
--, ___>.:,_,z(i.4::,/,
i
•
I
VISI-roie- SOC./ tt4 4,
t".;!) ,,H11 , ■ s\-________, „
U
ti
\\
January 15, 1992
Job No. 112 -01E
• •
PROPERTY DESCRIPTION
Ct 6
That portion of Parcel 1 of Parcel Map CO/MB 89 -363 shown on the map recorded in Book
48 of Parcel Maps at Page 13, in the Office of the County Recorder, County of San Luis
Obispo, State of California, described as follows;
BEGINNING at a point on the southerly line of said Parcel 1, said point bears North 52°
48' 24" West, a distance of 68.46 feet from the westerly terminus of that certain course
described as North 55° 09' 43" West, a distance of 901.59 feet as shown on said Parcel Map;
1. Thence North 36° 59' 48" East, a distance of 304.50 feet;
2. Thence South 53° 00' 11" East, a distance of 162.00 feet;
3. Thence North 36° 59' 48" East, a distance of 100.00 feet to a tangent curve,
concave southeasterly;
4. Thence northeasterly along said curve, having a radius of 500.00 feet, through
a central angle of 19° 56' 35 ", an arc distance of 174.04 feet;
5. Thence North 56° 56' 24" East, a distance of 31338 feet to a tangent curve,
concave northwesterly;
6. Thence northeasterly along said curve, having a radius of 900.00 feet, through
a central angle of 30° 44' 11 ", an arc distance of 482.81 feet;
7. Thence North 26° 12' 12" East, a distance of 442.05 feet;
8. Thence South 63° 47' 48" East, a distance of 195.00 feet to a tangent curve,
concave southwesterly;
9. Thence southeasterly and southwesterly along said curve, having a radius of
300.00 feet, through a central angle of 89° 59' 59 ", an arc distance of 471.24
feet;
10. Thence South 26° 12' 11" West, a distance of 479.00 feet;
11. Thence South 63° 47' 48" East, a distance of 60.00 feet;
12. Thence South 12° 19' 50" East, a distance of 554.18 feet;
13. Thence South 60° 28' 07" West, a distance of 60.00 feet;
14. Thence South 29° 31' 53" East, a distance of 191.17 feet to a tangent curve,
concave northeasterly;
15. Thence southeasterly along said curve, having a radius of 268.00 feet, through
a central angle of 43° 45' 29 ", an arc distance of 204.68 feet;
16. Thence South 73° 17' 22" East, a distance of 135.00 feet;
17. Thence South 17° 49' 54" West, a distance of 335.78 feet to the southerly line
of said Parcel 1;
ex
• •
The following six (6) courses being along said southerly line;
18. Thence North 72° 10' 06" West, a distance of 154.91 feet to a non - tangent
curve, concave northeasterly (a radial to said curve bears South 17° 52' 12"
West);
19. Thence northwesterly along said curve, having a radius of 350.00 feet, through
a central angle of 30° 24' 00 ", an are distance of 185.70 feet;
20. Thence North 41° 43' 42" West, a distance of 10838 feet, to a non - tangent
curve, concave southerly (a radial to said curve bears North 48° 15' 46" East);
21. Thence northwesterly and southwesterly along said curve, having a radius of
500.00 feet, through a central angle of 75° 36' 27 ", an arc distance of 659.80
feet;
22. Thence North 55° 09' 43" West, a distance of 901.59 feet;
23. Thence North 52° 48' 24" West, a distance of 68.46 feet to the TRUE POINT
OF BEGINNING.
David A. Marchell
P.L.S. 6375
112- 01Z7.des
1-16-92
ex
6
---\- RI UNE Of PARCEL 1
PER 48 P74
PER 48 PY 73
N2612'12'E
442.05'
= 1956'35'
R = 500.00'
L = 174.04'
N3659'48'E
100.00'
N3659 '148'E
A = 304f11'
R = 900.00'
L = 48281'
5
= 8959'59'
= 300.00'
L = 471.24'
48
1
S2612'11'W
479.00'
13
563'4748 "E
60.00'
S6078'07'14
60.00'
o = 4Y45'29'
R = 26800' S7317'22'
L a 204.68' 135.00'
553'00'11'E
162.00'
MORRO BAY Bt�
304.50'
arlar
N55179'4311. 907.59
300
N52'48'24'W
88.48'
154.91
21006
A = 75'6'27"
R = 500.00'
= 659.80'
POINT OF BEGINNING
0
160
CALIFORNIA STATE RIORTfAY 1
SOUTHERLY UNE OF PARCEL
1 PER 48 PM 73
GRAPHIC SCALE
300
600
V
n
1200
(INS)
1 inch = 300 ft.
41'43'42' w
108.38'
= 3024'00'
R = 350.00'
L =185.70'
IMid —State Engineers
Olerlera
Lai Pisan
�-
... —. ana .
M 1r 0i1q. u =w$I Ni eo. 111.0
0111N111
January 15, 1992
112-01E
• •
PROPERTY DESCRIPTION
That portion of Parcel 1 of Parcel Map CO/MB 89 -363 shown on the map recorded in Book
48 of Parcel Maps at Page 13, in the Office of the County Recorder, County of San Luis
Obispo, State of California, described as follows;
Beginning at a point on the southerly line of said Parcel 1, said point bears North 52° 48'
24" West, a distance of 68.46 feet from the westerly terminus of that certain course
described as North 55° 09' 43" West, a distance of 901.59 feet as shown on said Parcel Map;
Thence North 36° 59' 48" East, a distance of 304.50 feet;
Thence South 53° 00' 11" East, a distance of 162.00 feet;
Thence South 45° 58' 47" East, a distance of 43.08 feet;
Thence South 27° 35' 39" West, a distance of 64.00 feet to a non - tangent curve concave
northeasterly (a radial to said curve bears South 27° 35' 39" West);
Thence easterly along said curve, having a radius of 412.00 feet, through a central angle of
12° 00' 09 ", an arc distance of 86.31 feet;
Thence South 74° 24' 29" East, a distance of 88.94 feet to a tangent curve concave
southwesterly;
Thence southeasterly along said curve, having a radius of 948.00 feet, through a central
angle of 14° 20' 12 ", an arc distance of 237.21 feet to the TRUE POINT OF BEGINNING;
1. Thence South 53° 39' 53" West, a distance of 60.76 feet;
2. Thence South 30° 23' 58" West, a distance of 69.40 feet;
3. Thence South 51° 15' 48" West, a distance of 163.37 feet;
4. Thence South 80° 27' 21" West, a distance of 65.45 feet to the southerly line of said
Parcel 1;
The following two (2) courses being along the southerly line of said Parcel 1;
5. Thence South 55° 09' 43" East, a distance of 454.07 feet to a non - tangent curve
concave southerly, (a radial to said curve bears North 27° 20' 42" West);
6. Thence easterly along said curve, having a radius of 500.00 feet, through a central
angle of 18° 34' 01 ", an arc distance of 162.03 feet;
7. Thence North 32° 37' 36" East, a distance of 123.52 feet to a non - tangent curve
concave southwesterly, (a radial to said curve bears North 57° 16' 48" East);
8. Thence northwesterly along said curve, having a radius of 938.50 feet, through a
central angle of 7° 05' 44 ", an arc distance of 116.23 feet to a reverse curve concave
northeasterly;
1
• •
a6
9. Thence northwesterly along said curve, having a radius of 21.50 feet, through a
central angle of 49° 29' 10 ", an are distance of 18.57 feet to a reverse curve concave
southwesterly;
10. Thence northwesterly along said curve, having a radius of 5.00 feet, through a central
angle of 50° 42' 37 ", an arc distance of 4.43 feet to a compound curve concave
southwesterly;
11. Thence northwesterly along said curve, having a radius of 948.00 feet, through a
central angle of 19° 01' 53 ", an arc distance of 314.89 feet to the TRUE POINT OF
BEGINNING.
_.
ibru
David A. Marchell
P.L.S. 6375
112 -01 Z3.des
2
Er 6
N3659'48'E
304.50'
N 52'48'24'
NORTHERLY UNE OF PARCEL I
PER 48 PM 73
55Y00'11•E
16200'
4558'47T
4408'
S27J5'J9'W
64.00'
N52'48'24'W
68.46'
POINT OF COMMENCEMENT
0
o = 12'00'09'
R = 41200'
L = 88.37'
S7424.29'E
8894'
BAY
•� U9.54
SJ023'58'W
69.40'
3511548'W
76437
58027'21'W
29426'65.45'
110
A = 1470'12'
R = 948.00'
L = 237.27'
LV
TRUE POW OF OE448019
o = 19'01'53'
= 94800'
L = 314.89'
= 50'42'37'
R = 5.00'
L = 4.43'
o = 492910'
R = 21.50'
L = 1857'
A = 07'05'44'
= 93850'
= 116.23'
J2173f t
12452
N5589.4319
CALIFORNIA STATE RICHjAY 1
SCUMMY LINE OF PARCEL
1 PER 48 PM IJ
GRAPHIC SCALE
300
600
0 = 7814'01'
R = 500.00'
NI L = 16207'
1200
(IN FEET )
1 inch = 900 ft.
' Mid -State Engineers
— u..Wrr. u nub r�i I12.01
m/iyIat
•
January 14, 1992
Job No. 112 -01E
PROPERTY DESCRIPTION
That portion of Parcel 1 of Parcel Map CO/MB 89 -363 shown on the map recorded in Book
48 of Parcel Maps at Page 13, in the Office of the County Recorder, County of San Luis
Obispo, State of California, described as follows;
Commencing at a point on the southerly line of said Parcel 1, said point bears North 52°
48' 24" West, a distance of 68.46 feet from the westerly terminus of that certain course
described as North 55° 09' 43" West, a distance of 901.59 feet as shown on said Parcel Map;
Thence North 36° 59' 48" East, a distance of 304.50 feet;
Thence South 53° 00' 11" East, a distance of 162.00 feet;
Thence South 45° 58' 47" East, a distance of 43.08 feet;
Thence South 27° 35' 39" West, a distance of 64.00 feet to a non - tangent curve concave
northeasterly (a radial to said curve bears South 27° 35' 39" West);
Thence easterly along said curve, having a radius of 412.00 feet, through a central angle of
12° 00' 09 ", an arc distance of 8631 feet;
Thence South 74° 24' 29" East, a distance of 88.94 feet to a tangent curve concave
southwesterly;
Thence easterly along said tangent curve, having a radius of 948.00 feet, through a central
angle of 6° 50' 14 ", an arc distance of 113.13 feet to the TRUE POINT OF BEGINNING;
1. Thence South 53° 39' 53" West, a distance of 26.18 feet;
2. Thence South 30° 23' 58" West, a distance of 71.80 feet;
3. Thence South 51° 15' 48" West, a distance of 114.48 feet;
4. Thence South 80° 27' 21" West, a distance of 149.20 feet to the southerly line of said
Parcel 1;
5. Thence South 55° 09' 43" East along said southerly line a distance of 157.27 feet;
6. Thence North 80° 27' 21" East, a distance of 65.45 feet;
7. Thence North 51° 15' 48" East, a distance of 16337 feet;
8. Thence North 30° 23' 58" East, a distance of 69.40 feet;
9. Thence North 53° 39' 53" East, a distance of 60.76 feet to a non - tangent curve,
concave southwesterly (a radial to said curve bears North 29° 55' 43" East);
10. Thence northwesterly along said curve, having a radius of 948.00 feet, through a
central angle of 7° 29' 58 ", an arc distance of 124.08 feet to the TRUE POINT OF
BEGINNING.
David A. Marchell
P.L.S. 6375
112- 01Z2.des
B
N3659'48'E
304.50'
Norma LINE OF PARCEL 1
PER 48 PM 13
S53roo'it'E
162.00'
= 1290'09'
R =41200'
L = 86.31'
S7474'29t
88.94'
13
= 0650'14'
R = 948.00'
L = 713.13'
S53395J'W
26.18'
1
TRUE POINT OF BEGINNING
0 = 0779•8'
R = 948.00'
L = 124.08'
ORR Bq Y
N S2'48'24' W
4558'47'E
4108' _ S3023'58'W
527'35'39'W 72.80'
64.00' S51 5'48'W
114.48'
S802721'W
149.29026'
N5599'4J'W
N52'48'24'W
68.46'
N 60.76'
N3023'58'E
69.40' N295543'6 (RAD)
N5I75'48t
167.77'
148801457.21T
65.45'
7 7'
P9wT OF CouuDICOIENT CALIFORNIA STATE EIGINIAY 1
0
160
SOUTHERLY UNE OF PARCEL
1 PER 48 Phi 13
GRAPHIC SCALE
300
600
1200
( IDt FEET
1 inch = 300 It
IMid —State Engineers
US Waren
lama Pinson «, lab stmt dn,,.�a7 pit -.e'
Oa 1m C. u wY� hi
02-0112
0
02-0a
•
February 14, 1992
Job No. 112 -01E
PROPERTY DESCRIPTION
• Flc6
FEB 14 1992
JMMUNITY DEVELOPMENT
That portion of Parcel 1 of Parcel Map COMB 89 -363 shown on the map recorded in Book
48 of Parcel Maps at Page 13, in ,the Office of the County Recorder, County of San Luis
Obispo, State of California, described as follows;
BEGINNING at a point on the southerly line of said Parcel 1, said point bears North 52°
48' 24" West, a distance of 68.46 feet from the westerly terminus of that certain course
described as North 55° 09' 43" West, a distance of 901.59 feet as shown 011 said Parcel Map;
1. Thence North 36° 59' 48" East, a distance of 304.50 feet;
2. Thence South 53° 00' 11" East, a distance of 162.00 feet;
3. Thence South 36° 59' 48" West, a distance of 73.70 feet to a non - tangent curve
concave northeasterly (a radial to said curve bears South 35° 02'11" West);
4. Thence easterly along said non - tangent curve, having a radius of 412.00 feet, through
a central angle of 19° 26' 41 ", an arc distance of 139.82 feet;
5. Thence South 74° 24' 29" East, a distance of 88.94 feet to a tangent curve concave
southwesterly;
6. Thence easterly along said tangent curve, having a radius of 948.00 feet, through a
central angle of 6° 50' 14 ", an arc distance of 113.13 feet;
7. Thence South 53° 39' 53" West, a distance of 26.18 feet;
8. Thence South 30° 23' 58" West, a distance of 71.80 feet;
9. Thence South 51° 15' 48" West, a distance of 114.48 feet;
10. Thence South 80° 27' 21" West, a distance of 149.20 feet to the southerly line of said
Parcel 1;
11. Thence North 55° 09' 43" West along said southerly line, a distance of 290.26 feet;
12. Thence North 52° 48' 24" West along said southerly line, a distance of 68.46 feet to
the POINT OF BEGINNING.
David A. Marchell
P.L.S. 6375
112- 01Z1.des
ex 6
..------1\ - PER P11 13 OF PARLI7. I
PER 48 PM IJ
N3659'48"E
304.50'
52'48'21•
65300'11 "E
162.00'
53659'48
7.170'
A = 1926'11'
R = 412.00'
L = 139.82'
5717419T
88.94'
1
D = 0650'11'
R = 918.00'
L = 113.13'
N521024'W N55119.4.2*
68.46'
PC011 CF 88:008116
0
160
M ORRR —
SSJJ95J'w
26.18'
S307J'S8'W
71.80'
S5175'18'W
114.48'
CALIFORNIA STATE MGM /AY 1
SOUPERLY UNE OF PARCEL
1 PER 48 PM IJ
GRAPHIC SCALE
600
48
13
FER 1 1 1992
)MMUNITY DEVELOPMES
1200
( IN FEET )
1 inch = 300 ft
IMid —State Engineers
1-1 ti
w t Oe a •ai FAX :34= u
January 15, 1992
112 -01E
• •
PROPERTY DESCRIPTION
EX6
That portion of Parcel 1 of Parcel Map COMB 89 -363 shown on the map recorded in Book
48 of Parcel Maps at Page 13, in the Office of the County Recorder, County of San Luis
Obispo, State of California, described as follows;
Commencing at a point on the southerly line of said Parcel 1, said point bears North 52°
48' 24" West, a distance of 68.46 feet from the westerly terminus of that certain course
described as North 55° 09' 43" West, a distance of 901.59 feet as shown on said Parcel Map;
Thence North 36° 59' 48" East, a distance of 304.50 feet;
Thence South 53° 00' 11" East, a distance of 162.00 feet;
Thence North 36° 59' 48" East, a distance of 100.00 feet to a tangent curve concave
southeasterly;
Thence northeasterly along said curve, having a radius of 500.00 feet, through a central
angle of 19° 56' 35 ", an arc distance of 174.04 feet;
Thence North 56° 56' 24" East, a distance of 31338 feet to a tangent curve concave
northwesterly;
Thence northeasterly along said curve, having a radius of 900.00 feet, through a central
angle of 10° 18' 54 ", an arc distance of 162.03 feet to the TRUE POINT OF BEGINNING;
1. Thence South 61° 25' 03" East, a distance of 552.04 feet;
2. Thence North 26° 12' 11" East, a distance of 479.00 feet to a curve concave
southwesterly;
3. Thence northeasterly and northwesterly along said curve having a radius of
300.00 feet, through a central angle of 89° 59' 59 ", an arc distance of 471.24
feet;
4. Thence North 63° 47' 48" West, a distance of 195.00 feet;
5. Thence South 26° 12' 12" West, a distance of 442.05 feet to a tangent curve,
concave northwesterly;
6. Thence southwesterly along said curve, having a radius of 900.00 feet, through
a central angle of 20° 25' 17 ", an arc distance of 320.78 feet to the TRUE
POINT OF BEGINNING.
David A. Marchell
P.L.S. 6375
112- 01Z5.des
1
FCC
r'
'.---n\- 52612'12'W
442.05'
NORTHERLY LINE OF PARCEL 1
PER 48 PM IJ
TRUE PUNT OF BOWING
a - 1956'35'
R - 500.00'
L =174.04'
N3659'48'E
100.00'
N3659'481
304.50'
S53'0011'E
162.00'
5.00
0 = 8959'59'
R = 300.00'
L = 471.24'
= 20'25'17'
R = 900.00'
kizr L = 320.78'
= 1078'54'
R = 900.00'
L = 162.03'
N52'48'24'W
68.46'
PUNT OF COMMENCEMENT
0
150
56125'OJ'E
55204
1
MORRO BAY B�VO
901.6911
cam-um STATE mangy ,
SOUTHERLY UNE OF PARCEL
I PER 48 PM 13
GRAPHIC SCALE
300
600
N2612.11.6
479.00'
P
48 \
13
1200
(IN S)
1 Inch = 300 ft.
IMid —State Engineers
��
A .u0. .=.r .00
W 1 OY76 CA OY.1 yi /.N-.T n}-01
T/U/111!
ICI -EID
•
February 14, 1992
112 -01E
PROPERTY DESCRIPTION
•
EKC3
LS O f l
FEB 1 4 1992
That portion of Parcel 1 of Parcel Map COMB 89 -363 shown on tbeffitlpticktiol &pail% tIcr
48 of Parcel Maps at Page 13, in the Office of the County Recorder, County of an uts
Obispo, State of California, described as follows;
Commencing at a point on the southerly line of said Parcel 1, said point bears North 52°
48' 24" West, a distance of 68.46 feet from the westerly terminus of that certain course
described as North 55° 09' 43" West, a distance of 901.59 feet as shown on said Parcel Map;
Thence North 36° 59' 48" East, a distance of 304.50 feet;
Thence South 53° 00' 11" East, a distance of 162.00 feet to the TRUE POINT OF
BEGINNING;
1. Thence North 36° 59' 48" East, a distance of 100.00 feet to a tangent curve
concave southeasterly;
2. Thence northeasterly along said curve, having a radius of 500.00 feet, through
a central angle of 19° 56' 35 ", an arc distance of 174.04 feet;
3. Thence North 56° 56' 24" East, a distance of 313.38 feet to a tangent curve
concave northwesterly;
4. Thence northeasterly along said curve, having a radius of 900.00 feet, through
a central angle of 10° 18' 54 ", an arc distance of 162.03 feet;
5. Thence South 61° 25' 03" East, a distance of 552.04 feet;
6. Thence South 63° 47' 48" East, a distance of 60.00 feet;
7. Thence South 12° 19' 50" East, a distance of 554.18 feet;
8. Thence South 60° 28' 07" West, a distance of 60.00 feet;
9. Thence South 29° 31' 53" East, a distance of 191.17 feet to a tangent curve
concave northeasterly;
10. Thence southeasterly along said curve, having a radius of 268.00 feet, through
a central angle of 2° 53' 59 ", an arc distance of 13.56 feet;
11. Thence South 54° 04' 01" West, a distance of 317.69 feet to the southerly line
of said Parcel 1 being a non - tangent curve concave southwesterly (a radial to
said curve bears North 38° 51' 07" East);
12. Thence northwesterly along said southerly line and along said curve, having
a radius of 500.00 feet, through a central angle of 30° 12' 34 ", an arc distance
of 263.63 feet;
13. Thence North 44° 46' 59" West, a distance of 80.51 feet to a non - tangent curve
concave southwesterly, (a radial to said curve bears North 60° 36' 33" East);
14. Thence northwestely along said curve, having a radius of 938.50 feet, through
a central angle of 10° 25' 30 ", an arc distance of 170.76 feet to a reverse curve
concave northeasterly;
1
• •
Ex 6
15. Thence northwesterly along said curve, having a radius of 21.50 feet, through
a central angle of 49° 29' 10 ", an are distance of 18.57 feet to a reverse curve
concave southwesterly;
16. Thence northwesterly along said curve, having a radius of 5.00 feet, through
a central angle of 50° 42' 37 ", an arc distance of 4.43 feet to a compound
curve concave southwesterly;
17. Thence northwesterly along said curve, having a radius of 948.00 feet, through
a central angle of 33° 22' 06 ", an arc distance of 552.10 feet;
18. Thence North 74° 24' 29" West, a distance of 88.94 feet to a tangent curve
concave northeasterly;
19. Thence northwesterly along said curve, having a radius of 412.00 feet, through
a central angle of 19° 26' 41 ", an arc distance of 139.82 feet;
20. Thence North 36° 59' 48" East, a distance of 73.70 feet to the TRUE POINT
OF BEGINNING.
David A. Marchell
P.L.S. 6375
112- 01Z4.des
2
ex 0
NLY1TNOLLY LAVE LY PARCEL 1
PER 18 P11 13
a - 1956'35"
R =500.00'
L =174.04'
N3659'48.8
100.00'
TRUE PONT a' mimic
5537101l'E
162.00'
N3659'48'E
7170'
N3659'48'E
a = 1078'51"
R - 900.00'
L =162.0'
36125.03T
N7421'29'W
8 &94'
552.01'
S63'4t48J
60.00'
a = 1025'30"
R - 93&50'
L = 170.76'
P
13
= 2123'52'
N44'4659'W
80.51'
52'48'24'W ALS5T19.47»
68.46'
PLOT Cr G IOO7103tE T
CALIFORNIA STATE H1GliTAY 1
SOUTHERLY IRE Or PARCEL
I PER 48 P1113
GRAPHIC SCALE
300 0 160 300
800
C4' A = 3011:4"
R = 50000'
L = 2616S
1200
(INFEET)
1 inch = 300 ft.
56028'07"
60.00'
= 025359"
R = 268.00'
L =1156'
55414'011V
317.69'
l5 M
FEB 14 1992
:IMMUNITY DEVELOPME.0
rid-State Engineers
W MS..
W ti
OW PINS Meg
SW IS *Mops. u " $ /4.1 m..
January 14, 1992
Job No. 112 -01E
• •
PROPERTY DESCRIPTION
That portion of Parcel 1 of Parcel Map CO/MB 89 -363 shown on the map recorded in Book
48 of Parcel Maps at Page 13, in the Office of the County Recorder, County of San Luis
Obispo, State of California, described as follows;
Commencing at a point on the southerly line of said Parcel 1, said point bears North 52°
48' 24" West, a distance of 68.46 feet from the westerly terminus of that certain course
described as North 55° 09' 43" West, a distance of 901.59 feet as shown on said Parcel Map;
Thence North 36° 59' 48" East, a distance of 304.50 feet;
Thence South 53° 00' 11" East, a distance of 162.00 feet;
Thence North 36° 59' 48" East, a distance of 100.00 feet to a tangent curve concave
southeasterly;
Thence northeasterly along said curve, having a radius of 500.00 feet, through a central
angle of 19° 56' 35 ", an arc distance of 174.04 feet;
Thence North 56° 56' 24" East, a distance of 31338 feet to a tangent curve, concave
northwesterly;
Thence northeasterly along said curve, having a radius of 900.00 feet, through a central
angle of 10° 18' 54 ", an arc distance of 162.03 feet;
Thence South 61° 25' 03" East, a distance of 552.04 feet;
Thence South 63° 47' 48" East, a distance of 60.00 feet;
Thence South 12° 19' 50" East, a distance of 554.18 feet;
Thence South 60° 28' 07" West, a distance of 60.00 feet;
Thence South 29° 31' 53" East, a distance of 191.17 feet to a tangent curve, concave
northeasterly;
Thence southeasterly along said curve, having a radius of 268.00 feet, through a central
angle of 2° 53' 59 ", an arc distance of 13.56 feet to the TRUE POINT OF BEGINNING;
1. Thence South 54° 04' 01" West, a distance of 317.69 feet to a non - tangent
curve, concave southwesterly (a radial to said curve bears North 38° 51' 07"
East)
2. Thence southeasterly along said curve, having a radius of 500.00 feet, through
a central angle of 9° 24' 38 ", an arc distance of 82.12 feet;
3. Thence South 41° 43' 42" East, a distance of 10838 feet to a non - tangent
curve, concave northeasterly (a radial to said curve bears South 48° 16' 12"
West);
4. Thence Southeasterly along said curve, having a radius of 350.00 feet, through
a central angle of 30° 24' 00 ", an arc distance of 185.70 feet;
5. Thence South 72° 10' 06" East, a distance of 154.91 feet;
6. Thence North 17° 49' 54" East, a distance of 335.78 feet;
1
•
7. Thence North 73° 17' 22" West, a distance of 135.00 feet to a tangent curve
concave northeasterly;
8. Thence northwesterly along said curve, having a radius of 268.00 feet, through
a central angle of 40° 51' 30 ", an are distance of 191.11 feet, to the TRUE
POINT OF BEGINNING.
David A. Marchell
P.L.S. 6375
112- 01Z6.des
2
\ ------ \ — NORTHERLY UNE OF PARCEL I
PER 48 PM 73
P
= 7078'54'
R = 900.00'
L = 1620.'
= 1956'35'
R - 500.00'
L - 174.04'
N3659'48'E
100.00'
N3659'48'E
304.50'
500
553'00'11'E
162.00'
4 r
6617.510.31E 55204
MORRO BAY Bt�
N52'48'24'W N55b9.4r# 90160'
68.46'
POINT OF COMMENCEMENT
0
160
CALIFORNIA STATE HIGHWAY 1
SOUTHERLY UNE OF PARCEL.
1 PER 48 PM 1J
GRAPHIC SCALE
300
600
J
P
13
663'47'48'E
60.00'
TRUE POINT OF BEGINNING
SOUTHERLY UNE OF PARCEL
I PER 48 PM 13
1200
( IN FEET )
1 inch = 300 ft
660'28'07'W
60.00'
A - 0253'59'
R = 26800'
L - 7356'
6 = 4051'30'
R = 268.00'
L = 191.11'
S5 174'01'W
31769'
6 = 097478'
R- 50800'
L - 8212' 548
154.91
S 41'43'42' E
108.38'
73'17'22'W
135.00'
s 7T
= 30124'00'
R = 350.00'
L =185.70'
IMid —State Engineers
Laill
Planan
an an"Ca r
0l/14/1W
112.-NY
o 4
Side-ea] e.( »t . 4/ 4 - avnctnat *the G %u -oJ&41 /0 «4 lima
• •
ORDINANCE NO. 414
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AMENDING
CHAPTERS 14.04.040 and 14.04.070 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
Section 1.
WHEREAS, the City Council did on the 10th day of February, 1992
conduct a duly noticed PUBLIC HEARING to consider the City initiated
proposal to amend Chapter 14.04.040 and Chapter 14.04.070 of the Morro
Bay Municipal Code; and
WHEREAS, following the Public Hearing and consideration of the
staff report, and accepting. all public comments, if any, the City
Council found the following facts to justify the amendment:
1. The current threshold for required permits is $ 100.00, this is
an unreasonably low amount with today's economy;
2. In general, other local jurisdictions adopt and reference the
Uniform Building Code as to when building permits are required.
Uniformity aids in code compliance;
3. The general public is unaware of the $100.00 threshold amount and
when permits are required. The reference to the Uniform Building
Code clearly defines when permits are needed.
Section 2. NOW, THEREFORE, BE IT HEREBY ORDAINED by the City
Council of the City of Morro Bay that Chapters 14.04.040 and
14.04.070 be amended as follows:
A. Amend Chapter 14.04.040 as follows:
14.04.040 Application for permit. An -- I4eatiort few a
permit- sheli- te-- etibenitted- to --the- iv4e+orr —eE- baH&kng- and - safety
of the—community- ty- deveiepment depertinet* -te e• any wore -mss set
Perth -in- Seetien- 44.-94- 93e- as- auther4eed - - -A- permit - may -be- issued
for any-- xri4d4ng --er strueture ewerpteekAnnier-SeaMiaft 14.04706et
previded entepp+ioet4on- is- made with - ktrewi- edge --by- the appiieant
that a permit 4e- neat- oequ4re . Irt risTven -an4 after a permit
is great& -e-I-}- previsions and fees- ±it the titleertct- w&tieh are
listed in the Mater Pee- Seheduie- thereafter- eppiy- to— the
eenstruetien-
Reference currently adopted Uniform Administrative Code.
Chapter 3. Section 301 (a) & (b). 1991 Edition.
•
Ordinance No. 414
Page Two
B. Amend Section 14.04.070 Morro Bay Municipal Code by deleting it
in its entirety, and renumber subsequent sections accordingly.
Section 3:
1. This Ordinance shall take effect immediately and automatically
upon adoption.
Introduced at a regular meeting of the City Council of Morro Bay,
held on the 10th day of February, 1992, by motion of Councilmember
Wuriu and seconded by Councilmember Baker
PASSED AND ADOPTED by the City Council of the City of Morro Bay
at a regular meeting held thereof on the 24th day of February,1992 by
the following roll call vote:
AYES: Baker, Luna, Mullen, Wuriu, Sheetz
NOES: None
ABSENT: None
ATTEST:
ARDITH DAVIS, City Clerk
APPROVED AS TO FORM:
JUD SK•USEN ity Attorney
ROSE MARIE ETZ, Ma
• •
aQ c2_t )2 .0 . 41/3 - pO / Alofad - 6 r e~1. (ei4 .c/ ea tcnc.
•
ORDINANCE NO. 413
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY,
ACCEPTING COASTAL COMMISSION CERTIFICATION WITH CONDITIONS AND ADOPTION
OF MINOR MODIFICATIONS TO LANGUAGE OF THE LOCAL COASTAL PROGRAM
IMPLEMENTATION PLAN (ZONING ORDINANCE) AFFECTING POINT MOTEL AREA OF THE
MORRO BAY LOCAL COASTAL PROGRAM, TO CONFORM TO COASTAL COMMISSION
CONDITIONS
(CASE NO. LUP /GPA /ZOA 02 -90)
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, on March 11, 1991 the City Council of the City of Morro
Bay did adopt Ordinance No. 392 which Ordinance adopted certain
amendments to the Morro Bay local Coastal Program Land Use Plan text and
Map in the vicinity of the Pt. Motel.
WHEREAS, such amendments were submitted to the California Coastal
Commission for certification as part of the City's Local Coastal
Program, such amendments to become effective immediately and
automatically upon certification by said Coastal Commission; and
WHEREAS, said amendments were considered by the California Coastal
Commission at its regular meeting held November 13, 1991, and were
certified with the condition that said amendment include certain minor
modifications to the language as recommend and set forth in the report
to the Coastal Commission prepared by Coastal Commission staff; and
WHEREAS, said modifications are minor in nature, do not change the
use of the land, do not change the intent nor purpose of the City
Council in its submitted amendments to the Zoning Ordinance, and
consist of matters considered and discussed at the various public
hearings held to consider amendments to the Local Coastal Program; and
WHEREAS, the City Council of the City of Morro Bay held a duly
noticed public hearing on February 10, 1992 to consider said minor
modifications to the amendments, although no public hearing is required
by law as said modifications are minor in nature; and
WHEREAS, the City Council does hereby determine and find for the
purposes of the California Environmental Quality Act that the contem-
plated modifications to the zoning ordinance are exempt from CEQA as the
functional equivalent of an EIR and no further documentation is
necessary the by City; and
WHEREAS, the contemplated modifications to the amendments are
internally consistent with other portions of the Local Coastal Program
and are consistent with all elements of the City's adopted General Plan;
and
WHEREAS, at said PUBLIC HEARING, the
actions of the Coastal Commission on the
the Community' Development Director, and
written, of all persons wishing to testify
City Council did consider the
matter, the verbal report of
the testimony, both oral and
at the hearing.
• •
Ordinance No. 413
Page Two
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the city of
Morro Bay, California as follows;
1. The City Council of the City of Morro Bay hereby finds that the
above recitations are true and correct and constitute the findings
of the City Council in the matter; and
2. The City Council hereby accepts the conditions of certification of
the California Coastal Commission and amends to conform thereto its
previously adopted Ordinance No. 392 which Ordinance adopted
amendments to the Morro Bay zoning ordinance in the vicinity of the
Pt. Motel, said conditions are set forth in Exhibit A attached
hereto and made a part hereof by reference; and
3. The City Council hereby acknowledges the California Coastal
Commission resolution to certification including the terms and
modifications which were required for final certification; accepts
and agrees to such terms and modifications and by this Ordinance
takes the formal action required to satisfy the terms and
modifications and agrees to issue Coastal Development Permits for
the total area included in the certified Local Coastall Program
pursuant to Public Resources Code 30600.5 in accordance therewith.
Introduced at a regular meeting of the City Council of Morro Bay,
held on the 10th day of February, 1992, by motion of Councilmember
Baker and seconded by Mayor Sheetz.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at
a regular meeting held thereof on the 24th day of February1992 by the
following roll call vote:
AYES: Baker, Mullen, Wuriu, Sheetz
NOES: Luna
ABSENT: None
ATTEST: iZ
ARDITH DAVIS, City Clerk
APPROVED AS TO FORM:
Resolution I1I.
EXHIBIT A
ORDINANCE 413 =
•
The Commission hereby rejects Amendment 3 -91 -A to the Implementation Plan of
the City of Morro Bay certified Local Coastal Plan (LCP) on the grounds that
the amendment to the Coastal Zoning Ordinance does not conform to and is not
adequate to carry out the provisions of the Land Use Plan as certified. There
are no feasible alternatives available which would substantially lessen any
significant adverse impacts which the approval of this implementaion amendment
will have on the environment.
MOTION IV.
I move that the Commission reject the implementation amendment ,
if it is modified as suggested below.
Staff recommends a NO vote, which would result in the adoption of the
following resolution of certification and related findings. An
affirmative vote of the majority of the Commissioners present is needed to
pass the motion. .
Resolution IV.
The Commission hereby certifies amendment 3 -91 -A (Zoning Amendment 02 -90) to
the implementation plan of the City of Morro Bay Local Coastal Program if
modified on the grounds that the amendment to the Coastal Zoning Ordinance
conforms to and is adequate to carry out the provisions of the Land Use Plan
as certified. There are no feasible alternatives available which the approval
of this implementation amendment will have on the environment.
tt SScgyesied hto4: -Cuaf:ons +o +1e,=k-plew¢a,}ctttov.
e-rne 5.2.8 suffix overlay District:
a. PROHIBIT CONSTRUCTION OF STRUCTURES ABOVE A FIFTY /PIPE FOOT
ELEVATION ABOVE SEA LEVEL.
Standards b through e as proposed by the City of Morro Bay remain unchanged.
2. Add the following standards to the S.2.8 suffix overlay District
f. PROHIBIT THE CONSTRUCTION OF PUBLIC PARKING AREAS ON THE SOUTH SIDE OF ANY
PROPOSED RESIDENTIAL DEVELOPMENT FOR THE NORTH POINT MOTEL PROPERTY AND
THE PARCEL TO ITS IMMEDIATE NORTH. REQUIRED PUBLIC PARKING TO BE LOCATED
ON THE NORTHERN SIDE OF ANY RESIDENTIAL DEVELOPMENT, SITUATED ADJACENT TO
THE SEAWARD SIDE OF HIGHWAY 1, AND MUST PROVIDE DIRECT VEHICLE ACCESS TO
THE SOUTHBOUND HIGHWAY 1 EXIT THROUGH A COMMON DRIVEWAY /ROAD.
PROHIBIT ADDITIONAL VISUAL IMPAIRMENT OF THE OCEAN FROM HIGHWAY 1 (FROM
THE NORTH OR SOUTH BOUND DIRECTIONS) AS A RESULT OF ANY PROPOSAL FOR
RESIDENTIAL DEVELOPMENT OF THE NORTH POINT MOTEL PROPERTY OR THE PARCEL TO
ITS IMMEDIATE NORTH VISUAL EVIDENCE, INCLUDING PHOTOS AND SIGHT -LINE
DRAWINGS SHALL BE PR VIDE() FOR ANY PROPOSED PROJECT ILLUSTRATING THAT ALL
VIEWS OF THE OCEAN ROM HIGHWAY ONE NORTH AND SOUTHBOUND SHALL BE
PRESERVED. / - UNLEss GEoTECHNICALLY IAIFEASIBLE.
9.
• •
oldineiicere >2o. ii0z - mow, M . &gym. &rd&
• •
ORDINANCE NO- 412
AN ORDINANCE AMENDING CHAPTERS 2.08 AND 2.28 OF
THE MORRO BAY MUNICIPAL CODE PERTAINING TO
THE PREPARATION AND RELEASE OF CITY COUNCIL AND
PLANNING COMMISSION AGENDAS
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the public's timely access to reports, correspon-
dence, and other documents concerning matters to be heard by the
City Council and Planning Commission is instrumental in the con-
duct and decision - making of the public's business; and
WHEREAS, present procedures of agenda material being avail-
able one (1) or two (2) business days prior to the public meet-
ings held by the City Council and the Planning Commission
severely limit the public's timely access to agenda information.
NOW, THEREFORE, the City Council of the City of Morro Bay,
California, does hereby ordain as follows:
1. Section 2.08.02, presenting matter to council„ of the
Morro Bay Municipal Code is amended to read in its
entirety as follows:
Every official, board, commission or other body,
connected with the city government, and every cit-
izen, individual, corporation, committee or civic
group, having any reports, communications, or
other matters to be presented to a council meet-
ing, shall notify the city clerk of that fact in
writing before twelve noon of the second Wednesday
preceding the day of such meeting, except if that
Wednesday is a legal holiday, then twelve noon of
the next nonholiday preceding day to the second
Wednesday. The city clerk shall prepare a list
setting forth such matters and the nature thereof
under the appropriate headings and in order speci-
fied in Section 2.08.030. The city clerk shall,
by the Wednesday preceding such meeting, cause one
copy thereof to be delivered to each councilmem-
ber. Matters deemed by the city council to be of
emergency are excepted from this provision.
2. There is hereby added at the end of Section 2.28.110,
Secretary, of the Morro Bay Municipal Code the follow-
ing language:
The secretary shall, by the Wednesday preceding
each regular meeting of the planning commission,
• •
Ordinance No. 412
Page 2
cause one copy of the agenda and reports for such
meeting to be delivered to each planning
commissioner.
Introduced at a regular meeting of the City Council of Morro
Bay, held on the 13th day of January 1992, by motion of
Councilmember Mu'llenand seconded by Councilmember Wuriu .
PASSED AND ADOPTED by the Morro Bay City Council at a regu-
lar meeting thereof held on the 27th day of January
1992 on the following vote:
AYES: Baker, Luna, Mullen, Wuriu, Sheetz
NOES: None
ABSENT: None
ATTEST:
ARDITH DAVIS, City Clerk
APPROVED AS TO FORM AND EFFECT:
74
JU Y KOU
ctilty Attorney
a 6 . 410 7 - 4 ea d aid
•
ORDINANCE NO. 407
AN ORDINANCE TO REPEAL CHAPTER 15.40 "HOUSEBOAT OR VESSEL HABITATION"
OF THE MORRO BAY MUNICIPAL CODE AND REPLACE WITH
CHAPTER 15.40 "VESSEL HABITATION"
The City Council of the City of Morro Bay does ordain as follows:
Section 1. Chapter 15.40 of Title 15 of the Morro Bay Municipal Code,
"Houseboat or Vessel Habitation ", is hereby repealed in its entirety.
Section 2. A new Chapter 15.40 of Title 15 of the Morro Bay Municipal
Code, is hereby created to read as follows:
CHAPTER 15.40: VESSEL HABITATION
Section 15.40.010 PURPOSE: To regulate liveaboard use on tidelands
granted to the City of Morro Bay by the State Lands Commission.
Section 15.40.010 DEFINITIONS: For the purposes of this section the
following definitions shall apply:
A. NORRO BAY HARBOR: For the purposes of this Section, Morro
Bay Harbor shall be that portion of Morro Bay which is within the City
of Morro Bay incorporation limits, excluding the State Park Marina.
B. LIVEABOARD - INDIVIDUAL(Sl: A liveaboard is defined as any
person(s) who uses a vessel as their primary residence (domicile:
Elections Code Definition Section 200, State of California) and /or is
occupying that vessel for four or more days or nights within any seven
day period engaging in those usual and customary activities associated
with a person's residence or abode such as, but not limited to,
sleeping and preparation of meals. This definition will also include
any individual using a vessel as a place of business, professional
location or other commercial enterprise, as evidenced by a business
license, when transportation is a secondary or subsidiary use.
C. NON - TRANSIENT LIVEABOARD VESSEL: A non - transient
liveaboard vessel is a vessel which is normally berthed in Morro Bay
and has regular use of a berth or mooring in the bay and which is used
by a liveaboard. The vessel shall be considered a single family
residence for purposes of health, safety, welfare and public nuisances
and shall at no time house such number of persons so as to create a
public nuisance or to be detrimental to the health, safety and welfare
of others. This definition shall also include any vessel which is
used as a place of business, professional location or other commercial
enterprise when transportation is a secondary or subsidiary use.
D. TRANSIENT LIVEABOARD VESSEL: A transient liveaboard vessel
is any vessel not normally berthed in Morro Bay Harbor which is being
used by a liveaboard and whose stay is limited to not more than 60
days in any 12 month period.
ORDINMCE N0. 407
PAGE 2
• •
E. HARBOR DIRECTOR: Shall mean the Harbor Director or his /her
designate.
F. OFF -SHORE MOORING: Off -shore mooring means any site where a
vessel is secured within Morro Bay Harbor which is not directly
connected to the shore or land by means of a dock, pier, float or
other structure providing direct access from the vessel to the land or
shore.
G. SHORE-SIDE MOORING: Shore -side mooring means any site
where a vessel is secured within Morro Bay Harbor which is directly
connected to the shore or land by means of a dock, pier, float or
other structure providing direct access from the vessel to the land or
shore.
H. GREYWATER: Greywater means any wastewater generated by
water -using fixtures and appliances such as sinks, showers, and
dishwashers. This definition does not include any type of toilet
facilities.
1. SEWAGE: Sewage means that portion of the wastewater from
toilets or any other receptacles containing human or animal excreta
and urine, commonly known as blackwater.
J. SEWAGE HOLDING TANK: Sewage holding tank means a permanently
installed receptacle on a vessel which is used to retain sewage.
R. SEWAGE PUMP -OUT: Sewage pump -out means a mechanical device
which is temporarily connected to a vessel for the purpose of removing
sewage from its holding tank.
L. VESSEL OF A COMMERCIAL NATURE: Vessel of a commercial nature
is any vessel defined by City Ordinance 362 and as amended from time
to time.
M. ADEOUATE VESSEL SANITATION FACILITY: An adequate vessel
sanitation facility means an operational Marine Sanitation Device or
portable toilet certified by the United States Coast Guard as suitable
to prevent direct discharge of human waste into Morro Bay Harbor.
N. ACCESSIBLE SANITATION FACILITY: An accessible sanitation
facility shall mean a restroom with at least one toilet and one sink
with running water which is either open to the public or for which the
applicant has permission to use on a 24 hour a day basis.
15.40.030 PERMIT REOUIRED: No person or persons shall live aboard
any transient or non - transient vessel within the Morro Bay Harbor in
excess of four (4) days without first obtaining a liveaboard permit
from the Harbor Director. Not more than one permit is required per
transient or non - transient liveaboard vessel.
-2-
ORDIRARCE 50. 407 • •
PAGE 3
A. NON- TRANSIENT LIVEABOARD VESSEL - PERMIT APPLICATION AND FEES
An application for liveaboard permit shall be filed with the Harbor
Director upon forms provided by the City. The permit is valid for a
one year period and shall be renewable. Applications shall be filled
out completely and submitted with the required non - refundable fees.
Fees shall be paid as set and established in the City Master Fee
Schedule.
B. TRANSIENT LIVEABOARD VESSEL• - PERMIT APPLICATION AND FEES
An application for a transient liveaboard permit shall be filed by the
occupants of the vessel at the harbor office upon forms provided by
the City. The permit shall be valid for a period set by the Harbor
Director but may not exceed 60 days in any twelve month period. The
application shall be filled out completely and submitted with the
required non - refundable fees. Fees shall be paid as set and
established in the City Master Fee Schedule. Transient liveaboard
vessels must have adequate vessel sanitation facilities or be berthed
at a shoreside facility within 100 yards of a restroom facility
available to applicant. The Harbor Director may deny issuance of, or
limit issuance of a permit to a seven (7) day period if the liveaboard
use is for the purpose of establishing a residence and not related to
operation of the vessel.
C. GENERAL RESTRICTIONS FOR ISSUANCE: Non- transient liveaboard
vessels are prohibited from the City T -Piers and no non - transient
liveaboard permits shall be issued to vessels berthed at the City T-
Piers. Transient liveaboards utilizing T -Pier mooring facilities will
be limited to the time periods defining transient vessels. Permits
will not be granted for vessels or floating structures such as
houseboats, barges, floating homes or other such vessels or floating
structures not specifically designed for or not safely capable of
navigating under their own power. An exception for work barges
actively engaged in construction activity in Morro Bay Harbor may be
made by the Harbor Director.
3.5.40.040 PERMIT ISSUANCE
A. ISSUANCE OF A TRANSIENT LIVSABOARD PERMIT: A transient
liveaboard permit may be issued at the time of verification that the
applicant has met the requirements of Section 15.40.030 B. above and
submitted the required fees in advance.
B. ISSUANCE OF A NON - TRANSIENT LIVEABOARD PERMIT: Upon receipt
of the original non - transient Liveaboard Permit Application, or any
renewal thereof, the Harbor Director shall notify applicant that the
applicant must make arrangements within a specified period with the
Harbor Department to have the liveaboard vessel, under its own power,
make way to the Harbor Patrol docks to submit to an inspection to
insure the liveaboard vessel is in compliance with the conditions of
this Ordinance. The inspection shall be accomplished by a City of
Morro Bay Harbor Patrol Officer or a qualified marine surveyor
acceptable to the City provided that if applicant chooses to have an
inspection completed by a marine surveyor, then applicant will bear
all costs thereof and provide City a copy of the inspection report.
-3-
ORDINANCE N0. 407 • •
PAGE 4
Conditions for issuance of a non - transient liveaboard permit are as
follows:
1. Vessels to be used for liveaboard purposes must be in good
material condition not likely to sink or become a menace to
navigation and to be of a design suitable for operation on the
waters of the Pacific Ocean. All vessels must be currently
registered or documented.
2. A liveaboard vessel berthed at a shore side mooring must be
within 100 yards of accessible sanitation facilities or must have
adequate vessel sanitation facilities. If connections are
available at the facility being used to moor the vessel to
connect the vessel directly to the City sewer system, the
connection to the City sewer system shall be required. Any
equipment, supplies or materials required to connect the vessel
to the City sewer system shall be supplied at no cost to the
City.
3. A liveaboard vessel located at an offshore mooring must have
adequate vessel sanitation facilities.
4. The proposed liveaboard individual and the vessel to be used for
liveaboard purposes must be in compliance with all sections and
provisions of this ordinance.
5. Liveaboards must maintain on their vessels a working VHF marine
radio with minimum channels of 12 & 16, or have a functioning
telephone.
6. Issuance of the liveaboard permit must not cause the maximum
number of non - transient liveaboard permits allowed by Section
15.040.040 C and any amendments thereof to be exceeded.
7. The individual submitting the application must be the owner of
the vessel and shall liveaboard the vessel during any liveaboard
use thereof except that paid crew member /s of qualified
commercial fishing vessels may liveaboard without the vessel
owner and may receive liveaboard permits with the vessel owner's
consent. No permit will be issued in the name of a partnership
(general or limited), corporation, joint venture or other legal
entity. A permit for a vessel which is registered, documented or
owned by a partnership (general or limited), corporation, joint
venture or other legal entity will be issued only to a natural
person whose interest in the vessel (whether by virtue of an
interest in the partnership, ownership or stock or a corporation
or otherwise) is equal to or greater than that of each of the
other partners, stockholders, members or associates. An
applicant for a permit in Morro Bay for a vessel which is owned
by a partnership (general or limited), corporation, joint
venture, or other legal entity shall submit for approval by the
Harbor Director, a valid Certificate of Ownership or valid Marine
Document. Notwithstanding the form of ownership of the vessel,
the permit to liveaboard the same within the City of Morro Bay
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OROINPICE R0. 407 • .
Ph25
shall not be transferrable under any circumstances. If a
permittee fails or refuses to notify the Harbor Director of a
change to any of the information contained in the liveaboard
permit application within five (5) days from the date of any such
change, such failure or refusal shall constitute grounds for
revocation of the permit.
8. The non - transient liveaboard must have an assigned safe and legal
berthing location in Morro Bay Harbor other than the A1-5
anchorage area or the City T- Piers.
9. The permit will be valid for one year and the applicant must meet
the requirements for permit issuance annually thereafter or the
Harbor Director shall not reissue the liveaboard permit except
that liveaboard vessels which are not in Morro Bay Harbor as
provided for in Section 15.040.070 shall not have to meet
requirements for permit reissuance until the vessel returns to
Morro Bay Harbor.
C. HUMBER OF LIVEABOARD PERMITS TO BE ISSUED: Initially, a
maximum of 60 non- transient liveaboard permits will be issued provided
that liveaboard permits issued for vessels of a commercial nature
(commercial fishing vessels) as determined by Section 15.04.150 of the
Municipal Code shall not be counted in the initial sixty to be issued
or the eventual 30 permit cap hereinafter defined. The 30 permit cap
will be increased as mooring spaces are increased to ensure the permit
cap remains at 10% of the total number of lawfully- created mooring
spaces in the harbor. In the event the number of applications for
non - transient liveaboard permits exceeds the number of non - transient
permits available, permits will be issued firstly on the basis
of longevity of liveaboard status in the Morro Bay harbor with those
residing on a vessel in Morro Bay the longest period of time receiving
priority and secondly on the current liveaboard waiting list. In the
event all available non - transient liveaboard permits are not issued
within 180 days of the effective date of this ordinance, the number of
available non - transient permits shall be reduced to the number issued
and shall be further reduced from that number as provided for herein.
After the initial period of issuance a new waiting list shall be
established.
To allow for both the reduction in numbers of liveaboards and also for
the continuing desire for new liveaboards to take up residency within
the Morro Bay harbor, 1 new liveaboard permit shall be issued to the
next qualified person on the new waiting list for each 2 liveaboard
permits that are terminated or revoked until such time the number of
liveaboard permits issued within Morro Bay has been reduced to 30. At
such time as the total number of liveaboard permits has been reduced
to 30, one liveaboard permit will be issued for each liveaboard permit
terminated to maintain the total number of liveaboard permits at not
more than 30.
Newly available non - transient permits will be issued to those persons
who have been on the new waiting list for which a non - transient permit
is available for the longest continuous period of time. It shall be
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•
the sole responsibility of individuals on the waiting list to notify
the Harbor Department of any address changes. If no response has been
received from Harbor Department correspondence placed in regular U.S.
Mail Service notifying individuals of available liveaboard permit for
a period of 30 days, that individual's name shall be bypassed for that
available permit, but their name shall remain on the top of the list
in their category. In the event that a second attempt is made to
issue a liveaboard permit to the individual who has again not
responded to Harbor Department correspondence placed in regular U.S.
Mail Service for a period of 30 days, that individual's name shall be
removed from the waiting list and they shall have no further claim to
any waiting list status until they shall re- register for liveaboard
permit waiting list, and then be placed at the bottom of the list. If
an individual responds but is unable to qualify and /or accept the
permit within 120 days after notification, that individual's name
shall be bypassed for that available permit, but their name shall
remain on the top of the list in their category. In the event that a
second attempt is made to issue a liveaboard permit and the individual
is again unable to qualify and /or accept a liveaboard permit within
120 days, that individual's name shall be removed from the waiting
list and they shall have no further claim to waiting list status until
they shall re- register for a liveaboard permit without former priority
status.
25.040.050 TERMINATION /REVOCATION OF PERMIT•
A. CONDITIONS FOR TERMINATION/REVOCATION(: Liveaboard permits
may be revoked for the following reasons:
1. Discharge of sewage.
2. Violation of any section of this Ordinance not specifically
listed in this Section, 15.040.050 A, for a period in excess of
30 days after having been notified to correct the violation.
Notice of violation shall be given by First Class mail or
personal service or by attachment of said notice in a conspicuous
location on the vessel or any combination of the above. Proof of
correction of any violation shall be deemed to be the obligation
of the permittee, or liveaboard, and shall be to the satisfaction
of the Harbor Director.
3. If twice in any 12 month period the permittee has been found in
violation of the terms of this ordinance, it shall be evidence of
non - compliance with the intent of this ordinance to maintain an
orderly harbor operation and shall constitute grounds for
revocation of the permit.
4. In the event that City policy concerning the number of liveaboard
permits issued shall change and the number of liveaboard permits
shall be reduced, notice of revocation of liveaboard permits
shall be given by First Class mail or personal service or by
attachment of said notice in a conspicuous location on the vessel
or any combination of the above. Since this will require
relocation of a personal residence, 60 days notice of termination
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of the liveaboard permit will be given in this situation. This
shall also include requirements established by other agencies
whose jurisdiction may be imposed upon the City of Morro Bay. In
the event terms and or conditions of maintaining a liveaboard
permit are modified by the City Council, then those persons
holding current liveaboard permits shall have a period of 60 days
after adoption of said modifications in which to fully comply
with such new regulations.
5. In the event that the liveaboard permit holder moves from the
area or no longer resides on the vessel for minimum time periods
required or voluntarily terminates liveaboard status.
6. Non - payment of fees associated with liveaboard permit or vessel
associated with liveaboard permit, service charges, dockage
charges or other fees due to the City of Morro Bay for a period
in excess of 10 days after written notice. Notice shall be given
as described in Section 15.040.050 A. 2. above.
B. TERMINATION/REVOCATION PROCEDURE: Upon determining that
grounds for revocation of a permit exist, the Harbor Director shall
give written notice of intent to revoke (including the grounds
therefor) to the permit holder by First Class Mail, personal delivery,
by attachment in a conspicuous location on the vessel or any
combination of the above, or if the permit holder cannot be located
with reasonable effort such notice shall be given to any person aboard
the vessel. The revocation shall be effective fifteen (15) days
following the giving of such notice except as provided below.
1. APPEAL: A decision by the Harbor Director to terminate or revoke
a liveaboard permit pursuant to this Section shall be appealable
to the Harbor Advisory Board. Any such appeal must be filed in
writing with the Harbor Director within ten (10) days of the date
of notice of revocation. The revocation shall be stayed while
the appeal is pending, unless it is determined by the Harbor
Director that immediate cessation of overnight occupancy of the
vessel is necessary for the preservation of the public peace,
health or safety. The appeal shall be filed in writing and shall
specify all of the grounds for the appeal. The Harbor Advisory
Board shall provide the permit holder an opportunity to present
evidence on his behalf and to challenge the determination of the
Harbor Director. Formal rules of evidence or procedure need not
be followed. If the Harbor Advisory Board is unable to approve
any formal motion regarding the appeal after two publicly held
hearings on the appeal then the revocation shall become effective
three days following the second public meeting. If the appeal is
denied revocation shall become effective three (3) days following
the Harbor Advisory Board's decision.
15.40.060 TRANSFERABILITY OF LIVEABOARD PERMIT: No transfer of
liveaboard permits between individuals is allowed. In the event that
the holder of a liveaboard permit transfers their interest in a
vessel, that individual will have a period of six (6) months to
acquire and moor within the City limits another vessel to liveaboard.
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ORDIYMGE E. 407
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•
That individual's liveaboard permit will be re- registered to the new
vessel provided the vessel meets all requirements of this ordinance.
In the event that no vessel is acquired within the six (6) month
period of time the liveaboard permit will automatically terminate and
be revoked. Under no circumstances will the transfer of vessel
ownership or any interest therein maintain any associated liveaboard
permit with the vessel for the benefit of the new owner or interested
party.
1.5.40.070 TEMPORARY LEAVES. RETENTION OF PERMIT: In order to
maintain a non - transient liveaboard permit, individuals will be
required to maintain residency aboard their vessels a minimum of nine
(9) months out of any twelve month period within Morro Bay harbor.
Absence of either the vessel, the permit holder or both from Morro Bay
harbor or failure to maintain residency for the minimum time period
aboard the vessel shall result in revocation of the non - transient
liveaboard permit. The liveaboard permit may be retained up to five
years without meeting these minimum residency requirements provided
that:
A. All fees are kept current.
B. The absence has been documented with the Harbor Director in
advance of absence; or the absence is related to vessels of a
commercial nature actively fishing in areas away from Morro Bay.
15.40.080 OCCUPANCY BY NON - OWNER: Occupants of vessels shall be
those residing with an individual holding a liveaboard permit. Rental
or sublease of vessels resulting in either transient or non - transient
liveaboard uses are prohibited. "Boat sitting ", caretaking,
maintenance or any other activity related to vessels resulting in
liveaboard use either for compensation or no compensation are
prohibited. Only the person(s) named on the application for
liveaboard permit or as amended and approved are permitted to reside
on the vessel.
15.40.090 USE OF PUMPOUT FACILITIES: Where permittees are required
to have adequate vessel sanitation facilities permittees shall use
pumpout facilities on a regular basis or otherwise discharge
greywater, human waste and sewage in a legal manner.
1.5.040.100 PERMIT: Permits may be issued on a daily or monthly basis
for transient liveaboards or on an annual basis for non - transient
liveaboards subject to all regulations and payment of appropriate
fees.
15.040.110 APPLICABILITY OF ORDINANCE: This ordinance shall not
apply to vessels in the State Park Marina or any vessels berthed
outside the City of Morro Bay limits.
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ORDINANCE NO. 407
PAGE 9
25.40.130 FEES: Permit application and renewal fees, service fees
and waiting list deposit shall be set forth in the City of Morro Bay
Master Fee Schedule. Fees are non - refundable and permits may be
revoked at any time under the terms and conditions of this ordinance.
A 10% late payment fee will apply for failure to pay fees when due.
INTRODUCED at,a regular meeting of the City Council of the City of
Morro Bay, held the 23rd day of September, 1991 by motion of
Councilmember Baker and seconded by Councilmember Wuriu.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
of the City of Morro Bay, held on the 13th day of January, 1992
by the following roll call vote:
AYES: Baker, Wuriu, Sheetz
NOES: Luna, Mullen
ABSENT: None
ATTEST:
ARDITH DAVIS, City Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
JUD$ SKOUS N,itAttorney
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