Title 17 — ZONING[1]

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Title 17 - ZONING[[1]]

Chapters:

Footnotes:

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Editor's note— Ord. No. 662, § 2, adopted Dec. 13, 2023, repealed the former Tit. 1, and enacted a new Tit. 17 as set out herein. The former Tit. 17 pertained to similar subject matter and derived from Prior code §§ 5101.1—5101.3, 5102.1, 5103.1—5103.5, 5104.1, 5104.2.1—5104.2.12, 5104.3, 5104.3.1—5104.3.7, 5104.4.1—5104.4.4, 5105.1—5105.8, 5106.1—5106.22, 5106.24, 5107.1—5107.9, 5108.1—5108.6, 5109.1 —5109.9, 5110.1—5110.4, 5110.6—5110.14, 5111.1—5111.7, 5112.1—5112.6; Ords. 65, 77, 100, 107, 136, 141, 173, 174, 176, 178, 182, 186, 195, 204, 207, 208, 212, 220, 225, 230, 236, 243, 263, 282, 284, 288, 297, 307, 311, 316, 324, 337, 338, 350, 363, 382, 392; 443; 449; 452; 459; Ord. No. 445 § 3 (part),

adopted 1995; Ord. No. 263 § 1 (part), adopted 1984; Ord. No. 470 § 1 (part), adopted 1999; Ord. No. 483 §§ 1, 2, adopted 2000; Ord. No. 486 § 1 Exh. A, adopted 2001; Ord. No. 493, adopted 2002; Ord. No. 501 § 1 (Exh. A (part)), adopted 2004; Ord. No. 507 § 1 (part), adopted 2005; Ord. No. 578, § 1, adopted June 12, 2012; Ord. No. 584, §§ 1—5, adopted March 11, 2014; Ord. No. 654, § 3, adopted Nov. 22, 2022; and Ord. No. 661, § 2, adopted 13, 2023.

Division I. - INTRODUCTORY PROVISIONS (IP) Chapter 17.01 - PURPOSE AND EFFECT

Sections:

17.01.010 - Title.

A.

Title 17 of the Morro Bay Municipal Code shall be known and cited as the "Morro Bay Zoning Code," "Zoning Code of the city of Morro Bay," "Zoning Code," or "Code."

B.

Portions of Title 17 identified in Section 17.01.050, Local Coastal Program Coastal Implementation Plan (IP), shall be known as the "City of Morro Bay Coastal Implementation Plan" and hereafter referred to as the "Implementation Plan" or "IP." These sections are denoted with an "(IP)" next to the section number.

(Ord. No. 662, § 2, 12-13-23)

The Morro Bay Zoning Code is adopted pursuant to the authority contained in Section 65850 of the California Government Code, as well as the coastal act for implementation plan purposes.

(Ord. No. 662, § 2, 12-13-23)

The purpose of this code is to implement the city's general plan and to protect and promote the public health, safety, peace, comfort, convenience, prosperity, and general welfare. More specifically, the Code is adopted to achieve the following objectives:

A.

Provide standards for the orderly growth and development of the city, and guide and control the use of land to provide a safe, harmonious, attractive, and sustainable community.

B.

Achieve the arrangement of land uses depicted in the Morro Bay General Plan, consistent with the goals and policies of the general plan/coastal zone land use plan.

C.

Enhance the appearance of the city and promote high quality design.

D.

Preserve and enhance the quality of life and character of residential neighborhoods.

E.

Promote economic growth and the creation of jobs.

F.

Facilitate the appropriate location of community facilities, institutions, transportation, and parks and recreational areas.

G.

Allow for public participation in government decision-making regarding land use and development in a manner consistent with state law.

H.

Define duties and powers of administrative bodies and officers responsible for implementation of the Code.

(Ord. No. 662, § 2, 12-13-23)

This code implements the goals and policies of the Morro Bay General Plan by regulating the use of land and structures within the city. This code and the general plan shall be consistent with one another. Any permit, license, or approval issued pursuant to this code must be consistent with the general plan and all applicable specific plans. In any case where there is a conflict between this code and the general plan, the general plan shall control.

(Ord. No. 662, § 2, 12-13-23)

17.01.050 - Local coastal program coastal implementation plan (IP).

A.

The City of Morro Bay Coastal Implementation Plan. The following portions of Title 17 shall be known as the "City of Morro Bay Coastal Implementation Plan" and hereafter referred to as the "Implementation Plan" or "IP." These components are also denoted with an "(IP)" in the table of contents at the beginning of Title 17. The implementation plan is a component of the city of Morro Bay local coastal program (LCP), which is made up of its land use plan (LUP) and this IP, serving to carry out the policies of the LUP, including providing the requirements for issuance of coastal development permits (CDPs).

1.

Division I: Introductory Provisions (all chapters).

2.

Division II: District Regulations (all chapters except supplemental regulations Sections 17.07.040 and 17.08.040).

3.

Section 17.23.010: Purpose and Applicability.

4.

Section 17.23.020: Accessory Structures.

5.

Section 17.23.040: Development on Substandard Lots.

6.

Section 17.23.050: Encroachments into Required Setbacks.

7.

Section 17.23.070: Heights and Height Exceptions.

Section 17.23.100: Open Space.

Section 17.23.140: Sloping Lots.

Chapter 17.26: Nonconforming Uses, Structures, and Lots (all sections).

Chapter 17.27: Parking and Loading (all sections).

Section 17.30.220: Short-Term Vacation Rentals.

Chapter 17.39: Coastal Development Permits (all sections).

Chapter 17.42: Modifications (all sections).

Chapter 17.43: Reasonable Accommodation (all sections).

Chapter 17.44: Variances (all sections).

Chapter 17.53: Use Classifications (all sections).

Chapter 17.54: List of Terms and Definitions (only terms/definitions denoted 'IP').

B.

Authority. The implementation plan is adopted pursuant to the authority contained in Section 65850 et seq. of the California Government Code, Division 20 of the Public Resources Code (California Coastal Act), and Title 14, Division 5.5 of the California Code of Regulations (California Coastal Commission Regulations).

C.

Purpose. The purpose of this IP is to implement the city of Morro Bay Local Coastal Program (LCP) Land Use Plan (LUP), in accordance with the requirements of the California Coastal Act of 1976.

D.

Applicability. The regulations found in this IP shall apply to all areas of the city of Morro Bay located within the coastal zone as established by the state legislature.

E.

Conflicting Regulations and Policies. In case of conflict with any other applicable non-LCP city policies or regulations, the IP and LUP shall take precedence, with the LUP taking precedence if there are conflicts between the LUP and the IP. Where the IP and LUP are silent, other city policies and regulations shall be in force, but in no case shall such policies and regulations be used as a standard of review for CDPs.

F.

Agency Coordination. The city will work with other agencies as appropriate to implement the LCP.

G.

LCP Violations. The city is the primary enforcement entity for development within its jurisdiction and will investigate and prosecute development activity that occurs within the coastal zone without a coastal development permit pursuant to the requirements of the LCP and other violations of the Coastal Act. The city will work to resolve violations of the LCP in a timely manner, including through the use of appropriate enforcement actions. The city may request that the coastal commission assist with, or assume primary responsibility for, resolving violations of the LCP. The commission may request that the city act to resolve violations of the LCP. However, if the city declines to act or does not act in a timely manner, the coastal commission may enforce the requirements of the LCP through its own enforcement actions pursuant to Coastal Act Sections 30809 and 30810.

H.

Severability. If any section, subsection, paragraph, sentence, clause, phrase, or other portion of this IP is for any reason held to be invalid or unenforceable by a court, such decision shall not affect the validity of the remaining portions of the IP.

I.

Jurisdiction. The city's jurisdiction over CDPs does not include tidelands, submerged lands, and public trust lands as described in Public Resources Code Section 30519(b) and described as areas of California Coastal Commission CDP jurisdiction, including as illustrated on the local coastal program postcertification permit and jurisdiction map, as may from time to time be amended.

J.

Coastal Commission CDPs. The coastal commission retains authority over CDPs approved and/or issued by the coastal commission (either prior to certification of the LCP or post-certification on appeal), including with respect to condition compliance and amendments. Where either new development or a modification to existing development is proposed on a site where development was authorized in a coastal commissionissued CDP, the applicant shall apply to the coastal commission for a CDP amendment, unless the commission's executive director determines that such development or modification is not inconsistent with

and will not change the relevant terms and conditions underlying the CDP, in which case the application can be processed by the city.

K.

Coastal Resource Protection. The LCP shall be interpreted to accomplish the purposes of and carry out the objectives of the California Coastal Act, including in terms of best protecting coastal resources. Site specific biological resources, archaeological, visual, geologic, water quality, coastal hazards, and other coastal resource protection constraints may limit development to less than the maximum development potential listed for the LCP's zoning districts.

(Ord. No. 662, § 2, 12-13-23)

A.

Applicability to Property. This code shall apply, to the extent permitted by law, to all property within the corporate limits of the city of Morro Bay and to property for which applications for annexation and/or subdivisions have been submitted to the city of Morro Bay, including all uses, structures, and land owned by any private person, firm, corporation or organization, or the city of Morro Bay or other local, state, or federal agencies. Any governmental agency shall be exempt from the provisions of this code only to the extent that such property may not be lawfully regulated by the city of Morro Bay.

B.

Minimum Requirements. The provisions of this zoning code shall be minimum requirements for the promotion of the public health, safety, and general welfare. Where this zoning code provides for more discretion on the part of a city official or body, that discretion may be exercised to impose more stringent requirements than set forth in this zoning code as may be necessary to promote orderly land use development and the purposes of this zoning code.

C.

Compliance with Regulations. No land shall be used, and no structure shall be constructed, occupied, enlarged, altered, demolished or moved in any zoning district, except in accordance with the provisions of this code, including the development and performance standards herein, and any permit issued pursuant hereto. The temporary or transitory nature of a use does not exempt it from this requirement.

D.

Conflicting Regulations. The regulations of this code and requirements or conditions imposed pursuant to this code shall not supersede any other regulations or requirements adopted or imposed by the Morro Bay city council, the State of California, or any federal agency that has jurisdiction by law over uses and development authorized by this code. All uses and development authorized by this code shall comply with all other such regulations and requirements. Where conflict occurs between the provisions of this code and any other city ordinance, chapter, resolution, guideline, or regulation, the more restrictive provisions shall control, unless otherwise specified.

E.

Private Agreements. This code shall not interfere with or annul any recorded easement, covenant, or other agreement now in effect, provided that where this code imposes greater restriction than imposed by an easement, covenant, or agreement, this code shall control. The city of Morro Bay shall not be responsible for monitoring or enforcing private agreements.

F.

Prior Code. The provisions of this code supersede all prior zoning codes codified in Title 17 of the Morro Bay Municipal Code and any amendments. No provision of this code shall validate any land use or structure established, constructed, or maintained in violation of the prior zoning code, unless such validation is specifically authorized by this code and is in conformance with all other regulations.

G.

Effect on Previously Approved Projects and Projects in Progress.

1.

Building Permit. Any building or structure for which a building permit has been issued may be completed and used in accordance with the plans, specifications, and permits on which said building permit was granted, provided at least one inspection has been requested and posted for the primary structure on the site where the permit is issued and provided construction is diligently pursued and completed within six months of permit issuance. No extensions of time except as provided for in the building code shall be granted for commencement of construction, unless the applicant has secured an allowed permit extension from the planning division.

2.

Previously Approved Land Use Authorization. This zoning code shall not interfere with, repeal, abrogate, or annul any previously granted land use authorization. All allowances, requirements, and conditions of approval of previous land use authorizations shall apply until the applicable review authority specifically repeals the allowance, requirement, or condition.

3.

Land Use Authorization in Process. An application for a discretionary land use authorization that has been accepted by the planning division as complete for processing prior to the adoption of this code or any applicable amendment shall be processed according to the requirements of this zoning code or the prior code upon written request from the project applicant. The written request shall be made no later than thirty days after the effective date of this zoning code and at least one action must be taken by the review authority within two hundred ten days of the effective date of this code.

H.

Application During Local Emergency. The city council may authorize a deviation from a provision of this code during a local emergency declared and ratified under the Morro Bay Municipal Code. The city council may authorize a deviation by resolution without notice or public hearing.

(Ord. No. 662, § 2, 12-13-23)

The zoning code shall be administered by the Morro Bay City Council, planning commission, and community development department as established in Chapter 17.35, Planning Authorities. The IP shall also be administered by the coastal commission pursuant to the Coastal Act.

(Ord. No. 662, § 2, 12-13-23)

If any section, subsection, paragraph, sentence, clause, or phrase of this code is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this code. The Morro Bay City Council hereby declares that it would have passed this code, and each section, subsection, sentence, clause, and phrase thereof, regardless of the fact that any or one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

(Ord. No. 662, § 2, 12-13-23)

The city council shall establish by resolution, and may amend and revise from time to time, fees for processing the discretionary entitlement applications and other permits authorized or required by this code. All fees shall be paid at the time an application is filed, and no processing shall commence until the fees are paid in full.

(Ord. No. 662, § 2, 12-13-23)

Chapter 17.02 - INTERPRETATION

Sections:

The purpose of this chapter is to provide precision in the interpretation of the zoning regulations. The meaning and construction of words and phrases defined in this chapter apply throughout the zoning code, except where the context indicates a different meaning.

(Ord. No. 662, § 2, 12-13-23)

In interpreting the various provisions of this title, the following rules of interpretation shall apply.

A.

General Rules. The following general rules apply to the interpretation and application of the zoning code.

The specific controls the general.

2.

In case of conflict between the text and a figure, illustration, heading, caption, diagram or graphic, the text controls.

3.

Sections and section headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of any section.

4.

Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:

a.

"And" indicates that all connected words or provisions shall apply.

b.

"And/or" indicates that the connected words or provisions may apply singularly or in any combination.

c.

"Or" indicates that the connected words or provisions may apply singularly or in any combination.

d.

"Either . . . or" indicates that the connected words or provisions shall apply singularly but not in combination.

5.

The words "shall," "will," "must" and "is to" are always mandatory and not discretionary. "Should" is a regulation that is not mandatory, but must be either fulfilled or the applicant must demonstrate an alternative that fulfills the intent of the regulation. "May" is permissive. For purposes of the IP, "shall," "will," "must" and "is to" are always mandatory; "should" and "may" are mandatory, unless there is a compelling reason to do otherwise; and "including" means "including but not limited to."

6.

The present tense includes the past and future tense, and the future tense includes the past.

7.

The singular number includes the plural, and the plural, the singular.

8.

All references to departments, committees, commissions, boards, or other public agencies are to those of the city of Morro Bay, unless otherwise indicated.

9.

All references to public officials are to those of the city of Morro Bay, and include designated deputies of such officials, unless otherwise indicated.

B.

Calendar Days. All references to days are to calendar days, unless otherwise indicated. If a deadline falls on a weekend or holiday, or a day when the city offices are closed, it shall be extended to the next working day. The end of a time period shall be the close of business on the last day of the period.

C.

Definitions. The director shall make the interpretation for any definition not expressly identified in this title.

D.

Uncertainty of Boundaries. If an uncertainty exists as to the boundaries of any district shown on the official zoning map, the following rules shall apply:

1.

Boundaries indicated as approximately following the centerlines of alleys, lanes, streets, highways, streams or railroads shall be construed to follow such centerlines.

2.

Boundaries indicated as approximately following lot lines, city limits, or extraterritorial boundary lines shall be construed as following such lines, limits or boundaries.

3.

Where a zone district or area boundary approximately follows the shoreline of the Pacific Ocean, the boundary shall be construed to follow the mean high tide line.

E.

Parcels Containing Two or More Zoning Districts.

1.

For parcels containing two or more zoning districts, the location of the zoning district boundary shall be determined by the director.

For parcels containing two or more zoning districts, the applicable regulations for each district shall apply.

(Ord. No. 662, § 2, 12-13-23)

For all calculations, the applicant shall be responsible for supplying drawings illustrating the measurements that apply to a project. These drawings shall be drawn to scale and of sufficient detail to allow easy verification upon inspection by the director.

A.

Fractions. Whenever this title requires consideration of distances, parking spaces, dwelling units or other aspects of development or the physical environment expressed in numerical quantities, and the result of a calculation contains a fraction of a whole number, the results will be rounded as follows:

1.

General Rounding. Fractions of one-half or greater shall be rounded up to the nearest whole number and fractions of less than one-half shall be rounded down to the nearest whole number, except as otherwise provided.

2.

Density Rounding. For purposes of computing the maximum number of residential units allowed on a lot, any fractions equal to nine-tenths or larger shall be rounded up to the next whole number and any fraction less than nine-tenths shall be rounded down to the next whole number except as provided below.

a.

Exception for State Affordable Housing Density Bonus. Each component of any density calculation related to projects eligible for bonus density pursuant to Government Code Section 65915 or any successor statute, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number.

B.

Measuring Distances.

1.

Measurements are Shortest Distance. When measuring a required distance, such as the minimum distance between a structure and a lot line, the measurement is made at the closest or shortest distance between the two objects.

2.

Distances are Measured Horizontally. When determining distances for setbacks and structure dimensions, all distances are measured along a horizontal plane from the appropriate line, edge of building, structure,

storage area, parking area, or other object. These distances are not measured by following the topography or slope of the land.

3.

Measurements Involving a Structure. Measurements involving a structure are made to the closest point of an exterior wall or support element of the structure. Structures or portions of structures that are entirely underground are not included in measuring required distances.

4.

Measurement of Vehicle Stacking or Travel Areas. Measurement of a minimum travel distance for vehicles, such as garage entrance setbacks and stacking lane distances, are measured down the center of the vehicle travel area. For example, curving driveways and travel lanes are measured along the center arc of the driveway or traffic lane.

5.

Measuring Radius. When a specified land use is required to be located a minimum distance from another land use, the minimum distance is measured in a straight line from all points along the lot line of the subject project, in all directions.

6.

Measuring Setbacks. See Subsection 17.02.030 J, Determining Setbacks (Yards).

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FIGURE 17.02.030(B): MEASURING DISTANCES

C.

Measuring Height. Height is measured as the vertical distance from a point on the ground below a structure to a point directly above.

1.

Measuring Building Height. Building height is measured from the average level of the highest and lowest point of that portion of the lot covered by the building, as measured to the topmost point of the roof or the top rail of a roof deck.

a.

When measuring the various levels on a lot to calculate the height, the grades in existence on the effective date of this title (1/12/2024) shall be used; any fill added to the site since that date shall be deducted from present grade elevations and any areas cut since that date may be added to the present grade elevations when measuring building height.

b.

When measuring height along the waterfront, height is determined by average grades of the land portion of the site, not including the bank.

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FIGURE 17.02.030(C)(1): MEASURING BUILDING HEIGHT

2.

Measuring the Number of Stories. In measuring the number of stories in a building, the following rules shall apply:

a.

An interior balcony or mezzanine shall be counted as a full story if its floor area exceeds one-third of the total area of the nearest full floor directly below it or if it is enclosed on more than two sides.

b.

A basement shall be counted as a full story if the vertical distance between finished grade and the finished surface of the floor above the basement is more than six feet at any point.

c.

A story shall not exceed twenty feet in height from the upper surface of the floor to the ceiling above.

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FIGURE 17.02.030(C)(2): MEASURING THE NUMBER OF STORIES

3.

Measuring Height of Fences or Walls. The height of a fence or wall is measured as the vertical distance from the ground level on the lowest external side of the fence or wall to the highest point of such fence or wall.

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FIGURE 17.02.030(C)(3): MEASURING HEIGHT OF FENCES OR WALLS

4.

Measuring the Height of Decks. Deck height is determined by measuring from the ground to the top of the floor of the deck directly above the ground below. The top rail of any deck shall not exceed the height limitations of the district in which the deck is located.

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FIGURE 17.02.030(C)(4): MEASURING HEIGHT OF DECKS

D.

Measuring Lot Width and Depth.

1.

Lot Width. Lot width is the horizontal distance between the side lot lines, measured at right angles to the lot depth at the required front setback line.

2.

Lot Depth. Lot depth is measured along a straight line drawn from the midpoint of the front property line of the lot to the midpoint of the rear property line or to the most distant point on any other lot line where there is no rear lot line.

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FIGURE 17.02.030(D): MEASURING LOT WIDTH AND DEPTH

E.

Determining Average Slope. The average slope of a parcel is calculated using the following formula: S = 100(I)(L)/A, where:

1.

S = Average slope (in percent).

2.

I = Contour interval (in feet).

3.

L = Total length of all contour lines on the parcel (in feet).

4.

A = Area of subject parcel (in square feet).

F.

Determining Floor Area. The floor area of a building is the sum of the gross horizontal areas of all floors of a building or other enclosed structure, measured from the outside perimeter of the exterior walls and/or the centerline of interior walls.

1.

Included in Floor Area. Floor area includes, but is not limited to, all habitable space (as defined in the building code) that is below the roof and within the outer surface of the main walls of primary or accessory buildings or the centerlines of party walls separating such buildings or portions thereof or within lines drawn

parallel to and two feet within the roof line of any building without walls. In the case of a multi-story building that has covered or enclosed stairways, stairwells or elevator shafts, the horizontal area of such features shall be counted only once at the floor level of their greatest area of horizontal extent.

2.

Excluded from Floor Area. Floor area does not include the following:

a.

Mechanical, electrical, and communication equipment rooms that do not exceed two percent of the building's total floor area;

b.

Bay windows or other architectural projections where the vertical distance between the lowest surface of the projection and the finished floor is thirty inches or greater;

c.

Areas that qualify as usable open space;

d.

Covered porticoes, paseos, corridors, and courtyards designed for use by and accessible to the general public; and

e.

In non-residential buildings, areas used for off-street parking spaces or loading spaces, driveways, ramps between floors of a multi-level parking garage, and maneuvering aisles that are located below the finish grade of the property.

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FIGURE 17.02.030(F): DETERMINING FLOOR AREA

G.

Determining Floor Area Ratio. The floor area ratio (FAR) is the ratio of the floor area, excluding the areas described below, of all primary and accessory buildings on a site to the site area. To calculate the FAR,

floor area is divided by site area, and typically expressed as a decimal. For example, if the floor area of all buildings on a site totals twenty thousand square feet, and the site area is ten thousand feet square feet, the FAR is expressed as 2.0.

1.

Excluded from Floor Area in Calculating FAR.

a.

Underground Areas. Floor area located below finished grade.

b.

Parking. Parking areas located below finished grade or finished floor of habitable space where the vertical distance between finished grade and finished floor is less than six feet.

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FIGURE 17.02.030(G): DETERMINING FLOOR AREA RATIO

H.

Determining Lot Coverage. Lot coverage is the ratio of the total footprint area of all structures on a lot to the net lot area, typically expressed as a percentage. The footprints of all primary and accessory structures, including garages, carports, covered patios, roofed porches, and uncovered patios, decks, and landings more than thirty inches in height, shall be summed in order to calculate lot coverage. The following structures shall be excluded from the calculation:

1.

Unenclosed and unroofed decks, uncovered patio slab, porches, landings, balconies and stairways less than thirty inches in height;

2.

Eaves and roof overhangs projecting up to three feet from a wall;

3.

Trellises, pergolas, and similar structures that have roofs or coverings that are at least fifty percent open to the sky with uniformly distributed openings;

Swimming pools and hot tubs that are not enclosed in roofed structures or decks; and

5.

One small, non-habitable accessory structure under one hundred twenty square feet in size and less than eight feet in height. Structures above quantity of one shall be included in lot coverage.

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FIGURE 17.02.030(H): DETERMINING LOT COVERAGE

I.

Determining Lot Frontage.

1.

Corner Lot. The front of a lot is the narrowest dimension of the lot with street frontage unless otherwise determined by the director based on historic use, topography, neighborhood character, and other factors.

2.

Through Lot. The front of a through lot abuts the street that neighboring lots use to provide primary access.

a.

RS District. Where the majority of lots in a block are street-to-street lots in the RS district, the following rules apply:

i.

East-West Orientation. On east-west oriented lots, the western frontage shall be considered the front and the eastern frontage shall be considered the rear unless otherwise determined by the director.

ii.

North-South Orientation. The front and rear of north-south oriented lots shall be determined by the director based on the prevailing development pattern of the block.

J.

Determining Setbacks (Yards). A setback line defining a required yard is parallel to and at the specified distance from the corresponding front, side, or rear property line. The following special regulations for determining setbacks apply in certain circumstances.

1.

Setbacks Measurement from Plan Lines. Whenever an official plan line has been established for any street or proposed street, setbacks required by this title shall be measured from such plan line and in no case shall the provisions of this title be construed as permitting any encroachment upon any official plan line. For the purpose of determining setbacks, the property lines shall be interpreted to be the official lot lines except in cases where a street or public area is offered for dedication but not yet been accepted, in which case the line established by the offer for dedication shall be interpreted to be the property line.

2.

Building Lines.

a.

Where there is no public area or street dedication or offers for dedication, setbacks shall be required when any land borders on a future street as designated within the adopted circulation element of the general plan, or any future local street right-of-way or a future public area designated by the city's plans and ordinances.

b.

In any district where rights-of-way are not dedicated or offered for dedication, building line setbacks on major or collector highways shall be determined by the city engineer. Dedication of land required for development of a major or secondary street shall be required at time of the subdivision of any land, or where no subdivision is involved, at time of development. Improvement shall be required as a condition of any use permit or variance and preceding any change of land use.

3.

Alleys. If a side lot line abuts an alley, the yard shall be considered an interior side yard rather than a corner side yard.

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FIGURE 17.02.030(J): DETERMINING SETBACKS (YARDS)

K.

Measuring Signs. The calculations of measurements related to signs are described in Chapter 17.29, Signs.

(Ord. No. 662, § 2, 12-13-23)

Chapter 17.03 - ZONING DISTRICTS AND ZONING MAP

Sections:

The city shall be classified into districts or zones, the designation and regulation of which are set forth in this title and as follows:

A.

Base Zoning Districts. Base zoning districts into which the city is divided are established as shown in Table 17.03.010, Base and Overlay Zoning Districts.

B.

Overlay Zoning Districts. Overlay zoning districts, one or more of which may be combined with a base district, are established as shown in Table 17.03.010, Base and Overlay Zoning Districts.

TABLE 17.03.010: BASE AND OVERLAY ZONING DISTRICTS

(Ord. No. 662, § 2, 12-13-23)

The boundaries of the zoning districts established by this code are not included in this code but are shown on the official zoning map maintained by the city clerk. The official zoning map, together with all legends, symbols, notations, references, zoning district boundaries, map symbols, and other information on the maps, have been adopted by the council and are hereby incorporated into this code by reference, together with any amendments previously or hereafter adopted, as though they were fully included here.

(Ord. No. 662, § 2, 12-13-23)

For the purposes of the zoning and use charts below, only the provisions of the IP as specified in 17.01.050(a) shall govern CDP review. In addition, in the coastal zone, public recreational access facilities and uses, such as trails, accessways, and public parks, shall be permissible uses in all zoning districts.

(Ord. No. 662, § 2, 12-13-23)

Division II. - DISTRICT REGULATIONS Chapter 17.06 - AGRICULTURE DISTRICT (IP)

Sections:

The purpose of the agriculture (AG) district is to provide for the continuation of agricultural uses in suitable areas and for limited nonagricultural uses which may be necessary to support such continued agricultural activities. New development in this district shall also be sited and designed to protect and enhance scenic resources associated with the rural character of agricultural lands. This district implements the agriculture general plan/LCP land use plan land use designation.

(Ord. No. 662, § 2, 12-13-23)

17.06.020 - Land use regulations.

Table 17.06.020, Land Use Regulations—Agriculture District, sets the land use regulations for the agriculture district. The regulations for the district are established by letter designation as follows:

"P" designates permitted uses.

"M" designates use classifications that are permitted after review and approval of a minor use permit pursuant to Chapter 17.40, Use Permits.

"C" designates use classifications that are permitted after review and approval of a conditional use permit pursuant to Chapter 17.40, Use Permits.

"(#)" numbers in parentheses refer to specific limitations listed at the end of the table.

"-" designates uses that are not permitted.

For all uses, approval of a coastal development permit pursuant to Chapter 17.39, Coastal Development Permits (IP), may be required.

Land uses are defined in Chapter 17.53, Land Use Classifications. In cases where a specific land use or activity is not defined, the director shall assign the land use or activity to a classification that is substantially similar in character. Land uses not listed in the table or not found to be substantially similar to the uses below are prohibited. Section numbers in the right hand column refer to specific regulations applicable to the particular use classification located in other sections of this code.

TABLE 17.06.020: LAND USE REGULATIONS—AGRICULTURE DISTRICT

(Ord. No. 662, § 2, 12-13-23)

Table 17.06.030, Development Standards—Agriculture District, prescribes the development standards for the agriculture district. Additional regulations are denoted in the right hand column. Section numbers in this column refer to other sections of this code, while individual letters refer to subsections that directly follow the table.

TABLE 17.06.030: DEVELOPMENT STANDARDS—AGRICULTURE DISTRICT

A.

Reduced Lot Size. Minimum lot sizes may be reduced only if a covenant, restriction or similar document is recorded which limit future uses of the lots to open space, agriculture or uses of the lots to open space, agriculture or uses or structures accessory to agriculture provided, however, that the minimum lot area shall in no case be less than twenty thousand square feet and the lots are clustered to maintain agricultural feasibility or provide a coordinated open space area.

(Ord. No. 662, § 2, 12-13-23)

Chapter 17.07 - RESIDENTIAL DISTRICTS

Sections:

The purposes of the residential districts are to:

A.

Provide for a full range of housing types consistent with the general plan/LCP land use plan.

B.

Preserve, protect, and enhance the character of the city's different residential neighborhoods and the quality of life of city residents.

C.

Ensure adequate light, air, privacy, and open space for each dwelling.

D.

Ensure that the scale and design of new development and alterations to existing structures are compatible with surrounding homes and appropriate to the physical characteristics of the site and the area where the project is proposed.

E.

Provide sites for public and semi-public land uses such as parks, schools, day care, and other uses that will serve city residents and will complement surrounding residential development.

Additional purposes of each residential district:

Residential Low Density (RL). The RL district is intended to provide areas for detached single-unit dwellings and accessory uses compatible with the residential use of the district. In addition to single-unit dwellings, this district provides for other compatible uses, such as schools and parks that may be appropriate in a single-unit residential neighborhood. The overall density limit for these areas is four units per acre. This district implements the low density residential general plan/LCP land use plan land use designation.

Residential Single-Unit (RS). The RS district is intended to provide areas for detached and attached singleunit housing at densities between four and one-tenth and seven. Overall densities for these areas are up to seven units per net acre. In addition, this district provides for uses such as schools and parks that may be appropriate in a low- or moderate-density residential environment. This district implements the moderate density residential general plan/LCP land use plan land use designation.

Residential Medium Density (RM). The RM district is intended to provide areas for a variety of housing types at densities between seven and one-tenth and fifteen units per acre. Types of dwelling units include attached and detached single-unit dwellings, townhomes, condominiums, two-unit dwellings, multi-unit developments, and apartments. This district also provides for uses such as schools, daycare centers, parks, and community facilities that may be appropriate in a medium density residential environment. This district implements the medium density residential general plan/LCP land use plan land use designation.

detached single-unit dwellings, townhomes, condominiums, two-unit dwellings, multi-unit developments, and apartments. This district also provides for uses such as schools, daycare centers, parks, and community facilities that may be appropriate in a medium density residential environment. This district implements the medium density residential general plan/LCP land use plan land use designation.

Residential High Density (RH). The RH district is intended to provide areas for a variety of medium to highdensity residential development. Housing types include single-unit attached, townhouses, condominiums, and apartment buildings at densities between fifteen and one-tenth and twenty-seven dwelling units per acre. Detached single-unit dwellings are allowed where site characteristics such as size or topography, preclude multi-unit development. This district also provides for uses such as schools, daycare centers, parks, and community facilities that may be appropriate in a higher-density residential environment. This district implements the high density residential general plan/LCP land use plan land use designation.

(Ord. No. 662, § 2, 12-13-23)

Table 17.07.020, Land Use Regulations—Residential Districts, sets the land use regulations for residential districts. The regulations for each district are established by letter designation as follows:

"P" designates permitted uses.

"M" designates use classifications that are permitted after review and approval of a minor use permit pursuant to Chapter 17.40, Use Permits.

"C" designates use classifications that are permitted after review and approval of a conditional use permit pursuant to Chapter 17.40, Use Permits.

"(#)" numbers in parentheses refer to specific limitations listed at the end of the table.

"-" designates uses that are not permitted.

For all uses, approval of a coastal development permit pursuant to Chapter 17.39, Coastal Development Permits (IP), may be required.

Land uses are defined in Chapter 17.53, Land Use Classifications. In cases where a specific land use or activity is not defined, the director shall assign the land use or activity to a classification that is substantially similar in character. Land uses not listed in the table or not found to be substantially similar to the uses below are prohibited. Section numbers in the right hand column refer to specific regulations applicable to the particular use classification located in other sections of this code.

is not defined, the director shall assign the land use or activity to a classification that is substantially similar in character. Land uses not listed in the table or not found to be substantially similar to the uses below are prohibited. Section numbers in the right hand column refer to specific regulations applicable to the particular use classification located in other sections of this code.

(Ord. No. 662, § 2, 12-13-23)

17.07.030 - Development standards (IP).

Table 17.07.030 A, Development Standards—RS districts, and Table 17.07.030 B, Development Standards —RL, RM, and RH districts, prescribe the development standards for residential districts. Additional regulations are denoted in the right hand column. Section numbers in this column refer to other sections of this code. Additional development standards are specified following the tables below.

TABLE 17.07.030 A: DEVELOPMENT STANDARDS—RS DISTRICTS

TABLE 17.07.030 B: DEVELOPMENT STANDARDS—RL, RM, AND RH DISTRICTS

Additional Development Standards.

A.

Senate Bill (SB) 9 Related Development. In the RS and RL districts, two dwelling units are allowed per lot if the following standards are met:

1.

The proposed development shall not be located in any of the following areas:

a.

Prime farmland or farmland of statewide importance.

b.

Wetlands.

c.

High or very high fire hazard severity zone.

d.

Hazardous waste site.

e.

Within a delineated earthquake fault zone.

f.

Within a special flood hazard area/subject to a letter of map revision.

g.

Within regulatory floodway.

h.

Lands identified for conservation in an adopted natural community conservation plan.

i.

Habitat for protected species.

j.

Lands under conservation easement.

k.

Within a historic district or property included on the state historic resources inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.

2.

The proposed development shall not require demolition or alteration of any of the following types of housing:

a.

Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

b.

Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.

c.

Housing that has been occupied by a tenant in the last three years.

3.

The proposed development shall not be located on a lot on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within fifteen years before the date that the development proponent submits an application.

4.

The proposed development shall not involve the demolition of more than twenty-five percent of the existing exterior structural walls.

5.

A maximum of two residential units are allowed per lot, inclusive of accessory dwelling units and junior accessory dwelling units.

6.

Each unit constructed pursuant to this subsection shall comply with all provisions of the base, overlay, or specific plan district, except as modified by this section.

a.

Interior Side and Rear Setbacks. A minimum four foot side and rear setback is required; however no setback is required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.

b.

Parking. A minimum of one space per unit shall be provided unless:

i.

The lot is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.

ii.

There is a car share vehicle located within one block of the lot.

c.

Rental Limitations. Rental terms shall be a minimum of thirty consecutive days.

7.

If located in the coastal zone, the project must also be found consistent with all applicable provisions of the LCP, including those specified in Section 17.14.040 B.

(Ord. No. 662, § 2, 12-13-23)

A.

Paving. The maximum amount of paved area in street-facing yards is fifty percent of the required yard.

B.

Residential Development.

All Residential Development, Window Placement. Windows shall be offset to avoid direct sight lines into and from neighboring properties.

==> picture [360 x 358] intentionally omitted <==

FIGURE 17.07.040(B.1): WINDOW PLACEMENT

2.

Single-Unit, Detached, Development. All detached single-unit development on lots five thousand square feet or more in size shall meet the following development standards.

a.

Front Elevation Second Story Stepback. A minimum of sixty percent of the second story front elevation shall be setback a minimum of three feet from the first floor wall.

b.

Building Massing. Two-story structures shall meet one of the following conditions:

• i.

The floor area of the second level shall not exceed seventy-five percent of the first level and the front and side elevation shall not be single solid planes; or

ii.

A minimum of twenty-five percent of each building elevation shall be setback at least three feet from the remaining area of the elevational plane.

3.

Single-Unit, Attached, and Multi-Unit Development. All attached single-unit and multi-unit residential development shall meet the following development standards.

a.

Building Design. Exceptions to the following building design requirements may be granted through design review approval where the review authority finds that adequate design features have been included to create visual variety and avoid a large-scale and bulky appearance.

i.

Entrance Orientation. All units located along public rights-of-way shall have the primary entrance facing the right-of-way.

ii.

Entrance Projection or Recess. Building entrances must have a roofed projection (such as a porch) or recess with a minimum depth of at least five feet and a minimum area of thirty square feet.

==> picture [360 x 149] intentionally omitted <==

FIGURE 17.07.040(B.3.II): ENTRANCE PROJECTION OR RECESS ATTACHED SINGLE-UNIT AND MULTI-UNIT DEVELOPMENT

iii.

Maximum Building Length. The maximum building length is one hundred feet.

iv.

Window Trim or Recess. Trim at least two inches in width shall be provided around all windows, or window must be recessed at least two inches from the plane of the surrounding exterior wall.

==> picture [360 x 193] intentionally omitted <==

FIGURE 17.07.040(B.3.IV): WINDOW TRIM OR RECESS ATTACHED SINGLE-UNIT AND MULTI-UNIT DEVELOPMENT

v.

Façade Articulation. All street-facing façades shall have at least one horizontal or vertical projection or recess at least two feet in depth for every twenty-five horizontal feet of wall. If located on a building with two or more stories, the articulated elements must be greater than one story in height, and may be grouped rather than evenly spaced in twenty-five-foot modules. Building entrances and front porches and projections into required yards such as stoops, bays, overhangs, fireplaces, and trellises may count towards meeting this requirement.

y-five horizontal feet of wall. If located on a building with two or more stories, the articulated elements must be greater than one story in height, and may be grouped rather than evenly spaced in twenty-five-foot modules. Building entrances and front porches and projections into required yards such as stoops, bays, overhangs, fireplaces, and trellises may count towards meeting this requirement.

==> picture [360 x 109] intentionally omitted <==

FIGURE 17.07.040(B.3.V): FAÇADE ARTICULATION ATTACHED SINGLE-UNIT AND MULTI-UNIT DEVELOPMENT

vi.

Building Colors. Every building shall have at least two complementary colors.

b.

Private Storage Space. Each unit shall have at least two hundred cubic feet of enclosed, weather-proofed, and lockable private storage space with a minimum horizontal dimension of four feet. The required private storage shall be accessible from the exterior of the structure and may be used for bicycle parking.

c.

Pedestrian Access. On-site pedestrian circulation and access shall be provided according to the following standards.

i.

Internal Connections. A system of pedestrian walkways shall connect all buildings on a site to each other, to on-site automobile and bicycle parking areas, and to any on-site open space areas or pedestrian amenities.

ii.

To Circulation Network. Regular connections between on-site walkways and the public sidewalk and other planned or existing pedestrian routes shall be provided. An on-site walkway shall connect the primary building entry or entries to a public sidewalk on each street frontage.

iii.

To Neighbors. Direct and convenient access shall be provided to adjoining residential and commercial areas to the maximum extent feasible while still providing for safety and security.

iv.

To Transit. Safe and convenient pedestrian connections shall be provided from transit stops to building entrances.

v.

Pedestrian Walkway Design.

(1)

Walkways shall be a minimum of five feet wide, shall be hard-surfaced, and paved with concrete, stone, tile, brick, or comparable material.

(2)

Where a required walkway crosses parking areas or loading areas, it must be clearly identifiable through the use of a raised crosswalk, a different paving material, or similar method.

(3)

Where a required walkway is parallel and adjacent to an auto travel lane, it must be raised or separated from the auto travel lane by a raised curb at least four inches high, bollards, or other physical barrier.

C.

Small Lot Single-Unit Development. Single-unit development located on lots less than the minimum lot size established for residential districts may be approved with a conditional use permit subject to the following standards.

1.

Development Standards. Small lot single-unit development is subject to the development standards and supplemental regulations of the base zone district except as specified below.

a.

Maximum Density. Density shall be determined by the base zone district; however, density shall mean the average density of the entire site.

b.

Setbacks.

i.

Perimeter Setbacks. The minimum setback from the property lines on the perimeter of the small lot singleunit development shall be the required setbacks of the underlying base zone.

ii.

Interior Street Setbacks. The minimum setback from the back of sidewalk of any interior street or edge of pavement where there is no sidewalk shall be eighteen feet to the garage door and ten feet to any living area or covered porch.

iii.

Side Setbacks. The minimum setback shall be three feet from a side property line. For attached units, a minimum side setback of ten feet shall be provided at the end of the row of the attached units.

iv.

Rear Setbacks. The minimum setback shall be ten feet from the rear property line.

c.

Entrances.

i.

Dwelling units that abut a public right-of-way or private street shall orient the primary entryway toward the street.

ii.

Dwelling units located in the interior of the development shall orient the primary entryway toward and visible from a pedestrian pathway that is connected to a public right-of-way or private street.

iii.

There shall be a minimum eight-foot separation between the primary entryway of a unit and the adjacent building wall of a neighboring unit.

==> picture [264 x 222] intentionally omitted <==

FIGURE 17.07.040(D.1.C.III): ENTRANCE SEPARATION SMALL LOT SINGLE-UNIT DEVELOPMENT

d.

Open Space. Open space shall be provided pursuant to the open space requirements of the underlying base zone. In the RS and RL districts, open space shall be provided pursuant to the open space requirements of the RM district.

e.

Parking. Parking shall be provided in accordance with Chapter 17.27, Parking and Loading, except that small lot single-unit development of attached dwelling units shall be subject to the parking requirements for multi-unit residential.

2.

Required Findings. A conditional use permit for a small lot single-unit development shall only be approved if the following findings are made in addition to any other findings required by this code:

a.

The development will result in a density that is no higher than otherwise permitted in the zoning district and open space standards that are no less than required for a similar development within the zoning district;

b.

The design of the development provides for a comprehensive and harmonious arrangement of buildings, open spaces, circulation ways, parking, and development amenities; and

c.

The project relates to the existing and planned land use and circulation plans of the community, and does not constitute a disrupting element in the development pattern of the neighborhood.

(Ord. No. 662, § 2, 12-13-23)

In the RS and RL districts, urban lot splits consistent with California Government Code Section 66411.7 and Title 16, Subdivisions, of the Morro Bay Municipal Code, are allowed consistent with the following:

A.

No more than two new lots shall be created.

B.

Each new lot shall be at least one thousand two hundred square feet in size and at least forty percent of the area of the original lot.

C.

The urban lot split shall not involve a lot that has been established through prior exercise of an urban lot split.

D.

Neither the owner of the lot being subdivided nor any person acting in concert with the owner may have previously subdivided an adjacent parcel using an urban lot split.

E.

The urban lot split shall not be located in any of the following areas:

1.

Prime farmland or farmland of statewide importance.

2.

Wetlands.

3.

High or very high fire hazard severity zone.

4.

Hazardous waste site.

5.

Within a delineated earthquake fault zone.

6.

Within a special flood hazard area/subject to a letter of map revision.

7.

Within regulatory floodway.

8.

Lands identified for conservation in an adopted natural community conservation plan.

9.

Habitat for protected species.

10.

Lands under conservation easement.

11.

Within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance

F.

The urban lot split shall not require demolition or alteration of any of the following types of housing:

1.

Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

2.

Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.

3.

A lot on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within fifteen years before the date that the development proponent submits an application.

4.

Housing that has been occupied by a tenant in the last three years.

G.

Applicant Occupancy Required. The applicant for an urban lot split shall sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approved urban lot split.

1.

Exception. This requirement does not apply to an applicant that is a community land trust or qualified nonprofit corporation.

H.

Maximum Number of Units. A maximum of two residential units are allowed per lot, inclusive of accessory dwelling units and junior accessory dwelling units.

I.

Development Standards. Development on lots created by urban lots splits shall comply with all provisions of the base, overlay, or specific plan district in which it is located, except as modified by this section.

1.

Interior Side and Rear Setbacks. A minimum four foot side and rear setback is required; however, no setback is required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.

2.

Parking. A minimum of one space per unit shall be required unless:

a.

The lot is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.

b.

There is a car share vehicle located within one block of the lot.

3.

Rental Limitations. Rental terms shall be a minimum of thirty consecutive days.

J.

Review Procedures. A parcel map for an urban lot split consistent with California Government Code Section 66411.7 and Title 16, Subdivisions, of the Morro Bay Municipal Code shall be ministerially approved.

1.

In the coastal resource protection (CRP) overlay district, a coastal development permit pursuant to Chapter 17.39, Coastal Development Permits (IP) may be required.

K.

If located in the coastal zone, the project must also be found consistent with all applicable provisions of the LCP, including those specified in Section 17.14.040 B.

(Ord. No. 662, § 2, 12-13-23)

Chapter 17.08 - COMMERCIAL AND MIXED USE DISTRICTS

Sections:

The specific purposes of the commercial and mixed use districts are to:

A.

Provide for the orderly, well-planned, and balanced development of commercial and mixed-use districts;

B.

Designate adequate land for a full range of local- and regional-serving retail and commercial services consistent with the general plan/LCP land use plan to maintain and strengthen the city's economic resources;

C.

Provide appropriately located areas for a range of commercial uses that provide for a variety of good and services for residents, employees, and visitors;

D.

Provide opportunities for a mix of complementary uses that may combine residential and non-residential uses or combine a variety of non-residential uses on the same site; and

E.

Promote pedestrian-oriented, mixed-use commercial centers at appropriate locations.

Additional purposes of each commercial and mixed use district are as follows:

Neighborhood Commercial (NC). This district is intended to provide areas for smaller-scale neighborhood commercial areas which provide goods, services, and businesses to meet the day-to-day needs of nearby residents. Residential uses are allowed above and behind commercial uses and as stand-alone development in certain areas. This district implements the neighborhood commercial general plan/LCP land use plan land use designation.

Community Commercial (CC). This district is intended to create, maintain and enhance walkable community commercial areas that provide a mix of community-oriented uses including retail stores, restaurants, professional and medical offices, and personal services. Residential uses are allowed above and behind commercial uses and as stand-alone development in certain areas. This district implements the community commercial and the mixed use general plan/LCP land use plan land use designation.

District Commercial (DC). This district provides locations for retail, commercial, and service uses that meet local and regional demand. It is intended for larger-scale development that is appropriate in an autooriented environment. This district implements the district commercial general plan/LCP land use plan land use designation.

Visitor Serving Commercial VSC. This district is intended to provide areas for visitor-oriented services and uses located at easily accessible locations and tourist destinations. A range of visitor-serving uses are allowed, including hotels and motels, restaurants, retail, recreation, and other uses that accommodate visitor needs and activities. Residential uses are allowed in certain areas. This district implements the visitor-serving commercial general plan/LCP land use plan land use designation.

Transitional Mixed Use (TMU). This district is intended as a flexible district providing appropriate transitions from the commercial mixed-use character of the downtown to adjacent residential neighborhoods. A wide range of uses are allowed, including service, commercial, office, residential, public, and visitor serving uses. This district implements the mixed use general plan/LCP land use plan land use designation.

se (TMU). This district is intended as a flexible district providing appropriate transitions from the commercial mixed-use character of the downtown to adjacent residential neighborhoods. A wide range of uses are allowed, including service, commercial, office, residential, public, and visitor serving uses. This district implements the mixed use general plan/LCP land use plan land use designation.

(Ord. No. 662, § 2, 12-13-23)

17.08.020 - Land use regulations (IP).

Table 17.08.020, Land Use Regulations—Commercial and Mixed Use Districts, sets the land use regulations for commercial and mixed use districts. The regulations for each district are established by letter designation as follows:

"P" designates permitted uses.

"M" designates use classifications that are permitted after review and approval of a minor use permit pursuant to Chapter 17.40, Use Permits.

"C" designates use classifications that are permitted after review and approval of a conditional use permit pursuant to Chapter 17.40, Use Permits.

"(#)" numbers in parentheses refer to specific limitations listed at the end of the table.

"-" designates uses that are not permitted.

For all uses, approval of a coastal development permit pursuant to Chapter 17.39, Coastal Development Permits (IP), may be required.

Land uses are defined in Chapter 17.53, Land Use Classifications. In cases where a specific land use or activity is not defined, the director shall assign the land use or activity to a classification that is substantially similar in character. Land uses not listed in the table or not found to be substantially similar to the uses

below are prohibited. Section numbers in the right hand column refer to specific regulations applicable to the particular use classification located in other sections of this code.

(Ord. No. 662, § 2, 12-13-23)

Table 17.08.030, Development Standards—Commercial and Mixed Use Districts, prescribes the development standards for commercial and mixed use districts. Additional regulations are denoted in the right hand column. Section numbers in this column refer to other sections of this code.

Minimum Setbacks (ft)

A.

Additional Height Allowance, NC District. The planning commission may allow up to thirty 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 guidelines when allowing a project to exceed twenty-five feet in height.

1.

For buildings fronting on Main Street, 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 should exceed twenty-five 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.

To the extent practical, significant view opportunities shall be preserved and protected through the use of view corridors and air space easements.

B.

Required Building Location, CC District. The following building location requirements apply in the CC district.

1.

Build-to Line. Buildings shall be located within ten feet of street-facing property lines for at least sixty percent of the linear street frontage.

2.

Corner Build Area. Buildings shall be located within ten feet of the property line within thirty feet of the street corner.

3.

Frontage Improvements. The area between buildings and the property line shall be improved as part of a wider sidewalk, outdoor dining/seating area, or with landscaping.

4.

Exceptions. These requirements may be modified or waived through design review upon finding that:

a.

Entry courtyards, plazas, entries, or outdoor eating areas are located adjacent to the property line and buildings are built to the edge of the courtyard, plaza, or dining area; or

b.

The building incorporates an alternative entrance design that creates a welcoming entry feature facing the street.

==> picture [336 x 240] intentionally omitted <==

FIGURE 17.08.030(C): REQUIRED BUILDING LOCATION, CC DISTRICT

C.

Front Setback, TMU District. Where twenty-five percent or more of the lots on the same block face have been improved with buildings, the minimum front setback requirement shall be the average of the actual front setback of all improved lots on such block face or fifteen feet, whichever is less.

(Ord. No. 662, § 2, 12-13-23)

A.

Building Transparency/Required Openings, Non-Residential Uses. Exterior walls of buildings or portions of buildings containing non-residential uses facing and within twenty feet of a front or street side lot line shall include windows, doors, or other openings for at least fifty percent of the building wall area located between two and one-half and seven feet above the level of the sidewalk. Such walls may run in a continuous plane for no more than thirty feet without an opening.

1.

Design of Required Openings. Openings fulfilling this requirement shall have transparent glazing and provide views into work areas, display areas, sales areas, lobbies, or similar active spaces, or into window displays that are at least three feet deep.

2.

Reductions through Design Review. The building transparency requirement may be reduced or waived through design review upon finding that:

a.

The proposed use has unique operational characteristics with which providing the required windows and openings is incompatible, such as in the case of a cinema or theater; and

b.

Street-facing building walls will exhibit architectural relief and detail, and will be enhanced with landscaping in such a way as to create visual interest at the pedestrian level.

==> picture [360 x 116] intentionally omitted <==

FIGURE 17.08.040(A): BUILDING TRANSPARENCY/REQUIRED OPENINGS

B.

Exterior Building Materials and Colors.

1.

A unified palette of quality materials shall be used on all sides of buildings.

2.

Exterior building materials shall be stone, brick, stucco, concrete block, painted wood clapboard, painted metal clapboard or other quality, durable materials approved through design review.

C.

Pedestrian Access. On-site pedestrian circulation and access shall be provided according to the following standards.

1.

Internal Connections. A system of pedestrian walkways shall connect all buildings on a site to each other, to on-site automobile and bicycle parking areas, and to any on-site open space areas or pedestrian amenities.

2.

To Circulation Network. Regular connections between on-site walkways and the public sidewalk shall be provided. An on-site walkway shall connect the primary building entry or entries to a public sidewalk on

each street frontage. Such walkway shall be the shortest practical distance between the main entry and sidewalk, generally no more than one hundred twenty-five percent of the straight line distance.

3.

To Neighbors. Direct and convenient access shall be provided from commercial and mixed-use projects to adjoining residential and commercial areas to the maximum extent feasible while still providing for safety and security.

4.

To Transit. Safe and convenient pedestrian connections shall be provided from transit stops to building entrances.

5.

Interior Pedestrian Walkway Design.

a.

Walkways shall have a minimum clear unobstructed width of six feet, shall be hard-surfaced, and paved with permeable materials.

b.

Where a required walkway crosses driveways, parking areas, or loading areas, it must be clearly identifiable through the use of a raised crosswalk, a different paving material, or similar method.

c.

Where a required walkway is parallel and adjacent to an auto travel lane, it must be raised or separated from the auto travel lane by a raised curb at least four inches high, bollards, or other physical barrier.

D.

Additional Supplemental Regulations, CC, TMU, NC, and VSC Districts. The following additional supplemental regulations apply in the CC, TMU, NC, and VSC districts.

1.

Building Orientation.

a.

Buildings shall be oriented to face public streets.

b.

Building frontages shall be generally parallel to streets.

c.

Buildings shall be designed and oriented to minimize the visual intrusion into adjoining residential properties. Window, balcony, and deck locations shall be directed away from window areas of adjoining residences (on-site or off-site).

2.

Building Entrances, Nonresidential Uses.

a.

The primary building entrance shall face a public sidewalk.

b.

Entrances located at corners shall generally be located at a forty-five-degree angle to the corner and shall have a distinct architectural treatment to animate the intersection and facilitate pedestrian flow around the corner. Different treatments may include angled or rounded corners, arches, and other architectural elements.

c.

All building and dwelling units located in the interior of a site shall have entrances from a sidewalk that is designed as an extension of the public sidewalk and connect to a public sidewalk.

==> picture [336 x 153] intentionally omitted <==

FIGURE 17.08.040(D.2): BUILDING ENTRANCES, CC, TMU, NC, AND VSC DISTRICTS

3.

Limitations on Location of Parking. Off-street parking spaces shall be located to the rear of principal buildings whenever possible. Above ground parking may not be located within forty feet of a street facing property line. Exceptions may be granted through design review upon finding that:

a.

The design incorporates habitable space built close to the public sidewalk to the maximum extent feasible; and

b.

The site is small and constrained such that underground parking or surface parking located more than forty feet from the street frontage is not feasible.

E.

Rooftop View Decks, VSC District between Beach Street and Surf Street. In the VSC district between Beach Street and Surf Street, the use of a rooftop for decks for viewing or similar uses may be permitted subject to conditional use permit approval if the planning commission finds that by its location, screening, hours of operation, or other features, the use will not significantly adversely affect residences on the blufftop, especially during night time hours.

(Ord. No. 662, § 2, 12-13-23)

Chapter 17.09 - INDUSTRIAL DISTRICTS (IP)

Sections:

17.09.010 - Purpose and applicability.

The purposes of the industrial districts are to:

A.

Designate adequate land for businesses, professional offices, and industrial growth consistent with the general plan/LCP land use plan to maintain and strengthen the city's economic resources;

B.

Provide a range of employment opportunities to meet the needs of current and future residents;

C.

Provide areas for a wide range of manufacturing, industrial processing, and service commercial uses and protect areas where such uses now exist; and

D.

Preserve appropriately sited land for uses which must be located near the coast to function.

Industrial-General (IG). The IG district is intended to provide areas for a variety of industrial and service uses. Retail, service, and other supporting uses serving employees and businesses are also allowed. This district implements the general (light) industrial general plan/LCP land use plan land use designation.

Industrial-Coastal-Dependent (ICD). The ICD district is intended to provide areas for coastal dependent industrial land uses that are given priority by the California Coastal Act for location adjacent to the coastline. This district implements the coastal-dependent industrial general plan/LCP land use plan land use designation.

(Ord. No. 662, § 2, 12-13-23)

Table 17.09.020, Land Use Regulations—Industrial Districts, sets the land use regulations for industrial districts. The regulations for each district are established by letter designation as follows:

"P" designates permitted uses.

"M" designates use classifications that are permitted after review and approval of a minor use permit pursuant to Chapter 17.40, Use Permits.

"C" designates use classifications that are permitted after review and approval of a conditional use permit pursuant to Chapter 17.40, Use Permits.

"(#)" numbers in parentheses refer to specific limitations listed at the end of the table.

"-" designates uses that are not permitted.

For all uses, approval of a coastal development permit pursuant to Chapter 17.39, Coastal Development Permits (IP), may be required.

Land uses are defined in Chapter 17.53, Land Use Classifications. In cases where a specific land use or activity is not defined, the director shall assign the land use or activity to a classification that is substantially similar in character. Land uses not listed in the table or not found to be substantially similar to the uses below are prohibited. Section numbers in the right hand column refer to specific regulations applicable to the particular use classification located in other sections of this code.

TABLE 17.09.020: LAND USE REGULATIONS—INDUSTRIAL DISTRICTS

P: Permitted Use; M: Minor Use Permit Required; C: Conditional Use Permit Required; -: Use Not Allowed Note: A Coastal Development Permit may be required, See Chapter 17.39, Coastal Development Permits

(Ord. No. 662, § 2, 12-13-23)

Table 17.09.030, Development Standards—Industrial Districts, prescribes the development standards for industrial districts. Additional regulations are denoted in the right hand column. Section numbers in this column refer to other sections of this code.

TABLE 17.09.030: DEVELOPMENT STANDARDS—INDUSTRIAL DISTRICTS

(Ord. No. 662, § 2, 12-13-23)

Chapter 17.10 - PUBLIC AND SEMI-PUBLIC DISTRICTS (IP)

Sections:

The purposes of public and semi-public districts are to:

A.

Provide land for development of public, quasi-public, and open space uses that provide services to the community and support existing and new residential, commercial, and industrial land uses.

B.

Provide areas for educational facilities, cultural and institutional uses, health services, parks and recreation, general government operations, utility and public service needs, and other similar and related supporting uses.

C.

Provide opportunities for outdoor recreation, and meet the recreational needs of Morro Bay residents.

D.

Reserve areas for passive recreation and habitat protection.

Additional purposes of each public and semi-public district:

Public Facility (PF). The PF district is intended for facilities that serve the public, such as government buildings and service facilities, schools, hospitals, cultural centers, and other public and quasi-public uses. The public facility district implements the public/institutional general plan/LCP land use plan land use designation.

Park and Recreation (PR). The PR district is intended to identify and maintain areas for active recreation,

including city parks and other areas that support recreational activities. Uses include parks, playgrounds, campgrounds, picnic areas, sports fields, golf courses, recreational clubs, and other appropriate recreational uses. This district implements the open space/recreation general plan/LCP land use plan land use designations.

Open Space (OS). The OS district is intended for open space, undeveloped parkland, habitat and natural resource areas, and other areas that provide open space, habitat protection and enhancement, or support passive recreation such as beach areas, linear parks, trails. This district implements the open space/recreation general plan/LCP land use plan land use designation.

(Ord. No. 662, § 2, 12-13-23)

17.10.020 - Land use regulations.

Table 17.10.020, Land Use Regulations—Public and Semi-Public Districts, sets the land use regulations for public and semi-public districts. The regulations for each district are established by letter designation as follows:

"P" designates permitted uses.

"M" designates use classifications that are permitted after review and approval of a minor use permit pursuant to Chapter 17.40, Use Permits.

"C" designates use classifications that are permitted after review and approval of a conditional use Permit pursuant to Chapter 17.40, Use Permits.

"(#)" numbers in parentheses refer to specific limitations listed at the end of the table.

"-" designates uses that are not permitted.

For all uses, approval of a coastal development permit pursuant to Chapter 17.39, Coastal Development Permits (IP), may be required.

Land uses are defined in Chapter 17.53, Land Use Classifications. In cases where a specific land use or activity is not defined, the director shall assign the land use or activity to a classification that is substantially similar in character. Land uses not listed in the table or not found to be substantially similar to the uses below are prohibited. Section numbers in the right hand column refer to specific regulations applicable to the particular use classification located in other sections of this code.

TABLE 17.10.020: LAND USE REGULATIONS—PUBLIC AND SEMI-PUBLIC DISTRICTS

(Ord. No. 662, § 2, 12-13-23)

Table 17.10.030, Development Standards—Public and Semi-Public Districts, prescribes the development standards for public and semi-public districts. Additional regulations are denoted in the right hand column. Section numbers in this column refer to other sections of this code.

(Ord. No. 662, § 2, 12-13-23)