Chapter 17.26 — NONCONFORMING USES, STRUCTURES, AND LOTS (IP)

This chapter is intended to permit continuation of uses and continued occupancy and maintenance of structures that were legally established but do not comply with all of the standards and requirements of this title in a manner that does not conflict with the general plan or local coastal program. To that end, this chapter establishes the circumstances under which a nonconforming use or structure may be continued or changed and provides for the removal of nonconforming uses and structures when their continuation conflicts with the general plan, local coastal program, and public health, safety, and general welfare. In case of any conflict between this chapter and the provisions governing "redevelopment," including on coastal bluffs and beaches for coastal hazards and shoreline armoring purposes, those redevelopment provisions shall apply.

(Ord. No. 662, § 2, 12-13-23)

The provisions of this chapter apply to structures, land, and uses that have become nonconforming by adoption of this title as well as structures, land, and uses that become nonconforming due to subsequent amendments to its text or to the zoning map.

(Ord. No. 662, § 2, 12-13-23)

A.

Nonconformities, Generally. Any lawfully established use, structure, or lot that is in existence on the effective date of this title or any subsequent amendment but does not comply with all of the standards and requirements of this title shall be considered nonconforming.

B.

Right to Continue. Any use or structure that was lawfully established prior to the effective date of this title or of any subsequent amendments to its text or to the zoning map may only be continued and maintained provided there is no alteration, enlargement, addition, or other change to any building or structure; no substitution, expansion, or other change including an increase in occupant load or any enlargement of the area, space, or volume occupied by or devoted to such use, except as otherwise provided in this chapter.

1.

The right to continue a nonconforming use or structure shall attach to the land and shall not be affected by a change in ownership.

2.

The right to continue a nonconforming use or structure shall not apply to uses or structures deemed to be a public nuisance because of health or safety conditions.

3.

The right to continue a nonconforming use or structure shall not apply if the nonconforming use has been abandoned or vacated as described in Section 17.26.070, Abandonment of Nonconforming Uses.

C.

Removal of Nonconforming Structures Valued Under Two Thousand Five Hundred. Any structure which does not conform to the regulations of the district in which it is located and which has an assessed valuation of two thousand five hundred or less at the time it became nonconforming, shall be removed, or altered or reconstructed to be structurally conforming, within five years from the time the structure became nonconforming. The building inspector shall cause notice to be given to the owners of any such structure at least one year prior to the time removal or alteration is required, and removal or alteration is not required to be completed until such one-year period has lapsed.

(Ord. No. 662, § 2, 12-13-23)

Lawful nonconforming structures may be continued and maintained in compliance with the requirements of this section unless deemed by the building official to be a public nuisance because of health or safety conditions.

A.

Maintenance and Repairs. Nonstructural maintenance, repair, and interior alterations to a nonconforming structure are permitted if the changes and improvements do not enlarge the structure, change the building

footprint, or increase building height or roof pitch.

B.

Structural Repairs. Structural repairs that do not enlarge or extend the structure, including modification or repair of building walls, columns, beams, or girders repairs may be permitted only when the building division determines that such modification or repair is immediately necessary to protect public health and safety, occupants of the nonconforming structure, or occupants of adjacent property, and when the cost of such work does not exceed fifty percent of the appraised value of the nonconforming structure.

C.

Alterations and Additions. Alterations and additions to nonconforming structures are allowed if the alteration or addition complies with all applicable laws and requirements of this title, the use of the property is conforming, and there is no increase in the discrepancy between existing conditions and the requirements of this title (i.e. there is no increase in the nonconformity), except as provided below.

1.

Nonconforming Setbacks, Residential Districts. In residential districts, a nonconforming interior side or rear yard may be maintained and extended, and shall not be considered an increase in the discrepancy, provided that:

a.

All new development is located a minimum of three feet from the property line.

b.

A new encroachment into any other required yard is not created;

c.

The height of the portion of the structure that is within the required setback is not increased; and

d.

Any residential additions above the first floor shall conform to the setbacks in effect at the time the application for the addition is submitted.

D.

Nonconforming Signs. Lawfully established signs that do not conform to the requirements of this title may only be maintained in compliance with the requirements of Chapter 17.29, Signs.

(Ord. No. 662, § 2, 12-13-23)

A nonconforming structure that is damaged or partially destroyed by fire, explosion, earthquake, or natural disaster which is not caused by an act or deliberate omission of a property owner, their agent, or person

acting on their behalf or in concert with, may be restored or rebuilt subject to the following provisions.

A.

Restoration When Damage is Fifty Percent or Less of Value. If the cost of repair or reconstruction is less than or equal to fifty percent of its replacement cost immediately prior to such damage, replacement of the damaged portions of the structure is allowed by right provided that the replaced portions are the same size, extent, and configuration as previously existed.

B.

Restoration When Damage Exceeds Fifty Percent of Value. If the cost of repair or reconstruction exceeds fifty percent of its replacement cost immediately prior to such damage, the land and building shall be subject to all of the requirements of this title, except as provided below.

1.

Non-residential Uses and Structures. Any nonconforming use must permanently cease. The structure may be restored and used only in compliance with the requirements of this title.

2.

Residential Uses and Structures.

a.

Residential Uses, Three Units or Less. Nonconforming residential use of three or less units may be reconstructed, restored, or rebuilt up to the size and number of dwelling units prior to the damage and the nonconforming use, if any, may be resumed provided the rebuilt development complies with all current design and property development standards.

i.

Timing. Building permits must be obtained within one year of the date of the damage or destruction and construction shall be diligently pursued to completion unless another time period is specified through conditional use permit approval.

b.

Other Residential Uses. Any nonconforming use must permanently cease. The structure may be restored and used only in compliance with the requirements of this title.

(Ord. No. 662, § 2, 12-13-23)

Nonconforming uses shall not be expanded, moved, or changed except as provided below.

A.

Expansion. Nonconforming uses may only be expanded with planning commission approval where the planning commission makes the following findings.

1.

Required Findings.

a.

The nonconforming use was legally established;

b.

The proposed expansion of the nonconforming use would not be detrimental to public health, safety, or general welfare; and

c.

With the exception of the nonconforming use, the proposed expansion would not be inconsistent with the general plan and land use plan and would not preclude or interfere with implementation of any applicable city specific plan.

2.

Conditions. When making its decision on an application for an expansion of a nonconforming use, the planning commission may establish conditions that are necessary to accomplish the purposes of this chapter, including, but not limited to:

a.

Required improvement of, or modifications to existing improvements on, the property;

b.

Limitations on hours of operations;

c.

Limitations on the nature of operations; and

d.

A specified term of years for which the expanded nonconforming use shall be allowed.

B.

Change in Tenancy, Ownership, or Management. Any nonconforming use may change ownership, tenancy, or management where the new use is of the same use classification as the previous use, as defined in Chapter 17.53, Use Classifications.

C.

Change from Nonconforming to Permitted Use. Any nonconforming use may be changed to a use that is allowed by right in the district in which it is located and complies with all applicable standards for such use.

D.

Absence of Permit. Any use that is nonconforming solely by reason of the absence of a permit or approval may be changed to a conforming use by obtaining the appropriate permit or approval.

E.

Substitution of a Nonconforming Use with Another Nonconforming Use. The planning commission may allow substitution of a nonconforming use with another nonconforming use, subject to approval of a conditional use permit. In addition to any other findings required by this title, the planning commission must find that the proposed new use will be no less compatible with the purposes of the district and surrounding uses that comply with the requirements of this title than the nonconforming use it replaces.

1.

Amortization of Substituted Nonconforming Use. In granting a conditional use permit to allow a nonconforming use to be replaced with another nonconforming use, the planning commission may establish an amortization schedule for the nonconforming use by setting a date after which the nonconforming use must be discontinued or replaced with a conforming use.

(Ord. No. 662, § 2, 12-13-23)

No nonconforming use may be resumed, reestablished, reopened or replaced by any other nonconforming use after it has been abandoned or vacated for a period of six months. The six-month period shall commence when the use ceases and any one of the following occurs:

A.

The site is vacated;

B.

The business license lapses;

C.

Utilities are terminated; or

D.

The lease is terminated.

(Ord. No. 662, § 2, 12-13-23)

Chapter 17.27 - PARKING AND LOADING (IP)

Sections:

The purposes of the parking and loading regulations are to:

A.

Ensure that adequate off-street parking and loading facilities are provided for new land uses and major alterations to existing uses;

B.

Minimize the negative environmental and urban design impacts that can result from parking lots, driveways, and drive aisles within parking lots;

C.

Ensure that adequate off-street bicycle parking facilities are provided and promote parking lot designs that offer safe and attractive pedestrian routes;

D.

Establish standards and regulations for safe and well-designed parking, unloading, and vehicle circulation areas that minimize conflicts between pedestrian and vehicles within parking lots and, where appropriate, create buffers from surrounding land uses; and

E.

Offer flexible means of minimizing the amount of area devoted to parking by allowing reductions in the number of required spaces in transit-served locations, shared parking facilities, and other situations expected to have lower vehicle parking demand.

(Ord. No. 662, § 2, 12-13-23)

The requirements of this chapter apply to the establishment, alteration, expansion, or change in any use or structure, as provided in this section.

A.

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. In any case of conflict, the provisions more restrictive and protective of coastal resources shall apply.

B.

New Buildings and Land Uses. Parking and loading in accordance with this chapter shall be provided at the time any main building or structure is erected or any new land use is established.

C.

Reconstruction, Expansion, and Change in Use of Existing Non-Residential Buildings.

1.

When a change in use, expansion of a use, or expansion of floor area creates an increase in the number of required parking or loading spaces, additional parking and loading shall be provided for such addition, enlargement, or change in use and not for the entire building or site.

a.

Exception, Commercial Uses. Additional parking and loading spaces are not required for the change of use from one commercial use to another commercial use.

2.

The existing parking and loading shall be maintained.

3.

If the number of existing parking or loading spaces is greater than the requirements for such use, the

number of spaces in excess of the prescribed minimum may be counted toward meeting the parking and loading requirements for the addition, enlargement, or change in use.

4.

A change in occupancy is not considered a change in use unless the new occupant is in a different use classification than the former occupant.

5.

Additional parking and loading spaces are not required for the reconstruction of an existing building when there is no increase in floor area.

D.

Alterations that Increase the Number of Dwelling Units. The creation of additional dwelling units through the alteration of an existing building or construction of an additional structure or structures requires parking to serve the new dwelling units. This requirement does not apply when sufficient parking exists to provide the number of spaces required for the existing and new dwelling units.

E.

When Constructed. Parking and loading facilities required by this chapter shall be constructed or installed prior to the issuance of a certificate of occupancy for the uses that they serve.

(Ord. No. 662, § 2, 12-13-23)

17.27.030 - General provisions.

A.

Existing Parking and Loading to be Maintained. No existing parking and/or loading serving any use may be reduced in amount or changed in design, location or maintenance below the requirements for such use, unless equivalent substitute facilities are provided, except as provided below.

1.

Electrical Vehicle Charging Station. If an electric vehicle charging station and any associated equipment interfere with, reduce, eliminate, or in any way impact the required parking spaces for existing uses, the city shall reduce the number of required parking spaces for the existing uses by the amount necessary to accommodate the electric vehicle charging station and any associated equipment.

B.

Nonconforming Parking or Loading. An existing use of land or structure shall not be deemed to be nonconforming solely because of a lack of parking and/or loading facilities required by this chapter, provided that facilities used for parking and/or loading as of the date of adoption of this code are not reduced in number to less than what this chapter requires.

C.

Accessibility. Parking and loading areas must be accessible for its intended purpose during all hours of operation.

D.

Stacked Parking. Stacked or valet parking is allowed if an attendant is present or an automated system is in place to move vehicles. If stacked parking managed by an attendant is used for required parking spaces, an acceptable form of guarantee must be filed with the director ensuring that an attendant will be present while the lot is in operation.

(Ord. No. 662, § 2, 12-13-23)

17.27.040 - Required parking spaces.

A.

Minimum Number of Spaces Required.

1.

Waterfront District. The parking requirements in Table 17.27.040 are required but may be satisfied on-site, off-site, or via in lieu fee (see land use plan policies CIR-4.1 and CIR-4.3).

2.

Other Districts. In districts other than the waterfront district, each land use shall be provided at least the number of parking spaces stated in Table 17.27.040, Required Number of Parking Spaces. The parking requirement for any use not listed in Table 17.27.040 shall be determined by the director based upon the requirements for the most similar comparable use, the particular characteristics of the proposed use, and any other relevant data regarding parking demand.

TABLE 17.27.040: REQUIRED NUMBER OF PARKING SPACES

B.

Calculation of Required Spaces. The number of required parking spaces shall be calculated according to the following rules:

1.

Floor Area. Where a parking or loading requirement is stated as a ratio of parking spaces to floor area, the floor area is assumed to be total floor area, unless otherwise stated. See Section 17.02.030 F, Determining Floor Area.

Employees. Where a parking or loading requirement is stated as a ratio of parking spaces to employees, the number of employees shall be based on the largest shift that occurs in a typical week.

3.

Bedrooms. Where a parking requirement is stated as a ratio of parking spaces to bedrooms, any rooms having the potential of being a bedroom and meeting the standards of the building code as a sleeping room shall be counted as a bedroom.

4.

Students. Where a parking or loading requirement is stated as a ratio of parking spaces to students (including children in day care), the number is assumed to be the number of students at the state-certified capacity or at building code occupancy where no state-certification is required.

5.

Seats. Where parking requirements are stated as a ratio of parking spaces to seats, each eighty inches of bench-type seating at maximum seating capacity is counted as one seat.

C.

Sites with Multiple Uses. If more than one use is located on a site, the number of required parking spaces and loading spaces shall be equal to the sum of the requirements calculated separately for each use unless a reduction is approved pursuant to Section 17.27.050, Parking Reductions.

(Ord. No. 662, § 2, 12-13-23)

The number of parking spaces required by Section 17.27.040, Required Parking Spaces, may be reduced as follows.

A.

Transit Accessibility. For any land use except residential single-unit and two-unit development, if any portion of the lot is located within one-quarter mile of a transit stop with regular, scheduled service during the weekday hours of seven a.m. to nine a.m. and five p.m. and seven p.m., the number of required parking spaces is reduced by twenty percent of the normally required number of spaces. In addition, parking may be reduced in accordance with AB 2097. In all cases, such reduction shall not adversely impact public coastal access, and any such impact shall be appropriately mitigated.

B.

Proximate Public Parking Facilities. Where a use is located within one thousand two hundred feet of a cityowned public parking facility, measured along a pedestrian route, the number of required parking spaces may be waived all or in part with approval of a minor use permit.

C.

Motorcycle Parking. Motorcycle parking may substitute for up to five percent of required automobile parking. Each motorcycle space must be at least four feet wide and seven feet deep.

D.

Carsharing Programs. Required automobile parking spaces may be substituted with designated carshare vehicle parking spaces, pursuant to the following:

1.

Up to a maximum of twenty percent of the required automobile parking spaces may be designated as carshare vehicle parking spaces.

2.

Carshare vehicles shall be maintained for active use by carshare service and not for other purposes. No sales, servicing, storage, repair, administrative or similar functions shall occur and no personnel shall be employed on the site except for occasional short-term maintenance of vehicles unless otherwise permitted by the land use regulations in the zoning district.

3.

Carshare vehicles shall be made available to members of the carsharing service through an unattended, self-service operation twenty-four hours a day, seven days a week.

4.

All owners of a lot, including any applicable homeowner's associations, shall be required to grant permission for the operation or parking of a carshare vehicle on their property.

E.

Shared Parking. Where a shared parking facility serving more than one use will be provided, the total number of required parking spaces may be reduced up to fifty percent with approval of a minor use permit, if the review authority finds that:

1.

The peak hours of use will not overlap or coincide to the degree that peak demand for parking spaces from all uses will be greater than the total supply of spaces;

2.

The proposed number of parking spaces to be provided will be adequate to serve each use; and

3.

In the case of a shared parking facility that serves more than one property, a parking agreement has been prepared consistent with the provisions of Section 17.27.070 B.1, Allowance for Off-Site Parking.

F.

Embarcadero District. For development located on those city managed lease sites covered by the waterfront master plan (and located within the area identified in the -WMP zoning overlay), parking requirements may be deemed satisfied and reductions may be allowed based on the calculation of the parking requirements for the previously permitted uses on the lease site. City lease sites may utilize the existing parking requirement as evidence of satisfying the newly proposed use's determined parking requirements, unless additional parking is otherwise required, in which case only that additional parking must be satisfied. In all cases, approval of parking reduction shall be consistent with provisions of Section 17.27.050 G and consistent with the LCP coastal land use plan.

G.

Other Parking Reductions. Required parking for any use may be reduced through approval of a minor use permit as follows.

1.

Criteria for Approval. The review authority may only approve a minor use permit for reduced parking if it finds that:

a.

Special conditions—including, but not limited to, the nature of the proposed operation; proximity to frequent transit service; transportation characteristics of persons residing, working, or visiting the site; or because the applicant has undertaken a transportation demand management program—exist that will reduce parking demand at the site;

b.

The use will adequately be served by the proposed parking; and

c.

Parking demand generated by the project will not exceed the capacity of or have a significant impact on the supply of on-street parking in the surrounding area.

2.

Parking Demand Study. In order to evaluate a proposed project's compliance with the above criteria, submittal of a parking demand study that substantiates the basis for granting a reduced number of spaces may be required.

(Ord. No. 662, § 2, 12-13-23)

17.27.060 - Parking in-lieu payments and parking management programs and districts.

A.

Parking Management Programs and Districts. If parking management programs and districts are established, said formations shall be established consistent with the coastal land use plan. Assessment

district financing and/or an in-lieu fee system may be established in order to provide adequate off-street parking requirements for new development.

B.

In-Lieu Parking Fee, Commercial and Mixed Use Districts. Where it can be demonstrated that the reasonable and practical development of property in a commercial or mixed use district precludes the provision of required off-street parking on the property, the planning commission may permit the applicant to satisfy parking requirements by payment of an in-lieu parking fee. The planning commission will determine the total parking requirements for each individual project at the time of permit review.

1.

Number of Spaces. The number of parking spaces required and used to calculate the in-lieu fee shall be determined according to the provisions of this chapter and any other applicable provisions of the zoning code and the city of Morro Bay Municipal Code.

2.

Change of Use. Any off-street parking satisfied through this provision shall run with the land and any subsequent change of use that requires more parking shall require subsequent action to satisfy the additional parking requirement. No refund of such payment shall be made when there is a change to a use requiring less parking.

3.

Change of Ownership. A change of ownership or the dividing or merging of properties shall not affect an obligation for parking in-lieu fees or a determination that parking requirements have been met according to fees paid for a particular use.

4.

Fees. The fee to be charged for each parking space required shall be set by resolution by the city council and may be modified from time to time, and shall be payable in accordance with administrative policies established in this chapter. In setting such fees, the city council shall consider all costs associated with the provision of the necessary parking including planning, design, land acquisition or lease costs and construction of improvements.

5.

Use of Fees. Fees accepted under this provision will be used by the city to provide the additional required parking at another location in lieu of the applicant providing the required off-street parking. Such parking shall be provided within a reasonable distance from the contributing project or within close proximity to public transit providing access to the use. All such fees collected shall be used by the city for the planning, design, acquisition or lease of land, and development and redevelopment of public parking facilities within or adjacent to the parking management plan area and for public transit facilities providing access to said parking.

Fee Payment. The per space fee for new construction, additions or changes in occupancy shall be paid in a lump sum or in accordance with a payment plan approved by both the finance director and the city administrator, prior to the issuance of construction permits for the structure or occupancy for which the parking is required or prior to the issuance of a city business license for the activity for which the parking is required, if no construction permit is required.

(Ord. No. 662, § 2, 12-13-23)

17.27.070 - Location of required parking.

A.

Front and Corner Side Setbacks. Parking spaces required pursuant to this chapter shall not be located within a required front or corner side setback.

B.

On-Site Parking Required. Required parking shall be located on the same lot as the use it serves except as allowed below.

1.

Allowance for Off-Site Parking. Required parking may be located off-site provided the off-site parking facility is located within 600 feet, along a pedestrian route, of the principal entrance containing the use(s) for which the parking is required.

a.

Parking Agreement. A written agreement between the landowner and the city in a form satisfactory to the city attorney shall be executed and recorded in the office of the county recorder. The agreement shall include:

i.

A guarantee among the landowner for access to and use of the parking facility; and

ii.

A guarantee that the spaces to be provided will be maintained and reserved for the uses served for as long as such uses are in operation.

(Ord. No. 662, § 2, 12-13-23)

17.27.080 - Bicycle parking.

A.

Short-Term Bicycle Parking. Short-term bicycle parking intended to serve shoppers, customers, messengers, guests and other visitors to a site who generally stay for a short time, shall be provided as specified below.

Parking Spaces Required. For the following uses, the number of short-term bicycle parking spaces shall be at least twenty percent of the number of required automobile parking spaces, with a minimum of four parking spaces provided per establishment.

a.

Multi-unit residential, group residential, and single room occupancy with five or more units.

b.

All uses in the public and semi-public use classification.

c.

All uses in the commercial use classification.

2.

Location. Short-term bicycle parking must be located within fifty feet of a main entrance to the building it serves. Where the bicycle parking area is not visible from the main entrance of the building, signs located at the main entrance of the building shall identify the location of bicycle parking.

a.

In the CC district, required short-term bicycle parking may be located in the right-of-way with an encroachment permit issued by the city.

3.

Anchoring and Security. For each short-term bicycle parking space required, a stationary, securely anchored object shall be provided to which a bicycle frame and one wheel (two points of contact) can be secured with a high-security U-shaped shackle lock if both wheels are left on the bicycle. One such object may serve multiple bicycle parking spaces.

4.

Size and Accessibility. Each short-term bicycle parking space shall be a minimum of two feet in width and six feet in length and shall be accessible without moving another bicycle. Two feet of clearance shall be provided between bicycle parking spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestrian ways and at least five feet from vehicle parking spaces.

==> picture [360 x 177] intentionally omitted <==

FIGURE 17.27.080 A: SHORT-TERM BICYCLE PARKING

B.

Long-Term Bicycle Parking. Long-term bicycle parking shall be provided in order to serve employees, students, residents, commuters, and others who generally stay at a site for four hours or longer.

1.

Parking Spaces Required.

a.

Residential Uses. A minimum of one long-term bicycle parking space shall be provided for every five units for multi-unit residential, group residential, and single room occupancy.

b.

Other Uses. Any establishment with twenty-five or more full time equivalent employees shall provide longterm bicycle parking at a minimum ratio of one space per twenty-five vehicle spaces.

c.

Parking Structures. Long-term bicycle parking shall be provided at a minimum ratio of one space per fifty vehicle spaces.

2.

Location. Long-term bicycle parking must be located on the same lot as the use it serves and near the facility entrance. In parking garages, long-term bicycle parking must be located near an entrance to the facility. Where the bicycle parking area is not visible from the entrance of the building, signs located at the entrance or in an entry lobby of the building shall identify the location of bicycle parking.

3.

Covered Spaces. At least fifty percent of required long-term bicycle parking must be covered. Covered parking can be provided inside buildings, under roof overhangs or awnings, in bicycle lockers, or within or

under other structures.

4.

Security. Long-term bicycle parking must be in:

a.

An enclosed bicycle locker;

b.

A fenced, covered, locked or guarded bicycle storage area;

c.

A rack or stand inside a building that is within view of an attendant or security guard or visible from employee work areas or within secure/restricted bicycle storage room; or

d.

Other secure area approved by the director.

5.

Size and Accessibility. Each bicycle parking space shall be a minimum of two feet in width and six feet in length and shall be accessible without moving another bicycle. Two feet of clearance shall be provided between bicycle parking spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestrian ways and at least five feet from vehicle parking spaces.

C.

Bicycle Parking Reductions and Modifications. A modification for a reduction in the number of required bicycle parking spaces or to other standards of this section may be granted pursuant to Chapter 17.42, Modifications, if the review authority finds that:

1.

Adequate site space is not available on an existing development to provide bicycle parking; or

2.

Reduced bicycle parking is justified by reasonably anticipated demand; or

3.

Other criteria based on unusual or specific circumstances of the particular case as deemed appropriate by the review authority.

(Ord. No. 662, § 2, 12-13-23)

17.27.090 - Loading.

A.

Loading Spaces Required. Every new building, and every building enlarged by more than ten thousand square feet of floor area that is to be occupied by a manufacturing establishment, storage facility, warehouse facility, retail store, eating and drinking establishment, wholesale store, market, hotel, hospital, mortuary, laundry, dry-cleaning establishment, or other use similarly requiring the receipt or distribution by vehicles or trucks of material or merchandise shall provide off-street loading and unloading areas as stated in Table 17.27.090, Required Loading Spaces.

TABLE 17.27.090: REQUIRED LOADING SPACES

1.

Multi-Tenant Buildings. The floor area of the entire building shall be used in determining spaces for multitenant buildings. A common loading area may be required, if each tenant space is not provided a loading area. Drive-in roll-up doors for multi-tenant industrial projects may be substituted for required loading areas.

2.

Reduction in Number of Loading Spaces Required. The loading space requirement may be waived if the director finds that the applicant has satisfactorily demonstrated that due to the nature of the proposed use and/or location, such loading space will not be needed or is not practical.

3.

Additional Loading Spaces Required. The required number of loading spaces may be increased to ensure that trucks will not be loaded, unloaded, or stored on public streets. Such requirement shall be based on the anticipated frequency of truck pickups and deliveries and of the truck storage requirements of the use for which the on-site loading spaces are required.

B.

Location. All required loading areas shall be located on the same site as the use served. Loading areas shall not be located within the required front, side, or rear setback.

C.

Screening. Loading areas shall be screened from public view by building walls, or a uniformly solid fence or wall, or any combination thereof, not less than six feet in height.

D.

Electric Vehicle Charging. All new loading spaces shall be electric vehicle charging spaces (EV spaces) capable of supporting future electric vehicle supply equipment (EVSE).

E.

Minimum Size. Each on-site loading space required by this chapter shall not be less than twelve feet wide, twenty-five feet long, and fourteen feet high, exclusive of driveways for ingress and egress, maneuvering areas and setbacks. The minimum size requirement may be modified if the director finds that the applicant has satisfactorily demonstrated that due to the nature of the proposed use, such size will not be needed.

F.

Driveways for Ingress and Egress and Maneuvering Areas. Each on-site loading space required by this chapter shall be provided with driveways for ingress and egress and maneuvering space of the same type and meeting the same criteria required for on-site parking spaces. Maneuvering areas shall not encroach into required parking areas, travelways, or street rights-of-way. This requirement may be modified if the director finds that sufficient space is provided so that maneuvering areas will not interfere with traffic and pedestrian circulation.

G.

Surfacing. All loading areas shall be paved and improved so as to provide a dust-free surface, and all sites shall be properly drained, consistent with applicable stormwater runoff regulations and subject to the approval of the city engineer.

(Ord. No. 662, § 2, 12-13-23)

A.

Forward Entry. Vehicles shall not back onto an arterial street. Parking areas designed to accommodate five or more vehicles shall be provided with suitable maneuvering room so that all vehicles can enter and exit from a public street by forward motion only.

B.

Limited-Access and Arterial Street. Driveway encroachments shall be restricted onto arterial streets and highways if alternative points of access to the property are feasible or if the city council has, by resolution, restricted access to the street.

C.

Driveway Separation. There shall be a minimum of twenty-two feet of standard curb and gutter between the tops of the driveway transition. In residential districts, the required driveway separation only applies to

driveways on the subject parcel.

D.

Driveway Transitions. No part of the driveway transition shall extend closer than one foot to side property line of the property being served by the driveway unless approved by the city engineer and unless a written agreement is obtained from the adjacent property owner and filed with the city engineer for recording with the county recorder. The agreement shall be in a form approved by the city attorney.

E.

Curb Height. Full height curbs shall be provided except for locations with approved driveways and/or handicap ramps.

F.

Driveway Length and Accessibility.

1.

Driveway Length. Driveways providing direct access from a public street to a covered or uncovered parking space shall be at least twenty feet in length except as follows:

a.

RS-A District, Lots Two Thousand Five Hundred Square Feet or Smaller in Size. The minimum driveway length is ten feet.

b.

RS-A District, Lots between Two Thousand Five Hundred One and Four Thousand Three Hundred Square Feet in Size. The minimum driveway length is fifteen feet.

c.

RS-B District, All Lots. The minimum driveway length is fifteen feet.

2.

Accessibility. In the residential districts, driveways providing access to parking spaces for detached residential single unit development shall be kept free and clear for the required length stated above. Driveways shall not be gated within this minimum distance.

G.

Driveway Width. The minimum and maximum width of a driveway shall be as follows.

TABLE 17.27.100 G: DRIVEWAY WIDTH

Minimum Width (ft) Maximum Width (ft)

H.

Turnarounds.

1.

Driveways that serve commercial or multi-unit development which exceed one hundred feet in depth shall provide a turnaround to ensure that vehicles can safely exit in a forward direction.

2.

Driveways that exceed fifteen percent slope serving any type of development may also be required to provide turnarounds.

I.

Surfacing. Driveways shall be surfaced with asphalt or concrete paving or alternative surface as approved by the city engineer.

1.

Residential Paved Wheel Tracks. For residential uses, in lieu of a full width paved driveway and where the driveway serves only one residence; paved wheel tracks are allowed as long as the tracks are located where the wheel traffic will most probably occur, the tracks are located only behind the sidewalk ramp, each track is at least three and one-half feet apart.

J.

Maximum Slope.

Residential Development. Driveways serving residential development shall not exceed fifteen percent slope unless the city engineer approves a slope up to twenty percent provided special construction procedures and materials are used.

2.

Non-Residential Development. Driveways serving non-residential development shall not exceed ten percent slope.

K.

Visibility. Visibility of a driveway crossing a street property line shall not be blocked between a height of three feet and nine feet for a depth of five feet from the street property line as viewed from the edge of the right-of-way on either side of the driveway.

L.

Common Access Driveways. Projects are encouraged to provide shared vehicle and pedestrian access to adjacent properties for convenience, safety, and efficient circulation. A joint access agreement guaranteeing the continued availability of the shared access between the properties approved by the director shall be recorded in the county's recorder's office, in a form satisfactory to the city attorney.

M.

Replacement of Curb and Sidewalks of Abandoned Driveway. The director of public works shall determine whether a driveway has been abandoned. Any such abandoned driveway shall be removed by the owner and replaced with standard curb, gutter and sidewalk to fit the existing line of grade of adjacent standard curb, gutter and sidewalk. The director of public works shall cause an abandoned drive to be removed if it has not been removed within thirty days after the owner has been notified to do so. The procedure for repair and collection of the cost of repair shall be as set forth in Division 7, Part 3, Chapter 22 of the Streets and Highways Code.

(Ord. No. 662, § 2, 12-13-23)

All parking areas shall be designed and developed consistent with the following standards.

A.

Handicap Parking. Each parking area where parking is provided for the public as clients, guests, or employees shall include parking accessible to handicapped or disabled persons as near as practical to a primary entrance and in accordance with the standards for the number of spaces, size, location, signing, and markings/striping set for in Chapter 71, "Site Development Requirements for Handicapped Accessibility" of Title 24 of the California Code of Regulations.

B.

Electric Vehicle Charging.

1.

Nonresidential Parking. In new parking lots with ten or more parking spaces, a minimum of one level 2 or fast charging electric vehicle charging station shall be provided for every ten parking spaces.

2.

Residential Parking. In all new parking areas for single unit dwellings, two-unit dwellings, and multi-unit residential development, a minimum of fifty percent of the total number of parking spaces provided shall be electric vehicle charging spaces (EV spaces) capable of supporting future electric vehicle supply equipment (EVSE).

C.

Tandem Parking. Tandem parking may be permitted to satisfy parking requirements in accordance with the following.

1.

No more than two vehicles shall be placed one behind the other.

2.

Both spaces shall be assigned to a single dwelling unit or non-residential establishment.

3.

Tandem parking to meet required parking for non-residential uses may be used for employee parking; the maximum number of tandem parking spaces shall not exceed fifty percent of the total number of spaces.

4.

Tandem parking to meet required parking for multi-unit development shall be located within an enclosed structure; the maximum number of tandem parking spaces shall not exceed fifty percent of the total number of spaces.

5.

Tandem parking shall not be used to meet the guest parking requirement.

D.

Size of Parking Spaces and Maneuvering Aisles. Parking spaces and maneuvering aisles shall meet the minimum dimensions required by this subsection. Screening walls, roof support posts, columns, or other structural members shall not intrude into the required dimensions for parking spaces.

1.

Standard Parking Spaces and Drive Aisles. The minimum basic dimension for standard parking spaces is nine feet by twenty feet, with a minimum vertical clearance of seven feet. Table 17.27.110 D.1, Standard Parking Space and Aisle Dimensions, provides the dimensions of spaces (stalls) and aisles according to

angle of parking spaces. The required aisle width may be modified if the city engineer finds that sufficient space is provided, so that maneuvering areas will not interfere with traffic and pedestrian circulation.

TABLE 17.27.110 D.1: STANDARD PARKING SPACE AND AISLE DIMENSIONS

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

FIGURE 17.27.110(D.1): STANDARD PARKING SPACE AND AISLE DIMENSIONS

2.

Compact Parking Spaces. In parking areas with four or more parking spaces, up to twenty-five percent of the required spaces may be reduced to eight and one-half feet by eighteen feet and labeled "compact."

3.

Parking Spaces Abutting a Wall, Fence, or Column. The width of each parking space adjoining a wall, fence, column, or other obstruction higher than one-half feet shall be increased by one foot on each obstructed side.

==> picture [360 x 180] intentionally omitted <==

FIGURE 17.27.110(D.3): PARKING SPACES ABUTTING A WALL, FENCE, OR COLUMN

4.

Minimum Dimensions for Residential Garages. Garages serving residential uses shall be constructed to meet the following minimum inside dimensions.

a.

A single car garage shall be at least eleven feet wide and twenty feet long.

b.

A garage containing two or more parking spaces shall have a minimum inside dimension of ten feet in width by twenty feet in length per space.

c.

The minimum vertical clearance shall be seven feet except in the front four feet of the parking space where the minimum vertical clearance is four feet six inches.

d.

Garages shall be equipped with an automatic door opener and a roll-up sectional or similar garage door which does not extend onto the apron. A security gate for a multi-unit development is permitted.

E.

Service Vehicle Maneuvering Area. Parking lots shall be designed so that sanitation, emergency, and other public service vehicles can provide service without backing up unreasonable distances or making other dangerous or hazardous turning movements. The minimum allowable inside turning radius shall be twenty feet. Where fire truck access is necessary, the minimum inside radius shall be twenty-eight feet and the outside radius shall be a minimum of forty-eight feet.

F.

Pedestrian Circulation. Parking areas for multi-unit residential developments of five or more units and parking areas for commercial and mixed-use developments that are eighty feet or more in depth and/or include twenty-five or more parking spaces shall provide pedestrian access that is separate and distinct from driveways, according to the following standards:

1.

Connection to Public Sidewalk. An on-site walkway shall connect the main building entry to a public sidewalk on each street frontage. Such walkway shall be the shortest practical distance between the main building entry and sidewalk, generally no more than one hundred twenty-five percent of the straight-line distance.

2.

Materials and Width. Walkways shall provide at least five feet of unobstructed width and be hard-surfaced.

3.

Identification. Pedestrian walkways shall be clearly differentiated from driveways, parking aisles, and parking and loading spaces through the use of elevation changes, a different paving material, or similar method.

4.

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

==> picture [360 x 168] intentionally omitted <==

FIGURE 17.27.110(F): PEDESTRIAN CIRCULATION

G.

Parking Lot Striping. All parking stalls shall be clearly outlined with double striping, and all aisles, approach lanes, turning areas, and entrances shall be clearly marked with directional arrows and lines as required by the city engineer.

H.

Wheel Stops. Parking areas designed to accommodate five or more vehicles shall provide concrete bumper guards or wheel stops for all unenclosed parking spaces. A six-inch high concrete curb surrounding a landscape area at least six feet wide may be used as a wheel stop, provided that the overhang will not damage or interfere with plant growth or its irrigation.

I.

Surfacing. All parking areas shall be paved and improved, and all sites shall be properly drained, consistent with applicable stormwater runoff regulations and subject to the approval of the city engineer.

1.

Required Surface. All parking areas shall be surfaced with asphalt or concrete paving, pervious pavers, or alternative surface as approved by the city engineer.

a.

Landscaping Alternative. Up to two feet of the front of a parking space as measured from a line parallel to the direction of the bumper of a vehicle using the space may be landscaped with ground cover plants instead of paving.

2.

Slope and Drainage. Parking areas shall not exceed six percent slope nor be less than one-half percent slope in the direction of drainage. A maximum of ten percent slope in aisle and turnaround areas may be allowed by the city engineer.

J.

Perimeter Curbing. Parking areas designed to accommodate five or more vehicles shall provide a six-inch wide and six-inch high concrete curb along the outer edge of the parking facility pavement, except where said pavement abuts a fence or wall. Curbs separating landscaped areas from parking areas shall be designed to allow stormwater runoff to pass through.

K.

Heat Island Reduction. In order to reduce ambient surface temperatures in parking areas, at least fifty percent of the areas not landscaped shall be shaded, either with light-colored materials with a solar reflectance index of at least 29, or a combination of shading and light-colored materials.

1.

Shade may be provided by canopies, shade structures, trees, or other equivalent mechanism. If shade is provided by trees, the amount of required shading is to be reached within fifteen years.

L.

Lighting. Parking areas designed to accommodate five or more vehicles shall be provided with a minimum of one-half foot-candle and a maximum of three foot-candles of light over of the parking surface during the hours of use from one-half hour before dusk until one-half hour after dawn.

Light poles and standards shall not exceed twenty feet in height unless a greater height is approved pursuant to Chapter 17.42, Modifications.

2.

Lighting design shall be coordinated with the landscape plan to ensure that vegetation growth will not substantially impair the intended illumination.

3.

Light sources shall be between 2600 and 3500 Kelvin and have a CRI of 85 or greater.

4.

Parking lot lighting shall, to the maximum extent feasible, be designed and installed so that light and glare is not directed onto residential use areas or adjacent public rights-of-way, consistent with Section 17.23.080, Lighting and Illumination.

M.

Separation From On-Site Buildings. Parking areas designed to accommodate five or more vehicles must be separated from the front and side exterior walls of on-site buildings by walkways a minimum of three feet in width. Commercial development with twenty-five thousand square feet or more of floor area must be separated from parking on all sides by a walkway a minimum of five feet in width, as well as a planter area at least three feet in width.

==> picture [360 x 142] intentionally omitted <==

FIGURE 17.27.110(M): PARKING SEPARATION FROM ON-SITE BUILDINGS

N.

Landscaping. Parking areas designed to accommodate five or more vehicles must be landscaped according to the general standards of Chapter 17.25, Landscaping, as well as the standards of this subsection.

1.

Landscape Area Required. A minimum of ten percent of the parking lot area shall be landscaped.

2.

Minimum Planter Dimension. No landscape planter that is to be counted toward the required landscape area shall be smaller than twenty-five square feet in area, or four feet in any horizontal dimension, excluding curbing.

3.

Landscaped Planters Between Parking Stalls and at the Ends of Rows of Parking Stalls. In open parking areas, landscaped planter areas shall be provided after each five parking spaces in any row and at the ends of each row of parking spaces.

4.

Landscaped Buffer Adjacent to Right-of-Way. A landscaped area at least five feet wide shall be provided between any surface parking area and any property line adjacent to a public street for the length of the parking area.

5.

Landscaped Buffer Abutting Interior Lot Line. A landscaped area at least three feet wide shall be provided between any surface parking area and any interior property line for the length of the parking area.

6.

Trees.

a.

Number Required. One for every six parking spaces, minimum of two trees per parking area.

b.

Distribution. Trees shall be distributed relatively evenly throughout the parking area.

c.

Size. All trees shall be a minimum fifteen-gallon size.

7.

Protection of Vegetation.

a.

Clearance from Vehicles. All required landscaped areas shall be designed so that plant materials, at maturity, are protected from vehicle damage by providing a minimum two-foot clearance of low-growing plants where a vehicle overhang is permitted, or by wheel stops set a minimum of two feet from the back of the curb.

b.

Planters. All required parking lot landscaping shall be within planters bounded by a concrete curb at least six inches wide and six inches high. Curbs separating landscaped areas from parking areas shall be designed to allow stormwater runoff to pass through.

8.

Visibility and Clearance.

a.

Notwithstanding other provisions of this chapter, parking area landscaping shall comply with Section 17.23.180, Visibility at Intersections.

b.

Landscaping in planters at the end of parking aisles shall not obstruct driver's vision of vehicular and pedestrian cross-traffic.

c.

Mature trees shall have a foliage clearance maintained at eight feet from the surface of the parking area.

d.

Other plant materials located in the interior of a parking lot shall not exceed thirty inches in height.

==> picture [360 x 395] intentionally omitted <==

FIGURE 17.27.110(N): PARKING AREA LANDSCAPING

O.

Screening. Parking areas designed to accommodate five or more vehicles shall be screened along the street frontage and adjacent lots in a residential district, according to the following standards.

1.

Height. Screening along the street frontage shall be a minimum three feet in height. Screening adjacent to lots in a residential district shall be a minimum four feet in height.

2.

Materials. Screening may consist of one or any combination of the methods listed below.

a.

Walls. Low-profile walls consisting of brick, stone, stucco, or other quality durable material approved by the director, and including a decorative cap or top finish as well as edge detail at wall ends. Plain concrete blocks are not allowed as a screening wall material unless capped and finished with stucco or other material approved by the director.

b.

Planting. Plant materials consisting of compact evergreen plants that form an opaque screen.

c.

Berms. Berms a minimum of two feet in height and planted with appropriate shrubs and ground cover.

==> picture [264 x 249] intentionally omitted <==

FIGURE 17.27.110(O): PARKING AREA SCREENING

P.

Alternative Parking Area Designs. Where an applicant can demonstrate to the satisfaction of the director that variations in the requirements of this section are warranted in order to achieve environmental design and green building objectives, including but not limited to achieving certification under the LEED™ Green Building Rating System or equivalent, an alternative parking area design may be approved.

Q.

Maintenance. It shall be the duty of the property owner to maintain and repair the parking lot and related improvements in accordance with the above standards and any other conditions imposed at the time of approval. Parking lots, including landscaped areas, driveways, and loading areas, shall be maintained free of refuse, debris, or other accumulated matter and shall be kept in good repair at all times.

(Ord. No. 662, § 2, 12-13-23)

Chapter 17.28 - PERFORMANCE STANDARDS

Sections:

17.28.010 - Purpose.

The purposes of this chapter are to:

A.

Establish permissible limits and permit objective measurement of nuisances, hazards, and objectionable conditions;

B.

Ensure that all uses will provide necessary control measures to protect the community from nuisances, hazards, and objectionable conditions; and

C.

Protect industry from arbitrary exclusion from areas of the city.

(Ord. No. 662, § 2, 12-13-23)

The minimum requirements in this chapter apply to all land uses in all districts except as provided below.

A.

The following uses and activities are exempt from compliance with the requirements of this chapter:

1.

Legal nonconforming uses, which, based on a written opinion of the city attorney, have an established right not to comply with the provisions of this chapter.

2.

Temporary events with approved temporary use permits or other required permits, where such activities otherwise comply with other applicable provisions of this title.

3.

Any emergency activity on the part of the city or a private party.

4.

Temporary construction activity where such activity is explicitly regulated by other regulations of the municipal code.

5.

Other uses and activities as otherwise specified in this title.

(Ord. No. 662, § 2, 12-13-23)

Land or buildings shall not be used or occupied in a manner creating any dangerous, injurious, or noxious fire, explosive or other hazard that would adversely affect the surrounding area.

(Ord. No. 662, § 2, 12-13-23)

Measurements necessary for determining compliance with the standards of this chapter shall be taken at the lot line of the establishment or use that is the source of a potentially objectionable condition, hazard, or nuisance.

(Ord. No. 662, § 2, 12-13-23)

Uses, activities, and processes shall not operate in a manner that emits excessive dust, fumes, smoke, or particulate matter, unless authorized under federal, state, or local law. Sources of air emissions shall comply with all rules established by the Environmental Protection Agency (Code of Federal Regulations, Title 40), the California Air Resources Board, and the San Luis Obispo County Air Pollution Control District.

(Ord. No. 662, § 2, 12-13-23)

No use, activity or process shall cause electromagnetic interference with normal radio and television reception, or with the function of other electronic equipment beyond the lot line of the site in which it is situated. All uses, activities and processes shall comply with applicable federal communications commission regulations.

(Ord. No. 662, § 2, 12-13-23)

All activities, processes and uses involving the use of, or storage of, flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion. Firefighting and fire suppression equipment and devices standard in industry shall be approved by the fire department. All incineration is prohibited.

(Ord. No. 662, § 2, 12-13-23)

No use shall be operated such that significant, direct glare, incidental to the operation of the use is visible beyond the boundaries of the lot where the use is located.

(Ord. No. 662, § 2, 12-13-23)

The use, handling, storage and transportation of hazardous and extremely hazardous materials shall comply with the provisions of the California Hazardous Materials Regulations and the California Fire and Building Codes, as well as the laws and regulations of the California Department of Toxic Substances Control and the County Environmental Health Agency. Activities, processes, and uses shall not generate or emit any fissionable or radioactive materials into the atmosphere, a sewage system or onto the ground.

(Ord. No. 662, § 2, 12-13-23)

Uses, activities, and processes shall not produce any emissions of heat or humidity that cause distress, physical discomfort, or injury to a reasonable person, or interfere with ability to perform work tasks or conduct other customary activities. In no case shall heat emitted by a use cause a temperature increase in excess of five degrees Fahrenheit on another property.

(Ord. No. 662, § 2, 12-13-23)

A.

Discharges to Water or Sewers. Liquids and solids of any kind shall not be discharged, either directly or indirectly, into a public or private body of water, sewage system, watercourse, or into the ground, except in compliance with applicable regulations of the California Regional Water Quality Control Board (California Administrative Code, Title 23, Chapter 3 and California Water Code, Division) and any other agency as shall have jurisdiction of such activities.

B.

Solid Wastes. Solid wastes shall be handled and stored so as to prevent nuisances, health, safety and fire hazards, and to facilitate recycling. There shall be no accumulation outdoors of solid wastes conducive to the breeding of rodents or insects, unless stored in closed containers.

(Ord. No. 662, § 2, 12-13-23)

17.28.120 - Noise.

A.

Noise Limits. No use or activity shall create ambient noise levels that exceed the noise limits established in the general plan.

1.

Separation from Noise Sensitive Uses. Any business operation with sustained or intermittent noise levels exceeding seventy dB ldn (or CNEL) including, but not limited to, wood or machine milling, air hammers, generators, or prolonged or excessive truck deliveries, are not allowed within one hundred fifty feet of residential uses, hospitals, and other noise sensitive uses unless noise levels are mitigated in compliance with this section.

2.

Operational Hours. All commercial and industrial deliveries and loud commercial activities such as loading and unloading, leaf blowers, bands with loudspeakers within one hundred feet of a residential use shall be limited to the hours between seven a.m. and ten p.m.

B.

Acoustic Study. An acoustic study shall be required for any proposed project which could create or be subject to a noise exposure greater than that deemed "acceptable" by the noise element of the general plan.

C.

Noise Attenuation Measures. Noise attenuation measures necessary to reduce noise impacts to acceptable levels are required to be incorporated into a project in accordance with the following:

1.

All new residential development shall achieve interior noise level reductions through sound insulation and other measures to meet the general plan land use compatibility standards by acoustical design and construction of the structure and building elements.

2.

New dwelling units exposed to an exterior DNL above sixty-five dB shall incorporate the following noise reduction measures:

a.

All façades must be constructed with substantial weight and insulation;

b.

Sound-rated windows providing noise reduction performance similar to that of the façade must be included for all exterior entries;

c.

Acoustic baffling of vents is required for chimneys, fans, and gable ends; and

d.

Installation of a mechanical ventilation system affording comfort under closed window conditions.

3.

Other measures identified in an acoustic study conducted for the proposed project as necessary to reduce noise levels to "acceptable" levels.

D.

Exemptions. The provisions of this section, do not apply to:

1.

Emergencies. The emission of sound for the purpose of alerting persons to the existence of an emergency, or the emission of sound in the performance of emergency work.

2.

Warning Devices. Warning devices necessary for the protection of the public safety, such as police, fire, and ambulance sirens.

3.

Special Events. Occasional outdoor gatherings, public dances, shows, and sporting and entertainment events, provided that such events are conducted pursuant to a permit or license issued by the city.

4.

Religious Facilities and Other Similar Organizations. Unamplified bells, chimes, or other similar devices used by houses of religious worship, as such devices are played between the time period of seven a.m. and ten p.m. and the playing period does not exceed ten minutes in any one hour.

5.

Municipal Solid Waste Collection. Collection of solid waste, vegetative waste, and recyclable materials by the city or under contract with the city.

6.

Public Works Construction Projects, Maintenance, and Repair. Street, utility, and similar construction projects undertaken by or under contract to the city, San Luis Obispo County, or the State of California or a public utility regulated by the California Public Utilities Commission, as well as maintenance and repair operations conducted by such parties, including street sweeping, debris and litter removal, removal of downed wires, restoring electrical service, repairing traffic signals, unplugging sewers, vacuuming catch basins, repairing of damaged poles, removal of abandoned vehicles, repairing of water hydrants and mains, gas lines, oil lines, sewers, storm drains, roads, and sidewalks.

7.

Public Utility Facilities. Facilities including, but not limited to, sixty-cycle electric power transformers and related equipment, sewer lift stations, municipal wells, and pumping stations.

(Ord. No. 662, § 2, 12-13-23)

No vibration shall be permitted so as to cause a noticeable tremor, measurable without instruments at the lot line.

(Ord. No. 662, § 2, 12-13-23)

Chapter 17.29 - SIGNS

Sections:

The purpose of this chapter is to regulate signs so that they express and enhance the character and environment of the city of Morro Bay and its community. These regulations recognize the importance of business activity to the economic vitality of the city. Specifically, these regulations are intended to:

A.

Encourage communications which aid in the identification of businesses and activities;

B.

Preserve and enhance the aesthetic character of the city;

C.

Restrict signs that, individually or cumulatively, create a confusing environment that impedes the public's ability to receive information;

D.

Prohibit signs which endanger public safety by distracting motorists, cyclists, or pedestrians, thereby increasing the probability of accidents; and

E.

Provide clear and distinct regulations for different districts and lodging establishments.

(Ord. No. 662, § 2, 12-13-23)

A.

Sign Classifications. For purposes of this chapter, signs are classified based on their location:

1.

On-Premise Sign. A sign that directs attention to a business, commodity, industry, or other commercial activity sold, offered, or conducted on the premises upon which such sign is located. For the purpose of this chapter, all signs on private property that display noncommercial messages or designs are considered on-premise signs.

Off-Premise Sign. A sign that directs attention to a business, commodity, industry, or other commercial activity sold, offered, or conducted elsewhere than on the premises upon which such sign is located. For the purpose of this chapter, temporary signs are not considered off-premise signs.

B.

Sign Types. For purposes of this chapter, signs are categorized into the following types based upon their design, construction, materials, and the manner in which they are mounted:

1.

Permanent Free-Standing Signs.

a.

Architectural Sign. A freestanding sign mounted on two or more poles or other supporting structures.

b.

Monument Sign. A sign, usually rather low in height, erected on the ground or on a solid base designed as a free-standing architectural unit not attached to a building.

c.

Pole Sign. A sign supported by a single pole.

2.

Permanent Building-Mounted Signs.

a.

Awning (Canopy) Sign. A sign painted on or attached to an awning, canopy, arcade, umbrella or similar feature.

b.

Entrance Sign. A secondary and size-limited wall sign (see below) mounted directly above a public entrance to a business or other use.

c.

Exterior Display Case. An openable weather-proof compartment with a transparent front panel. Exterior display cases are typically wall mounted or recessed into the wall of a structure, but could be designed to be free-standing. Typical uses for such cases include the display of restaurant menus or featured merchandise for sale.

d.

Marquee Sign. A sign which projects from a building and forms a canopy over the building entrance and/or a portion of the adjacent sidewalk. Marquee signs are traditionally associated with theaters and typically

feature changeable copy or graphics which inform the public of the movie or other entertainment currently available at the venue. Marquee signs often also feature a decorative vertical element that may extend above the cornice line of the building. Marquee signs represent one of the more common instances in which filament lamp lighting is employed.

e.

Projecting Sign (Pub Sign, Flange Sign). A sign which is oriented perpendicular to the primary or secondary façade of an adjacent building and hangs from the canopy or cover over a walkway or driveway or which is mounted on and projects from the building wall.

f.

Roof Sign. A sign erected upon, over or above the roof or false (mansard) roof of a building or structure, or any sign affixed to the wall of a building so that it projects above the eave line of a roof.

g.

Suspended (Hanging) Sign. A sign which is oriented parallel to the primary or secondary façade of an adjacent building and hangs from the canopy or cover over a walkway, driveway or entrance, but which is not mounted on the building wall.

h.

Theater Display Case (Theater Case). An openable, wall-mounted, weather-proof compartment with a transparent front panel. Theater display cases are, by definition, larger exterior display cases and are typically used to display posters that advertise upcoming movies or entertainment events. The use of theater display cases, however, is not so restricted by this definition.

i.

Wall Sign. Any sign which is attached to, erected against or painted upon the wall or mansard of a building or structure, the face of which is in a single plane which is either vertical or parallel to the plane of the wall or mansard. A wall-mounted blackboard or whiteboard is considered a wall sign and is counted toward total allowable sign area.

j.

Window Sign. Any sign placed inside or upon a window facing the outside or affixed to a window in such manner as to be visible from the exterior.

3.

Other Permanent Signs.

a.

Equipment Sign. A sign incorporated into displays, machinery, or equipment by a manufacturer, distributor, or vendor, such as signs customarily fixed to automated teller machines (ATMs), vending machines, gasoline pumps, menu boards, and umbrellas.

b.

Residential Subdivision. A sign, typically a monument or wall type, which identifies the name of a subdivision.

c.

Directory sign. A single sign located in a multi-tenant complex which lists non-residential tenants within the building, complex, or development and the address of the site.

4.

Temporary and Portable Signs.

a.

Sidewalk Sign. A sign not permanently attached to the ground, a building, or other permanent supporting structure. A-frame signs represent one common example of a sidewalk sign. Where permitted, sidewalk signs are subject to special regulations and permits. A freestanding blackboard or whiteboard is considered a sidewalk sign and is regulated as such. A sidewalk-type sign placed on a pier or dock is referred to as a dock sign.

b.

Temporary Sign. A temporary sign is defined as any sign which:

i.

Is constructed of paper, cardboard, flexible plastic, or other non-durable material; or

ii.

Is mounted to a surface or object by means of tape, tacks, push pins, elastic cords, or other easilyremovable means or is supported by leaning against a wall or other object or is anchored to the ground by means of wires or other easily-removable means or merely rests on the ground or other surface.

c.

Construction Sign. A sign displayed by a contractor, subcontractor, or architect on a project site whenever a building permit has been issued for construction, alteration, or repair of a structure and when work is in progress on site pursuant to such permit.

==> picture [432 x 585] intentionally omitted <==

FIGURE 17.29.020(B): TYPES OF GENERAL BUSINESS SIGNS

C.

Exempt Signs. The types of signs listed below are not required to obtain a sign permit, but the owner or acting agent of the property shall give notice, in writing, to the community development department no fewer than thirty days prior to the placement of such sign. An exempt sign is fully subject to the standards established by Section 17.29.120, Performance Standards for Signs, through Section 17.29.140,

Nonconforming, Unpermitted, and Illegal Signs. All exempt signs, except temporary signs, are not regulated by district and are exempt from the provisions in Section 17.29.050, Embarcadero District, through Section 17.29.110, Signs Outside of Designated Business Districts. Temporary signs, however, are regulated by the district provisions in Section 17.29.050, Embarcadero District, through Section 17.29.110, Signs Outside of Designated Business Districts.

1.

Legal Notice. An official notice issued by a court, public body or office and posted in the performance of a public duty or a notice posted by a utility or other quasi-public agent in the performance of a public duty.

2.

Government Sign. A sign erected by the city of Morro Bay or other government body.

3.

Historical Marker. A sign, monument, or marker erected by or with the permission of a governmental body or agency for the purpose of informing the public of the history of a building, site, or other feature.

4.

Educational Sign. A sign erected by or with the permission of a governmental body or agency for the purpose of public education or information.

5.

Government-Required Sign. A sign which is required by law or by the conditions of a government issued permit, including, but not limited to a conditional use permit or coastal development permit, or by the terms of any lease or land use agreement to which a governmental agency is a party, and which is installed in accordance with the specifications of the controlling law, permit, lease, or land use agreement. The maximum sign allowance will not be affected by signage required.

D.

Legacy Signs. The city recognizes that some existing signs may not be fully compliant with the requirements of this chapter, but which, by virtue of their long-standing history and iconic design, contribute significantly and positively to the character of the community. Such signs, therefore, may be designated as legacy signs by resolution of the planning commission.

1.

A request that planning commission consideration be given to the designation of any specific sign as a legacy sign may be initiated by the owner of the sign, the owner of the property on which the sign is located, the Morro Bay Planning Commission, or by any member of the city council.

2.

A designated legacy sign shall be exempt from the requirements of Section 17.29.040, Standards for All Districts and Zones, through Section 17.29.110, Signs Outside of Designated Business Districts. Such

legacy signs, however, are fully subject to the standards established by Section 17.29.120, Performance Standards, through Section 17.29.140, Nonconforming, Unpermitted, and Illegal Signs. Additionally, a sign permit is required for a legacy sign.

E.

Sign Illumination Types. The sign illumination type is determined by the type of lighting that is employed to increase the sign's visibility. If a particular sign utilizes more than one form of illumination, the regulations of this chapter which relate to each of the sign illumination types shall apply.

1.

Non-Illuminated. A sign that incorporates no external or internal light source.

2.

Externally Illuminated. A sign that is illuminated by reflected light from an external light source placed or mounted near the sign. In this type of illumination, the light source itself is shielded and is not visible to the viewer.

==> picture [264 x 178] intentionally omitted <==

FIGURE 17.29.020(E)(2): EXTERNALLY-ILLUMINATED

3.

Internally Illuminated. A sign that is illuminated by light that radiates from an internal light source and passes through a translucent or transparent sign material. This sign illumination type includes individual channel letters with internal light sources.

==> picture [264 x 91] intentionally omitted <==

FIGURE 17.29.020(E)(3): INTERNALLY-ILLUMINATED

4.

Back Lit. A sign that consists of individual opaque letters and/or logos which are mounted in such manner that they are offset from a solid wall or other object and are illuminated only by the backwash of light upon the solid wall. The actual sources of light for a back lit sign are generally not directly visible.

==> picture [264 x 144] intentionally omitted <==

FIGURE 17.29.020(E)(4): BACK LIT

5.

Filament Lamp. A sign that incorporates incandescent light bulbs which are visible to the viewer as a design element. In modern times, LED, compact fluorescent, or other bulbs designed to emulate the appearance of an incandescent bulb might be substituted.

==> picture [264 x 195] intentionally omitted <==

FIGURE 17.29.020(E)(5): FILAMENT LAMP

6.

Neon. A sign that incorporates neon tubes which are visible to the viewer. (Note that an externally illuminated, internally illuminated, or back-lit sign which utilizes a neon tube as a light source would not be considered a "neon sign," as the tubes would not be visible to the viewer.)

==> picture [264 x 151] intentionally omitted <==

FIGURE 17.29.020(E)(6): NEON

7.

LED. A sign that incorporates light emitting diodes which are visible to the viewer. (Note that an externally illuminated, internally illuminated, or back-lit sign which utilizes LEDs as a light source would not be considered an "LED sign," as the LEDs would not be visible to the viewer.)

==> picture [264 x 134] intentionally omitted <==

FIGURE 17.29.020(E)(6): NEON

F.

Displays Not Considered Signs. The following types of displays are not considered to be signs and are not subject to the provisions of this chapter.

1.

Murals and Other Art. Artwork painted on, affixed to, or erected near buildings shall not be considered a sign unless such artwork includes logos, text, or graphics that advertise, represent, depict, or promote services, products, or activities offered by a commercial enterprise, as determined by the community development director. In the event that a relatively small area of commercial advertising exists on a display that is predominately artistic in nature, the community development director may elect to consider only the area actually covered by the advertising as a sign, counting against total allowable sign area.

2.

Festive Decorations. Displays and decorations erected in conjunction with a holiday, festival, or other celebratory event shall not be considered as signs unless:

a.

Such displays or decorations include logos, text, or graphics that advertise a business, service, product or other commercial enterprise, as determined by the community development director;

b.

Such displays or decorations are constructed earlier than six weeks before the date of the event being observed; or

c.

Such displays or decorations are permitted to remain in place for longer than two weeks after the date of the event being observed.

(Ord. No. 662, § 2, 12-13-23)

A.

Single-Faced Signs. A sign is considered to be single-faced if it lies within a single plane and is viewable from only one side of the plane. The area of a single-faced sign shall be defined as the area (height × width) of a quadrangle (square or rectangle) that encloses the extreme limits of all sign elements including decorative frames or borders, written copy, logos, symbols, illustrations, and color, but excluding mounting brackets and supporting posts or poles.

B.

Double-Faced Signs. A double-faced sign consists of two faces that are, at no point, three feet or farther apart and that are either parallel (back-to-back), or meet at an interior angle of forty-five degrees or less, or if extended would meet at an angle of forty-five degrees or less. The area of such a sign shall be counted as the area of a quadrangle that encloses the extreme limits of all sign elements of one of the sign faces. Where the faces are not equal in size, the larger sign face shall be used as the basis for calculating sign area.

C.

Multi-Faced Signs. A multi-faced sign is composed of three or more planar sign faces, or of two sign faces which are, at any point, a distance greater than three feet apart or which meet (or would meet if extended) at interior angle greater than forty-five degrees. The area of a multi-faced sign shall be calculated as the sum of the area of quadrangles that encloses the extreme limits of all sign elements of each one of the sign faces.

D.

Three-Dimensional Signs. Three dimensional signs consist of, incorporate, or have attached to them, one or more three-dimensional objects (i.e., balls, cubes, clusters of objects, sculpture, or statue-like trademarks). The area of such signs shall be defined as one and one-half times the surface area of two adjacent vertical

walls of an imaginary box that encloses the extreme limits of all sign elements including, but not limited to, sign structures or borders, written copy, logos, symbols, illustrations, and color, but excluding mounting brackets and supporting posts or poles.

E.

Special Considerations for Ground-Mounted Signs. In the case of architectural or pole-mounted signs, the entire sign structure, with the exception of supporting posts or poles shall be considered a sign face, and the sign area will be calculated as shown in the "framed sign" example in Figure 17.29.030. For monument signs, however, only that portion of the structure that is actually utilized for the display of written copy, logos, symbols, illustrations, or other information will be considered in computation of sign area.

==> picture [360 x 422] intentionally omitted <==

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

FIGURE 17.29.030: COMPUTATION OF SIGN AREA

F.

Computation of Façades.

Façade area is measured as the product of the façade length times the façade height. For the purposes of this chapter, façade height shall not include roof gables.

==> picture [360 x 378] intentionally omitted <==

FIGURE 17.29.030(F): FAÇADE CALCULATION

(Ord. No. 662, § 2, 12-13-23)

17.29.040 - Standards for all districts and zones.

The principles and regulations of Section 17.29.120, Performance Standards, through Section 17.29.140, Nonconforming, Unpermitted, and Illegal Signs, apply to all signs, whether temporary or permanent, in any area within the city. Likewise the provisions listed in this section apply regardless of whether a sign is permitted or exempt. See other applicable sign standards by following these steps:

• Review Table 17.29.040, Standards Applicable in All Districts, to determine what additional provisions might apply to the type of sign that is planned

• Refer to Figure 17.29.040, Sign District Map, to determine the sign district in which the planned sign will be located.

• Consult the section and table that applies to the anticipated sign district (Section 17.29.050, Embarcadero District, through Section 17.29.110, Signs Outside of Designated Business Districts) to determine what district-specific regulations and design standards may apply.

− For lodging establishments, regardless of sign district, see Section 17.29.090, Lodging Establishments.

− For properties in industrial zones, regardless of sign district, see Section 17.29.100, Industrial Zones.

A.

Location of Signs.

1.

No sign may be placed on public property, unless by the city of Morro Bay or other authorized governmental agency.

2.

No sign may be placed on private property without the expressed consent of the property owner or other agent legally empowered to provide such consent.

3.

Off-premise signs, including but not limited to billboards, are prohibited citywide.

4.

No commercial sign advertising, related to, or sponsored by a business or business activity may be placed in any zoning district in which such business or business activity is prohibited by applicable provisions of the Morro Bay Zoning Ordinance, unless the related business entity has been established as a legal nonconforming, conditional, or interim use.

5.

No commercial sign advertising, promoting, or offering products, services, or accommodations for sale, rent, lease, barter, or exchange may be placed in any zoning district in which such sale, rent, lease, barter, or exchange is prohibited by applicable provisions of the Morro Bay Zoning Ordinance.

6.

At sites, buildings, or groups of buildings which have more than one non-residential occupant, on-premise signs may be placed upon or attached to only that portion of the property, building, or group of buildings that is physically occupied by the occupant providing the goods or services advertised, unless a master sign program has been approved for the premises.

B.

Sign Standards.

1.

The sign standards listed in Table 17.29.040, Standards Applicable in All Districts, are applicable citywide.

2.

Unlike the citywide sign standards, allowable sign area and sign types are typically designated by district. See Figure 17.29.040, Sign District Map to determine what district your business is located in, then consult Section 17.29.050, Embarcadero District, through Section 17.29.110, Signs Outside of Designated Business Districts to determine allowable sign types and area.

3.

For lodging establishments see Section 17.29.090, Lodging Establishments.

4.

For signs located in industrial zones see Section 17.29.100, Industrial Zones.

5.

For signs that are not located in any of the designated commercial districts, including those in residential areas, see Section 17.29.110, Signs Outside of Designated Business Districts, or consult with the Morro Bay Planning Department.

TABLE 17.29.040: STANDARDS APPLICABLE IN ALL DISTRICTS

E: Embarcadero District; D: Downtown District; Q: Quintana Road District; M: North Main Street District; L: Allowed for Lodging Establishments in All Districts; I: Allowed Within Industrial Zoning in All Districts

==> picture [432 x 574] intentionally omitted <==

FIGURE 17.29.040: SIGN DISTRICT MAP

(Ord. No. 662, § 2, 12-13-23)

17.29.050 - Embarcadero district.

A.

Characterization of the District. The Embarcadero district is home to many of the tourist-serving businesses in Morro Bay. The Embarcadero district contains a dense collection of restaurants, hotels, bars, museums, gift shops, and recreation-based businesses.

B.

Purpose. The sign regulations for this district are intended to maintain the unique, beach town character of Morro Bay's waterfront. The Embarcadero district is dominated by pedestrians; the code promotes small scale signs and projecting type signs that are oriented towards pedestrians and bicyclists. With the prohibition of pole signs, the code also aims to maximize access to and views of the bay from the street and walkways.

C.

Design Standards for Signs in the Embarcadero District. The following design guidelines are not intended to stifle innovative and creative signage in this district. To the contrary, they are intended to promote a thoughtful approach to the design and appearance of signs that will enhance the overall ambiance and distinctive architectural style of the Embarcadero. The sign design guidelines establish a broad framework within which creativity and individuality are welcome. Signs which appear "generic," mass-produced, or excessively commercial are, in fact, strongly discouraged.

Signage in the Embarcadero district should respect and be consistent with the architectural design guidelines established by the waterfront master plan and the downtown waterfront strategic plan. In order to conform to the concepts articulated by the waterfront master plan, signs in this district shall conform to the following guidelines:

1.

Utilize natural or "industrial" materials that are typically associated with the commercial fishing industry. Such materials might include, among others, wood, stone, art glass, ceramics, concrete, canvas, raw steel, brass, and copper. The use of rigid or flexible plastics, fiberglass, or enameled light gauge sheet metal is not permitted.

2.

Be consistent with the architectural style and color of the building with which they are associated and with other signs related to the site. All of the signs associated with a particular lease site or structure must share a common, identifiable font and design theme and a common color palette that is compatible with and complementary to the building to which they relate.

3.

Utilize muted colors and weathered or distressed finishes consistent with an appearance that has "evolved over time." Excessively bright, fluorescent, or primary colors are not acceptable.

4.

Be placed in locations which are logical and compatible with the style and symmetry of the façade on which they are located.

5.

Be designed and sited to minimize interference with public views to and along the bay from any lateral or vertical accessway or required view corridor.

6.

Not be so large or numerous as to obscure or detract from the architecture of the building with which they are associated. See Table 17.29.050, Allowable Sign Types and Sign Area, Embarcadero District.

7.

Be non-illuminated or illuminated only externally. Signs that are internally illuminated, filament lamp signs, or neon signs are not permitted in the Embarcadero district. See Table 17.29.050 regarding limited acceptability of neon or LED illumination.

8.

Only non-illuminated signs are allowed on the rear, western, bay-facing sides of buildings on the waterfront to prevent glare and light pollution into the bay.

Signs indicating or directing the public to lateral or vertical coastal access should conform to any applicable standards or design guidelines established by the California Coastal Commission. Table 17.29.050, Allowable Sign Types and Sign Area, Embarcadero District, identifies all allowable sign types and specifications for businesses located in the Embarcadero district. If a sign type does not appear in Table 17.29.050, it is prohibited in this district.

D.

Additional Applicable Regulations.

1.

See Table 17.29.040, Standards Applicable in All Districts, for additional regulations that apply citywide to each sign type.

2.

See Section 17.29.120, Performance Standards, for performance standards that apply to all signs citywide.

3.

If property has three or more tenants, see also Section 17.29.150, Signage at Multi-Business Sites: Master Sign Program.

4.

If property has two tenants, façade calculations are determined by business façade, not overall building façade.

If illumination or lighting of any kind is proposed on or around signs, see Section 17.29.020 E, Sign Illumination Types, and 17.29.120 D, Illumination.

6.

If a business is near the edge of a district, please consult with planning staff to confirm appropriate district designation.

==> picture [432 x 557] intentionally omitted <==

FIGURE 17.29.050: EXAMPLES OF EMBARCADERO DISTRICT SIGNS

TABLE 17.29.050: ALLOWABLE SIGN TYPES AND SIGN AREA, EMBARCADERO DISTRICT

Prohibited Lighting Types: Internally Lit Signs, Filament Lamp Sign, Neon Sign, LED Sign[2, 3]

1 All signs must be displayed on the frontage for which they are allowed and cannot be moved to another frontage. Minimum of 30' of spacing required between projecting signs. 2 Except that Window Signs no larger than 5 sq. ft. in area may use neon or LED illumination, provided that all lighting elements are illuminated continuously and do not flash, blink, or create an illusion of motion.

3 LED lights may be allowed if certified under the LEED™ Green Building Rating System or equivalent and illumination is a low lumens warm temperature light and Dark Sky qualified.

(Ord. No. 662, § 2, 12-13-23)

A.

Characterization of the District. The downtown district houses a combination of resident-serving and tourist-serving businesses. While there are many restaurants, gift shops and galleries, the district also contains banks, shopping markets, offices, and service-based businesses such as automobile repair

shops. The downtown is accessed by pedestrians, cyclists, and persons traveling by automobile. Vehicular traffic, however, tends to be low-speed and traffic lanes are relatively close to store fronts, so that large signs or those mounted high above ground level have limited utility.

B.

Purpose. The sign regulations for this district are intended to preserve the small-town character that residents, tourists, and business owners enjoy. The code is designed to eliminate excessive signage while promoting pedestrian-oriented signs.

C.

Design Standards for Signs in the Downtown District. Until the adoption of the downtown waterfront strategic plan in 2018, the downtown district has not been covered by any adopted document that defines the character of or sets out visual guidelines for the area. Signage in the downtown has been developed over the years in a spontaneous and organic manner. This evolutionary process has been driven forward by the energies and imaginations of individual business owners and has produced signage which is distinctive, individualized, and highly creative. Fanciful images and whimsy are often featured. In many instances, signs in the downtown are, in fact, true pieces of folk art. Signs which appear "generic," mass-produced, or excessively commercial are strongly discouraged.

A few remaining historic signs in the downtown blend seamlessly with new signage and add visual character to the streetscape.

In order to preserve the eclectic and interesting character of signage in the downtown district, new signs shall conform to the following guidelines, in addition to the design guidelines established by the downtown waterfront strategic plan:

1.

Utilize natural or "industrial" materials that are typically associated with the commercial fishing industry. Such materials might include, among others, wood, stone, art glass, ceramics, concrete, canvas, raw steel, brass, and copper. The use of rigid or flexible plastics, fiberglass, or enameled light gauge sheet metal is not permitted.

2.

Be individualized and creative in appearance, incorporating images, fonts, and materials that are visually interesting and contribute positively to the eclectic character of the district.

3.

Incorporation or display of logos of national or regional retail organizations shall match the pallet and style of the surrounding area.

4.

Signs must be non-illuminated, externally illuminated, back-lit, or lighted by means of filament or neon lamps. Signs that are internally illuminated are not permitted in the downtown district.

Mechanical changeable copy signs of the marque type are allowed in the downtown sign district. Other mechanical changeable copy signs are prohibited.

D.

Additional Applicable Regulations.

1.

See Table 17.29.040, Standards Applicable to All Districts, for additional regulations that apply citywide to each sign type.

2.

See Section 17.29.120, Performance Standards, for performance standards that apply to all signs citywide.

3.

If property has three or more tenants, see also Section 17.29.150, Signage at Multi-Business Sites: Master Sign Program.

4.

If property has two tenants, façade calculations are determined by business façade, not overall building façade.

5.

If illumination or lighting of any kind is proposed on or around signs, see Sections 17.29.020 E, Sign Illumination Types, and Section 17.29.120 D, Illumination.

6.

If a business is near the edge of a district, please consult with planning staff to confirm appropriate district designation.

==> picture [432 x 540] intentionally omitted <==

FIGURE 17.29.060: EXAMPLES OF DOWNTOWN DISTRICT SIGNS

(Ord. No. 662, § 2, 12-13-23)

A.

Characterization of the District. The Quintana Road district contains many of the city's larger commercial buildings, shopping malls, and gas stations. Due to the presence of large parking lots and a lack of proximity to residential neighborhoods or visitor-serving accommodations, businesses in this district are most often accessed by persons traveling in automobiles. Local topography, however, severely limits the visibility of the Quintana district and any associated signage from State Highway 1. The relatively high posted speed limit (sixty-five mph) and limited egress opportunities from Highway 1 also suggest that motorists traveling on this route are not a likely target audience for signs erected in the Quintana district.

• The Quintana Road district comprises a mix of local businesses, regional chain stores, and national retail chains and gasoline outlets. Many of the customers for these establishments are locals who have a particular destination in mind. Existing signage is largely utilitarian and recognizable brand names and logos are not uncommon.

• The primary vehicular access to this district is provided by Quintana Road. Due to topography and the existing pattern of development, however, many businesses in this district are not actually visible from this

thoroughfare. This presents a special challenge with regard to signage.

B.

Purpose. The sign regulations for this zone focus on allowing large-scale commercial and industrial businesses adequate signs that are proportionate to the associated structures and on promoting motorist and cyclist safety by requiring that signs are clear and legible from the road.

C.

Design Standards for Signs in the Quintana District. Signage in the Quintana Road district tends to be more informational than promotional. It more often serves to provide potential customers with the location of a business they are seeking, rather than entice them to visit a previously unknown site. Readability to drivers and occupants of vehicles traveling at approximately twenty-five to thirty-five mph is of primary importance. To these ends signs in the Quintana sign district shall conform to the following guidelines:

1.

Signs for businesses that front directly on Quintana Road should, when feasible, be mounted perpendicular to the direction of travel at that point.

2.

Signs should exhibit high contrast between background and lettering.

3.

Lettering should be a minimum of six inches in height and should utilize a mix of upper- and lower-case characters.

4.

Use of simple typeface is preferred over heavily flourished or ornamented fonts.

5.

For businesses that are affiliated with national companies or chains, the inclusion of readily recognizable trademarks or logos may be useful to improve readability.

6.

At multi-business sites, a master sign program is required and can allow additional freestanding signs near Quintana Road, serving to direct motorists to the correct entrance driveway. See 17.29.150, Signage at Multi-Business Sites: Master Sign Program.

7.

Sign heights should be low enough to allow motorists to read the message as they approach the entrances to businesses. Ground-mounted signs should be of the monument or architectural type, and pole signs are

not permitted. Surface-mounted signs of the wall or projecting type are recommended over roof or window signs.

8.

Mechanical changeable copy signs are allowed in the Quintana Road sign district.

Table 17.29.070, Allowable Sign Types and Sign Area, Quintana District, identifies all allowable sign types and specifications for businesses located in the Quintana district. If a sign type does not appear in Table 17.29.070, it is prohibited in this district.

D.

Additional Applicable Regulations.

1.

See Table 17.29.040, Standards Applicable to All Districts, for additional regulations that apply citywide to each sign type.

2.

See Section 17.29.120, Performance Standards, for performance standards that apply to all signs citywide.

3.

If property has three or more tenants, see also Section 17.29.150, Signage at Multi-Business Sites: Master Sign Program.

4.

If property has two tenants, façade calculations are determined by business façade, not overall building façade.

5.

If illumination or lighting of any kind is proposed on or around signs, see Sections 17.29.020 E, Sign Illumination Types, and Section 17.29.120 D, Illumination.

6.

If a business is near the edge of a district, please consult with planning staff to confirm appropriate district designation.

==> picture [432 x 584] intentionally omitted <==

FIGURE 17.29.070: EXAMPLES OF QUINTANA DISTRICT SIGNS

TABLE 17.29.070: ALLOWABLE SIGN TYPES AND SIGN AREAS, QUINTANA DISTRICT

(Ord. No. 662, § 2, 12-13-23)

A.

Characterization of the District. The North Main district is a highly heterogeneous area that includes residential, light industrial, neighborhood commercial, and visitor-serving commercial land uses. From the geographic configuration of land uses established by city planning documents, it appears that the historical intent for this area was that it would serve the needs of motorists traveling on State Highway 1. Over the years, however, Highway 1 has been widened to four lanes, the speed limit on this route has been increased to fifty-five—sixty-five mph, and opportunities for egress have been greatly restricted. Consequently, the potential customer base for businesses in the North Main Street district has shifted from itinerant travelers to local residents.

The intersection of North Main Street and Highway 41 represents, to a degree, an exception to this general rule. This intersection is controlled by a four-way stop sign, so that travelers arriving westbound on Highway 41 are required to slow significantly and could represent an additional "target audience" for signage in the immediate vicinity of this intersection. The Highway 41/North Main Street intersection presents several challenges with respect to signage:

a.

Intensifying commercial development at this site presents a risk that signage will become less effective due to a large number of individual signs that are presented against a relatively cluttered background.

b.

Some businesses to the south of Highway 41 are relatively distant from the roadway and are substantially lower than traffic, factors which tend to impair their visibility.

c.

The proximity of this intersection to Morro Bay High School results in the intermittent presence of large number of pedestrian and bicycling students.

d.

Traffic leaving the intersection on Highway 41 eastbound often accelerates quickly to speeds that are greater than seen in other parts of the North Main district.

e.

Anticipated improvements to the intersection may displace some existing signs and must be taken into account when planning the locations for new signage.

2.

The North Main district contains a mixture of neighborhood commercial (e.g., grocery stores, hardware store), visitor-serving uses (e.g., motels, hotels), and businesses that are of interest to both tourists and locals (restaurants, antique shops). Although the majority of businesses are independent enterprises, some of the more recently-established ones are affiliated with national chains and may benefit from signage that includes readily recognized logos.

B.

Purpose. The regulations for this district should promote signs that are legible and appealing to pedestrians, bicyclists, and motorists traveling along North Main Street and on State Highway 41. Regulations are also intended to minimize any negative aesthetic impacts of signs erected on North Main Street with regard to motorists traveling on Highway 1.

C.

Design Standards for Signs in the North Main Street District. Signage in the North Morro Bay district should be targeted toward motorists traveling at relatively low speed (thirty—forty mph) along North Main Street

and at somewhat higher speeds (forty—fifty mph) on Highway 41. As both the Quintana Road and North Main districts require signage that is effective and readable to persons traveling in motor vehicles, the design guidelines for these two districts are similar. Signs in the North Main district shall conform to the following guidelines:

1.

Signs for businesses that front directly on North Main Street or on Highway 41 should, when feasible, be mounted perpendicular to the direction of travel at that point.

2.

Signs should exhibit high contrast between background and lettering.

3.

Lettering should be a minimum of six inches in height along North Main Street and a minimum of eight inches in height along Highway 41, and should utilize a mix of upper- and lower-case characters.

4.

The use of simple typeface is preferred over heavily flourished or ornamented fonts.

5.

For businesses, especially visitor-serving businesses, that are affiliated with national companies or chains, the inclusion of readily recognizable trademarks or logos is encouraged.

6.

At multi-business sites, a master sign program is required and can allow additional freestanding signs on North Main Street or on Highway 41. See Section 17.29.150, Signage at Multi-Business Sites: Master Sign Program.

7.

Sign heights should be low enough to allow a motorist to read the message without diverting his/her gaze upward from nearby traffic and pedestrians. Ground-mounted signs should be of the monument or architectural type, and pole signs are not permitted.

8.

The location of new signs should be planned so as to avoid the area that would be required for construction of a traffic circle at the Highway 41/North Main Street intersection.

9.

Mechanical changeable copy signs are allowed in the North Main sign district.

Signage that would draw motorist's attention and concentration away from the road is highly undesirable.

Table 17.29.080, Allowable Sign Types and Sign Area, North Main District, identifies all allowable sign types and specifications for businesses located in the North Main Street district. If a sign type does not appear in Table 17.29.080, it is prohibited in this district.

D.

Additional Applicable Regulations.

1.

See Table 17.29.040, Standards Applicable to All Districts, for additional regulations that apply citywide to each sign type.

2.

See Section 17.29.120, Performance Standards, for performance standards that apply to all signs citywide.

3.

If property has three or more tenants, see also Section 17.29.150, Signage at Multi-Business Sites: Master Sign Program.

4.

If property has two tenants, façade calculations are determined by business façade, not overall building façade.

5.

If illumination or lighting of any kind is proposed on or around signs, see Sections 17.29.020 E, Sign Illumination Types, and Section 17.29.120 D, Illumination.

6.

If a business is near the edge of a district, please consult with planning staff to confirm appropriate district designation.

==> picture [432 x 573] intentionally omitted <==

FIGURE 17.29.080: EXAMPLES OF NORTH MAIN DISTRICT SIGNS

TABLE 17.29.080: ALLOWABLE SIGN TYPES AND SIGN AREA, NORTH MAIN DISTRICT

(Ord. No. 662, § 2, 12-13-23)

A.

Purpose. The following regulations apply to lodging establishments in ALL districts. Lodging

establishments in the city are located in both residential and commercial zones, and have unique requirements that do not coincide with the signage needs of other types of businesses. The regulations in this section are intended to promote signs that attract potential customers and that are also appealing to both residents and tourists.

B.

Design Standards for Signs Associated with Lodging Establishments. Signs associated with lodging establishments should be consistent with the design standards for the business district in which the establishment is located.

C.

Additional Applicable Regulations.

1.

See Table 17.29.040, Standards Applicable to All Districts, for additional regulations that apply citywide to each sign type.

2.

See Section 17.29.120, Performance Standards, for performance standards that apply to all signs citywide.

3.

If property has three or more tenants, see also Section 17.29.150, Signage at Multi-Business Sites: Master Sign Program.

4.

If property has two tenants, façade calculations are determined by business façade, not overall building façade.

5.

If illumination or lighting of any kind is proposed on or around signs, see Sections 17.29.020 E, Sign Illumination Types, and Section 17.29.120 D, Illumination.

6.

If a business is near the edge of a district, please consult with planning staff to confirm appropriate district designation.

TABLE 17.29.090: ALLOWABLE SIGN TYPES AND SIGN AREA, LODGING ESTABLISHMENTS

1. All signs must be displayed on the frontage for which they are allowed and cannot be moved to another frontage. Minimum of 30 ft. of spacing required between projecting signs.

2. Signs that are within or adjacent to residential zones shall not be illuminated after ten p.m. regardless if business is open or closed.

(Ord. No. 662, § 2, 12-13-23)

17.29.100 - Industrial zones.

A.

Purpose. The following regulations apply to businesses located in industrial zones in ALL districts.

Industrial businesses have unique requirements that do not coincide with the signage needs of other types of businesses.

B.

Design Standards for Signs in Industrial Zones. Signs associated with businesses in industrial zones should be consistent with the design standards for the business district in which the industrial zone is located.

C.

Additional Applicable Regulations.

1.

See Table 17.29.040, Standards Applicable to All Districts, for additional regulations that apply citywide to each sign type.

2.

See Section 17.29.120, Performance Standards, for performance standards that apply to all signs citywide.

3.

If property has three or more tenants, see also Section 17.29.150, Signage at Multi-Business Sites: Master Sign Program.

4.

If property has two tenants, façade calculations are determined by business façade, not overall building façade.

If illumination or lighting of any kind is proposed on or around signs, see Sections 17.29.020 E, Sign Illumination Types, and Section 17.29.120 D, Illumination.

6.

If a business is near the edge of a district, please consult with planning staff to confirm appropriate district designation.

TABLE 17.29.100: ALLOWABLE SIGN TYPES AND SIGN AREA, INDUSTRIAL DISTRICTS

(Ord. No. 662, § 2, 12-13-23)

17.29.110 - Signs outside of designated business districts.

A.

Lodging Establishments (regardless of Sign District). See Section 17.29.090, Lodging Establishments.

B.

Industrial General (IG) District. See Section 17.29.100, Industrial Districts.

C.

Other Nonresidential Districts. Consult with the community development director to determine which district standards are most appropriate to the nature of the site.

D.

Residential Districts. See Table 17.29.110, Sign Standards for Residential Districts.

E.

Additional Applicable Regulations.

1.

See Table 17.29.040, Standards Applicable to All Districts, for additional regulations that apply citywide to each sign type.

2.

See Section 17.29.120, Performance Standards, for performance standards that apply to all signs citywide.

3.

If property has three or more tenants, see also Section 17.29.150, Signage at Multi-Business Sites: Master Sign Program.

4.

If illumination or lighting of any kind is proposed on or around signs, see Sections 17.29.020 E, Sign Illumination Types, and Section 17.29.120 D, Illumination.

5.

If a business is near the edge of a district, please consult with planning staff to confirm appropriate district designation.

TABLE 17.29.110: SIGN STANDARDS FOR RESIDENTIAL DISTRICTS

(Ord. No. 662, § 2, 12-13-23)

A.

Public Nuisance Prohibited. Regardless of whether or not a permit is required, no sign may be constructed or placed in such manner as to create a public hazard or nuisance.

B.

Code Compliance. Permanent signs and supporting structures thereof shall be installed in accordance with the building code.

C.

Emissions and Noise. No sign may emit visible smoke, vapor, bubbles, confetti, particles, or detectable odor, or be made with mechanical equipment that creates noise.

D.

Illumination. Signs with any type of illumination are subject to all of the following standards:

1.

All lighting is subject to necessary electrical permits.

2.

All newly fabricated illuminated signs shall incorporate light-emitting diodes (LEDs) or an equally energy efficient light source.

3.

Illuminated signs that are larger than ten square feet in area shall not be switched on during daylight hours. All newly fabricated signs larger than ten square feet in area shall incorporate an automatic, light-activated

on/off switch.

4.

All illuminated signs shall be turned off by ten p.m. or at the time the business closes, whichever is later. Excluding lodging establishments, except when adjacent or within residential districts.

5.

External lighting shall be properly shielded to prevent glare upon an adjacent public right-of-way or adjacent property.

6.

Illumination shall be constant in intensity and color and shall not consist of flashing, animated or changing lights as to not be distracting to pedestrians, motorists, or neighboring property.

7.

No sign shall emit or reflect light exceeding ten foot-candle power at ten feet from the face of the sign.

8.

Waterfront properties shall not have any illuminated signs on the western, bay-facing façades to prevent glare into the bay

E.

Animation or Movement. No sign may incorporate, in any manner, any moving part or parts or any flashing, moving, rotating, pulsating or intermittent lighting, with the exception of approved time and temperature displays and barber poles.

F.

Attention-Getting Devices. No sign or any other advertising display may incorporate flags, banners, or streamers constructed of cloth, canvas, light fabric, paper, cardboard, wallboard or other light materials which are suspended, mounted, or attached in a manner which allows movements of the sign by atmospheric conditions; nor may any sign incorporate searchlights, string lights, rope lights, festoon lights, flashing lights, balloons, bubbles, fans, or similar devices for attracting attention. This definition, however, shall exclude fabric signs which are securely and permanently attached to a rigid framework (e.g. awning signs as defined in this chapter) or building in a manner which inhibits movement, and fabric projecting signs which are securely and permanently anchored on at least two opposite sides.

G.

Changeable Copy Signs. For the purpose of this ordinance, blackboards and whiteboards are not considered changeable copy signs.

Electronic Changeable Copy Signs. No sign shall be designed so that characters, letters, or illustrations can be changed or rearranged electronically without altering the face or surface of the sign.

2.

Mechanical Changeable Copy Signs. Signs that are designed so that characters, letters, or illustrations can be changed or rearranged mechanically shall not be allowed unless specified in the sign district design guidelines.

H.

Electronic Images. No sign may display still or moving images which have been electronically recorded or stored or which have been received from an off-site source or service.

I.

Inflatable Sign Elements. No sign shall incorporate any element or elements that are made of flexible material designed to be filled with gas or air.

J.

Tire Stacks. No sign shall be placed on, attached to, or supported by stacked tires.

K.

Vehicle Display. No sign shall be mounted, placed or displayed on a vehicle, trailer, or boat, with the exception of:

1.

Signs advertising such vehicle, trailer, or boat for sale in locations where sale of vehicles is permitted.

2.

Those signs and displays described in Section 21100(p)(2) of the California Vehicle Code.

L.

Obscenities. No sign shall include matter that is offensive or disgusting by accepted standards of morality and decency.

M.

Egress. No sign may obstruct any fire escape, required exit, window or door opening intended as a means of egress.

N.

Ventilation. No sign may interfere with any opening required for ventilation.

O.

Persons or Animals. No human or animal shall be used as advertising such that the advertising is intended to, or does in fact, attract the attention of passing motorists to a business or service; and where such advertisement constitutes an off-premise sign.

P.

Traffic Hazard. No sign may be located in such a manner as to constitute a traffic hazard or obstruct the view of any authorized traffic sign or signal device, nor may any sign be constructed in a manner that can be confused with any authorized traffic sign, signal, or device.

Q.

Interference with Pedestrians. No sign shall be placed or constructed on a sidewalk, dock, pier, boardwalk, or designated coastal accessway if such sign, in any way, impedes the right-of-way for pedestrians or with egress of occupants from legally parked vehicles or vessels.

R.

Interference with Harbor-Related Activity. No sign shall be placed or constructed on a sidewalk, dock, pier, boardwalk, or designated coastal accessway if such sign, in any way, impedes the free movement, loading, or unloading of watercraft or interferes with commercial harbor-related industry. A dock sign may only be placed on docks or gangways owned, leased, rented, or otherwise legally controlled by the sign's owner.

S.

Obstruction of Protected View Corridors. Within the area of the city encompassed by the waterfront master plan, no sign or other display greater than thirty inches in height shall be placed or constructed in any view corridor established by a coastal development permit. An exception to this provision may be made by the community development director for signs required to ensure public safety or signs indicating coastal access if the director determines that a height greater than thirty inches is necessary to accomplish the sign's intended purpose.

T.

Interference with Utilities. No sign may be placed or constructed that fails to maintain clearance from or interferes with electrical conductors, communications equipment or lines, surface and underground facilities and conduits for water, sewage, gas, electricity and communications equipment or lines. Signs shall not be placed in public utility easements unless express written permission from the affected public utility is obtained.

U.

Materials. No permanent sign may be constructed of insubstantial materials that will be subject to rapid deterioration, as determined by the community development director. This provision, however, shall not apply to temporary signs or to signs mounted on the interior surface of a window.

V.

Orientation. With the exception of projecting (pub) signs, no sign may be placed or constructed which is so oriented as to be viewed primarily across an adjacent private property line. All signs must be visible directly from a public right-of-way, other public open space or from a parking lot, walkway, or courtyard on the same site as the sign, without view lines extending over private property different from that on which the sign is located.

(Ord. No. 662, § 2, 12-13-23)

17.29.130 - Maintenance, abandonment, and removal of signs, substitution of message.

A.

Maintenance.

1.

All signs, together with all supporting structures, shall be maintained as follows:

a.

Signs shall be kept free of rust, dirt, and of chipped, cracked, or peeling paint unless they are included in the original sign design.

b.

All hanging, dangling, torn, or frayed parts of signs shall be promptly repaired and graffiti and unauthorized attachments shall be removed.

c.

Burned-out illumination shall be replaced immediately.

d.

Sign areas shall be kept free and clear of noxious substances, rubbish, and weeds.

2.

If a sign is removed from its supporting structure for longer than sixty days, the supporting structure shall be removed.

3.

Any sign deemed unsafe by a building official shall be removed or fixed within three days of written notice.

4.

Every sign, including those signs for which no permit is required, together with all supports braces, guys, and anchors shall be maintained in a safe, presentable, and good structural condition at all times. The display surfaces of all signs shall be kept neatly painted, posted, or otherwise maintained at all times. The owner of property on which the sign is located shall be responsible for the condition of the area in the

signs for which no permit is required, together with all supports braces, guys, and anchors shall be maintained in a safe, presentable, and good structural condition at all times. The display surfaces of all signs shall be kept neatly painted, posted, or otherwise maintained at all times. The owner of property on which the sign is located shall be responsible for the condition of the area in the

vicinity of the sign, and shall be required to keep this area clear, sanitary, and free from noxious or offensive substances, rubbish, and flammable waste materials.

5.

Any temporary sign which is no longer safe, presentable, and structurally sound shall be immediately removed by the owner.

B.

Abandonment. The following signs shall be presumed to be abandoned.

1.

Located on Property. Any sign which is located on property that becomes vacant and is unoccupied for a period of sixty days or longer.

2.

Unrelated to Property. Any sign which describes, references, or pertains to an occupant or business other than the present occupant or business.

3.

Time, Event, or Purpose Sign. Any sign which pertains to a time, event, or purpose which no longer exists.

C.

Removal. Abandoned signs are deemed a public nuisance due to their misleading and distracting nature and due to their contributing to visual blight, and are deemed detrimental to surrounding areas and the community generally. An abandoned sign is prohibited and shall be removed by the property owner.

D.

Substitution of Sign Message. The owner of a legal, permitted sign may substitute a non-commercial message for a commercial message.

(Ord. No. 662, § 2, 12-13-23)

A.

Purpose. The following regulations apply to signs throughout the city that do not comply with the regulations in this chapter. Section 17.29.170, Sign Permits, also has provisions the city shall utilize to bring nonconforming signs into compliance.

B.

Legal Nonconforming Signs. Signs existing prior to January 1, 2017, that do not comply with the provisions of this chapter but that were legally erected pursuant to applicable state and city ordinances in effect at the

time of construction and after issuance of any permit required at the time of their construction shall be regarded as nonconforming signs, and shall be subject to the following:

1.

Limited Expansion. Changes may be made to the sign face, copy, graphic design, or color of a nonconforming sign provided that such changes can be made without removal of the sign. A nonconforming sign, however, may not be expanded, extended, reconstructed, or altered in location or orientation so as to enable it to be read or viewed from a different direction than its original positions.

2.

Abatement of Legal, Nonconforming Signs. A nonconforming sign shall be removed or otherwise made to conform to the provisions of this chapter under the following circumstances:

a.

Deterioration. When a nonconforming sign becomes deteriorated or dilapidated to the extent of over fifty percent of the physical value it would have if it had been maintained in good repair, it must be removed within sixty days after receiving notice from the community development department. If an ill-maintained sign cannot be adequately valued and assessed, the community development director may require that such sign be removed or repaired.

b.

Site Reconstruction or Repair. Whenever the physical structures on a commercial property are replaced or renovated, all nonconforming signs at the site shall be removed or made to conform to the provision of this chapter. This requirement, however, may be waived by the community development director if the property owner provides credible documentation that the cost of abating nonconforming signage would exceed ten percent of the cost of the proposed reconstruction or repairs.

c.

Tidelands Lease Agreements. Whenever the city of Morro Bay enters into a Tidelands lease agreement with any individual or business entity, whether as a new agreement or a lease renewal, a requirement that all nonconforming signs at the site be removed or made to conform to the provision of this chapter shall be incorporated into such lease agreement.

3.

Other Requirements. Nonconforming signs are also subject to the provisions of Chapter 17.27, Nonconforming Uses, Structures, and Lots.

C.

Unpermitted Signs. Any sign that was placed, erected, or constructed or which is maintained without the owner having obtained such sign permit as may have been required at the time of its placement, erection, or construction, but which is otherwise in conformance with all of the applicable provisions and standards of this chapter shall be termed an unpermitted sign.

1.

An unpermitted sign may become legalized if the owner submits a sign permit application on his/her own initiative or within ten days of receiving notice from the city. Such application, if received by the planning department within six months after the date of adoption of this ordinance, must be accompanied by payment of the fee established by the city for the processing of a sign permit application. If such application is received at a time greater than six months after the adoption of this ordinance, it must be accompanied by a fee equal to double the fee established for the processing of a timely sign permit application. If a sign permit is approved the sign shall be deemed to be legal and may remain in its current state.

2.

Failure to either remove an unpermitted sign or to submit a sign permit application within five days after receiving notice from the city shall be considered a violation of this title and subject to provisions in the MBMC, specifically regulations in public nuisances Chapter 8.14 and Title 1.

D.

Illegal Signs. Any sign which was placed, erected or constructed or which is maintained without the owner having obtained such sign permit or sidewalk sign permit as may have been required at the time of its placement, erection, or construction, and which is in violation of any applicable provision of Sections 17.29.040, Standards for All Districts and Zones, through 17.29.130, Maintenance, Abandonment, and Removal of Signs, Substitution of Message, or any other chapter of this title, or of any other federal, state, or local law is an illegal sign. Additionally, any sign which would otherwise be an exempt sign, but which was placed or erected without the thirty-day notice required by Section 17.29.020 B, Sign Types, shall be considered an illegal sign. The community development director shall order that such sign be brought into compliance with the provisions of the chapter or be abated as a public nuisance under public nuisances chapter of the municipal code (8.14).

1.

If the illegal sign is not a primary business sign (see definition in Section 17.29.200, Definitions), any work required to be done shall be completed or the sign shall be removed within ten days of the order, unless otherwise specified in writing.

2.

If the illegal sign is a primary business sign which was erected or placed prior to the date of enactment of this ordinance, the maximum allowable time for completion of any work required shall be specified by the community development department, as follows in the table below. Specification of a maximum allowable completion time greater than ninety days shall be contingent on the applicant providing a credible estimate of the cost of repair or replacement to the planning department within thirty days of illegal sign notification.

TABLE 17.29.140: ALLOWABLE TIME FOR ILLEGAL SIGNS Cost of Repair or Replacement Allowable Time Less than $500 90 days

3.

If the illegal sign is a primary business sign which was erected or placed after the date of enactment of this ordinance, any work required to bring the sign into compliance with the provisions of this chapter or the sign shall be removed within ten days of the date of such order, unless otherwise specified in writing.

4.

Failure to remove an illegal sign within the time limits specified above shall be considered a violation of this title (see Section 17.29.180, Exceptions and Appeals).

(Ord. No. 662, § 2, 12-13-23)

17.29.150 - Signage at multi-business sites: master sign program.

A.

Additional Sign Provisions for Signs at Multiple-Business Sites (3+ Business Tenants)

1.

Shopping Center.

a.

A shopping center is defined as an establishment consisting of three or more businesses that:

i.

Are located in buildings on a single parcel, either detached or attached,

ii.

Are designed to be accessible to persons traveling by automobile and provide all required parking spaces on site, and

iii.

Exhibit a unified or common architecture.

b.

In addition to the signage allowable to individual businesses within a shopping center by Section 17.29.050, Embarcadero District, through Section 17.29.100, Industrial Zones, the shopping center as an

entity shall be allowed one additional sign on each major street frontage or pedestrian entrance, subject to the following conditions:

i.

Signs allowable under this provision shall be of the architectural or monument type.

ii.

Minimum sign height shall be six feet and maximum height shall be eight feet.

iii.

Maximum sign area shall be eighty square feet per sign and maximum total sign area shall be one hundred sixty square feet.

iv.

The design of the signs shall be consistent with the architecture of the buildings comprising the shopping center.

c.

Construction of any sign in accordance with this section shall require approval of a master sign program, as described in Section 17.29.150 B, Master Sign Program.

d.

No business located within a shopping center will be permitted an individual pole, architectural, or monument type sign.

2.

Retail Cluster.

a.

A retail cluster is defined as an establishment consisting of three or more business that:

i.

Are located in buildings on a single parcel, either detached or attached;

ii.

Are designed to be primarily accessible to persons parking in public facilities or on public streets and traveling on foot;

iii.

Exhibit a unified or common architecture; and

iv.

Include at least one business that offers merchandise for sale.

b.

In addition to the signage allowable to individual businesses within a retail center by Section 17.29.050, Embarcadero District, through Section 17.29.100, Industrial Zones, the retail cluster as an entity shall be allowed one additional sign on each major street frontage or pedestrian entrance, subject to the following conditions:

i.

The sign allowable under this provision shall be of the architectural or monument type.

ii.

Minimum sign height shall be four feet and maximum height shall be six feet.

iii.

Maximum sign area shall be forty square feet.

iv.

The design of the sign shall be consistent with the architecture of the buildings comprising the retail cluster.

c.

Construction of any sign in accordance with this section shall require approval of a master sign program, as described in Section 17.29.150 B, Master Sign Program.

d.

No business located within a retail cluster will be permitted an individual pole, architectural, or monument type sign.

3.

Professional Building.

a.

A professional building is defined as an establishment consisting of three or more businesses that:

i.

Are located in buildings on a single parcel, either detached or attached;

ii.

Are designed to be accessible both to persons parking in public facilities or on public streets and to those parking on site;

iii.

Exhibit a unified or common architecture;

iv.

Include at least one business that offers medical, dental, optometric, psychological or psychiatric, legal, financial, secretarial, engineering, technological, architectural, design, or other similar services to the general public; and

v.

Offer only such retail sales as are clearly subsidiary to and supportive of the professional services available at the site (e.g., pharmacy, supplier of durable medical equipment).

b.

In addition to the signage allowable to individual businesses within a professional building by Section 17.29.050, Embarcadero District, through 17.29.100, Industrial Zones, the professional building as an entity shall be allowed one additional sign, subject to the following conditions:

i.

The sign allowable under this provision shall be of the architectural or monument type.

ii.

Minimum sign height shall be four feet and maximum height shall be six feet.

iii.

Maximum sign area shall be forty square feet.

iv.

The design of the sign shall be consistent with the architecture of the buildings comprising the professional building.

c.

Construction of any sign in accordance with this section shall require approval of a master sign program, as described in Section 17.29.150 B, Master Sign Program.

d.

No business located within a professional building will be permitted an individual sign of the pole, architectural, or monument type.

B.

Master Sign Program.

1.

Purpose. Master sign programs establish criteria for multi-tenant properties that ensure signage is uncluttered, consistent, and fairly distributed between tenants.

2.

Approval Body. Master sign programs shall be an administrative level permit unless the proposed signage is greater than permitted, in which case the planning commission or, on appeal, the city council will be the decision making authority.

3.

Applicability.

a.

Any site having three or more non-residential occupants shall submit a master sign program (MSP) for review and approval.

b.

Any site having three or fewer non-residential occupants may submit an MSP for review and approval.

c.

Projects involving construction or renovation of more than twenty-five thousand square feet of space in the commercial and mixed use zoning districts shall submit an MSP which must be approved prior to issuance of any occupancy permit.

d.

Properties subject to a MSP that do not have one shall establish an MSP when a current tenant proposes the installation of a new sign.

e.

All new signs shall conform to the approved master sign program.

4.

Application Requirements. Applications for approval of a master sign program shall be submitted to the community development director and shall include the following:

a.

Site plan. A plan, drawn to scale, delineating the site proposed to be included within the signing program and the location of all proposed signs.

b.

Drawings and Sketches. Drawings, sketches, or photo-simulations depicting the exterior surface details of all buildings and ground locations on the site on which signs are proposed and indicating the location of each proposed sign. Illuminated sign locations and illumination methods shall also be specified.

c.

Photographs of all existing signage and the building faces or sites where signage is proposed.

d.

Sign Standards. A written program specifying sign standards, including color, size, construction details, placement, and necessity for city review for distribution to future tenants.

e.

Public Access Sign. If a property includes a public access way, this access shall be indicated with a sign (minimum three square feet) on the primary building façade.

5.

Allowable Modifications. A master sign program may provide for additional signage, as detailed in Section 17.29.150 A, Additional Sign Provisions for Signs at Multiple-Business Sites. No deviations, however, may be granted to the provisions of Section 17.29.040, 17.29.120, 17.29.130, 17.29.140, or 17.29.160.

6.

Conditions of Approval. The decision-making authority may attach any reasonable conditions necessary to carry out the intent of the Master Sign Program requirement, while still permitting each sign user opportunities for effective identification and communication.

7.

Administrative Approval of Signs Consistent with Master Sign Program. Following approval of a master sign program, the community development director is authorized to issue building permits or other permits, as deemed necessary, to install signs that conform to an approved MSP. Minor modifications of individual sign area may be approved, provided the maximum allowed by an approved MSP and by the provisions of Section 17.29.040, Standards for All Districts and Zones, through Section 17.29.110, Signs Outside of Designated Business Districts, of this chapter are not exceeded.

(Ord. No. 662, § 2, 12-13-23)

The director may grant, for new or existing signs, minor adjustments to sign colors, landscaping requirements, advertising copy or message or height, or authorize deviations from sign area not to exceed

twenty percent. In granting adjustments, the director may apply reasonable conditions to ensure that provisions of this chapter are met.

(Ord. No. 662, § 2, 12-13-23)

A.

Authority. No sign, other than an exempt sign, shall be erected or altered, without first obtaining a zoning clearance or sign permit from the community development director. The director may attach reasonable conditions on the approval of the sign permit to help ensure compliance with this chapter. These conditions may require the removal, modification or relocation of existing signs where the proposed sign(s) would be located on sites where existing signs are nonconforming.

B.

Requirement for Sign Permit. No business license will be issued or renewed by the city of Morro Bay unless the applicant for such license:

1.

Does not have a sign or is the holder of a valid sign permit issued by the city, and

2.

Submits credible documentation that the signage present at the business location is consistent with the issued sign permit. Such documentation may consist of a photographic record, a report of inspection by a city code enforcement officer, or such other method as may be deemed credible and acceptable by the community development director.

C.

Waiver of Requirement for Sign Permit. The requirements of Section 17.29.170, Sign Permits, may, however, be waived by the community development director if the applicant for issuance or renewal of a city business license provides an affidavit indicating that:

1.

There are no existing signs associated with the business; and

2.

No signs associated with the business will be erected or established during the time period for which the requested business license shall be in force.

Prior to issuing such a waiver, the community development director may, at his/her sole discretion, require the applicant to provide documentation that no signage is associated with the business under consideration. Such documentation may consist of a photographic record, a report of inspection by a city

code enforcement officer, or such other method as may be deemed credible and acceptable by the community development director.

D.

Application Procedure. Applications for a sign permit shall be made in writing upon forms furnished by the community development director, accompanied by the required fee and plans drawn to scale and with all of the following information. The community development director has no more than thirty calendar days to determine application completeness. Where the scale and scope of the sign proposal so warrants, the director may waive some of the informational requirements listed below provided all information necessary for adequate review of the proposal is submitted.

1.

The proposed design, dimensions, copy, color, lighting methods and location of the sign on the site, including the dimensions of the sign's supporting members, and details of all connections, guy lines, supports and footings, and materials to be used.

2.

The maximum and minimum height of the sign.

3.

The location of off-street parking facilities, including entries and exits where directional signs are proposed.

4.

The size and dimension of all signs existing on the site.

5.

The location and horizontal frontage of any building(s) on the property, both existing and proposed.

6.

Photographs of all existing signage and the building faces or sites where signage is proposed.

7.

Any other information deemed necessary by the community development director.

E.

Required Findings. In approving a sign permit, the director must find that:

1.

Signs on all proposed buildings or new additions to existing buildings are designed as an integral part of the total building design.

2.

The location of the proposed sign and the design of its visual elements (lettering, words, figures, colors, decorative motifs, spacing and proportions) are legible under normal viewing conditions that prevail where the sign is to be installed.

3.

Review of signs at city entryways shall also be subject to the following provisions:

a.

Sign area, height and location of signs shall be designed so as not to interfere with view corridors as defined and specified in the general plan/LCP land use plan.

b.

Freestanding signs shall not exceed eight feet in height except within one hundred feet of Highway 1 or Highway 41. Where feasible, all freestanding signs within or along city entryways shall be placed within a landscaped planter.

(Ord. No. 662, § 2, 12-13-23)

17.29.180 - Exceptions and appeals.

A.

Exceptions. The planning commission or, on appeal, the city council may grant exceptions to the design guidelines established by this chapter.

1.

Findings. No exceptions to the provisions of this chapter shall be granted unless the following findings are made:

a.

The exception(s) granted will not constitute a grant of special privilege inconsistent with limitations placed on signage of other properties in the vicinity;

b.

The exception(s) granted will not adversely affect the health safety or general welfare of persons working or residing in the vicinity and will not create a visual obstruction or distraction to motorists, cyclists, or pedestrians;

c.

The sign for which an exception or exceptions is requested will not adversely affect the attractiveness or ambiance of the area in which it is proposed; and

d.

Either of the following:

i.

The exception(s) granted are necessary in order for the proposed sign to fulfill its intended purpose, and such purpose cannot be accomplished by any alternative that is consistent with the requirements of this chapter; or

ii.

The proposed sign offers creative and aesthetic qualities which will enhance the area in which the sign is to be constructed and which cannot be accomplished within the applicable design guidelines.

2.

Conditions of Grant of Exception. The planning commission may attach to any exemption granted, such conditions as may be deemed reasonable and necessary to carry out the purposes and intent of this chapter

3.

Limitation on Exceptions. No exceptions may be granted to the provisions of Sections 17.29.040, 17.29.110, 17.29.120 through 17.29.140, or 17.29.150 B of this chapter.

B.

Appeals.

1.

Persons Who May Appeal. Except as provided for elsewhere in this chapter, appeals to the planning commission or city council may be filed by the applicant, by the owner of property, or by any other person aggrieved by a decision that is subject to appeal under the provisions of this chapter.

2.

Final Decision Required. Unless otherwise specified by federal or state law, an appeal must be brought and a final decision rendered by the hearing body before the matter may be appealed to a court of law.

3.

Time Limits. Unless otherwise specified in state or federal law, all appeals shall be filed within ten days of the date of permit issuance.

4.

Proceedings Stayed By Appeal. The timely filing of an appeal shall stay all proceedings in the matter appealed, including, but not limited to, the issuance of city building permits and business licenses.

5.

Appeals of Director Decisions. A decision of the community development director on any application may be appealed to the planning commission by filing a written appeal with the planning department within ten days of such decision. The application shall identify the decision being appealed and shall clearly and concisely state the reasons for the appeal.

6.

Appeals of Planning Commission Decisions. Decisions of the planning commission may be appealed to the city council by filing a written appeal with the city clerk within ten days of such decision. The appeal shall identify the decision being appealed and shall clearly and concisely state the reasons for the appeal.

7.

Transmission of Record. The director, or in the case of appeals to the city council, the city clerk, shall schedule the appeal for consideration by the authorized appellate body within forty-five days of the date the appeal was filed. The community development director shall forward the administrative record, the

appeal, and all other documents that constitute the record to the appellate body. The director also shall prepare a staff report that responds to the issues raised by the appeal and may include a recommendation for action.

8.

Appellate Body Action. The appellate body shall review the administrative record, the appeal, and any written correspondence submitted after the appeal has been filed, and conduct a public hearing and decide on the action and may take one of the following actions:

a.

Remand the matter to a decision-making body; or

b.

Cure a deficiency in the record or the proceedings.

9.

Standards of Review. When reviewing any decision on appeal, the appellate body shall use the same standards for decision-making required for the original decision. The appellate body may adopt the same decision and findings as were originally approved.

(Ord. No. 662, § 2, 12-13-23)

If any section, definition, clause, phrase, word, or portion of this chapter is held invalid, unconstitutional, or unenforceable by any court of related jurisdiction, such a ruling shall not affect, impair, or invalidate any other sections, definition, clause, phrase, word, or portion of this chapter. In adopting this chapter, the city

council affirmatively declares that it would have approved and adopted the title even without any portion which may be held invalid or unenforceable.

(Ord. No. 662, § 2, 12-13-23)

A.

Abandoned Sign. A sign that no longer applies to a business space, building, or site, due to lack of a valid business license, change of business name, or for any other reason that renders the sign not applicable to the premises involved.

B.

Billboard (Outdoor-Off-Site Freestanding Sign). A sign placed for the purpose of advertising products or services that are not produced, stored, or sold on the property or any other subject no related to the property or use of the property, upon which the sign is located.

C.

Building Mounted Sign. Any sign mounted or erected on or against any building or façade and includes all walls signs, awning and canopy signs and projecting signs.

D.

Business Sign. Any interior or exterior sign which is intended to identify the name or portions of the business name and which is viewable from any exterior area open to the public.

E.

Changeable Copy Sign. A sign designed so its characters, letters, or illustrations can be changed or rearranged mechanically or electronically without substantially altering the face or the surface of the sign.

F.

Commercial Sign. Any display which provides information as to the name, location, or activities of any business entity or which provides information concerning goods, services, or accommodations available for sale, rent, lease, or barter, regardless of whether such sign includes additional non-business related information.

G.

Canopy Sign. An ornamental roof-like structure upon which a sign may be attached or otherwise affixed which is usually located over gasoline pumps.

H.

Construction Sign. A sign displayed by a contractor, subcontractor, or architect on a project site whenever a building permit has been issued for construction, alteration, or repair of a structure and when work is in

progress on site pursuant to such permit.

I.

Height of A Sign. Height of a sign means the greatest vertical distance measured from the ground level directly beneath the sign to the top of the sign or from the nearest property line fronting on a public street, whichever is lower.

J.

Human or Animal Advertisement. Any person or animal who is located anywhere within the city, and whose intent is to advertise a business or service, by the way of their actions, including but not limited to, holding a temporary sign or wearing a costume.

K.

Illegal Sign. An unpermitted sign that is found to be erected or maintained in violation of any provision of this chapter, this title, or any other federal, state, or local law.

L.

Façade Length. The length of the building face or tenant lease site (see [Figure 17.29.030(F)] of this chapter for a graphical representation).

M.

Façade Height. The height of the building face or tenant lease site which does not include the roof gable (see [Figure 17.29.030(F)] of this chapter for a graphical representation).

N.

Frontage. The linear measurement in feet of the property line directly fronting on a public street, or other public right-of-way to which such sign is oriented, excluding California State Highway One.

O.

Master Sign Plan. A coordinated program of all signs, including exempt and temporary signs for a business, or businesses if applicable, located on a development site. The sign program shall include, but not be limited to, indications of the locations, dimensions, colors, letter styles and sign types of all signs to be installed on a site.

P.

Mansard. A roof-like façade comparable to an exterior building wall.

==> picture [264 x 225] intentionally omitted <==

FIGURE 17.29.200: MANSARD ROOF (SIDE ELEVATION)

Q.

Non-Commercial Sign. A sign which provides only information unrelated to any for-profit business entity or to goods, services, or accommodations available for sale, rent, lease, or barter.

R.

Nonconforming Sign. Any previously approved and permitted sign that existed prior to a change in the municipal code that prohibits such sign. A nonconforming sign is different than an illegal sign (see definition above for "illegal sign").

S.

Open House Sign. An open house sign advertises that a house is open for view as part of the sale or exchange of the property.

T.

Primary Business Sign. The largest sign on the primary façade of a business or lease site.

U.

Primary Façade. The face of a building or tenant lease site that incorporates the main entrance to the business and that faces a primary street, as determined by the business owner.

V.

Professional Building. An establishment consisting of three or more businesses which:

1.

Are located in buildings on a single parcel, either detached or attached,

Exhibit a unified or common architecture, and

3.

Includes only businesses whose primary activity is the provision of professional services, as opposed to the sale of merchandise.

W.

Real Estate Sign. A sign identifying that a property is for sale, lease, exchange, or rent. The purpose of this sign is to help owners in the sale of their property by providing information on the location of the property to potential buyers without impairing the appearance of the community.

X.

Retail Cluster. An establishment consisting of three or more businesses which:

1.

Are located in buildings on a single parcel, either detached or attached;

2.

Are designed to be primarily accessible to persons parking in public facilities or on public streets and traveling on foot;

3.

Exhibit a unified or common architecture; and

4.

Includes at least one business that offers merchandise for sale.

Y.

Shopping Center. An establishment consisting of three or more businesses which:

1.

Are located in buildings on a single parcel, either detached or attached;

2.

Are designed to be accessible to persons traveling by automobile and provide all required parking spaces on site; and

3.

Exhibit a unified or common architecture.

Z.

Secondary Façade. The face of a building or tenant lease site that serves as a secondary entrance and/or advertising space to the primary façade, as determined by the business owner.

AA.

Sign. Any man-made or natural object, structure, vehicle, trailer, boat, or watercraft or part thereof, upon which is attached, painted, or otherwise displayed any symbol, emblem, logo, trademark, model, banner, flag, pennant, insignia, decoration, device, representation which is intended to or does identify, attract attention to, advertise, or communicate information of any kind to the public.

BB.

Sign Area. The entire area of a sign calculated for maximum sign area purposes, pursuant to Chapter 17.29, Signs.

CC.

Sign Face. The surface or surfaces used for the display of a sign message as seen from any one direction.

(Ord. No. 662, § 2, 12-13-23)