Chapter 17.14 — COASTAL RESOURCE PROTECTION (CRP) OVERLAY DISTRICT (IP)

The coastal resource protection (CRP) overlay district applies to the "coastal zone" as defined by the Coastal Act (and denoted as the area within the "coastal zone-CZ" overlay district on the zoning map) and is established for the purpose of implementing the Coastal Act of 1976 (Division 20 of the California Public Resources Code) and to ensure that all development in the Coastal Zone of the city of Morro Bay is consistent with the city's certified local coastal program and the Coastal Act.

A.

Development within the CRP overlay district shall conform to all applicable LUP policies, the requirements of this chapter, and all other sections of the IP.

B.

Protection of coastal resources shall be a priority in all city actions and decisions, and development must conform to all applicable LCP policies related to hazards, water and marine resources, scenic resources, biological resources and environmentally sensitive habitat areas, cultural resources, and public access and recreation.

(Ord. No. 662, § 2, 12-13-23)

The following terms are used in the implementation plan. See also the definitions listed in land use plan Section 6, glossary and acronyms.

A.

Best Available Science. Current, generally accepted, data-driven information, as refined to be most applicable to the local circumstances and conditions, and considering a range of plausible impacts based on multiple time scales, emissions scenarios, or other factors developed to inform further decision-making regarding the range of impacts and vulnerabilities.

B.

Coastal Access.

1.

Lateral. An area of land providing public access along the shoreline and coastal bluffs.

Vertical. An area of land providing a connection between the first public road or use area nearest the sea and the publicly-owned tidelands or established lateral access way.

C.

Coastal-Dependent Development or Use. Any development or use which requires a site on, or adjacent to, the sea to be able to function at all.

D.

Coastal-Related Development or Use. Any development or use which is dependent on a coastal-dependent development or use.

E.

Coastal Beach (or Beach). The sandy area between the low tide and the first line of terrestrial vegetation or development or the toe of an adjacent coastal bluff or seawall, whichever is the most landward.

F.

Environmental Justice Communities. Low-income communities, communities of color, and other populations with higher exposure and/or sensitivity to adverse project impacts due to historical marginalization, discriminatory land use practices, and/or less capacity to mitigate adverse impacts.

G.

First Public Road Paralleling the Sea. That road nearest to the sea, as defined in Section 30115 of the Public Resources Code, which:

1.

Is lawfully open to uninterrupted public use and is suitable for such use;

2.

Is publicly maintained;

3.

Is an improved, all-weather road open to motor vehicle traffic in at least one direction;

4.

Is not subject to any restrictions on use by the public except when closed due to an emergency or when closed temporarily for military purposes; and

5.

Does in fact connect with other public roads providing a continuous access system, and generally parallels and follows the shoreline of the sea so as to include all portions of the sea where the physical features such

as bays, lagoons, estuaries, and wetlands cause the waters of the sea to extend landward of the generally continuous coastline.

H.

Flood (or Flooding). Normally dry land becoming temporarily covered in water, either periodically (e.g., tidal flooding) or episodically (e.g., storm or tsunami flooding), including in relation to sea level rise.

I.

Low-Income Household, Area, or Community. Means those with household incomes at or below eighty percent of the statewide median income or with household incomes at or below the threshold designated as low-income by the Department of Housing and Community Development. A) "low-income area" means an area with household incomes at or below eighty percent of the statewide median income or with household incomes at or below the threshold designated as low income by the Department of Housing and Community Development's list of state income limits adopted pursuant to Section 50093 (Section 39713 of the Health and Safety Code)

J.

Revetment. A type of shoreline protective device typically consisting of a sloped retaining wall; a facing of stone, concrete, blocks, rip-rap, etc. built to protect an embankment, bluff or development against erosion by wave action and currents.

K.

Riprap. A type of shoreline protective device consisting of a protective layer or facing of rock, concrete blocks or quarry stone, placed to prevent erosion, scour, or sloughing of an embankment or bluff or to protect development.

L.

Sea. The Pacific Ocean and all harbors, bays, channels, estuaries, salt marshes, sloughs, and other areas subject to tidal action through any connection with the Pacific Ocean, excluding nonestuarine rivers, streams, tributaries, creeks, and flood control and drainage channels.

M.

Submerged Lands. Lands which lie below the line of mean low tide.

N.

Visitor-Serving Development or Use. Stores, shops, businesses, temporary lodging and recreational facilities (both public and private) which provide accommodations, food and services for the traveling public, including, but not limited to, hotels, motels, campgrounds, parks, nature preserves, restaurants, specialty shops, art galleries and commercial recreational development such as shopping, eating and amusement areas.

(Ord. No. 662, § 2, 12-13-23)

In addition to any other required permits or approvals, all development, as defined in Coastal Act Section 30106, within the coastal resource protection (CRP) overlay district requires a coastal development permit (CDP) pursuant to Chapter 17.39, Coastal Development Permits (IP), except as specified in Section 17.39.020, CDP Exemptions, and Section 17.39.030, Waivers for Deminimis Development.

(Ord. No. 662, § 2, 12-13-23)

In order to protect priority land uses as defined by the Coastal Act, including recreation and visitor-serving and coastal-dependent uses for both residents and visitors, development shall conform with all applicable land use plan (LUP) land use designations and land use policies and standards, including, but not limited to, coastal priority uses policies and standards. Development shall only be authorized when the proposed use is allowed per the applicable land use designation, and when it meets all applicable LCP policies and standards.

A.

Visitor-serving uses shall have priority over private residential, general industrial, or general commercial development, but not over agriculture or coastal-dependent industry. Public recreational access facilities and uses, such as trails, accessways, and public parks, shall be permissible uses in all zoning districts.

B.

In addition to all other applicable regulations, accessory dwelling units, SB 9 related development, and affordable housing density bonus development shall meet the following additional standards:

1.

Accessory dwelling units, SB 9 related development, and affordable housing density bonus development are allowed provided they are sited and designed to avoid adverse impacts to coastal resources.

2.

For ADUs and SB 9, such proposed development shall be consistent with all applicable LCP provisions, including those governing sensitive habitats and their buffers (i.e., wetlands, streams, and ESHA), coastal hazards and corresponding buffers (e.g., meeting necessary beach and bluff setbacks without armoring), public views, and public coastal access.

For all ADUs and SB 9 development within the area shown in Figure 17.14.040(B)(2), the parking reductions specified in Section 17.07.030 A(6) shall not apply, and one off-street parking space per unit shall be

required. If enclosed or covered parking for the primary dwelling is converted or demolished in conjunction with the construction of an ADU or SB 9 unit, off-street replacement parking is required.

For all ADUs and SB 9 development, all CDP processing requirements specified in Chapter 17.39 shall be met, including in terms of public noticing and opportunities for appeal to the coastal commission for appealable development, with the exception that no local public hearing shall be required.

For affordable housing density bonuses, an analysis of coastal resource impacts associated with the density bonus project (and any alternatives) shall be provided. Such analysis shall identify the Coastal Act and LCP-consistent project for the site, defined as the maximum size, scale, density, and intensity of development (including the number of market-rate and affordable residential units) that can be accommodated on a proposed project site consistent with all Coastal Act and LCP requirements, and without applying any state density bonus law incentives/waivers/concessions. The LCP-consistent project shall be compared against a density bonus project, including clearly identifying any LCP deviations proposed to be sought, the coastal resource impacts associated with such deviations, and the affordable housing benefit being provided. Such analysis shall quantitively and qualitatively identify, compare, and contrast expected coastal resource impacts between the LCP-consistent project and the density bonus project. Such analysis shall also include an analysis of measures that could be applied to the density bonus project(s) to ensure that they do not result in any significant adverse coastal resource impacts (e.g., measures necessary to ensure consistency with all applicable Coastal Act and LCP provisions addressing wetlands, streams, environmentally sensitive habitats, coastal hazards, public recreational access, etc.)

In order to approve a project that deviates from the LCP standards for the site, the approving authority must conclude, based on substantial evidence, that: (a) the approved project encourages housing opportunities for persons of low and moderate income with the least amount of Coastal Act and LCP deviation; and (b) there will be no significant adverse coastal resource impacts due to the approved project.

==> picture [360 x 530] intentionally omitted <==

FIGURE 17.14.040(B)(2): ADU/SB 9 COASTAL PARKING STANDARDS

C.

Low Cost Visitor Accommodation, Protection of Low Cost Visitor Accommodations.

1.

Applicability. The provisions of this section apply to the expansion, reduction, redevelopment, demolition, conversion, closure, cessation, or new development of any project involving visitor overnight accommodations, with the exception of short-term rental lodging that is within residential units.

Low, Moderate, and High Cost Visitor Accommodations Defined. For purposes of this section, visitor accommodations shall be defined as low, moderate, or high cost as follows:

a.

Low Cost. The average daily room rate of all economy hotel and motel rooms in the city of Morro Bay based on the best available information (e.g., as defined in the city's lower-cost visitor-serving accommodations technical memorandum, Smith Travel Research data, etc.), or not to exceed seventy-five percent of the prior year's statewide average daily rate.

b.

Moderate Cost. Between low cost and high cost.

c.

High Cost. The average daily room rate of all upscale hotel and motel rooms in the city of Morro Bay based on the best available information (e.g., as defined in the city's lower-cost visitor-serving accommodations technical memorandum, Smith Travel Research data, etc.), and must be greater than or equal to is one hundred twenty-five percent of the prior year's statewide average daily rate.

3.

Required Low Cost Accommodations. Each development shall provide at least the number of low cost visitor overnight accommodations stated in subsection a below unless a reduction is approved pursuant to subsection b.

a.

Number of Accommodations.

i.

All removed low cost visitor overnight accommodations shall be replaced on at least a one-to-one ratio; and

ii.

New low cost visitor overnight accommodations shall be provided on at least a rate of one new low cost accommodation for every four new high cost accommodations.

b.

Reductions. The number of low cost accommodations to be provided may be waived or reduced taking into consideration the feasibility of the project and any additional amenities that would be provided to serve as a lower cost option for families. A request for a reduction in the number of low cost accommodations to be provided shall be accompanied by a feasibility study that explains why providing lower cost accommodations as part of the project is not feasible, whether the proposed project includes amenities

that would serve as a lower/moderate cost option for families (e.g., additional beds per unit, suite facilities, kitchen facilities, etc. that should be understood as making the project a lower or moderate cost option), or has other specific factors that make the accommodations more accessible to the general population and serves to increase coastal public access. A request for reduction may also be granted based on other project factors as well, including distance from the shoreline and other visitor-serving amenities, and the amount of lower-cost accommodations in the city (e.g., if the number of low cost visitor overnight accommodations in the city is above the city's goal of fifty percent [i.e., when fifty percent or more of all visitor overnight accommodations in the city are low cost]). This explanation shall address the land value; development costs; a breakdown of the estimated annual revenues (including average daily rate and occupancy rates); operating costs; and any other information necessary to address the feasibility of providing lower cost accommodations on site. The feasibility study shall be prepared at the applicant's expense. A request for a reduction in the number of low cost accommodations is not allowed on state tidelands (e.g. the waterfront master plan overlay), nor is it allowed for any replacement accommodations specified in Section 17.14.040(C)(3)(a)(i).

4.

Location. All required low cost accommodations shall be provided on the same lot as the associated visitor serving development except where it is not feasible to provide all lower cost accommodations as required on site and an equivalent combination of on site, off site, and payment of an in-lieu fee, in order of preference, is provided.

a.

Off-Site Accommodations. Off-site accommodations shall be located within the city of Morro Bay and shall be completed and ready for use prior to occupancy of the new development.

b.

In-Lieu Fee Program. Specific detailed information regarding calculation and use of any fees to be paid in lieu of providing lower cost visitor accommodations within the city shall be included as a condition of approval of the coastal development permit for the visitor accommodations. Fees shall be adequate to cover the cost of providing the equivalent number of required new low cost accommodations for which the CDP is issued (i.e., construction costs). Based on the Turner Construction Cost Index, construction cost per low cost unit in the first quarter of 2022 is one hundred thirty-three thousand dollars, not including land costs. All in-lieu fee payments shall be deposited into a fund established by the city which shall be in an interest-bearing account and shall only be used for the provision of new low cost overnight accommodations, within the city. Funds shall be used for activities that will result in additional low cost visitor accommodations, including, but not limited to, construction, renovation, and permitting costs. The specific low cost requirements for any project funded by the in-lieu fee program shall be determined through the CDP process of the in-lieu fee funded project.

5.

Rate Control and Income Eligibility Requirements Prohibited. In no event shall required low cost accommodations be required to:

a.

Provide overnight accommodation rental be fixed at an amount certain; or

b.

Establish any method for the identification of low or moderate income persons for the purpose of determining eligibility for overnight accommodation rentals in any such facilities.

6.

Monitoring of Low Cost Accommodations. The city shall monitor the number of low cost accommodations and report the status of the current number of low cost accommodations within the coastal zone within all staff reports containing visitor serving accommodations. This information shall be forwarded to the coastal commission prior to issuance of the coastal permit.

7.

Restrictions to Protect Lower Cost Accommodations. Any project that is required to provide low cost accommodations shall be required to submit annual reporting to the city verifying retention of low cost accommodation.

8.

Protection of Short-Term Vacation Rentals (Short-Term Lodging). Most short-term lodging units meet the low cost definition when maximum occupancy is taken into account. Short-term lodgings can accommodate more people than a typical hotel room. They also provide full-sized, equipped kitchens allowing families or larger groups to reduce the overall cost of a visit by allowing them to prepare meals as an alternative to dining out. The city shall continue to allow short-term lodgings in residential units as a means of providing lower cost overnight visitor accommodations while continuing to prevent conditions leading to increased demand for city services and adverse impacts in residential areas and coastal resources. Short-term rentals shall be subject to the standards in Section 17.30.220, Short-Term Vacation Rentals (IP).

(Ord. No. 662, § 2, 12-13-23)

In order to protect and maintain the city's unique natural setting and character, to promote orderly development, and to maintain consistency with the LCP's land use plan (LUP), development shall conform to all applicable LUP community design and visual resources and viewsheds policies. All standards within the LCP (including with respect to height, setbacks, density, coverage, etc.) shall be interpreted as maximums (or minimums) that shall be reduced (or increased as applicable) to protect and enhance such resources and meet LCP objectives to the maximum extent feasible. Development is subject to the development standards in the applicable zoning district and the following:

A.

Design and Siting. Development shall be sited and designed to maintain public views and community character, including through quality design, architectural articulation (including varied offsets and projections), and quality exterior materials and landscaping that respect and emphasize the natural setting and surrounding built environment.

B.

Coverage. Building and other site coverage shall be limited to the degree necessary to protect and maintain existing public views, maintain adequate open space to preserve small-scale visual landscapes, protect water quality (including by limiting impervious surfaces), and maintain community character, including thorough requirements for compact design, pervious materials, and maximized landscaping and open space. Utility and related infrastructure shall be sited underground if possible, and shall be screened from view and otherwise camouflaged if unavoidably sited above-ground.

C.

Heights. Building and other structure heights shall be limited and upper-story step backs shall be provided to the degree necessary to maintain existing public views, pedestrian scale, and community character. All heights shall be reduced as necessary to ensure that existing blue water views from public vantage points are maintained.

D.

Setbacks. Setbacks from streets and property lines shall be applied in a manner designed to maintain public views, maintain adequate open space to preserve small-scale visual landscapes and pedestrian scale, and maintain community character.

E.

Off-Street Parking. Off-street parking spaces shall be required in the number necessary to ensure that residential, customer, and employee parking needs are provided on-site and do not conflict with public parking needs, including for public coastal access. Factors to consider when determining off-street parking requirements include the size of the lot, proximity to the shoreline, and adequacy of public parking opportunities for public coastal access in the vicinity.

(Ord. No. 662, § 2, 12-13-23)

In order to protect and maintain agricultural land and to maintain consistency with the LCP's land use plan (LUP), development shall conform to LUP policies for agricultural uses and the following standards.

A.

Prime Agricultural Land. It is the intent of the city that it shall maintain the maximum amount of prime agricultural land in agricultural production to assure the protection of the area's agricultural economy.

1.

Special Restrictions on Nonagricultural Use of Prime Agricultural Land. The following special restrictions on uses shall apply to prime agricultural land:

a.

Commercial Uses. Commercial recreation, visitor-serving commercial and general commercial uses shall be prohibited on prime agricultural lands.

b.

Other Uses. All other uses which are conditionally permitted in the AG district may be permitted on prime agricultural lands only if the following findings are made:

i.

No Alternative Building Site. That no alternative building site exists except on prime agricultural lands;

ii.

Amount of Conversion Minimized. That the least amount of prime agricultural land possible will be converted to these conditionally permitted uses; and

iii.

No Use Conflicts. That the conditionally permitted uses will further the continuance of agricultural production on site and will not conflict with surrounding agricultural land and uses.

B.

Nonprime Agricultural Land. In addition, it is the city's intent that all nonprime agricultural land within the city suitable for agricultural use shall not be converted to nonagricultural uses unless:

1.

Continued or renewed agricultural use is not feasible; or

2.

Such conversion would preserve prime agricultural land or concentrate development consistent with Public Resources Code, Section 30250.

(Ord. No. 662, § 2, 12-13-23)

In order to protect the city's archaeological and historic resources, and to maintain consistency with the LCP's land use plan (LUP), development shall conform to all applicable LUP cultural and historic resources policies and the following requirements.

A.

Applicability. The provisions of this section apply to development within areas known to contain or suspected to contain cultural resources, including any parcel located within the coastal resource protection-cultural resource (CRP-CR) overlay district on the zoning map and any other parcel containing a known archaeological site recorded by the archaeological site survey office.

B.

Requirements.

1.

New Development. New development shall be sited and designed to avoid adverse impacts to cultural, archaeological, and paleontological resources to the maximum extent feasible. If there is no feasible alternative that can eliminate all impacts to cultural, archaeological, and paleontological resources, then the alternative that would result in the fewest or least significant impacts shall be selected. Reasonable mitigation measures shall be required for proposed developments where impacts to cultural, archaeological, and paleontological resources cannot be avoided through siting and design alternatives.

2.

Preliminary Site Survey Required. Before issuance of a land use or construction permit for development within the coastal resource protection-cultural resource (CRP-CR) overlay district, a preliminary site survey shall be required. The survey shall be conducted by a qualified archaeologist knowledgeable in local Native American culture, paleontologist, or other qualified expert subject to the approval of the director. Any affected Native American tribes with cultural affiliation to the project site should be consulted during the preliminary site survey.

3.

Mitigation Plan. If the preliminary site survey determines that proposed development may have an adverse impact on existing, known or suspected cultural resources and avoidance is infeasible, a plan for mitigation shall be prepared by a qualified archaeologist, paleontologist, or other qualified expert subject to the approval of the director. The purpose of the plan is to protect the resource through construction activities, project redesign, or other actions to avoid (or mitigate if avoidance is not feasible) the impacts on the resource. Highest priority shall be given to avoiding disturbance of sensitive resources. Lower priority mitigation measures may include use of fill to cap the sensitive resources. As a last resort, the review

authority may permit excavation and recovery of those resources. The mitigation plan shall be submitted to and approved by the director, and considered in the evaluation of the development request by the review authority. Any affected Native American tribes associated with cultural affiliation to the project site shall be consulted in the development of the mitigation plan and during its implementation.

4.

Archaeological Resources Discovery. In the event archaeological resources are unearthed or discovered during any construction activities, the following standards shall apply.

a.

Construction activities shall cease, and the community development department shall be notified so that the extent and location of discovered materials may be recorded by a qualified archeologist, and disposition of artifacts may be accomplished in accordance with state and federal law.

b.

In the event archeological resources are found to include human remains, or in any other case when human remains are discovered during construction, the county coroner is to be notified in addition to the community development department so that proper disposition may be accomplished.

c.

Construction activities shall not commence until a mitigation plan, prepared by a qualified professional archaeologist reviewed and approved by the director, is completed and implemented. if applicable, the director shall provide pertinent project information to the affected Native American tribe(s) and consider comments prior to approval of the mitigation plan and continue consulting with affected Native American tribes during plan implementation. The mitigation plan shall include measures to avoid the resources to the maximum degree feasible and shall provide mitigation for unavoidable impacts. A report verifying that the approved mitigation plan has been completed shall be submitted to the director prior to occupancy or final inspection, whichever occurs first.

(Ord. No. 662, § 2, 12-13-23)

In order to protect biological resources in the city's coastal zone, and to maintain consistency with the LCP's land use plan (LUP), development shall conform to all applicable land use plan biological communities and/or environmentally sensitive habitat area (ESHA) policies and standards and the following requirements.

A.

Purpose. The coastal resource protection-environmentally sensitive habitat (CRP-ESH) overlay district is intended to:

1.

Protect environmentally sensitive habitat areas against any significant disruption of habitat values.

2.

Maintain and, where feasible, restore the biological productivity and the overall quality of coastal waters, streams, wetlands, estuaries, and lakes.

3.

Protect wetlands for their water quality and habitat value.

B.

Applicability. The provisions of this section apply to development within areas known to contain or are suspected of containing sensitive habitat, including:

1.

Areas located within or within one hundred feet of an environmentally sensitive habitat area (ESHA) indicated in Figure C-2, environmentally sensitive habitat areas, of the land use plan, or in the city of Morro Bay ESHA review and current conditions mapping report; or

2.

Areas containing or located within one hundred feet of a habitat area where there is evidence of the presence of an ESHA, wetland, or other sensitive habitat.

C.

Initial Site Resource Survey.

1.

An initial site resource survey, prepared within one year of permit application, is required for all coastal development permit applications.

2.

The initial site resource survey shall identify the presence or potential for wetlands or sensitive habitat, vegetation, or wildlife species on the site. If the site contains the potential for monarch overwintering or rookeries due to the presence of appropriately sized trees and groves, a seasonally timed survey appropriate for detecting the target species shall be included in the study.

D.

Biological Site Assessment.

1.

Biological Site Assessment Required. If the initial site resources survey indicates the presence or potential for sensitive habitat vegetation or wildlife species on the site, a biological site assessment report shall be prepared with recommendations as to whether a habitat area constitutes an ESHA.

a.

Evaluation. The report shall include a site-specific survey, prepared within one year of completion of the report, and shall evaluate the following attributes when recommending whether a habitat area constitutes an ESHA:

i.

The presence of natural communities that have been identified as rare by the California Department of Fish and Wildlife.

ii.

The recorded or potential presence of plant or animal species designated as rare, threatened, or endangered under state or federal law.

iii.

The presence or potential presence of plant or animal species that are not listed under state or federal law, but for which there is other compelling evidence of rarity, such as designation as a 1B or 2 species by the California Native Plant Society.

iv.

The presence of coastal streams.

v.

The degree of habitat integrity and connectivity to other natural areas.

b.

Contents. The assessment shall be prepared by a qualified biologist approved by the city and shall, at minimum:

i.

Identify and confirm the extent of the ESHA;

ii.

Document any site constraints and the presence of sensitive plant or animal species;

iii.

Recommend buffers and development setbacks and standards to protect the ESHA;

iv.

Recommend mitigation measures to address any allowable impacts; and

v.

Include any other information and analyses necessary to understand potential ESHA impacts as well as measures necessary to protect the resource as required by the local coastal program.

vi.

Dune ESHA. For all new development within dune ESHA that could impact dune ESHA, and in addition to the biological assessment described above, a qualified, city-approved biologist shall prepare a dune stabilization and/or restoration plan. The dune stabilization/restoration plan shall include, at minimum:

(1)

The removal of all nonnative and invasive plants species;

(2)

Revegetation with native plant species, including rare and/or endangered species;

(3)

Maintenance and monitoring requirements;

(4)

Methods for directing public access; and

(5)

A schedule for plant establishment including targets for plant variation and density, contingency measures, and reporting.

(6)

The dune stabilization/restoration plan shall prohibit the use of any nonnative plant species and shall require that all nonnative species be removed and not allowed to persist. Initiation of restoration activities shall be required prior to occupancy/use of any allowable new development.

E.

Environmentally Sensitive Habitat Areas.

1.

ESHA Designation. Any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments shall be designated as an ESHA except existing developed areas.

2.

Protection Required. ESHAs shall be protected against any significant disruption of habitat values, and only uses dependent on those resources shall be allowed. Development in areas adjacent to ESHAs shall be sited and designed to prevent impacts which would significantly degrade such areas, and shall be compatible with the continuance of the ESHA.

3.

ESHA Buffers. A protective open space buffer shall be required to horizontally separate ESHA from development areas and provide distance and physical barriers to human and domestic pet intrusion.

a.

Size. ESHA buffers shall be of a sufficient size to ensure the biological integrity and preservation of the habitat they are designed to protect. Wetlands shall have a minimum buffer width of one hundred feet, measured from the outer edge of the wetland. For rivers, streams, and riparian areas, the required buffer shall extend at least fifty feet from the outer edge of the riparian vegetation on both sides of the river, stream, and/or riparian area or fifty feet itself (measured perpendicularly from the top of the river, stream, or measure from riparian area bank for areas without riparian direction of the vegetation). All other ESHA shall have a minimum buffer width of fifty feet, measured from the outer edge of the ESHA.

i.

Exceptions: Smaller buffers may be allowed pursuant to LUP policies C-1.5 and C-1.6 and only where it can be demonstrated that:

(1)

The required minimum buffer is not possible due to site-specific constraints, the site is unusable for the principal purpose if the buffer is not reduced, and the reduction is the minimum necessary that allows the use after all practical design modifications are evaluated;

(2)

The proposed narrower buffer would be protective of the biological integrity of the ESHA given the sitespecific characteristics of the resource and of the type and intensity of disturbance; and

(3)

For wetland buffers, the project is separated from the wetland by topography.

ii.

Additional Requirements. Where smaller buffers are allowed, the following additional requirements apply:

(1)

Site drainage shall be evaluated to ensure development does not cut off hydrology.

(2)

Stormwater from the development shall be managed such that it does not contribute sediment or pollutants into the ESHA.

(3)

Native vegetation shall be planted between the ESHA and the development.

b.

Vegetation.

i.

ESHA buffers shall be maintained exclusively with native vegetation to serve as transitional habitat.

ii.

Fuel modification zones shall be maintained outside of ESHA buffers.

iii.

Invasive plant species shall be prohibited.

4.

Design and Siting. Development outside, but within one hundred feet of, an ESHA shall incorporate the following design and site characteristics:

a.

Development adjacent to an ESHA shall be designed and sited to protect ESHA resources against any significant disruption of habitat values.

b.

Development adjacent to an ESHA shall be compatible with the continuance of ESHA habitat areas.

c.

Development adjacent to an ESHA shall be limited to low-impact land uses, such as open space and passive recreation whenever feasible.

d.

Development shall not necessitate fuel modification in an ESHA or ESHA buffer.

e.

Development lighting adjacent to an ESHA shall minimize impacts to wildlife.

i.

All outdoor lighting fixtures shall be designed, shielded, aimed, located, and maintained to direct lighting away from environmentally sensitive habitat areas (ESHA) and ESHA buffers and to minimize glare, sky glow, and light trespass.

ii.

Buildings shall be designed to minimize light trespass from interior lighting.

iii.

All lighting shall utilize the best available "dark sky" practices, including the use of lights with the lowest intensity possible for safety purposes and that utilize wavelengths that are the most environmentally

protective of organisms active at night and dawn and dusk.

f.

Unauthorized structures that impact, or encroach into, ESHA or ESHA buffer shall be removed.

5.

Limits on Land Uses. ESHA shall be protected against any significant disruption of habitat values. Uses within ESHA shall be limited to only those uses that are dependent on those resources. Limited public access improvements (e.g., hiking and educational trails and low-impact camping), minor educational, interpretative and research activities and development, and habitat restoration projects may be considered resource-dependent uses. Measures, including, but not limited to, trail creation, signage, placement of boardwalks, and fencing, shall be implemented as necessary to protect ESHA.

6.

Required Findings. No development shall be allowed in an ESHA or ESHA buffer area unless the following findings are made:

a.

The resource as identified will not be significantly degraded or disrupted by the proposed development and the development will be compatible with the continuance of the resource.

b.

There is no feasible less environmentally damaging alternative.

c.

All feasible mitigation measures capable of reducing or eliminating project-related impacts have been adopted.

F.

Wetlands, Deepwater Areas, and Other Water Areas.

1.

Protection Required.

a.

The biological productivity and the quality of coastal waters, streams, wetlands, estuaries, and lakes shall be protected, maintained and, where feasible, restored.

b.

All uses of the marine environment shall be carried out in a manner that will sustain the biological productivity of coastal waters and that will maintain healthy populations of all species of marine organisms

adequate for long-term commercial, recreational, scientific, and educational purposes.

c.

Marine resources shall be maintained, enhanced, and, where feasible, restored.

d.

Special protection shall be provided to marine resource areas and species of special biological or economic significance.

2.

Channelizations. Channelizations, dams, or other substantial alterations of rivers and streams shall incorporate the best mitigation measures feasible, and be limited to:

a.

Necessary water supply projects.

b.

Flood control projects where no other method for protecting existing structures in the floodplain is feasible and where such protection is necessary for public safety or to protect existing development.

c.

Developments where the primary function is the improvement of fish and wildlife habitat.

3.

Removal of Unauthorized Structures. All unauthorized structures that impact, or encroach into, wetlands, deepwater areas, or other water areas shall be removed.

4.

Diking, Filling, and Dredging Projects.

a.

Limits on Development. Development involving the diking, filling, or dredging of open coastal waters, wetlands, or estuaries shall only be permitted consistent with Section 30233 of the Coastal Act and under the following circumstances:

i.

Only if there is no feasible, less environmentally damaging alternative.

ii.

If there is no feasible, less environmentally damaging alternative, mitigation measures shall be provided to minimize adverse environmental effects.

iii.

Diking, filling, or dredging projects shall sustain the functional capacity of the wetland, or estuary. In order to establish that the functional capacity is being maintained, the applicant must demonstrate all of the following:

(1)

That the project does not alter presently occurring plant and animal populations in the ecosystem in a manner that would impair the long-term stability of the ecosystem; i.e., natural species diversity, abundance, and composition are essentially unchanged as a result of the project.

(2)

That the project does not harm or destroy a species or habitat that is rare or endangered.

(3)

That the project does not harm a species or habitat that is essential to the natural biological functioning of the wetland or estuary.

(4)

That the project does not significantly reduce consumptive (e.g., fishing, aquaculture and hunting) or nonconsumptive (e.g., water quality and research opportunity) values of the wetland or estuarine ecosystem.

b.

Limits on Uses. Development involving diking, filling, or dredging of open coastal waters, wetlands, and estuaries shall be limited to the following:

i.

Construction or expansion of port/marine facilities.

ii.

Construction or expansion of coastal-dependent industrial facilities, including commercial fishing facilities, and commercial ferry facilities.

iii.

In open coastal waters, including estuaries and streams, new or expanded boating facilities, including docks, slips, access ramps, piers, marinas, recreational boating, launching ramps, and pleasure ferries, and the placement of structural pilings for public recreational piers that provide public access and recreational opportunities.

iv.

Maintenance of existing and restoration of previously dredged depths in navigational channels, turning basins, vessel berthing, anchorage, and mooring areas, and boat launching ramps.

v.

Incidental public service purposes which temporarily impact the resources of the area, such as burying cables and pipes, inspection of piers, and maintenance of existing intake and outfall lines.

vi.

Sand extraction for restoring beaches, except in environmentally sensitive areas.

vii.

Restoration purposes.

viii.

Nature study, aquaculture, or similar resource-dependent activities.

c.

Dredged Material Disposal.

i.

Dredged material disposal shall be planned and carried out to limit turbidity and to avoid significant disruption to marine and wildlife habitats and water circulation.

ii.

Dredged material suitable for beneficial reuse shall be transported for such purposes to appropriate areas and placed in a manner that minimizes adverse effects on the environment.

iii.

Dredged material suitable for beach replenishment should be transported for such purposes to appropriate beaches or into suitable longshore current systems.

G.

Coastal Dunes.

1.

Purpose. This section provides requirements for development in areas with or adjacent to coastal dunes. The intent of this section is to protect coastal dunes as natural habitats and for shoreline protection.

Applicability. The requirements of this section shall apply to development in areas with coastal dune habitats.

3.

Earthmoving. Earthmoving of beach sand in dune habitat areas shall be limited to dune restoration projects necessary for the protection of coastal resources and existing development.

4.

Public Access and Recreation. Public beach access improvements shall be designed, sited, and maintained in a manner to avoid impacts to dune habitats through the use of well-defined footpaths, boardwalks, protective fencing, signage, and similar methods. Recreation improvements shall be designed and sited to avoid dune habitat areas.

5.

Restoration of Native Vegetation. Plant materials in coastal dune habitat areas shall be restricted to native plant species appropriate to the habitat type.

H.

Mitigation and Monitoring.

1.

When Required. Mitigation and monitoring programs, including restoration plans and management programs, are required to minimize adverse impacts to sensitive habitat.

a.

ESHA. Mitigation shall be required for allowable impacts to ESHA and other sensitive resources that cannot be avoided through the implementation of siting and design alternatives. Mitigation shall not substitute for implementation of the project alternative that would avoid impacts to ESHA.

b.

Wetlands. Feasible mitigation measures shall be required to minimize adverse environmental effects of diking, filling, or dredging of open coastal waters, wetlands, estuaries, and lakes where the proposed use is consistent with Section 30233 of the Coastal Act and there is no feasible less environmentally damaging alternative.

2.

Mitigation Programs. Mitigation programs shall include the following components:

a.

Specific mitigation objectives and performance standards designed to measure the success of the restoration and/or enhancement.

b.

Provisions for acquiring title or other property interest to the mitigation site.

c.

Provisions for the dedication of the restored or created habitat or wetland and associated buffer areas to a public agency or nonprofit entity acceptable to the reviewing authority, or permanent restriction of their use to open space purposes.

d.

A monitoring and management program with mitigation objectives and performance standards.

e.

Additional Components for Open Coastal Waters, Wetlands, Estuaries, and Streams.

i.

Wildlife Contingency Plan. A marine wildlife contingency plan (Plan) shall be developed and approved by the community development director prior to the initiation of any pile driving activities. That plan shall describe specific methods that will be used to reduce pile-driving noise and comply with the standards of this section. Power to the pile driver shall be ramped up to allow marine wildlife to detect a lower sound level and depart the area before full-power noise levels are produced. The plan shall identify a US Fish & Wildlife Service (USFWS)-approved biologist to monitor noise-generating construction within the waterlease area who shall be retained by the applicant. The plan shall describe on-site marine wildlife monitoring and reporting requirements, as well as identify specific conditions when the biological monitor shall be allowed to stop work, such as observance of a marine mammal within one hundred feet of the project area. The biologist shall be responsible to monitor for compliance with all environmental mitigation measures, and regulatory permit conditions (as applicable). The approved biological monitor shall be present onsite during construction and shall have the authority to stop construction if any individuals of southern sea otter are seen within one hundred feet of the project area. Construction will be allowed to resume after sighted otters have left the one hundred-foot radius of the project area or are deemed not in distress by the project biologist on a case by case basis. The species shall not be disturbed or forced from the project site by equipment, noise, or other disruptive activity. The monitor will have discretionary authority to temporarily halt the project if it is determined any otter, or other marine mammal, could be affected by the project, even if the animal is beyond the one hundred-foot boundary. All construction crew employees shall be informed on the requirements of this condition.

ii.

Oil Spill Response and Recovery Plan. A project-specific oil spill response and recovery plan that includes specifics on reporting and response procedures, available on-site equipment and contracted services, and responsibilities shall be completed and approved prior to the initiation of construction activities. Specifically, the project shall include the following best management practices (BMPs) and shall be included on building plans submitted for approval:

(1)

No refueling of equipment without adequate containment and spill response equipment. The barge shall have only double contained fuel storage below decks, with the spill containment and clean up kits on-site and easily accessible. Spill containment and clean up kits shall include the following:

(a)

One hundred fifty feet absorbent boom two hundred square feet absorbent tarp (for use during pile driving operations).

(b)

Barrel absorbent pads.

(c)

Container absorbent granules.

(2)

Rainwater runoff pollution from equipment stored on deck shall be prevented through ongoing equipment maintenance and appropriate double containment.

(3)

The work area shall be contained within a boom to prevent debris from falling into the water.

(4)

All equipment fueling shall take place on the barge, with containment in-place. No refueling between vessels shall occur.

(5)

An absorption tarp shall be placed underneath any portable equipment while in use.

(6)

No equipment shall be permitted to enter the water with any petroleum products.

(7)

All equipment used during pile driving operations shall be in good condition without fuel or oil leakage.

(8)

Should any equipment begin to leak, that equipment shall be removed immediately from the barge and repaired or replaced.

(9)

All vessels shall have portable, regularly serviced sanitation equipment. No overboard discharge is permitted.

iii.

Pre- and Post-construction Surveys. Applicants shall be subject to the California Eelgrass Mitigation Policy (CEMP) which requires a pre-construction survey shall be completed within thirty—sixty days prior to issuance of a building permit unless otherwise waived under the Army Corps permitting requirements. Post-construction survey, if required by the CEMP, shall be completed within thirty days of construction completion or as otherwise determined by the National Marine Fisheries Service (NMFS) in order to determine amount of impact if any and CEMP-required annual reporting and mitigations. Any change in eelgrass extent shall be documented and reported to the community development director. If the report identifies a reduction in eelgrass coverage then a plan shall be prepared to identify the appropriate mitigations necessary and in line with the specifications for mitigation of eelgrass habitat as provided for in the California Eelgrass Mitigation Policy, dated October 2014, or successor document.

iv.

Noise Mitigation Plan. Vibratory hammers shall be used for pile driving activities where feasible. In the instance anything other than a vibratory hammer is to be used for pile driving activities, a pile driving plan and hydro-acoustical noise mitigation plan shall be submitted to the community development director prior to issuance of a building permit to ensure that underwater noise generated by pile driving activities is minimized to the maximum extent feasible and does not exceed: (i) an accumulated one hundred eighty seven dB SEL as measured five meters from the source; and (ii) peak dB above two hundred eight dB as measured ten meters from the source as determined by the Fisheries Hydroacoustic Working Group. The plan shall provide for a hydro-acoustical monitor to ensure that underwater noise generated by pile driving activities does not exceed such limits. The plan shall identify the type of method used to install pilings. A bubble curtain shall be employed to contain both noise and sediment. The plan shall also provide for additional acoustical BMPs to be applied if monitoring shows underwater noise above such limits (including, but not limited to, alternative pile driving methods (press-in pile placement, drilling, dewatered isolation casings, etc.) and additional noise dampening measures (sound shielding and other noise attenuation devices).

oyed to contain both noise and sediment. The plan shall also provide for additional acoustical BMPs to be applied if monitoring shows underwater noise above such limits (including, but not limited to, alternative pile driving methods (press-in pile placement, drilling, dewatered isolation casings, etc.) and additional noise dampening measures (sound shielding and other noise attenuation devices).

v.

Netting or fencing around and underneath the project site shall be installed to catch and remove debris released during and after construction.

vi.

To reduce potential turbidity-associated impacts, silt screens should be used when and where they will be effective. The relatively high tidal currents within Morro Bay could reduce the effectiveness of silt screens and should be considered prior to placing of these screens.

3.

Habitat Creation/Restoration.

a.

ESHA. Mitigation for impacts to ESHA and other sensitive resources shall be in the form of habitat creation or substantial restoration. The mitigation shall occur on site wherever possible. Off-site mitigation measures shall only be approved when it is not feasible to fully mitigate impacts on site.

b.

Wetlands. Mitigation shall occur in the same watershed and in the form of in-kind wetland restoration or creation whenever possible. Where out-of-kind mitigation is necessary, restoration or creation of wetlands shall be of equal or greater biological productivity to the wetland that was filled or dredged. Mitigation may also be permitted in the form of restoration that includes opening equivalent areas to tidal action or providing other sources of surface water.

4.

Mitigation Ratios. Adverse impacts shall be mitigated at a ratio necessary to achieve the specific mitigation objectives and performance standards identified in the mitigation and monitoring program and approved by the review authority.

5.

Restoration Plans. A restoration and management plan shall be submitted. Restoration plans shall be reviewed and approved by a qualified professional prior to accepting sites for mitigation.

6.

Timing. Restoration/mitigation shall occur before or simultaneously with construction of the approved development.

a.

Any off-site mitigation site shall be purchased and legally restricted and/or dedicated before impacts to the development site can proceed.

7.

In-Lieu Fee for Wetland and/or Eelgrass Impacts. An in-lieu fee may be paid to an appropriate public agency to mitigate wetland and/or eelgrass impacts, if no appropriate mitigation site can be acquired. Payment of an in-lieu fee would only be an option if an applicant is unable to find a potential restoration site. The fee shall be based on the following factors:

a.

The habitat type.

b.

The costs of acquisition.

c.

The cost per acre to restore or create a comparable wetland within the region where the impact occurred.

d.

The acreage of the habitat affected, based on the final approved project.

8.

Monitoring. Monitoring of mitigation measures shall be for a period of sufficient time to determine if mitigation objectives and performance standards are being met. Midcourse corrections shall be implemented if necessary to meet the objectives or performance standards.

a.

Period. Monitoring shall be conducted a period of not less than five years following completion, unless the director determines that a longer mitigation monitoring schedule is appropriate. If performance standards are not met by the specified monitoring period, the monitoring period shall be extended until the standards are met or the applicant shall submit an amendment application proposing alternative mitigation measures and implement the approved changes.

b.

Reports. Monitoring reports that document the success or failure of the mitigation shall be provided to the department annually and at the conclusion of the monitoring period.

c.

Completion. The restoration shall be considered successful after the success criteria have been met for a period of at least three years with no remediation or maintenance activities other than weeding.

9.

Easements and Dedications. Where on-site or off-site preservation of an ESHA, wetland, stream, or mitigation area and buffers to each are required as a condition of approval of a coastal development permit or other authorization, a guarantee of protection through direct dedication, offer to dedicate, or conservation easement shall be required. The protection guarantee shall identify the precise location and area to be set aside for preservation along with evidence of the legal ability over that area to restrict that area and/or convey a property interest in that area.

a.

Timing. Prior to the approval of a coastal development permit, the method and form of the protection guarantee shall be approved by city attorney. The protection guarantee shall be recorded in the office of the county recorder prior to the issuance of a building permit.

b.

Management and Funding. A management plan and funding plan shall be required to ensure appropriate management of the habitat area in perpetuity.

c.

Method of Protection Guarantee. A method of access guarantee shall be chosen according to the following criteria:

i.

Deed Restriction. A deed restriction shall be used only where an owner, association or corporation agrees to assume responsibility for maintenance of and liability for the habitat area, subject to approval by the reviewing authority.

ii.

Grant of Fee Interest or Easement. A grant of fee interest or easement shall be used when a public agency or private organization approved by the reviewing authority is willing to assume ownership, maintenance and liability for the habitat.

iii.

Offer of Dedication. An offer of dedication shall be used when no public agency, private organization or individual is willing to accept fee interest or easement for habitat maintenance and liability. These offers shall not be accepted until maintenance responsibility and liability is established.

(Ord. No. 662, § 2, 12-13-23)

In order to enhance public views and the scenic qualities of the city's coastal zone, and to maintain consistency with the LCP's land use plan (LUP), development shall conform to all applicable land use plan visual resources and viewsheds policies and the following requirements.

A.

Site-Specific Visual Analysis. The following documentation and requirements shall be provided for all CDP applications within scenic areas, including those described in Figures C-6 and C-7 of the LUP and any other development that may adversely impact public views:

1.

A site plan that identifies all public view corridors and pictures of existing public views of and including the project site from public viewing areas, including all before and after public views of and towards the ocean.

2.

Project plans that confirm height is within the requirements of the zoning district in which it is located. Exceptions are allowed only for chimneys, vents, and similar vertical extensions, not to exceed an

additional four feet, and not to comprise more than five percent of a building's roof area. In all cases, heights may be further limited in order to meet LCP scenic resource protection requirements.

3.

When trees defined as major vegetation are proposed for removal, ribbons, or other method of identification showing the location of trees proposed for removal, must be installed.

4.

Illustration showing the colors, textures, and architectural styles to show the exterior façades are compatible with development on adjacent blocks and the city's overall architectural character and do not cause the project to stand out from surrounding built and natural features.

5.

Any other information deemed necessary to determine the visual impact of the proposed project, including but not limited to analysis of the heights of existing buildings within one hundred fifty feet of the proposed structure; story poles and netting showing proposed ridgelines; and visual simulations to help identify potential visual impacts.

B.

Exterior Lighting. Where exterior lighting is proposed, a plan showing the location, types, and intensity of the proposed lights is required. At a minimum, the exterior lighting plan must include the following:

1.

Lighting that is designed to minimize light spill into natural areas by using cut-off fixtures, directing light to the ground, and not flooding the site with light.

2.

Lighting that is minimally visible from coastal beaches and bluffs, and off-shore locations.

3.

Lighting that uses cut-off, shielded, or downward fixtures (i.e., the bulb is not directly visible) and is between 2600 and 3500 Kelvin and has a CRI of eighty-five or greater.

4.

Lighting that does not blink or flash unless required for navigation, safety, or similar purposes.

5.

Unless shielded from the coast by buildings or vegetation, trail lighting that is mounted on bollards no greater than 4 feet tall and with the lighting shielded from the coast.

6.

Anti-reflective window glazing, awnings, or other anti-glare methods on south- and west-facing elevations and those elevations visible from public view points.

C.

Landscaping. Development shall minimize the removal of existing native vegetation, and shall provide for landscaping improvements that include removal of non-native and/or invasive species, and plantings of noninvasive native plants in a manner sited and designed to enhance coastal habitats and public views.

1.

Landscaping Plan. For projects that include landscaping that may impact public views, a plan showing the type, location, and mature height of all trees and shrubs shall be required. At a minimum, the landscaping plan must include vegetation types and maintenance provisions that ensure, during both the growing stage and at maturity, plantings will not significantly encroach into a public view corridor or significantly obstruct public views to and of the ocean and shoreline areas.

D.

Ancillary and other Structures. Ancillary and other structures shall be sited and designed to protect views to and along the ocean and scenic coastal areas, to minimize the alteration of natural land forms, to be visually compatible with the character of surrounding areas, and, where feasible, to restore and enhance visual quality in visually degraded areas.

1.

Fencing and Hedges. Fencing and hedges shall be minimized to avoid negative impacts to public views (particularly blue water views) from roads, sidewalks, and other public viewing areas.

2.

Public Utilities. Public utilities shall be placed underground whenever feasible. When underground installation is infeasible, utilities shall be placed outside of public view and/or appropriately screened with landscaping when feasible.

3.

Telecommunication Facilities. Telecommunication facilities shall be sited and designed to avoid adverse impact coastal views, and alternatives shall be considered and required where such impacts can be avoided. Unless inconsistent with federal telecommunications law, such facilities shall not be allowed in agricultural lands, in EHSA/wetlands and other sensitive habitats, or in the waterfront district.

Undergrounding of such facilities shall be required whenever feasible. If undergrounding of such facilities is not feasible, co-location of such facilities shall be encouraged and screening shall be required when feasible.

(Ord. No. 662, § 2, 12-13-23)

In order to protect life, property, and coastal resources from coastal hazards, and to maintain consistency with the LCP's land use Plan (LUP), development shall conform to all applicable land use plan coastal hazards policies and the following requirements.

A.

Hazards Evaluation Report.

1.

Initial Site Assessment. The director shall conduct an initial site assessment screening of all permit applications to determine whether the site is or will be subject to geologic or other hazards over a timeframe of a minimum of one hundred years. Geological or other hazards are defined to include:

a.

Earthquake hazard zones;

b.

Areas subject to tsunami runup or episodic and long-term shoreline retreat (including beach or bluff erosion) including as related to sea level rise;

c.

Unstable slopes and areas with moderate or greater landslide or liquefaction potential; and

d.

Flood hazard areas, including those areas potentially inundated by future sea level rise.

e.

The screening shall include a review of reports, resource maps, aerial photographs, site inspection, and the city's hazards maps. Absence of mapping shall not alone be considered absence of hazard, and local site conditions shall be examined at the time of permit application using the best available science.

2.

Hazards Report. Where the initial site assessment reveals that the proposed development is located in potential coastal hazards areas mapped in Figures PS-7 and PS-8 of the LUP, within the coastal resource protection-sea level rise (CRP-SLR) overlay district, or in or within one hundred feet of an area potentially subject to geologic or other hazards over the one hundred-year assessment time frame, a hazards report consistent with LUP coastal hazards policies shall be prepared. The hazards report shall at a minimum provide for:

a.

Purpose. The report shall be prepared by a qualified geologist/engineer and shall identify the potential impacts of erosion, episodic and long-term shoreline retreat, flooding, inundation, storm waves, high seas,

tidal scour, and tsunamis, including in relation to sea level rise, over the life of the development. The report shall recommend any mitigation measures or modifications to the project that are needed to ensure that the project is consistent with all applicable land use plan coastal hazards policies.

b.

Content. The report shall, at a minimum, contain the following sections:

i.

Summary.

ii.

Geology of the project area.

iii.

Wave, tide, and current trends.

iv.

Erosion trends and episodes in project area.

v.

Seasonal beach profiles and trends.

vi.

Impacts from coastal hazards on the proposed project.

vii.

Description of project alternatives to avoid/minimize coastal hazard impacts.

viii.

Mitigation of coastal hazard impacts.

ix.

Conclusions and recommendations

x.

Coordination with other agencies, groups, or consultants.

xi.

Report preparer's qualifications.

xii.

References.

c.

Coastal Hazards Analysis. The report shall at a minimum document the following:

i.

Regional and local geologic setting, including topography, natural landforms, soil/rock types, thickness of soil or depth to bedrock, and other relevant properties such as erosion potential.

ii.

Information about potential coastal hazards at the site, including normal and maximum tidal surges, wave conditions (including maximum expected wave height and frequency/magnitude of wave/tidal surge), storm conditions (including storm waves from a one hundred-year event or a storm that compares to the 1982/83 El Niño event).

iii.

Long-term average annual erosion rates, based on photogrammetric analysis, LiDAR data, and peer reviewed studies and reports, etc., quantified in distance per year (e.g., six" per year). The long-term average annual erosion rate should be broken down separately for any differing geologic units (e.g., erosion for the upper bluff terrace deposits may differ from erosion for a harder lower bluff substrate) to the extent that these long-term rates differ.

iv.

Episodic or rapid erosion, based on recent observations from the project site or nearby areas of comparable geology.

v.

Ground and surface water conditions and variations, including hydrologic changes caused by the development (e.g., introduction of sewage effluent and irrigation water to the groundwater system, and alterations in surface drainage).

vi.

For coastal bluffs, quantitative slope stability analyses (including a description of the factors of safety for the site and structures on it, and a breakdowns, as appropriate, for the factors of safety applying to the full bluff profile.

vii.

Expectations for the near-term (three to five years) changes to the site, considering current erosion and related conditions (including wave and storm conditions).

viii.

Expectations for longer term changes, including the effects of sea level rise.

ix.

Effect of the proposed development (including siting and design of structures, septic system, landscaping, drainage, and grading) and impacts of construction activity on the stability of the site and the adjacent area.

d.

Mitigation of Coastal Hazards Analysis. The report shall include a detailed analysis of alternative options to avoid identified erosion/site stability hazards, including non-armoring alternatives. At a minimum the analysis shall include:

i.

Evaluation of alternatives including avoiding proposed development; relocation of any threatened structures, including an analysis of any technical feasibility questions and an estimate of expected costs to be borne by the property owner to relocate; partial removal of threatened elements, again with a clear analysis and estimate of how this would be accomplished; and site drainage controls and native plant revegetation.

ii.

Expectations on the degree of protection for each alternative must be provided, including an estimate of the number of years of stability provided to the structure or development being protected (absent additional armoring or other measures) associated with each option.

iii.

A combination of different alternatives should be considered when appropriate, such as for example, vegetation, surface water controls and periodic nourishment; or the use of incremental responses tied to identified triggers.

B.

Coastal Hazard Risks Acknowledged. Coastal hazard risks shall be acknowledged by deed restriction for all development that at some point during its lifetime may be subject to coastal hazards consistent with LUP coastal hazards policies (e.g., Policy PS-3.6).

C.

Shoreline Development.

1.

Purpose. This section provides standards for development proposed on lots that border the ocean or bay, where careful design and development practices are necessary to preserve significant coastline features,

implement applicable provisions of the general plan and local coastal program, and comply with the Coastal Act.

2.

Applicability. This section applies to all development, including expansion of existing uses, proposed to be located on or adjacent to a beach or coastal bluff, except in the Embarcadero as provided in paragraph b. Embarcadero, below.

a.

Coastal Bluff. A landform that includes a scarp or steep face of rock adjacent to the bay or ocean and meeting one of two parameters:

i.

The toe is now or was historically (generally within the last two hundred years) subject to marine erosion.

ii.

The toe of which lies within an area otherwise identified in Public Resources Code Section 30603(a)(1) or (a) (2).

b.

Embarcadero. The provisions of this subsection 17.14.100 C. shoreline development, do not apply to development in the Embarcadero as specified in LUP Policy LU-8.7.

3.

Geologic Report. Permit applications for development or expansion of existing uses proposed to be developed on or adjacent to a beach or coastal bluff shall include a geologic report prepared by a licensed engineering geologist or a professional civil engineer with expertise in soils and foundation engineering, or a registered geologist with a background in engineering applications. Such report shall include a scaled map showing location of the bluff edge, the toe of the bluff, and other significant geologic features by distance from readily identified fixed monuments such as the property line, centerline of the road nearest the bluff, or inside of curb face. The report shall include an analysis of beach erosion, wave run-up, inundation and flood hazards, including those due to sea-level rise; and consider, describe, and analyze the following:

a.

The impact of construction activity on the stability of the site and adjacent area;

b.

Bluff geometry and site topography, extending the surveying work beyond the site as needed to depict unusual geomorphic conditions that might affect the site;

c.

Historic, current, and foreseeable bluff and shoreline erosion and possible changes in shore configuration and sand transport;

d.

Geologic conditions, including soil, sediment, and rock types and characteristics, in addition to structural features such as bedding, joints and faults;

e.

Evidence of past or potential landslide conditions, the implications of such condition for the proposed development, and the potential effects of the development on landslide activity;

f.

Ground and surface water conditions and variations, including hydrologic changes caused by the development;

g.

Potential erosion of the site and mitigation measures to be used to ensure minimized erosion problems before and after construction (i.e., landscape and drainage design);

h.

Effects of marine erosion on coastal bluffs;

i.

Potential effects of seismic forces resulting from a maximum credible earthquake;

j.

Any other factor that might affect slope or bluff stability;

k.

A tsunami hazard assessment, including sea-level rise and tsunami wave runup calculations;

l.

Evaluation of off-site impacts of development (e.g., development contributing to geological instability) and the additional impacts that might occur due to the proposed development (e.g., increased erosion along a footpath).

m.

An evaluation of whether the development, as proposed or modified, could be safely established on the property for a one hundred-year period without a shoreline protective device and without taking into account the effect of any existing shoreline protective device;

n.

Measures to mitigate potential impacts; and

o.

Other matters as determined relevant to the property by the report preparer or city engineer.

4.

Coastal Bluff Face Development. No development shall be permitted on a coastal bluff face, except for engineered staircases or accessways to provide public beach access and pipelines for scientific research or coastal-dependent industry. Drainpipes shall only be allowed where no other less environmentally damaging drain system is feasible and the drainpipes are designed and placed to minimize impacts to the coastal bluff face, toe, and beach. Drainage devices extending over the coastal bluff face shall not be permitted if the property can be drained away from the coastal bluff face.

5.

Structures on the Beach. No permanent structure shall be permitted on a dry, sandy beach except a facility necessary for public health and safety, such as lifeguard towers, and recreation facilities, such as beach volleyball courts.

6.

Setbacks. Proposed development must be set back from the top of the coastal bluff, as provided by this subsection. Additional setbacks may be required to accommodate public access in compliance with Section 17.14.110, Coastal Access.

a.

Coastal Bluff Setback Requirements. New development must be set back equal to a sufficient setback to maintain a minimum factor of safety of at least one and one-half for a minimum of one hundred years based on a site-specific geological or geotechnical engineering study. In no case shall the minimum setback be less than twenty feet from the coastal bluff edge.

i.

No development, except pathways, stairways, fencing, signage, and other features associated with a public accessway or a necessary pipeline associated with a public facility, will be permitted within the bluff retreat setback identified in site-specific geologic reports.

b.

Non-Bluff Coastline Setbacks. Structures proposed within five hundred feet of the mean high tide line in areas that lack coastal bluffs, shall be set back equal to a sufficient setback so the proposed structure would not be expected to be subject to shoreline erosion or other hazards for the structure's lifetime or for fifty years, whichever is greater, based on a site-specific shoreline erosion rate and shoreline hazards study.

In no case shall the minimum setback be less than twenty feet from the coastline or property line adjacent to the ocean or bay, whichever results in a greater setback.

c.

Landscaping. Drought-tolerant landscaping shall be installed and maintained in the required setback.

7.

Erosion Control. Proposed development must be designed and constructed to incorporate appropriate erosion-control measures, consistent with the city's grading standards.

8.

Shoreline Protection Restrictions. Development shall be sited and developed to be safe from coastal bluff retreat, waves, or flood hazards without the use of any shoreline protective device. Existing and new shoreline protection devices shall be consistent with LUP coastal hazards policies.

a.

All permits for development on coastal blufftop or shoreline lots that do not have a legally established shoreline protection structure shall have conditions of approval requiring that prior to issuance of any grading or construction permits, the property owner record a deed restriction against the property to ensure that no shoreline protection structure will be proposed or constructed to protect the development, and expressly waiving any future right to construct such devices.

b.

Proposed development shall not be approved where the review authority determines that shoreline protective structures will be necessary to protect it at any point in the development's lifetime.

c.

A shoreline protective structure may be allowed where consistent with LUP policies with conditional use permit and coastal development permit approval, only when the approval body makes the following findings:

i.

The shoreline protective structure is consistent with all applicable LUP policies;

ii.

Non-structured alternatives to the protective devices have failed;

iii.

The shoreline protective structure is located to avoid significant rocky points and intertidal areas;

iv.

The shoreline protective structure proposed is the least environmentally damaging, feasible alternative;

v.

The shoreline protection structure is designed to maintain lateral beach access, where feasible; and

vi.

The shoreline protection structure is designed to respect natural land forms and minimize visual impact to the extent possible, through means including the use of visually compatible colors and materials.

vii.

New shoreline protective devices shall be sited and designed to avoid coastal resource impacts to the maximum extent feasible through: eliminating or mitigating all adverse impacts on local shoreline sand supply (including sand and beach area that are lost through the shoreline protective device's physical encroachment on a beach, fixing of the back beach, and prevention of new beach formation in areas where the bluff/shoreline would have otherwise naturally migrated, and the loss of sand-generating bluff/shoreline materials that would have entered the sand supply system absent the device); protecting and enhancing public recreational access; protecting and enhancing public views; minimizing alteration of, and being visually subordinate to, the natural character of the shoreline; avoiding impacts to archeological resources; and protecting other coastal resources as much as possible. Shoreline protective devices shall be required to mitigate impacts to shoreline sand supply, public access and recreation, and any other relevant coastal resource impacts in twenty-year increments, starting with the building permit completion certification date. Permittees shall apply for a coastal permit amendment prior to expiration of each twenty-year mitigation period, proposing mitigation for coastal resource impacts associated with retention of the shoreline protective device beyond the preceding twenty-year mitigation period, and such application shall include consideration of alternative feasible mitigation measures in which the permittee can modify the shoreline protective device to lessen its impacts on coastal resources. Shoreline protective devices shall only be authorized until the time when the qualifying development that is protected by such a device is no longer present, constitutes redevelopment, and/or no longer requires armoring, at which time the shoreline protective device shall be removed and the site restored.

9.

Liability. For any development on a beach or shoreline subject to wave action, erosion, flooding, landsides, sea-level rise, or other hazards associated with development on a beach or coastal bluff, the property owner shall execute and record a deed restriction that acknowledges and assumes these risks and waives any future claims of damage or liability against the city and agrees to indemnify the city against any liability, claims, damages, or expenses arising from any injury or damage due to such hazards.

D.

Flood Hazards. Habitable space is prohibited at elevations subject to wave and/or flood risk, including risk due to sea level rise.

E.

Geologic, Slope, and Stability Hazards. The following standards apply to all development within areas of geologic hazards; very high, high, and moderate landslide potential; high or moderate liquefaction potential; and areas with other soil or slope stability issues.

1.

Subdivisions. Land divisions, including lot line adjustments and SB 9 development, are prohibited in areas subject to geologic, seismic, and other hazards unless it is demonstrated by the subdivider that all lots in the new subdivision will have sufficient buildable land area that is situated outside the hazardous portions of the property and outside of any hazard setback areas.

2.

Geotechnical, Soil, and Engineering Studies. Site-specific geotechnical, geologic, soil, and/or structural engineering studies that assess the degree of hazard on the proposed site and recommend any appropriate site design modifications or considerations as well as any other mitigation measures shall be prepared.

(Ord. No. 662, § 2, 12-13-23)

In order to protect the public's access to the coast, and to maintain consistency with the LCP's land use plan (LUP), development shall conform to all applicable land use plan coastal access and Embarcadero policies and the following requirements.

A.

Purpose. This section provides procedures and standards for the preservation, dedication, and improvement of public access to and along the shoreline and coastal bluff tops, in conjunction with development in the coastal zone. The intent is to:

1.

Ensure that public rights of access to the shoreline are protected as guaranteed by the California constitution and achieve the basic state goals of maximizing public access to the coast, as set forth in the Coastal Act (Sections 30000 through 30900).

2.

Implement the public access and recreation policies of Chapter 3 of the Coastal Act (Sections 30210 through 30255) and the applicable policies of the coastal land use plan.

3.

Ensure public access to coastal bluff tops, where feasible.

B.

Applicability. The public access procedures and standards of this section shall be carried out in a reasonable manner as to the rights of the individual property owner with the public constitutional right of

access pursuant to Section 4 of Article X of the California Constitution.

1.

Protection of Existing Coastal Access. Development shall not interfere with public rights of access to the sea where the rights were acquired through use or legislative authorization. Public access rights may include the use of dry sand and rocky beaches to the bluff or first line of terrestrial vegetation.

2.

Access Requirements. Public access from the nearest public roadway to the shoreline and along the coast shall be provided in new development projects, except where:

a.

It would be inconsistent with public safety or the protection of fragile coastal resources;

b.

Adequate access exists nearby;

c.

Agriculture would be adversely affected;

d.

Access at the site would be inconsistent with policies of the local coastal program, other than those requiring access;

e.

Requiring or providing the access would be inconsistent with federal or state law; or

f.

The activity is not considered "new development." New development does not include:

i.

Replacement of any structure pursuant to the provisions of subdivision (g) of Section 30610.

ii.

The demolition and reconstruction of a single-family residence; provided, that the reconstructed residence shall not exceed either the floor area, height or bulk of the former structure by more than ten percent, and that the reconstructed residence shall be sited in the same location on the affected property as the former structure.

iii.

Improvements to any structure which do not change the intensity of its use, which do not increase either the floor area, height, or bulk of the structure by more than ten percent, which do not block or impede public access, and which do not result in a seaward encroachment by the structure.

iv.

The reconstruction or repair of any seawall; provided, however, that the reconstructed or repaired seawall is not seaward of the location of the former structure.

v.

Any repair or maintenance activity for which the commission has determined, pursuant to Section 30610, that a coastal development permit will be required unless the commission determines that the activity will have an adverse impact on lateral public access along the beach.

For purposes of this section, "bulk" means total interior cubic volume as measured from the exterior surface of the structure.

C.

Standards for Public Access.

1.

Lateral Access. Lateral access pursuant to Coastal Access Policies LU-7.1, LU-7.2, and LU-7.3 of the LUP shall be provided and shall consist of an offer to dedicate an easement or a grant of easement for open and unobstructed public accessways along the waterfront revetment (or shoreline, if no revetment exists, between the mean high-tide line to the first line of vegetation or an appropriate landward feature on sites along the Embarcadero and similarly developed areas).

2.

Vertical Public Access. Vertical access pursuant to Coastal Access Policy LU-7.4 of the LUP shall be provided and consist of an offer to dedicate an easement or a grant of easement for open and unobstructed vertical access to the shoreline.

3.

Public Accessways. All public accessways shall be properly signed and conform to coastal conservancy/coastal commission access standards and guidelines.

D.

Prescriptive Rights. In areas where it is established that the public acquired a right of access through use, custom, or legislative authorization, development shall not interfere with or diminish such access. This requirement will be interpreted to allow flexibility in accommodating both new development and continuation of historic public parking and access.

E.

Access Title and Guarantee. Where public coastal accessways are required by this chapter, approval of a coastal development permit will require guarantee of the access through deed restriction or dedication of right-of-way or easement. Before approval of a coastal development permit, the method and form of the access guarantee will be approved by the city attorney and recorded in the office of the county recorder, identifying the precise location and area to be set aside for public access. The method of access guarantee will be chosen according to the following criteria:

1.

Deed Restriction. To be used only where an owner, association, or corporation agrees to assume responsibility for maintenance of and liability for the public access area, subject to approval by the director.

2.

Grant of Fee Interest or Easement. To be used when a public agency or private organization approved by the director is willing to assume ownership, maintenance and liability for the access.

3.

Offer of Dedication. To be used when no public agency, private organization, or individual is willing to accept fee interest or easement for accessway maintenance and liability. These offers will not be accepted until maintenance responsibility and liability are established.

4.

Maintenance. A dedicated public accessway shall not be required to be opened to public use until a public agency or private association approved by the city council agrees to accept responsibility for maintenance and liability of the access, except in cases where immediate public access is approved through a deed restriction.

F.

Timing of Access Implementation. The type and extent of access to be dedicated and/or constructed and maintained, as well as the method by which its continuing availability for public use is to be guaranteed, shall be established as provided by this chapter at the time of planning permit approval (e.g., conditional use permit and/or coastal development permit approval).

1.

Dedication. Shall occur before issuance of construction permits or the start of any construction activity not requiring a permit.

2.

Construction of Improvements. Shall occur at the same time as construction of the approved development, unless another time is established through conditions of planning permit approval.

(Ord. No. 662, § 2, 12-13-23)

Chapter 17.15 - CLOISTERS (-CL) OVERLAY DISTRICT (IP)

Sections:

The cloisters (-CL) overlay district is intended to establish standards for clustered residential development and public open space within the cloisters subdivision, also known as the tract 1996 subdivision.

(Ord. No. 662, § 2, 12-13-23)

The cloisters (-CL) overlay district applies to all areas within the boundaries of the CL overlay district shown on the official zoning map, and as shown on the final map for tract 1996.

(Ord. No. 662, § 2, 12-13-23)

Land use regulations in all areas within the boundaries of the cloisters (-CL) overlay district shall comply with the land use regulations of the base zone district.

(Ord. No. 662, § 2, 12-13-23)

17.15.040 - Development standards.

The following standards shall apply for all residential development in the cloisters (-CL) overlay district. In any case where there is a conflict between the development standards of the base zone district and this chapter, this chapter shall control.

A.

Maximum Height. Height limits shall be measured from finished grade, provided that finished grade shall only exceed existing natural grade where necessary to meet floodplain elevation requirements, tract drainage, engineering, and utility design criteria. Grading plans shall be reviewed to ensure that the following criteria are met as determined by the city engineer. If the final map for tract 1996 should expire, maximum height shall comply with the height limits established by the local coastal program land use plan and the general plan

1.

Lots 1 through 45. Structures shall be limited to a single story, not to exceed fourteen feet in height.

2.

Lots 46 through 48, and 59 through 88. Structures shall be limited to a single story, not to exceed fourteen feet in height.

Lots 91, 92, 94, 96 through 100, 102, 103, 105 through 107, 109, 111, 114, and 117. Structures shall not exceed seventeen feet in height.

4.

Lots 49 through 58, 89, 90, 93, 95, 101, 104, 108, 110, 112, 113, 115, 116, 118 through 120. Structures shall not exceed twenty-five feet in height.

B.

Maximum Second Story Floor Area. For two-story structures, the maximum second story floor area shall be limited to fifty percent of the structure's total floor area.

C.

Minimum Lot Size.

1.

Interior Lots. Six thousand square feet.

2.

Corner Lots. Seven thousand square feet.

D.

Maximum Lot Coverage. Forty-five percent, unless otherwise allowed pursuant to the local coastal program land use plan standards.

E.

Minimum Lot Width. Fifty-five feet, or thirty-five feet on a cul-de-sac measured at the property line.

(Ord. No. 662, § 2, 12-13-23)

Chapter 17.16 - MIXED USE RESIDENTIAL (-MUR) OVERLAY DISTRICT (IP)

Sections:

The mixed use residential (-MUR) overlay district is intended to allow additional opportunities for residential development within certain zoning districts.

(Ord. No. 662, § 2, 12-13-23)

The mixed use residential (-MUR) overlay district applies to all areas within the boundaries of the MUR overlay district shown on the official zoning map.

(Ord. No. 662, § 2, 12-13-23)

In addition to the uses and development configuration allowed pursuant to base district regulations, residential development is allowed as follows.

A.

VSC District. In the VSC district, attached single-unit dwellings and multi-unit residential development up to twenty-seven units per acre are allowed with conditional use permit approval when provided as part of a visitor-serving, mixed-use development.

B.

NC District. In the NC district, residential housing types on the ground floor or developed as stand-alone residential development are allowed subject to minor use permit approval. Stand-alone residential development shall be subject to the development standards of the RM district.

(Ord. No. 662, § 2, 12-13-23)

Chapter 17.17 - WATERFRONT MASTER PLAN (-WMP) OVERLAY DISTRICT (IP)

Sections:

The purpose of this chapter is to identify the applicability of the waterfront master plan.

(Ord. No. 662, § 2, 12-13-23)

The waterfront master plan applies to all use and development of properties within the boundaries of the waterfront master plan (-WMP) overlay district boundaries on the official zoning map.

(Ord. No. 662, § 2, 12-13-23)

All development within the waterfront master plan (-WMP) overlay district shall be in accordance with the waterfront master plan.

(Ord. No. 662, § 2, 12-13-23)

Chapter 17.18 - PLANNED DEVELOPMENT (-PD) OVERLAY DISTRICT (IP)

Sections:

The purpose of this chapter is to establish a planned development (-PD) overlay district that provides for one or more properties to be developed under a plan that provides for better coordinated development and incorporates development standards crafted to respond to site conditions in order to:

A.

Provide for greater flexibility in the design of the development than is otherwise possible through the strict application of zoning district regulations;

B.

Ensure compliance with the general plan/local coastal land use plan and provide various types of land use which can be combined in compatible relationship with each other as a part of a totally planned development; and

C.

Allow for creative development projects that incorporate design features that are more sensitive to site conditions and provide greater amenities than would likely result from conventionally planned development.

(Ord. No. 662, § 2, 12-13-23)

A -PD overlay district shall be noted on the zoning map by the designation "-PD," followed by the number of the planned development based on order of adoption.

(Ord. No. 662, § 2, 12-13-23)

No use other than an existing use is permitted in a -PD overlay district except in accordance with a valid PD plan. Any permitted or conditional use authorized by this code may be included in an approved PD plan consistent with the general plan/local coastal land use plan land use designation(s) for the property.

(Ord. No. 662, § 2, 12-13-23)

17.18.040 - Development standards.

A.

Minimum Area.

Waterfront Master Plan Area. There is no minimum area of a -PD overlay district for areas within the waterfront master plan area.

2.

Other Areas. In areas outside of the waterfront master plan boundary, the minimum area of a -PD overlay district shall be one-half acre; however, the city council may approve a district smaller than one-half acre if it finds that a planned development would provide greater benefits to the general welfare of Morro Bay's residents and property owners than development under conventional zoning because of unique characteristics of the site or the proposed use.

B.

Residential Unit Density. Except where a density bonus is granted in compliance with Chapter 17.24, Affordable Housing, Density Bonuses, and Other Incentives, the total number of dwelling units in a -PD overlay district shall not exceed the maximum number permitted by the general plan/LCP land use plan density for the total area of the planned development designated for residential use, excluding areas devoted to public and private streets.

C.

Performance Standards. The performance standards prescribed by Chapter 17.28, Performance Standards, apply.

D.

Other Development Standards. Other development standards shall be as prescribed by the PD plan.

(Ord. No. 662, § 2, 12-13-23)

A.

Review Procedures.

1.

Zoning/LCP Amendment. An application for a -PD overlay district shall be processed as a zoning amendment, according to the procedures of Chapter 17.46, Amendments to the General Plan, Zoning Code, and Zoning Map; may require an amendment to the local coastal program; and shall include a PD plan.

2.

PD Plan. The PD plan shall be accepted and processed concurrently, in the same manner as a conditional use permit application, pursuant to Chapter 17.40, Use Permits.

3.

Tentative Subdivision Map. When a PD requires the submission of a tentative subdivision map, this map and all supporting documents shall be prepared and submitted concurrently with the application of the PD.

B.

Initiation. An application for a -PD overlay district may be initiated by any qualified applicant identified in Section 17.36.020, Application Forms and Fees, or a motion of the city council. If the property is not under a single ownership, all owners must join the application, and a map showing the extent of ownership shall be submitted with the application.

C.

Application Content. A qualified applicant shall submit an application for a -PD overlay district on a form prescribed by the planning division accompanied by the required fee. The planning division may require an applicant to submit such additional information and supporting data as considered necessary to process the application.

D.

Coastal Resources. The project shall include an evaluation of whether coastal resources are negatively impacted. If coastal resources are impacted, then coastal resources are required to be restored, protected, and/or enhanced to the greatest extent feasible as a result of the PD above and beyond that which the LCP would otherwise require.

(Ord. No. 662, § 2, 12-13-23)

17.18.060 - Required findings.

A -PD overlay district and PD plan shall only be approved if all of the following findings are made:

A.

The proposed development is consistent with the general plan/local coastal land use plan and any applicable specific plan, including the density and intensity limitations that apply;

B.

The subject site is physically suitable for the type and intensity of the land use being proposed;

C.

Adequate transportation facilities and public services exist or will be provided in accord with the conditions of development plan approval, to serve the proposed development; and the approval of the proposed development will not result in a reduction of traffic levels of service or public services so as to be a detriment to public health, safety, or welfare;

D.

The proposed development will not have a substantial adverse effect on surrounding land uses and will be compatible with the existing and planned land use character of the surrounding area;

E.

The development generally complies with applicable design guidelines; and

F.

The proposed development is demonstratively superior to the development that could occur under the standards applicable to the underlying base zoning district, and will achieve superior community design, resource protection, and/or substantial public benefit.

(Ord. No. 662, § 2, 12-13-23)

In approving a -PD overlay district and PD plan, the city council may impose reasonable conditions deemed necessary to:

A.

Ensure that the proposal conforms in all significant respects with the general plan, local coastal land use plan, and with any other applicable plans or policies that the city has adopted;

B.

Achieve the general purposes of this code or the specific purpose of the zoning district in which the project is located;

C.

Achieve the findings listed above; or

D.

Mitigate any potentially significant impacts identified as a result of review conducted in compliance with the requirements of the California Environmental Quality Act.

(Ord. No. 662, § 2, 12-13-23)

17.18.080 - Expiration and renewal.

A.

Expiration.

1.

PD Plan. A PD plan shall be effective on the same date as the ordinance creating the -PD overlay district for which it was approved and shall expire two years after the effective date unless actions specified in the conditions of approval have been taken, or a building permit has been issued and construction diligently pursued. An approved PD plan may specify a development staging program exceeding two years.

2.

Tentative Map. Where a tentative map has been approved in conjunction with a PD plan, the PD plan shall expire upon the expiration of the tentative map.

3.

Phased Development. In the event that the applicant intends to develop the project in phases, and the city council approves phased development, the PD plan shall remain in effect so long as not more than oneyear lapses between the end of one phase and the beginning of the next phase.

B.

Renewal. An approved PD plan that has not been inaugurated may be renewed for a two-year period approved by the city council after a duly-noticed public hearing. Application for renewal shall be made in writing between thirty and one hundred twenty days prior to expiration of the original approval. The city council may renew a PD plan if it finds the renewal consistent with the purposes of this chapter.

(Ord. No. 662, § 2, 12-13-23)

A.

Changed Plans. Amendments to a -PD overlay district or PD plan may be requested by the applicant or its successors. Amendments to the approved plan shall be classified as major or minor amendments. Upon receipt of an amendment application, the director shall determine if the proposed amendment constitutes a major or minor amendment.

B.

Major Amendments. Major amendments to an approved -PD overlay district or PD plan shall be considered by the city council at a duly noticed public hearing. An amendment will be deemed major if it involves one or more of the following changes:

1.

A change in the boundary of the -PD overlay district;

2.

An increase or decrease in the number of dwelling units for the -PD overlay district that is greater than the maximum or less than the minimum stated in the PD plan;

3.

An increase or decrease in the floor area for any non-residential land use that results in the floor area exceeding the minimum or maximum stated in the PD plan;

Any change in land use or density that is likely to negatively impact or burden public facilities and utilities infrastructure as determined by the public works director;

5.

Any change in land use or density that is likely to negatively impact or burden circulation adjacent to the - PD overlay district or to the overall major street system, as determined by the public works director; or

6.

Any other proposed change to the PD plan or the conditions of approval that substantively alters one or more of its components as determined by the director.

C.

Minor Amendments. Amendments not meeting one or more of the criteria listed in subsection B above shall be considered minor if they are consistent with and would not change any original condition of approval. Minor amendments may be approved by the director.

(Ord. No. 662, § 2, 12-13-23)

Plans for a project in a -PD overlay district shall be accepted for planning and building permits or subdivisions only if they are consistent with an approved PD plan and any conditions of approval. No project may be approved and no building permit issued unless the project, alteration or use is consistent with an approved PD plan.

(Ord. No. 662, § 2, 12-13-23)

Division III. - CITYWIDE REGULATIONS Chapter 17.23 - GENERAL SITE REGULATIONS

Sections:

The purpose of this chapter is to prescribe development and site regulations that apply, except where specifically stated, to development in all districts. These standards shall be used in conjunction with the standards for each district and overlay district, including the coastal resource protection (CRP) overlay district, established in Division II, District Regulations. In any case of conflict, the standards specific to the district shall override these regulations.

(Ord. No. 662, § 2, 12-13-23)

17.23.020 - Accessory structures (IP).

A.

Applicability.

1.

The provisions of this section apply to roofed structures, including but not limited to garages, carports, sheds, workshops, gazebos, and covered patios, that are detached from and accessory to the main building on the site. These provisions also apply to open, unroofed structures such as play equipment, decks and trellises, that are over eighteen inches in height and that are detached from and accessory to the main building on the site.

2.

When an accessory structure is attached to the main building, it shall be made structurally a part of and have a common wall or roof with the main building and shall comply in all respects with the requirements of this title applicable to the main building.

B.

Relation to Existing Structures. A detached accessory structure shall only be constructed on a lot on which there is a permitted main building to which the accessory building is related.

C.

Development Standards. Accessory structures shall meet the setback, height, and lot coverage requirements of the district in which it is located in addition to the following:

1.

Roofed accessory structures eight feet in height or more or one hundred twenty square feet or greater in size shall be at least six feet from any dwelling existing or under construction, either on the same lot or an adjacent lot.

2.

Roofed accessory structures shall not project beyond the front building line of the main building on site.

D.

Laundry and Utility Sink Plumbing. A detached accessory structure may have plumbing for a washer, dryer, and/or utility sink provided that it has an open floor plan without interior partitions.

E.

Bathrooms. Bathrooms located in accessory structures not approved for living space shall only be permitted when a deed restriction, subject to the approval of the city attorney, is recorded to run with the property restricting the bathroom and adjoining space from being converted into living space for residential purposes.

F.

Guesthouses. Detached guesthouses are allowed in the agriculture district and in residential districts subject to the following:

1.

Limitation. Only one guesthouse is allowed per lot. Guesthouses shall not be allowed on a lot with an accessory dwelling unit except as allowed through conditional use permit approval on a lot seven thousand five hundred square feet or more in size.

2.

Size and Configuration. A guesthouse shall not contain more than six hundred forty square feet of habitable floor area, nor shall it exceed thirty percent of the floor area of the primary single-unit dwelling.

3.

Facilities. Guesthouses may contain conditioned space, a toilet, shower, and sink. Cooking or food preparation facilities are prohibited.

4.

Use. A guesthouse shall not be used for residential occupancy independent from the primary single-unit dwelling or as a dwelling unit for rent.

(Ord. No. 662, § 2, 12-13-23)

17.23.030 - Demolition of buildings and structures.

A.

Applicability. No building or structure in the city can be demolished, removed, or relocated, except as authorized under the provisions of this section.

B.

Demolition Defined.

1.

Demolition. A demolition subject to the provisions of this section and all other applicable city regulations occurs when any of the following take place at any time over a five-year period:

a.

More than fifty percent of the structural elements of the roof or roof framing is removed.

b.

More than fifty percent of the structural exterior walls (or vertical supports such as posts or columns when a structure has no walls) of a structure are removed or are no longer a necessary and integral structural component of the overall building.

c.

More than fifty percent of the foundation system is removed or is no longer a necessary and integral structural component of the overall structure, including, but not limited to: perimeter concrete foundation, retaining walls, post and pier foundations, or similar element(s) that connect a structure to the ground and transfers gravity loads from the structure to the ground.

2.

Calculation. The calculation for determining whether a wall has been demolished will be based on a horizontal measurement of the perimeter exterior wall removed between the structure's footings and the structure's ceiling. The calculation for determining whether the roof or foundation system has been demolished will be based on the lineal feet of the foundation system, count of post and piers, or overall square footage of that individual element.

3.

Removal. The removal of a building for relocation to another lot is considered a demolition.

C.

Coastal Development Permit Required in the Coastal Resource Protection (CRP) Overlay District. Demolition is considered development pursuant to Section 17.54.020 D, Development. No building permit or demolition permit will be issued by the city for any development that requires a coastal development permit under the California Coastal Act of 1976 or Public Resources Code § 30000 et seq. until such time as a coastal development permit has been issued for such development.

(Ord. No. 662, § 2, 12-13-23)

A.

Any lot or parcel of land that was legally created through a recorded deed may be used as a building site even when consisting of less area, width, or depth than that required by the regulations for the district in which it is located.

B.

No substandard lot can be further reduced in area, width, or depth, unless such reduction is required as part of a public improvement.

C.

A substandard lot will be subject to the same setback and density requirements as a standard lot.

(Ord. No. 662, § 2, 12-13-23)

Where setbacks are required in this title, they shall be not less in depth or width than the minimum dimension specified, and they shall be at every point open and shall not be obstructed with non-movable features from the ground upward, except as provided in Table 17.23.050, Allowed Encroachments into Required Setbacks, or as specifically identified in another section of this title. Flags and flag poles are not allowed within required setback areas. The encroachments allowed in Table 17.23.050 are solely for specified zoning setbacks (for front, side, and rear yards) and not for any coastal resource setbacks (e.g., related to coastal bluffs/beaches or sensitive habitats).

TABLE 17.23.050: ALLOWED ENCROACHMENTS INTO REQUIRED SETBACKS

(Ord. No. 662, § 2, 12-13-23)

Fences, walls, dense hedges, and similar structures shall comply with the standards of this section.

A.

Maximum Height. The maximum allowed height of fences, walls, dense hedges, and related structures is as follows:

1.

Front and Corner Side Setbacks.

a.

Solid Fences, Walls, Dense Hedges, and Similar Structures. Solid fences, walls, dense hedges, and similar structures may be a maximum of three feet high within the required front and corner side setback except on parcels north of Alva Paul Creek and east of Highway One where solid fences, walls, dense hedges, and similar structures may be a maximum of four feet. Fence heights in existence as of date of adoption of Ordinance 662 shall be considered legal, non-conforming and allowed to remain to the maximum height of six and one-half feet.

b.

Open Fences, Walls, Hedges, and Similar Structures. Fences, walls, hedges, and similar structures with fifty percent or more of the surface open to the passage of air and light may be a maximum of four feet high within the required front and corner side setback except on parcels north of Alva Paul Creek and east of Highway One where such open fences, walls, dense hedges, and similar structures may be a maximum of five feet. Fence heights in existence as of date of adoption of Ordinance 662 shall be considered legal, nonconforming and allowed to remain to the maximum height of six and one-half feet.

2.

Areas Outside Front and Corner Side Setbacks. Fences, walls, dense hedges, and similar structures located outside the required front and corner side setback areas may be a maximum of six feet, six inches high.

3.

Decorative Features. One pedestrian entry gateway, trellis, or other entry structure is permitted in the required front or street-facing side yard of each lot, provided that the maximum height or width of the structure does not exceed ten feet. Such decorative feature shall not have any solid obstruction that exceeds two feet in diameter between the height of three and ten feet.

4.

Exceptions. The director may allow additional height, up to two feet with zoning clearance approval, where the location or characteristics of the site warrant additional height for safety or security purposes.

a.

Additional height may be allowed with minor use permit approval for fences, walls, dense hedges, and similar structures to enclose commercial or industrial uses, tennis courts, or similar areas.

==> picture [360 x 237] intentionally omitted <==

FIGURE 17.23.060(A): MAXIMUM HEIGHT, FENCE AND FREESTANDING WALLS

B.

Separation. Fences, walls, and similar structures located parallel to or within forty-five degrees of another shall be located a minimum of three feet apart. The area between the fences, walls, or similar structures shall be landscaped.

==> picture [360 x 195] intentionally omitted <==

FIGURE 17.23.060(B): REQUIRED SEPARATION, FENCE AND FREESTANDING WALLS

C.

Intersection Visibility. Notwithstanding other provisions of this section, fences, walls, and related structures must comply with Section 17.23.180, Visibility at Intersections.

D.

Materials.

1.

Prohibition on Hazardous Fencing Materials. The use of barbed wire, razor wire, ultra-barrier, electrified, and other hazardous fencing is not permitted unless such fencing is required by any law or regulation of the city, the State of California, Federal Government, or other public agency. An exception to this standard may be approved for sites in an industrial district, according to the procedures of Chapter 17.42, Modifications.

2.

Limitation on Chain-Link Fencing. Chain-link fencing is not permitted in residential districts.

3.

Limitation on Concrete Block. Plain, concrete block is not permitted as a fencing material. Concrete block must be finished with stucco and capped with a decorative cap.

E.

Maintenance. All walls and fences shall be maintained in a safe, neat and orderly condition at all times.

(Ord. No. 662, § 2, 12-13-23)

The structures listed in the following table may exceed the maximum permitted height for the district in which they are located, subject to the limitations stated and further provided that no portion of a structure in excess of the building height limit may contain habitable area or advertising.

TABLE 17.23.070: ALLOWED PROJECTIONS ABOVE HEIGHT LIMITS

Fire escapes, catwalks, and open railings No restriction required by law

None

(Ord. No. 662, § 2, 12-13-23)

A.

Applicability. The standards of this section apply to all new development and to exterior alterations and additions that involve replacement light fixtures or systems, except as provided below.

1.

Exemptions. The following lighting is exempt from the provisions of this section.

a.

Public and Private Street Lighting.

b.

Athletic Field Lights. Athletic field lights used within a school campus or park.

c.

Safety and Security Lighting. Safety and security lighting for public facilities.

d.

Construction and Emergency Lighting. All construction or emergency lighting fixtures, provided they are temporary and are discontinued immediately upon completion of the construction work or abatement of the emergency.

e.

Seasonal Lighting. Seasonal lighting displays related to cultural or religious celebrations.

f.

City-Sanctioned Special Events. Lighting in conjunction with a city-sanctioned special event.

B.

Prohibitions. The following types of exterior lighting are prohibited.

1.

Searchlights. The operation of searchlights for advertising purposes.

Mercury Vapor. Mercury vapor lights.

3.

Other Light Types. Laser lights or any other lighting that flashes, blinks, alternates, or moves.

C.

Exterior Lighting Plan Required. In the coastal resource protection (CRP) overlay district, an exterior lighting plan pursuant to Section 17.14.090 B, Exterior Lighting, is required.

D.

General Requirements. Exterior lighting shall be designed to be an integral part of the built environment, reflecting a balance for the lighting needs with the contextual ambient light level and surrounding nighttime characteristics of the community. Lighting for commercial installations adjacent to or near residential uses shall be compatible with and not directly illuminate nearby residential uses.

1.

Required Illumination.

a.

Sites Serving Three or More Residential Units.

i.

Lighting in parking areas, garage areas, and carport areas shall be maintained with a minimum of one footcandle of illumination at the ground level during the hours of darkness.

ii.

Aisles, passageways, and recesses related to and within the site shall be illuminated with an intensity of at least 0.25 foot-candles at the ground level during the hours of darkness.

b.

Non-residential Buildings. All exterior doors, during the hours of darkness, shall be illuminated with a minimum of 0.5 foot-candle.

c.

Parking Areas. Parking areas consisting of four or more parking spaces shall be illuminated with a minimum of one foot-candle at ground level.

2.

Maximum Height.

a.

Within one hundred feet of a residential district: Sixteen feet.

b.

Other Locations: Twenty-five feet.

c.

Exceptions: The planning commission may allow additional height for activities, uses, or development with unique lighting needs; for accentuating historic architectural features of a building, accentuating signage and/or landscape features; or for security purposes.

==> picture [360 x 104] intentionally omitted <==

FIGURE 17.23.080(C)(2): MAXIMUM HEIGHT, LIGHTING, AND ILLUMINATION

3.

Design of Fixtures. Fixtures shall be appropriate to the style and scale of the architecture. Fixtures on buildings shall be attached only to walls or eaves, and the top of the fixture shall not exceed the height of the parapet or roof or eave of roof.

4.

Timing Controls. All exterior lighting in non-residential development shall be on a time clock or photosensor system and turned off during daylight hours and during hours when the building or, in the case of shopping centers, all buildings, are not in use and the lighting is not required for security.

5.

Trespass. All lights shall be directed, oriented, and shielded to prevent light trespass or glare onto adjacent properties. The light level at property lines shall not exceed 0.3 foot-candles.

(Ord. No. 662, § 2, 12-13-23)

Motorhomes, recreational vehicles, or other vehicles shall not be used for human habitation or occupied for living or sleeping quarters except when installed within a licensed trailer court, recreational vehicle park or mobilehome park. Recreational vehicles, motor homes or boats maintained upon any lot, piece or parcel of land, other than a trailer court, trailer park or mobilehome park, shall comply with the following conditions:

A.

Outside Maintenance. Such vehicle or boat shall not be maintained in any required front yard or side street yard.

B.

Use as a Residence. Such vehicle or boat shall not be used for sleeping quarters nor shall any sanitary or cooking facilities contained therein be used.

C.

Connected to Utilities. Such vehicle or boat shall not be connected to utilities, including but not limited to electricity, gas, water or sewage.

(Ord. No. 662, § 2, 12-13-23)

Open space required by this code shall be provided in accordance with the following.

A.

Configuration.

1.

Private open space typically consists of balconies, decks, patios, fenced yards, and other similar areas outside the residential unit.

2.

Common open space typically consists of landscaped areas, patios, swimming pools, barbeque areas, playgrounds, turf, or other such improvements as are appropriate to enhance the outdoor environment of the development; these can be located at the ground level, on parking podiums, or on rooftops, provided they are adequately landscaped.

B.

Minimum Dimensions.

1.

Private Open Space. Private open space located on the ground level (e.g., yards, decks, patios) shall have no dimension less than eight feet. Private open space located above ground level (e.g., balconies) shall have no dimension less than six feet.

2.

Common Open Space. Minimum length and width dimension of fifteen feet.

C.

Usability. A surface shall be provided that allows convenient use for outdoor living and/or recreation. Such surface may be any practicable combination of lawn, garden, flagstone, wood planking, concrete, or other serviceable, dust-free surfacing. Slope shall not exceed ten percent.

D.

Accessibility.

1.

Private Open Space. The space shall be accessible to only one living unit by a doorway to a habitable room or hallway.

2.

Common Open Space. The space shall be accessible to the living units on the lot. It shall be served by any stairway or other accessway qualifying as an egress facility from a habitable room.

(Ord. No. 662, § 2, 12-13-23)

Storage of goods, materials, machines, equipment, and inoperable vehicles or parts outside of a building for more than seventy-two hours shall conform to the standards in Table 17.23.110, Outdoor Storage Regulations. The regulations of this section do not apply to temporary storage of construction materials reasonably required for construction work on the premises pursuant to a valid building permit or to the parking and storage of operable vehicles.

TABLE 17.23.110: OUTDOOR STORAGE REGULATIONS

(Ord. No. 662, § 2, 12-13-23)

Refuse storage and collection areas meeting the requirements of Title 8 shall be required for all new commercial and industrial projects, major redevelopments, and for all new residential projects of three or more units. Such areas shall be screened from public view in an attractive manner. The type, location, and method of screening of refuse storage and collection areas shall be approved by the director.

(Ord. No. 662, § 2, 12-13-23)

17.23.130 - Screening.

A.

Applicability. The standards of this section apply to all new development and additions that expand existing floor area by ten percent or more.

1.

Exceptions. Modifications to the standards of this section may be granted pursuant to Chapter 17.42, Modifications, where the review authority finds that the characteristics particular to the property or vicinity would render the required fencing or screening unnecessary or ineffective.

B.

Required Screening.

1.

Mechanical and Electrical Equipment. All exterior mechanical and electrical equipment shall be screened or incorporated into the design of buildings so as not to be visible from public rights-of-way and locations identified in the general plan/LCP land use plan areas from which there are visually significant views.

a.

Equipment to be screened includes, but is not limited to, all roof-mounted equipment, air conditioners, heaters, utility meters, cable equipment, telephone entry boxes, backflow preventions, irrigation control valves, electrical transformers, pull boxes, and all ducting for air conditioning, heating, and blower systems.

b.

Screening materials shall be consistent with the exterior colors and materials of the building.

c.

Exceptions may be granted by the director where screening is infeasible due to health and safety or utility requirements.

2.

Common Property Lines. A screening wall shall be provided on the interior lot lines of any lot that contains any use in the industrial use classification or the transportation, communication, and utilities use

classification except telecommunications facilities, and abuts a residential district or property used for residential purposes.

a.

Timing. The screening wall shall be provided at the time of new construction or expansion of buildings, or changes from one use classification to another use classification.

b.

Location. Screening walls shall follow the lot line of the lot to be screened unless the director finds that screening in another location on the lot will substantially screen the subject building, facility, or activity.

c.

Height. The screening wall shall be four feet in height within the required front setback of the subject lot and adjacent to the required front setback of the adjacent residential lot and six feet, six inches in height in other locations.

d.

Materials. The screening wall shall be solid masonry.

3.

Outdoor Storage Areas. Outdoor storage areas shall be screened from public rights-of-way, adjacent residential districts, and publicly accessible open space area with a solid masonry wall a minimum of six feet in height.

==> picture [360 x 99] intentionally omitted <==

FIGURE 17.23.130(B.3): SCREENING, OUTDOOR STORAGE AREAS

4.

Public Utility Substations and Electrical Transformer Yards. Public utility substations and electrical transformer yards shall be screened from public rights-of-way and adjacent properties with a solid wall.

C.

Substitute Materials.

Plant Materials. Screening comprised of plant materials may be substituted for a wall or fence when approved by the director as a suitable alternative provided such hedge is maintained at the minimum height required by this section.

2.

Landscaped Berms. A landscaped berm may be substituted for a wall or fence provided that the combination of berm and landscaping is no less than the required height of the fence or wall and the berm is constructed with a maximum slope of 1:3 with side slopes designed and planted so as to prevent erosion.

3.

Chain Link Fencing. Chain link fencing with vertical slats may be substituted for a solid wall or fence in an industrial district except where screening and fencing is required adjacent to a residential district or a location identified in the general plan/LCP land use plan areas from which there are visually significant views.

D.

Maintenance. Screening walls shall be maintained in good repair, including painting, if required, and shall be kept free of litter or advertising. Where hedges are used as screening, trimming or pruning shall be employed as necessary to maintain the required and the maximum allowed height.

(Ord. No. 662, § 2, 12-13-23)

The following standards apply to development on lots with an average slope of fifteen percent or greater prior to grading.

A.

Downhill Facing Building Elevation. The building elevation facing the downslope shall have a maximum height of twenty feet from finished grade with sufficient articulation from that building face to the next highest story to minimize the visual height and bulk as viewed from the lowest finished grade.

B.

Articulation. The apparent size of exterior wall surfaces visible from off the site shall be minimized through the use of bays, recesses, stepbacks, overhangs, landscaping, and/or other means of horizontal and vertical articulation to create changing shadow lines and break up massive forms.

C.

Foundation Design. The use of multi-level foundations (floor levels separated by a minimum of four feet) shall be the standard design for residential structures unless an alternative design, with less grading, is approved through the design review process as more appropriate for the site.

D.

Underfloors. Areas between the lowest floor and finished grade shall not exceed six feet in height.

E.

Decks. No portion of the walking surface of a deck with visible underpinnings shall exceed a height of six feet above grade. Decks shall be integrated into the architecture of the structure, and not appear as an add-on to the primary building mass.

==> picture [360 x 170] intentionally omitted <==

FIGURE 17.23.140: SLOPING LOTS

(Ord. No. 662, § 2, 12-13-23)

Vehicles, including trucks, cars, boats, motorcycles, and recreational vehicles, shall not be permitted to be parked or stored on private property in a location viewable from public rights-of-way in any district for the primary purpose of sale or rental, except on the premises of a business enterprise authorized to conduct such sale or rental unless specifically approved by the director.

(Ord. No. 662, § 2, 12-13-23)

Swimming pools, spas, and any body of water having a depth of more than eighteen inches and related equipment shall comply with the setback requirements in Table 17.23.160, Swimming Pool and Spa Setbacks. The setback is measured to the outside wall of the water-containing portion of the swimming pool or spa.

TABLE 17.23.160: SWIMMING POOL AND SPA SETBACKS

(Ord. No. 662, § 2, 12-13-23)

All electrical, telephone, cable television, and similar distribution lines providing direct service to a project shall be installed underground within the site. This requirement may be waived by the director upon determining that underground installation is infeasible, in which case the utilities shall be placed outside of public view and/or appropriately screened with landscaping.

(Ord. No. 662, § 2, 12-13-23)

17.23.180 - Visibility at intersections.

A.

On any corner lot, there shall be a triangular area at the corner of the property at the intersection of the streets, which shall be kept clear of visual obstructions from the height of three to seven feet.

B.

Such triangular area shall have sides which extend a minimum of ten feet along each street; provided, that the city engineer may require a larger triangular area if deemed necessary due to topography, curving rights-of-way or any other factor.

C.

Upon the approval of the city engineer, this requirement may be waived for development at controlled intersections (i.e., intersections with stop signs or signals for travelers along at least one right-of-way).

==> picture [264 x 233] intentionally omitted <==

FIGURE 17.23.180: VISIBILITY AT INTERSECTIONS

(Ord. No. 662, § 2, 12-13-23)

Chapter 17.24 - AFFORDABLE HOUSING, DENSITY BONUSES, AND OTHER INCENTIVES

Sections:

17.24.010 - Purpose.

The purpose of this chapter is to:

A.

Meet the requirements to provide affordable housing contained in Government Code Sections 65580— 65589.11 through inclusionary housing; and

B.

Promote and facilitate the provision of very-low, low, and moderate-income housing and housing for seniors, foster youth, veterans, and homeless persons consistent with the provisions of Government Code Sections 65915—65918 and the housing element of the general plan.

(Ord. No. 662, § 2, 12-13-23)

A.

Pursuant to the requirements of Government Code Sections 65580—65589.11, the following types of projects shall be required to provide inclusionary housing:

1.

Single-family homes of two thousand five hundred square feet or more of habitable floor area (excluding the floor area of any JADU or ADU units);

2.

Residential developments of five or more units;

3.

Residential development of two, three or four units with individual habitable floor areas of one thousand five hundred square feet or more (excluding the floor area of any JADU or ADU units);

4.

Condominium conversion projects;

5.

All new commercial projects of two thousand five hundred square feet or more of commercial floor area; and

Mixed-use projects of two thousand five hundred square feet or more of commercial floor area that also include either: one, two, three or four residential units with individual habitable floor areas of one thousand five hundred square feet or more, or with five or more residential units (of any size).

B.

Single-family homes with two thousand square feet (habitable floor space for primary dwelling) or more shall either pay an in-lieu fee or build (or include) an on-site accessory dwelling unit (ADU) or junior accessory dwelling unit (JADU).

C.

Residential projects of five or more units, residential projects with two, three or four units with individual habitable floor areas of one thousand five hundred square feet or more, and condominium conversion projects, shall provide a minimum of one inclusionary unit or ten percent of the total number of units, whichever is greater, to be affordable to families with incomes in the very low-, low-, or moderate-income ranges, based on an affordable housing proposal which details unit types to the approval of the community development director with consideration for the needs of the city at the time of approval. The lower-income units may be either for rent or for sale. As noted in Section 17.24.050 affordable rental units shall be deed restricted to maintain affordability criteria for a minimum of fifty-five years, and for-sale and owner-occupied units for a minimum of forty-five years.

D.

Commercial projects shall be required to provide at least one affordable dwelling unit within the project, or pay an in-lieu fee.

E.

Mixed-use projects shall meet the requirements of Section 17.24.020 C for the residential component of the project, as well as pay applicable commercial fees per Section 17.24.030.

F.

In accordance with Government Code Section 65590, the city shall require the developer to provide affordable housing on-site where feasible. If the city determines that this is not feasible based on a detailed economic analysis prepared by a city-contracted consultant at the cost of the applicant, the city shall require the developer to provide such housing at another location in Morro Bay. If the city determines that it is not feasible for the developer to provide such affordable housing off-site, the developer shall pay a fee in lieu of providing such housing. Said fee shall be as prescribed in Section 17.24.030.

G.

In lieu of providing on-site affordable housing or paying an in-lieu housing fee to meet inclusionary requirements, an applicant may meet the requirements of this chapter by dedicating land to the city to another public agency or non-profit housing agency for providing affordable housing units, subject to the approval of the community development director.

H.

The number of affordable inclusionary units shall be provided as required by this section. Affordable units required by the inclusionary ordinance count as affordable units toward meeting requirements for the density bonus.

I.

The following types of projects are not required to provide inclusionary units:

1.

Residential developments of two, three or four units with individual habitable floor areas of less than one thousand five hundred square feet;

2.

New commercial developments of less than two thousand five hundred square feet of floor area;

3.

Residential and commercial building additions, repairs, or remodels, provided that such work does not increase the number of existing dwellings by four or more units or result in an increase in floor area of two thousand five hundred square feet;

4.

Commercial condominium conversions which do not result in the creation of new dwellings;

5.

Emergency projects or projects which the council determines are necessary to protect public health and safety;

6.

Development projects which the director determines are essentially noncommercial or nonresidential in nature, which provide educational, social, or related services to the community and which are proposed by public agencies, nonprofit agencies, foundations, and other similar organizations;

7.

Projects which replace or restore a structure damaged or destroyed by fire, flood, earthquake, or other disaster within three years prior to the application for the new structure(s) consistent with the size and scale of the pre-existing structure(s). If the project prior to destruction was affordable by design or condition, then affordability requirements may apply; and

8.

Projects for which an approved tentative map or vesting tentative map exists, or for which a construction permit was issued prior to the effective date of the ordinance codified in this chapter and the permittee has unexpired permits.

(Ord. No. 662, § 2, 12-13-23)

In cases where the provisions for the required affordable housing are not being met on-site or off-site, the applicant may contribute in-lieu fees. Said fees shall be paid prior to issuance of a building permit or final tract map. Fees shall be established on a project basis using the following method:

A.

Fees accepted for affordable housing shall be used by the city to construct or assist in the construction of housing for rent or sale to very low-, low- and moderate-income families or to purchase land for the purpose of affordable housing or to assist very low-, low- and moderate-income families to afford adequate housing or for other measures to provide housing for low- and moderate-income families. The city may, at its option, transfer in-lieu fees to another public agency, such as a nonprofit housing provider, for the purpose of providing affordable housing in the city of Morro Bay or may allow fees to be used for projects located outside city limits with the goal of providing flexibility for the benefit of residents. However, projects within city limits should be prioritized.

(Ord. No. 662, § 2, 12-13-23)

17.24.040 - State density bonuses and incentives.

A.

Applicability. Pursuant to the requirements of Government Code Sections 65915—65918, the provisions of this section apply to the construction of five or more housing units that satisfy one or more of the following criteria:

1.

At least ten percent of the units are designated for low-income households;

2.

At least five percent of the units are designated for very low-income households;

At least ten percent of the units are designated for moderate-income households, provided that all units in the development are offered to the public for purchase;

4.

One hundred percent of the units in a senior housing development of at least thirty-five units as defined in Sections 51.3 and 51.12 of the Civil Code or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Government Code Section 798.76 or 799.5;

5.

Donation of land to the city consisting of at least one acre, or of sufficient developable acreage and zoning classification to permit construction of at least forty units, and not less than ten percent of the residential units in the proposed development, that are affordable to very-low income households.

6.

One hundred percent of the housing units (other than manager's units) are restricted to very low, lower and moderate-income residents (with a maximum of twenty percent available to residents with moderate income level).

7.

At least ten percent of the housing units are for transitional foster youth, disabled veterans or homeless persons, with rents restricted at the very low-income level.

8.

At least twenty percent of the housing units are for low-income college students in housing dedicated for full-time students at accredited colleges.

9.

At least thirty-three percent of the total units in a condominium conversion projects are available to lower or moderate-income households, or fifteen percent of the total units of the proposed condominium project to lower income households.

B.

Affordability Criteria. The various income thresholds for affordable housing rents are calculated in accordance with Health and Safety Code Section 500523 and 25 CCR Section 6918. The various income thresholds for affordable housing purchase costs for for-sale units are subject to Health and Safety Code Section 50052.5 and 25 CCR Section 6920. These income thresholds for different affordability categories are published annually by the County of San Luis Obispo.

C.

Calculating the Density Bonus. A density bonus shall be calculated on a sliding scale based upon the amount by which the percentage of affordable housing units exceeds the minimum number of affordable

units required to qualify for a density bonus established in Section 17.24.040(A). The density bonus shall be calculated as follows:

1.

A twenty percent density bonus, increasing by an additional one and one-half for each additional one percent increase in low-income units above the initial ten percent threshold, per Section 17.24.040 A1, above.

2.

A twenty percent density bonus, increasing by an additional two and one-half percent for each additional one percent increase in very low-income units above the initial five percent threshold, per Section 17.24.040 A2, above.

3.

A twenty percent density bonus for senior citizen housing developments pursuant Government Code Section 65915(g)(3).

4.

A five percent density bonus, increasing by an additional one percent for each additional one percent increase in moderate-income units above the initial ten percent threshold, per Section 17.24.040 A3, above.

5.

A twenty percent density bonus for foster youth, disabled veterans or homeless persons, above the initial ten percent threshold, per Section 17.24.040 A7, above.

6.

A thirty-five percent density bonus for college students above the initial twenty percent threshold, per Section 17.24.040 A8 above.

7.

A maximum of a twenty-five percent density bonus for a condominium conversion project meeting the affordability levels noted in Section 17.24.040 A9 above.

8.

When an applicant proposes to construct a housing development that is eligible for a density bonus under Section 17.24.040 A, and includes a childcare facility that will be located on the premises of, or adjacent to, the housing development, the city shall grant either:

a.

An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the square footage of the childcare facility; or

b.

An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the childcare facility.

9.

Maximum density bonus. The maximum density bonus authorized by this section, Section 17.24.040 A, and Section 17.24.040 B, collectively, is fifty percent when a project provides either fifteen percent very lowincome units, twenty-four percent low-income units, or forty-four percent moderate-income units. The maximum density bonus for a project that is one hundred percent affordable (exclusive of a manager's unit or units) is eighty percent where the units are restricted to very low-, low-, and moderate-income units (with a maximum of twenty percent moderate units). All density bonus calculations resulting in fractional units shall be rounded up to the next whole number of housing units.

D.

Developer Incentives.

1.

Restrictions. When an applicant seeks a density bonus as prescribed by Government Code Section 65915, the city will grant the number of developer incentives as required by Section 17.24.040 D2, below, unless it makes any of the following findings:

a.

The developer incentives are not required in order to provide affordable housing, as defined in Section 50052.3 of the Health and Safety Code, or for rents for the targeted units to be set as specified in Government Code Section 65915(c).

b.

The developer incentives would have a specific adverse impact, as defined in paragraph (2) of Subdivision (d) of Section 65589.5, upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households.

c.

The developer incentives would be contrary to state or federal law.

2.

Number of Developer Incentives. A developer eligible to receive a density bonus shall receive the following number of concessions or incentives, in addition to a density bonus:

a.

One concession or incentive for projects that provide either ten percent of the units affordable to lowincome households, five percent of the units affordable to very low-income households, ten percent of the units affordable to moderate-income households, or childcare facilities.

b.

Two concessions or incentives for projects that provide either seventeen percent of the units affordable to low-income households, at least ten percent of the units affordable to very low-income households, or twenty percent of the units affordable to moderate-income households.

c.

Three concessions or incentives for projects that provide either twenty-four percent of the units affordable to low-income households, at least fifteen percent of the units affordable to very low-income households, or thirty percent of the units affordable to moderate-income households.

d.

Four incentives—Projects with one hundred percent very-low, low-, and moderate-income households, exclusive of a manager's unit or units. Up to a twenty percent maximum of the total units in the development, including total units and density bonus units, may be for moderate income households.

3.

Parking. Upon request of a developer eligible to receive a density bonus, the city shall grant the following parking standards, inclusive of handicapped and guest parking, for the entire project as required by Government Code Section 65915(p)(1):

a.

Zero to one-bedroom units—One on-site parking space per unit;

b.

Two or three-bedroom units—One and one-half on-site parking spaces per unit; and

c.

Four-bedroom units—Two and one-half parking spaces per unit

4.

Developer Incentives Defined. For the purposes of this section, concession or incentive means any of the following:

a.

Reduced site development standards or modified zoning code or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code,

including, but not limited to, a reduction in setback and square footage requirements and the ratio of vehicular parking spaces that would otherwise be required that results in identifiable, financially sufficient, and actual cost reductions.

b.

Approval of mixed-use zoning if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project.

c.

A density bonus greater than the amount required by this section.

d.

Deferred or waived planning, plan check, construction permit, and/or development impact fees, in accordance with any fee deferral and waiver process and policies adopted by the city.

e.

Direct financial aid in the form of a loan or grant to subsidize off-site improvements, land or construction costs.

f.

Other regulatory developer incentives proposed by the developer or the city that result in identifiable, financially sufficient, and actual cost reductions.

5.

Waivers and Modifications of Development Standards.

a.

Proposal. In accordance with Government Code Section 65915(e), an applicant may propose a waiver or modification of development standards if they would physically preclude the construction of a development meeting the criteria for applicability, at the densities or with the developer incentives permitted by this section. A proposal for the waiver or reduction of development standards pursuant to this subdivision shall neither reduce nor increase the number of developer incentives to which the applicant is entitled pursuant to Section 17.24.040 D, above.

b.

Grounds for Denial. In accordance with Government Code Section 65915(e), the city council, or the coastal commission on appeal, may deny an applicant's request to waive or modify the city's development standards in any of the following circumstances:

i.

The application does not conform with the requirements of this section, Government Code Sections 65915 —65918, or Coastal Act Section 30604(f).

ii.

The applicant fails to demonstrate that the city's development standards physically preclude the utilization of a density bonus on a specific site.

iii.

The waiver or reduction would have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2), upon health, safety, or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

iv.

The waiver or reduction would have an adverse impact on any real property that is listed in the California Register of Historical Resources.

v.

The waiver or reduction would be contrary to state or federal law.

vi.

If in the coastal zone, the project is found to be inconsistent with the local coastal program (including but not limited to sensitive habitat, agriculture, public view shed, public services, public recreational access and open space protections), with the exception of the density bonus.

E.

Application Requirements and Evaluation.

1.

All Applications. All applications for a density bonus, developer incentive, or waiver or modification of development standards must include the following information:

a.

The total number of base units and affordable housing units;

b.

The specific developer incentive(s) sought, if any, and documentation regarding the necessity of the incentive in order to provide affordable housing costs or rents; and

c.

The specific waiver or modification to development standard(s), if any, and documentation regarding the necessity of the waver or modification, including documentation demonstrating that the city's development

standards physically preclude the utilization of a density bonus.

2.

Land Donations. If requesting a density bonus based on land donation in accordance with Government Code Section 65915(g), in addition to the above listed information, the application must:

a.

Demonstrate the developable acreage and zoning classification is compliant with eligibility criteria of Section 17.24.030 A, and that the site is, or will be served by adequate public facilities and infrastructure;

b.

Verify that all permits and approvals, other than building permits, necessary for the development of the very low-income housing units have been secured prior to the date of approval of the final subdivision map, parcel map, or other development permits;

c.

Verify that the developer can donate and transfer land no later than the date of approval of the final subdivision map, parcel map, or residential development application; and

d.

The land will be transferred to the city or to a housing developer approved by the city. The city may require the developer to identify and transfer the land to the affordable housing developer.

3.

Childcare Facilities. If requesting a density bonus based on the provision of a child day care facility in accordance with Government Code Section 65915(h), in addition to the above listed information, the application must:

a.

Provide the location of the proposed child day care facility and the proposed operator;

b.

Agree to operate the child day care facility for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable;

c.

Agree to have contracted with a child day care facility operator for operation of the child day care facility before the first building permit is issued;

d.

Agree that the child day care facility will be in operation when the first certificate of occupancy is issued; and

e.

Of the children who attend the childcare facility, the children of very low-income households, low-income households and moderate-income households shall equal a percentage that is equal to or greater than the percentage of affordable units in the housing development that are required for very low-, low- or moderate-income households.

The city shall not be required to provide a density bonus or concession or incentive for a childcare facility if it finds, based upon substantial evidence, that the community has adequate childcare facilities.

(Ord. No. 662, § 2, 12-13-23)

17.24.050 - Assurance of continued availability.

A.

Term of Availability. Where affordable housing units have been provided per the requirements of Section 17.24.020, Inclusionary Housing Requirements, or where a density bonus, incentives, or waivers of development standards has been made pursuant to this chapter, the developer shall assure both of the following:

1.

Continued availability of affordable rental units for a minimum of fifty-five years and for-sale, owneroccupied units for a minimum of forty-five years.

2.

Project phasing, including timing of completion, and rental or sale of affordable housing units shall occur concurrently with non-restricted units.

B.

Long Term Affordability. A developer of affordable units shall enter into an affordable housing agreement with the city prior to the recordation of the final map, or the issuance of a grading permit or a building permit where approval of a map is not requested. The agreement shall be recorded against the parcel(s) designated for construction of the affordable units. The agreement shall run with the land and shall be binding upon the successor(s) in interest. At a minimum, the agreement shall include:

1.

Total number and size of affordable units.

2.

Maximum qualifying household incomes for the affordable units.

Standards for calculating affordable rents or affordable sales prices.

4.

Enforcement mechanisms, including annual reporting and monitoring to ensure affordable units are continuously occupied by eligible households and remedies for breach of the agreement.

5.

Affordability term.

(Ord. No. 662, § 2, 12-13-23)

The provisions of this chapter are intended to comply with Government Code Section 65915 and related state laws. In the event that any provision of this chapter conflicts with Government Code Section 65915 or any related state laws, the state law shall apply.

(Ord. No. 662, § 2, 12-13-23)

Chapter 17.25 - LANDSCAPING

Sections:

The purposes of the landscaping regulations are to:

A.

Improve the appearance of the community by requiring permanently maintained landscaping;

B.

Enhance the appearance of development and minimize or eliminate conflicts between potentially incompatible uses through landscaping;

C.

Aid in energy conservation by providing shade from the sun and shelter from the wind;

D.

Provide areas on site to absorb rainfall and assist in reducing storm water runoff;

E.

Assist in erosion control;

F.

Promote conservation and efficient use of water; and

G.

Implement the Water Conservation in Landscaping Act.

(Ord. No. 662, § 2, 12-13-23)

17.25.020 - Applicability.

The provisions of this chapter shall apply to the following:

A.

All new development.

B.

Additions to multi-unit and non-residential development that expand existing floor area by ten percent or more.

C.

All new and rehabilitated landscaping projects that include new irrigated landscaping over five hundred square feet.

D.

Exceptions. The provisions of this chapter do not apply to the following:

1.

Farming, agriculture, and crop production including vegetable gardens, vineyards, and small orchards.

2.

Public recreational areas (designated for active play, recreation or public assembly).

3.

Registered local, state, or federal historical sites.

4.

Habitat restoration projects that do not require a permanent irrigation system.

5.

Mined-land reclamation projects that do not require a permanent irrigation system.

Existing plant collections, as part of botanical gardens and arboretums open to the public.

E.

Coastal Resource Protection (CRP) Overlay District. In the CRP overlay district, the provisions of Chapter 17.14, Coastal Resource Protection (CRP) Overlay District, apply in addition to the provisions of this chapter.

(Ord. No. 662, § 2, 12-13-23)

In addition to areas required to be landscaped pursuant to other sections of this title, the following areas shall be landscaped, and may count toward the total area of a site required to be landscaped.

A.

Required Front and Corner Side Setbacks. In all zoning district, all required front and corner side setbacks, except for areas used for exit and entry, shall be landscaped. Hardscaping, including all paved areas and other areas covered in permeable or impermeable hard surfaces shall be limited to fifty percent of the required front and corner side setbacks.

==> picture [361 x 228] intentionally omitted <==

FIGURE 17.25.030(A): AREAS TO BE LANDSCAPED, REQUIRED FRONT AND CORNER SIDE SETBACKS

B.

Interior Property Lines Abutting Residential Districts. Whenever a non-residential use is located adjacent to a residential district, a six foot wide landscape buffer planted with a mix of trees and shrubs shall be provided along interior property lines. A minimum of one tree of at least fifteen-gallon size shall be planted per twenty linear feet or as appropriate to create a tree canopy over the buffer yard. In addition, at least three shrubs shall be planted per twenty linear feet.

==> picture [361 x 126] intentionally omitted <==

FIGURE 17.25.030(B): AREAS TO BE LANDSCAPED INTERIOR PROPERTY LINES ABUTTING RESIDENTIAL DISTRICTS

C.

Building Perimeters. The portions of a non-residential building that front a public street shall have one or more landscape planters installed along a minimum twenty percent of that building face. The minimum width of the planter shall be three feet. This standard does not apply where a building is located on the front or corner side property line.

==> picture [360 x 176] intentionally omitted <==

FIGURE 17.25.030(C): AREAS TO BE LANDSCAPED, BUILDING PERIMETERS

D.

Parking Areas. Parking areas as required by Chapter 17.27, Parking and Loading.

E.

Unused Areas. All areas of a project site not intended for a specific use, including areas planned for future phases of a phased development, shall be landscaped, hydroseeded, or left in a natural state.

(Ord. No. 662, § 2, 12-13-23)

A landscape plan showing compliance with the standards of this chapter shall be submitted with the permit application for all projects for which landscaping is required.

A.

Proposed plant locations, species, sizes, and plant factor. Plants with similar water needs shall be grouped together on the landscape plan. The plant factor, established in the California Department of Water Resources study, water use classification of landscape species (WUCOLS), shall be identified for all landscaped areas on a site. All water features shall be identified as high water use, and temporarily irrigated areas shall be identified as low water use.

B.

Location of any existing tree over six inches in diameter or over two inches in diameter for oak trees, as measured at 48 inches above natural grade, and whether each such tree is proposed for retention or removal.

C.

Details and location of proposed fencing, entries, refuse collectors and free-standing or monument signs.

D.

Walkways, plazas and sitting areas, play areas, street furniture and other existing or proposed permanent outdoor equipment or decorative landscape features, if any.

E.

Outdoor light fixtures, including their location, height, intensity, and type.

F.

Proposed method and location of irrigation.

G.

Interim landscaping for future phases where deemed necessary by the city.

H.

Alternative Landscape Plan. An applicant may demonstrate that the intent of the landscape requirements of this chapter can be achieved through an alternative landscape plan. The alternative landscape plan shall be prepared in accordance with the purposes set forth in this chapter and the criteria of this section and shall clearly detail the modifications being requested from the provision of this section and how they reflect the evaluation criteria listed below.

1.

Innovative use of plant materials and design techniques in response to unique characteristics of the site or the proposed use.

2.

Preservation or incorporation of existing native vegetation.

3.

Incorporation of naturalistic design principles, such as variations in topography, meandering or curvilinear plantings, and grouping of dominant plant materials (trees, large shrubs) in a manner consistent with existing native vegetation.

4.

Integration of landscaping and pedestrian facilities in a manner that improves access or incorporates pedestrian-friendly design, this may include reduced ground-level planting along the front setback if canopy shade trees along sidewalks are provided.

5.

Use of additional shade trees to create a greater canopy effect.

6.

A greater degree of compatibility with surrounding uses than a standard landscape plan would offer.

I.

Preparation by Qualified Person. Landscaping for commercial projects, industrial projects, institutional projects, and residential projects consisting of more than twelve units shall be prepared by a California registered landscape architect.

(Ord. No. 662, § 2, 12-13-23)

17.25.050 - General requirements.

A.

Materials.

1.

General.

a.

Required landscaped areas shall be planted with a combination of ground covers, shrubs, vines, and trees.

b.

Landscaping may include decorative materials such as brick, bark, timber, decorative rock, structural features, or other decorative features, provided they do not cover more than fifty percent of the area required to be landscaped.

c.

Garden areas and other areas dedicated to edible plants are considered landscaped areas and count toward required landscaping.

2.

Required Water Efficient Plants. One of the following options of types of plants shall be chosen to ensure that the landscape project meets water efficiency requirements.

a.

Option A: All Low Water Plants. Exclusive of garden areas, all plants and trees shall be low or very low water use (average California Department of Water Resources study, water use classification of landscape species (WUCOLS) plant factor of three-tenths). Option A is available for all residential and non-residential areas.

b.

Option B: Primarily Low Water Plants. Exclusive of garden areas, at least eighty-five percent of the landscape area shall contain low or very low water use plants (average WUCOLS plant factor of threetenths). Option B is only available for residential areas.

c.

Option C: Water Use Calculation. The estimated total water use (ETWU) of the landscaping shall not exceed the maximum applied water allowance (MAWA), calculated pursuant to the State Model Water Efficient Landscape Ordinance (MWELO). Option C is available for all residential and non-residential areas.

i.

Department of Water Resources Model Water Efficient Landscape Ordinance Compliance Required. Where option C is selected, all requirements of the Department of Water Resources Model Water Efficient Landscape Ordinance shall apply.

3.

Size and Spacing. Plant materials shall be grouped in hydrozones in accordance with their respective water, cultural (soil, climate, sun and light), and maintenance needs. Plants shall be of the following size and spacing at the time of installation:

a.

Ground Covers. Ground cover plants other than grasses shall be at least the four-inch pot size. Areas planted in ground cover plants other than grass seed or sod must be planted at a rate of one per twelve inches on center.

b.

Shrubs. Shrubs shall be a minimum size of one gallon. When planted to serve as a hedge or screen, shrubs shall be planted with two to four feet of spacing, depending on the plant species.

c.

Trees. Trees shall be a minimum fifteen-gallon size.

i.

Tree trunks shall be placed at least five feet from utilities.

ii.

Tree trunks shall be placed at least fifteen feet from light poles.

4.

Turf. Turf is subject to the following limitations.

a.

No more than twenty-five percent of the landscaped area may be turf.

b.

The installation of turf on slopes greater than twenty-five percent is prohibited.

c.

Turf is prohibited in locations that are less than ten feet wide.

5.

Invasive Plants Prohibited. Plant species that are listed by CAL-IPC as invasive are prohibited. Existing invasive plants and noxious weeds shall be removed.

6.

Mulch. A minimum three-inch layer of mulch shal.l be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated.

7.

Compost. Compost at a rate of at least four cubic yards per one thousand square feet to a depth of six inches into landscape area (unless contra-indicated by a soil test) shall be incorporated.

B.

Water Features. Recirculating water shall be used for all decorative water features.

C.

Dimension of Landscaped Areas. No landscaped area smaller than three feet in any horizontal dimension shall count toward required landscaping.

D.

Prescribed Heights. The prescribed heights of landscaping shall indicate the height to be attained within three years after planting.

E.

Intersection and Driveway Visibility. All landscaping shall comply with Section 17.23.180, Visibility at Intersections.

F.

Maintenance. All planting and other landscape elements shall be maintained in good growing condition. Such maintenance shall include, where appropriate, pruning, mowing, weeding, cleaning, fertilizing, and regular watering. Wherever necessary, plantings shall be replaced with other plant materials to ensure continued compliance with applicable landscaping requirements.

(Ord. No. 662, § 2, 12-13-23)

An irrigation system shall be installed that meets the following standards.

A.

General Requirements.

1.

All irrigation equipment must meet American National Standards Institute (ANSI), American Society of Agricultural and Biological Engineers/International Code Council (ASABE/ICC) 802-2014. "Landscape Irrigation Sprinkler and Emitter Standard."

2.

The following areas shall be irrigated with subsurface irrigation or other means that produces no runoff or overspray.

a.

Slopes exceeding twenty-five percent.

b.

Areas less than ten feet wide in any direction.

3.

The irrigation system shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions where irrigation water flows onto non-targeted areas such as adjacent property or hardscapes.

a.

Irrigation systems shall be designed for zero run-off onto paved surfaces unless that surface drains to another landscape area.

b.

Spray irrigation must be placed two-feet away from impervious surfaces unless that surface drains to another landscape area.

c.

Proper irrigation equipment and schedules, including features such as repeated cycles, shall be used to closely match application rates to infiltration rates therefore minimizing runoff.

d.

Slopes greater than twenty-five percent shall not be irrigated with an irrigation system with an application rate exceeding 0.75 inches per hour, and check valves shall be utilized.

B.

Sprinkler Heads. Where used, sprinkler heads shall be selected for proper area coverage, application rate, operating pressure, adjustment capability, and ease of maintenance.

1.

All sprinkler heads installed in the landscape must document a distribution uniformity low quarter of sixtyfive hundredths or higher using the protocol defined in ASABE/ICC 802-2014.

2.

Sprinkler heads and other emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer's recommendations.

C.

Water Meters. A dedicated meter for irrigation is required for non-residential projects with landscape areas of one thousand square feet or more.

D.

Pressure Regulating Equipment. Pressure regulating valves or assemblies shall be installed to ensure that the dynamic pressure at each emission device is within the manufacturer's recommended pressure range for optimal performance.

E.

Flow Sensors. Flow sensors are required to detect high flow conditions created by system damage on all non-residential projects one thousand square feet and greater and residential projects five thousand square feet and greater.

F.

Controllers. Automatic control systems shall be required for all irrigation systems and must be able to accommodate all aspects of the design.

1.

Automatic irrigation controllers shall utilize either evapotranspiration or soil moisture sensor data, or rain sensing override devices.

2.

Irrigation controllers shall be of a type which does not lose programming data in the event the primary power source is interrupted.

G.

Control Valves. Plants which require different amounts of water should be irrigated by separate valves.

H.

Check Valves. Where required on steep slopes, check valves shall be installed to prevent low-head drainage.

I.

Valve Location. Locate valves as close as possible to the point of connection of the water supply, and place where needed to minimize water loss in case of an emergency (such as a main line break) or routine repair.

(Ord. No. 662, § 2, 12-13-23)

17.25.070 - Installation and completion.

A.

Consistency with Approved Plans. All landscaping shall be installed consistent with approved plans and specifications, in a manner designed to promote and maintain healthy plant growth.

B.

Timing of Installation. Required landscaping shall be installed prior to the issuance of a certificate of occupancy for the project.

C.

Exception—Assurance of Landscaping Completion. The director may permit the required landscaping to be installed within one hundred twenty days after the issuance of a certificate of occupancy in special circumstances related to weather conditions or plant availability. A surety in the amount equal to one hundred fifty percent of the estimated cost of landscaping, including materials and labor, as well as an agreement that the required landscaping will be installed within one hundred twenty days, must be filed with the city to assure completion of landscaping installation within such time. The surety may take the

form of cash deposit, irrevocable letter of credit or bond; and together with the agreement, would provide for payment to the city of any costs incurred in contracting for completion of the required landscaping.

D.

Certification of Completion. Upon completion of the installation of the landscaping and irrigation system, a field observation shall be completed by the licensed project contractor. A certificate of completion shall be submitted to the city by the licensed project contractor. The certificate shall specifically indicate that the plants were installed as specified and that the irrigation system was installed as designed, along with a list of any deficiencies.

1.

Where Required Water Efficient Plant Option C. Water use calculation, was installed, the applicant shall submit a certificate of completion pursuant to the department of water resources model water efficient landscape ordinance.

(Ord. No. 662, § 2, 12-13-23)