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HomeMy WebLinkAboutOrdinance 343 - 411NUMBER ORDINANCES o TITLE ADOPTED 343 ORDINANCE AMENDING SECTION 5.24.250 OF THE MBMC REGARDING LICENSING & REGULATION OF TAXICAB DRIVERS 344 ORDINANCE ANNOUNCING FINDINGS & ADOPTING AMENDMENTS TO THE MB LCP IMPLEMENTATION PROGRAM (ZONING ORDINANCE) MAP FOR PROPERTY LOCATED AT THE SOUTEAST CORNER OF IRONWOOD AVE. & SEQUOIA COURT 345 ORDINANCE ADDING SECTION 10.28.230 TO THE MBMC REGARDING VEHICLE WEIGHT LIMITS ON IRONWOOD AVE. BETWEEN STATE HIGHWAY 41 & AVALON ST. 02 -14 -89 01- 23 -89* 02 -27 -89 246 ORDINANCE AMENDING SECTIONS 8.12.010, 8.12.040, 8.12.050, 8.12.060, 8.12.080 and 8.12.090 OF THE MBMC, WEED ABATEMENT CHAPTER 8.12 03 -13 -89 347 ORDINANCE AMENDING CHAPTER 13.04 VII OF THE MBMC & ORDINANCE NO. 366; INSTITUTING REVISED MANDATORY WATEER CONSERAVATION MEASURES 03 -13 -89 348 ORDINANCE ANNOUNCING FINDINGS & ADOPTING AMENDMENTS TO THE MB LCP IMPLEMENTATION PROGRAM (ZONING ORDINANCE) TEXT & MAP WITHIN PLANNING AREA 5 (DEN -DULK, ETC.) 349 ORDINANCE ADOPTING AMENDMENTS TO THE MBMC, CHAPTER 17 (THE ZONING MAP) FOR THE PINEY WAY VILLAGE PROPERTY 350 ORDINANCE ANNOUNCING FINDINGS & ADOPTING AMENDMENTS TO CHAPTER 17 OF THE MBMC ZONING ORDINANCE ESTABLISHING THE NORTH MAIN STREET SPECIFIC PLAN 351 ORDINANCE AUTHORIZING AMENDMENT TO CONTRACT BETWEEN CITY & BOARD OF ADMINISTRATION; PERS 352 ORDINANCE AMENDING TITLE 14 OF THE MBMC REQUIRING INSTALLA- TION OF ULTRA -LOW FLUSH & FLOW FIXTURES IN ALL NEW CON- STRUCTION & WHEN REPLACING PLUMBING FIXTURES IN EXISTING STRUCTURES 353 ORDINANCE AMENDED CERTAIN SECTION OF ORD.275 & TITLE 14 OF THE MBMC & ADOPTING THE 1988 EDITIONS OF THE UNIFORM BUILD- ING CODE, BUILDING CODE STANDARDS, CODE FOR BLDG. CONSERVA- TION, PLUMBING, MECHANICAL, SIGN, HOUSING, ABATEMENT OF DANGEROUS BLDGS., SWIMMING POOL, & SOLAR ENERGY CODE 354 ORDINANCE ANNOUNCING FINDINGS & ADOPTING MINOR MODIFICA- TIONS TO SECTION 17.44 OF THE MBMC (ZONING ORDINANCE - PARKING STANDARDS) 355 ORDINANCE ADDING CHAPTER 8.30 TO THE MBMC RELATING TO OPERATION OF AIRCRAFT WITHIN CORPORATE LIMITS 04 -10 -89 04 -10 -89 05 -22 -89 05 -22 -89 06 -12 -89 07 -10 -89 07 -24 -89 07 -24 -89 NUMBER 356 357 358 359 ORDINANCES TITLE ADOPTED ORDINANCE AMENDING SECTION 15.12.010 OF THE MBMC ELIMIN- ATING THE 5 MPH SPEED LIMIT IN MORRO BAY HARBOR, WEST OF THE BREAKWATERS 09- 25 -89* VOID vOt ORDINANCE ANNOUNCING FINDINGS & ADOPTING AMENDMENT TO TITLE 17 OF THE MBMC (ZONING MAP) FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF ZANZIBAR ST. & PANORAMA DRIVE (GIST ANNEXATION) 08 -28 -89 360 SIDEWALK SALES AND DISPLAY (PERMANENT) 09 -11 -89 361 ORDINANCE AMENDING CHAPTER 5.32 MOBILEHOME & RECRETIONAL VEHICLE PARK RENT STABILIZATION TO PROVIDE VACANCY DECONTROL 362 363 364 365 366 367 368 369 370 371 372 ORDINANCE AMENDING SECTION 15.04.150 OF MBMC REDEFINING VESSELS OF A COMMERCIAL NATURE ORDINANCE AMENDING MBMC SECTION 17 ZONING ORDINANCE (CLOISTERS) ORDINANCE AMENDING CERTAIN SECTIONS OF TITLE 15, HARBOR & OCEAN REGULATIONS, MBMC ORDINANCE AMENDING CHAPTER 9.22 MBMC, GOVERNING ALARM SYSTEMS ORDINANCE ESTABLISHING A SEISMIC SAFETY PROGRAM BY REDUCING EARTHQUAKE HAZARD IN EXISTING BUILDINGS ORDINANCE AMENDING SECTION 2.24.110C OF THE MBMC ELIMINATING A REQUIRED DECEMBER COUNCIL MEETING WITH THE RECREATION & PARKS COMMISSION VOID 09 -25 -89 11- 27 -89* 11 -13 -89 11 -27 -89 11 -27 -89 12 -11 -89 01 -22 -90 ORDINANCE AMENDING CHPATER 8.16 OF THE MBMC TO ESTABLISH A CITY -WIDE CURBSIDE RECYCLING PROGRAM 03 -26 -90 ORDINANCE ESTABLISHING PERMIT REQUIREMENTS FOR COMMERCIAL MOTION PICTURE PRODUCTIONS, TELEVISION PRODUCTIONS & STILL PHOTOGRAPHY ON CITY PROPERTY ORDINANCE AMENDMENT MBMC CHAPTER 3.08, PURCHASE & SALE OF SUPPLIES & EQUIPEMENT ORDINANCE AMENDING CERTAIN SECTIONS OF CHAPTER 8.08 OF THE MBMC, EMERGENCY SERVICES 04 -09 -90 04 -09 -90 05 -14 -90 • NUMBER 373 • ORDINANCES TITLE AN ORDINANCE AMENDING TITLE 16 SUBDIVISIONS TO ESTABLISH REGULATIONS FOR VESTING TENTATIVE MAPS • 374 ORDINANCE AMENDING ORDINANCE NO. 347, SECTION 3 & MBMC SECTION 13.04.345 TO ADD A NEW LEVEL OF MANDATORY WATER CONSERVATION REQUIREMENTS 375 ORDINANCE ANNOUNCING FINDINGS & ADOPTING AMENDMENTS TO THE MBMC CHAPER 13.20 RE: EXTENDING WATER EQUIVALENCY PERMIT TIMEPERIOD BEFORE EXPIRATION 376 VOID 377 ORDINANCE ANNOUNCING FINDINGS & ADOPTION AMENDMENTS TO MBMC CHAPTER 13.20 (LOW INCOME HOUSING PRIORITY FOR WATER EQUVALENCIES) 378 seise-erd- VOID 379 ORDINANCE ADDING CHAPTER 9.27, Section 9.27.010- 9.27.050 TO THE MBMC RELATING TO SECOND RESPONSE RECOVERY CHARGES FOR POLICE SERVICES 380 381 massage ORDINANCE AMENDING MBMC SECTION 13.04.345 TO EXEMPT COMMERCIAL CAR WASHES FROM PROVISIONS 382 ORDINANCE ANNOUNCING FINDINGS & ADOPTING AMENDMENTS -TO CHAPTER 17 OF MBMC TO AMEND PRIOR ORD.350 & OFFICIAL ZONING MAP & ZONING TEXT IN THE AREA BETWEEN HWY 41 & MORRO CREEK 383 384 385 VOID VOID ADOPTED 05 -14 -90 07- 23 -90* 07 -09 -90 08 -13 -90 09 -24 -90 09 -24 -90 09 -24 -90 ORDINANCE ANNOUNCING FINDINGS & ADOPTING AMENDMENTS TO THE MBMC CHAPTER 13.20 TO UPDATE & INCORPORATE THE WATER EQUIVALENCY TABLE 11 -13 -90 386 xeriseape VOID 387 ORDINANCE REPEALING EXISTING PROVISIONS OF THE CITY CODE RELATING TO ANIMALS & REPLACING THE REPEALED SECTIONS 01 -14 -91 388 ORDINANCE AMENDING SECTIONS 2.24.030, 2.24.040 & 2.24.050 OF THE MBMC REVISING COMPOSITION & TERMS OF OFFICE FOR RECREATION & PARKS COMMISSION 389 MEASURE H - INITIATIVE MEASURE TO REZONE A PORTION OF WILLIAMS BROTHERS PROPERTY TO REDUCE THE ACREAGE ALLOWED FOR COMMERCIAL & TO PROHIBIT VISITOR SERVING COMMERCIAL 390 MEASURE I - INITIATIVE PETITION TO ENACT CITY ORDINANCE TO REFORM WATER ALLOCATION POLICIES canvas 01 -28 -91 (Date can- vass acpt) 12 -04 -90 (date can- s accepted) NUMBER 391 6 ORDINANCES TITLE ORDINANCE AMENDING MBMC CHAPTER 3.08, PURCHASE & SALE OF SUPPLIES & EQUIPMENT 392 ORDINANCE ANNOUNCING FINDINGS & ADOPTING AMENDMENTS TO TITLE 17 OF THE MBMC; LCP /GPA /ZOA 02 -91 NORTH POINT PROPERTY 393 ORDINANCE ANNOUNCING FINDINGS & ADOPTING AMENDMENTS TO MBMC CHAPTER 13.20 TO PROVIDE FOR SPECIAL BUILDING ALLOCATIONS FOR ON -SITE CONVERSION PROJECTS 394 ORDINANCE ANNOUNCING FINDINGS & ADOPTING AMENDMENTS TO MBMC CHPATER 13.20.080 A, B.1, & B.2 (HISTORICAL WATER EQUIVALENCIES) 395 ORDINANCE ANNOUNCING FINDINGS & ADOPTING AMENDMENTS TO MBMC ADDING CHAPTER 13.04.348 (RETROFITTING UPON SALE OR TRANSFER OF PROPERTY) 396 Meas-Ft VOID 397 ORDINANCE ADDING CHAPTER 15.56 TO TITLE 15 HARBOR & OCEAN REGULATIONS RELATING TO IMPOUNDMENT OF VESSELS FOR NON - PAYMENT OF FEES ADOPTED 02 -11 -91 03 -25 -91 05 -13 -91 * 03 -25 -91 03 -25 -91 04- 22 -91* 398 ORDINANCE ANNOUNCING FINDINGS & ADOPTING AMENDMENT TO SECTION 14 CHAPTER 14.44 OF THE MBMC; CURBS, GUTTERS, SIDEWALKS, STREETS & STREET TREES 05 -28 -91 399 URGENCY ORDINANCE ENACTING AMENDMENT TO CITY'S CONTRACT WITH PERS TO PROVIDE ONE YEAR FINAL COMPENSATION FOR LOCAL SAFETY MEMBERS ONLY 06 -10 -91 400 ORDINANCE ANNOUNCING FINDINGS & ADOPTING AMENDMENT TO TITLE 17 OF THE MBMC; WILLIAMS BROTHERS - MEASURE H 06 -24 -91 401 ORDINANCE AMENDING SPECIFIC PROVISIONS OF TITLE 14 OF THE MBMC RELATING TO THE SEISMIC SAFETY PROGRAM FOR REDUCING EARTHQUAKE HAZARD IN EXISTING BUILDINGS (URM) 07 -08 -91 402 ORDINANCE AMENDING CHAPTER 2.28 OF THE MBMC ESTABLISHING REGULAR JOINT MEETINGS BETWEEN CITY COUNCIL AND PLANNING COMMISSION 07 -22 -91 403 ORDINANCE AMENDING TITLE 14 OF THE MBMC RE: UNIFORM BUILDING CODES 08 -12 -91 404 ORDINANCE AMENDING CHAPTER 14.18 OF THE MBMC RE: UNIFORM CODE FOR BUILDING CONSERVATION - SEISMIC SAFETY 08 -26 -91 405 ORDINANCE AMENDING CHAPTERS 2.04 & 2.08 MBMC AUTHORIZING CLOSED SESSIONS OF CITY COUNCIL TO BE HELD PRIOR TO START OF REGULAR COUNCIL MEETINGS 08 -26 -91 * adopted out of order i ,ORDINANCES NUMBER TITLE 406 ORDINANCE ANNOUNCING FINDINGS & ADOPTING AMENDMENTS TO §13.20.070 OF THE MBMC (WATER EQUIVALENCIES) 407 408 409 LIVEABOARD ORDINANCE (adopted 1- 13 -92; see next ordinance book) ORDINANCE ANNOUNCING FINDINGS & AMENDING ORD.377 & ADOPTING AMENDMENTS TO TITLE 13.20 OF THE MBMC ADOPTED ORDINANCE AMENDING CHAPTER 5.36 OF THE MBMC TO DELETE REQUIREMENT FOR CITIZEN REVIEW COMMITTEE IN THE PRO- CESSING & INSPECTIONMOF PERMITS FOR SALES ON SIDEWALKS & STREETS 410 ORDINANCE AMENDING CHAPTER 3.24 OF THE MBMC RELATING TO TOT RATES (MEASURE "A ") 09 -09 -91 11 -12 -91 12 -09 -91 11405 -91 411 ORDINANCE AUTHORIZING & DIRECTING PARTICIPATION IN THE COASTAL BRANCH OF THE CA AQUEDUCT PROJECT & CONSTRUCTION OF LOCAL FACILITIES (INITIATIVE MEASURE "G ") 12 -17 -91 adv;la c )'10 . 4/1/ - Ma/ivit 5 - (Jett-PA y Ata. c-t 6 ORDINANCE NO- 4 1 1 AN ORDINANCE OF THE PEOPLE OF THE CITY OF MORRO BAY AUTHORIZING AND DIRECTING PARTICIPATION IN THE COASTAL BRANCH OF THE CALIFORNIA AQUEDUCT PROJECT AND CONSTRUCTION OF LOCAL FACILITIES MEASURE "G ", SPECIAL MUNICIPAL ELECTION 17 DECEMBER 1991 THE PEOPLE OF THE CITY OF MORRO BAY DO HEREBY ORDAIN AS FOLLOWS: WHEREAS a significant water shortage exists in San Luis Obispo County as well as in the City of Morro Bay (the "City "); and WHEREAS the City does not now provide a permanent, reliable water supply to all its residents; and • WHEREAS a LEVEL 5 water shortage emergency has been declared to exist in the City; and WHEREAS the City relies exclusively on local water supplies to meet its current water demand, which supplies originate entirely within close proximity to the City and which supplies are all subject to the same climatic conditions; and WHEREAS participation in the Coastal Branch Project will provide for a long term solution to the existing drought emer- gency and to the ongoing water shortage within the City; and WHEREAS the City has a duty to provide a permanent, reliable water supply to its residents. NOW, THEREFORE, THE FOLLOWING ORDINANCE IS ENACTED INTO LAW: Section 1. The City shall immediately give notice to the San Luis Obispo County Board of Supervisors (the "Board ") that it intends and desires to participate in the construction of the Coastal Branch Project (the "Project ") together with all facili- ties and appurtenances necessary to deliver water from said Coastal Branch into the City's water system. Section 2. The City shall immediately give notice to the board that the City desires a minimum of One Thousand Three Hun- dred Thirteen (1313) Acre -Feet per year to be delivered to the City upon completion of the project. Section 3. The City shall issue revenue bonds or sell cer- tificates of participation or through a combination of the above provide funds to finance the City's pro rata share of the Project costs and any and all appurtenances necessary to deliver water from said Coastal Branch into the City's water system including any and all expenses incidental thereto, or connected therewith, including the cost of rights of way acquisition, the cost of con- • 1 Ordinance No. 411 Page Two structing and /or acquiring all buildings, equipment and related personal and real property required to complete the total works, and the engineering, environmental review, inspection, legal and fiscal agent's fees, costs incurred in connection with the issuance and sale of such bonds or certificates of participation, and reserve fund and interest estimated to accrue during the con- struction period and for a period not to exceed twelve (12) months after completion of construction. Section 4. This Ordinance shall be submitted to a vote of the people of the City pursuant to Elections Code section 4010. Section 5. All actions taken pursuant to this Ordinance shall be in compliance with all local, state and federal environ- mental protection laws. Nothing in the ordinance shall be con- strued to require compliance with any such laws prior to the election provided for herein. Section 6. This Ordinance shall be liberally construed and applied in order to fully promote its underlying purposes. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of the Ordinance are severable. Section 7. To the extent that the provisions of this Ordi- nance conflict with any prior ordinance or measure previously enacted by the City or the voters of the City, the provisions of this Ordinance shall control. To the extent that the provisions of this Ordinance conflict with any other ordinance or measure adopted at the same election, the ordinance or measure receiving the highest number of affirmative votes shall control. CERTIFICATION I, Ardith Davis, City Clerk of the City of Morro Bay, do hereby certify that the forego- ing is a true and correct copy of an ordi- nance adopted by a majority vote of the elec- tors voting in the special municipal election held in the City of Morro Bay on the 17th day of December, 1991. DATED: December 26, 1991 l ARDITH DAVIS, City Clerk City of Morro Bay, CA • • j6 i is l %o . 4(0 - -7--D7 viticor -a-e ntise /ti. 4. • • ORD I NANO E NO - 4 1 0 AN ORDINANCE OF THE CITY OF MORRO BAY TO AMEND CHAPTER 3.24 OF THE MORRO BAY MUNICIPAL CODE RELATING TO TRANSIENT OCCUPANCY TAX RATES MEASURE "A ", SPECIAL MUNICIPAL ELECTION 05 NOVEMBER 1991 The People of the City of Morro Bay do hereby ordain as follows: Section 1.. Authority to Adopt Measure This ordinance and the tax authority herein is enacted pur- suant to the provisions of §7280 of the California Revenue and Taxation Code, and in compliance with the California Constitution Article XIII A, Section 4 and Article 3.7 of Chapter 4 of Part 1, of Div. 2 of Title 5 of the California Government Code commencing with §53720. Section 2. Purpose It is the intent of this ordinance to increase City funds in order to offset revenue losses due to State and County budget cut -backs and associated increased fees to local government, and to augment revenue sources negatively impacted by a lagging economy. Section 3. Type of Tax Transient Occupancy Tax is a General Tax as defined in Gov- ernment Code §53721. The tax is imposed for General Government Purposes. Section 4. Transient Occupancy Tax Section 3.24.03 of the Morro Bay Municipal Code is amended to change the rate of the Transient Occupancy Tax from eight per- cent (8 %) to nine percent (9 %). Section 5. Effective Date The tax rate authorized by this ordinance shall commence on 01 January 1992. Section 6. Severability If any sections, subsections, sentence, phrase or clause of this ordinance is for any reason held to be invalid, such deci- sion shall not affect the validity of the remaining portion of this ordinance. The people of Morro Bay hereby declare that they have adopted the ordinance and each section, subsection, sen- • • Ordinance No. 410 Page Two tence, phrase or clause therefor irrespective of the fact that any one or more sections, subsections, sentences, phrases or clauses be declared invalid. CERTIFICATION I, Ardith Davis, City Clerk of the City of Morro Bay, do hereby certify that the forego- ing is a true and correct copy of an ordi- nance adopted by a majority vote of the elec- tors voting in the special municipal election held in the City of Morro Bay on the 5th day of November, 1991. DATED: December 10, 1991 ARDITH DAVIS, City Clerk City of Morro Bay, CA 60 a.�tA )Zo. 469 - ,(Qce -G j 5 wLuva.M &ao nDv ttc� • • 1 ORD IN ANC E NO _ 4 0 9 'AN ORDINANCE AMENDING CHAPTER 5.36 OF THE MORRO BAY MUNICIPAL CODE TO DELETE THE REQUIREMENT OF A CITIZEN REVIEW COMMITTEE IN THE PROCESSING AND INSPECTION OF PERMITS FOR SALES ON SIDEWALKS AND STREETS T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, by Ordinance No. 360 adopted in September 1989, the Morro Bay City Council established a permit program to allow the display and sale of merchandise by businesses upon certain designated sidewalks and streets; and WHEREAS, said program included the establishment of a five member special citizen review committee to assist in reviewing, recommending, and inspecting for compliance all permits and operations issued under said program; and WHEREAS, since program inception, permit interest has been limited and six of nine total permits remain active at this time; and WHEREAS, the citizen review committee has not net to consider a permit since 25 October 1989 due to lack of applications, and members of the Committee have recently indicated to the City Council their confidence in the capability of the City to administer and enforce permit activities under this program without the need for a citizen review committee. NOW, THEREFORE, BE IT ORDAINED by the Morro Bay City Council as follows: Section 5 Section committee, Code are entirety. of Ordinance No. 360 and 5.36.050, Citizen review of the Morro Bay Municipal hereby repealed in their Introduced at a regular meeting of the City Council of Morro Bay, held on the 25 day of November, 1991, by motion of Councilmember Baker and seconded by Councilmember Wuriu. • Ordinance No. 409 Page Two PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 9th day of December, 1991 on the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: a2s er ARDITH DAVIS, City Clerk • • en 220. 4og - airdaitee Ailewr4 • • ORDINANCE NO. 408 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ANNOUNCING FINDINGS AND AMENDING ORDINANCE NO. 377,AND ADOPTING AMENDMENTS TO TITLE 13.20 OF THE MORRO BAY MUNICIPAL CODE T H E C I T Y C O U N C I L CITY OF MORRO BAY, CALIFORNIA The City Council of the City of Morro Bay does ordain as follows: Section 1. The Council does hereby make the following findings: WHEREAS, the Planning Commission did on the 3rd day of September, 1991 hold a duly noticed PUBLIC HEARING accepting all public comments, if any, and did recommend to the City Council adoption of the proposed ordinance; and WHEREAS, the City Council did on the 28th day of October, 1991 conduct_ a duly. noticed PUBLIC HEARING and accepting all public comments, if any, 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 Amendment is exempt and no further documentation is deemed necessary; and WHEREAS, implement the and WHEREAS, of additional the proposed amendments are consistent with and will policies and programs contained in -the Housing Element; the proposed amendments will encourage the development affordable housing in the City of Morro Bay. SECTION 2: Amendments to Ordinance No.. 377 and Chapter 13 of, the Morro Bay Municipal Code shall read as follows: 13.20.699.083 Priority for +88%b- -Low -- }neome Affordable Housing Developments A. For the purpose of this section, moderate, low and very low income persons shall be defined as set forth in the California Health and Safety Code Sections 50079.5 and 50105. "Affordable Housing" Shall refer to housing affordable to persons and families with moderate. low and very low incomes. Ordinance No. 408 Page Two. B. In any given year at the time water allocations are authorized by the City Council, priority on the residential building permit waiting list shall be given for developments which provide a minimum of 50 percent of housing which will be guaranteed to be affordable to persons and families with moderate. low and very low incomes. iew -end very iew- ii+eeme- -housing -- developments, provided however, that not more than fifty percent (50%) of the building permits allocated each year for single family dwellings or multi - family dwellings by the City Council pursuant to Ordinance No. 266 shall be so prioritized. Developments which provide a minimum of 50 percent of affordable housing including a minimum of 25 percent affordable to low and very low income families shall have a priority over projects for affordable housing which do not provide units for low and very low income families. Also. developments which provide 100 percent affordable housing shall have a priority over proiects. which provide 50 percent affordable housing. The remaining permits shall . be allocated in accordance with the existing waiting list. C. An applicant desiring low income housing priority shall submit to the Community Development Department a written request for such priority, listing the applicant /owner, the address and legal description of the project property, and written deed restrictions and agreements as approved by the City Attorney, restricting the sale and /or occupancy of the entire affordable units in the project to moderate. low or very low income persons for a period of fifty - -Opo-j thirty (30) years after completion of the housing project. Upon receipt of this information and agreements, the applicant's property will be placed on a separate low- income housing waiting list for either single family or multiple family projects in the order in which the requests are received by the City to be eligible for priority in the following .year's water allocation. D. If a project due to be awarded water fails to qualify and or submit sufficient deed restrictions and agreements as required hereinabove prior to the award of water, or voluntarily withdraws, the project shall be removed from the priority list and shall be returned to its original position on. the longterm building allocation waiting list. E. The City at its option, may contract with a non - profit housing agency to provide for administration of various aspects of deed restrictions, agreements and other procedures to ensure the effectiveness of this program to provide long term low income housing. Costs for such services shall be borne by the applicant /developer. • Ordinance No. 408 Page Three Section 3: On or after the effective date of this Ordinance, Staff is directed to send a copy of this Ordinance to all property owners /applicants on the long term building allocation waiting list and to .provide a copy to all persons applying to be added to such waiting lists in the future. Introduced at a regular meeting of the City Council of Morro Bay, held on the 28th day of October, 1991, 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 Novembev 1991 by the following roll gall vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST,. ARDITH DAVIS, City Cler APPROVED AS TO FORM: JUD SKOUSE City Attorney ROSE MARIE SH ,.Mayor • ad Hamel ho. 4-G& , itiaDil gain,„ avticat, wat,zedmytPlo yam. • ORDINANCE NO. 406 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ANNOUNCING FINDINGS AND ADOPTING AMENDMENTS TO SECTION 13.20.070 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 The City Council of the City of Morro Bay does ordain as follows: Section 1. WHEREAS. the Morro Bav Municipal Code Section 13.20.070 is a Water Equivalency table setting forth the average annual water use of different land uses and building types relative to a single family dwelling; and WHEREAS. the Water Equivalency table, which is based on statistical surveys of existing uses with the City of Morro Bay establishes an average water usage of .49 weu's per motel unit: and WHEREAS, review of the data base used to calculate the average usage shows that motels with manager's units on -site use an average of .50 weu's per motel unit, and motels without manager's quarters on- site use an average of .48 weu's per motel unit; and WHEREAS, the amendments to the water equivalency table set forth below complies with the City of Morro Bay obiectives, criteria and procedures for implementation of the California Environmental Quality Act, (CEQA), in that the Amendment is exempt for the purpose of 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 Section 13.20.070 (Water Equivalency Table) of the Municipal Code is hereby revised to show two separate average water use rates for motels as follows: Hotels & Motels. With Manager's Quarters On -Site Without Manager's Ouarters On -Site AVERAGE WATER Cubic feet Per Year Per Unit Factor 5400 5200 USE RATE Usage Equated to Water Equivalency Per Unit Factor 45s UNIT FACTOR unit unit • • Ordinance No. 406 Page Two Introduced at a regular meeting of the City Council of Morro Bay, held on the 26th day of August, 1991, 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 9th day of September 1991 by the following roll call vote: AYES: Baker, Luna, Mullen, Wuriu NOES: None ABSENT: Sheetz ATTEST: ARDITH DAVIS, City Clerk APPROVED AS TO FORM: N Y SKOU EN, City Attorney BEN LUNA, Vim Mayor • a ad . 2/05-_ cam' gtaotio Pn.iev Yiteit)ny° • • 0FtIDIN21s14CE NO- 405 AN ORDINANCE AMENDING CHAPTERS 2.04 AND 2.08 OF THE MORRO BAY MUNICIPAL CODE AUTHORIZING CLOSED SESSIONS OF THE CITY COUNCIL TO BE HELD PRIOR TO THE START OF REGULAR COUNCIL MEETINGS T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, pursuant to §54950 through §54962 of the California Government Code, the legislative body of a local agency may hold and meet in sessions closed to the public for specific purposes of City business; and WHEREAS, such matters as to be discussed by a legislative body in closed sessions require sufficient time and reasonable hours when held to ensure the fullest faculties of its participants are operative in the decision - making process; and WHEREAS, the City Council of Morro Bay now deems it essential to hold said scheduled closed sessions on the same evening as regular City Council meetings yet prior to the regular meeting rather than at the end of such meeting. NOW, THEREFORE, the City Council of City of Morro Bay, California, does hereby ordain as follows: 1. §2.04.030, Council chambers, of the Municipal Code is amended to read as follows: The room designated as the assembly room located in the Veterans' Memorial Hall at 209 Surf Street, Morro Bay, California, shall be the council chambers of the City Council and all regular meetings of the city council shall be held therein. For purposes of conducting special and closed sessions of the legislative body, the city council may meet in the room designated as the conference room located in City Hall at 595 Harbor Street, Morro Bay, California. 2. §2.08.030, Order of business, of the Municipal Code is amended in part with additional language to read in its entirety as follows: 2.08.030 Order of business. At five - fifteen p.m. on the evening of each regular meeting, the members of the council and designated officers and staff may assemble for a scheduled closed session of the legislative body in the room designated for such purposes. Promptly at six 'p.m. on the night of each regular meeting, the members • • Ordinance No. 405 Page 2 of the council, the city administrator, the city clerk, the city attorney and other officers shall assemble at their regular stations in the council chamber, whereupon the business of the meeting shall be taken up in the order as the city council may from time to time prescribe by resolution. Introduced at a regular meeting of the City Council of Morro Bay held on the 12th day of August, 1991, 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 26th day of August 1991 by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: ARDITH DAVIS, City Clerk APPROVED AS TO FORM JUDY SKOUSEN, City Attorney • ORDINANCE NO. 404 • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AMENDING CHAPTER 14.18 OF THE MORRO BAY MUNICIPAL CODE T H E C I T Y C O U N C I L CITY OF MORRO BAY, CALIFORNIA The City Council of the City of Morro Bay does ordain as follows: Section 1. Chapter 14.18 of the Morro Bay Municipal Code enacts Appendix Chapter One of the Uniform Code for Building Conservation, 1991 Edition and is hereby entitled "Building Regulations - Seismic Safety Program." SECTION 2: Amendments to of the text shall read as follows: 14.18.020 Appendix Chapter One of the Uniform Code for Building Conservation is hereby adopted by, reference with the same force and effect as -if fully set forth herein. 14.18.030 Where the term "Building Code" is used in Appendix Chapter One of the Uniform Code for Building Conservation, the term shall mean the current edition of the Uniform Building Code as adopted in Chapter 14.16 of this title Section 3: Sections 14.18.040 and 14.18.090 through 14.18.110 of Chapter 14.18 Morro Bay Municipal Code are repealed in their entirety. Section 4: This ordinance shall take effect thirty (30) adoption and prior to the expiration of fifteen (15) passage thereof shall be published and circulated in the Bay and, thence forth and thereafter, the same shall be and effect. Introduced at a regular meeting of the City Council held on the 12th day of August , 1991, by motion of Wuriu and seconded by Councilmember Baker days after its days from the City of Morro in full force of Morro Bay, Councilmember PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 26th day of August , 1991 by the following roll call vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: ARDITH DAVIS, City Clerk APPRO // 'OSE MARIE SHEE JUDY SKOUSEN, City Attorney Z, Ma r ORDINANCE NO. 403 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AMENDING CERTAIN SECTIONS OF ORDINANCE NO. 353 AND OF TITLE 14 OF THE MORRO BAY MUNICIPAL CODE AND ADOPTING THE 1991 EDITION OF THE UNIFORM ADMINISTRATIVE CODE, UNIFORM BUILDING CODE, UNIFORM BUILDING CODE STANDARDS, UNIFORM CODE FOR BUILDING CONSERVATION, THE 1990 EDITION OF THE NATIONAL ELECTRICAL CODE, THE 1991 EDITION OF THE UNIFORM PLUMBING CODE, UNIFORM SWIMMING POOL CODE, UNIFORM SOLAR ENERGY CODE, UNIFORM MECHANICAL CODE, UNIFORM HOUSING CODE, UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, UNIFORM SIGN CODE, AND THE UNIFORM FIRE CODE. T H E C I T Y C O U N C I L CITY OF MORRO BAY, CALIFORNIA The City Council of the City of Morro Bay does ordain as follows: Section 1. That Title 14 of the Morro Bay Municipal Code is hereby amended as follows: 14.12.030: 14.12.120: 14.16.010: Adopted Uniform Administrative Code. The Uniform Administrative Code 1991 Edition, published by the International Conference of Building Officials, is adopted by reference with the same force and effect as if fully set forth in this chapter and as amended hereinafter. Official Codes Filed. Not less than three certified copies of the 1991 edition of the Uniform Administrative Code, Uniform Building Code, Uniform Building Code Standards, Uniform Code for Building Conservation, 1990 Edition of the National Electrical Code, 1991 Edition of the Uniform Plumbing Code, Uniform Swimming Pool Code, Uniform Solar Energy Code, Uniform Mechanical Code, Uniform Housing Code, Uniform Code for the Abatement of Dangerous Buildings, Uniform Sign Code, and Uniform Fire Code adopted by reference in this title, shall be filed in the office of the City Clerk, and shall be available for public inspection. The Building Official shall maintain a reasonable supply of copies of all adopted codes available for purchase by the public at cost. Adopted. The Uniform Building Code, 1991 Edition, including appendices, Chapter 32 - Reroofing, Chapter 49 - Patio Cover, Chapter 70 - Excavating and Grading, the Uniform Building Code Standards 1991 Edition, and the (Uniform Code for Building Conservation 1991 Edition, Chapter 3 and Appendix Chapter 1,1 published by the International Conference of Building Officials, is 1 Ordinance No. 403 14.16.050 14.20.010: 14.24.010: 14.24.040 14.28.010: 14.32.010: 14.34.010 • • adopted by reference with the same force and effect as if fully set forth herein. Section 3707 (a) amended -- Fireplace foundations. Add paragraph M to Section 3707 (a) of the Uniform Building Code to read as follows: "Fireplace foundations shall extend a minimum of 6 inches beyond the fireplace on all sides and in case of an outside fireplace, shall extend a minimum of 12 inches on the exterior side. It shall be reinforced with a mat of 1/2 inch reinforcing bars at 12 inches o.c. both ways. The minimum thickness to be 8 inches and to be not less than 12 inches into natural soil. In expansive soils, the minimum depth in the earth is to be 18 inches. (Ord. 311 Exh. A (part), 1987; Ord. 15 Sec. 2 (part) 1965; prior code Sec. 4202) Adopted. The National Electrical Code, 1990 Edition, as published by the National Fire Protection Association, is adopted by reference with the same force and effect as if fully set forth herein. Adopted. The Uniform Plumbing Code, 1991 Edition, the Uniform Swimming Pool Code, 1991 Edition, and the Uniform Solar Energy Code, 1991 Edition, as published by the International Association of Plumbing and Mechanical Officials, is adopted by reference with the same force and effect as if fully set forth herein. Section 30.4 chapter shall (Ord. 311 Exh. 1986: Ord. 15 4321.5) amended. The fees required by this be listed in the Master Fee Schedule A (part), 1987: Ord. 275 Sec. 1 (part), Sec 2 (part), 1965: prior code Sec. Adopted. The Uniform Mechanical Code, 1991 Edition, as published by the International Conference of Building Officials, is adopted by reference with the same force and effect as if fully set forth herein. Adopted. The Uniform Housing the Uniform Code for the Buildings, 1991 Edition, International Conference of adopted by reference with the if fully set forth herein. Code, 1991 Edition, and Abatement of Dangerous as published by the Building Officials is same force and effect as Adopted. The Uniform Sign Code, 1991 Edition, as published by the International Conference of Building Officials is adopted by reference with the same force and effect as it fully set forth herein. 2 Ordinance No. 403 14.60.010 14.60.060 14.60.140 14.60.150 • • Adoption. There is adopted by the council for the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion, that certain fire prevention code known as the Uniform Fire Code, recommended by the Western Fire Chiefs Association and the International Conference of Building Officials being particularly the 1991 Edition and the whole thereof including appendices, save and except such portions as are modified in this chapter of which not less than three copies have been and are now filed in the office of the city clerk, all certified as true copies by the city clerk and the same are adopted and incorporated as fully as if set out at length herein, and from the date on which this chapter shall take effect the provisions thereof shall supersede the Uniform Fire Code heretofore adopted by the city and shall be controlling within the limits of the city. Amendments generally. The provisions of the Uniform Fire Code, hereinafter referred to as U.F.C. 1991 Edition are amended and changed in the following sections. (Ord. 311 Exh A (part) 1987; Ord. 177 Sec 2 (part), 1980) Parking in front of fire hydrants. Section 10.108 U.F.C. is added: "The chief and his authorized representatives shall have the power and authority to remove or cause to be removed, without notice, any vehicle, vessel or thing parked or placed in violation of Section 10.105 U.F.C. The owner of any items so removed shall be responsible for all towing, storage, and other charges connected therewith." (Ord 177 Sec 2 (part), 1980) Obstructing fire hydrants. Section 10.105 U.F.C. is amended to read: "1. No person shall place or keep any post, fence, growth, trash or other material or thing near any fire hydrant that would prevent such hydrant from being immediately discernible or in any manner deter or hinder the fire department from gaining immediate access to a fire hydrant. 2. Fire hydrants on private property shall have a no- parking curb, berm or stripe at least eight (8) inches wide and fifteen (15) feet long. Readily legible, permanent, all weather signs shall be conspicuously posted with a minimum lettering of two (2) inches by one - quarter (1/4) inch to read: 'Vehicles in red non - parking zones will be towed away 3 Ordinance No. 403 14.60.160 14.60.170 14.60.180 14.60.190 • • at owner's expense. 22658 V.C. Policy Department 772- 6225, Fire Department 772- 6242'." (Ord. 177 Sec. 2 (part), 1980) Access of roadways. Section 10.204 (a) U.F.C. is amended to read: "Every building hereafter construct ed shall be accessible to fire department apparatus by way of access roadways with all- weather driving surface of not less than twenty (20) feet of unobstructed width, and corners or curves shall not have less than forty -six (46) foot outside radius or a twenty -eight (28) foot inside radius. The access roadway shall be capable of supporting the imposed loads of fire apparatus and having a minimum fourteen (14) feet of vertical clearance. Where the access roadway cannot be provided, approved fire protection systems shall be provided as required by the fire department. The requirements of this section may be modified when, in the opinion of the fire chief, firefighting or rescue operations would not be impaired." (Ord. 177 Sec. 2 (part) 1980) Posting of fire lanes. Section 10.204(g) U.F.C. is added to read: "The owner or individual in control of emergency access roadways and streets in private developments shall conspicuously post legible permanent all- weather signs with a minimum lettering of two (2) inches by one - quarter (1/4) inch stroke at locations as required by the fire department to comply with the access provisions of U.F.C. Section 10.204 (a). Signs are to read:'No Parking -- Fire Lane. Vehicles in no parking zones may be towed away at owner's expense. 10.108 U.F.C. Police Department 772- 6225, Fire Department 772 -6242. (Ord. 177 Sec. 2 (part), 1980) Rescue access. Section 301(c) U.F.C. is added: "General. All buildings, except single family dwellings, which are beyond the height of fir department ladders (thirty -five [35] feet) shall be designed so that all windows and doors required for egress or rescue of occupants can be easily reached with 35 -foot extension ladders carried on fire department pumpers." (Ord. 177 Sec 2 (part), 1980) Waterfront protection. Section 10.404 U.F.C. is added to read: "All premises where piers, wharfs, fuel docks, docks and similar boat mooring facilities are located: access to such premises shall be provided, conforming to U.F.C. Section.204(a) with Morro Bay standard fire hydrants or other fire protection 4 Ordinance No. 403 14.60.210 14.60.220 SECTION 2: • • equipment or systems provided at locations as may be required by the fire chief and connected to a water system capable of supplying the fire flow required by the chief." (Ord. 177 SEc. 2 (part) 1980) Spark arresters. Section 11.505 U.F.C. is amended to read: "Each chimney used in conjunction with any fireplace, barbecue, incinerator, or any heating appliance in which solid fuel is used, upon any building, structure or premises, shall be maintained with a spark arrester constructed with heavy wire mesh or other non - combustible material as approved by the fire department. Chimneys which are non - conforming to this section shall be made to conform prior to July 1, 1985." (Ord. 177 Sec. 2 (part), 1980) Exits. Section 12.104 U.F.C. is amended to read: "No person shall place, store or keep, or permit to be placed, stored or kept, any materials the presence or burning of which would obstruct or render hazardous an exit. 1. At every required exist, except dwellings, and wherever otherwise required to clearly indicate the direction of egress, an exit sign with plainly legible letters at less six (6) inches high by three - quarters (3/4) inch stroke shall be provided and maintained. 2. Exit signs shall be illuminated when in the opinion of the fire chief, there is not sufficient lighting inside a building for occupants to see the exit sign.." (Ord. 177 Sec. 2 (part), 1980) This ordinance shall take effect thirty (30) days after its adoption, and prior to the expiration of fifteen (15) days from the passage thereof shall be published and circulated in the City of Morro Bay and thenceforth and thereafter the same shall be in full force and effect. Introduced at a regular meeting of the City Council of Morro Bay held on the 22nd day of July, 1991, by motion of Councilmember Baker and seconded by Councilmember Luna 5 Ordinance No. 403 • • PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 12th day of August , 1991 by the following roll call vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST* ARDITH DAVIS, City Cle APPROVED AS TO FORM: ROS MARIE '" EETZ, Ma JUD. SKOUSE , City Attorney 6 • 1 eta/ 400.? - obviti Sio ciPapano gortathaa;r‘ • • ORD I NAN C E NO - 4 0 2 AN ORDINANCE AMENDING CHAPTER 2.28 OF THE MORRO BAY MUNICIPAL CODE ESTABLISHING REGULAR JOINT MEETINGS BETWEEN THE CITY COUNCIL AND ITS PLANNING COMMISSION T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City Council of Morro Bay, California, pursuant to Chapter 3, Title 7 of the California Government Code, selects planning commissioners to consider, recommend, and determine certain affairs and policies of the City pertaining to planning and land use activi- ties; and WHEREAS, it is necessary and desirable that members of the elected City Council and the appointed Planning Commission meet peri- odically to exchange thoughts and communication relative to planning matters of the City. NOW, THEREFORE, the City Council of the City of Morro Bay does hereby ordain that Section 2.28.120D of the Morro Bay Municipal Code is amended to read in its entirety as follows: 2.28.120 Duties and Responsibilities The Planning Commission shall: D. Meet with the city council in April and October of each year to discuss proposed policies, programs, goals and objectives, budgeting, future planning, or any other planning matter requiring joint deliberation; Introduced at a regular meeting of the City Council held on the 8th day of July 1991, by motion of Mullen , and seconded by Councilmember Wuriu PASSED AND ADOPTED on the 22nd day of July following vote to wit: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: ARDITH DAVIS, City Clerk APPROVED AS TO FORM: JU Y SKOUSE ,, ity Attorney of Morro Bay, Councilmember , 1991, by the pd 4'&/ • • 072477 - 5ez;rti-d- getsze-t • ORDINANCE NO. 401 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 14.18.30 - Definitions: D.3. The area of reinforcing steel is less than 25% of that required by Section 2407 (b) UBC. 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, 1992, 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, 1992, 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. 1992, plans for installation of wall with the requirements specified in 1992, plans for the demolition of the TABLE NO. 14.18 -B TIME LIMITS FOR COMPLIANCE REQUIRED ACTION OBTAIN BUILDING COMMENCE COMPLETE BY OWNER PERMIT WITHIN CONSTRUCTION CONSTRUCTION Complete Struc- tural Alterations or Building July 1, 1994 Demolition Jan. 1, 1995 Jan. 1, 1996 Wall Anchor Installation Jan. 1, 1993 July 1, 1993 July 1, 1994 Introduced at a regular meeting of the City Council of Morro Bay, held on the 24th day of June, 1991, by motion of Councilmember Luna and seconded by Councilmember Mullen PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 8th day of July 1991 by the following roll call vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: ARDITH DAVIS, City Clerk ROSE MARIE ET ayor • • owzedQ - da6 77- 6thrw so . &ua.tf • • ORDINANCE NO. 400 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ANNOUNCING FINDINGS AND ADOPTING AMENMENT TO TITLE 17 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 CASE NO. GPA /ZOA /LCP 01 -91 WHEREAS, the Planning Commission of the City of Morro Bay, California, on the 4th, and 19th day of February, the 15th day of April and the 3rd day of June, 1991, held a duly noticed PUBLIC HEARING 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. 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. WHEREAS, at said PUBLIC HEARING, after considering the staff report and the testimony of all persons, if any, wishing to testify, the Planning Commission did recommend approval to the City Council; and WHEREAS, on the 25th day of February, the 22nd day of April, and the 10th day of June, 1991 the City Council of the City of Morro Bay did hold a duly noticed PUBLIC HEARING, to consider the amendments; and WHEREAS, at said PUBLIC HEARING, after considering 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 Williams Brothers property for "district" commercial use; and 2. That the initiative approved by the Voters on November 6, 1990 statesa the area to be rezoned is "13 gross acres generally located adjacent to Highway 1 and Morro Bay Boulevard. "; and 3. That amendments recommended to the City Zoning Map, as shown on Exhibit "B ", comply with and reflect the intent of Measure H. • • Ordinance No. 400 Page Two 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 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 Council of Morro Bay, held on the 10th, day of June, 1991, by motion of Councilmember Luna , and seconded by Councilmember Baker PASSED, AND ADOPTED, on the 24th day of June 1991, by the following vote to wit: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None o2a_d2a,_ ARDITH DAVIS, City Clerk APPROVED AS TO FORM: <jilt DY SK SEN, City Attorney ROSE MARIE ETZ or • • 9- Peg - axe `2's 6 . • • ORDINANCE NO. 399 AN URGENCY ORDINANCE OF THE CITY OF MORRO BAY CITY COUNCIL ENACTING AN AMENDMENT TO THE CITY'S CONTRACT WITH THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM TO PROVIDE ONE -YEAR FINAL COMPENSATION FOR LOCAL SAFETY MEMBERS ONLY The City Council of the City of Morro Bay does hereby ordain as follows: WHEREAS, an amendment to the Contract between the City of Morro Bay City Council and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked as "Exhibit A ", and by such reference made a part hereof as though herein set out in full: and WHEREAS, said amendment is enacted to fulfill contractual obligations with the City's safety employees (Police and Fire personnel); and WHEREAS, failure to urgently adopt this ordinance could potentially disrupt employee morale and negatively affect necessary public services; and WHEREAS, the City desires to demonstrate to its safety employees that the City wishes to implement this retirement benefit; NOW THEREFORE, be it ordained by the City Council of the City of Morro Bay, that for the immediate preservation of the public peace, and safety, the City Council authorizes the Mayor to execute this contractual amendment with the Public Employees Retirement System for and on behalf of the City of Morro Bay; BE IT FURTHER ORDAINED this Ordinance shall take effect immediately, and prior to the expiration of fifteen days from the passage hereof shall be published at least once in the Sun Bulletin, a newspaper of general circulation, published and circulated in the City of Morro Bay and thenceforth and thereafter the same shall be in full force and effect. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 10th day of June 1991 by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: Ard1 Davis City Clerk ose arie S -etz, Ma '.r • AMENDMENT TO CONTRACT • BETWEEN TBE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF MORRO BAY The Board of Administration, Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of above public agency, hereinafter referred to as Public Agency, having entered into a contract effective July 1, 1965, and witnessed June 1, 1965, and as amended effective August 15, 1981, November 19, 1983, January 7, 1989 and June 24, 1989, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective June 24, 1989, and hereby replaced by the following paragraphs numbered 1 through 13 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 60 for local miscellaneous members and age 50 for local safety members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after July 1, 1965 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); c. Employees other than local safety members (herein referred to as local miscellaneous members). • • 4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: a. ELECTED OFFICIALS; b. APPOINTIVE COMMISSIONS; AND c. PERSONS COMPENSATED ON AN HOURLY BASIS. 5. This contract shall be a continuation of the benefits of the contract of the Morro Bay Fire District, hereinafter referred to as "Former Agency ", pursuant to Section 20567.1 of the Government Code, Former Agency having ceased to exist and succeeded by Public Agency on July 1, 1965. Public Agency, by this contract, assumes the accumulated contributions and assets derived therefrom and liability for prior and current service under Former Agency's contract with respect to the Former Agency's employees. Legislation repealed Section 20567.1, Statutes of 1949, effective January 1, 1988. 6. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member shall be determined in accordance with Section 21251.13 of said Retirement Law (2% at age 60 Full). 7. The percentage of final compensation to be provided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 21252.01 of said Retirement Law (2% at age 50 Full). 8. Public Agency elected to be subject to the following optional provisions: a. Sections .21380 -21387 (1959 Survivor Benefits) including Section 21382.4 (Third Level of 1959 Survivor Benefits) for local safety members only. b. Section 20862.8 (Credit for Unused Sick Leave). c. Section 20024.2 (One -Year Final Compensation) for local safety members only. 9. Public Agency, in accordance with Government Code Section 20740, ceased to be an "employer" for purposes of Section 20759 effective on August 15, 1981. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20759, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20759. 10. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. • • 11. Public Agency shall also contribute to said Retirement System as follows: a. Public Agency shall contribute $2.50 per employee, per month on account of the liability for the 1959 Survivor Benefits provided under Section 21382.4 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local safety members. • b. A reasonable amount, as fixed by the Board, payable in one in- stallment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. c. A reasonable amount, as fixed by the Board, payable in one in- stallment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 12. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 13. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid,for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the 22nd day of June , 19 91. BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM BY CITY COUNCIL OF THE CITY OF MORRO BAY CHIEF, CONTRACT SERVICES DIVISION • e iding Offic- PUBLIC EMPLOYEES' RETIREMENT SYSTEM ROSE MARIE SHEETZ, PERS -CON -702 (AMENDMENT) (Rev. 3/91) June 11, 1991 Mayor Witness Date Attest: CCeerk Ardith Davis PERS • • Contract Services Division P.O. Box 942709 Sacramento, CA 94229 -2709 (916) 326 -3420 326 -3000 (Telecommunications Device for the Deaf) I hereby certify: That the CERTIFICATION OF FINAL ACTION OF GOVERNING BODY DATE: June 11, 1991 City Council of (Governing Body) the City of Morro Bay, CA adopted (Public Agency) on June 10, 1991 , by an affirmative vote of a majority of the (Date) members of said Governing Body, Ordinance No. 399 (Ordinance or Resolution) approving the attached contractual agreement between the Governing Body of said Agency and the Board of Administration of the Public Employees' Retirement System, a certified copy of said Ordinance (Ordinance or Resolution) in the form furnished by said Board of Administration being attached hereto. PERS -CON -5 C0614 (Rev. 4/89) (Clerk or Secretary Ardith Davis, City Clerk City of Morro Bay (Public Agency) • Public Employees' Retirement System Public Agency Contract Services Contract Services Division - Section 220 Post Office Box 942709 Sacramento, CA 94229 -2709 Telephone (916) 326 -3420 326 -3000 (Telecommunications Device for the Deaf) CERTIFICATION OF COMPLIANCE WITH GOVERNMENT CODE SECTION 7507 I hereby certify that in accordance with Section 7507 of the Government Code the future annual costs as determined by the System Actuary and /or the increase in retirement benefit(s) have been made public at a public meeting by the City Council of the City of Morro Bay (governing body) (public agency) at least two weeks prior to the adoption of the final Ordinance /Resolution. Date: June 7, 1991 CSD- CON -12A (Rev. 11/88) C0601 GARY A. NAPPER City Administrator official title • • ad coq g' de €A4-0 1 $Z,tt' pettGtwo lgo l aa ,bpi, iol Atdo • ORDINANCE NO. 398 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ANNOUNCING FINDINGS AND ADOPTING AMENDMENTS TO SECTION 14 CHAPTER 14.44 OF THE MORRO BAY MUNICIPAL CODE T H E C I T Y C O U N C I L CITY OF MORRO BAY, CALIFORNIA The City Council of the City of Morro Bay does ordain as follows: Section 1. WHEREAS, the Planning Commission did on the 6th day of August, 1990, the 21st day of January and the 18th day of March, 1991 hold duly noticed PUBLIC HEARINGS accepting all public comments, if any, and did recommend to the City Council adoption of the proposed ordinance; and WHEREAS, the City Council did on the 13th day of March, 1991 conduct a duly noticed PUBLIC HEARING and accepting all public comments, if any, and; WHEREAS, the City Council hereby makes the following findings: 1. The existing ordinance is unclear and ambiguous in defining the responsibilities for installing frontage improvements; and 2. The existing ordinance is unclear as to when frontage improvements shall be required to be installed by property owners; and 3. The existing ordinance does not ensure that requirements for frontage improvements bear a reasonable relationship to the private improvements proposed; and 4. Amendments to the existing ordinance as set forth in Section 2 are necessary to correct the above listed deficiencies. NOW, THEREFORE, BE IT HEREBY ORDAINED by the City Council of the City of Morro Bay that Title 14 of the Municipal Code be amended as follows: SECTION 2: Chapter 14.44 of the Morro Bay Municipal Code shall be revised in its entirety to read as follows: Ordinance No. 398 Page 2 • • CHAPTER 14.44 BUILDING REGULATIONS -- FRONTAGE IMPROVEMENTS - CURBS, GUTTERS, SIDEWALKS, STREETS AND STREET TREES 14.44.010 Purpose The purposes of the requirements of this Chapter are to improve the public health, safety, welfare and convenience by installation of frontage improvements at locations within the City with high public pedestrian usage, or where necessary for passage of storm water runoff and drainage. 14.44.020 Street Improvements Required Property owners and /or applicants for development permits shall at their own expense design, construct and install curb, gutters, thru curb drains, sidewalks, street and street trees along the entire frontage of the subject property and /or shall correct existing deficiencies in same pursuant to the following provisions: A. Such improvements shall be constructed by owner /applicant on all properties within commercial, industrial, or multiple family residential (R -3 and R -4 zoning) districts within the City. B. Subject to the limitations of Section 14.44.030 such improvements shall be constructed by owner /applicant as a requirement of City approval of permits for any of the following types of development: 1. The placement or erection of any solid material or structure, or 2. Change in the density or intensity of use of land including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use, or 3. Change in the intensity of use of, or of access to, a water body that is adjacent to land that lies within the City limits of the City, or 4. Construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility, or 5. Change in the occupancy or use of a building from residential purposes to commercial purposes. • • Ordinance No. Page 3 C. Frontage improvements required to be installed pursuant to this chapter shall be constructed in accordance with the City's Standard Specifications as determined by the director of Public Works (ORD 25751, 11984: and 22 SIC part), 1965:prior code 54401). D. Frontage improvements required to be installed pursuant to this Chapter shall also include but not be limited to providing trees and tree wells adjacent to the curb of a size and spacing as designated in the City's Standard Improvement Specifications and Drawings (ORD 2451, 1965:prior code S 4404). 14.44.030 Limitations. Frontage improvements shall be required in relationship to the value of on -site improvements as set forth in A thru D below. These values are as of January, 1991 and shall be adjusted annually in accordance with the most current "Engineering News Record Index" (ENRI). The value of on -site improvements shall be as determined by the City on the approved building permit. For remodels and additions to existing structures, but not for new structures, the value of the following improvements shall not be counted when estimating the total valuation of project improvements; landscaping, fences, retaining walls, reroofs, painting, interior decorations and fixtures, signs and their supports, normal maintenance and repairs, re- surfacing of improved parking areas and structural modifications associated with strengthening of unreinforced masonry buildings pursuant to Ordinance No.366. Where on -site paving of parking areas is proposed, the Director of Public Works shall estimate the value of the parking lot improvements based on an average per square foot cost of $2.50 as of January 1991, shall adjust this amount in accordance with the most current ENRI, and shall apply this cost with any other on -site improvement values in determining off -site requirements for the project. A. Whenever the value of the proposed on -site improvements is greater than $5000 and exceeds value of the required frontage improvements, such frontage improvements shall be required. B. Whenever the value of the proposed on -site improvements is greater than $5000 but is less than the value of the required frontage improvements, the applicant/ owner may request the City to install the frontage improvements subject to a reimbursement agreement whereby the owner /applicant agrees to repay the City in full and in a form acceptable to the City. C. Whenever the cumulative value of the proposed on -site improvements including the current proposal, and all other approvals during the preceding five year period is $12,500 or greater, frontage improvements shall be required. • • Ordinance No. Page 4 D. Frontage improvements shall not be required when the value of the on -site improvements is less than the value in paragraph A above, except where the cumulative value of improvements over the preceding five years is equal to or greater than the value in paragraph C above. 14.44.040 Exceptions The requirement for construction of new frontage improvements may be waived or modified by the Director of Public Works in cases where he determines that existing non - standard frontage improvements do not create potential safety hazards for pedestrians or motorists, cause a liability for the City, result in drainage problems, or compromise handicapped accessibility requirements. In granting such waivers, the Director of Public Works may require any degree of corrective work to existing frontage improvements he deems necessary. 14.44.050 Construction of Improvements by City Whenever the approval requested from the City is for additional development on a currently developed property, (as distinguished from a vacant property or a full demolition and reconstruction), the applicant may request the City to construct the required frontage improvements concurrent with the private on -site improvements at City's cost under a reimbursement agreement whereby the owner /applicant agrees to repay the City in full and in a form acceptable to the City. Such arrangements must be mutually agreeable to both parties. Full reimbursement to the City shall be in equal annual installments including interest over a period not to exceed five years. The City shall place a lien on the property and /or shall obtain other financial securities as set forth in Section 14.44.050 of this Chapter. Such agreements shall be approved by the City Council upon recommendation of the City Administrator. 14.44.060 Permit Issuance No building permit or development approval shall be issued for any projects determined to require frontage improvements under the provisions of this section, until plans for the required improvements have been submitted to and approved by the Director of Public Works. No final occupancy approval shall be granted by the Building Official until all required improvements have been installed to the satisfaction of the Director of Public Works. 14.44.070 Agreement - Bond Prior to the issuance of building permit, all persons required to install frontage improvements under the provisions of this ordinance, shall execute with the City an agreement to install said improvements in accordance with the provisions of this section and shall post financial security in a form acceptable to the Finance Director in an amount of 150% of the estimated cost of the_improvements and related work as approved by the Director of Public Works. Ordinance No. Page 5 • 14.44.080 Appeals Any person aggrieved by the requirements of this section shall have the right to appeal to the Planning Commission . If an appeal is made, it must be filed with the Community Development Department not later than 10 calendar days after the applicant is formally notified of the required improvements. The appeal shall state the reason why the requirements are inconsistent with the provisions of this ordinance and should not be applied. The Planning Commission may grant the appeal and waive all or part of the requirements when, based on a report by the Director of Public Works, it is determined the following conditions exist: A) that the waiver of improvements shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is situated; and B) that because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of this section is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification; and C) that the waiver is found consistent with the intent of the General Plan; or D) that such improvements already exist in good condition and conform to City Standard Specifications on the entire property frontage; or E) the property involved is part of an area within which construction of such improvements has been budgeted by the City, or is within an approved assessment district; F) that waiver of the required improvements will not create potential safety hazards for pedestrians or motorists, cuase a liability for the City, result in drainage problems, or compromise handicapped accessibility requirements.. Any person aggrieved by the decision of the Planning Commission shall have the right of further appeal to the City Council on the same basis as the appeal to the Planning Commission. 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 13th day of May, 1991, by motion of Councilmember Luna and seconded by Councilmember Baker • • Ordinance No. 398 Page 6 PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 28th day of May , 1991 by the following roll call vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: ARDITH DAVIS, Ci y Clerk APPROVED AS TO FORM: JU Y SKOUS City Attorney ROSE MARIE dSHEETZ, M or ad Of 7 - ifigeonue Pao-6 in aot eiki - ii-e- ORDINANCE NO. 397 AN ORDINANCE ADDING CHAPTER 15.56 TO TITLE 15 HARBOR AND OCEAN REGULATIONS MORRO BAY MUNICIPAL CODE RELATING TO IMPOUNDMENT OF VESSELS FOR NON - PAYMENT OF FEES The City of Morro Bay does ordain that the following Chapter be added to Title 15 of the Morro Bay Municipal Code as follows: CHAPTER 15.56: IMPOUNDMENT OF VESSELS FOR NON - PAYMENT OF FEES Section 15.56.010 Non - Payment of Fees All fees for mooring at City facilities shall be due in advance. In the case of fees for daily slip use, daily pier use, floating City dock use, and the A1-5 mooring area use (hereinafter known as Transient Fees) the Harbor Director may allow 48 hours after the commencement of use for payment to be made for use of facilities. Vessels subject to Transient Fees which fail to make payment within 48 hours of commencement of use of the facility or which continue to use facilities without payment in advance may be denied further use of City mooring facilities and are subject to impoundment as described in Section 15.56.020 hereof. Section 15.56.020 Impoundment for Non - Payment of Fees Any vessel which fails to pay transient fees as required by Section 15.56.010 hereof within 48 hours after mooring may be impounded by the Harbor Director. Any vessel which has incurred mooring fees, any other fees or charges that remain unpaid for a period in excess of 90 days that shall moor or remain moored to any City facility may be impounded by the Harbor Director. To impound any vessel the Harbor Director may relocate or secure to prevent said vessel from leaving that location until such time as all fees or charges are paid in full, including the impound fees, past due charges, penalties, interest, legal fees and charges accruing for mooring, storage or maintenance of vessel during impoundment at the direction of the Harbor Director. The Harbor Director may authorize said vessel to be removed from the water, stored, and /or moved to more appropriate mooring facilities for security of vessel or convenience during such impoundment period. After a period of sixty (60) days the vessel may be destroyed or sold at public auction in accordance with the provisions of Article 4 of Chapter 2, Division 3 of the Harbors and Navigation Code. All fees and charges incurred on behalf of said vessel shall continue to be associated with said vessel and /or vessel's owner and /or operator at time charges were incurred until paid in full regardless of changes of ownership or operator of vessel. Any individual who, or vessel which, has incurred fees or charges to the City of Morro Bay which shall remain unpaid for a period in excess of 90 days may be denied use of any City vessel mooring facilities. INTRODUCED at, a regular meeting of the City Council of the City of Morro Bay, held the 8th day of April, 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 22nd day of April , 1991 by the following roll call vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: AF'.�) ITH DAVIS, City Clerk APPROVED AS TO FORM AND LEGAL EFFECT: JU EN ;City Attorney • • '. X95 - mancltt A fFkoh gaze 4 frioae- • • ORDINANCE NO. 395 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ANNOUNCING FINDINGS AND ADOPTING AMENDMENTS TO THE MORRO BAY MUNICIPAL CODE ADDING CHAPTER 13.04.348 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. 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's water supply is so low the city has been required to institute the "Severely Restricted Water Supply Conditions" level of water rationing causing much hardship and inconvenience to the people of Morro Bay, and 3. The City's water supply is so low the city has been required to install temporary desalination equipment at great expense to the people of Morro Bay; and 4. It is necessary for the preservation of the health, safety and welfare of the citizens of Morro Bay that the city amend Municipal Code by adding section 13.04.348 to require all property owners to retrofit any structures on said property upon the sale or transfer of such property, and 5. Notice and a public hearing were completed pursuant to Government Code Section 54354.5 prior to the passage of this ordinance. Section 2. NOW, THEREFORE, BE IT HEREBY ORDAINED by the City Council of the City of Morro Bay that Title 13.20. of the Municipal Code be amended to add a new section 13.04.248 as follows: • • ORDINANCE NO. 395 PAGE 2 13.04.248 RETROFITTING UPON TRANSFER OR SALE OF PROPERTY A. Every property owner, prior to sale or transfer of any real property upon which is located any structure connected to the City's water supply, shall retrofit said structure with the water saving devices required for new construction as set forth in Section 14.24.050 of this Code. In cases where the building official determines the use of such fixtures in existing structures would fail to meet Uniform Plumbing Code Standards, fixtures using the least amount of water which do meet the Uniform Plumbing Code Standards shall be utilized. B. In cases where a buyer intends to demolish all structures on such property within ninety days from the date of transfer, said structure need not be retrofitted prior to transfer provided a covenant and a bond are filed with the City as follows: 1. The property owner shall file with the City Clerk a noterized covenant agreeing to either demolish all structures located on said property connected to the City Water system, within ninety days from the date of transfer or to perform the retrofit required in Section A hereinabove together with a faithful performance bond, in a form and issued by a surety company satisfactory to City in an amount equal to One hundred, fifty percent (150 %) of the full cost of retrofitting all such structures securing faithful performance of said agreement. 2. Said agreement shall also authorize and grant the City permission to enter onto said property and to perform such retrofit in the event the property owner fails to do so. Further the property owner shall agree to reimburse city for all cost incurred by City in the event the bond is insufficient. C. Determination of compliance with the requirements of section A shall be made by a City Building official after an inspection performed by said official or a qualified plumbing contractor under the supervision of said Building Official who shall issue a certificate indicating same to the Seller or Title company involved. Seller shall pay the fee set forth in the Master fee schedule for such retrofit inspection at the time Seller submits the request for the retrofit inspection. No property transfer shall be recorded until such a certificate has been received by the Seller and transferred with title to the Buyer. If noncompliance is found, the property owner (both Seller and Buyer) and any title company involved in the transfer shall be guilty of a violation of this code. • ORDINANCE NO. 395 PAGE 3 INTRODUCED at a regular meeting fo the City Council of Morro Bay, held on the 11th day of March , 1991, by motion of Councilmember Luna 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 25th day of March , 1991 by the following roll cal vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: R'SE M:•IE SHE , Mayo DAVIS, City Cler APPROVED AS TO FORM: JUIpY SKOUSSN, ity Attorney JS /nr mbfeba: mbfeba:mnrtft e • ad MY- watt .a-rial-144 • • ORDINANCE NO. 394 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ANNOUNCING FINDINGS AND ADOPTING AMENDMENTS TO THE MORRO BAY MUNICIPAL CODE CHAPTER 13.20.080 A, 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 procedures to be followed by the Planning Department in determining whether a project or a change in land use will require additional water equivalencies are contained in Section 13.20.080 and in Section VIII of the Water Equivalency Operating Procedures; and 2. The language contained in these two sectidns is ambiguous and requires clarification and modification to the system of credits of water equivalencies to existing or former uses; and 3. The Planning Commission on October 15th, December 17, 1990 and January 21, 1991 conducted duly noticed PUBLIC HEARINGS to con- sider the report of the Planning Director recommending certain modifications to the operating procedures currently in effect; and 4. The Planning Commission did on January 21st make recommendations to the City Council; and 5. The City Council on February 11, 1991 and March 11, 1991 did hold a duly noticed PUBLIC HEARINGS to consider the staff report, Planning Commission recommendations and testimony of all interested persons; and 6. 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 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. 394 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 use 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 should 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). After January 01, 1994, water equivalencies credited to demolished buildings shall be limited to the highest number of water equivalencies credited to legally permitted uses in the buildings 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 and any building demolished 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. 2. 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 use or occupancy being replaced. After January 1, 1994, water equivalencies credited to the exist- ing use or occupancy shall be limited to the highest number of water equivalencies credited to legally permitted uses on the site within the last ten (10) years based on the most current water equivalency table contained in 2 Ordinance No. 394 Page 3 • • §13.20.070 of the Morro Bay Municipal Code and any use or occupancy discontinued prier -to- -1997 more than (10) years previous shall not be credited with equivalencies; Introduced at a regular meeting of the City Council of Morro Bay, held on the llth day of March , 1991, 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 25th day of March , 1991 by the following roll call vote: - AYES: Luna,- Mullen, Wuriu, Sheetz NOES: Baker ABSENT: None ATTEST: ARDITH DAVIS, City Clerk APPROVED AS TO FORM: JU SKOUS N, City Attorney 3 • ORDINANCE NO. 393 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ANNOUNCING FINDINGS AND ADOPTING AMENDMENTS TO THE MORRO BAY MUNICIPAL CODE CHAPTER 13.20 TO PROVIDE FOR SPECIAL BUILDING ALLOCATIONS FOR ON -SITE CONVERSION PROJECTS THE CITY COUNCIL City of Morro Bay, California The City Council of the City of Morro Bay does ordain as follows: Section 1. The Council does hereby make the following findings: 1. Section 13.20.050 B of the Morro Bay Municipal Code requires the City Council to annually review the operating procedures for administration of the water equivalency program; and 2. The City Council on March 26th, April 9th, June 25th, August 13th, October 22nd, 1990, January 14th, February 25th, March llth and March 18th, March 25th, April 8th, and April 22nd, 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 comments of all interested persons wishing to testify; and 3. The addition of new residential development, is regulated on an annual basis by the City Council under the terms of Ordinance 266, with not more than 77 dwellings being permitted in any given year. Prior to any applicants being eligible to submit develop- ment proposals for residential projects, the City Council must make a water allocation for the year; and 4. During periods of low rainfall, or for other reasons, the City Council may determine to approve no water allocation, or only a partial water allocation for any given year in order to conserve municipal water supplies; and 5. During such periods, commercial redevelopment, or redevelopment of residential properties may take place under existing code pro- visions so long as no additional water equivalencies are required, but the addition of new residential uses are not cur- rently allowed, even though no additional water equivalencies may be required; and 6. In certain circumstances, where water equivalencies are present on a parcel due to existing or previous development, redevelopment of the site for additional residential dwelling 1 • • Ordinance No. 393 Page 2 units may be possible within existing on -site water equivalencies without adversely affecting municipal water supplies; and 7. In order to allow such projects to proceed during years when no water allocation, or a reduced water allocation is made by the Council, provisions need to be provided in the Municipal Code to ensure conformance with the limitations of Ordinance 266, and to provide fairness and equal opportunity for all applicants consis- tent with the long term waiting list; and 8. 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. Section 2. Chapter 13.20 of the Morro Bay Municipal Code is amended as follows and shown by underlining: J.3.20.085 Special Building Allocation A. During any calendar year in which the City Council determines not to award all of the water allocations permitted by Ordinance 266. the City Council may by resolution. authorize building permits to Pe issued for new uses within the limits established in Ordinance 266 to those projects which because they have pre- existing water equivalencies on -site. have no necessity for new water allocation from the City. B. proposals for residential projects which are being converted from former non - residential uses or for residential re- development projects which increase the number of residential units on the property may be eligible to be considered for a Special Building Allocation when those projects: 1. have sufficient pre- existing water equivalencies on -site due to prior water use on that property: and 2. are consistent with the annual building allocation established by the Council as required by Ordinance 266: 3. will not require more water equivalencies than the amount Set forth in the "Water Equivalency Table" contained in Morro Bay Municipal Code Section 13.20.070 (Exhibit Al for the current use to be converted. C. Upon receipt of a re- development application. and verification by the Planning Director that the proposal conforms to the above requirements and all other requirements of the Morro Bay Municipal Code. the application will be processed in the normal manner required for any necessary discretionary approvals. The planning Director on a quarterly basis. shall provide the City 2 Ordinance No. 393 Page 3 • Council a list of all re- development projects having obtained all, necessary discretionary approvals during that quarter. The Council may authorize the Chief Building Official to issue building permits to such projects in accordance with the limitations of the Special Building Allocation for that calendar year. During each quarterly authorization. those projects highest on the long term waiting list shall have priority over other applicants for access to the available Special Allocation permits. except as set forth in item D. below. D. Zn accordance with and subject to the provisions of Section 13.20.090 of the Morro Bay Municipal Code. and as subsequently amended. projects which qualify as "low and very low income housing" developments shall be given priority to Special Building allocation permits over other applications. E. Special Buildina Allocations will have no unit carry -overs from one calendar year to the next: therefore. in the event that a project requires more units than the number of remaining units available through the allocation. the project proponent may reduce the number of units proposed. or the next project in line that can be satisfied shall receive the award. F. Applicants applying to participate in a Special Building Alloca- tion but that fail to meet the criteria above. fail to obtain anv required approvals. or that meet the criteria but withdraw their request. shall be returned to their original relative position on the long -term building allocation list. INTRODUCED at a regular meeting of the City Council of the City of Morro Bay held on the 22nd day of April , 1991, by motion of Councilmember Wuriu , and seconded by Mayor Sheetz., PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay at a regular meeting held thereof on the 13th day of May , 1991 by the following role call vote: AYES: Baker, Mullen, Wuriu, Sheetz NOES: Luna ABSENT: None ATTEST: ARDITH DAVIS, CITY CLERK APPROVED AS TO FORM: J Y SKOUStN, TY ATTORNEY 3 • It ORDINANCE NO. 392 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 LCP /GPA /ZOA 02 -91 North Point Property The City Council of the City of Morro Bay does ordain as follows: Section 1. WHEREAS, the Planning Commission did on the 5th and 19th day of November, 1990 and on the 3rd day of December, 1990 hold duly noticed PUBLIC HEARINGS accepting all public comments, if any, and did recommend to the City Council adoption of the proposed ordinance; and WHEREAS, the City Council did on the 28th day of January, and the llth day of March, 1991 conduct duly noticed PUBLIC HEARINGS and accepting all public comments, if any, 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. WHEREAS, the City Council hereby makes the following additional findings: 1. That the requested Amendments, which were proposed in the form of a Specific Plan, are more appropriately made in the form of Amendments to the text of the Zoning Ordinance, and Amendments to the official Zoning maps; and 2. That the Amendments are designed to protect and conserve the public viewshed from Highway One by limiting the height of new structures and by requiring various other performance standards as set forth in Section 2 of this ordinance; and 3. These standards, where stated, shall be in -lieu of the normal standards of the R -1 District, where silent, standards of the R -1 District shall be in force; and 4. These Amendments provide the property owner with reasonable use of his property while continuing to ensure protection of public viewshed and open space values. NOW, THEREFORE, BE IT HEREBY ORDAINED by the City Council of the City of Morro Bay that Title 17 of the Municipal Code be amended as follows: Ordinance No 392 • Ordinance 392 Page Two • SECTION 2: Amendments to Section 17.40.030 of the Zoning Ordinance shall read as follows: 5.2.B District The purpose Highway One establishing Where stated R -1 district force. of this suffix is to protect the public viewshed from by limiting the height of new structures and by various other performance standards as set forth below. ▪ these shall be in -lieu of the normal standards of the • where silent. standards of R -1 district shall be in Dwelling and garage height limits. No portion of any structure. except for vents and chimneys may extend above the fifty -five foot elevation above sea level. Accessory Buildings. Guest houses or accessory buildings other than garages are prohibited. Setback from Bluff Face. All permanent structures shall be set back from the bluff face a distance sufficient to allow for 75 years of average bluff retreat. No retaining walls or other bluff stabilization devices, except for drainage structures shall be permitted. Fire Protection. All residences shall be equipped with fire sprinklers. subject to the approval of the Fire Chief. Licht and Glare Mitigation. All new uses shall be designed so that light and glare are minimized. Landscaping Standards. A landscaping plan shall be required in conjunction with any development proposal in that area. The landscaping plan shall provide for revegetation and restoration of native shrubs and ground covers within the open space portions of the area. Zn order to protect public views to and along the coast. no landscaping shall be permitted that results in greater obstruction of public views from Highway One than result from residential and accessory structures. Landscaping in open space areas shall be limited to low crowing drought resistant native shrubs and ground covers that at maturity will not exceed five (5) feet in height Within residential yard areas. taller vegetation. including small trees may be used. providing no such vegetation exceeds the roof height of the residences. Section 3: Chapter 17 of the Morro Bay Municipal Code Official Zoning Map is amended as shown on Figure Al, A2, and A3, attached hereto and made a part of this ordinance. • • Ordinance 392 Page Three 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 ordinance and 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 Zoning amendments are in compliance with the intent, objectives, and polices 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. This ordinance shall take effect immediately and automatically upon said certification. Introduced at a regular meeting of the City Council of Morro Bay, held on the llth day of March, 1991, 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 25th day of March, 1991 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: JU Y SKOU EN, City Attorney • . .. 9 • EXH IFSIT A -2 AMENDED ZONING ORDINANCE 392 a 44' 44 E 52•88' 133oR 3TT j R -1/ S.28 / PD n 0°0 n M tn. - - FNo lift- I.P. A EL.EV.39.44 55. FooT.. CONTOUR BASED or4 MoRRo PsAj'...C(TY 15.M. A -124 .;(ELEV. 44-43) SCALE I'__106 ENGINEERING DA S 1320 NIPOMO STREET°SAN LUIS OBISPO. CA 93401o805/549 -8658 _.__PnnliT . MOTEL _ EoA klaa2-589 REV 2 -2/•97 SHEET 2 EXHIBIT A -3 EXHIBIT "A" DESCRIPTION THAT PORTION OF ATASCADERO BEACH SUBDIVISION AND STATE HIGHWAY RIGHT OF WAY V- SLO -56 -D, IN THE CITY OF MORRO BAY, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO THE MAP RECORDED JULY 2 1917 IN BOOK 2 PAGE 15 OF MAPS, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1 IN BLOCK 3B OF SAID ATASCADERO BEACH, BEING A POINT ON THE CENTERLINE OF TORRO DRIVE; THENCE NORTH 32° 47' WEST ALONG SAID CENTERLINE 99.92 FEET TO THE WESTERLY CORNER OF THE PROPERTY CONVEYED TO GRACE BARNEBERG BY DEED DATED FEBRUARY 3, 1922 AND RECORDED FEBRUARY 15, 1922 IN BOOK 133, PAGE 377 OF DEEDS, AND THE TRUE POINT OF BEGINNING; THENCE ALONG THE NORTHWESTERLY AND NORTHEASTERLY LINES OF THE PROPERTY SO CONVEYED NORTH 40° 16' EAST, 86.96 FEET AND SOUTH 49° 44' EAST, 104.66 FEET TO THE CENTERLINE OF SAID TORRO DRIVE; THENCE NORTH 44° 44' EAST ALONG SAID CENTERLINE, 52.88 FEET TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF CALIFORNIA STATE HIGHWAY NO. 1 (THE FOLLOWING TWO COURSES BEING ON THE CALIFORNIA COORDINATE SYSTEM ZONE 5); THENCE NORTH 34° 58' 32" WEST 6.17 FEET, THENCE NORTH 37° 07' 29" WEST, 420.04 FEET ALONG SAID SOUTHEASTERLY LINE TO AN ANGLE POINT THEREIN; THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE NORTH 39° 08' 07" WEST 173.79 FEET; THENCE LEAVING SAID STATE HIGHWAY RIGHT OF WAY LINE, SOUTH 45° 02' 11" EAST, 177.37 FEET MORE OR LESS TO INTERSECT THE NORTHWESTERLY PROLONGATION OF THE CENTERLINE OF TORRO DRIVE; THENCE SOUTH 53° 14' EAST ALONG SAID PROLONGATION A DISTANCE OF 81.96 FEET TO THE WESTERLY CORNER OF LOT 2 IN SAID BLOCK 3B AND CENTERLINE OF TORRO DRIVE; THENCE ALONG SAID CENTERLINE SOUTH 53° 14' EAST, 154.00 FEET AND SOUTH 32° 47' EAST, 273.09 FEET TO THE TRUE POINT OF BEGINNING. THE GROSS AREA (INCLUDING TORRO DRIVE) OF THE ABOVE DESCRIBED PARCEL CONTAINS 1.79 ACRES. rev. 2 -21 -91 • ilk"- Y 9/ - PaAritne latc-pioice- v_ _err - • ORDINANCE NO. 391 AN ORDINANCE AMENDING MORRO BAY MUNICIPAL CODE, CHAPTER 3.08, PURCHASE AND SALE OF SUPPLIES AND EQUIPMENT THE CITY COUNCIL City of Morro Bay, California The City Council of the City of Morro Bay does ordain as follows: That section 3.08.100 (E) is hereby amended as set forth below: 3.08.100 (E) Award of Contracts Except as otherwise provided herein, contracts shall be awarded to the lowest responsible bidder. Purchasing preferences may be provided in the following areas. 1. Recycled Goods. Fitness and quality being equal, the purchasing agent shall purchase recycled goods, paper, and paper products. The purchasing agent may give preference to the suppliers of recycled goods, paper, or paper products if the bids of these suppliers do not exceed by more than ten percent the lowest bid or price quoted by suppliers offering unrecycled goods, paper, or paper products. For the purpose of this article: (a) "Recycled product" means all materials, goods, and supplies, no less than 50 percent of the total weight of which consists of secondary and post consumer waste with not less than 10 percent of its total weight consisting of postconsumer waste. A recycled product shall include any product which could have been disposed of as solid waste having completed its life cycle as a consumer item, but otherwise is refurbished for reuse without substantial alteration of its form. (b) "Postconsumer waste" means a finished material which would have been disposed of as a solid waste, having completed its life cycle as a consumer item, and does not include manufacturing wastes. (c) "Secondary waste" means fragments of finished products or finished products of manufacturing process, which has converted a resource into a commodity of real economic value, and includes postconsumer waste but does not include excess virgin resources of the manufacturing process. 2. Local Vendors Fitness and quality being equal, the purchasing agent shall purchase supplies and equipment locally. The purchasing agent may give preference to the local vendors if the bids of these vendors do not exceed by more than five percent the lowest bid or price quoted by other vendors. • To qualify as a local vendor the business must meet both of the following requirements. (a). The business must have a current business license with the City, and (b). The business must report and pay sales tax to the State of California, that identifies the point of sale for taxable transactions as a location within the city limits. This provides for allocation of sales tax monies to the City pursuant to California Revenue and Taxation Code section 72 et seq. Introduced at a regular meeting of the City Council of Morro Bay, held the 28th day of January 1991, by motion of Councilmember Baker , and seconded by Councilmember Mullen PASSED AND ADOPTED BY THE City Council of the City of Morro Bay at a regular meeting thereof held the llth day of February, 1991 by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: ITH DAVIS, City Clerk APPROVED AS TO FORM AND EFFECT: JUD SKOUS N, City Attorney ROSE RIE SHb' TZ, • c�1� 340 - 5;t.ee& - )et. iefreee>„o • ORDINANCE NO. 390 INITIATIVE PETITION TO ENACT CITY ORDINANCE TO REFORM WATER ALLOCATION POLICIES THE PEOPLE OF THE CITY OF MORRO BAY DO ORDAIN AS FOLLOWS: Section 1. The City shall not allocate water to new use on the basis of: (a) any project performed by the City or on City managed property. (b) any water savings that was not derived from, or accomplished by, a specific, City approved and contracted project. (c) any project, or part thereof, that has previously earned water savings credit for allocation. Thus, a toilet facil- ity, whose retrofit had earned allotment credit, shall not become a factor in a subsequent retrofit credit by another fixture replacement. (d) past, present or future replacement of the City water pipes. (e) an excess of fifty percent (50 %) of that water saved from any project. No more than one half of the savings from a project shall be so allocated. (f) an increase in the amount originally contracted for alloca- tion from a project. (g) mandated projects, measures or procedures, including compul- sory retrofitting of private property and forced rationing of water use. The word 'project', as used in this Section 1, shall denote any measure, act, process or procedure by which the consumption of potable City water may be assumed or expected to decrease and thereby legally permit the allocation of City water to new use. Any water allotment to non profit public facilities which are supported by public funds shall be exempt from Section la, b and c. Section 2. If any provision of this ordinance is adjudged invalid by a court of competent jurisdiction, such provision shall be deemed sep- arate, distinct and severable and such adjudication shall not affect the remaining provisions of the ordinance. Section 3. This ordinance shall supersede all other ordinances, land use policies, guidelines and operating procedures in conflict therewith. CERTIFICATION I Ardith Davis, City Clerk of the City of Morro Bay, do hereby certify that the foregoing is a true and correct copy of an ordinance adopted by a majority vote of the electors voting in a general municipal election held in the City of Morro Bay on the 6th day of November, 1990. Dated: January 14, 1991 ARDITH DAVIS, City Clerk City of Morro Bay, California ad. 3 Fy- qua ti - 1049vo it, Sr � • ORDINANCE NO. 389 (Measure H) 0 INITIATIVE MEASURE TO REZONE A PORTION OF WILLIAMS BROTHERS PROPERTY TO REDUCE THE ACREAGE ALLOWED FOR COMMERCIAL AND TO PROHIBIT VISITOR SERVING COMMERCIAL THE PEOPLE OF THE CITY OF MORRO BAY DO ORDAIN: SECTION 1: Morro Bay General Plan policy LU -48, Section 2 shall be repealed. SECTION 2: Morro Bay General Plan policy LU -49 shall be amended to read as follows: 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 thirteen (13) gross acres generally located adjacent to Highway 1 and Morro Bay Boulevard. The citing of such use shall be in accordance with a precise development plan consistent with the General Plan Land Use Element and relevant Coastal Act Chapter 3 policies. Nothing contained herein shall be construed to permit any residential development on the Williams property. SECTION 3: Upon adoption, this ordinance shall be immediately submitted to the California Coastal Commission for certification as an amendment to the General Plan for the City of Morro Bay. SECTION 4: If any provision of this ordinance is adjudged invalid by a court of competent jurisdiction, such provision shall be deemed separate, distinct and severable and such adjudication shall not affect the remaining provisions of the ordinance. SECTION 5: This ordinance shall supersede all other ordinance and General Plan Policies in conflict therewith. CERTIFICATION I Ardith Davis, City Clerk of the City of Morro Bay, do hereby certify that the foregoing is a true and correct copy of an ordinance adopted by a majority vote of the electors voting in a general municipal election held in the City of Morro Bay on the 6th day of November, 1990. Dated: January 14, 1991 ARDITH DAVIS, ity Clerk City of Morro Bay, California • • thd - 3 g g PaA &nw • • ORDINANCE NO. 388 AN ORDINANCE OF THE CITY OF MORRO BAY AMENDING SECTIONS 2.24.030, 2.24.040 AND 2.24.050 OF THE MORRO BAY MUNICIPAL CODE REVISING THE COMPOSITION AND TERMS OF OFFICE FOR THE RECREATION AND PARKS COMMISSION T H E C I T Y C O U N C I L City of Morro Bay The City Council of the City of Morro Bay does hereby ordain as follows: SECTION 1. That Section 2.24.030 of the Morro Bay Municipal Code be amended to read as follows: 2.24.030 Special Groups Represented by Commissioners. 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 (2) year terms expiring December 31, 1992, and every two years thereafter. SECTION 2. That Section 2.24.040 of the Morro Bay Municipal Code be amended to read as follows: 2.24.040 Terms of Office and Vacancies of Commission. Members of the commission, other than special group commissioners, shall serve for a period of four years. The terms of two members shall expire on December 31, 1991, and every four years thereafter; the term of one Commissioner shall expire December 31, 1992, and every four years thereafter; and the terms of the two other members shall expire on December 31, 1993, and every four years thereafter. Vacancies in the commission occurring otherwise than by expiration of term shall be filled in a manner hereinafter set forth for appointments. All members shall serve at the pleasure of the city council. SECTION 3. That Section 2.24.050 of the Morro Bay Municipal Code be amended to read as follows: 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. INTRODUCED at a regular meeting of the City Council of Morro Bay held the 14th day of January, 1991, by motion of Councilmember Mullen and seconded by :Mayor Sheetz ORDINANCE NO. 388 PAGE 2 • • PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 28th day of January, 1991 by the following roll call vote: AYES: Baker, Luna, Mullen, Sheetz NOES: Wuriu ABSENT: None ATTEST: AR'ITH DAVIS, CITY CLERK APPROVED AS TO FORM AND LEGAL EFFECT: JUDIX SKOUSgN, 'CITY ATTORNEY f /w /cbmmissn /ord388 ad. 51? - a • • • • ORDINANCE NO. 387 AN ORDINANCE OF THE CITY OF MORRO BAY,CALIFORNIA REPEALING EXISTING PROVISIONS OF THE CITY CODE RELATING TO ANIMALS AND REPLACING THE REPEALED SECTIONS The City Council of the City of Morro Bay, California, does ordain as follows: Section 1. Title 7, Chapters 7.04, 7.08, and 7.12 of the Codified Ordinances of the City of Morro Bay are hereby repealed and replaced with a new Title 7, Chapters 7.04, 7.08, and 7.12 as follows: ANIMALS GENERAL PROVISIONS Section 7.04.010. Establishment of a Public Pound. A public pound is authorized and established, and the same, and any branches thereof, shall be located and established at such place in San Luis Obispo County as shall be fixed from time to time by the Board of Supervisors. The public pound, or any autho- rized branches thereof, shall provide suitable buildings and enclosures to adequately keep and safely hold all dogs, cats or household pets subject to be impounded by the provisions of this title. Section 7.04.020. Animal Control Officer — Duties. There shall be a Chief Animal Control Officer responsible for the administration of the animal control department. The administration of the Department of Animal Regulation shall function as a subagency or division of the Health Agency. It shall be the duty of the Chief Animal Control Officer and his duly authorized deputies and employees to carry out the provisions of this title, and all applicable statutes of the state and to be in charge of the public pound hereby authorized and established. Section 7.04.030. Animal Control Officer—Citation Authority — Authority to Carry Weapons. (a) The Chief Animal Control Officer and his duly authorized deputies shall have the power to issue citations pursuant to Section 7.04.020 of this code. (b) Animal control officers, when acting in the course and scope of their duties, shall be authorized to carry on their person or in offical vehicles loaded firearms or weapons of the type approved by the Chief Animal Control Officer. Each officer shall qualify under California Penal Code Section 832 in the use of firearms. Section 7.04.040. Badges. The Chief Animal Control Officer and his duly authorized and appointed deputies, while engaged in the execution of their duties, shall each wear in plain view a badge having, in the case of the Chief Animal Control Officer, the words "Chief Animal Control Officer ", in the case of the lead animal control officers, the words "Sergeant — Animal Control Officer" and in the case of the deputy animal control officers, the words "Deputy Animal Control Officer" engraved thereon. Any person who has not been appointed as provided hereinabove, or whose appointment has been revoked, who shall represent himself to be or shall attempt to act as an animal control officer shall be guilty of a misdemeanor. Section 7.04.050. Record of Department. The Department shall keep a record of the number, description and disposition of all dogs, cats and household pets impounded, showing in detail in the case of each, the date of receipt, the date and manner of disposal, the name of the person reclaiming, redeeming or receiving such dogs, cats or household pets, the reason for destruction and such additional records as the City Council may from time to time feel necessary. Section 7.04.060. Department— Reports. The Chief Animal Control Officer shall make a monthly report to the Chief of Police, of the actions, transactions and operations of the public pound. Section 7.04.065. Fees. (a) Whenever fees are to be charged by the Department of Animal Regulation these fees shall be set annually by Resolution of the City Council. (b) Whenever a penalty fee is to be assessed, it shall be double the regular established fee. Section 7.04.070. Unnecessary Noise. It is unlawful for any person to keep, maintain, or permit on any lot or parcel of land, any dogs, cats, poultry, fowl or household pets, which by any sound or cry shall disturb the peace and comfort of any neighborhood. Section 7.04.080. Abatement of Noise or Nuisance. Whenever it shall be affirmed in writing by three ormore persons living in separate dwelling units in the neighborhood that any dog, cat, animal, poultry, fowl, or household pet is an habitual nuisance by reason of frequent, persistent, or long continued howling, barking, or other noise, or is in any other manner causing undue annoyance, by reason of chronic leash law violations or unsanitary conditions, that shall constitute a public nuisance, the Department, if it finds such public nuisance to exist, shall • • serve written notice upon the owner or custodian that the public nuisance shall be abated or the animal shall be impounded in a legal manner. If the nuisance and annoyance is not successfully abated. as affirmed in writing by the original petitioner(s), Department shall present the results of the investigation of such nuisance to the officer responsible for prosecution within the jurisdiction wherein such nuisuance is being maintained. Section 7.04.090. Owner's Responsibility to Dispose of Dead Dogs, Cats and Household Pets. It is unlawful for any owner or person who, having had the possession or control of any dog, cat or household pet that has died to place the body of any dog, cat or household pet, after its death, or cause to permit it to be placed or to knowingly allow or permit it to remain, in or upon any public road, highway, street, alley, square, park, school ground or other public place, or in or upon any lot, premises. or property of another. Section 7.04.100. Disposition of Dead Dogs, Cats and Household Pets Upon Request. It shall be the duty of the Department upon the request of any owner of any dead dog, cat or household pet which was kept or maintained in the county immediately prior to its death, or upon the request of any person or persons discovering a dead dog, cat or household pet upon his premises or upon any public road, highway, street, alley, square, park, school ground or other public place, or in or upon any lot or premises, to forthwith bury or dispose of the animal in such manner as may be prescribed by law. The Department may charge and collect fees for the transportation and disposal of the dog, cat or household pet from the owner or person having had possession or control of the animal if same can be ascertained. Section 7.04.110. Definitions. (a) "Altered" for a female means having had the ovaries and uterus surgically removed; an ovariohysterectimy. "Altered" for a male means having had the testicles surgically removed. (b) "Animal" shall include but not be limited to birds, fishes, reptiles, and non -human mammals. (c) "Animal Shelter" means a premises selected by the Director of Animal Control as a suitable facility for the requirements of this title. (d) "Animal Use Operation" means any commercial, non commercial or hobby breeder operation as further described in this title. (e) "At Large" means being on any private property without permission of the person who owns or has a right to possess or use the property; or unrestrained by a leash on either public property unless expressly permitted by law, or private property open to the public; or in any place or manner which presents substantial risk of imminent interference with animal or public health, safety or welfare. • • (f) "Business Day" means any day that the Department is open to the public as determined by the governing board. (g) "Cat" means a Felis Cats of either sex, altered or unaltered. (h) "Commercial Animal Operation" means any lot. building, structure. enclosure or premises whereon or wherein, animals are kept or maintained for any commercial purpose. such as breeding, selling, advertising for sale, boarding. or rental of animals, provided that if more than one species of animal is kept for sale. barter or trade. the classification shall be that of a pet shop; and provided further, this definition of commercial animal operation shall not be construed as applying to a duly licensed veterinary hospital or any public pound. The operation must be consistent with current zoning. (i) "County" means the County of San Luis Obispo. (j) "Department" means the Department of Animal Regulation, the Chief Animal Control Officer and/or his or her authorized representative(s). (k) "Dog" means a Canis familiaris of either sex, altered or unaltered; or any other member of the Canis genus if owned, kept or harbored (1) "Dog License" means a properly completed certification issued by the County, including the dog owners's name. address, and telephone; the dog's name and description. including breed, color, sex, year of birth; rabies vaccination date. rabies expiration date; license tag number and expiration date. (m) "Health Officer" means the San Luis Obispo County Health Officer or his appointed agents or deputies. (o) "Hobby Breeder Operation" means any lot building, structure, enclosure, or premises whereon or wherein a person is offering for sale, barter or trade household pets in a manner that is acessory to residential use. A person is considered to be operating a hobby breeder operation when: 1. When offspring from any female is being offered for sale in an amount in excess of $50.00 per animal. and 2. The owner is offering more than one litter for sale, barter or trade in a calendar year. and/or number 1. and 3. The owner is offering for sale, barter or trade more than one household pet of a species that bear single offspring for sale in one calendar year. In the case of dogs, each dog shall be individually licensed as provided in Section 7.08.160. (p) "Household Pets" means but is not limited to, cats, dogs. canaries. parrots, fish, hamsters, rabbits. turtles, lizards. snakes. and other kindred animals usually and ordinarily kept as household pets. (q) "Leash" means any rope. leather strap, chain, or other material, being held in the hand of a person capable of controlling and actually controlling the animal to which it is attached. (r) "License Tag" means a piece of metal or other durable material inscribed with a number which has been issued by the County as the licensing agency. • • (s) "Livestock" means horses, ponies, mules, donkeys, cattle, sheep. goats. swine and all other domestic or domesticated animals other than household pets. (t) "Non Commercial Animal Operation" means any lot, building, structure, enclosure. or premises whereon or wherein four or more dogs or cats are kept for noncommercial use, including, but not limited to, hunting or herding livestock. (u) "Owner" means any person who is legal owner. keeper. harborer, possessor or the actual custodian of an animal. Ownership is also established by a person registering as the owner of a license or other legal document or by a person claiming ownership and taking possession of an animal. (v) "Pet Shop" means any lot, building, structure, enclosure or premises whereon or wherein is carried on the business of buying, and selling or bartering household pets. This definition shall not be construed as applying to the business or activities of any public pound. The operation must be consistent with current zoning. Section 7.04.120. Animal Use Operation, Pet Shop, Regulations. It is unlawful for any person. firm, corporation, or association to erect, establish or maintain any animal use operation, commercial, non commercial, hobby breeder or pet shop. as defined in this title, without first obtaining the appropriate permit from the Department. The granting of such permit shall be in the discretion of the Department who shall take into consideration the type of construction to be employed as it relates to sanitation and the manner in which the animals. birds, or livestock are to be housed, as well as such zoning regulations concerning the operations of commerical, non commercial, hobby breeder or pet shops as may be adopted by the City Council from time to time. The permit will be for a calendar year, wiht a permit fee due and payable on January 1st. of each year. Section 7.04.125. Requirement of Business License. It is unlawful for any person, firm, corporation, or association to erect, establish or maintain any commercial animal use facility or pet shop, without first obtaining a license from the City. After approval by the Department of the permit that is required by this chapter, the City. upon payment of the required annual license fee for the privilege of maintaining such facilities or pet shops, shall issue to the applicant a license in such form as he may prescribe. Such annual license shall be for the calendar year or anypart thereof during which the commercial animal use operation or pet shop shall be maintained, and shall be due and payable in advance on January 1st. of each year, and shall expire December 31st of such year, provided the above — mentioned permit has not been revoked. Every person. firm, or corporation maintaining a commercial animal use operation or pet shop shall post a notice in a conspicuous place where it may be seen outside the locked premises, listing names, addresses and telephone numbers of persons who may be contacted in the case of any emergency. i 4 Section 7.04.130. Animal Use Operation and Pet Shop Permits Refusal, Suspension or Revocation Thereof. (a) The permit for the maintenance and operation of an animal use facility, commercial. noncommercial, hobby breeder, or pet shop shall be refused by the Department upon a determination that a violation exists of the provisions of any health law of the State of California, or any of the applicable provisions of this title. (b) A permit may be immediately suspended by the Department for violation of any provision of this title when, in his opinion, the danger to public health or safety, or when necessary to assure humane care and treatment of the animals under permit, is so imminent, immediate and threatening as not to admit of delay. In the event of such suspension, the holder shall be given an opportunity for an office hearing before an impartial hearing officer from outside the Department, within forty —eight hours of the time of suspension. Upon conclusion of the office hearing, the hearing officer may decide to: 1. Dismiss the charges and reinstate the permit; or 2. Reinstate the permit conditioned upon correction of the violation; or 3.Revoke the permit. (c) If, in the opinion of the Department, the danger to public health is not so imminent, immediate and threateningas to admit of delay, the Department shall send a notice of violation to the permittee and seek to achieve compliance informally by means of a correction schedule and reasonable inspections. If, as a result of subsequent inspection, it is determined that the permittee has failed to comply with the schedule and correct the noticed deficiencies, the Department shall send a notice to the permittee advising the permittee of the remaining deficiencies and the convening of an office hearing before an impartial hearing officer from outside the Department, to determine whether or not the permit should be revoked. Upon conclusion of the office hearing, the hearing officer may decide to: 1. Dismiss the charges; or 2. Establish a correction schedule; or 3. Revoke the permit. (d) All office heariityb referred to herein shall be conducted in accordance with procedures adopted by the Department. The applicant or permittee may call and examine witnesses. introduce exhibits, question officials and opposing witnesses on any matter relevant to the issues, and may rebut evidence against him. The hearing shall not be conducted according to technical rules relating to procedure, evidence or witnesses. The Department shall insure that an informal record of the proceedings is maintained. • • (e) Whenever the issuance of a permit is refused, or a permit is revoked and the required office hearing has been held, the applicant or permittee may appeal the action to the City Council, within ten days. The clerk shall set the matter for hearing at the earliest possible date and shall give reasonable notice of the time and place thereof to the applicant or permittee and to the Department. The City Council, or their designee, shall hear the evidence offered by the applicant or permittee and the Department, and shall forthwith decide the issue. The decision of the City Council, or their designee, shall be final. Section 7,04,1$40, Interference With Performance of Duties. It is unlawful for any person to hinder or obstruct the Chief Animal Control Officer or any of his deputies or emplOyeee In the exercise of their duties. Any person who violates this section is guilty of an misdemeanor. Section 7.04.145. Violation of Order. Any person who after notice, violates, or who upon the demand of any animal control officer or deputy, refuses or neglects to conform to any rule, order, or regulation prescribed by the animal regulation department, is guilty of an infraction. Section 7.04.150. Limitations. It is unlawful for any person or persons, to own, harbor or maintain, at any single - family dwelling, more than three dogs, four months of age or older, without obtaining the appropriate permit. Section 7.04.160. Violation. Except as otherwise provided, violation of the provisions of this title is an infraction. DOGS Section 7.08.010. Stray Dogs Defined. A "stray dog" is any dog licensed or unlicensed. which is in or on any public road, highway, street, alley, square, park, school ground or other public place. or in or upon any lot. premises or property of another when not accompanied in the near vicinity by the person owning, having interest in harboring, or having charge, care, control, custody or possession of such dog. Any stray dog shall be immediately seized and impounded by the Department. Section 7.08.020. Leash Law. It is unlawful for any person to suffer or permit any dog owned, harbored, or controlled by him to be on any public street, alley, lane, park or place of whatever nature open to and used by the public in the City unless such dog is securely leashed and the leash is held continuously in the hand of a responsible person capable of controlling such dog, or unless the dog is securely confined in a vehicle, or unless the dog is at "heel" beside a competent person and obedient to that person's command. Dogs or other animals in public parks shall be securely leashed unless an exception exists as described in Section 7.08.310. Dogs used on farms and ranches for the primary purpose of herdinglivestock are not required to be leashed or at "heel" beside their owner or person controlling the use of these dogs while on a public street, alley, lane, or place of whatever nature open to and used by the public in the unincorporated area of the county while herding such livestock and as long as these dogs are obedient to the commands of the person controlling their use for this purpose. Dogs used for the primary purpose of hunting are not required to be leashed or at "heel" while used in hunting as long as these dogs are obedient to the commands of the person controlling their use for this purpose. Section 7.08.030. Duty of Department to Patrol and Enforce Regulations. It shall be the duty of the Department to patrol the incorporated area of the city from time to time and without notice to the public for the purpose of enforcing the provisions of this title. Section 7.08.040. Duty of Department to Seize and Impound Stray Dogs. It shall be the duty of the Department to seize and impound, in a lawful manner, and subject to the provisions of this chapter, all stray or unlicensed dogs found within the incorporated area of the city. Section 7.08.050. Dogs Running at Large. Any dog found trespassing on any private property in the city may be taken up by the owner or possessor of the property and delivered to the Department or detained on the property until picked up by the Department. Section 7.08.060. Delivery to Department by Private Persons. Every person taking up any dog under the provisions of this chapter and every person finding any lost, strayed or stolen dog shall, within twenty —four hours thereafter, give notice thereof to the Department and every such person in whose custody such dog may, in the meantime, be placed shall surrender such animal to the Department without fee or charge and the Department shall thereupon hold and dispose of such dog in the same manner as though such dog had been found running at large and impounded by the Department. i Section 7.08.070. Notice of Impounding Dogs. As soon as possible, but not later than twenty -four hours after impounding any dog currently licensed under the provisions of this chapter, the Department shall notify the registered owner or person having control of the dog by written or oral communication that such dog is impounded and that it must be redeemed within three business days from the date of such communication, and unless redeemed the dog will be disposed of in any manner as provided by this chapter. Section 7.08.080. Redemption of Impounded Dogs. The Department shall securely keep any dog impounded for a period of three days unless the dog be sooner reclaimed or redeemed by the owner or person having control thereof. Except as may be provided in Section 7.04.110, the owner or person entitled to the custody of the dog so impounded may, at any time before the sale or other disposition thereof, during the office hours of the pound, reclaim or redeem the dog by exhibiting to the Department the license certificate or license tag showing that the license for the dog for the then current year has been paid and by paying the Department any charges. No fees whatsoever shall be charged or collected for or on account of any dog which has been unlawfully taken up or impounded. If the owner or person entitled to the custody of the dog believes that the dog has been unlawfully taken up or impounded, that owner or person may, within the seventy -two hour redemption period, request that an impartial hearing by a hearing officer from an outside Department be conducted to determine the sole issue of whether the dog was lawfully seized and impounded. If a dog has been unlawfully taken up or impounded, it shall be returned to its owner or the person entitled to the custody thereof. Section 7.08.090. Redemption Fees. The owner or person entitled to the custody of a dog impounded shall pay impound fees to the Department before such dog is released the following: (a) Registration or license fee for the current year unless such fee has been previously paid and evidence of paid fee is adequately exhibited; and (b) Impound fees for first, second, third and subsequent impounds in a one year period from the date of the first impound. Section 7.08.100. Sale, Gift or Destruction of Dogs. At any time after the expiration of the period of three days, the Department may, without further notice, and without advertising in any manner, sell, give away or dispose of in an humane way, any dog not reclaimed or redeemed as aforesaid. Provided, however, the Department may not sell, give away or transfer title to any dog or any other animal to any institution engaged in the diagnosis or treatment of human or animal disease, or in research 6 for the advancement of veterinarian, dental, medical, or biologic sciences, or in the testing or diagnosis, improvement or standardization of laboratory specimens, biologic products, pharmaceuticals, or drugs. The Department may not sell or give away any female dog that has not been spayed, or any male dog that has not been neutered, unless a deposit toward the cost of spaying or neutering such dog, as determined and promulgated by the Department, has been deposited. Deposit is refundable through normal County Refund Procedures, upon proof of sterility. Section 7.08.105. Veterinarian Determination for Injured Dogs and Cats. All injured dogs and cats found without their owners in a public place shall be taken to a veterinarian known by the Department to be a veterinarian that ordinarily treats dogs and cats for a determination of whether the animal shall be immediately and humanely destroyed or shall be hospitalized and given emergency stablizing treatment. Section 7.08.110. Injured and Diseased Dogs and Cats. Every dog or cat taken into custody by the Department which by reason of injury, disease or other good cause as determined by a licensed veterinarian as dangerous or inhumane to keep impounded, shall be forthwith destroyed by the Department in an humane manner unless the owner or person entitled to the custody of the dog or cat can be notified by the Department within a reasonable period of time to arrange and provide for medical care. The Department shall release such dog or cat to its owner or person having control thereof upon payment of the redemption fees and other charges as provided in this title. However, if the licensed veterinarian determines that the dog or cat is diseased and by reason of such disease is dangerous to persons or to other animals, or to the general health and welfare of the county, the Department shall destroy the dog or cat. Injured or diseased animals may be humanely destroyed without regard to the prescribed holding time in order to alleviate suffering or to protect other impounded animals from exposure to a contagious disease. Section 7.08.120. Care of Animals While Impounded. The Department shall provide all animals in its custody with proper food and water, and shall give them all necessary care and attention. The Department shall charge a fee at the time an impounded animal is redeemed by its owner or person having custody or may charge these fees at such time an unclaimed animal is sold. Section 7.08.130. Biting Dogs. It is a misdemeanor for any person to suffer, or permit any dog or other animal owned. harbored or controlled by him, to inflict upon any human being a bite that penetrates the skin while the person bitten is on any public place, or legally upon any private property. The person bitten may request the animal control officer to initiate criminal proceedings against such other person by submitting a signed, written complaint. • • Section 7.08.140. Impounding of Biting Dogs. Upon written notice by the Department, the owner or person having the control of any dog which has, within the preceding ten days, bitten any person or animal shall, upon demand, and in the discretion of the Department, shall do one of the following: (a) Confine the dog to his own premises; or (b) Surrender the dog to the Department which shall impound and keep the dog at the public pound in a separate enclosure for a period of not less than ten days; or (c) Surrender the dog to a licensed veterinarian as designated by the Department; or (d) Surrender the dog to the Department for quarantine at any other location or facility designated and approved by the Department. If the dog is quarantined on the premises of the owner. the Department may post a quarantine sign on such premises, and it is unlawful for any person to remove the sign during the term of such quarantine without the consent of the Department. Any quarantine provided in this section shall be for a term of not less than ten days unless otherwise specified by the Department. During the period, it shall be the duty of the Department to determine whether or not such animal is suffering from any disease. If a duly licensed veterinarian designated by the Department shall determine that the animal is diseased and, by reason of such disease, is dangerous to persons or to other animals, he shall so notify the Department in writing to destroy the animal. A copy of the notice may also be served upon the owner or person having control of the animal. If the veterinarian shall determine that the dog is not so diseased, the Department shall notify the person owning or having control of the animal at the address from which the animal was surrendered to the Department and shall, upon demand, release the animal to the owner or person lawfully entitled thereto, upon payment of any charges provided therefor, including expenses of quarantine and veterinary care; provided, however, that if no person lawfully entitled to such animal shall within three days after the date of giving the last mentioned notice, appear at the public pound and request the release of the dog, and pay the charges, the animal may be sold or destroyed by the Department in the same manner hereinbefore provided. Whenever a dog is ordered to be quarantined on the premises of the owner, an administrative fee to cover the expense of monitoring the quarantine will be charged. Section 7.08.145. Violation of Quarantine. It is unlawful for any person to suffer or permit any dog, cat, animal or household pet owned, harbored or controlled by him to violate any written quarantine notice. Any person who violates such written notice shall be guilty of a misdemeanor. • Section 7.08.150. Symptoms of Rabies. Whenever the owner or person having the custody or possession of an animal shall observe or learn that such animal shows symptoms of rabies, or acts in a manner which would lead to a reasonable suspicion that it may have rabies, the owner or person having the custody or possession of such animal shall immediately notify the Department. The Department shall make or cause an inspection or examination of such animal to be made by a licensed veterinarian until the existence or nonexistence of rabies in such animal is established by the veterinarian. Such animal shall be kept isolated in a pound, veterinary hospital, or other adequate facility in a manner approved by the Department and shall not be killed or released for at least ten days after the onset of symptoms suggestive of rabies, after which time the dog or other animal may be released by the Department, provided the Department has first determined that the animal does not have rabies. If the Department determines that the dog or other animal does have rabies, the Department shall destroy the animal. The Chief Animal Control Officer, or his duly authorized representative, is authorized and empowered to enter in a manner authorized by law, upon private property where any dog or other animal is kept. or believed by him to be kept, for the purpose of ascertaining whether the dog or other animal is afflicted or infected with rabies or other contagious disease. Section 7.08.160. Dog Registration and Licenses. bccept as provided in Section 7.08.250 it is unlawful to own, keep or control any dog unless and except a license has been procured therefor as herein provided. This section shall have no application to dogs under the age of four months. Section 7.08.170. Dogs — Vaccination Required. It is unlawful for any person owning, harboring, or having the care, custody or possession of any dog to keep or maintain such dog in any place in the city, or except as provided in Section 7.08.180, unless such dog has been vaccinated as provided herein. This section shall have no application to dogs under the age of four months. Section 7.08.180. No Licensing Without Vaccination. The Department shall not license any dog until it has been vaccinated with canine rabies vaccine by injection or other method approved by the Department during the time prescribed by state law or the rules and regulations of the State Department of Public Health, unless the owner or person in possession of the same submits a certificate from a licensed veterinarian issued within the preceding sixty days, stating that, in his opinion, the rabies vaccination would be likely to seriously injure the dog. Any dog so excepted from rabies vaccination shall be restricted to the enclosed yard of the owner or person in possession of the same except when held by rope, chain or leash. Any violation thereof by the owner or person in possession of such dog is unlawful. • 1 Section 7.08.190. Vaccination Performance. The vaccination shall be performed by a duly qualified and licensed veterinarian. The veterinarian vaccinating the dog shall issue to the owner or person in possession of the dog a certificate of vaccination, which certificate shall include: (a) The type of vaccine used; (b) The date of vaccination; (c) The duration of vaccination; (d) Description of dog, including age, breed, sex and color; (e) Name and address of the owner of dog; and (f) A copy of this certificate shall be sent to the Department within 30 days of said vaccination. Section 7.08.195. Rabies Deposit Fee Required. Any person procuring a dog license without a valid rabies vaccination for reason of redeeming an impounded animal or clearing a citation will pay a rabies deposit fee. Deposit is refundable upon proof of current vaccination certificate, through normal County Refund Procedures. Proof of rabies vaccination shall be made to the Department within thirty days or the license will be void. Section 7.08.200. Registration Record. The Department shall maintain a record in which it shall, upon the application of any person owning or having the custcdy of any dog in the city, and the payment to it of the license fee hereby prescribed, register the dog by entering in the record its name (if any), its sex and general description, whether it has been spayed or neutered, the name of its owner or custodian, the number of the tag issued therefor, the date of expiration of the rabies vaccine, the date of issuance and the amount received for the license fee. Section 7.08.210. Dog License Tags. Upon exhibition of the proper evidence of vaccination and payment of the license fee, there shall be delivered to the person making such payment a metal tag with the number and one, two or three years stamped or cut thereon, and the words "DOG LICENSE TAG — County of San Luis Obispo," stamped thereon, which dog tag shall be securely fastened to a collar or harness which must be worn at all times by the dog for which the tag was issued. If the dog is exempted from vaccination, Section 7.08.180, the dog tag shall have a distinguishing mark as evidence of such fact. Section 7.08.220. Licensing of Dogs. Each license issued shall be effective for a period of one year, two years, or three years at the option of the owner, but contingent upon payment of all required fees, charges, and penalties required by this chapter and compliance with all conditions required for the issuance of a license. 4 (a) A license will be valid from the date of issue and shall expire one year, two years, or three years from the date of issue, except when the performance of the rabies vaccination expires prior to that date. In such cases, the license will expire on the same date as the rabies vaccination. (b) License renewals shall be required prior to the expiration date of the license. (c) If renewal is not required, dog owners shall advise the Department, in writing, of the reason therefore. Section 7.08.230. License Fees. The Department shall collect a fee for dog licensing. (a) The owner or custodian of an unaltered dog may place a deposit for spaying or neutering with the Department for a one year license. This deposit shall be forfeited if said operation is not performed by the expiration date of the license. (b) A late penalty of twice the pre - penalty one year license fee shall be charged if: 1. A license is not renewed prior to the expiration date; 2. Puppies are not licensed within thirty days after reaching four months of age; 3. Any dog brought into this county is not licensed within thirty days; 4. A person acquiring possession of a dog over four months of age does not license it within thirty days of taking possession. (c) Persons obtaining possession of any dog currently licensed by San Luis Obispo County shall upon payment of a transfer fee have ownership of said dog changed. Section 7.08.240 . Lost or Damaged Tag. If the tag issued for any duly registered dog be lost or accidently destroyed during the period it is issued for, the owner or custodian of such dog, upon making proof to the Department of its loss or destruction, shall, upon payment of established fee receive for such dog a duplicate tag. Section 7.08.250. License Exceptions. The provisions of this chapter requiring the licensing of dogs shall not apply to: (a) Dogs under four months of age. (b) Dogs owned by or in the custody or control of person who are non residents of San Luis Obispo county traveling through the county, or temporarily staying therein for a period not exceeding thirty days; (c) Dogs brought into the city exclusively for the purpose of entering the dogs in any dog show or exhibition, and which are actually entered in and kept at such show or exhibition; (d) 'Dogs on sale in duly licensed pet shops, or commercial animal operations; b (e) Dogs under the ownership, custody, or control of the owner of a commercial animal operation duly licensed under the provision of this title, or his duly authorized employee or agent when such dogs are removed from such operation in the bona fide operation thereof for the purpose of exercise or training, provided that any such dog bear an identification tag attached to its collar, which tag shall set forth the name of the licensed operation. A dog bearing such identification shall be treated in all respects as any other dog in the event of its escape and subsequent impoundment. Section 7.08.260. License Fee 13cemptions. (a) Seeing Eye dogs and all dogs which have served with the armed forces of the United States of America during any period of actual hostilities must be licensed or vaccinated under the provisions of this chapter but their owner shall be exempt from the license fee therein imposed, providing adequate evidence can be furnished at such time the license is issued; (b) Dogs used by any governmental agency for the purpose of law enforcement must be licensed and vaccinated under the provisions of this title but their owners shall be exempt from the license fee as therein imposed, providing adequate evidence can be furnished at such time the license is issued; (c) All dogs being raised and trained specifically to perform as Seeing Eye dogs must be licensed and vaccinated under the provisions of this title but their owners shall be exempt from the license fee as therein imposed, providing adequate evidence can be furnished at such time the license is issued. Section 7.08.270. Failure to Pay License Fee or Provide Information. It is unlawful for any person owning or having the care, custody or control of any dog in the county, to refuse, fail or neglect to pay the license fee at the time and manner herein provided, or to refuse, fail or neglect to furnish to the Department, the Health Officer, or any of their duly qualified and authorized deputies, or employees, the information necessary to properly license the dog. Section 7.08.280. Counterfeiting. No person shall imitate or counterfeit such registration tags. It is unlawful for any person to remove any tag from any dog not owned by him or not lawfully in his possession or under his control or to place on any dog any such license tag not issued as provided for above for that particular dog for the then current year or to make or to have in his possession or to place on a dog any counterfeit or imitation of any license tag. • • Section 7.08.310. Dogs in Public Parks. Pursuant to the provisions of the Vehicle Code Section 21113 with respect to animals that may be found in a public park. whether or not in the company of their owners, it is unlawful for any person to permit any dog or other animal, owned, harbored or controlled by him to be on the grounds of any public park unless the dog is securely leashed or the individual has been granted a city use permit for the specific purpose of conducting an organized program or activity involving, but not limited to, canines. Properly licensed Seeing Eye dogs are automatically exempted from this section. Pursuant to Section 7.08.040 of the Morro Bay Municipal Code. it shall be the duty of the Department to seize and impound all dogs found on the grounds of any public park within the city limits, or cite the owners or person in control of the animal for violation of Section 7.08.020 of the Morro Bay Municipal Code. CATS Section 7.12.010. Duty of Department to Accept Abandoned Cats. It shall be the duty of the Department to receive and impound all cats believed to be abandoned by their owners. Section 7.12.014. Cats at Large. Any cat found on any private property in the City may be taken up by the owner or possessor of the property and delivered to the Department or detained on the property until picked up by the Department as provided in Section 7.12.016. Section 7.12.016. Delivery of Cats to Department by Private Persons. Every person taking up any cat under the provisions of this title and every person finding any lost, strayed or stolen cat shall within twenty four hours thereafter, give notice thereof to the Department and every such person in whose custody such cat may, in the meantime, be placed shall surrender such animal to the Department without fee or charge. Section 7.12.020. Redemption of Impounded Cats. The Department shall keep such cats for a period of three days unless the cats are sooner reclaimed or redeemed by the owner or person having control thereof. Such redemption may be made by paying the Department any charges as a fee per day for the care of the cats as imposed herein. No fees whatsoever shall be charged or collected for or on account of any cat which has been unlawfully taken up or impounded. The owner of a cat who believes the cat has been unlawfully seized may request a hearing before an impartial hearing officer from outside the Department. • • Section 7.12.030. Sale, Gift or Destruction of Cats. At any time after the expiration of the period of three days, the Department may, without notice and without advertising in any manner, sell, give away, or dispose of the cats; provided the Department may not sell, give away or transfer title to any cats to any institution engaged in the diagnosis or treatment of human or animal disease, or in research for the advancement of veterinarian, dental, medical, or biologic sciences, or in the testing or diagnosis, improvement or standardization of laboratory specimens, biologic products, pharmaceuticals, or drugs. The Department may not sell or give away any female cat that has not been spayed, or any male cat that has not been neutered, unless a deposit towards the cost of spaying and neutering such cat, as determined and promulgated by the department of animal regulation, has been deposited with the pound. Deposit is refundable through normal County Refund Procedures, upon proof of sterility. Section 7.12.040. Impounding of Biting Cats. Upon written notice by the Department, the owner or person having the control of any cat which has, within the proceeding ten days, bitten any person or animal shall. upon demand, and in the discretion of the Department, shall do one of the following: (a) Confine the cat to his own premises; or (b) Surrender the cat to the Department which shall impound and keep the cat at the public pound in a separate enclosure for a period of not less than ten days; or (c) Surrender the cat to a licensed veterinarian as designated by the Department; or (d) Surrender the cat to the Department for quarantine at any other location or facility designated and approved by the Department. If the cat is quarantined on the premises; of the owner, the Department may post a quarantine sign on such premises, and if is unlawful for any person to remove the sign during the term of such quarantine without the consent of the Department. Any quarantine provided in this section shall be for a term of not less than ten days unless otherwise specified by the Department. During the period, it shall be the duty of the Department to determine whether or not such animal is suffering from any disease. If a duly licensed veterinarian designated by the Department shall determine that the animal is diseased and, by reason of such disease, is dangerous to person or to other animals, he shall so notify the Department in writing to destroy the animal. A copy of the notice may also be served upon the owner or person having control of the animal. If the veterinarian shall determine that the cat is not so diseased, the Department shall notify the person owning or having control of the animal at the address from which the animal was surrendered to the Department and shall, upon demand, release the animal to the owner or person lawfully entitled thereto, upon payment of any charges provided therefore, including expenses of quarantine and veterinary care; provided, however, that if person lawfully entitled to such animal shall within three days after the date of giving the last mentioned notice, appear at the public pound and request the release of the cat, and pay the charges the anbimal may be sold or destroyed by the Department in the same manner hereinbefore provided. Whenever a cat is ordered to be quarantined on the premises of the owner, an administrative fee to cover the expense of monitoring the quarantine will be charged. Section 7.12.050. Limitations for Cats. It is unlawful for any person or persons, to own harbor, or maintain, at any single family dwelliing, more than three cats four months of age or older, without first obtaining the appropriate permit. Section 2. This ordinance shall take effect and be in full force and effect thirty (30) days after its passage; INTRODUCED at a regular meeting of the City Council held on the 10th. day of December, 1990. PASSED and ADOPTED by the City Council of the City of Morro Bay, State of California, on the 14th. day of January 1991, by the following roll call vote; AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None AEISENI • None Alltsl: Rose Marie Sheetz Mayor Gat/ Ardith Davis City Clerk IP • ad c3.315- Gj a � da-G • • ORDINANCE NO. 385 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ANNOUNCING FINDINGS AND ADOPTING AMENDMENTS TO THE MORRO BAY MUNICIPAL CODE CHAPTER 13.20 TO UPDATE AND INCORPORATE THE WATER EQUIVALENCY TABLE THE CITY COUNCIL City of Morro Bay, California The City Council of the City of Morro Bay does ordain as follows: Section 1. The Council does hereby make the following findings: 1. Section 13.20.030 D. and Section 13.20.070 B of the Morro Bay Municipal Code require the City Council to periodically revise Exhibit "A" (Water Equivalency Table) to reflect the current average water usage for specific uses within the City of Morro Bay; and 2. The Planning Commission on the 15th day of October, 1990 held a PUBLIC HEARING to consider the City initiated request to amend Chapter 13.20.070 of the Morro Bay Municipal Code; and 3. The Planning Commission, after reviewing the staff report and all testimony made recommendation to the City Council to adopt the revisions of 13.20.070; and 2. The City Council on October 22nd, 1990 conducted a duly noticed PUBLIC HEARING to consider the report of the Planning Director recommending certain modifications to. the Water Equivalency Table, and the recommendations of the Planning Commission concerning such modifications, and comments of all interested persons wishing to testify; and 3. Said amendments have complied with the City of Morro Bay objectives, criteria and procedures for implementation of the California Environmental Quality Act, (CEQA), in that the amendments are determined to be exempt under CEQA; and 4. The proposed amendments update the water equivalency table with current and more comprehensive data based on a thorough study of existing water uses in the City of Morro Bay and based also upon cross references to water use data from other Communities; and 5. Such amendments are necessary to conserve the City's limited water resources and are thus necessary to protect the public health, safety, and welfare. Section 2. Chapter 13.20.070 of the Morro Bay Municipal Code is amended as shown on Attachment A and incorporated herein as referenced. • • ORDINANCE NO. 385 Ordinance No. 385 Page Two INTRODUCED at a regular meeting of the City Council of the City of Morro Bay held on the 22nd day of October , 1990, by motion of Council member Odell and seconded by Council member Baker PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay at a regular meeting held thereof on the 13th th day of November , 1990 by the following role call vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: Szte,a,_ ARDITH DAVIS, CITY CLERK APPROVED AS TO FORM: JU Y SKOUS N, CITY ATTORNEY 2 • ATTACHMENT A Chapter 13.20.070 is amended in its entirety to read: A. The water equivalency table presented below indicates the average annual water use of different land uses and building types relative to that of a single - family dwelling. The water equivalency table shall be followed when calculating the water equivalency units needed by individual projects or to be credited to existing or discontinued land uses as set forth in Section 13.20.080. The water equivalency table shall be periodically reviewed and modified to reflect changes in water use. f J.ANJ) INSF. • EXHIBIT A • WATER EQUIVALENCY TABLE REVISED OCTOBER 1990 Morro Bay Community Development Department AVERAGE WATER l JSR RATE, 4NJT FACTOR Cubic Feet Usage Equated to Per 1000 Sq. Ft./ Per Year Per Watts Equivalency Unit Factor Per Unit Factor or Seat/ or Unit/" or Site" Automotive Services Auto Garage (no gas) 1,800 .17 sq. ft. Service Sta. w /mini mkt 9,900 .92 sq. ft. Service Sta. w/o mkt 7,200 - .67 sq. ft. Banks & Financial Inst Banks & Savings & Loan 4,200 .39 sq. ft. Dldg Mat'ls & Lumber Yard Lumber Yard 16,700 1.55 Site Plant Nurseries 2,300 .21 Sales Area/sq. ft. Eating & Drinking Places Bars 7,400 .69 sq. ft. or 400 .04 seat Restaurants 22,200 2.06 sq. ft. or 800 .07 seat 24 Hour Restaurant 39,300 3.65 sq. ft. or 1,700 .16 seat Fast Food (Take -Out) 41,000 3.80 sq. ft. or 1,400 .13 seat Pizza (Take -Out Only) 3,200 .30 sq. ft. Food Stores Bakeries/Ice Cream 4,600 .43 sq. ft. Supermarkets (over 10,000 sq.ft.) 2,200 .20 sq. ft. Mini - Markets 4,100 .38 sq. ft. Liquor Stores 2,700 .25 sq. ft. Health Services Medical Dr. Offices 6,100 .57 sq. ft. Misc. Medical (Chiro- practor,optometrist) 2,800 .26 sq. ft. Mixed Medical 4,900 .45 sq. ft. Veterinarians 9,500 .88 sq. ft. Hotels & Motels Hotel & Motels 5,300 .49 Unit Industrial/Storage Industrial Laundry 85,400 7.92 sq. ft. Light Industrial 1,000 .09 sq. ft. Storage/Mini- Storage 500 .05 sq. ft. Upholstery Shops 3,000 .28 sq. ft. Institutions & Organizations Churches 300 .03 Site /sq. ft. Fraternal Organizations 2,500 .23 sq. ft. Yacht Club 11.500 1.05 so. ft. JAND MP !WATER EQUIVALENCY TABLE - PAID 2 AVERAGE WATER 1JSE RATE UNIT FACTOR Cubic Feet Usage Equated to Per 1000 Per Year Per Water Equivalency Sq. Ft./ Unit Factor Per Unit Factor or Seat/ or Unit/* or Site ** Marine Oriented Marine Service/Supply 4,100 .38 sq. ft. Seafood Processors w /salt water use 33,600 3.13 sq. ft. w/o salt water use 47,800 4.43 sq. ft. Offices (non- medicall Offices - General 1,600 .15 sq. ft. Offices - Complex 1,600 .15 sq. ft. Real Estate Offices 1,600 .15 sq. ft Personal Servirr. Barber/Beautician 8,000 .74 sq. ft. Car Washes (self -serve) 17,400 1.61 Bay Dry Cleaners (off -site) 10,800 1.00 sq. ft. Laundromats 102,800 9.54 sq. ft. Mortuaries 10,000 .93 Site Residential (No Change) Single Family Home 10,780 1.00 Unit Duplex Unit 8,400 .78 Unit Condominium Unit 6,900 .64 Unit Apartment Unit 5,800 .54 Unit Trailer/Mobile Home 6,500 .60 Unit Rail Art Supply Store/Studio 1,600 .15 sq. ft. Auto Parts & Supplies 1,600 .15 sq. ft. Candle Shops 1,600 .15 sq. ft. Gifts & Clothing 1,600 .15 sq. ft. Florists 1,600 .15 sq. ft. Fumiture/Antiques 1,600 .15 sq. ft. Hardware/Related 1,600 .15 sq. ft. Pharmacies 1,600 .15 sq. ft. Variety 1,600 .15 sq. ft. Misc. Similar Retail 1,600 .15 sq. ft. Farm & Feed SupplY 800 .07 sq. ft. Pet Stores 4,100 .38 sq. ft. Social Services Day Care Facilities 15,500 1.44 sq. ft. Misc. Uses Theater 100 .01 Seat Printer/Newspaper 2,400. ' .22 sq. ft. • UNIT FACTOR IS DEFINED AS FOLLOWS: o Per l 000 square feet: Generally, the square foot ratio refers to the gross building area, unless otherwise indicated. o Per Seat : Seating refers to the number of actual seats, not the maximum capacity. o Per Unit: Unit refers to each individual residential unit or motel room. o Per Site: The site refers to the gross area to be occupied by the land use, including buildings, parking areas and landscaping. WATER EQUIVALENCY is defined as the average amount of water used by 'a single family residence - currently 10,780 cubic feet been rounded to the nearest hundreds for cubic feet and hundredths for water equivalencies. *• the/ 3gg -1) ow _mei, Gum e yvIc j NE-3 ( 3g13 - atAge Pegn uai l/ Y�� • • � td &tap. 7, mod. 3st aua, ad. 3�� - 1// t- • • ORDINANCE NO. 382 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ANNOUNCING FINDINGS AND ADOPTING AMENDMENTS TO CHAPTER 17 OF THE MORRO BAY MUNICIPAL CODE TO AMEND PRIOR ORDINANCE NO. 350 AND THE OFFICIAL ZONING MAP AND ZONING TEXT IN THE AREA BETWEEN HIGHWAY 41 AND MORRO CREEK THE CITY COUNCIL of City of Morro Bay, California does ordain as follows: SECTION I The City Council makes the following findings: 1. Following extensive public hearings in 1988 and 1989, the City Council adopted Resolution 43 -89 amending the General Plan and Local Coastal Land Use Plan in order to incorporate the North Main Street Specific Plan. 2. In accordance with state law, these amendments were submitted to the California Coastal Commission for certification prior to taking legal effect. 3. The Coastal Commission held public hearings in March, April, and May 1990 to consider to requested amendments, and did certify all portions of the requested amendments with the exception of the area between Highway 41 and Morro Creek known in the North Main Specific Plan as Area D. 4. Justification by the Coastal Commission for denial of the proposed plan amendments in Area D was due to the desire to retain the area in its current designation for visitor serving commercial land uses, and specifically to enable recreational vehicle usage at an existing recreational and trailer park in the area. 5. To achieve consistency between the Council's earlier action in adopting plan modifications by passage of Resolution 43 -89 and the Coastal Commission's denial of the requested amendments, the City is now required to modify the North Main Street Specific Plan to return Area D to its former designation in the General Plan and Coastal Land Use Plan. 6. For purposes of the California Environmental Quality Act, the project is exempt as the functional equivalent of an EIR under the general exemption provided to the Local Coastal Program process; the Coastal Commission is the lead agency for purposes of CEQA; no further City documentation is required. • • 7. The City Council of the City of Morro Bay, California, held a duly noticed PUBLIC HEARING on September 10, 1990 to consider amendments to Chapter 17 of the Municipal Code in Area D of the North Main Street Specific Plan to achieve conformance with action by the California Coastal Commission. 8. During the PUBLIC HEARING and after considering the staff report and comments of all persons who contributed, the City Council did find the following additional facts and reasons to justify their action in this matter: a. The conclusions and findings of the California Coastal Commission as contained in the District Director's report of June 26, 1990 are accurate and appropriate in this case. b. Redesignation of Area D for visitor serving uses will benefit provision of additional recreational vehicles in an existing recreational vehicle and trailer park and will thereby support visitor use of the area consistent with the Coastal Act. c. Redesignation of Area D for visitor serving uses will not adversely affect other properties in the area which will continue in conforming status and will retain reasonable future land use options. d. Redesignating Area D for visitor serving uses will not be inconsistent with good planning concepts in terms of the overall neighborhood. e. No further report on this matter is required from the Planning Commission in that the Commission previously considered the use and application of visitor serving uses in Area D when it made it's original recommendation concerning amendments to the Council. SECTION 2 Chapter 17 of the Morro Bay Municipal Code (Official Zone Map) is amended as shown on Figure A, attached hereto, and made a part of this ordinance. INTRODUCED at a regular meeting of the City Council of the City of Morro Bay held on the 10th day of September 1990 by motion of Councilmember Odell and seconded by Councilmember Baker PASSED, City of thereof, vote to • • APPROVED, AND ADOPTED, by the City Council of the Morro Bay, California, at a regular meeting held on the 24th day of September 1990, by the following wit: AYES: Baker, Lemons, Odell, Wuriu NOES: None ABSENT: Sheetz ATTEST: ARDITH DAVIS, City Clerk 1FJ O Vice ayor Sections: 17.71.010 17.71.020 17.71.030 17.71.040 17.71.050 • CHAPTER 17.71 NORTH MAIN STREET SPECIFIC PLAN North Main Street Specific .P1 ite u;\ 1 �^_ nl' Division Into Areas 3 % 4 ) -k Allowable Uses Y` �O Development Standards kV) Off -Site Improvements 17.71.010 North Main Street Specific Plan adopted. The zoning regulations and standards for that part of the City of Morro Bay illustrated in Figure 4 shall be the "North Main Street Specific Plan" which is established and provides for regulated development in accordance with the purpose, rationale and objectives set out therein; said specific plan is hereby incorporated herein by this reference in its entirety. 17.71.020 Division Tnto Areas, The Specific Plan is divided into areas where different development standards, uses, or mixes of uses may be permitted. The areas are described below and illustrated in Figure: 3• . Area A: Island to Zanzibar. Area B: Elena to Island. Area C: State Highway 41 to Elena. Area D: State Highway 41 to Radcliffe. 17.71.030 Allowable Uses. Different uses or mixed uses may be allowed in the MCR zone with compliance to the applicable development standards. A. Definition and Purpose: Mixed Commercial /Residential (MCR) District. The MCP, zone allows conditionally permitted C -1- N, C -1, and C -2 uses, mixed commercial and residential in any proportion, or exclusive residential use. Unless designated with the R -2, R -3, or R -4 suffix, the MCR district would allow R -1 residential development. 1 North Main Street Sparc Plan Chapter 17.71 • The purpose of the MCR district is to maximize the opportunity for commercial development and maintain the integrity of surrounding residential neighborhoods by allowing a mixture of appropriate commercial and /or residential uses to be evaluated according to any applicable development and performance standards during the implementation phase. B. Generally: All uses in the MCR and VS -C zones of the NMSSP area are conditionally permitted only; that is no use shall be allowed without first obtaining a Conditional Use Permit approved by the Zoning Administrator. Any applicant may elect to petition the Planning Commission for a Conditional Use Permit pursuant to Chapter 17.60 and this plan. C. Residential Uses: Residential uses may be permitted in the MCR zone in conjunction with an approved office or commercial use in accordance with the provisions of this chapter. Residential uses without accompanying commercial development as allowed in the R -1 zone may be permitted according to the applicable development standards of this plan. Designation of the MCR zone with an R -2, R -3, or R -4 suffix will permit residential development according to the designated density and applicable development standards of this plan. D. Visitor Serving Commercial: defined in Chapter 17.12.057 be permitted in the VS -C zone Use Permit. The scale, treatment shall be compatible a residential neighborhood. Bed and breakfast uses as with ancillary facilities may or MCR zone with a Conditional layout, and architectural with and shall reflect that of E. Service and Retail Commercial: All uses in the C -2, C -1 and C -1 -N zones inclusive may be permitted in the MCR zone with a Conditional Use Permit, subject to the developmental standards of this plan. 27,71.040 Development Standards. In addition to the findings required by Chapter 17.60, the Planning Commission must find that the following development standards have been met before approving a Conditional Use Permit for any use in the North Main Street Specific Plan: A. Mixed 'Uses. In any mixed use (IE: commercial and residential) project, the project, in terms of specific types of uses, their locations and the development layout and design shall provide for compatibility among the uses. Features such as building entrances and open parking shall be differentiated to the extent practical between 2 . North Main Street Spec ..c Plan Chapter 17.71 • residential and commercial uses on the same site. Adequate private and common open space generally in conformance with standards set forth in Chapter 17.49 herein shall be provided for all residences. B. Side and Rear Yard Setbacks. The minimum side and rear yard setbacks shall be five feet. All sebacks shall be landscaped Larger setbacks may be required by the Planning Commission if deemed necessary to provide an adequate buffer between .uses. C. Frontyard setbacks and landscaping. A minimum of five (5) feet of landscaped area shall be provided in front of any building or parking lot facing a public street. Where a developer elects Main Street realignment, the frontyard setback will be reduced accordingly and the developer shall be responsible for landscaping the realignment island. D. Mature trees. Mature trees shall be shown on site plans submitted for a development, use, or building permit. Any mature tree, defined as having a trunk circumference of 17" measured 24" above grade shall be preserved unless preservation of the tree presents economic hardships to the owner of the property, safety problems, or is severely diseased. The burden of proof of economic hardship, safety, or disease shall be on the applicant at the time of application for a development, use, or building permit in the Specific Plan area. Removal of trees for economic hardship, safety, or disease shall be approved by the Planning Commission or Director of Community Development as appropriate at the time of permit approval. E. Roofline variation and view corridors. The maximum height shall be generally two stories (above subterranean or semi - subterranean parking if provided) and not to exceed 25 feet; except that the Planning Commission may allow up to 30 feet to encourage roofline variations and sloping roof treatments provided that the additional height is necessary for such roof treatment and that corridors protecting significant views are provided. Furthermore, to prevent long, unvarying rooflines, the Planning Commission shall consider the following guideline when allowing a project to exceed the usual 25 -foot limit: Not more than one -third of the west elevation of the building roofline, and, if different, not more than one - third of the elevation of the longest building roofline shall exceed 25 feet in height. This standard is intended as a guideline, not a strict requirement, and the Planning Commission may vary from this guideline as deemed necessary and useful to meet the intent of this section. 3 North Main Street Sp.fic Plan Chapter 17.71 • Flat roofs shall be discouraged wherever possible. All applications for buildings with more than one story and /or with pole signs shall include a view analysis from the residential neighborhood to the east. To the extent practical, significant view opportunities shall be preserved and protected through the use of view corridors and air space easements. Assessment of scenic values and preservation of scenic views shall be prepared and implemented according to the Visual Resources Policies of the Local Coastal Program, in particular, policies 12.01, 12.02, 12.05, 12.06, 12.08, and 12.09. F. Subterranean Darkina. Where feasible, subterranean or semi - subterranean parking shall be employed to provide more usable open space or landscaped areas. G. Specific plan fee. Pursuant to the California Government Code, developers shall be assessed a fee reflecting a proportionate share of the cost of the preparation of this specific plan 'as a condition of approval. 17.71.045 Performance Standards. In addition to the findings required by Chapter 17.60, the Planning Commission must find that the following performance standards have been met before approving a Conditional Use Permit for any use in the North Main Street Specific Plan: A. Compatibility with nearby residential areas. Potential conflicts with the adjacent residential areas shall be minimized, particularly with regard to, but not necessarily limited to noise, glare, odors, chemicals and screening. B. Noise. Any business operating with sustained or intermittent noise levels exceeding 70 Ldn as described by the Noise Element, (June 1976, Fig. 4, pg. 1.21)'including, but not limited to wood or machine milling, air hammers, generators, or prolonged or excessive truck deliveries, will not be allowed. C. Fours of operation. All deliveries shall be limited to the hours between 7:00 a.m. and 10:00 p.m. D. Sian height and glare. Other sections of this Title not withstanding, no pole sign shall exceed 15 feet in height and no illumination may directed toward the adjacent properties. Signs and their glare shall be screened from the residences to the east and from adjacent properties. 4 • North Main Street Spec•ic Plan Chapter 17.71 • E. Odors. Any business involving] the use or on- promise storage of products releasing noxious fumes or odors, including but not limited to tar, asphalt, oil emulsions, sulphur dioxide, chlorine, or animal and fish processing, will not be allowed. F. Chem$cals. Any business involving the use or storage of noxious chemicals including but nct limited to pesticides and herbicides other than those packaged for retail sales, or, large volumes of solvents or flammable liquids {excluding gas stations), will not be .allowed. G. $greening. A solid five -foot fence, wall or other buffer shall be installed along rear and side property lines of any commercial or mixed development. Required buffers shall be sized and situated so as to protect views from driveways for a distance of fifteen feet from the affected street side property line. 17.71.050 Offsite Improvements. In approving any Conditional Use Permit the following will be required as conditions bf..approval: A. Curb, gutter, sidewalk, and street trees. In addition to any other improvements found necessary by the Planning Commission, all commercial's and residential developments shall be required -to install curb, gutter, 'ten -foot wide sidewalks and street trees pursuant to City standards and /or planted and maintained concrete_planter boxes subject to any encroachment permit. The Planning Commission shall have the option of granting a sidewalk width of not less than 6 feet. B. Intersection improvement fees. As a condition of approval of any Conditional Use Permit., •the. developer shall pay a fee for signalization and related improvements at the intersection at Highway One, Highway 41 and Main Street as specified in the Specific ..Plan. Said fee shall be proportional to increased traffic generated by the subject project at said intersection as estimated by a traffic engineer and subject to review and approval by the City Engineer. Said fee shall be placed in a special fund and used strictly for the•planning, design or construction of improvements to that intersection. C. j.andscapina improvement fees. Developers shall pay a fee for the purpose of implementing the landscaping proposals on Main Street and the Highway 41 entry corridors. Such monies shall be placed in a special fund to be used for this purpose. Said fee shall be equal to $2.00 per linear foot of Main Street and /or Highway 41 frontage. 5 North Main Street Specific Plan Chapter 17.71 D. Other improvements, Other improvements and /or easements related to streets, sewers, water lines, storm drainage, fire hydrants and any other on -or off -site facility deemed reasonably necessary to protect the public health, safety or welfare may be required by the Public Wor }:s Director or Planning Commission, as a condition of approval, to contribute in -kind or through fees to the mitigation of storm water drainage problems, as identified in the Storm Drain Master Plan, in proportion to the impacts created by the development. E. Deferments. Where the Planning Commission deems that deferring installation of needed public improvements will help increase the feasibility of a desirable project and will not pose any immediate or unreasonable threat to the public health, safety or welfare, such time deferments may be permitted subject to the posting of adequate bonding to insure the eventual installation of such improvements. 6 ■ • • (did. 39 - W of eentfrinuetiil St waol were/ entoM- • • ORDINANCE NO. 381 AN ORDINANCE OF THE CITY OF MORRO BAY AMENDING MORRO BAY MUNICIPAL CODE SECTION 13.04.345 TO EXEMPT COMMERCIAL CAR WASHES FROM PROVISIONS T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, on 23 July 1990 the Morro Bay City Council adopted Ordinance No. 374 adding a new Level 4 of the mandatory water conservation requirements; and WHEREAS, Council has determined the Ordinance should be clarified to exempt commercial car washes from the water conser- vation requirements; and NOW, THEREFORE, BE IT RESOLVED Section 13.04.345 D.1.c is hereby amended as follows: D. Critical Water Supply Conditions 1. Outdoor Water Use (Except Irrigation) c. Washing cars or other mobile vehicles and equip- ment, including trailers and boats on trailers, is permitted only by the use of a bucket of water. No use of hoses, even if equipped with a shut -off nozzle, is permitted. Commercial car washes are exempt from these provisions. INTRODUCED at a regular meeting of the Morro Bay City Council held on the 10th day of September 1990 by motion of Councilmember Baker and seconded by Councilmember Wuriu . PASSED, APPROVED, AND ADOPTED by the Morro Bay City Council at a regular meeting held thereof on the 24th day of September , 1990 by the following roll call vote: AYES: Baker, Odell, Wuriu NOES: Lemons ABSENT: Sheetz ATTEST: AR�DAVIS,citycle JEF 0 ELL,VVi or ad 5 56 • • 0/.0 (11\\ 11\ L • • ORDINANCE NO. 379 AN ORDINANCE OF THE CITY OF MORRO BAY ADDING CHAPTER 9.27, SECTIONS 9.27.010 THROUGH 9.27.050 TO THE MORRO BAY MUNICIPAL CODE, RELATING TO SECOND RESPONSE RECOVERY CHARGES FOR POLICE SERVICES. WHEREAS, City Council finds that the control of parties or gatherings on private property is necessary when such events are determined to be a threat to the public peace, health, safety or general welfare; and WHEREAS, police department personnel are frequently required to make subsequent responses to the location of events in order to maintain the public peace, health, safety and general welfare; and WHEREAS, the return of police department personnel to a location constitutes a drain on personnel and resources;. WHEREAS, the above situation may create a hazard to the safety of police department personnel and to the general public. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Morro Bay as follows: Section 9.27.010 Issuance of written warning. When a police officer determines that a party or gathering, is a threat to the public peace. health, safety or general welfare, the police officer shall issue a written warning to the person responsible for control of the location of the event, or if either of those persona is a minor, the parents or guardians of that minor. Section 9.27.020 Content of Warning. The written warning shall state that if police department peronnel are required to return to the location of the party or gathering and the responding personnel determine that the subsequent event is a threat to the public peace, health, safety or general welfare, each such response shall constitute the provision of special security services. The warning shall state that the person receiving the warning shall be charged for the cost of the City providing such special security services for the event. • • Section 9.27.030 Costs for Special Security Services. The costa of providing these special security services shall include all reasonable costs incurred by the City attributable to the subsequent response to the party or gathering. Section 9.27.040 Collection of Costa. The collection costs for these special security services shall not be in excess of one thousand dollars for each subsequent response or as specified In section 53155 of the California Government Code. The City shall have the option to pursue any other legal remedies for recovery when such costa exceed one thousand dollars per response. Section 9.27.050 Debt Owed to City. The amount of such costa charged shall be deemed a debt owed to the City by the person or persons responsible for use of the special security services. If the persona responsible are minors, the debt shall be charged to the parents or guardians of the minors. Any person required to pay such costa shall be liable In an action brought in the neme of the City for recovery of such costs, including reasonable attorney's fees. INTRODUCED at a regular meeting of the City Council of the City of Morro Bay held on the 10th day of September 1990 by motion of Councilmember Baker and seconded by by Councilmember Wuriu PASSED, APPROVED, AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on September 24, 1990 by the following vote: AYES: Baker, Lemons, Wuriu_ NOES: Odell ABSTAIN: None ABSENT: Sheetz ATTEST: ARDITH DAVIS, City Clerk J FA /aL Mayor • • ad (377- a7c) C 4VCO2 t-e /zazal r aa 0 A WalU -.art • ORDINANCE NO. 377 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ANNOUNCING FINDINGS AND ADOPTING AMENDMENTS TO THE MORRO BAY MUNICIPAL CODE CHAPTER 13.20 THE CITY COUNCIL City of Morro Bay, California The City Council of the City of Morro Bay does ordain as follows: Section 1. The Council does hereby make the following findings: 1. Section 13.20.050 B of the Morro Bay Municipal Code requires the City Council to annually review the operating procedures for administration of the water equivalency program; and 2. The City Council on March 26th, April 9th, June 25th, 1990 conducted duly noticed PUBLIC HEARINGS to consider the report of the Planning Director recommending certain modifications to the operating procedures currently in effect, and the recommendations of the Planning Commission concerning such modifications, and comments of all interested persons wishing to testify; and 3. The City Council has determined that in order to comply with the Housing Element of the General Plan, and provisions of the Local Coastal Program, that a clear procedure is necessary to ensure priority access to water allocations available for residential development for ow income persons or providers of low income housing on the long -term building allocations waiting list; and' 4. 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. Section 2. Chapter 13.20 of the Morro Bay Municipal Code is amended to add Section 13.20.090 as follows with the remaining sections of that chapter to be consecutive. 13.20.090 Priority for 100% Low Income Housing A. For the purpose of this section low and very low income persons shall be defined as set forth in the California Health and Safety Code Sections 50079.5 and 50105. 1 • • ORDINANCE NO. 377 B. In any given year at the time water allocations are authorized by the City Council, priority on the residential building permit waiting list shall be given for low and very low income housing developments, provided however, that not more than fifty percent (50%) of the building permits allocated each year for single family dwellings or multi - family dwellings by the City Council pursuant to Ordinance No. 266 shall be so prioritized. The remaining permits shall be allocated in accordance with the existing waiting list. C. An applicant desiring low income housing priority shall submit to the Community Development Department a written request for such priority, listing the applicant /owner, the address and legal description of the project property, and written deed restrictions and agreements as approved by the City Attorney, restricting the sale and /or occupancy of the entire project to low or very low income persons for a period of fifty (50) years after completion of the housing project. Upon receipt of this information and agreements, the applicant's property will be placed on a separate low- income housing waiting list for either single family or multiple family projects in the order in which the requests are received by the City to be eligible for priority in the following year's water allocation. D. If a project due to be awarded water fails to qualify and or submit sufficient deed restrictions and agreements as required herinabove prior to the award of water, or voluntarily withdraws, the project shall be removed from the priority list and shall be returned to its original position on the longterm building allocation waiting list. E. The City at its option, may contract with a non - profit housing agency to provide for administration of various aspects of deed restrictions, agreements and other procedures to ensure the effectiveness of this program to provide long term low income housing. Costs for such services shall be borne by the applicant /developer. Section 3. On or after the effective date of this Ordinance, Staff is directed to send a copy of this Ordinance to all property owners /applicants on the long term building allocation waiting list and to provide a copy to all persons applying to be added to such waiting lists in the future. Introduced at a regular meeting of the City Council of Morro Bay, held on the 8th day of August, 1990, by motion of Councilmember Lemon and seconded by Councilmember Baker. 2 • • ORDINANCE NO. 377 PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 13th day of August, 1990 by the following vote. AYES: NOES: ABSENT: (77A-ta Elane Novak, Deputy City Clerk APPROVE TO FORM: CDY SKOU EN, City Attorney WF /b//1 /13- 20low.doc 3 • • ad 075 - eyAki a ��ae' • • ORDINANCE NO. 375 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND ADOPTING AMENDMENTS TO THE MORRO BAY MUNICIPAL CODE CHAPTER 13.20. THE CITY COUNCIL City of Morro Bay, California The City Council of the City of Morro Bay does ordain as follows: Section 1. The Council does hereby make the following findings: 1. Current provisions of Chapter 13.20 regarding the length of time water equivalency awards remain valid are not consistent with the time periods associated with the time periods of conditional use permits, and coastal development permits which run for periods of not less that one year. This inconsistency creates unnecessary confusion and hardship for applicants and project proponents, and also causes unnecessary administrative work for the City in tracking equivalency expiration dates; and 2. Experience by the City in administering the water allocations in recent years has shown that existing use permit, coastal development permit and ministerial processes contain adequate time limits and controls to ensure the orderly and timely usage of water equivalency awards granted by the city, and that separate time limits on water equivalency awards serve no practical purpose; and 3. Adjusting the time period for which water equivalency awards are valid to conform with time limits on other approvals granted for the same project will contribute to the overall coordination, efficiency, convenience and rationality of the entire process, and will help better comply with the intent of the state's Permit Streamlining Act; and Section 2. Chapter 13.20, Section 13.20.100 of the Morro Bay Municipal Code is amended as follows: 13.20.100 Time limit for using water equivalency units. A. If water equivalency units have been awarded to a project by the planning commission, that award shall remain in force for the period in which all applicable (related) discretionary and /or ministerial or administrative approvals are valid. • • Ordinance No. 375 Page Two B. Any extensions granted to such permits prior to their expiration shall automatically extend the water equivalency award to the new expiration date. Expiration of a project's conditional use permit or coastal development permit or other ministerial or administrative approvals shall result in the expiration of water equivalency units awarded the project. Allocation of water equivalency units expiring in this manner cannot be reinstated. In such cases, new water allocations must be obtained for new or reactivated projects on a property. INTRODUCED at a regular meeting of the City Council of the City of Morro Bay held on the 9th day of July, 1990, by motion of Council member Baker and seconded Councilmember Lemons . PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay at a regular meeting held thereof on the 23rd day of July, 1990 by the following role call vote: AYES: Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: Baker ATTEST: ARDITH DAVIS, CITY CLERK APPROVED AS TO FORM: AO/ L ze' .z'►„sr vin ROSE MARIE HEETZ, • ad. 37$- >2av %d ati4 Sza/vateopc- • • ORDINANCE NO. 37'f AN ORDINANCE OF THE CITY OF MORRO BAY AMENDING ORDINANCE NO. 3Lf7, SECTION 3 AND MORRO BAY MUNICIPAL CODE SECTION 13.0'f.3'i5 TO ADD A NEW LEVEL OF MANDATORY WATER CONSERVATION REQUIREMENTS T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, by Ordinance No. 3'17, Section 3, the City Council of the City of Morro Bay did establish Municipal Code Section 13.0'f.3'f5 requiring the community to adhere to certain mandatory water conservation practices during certain water supply conditions; and WHEREAS, said Ordinance No. 3'i7 establishes various levels of conservation requirements based upon the prevailing water supply conditions; and WHEREAS, it is necessary For the preservation of the health, safety and welfare of the citizens of the City of Morro Bay that the City Council amend Municipal Code Section 13.0q.3L±S to include an additional level of water conservation requirements. 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. 3`17, Section 3 and Municipal Code Section 13.04.346.C, Severely Restricted Water Supply Conditions, is hereby amended to add a new paragraph 8 which reads as Follows: 8. All visitor - serving facilities in the City of Morro Bay shall prominently display these mandatory water conservation requirements for the benefit and education of visitors to this community. Said display shall be done in a permanent vandal- resistant manner. Visitor- serving Facilities shall include, but not be limited to, all motels, restaurants, campgrounds, recreational vehicle parks, mobile home parks, service stations, public restrooms, etc. The owners or managers of said Facilities shall distribute to all customers a printed handout or Flyer describing these mandatory water conservation requirements. Said handouts or Flyers shall be provided to the owners or managers of said facilities by the City free of charge. 1 • • ORDINANCE NO. 37'i - MANDATORY WATER CONSERVATION REQUIREMENTS Page Two III. Ordinance No. 347, Section 3 and Municipal Code Section 13.04.345 is hereby amended to insert a new paragraph 0 which reads as Follows: D. Critical Water Supply Conditions. 1. Outdoor Water Use (Except Irrigation). a. Use of water which results in gutter runoff is prohibited. b. No water shall be used For cleaning driveways, patios parking lots, sidewalks, streets, or other such uses, except where necessary to protect the public health or safety, and then only by use of a bucket of water and brush. c. Washing cars or other mobile vehicles and equipment, including trailers and boats on trailers, is permitted only by the use of a bucket of water. No use of hoses, even iF equipped with a shut -off nozzle, is permitted. d. Use of potable water to wash buildings, houses, or mobile homes is prohibited. 2. Outdoor Irrigation. a. Outdoor irrigation is prohibited between the hours of 9:00 a.m. and S:00 p.m. b. Irrigation of landscaping and gardens is permitted at even - numbered addresses only on Wednesdays, and at odd - numbered addresses only on Tuesdays. Non - commercial Food -crop gardens are exempt From these restrictions. 3. Marinas and Waterfront Installations. a. Use of Fresh water to wash down boats or docks, or For other incidental activities is prohibited. b. All hoses shall have spring- loaded shut -offs or similar devices, and may be used only to Fill water tanks of boats or to Flush outboard engines. 4. Restaurants shall serve water only in response to a specific request by a customer. 2 • • ORDINANCE NO. 374 - MANDATORY WATER CONSERVATION REQUIREMENTS Page Three 5. Emptying and refilling swimming pools and spas is prohibited except to prevent structural damage and /or to comply with public health regulations. 6. Use of potable water For compaction or dust control purposes in construction activities is prohibited. 7. Any dysfunctional water fixtures in public commercial Facilities shall be repaired immediately. 8. All visitor - serving Facilities in the City of Morro Bay shall prominently display these mandatory water conservation requirements For the benefit and education of visitors to this community. Said display shall be done in a permanent vandal- resistant manner. Visitor- serving Facilities shall include, but not be limited to, all motels, restaurants, campgrounds, recreational vehicle parks, mobile home parks, service stations, public restrooms, etc. The owners or managers of said Facilities shall distribute to all customers a printed handout or Flyer describing these mandatory water conservation requirements. Said handouts or Flyers shall be provided to the owners or managers of said Facilities by the City free of charge. IU. The existing Paragraph D of Ordinance No. 347, Section 3 and Municipal Code Section 13.OIf.3Lf5.0, which is entitled "Critical Water Supply Conditions" is hereby re- alphabetized to Paragraph E and is re- titled "Emergency Water Supply Conditions." THE CITY COUNCIL hereby adopts Ordinance No. 374 as an urgency ordinance which shall take effect immediately upon its adoption. 3 • • ORDINANCE NO. 374 - MANDATORY WATER CONSERVATION REQUIREMENTS Page Four PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 23rd day of July, 1990, by the Following roll call vote: AYES: Lemons, Odell, Wuriu, Sheetz NOES: None ABSTAIN: None ABSENT: Baker ATTEST: ARDITH DAVIS, City Clerk OSE MARIE SHE TZ, May • • adfrnaoe-e h0. 373 - (/.% VAitttac %ham • ORDINANCE NO. 373 • Rev (56O b.a4•90 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AMENDING TITLE 16 SUBDIVISIONS TO ESTABLISH REGULATIONS FOR VESTING TENTATIVE MAPS T H E C I T Y C O U N C I L CITY OF MORRO BAY, CALIFORNIA WHEREAS, the State Subdivision Map Act authorizes local agencies to regulate the division of land through adoption of a Subdivision Ordinance; and WHEREAS, Title 16 of the City's adopted to implement the provisions of and WHEREAS, the Subdivision Map Act State to establish special provisions vested development rights; and Municipal Code has been the Subdivision Map Act; has been amended by the for a subdivision with WHEREAS, local agencies are required to implement provisions for vesting tentative maps and may establish special procedures and additional requirements; WHEREAS, the Planning Commission did on the 16th day of April, 1990 conduct a duly noticed PUBLIC HEARING accepting all public comments, if any, and did recommend to the City Council adoption of the proposed ordinance, and WHEREAS, the City Council did on the 14th day of May, 1990 conduct a duly noticed PUBLIC HEARING and accepting all public comments, if any, and; WHEREAS, for purposes of the California Environment Quality Act, the Environmental Coordinator has determined the adoption of vesting the subdivision map regulations to be exempt and no further documentation is required; NOW, THEREFORE, BE IT HEREBY ORDAINED by the City Council of the City of Morro Bay that Title 16 of the Municipal Code be amended as follows: SECTION I: Amend Section 16.08.235 to add new definition of Vesting Tentative Map as follows: 16.08.235 - Vesting Tentative Map "Vesting Tentative Map" is a tentative map for a subdivision as defined in Section 16.08.230, that has printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with Sections 16.10.010 through 16.10.070 of this Title, and is -r Vesting Tentative Map• May 14, 1990 thereafter processed in accordance with these provisions. When approved, a vesting tentative map confers a vested right to develop property after subdivision, subject to the provisions of this Title and of Chapter 4.5 of the Subdivision Map Act. • SECTION II: Add New Chapter 16.10 to Title 16 concerning Vesting Tentative Maps, as follows: Chapter 16.10 VESTING TENTATIVE MAPS Sections: 16.10.010 Citation and Authority 16.10.015 Purpose and Intent 16.10.020 Applicability 16.10.030 Filing and Processing 16.10.035 Consistency 16.10.040 Fees 16.10.050 Expiration 16.10.060 Vesting on Approval of Vesting Tentative Map 16.10.070 Applications Inconsistent with Current Policies 16.10.010 - Citation and Authority. This ordinance is enacted pursuant to authority granted by Chapter 4.5 (commencing with Section 66598.1) of Division 2 of Title 7 of the Government Code of the State of California (hereinafter referred to as the Vesting Tentative Map Statute), and may be cited as the Vesting Tentative Map Ordinance. Except as otherwise set forth in the provisions of this Chapter, the provisions of the Subdivision Ordinance shall apply to the processing of vesting tentative maps under this Chapter. 16.10.015 - Purpose and Intent. It is the purpose of this ordinance to establish procedures for implementing the Vesting Tentative Map Statute, and to supplement the provisions of the State Subdivision Map Act and the Subdivision Ordinance. To accomplish this purpose, the regulations set forth in this Chapter are determined to be necessary to protect the public health, safety and general welfare, and to promote orderly growth and development of the City. 16.10.020 - Applicability. A vesting tentative map is a tentative map for a subdivision which is filed and processed in accordance with this chapter. When approved, a vesting tentative map confers a vested right to develop property after subdivision, subject to the provisions of this Chapter. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this Title, requires the filing of a tentative map or parcel map, a vesting tentative map may be filed, in accordance with these provisions. When a vesting tentative map is requested by the subdivider, the map shall thereafter be processed as a Vesting Vesting Tentative Map • May 14, 1990 Tentative Map pursuant to this Chapter. If a subdivider does not seek the rights conferred by this Chapter, nothing in this Title . shall require the filing of a vesting tentative map as a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction. }6.10.030 - Filing and Processing. A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports and shall be processed in the same manner as set forth in Chapter 16.20 of this title for a tentative map except as follows: A. At the time a vesting tentative map is submitted, it shall have printed conspicuously on its face the words "Vesting Tentative Map." B. At the time a vesting tentative map is filed, a subdivider shall also supply such information as may be determined to be necessary by the Community Development Director and Public Works Director. Such information may include but is not limited to the following: 1. The total development plan showing the precise dimensions and locations of proposed structures, buildings, streets, parking, yards, pathways, open spaces and other public or private facilities; 2. Engineering plans showing site grading, including grades and proposed drainage facilities; 3. Listing all of proposed site uses or activities to be conducted on the site, with related floor area depicted or calculations of site area to be devoted to such uses; 4. Miscellaneous plan (as appropriate) showing any exterior lighting, roof plans, site cross - sections, view sight lines, ESH mitigation plans, archaeological mitigation plans, visual quality plans, public access mitigation plans, or other features necessary to evaluate the specific proposal including the information required of community housing projects. 5. Sewer, water, storm drain, and road details, including plans, specifications and cross - sections where applicable; 6. Detailed grading plans, including soils and geological investigations where required by the Director of Public Works; and 7. Fully developed architectural elevations of all buildings, structures, signs and fencing, showing colors and materials of construction; Vesting Tentative Map• May 14, 1990 • 8. A landscaping plan showing plant materials, type and size of plants at the time of planting and method of maintenance; 9. A plan for the long term management and protection of any dedicated open space, parkland, or public access facilities proposed for the property. C. In addition to the tentative map application, approval of all other discretionary permits required by zoning in effect at the time shall also be required. These applications will be processed concurrently with the vesting tentative map, and approvals must be obtained prior to or simultaneously with the subdivision application. .16.10.035 - Consistency. No land shall be subdivided and developed under a vesting tentative map for any purpose which is inconsistent with the State Subdivision Map Act; or with the General Plan and Local Coastal Program, any applicable specific plan, or the Zoning Ordinance (Title 17) of the City of Morro Bay. Prior to approving or conditionally approving a vesting tentative map pursuant to this Chapter and Section 16.20.080 of this Title and following such findings by the Subdivision Review Board, the Planning Commission shall find that the vesting tentative map is consistent with the general plan, the local coastal land use plan, and the zoning ordinance of the city of Morro Bay. The finding of consistency shall apply only those ordinances, policies, and standards in effect at the date the City determined that the application is complete pursuant to Section 65943 of the Government Code, unless the following has occurred: The City has done both of the following prior to the determination that the application is complete: 1. Initiated proceedings by way of ordinance, resolution, or motion, and 2. Published notice of the date, time and place of a public hearing, the identity of the hearing body or officer, a general explanation of the matter to be considered and a general description, in text or by diagram, of the location of the real property that is the subject of the hearing. Such notice shall be published in a newspaper of general circulation at least 10 days prior to the hearing. Where the City has done both of the above, the finding of consistency may apply any ordinances, policies, or standards enacted or instituted as a result of the above proceedings which are in effect on the date the City approves or disapproves the tentative map. Vesting Tentative Mall May 14, 1990 • 16.10.040 - Fees. On filing an application for a vesting tentative map, the subdivider shall pay the application fees required by Master Fee Schedule then in effect. At the time of filing the final map or parcel map for an approved or conditionally approved vesting tentative map, the subdivider shall pay subdivision fees in accordance with any conditions of approval of the vesting tentative map. 16.10.050 - Expiration. An approved vesting tentative map is valid for two years after its approval. At the end of such time period, the approval shall expire and become void unless: A. A final map or parcel map has been recorded pursuant to this title; or B. An extension has been granted (Section 16.10.060). 16,10.060 - Extension of Time for Filing. When a subdivision has been not recorded within the time limits set by Section 16.10.050, one year time extensions may be granted as provided in this section. Extension requests shall be in writing and shall be filed with the Planning Department on or before the date of expiration of the approval or previous extension, together with any required filing fee. The Planning Commission may grant a maximum of three, one -year extensions to the initial time limit only after finding that: A. There have been no changes to the provisions of the Land Use Plan or Zoning Ordinance applicable to the project since the approval of the tentative map; or B. There have been no changes in the character of the site or its surroundings that affect how the standards of the Land Use Plan or Zoning Ordinance apply to the project; or C. There have been no changes to the capacities of community resources, including but not limited to water supply,sewage treatment or disposal facilities, roads or schools . such that there is no longer sufficient remaining capacity to serve the project. Disapproval of a requested extension by the Planning Commission may be appealed to the City Council. Any rights conferred by this Chapter shall expire if a final map is not approved and recorded prior to the expiration of the vesting tentative map. 16.10.070 - Vested Development Rights on Approval of Vesting Tentative Map. A. The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinance, Vesting Tentative Map • May 14, 1990 policies, and standards in effect at the time the vesting tentative map is determined to be complete, subject to the exceptions stated in Section 16.10.035 above. At the time required building permits are issued, the subdivider shall pay construction permit fees, School District fees, and other development fees as required by any conditions on the vesting tentative map, however the City may adjust the amount of such fees in accordance with applicable fee schedules in effect at the time of issuance of any required grading or construction permits, unless otherwise specified in the conditions on the vesting tentative map. Except as provided in. Section B below, no new type of fee established after approval of the vesting tentative map shall be applicable to development of the subdivided property. B. Notwithstanding subsection A, the City may deny or impose new conditions on any permit, approval, extension, or entitlement for development within a property subject to a vesting tentative map if it makes any of the following findings: 1. A failure to do so would place the residents or occupants of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety; or 2. The condition or denial is required in order to comply with State or Federal law. C. The rights referred to herein shall expire if a final map or parcel map is not approved before the expiration of the vesting tentative map as provided in Section 16.10.050. If the final map is approved, these rights shall last for the following periods of time: 1. An initial time period of one year. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded. 2. The initial time period set forth in C.1 above shall be automatically extended by any time used for processing a complete application for grading permit or for design or architectural review, if such processing exceed 30 days from the date an application for the permit or review is found to be complete. 3. A subdivider may apply for a one -year extension at any time before the initial time period set forth in C.1 expires. The time extension request shall be considered at a public hearing conducted by the Planning Commission. If a time extension request$C is denied by the Planning/ Commission, the subdivider may appeal the denial to the City Council. Vesting Tentative Map May 14, 1990 4. If the subdivider submits a complete application for a building permit during the periods of time specified in subparagraphs 1 through 3, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit. Introduced at a regular meeting of the City Council of Morro Bay, held on the 23rd day of April, 1990, by motion of Councilmember Lemons 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 May, 1990 by the following roll call vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: a7-ak ARDITH DAVIS, City Clerk • v • EMORAN El TIM TO: FILE FROM: CITY CLERK DATE: 28 JUNE 1990 SUBJECT: ORDINANCE NO. 373 - VESTING TENTATIVE MAPS Ordinance No. 373, adopted by the Morro Bay City Council at their regular meeting of 29 May 1990, was subsequently found to have clerical errors. One was reference to "Title 17" page 1, Section I; the correct reference is "Title 16 ". Also on page 7, Section III is deleted. The ordinance does not require certification by the California Coastal Commission. igs ARDITH DAVIS City Clerk ad • • • • ORDINANCE NO. 373 • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AMENDING TITLE 16 SUBDIVISIONS TO ESTABLISH REGULATIONS FOR VESTING TENTATIVE MAPS T H E C I T Y C O U N C I L CITY OF MORRO BAY, CALIFORNIA WHEREAS, the State Subdivision Map Act authorizes local agencies to regulate the division of land through adoption of a Subdivision Ordinance; and WHEREAS, Title 16 of the City's adopted to implement the provisions of and WHEREAS, the Subdivision Map Act State to establish special provisions vested development rights; and WHEREAS, local agencies are required to implement provisions for vesting tentative maps and may establish special procedures and additional requirements; WHEREAS, the Planning Commission did on the 16th day of April, 1990 conduct a duly noticed PUBLIC HEARING accepting all public comments, if any, and did recommend to the City Council adoption of the proposed ordinance, and WHEREAS, the City Council did on the 14th day of May, 1990 conduct a duly noticed PUBLIC HEARING and accepting all public comments, if any, and; WHEREAS, for purposes of the California Environment Quality Act, the Environmental Coordinator has determined the adoption of vesting the subdivision map regulations to be exempt and no further documentation is required; NOW, THEREFORE, BE IT HEREBY ORDAINED by the City Council of the City of Morro Bay that Title 1?( of the Municipal Code be amended as follows: Municipal Code has been the Subdivision Map Act; has been amended by the for a subdivision with SECTION I: Amend Section 16.08.235 to add new definition of Vesting Tentative Map as follows: 16.08.235 - Vesting Tentative Map "Vesting Tentative Map" is a tentative map for a subdivision as defined in Section 16.08.230, that has printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with Sections 16.10.010 through 16.10.070 of this Title, and is . Ordinance No. 373 Vesting Tentative Ma � Page 2 • thereafter processed in accordance with these provisions. When approved, a vesting tentative map confers a vested right to develop property after subdivision, subject to the provisions of this Title and of Chapter 4.5 of the Subdivision Map Act. SECTION II: Add New Chapter 16.10 to Title 16 concerning Vesting Tentative Maps, as follows: Chanter 16.10 VESTING TENTATIVE MAPS Sections: 16.10.010 Citation and Authority 16.10.015 Purpose and Intent 16.10.020 Applicability 16.10.030 Filing and Processing 16.10.035 Consistency 16.10.040 Fees 16.10.050 Expiration 16.10.060 Vesting on Approval of Vesting Tentative Map 16.10.070 Applications Inconsistent with Current Policies 16.10.010 - Citation and Authority. This ordinance is enacted pursuant to authority granted by Chapter 4.5 (commencing with Section 66598.1) of Division 2 of Title 7 of the Government Code of the State of California (hereinafter referred to as the Vesting Tentative Map Statute), and may be cited as the Vesting Tentative Map Ordinance. Except as otherwise set forth in the provisions of this Chapter, the provisions of the Subdivision Ordinance shall apply to the processing of vesting tentative maps under this Chapter. 16.10.015 - Purpose and Intent. It is the purpose of this ordinance to establish procedures for implementing the Vesting Tentative Map Statute, and to supplement the provisions of the State Subdivision Map Act and the Subdivision Ordinance. To accomplish this purpose, the regulations set forth in this Chapter are determined to be necessary to protect the public health, safety and general welfare, and to promote orderly growth and development of the City. ).6.10.020 - Applicability. A vesting tentative map is a tentative map for a subdivision which is filed and processed in accordance with this chapter. When approved, a vesting tentative map confers a vested right to develop property after subdivision, subject to the provisions of this Chapter. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this Title, requires the filing of a tentative map or parcel map, a vesting tentative map may be filed, in accordance with these provisions. When a vesting tentative map is requested by the . subdivider, the map shall thereafter be processed as a Vesting Ordinance No. 373 Vesting Tentative Ma Page 3 • Tentative Map pursuant to this Chapter. If a subdivider does not seek the rights conferred by this Chapter, nothing in this Title shall require the filing of a vesting tentative map as 8 prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction. 26.10.030 - Filing and Processing. A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports and shall be processed in the same manner as set forth in Chapter 16.20 of this title for a tentative map except as follows: A. At the time a vesting tentative map is submitted, it shall have printed conspicuously on its face the words "Vesting Tentative Map." 3. At the time a vesting tentative map is filed, a subdivider shall also supply such information as may be determined to be necessary by the Community Development Director and Public Works Director. Such information may include but is not limited to the following: 1. The total development plan showing the precise dimensions and locations of proposed structures, buildings, streets, parking, yards, pathways, open spaces and other public or private facilities; 2. Engineering plans showing site grading, including grades and proposed drainage facilities; 3. Listing all of proposed site uses or activities to be conducted on the site, with related floor area depicted or calculations of site area to be devoted to such uses; 4. Miscellaneous plan (as appropriate) showing any exterior lighting, roof plans, site cross - sections, view sight lines, ESH mitigation plans, archaeological mitigation plans, visual quality plans, public access mitigation plans, or other features necessary to evaluate the specific proposal including the information required of community housing projects. 5. Sewer, water, storm drain, and road details, including plans, specifications and cross - sections where applicable; 6. Detailed grading plans, including soils and geological investigations where required by the Director of Public Works; and 7. Fully developed architectural elevations of all buildings, structures, signs and fencing, showing colors and materials of construction; Ordinance No. 373 Vesting Tentative Map• • Page 4 8. A landscaping plan showing plant materials, type and size of plants at the time of planting and mehhod of maintenance; 9. A plan for the long term management and protection of any dedicated open space, parkland, or public access facilities proposed for the property. C. In addition to the tentative map application, approval of all other discretionary permits required by zoning in effect at the time shall also be required. These applications will be processed concurrently with the vesting tentative map, and approvals must be obtained prior to or simultaneously with the subdivision application. 16.10.035 - Consistency. No land shall be subdivided and developed under a vesting tentative map for any purpose which is inconsistent with the State Subdivision Map Act; or with the General Plan and Local Coastal Program, any applicable specific plan, or the Zoning Ordinance (Title 17) of the City of Morro Bay. Prior to approving or conditionally approving a vesting tentative map pursuant to this Chapter and Section 16.20.080 of this Title and following such findings by the Subdivision Review Board, the Planning Commission shall find that the vesting tentative map is consistent with the general plan, the local coastal land use plan, and the zoning ordinance of the city of Morro Bay. The finding of consistency shall apply only those ordinances, policies, and standards in effect at the date the City determined that the application is complete pursuant to Section 65943 of the Government Code, unless the following has occurred: The City has done both of the following prior to the determination that the application is complete: 1. Initiated proceedings by way of ordinance, resolution, or motion, and 2. Published notice of the date, time a.nd place of a public hearing, the identity of the hearing body or officer, a general explanation of the matter to be considered and a general description, in text or by diagram, of the location of the real property that is the subject of the hearing. Such notice shall be published in a newspaper of general circulation at least 10 days prior to the hearing. Where the City has done both of the above, the finding of consistency may apply any ordinances, policies, or standards enacted or instituted as a result of the above proceedings which are in effect on the date the City approves or disapproves the tentative map. Ordinance No. 373 Vesting Tentative Map Page 5 • 16.10.040 - Fees. On filing an application for a vesting tentative map, the subdivider shall pay the application fees required by Master Fee Schedule then in effect. At the time of filing the final map or parcel map for an approved or conditionally approved vesting tentative map, the subdivider" shall pay subdivision fees in accordance with any conditions of approval of the vesting tentative map. 16.10.050 - £ xpiration. An approved vesting tentative map is valid for two years after its approval. At the end of such time period, the approval shall expire and become void unless: A. A final map or parcel map has been recorded pursuant to this title; or B. An extension has been granted (Section 16.10.060). 16.10.060 - gxtension of Time for Filing. When a subdivision has been not recorded within the time limits set by Section 16.10.050, one year time extensions may be granted as provided in this section. Extension requests shall be in writing and shall be filed with the Planning Department on or before the date of expiration of the approval or previous extension, together with any required filing fee. The Planning Commission may grant a maximum of three, one -year extensions to the initial time limit only after finding that: A. There have been no changes to the provisions of the Land Use Plan or Zoning Ordinance applicable to the project since the approval of the tentative map; or B. There have been no changes in the character of the site or its surroundings that affect how the standards of the Land Use Plan or Zoning Ordinance apply to the project; or C. There have been no changes to the capacities of community resources, including but not limited to water supply,sewage treatment or disposal facilities, roads or schools such that there is no longer sufficient remaining capacity to serve the project. Disapproval of a requested extension by the Planning Commission may be appealed to the City Council. Any rights conferred by this Chapter shall expire if a final map is not approved and recorded prior to the expiration of the vesting tentative map. 16.10.070 - Vested Development Rights on Approval of Vesting Tentative Map. A. The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinance, . Ordinance No. 373 • Vesting Tentative Map Page 6 policies, and standards in effect at the time the vesting tentative map is determined to be complete, subject to the exceptions stated in Section 16.10.035 above. At the time required building permits are issued, the subdivider shall pay construction permit fees, School District fees, and other' development fees as required by any conditions on the vesting' tentative map, however the City may adjust the amount of such fees in accordance with applicable fee schedules in effect at the time of issuance of any required grading or construction permits, unless otherwise specified in the conditions on the vesting tentative map. Except as provided in Section B below, no new type of fee established after approval of the vesting tentative map shall be applicable to development of the subdivided property. B. Notwithstanding subsection A, the City may deny or impose new conditions on any permit, approval, extension, or entitlement for development within a property subject to a vesting tentative map if it makes any of the following findings: 1. A failure to do so would place the residents or occupants of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety; or 2. The condition or denial is required in order to comply with State or Federal law. C. The rights referred to herein shall expire if a final map or parcel map is not approved before the expiration of the vesting tentative map as provided in Section 16.10.050. If the final map is approved, these rights shall last for the following periods of time: 1. An initial time period of one year. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded. 2. The initial time period set forth in C.1 above shall be automatically extended by any time used for processing a complete application for grading permit or for design or architectural review, if such processing exceed 30 days from the date an application for the permit or review is found to be complete. 3. A subdivider may apply for a one -year extension at any time before the initial time period set forth in C.1 expires. The time extension request shall be considered at a public hearing conducted by the Planning Commission. If a time extension requests is denied by the Planning Commission, the subdivider may appeal the denial to the City Council. Ordinance No. 373 Vesting Tentative Ma Page 7 • 4. If the subdivider submits a complete application• for a building permit during the periods of time specified' in subparagraphs 1 through 3, the rights referred to herein' shall continue until the expiration of that permit, or any extension of that permit. SECTION III: To implement the amondmonts adopted herein, the Council of the City of Morro Bay, California hereby directs as • lows; 1. This ordina containing the zoning amendments shall be transmitted he California Coastal Commission with the request tha the Commission certify the amendment; and 2. Said amendment shall take effect i -•'ately and automatically upon certification by the Ca .•rnia Introduced at a regular meeting of the City Council of Morro Bay, held on the 14th day of May, 1990, by motion of Councilmember Baker and seconded by Councilmember Lemons PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 29th day of May, 1990 by the following roll call vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: ARDITH DAVIS, City Clerk • • • ad. . 32,2 - �,,i/A r Sad/lice:4.o • • ORDINANCE NO. 372 AN ORDINANCE OF THE CITY COUNCIL OF MORRO BAY, CALIFORNIA, AMENDING CERTAIN SECTIONS OF CHAPTER 8.08 (EMERGENCY SERVICES) OF THE MORRO BAY MUNICIPAL CODE THE CITY COUNCIL CITY OF MORRO BAY, CALIFORNIA BE IT ORDAINED by the City Council of Morro Bay, California, that certain sections of Chapter 8.08 of the Morro Bay Municipal Code are hereby amended as follows: Section 1. Title. Chapter 8.08 shall be entitled, "Civil Defense and Emergency Services ". Section 2. Section 8.08.020 is amended in its entirety to read as follows. 8.08.020 Emergency Defined As used in this chapter, "emergency" means the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the city caused by such conditions as accidents (transportation — industrial), civil disturbances, earthquakes, epidemics, fire, flood, nuclear incident, oil spill, pipeline incident, pollution (air; water), riot, storms, tsunami (tidal wave), and hazardous materials spill or other conditions, including conditions resulting from war or imminent threat of war, which conditions are, or are likely to be, beyond the control of the services, personnel, equipment, and facilities of this city. • • Ordinance No. 372 Page 2 Section 3. Section 8.08.030 is amended in its entirety to read as follows: 8.08.030 Disaster Council— Membership. The disaster council is created and shall consist of the following: A. The City Council, who shall determine emergency policy and declare a state of local emergency if deemed necessary. B. The City Administrator, who shall be the Civil Defense Director and Chairman of the Disaster Council. C. The Fire Chief, who shall be the Civil Defense Coordinator. D. Such Department Heads as are provided for in a current emergency plan of this city, adopted pursuant to this chapter. E. Such representatives of civic, business, labor, veter- ans, professional, or other organizations having an official emergency responsibility, as may be appointed by the Civil Defense Director with the advice and con- sent of the City Council. Section 4. Section 8.08.040 is amended in its entirety to read as follows: 8.08.040 Disaster Council— Powers and Duties. It shall be the duty of the Morro Bay Disaster Council, and it is hereby empowered, to develop and recommend the adoption by the City Council, emergency and civil defense plans and agreements and such ordinances and resolutions and rules and Ordinance No. 372 Page 3 regulations as are necessary to implement such plans and agreements. The Disaster Council shall meet upon call of the Chairman, or in his absence from the City or inability to call such meeting, upon call of the Acting Civil Defense Director. Section 5. Section 8.08.050 is amended in its entirety to read as follows: 8.08.050 Civil Defense Director and Civil Defense Coordinator — Offices Created. A. There is hereby created the office of Civil Defense Director. The City Administrator shall be the Civil Defense Director and Director of Emergency Services. B. There is hereby created the office of Civil Defense Coordinator. The Fire Chief shall be the Civil Defense Coordinator and Deputy Director of Emergency Services. C. There is hereby created the office of Acting Civil Defense Director, who shall be appointed by the Civil Defense Director to serve in his /her absence. Section 6. Certain portions of Section 8.08.060 are amended to read as follows. 8.08.060 Powers and Duties of the Civil Defense Director and the Civil Defense Coordinator. B. Order of Succession to Office. The Civil Defense Director shall designate the order of succession to that office, to take effect in the event the director is unavailable to attend meetings and otherwise perform his duties during an emergency. • Ordinance 372 Page 4 C. Civil Defense Coordinator. The Civil Defense Coordinator shall assist the Civil Defense Director in all respects, particularly in coordinating the activities of City staff members and volunteer members of the emergency organization. The Civil Defense Coordinator shall, under supervision of the Civil Defense Director and with the assistance of Department Heads, develop emergency plans and manage the emergency programs of this city; and shall have such other powers and duties as may be assigned by the Civil Defense Director. Introduced at a regular meeting of the City Council of Morro Bay, held on the 23rd day of April, 1990, by motion of Councilmember Lemons , and seconded by Councilmember Baker PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting held thereof on the 14th day of May 1990. AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: ARDITH DAVIS, City Clerk ROSE MARIE S EETZ, M ad. 3 7/ - 444/4-44;" v c5240 porgicia 4gaip. • ORDINANCE N0. 371 AN ORDINANCE AMENDING MORRO BAY MUNICIPAL CODE, CHAPTER 3.08, PURCHASE AND SALE OF SUPPLIES AND EQUIPMENT THE CITY COUNCIL City of Morro Bay, California The City Council of the City of Morro Bay does ordain as follows: Section 1. That the introductory paragraph of Section 3.08.100 is hereby amended as set forth below: 3.08.100 Formal contract procedure. Except as otherwise provided in this chapter, purchases of supplies and equipment of an estimated value greater than ten thousand dollars shall be by written contract with the lowest responsible bidder pursuant to the procedure hereinafter prescribed. Section 2. That Section 3.08.100(E) is hereby amended as set forth below: 3.08.100(E) Award of Contracts. Except as otherwise provided herein, contracts shall be awarded by the City Council to the lowest responsible bidder. Fitness and quality being equal, the purchasing agent shall purchase recycled goods, paper, and paper products. The purchasing agent may give preference to the suppliers of recycled goods, paper, or paper products if the bids of these suppliers do not exceed by more than ten percent the lowest bid or price quoted by suppliers offering unrecycled goods, paper. or paper products. Section 3. That Section 3.08.100 A,B,C,D,F,G,H,I,J, and K remain unchanged. Section 4. That. Section 3.08.110 is hereby amended as set forth below: 3.08.110 Open market procedure. Purchase of supplies and equipment of an estimated value in the amount of ten thousand dollars or less may be made by the purchasing agent in the open market pursuant to the procedure hereinafter prescribed and without observing the procedure prescribed in Section 3.08.100; provided, however, all bidding may be dispensed with for purchases of supplies and equipment having a total estimated value of less than five hundred dollars. Ordinance No. 371 Page Two A. Minimum Number of Bids. Open marKet purchases shall, wherever possible, be based on at least three quotations, and shall be awarded to the entity submitting the lowest responsible quotation. B. Solicitation of Quotations. The purchasing agent or his designee shall solicit quotations for the purchases of all goods and services above five hundred dollars. Said quotations may be solicited by telephone or in writing but must be documented and attached to each purchase order at the time of issuance. Introduced at a regular meeting of the City Council of Morro Bay, held the 26th day of March. 1990, by motion of Councilmember Lemons , and seconded by Councilmember _aaket___• PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 9th day of April , 1990 by the following vote: AYES: Baker, Lemons, Odell, Wuriu, She NOES: None ABSENT: None ATTEST: 12;;ZearZ. DAVIS, City Clerk APPROVED AS TO FORM AND EFFECT: City Attorney RO MARIE SHEE Mayor • • ad ow- gy m, p_elmt eo • • ORDINANCE NO. 370 AN ORDINANCE OF CITY OF MORRO BAY ESTABLISHING PERMIT REQUIREMENTS FOR COMMERCIAL MOTION PICTURE PRODUCTIONS, TELEVISION PRODUCTIONS AND STILL PHOTOGRAPHY ON CITY PROPERTY T H E C I T Y C O U N C I L CITY OF MORRO BAY, CALIFORNIA The City Council of the City of Morro Bay does hereby ordain as follows: SECTION 1. Title 8 of the Morro Bay Municipal Code is hereby amended to include Sections 8.32.010 - 8.32.210 as follows: Chapter 8.32 PERMIT REQUIREMENTS FOR COMMERCIAL MOTION PICTURE PRODUCTIONS, TELEVISION PRODUCTIONS AND STILL PHOTOGRAPHY 8.32.010 Purpose. It is necessary to encourage commercial motion picture production, television production and still photography within the State of California. This ordinance provides the basis for the regulations governing the issuance of permits for filming, video taping, still photography and related activities on property owned, operated or administered by the City of Morro Bay. This ordinance is intended to ensure that filming, video taping and still photography is done in a manner consistent with protecting the public health and safety and public property. 8.32.020 Definitions. A. "Charitable films" includes publicity announcements, motion pictures, television programs, ,video tapes or still photography produced by a nonprofit organization, which qualifies under Section 501(c) (3) of the Internal Revenue Code or Section 23701 of the California Revenue and Taxation Code as a charitable organization. If such a nonprofit organization is involved in charitable film making, video taping or still photography, no person, directly or indirectly, may receive a profit from the marketing, production or showing of the films, video tapes or photographs. B. "Film permit rider" means a minor addition, change or deletion to the film permit, as determined by the issuing agency. • • ORDINANCE NO. 370 PAGE 2 C. "Issuing agency" shall be the City Administrator or his designated representative. D. "Location Supervisor" shall be the City police officer or employee assigned to monitor actual filming or photography operations to insure permittee conformance with City ordinances, rules and conditions and ensure the safety of the general public. E. "Motion picture production, television production and still photography" includes all activity attendant to staffing or shooting commercial motion pictures, television programs, television commercials and still photography. F. "News media" includes regularly scheduled and special news programs, excluding commercials, magazine or documentary programs. Special news programs are those which are not preplanned and which are broadcast within twenty -four (24) hours after the event. 8.32.030 Film Permit Required. Except as provided in Section 8.32.040, a person shall not use any City property in the City of Morro Bay for the purpose of motion picture production, television production or still photography without first applying for and receiving a film permit from the issuing agency. This prohibition shall not apply to use of public property which is indistinguishable from allowed general public use which does not interfere with public or City use of the property. 8.32.040 Exemptions. A. Charitable films produced by public entities or nonprofit organizations, as defined in Section 8.30.020 (a) of this ordinance, and news media, as defined in Section 8.30.020 (e) of this ordinance, are exempt from any permit fees established pursuant to this article. B. Any applicant who submits a letter written on school letterhead by a school administrator or instructor stating that the applicant is currently enrolled in a recognized United States educational institution and that the film, video tape or photograph is not for commercial release is exempt from any permit fees established pursuant to this article. C. This ordinance does not apply to the filming or video taping of motion pictures or the taking of still photographs solely for private use. D. This ordinance does not apply to reporters, photographers, cameramen or other persons engaged in on -the- spot broadcasting of news events for the news media. • • ORDINANCE NO. 370 PAGE 3 8.32.050 Policies, procedures, regulations and fees. A. The issuing agency is authorized and directed to promulgate policies, procedures and regulations governing issuance of film permits and film permit riders. The policies, procedures and regulations shall include provisions for personnel and property usage charges. The issuing agency may require that the film company include an appropriate credit to the City acknowledging the assistance provided in making the film pursuant to the permit. B. To ensure cleanup and restoration of a site, the issuing agency may require an applicant to post cash or a certificate of deposit, amount to be determined by issuing agency at the time the application is submitted. On completion of all production activities and inspection of the site by the issuing agency, the cash or certificate of deposit may be returned minus any expenses incurred by the issuing agency for site clean -up or restoration. The permit application shall be on a form furnished by the City and signed by the applicant or agent thereof. Such form shall include, but not be limited to, the following information: A. Name, address, and telephone number of the product - tion company. B. Name, address, and telephone number of person in charge of filming on location. C. Filming location(s), dates and approximate daily call times of proposed filming activity. D. Description of scenes to be filmed including details of any hazardous filming activity employing fire- arms, explosives, the use of open flame, other pyro- technical effects, animals, stunts, filming of moving vehicles, watercraft or aircraft. E. Description of the types and number of motor vehi- cles which will be parked on public streets, and description of any equipment to be placed on public property. F. Evidence of adequate insurance coverage as required by Section 8.30.070. G. The number of cast /crew to be present. H. Such other information as the issuing agency may require. 8.32.060 Indemnification. The Permittee shall defend, indemnify and save harmless the City, its officers, agents and employees from any and all claims, demands, damages, costs, expenses, or liability occasioned by motion picture production, television production and still photography productions arising out of issuance of the permit, including but not limited to equitable relief, or any wrongful act or any negligent act or • • ORDINANCE NO. 370 PAGE 4 omission to act on the part of the Permittee, or of agents, employees, or independent contractors directly responsible to the Permittee; providing further that the foregoing shall apply to any wrongful acts, or any actively or passively negligent acts or omissions to act, committed jointly or concurrently by the Permittee, the Permittee's agents, employees, or independent contractors. 8.32.070 Insurance. Auto and Comprehensive General Liability Insurance: Permittee shall maintain in full force and effect for the duration of the permit, automobile insurance and comprehensive general liability insurance with an insurance carrier satisfactory to the City, which insurance shall include protection against claims arising from personal injury, including death resulting therefrom, and damage to property resulting from any actual occurrence arising out of the issuance of the permit. The amounts of insurance shall not be less than the following: A. Single limit coverage applying to bodily and personal injury, including death resulting there- from, and property damage or a combination thereof in an amount to be established by the issuing agency. The following endorsements must be attached to the policy or policies: 1. If the insurance policy covers on an "accident" basis, it must be changed to "occurrence ". 2. The policy must cover personal injury as well as bodily injury. 3. Broad form property damage liability must be afforded. 4. The City of Morro Bay, its officers, employees, and agents, shall be named insured under the policy and the policy shall stipulate that the insurance will operate as primary insurance and that no other insurance effected by the City will be called upon to contribute to a loss hereunder. 5. Contractual liability either on a blanket basis or by identifying the permit within a contractual liability endorsement. 6. "Cross- liability" such that each insured is covered as if separate policies had been issued to each insured. B. Worker's Compensation and Employers' Liability Insurance: In accordance with the provision of Section 3700 of the Labor Code of the State of • • ORDINANCE NO. 370 PAGE 5 California, Permittee is required to be insured against liability for Workers' Compensation or to undertake self- insurance. Permittee agrees to comply with such provisions before commencing the motion picture, television or still photography production on county property. C. The following requirements apply to all insurance to be provided by Permittee: 1. Permittee shall provide insurance endorsements prior to commencement of the production allowed by the permit. Insurance endorsements are necessary before a permit will be issued. 2. Endorsements shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to City. 3. Approval of the insurance by City shall not relieve or decrease the extent to which the Permittee may be held responsible for payment of damages resulting from motion picture, television, or still photography production on City property allowed by the permit. 4. If Permittee fails or refuses to procure or maintain the insurance required by this paragraph, or fails or refuses to furnish City with required proof that insurance has been procured and is in force and paid for, City shall have the right, at City's election, to forthwith revoke the permit. 8.32.080 Issuing agency duties. The issuing agency shall: A. Coordinate with City departments, agencies and districts for the approval and issuance of facility usage permits required to film, video tape or photograph on their respective city property. B. Collect all appropriate charges and fees. C. With the assistance of the appropriate City departments, agencies and districts, monitor the activities of permittees to assure compliance with permit requirements. D. Perform such other duties as may be prescribed by the City Council. 8.32.090 Denial of permit. The issuing agency within its sound discretion, may deny granting a film permit or a film permit rider for any reasonable cause if it is contrary to the public health , safety or welfare, or if the issuing agency deter- mines that the requested activities may unreasonably inter- fere with the normal operation or use of the property. • • ORDINANCE NO. 370 PAGE 6 8.32.100 Deadline for filing application. Applications for a film permit must be filed with the issuing agency a minimum of two (2) business days in advance of the date the film activity is to begin; except that an application for a permit which includes traffic controls exceeding 3 minutes, minor stunts, minor special effects shall require a minimum of four (4) working days notice, and those which include street closures, major stunts, or pyrotechnics must be filed a minimum of ten (10) business days in advance of the first day of filming. 8.32.110 Permit conditions. The issuing agency may condition the issuance of a film permit by imposing .reasonable requirements concerning the time, place, manner and duration of filming activities as referenced and attached to the Film Permit, including but not limited to, the following: A. Requirements for the presence of employees of the City as the applicant's expense, when required for the particular filming activity. B. Requirements concerning posting of no parking signs, placement of traffic control devices, and employment of traffic and crowd control monitors at the applicant's expense. C. Requirements concerning posting of the outer boundaries of the filming activity, and providing advance notice to affected property owners /businesses and tenants. D. Requirements concerning the cleanup and restoration of public streets and City property employed in the filming activity. E. Restrictions concerning the use of City or other public agency employee services, vehicles and other equipment in the filming activity. G. Restrictions on the use of firearms, explosions, and other noise - creating or hazardous devices which disturb the peace. H. Restrictions on the use of stunts involving pyrotechnics, open flame, vehicle crashes or other hazardous materials. I. Requirements concerning cover -up of police, fire and other official uniforms worn by actors, when the actors are not on camera. • • ORDINANCE NO. 370 PAGE 7 J. Restrictions concerning the use of City and other public agencies logos, insignias, badges or decals for filming purpose. K. Restrictions on the locations and /or daily hours the filming activity may be conducted within the City. L. Restricts use of water for special effects to non - portable or other non -City sources. 8.32.120 Permit riders. Upon reasonable written notice by the permittee in advance of the filming activity, the issuing agency is authorized to change the date for which the film permit has been issued without requiring a new application or permit. Permittee shall show good cause for such a change if requested. 8.32.140 Street closure. The permittee may request that the issuing agency authorize a street closure on the film permit for specified time(s) and location(s). The issuing authority may authorize such a closure in conformance with City Engineer requirements to include partial or full closure for limited periods of time, detours proposed and advance warning signs /traffic control devices. 8.32.150 Pyrotechnics of hazardous materials. During the filming of any special effect or stunt requiring the use of pyrotechnics or any material deemed hazardous, including but not limited to fireworks, open flames, or explosives, the applicant shall obtain a fire permit from the City Fire Department. 8.32.160 Vehicle filming on City beach property. In conformance with Morro Bay Municipal Code Section 10.28.190 filming of vehicles on City beach property is prohibited unless specifically permitted by the issuing agency. Support vehicles to deliver or pick -up filming equipment and filming of static vehicles may be permitted. All other vehicle uses on City beach property are prohibited. 8.32.170 Aircraft use. In conformance with the Morro Bay Municipal Code a permit for aircraft or helicopter landing shall be obtained as set forth in Section 8.30 should filming from an aircraft • ORDINANCE NO. 370 PAGE 8 or helicopter be requested. Aircraft use may be permitted by the issuing agency in accordance with Federal Aviation Administration (FAA) guidelines. 8.32.180 Filming prohibited in environmentally - sensitive habitat area. Filming shall not be permitted under any circumstances in any environmentally - sensitive habitat as identified pursuant to Morro Bay Municipal Code Chapter 17.42. 8.32.190 Park on facility use. Use of City parks, open space or facilities may be permitted by the issuing agency as found in Morro Bay Municipal Code Section 2.24.150. 8.32.200 Permit suspension. The location supervisor may immediately suspend the film permit if the permittee, or any agents, employee or contractors of the permittee fail to comply with the requirements of this chapter or when the filming activity poses an immediate hazard to persons or property and the permittee will not, or cannot, prevent the hazard after being instructed to do so by the location supervisor. 8.32.210 Permit revocation. The issuing agency may revoke the film permit if the permittee, or any agents, employees or contractors of the permittee fail to comply with the requirements set forth in this chapter, harass endangered wildlife or when it is determined that the permit application was false in any material detail. Introduced at a regular meeting of the City Council of Morro Bay held the.l2thday of March, 1990, by motion of Councilmember Lemons and. seconded by Councilmember Baker. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 9th_day of April, 1990 by the following roll call vote: • • ORDINANCE NO. 370 PAGE 9 AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ASSENT: None ATTEST: ARDITH DAVIS, CITY CLERK APPROVED AS TO FORM AND LEGAL EFFECT: F: \W \OMOTION • • Did w - d,r6ve‘ec eze y&;I: • • ORDINANCE NO. 369 AN ORDINANCE OF THE CITY OF MORRO BAY AMENDING CHAPTER 8.16 OF THE MORRO BAY MUNICIPAL CODE TO ESTABLISH A CITY -WIDE CURBSIDE RECYCLING PROGRAM T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City Council of the City of Morro Bay adopted September 14, 1981 Ordinance No. 214 amending Chapter 8.16 of the Morro Bay Municipal Code to establish a mandatory refuse collection system; and WHEREAS, there is a solid waste disposal crisis at national, state and local levels due to less landfill capacity and an increasing volume of solid waste generated by individuals and commercial, industrial, institutional, and government sectors; and WHEREAS, the City's Refuse Collection Franchise Board has studied for approximately two years alternative methods of recycling to divert recyclable materials from the waste stream and disposal at a landfill and has also studied related issues, variables, cost factors, efficiency, effectiveness, advantages, and disadvantages; and WHEREAS, the California Integrated Solid Waste Management Act of 1989 (AB 939 -Sher) mandates waste diversion goals of 25% and 50% by January 1, 1995 and 2000, respectively, and requires the preparation of a Source Reduction and Recycling Element (SRRE) by each city and county by July 1, 1991 as well as implementation according to a timetable in each SRRE as approved by the newly - formed California Integrated Waste Management and Recycling Board; and WHEREAS, the League of California Cities, County Supervisors Association of California, and California Solid Waste Management Board are urging cities and counties to implement curbside recycling programs as soon as possible concurrent with the preparation of SRREs to gain credit toward the aforesaid mandated waste diversion goals, thereby substantially increasing public awareness of the solid waste disposal crisis at national, state, and local levels and the need to recycle; and • 6 ORDINANCE NO. 369 PAGE 2 WHEREAS, upon the recommendation of the Refuse Collection Franchise Board, the City Council of the City of Morro Bay approved on January 8, 1990 the implementation of a City -wide voluntary participation residential and commercial curbside recycling program as proposed by Morro Bay Garbage Service (MBGS), the City's franchised refuse collector, including certain conditions recommended by the City Refuse Collection Franchise Board to which Morro Bay Garbage Service agreed, and corresponding 8.38% across - the -board rate increase for all residential and commercial refuse accounts to fund said program regardless of a refuse collection customer's participation in said recycling program, and directed Staff to prepare appropriate implementation documents for adoption at a future meeting; and WHEREAS, the Refuse Collection Franchise Agreement between City and MBGS grants to MBGS rights to all solid wastes generated within the City of Morro Bay and gives MBGS the first right of refusal to collect and remove recyclable materials from the premises of all residential and commercial refuse collection customers; and WHEREAS, City and MBGS desire to provide for the curbside collection and removal by MBGS from the City of Morro Bay certain recyclable materials from residential and commercial refuse customers pursuant to the terms and conditions set forth in an amendment to the Refuse Collection Franchise Agreement dated March 12, 1990; and WHEREAS, the solution to the solid waste disposal crisis is second in importance only to the solution to the City's water problem; and WHEREAS, recycling is no longer an optional solid waste management strategy; rather, it is a necessary element in an effective integrated solid waste management program and has a cost factor as does refuse collection; and WHEREAS, landfill capacity is a scarce resource and it is in the public interest and essential to the preservation and enhancement of the health, safety, and welfare of all citizens of the City of Morro Bay to establish said curbside recycling program, thereby reducing the waste stream disposed at a landfill and encouraging public awareness of the need to recycle and change other aspects of the public's individual and collective waste disposal habits. NOW THEREFORE, the City Council of the City of Morro Bay does hereby ordain as follows: 1. The City Council does hereby make each and all of the findings and statements set forth hereinabove. • • ORDINANCE NO. 369 PAGE 3 2. Sections 8.16.010, 8.16.020, 8.16.050, 8.16.080, 8.16.120, 8.16.170, and 8.16.360 of Chapter 8.16 of the Morro Bay Municipal Code are hereby amended as set forth hereinbelow. Section 8.16.010 Purpose is hereby amended to read as follows: The health, welfare, and safety of the people of the city require that regulations and procedures be established that will provide for the storage, collection and disposal of refuse and waste materials that accumulate within the city, including recyclable materials. To assure the existence and continuance of a collection and disposal system that will benefit all citizens of the city, it is necessary that regulations and procedures be established as set forth in this chapter. Section 8.16.020 Short title is hereby amended to change the Short Title from "refuse control ordinance" and shall read as follows: This Chapter shall be known as the Solid Waste Management Ordinance. All reference to "refuse ordinance" in this Chapter are hereby amended to read "solid waste ordinance." Section 8.16.050 Garbage defined is hereby amended to read as follows: "Garbage" means trimmings and leftovers from the preparation of meals, and spoiled and wasted foods from homes, restaurants, markets and other accommodations occupied by human beings, and the unwashed paper, cardboard, wood, metal, plastic or glass containers and to which putrescible food particles may adhere, including recyclable materials. Section 8.16.080 Refuse defined is hereby amended to read as follows: "Refuse" means all putrescible or nonputrescible solid and semisolid waste, whether combustible or noncombustible, including garbage, rubbish, and recyclable materials, but excluding waste materials as defined in Section 8.16.130. Section 8.16.120 Solid waste defined is hereby amended to read as follows: "Solid waste" is the term used to collectively refer to garbage, rubbish, refuse, and other waste materials, and includes recyclable materials. • • ORDINANCE NO. 369 PAGE 4 Section 8.16.170(B) Use of solid waste collection and disposal service mandatory Solid waste collection and disposal service subject to the limitations noted in this chapter shall be provided by the city, and it shall be mandatory for all places and premises in the city in or on which solid waste is created, accumulated or produced to use the city's collection service, except for the curbside recvclinq program, in which participation is voluntary. Section 8.16.360 Rates established is hereby amended to read as follows: The city council shall, by resolution, establish the rates to be charged for the mandatary collection of refuse all solid waste and waste material by a licensed and duly contracted refuse collector. The city council shall additionally have the authority to establish rates for ether special circumstances as determined by the city council such as but not limited to hardship cases where placing of material at curbline for residential collection is impractical. Rates and basis are given in the Master Fee Schedule. 3. Sections 8.16.035, 8.16.075, 8.16.076, 8.16.077, and 8.16.500 are hereby added to Chapter 8.16 of the Morro Bay Municipal Code as set forth hereinbelow. Section 8.16.035 Curbside recycling defined is hereby added and shall read as follows: "Curbside recycling" means the physical separation of recyclable materials from other waste materials by a refuse customer for placement in a separate container or containers or the binding of recyclable materials separately from other waste materials for placement at the curb for collection and removal by refuse collector using a separate recycling vehicle for which a fee may be charged as part of the refuse collection rate. Section 8.16.075 Recycle or recycling defined is hereby added and shall read as follows: "Recycle" or "recycling" means the process of collecting. sorting. cleansing, treating and reconstituting materials that would otherwise become a part of the solid waste stream disposed at a landfill, and returning them to the economic mainstream in the form of raw materials for new, reused, or reconstituted products which meet the quality standards to be used in the marketplace. • • ORDINANCE NO. 369 PAGE 5 Section 8.16.076 Recycling container defined is hereby added and shall read as follows: "Recvclinq container" means a container(s) provided by refuse collector for the purpose of storing recvclables to be collected in a curbside recycling program for collection on each residential and commercial refuse collection customer's regular refuse collection day. Section 8.16.077 Recyclable or recyclable material defined is hereby added and shall read as follows: "Recyclable" or "recyclable material" means any material in the solid waste stream that can be recycled. Article XIII Curbside Recycling is hereby added to Chapter 8.16 of the Morro Bay Municipal Code, commencing with Section 8.16.500 Curbside Recycling Program, and shall read as follows: 8.16.500 Curbside Recycling Program A city -wide curbside recycling program shall be conducted pursuant to such terms, conditions. circumstances, regulations, and procedures as determined by the city council and set forth by resolution and /or amendment to the franchise agreement with refuse collector. The refuse collector shall provide upon the request of any residential or commercial refuse collection customer or account suitable containers, as determined by mutual agreement of the City Administrator or his designated representative and refuse collector. for the purpose of recycling glass, aluminum cans, newspapers, and such other recyclable materials as may be added to the curbside recycling program in the future. Refuse collection customers participating in said recycling program shall place the recvclables specified for collection in the recycling container provided by refuse collector and place said container adiacent to the customer's standard refuse container(s) on each customer's regular refuse collection day. The refuse collector shall collect and remove such recyclables from each participating customer's premises and transport said recyclables to an appropriate facility for processing. The city council shall have the authority to adopt by resolution fees or charges to finance said recycling program pursuant to Resolution No. 34 -82 establishing a policy relating to rate increases for refuse collection service. Residential and commercial refuse collection customers may recycle through other organizations of their choice; however. all refuse collection customers, including • • ORDINANCE NO. 369 PAGE 6 those not participating in said recycling program, shall be required to pay a fee for said program as part of the refuse collection charge as determined by the city council pursuant to this section and Section 8.16.170 (A) and (C) of the Morro Bay Municipal Code. INTRODUCED at a regular meeting of the City Council of the City of Morro Bay held on the 12th day of March, 1990, by motion of Councilmember _ Lemons and seconded by Councilmember Baker PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 26th day of March, 1990 by the following roll call vote: AYES: Baker, Lemons, Wuriu, Sheetz NOES: None ABSTAIN: Odell ABSENT: None ARDITH DAVIS, City Clerk /RO E MARIE SHEETZ, Mayor APPROVED AS TO FORM AND LEGAL EFFECT: JUD' SOUSEN, CYty Attorney • • •0/11 36 g' V-0 l 4 • 1 ORDINANCE NO.367 AN ORDINANCE OF THE CITY OF MORRO BAY AMENDING SECTION 2.24.110, C OF THE MORRO BAY MUNICIPAL CODE ELIMINATING A REQUIRED DECEMBER COUNCIL MEETING WITH THE RECREATION AND PARK COMMISSION' T H E C I T Y C O U N C I L City of Morro Bay The City Council of the City of Morro Bay does hereby ordain as follows: SECTION 1. That paragraph C of Section 2.24.110 of the Morro Bay Municipal Code be amended to read as follows: C. Meet with the city council in March of each year to discuss proposed policies, programs, budgeting future needs or other matters requiring joint deliberation; ") • INTRODUCED at a regular meeting of the City Council of Morro Bay held the 8th day of January, 1990, by motion of Councilmember Baker and seconded by Councilmember Wuriu. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the .2JwDday of January, 1990 by the following roll call vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: ARDITH DAVIS, CITY CLERK 0 =E MARIE SHE APPROVED AS TO FORM AND LEGAL EFFECT: J DY SKOUSEN; CITY ATTORNEY Z • • a 1 'ese — 1 i gii? 57-4;rnit Seteri lezirez.ni, • ORDINANCE NO. 366 CHAPTER 14.18 AN ORDINANCE OF THE CITY OF MORRO BAY ESTABLISHING A SEISMIC SAFETY PROGRAM BY REDUCING EARTHQUAKE HAZARD IN EXISTING BUILDINGS The City Council of the City of Morro Bay does hereby ordain as follows: SECTION 1. Title 14 of the Morro Bay Municipal Code is hereby amended to add a new Chapter 14.18 as follows: SECTION 14.18.10 - PURPOSE. The purpose of this chapter is to promote public safety and welfare by reducing the risk of death or injury that may result from the effects of earthquakes on unreinforced masonry bearing wall buildings constructed prior to the County of San Luis Obispo's adoption of the 1955 edition of the Uniform Building Code. Such buildings have been widely recognized for sustaining life- hazardous damage, including partial or complete collapse during moderate to strong earthquakes. The provisions of this chapter are intended as minimum standards for structural seismic resistance established primarily to reduce the risk of life loss or injury. Compliance with these standards will not necessarily prevent loss of life or injury or prevent earthquake damage to rehabilitated buildings. This chapter does not require alteration of existing electrical, plumbing, mechanical or fire safety systems unless they constitute a hazard to life or property. This chapter provides systematic procedures and standards for identification and classification of unreinforced masonry bearing wall buildings based on their present use. Priorities, time periods and standards are also established under which these buildings are required to be structurally analyzed and anchored. Where the analysis finds deficiencies, this chapter requires the building to be strengthened or demolished. SECTION 14.18.20 - SCOPE. The provisions of this chapter shall apply to all buildings constructed or under construction prior to July, 1957, which on the effective date of this ordinance have unreinforced masonry bearing walls as defined herein. 1 • • EXCEPTION: This section shall not apply to detached one or two family dwellings and detached apartment houses containing less than five dwelling units and used solely for residential purposes. SECTION 14.18.30 - DEFINITIONS. A. For purposes of this chapter, the applicable definitions in Sections 2302 and 2312 of the 1985 Uniform Building Code (hereinafter 1985 UBC) shall apply. Chapters 23 and 24 of the 1985 edition of the Uniform Building Code are incorporated herein by reference and hereby adopted for the purposes of this Chapter only and made a part hereof as though set forth in full herein. B. LOW RISK BUILDING: Any building, not classified as an essential building, having an occupant load of less than 20 occupants as determined by Section 3302(a) UBC. C. MEDIUM RISK BUILDING: Any building, not classified as a high risk building or an essential building, having an occupant load of 20 occupants or more as determined by Section 3302(a) UBC. D. UNREINFORCED MASONRY BEARING WALL: A masonry wall having all of the following characteristics: 1. Provides the vertical support for a floor or roof. 2. The total superimposed load is over 100 pounds per linear foot. 3. The area of reinforcing steel is less than 50 percent of that required by Section 2407(h) UBC. SECTION 14.18.40 - RATING CLASSIFICATIONS. The rating classifications shown in Table No. 14.18 -A are hereby established and each building within the scope of this chapter shall be placed in one such rating classification by the building official. The total occupant load of the entire building as determined by Section 3302(a) UBC shall be used to determine the rating classification. EXCEPTION: For the purpose of this chapter, portions of buildings constructed to act independently when resisting seismic forces may be placed in separate rating classifications. 2 • • SECTION 14.18.50 - NOTIFICATION The building official shall notify the legal owner of each building within the scope of this ordinance that the building is considered to be one of the general type of structures that historically has exhibited little resistance to earthquake motion. SECTION 14.18.60 - GENERAL REQUIREMENTS. The owner of each building within the scope of this chapter shall cause a structural analysis of said building to be made by a civil or structural engineer or architect licensed by the State of California. If the building does not meet the minimum earthquake standards specified in this chapter, the owner shall either cause it to be structurally altered to conform to such standards; or cause the building to be demolished. SECTION 14.18.70 - ADMINISTRATION. A. Service and Order. An order, to comply with this chapter, as provided in Section 14.18.70 B, to the owner of each building within the scope of this chapter may be issued by the building official. Upon receipt of a written request from the owner, the building official shall order a building to comply. B. Contents of Order. The order shall be in writing and shall be served either personally or by certified or registered mail upon the owner as shown on the last equalized assessment, and upon the person, if any, in apparent charge or control of the building. The order shall specify that the building has been determined by the building official to be within the scope of this chapter and, therefore, is required to meet the minimum seismic standards of this chapter. The order shall specify the rating classification of the building and shall be accompanied by a copy of Section 14.18.80 which sets forth the owner's alternatives and time limits for compliance. C. Appeal Form Order. The owner or person in charge or control of the building may appeal to the Planning Commission the building official's initial determination that the building is within the scope of this chapter. Any such appeal must be filed with the Planning Commission within 45 days from the service date of the order described in Section 14.18.70 B. Any such appeal shall be decided by the Planning Commission no later than 45 days after the date that the appeal is filed. Such appeal shall be made in writing upon appropriate forms provided therefore, by the building official and the grounds thereof shall be stated clearly and concisely. Each appeal shall be accompanied by a filing fee as set forth Master Fee Schedule. 3 • Appeals or requests for slight modifications from any other determinations, orders or actions by the building official pursuant to this chapter, shall be made in accordance with the normal appeal procedures established in this code. D. Recordation. At the time that the aforementioned order is served, the building official shall file with the office of the county recorder a certificate stating that the subject building is within the scope of Chapter 14.18 - Earthquake Hazard Reduction in Existing Buildings. The certificate shall also state that the owner thereof has been ordered to structurally analyze the building and to structurally alter or demolish it where it is not found to comply with Chapter 14.18. If the building is found not to be within the scope of this chapter, or as a result of structural alterations or an analysis is found to be structurally capable of resisting minimum seismic forces required by this chapter; or is demolished; the building official shall file with the office of the county recorder a certificate terminating the status of the subject building as being classified within the scope of Chapter 14.18 - Earthquake Hazard Reduction in Existing Buildings. E. Enforcement. If the owner or other person in charge or control of the subject building fails to comply with any order issued by the building official pursuant to this chapter within any of the time limits set forth in Section 14.18.80, the building official shall order the entire building vacated and remain vacated until such order has been complied with. If compliance with such order has not been accomplished within 90 days after the date the building has been ordered vacated, or by such additional time as may have been granted by the appeals board, the building official may order demolition of the building in accordance with the Abatement of Dangerous Buildings provisions of this code. 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. Within one (1) year after the service of the order, 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. Within one (1) year after the service of the order, the structural analysis and plans for the proposed structural alterations of the building necessary to comply with the minimum requirements of this chapter; or 4 • 3. Within one (1) year after service of the order, plans for the installation of wall anchors in accordance with the requirements specified in Section 14.18.90 C; or 4. Within one (1) year after the service of the order, plans for the demolition of the building. B. After plans are submitted and approved by the building official, the owner shall obtain a building permit, commence and complete the required construction or demolition within the time limits set forth in Table No. 14.18 -B. C. Owners electing to comply with Subsection (3) of this section are also required to comply with Subsections (2) or (4) of this section provided, however, that the one (1) year period provided for in such Subsections (2) and (4) and the time limits for obtaining a building permit, commencing construction and completing construction for complete structural alterations or building demolition set forth in Table No. 14.18 -B shall be extended in accordance with Table No. 14.18 -C. Each such extended time limit, except the time limit for commencing construction shall begin to run from the date the order is served in accordance with Section 14.18.70 B. The time limit for commencing construction shall commence from the date the building permit is issued. SECTION 14.18.90 - ANALYSIS AND DESIGN. A. General. Every structure within the scope of this section shall be analyzed and constructed to resist minimum total lateral seismic forces assumed to act nonconcurrently in the direction of each of the main axes of the structure in accordance with the following equation: V= ZIKCSW (14.18 -1) The value of IKCS need not exceed the values set forth in Table No. 14.18 -D based on the applicable rating classification of the building. B. Lateral Forces on Elements of Structures. Parts or portions of structures shall be analyzed and designed for lateral loads in accordance with Subsections 14.18.90 A and 2312(e) of the 1985 UBC but not less than the value from the following equation: Fp =ZICp SWp (14.18 -2) For the provisions of this subsection, the product of IS need not exceed the values as set forth in Table No. 14.18 -E. EXCEPTION: Unreinforced masonry walls in buildings not having a rating classification of A or B may be analyzed in accordance with Section 14.18.100. 5 • • The value of Cp need not exceed the values set forth in Table 14.18 -F. C. Anchorage and Interconnection. Anchorage and interconnection of all parts, portions and elements of the structure shall be analyzed and designed for lateral forces in accordance with Table No. 14.18 -F of this code and the equation Fp =ZICp SWp as modified by Table No. 14.18 -E. Minimum anchorage of masonry walls to each floor or roof shall resist a minimum force of 200 pounds per linear foot acting normal to the wall at the level of the floor or roof. D. Level of Required Repair. Alterations and repairs required to meet the provisions of this chapter shall comply with all other applicable requirements of the Uniform Building Code unless otherwise specifically provided for in this chapter. E. Required Analysis. 1. General. Except as modified herein, the analysis and design relating to the structural alteration of existing structures within the scope of this chapter shall be in accordance with the analysis specified in 1985 UBC Chapter 23. 2. Continuous Stress Path. A complete, continuous stress path from every part or portion of the structure to the ground shall be provided for the required horizontal forces. 3. Positive Connections. All parts, portions or elements of the structure shall be interconnected by positive means. F. Analysis Procedure. 1. General. Stresses in materials and existing construction utilized to transfer seismic forces from the ground to parts or portions of the structure shall conform to those permitted by the UBC and those materials and types of construction specified in Section 14.18.100. 2. Connections. Materials and connectors used for interconnection of parts and portions of the structure shall conform to the Uniform Building Code. Nails may be used as part of an approved connector. 3. Unreinforced Masonry Walls. Except as modified herein, unreinforced masonry walls shall be analyzed as specified in 1985 UBC Section 2406, 2407 and 2408 to withstand all vertical loads as specified in Chapter 23 of the 1985 UBC in addition to the seismic forces required by this chapter. The 50 percent increase in the seismic force factor for shear walls as specified in Section 2407(h)4F of the 1985 UBC may be omitted in the computation of seismic loads to existing shear walls. 6 • 1 No allowable tension stress will be permitted in unreinforced masonry walls. Walls not capable of resisting the required design forces specified in this chapter shall be strengthened or shall be removed and replaced. EXCEPTIONS: 1. Unreinforced masonry walls in buildings classified as a Rating Classification A or B pursuant to Table No. 14.18 -A may be analyzed in accordance with Section 14.18.100. 2. An unreinforced masonry wall which carries no design loads other than its own weight may be considered as veneer if it is adequately anchored to new supporting elements. G. Combination of Vertical and Seismic Forces. 1. New Materials. All new materials introduced into the structure to meet the requirements of this section which are subjected to combined vertical and horizontal forces shall comply with 1985 UBC Section 2303(f). 2. Existing Materials. When stresses in existing lateral force resisting elements are due to a combination of dead loads plus live loads plus seismic loads, the allowable working stress specified in the UBC may be increased 100 percent. However, no increase will be permitted in the stresses allowed in Section 14.18.100, and the stresses in members due only to seismic and dead loads shall not exceed the values permitted by Section 2303(d) of the 1985 UBC. 3. Allowable Reduction of Bending Stress by Vertical Load. In calculating tensile fiber stress due to seismic forces required by this chapter, the maximum tensile fiber stress may be reduced by the full direct stress due to vertical dead loads. SECTION 14.18.100 - MATERIALS OF CONSTRUCTION. A. General. All materials permitted by the UBC including their appropriate allowable stresses and those existing configurations of materials specified herein may be utilized to meet the requirements of this chapter. B. Existing Materials. 1. Unreinforced Masonry Walls. Unreinforced masonry walls analyzed in accordance with this Section may provide vertical support for roof and floor construction and resistance to lateral loads. The facing and backing of such walls shall be bonded so that not less than 4 percent of the exposed face area is composed of solid headers extending not 7 • • less than 4 inches into the backing. The distance between adjacent full - length headers shall not exceed 24 inches vertically or horizontally. Where the backing consists of two or more wythes the header shall extend not less than 4 inches into the most distant wythe, or the backing wythes shall be bonded together with separate headers whose area and spacing conform to the foregoing. Tension stresses due to seismic forces normal to the wall may be neglected if the walls do not exceed the height to thickness ratio in Table No. 14.18 -G and the in -plane shear stresses due to seismic loads as set forth in Table No. 14.18 -J. If the wall height- thickness ratio exceeds the specified limits, the wall may be supported by vertical bracing members designed in accordance with Section 14.18.90. The deflection of such bracing member at design loads shall not exceed one -tenth of the wall thickness. EXCEPTION: The wall may be supported by flexible vertical bracing members designed in accordance with Section 14.18.90 B if the deflection at design loads is not less than one - quarter nor more than one -third of the wall thickness. All vertical bracing members shall be attached to floor and roof construction for their design loads independently of required wall anchors. Horizontal spacing of vertical bracing members shall not exceed one -half the unsupported height of the wall nor ten feet. The wall height may be measured vertically to bracing elements other than a floor or roof. Spacing of the bracing elements and wall anchors shall not exceed six feet. Bracing elements shall be detailed to minimize the horizontal displacement of the wall by components of vertical displacements of the floor or roof. 2. Existing Roof, Floors, Walls, Footings, and Wood Framing. Existing materials including wood shear walls utilized in the described configuration may be used as part of the lateral load resisting system, provided that the stresses in these materials do not exceed the values shown in Table No. 14.18 -H. C. Strengthening of Existing Materials. New materials including wood shear walls may be utilized to strengthen portions of the existing seismic resisting system in the described configurations provided that the stresses do not exceed the values shown in Table 14.18 -I. D. Alternate Materials. Alternate materials, designs and methods of construction may be approved by the building official in accordance with the provisions of the Uniform Building Code. 8 • 1 E. Minimum Acceptable Quality of Existing Unreinforced Masonry Walls. 1. General Provisions. All unreinforced masonry walls utilized to carry vertical loads and seismic forces parallel and perpendicular to the wall plane shall be tested as specified in this subsection. All masonry quality shall equal or exceed the minimum standards established herein or shall be removed and replaced by new materials. Alternate methods of testing may be approved by the building official. The quality of mortar in all masonry walls shall be determined by performing in -place shear tests or by testing eight inch diameter cores. Alternative methods of testing may be approved by the building official. Nothing shall prevent pointing with mortar of all the masonry wall joints before the tests are first made. Prior to any pointing, the mortar joints must be raked and cleaned to remove loose and deteriorated mortar. Mortar for pointing shall be Type S or N except that masonry cements shall not be used. All preparation and mortar pointing shall be done under the continuous inspection of a Registered Deputy Building Inspector. At the conclusion of the inspection, the inspector shall submit a written report to the licensed engineer or architect responsible for the seismic analysis of the building setting forth the result of the work inspected. Such report shall be submitted to the building official for approval as part of the structural analysis. All testing shall be performed in accordance with the requirements specified in this subsection by a testing agency approved by the building official. An accurate record shall be kept of all such tests and of their locations in the building, and those results shall be submitted to the building official for approval as part of the structural analysis. 2. Number and Location of Tests. The minimum number of tests shall be two per wall or line of wall elements resisting a common force, or 1 per 1,500 square feet of wall surface, with a minimum of eight tests in any case. The exact test or core location shall be determined at the building site by the licensed engineer or architect responsible for the seismic analysis of the subject building. 3. In -Place Shear Tests. The bed joints of the outer wythe of the masonry shall be tested in shear by laterally displacing a single brick relative to the adjacent bricks in that wythe. The opposite head joint of the brick to be tested shall be removed and cleaned prior to testing. The minimum quality mortar in 80 percent of the shear tests shall not be less than the total of 30 psi plus the axial stress in the wall at the point of the test. The shear stress shall be based on the gross area of both bed joints and shall be that at which movement of the brick is first observed. 9 • • 4. Core Tests. A minimum number of mortar test specimens equal to the number of required cores shall be prepared from the cores and tested as specified herein. The mortar joint of the outer wythe of the masonry core shall be tested in shear by placing the circular core section in a compression testing machine with the mortar bed joint rotated 15 degrees from the axis of the applied load. The mortar joint tested in shear shall have an average ultimate stress of 20 psi based on the gross area. The average shall be obtained from the total number of cores made. If test specimens cannot be made from cores taken, then the shear value shall be reported as zero. F. Testing of Shear Bolts. One - fourth of all new shear bolts and dowels embedded in unreinforced masonry walls shall be tested by a Special Inspector using a torque calibrated wrench to the following minimum torques: 1/2" diameter bolts or dowels = 40 foot -lbs. 5/8" diameter bolts or dowels = 50 foot -lbs. 3/4" diameter bolts or dowels = 60 foot -lbs. No bolts exceeding 3/4" shall be used. All nuts shall be installed over malleable iron or plate washers when bearing on wood and heavy cut washers when bearing on steel. G. Determination of Allowable Stresses for Design Methods Based on Test Results. 1. Design Shear Values. Design seismic in -plane shear stresses shall be substantiated by tests performed as specified in Section 14.18.100 E (3) and (4). Design stresses shall be related to test results obtained in accordance with Table No. 14.18 -J. Intermediate values between 3 and 10 psi may be interpolated. 2. Design Compression and Tension Values. Compression stresses for unreinforced masonry having a minimum design shear value of 3 psi shall not exceed 100 psi. Design tension values for unreinforced masonry shall not be permitted. H. Five percent of the existing rod anchors utilized as all or part of the required wall anchors shall be tested in pullout by an approved testing laboratory. The minimum number tested shall be four per floor, with two tests at walls with joists framing into the wall and two tests at walls with joists parallel to the wall. The test apparatus shall be supported on the masonry wall at a minimum distance of the wall thickness from the anchor tested. The rod anchor shall be given a preload of 300 lbs. prior to establishing a datum for recording elongation. The tension test load reported shall be recorded at one - eighth inch relative movement of the anchor and the adjacent masonry surface. Results of all tests shall be reported. 10 • • The report shall include the test results as related to the wall thickness and joist orientation. The allowable resistance value of the existing anchors shall be 40 percent of the average of those tested anchors having the same wall thickness and joist orientation. I. Qualification tests for devices used for wall anchorage shall be tested with the entire tension load carried on the enlarged head at the exterior face of the wall. Bond on the part of the device between the enlarged head and the interior wall face shall be eliminated for the qualification tests. The resistance value assigned the device shall be 20 percent of the average of the ultimate loads. SECTION 14.18.110 - INFORMATION REQUIRED ON PLANS. A. General. In addition to the seismic analysis required elsewhere in this Chapter, the licensed engineer or architect responsible for the seismic analysis of the building shall determine and record the information required by this Section on the approved plans. B. Construction Details. The following requirements with appropriate construction details shall be made part of the approved plans: 1. All unreinforced masonry walls shall be anchored at the roof level by tension bolts through the wall as specified in Table 14.18 -I, or by approved equivalent at a maximum anchor spacing of six feet. All unreinforced masonry walls shall be anchored at all floors with tension bolts through the wall or by existing rod anchors at the maximum anchor spacing of six feet. All existing rod anchors shall be secured to the joists to develop the required forces. The building official may require testing to verify the adequacy of the embedded ends of existing rod anchors. Tests when required shall conform to Section 14.18.100 H. When access to the exterior face of the masonry wall is prevented by proximity of an existing building, wall anchors conforming to Items 5 and 6 in Table 14.18 -I may be used. Alternative devices to be used in lieu of tension bolts for masonry wall anchorage shall be tested as specified in Section 14.18.100 I. 2. Diaphragm chord stresses of horizontal diaphragms shall be developed in existing materials or by addition of new materials. 3. where trusses and beams other than rafters or joists are supported on masonry, ledgers or columns shall be installed to support vertical loads of the roof or floor members. 11 4. Parapets and exterior wall appendages not capable of resisting the forces specified in this chapter shall be removed, stabilized or braced to insure that the parapets and appendages remain in their original position. 5. All deteriorated mortar joints in unreinforced masonry walls shall be pointed with Type S or N mortar (Masonry cements shall not be used). Prior to any pointing, the wall surface must be raked and cleaned to remove loose and deteriorated mortar. All preparation and pointing shall be done under the continuous inspection of a special inspector certified to inspect masonry or concrete. At the conclusion of the project, the inspector shall submit a written report to the building official setting forth the portion of work inspected. 6. Repair details shall be prepared for any cracked or damaged unreinforced masonry wall required to resist forces specified in this chapter. C. Existing Construction. The following existing construction information shall be made part of the approved plans: 1. The type and dimensions of existing walls and the size and spacing of floor and roof members. 2. The extent and type of existing wall anchorage to floors and roof. 3. The extent and type of parapet corrections, if any, which were performed in accordance with the Uniform Building Code. 4. Accurately dimensioned floor plans and masonry wall elevations showing dimensioned openings, piers, wall thickness and heights. 5. The location of cracks or damaged portions of unreinforced masonry walls requiring repairs. 6. The type of interior wall surfaces and whether reinstalling or anchoring of ceiling plaster is necessary. 7. The general condition of the mortar joints and whether the joints need pointing. INTRODUCED at a regular meeting of the City Council of the City of Morro Bay held on the 27th day of November 1989 by motion of Councilmember Lemons and seconded by Mayor Sheetz. 12 PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Morro Bay, held on the llth day of December 1989 by the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: ARDI DAV , City Clerk RO E MARI SHEETZ, •yor APPROVED AS TO FORM AND LEGAL EFFECT: JUD OUSEN ity Attorney 13 • • TABLE NO. 14.18 -A RATING CLASSIFICATIONS TYPE OF BUILDING CLASSIFICATION Medium Risk Building Low Risk Building A B TABLE NO. 14.18 -B TIME LIMITS FOR COMPLIANCE (1) REQUIRED ACTION OBTAIN BUILDING COMMENCE COMPLETE BY OWNER PERMIT WITHIN CONSTRUCTION CONSTRUCTION WITHIN WITHIN Complete Structural Alterations or Building Demolition 3'11 years 4 years 5 years Wall Anchor Installation 6 mos. 1 year 2 years NOTES: (1) Measured from date of submittal required by Section 14.18.80 14 • 1 TABLE 14.18 -C SERVICE PRIORITIES AND EXTENDED TIME PROVISIONS Rating Classification Extension of Time Occupant if Wall Anchors Load are Installed A 20 or more 2 years B (Lowest Priority) Less than 20 2 years TABLE NO. 14.18 -D HORIZONTAL FORCE FACTORS BASED ON RATING CLASSIFICATION RATING CLASSIFICATION IKCS A and B 0.100 TABLE NO. 14.18 -E HORIZONTAL FORCE FACTORS "IS" FOR PARTS OR PORTIONS OF STRUCTURES RATING CLASSIFICATION a$ A and B 0.75 15 • • TABLE 14.18 -F HORIZONTAL FORCE FACTOR "Cp" FOR PARTS OR PORTIONS OF BUILDINGS OR OTHER STRUCTURES (1) Part or Portion of Direction Value Buildings • of Force of Cp Exterior bearing and non - bearing walls, interior bearing walls and partitions, interior non - bearing walls and partitions over ten feet in height, masonry fences over six feet in height. Normal to Flat Surface 0.20 Cantilever parapet and other cantilever walls, except retaining walls. Normal to Flat Surface 1.00 Exterior and interior ornamentations Any and appendages. Direction 1.00 When connected to or a part of a building; towers, tanks, towers and tanks plus contents, racks over 8 feet 3 inches in height plus contents, chimneys, smokestacks, Any and penthouses. Direction 0.20(2)(4) When connected to or a part of a building: Rigid and rigidly mounted equipment and machinery not Any required for continued operation of Horizontal essential occupancies. (5) Direction 0.20(3) Tanks plus effective contents Any resting on the ground. Direction 0.12 Floors and roofs acting as In the plane of diaphragms. diaphragm 0.12(6) Prefabricated structural elements, Any other than walls, with force applied Horizontal at center of gravity of assembly. Direction 0.30 Connections for exterior panels or Any elements. Direction 2.00 16 • • NOTES: (1) See Section 14.18.90 B for use of Cp. (2) When located in the upper portion of any building with a hn /D ratio of 5 to 1 or greater the value shall be increased by 50 %. (3) For flexible and flexibly mounted equipment and machinery, the appropriate values for Cp shall be determined with consideration given to both the dynamic properties of the equipment and machinery and to the building or structure in which it is placed. (4) The Wp for storage racks shall be the weight of the racks plus contents. The value of Cp for racks over two storage support levels in height shall be 0.16 for the levels below the top two levels. (5) The design of the equipment and machinery and their anchorage is an integral part of the design and specification of such equipment and machinery. The structure to which the equipment or machinery is mounted shall be capable of resisting the anchorage forces (see also Section 2312(k) of the UBC). (6) Floor and roofs acting as diaphragms shall be designed for a minimum force resulting from a Cp of .12 applied to Wp unless a greater force results from the distribution of lateral forces in accordance with Section 2312(e) of the UBC. 17 • • TABLE NO. 14.18 -G ALLOWABLE VALUE OF HEIGHT - THICKNESS RATIO OF UNREINFORCED MASONRY WALLS WITH MINIMUM QUALITY MORTAR (1.) (2) Walls of One -Story Buildings First Story Wall of Multi -Story Buildings Walls in Top Story of Multi -Story Buildings All Other Walls BUILDING WITH CROSSWALLS AS DEFINED BY SECTION 14.18.30 ALL OTHER BUILDINGS 16 13 16 15 14 9 16 13 NOTES: (1) Minimum quality mortar shall be determined by laboratory testing in accordance with Section 14.18.100 E. (2) Table 14.18 -G is not applicable to buildings of rating classification I. Walls of buildings within rating classification I shall be analyzed in accordance with Section 14.18.90. 18 • 1 TABLE NO. 14.18 -H VALUES FOR EXISTING MATERIALS EXISTING MATERIALS OR ALLOWABLE VALUES CONFIGURATION OF MATERIALS (1) 1. HORIZONTAL DIAPHRAGMS a. Roofs with straight sheathing and roofing applied directly to the sheathing. b. Roofs with diagonal sheathing and roofing applied directly to the sheathing. 100 lbs. per foot for seismic shear. 400 lbs. per foot for seismic shear. c. Floors with straight tongue 150 lbs. per foot and groove sheathing. for seismic shear. d. Floors with straight sheathing 300 lbs. per foot and finished wood flooring. for seismic shear. e. Floors with diagonal sheathing 450 lbs. per foot and finished wood flooring. for seismic shear. f. Floors or roofs with straight Add 50 lbs. per foot sheathing and plaster applied to the allowable values to the joist or rafters. (2) for Items la and lc. 2. SHEAR WALLS Wood stud walls with lath 100 lbs. per foot each and plaster. side for seismic shear. 3. PLAIN CONCRETE FOOTINGS 4. DOUGLAS FIR WOOD 5. REINFORCING STEEL 6. STRUCTURAL STEEL f'. = 1500 psi unless otherwise shown by tests. Allowable stress same as No. 1 D.F. (3) ft = 18,000 lbs. per square inch maximum. (3) ft = 20,000 lbs. per square inch maximum. (3) NOTES: (1) Material must be sound and in good condition. (2) The wood lath and plaster must be reattached to existing joists or rafters in a manner approved by the Department. (3) Stresses given may be increased for combinations of loads as specified in Section 14.18.90 G(2). 19 • TABLE NO. 14.18 -I • ALLOWABLE VALUES OF NEW MATERIALS USED IN CONJUNCTION WITH EXISTING CONSTRUCTION (1) NEW MATERIALS OR CONFIGURATION OF MATERIALS 1. HORIZONTAL DIAPHRAGMS Plywood sheathing applied directly over existing straight sheathing with ends of plywood sheets bearing on joists or rafters and edges of plywood located on center of individual sheathing boards. 2. SHEAR WALLS a. Plywood sheathing applied directly over existing wood studs. No value shall be given to plywood applied over existing plaster or wood sheathing. b. Dry wall or plaster applied directly over existing wood studs. c. Dry wall or plaster applied to plywood sheathing over existing wood studs. 3. SHEAR BOLTS Shear bolts and shear dowels embedded a minimum of 8 inches into unreinforced masonry walls. Bolt centered in a 2 -1/2 inch diameter hole with dry -pack or non - shrink grout around circum- ference of bolt or dowel. (1) ALLOWABLE VALUES Same as specified in Table No. 25 -J of this Code for blocked diaphragms. * Same as values specified in Table No. 25 -K for shear walls. 75 per cent of the values specified in Table No. 47 -I. 33 -1/3 per cent of the values specified in Table No. 47 -I. 100 percent of the values for solid masonry specified in Table No. 24E. No values larger than those given for 3/4 inch bolts shall be used. * All tables that do not carry a 14.18 number are found in the Uniform Building Code, 1985 edition. 20 • 4. TENSION BOLTS Tension bolts and tension dowels extending entirely through unreinforced masonry walls secured with bearing plates on far side of wall with at least 30 sq. inches of area. (2) 5. WALL ANCHORS (14.18.110 B(1) a. Bolts extending to the exteriorface of the wall with a 2- 1 /2inch round plate under the head.Installed as specified for shearbolts. Spaced not closer than 12 inches on centers. (1) (2) 1200 lbs. per bolt or dowel. 600 lbs. per bolt. b. Bolts or dowels extending to 1200 lbs. per bolt the exterior face of the wall or dowel. with a 2 -1/2 inch round plate under the head and drill at an angle of 22 -1/2 degrees to the horizontal. Installed as specified for shear bolts. (1) (2) 6. INFILLED WALLS Reinforced masonry infilled Same as values specified openings in existing for unreinforced masonry unreinforced masonry walls walls. with keys or dowels to match reinforcing. 7. REINFORCED MASONRY Masonry piers and walls reinforced per UBC Section 2407. 8. REINFORCED CONCRETE Concrete footings, walls and piers reinforced as specified in Chapter 26 and designed for tributary loads. 21 Same values as specified in Chapter 26, UBC. Same values as specified in Chapter 26, UBC. • 9. EXISTING FOUNDATION LOADS Foundation loads for structures exhibiting no evidence of settlement. • Calculated existing foundation loads due to maximum dead load plus live load may be in- creased 25% for dead load, and may be in- creased 50% for dead load plus seismic load required by this Chapter NOTES: (1) Bolts and dowels to be tested as specified in Section 14.18.100 F. (2) Bolts and dowels to be 1/2 inch minimum in diameter. TABLE NO. 14.18 -J ALLOWABLE SHEAR STRESS FOR TESTED UNREINFORCED MASONRY WALLS Eighty percent of test results in psi not less than Average test results of cores in psi Seismic in -plane shear based on gross area (1) 30 plus axial stress 40 plus axial stress 50 plus axial stress 100 plus axial stress or more 20 27 33 67 or more 3 psi 4 psi 5 psi 10 psi max NOTE: (1) Allowable shear stress may be increased by addition of 10% of the axial stress due to the weight of the wall directly above. 22 TABLE NO. 14.18 -K GLOSSARY OF SYMBOLS AND NOTATIONS C = Numerical coefficient as specified in Section 2312(d) Cp = Numerical coefficient as specified in Section 2312(g) and as set forth in Table No. 23 -J D = The dimension of the structure, in feet, in a direction parallel to the applied forces f tc = Specified compressive strength of concrete, psi Fp = Lateral forces on a part of the structure and in the direction under consideration ft = Allowable tensile stress, psi hn = Height in feet above the base to level n I = Occupancy Importance Factor as set forth in Table No. 23 -K S = Numerical coefficient for site - structure resonance V = The total lateral force or shear at the base W = The total dead load as defined in Section 2302 including the partition loading specified in Section 2304(d) where applicable Wp = The weight of a portion of a structure or nonstructural component Z = Numerical coefficient dependent upon the zone as determined by Figure No. 1, of Chapter 23. All areas in California are classified in Zones 3 or 4. For locations in Zone No. 4, Z =1 NOTE: The City of Morro Bay is located in seismic zone no. 4 23 • ORDINANCE NO. 365 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AMENDING CHAPTER 9.22 TO THE MORRO BAY MUNICIPAL CODE GOVERNING ALARM SYSTEMS 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 I. The following Code Sections of the City of Morro Bay Municipal Code are hereby repealed: 9.22.010, 9.22.020 and 9.22.030. Section II. There is hereby added to the City of Morro Bay Municipal Code Section 9.22.010 and 9.22.020, which shall read as follows: 9.22.010 Police station alarm terminus. No alarms other than those owned by the City of Morro Bay shall terminate at the municipal police department station(s). 9.22.020 Alarm system usage. A. No person, corporation, business, commercial establishment, and resident being equipped with operational alarms shall misuse such alarm system. 1. Alarm Misuse, is defined as the intentional use of an alarm for a purpose for which it was not intended. 2. A violation of this section shall be an infraction with the following penalties: (a) First offense - warning; (b) Second offense, a second offense within any twelve month period of the first offense - a fine not exceeding one hundred dollars. (c) For each additional offense within any twelve month period of the first two offenses - fine not exceeding two hundred dollars. • • Ordinance No. 365 Page Two B. No person, corporation, business, commercial establishment, or resident being equipped with operational alarms shall allow such alarms to malfunction causing false alarms. A violation of this section shall be an infraction with the following penalties: 1. For the first two false alarms resulting from Operational error - warning; 2. For the third false alarm resulting from Operational Error in any three -month period - a fine not exceeding one hundred dollars. 3. For any additional false alarms resulting from Operational Error in any three -month period - a fine not exceeding two hundred dollars. 4. For the first five false alarms resulting from Equipment Malfunction - warning; 5. For the sixth false alarm resulting from Equipment Malfunction in any three -month period - a fine not exceeding one hundred dollars. 6. For any additional false alarms resulting from Equipment Malfunction in any three -month period - a fine not exceeding two hundred dollars. C. No penalty shall be incurred for legitimate alarm annunciation or from those situations in which a false alarm occurs but its cause was beyond operational or equipment control as determined by the Chief of Police. Section III. Sections 9.22.040, 9.22.050, and 9.22.060 are hereby renumbered to sections 9.22.030, 9.22.040, and 9.22.050, respectively. Section Iv. The following Code Sections of the City of Morro Bay Municipal Code are hereby amended as follows: 9rE2re48 9.22.030 Telephonic alarm devices. A. No person, corporation, business, commercial establishment, or residence shall use or cause to be used any telephone device or telephone attachment on any telephone trunkline of the city police department which reproduces any prerecorded message. Ordinance No. 3115 Page Three B. Any person, corporation, business, or commercial establishment or residence within the city who utilizes an alarm device, commonly known as a "Dialer ", shall be subject to all of the applicable permit —ions sanctions of this chapter. 9r28T959 9.22.040 Alarm installation. No company or person selling, renting, leasing, installing, or otherwise providing alarm systems shall install any such alarm without providing twenty -four hour service for that system. A. For the purpose of this section, "alarm system" means any medical, security, robbery, or fire alarm device which is installed by a person or persons other than the alarm system user. B. Service, for the purposes of this section, includes the ability to promptly repair a malfunctioning alarm system, and to provide periodic maintenance necessary to the alarm system's normal function. C. In the event an audible security alarm sounds within the limits of the city and no person can be contacted to shut the alarm off within a thirty - minute period, then the vendor currently supplying terminal service at the police department shall be contacted to disable the alarm. All charges for such service shall accrue to that alarm user at a rate no greater than the vendor's standard service charge. Introduced at a regular meeting of the City Council of Morro Bay, held the 13th day of November, 1989, by motion of Councilmember Lemons and seconded by Councilmember Baker . PASSED APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Morro Bay, held on the 27th day of November 1989, by the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: 421-a24"— DAVIS, ity Clerk ROSE MARIE SHEETZ, MAYO i tai/ O6p '1 - sne-ita/ a c . • • ORDINANCE NO. 364 AN ORDINANCE AMENDING CERTAIN SECTIONS OF TITLE 15 HARBOR AND OCEAN REGULATIONS MORRO BAY MUNICIPAL CODE The City Council of the City of Morro Bay does ordain as follows: SECTION 1: Every reference in Title 15 to the director of public works shall be replaced with the harbor director, except in the final sentence of Section 15.28.020 and as noted in Section 15.16.030. $ECTION 2: The following sections of Title 15 of the Morro Bay Municipal Code are hereby amended as follows: 15.04.020 Anchorage area. "Anchorage area" means any portion of Morro Bay which has been so designated. 15.04.110 Motorboat. "Motorboat" means any vessel propelled by machinery, whether or not such machinery is the principal source of propulsion, but shall not include a vessel which has a valid marine document issued by the appropriate federal agency. 15.04.130 Turning basin. "Turning basin" means that portion of any channel which has been so designated for the purpose of permitting vessels to turn around or permitting their course or direction to be altered therein. 15.08.030 Stray property -- Disposition. All stray vessels, skiffs, rowboats, dinghies, timber or any other personal property found in the water or on the shores of Morro Bay or the Pacific Ocean within the city, not in the lawful possession or control of some person, shall be immediately delivered to the harbor director. All such property shall be dealt with as provided in the appropriate provisions of Sections 2080, et seq., of the California Civil Code and /or Sections 522 of the Harbors and Navigation Code as the same now read or may hereafter be amended. Proceeds of any sale of such property shall be deposited in the harbor fund of the city. 15.12.020 Special Events -- Permit -- Insurance required -- Additional conditions. The city council may grant a special permit to hold a boat race, regatta or parade in the harbor or make temporary use of a designated area in the harbor for a special event or activity in which speed limits may be exceeded and normal traffic interrupted. No permit shall authorize interference with normal harbor traffic for a period exceeding four hours in any twenty - four hour period. ORDINANCE N0. 364 PAGE 2 • • As a condition of granting such permit, the city council shall require the permittee to provide liability insurance for the full period of time for which the permit is granted in an amount of not less than one million dollars for bodily injury to one person, one million dollars for bodily injury in any one accident and one million dollars for property damage in any one accident. The policy providing such insurance must name the city of Morro Bay as additional primary insured. A certificate of insurance and policy endorsement evidencing that such insurance is in force and will remain in force for the period of such permit shall be filed with the city clerk in a form approved by the city administrator before any such permit shall be effective. The city council may impose additional conditions as deemed necessary to protect persons and property and to assure that the activity will not create a nuisance or interfere with the reasonable use of the harbor by other vessels. No such permit shall be effective until the conditions imposed by the city council have been met. 15.12.070 Tampering with vessels restricted. No person except a public officer in performance of his duties shall willfully injure or tamper with, or, break, or remove any part, off or from, any vessel in the city, or tamper with the lines securing any such vessel, without the consent of the owner or other person having charge thereof. 15.16.020 Tying up vessel -- Manner. Every vessel lying at any pier or other mooring facility of the city shall be fastened thereto in accordance with good seamanship practices and /or in a manner described in the rules and regulations governing such facility. 15.16.030 Loading or unloading explosives -- Permit. No person shall load or unload gun powder, giant powder, dynamite or any other explosive to or from any vessel from or upon any pier or other vessel in Morro Bay without first obtaining a permit to do so from the Fire Chief and paying therefor a fee as established in the Master Fee Schedule, and otherwise complying with all the rules and regulations governing the loading and unloading of explosives. 15.20.020 Application -- Fee -- Conditions. A. Application for Permit or Transfer. Application for any permit or the transfer of any permit required by this chapter shall be made to the community development director in writing on forms provided therefor. The permit shall constitute an agreement by the permittee to comply with all conditions imposed in the granting of the permit. (remainder of Section 15.20.020 unchanged) 15.24.050 Bait receiver -- Permit -- Required -- Issuance. No person shall install or operate within the waters of the City of Morro Bay any bait receiver without first obtaining a permit and paying a fee as established in the Master Fee ORDINANCE N0. 364 PAGE 3 • • Schedule. No permit shall be issued until the design of the receiver is approved by the harbor director and the community development director. All applications for permits provided for herein shall be made to the director of public works harbor director and accompanied by plans showing the design of the receiver. 15.28.010 Zone designations. The harbor director shall create mooring zones within the anchorage areas of the waters of Morro Bay as designated on U.S. Maritime charts. The established anchorage areas, designated as A -1 and A -2, shall be divided into zones designated as A -1 -1 through A -1 -5 and A -2. The zones shall be delineated on Diagram 15.28.020 codified in and made a part of this chapter. Each zone shall be further divided into specific mooring and /or anchorage locations by a grid to delineate specific mooring locations. Each mooring location shall be identified by an appropriate numbering system so as to rapidly and positively locate each mooring. Mooring locations shall be arranged, insofar as practicable, so as to locate vessels of similar size in the same area within each mooring zone. A map depicting mooring zones, the city = designated anchorage area and specific mooring locations shall be available to the harbor patrol and to the public for reference. 15.28.040 Policy. It is the policy of the city to lease a portion of zone A -1- 3 for use by the Morro Bay Yacht Club to serve transient vessels and Zone A -1 -4 to a commercial mooring operator or operators for installation and rental of individual moorings. Zones A -1 -1 through A -1 -2 and Zone A -2 shall be reserved for the rental of specific mooring locations to individuals and Zone A -1 -5 shall be reserved by the city to provide an anchorage and /or mooring area for transient vessels. In the event that individual moorings in Zones A -1 -1 through A -1 -2 and A -2 are not in use for a ten day period, the city may, at its option, rent these moorings to individuals at the same fee charged at city piers. Rents collected will be credited to the lessees account in the same manner as slip sublease rents collected as detailed in Resolution 09 -81. The leasing of mooring zones by commercial mooring operators shall be determined by bid in accordance with specifications and conditions established by the city. Mooring locations within the zone or zones reserved for private individuals shall be rented on an individual basis by application to the harbor director. The lease or rental term for mooring zones or individual mooring locations shall not exceed a total of one year, which term may be renewable at the option of the city provided that if the city at any time requires the movement of the mooring zones, or movement of individual mooring locations due to realignment of the navigable channel, or to perform necessary dredging operations, or for any reason deemed appropriate by the city council, then such lease or rental term shall be terminated. In such case, the city may provide comparable mooring space for the ORDINANCE NO. 364 PAGE 4 • • duration of the lease or rental term. This will not be interpreted as interfering with the long -term leases between the city and the Morro Bay Yacht Club or commercial mooring operators. Installation, maintenance and inspection of moorings shall be in accordance with and subject to city specifications and conditions. Installation, maintenance and inspections costs shall be at the expense of the commercial mooring operator, the Morro Bay Yacht Club or individual mooring owner. Each mooring shall be inspected for general condition and safety biennially by the chief harbor patrol officer and /or his delegates. This inspection will not be interpreted as causing liability to transfer to the city of Morro Bay. Such inspection is due on the anniversary of the lease. In the event that a mooring owned, installed and maintained by a commercial mooring operator, the Morro Bay Yacht Club or a private individual is abandoned, or in the event that rental fees owed to the city are in arrears for sixty days, or in the event that the lessee fails to comply with the inspection and repair requirements within thirty days following the anniversary, then the harbor director may have the mooring removed and the boat stored in dry dock, or in any convenient and reasonable manner, at the sole cost of the mooring owner. In the event that the mooring owner fails to reimburse the city within thirty days following removal, then the city may sell the mooring to recoup the cost of the mooring removal and administrative costs associated with that removal. The proceeds of that sale are to be deposited in the harbor fund. 15.28.050 Unsafe or unauthorized mooring -- Action by city. If any vessel arriving and anchoring, or being moored or fastened to any wharf or other vessel within the water of Morro Bay shall be so moored, secured or placed as to be unsafe or dangerous to any other vessel previously lying at anchor in the harbor, or moored or fastened as aforesaid, or moored or placed in violation of any provision of this chapter the harbor director is authorized to order and direct the position of the vessel to be changed in such manner as to eliminate such insecurity, danger or violation of this chapter, and the owner or other person having charge of such vessel shall make such changes as directed by the harbor director, and upon the failure or refusal of such owner or other person in charge of such vessel to change the position or the securing of the vessel, as directed by the harbor director, or if the owner or other person in charge of such vessel cannot be readily located, the harbor director is hereby authorized to board such vessel with such assistance as may be necessary and change the position or securing of such vessel, and the expense of changing the position of such vessel or of arranging the method of securing rigging thereof may be recovered from the owner of such vessel. ORDINANCE 110. 364 PAGE 5 • • 15.28.070 Obstructions to navigation prohibited -- Action by city for removal. It is a violation of this chapter for any person to tie up or anchor a vessel within the waters of Morro Bay in such a manner so as to prevent or obstruct the passage of other vessels or voluntarily or carelessly to sink or cause to be sunk any vessel in any channel or to float loose timbers, logs or piles in any channel in such a manner as to obstruct, impede or injure navigation, and whenever a vessel is wrecked or sunk in Morro Bay, accidentally or otherwise it shall be the duty of the owner thereof immediately to mark it by a buoy during the day and by a lighted lantern at night, and to maintain such markings until the sunken vessel or obstruction is removed, and the neglect or failure of such owner to do so is unlawful. The owner thereof shall immediately commence the removal of the obstruction and prosecute the removal diligently to completion and any failure to do so shall be unlawful and constitute an abandonment of such vessel. Whenever any navigable water within the city limits of Morro Bay shall be obstructed or endangered by any vessel or other obstruction, which obstruction or danger has existed for a period of ten days or longer, or whenever the abandonment of a vessel or other obstruction can be legally established in a lesser space of time, the vessel or other obstruction shall be subject to be removed, sold or otherwise disposed of by the city at its discretion without liability for any damage to the owners of the same. 15.28.100 Mooring fees. The owner or operator of every privately owned mooring and the owner or operator of every vessel using any mooring owned or operated by the city shall pay to the city the fee for such use as established in the Master Fee Schedule. 15.32.020 Dockage waiting list. An official dockage waiting -list shall be established and maintained at the city harbor office consistent with the following rules: A. Any vessel of a commercial nature as defined in Section 15.04.150 shall be placed on the dockage waiting list by submitting an application for dock space accompanied by a refundable deposit in accordance with the Master Fee Schedule. This deposit shall apply toward a portion of the first six months' rent for the dock space. B. No vessel shall occupy a slip when said vessel's length is more than twenty percent less than the length of the slip unless no other vessels meeting the requirements of this paragraph remain on the waiting list. The harbor director shall have the authority to reassign slip locations to maximize boat - to -slip ratio. C. This section shall apply to all lessees and sublessees of Tidelands Grant Water Lease Sites. ORDINANCE N0. 364 PAGE 6 • • 15.36.101 Designation by resolution -- Unlawful acts. For the purposes of this chapter, the city council may, by resolution, designate special use areas, and only those uses which are set forth by the resolution shall be permitted in the areas at the times designated and in the zones specified. Within the special use area it is unlawful: A. For any person, except a public officer in the performance of his duty, to operate a motorboat or vessel at a speed in excess of five miles per hour or which creates a wake that may cause damage to moorings or vessels or floating structures, except that such greater speeds may be permitted in such zones and during such hours as may be designated by resolution of the city council. The speed, zone area and hour shall be posted by the harbor director; B. For any person operating a vessel to tow any object, structure or vessel at a distance in excess of seventy -five feet stern of the towing vessel. C. For any person to operate a hydrofoil craft in excess of five nautical miles per hour; D. For any person to operate a motorboat in areas closed to navigation and so posted, except a public officer in the performance of his duty. Sections: 15.44.010 Harbor patrol officers. 15.44.020 Citations -- Issuance -- Procedure. 15.44.010 Harbor patrol officers. The harbor director is authorized to designate and utilize harbor patrol officers in the fulfillment of his duties as herein enumerated. Such harbor patrol officers are charged with the duty of enforcing all laws, ordinances and regulations and all provisions of same, affecting the waters of Morro Bay; and the harbor patrol officers are authorized to arrest, without a warrant, whenever there is reasonable cause to believe that an act has occurred in their presence which is in violation of any law, ordinance or regulation affecting the waters of Morro Bay. Pursuant to Penal Code Section 836.5 the city enacts and establishes that the harbor patrol officers are city employees and are not peace officers. 15.44.020 Citations -- Issuance -- Procedure. Section 15.44.020 is replaced by the following wording: The harbor patrol officers, when arresting any person pursuant to the authority conferred by Section 15.44.010, shall follow the citation procedures set forth in Section 1.16.070 of this code. ORDINANCE NO. 364 PAGE 7 0 SECTION 3: The following section of Morro Bay Municipal Code is hereby repealed and deleted in its entirety: 15.28.090 Existing privately -owned moorings. INTRODUCED at a regular meeting of the City Council of the City of Morro Bay, held the 13th day of November, 1989 by motion of Councilmember Lemons and seconded by Councilmember Baker. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Morro Bay, held on the 27th day of November , 1989 by the following roll call vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: G72rz' ARDITH AVIS, City Clerk Zdrj .400 es!dsircideaAr tsar' ROSE MARIE SH Z, Mayor APPROVED AS TO FORM AND LEGAL EFFECT: JUfl SKOUS N fi City Attorney r • • 36a er60471,441- afaeilm.0 • • ORDINANCE NO. 363 AN ORDINANCE AMENDING MORRO BAY MUNICIPAL CODE SECTION 17 ZONING ORDINANCE THE CITY COUNCIL City of Morro Bay, California The City Council of the City of Morro Bay does ordain as follows: Section 1. 1. The Planning Commission of the City of Morro Bay, California, on the 7th day of August, 1989 held a duly noticed PUBLIC HEARING to consider the request of Keyoto- Natalie, Inc. for an amendment to the General Plan/ Local Coastal Program Land Use Plan area 2 to provide a small increase in the developable area of the property bounded by Highway One, Azure Street, the Pacific Ocean, and Morro Bay High School, and to modify various other development standards recommended approval of the amendments subject to modifications; and 2. The City Council of the City of Morro Bay on the 28th day of August, the 25th day of September, and the 30th day of October, 1989, held duly noticed PUBLIC HEARINGS to consider the above request; and 3. The City Council finds 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 Local Coastal Program is the functional equivalent of an EIR and no further documentation is deemed necessary. 4. At said PUBLIC HEARING, after considering the staff report, Planning Commission recommendation and the testimony of all persons, wishing to testify, the City Council found the following facts and reasons to justify its action in this matter: a. The amendments maintain basic consistency with the intent and objectives of the adopted Land Use Plan and Zoning Ordinance; b. The amendments will ensure that standard size lots will be provided in future development through modest expansions in developable area of the property, thereby achieving greater consistency with existing neighborhoods; 1 City Council Ordinance No. 363 GP /LUP /ZOA 05 -89 c. Modifications to the phasing requirements are fully mitigated by requiring the developer to establish assessment districts or other funding mechanisms to maintain all off- site improvements; d. No increase in the number of units will result and no decrease in area set aside for Environmentally Sensitive Habitat will result from the amendments. Section 2. Chapter 17 of the Morro Bay Municipal Code is amended to read as follows: 1) Add Section 17.31.140 Clustered Development Standards. A. Permitted uses, conditionally_permitted use, minimum Front ya rd, corner lot - exterior side yard, interior side yard ;,minimum rear yard, and landscaping-remain as set focth respectively in 1'77Y1Tff20- 03.0 -_O80- OZSO- -t00,, rro, and 130. B. For clustered Residential Development the following alternative standards shall apply: (.1) Height limits. Structures shall be limited to a single story in height and shall not exceed -14 feet -in hetggh-t on the area north of the vview corridor. Structures shall-noT exceed- twenty five 05r-feet-in on the area south of Elie view corridor. The above mention— Sec- heigl- 1�imits shall be measured from finished grade, provided- however.z finial-fad grade shall only exceed existing grade by the minimum fill necessary to meet flood ,plain elevation requirements and tractTrainage, engineering, and_utility-esi_gn criteria -as determined-by 'the City Engineer in his sole discretion. Any gradin plan for the site shall be .reviewed to ensure that the natural grade is not 'elevated beyond the levels necessary to meet flood plain elevation requirements and tract drainage,_ _ engineering, and utilityn esi n and engineering as determined by `the City-Ehgineer in his sole discre ion. (2) Minimum Building Site. Six thousand (6,000) square feet for interior lots and seven (7,000) thousand square feet of corner lots. 3 Maximum Lot Coverage. All Structures ') percent, unless otherwise allowed pursuan t Land Use Plan standards. C4) Minimum lot width. 50 feet or 35 feet on a at prone-Fly-line. (5) Minimum lot area per unit. 6,000 feet. 2. Add Section 17.60_040 S. Desalinization Plants. forty five t to �he LCP 2 cul -de -sac 411 411 City Council Ordinance No. 363 GP /LUP /ZOA 05 -89 Section 3. To implement the Amendments adopted herein the City Council —6-f the City of Morro Bay, California hereby directs as follows: 1 Said amendments shall be transmitted promptly to the California Coastal Commission with the request that the Commission certify said amendments; and 2. Said amendments shall take effect immediately and automatically upon such certification by the California Coastal Commission; and 3. The City Council of the City of Morro Bay, California does hereby find that these Local Coastal Program Implementation Program amendments are in compliance with the intent, objectives, and policies of hte California Coastal Act and that the City of Morro Bay will carry out the Local CoAgtgl Program, including these amendments to the Implementation Program in a manner fully consistent with the California Coastal Act and all its provisions. Introduced at a regular meeting of the City Council of the City of Morro Bay, held the 30th day of October, 1989, by motion of Councilmember Lemons and seconded by Councilmember Baker PASSED APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Morro Bay, held on the 13th day of November 1989, by the following vote: AYES: Baker, Lemons, Wuriu, Sheetz NOES: Odell ABSENT: None ATTEST: ARDI7H D 2Si y Ct lerk---- 3 • • C n d • 3(1 o? / Z e d e r a , Q- & /,Tuz • • ORDINANCE NO. 362 AN ORDINANCE AMENDING SECTION 15.04.150 OF THE MORRO BAY MUNICIPAL CODE REDEFINING VESSELS OF A COMMERCIAL NATURE 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 I,. That Section 15.04.150 of Chapter 15.04 of the Morro Bay Municipal Code is amended to read as follows: SECTION 15.04.150 Vessels of a Commercial Nature "Vessels of a commercial nature" means vessels for which the State of California, Department of Fish and Game has issued a current commercial fishing license, and whose owner or operator holds a current commercial fishing license, and which within the current calendar year has been actively used for commercial fishing activities. Such use shall be evidenced by proof that the vessel has grossed in each calendar year a minimum of $1,000 for each net ton capacity of the vessel, with a minimum of $5,000 or that the vessel has fished at least 90 days in the calendar year. Gross earnings or fish sales shall be evidenced by State of California, Department of Fish and Game commercial fish receipts or by the official Commercial fish receipts of other west coast states. Proof of 90 days fishing shall be established as provided for in Resolution 90 -85 or as may be amended by the City Council, except that use of float plans for qualification purposes is hereby eliminated. Introduced at a regular meeting of the City Council of the City of Morro Bay, held the 25th day of September, 1989, by motion of Councilmember Odell and seconded by Councilmember Baker. Passed, approved and adopted at a regular meeting of the City Council of the City of Morro Bay, held the 27th day of November, 1989, by the following vote: AYES: Baker, Lemons, Odell, Wuriu, , eetz NOES: None ABSENT: None ATTEST: ARDITH DAVIS, CITY CLERK -,. ./..s le 'ROSE E SH T2, MAY 4- • • 3& / - .712o6 Leafs( y'Q.ea4cs7- fienceld • 0 ORDINANCE NO. 361 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AMENDING CHAPTER 5.32 MOBILEHOME AND RECREATIONAL VEHICLE PARK RENT STABILIZATION TO PROVIDE VACANCY DECONTROL 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 5.32.080 of the Municipal Code is hereby amended as follows: 5.32.080. Vacancy decontrol. Upon a change of occupancy, the rent may be increased by owner without regard for the provisions of this rent stabilization ordinance. The new rate so set by owner shall then be subject to the one -year limitation to rent increases set forth herein. INTRODUCED at a regular meeting of the City Council of the City of Morro Bay, held the llth of September, 1989 by motion of Council member Baker and seconded by Council member Wuriu. PASSED APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Morro Bay, held on the 25th day of September, 1989, by the following roll call vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: 'tad 41-47 ARDITH DAVIS, City Clerk APPROVED AS TO FORM AND LEGAL EFFECT: JU Y SKOU City Attorney iQ! breo - 5:dzwa,Qit sagco 7,14.4-44-nzal) • • ORDINANCE NO. 360 THE CITY COUNCIL City of Morro Bay, California SIDEWALK SALES AND DISPLAY ORDINANCE The City Council of the City of Morro Bay does hereby ordain as follows: SALES ON STREETS AND SIDEWALKS Sections: 1. Purpose of Provisions 2. Permit - Required 3. Permit - Issuance- Conditions and Limitations 4. Permit -Hold Harmless Clause Required 5. Citizens Review committee 6. Permit- Revocation - Appeal 7. Expiration of Ordinance 1. Purpose of Provisions The Council finds that the businesses in the downtown area, comprised of Morro Bay Boulevard and adjacent side streets is a unique and special area of the City in which increased business activity is desired. Said special area is herein specified in Exhibit "A ", a map of the area incorporated herein by reference. The Council further finds that carefully controlled and restricted use of the public sidewalks by adjacent merchants for the display of merchandise may be beneficial to success- ful business operations and development, and therefore, to the welfare of the City in general. It is the intent of the Council to regulate sales on the streets and sidewalks in order to insure the safe and unobstructed passage of all pedestrians and motorists using the public right -of -way, and to maintain and enhance the aesthetic characteristics of the downtown area. 2. Permit- Required No person shall leave, place or cause to be placed, any per- sonal property upon any sidewalk, gutter, alley or street within the City, whether or not such property constitutes merchandise of any store, without first obtaining a City permit authorizing same. The "personal property" referred Ordinance No. 360 Page 2 • • to in this section includes, but is not limited to, produce, merchandise, store boxes, store substances, or materials, signs or any other object or implement of any class, kind or character. This section shall not be construed to prohibit parking of bicycles and vehicles where otherwise allowed. 3. permit- Issuance - Conditions and Limitations The Community Development Director may issue use permits for sidewalk sales subject to the following conditions and limitations: A. Applicants must possess a valid City business license and any necessary county health permits. Applicants must have a fixed place of business located within the special area denoted in Exhibit "A "; street vendors not meeting this qualification are expressly prohibited from operating under the provisions of these permits. B. Each permit shall expressly provide that sidewalk sales shall be limited to Fridays, Saturdays and three day holiday weekends between the hours of 8:00 a.m. and 6:00 p.m. C. The applicant shall submit a site plan indicating the location of the operation, relative to surrounding buildings, parking lots and public right -of -ways, as well as such other information deemed necessary by the Community Development Director. D. Each permit shall expressly provide that any personal property or merchandise placed upon the sidewalk pur- suant to the permit shall extend no further along the sidewalk than the exterior limits of the merchant's place of business. E. Each permit shall expressly state, and the permittee shall agree, that in all cases a minimum sidewalk width of five feet shall be kept clear of any obstruction at all times. F. The permit shall terminate at the relocation, closure, or sale of business. G. Each permit shall specify all signage to be used in the conduct of the sidewalk sale; pedestal and /or A -frame type signage shall be permitted. Signage shall be allowed only for the purpose of stating that a sale is in progress or the price of items or articles for sale. H. The Community Development Director may approve a permit subject to additional conditions as he finds reasonable Ordinance No. 360 Page 3 • • and appropriate. Each applicant shall pay the fee as set forth in the master fee schedule for each permit. I. Each applicant shall secure and provide to City a com- prehensive public liability and property damage insur- ance policy naming the city as an additional insured in amounts and on the terms as approved by the City Risk manager. 4. Annlicant to Indemnify City As a further condition of any permit granted pursuant to this chapter, each applicant shall agree and shall sign a written agreement so stating, as part of the permit granted, to hold the City harmless from, to defend the City against, and to indemnify the City from, all claims, demands and suits made against the City, its officers, or its employees, including attorney's fees and court costs incurred by the City arising from any act or omission on the part of the applicant, its officers, employees, subcontractors, agents, guests, invitees or those entities participating in any sales activities sponsored by the applicant, in the prosecu- tion of activities authorized by the permit. 5. Citizens Review Committed A Special Citizen Review Committee shall be established by the City Council consisting of five members: two downtown merchants participating in sidewalk sales; one downtown mer- chant not participating; one representative of a civic group concerned with aesthetics; one public member at large. The Special Committee which shall serve during the period this special sidewalk display ordinance is in effect, shall have the following duties: A. Assist in reviewing all applications for sidewalk sale permits and make recommendations to the Community Development Director on approval or denial of each based on its conformance to the ordinance. B. At the request of the Community Development Director conduct periodic site inspections to determine compli- ance with permit requirements for each permittee, to meet with permittees to discuss positive and negative effects of sidewalk sales. 6. Permit- Revocation - Appeal Any permit issued pursuant to this chapter may be revoked by the City Council upon the recommendation of the Community Development Director and upon a finding that the performance Ordinance No. 360 Page 4 • • of the permittee has been inconsistent with the provisions of this ordinance and the permit. Introduced at a regular meeting of the City Council of the City of Morro Bay, held the 28th day of August, 1989, by motion of Councilmember Odell and seconded by Councilmember Wuriu. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Morro Bay, held the llth day of September, 1989, by the following vote: AYES: Baker, Odell, Wuriu, Sheetz NOES: None ABSENT: Lemons ATTEST: ARDI H DAVIS, CITY CLERK APPROVED AS TO FORM AND LEGAL EFFECT: �AA DY SKOU$EN, CITY ATTORNEY • EXHIBIT "A" The street right -of -ways shaded in gray generally designate those areas where temporary sidewalk sales and display struc- tures are permitted. • 6 OW • 3 5! - e is ant /- O'r. C a,..- • ORDINANCE NO.359 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 (ZONING MAP) FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF ZANZIBAR STREET AND PANORAMA DRIVE IN THE CITY OF MORRO BAY T H E C I T Y C O U N C I L City of Morro Bay, California The City Council of the City of Morro Bay does ordain as follows: Section 1. The Council hereby makes the following findings: 1. On August 22, 1988 the City Council of the City of Morro Bay approved the annexation of a 7,894.88 square foot parcel of land known as the Gist property to the City of Morro Bay; and 2. Said property upon annexation to the City was automatically designated low density residential but there is a need for the land to receive zoning classification consistent with the adjoining neighborhood; and 3. On the 18th day of July, 1989 the Planning Commission held a duly noticed PUBLIC HEARING to consider the staff report and receive public and agency comments on the potential amendment to the Zoning Map recommended by staff to accomplish suitable classification of the Gist parcel and did approve said amendment and forward its recommendation to the City Council; and 4. The Environmental Coordinator has recommended a Negative Declaration be filed for the purposes of the California Environmental Quality Act, and the Planning Commission concurs with this recommendation; and 5. On the 14th day of August, 1989, the City Council held a duly noticed PUBLIC HEARING to consider the staff report and receive public and agency comments and recommendations made by the Planning Commission on the potential amendment to the Zoning Map to accomplish suitable classification of the Gist parcel; and 6. The City Council does hereby find that the Gist parcel is a small parcel created in the 1950's for residential purposes, and is too small to support agricultural use and is not suitably located for commercial or industrial uses; and • • Ordinance No. Page Two 7. The City Council does hereby find that the property was inadvertently left out of the City at the time of incorporation; and 8. The City Council does hereby find that the surrounding neighborhood is developed in single family homes on individual lots designated R -1 /S.1 by the City's Zoning Map; and 9. The City Council does hereby find that the designation of the Gist parcel in a residential designation consistent with the surrounding residential properties will result in a continuity of land use and preserve the character of the neighborhood; and 10. The City Council does hereby find that there are no known resource constraints or planning considerations that would support some alternative land use designation. 11. The contemplated amendment is internally consistent with other portions of the adopted General Plan; and 12. The amendment to the official zoning map made herein is necessary to conform to and implement the amendment to the Local Coastal Program Land Use Plan set forth in Resolution No. 97 —89; and 13. The City of Morro Bay hereby finds that the Local Coastal Program zoning map amendment is 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 this amendment in a manner fully consistent with the California Coastal Act and all its provisions. Section 2. Chapter 17 of the Morro Bay Municipal Code official Zoning map is amended as shown on Exhibit "A ", attached hereto and made a part of this ordinance. Section 3. To implement the amendment adopted herein the City Council of the City of Morro Bay, California hereby directs as follows: • • Ordinance No. Page Three 1. This Ordinance containing the Zoning map Amendment set forth in Section 2. above shall be transmitted promptly to the California Coastal Commission with the request that the Commission certify the Amendment; and 2. This Ordinance shall take effect immediately and automatically upon said certification. Introduced at a regular meeting of the City Council of the City of Morro Bay, held the 14th day of August 1989, by motion of Councilmember Lemons 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 28th day of August 1989, by the following roll call vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: APPROVED AS TO FORM AND LEGAL EFFECT: Morro Bay Zoning Map Designation .:r aid n59 - UD/D • • iz —deeAt6 S ;7 • ORDINANCE NO. 356 AN ORDINANCE AMENDING CERTAIN SECTION 15.12.010 OF CHAPTER 15.12 THE MORRO BAY MUNICIPAL CODE T H E C I T Y C O U N C I L City of Morro Bay, California The City Council of the City of Morro Bay does ordain as follows: SECTION 1. That Section 15.12.010 of Chapter 15.12 of the Morro Bay Municipal Code be amended to read as follows: 15.12.010 Speed Limit Designated. No owner, operator or person in command of any vessel, except a public officer in the performance of emergency duty, shall operate the same or permit the same to be operated in any portion of Morro Bay Harbor in excess of five miles per hour or which creates a wake that may cause damage to moorings or vessels or floating structures, except as hereinafter provided. (Ord. 119 § 1 (part), 1974: prior code § 9402.1) Introduced at a regular meeting of the City Council of the City of Morro Bay, held the 24th day of July 1989, by motion of Councilmember Lemons and seconded by Councilmember Odell. Passed, approved and adopted at a regular meeting of the City Council of the City of Morro Bay, held the 25th day of September, 1989, by the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: .atdeell ARDITH DAVIS, CITY CLERK ROSE MARIE SH Z, MAYO • ��'15 - or gsaa:tific • • ORD I NANCE NO _ 355 AN ORDINANCE OF THE COUNCIL OF THE CITY OF MORRO BAY ADDING CHAPTER 8.30 TO THE MORRO BAY MUNICIPAL CODE RELATING TO THE OPERATION OF AIRCRAFT WITHIN CORPORATE LIMITS T H E C I T Y C O U N C I L City of Morro Bay, California The Council of the City of Morro Bay does hereby ordain as follows: SECTION 1. Chapter 8.30 is hereby added to the Morro Bay Municipal Code to read as follows: CHAPTER 8.30 OPERATION OF AIRCRAFT 8.30.010 Purposes. A. The purpose of this chapter is to regulate the landing of aircraft within the limits of the City of Morro Bay. B. The City Council finds that: The landing of Aircraft, as defined in Section 8.30.020 of this chapter: 1. Creates excessive noise and vibration which degrades the environment of the City to a degree which is harmful and detrimental to the health, welfare and safety of its inhabitants; 2. Creates Problems of Public Safety in that: (A) The City environment is not designed for the landing of aircraft and contains many hazards which are incompatible with aircraft; (B) Citizens conducting business or recreating within a City environment are not expecting the presence of aircraft except in designated areas; 3. Is incompatible with the status of Morro Bay as a bird sanctuary, in that: (A) The presence of birds and aircraft is close proximity is dangerous to both; (B) The presence of low flying aircraft will reduce the attractiveness of the sky over the City to the desired bird population; • • Ordinance No. 355 Page 2 4. Effective regulation of aircraft is essential to the furtherence of the health and welfare of the City's inhabitants, and to their conduct of the normal pursuits of life, recreation, commerce and industrial activity. 8.30.020 Definitions. For purposes of this chapter, certain terms are herein defined. A. Aircraft. The term "aircraft" shall include every type of airplane, helicopter, ultralight, glider, balloon, parachute, dirigible, or other contrivance now known or hereinafter invented, used or designed for navigation of or flight in the air or used as a means of transporting persons or goods or both in the air. B. Landing. The term "landing" includes: the loading or unloading of person(s) and /or cargo between an airborne aircraft and the ground or a structure or other object located on the ground or on the water; or, the touching of any part of an aircraft upon the ground or on the water, or upon a structure or other object located on the ground or on the water. 8.30.030 Aircraft and Landings Prohibited. Except in case of emergency or military operations, no per- son without a permit shall land any aircraft within the corporate limits of the City of Morro Bay except upon a regularly established and permitted airport field, heliport, or helistop. 8.30.040 Exemptions. A. Due to the nature of certain aircraft operations, ex- emptions by special use permit for a limited duration may be granted based on specified operational needs and requirements, although aircraft owners and operators shall comply with Federal Aviation Administration (FAA) safety precautions and restrictions at all times. 1. Applications for a special use permit pursuant to the provisions of this chapter shall be completed and submitted to the City Administrator or his designee on a form provided for said purpose. A non — refundable filing fee for the permit is hereby established in the Master Fee Schedule in an amount set by resolution of the City Council, and said fee shall be paid at the time of filing of the permit application. The permit application shall contain a clause signed by the permittee(s) indemnifying and insuring' the City against any and all claims, injuries, damages, and other liabilities arising from all operations conducted under the requested permit. • Ordinance No. 355 Page 3 2. Permit applications shall be filed no later than five (5) business days prior to the time and date of the intended aircraft operation. Each applicant shall provide a written statement detailing the extent and duration of operation or land- ing planned including the type of work to be performed and the location with the written permission of the property owner thereof. 3. In determining whether to issue a special use per- mit, the City Administrator or his designee shall consider weather conditions, the presence of obstructions in approach, de- parture, and touchdown zones, the proximity of the landing site to schools, nesting or environmentally sensitive habitats, and other centers of activity, the size of the landing site, and any other necessary factors. The City Administrator or his designee may impose conditions and charges for public services on the issuance of the special use permit as deemed necessary to ensure the public health, safety, and welfare. 8.30.040 Emergency and Military Operations. When immediate action by a person, government agency, or the military performing a public service is required to protect life and property from imminent danger, or to restore, repair, or maintain public works, utilities or services destroyed, damaged, or interrupted by natural disaster, serious accident, or in other cases of emergency, the requirements of obtaining any permit un- der this chapter may be waived upon notification to the City Ad- ministrator of the type and location of the work within three days after the disaster or discovery of the danger, whichever occurs first. 8.30.050 Violation — Penalty. Any person who violates any provision of this chapter is deemed guilty of a misdemeanor /infraction and, upon conviction thereof, is subject to punishment as provided in Title 1 of this code. The imposition of one penalty shall not excuse the viola- tion(s) or permit such violation(s) to continue. When not other- wise specified, the existence of such operation for each and every day after citation shall be deemed a separate and distinct offense. Validity. Should any section or part of a section, clause, or provi- sion of this chapter be declared by any court to be invalid, the same shall not affect the validity of this chapter as a whole, or any part thereof, other than the part so declared to be invalid. • • Ordinance No. 355 Page 4 PASSED AND ADOPTED by the Morro Bay City Council at a regu- lar meeting held thereof on the 24th day of July 1989. AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ABSTAIN: None ATTEST: 'el 12--cm A I DAVIS, City Clerk APPROVED AS TO FORM AND LEGAL EFFECT: • t� 359 - Oii -44/ $Sl & ". ORDINANCE NO. 354 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND ADOPTING MINOR MODIFICATIONS TO SECTION 17.44 OF THE MUNICIPAL CODE (ZONING ORDINANCE - PARKING STANDARDS) T H E C I T Y C O U N C I L City of Morro Bay, California The City Council of the City of Morro Bay does ordain as follows: Section 1. The Council hereby makes the following findings: 1. On August 10, 1988, the City Council after numerous PUBLIC HEARINGS did adopt recommendations concerning revised parking standards as part of the draft Circulation Element of the General Plan; and 2. In order to maintain consistency required by State law between the General Plan and the Zoning Ordinance, it is now appropriate to modify the parking standards of the Zoning Ordinance to comply with the revised standards set forth in the Circulation Element of the General Plan; and 3. On July 3, 1989, the Planning Commission did hold a duly noticed PUBLIC HEARING and considered the staff report, and the testimony, both oral and in writing, of all persons wishing to testify concerning the proposed amendments to the parking standards of the Zoning Ordinance, and then approved the amendments by resolution; and 4. On July 10, 1989, the City Council did hold a duly noticed PUBLIC HEARING and considered the staff report, the recommendations of the Planning Commission, and the testimony, both oral and in writing, of all persons wishing to testify concerning the proposed amendments to the parking standards of the Zoning Ordinance; and 5. The Environmental Coordinator has recommended a Negative Declaration be filed for the purposes of the California Environmental Quality Act. 6. The modified language of Section 17.44 of the Municipal Code set forth in Section 2 below are minor amendments to the City's parking standards necessary to maintain consistency with the recently adopted Circulation Element of the General Plan. • • Ordinance No. 354 Page Two 7. These revised parking standards more accurately reflect the parking needs likely to be experienced as a result of future retail commercial, restaurant, and industrial development projects, and are therefore appropriate for use in evaluating and establishing standards for such future projects. 8. The revised parking standards will bring the City of Morro Bay's standards into greater consistency with those approved by the Coastal Commission for other communities in the coastal zone within the central part of the State. 9. The City of Morro Bay hereby finds that the proposed parking standard 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. Section 2. Chapter 17.44 of the Morro Bay Municipal Code is hereby amended as set forth below: 17.44.020(B) 4. Retail Commercial Uses. a) General (such as food, clothing, books, hardware, automotive accessories). One space for each two hundred and fifty square feet of gross floor area, b) Restaurants, Cafes, Bars. One space for each four permanently located seats or one space for each sixty square feet of floor area to be occupied by customers, whichever is greater, plus one space for each thirty square feet of dance floor. Where restaurants are part of a hotel or motel one space for each six permanently located seats or one space for each ninety square feet of floor area to be occupied by customers, whichever is greater, plus one space tor each Thirty square feet of dance floor. For booth or benEb seating, each two feet of— length or fraction thereof shall count as one seat, • • Ordinance No. 354 Page Three 7. Industrial Uses. a) Manufacturing, Industrial Uses. One space for each five hundred square feet of gross floor area, unless reliable information is available to accurately —aetermine the anticipated number of employees, in which case there shalT be one space for each two employees for the number of employees expected on the largest ihitt. Section 3. To implement the amendments adopted herein, the City Council of the City of Morro Bay, California, hereby directs as follows: 1. This Ordinance containing the Zoning Ordinance amendments set forth in Section 2 above shall be transmitted promptly to the California Coastal Commission with the request that the Commission certify the amendments; and 2. This Ordinance shall take effect immediately and automatically upon said certification. PASSED. APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, at a regular meeting held thereof on the 24th day of _July_, 1989, by the following vote to wit: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: APPROVED AS TO FORM: 51, ,di WO J,- 7ty Attorney • 0 ad 55 3 - 1�d &/5 . Cho • 0 ORDINANCE NO. 353 AN ORDINANCE AMENDING CERTAIN SECTIONS OF ORDINANCE NO. 275 AND OF TITLE 14 OF THE MORRO BAY MUNICIPAL CODE AND ADOPTING THE 1988 EDITION OF THE UNIFORM BUILDING CODE, UNIFORM BUILDING CODE STANDARDS, UNIFORM CODE FOR BUILDING CONSERVATION, UNIFORM PLUMBING CODE, UNIFORM MECHANICAL CODE, UNIFORM SIGN CODE, UNIFORM HOUSING CODE, UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS,• UNIFORM SWIMMING POOL CODE, AND UNIFORM SOLAR ENERGY CODE T H E C I T Y C O U N C I L City of Morro Bay, California The City Council of the City of Morro Bay does ordain as follows: Section 1. That Title 14 of the Morro Bay Municipal Code is hereby amended as follows: 14.12.030: 14.12.120: 14.16.010: Uniform Administrative Code adopted. The Uniform Administrative Code, 1988 Edition, published by the International Conference of Building Officials, is adopted by reference with the same force and effect as if fully set forth in this chapter and as amended hereinafter. Official Codes Filed. Not less than three certified copies of the 1988 edition of the Uniform Building Code, Uniform Building Code Standards, Uniform Code Mechanical Code, Uniform Plumbing Code, Uniform Housing Code, Uniform Code for the Abatement of Dangerous Buildings, Uniform Swimming Pool Code, Uniform Solar Energy Code, the 1987 Edition of the National Electri- cal Code, and the 1985 Edition of the Uniform Fire Code adopted by reference in this title, shall be filed in the office of the City Clerk, and shall be available for public inspection. The Building Official shall maintain a reasonable supply of copies of all adopted codes available for purchase by the public at cost. Adopted. The Uniform Building Code, 1989 Edition, including appendices, Chapter 49 - Patio Cover, Chapter 70 - Excavating and Grading, the Uniform Building Code Standards 1988 Edition, and the Code for Building Con- servation, Second Printing, Chapters 1, 2, 3, and Ap- pendix Chapter 1, published by the International Con- ference of Building Officials, is adopted by reference with the same force and effect as if fully set forth herein. 14.24.010: Adopted. The Uniform Plumbing Code, 1988 Edition, the Uniform Swimming Pool Code, 1988 Edition, and the Uni- Ordinance No. 353 Page Two 14.28.010: 14.32.010: 14.34.010: Section 2. Section 3. form Solar Energy Code, 1988 Edition, as published by the International Association of Plumbing and Mechani- cal Officials, is adopted by reference with the same force and effect as if fully set forth herein. Adopted. The published by Officials, is and effect as Uniform Mechanical Code, 1988 Edition, as the International Conference of Building adopted by reference with the same force if fully set forth herein. Adopted. The Uniform Housing Code, 1988 Edition, and the Uniform Code for the Abatement of Dangerous Build- ings, 1988 Edition, as published by the International Conference of Building Officials, is adopted by refer- ence with the same force and effect as if fully set forth herein. Adopted. The Uniform Sign Code, 1988 Edition, as pub- lished by the International Conference of Building Officials, is adopted by reference with the same force and effect as if fully set forth herein. Section 14.64.010 of Title 14 is deleted from the Morro Bay Municipal Code. This Ordinance shall take effect thirty (30) days after its adoption, and prior to the expiration of fifteen (15) days from the passage thereof shall be published and circulated in the City of Morro Bay and thenceforth and thereafter the same shall be in full force and effect. PASSED, APPROVED AND ADOPTED by the City Council of the City of Morro Bay at the regular meeting thereof held on this 10th day of July, 1989. AYES: Baker, Odell, Wuriu, Sheetz NOES: None ABSENT: Lemons ATTEST: ELANE NOVAK, Deputy City Clerk APPROVED AS TO FORM: 1 iD S O' N, City Attorney hag OSE MARIE SHE TZ, Mayo 0 • 0 6, 35 - Iw allay Ja ORDINANCE NO. 352 AN ORDINANCE AMENDING TITLE 14 OF THE MORRO BAY MUNICIPAL CODE REQUIRING THE INSTALLATION OF ULTRA -LOW FLUSH AND FLOW FIXTURES IN ALL NEW CONSTRUCTION AND WHEN REPLACING PLUMBING FIXTURES IN EXISTING STRUCTURES T H E C I T Y C O U N C I L City of Morro Bay, California THE CITY COUNCIL of the City of Morro Bay makes the following findings: WHEREAS, water is a precious commodity and finite re- source in limited supply in the central coast area and espe- cially within the City of Morro Bay; and WHEREAS, the City of Morro Bay may be coming perilously close to exceeding the safe yield of water available to the City; and NOW, THEREFORE, for purposes of water conservation and the exercise of proper stewardship over the municipal water resources of the City of Morro Bay, the City Council of the City of Morro Bay, California does hereby ordain as follows: 1. Morro Bay Municipal Code Section 14.24.050 is hereby amended in its entirety to read as follows: 14.24.050 Requirements of water saving fixtures. This section shall apply to all new construction for which a building permit is required, and to the replace- ment of plumbing fixtures within existing structures. Remodeling which does not involve replacement of existing plumbing fixtures shall be exempt from the provisions of this section. In cases where the building official deter- mines the use of such fixtures in existing structures would fail to meet uniform plumbing code standards, fixtures using the least amount of water which do meet the uniform plumbing code standards shall be utilized. In all cases, only toi- lets, urinals, and flushometer valves approved by the California Department of Housing and Community Development, pursuant to the provisions of Section 17921.3 of the California Health and Safety Code, shall be utilized. A. Toilets designed to use a maximum of one and one - half (1.5) gallons of water per flush shall be utilized. 0 6 Ordinance No. 352 Page 2 B. Shower heads and lavatory and kitchen sink faucets designed to use a maximum of two and three - quarters (2.75) gallons of water per minute shall be utilized. C. Urinals and associated flushometer valves designed to use a maximum of one and one -half (1.5) gallons of water per flush shall be utilized. D. The manufacturer's name and model water saving fixture to be utilized shall be building department before installation. 2. Section A of this Ordinance shall until 01 January 1990. PASSED, APPROVED, AND ADOPTED on this June ,,1989 by the following vote: AYES: NOES: ABSENT: ATTEST: Baker, Lemons, Odell, Wuriu, Sheetz None None ARDITH DAVIS, City Clerk of each type of supplied to the not take effect 12th day of //: ►ems O E . •IE SHEE' _, Mayo'! APPROVED AS TO LEGAL FORM AND EFFECT: • • ORDINANCE NO. 351 AN ORDINANCE OF THE CITY OF MORRO BAY CITY COUNCIL AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF MORRO BAY CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM The City Council of the City of Morro Bay does hereby ordain as follows: Section 1 That an amendment to the Contract between the City of Morro Bay City Council and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked as "Exhibit A ", and by such reference made a part hereof as though herein set out in full. Section 2 The Mayor of the City of Morro Bay is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency. Section 3 This Ordinance shall take effect thirty days after the date of its adoption, and prior to the expiration of fifteen days from the passage hereof shall be published at least once in the Sun Bulletin, a newspaper of general circulation, published and circulated in the City of Morro Bay and thenceforth and thereafter the same shall be in full force and effect. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 22nd day of May, 1989 by the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: Ar it Davis, City Clerk Rose Marie heetz, or �poo�S�G III * * COPY * * * • 'A' AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF MORRO BAY The Board of Administration, Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of above public agency, hereinafter referred to as Public Agency, having entered into a contract effective July 1, 1965, and witnessed June 1, 1965, and as amended effective August 15, 1981, November 19, 1983 and January 7, 1989, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective January 7, 1989, and hereby replaced by the following paragraphs numbered 1 through 12 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 60 for local miscellaneous members and age 50 for local safety members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after July 1, 1965 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contract- ing agency. 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are, excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); c. Employees other than local safety members (herein referred to as local miscellaneous members). * * COPY 4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: a. ELECTED OFFICIALS; b. APPOINTIVE COMMISSIONS; AND c. PERSONS COMPENSATED ON AN HOURLY BASIS. 5. This contract shall be the continuation of the contract of the Morro Bay Fire District, hereinafter referred to as "Former Agency ", pursuant to Section 20567.1 of the Government Code, Former Agency having ceased to exist and been succeeded by Public Agency on July 1, 1965. Public Agency, by this contract, assumes the accumulated contributions and assets derived therefrom and liability for prior and current service under the Former Agency's contract with respect to the Former Agency's employees. 6. The fraction of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member shall be determined in accordance with Section 21251.13 of said Retirement Law (2% at age 60 Full). 7. The fraction of final compensation to be provided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 21252.01 of said Retirement Law (28 at age 50 Full). 8. The following additional provisions of the Public Employees' Retirement Law, which apply only upon election of a contracting agency, shall apply to the Public Agency and its employees: a. Sections 21380 - 21387 (1959 Survivor Benefits) including Section 21382.4 (Third Level of 1959 Survivor Benefits) for local safety members only. Section 20862.8 (Unused Sick Leave Credit). 9. Public Agency, in accordance with Government Code Section 20740, ceased to be an "employer" for purposes of Section 20759 effective on August 15, 1981. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20759, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20759. 2IEASE DO NOT SIGN "EXHIBIT ONLY" • * * COPY * * * • 10. Public Agency shall contribute to said Retirement System as Follows: a. With respect to local miscellaneous members, the agency shall contribute the following percentages of salaries earned as members of said Retirement System: (1) 5.517 percent until June 30, 2011 on account of the liability for current service benefits. (Subject to annual change.) b. With respect to local safety members, the agency shall contribute the following percentages of salaries earned as members of said Retirement System: (1) 16.983 percent until June 30, 2011 on account of the liability for current service benefits. (Subject to annual change.) c. Public Agency shall contribute $3.00 per employee on account of the liability for the 1959 Survivor Program provided under Section 21382.4 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for beneficiaries of all local safety members. d. A reasonable amount, as fixed by the Board, payable in one in- stallment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. e. A reasonable amount, as fixed by the Board, payable in one in- stallment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 11. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. PLEASE DO NOT SIGN "EXHIBIT ONLY" * * COPY * * * 12. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within thirty days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the day of , 19 BOARD OF ADMINISTRATION ;y, CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM \�( OF THE \OC� CITY OF MORRO BAY yy BY CHIEF, CONTRAC SERVICES DIVISION PUBLIC EMPr�QY `S' RETIREMENT SYSTEM Ov PERS -CON -702 (AMENDMENT) (Rev. 6/88) BY Presiding Officer Witness Atte5ttS° \f Q Clerk • • a, 356 j2,-2 t4, - St • • ORDINANCE NO. 350 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND ADOPTING AMENDMENTS TO CHAPTER 17 OF THE MORRO BAY MUNICIPAL CODE ZONING ORDINANCE ESTABLISHING THE NORTH MAIN STREET SPECIFIC PLAN T H E C I T Y C O U N C I L City of Morro Bay, California The City Council of the City of Morro Bay does ordain as follows: Section 1. The Council hereby makes the following findings: 1. The Planning Commission has conducted neighborhood workshops on November 18, 1985, February 19, and March 26, 1987, and received broad based public input for the conceptualization and refinement of the goals and objectives of the North Main Street Specific Plan. 2. The Planning Commission has conducted public hearings to review the Draft North Main Street Specific Plan on February 3, 1986, January 28, May 31, August 1, August 15, 1988, and February 21, 1989. The City Council has conducted public hearings to review the Draft North Main Street Specific Plan on September 12, September 26, October 10, October 24, November 14, 1988, January 9, and April 24, 1989. 3. The Environmental Coordinator has determined that the amendments will not result in a significant adverse impact on the environment, and therefore qualifies for the filing of a Negative Declaration for the purposes of the California Environmental Quality Act, (CEQA), and further the Planning Commission does recommend approval of this determination. 4. The City Council has received review comments from the Street Advisory Committee and the Recreation and Parks Commission, and the Planning Commission, the California State Department of Transportation and the State Department of Fish and Game. 5. The City Council of the City of Morro Bay, California has held duly noticed PUBLIC HEARINGS on February 3, 1986, January 28, May 31, August 1, August 15, 1988, and February 21, 1989 to consider City initiated amendments to the Local Coastal Program, General Plan, Zoning Ordinance to establish the North Main Street Specific Plan. Said Specific Plan includes those properties between Radcliffe Street and Zanzibar along North Main Street. Ordinance No. 350 Page Two 6. Scenic views from this neighborhood contribute to a feeling of identity, character, and value to the community and should be protected. 7. Coastal access has been greatly hindered by the north -south State Highway One route through this neighborhood and would be remedied by the construction of a pedestrian highway overcrossing; and 8. Bicycle transportation offers a desirable alternative to automobile use and should be encouraged by the implementation of safe and practical bike ways. 9. Existing mixed use development patterns are a positive land use function worth maintaining and protecting by development and performance standards. 10. Major intersections in the plan area are entry corridors to the City and should be enhanced and maintained to establish a sense of community pride and identity. 11. The orderly growth and physical development of the community would be better served by the contemplated specific plan. 12. The contemplated specific plan is consistent with the applicable policies of the Coastal Land Use Plan, and General Plan. 13. The contemplated specific plan is compatible with the use and enjoyment of adjacent properties. 14. The amendments to the official zoning ordinance and map, shown by Figures A and B and Exhibits A and B attached hereto and made a part hereof, are necessary to conform to and implement the amendments to the Local Coastal Program Land Use Plan set forth in Resolution No. 43 -89. 15. The City of Morro Bay hereby finds that the above referenced Local Coastal Program zoning ordinance and map 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. • • Ordinance No. 350 Page Three Section 2. Chapter 17 of the Morro Bay Municipal Code official zoning ordinance and map, is amended as shown on Figures A and B and Exhibits A and B, 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 ordinance and map amendments shall be transmitted promptly to the California Coastal Commission with the request that the Commission certify the Amendments; and 2. This Ordinance shall take effect immediately and automatically upon said certification. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay at a regular meeting held thereof on the 22nd day of May, 1989, by the following roll call vote: AYES: NOES: ABSENT: ATTEST: a&f k APPROVED AS TO FORM: orney OSE A IL SH 1;' / Art, \ '. ' Area .A • FIGURE A. ZONING MAP AMENDMENTS U %- 1011 111 Da ID 11in11 110 a1..- 2-.L ■t 1 /11an 4Im( n 1 101110111 Mon al 1■unraci11■ ®■. i�11 a Mr • ■gI11Il� Ilia i% • QA-2.PD .R-39D ARV+, 6.,A Area D . Srlattitt\ litas r.301 J.. • R -A /PD Sections: 17.71.010 17.71.020 17.71.030 17.71.040 17.71.050 17.71.010 North Main Street Specific Plan adopted. The zoning regulations and - stands to-T -That parr of the City of Morro Bay illustrated in Figure A shall be the "North Main Street Specific Plan" which is -- established and provides for regulated development in accordance with the purpose, rationale and objectives set out therein; said specific plan is hereby incorporated herein by this reference in its entirety. 17.71.020 Division Into Areas. The Specific Plan is divided into areas where different development standards, uses, or mixes of uses may be permitted. The areas are described below and illustrated in Figure _B Area A: Island to Zanzibar. Area B: Elena to Island. Area C: State Highway 41 to Elena. Area D: State Highway 41 to Radcliffe. 17.71.030 Allowable Uses. Different uses or mixed uses ybb be in the M zone with compliance to the applicable development standards. A. Definition and Purpose: Mixed Commercial /Residential (MCR) District. "The MCR zone allows conditionally permitted C -1- N, C -1, and C -2 uses, mixed commercial and residential in any proportion, or exclusive residential use. Unless designated with the R -2, R -3, or R -4 suffix, the MCR district would allow R -1 residential development. The purpose of the MCR district is to maximize the opportunity for commercial development and maintain the integrity of surrounding residential neighborhoods by allowing a mixture of appropriate commercial and /or •EXHIBIT "A" • CHAPTER 17.71 NORTH MAIN STREET SPECIFIC PLAN North Main Street Specific Plan Adopted Division Into Areas Allowable Uses Development Standards Off -Site Improvements • • residential uses to be evaluated according to any applicable development and performance standards during the implementation phase. B. Generally: All uses in the MCR and VS -C zones of the NMSSP area are conditionally permitted only; that is no use shall be allowed without first obtaining a Conditional Use Permit approved by the Zoning Administrator. Any applicant may elect to petition the Planning Commission for a Conditional Use Permit pursuant to Chapter 17.60 and this plan. C. Residential Uses: Residential uses may be permitted in the MCR zone in conjunction with an approved office or commercial use in accordance with the provisions of this chapter. Residential uses without accompanying commercial development as allowed in the R -1 zone may be permitted according to the applicable development standards of this plan. Designation of the MCR zone with an R -2, R -3, or R -4 suffix will permit residential development according to the designated density and applicable development standards of this plan. D. Visitor Serving Commercial: d ingy in Chapp X17.12 -057 be permitted in the VS -C zone Use Permit. The scale, treatment shall be compatible a residential neighborhood. Bed and breakfast uses as with ancillary facilities may or MCR zone with a Conditional layout, and architectural with and shall reflect that of E. Service and Retail Commercial: All uses in the C -2, C -1 and C=1-=1 zones inclusive may be permitted in the MCR zone with a Conditional Use Permit, subject to the developmental standards of this plan. 17.71.040 Development Standards. In addition to the findings required by Chapter 1'7 -60, the PTEnning Commission must find that the following development standards have been met before approving a Conditional Use Permit for any use in the North Main Street Specific Plan: A. Mixed Uses. In anv mixed use (ie: commercial and residential) project, the project, in terms of specific types of uses, their locations and the development layout and design shall provide for compatibility among the uses. to -the- extent- preet#ee .i. Features such as building entrances and open parking shall be differentiated to the extent practical between residential and commercial uses on the same site. Adequate private and common open space generally in conformance with standards set forth in Chapter 17.49 herein shall be provided for all residences. • • B. Side and Rear Yard Setbacks. The minimum side and rear yard setbacks shall be five feet .- ead-- a- se444 - €4ve- €eat- €eaeer wail- er-- etker- buffer- she € €- be- inste4ied- a }eng- fear - and -aide property -44nee - -e €- any- eeMmereie 4- er m¢xed- deve €epmen €v All setbacks shall be landscaped.--- Regeired - -bn€ €ere- eheii - -be sued- and- e4tnated- se- as- te- preeet- views- €rem- dr41eweye -€er e- distenee- -e € - €i €teen -- feet- €rem -- the- a € €eeted -- street -aide preperty--1inew Larger setbacks may be required ovbye the he Planning Commission if deemed necessary adequate buffer between uses. C. Fronjyard setbacks and landscaping. - A minimum of five (5) feet o Z an3 re scape aa shaITTh provided in front of any building or parking lot facing a public street. Where a developer elects Main Street realignment, the frontyard setback will be reduced accordingly and the developer shall be responsible for landscaping the realignment island. D. Mature trees. Mature trees shall be shown on site plans submitted -for a development, use, or building permit. Any mature tree, defined as having a trunk circumference of 17" measured 24" above grade shall be preserved unless preservation of the tree presents economic hardships to the owner of the property, safety problems, or is severely diseased. The burden of proof of economic hardship, safety, or disease shall be on the applicant at the time of application for a development, use, or building permit in the Specific Plan area. Removal of trees for economic hardship, safety, or disease shall be approved by the Planning Commission or Director of Community Development as appropriate at the time of permit approval. E. Roofline variation and view corridors. The maximum height shall be generally two stories (above subterranean or semi - subterranean parking if provided) and not to exceed 25 feet; except that the Planning Commission may allow up to 30 feet to encourage roofline variations and sloping roof treatments provided that the additional height is necessary for such roof treatment and that corridors protecting significant views are provided. Furthermore, to prevent long, unvarying rooflines, the Planning Commission shall consider the following guideline when allowing a project to exceed the usual 25 -foot limit: Not more than one -third of the west elevation of the building roofline, and, if different, not more than one - third of the elevation of the longest building roofline shall exceed 25 feet in height. This standard is intended as a guideline, not a strict requirement, and the Planning Commission may vary from this guideline as deemed necessary and useful to meet the intent of this section. Flat roofs shall be discouraged wherever possible. All applications for buildings with more than one story and /or with pole signs shall include a view analysis from the residential neighborhood to the east. To the extent practical, significant view opportunities shall be preserved and protected through the use of view corridors and air space easements. Assessment of scenic values and preservation of scenic views shall be prepared and implemented according to the Visual Resources Policies of the Local Coastal Program, in particular, policies 12.01, 12.02, 12.05, 12.06, 12.08, and 12.09. Fr--- Gempat # bi }ity- with -- nearby- ree4dent4a4- erecter- -Te- the -e *tent preetre T- peteetre"4-eenf }rate- wrt�+- the- adjeeent- reeidentiei areas- ehe44-- be- min4m4sedT -- part4es }er +y -w4th- regard -teT -bat nab-- neeeseari }y - - -} invited-- teT--- eeieeT-- S}arer-- edere- -end eetbaeksr Gr - - -Sr a -her ht-- anA- glare, - -- Other-- eeetiene -ef -- this - Title -net wr4 s an rngT- ne - -pct sign -- she }t- emeeed - - }5- feet -in- height end- ne-- t } }eminetten- may-- be- direeted -- inward -- the-- adiaeent prepertieer-- -Signs -aed -- their- glare -- shah- be- sereeeed -from the- resideaeee -te -the- east - and- from- ad4aeeet- preperiesr Hr--- Hears -ef - -egeretienr --- Ai }- de }iveries-- ehaii -be -- limited - -te hears- et -44HO- army- te- iB +OO -prmr Fr-- -Me4n- Street-- eeeess- drivewe s - -ead- arking-- later- -Garb -eats aea� ere rrveways -en- - tree - shell- be- mrnrmreed- aed- a } } -epen parking- areee-- eheii- be- eereeee4- from- pnb }ie- view - a -leng -Mein 8treet - behind - be4-144ngs- er- iaedseaped- setbeekeT F. parking,_ iFlu shall feasible, semi- subterranean usable open space or landscaped areas. G. Specific plan fee. Pursuant to the California Government Code, deveropers shall be assessed a fee reflecting a proportionate share of the cost of the preparation of this specific plan as a condition of approval. 17.71.045 Performance Standards. In addition to the findings requirerby Chaffer 1777-607the Planning Commission must find that the following performance standards have been met before approving a Conditional Use Permit for any use in the North Main Street Specific Plan: A. Compatibility with nearby residential areas. Potential conflicts with the ad scent residential areas shall be minimized, particularly with regard to, but not necessarily limited to noise, glare, odors, chemicals and screening. • • B. Noise. Any business operating with sustained or intermittent noise levels exceeding 70 Ldn as described dth but not e Noi Element, (June 1976, Fig. 4, pg. l• 2c ) limited to wood or machine milling, air hammers, generators, or prolonged or excessive truck deliveries, will not be allowed. C. Hours of. operation. All deliveries shall be limited to the hours-between-7:-00-a.m. and 10:00 p.m. D. Sign height and glare. Other sections of this Title not withstanding, rto pole sign shall exceed 15 feet in height and no illumination may directed toward the adjacent properties. Signs and their glare shall be screened from the residences to the east and from adjacent properties. E. Odors. Any business involving the use or on- promise storage of products releasing noxious fumes or odors, including but not limited to tar, asphalt, oil emulsions, sulphur dioxide, chlorine, or animal and fish processing, will not be allowed. F. Chemicals. Any business involving the use or storage of noxious chemicals including but not limited to pesticides and herbicides other than those packaged for retail sales, or, large volumes of solvents or flammable liquids (excluding gas stations), will not be allowed. G. Screening. A solid five -foot fence, wall or other buffer shaITbe installed along rear and side property lines of any commercial or mixed development. Required buffers shall be sized and situated so as to protect views from driveways for a distance of fifteen feet from the affected street side property line. 17.71.050 Offsite Improvements. In approving any Conditional Use Permit the following will be required as conditions of approval: A. Curb, gutter, sidewalk, and street trees. In addition to any other improvements found necessary by the Planning Commission, all commercial and residential developments shall be required to install curb, gutter, ten -foot wide sidewalks and street trees pursuant to City standards and /or planted and maintained concrete planter boxes subject to any encroachment permit. The Planning Commission shall have the option of granting a sidewalk width of not less than 6 feet. B. Intersection improvement fees. As a condition of approval of any - Conditional -Use Permit, the developer shall pay a fee for signalization and related improvements at the intersection at Highway One, Highway 41 and Main Street as specified in the Specific Plan. Said fee shall be proportional to increased traffic generated by the subject • project at said intersection as estimated by a traffic engineer and subject to review and approval by the City Engineer. Said fee shall be placed in a special fund and used strictly for the planning, design or construction of improvements to that intersection. C. Landscaping_improvement fees:_ Developers shall pay a fee for the purpose of implementing the landscaping proposals on Main Street and the Highway 41 entry corridors. Such monies shall be placed in a special fund to be used for this purpose. Said fee shall be equal to $2.00 per linear foot of Main Street and /or Highway 41 frontage. D. Other impprovements. Other improvements and /or easements related to streets, sewers, water lines, storm drainage. fire hydrants and any other on -or off -site facility deemed reasonably necessary to protect the public health, safety or welfare may be required by the Public Works Director or Planning Commission, as a condition of approval, to contribute in -kind or through fees to the mitigation of storm water drainage problems, as identified in the Storm Drain Master Plan, in proportion to the impacts created by the development. E. Deferments. Where the Planning Commission deems that deferring installation of needed public improvements will help increase the feasibility of a desirable project and will not pose any immediate or unreasonable threat to the public health, safety or welfare, such time deferments may be permitted subject to the posting of adequate bonding to insure the eventual installation of such improvements. • EXHIBIT "W' t AMENDMENTS TO THE ZONING ORDINANCE FOR NORTH MAIN STREET SPECIFIC PLAN page 31 add to Chapter 17.24 Districts Established under Sections: 17.24.065 Mixed Commercial /Residential (MCR) district page 32 add to Chapter 17.24: 17.24.065 Mixed Commercial /Residential (MCR) district. Tie purpose of the mixed commercia-1 /residential district or "MCR: district is as follows: (1) To allow and regulate a mix of compatible commercial uses with residential uses in districts where a strip commercial area is in close proximity to a residential neighborhood. (2) To broaden the range of commercial market opportunities and provide a review procedure to protect the residential neighborhood from unsafe or unhealthy conditions. page 67 add to Chapter 17.40.030 F.1.: An exception to the above shall be permitted in the MCR mixed use district. The combination of a residential zone with the MCR zone will allow a mix of commercial and residential uses in any proportion, or, exclusive residential use may be permitted according to the standards of the residential zone so designated. All development in an MCR mixed use combining district shall comply to applicable standards of this section and of Chapter 17.71 North Main Street Specific Plan. Zoning Map (1) Amend the map to reflect the zone changes of the specific plan (2) Add an overlay pattern to mark the plan areas of adopted specific plans. JV:ml /nmainf.ile /1- 89amnd.doc 6uTdaospua ?I p.ax .aa� umu1T':t4 o =ax ;PIS :OT :a :I:T x • 44 0 C C 0 .0 .M m L > 1 C-4 N 0 4 - 1 1 . 1 1 4 u 0� W. 0.0 UN m.0 4 0' 0 0..0 U O. NCqL q N q L .I .0 N 7 •• 40.0 00 Cl •CI 4 E'0 O L'4 0 .c .M O N • L- 4.0 'L d' •700.'0'0 -M 4L 0-'4 01.X Um 0y1 f1A0 • 0 et .0 ' • 0 0 � 7 0 n 0 0 1011 U I• -1 L C'0 O' 4 L 0 C • q N ti C 1 4 .0 E 0.'O -4 3 (P :a;. ?PIS _01:0;X c. :o? 7.9U300 Pax utnulT UT.;.; V=pTM CO ?I utnuzT UT 1,3 ' aZTS buTpxT0e ta utnmTUTW :Tux?? ;g6Tag G paiTnbaf ;tW.a3 asn jauoT^TPuo3 4 4 • • 0.-1 L •M 7 E 7.M N 0 C O 0 L ? t • 0 0 L O M N L 3 • 79 '0 C L U C'7 C 3 C 0 u o L.' 3 N.-. O U'4. q c • N q c O 0> '•.s u U -I 0 .v4 9 •-' .0 L C F 3 q 3 u i.t V L 0 en O 0 41 4 O •M I.i 0 L N 4 0 • ) 3 011 0 ..T'O. Oa-. .Oj 0 L 3 V 44 4 C 4 0 0 0.. tn .-1 C 0.0••1 0 •M C N.C' W rv007'1.•I> >0qU.' 1 0 0 0 1 •I 4 1 0 U 1 0 C I L I 1> - •M •M N L .. 0 0 •M '0 N -M 0 0.0t -1 0 > C 0.1-- . 4 1 4 - 1 a 4 . 4M L U 0 in E o L 0.41 0 0 C• >IL 0. C c O W 0 0 0 C -M 0.11 14 .M Q4 .0 10 0. 4 C •M 4 7 4 >.0 43q 17 0.000.-1 Ea600 EL00. N 4 o el 0 O >. 0 0'U 0 L U-M 013 .0 0 L .0 .N 0 4 ^I 0 E L . L '0 .1 L "1 m 0 V m 0 M 0 4 m 0 U 7 L a P C, C K U O. • N -M O' •M 0 e0 C 0 O C• 0 4 .' ^I C N 0 0 •• 4 4 ^I 3 N 0 L 04 it .M I 'U •M N O L 0 0 .c' UI 0. .M'0 C .0 0 0 > - 11 L m C q C 0 0 0 0 M T. 9 CI U 4J c m 0 '00 0 L 3 U N (4 Z .' O 0 Ti 0 ... .M m 0 0 0 la 0. C L•MY C N W N N.-I ul - • 0 U a -1 4 0 O 0 7 0 I 0 C ~.0 N 0 G U L C 4 0 .. L•C U 0 V .M Z •.M u' M L X L O 'M O N N ..4 N E..4. .N M -M E 'U L : X U N L Z ..0 •... .M 7 U . •G 4 .M 4 > L °. > m a .H ti > • 0 0 Q N ' u -I .-1 I M - -: 7 1 ,<U 00'-'0 W.0 O.0 .0 '03 NC G ^I c r L L N C UI .N'1 J =1 - C L % ^ICI 7IJL0. • U'cic -.0. 4 09 - �,� d iotfrifilitp - fin, Amze War_ • 6 ORDINANCE NO. 349 AN ORDINANCE ADOPTING AMENDMENTS TO THE MORRO BAY MUNICIPAL CODE CHAPTER 17 (THE ZONING MAP) FOR THE PINEY WAY VILLAGE PROPERTY THE CITY COUNCIL City of Morro Bay, California The City Council of the City of Morro Bay does ordain as follows: Section 1. The Council hereby makes the following findings: 1. On November 8, 1988 the voters of the City of Morro Bay adopted Measure "D" an ordinance amending the Zoning Ordinance to change the permitted land uses from R -2 to C -1, district commercial, for the Piney Way Village property located in the City of Morro Bay generally between Quintana Road, Kennedy Way, Harbor Street, and Morro Bay Boulevard, and to revise all applicable land use policies accordingly, and to submit the Amendments to the Coastal Commission for amendment and certification; and 2. On January 25, and March 27, 1989 the City Council conducted duly noticed PUBLIC HEARINGS to consider the staff report and receive public and agency comments on the specific amendments contemplated in order to comply with Measure "D "; and 3. The City Council does hereby determine and find for the purposes of the California Environmental Quality Act that the contemplated amendments to the Land Use Plan are exempt from CEQA as the functional equivalent of an EIR and that for purposes of CEQA the Coastal Commission is the lead agency, and no further documentation is necessary by the City, and 4. By operation of the citizen's initiative, Measure "D ", the City Council is bound and required to make the amendments described in the initiative; and 5. The only amendments necessary to comply with Measure "D" consist of changing the land use designation applicable to the property from medium density residential to district commercial on the City's official zoning map. No other amendments to the Zoning Ordinance are required. 6. The City Council of the City of Morro Bay, California does hereby find that this Local Coastal Program Land Use Plan map amendment is in compliance with the intent, objectives and policies of the California Coastal Act and that the City of Morro Bay will carry out the Local Coastal Program, including this amendment in a manner fully consistent with the California Coastal Act and all its provisions. Ordinance No. 349 0 Page 2 • Section 2. Chapter 17 of the Morro Bay Municipal Code, the official zoning map, is amended as shown on Exhibit "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 containing the zoning amendment shall be transmitted to the California Coastal Commission with the request that the Commission certify the amendment; and 2. Said amendment shall take effect immediately and automatically upon certification by the California Coastal Commission; and PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 10th day of April, 1989 by the following roll call vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: U �lh SHhl1Z, Mayo C 1 1 1 3zi S - aizen, ibe / i4'- irc . • • ORDINANCE NO. 348 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND ADOPTING AMENDMENTS TO THE MORRO BAY LOCAL COASTAL PROGRAM IMPLEMENTATION PROGRAM (ZONING ORDINANCE) TEXT AND MAP WITHIN PLANNING AREA 5. THE CITY COUNCIL City of Morro Bay, California The City Council of the City of Morro Bay does ordain as follows: Section 1. The Council hereby makes the following findings: 1. On the 11th day of February 1987, the City Council adopted interim ordinance 301, prohibiting development within certain specified portions of the City of Morro Bay, and later extended the ordinance until February 11th, 1989 or until the completion date of the plan of study and effective date of related zoning ordinance amendments, whichever first occurs, in order to allow the City to evaluate alternative land use plan designations and planning standards; and 2. The Council initiated the necessary planning studies intended to alleviate the conditions which led to the adoption of the urgency ordinance, and whereas such studies were diligently pursued thereafter; and 3. In order to facilitate the broadest possible public and agency participation and comment, numerous public meetings and workshops were conducted by the city to present and discuss information being generated by the city's study and to review planning objectives, options and effects; and 4. To further increase opportunities for full public involvement in the planning process, the City Council appointed a citizen's advisory committee consisting of representatives of various interest groups, residents, and property owners within the study area; and 5. In June, 1988 the city's consultants completed the various studies concerning amendments to the Local Coastal Program Land Use Plan and Zoning ordinance, and transmitted these studies and related recommendations to the city for consideration; and 6. On May 16, 1988 the citizens' advisory committee completed its public hearings and study concerning amendments to the Local Coastal Program Land Use Plan and Zoning ordinance, and submitted them together with their recommendations to the city for consideration; and Ordinance No. 348 Page 2 • • 7. The consultant's report, the citizens' committee report, and related materials were publicly noticed and made available for public and agency review in compliance with all requirements of the California Coastal Act and the Coastal Commission's administrative regulations; and 8. On June 20th, July 5th, and July 14th, July 18, August 15, and November 21, 1988 the Planning Commission conducted duly noticed PUBLIC HEARINGS to consider reports and recommendations from the citizens' committee, consultants and staff concerning possible amendments and recommended that the Land Use Plan text and map and the zoning map be amended to provide for various modifications, and transmitted such recommendations to the City Council for consideration; and 9. On July 25, August 22nd, September 9, October 3rd, October 10, October 24th, November 14th, and December 12, 1988, and January 23rd, and March 27th, 1989 the City Council did conduct duly noticed PUBLIC HEARINGS to consider the supporting materials, referral report of the Planning Commission, and various recommendations concerning possible amendments to the Local Coastal Program; and 10. The City Council does hereby determine and find that for the purposes of the California Environmental Quality Act that the contemplated amendments to the Local Coastal Program Zoning map, the supporting information are exempt from CEQA as the functional equivalent of an Environmental Impact Report and that for purposes of CEQA the Coastal Commission is the lead agency, and no further local documentation is necessary; and 11. Significant changes have occurred since the original Local Coastal Program was drawn up and approved over five years ago. Revisions and changes are warranted by both the altered physical conditions of Morro Bay and by the experience gained in application of the Coastal Requirements as the community has grown and responded to the needs of its citizens; and 12. Specific planning studies called for in the Local Coastal Program Land Use plan are now in progress, removing the need for limitations on development in the area prior to the preparation of such plans; and 13. Review of previously certified land use and zoning designations justify the appropriateness of limited modifications designed to enhance flexibility in planning for future shoreline access and recreation and use of the area by the commercial fishing industry. 14. It is necessary to modify the boundaries of the designated sand dune ESH area to accurately reflect the actual location and extent of the habitat; and Ordinance No. 348 Page 3 • 15. The contemplated amendments are internally consistent with other portions of the Local Coastal Program, and are consistent with all elements of the City's adopted General Plan; and 16. The amendments to the official zoning map made herein are necessary to conform to and implement the amendments to the Local Coastal Program Land Use Plan set forth in Resolution No. 33 -89; and 17. The City of Morro Bay hereby finds that the Local Coastal Program zoning map 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. Section 2. Chapter 17 of the Morro Bay Municipal Code official Zoning map, is amended as shown on Exhibit "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 containing the Zoning map Amendments set forth in Section 2. above shall be transmitted promptly to the California Coastal Commission with the request that the Commission certify the Amendments; and 2. This Ordinance shall take effect immediately and automatically upon said certification. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay at a regular meeting held thereof on the 10th day of April, 1989 by the following roll call vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None lG R DAVIS, City Clerk APPROVED AS TO FORM: i y orney It 1 0A•1/ PD MORRO ROCK ES-/R 01.-2/ PC' \-Vi‘ ekv . s a0 oic FS1F• ter.— OA-1/PD M PA it /? /J DA- /GF��il M-2/ Pp/ 1 \1 R -A� Pp R.a/PD� / M-1/ p0 /1 \CF/PD R. 2/ M.•1 /1 C•SS /S.L PP R• \1 C•YS /GJ /SSba \7 I ?_Ln\ ^_NGASSOCIATES i �>2E4 5 QEvls.D XHIBIT A JODIT- _ ?°_L11iNGCONSU_F. NT ZONING- D-SICrN°C IGI`$ - ORDINANCE NO. 347 AN ORDINANCE AMENDING CHAPTER 13,04 VII OF THE MORRO BAY MUNICIPAL CODE AND ORDINANCE NO. 366; INSTITUTING REVISED MANDATORY WATER CONSERVATION MEASURES T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City of Morro Bay obtain the entirety of its municipal water supply from groundwater wells in the underflows of the Morro and Chorro Creek Basins; and WHEREAS, annual rainfall has from time to time been insufficient to adequately recharge the aquifers from which the water supply is drawn; and WHEREAS, unprecedented intense agricultural irrigation upstream of City wells in the Chorro Basin can contribute to the depletion of said aquifers, thereby reducing the pumping capacity of the City wells; and WHEREAS, the City of Morro Bay will continue to be critically close to the capacity of maximum appropriative consumption of 1723.5 acre feet per year in the foreseeable future; and WHEREAS, it is necessary for the immediate preservation of the public peace, health and safety that the City of Morro Bay amend Section 13.04. VII of the Morro Bay Municipal Code to institute and enforce mandatory water conservation measures to the fullest extent of the law in order to ensure an adequate water supply for the citizens of the City of Morro Bay. NOW, THEREFORE, the City Council of the City of Morro Bay, California does hereby ordain as follows: 1. In accordance with Government Code Section 36937, the City Council makes each and all of the listed findings and statements set forth above. 2. Paragraph 4 of Ordinance No. 336 is deleted. 3. Section 13.04.350 is hereby added to the Municipal Code and shall read as follows: 13.04.350 Mandatory Water Conservation Requirements A. Normal Water Supply Conditions. 1. Outdoor water use for washing vehicles, boats, paved surfaces, buildings or other similar uses shall be attended and have hand - controlled water devices, typically including spring - loaded shutoff nozzles. 2. Outdoor irrigation resulting in excessive gutter runoff is prohibited. 3. Marinas and waterfront installations: All hoses shall have spring - loaded shutoffs nozzles or similar controlling devices. 4. Restaurants shall serve drinking water only in response to a specific request by a customer. 5. Newly- planted landscaping or newly- seeded lawns installed prior to the date these mandatory conservation requirements are imposed may be temporarily exempted from the provisions of A2, provided the owner /tenant establishes documentation satisfactory to the City conclusively proving the planting date. Any temporary exemption shall expire when the planting is sufficiently established to survive without excessive gutter runoff. All other conservation measures remain applicable during the temporary exemption. B. Moderately- Restricted Water Supply Conditions. 1. Use of water which results in excessive gutter runoff is prohibited. 2. Outdoor water use for washing vehicles, boats, buildings or other similar uses shall be attended and have hand - controlled water devices, typically including spring - loaded shutoff nozzles. 3. No water shall be used for cleaning driveways, patios, parking lots, sidewalks, streets, or other such uses except where necessary to protect the public health or safety. 4. Outdoor Irrigation a. Outdoor irrigation is prohibited between the hours of 10:00 a.m. and 4:00 p.m. b. Irrigation of private and public landscaping, turf areas, and gardens is permitted at even - numbered addresses only on Wednesdays and Sundays, and at odd - numbered addresses only on • Tuesdays and Saturdays. All consumers are directed to use no more water than necessary to maintain landscaping. 5. Marinas and waterfront installations. a. Use of fresh water to wash down boats, docks, or other incidental activities shall be attended and have hand - controlled water devices, typically including spring- loaded shutoff nozzles. b. All hoses shall have spring - loaded shutoff nozzles or similar controlling devices. 6. Restaurants shall serve drinking water only in response to a specific request by a customer. 7. Newly- planted landscaping or newly- seeded lawns installed prior to the date these mandatory conservation requirements are imposed may be temporarily exempted from the provisions of B1, provided the owner /tenant establishes documentation satisfactory to the City conclusively proving the planting date. Any temporary exemption shall expire when the planting is sufficiently established to survive without excessive gutter runoff. All other conservation measures remain applicable during the temporary exemption. C. Severely- Restricted Water Supply Conditions. 1. Outdoor Water Use (Except Irrigation) a. Use of water which results in excessive gutter runoff is prohibited. b. No water shall be used for cleaning driveways, patios, parking lots, sidewalks, streets, or other such uses except where necessary to protect the public health or safety. c. Washing cars by use of a hose is prohibited. Use of a bucket is permitted subject to non - wasteful applications. 2. Outdoor Irrigation a. Outdoor irrigation is prohibited between the hours of 10:00 a.m. and 4:00 p.m. • • b. Irrigation of private and public landscaping, turf areas, and gardens is permitted at even - numbered addresses only on Wednesdays and Sundays, and at odd - numbered addresses only on Tuesdays and Saturdays. All consumers are directed to use no more water than necessary to maintain landscaping. c. Newly- planted landscaping or newly- seeded lawns installed prior to the date these mandatory conservation requirements are imposed may be temporarily exempted from the provisions of C.2.b., provided the owner /tenant establishes documentation satisfactory to the City conclusively proving the planting date. Any temporary exemption shall expire when the planting is sufficiently established to survive with twice per week watering. All other conservation measures remain applicable during the temporary exemption. 3. Marinas and Waterfront Installations' a. Use of fresh water to wash down boats, docks, or other incidental activities is prohibited. b. All hoses shall have spring - loaded shutoff nozzles or similar controlling devices. 4. Restaurants shall serve water only in response to a specific request by a customer. 5. Emptying and refilling of swimming pools and commercial spas is prohibited except to prevent structural damage and /or to comply with public health regulations. 6. Use of potable water for compaction or dust control purposes in construction activities is prohibited. 7. Any dysfunctional water fixtures in public or commercial facilities shall be repaired within three (3) days of receipt of notification by the City. D. Critical Water Supply Conditions. The City Council may impose water rationing requirements as it deems appropriate in accordance with Sections 13.04.330 and 13.04.340. The City Council hereby adopts Ordinance No. 347 as an urgency ordinance which shall take effect immediately upon its adoption. • • PASSED, APPROVED, AND ADOPTED on this 13th day of March, 1989 by the following vote: AYES: Baker, Lemons, Wuriu, Sheetz NOES: None ABSENT: Odell ATTEST: 1.�S- ARDITH DAVIS, City Clerk ---# 32e6 0 • alai die/Si-n(4Y • • ORDINANCE NO. 346 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AMENDING SECTIONS 8.12.010, 8.12.040, 8.12.050, 8.12.060, 8.12.080 AND 8.12.090 OF THE MORRO BAY MUNICIPAL CODE WEED ABATEMENT CHAPTER 8.12 T H E C I T Y C O U N C I L City of Morro Bay, California BE IT HEREBY ORDAINED by the City Council of the City of Morro Bay, California as follows: Section 1.. Section 8.12.010 B, is hereby amended to read as follows: B. Sage brush, chaparral and other bush or weed which attain such growth as to become a fire hazard or menace to adja- cent property; Section 2. There is added to Section 8.12.010, sub - section F to read as follows: F. Any living or dead vegetation where size, concentra- tion, chemical application, poisons, infestation, and com- bustibility is, or may become, a cause for a fire hazard or pub- lic nuisance. Section 3. Section 8.12.040 is hereby amended to read as follows: 8.12.040 Notice to remove At any time when the enforcement official finds nui- sance weeds, brush or debris upon any property, lands or lots within the city which may be or become a fire hazard, or may en- danger or injure neighboring property, or may be otherwise hazardous to the public health, welfare or safety, a notice to remove such nuisance weeds, brush or debris shall be given to any one of the person or persons specified in Section 8.12.030. Prior to the commencement of the yearly weed abatement pro- gram, the enforcement official shall cause notice to be served by mail to the owners of all vacant lots and to the owners of improved properties where nuisance weeds, brush and debris have historically accumulated. At the time the notice to remove is served as provided in this chapter, the enforcement official shall cause a copy of the notice to remove together with a written declaration under • • Ordinance No. 346 Page 2 penalty of perjury certifying such service to be recorded in the office of the city clerk. Section 4. Section 8.12.050 shall be amended to read as follows: 8.12.050 Method of notification At any time, each person, as specified in this chapter, shall be notified by mail, or by the posting of property or by hand delivery of the requirement to abate nuisance weeds, brush or debris determined to be hazardous to the public health, wel- fare or safety. The most current tax assessor's list shall be the basic source for determining ownership and mailing addressed for any property owners requiring notification. Section 5. Section 8.12.060 shall be amended to read as follows: 8.12.060 Time to remove Nuisance weeds, brush or debris which do not constitute an immediate danger to the public health, welfare or safety shall be removed within thirty days of the postmarked date of the mailed notification or within a later period if such date is specified in the notice. Nuisance weeds, brush or debris which do constitute an imme- diate danger to the public health, welfare or safety shall be removed by no later than midnight of the day following the post- marked date of a mailed notification or within twenty -four hours of the time of hand delivery. Section 6. Section 8.12.080 shall be amended to read as follows: 8.12.080 Method of removal or abatement Removal or abatement shall include cutting or spraying with chemicals or solutions to destroy or retard the growth of weeds or other vegetation and the removal and hauling of such destroyed vegetation and other flammable material to a legal dis- posal site. Not allowed are removal methods which incorporate burning, discing, tilling or any form of excavation. The height of a cut shall not exceed that of the highest adjusted level of a standard rotary lawnmower. The property owner shall provide a twenty foot abatement zone along such prop- erty line where brush and bush growth pose a fire hazard to adjoining property. All destroyed nuisance weeds, brush and debris shall be removed and properly disposed of within 24 hours of cutting. No piles or clumps shall remain and any cut material deposited to adjoining properties or the street right -of -way as a result of weather or negligence shall be removed at the owner's expense. The completed abatement shall be to all property lines • Ordinance No. 346 Page 3 and to the edge of street paving. street areas shall be left clean. Section 7. follows: • All sidewalk, gutter and Section 8.12.090 shall be amended to read as 8.12.090 Failure to remove or abate. If any property owners, after being notified as pro- vided for in this chapter, fails, neglects or refuses to abolish, abate or remove, within the times prescribed in this chapter, any of the nuisance weeds, brush or debris mentioned in this chapter, then the city, may abate or remove the same and the enforcement officer is expressly authorized to enter upon private property for that purpose. The charge of such abatement or removal by the city shall be assessed upon the lots, lands or property from which nuisance weeds, brush or debris were abated or removed, and such cost shall constitute a lien upon such lots, lands, or prop- erty until paid, and will be collected upon the next tax roll upon which general municipal taxes are collected. PASSED, APPROVED, AND ADOPTED by the Morro Bay City Council on the 13th day of March, 1989 on the following vote: AYES: NOES: ABSENT: ATTEST: Baker, Lemons, Wuriu, Sheetz None Odell ARDITH DAVIS, City Clerk r �'/fzS%V ReSE '•0I SH -ETZ, May • 3V 5 - Witt:et kJ d -,4 go. d/ Sl • • ORDINANCE NO. 344 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ANNOUNCING FINDINGS AND ADOPTING AMENDMENTS TO THE MORRO BAY LOCAL COASTAL PROGRAM IMPLEMENTATION PROGRAM (ZONING ORDINANCE) MAP FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF IRONWOOD AVENUE AND SEQUOIA COURT THE CITY COUNCIL City of Morro Bay, California The City Council of the City of Morro Bay does ordain as follows: Section 1. The City Council hereby makes the following findings: 1. The City Council on the 10th day of August, 1987, and the 23rd day of May, 1988, held duly noticed PUBLIC HEARINGS to consider the request of James Merzon for an amendment to the General Plan Land Use Element and Certified Local Coastal Program changing the designation from low- density residential to low- medium density residential; and, consideration of a change of zone from R -A to R -1, for a 10,800 square foot site generally located at the southeast corner of Ironwood Avenue and Sequoia Court; more specifically described as: Portion of APN: 65- 150 -10 Portion of Lot 2, Parcel Map No. 79 -278 2. The zoning amendment was considered and recommended to the Council by the Planning Commission in a duly noticed PUBLIC HEARING; and 3. The zoning amendment, and related Coastal Land Use Plan amendment were considered and certified by the California Coastal Commission on September 13, 1988; and 4. The Environmental Coordinator has determined that for the purposes of the California Environmental Quality Act that the subject change of zone is the functional equivalent of an EIR and the Coastal Commission was the lead agency, and that no further documentation is necessary; and 5. The City has complied with all public review requirements for public noticing and review by applicable state and local agencies; and • Ordinance No. 344 Page Two 6. The proposed zone district is consistent with, and implements the contemplated land use designation; and 7. The proposed zone district is compatible with the use and enjoyment of adjacent properties. Section 2. Chapter 17 of the Morro Bay Municipal Code (Official Zoning Map) is amended as shown in the diagram below: County )• • • 11- Low.- Medium Density= ' _•� 1 . " R ..1 " !�....,...m: r E. REVISED ZONING PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, at a regular meeting held thereof on the 23rd day of January, 1989 by the following roll call vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: '1'H DAVIS, City Clerk DAVIS, City Clerk ORDINANCE NO- SAILS AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AMENDING SECTION 5.24.250 OF THE MORRO BAY MUNICIPAL CODE REGARDING LICENSING AND REGULATION OF TAXICAB DRIVERS T H E C I T Y C O U N C I L City of Morro Bay, California BE IT HEREBY ORDAINED, by the City Council of the City of Morro Bay, California, as follows: Amend Section 5.24.250, Part (D), of the Morro Bay Municipal Code as follows: 5.24.250 Driver's permit--Prohibited persona. No taxicab driver's permit shall be issued to any of the following persons: D. Any person who has been convicted within the last three years of driving a vehicle recklessly or while under the influence of intoxicating liquors or narcotics. PASSED, APPROVED AND ADOPTED by the Morro Bay City Council on this 14th day of February , 1989 on the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: /2-c)70°( Rose Marie Sheetz, M or Ardith Davis, City Clerk