Chapter 17.30 — STANDARDS FOR SPECIFIC USES

The purpose of this chapter is to establish standards for the location, site planning, development, and operations of certain land uses that are allowed by Division II, District Regulations, within individual or multiple districts, and for activities that require special standards to minimize the impacts of these uses and activities on surrounding properties and to protect the health, safety, and welfare of their occupants and of the general public.

(Ord. No. 662, § 2, 12-13-23)

Each land use and activity covered by this chapter shall comply with the requirements of the section applicable to the specific use or activity, in addition to any applicable standard this zoning code requires in the district where the use or activity is proposed and all other applicable provisions of this code.

A.

The uses that are subject to the standards in this chapter shall be located only where allowed by base or overlay district use regulations or by a specific plan.

B.

The uses that are subject to the standards in this chapter are allowed only when authorized by the planning permit required by district regulations except where this chapter establishes a different planning permit requirement for a specific use.

(Ord. No. 662, § 2, 12-13-23)

An accessory use shall be ancillary to a primary use and shall be allowed only in conjunction with a primary use or building to which it relates under the same regulations as the main use in any district. These regulations are found in the use regulation tables in Division II, District Regulations, and may be subject to specific standards found in this chapter or within each district, as specified in the tables. Accessory uses and structures are also subject to the development and site regulations found in Chapter 17.23, General Site Regulations.

(Ord. No. 662, § 2, 12-13-23)

Accessory dwelling units shall comply with all provisions of the base, overlay, or specific plan district, except as modified by this section.

A.

Residential Density. An accessory dwelling unit is a residential use that is consistent with the existing general plan and zoning designations for the parcel and any accessory dwelling unit constructed pursuant to this section shall not be considered as a dwelling unit in density calculations.

B.

Primary Dwelling Unit Required. The lot must be in a zoning district that allows single-unit, two-unit, or multi-unit dwellings and contain an existing primary dwelling unit at the time an application for an accessory dwelling unit is submitted, or the application for the accessory dwelling unit may be made in conjunction with the development of the primary dwelling. Covenants, conditions, and restrictions that either effectively prohibit or unreasonably restrict the construction or use of an accessory dwelling unit or a junior accessory dwelling unit in such a zoning district are void and unenforceable per Civic Code Section 4751.

C.

Number and Type of Units.

1.

Lots with Existing or Proposed Single-Unit Dwellings.

a.

One detached accessory dwelling unit or one accessory dwelling unit within the existing or proposed space of a single-unit dwelling; and

b.

One junior accessory dwelling unit within the existing or proposed space of a single-unit dwelling, including an attached garage.

2.

Lots with Existing or Proposed Two-Unit or Multi-Unit Dwellings.

a.

Two detached accessory dwelling units; or

b.

Up to twenty-five percent the number of units within a multi-unit structure, with a minimum of one accessory dwelling unit, constructed within portions of the multi-unit structure that are not used as livable space.

D.

Standards for Attached and Detached Accessory Dwelling Units.

1.

Floor Area.

a.

Detached Accessory Dwelling Units. Maximum one thousand square feet for studio and one-bedroom accessory dwelling units, up to one thousand two hundred square feet for accessory dwelling units with two or more bedrooms.

b.

Attached Accessory Dwelling Units. The total floor area of an accessory dwelling unit that is attached to the primary dwelling unit shall not exceed one thousand square feet.

2.

Setbacks. Accessory dwelling units shall comply with the setback standards applicable to other structures within the district in which the lot is located except that the minimum interior side and rear setbacks shall be four feet.

3.

Design and Materials. The exterior design and materials of the accessory dwelling unit shall match the architecture and materials used in the primary building.

E.

Standards for Accessory Dwelling Units Constructed Within Existing or Proposed Structures. For purposes of this subsection, in order to be considered an existing structure, the structure must be a legally permitted structure that conforms to current zoning or is legal nonconforming as to current zoning.

1.

Floor Area. The accessory dwelling unit shall be contained entirely within the permitted floor area of the primary residence or accessory structure on the same lot as the primary residence. A maximum one hundred fifty square feet expansion to existing floor area is allowed to accommodate ingress and egress for accessory dwelling units that are not designed as junior accessory dwelling units.

2.

Exterior Access. Exterior access that is independent from the primary residence shall be provided.

3.

Setbacks. The interior setbacks shall be sufficient for fire and safety.

4.

Junior Accessory Dwelling Unit. Accessory dwelling units within existing or proposed single-unit dwellings may be designed as a junior accessory dwelling units subject to the following standards.

a.

Floor Area. Maximum five hundred square feet.

b.

Efficiency Kitchen Required. The junior accessory dwelling unit shall have an efficiency kitchen which shall include all of the following.

i.

A cooking facility with appliances.

ii.

A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessor dwelling unit.

c.

Sanitation Facilities. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure. A junior accessory dwelling unit that shares sanitation facilities with the existing single-unit dwelling shall provide interior access to the existing single-unit dwelling that is separate from the exterior access.

d.

Owner Occupancy Required. The owner of the single-unit dwelling in which the junior accessory dwelling unit is located shall reside in either the remaining portion of the structure or the junior accessory dwelling unit.

F.

Conversions.

1.

Setbacks. No setback shall be enforced for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit.

2.

Parking. If enclosed or covered parking for the primary dwelling is converted or demolished in conjunction with the construction of an accessory dwelling unit, replacement parking is not required, except as provided in Section 17.14.040 B.

G.

Required Parking. Automobile parking is not required for an accessory dwelling unit, except as provided in Section 17.14.040 B. Required parking for the primary dwelling shall be provided pursuant to Chapter 17.27, Parking and Loading.

H.

Sale Limitations. Accessory dwelling units may be rented separately from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence, except as allowed pursuant to Government Code Section 65852.2. Junior accessory dwelling units are prohibited from being sold separately from the primary residence.

I.

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

J.

Permit Review.

1.

Permit applications for accessory dwelling units shall be considered and approved ministerially without discretionary review or a hearing within sixty days from receipt of a completed application if there is an existing single-family or multifamily dwelling on the lot or when the permit application for a proposed single-unit or multi-unit dwelling is acted upon. All agencies involved in the review of an accessory dwelling unit permit, including utility districts, city departments, and special corporations, shall be subject to the sixty-day review period.

2.

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

3.

Permit applications for accessory dwelling units and junior accessory dwelling units shall not require, as a condition of approval, the correction of nonconforming zoning conditions, building code violations, or unpermitted structures on the property that do not present an imminent threat to public health and safety and are not affected by the construction of the new unit.

(Ord. No. 662, § 2, 12-13-23)

A.

Purpose and Intent. The intent of this section is to regulate adult entertainment businesses to promote the health, safety and general welfare of the citizens of the city to prevent community wide adverse economic impacts, increased crime, decreased property values, and the deterioration of neighborhoods which can be brought about by the concentration of adult entertainment businesses in close proximity to each other in proximity to other incompatible uses such as schools for minors, religious institutions, and residential uses. Adult entertainment businesses, because of their nature, are recognized as producing negative secondary impacts, particularly when these businesses are concentrated or located near sensitive uses. The purpose of this chapter is to establish reasonable and uniform regulations to reduce or eliminate the adverse secondary effects and prevent any deleterious location or concentration of adult entertainment businesses, while permitting the location of adult entertainment businesses within the city limits. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult-oriented materials. Similarly, it is not the intent nor effect of this ordinance to restrict or deny access by adults to adult-oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of adult-oriented entertainment to their intended market.

B.

Applicability. The provisions of this section apply to uses operated as adult entertainment business establishments in addition to all other applicable requirements of this title. The establishment of an adult use shall include the opening of such business as a new business, the relocation of such business, the conversion of an existing business location to any adult use, or the granting of permits required of masseurs and masseuses which would have the effect of the establishment of an adult use or the intensification of an existing adult use.

C.

Definitions. For purposes of this section, the following definitions shall apply:

"Adult entertainment business" means an adult bookstore, adult novelty store, or adult video store establishment with more than twenty-five percent of:

a.

Its floor area devoted to; or

b.

Stock-in-trade consisting of; or

c.

Gross revenues derived from, and offering for sale for any form of consideration, any one or more of the following:

i.

Books, magazines, periodicals or other printed matter, photographs, drawings, motion pictures, slides, films, tapes, videocassettes, records, or other visual or audio representations which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas,"

ii.

Instruments, devices or paraphernalia which are designed to be used in connection with "specified sexual activities," or

iii.

Goods which are replicas of, or which simulate "specified anatomical areas," or goods which are designed to be placed on or in "specified anatomical areas," or to be used in conjunction with "specified sexual activities."

2.

"Adult live entertainment theater" means any place, building, enclosure or structure, partially or entirely used for "live adult entertainment" performances or presentations characterized by an emphasis on depicting, exposing, displaying, describing or relation to "specified sexual activities" or "specified anatomical areas" for observation by patrons or customers therein.

3.

"Live adult entertainment" means any physical human body activity, whether performed or engaged in alone or with other persons, including but not limited to singing, walking, speaking, dancing, acting, posing, simulation, wrestling or pantomiming, in which the performer or performers expose to public view without opaque covering "specified anatomical areas" for entertainment value for any form of consideration.

4.

"Adult motion picture or video arcade" means any business wherein coin, paper, note, or token operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to four or fewer persons per machine, at any one time, and where the predominant character or theme of the images so displayed is distinguished or characterized by its emphasis on matter depicting, or relating to "specified sexual activities" or "specified anatomical areas."

5.

"Adult motion picture theater" means any business, other than a hotel or motel which provides closed circuit viewing to each individual room as a secondary service to its motel customers, with the capacity of five or more persons where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions in which the predominant character and theme is distinguished or characterized by its emphasis on matter depicting or relating to "specified sexual activities" or "specified anatomical area" as defined in this section. This includes, without limitation, showing any such slides, motion picture or videos by means of any video tape system, which has a display, viewer, screen, or a television set.

6.

"Public building" means any building owned, leased or held by the United States, the state, the county, the city, any special district, school district, or any other agency or political subdivision of the state or the United States, such as City Hall, county offices, library, community centers, post offices, police and fire stations.

7.

"Public park" or "recreation area" means public land which has been designated for park or recreational activities, including but not limited to a park, playground, nature trails, swimming pool, athletic field, basketball court, tennis court, pedestrian or bicycle paths, beaches, open space, or similar public land within the city or which is under the control, operation or management of the city recreation and parks department.

8.

"Religious institution" means any church, synagogue, mosque, temple, or building which is used primarily for religious worship, religious education and related religious activities.

9.

"School" means any public or private educational facility primarily attended by minors including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, primary school, intermediate schools, junior high schools, middle schools, secondary schools, vocational schools, continuation schools, special education schools, and includes school grounds.

10.

"Specified anatomical areas" shall include the following:

a.

Less than completely and opaquely covered human genitals, pubic region, buttock, anus, and/or the female breast below a point immediately above the top of the areola; and

b.

Human male genitals in a discernibly turgid state even if completely and opaquely covered.

11.

"Specified sexual activities" shall include the following:

a.

Actual or simulated sexual intercourse, oral copulation and intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or

b.

Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or

c.

Human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or

d.

Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or

e.

Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or

f.

Erotic or lewd touching, lewd fondling or other lewd contact with an animal by a human being; or

g.

Human excretion, urination, menstruation, vaginal or anal irrigation.

D.

Exceptions. An "adult entertainment business" shall not include:

Bona fide medical establishments operated by properly licensed and registered medical and psychological personnel with appropriate medical or professional credentials for the treatment of patients.

2.

Persons depicting "specified anatomical areas" in a modeling class operated:

a.

By a college, junior college, or university supported entirely or partly by public revenue; or

b.

By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by public revenue; or

c.

Where, in order to participate in a class a student must enroll at least three days in advance of the class.

3.

The practice of massage in compliance with the city of Morro Bay Municipal Code, is not in violation of this section.

E.

Location of Adult Entertainment Businesses. Adult entertainment businesses, as defined in this section, shall only be established in the CC or DC districts and shall be located a minimum of five hundred feet away from the following sensitive uses: religious institutions, schools, public parks or recreation areas, public buildings and other adult entertainment businesses.

1.

Adult entertainment businesses locating within five hundred feet of any residential use shall be subject to additional design and performance standards to help mitigate potential impacts.

2.

Distance shall be measured in a straight line, without regard to intervening structures, from the closest property line of the adult entertainment business to the closest property line of the sensitive use or residential use.

F.

Design and Performance Standards. The establishment or operation of an adult entertainment business shall comply with the applicable fees and site development standards, including, but not limited to, parking and design review, and the requirements of the Uniform Codes and building regulations and standards adopted by the city of Morro Bay. An adult entertainment business shall comply with the following design and performance standards:

1.

Signs, advertisements, displays, or other promotional materials depicting or describing "specified anatomical areas" or "specified sexual activities" or displaying instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities" shall not be shown or exhibited so as to be discernible by the public beyond the walls of the building or portion thereof in which the adult entertainment business is conducted.

2.

Each adult entertainment business shall have a business entrance separate from any other non-adult business located in the same building.

3.

All building openings, entries, and windows for an adult entertainment business shall be located, covered or screened in such a manner as to prevent a view into the interior of an adult entertainment business from any area open to the general public.

4.

No adult entertainment business shall be operated in any manner that permits the observation by the public of any material or activity depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" from any public way or from any location beyond the walls of the building or portion thereof in which the adult entertainment business is conducted.

5.

The building entrance to the adult entertainment business shall be clearly and legibly posted with a notice indicating that minors are precluded from entering the premises.

6.

No loudspeakers or sound equipment shall be used by an adult entertainment business for amplification of sound to a level discernible by the public beyond the walls of the building or portion thereof in which the adult entertainment business is conducted.

7.

Each adult entertainment shall be provided with a manager's station which shall be used for the purpose of supervising activities within the business. A manager shall be on the premises during all times that the adult entertainment business is open to the public.

8.

The interior of the adult entertainment business shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the adult entertainment business to which any patron is permitted access for any purpose, excluding restrooms. If the adult entertainment business has two or more manager's stations designated, then the interior of the adult entertainment business shall be

configured in such a manner that there is an unobstructed view of each area of the adult entertainment business to which any patron is permitted access for any adult purpose, excluding restrooms, from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.

9.

No individual viewing area may be occupied by more than one person at any one time. "Individual viewing area" shall mean a viewing area designed for occupancy by one person. Individual viewing areas of the adult entertainment business shall be operated and maintained without any hole or other opening or means of direct communication or visual or physical access between the interior space of two or more individual viewing areas.

10.

Off-street parking shall be provided for the adult entertainment business as specified in accordance with the parking provisions.

11.

The following additional requirements shall pertain to adult businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities:

a.

No person shall perform live entertainment for patrons of an adult business except upon a stage at least eighteen inches above the level of the floor which is separated by a distance of at least six feet from the nearest area occupied by patrons, and no patron shall be permitted within six feet of the stage while the stage is occupied by an entertainer. "Entertainer" shall mean any person who is an employee or independent contractor of the adult business, or any person who, with or without any compensation or other form of consideration, performs live entertainment for patrons of an adult business.

b.

The adult business shall provide separate dressing room facilities for entertainers which are exclusively dedicated to the entertainer's use.

c.

The adult business shall provide an entrance/exit for entertainers which is separate from the entrance/exit used by patrons.

d.

The adult business shall provide access for entertainers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the adult business shall provide a minimum three-foot wide walk aisle for entertainers between the dressing room area and the stage, with a railing, fence, or other barrier separating the patrons and the entertainers

ess shall provide access for entertainers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the adult business shall provide a minimum three-foot wide walk aisle for entertainers between the dressing room area and the stage, with a railing, fence, or other barrier separating the patrons and the entertainers

capable of (and which actually results in) preventing any physical contact between patrons and entertainers.

e.

No entertainer acting within the scope of their employment, either before, during, or after performances, shall have physical contact with any patron, and no patron shall have physical contact with any entertainer either before, during, or after performances by such entertainer.

12.

An off-site security program shall be prepared and implemented including the following items:

a.

All off-street parking areas and building entries serving the adult entertainment business shall be illuminated during all hours of operation with a lighting system which provides a minimum maintained horizontal illumination of one foot-candle (ten luxes) (one candlepower) of light on the parking surface and/or walkway;

b.

All interior portions of the adult entertainment business, except those areas devoted to mini-motion or motion pictures shall be illuminated during all hours of operation with lighting system which provides a minimum maintained horizontal illumination of not less than two foot-candles (twenty luxes) (two candlepower) of light on the floor surface;

c.

Security guards for other adult businesses may be required if it is determined by the chief of police that their presence is necessary in order to prevent any unlawful conduct from occurring on the premises.

The foregoing applicable requirements shall be deemed conditions of a permit for an adult business and failure to comply with every such requirement shall be grounds for revocation of the permit issued pursuant to these regulations.

G.

Additional Design and Performance Standards When Located Near a Residential Use. The following requirements apply to adult entertainment businesses which locate within five hundred feet of residential uses:

1.

There shall be an intervening street between the residential use and the adult entertainment business;

2.

No access from an adult entertainment business to a residential street shall be permitted;

3.

A six-foot tall barrier shall be constructed to prevent pedestrian and vehicular access to the adult entertainment business from the residential street;

4.

The barrier shall be screened by landscaping to provide a more aesthetically pleasing appearance.

H.

Application Requirements. Adult entertainment business permit applications shall be submitted for review and approval by the director.

1.

In addition to the submittal and review requirements for a permit as specified in the city's code, the following must be submitted prior to an application being deemed complete:

a.

The name and permanent address of applicant;

b.

The name and proposed business address of the applicant. If the applicant is a corporation, the name must be exactly as set forth in its articles of incorporation and the applicant shall show the name and residence address of each of the officers, directors, and each stockholder owning not less than twenty-five percent of the stock of the corporation. If the applicant is a partnership, the applicant shall show the name and residence address of each of the members, including limited partners;

c.

A detailed description of the proposed entertainment, including type of entertainment and number of persons engaged in the entertainment;

d.

A diagram of the premises showing a floor plan thereof, specifying where the specific entertainment uses are proposed to be conducted within the building, the location of one or more manager's stations, the location of all overhead lighting, fixtures, and designating any portion of the premises in which patrons will not be permitted;

e.

Hours of operation and the admission fee, if any, to be charged;

f.

The name or names of the person or persons who have the management or supervision responsibilities of the applicant's business, and of any entertainment;

g.

A statement of the nature and character of the applicant's business, if any, to be carried on in conjunction with such entertainment;

h.

A site area map showing the proposed business location and plotting all of the listed sensitive uses within five hundred feet of the proposed location;

i.

A mailing list of all property owners within one thousand feet of the proposed business location.

2.

Prior to the issuance of a permit, the police department shall complete a background investigation of all parties identified in subsections (1)(a) and (1)(b) of this section.

I.

Required Findings for Approval. The city council finds and determines that there are substantial adverse secondary effects of adult entertainment businesses, which secondary effects include, among other things, an increase in crime and a decrease in property values and retail trade. There is a need to regulate adult entertainment businesses because of the adverse secondary effects of such businesses. The following additional findings are to be made by the director prior to the approval of any permit for an adult entertainment business:

1.

The adult entertainment business and its proposed site are consistent with the general plan;

2.

The proposed use will not adversely affect the adjacent neighborhood;

3.

The proposed site has an appropriate shape and is of sufficient size to allow the development of the proposed use without detrimental effects to the surrounding area;

4.

The proposed use complies with all applicable city, county, state and other governmental laws.

J.

Time Limit for Action on Application. Within sixty days of receipt of a completed application, the director shall act to approve or deny the application in accordance with the provisions of this section, and so notify the applicant. No such action to approve or deny the application shall take place prior to noticing those

property owners within one thousand feet of the proposed business location. Said noticing shall occur at least thirty days prior to the director's final action.

K.

Appeal of Director Action. After denial or approval of an application for an adult entertainment business permit, the applicant, or an aggrieved person, may seek review of such administrative action by the city council upon filing a request with the city clerk within ten days of the director denial or approval action. The request for additional review shall be scheduled before the city council within sixty days of the filing with the city clerk. If the denial or approval is affirmed on review, the applicant or aggrieved person may seek prompt judicial review of such administrative action pursuant to California Code of Civil Procedure Section 1094.5. The city shall make all reasonable efforts to expedite judicial review, if sought by the applicant.

L.

Inspection. An applicant or permittee shall permit representatives of the police department, health department, planning and building department, fire department, or other city departments or agencies to inspect the premises of an adult entertainment business for the purpose of ensuring compliance with the law and the development standards applicable to adult entertainment businesses, at any time it is occupied

or opened for business. A person who operates an adult entertainment business or his or her agent or employee is in violation of the provisions of the section if he or she refuses to permit such lawful inspection of the premises at any time it is occupied or opened for business.

M.

Violations. It shall be unlawful to establish or operate an adult entertainment business in violation of this section. Any person who violates any provision of this section shall be deemed guilty of a misdemeanor. Nothing in the section shall be deemed or constituted to prevent the city from commencing any civil proceeding otherwise authorized by law for the declaration or abatement of a public nuisance.

N.

Severance Clause. If any provision, section, subsection, sentence, clause or phrase of this section, or the application of same to any person or set of circumstances if for any reason is held to be unconstitutional, void or invalid, the invalidity of the remaining portions of this section shall not be affected thereby, it being the intent of the city council in adoption [of] this section that no portion thereof, or provisions, or regulation contained herein, shall become inoperative, or fail by reason of any unconstitutionality of any other portion hereof, and all provisions of this section are declared to be severable for that purpose.

(Ord. No. 662, § 2, 12-13-23)

The keeping of animals, including dogs, cats, poultry, rabbits, and other fowl, livestock, and pygmy livestock are subject to the provisions of Title 7, Animals, of the Morro Bay Municipal Code. In addition to the provisions contained in Title 7, Animals, of the Morro Bay Municipal Code, keeping of animals is subject to the following standards:

A.

Bees.

1.

Number of Hives. In all districts except the agriculture district, maximum of two hives per parcel unless otherwise approved with a minor use permit. No limit in the agriculture district.

2.

Hive Placement Requirements.

a.

Hives shall be located at least five feet from all property lines.

b.

Hive entrances shall face away from or parallel to the nearest property line(s).

c.

Hives must either be screened so that the bees must fly over a six-foot barrier, which may be vegetative, before leaving the property, or be placed at least eight feet above the adjacent ground level.

3.

Hive Management Requirements.

a.

Hives shall be continually managed to provide adequate living space for their resident bees to prevent swarming.

b.

Hives shall be requeened at least once every two years to prevent swarming.

c.

A water source for bees shall be provided at all times on the property where the bees are kept to discourage bee visitation at swimming pools, hose bibs and other water sources on adjacent public or private property.

d.

Hive maintenance materials or equipment must be stored in a sealed container or placed within a building or other bee-proof enclosure.

Nuisance. Bees or hives shall be considered a public nuisance and subject to Chapter 17.48, Enforcement, when any of the following occurs:

a.

Colonies of bees exhibit defensive or objectionable behavior, or interfere with the normal use of neighboring properties.

b.

Colonies of bees swarm.

c.

Bees or hives do not conform to this code.

d.

Hives become abandoned by resident bees or by the owner.

B.

Livestock. The keeping of livestock is limited to lots one acre or larger in size in the RL or AG district.

1.

Livestock Density in the RL District. The maximum allowed livestock density in the RL district is two cattle or horses or four sheep or goats per acre. Where there is a combination of cattle or horses and sheep or goats, one bovine animal or horse is the equivalent of two sheep or goats.

2.

Livestock Density in the AG District. The maximum allowed livestock density in the agriculture district is four cattle or horses or eight sheep or goats per acre. Where there is a combination of cattle or horses and sheep or goats, one bovine animal or horse is the equivalent of two sheep or goats. Additional density may be permitted on a temporary basis, not to exceed a period of forty-five days.

3.

Exception. One livestock may be kept for temporary education projects such as FFA, 4-H, and school projects, on a lot that does not otherwise permit the keeping of livestock.

(Ord. No. 662, § 2, 12-13-23)

Automobile/vehicle sales and service establishments shall be located, developed and operated in compliance with following standards.

A.

Landscaping and Screening.

1.

A masonry wall at least six feet in height shall be provided along all lot lines adjacent to a residential district.

2.

At least ten percent of the site shall be landscaped. All landscaped areas shall be permanently maintained in compliance with Chapter 17.25, Landscaping.

3.

A landscaped planter with a minimum inside width of six feet and enclosed within a six-inch-high curb shall be provided along the front and street side property lines, except for vehicular circulation openings. A landscaping buffer with a minimum inside width of at least three feet shall be provided along all other property lines.

4.

A six hundred-square-foot planter with a minimum dimension of twenty feet shall be provided at the corner of intersecting streets unless a building is located at the corner.

5.

Additional screening and landscaping may be required where necessary to prevent visual impacts on adjacent properties.

B.

Standards for Specific Automobile/Vehicle Sales and Leasing Activities. In addition to the other standards of this section, the following provisions apply to identified automobile/vehicle sales and leasing activities.

1.

Automobile/Vehicle Sales and Leasing. Automotive servicing or repair is permitted as an accessory use for automobile/vehicle sales and leasing establishments that offer maintenance and servicing of the type of vehicles sold on site.

2.

Automobile/Vehicle Service and Repair, Major and Minor. Major and minor automobile/vehicle service and repair uses, as well as any other uses, such as auto dealerships or service stations, that perform auto servicing as an accessory activity, are subject to the following standards.

a.

Noise. All body and fender work or similar noise-generating activity shall be conducted within an enclosed masonry or similar building with sound-attenuating construction to absorb noise. Air compressors and

other service equipment shall be located inside a building.

b.

Work Areas. All work shall be conducted within an enclosed building except for the following: pumping motor vehicle fluids, checking and supplementing various fluids, and mechanical inspection and adjustments not involving any disassembly.

c.

Vehicle Storage. Vehicles being worked on or awaiting service or pick-up shall be stored within an enclosed building or in a parking lot on the property that is screened in compliance with Section 17.27.110 O, Screening. Unattended vehicles may not be parked or stored on the sidewalk adjoining the property, in the street, or in any portion of the public right-of-way within the city.

d.

Litter. The premises shall be kept in an orderly condition at all times. No used or discarded automotive parts or equipment or permanently disabled, junked, or wrecked vehicles may be stored outside a building.

3.

Automobile/Vehicle Washing. Automobile/vehicle washing facilities are subject to the following standards.

a.

Washing Facilities. No building or structure shall be located within thirty feet of any public street or within twenty feet of any interior property line of a residential district. Vehicle lanes for car wash openings shall be screened from public streets to a height of forty inches. Screening devices shall consist of walls and/or berms with supplemental plant materials.

b.

Hours of Operation. Automobile/vehicle washing facilities are limited to seven a.m. to ten p.m., seven days a week. When abutting a Residential District, the hours of operation shall be between eight a.m. to eight p.m., seven days a week.

4.

Service Stations. Service stations and any other commercial use that includes fuel pumps for retail sales of gasoline are subject to the following standards.

a.

Pump Islands. Pump islands shall be located a minimum of twenty feet from any property line to the nearest edge of the pump island. A canopy or roof structure over a pump island may encroach up to ten feet within this distance.

b.

Work Areas. All work shall be conducted within an enclosed building except: pumping motor vehicle fluids, checking and supplementing various fluids, and mechanical inspection and adjustments not involving any disassembly.

c.

Abandonment. Any service station shall in the case of abandonment or non-operation of the primary use be dismantled and the site cleared within twelve months subsequent to the close of the last business day.

C.

Required Findings. The decision-making authority shall only approve a use permit for an automobile/vehicle sales and service facility if it finds that:

1.

The project is designed so that form and scale are harmonious and consistent with the character of the specific site, the adjacent uses and structures, and the surrounding neighborhood.

2.

The site design, including the location and number of driveways, will promote safe and efficient on-site and off-site traffic circulation.

3.

Service bay openings are designed to minimize the visual intrusion on surrounding streets and properties.

4.

Lighting is designed to be low-profile, indirect or diffused and to avoid adverse impacts on surrounding uses.

5.

The washing facility will not have an adverse impact on water supply and quality.

D.

Conditions of Approval. Conditions of approval may include limitations on operational characteristics of the use; restrictions on outdoor storage and display, location of pump islands, canopies and service bay openings; and/or requirements for buffering, screening, lighting, planting areas, or other site elements, in order to avoid adverse impacts on adjacent lots or the surrounding area.

(Ord. No. 662, § 2, 12-13-23)

Day care centers shall be located, developed and operated in compliance with the following standards:

A.

License. The operator shall secure and maintain a license from the State of California Department of Social Services.

B.

Outdoor Space. A minimum of seventy-five square feet of outdoor space for each child who is not an infant shall be provided unless waived by the director provided the applicant can demonstrate that there is a public park, school or other public open areas in close proximity.

1.

The outdoor space shall be either owned or leased by the applicant and cannot be shared with other property owners unless permission is granted by the other property owners.

2.

The outdoor space shall not be located in any required front or corner side setback.

3.

The outdoor space shall be screened with a periphery wall, constructed of wood or masonry, or landscaping screen and shall achieve seventy-five percent opacity. Chain metal fencing or barbed wire is prohibited.

C.

Hours of Operation. Hours of operation shall only be within the hours of six a.m. and eight p.m., Monday through Friday. Additional hours may be allowed subject to approval of a minor use permit.

D.

Pick-up and Drop-off Plan. A plan and schedule for the pick-up and drop-off of children or clients shall be submitted for approval by the director. The plan shall demonstrate that adequate parking and loading are provided to minimize congestion and conflict points on travel aisles and public streets. The plan shall include an agreement for each parent or client to sign that includes, at a minimum:

1.

A scheduled time for pick-up and drop-off with allowances for emergencies; and

2.

Prohibitions of double-parking, blocking driveways of neighboring properties, or using driveways of neighboring properties to turn around.

(Ord. No. 662, § 2, 12-13-23)

Drive-in or drive-through facilities shall be located, developed, and operated in compliance with the following standards:

A.

Circulation Plan. A pedestrian and vehicular circulation plan shall be submitted for approval by the review authority. Such plan shall indicate how drive-through, pedestrian, and vehicular circulation will be designed to allow safe, unimpeded movement of vehicles at street access points and within the travel aisles and parking space areas and provide for pedestrian safety. The plan shall also indicate how vehicles will circulate to and through the drive-through or use drive-up facilities in manner that will not impede traffic flow on any public right-of-way.

B.

Drive Aisles. Drive-through aisles shall be inwardly focused within the site and located away from adjoining streets and adjoining properties, wherever feasible. Drive aisles shall be developed in accordance with the following except where modified by the review authority.

1.

A minimum fifteen-foot interior radius at curves and a minimum twelve-foot width is required.

2.

Each drive-in and drive-through entrance and exit shall be at least one hundred feet from an intersection of public rights-of-way, measured at the closest intersecting curbs, and at least twenty-five feet from the nearest curb cut on an adjacent property.

3.

Each entrance to an aisle and the direction of flow shall be clearly designated by signs and/or pavement markings or raised curbs outside of the public right-of-way.

C.

Landscaping. Each drive-through aisle shall be screened with a combination of decorative walls and landscape to a minimum height of twenty inches to prevent headlight glare and direct visibility of vehicles from adjacent streets and parking lots.

D.

Pedestrian Walkways. Pedestrian walkways shall not intersect drive-through aisles, unless no alternative exists. In such cases, pedestrian walkways shall have clear visibility, emphasized by enhanced paving or markings.

(Ord. No. 662, § 2, 12-13-23)

Emergency shelters shall be located, developed, and operated in compliance with the following standards:

A.

Applicability. It is the purpose of this section to facilitate and encourage the provision of emergency shelter for homeless persons and households by allowing permanent year-round emergency shelters without a conditional use permit or other discretionary action in the community commercial (CC) district, subject only to the same development standards that apply to the other permitted uses in this district and standards of this code unique to emergency shelters, as authorized by Government Code Section 65583(a)(4).

B.

Location. To avoid overconcentration of emergency shelter facilities, emergency shelters shall be located a minimum of three hundred feet from any other emergency shelter, in accordance with Government Code Section 65583(a)(4)(A)(v).

C.

Capacity. The maximum number of beds or persons to be served nightly by an emergency shelter shall be thirty-five.

D.

Length of Stay. The maximum length of stay by a homeless person in an emergency shelter shall be six months.

E.

Waiting Areas. A minimum of ten square feet per bed or one hundred square feet, whichever is greater, of waiting area shall be provided within the premises for clients and prospective clients to ensure that public sidewalks or private walkways are not used as queuing or waiting areas.

F.

Lighting. Exterior lighting shall be provided for the entire outdoor and parking area of the property.

G.

Management. On-site management shall be provided. The operator of the shelter shall submit a management and security plan for approval by the director. The plan shall address operational requirements pursuant to this section and issues identified by the director, including emergencies, transportation, client supervision, security, client services, staffing, good neighbor issues.

H.

Security. Security shall be provided during the hours that the emergency shelter is in operation.

I.

Limitations. No individual or household shall be denied emergency shelter because of an inability to pay.

(Ord. No. 662, § 2, 12-13-23)

The following applies to employee housing for farmworkers as defined in Health and Safety Code § 17008.

A.

Six or Fewer Employees. Employee housing providing accommodations for six or fewer employees shall be deemed to be a single-unit structure with a residential land use, and shall be treated the same as a single unit dwelling of the same type in the same zoning district.

B.

Districts Where Agriculture Uses Are Allowed. The permitted occupancy in employee housing in a zone allowing agricultural uses shall include agricultural employees who do not work on the property where the employee housing is located and may consist of no more than thirty-six beds in a group quarters or twelve units or spaces designed for use by a single-family or household on land zoned for agricultural uses. Such employee housing shall be considered to be an activity that in no way differs from an agricultural use.

(Ord. No. 662, § 2, 12-13-23)

Farmer's markets shall be located, developed, and operated in compliance with the following standards:

A.

Management Plan. A management plan shall be prepared and provided to the director. The management plan shall include the following:

1.

Identification of a market manager or managers, who shall be present during all hours of operation.

2.

A set of operating rules addressing the governance structure of the market; types of products; the method of assigning booths and registering vendors; hours of operation; maintenance; security; refuse collection; and parking.

B.

Hours of Operation. Market activities may be conducted between the hours of seven a.m. and ten p.m. with specific hours and duration to be approved by the city. Set-up of market operations cannot begin more than two hours prior to the operational hours of the market and take-down shall be completed within two hours of the close of the market.

C.

Waste Disposal. Adequate composting, recycling, and trash containers shall be provided during hours of operation and shall be removed from site for appropriate disposal. The site shall be cleaned at the end of each day of operations, including the removal of all stalls and debris.

(Ord. No. 662, § 2, 12-13-23)

Home occupations shall be located, developed, and operated in compliance with the following standards:

A.

Applicability. This section applies to home occupations in any residential unit in the city regardless of the zoning designation. It does not apply to family day care, which is regulated separately.

B.

General Standards. All home occupations shall be located and operated consistent with the following standards:

1.

Residential Appearance. The residential appearance of the unit within which the home occupation is conducted shall be maintained, and no exterior indication of a home occupation is permitted except signs in conformance with Chapter 17.29, Signs.

2.

Location. All home occupation activities shall be conducted entirely within the residential unit, within a

garage that is attached to the residential unit, or an enclosed accessory building. When conducted within a garage, the doors thereof shall be closed, and the area occupied shall not preclude the use of required parking spaces for parking.

3.

Employees. A maximum of one independent contractor other than residents of the dwelling shall be permitted to work at the location of a home occupation except as otherwise allowed for cottage food operations.

4.

Direct Sales Prohibition. Home occupations involving the display or sale of products or merchandise are not permitted from the site except by mail, telephone, internet, or other mode of electronic communication or except as otherwise allowed for cottage food operations.

5.

Hazardous Materials. Activities conducted and equipment or materials used shall not change the fire safety or occupancy classifications of the premises, nor use utilities different from those normally provided for residential use. There shall be no storage or use of toxic or hazardous materials other than the types and quantities customarily found in connection with a dwelling unit.

6.

Nuisances. A home occupation shall be conducted such that no offensive or objectionable noise, dust, vibration, smell, smoke, heat, humidity, glare, refuse, radiation, electrical disturbance, interference with the transmission of communications, interference with radio or television reception, or other hazard or nuisance is perceptible at or beyond any lot line of the unit or structure within which the home occupation is conducted, or outside the dwelling unit if conducted in other than a single-unit detached residence.

7.

Traffic and Parking Generation. Home occupations shall not generate a volume of pedestrian, automobile, or truck traffic that is inconsistent with the normal level of traffic in the vicinity or on the street on which the dwelling is located or which creates the need for additional parking spaces or involve deliveries to or from the premises in excess of that which is customary for a dwelling unit.

8.

Commercial Vehicles. No vehicle larger than a three-quarter ton truck may be used in connection with a home occupation.

C.

Cottage Food Operations. A cottage food operation is allowed as a home occupation and an accessory use to any legally established residential unit subject to the following standards:

1.

Registration. Cottage food operations shall be registered as "Class A" or "Class B" cottage food operations and shall meet the respective health and safety standards set forth in Section 114365 et seq. of the California Health and Safety Code.

2.

Sales. Sales directly from a cottage food operation are limited to the sale of cottage food products. A cottage food operation shall not have more than fifty thousand dollars in gross annual sales in each calendar year.

3.

Operator and Employee Allowed. Only the cottage food operator and members of his or her household living in the unit, as well as one full-time equivalent cottage food employee, may participate in a cottage food operation.

4.

Equipment. Cottage food operations may employ kitchen equipment as needed to produce products for which the operation has received registration, provided that equipment would not change the residential character of the unit, result in safety hazards, or create smoke or steam noticeable at the lot line of an adjoining residential property. Venting of kitchen equipment shall not be directed toward neighboring residential uses.

D.

Prohibited Home Occupations. The following specific businesses are not permitted as home occupations.

1.

Vehicle sales and services;

2.

Animal care, sales, and services;

3.

Eating and drinking establishments;

4.

Hotels and motels;

5.

Hospitals and clinics;

6.

Personal services; and

7.

Retail sales.

(Ord. No. 662, § 2, 12-13-23)

Nonpermanent vendors are allowed in compliance with the following standards:

A.

Location. Nonpermanent vendors are limited to non-residential districts.

B.

Number. Maximum one nonpermanent vendor per day per lot unless authorized through a modification pursuant to Chapter 17.42, Modifications.

C.

Duration. Maximum six hours per day per lot. No lot may have a nonpermanent vendor onsite for more than ninety days total in any twelve-month period.

D.

Parking Surface. The vehicle shall only be stopped or parked on surface paved with concrete, asphalt, or other surface approved by the director.

E.

Required Parking. No parking spaces are required for a nonpermanent vendor that meets all of the standards under this section.

F.

Displaced Parking. Nonpermanent vendors may displace up to three required non-residential parking spaces for a maximum of six hours per day per parking lot, provided that no more than twenty-five percent of the total number of parking spaces on site are displaced. Required parking spaces for an existing nonresidential use may be displaced if the existing non-residential use is not open during the event.

G.

Location. Vehicles shall not be left unattended at any time, or be left onsite when inactive, or stored overnight.

H.

Obstructions. Location and operation including customers, seating, and equipment, shall not obstruct the right-of-way, sight distances, or otherwise create hazards for vehicle or pedestrian traffic. The location shall comply with applicable accessibility requirements and the Americans with Disabilities Act.

I.

Nuisances. Nonpermanent vendors shall be responsible for keeping the area clean of any litter or debris and shall provide trash receptacles for customer use on site. No vendor shall ring bells, play chimes, play an amplified musical system, or make any other notice to attract attention to its business while operating within city limits. The use of prohibited or unpermitted signs for nonpermanent vendors is not allowed.

J.

Modifications. Modifications to the standards of this section may be approved pursuant to Chapter 17.42, Modifications.

(Ord. No. 662, § 2, 12-13-23)

There shall be no construction, reconstruction, operation or maintenance of any commercial or industrial facility within the city, including but not limited to business or personnel office, oil or gas storage facilities, pipe, drilling materials, or equipment repair or storage facilities, or any other aid or support which operates directly or indirectly in support of any offshore oil or gas exploration, development, drilling, pumping or production; nor shall there be any construction, reconstruction, operation or maintenance of any pipeline

within the city for the transmission of any oil or natural gas taken or removed from any offshore oil or gas drilling or pumping operations.

A.

Zoning Changes. No zoning changes to accommodate onshore support facilities for offshore oil or gas exploration, development, drilling, pumping or production shall be enacted without a vote of the people of the city.

B.

Ordinance. The ordinance codified in this section shall not be amended or repealed without a vote of the people.

(Ord. No. 662, § 2, 12-13-23)

Outdoor dining and seating areas shall be located, developed, and operated in compliance with the following standards:

A.

Applicability. The standards of this section apply to outdoor dining and seating located on private property. Outdoor dining and seating located in the public right-of-way is subject to an encroachment permit issued by the public works department.

B.

Accessory Use. Outdoor dining and seating shall be conducted as an accessory use to a legally established eating and drinking establishment that is located on the same lot or an adjacent lot.

C.

Use Permit Required. Outdoor dining and seating area occupying three hundred fifty square feet or less area is allowed as an accessory use to a legally established eating and drinking establishment that is located on the same lot or an adjacent lot. Outdoor dining and seating area occupying more than three hundred fifty square feet require use permit approval as follows:

1.

More than three hundred fifty square feet and less than one thousand square feet. Minor use permit required.

2.

More than one thousand square feet. Conditional use permit required.

D.

Hours of Operation. Hours of operation shall be limited to the hours of operation of the associated eating and drinking establishment.

E.

Parking. Where an outdoor dining and seating area occupies less than three hundred fifty square feet, additional parking spaces for the associated eating and drinking establishment are not required. Parking shall be provided according to the required ratio in Chapter 17.27, Parking and Loading, for any outdoor dining and seating area exceeding three hundred fifty square feet.

F.

Location. Outdoor dining and seating areas may be located in required setback areas but shall not encroach into pedestrian pathways or required parking areas. Outdoor dining and seating areas may be allowed to encroach into a public right-of-way with an approved encroachment permit issued by the public works director.

G.

Noise. Amplified sound (e.g., music, television, etc.) shall not be audible beyond the lot line.

H.

Litter Removal. Outdoor dining and seating areas shall remain clear of litter at all times.

(Ord. No. 662, § 2, 12-13-23)

Outdoor display and sales shall be located, developed, and operated in compliance with the following standards:

A.

Temporary Outdoor Display and Sales. The temporary outdoor display and sale of merchandise shall comply with Section 17.30.260, Temporary Uses, and Chapter 17.41, Temporary Use Permits.

B.

Produce and Nursery Displays. The outdoor display of fresh produce or of live plants associated with an existing retail sales establishment on the same site is allowed, and no additional parking is required, subject to the following standards.

1.

The display area shall not exceed one hundred twenty-five square feet in size for produce displays or six hundred square feet for live plant displays unless a larger area is authorized pursuant to conditional use permit approval.

The display shall not disrupt the normal function of the site or its circulation and shall not encroach upon parking spaces, driveways, pedestrian walkways, or required landscaped areas.

3.

All produce shall be removed or enclosed at the close of each business day.

C.

Permanent or Ongoing Outdoor Display and Sales. The permanent or ongoing outdoor display of merchandise, except for vehicle sales and leasing requires conditional use permit approval and shall comply with the following standards:

1.

Relationship to Main Use. The outdoor display and sales area shall be directly related to a business occupying a primary structure on the subject parcel.

2.

Allowable Merchandise. Only merchandise sold at the business is permitted to be displayed outdoors.

3.

Display Locations. The displayed merchandise shall occupy a fixed, specifically approved and defined

location and shall not disrupt the normal function of the site or its circulation and shall not encroach upon parking spaces, driveways, pedestrian walkways, or required landscaped areas.

(Ord. No. 662, § 2, 12-13-23)

Personal service establishments shall be located, developed, and operated in compliance with the following standards:

A.

Hours of Operation. Hours of operation shall be limited to eight a.m. to ten p.m. unless otherwise specified in a minor use permit.

B.

Fortune, Palm, and Card Reader. Fortune, palm, and card reader establishments shall be located at a minimum of one hundred feet from a sensitive use unless approved with a minor use permit.

C.

Massage Establishments. Massage establishments shall comply with the city of Morro Bay Municipal Code. Establishments, including sole proprietorships, which offer massage in exchange for compensation that do not comply with the city of Morro Bay Municipal Code are prohibited.

D.

Tattoo or Body Modification Parlor. Tattoo and body modification parlors shall be located a minimum of one hundred feet from a sensitive use unless approved with a minor use Permit.

(Ord. No. 662, § 2, 12-13-23)

Recharging stations may be provided in any area designed for the parking or loading of vehicles.

(Ord. No. 662, § 2, 12-13-23)

Recycling facilities shall be located, developed, and operated in compliance with the following standards:

A.

Reverse Vending Machines.

1.

Accessory Use. Reverse vending machines may be installed as an accessory use to a permitted or conditionally permitted primary commercial or public/semi-public use on the same site.

2.

Location. Machines shall be located within the same building as the permitted commercial or public/semipublic use or adjacent to the entrance of the commercial host use. Machines shall not be located within fifty feet of a residential district or one thousand feet of any business that sells alcohol. Machines shall not obstruct pedestrian or vehicular circulation.

3.

Identification. Machines shall be clearly marked to identify the type of material to be deposited, operating instructions, the identity and phone number of the operator or responsible person to call if the machine is inoperative, and a notice stating that no material shall be left outside of the reverse vending machine.

4.

Signs. The maximum sign area on a machine is four square feet, exclusive of operating instructions.

5.

Lighting. Machines shall be illuminated to ensure comfortable and safe operation between dawn and dusk.

6.

Trash Receptacle. Machines shall provide a forty-gallon garbage can for nonrecyclable materials located adjacent to the reverse vending machine.

B.

Recycling Collection Facilities.

1.

Size. Recycling collection facilities shall not exceed a building site footprint of three hundred fifty square feet or include more than three parking spaces (not including space periodically needed for the removal or exchange of materials or containers).

2.

Equipment. No power-driven processing equipment, except for reverse vending machines, may be used.

3.

Location. Facilities shall not be located within fifty feet of a residential district or within one thousand feet of any business that sells alcohol.

4.

Setback. Facilities shall be set back at least ten feet from any front or corner side lot line and not obstruct pedestrian or vehicular circulation.

5.

Containers. Containers shall be constructed of durable waterproof and rustproof material and secured from unauthorized removal of material. Capacity sufficient to accommodate materials collected in the collection schedule.

6.

Identification. Containers shall be clearly marked to identify the type of accepted material, hours of operation, the identity and phone number of the operator or responsible person to call if the machine is inoperative, and a notice stating that no material shall be left outside.

7.

Signs. The maximum sign area shall be twenty percent of the area of the side of facility or container or sixteen square feet, whichever is larger. In the case of a wheeled facility, the side is measured from the pavement to the top of the container. The director may authorize increases in the number, size and nature of additional signs for necessary directional or identification purposes but not for outdoor advertising.

8.

Parking. Patrons and the attendant shall not reduce available parking spaces below the minimum number required for the main use unless a parking study shows available capacity during recycling facility operation.

Site Maintenance. Sites shall be maintained clean, sanitary, and free of litter and any other undesirable materials.

C.

Recycling Processing Facility.

1.

Location. Facilities shall not abut a residential district.

2.

Screening. The facility shall be screened from public rights-of-way, by solid masonry walls or located within an enclosed structure.

3.

Outdoor Storage. Exterior storage of material shall be in sturdy containers or enclosures that are secured and maintained in good condition. Storage shall not be visible above the height of the required solid masonry walls.

4.

Identification. Facilities shall be clearly marked with the name and phone number of the facility operator and hours of operation.

(Ord. No. 662, § 2, 12-13-23)

Self storage facilities shall be located, developed, and operated in compliance with the following standards:

A.

Business Activity. All self storage facilities shall be limited to inactive items such as furniture and files. No retail, repair, or other commercial use shall be conducted out of the individual rental storage units.

B.

No Hazardous Materials Storage. No storage of hazardous materials is permitted.

C.

Notice to Tenants. As part of the rental process, the facility manager shall inform all tenants of conditions restricting storage of hazardous materials and limitation on the use of the storage units. These restrictions shall be included in rental contracts and posted at a conspicuous location within the front of each rental unit.

D.

Open Storage. Open storage, outside an enclosed building, shall be limited to vehicles and trailers and screened from public view by building façades or solid fences.

E.

Exterior Wall Treatments and Design. Exterior walls visible from a public street or residential district shall be constructed of decorative block, concrete panel, stucco, or similar material. These walls shall include architectural relief through articulation, trim, change in color at the base, variations in height, the use of architectural "caps," attractive posts, or similar measures. A gate(s) shall be decorative iron or similar material.

F.

Screening. Where screening walls are required or proposed, they shall be constructed of decorative block, concrete panel, stucco, or similar material. The walls shall include architectural relief through variations in height, the use of architectural "caps," attractive posts, or similar measures. All gates shall be decorative iron or similar material.

G.

Fencing. A six-foot-high security fence shall be provided around the perimeter of the development at locations where the solid façades of the storage structures do not provide a perimeter barrier.

(Ord. No. 662, § 2, 12-13-23)

17.30.220 - Short-term vacation rentals (IP).

A.

Purpose. The purpose of this section is to establish a set of regulations applicable to short-term vacation rentals. In the adoption of these standards the city council finds that short-term vacation rentals support the city's significant tourism industry, but also have the potential to be incompatible with surrounding residential uses, especially when several are concentrated in the same area, as they can have a deleterious effect on the adjacent full-time residents, and may alter the character of the neighborhoods within which they are located. To that end, the city council with this chapter is adopting density limitations in residential zones, a permit scheme, and operational standards that strike the balance between these interests.

B.

Definitions. The terms used in this section shall have the following meanings, as well as the meanings of the terms as defined in Section 17.54.020, Definitions, unless the context clearly indicates otherwise; and, in the event of conflict this section shall govern unless specified.

1.

"Booking transaction" means any reservation or payment service provided by a company that facilitates a short-term vacation rental transaction between a prospective visitor and a host.

"Full-home rental" means a short-term vacation rental of no more than thirty consecutive days of a home, in whole or in part, for exclusive transient use. The guest enjoys the exclusive private use of the dwelling, and the host is not present.

3.

"Guest" means a person who rents a short-term vacation rental.

4.

"Host" means the owner or his/her authorized agent, of a short-term vacation rental, who is responsible for its operation. A host can include the property owner, a tenant, or a management company.

5.

"Home-sharing rental" means a short-term vacation rental within a dwelling that is the host's primary residence, and where the host is on site throughout the guest's stay. Home-sharing rentals include guest houses when the host is on site in the primary residence throughout the guest's stay in the guest house, and any unit in a multifamily dwelling of no more than four units, where the host lives in the primary residence or in one of the units.

6.

"Hosting platform" means a company that participates in the short-term vacation rental business by collecting or receiving a fee, directly or indirectly through an agent or intermediary, for conducting a booking transaction using any medium of facilitation.

7.

"Junior accessory dwelling unit" shall have the same meaning as the term is defined in Section 65852.22 of the Government Code.

8.

"Local contact person" means an individual who is personally available by telephone on a twenty-four-hour basis and who maintains the ability to initiate corrective action within one hour of being notified of a concern or complaint and who has authority to address violations of this chapter or any disturbance or problem at a short-term vacation rental.

9.

"Primary residence" means the usual place of return for housing of an owner or long-term resident as documented by at least two of the following: motor vehicle registration, driver's license, California state identification card, voter registration, income tax return, or property tax bill. A person can only have one primary residence.

C.

Short-Term Vacation Rentals—General.

1.

Short-term vacation rentals may only be operated pursuant to a current and valid short-term vacation rental permit from the city of Morro Bay, as well as a current and valid city business license, in accordance with all the requirements of this section. Permits shall be obtained by the property owner. Permits shall be valid for no more than twelve months, unless renewed.

2.

Permits are non-transferable and are unique to the specific property and property owner. A permit for a property shall not be valid for a successor owner or host.

3.

Short-term vacation rentals are permitted in residential, commercial, and mixed use zoning districts only. Full-home short-term vacation rentals in residential districts shall be subject to the density limitations of Section 17.30.220 D, Short-Term Vacation Rentals—Density Limitations, below.

4.

Short-term vacation rentals shall not be operated in vehicles or in non-habitable or illegally constructed structures, such as sheds, unconverted garages, cars, vans, or trucks, unpermitted attached or detached accessory dwelling units, unpermitted rooms or patios, etc.

5.

Short-term vacation rentals shall not be operated from dwellings that are designated as affordable housing units, or out of mobile home parks.

6.

Short-term vacation rentals may not be operated from boats in the harbor, or from recreational vehicles unless permitted through the conditional use permit process.

7.

Operation of short-term vacation rentals in housing developments shall be permitted to the extent they are permitted by the development's CC&Rs. All provisions of this section shall apply. In case of conflict between this section and the development's CC&Rs, the more restrictive provisions shall apply. The city shall not be responsible for enforcing CC&R provisions relating to short-term vacation rentals.

8.

The city shall provide public information regarding validly permitted short-term vacation rentals.

9.

The provisions of this section shall apply to both home-sharing and full-home short-term vacation rentals, unless otherwise indicated.

10.

The host, and the property owner, if different, have the responsibility to ensure that the short-term vacation rental and its guests comply with all the provisions of this chapter. The city must have current contact information for both the local contact person and the host, if they are different. Any change in contact information must be provided to the city forthwith.

11.

Transient occupancy tax, Morro Bay Tourism Business Improvement District assessments and San Luis Obispo County Tourism Marketing District (SLOCTMD) assessment shall be collected on short-term vacation rentals in accordance with Chapters 3.24 (Transient Occupancy Tax) and 3.60 (Tourism Business Improvement District Law) of the Morro Bay Municipal Code. Short-term vacation rentals must contribute a minimum of five hundred dollars of TOT annually to maintain a valid permit.

12.

The city council may by resolution promulgate additional regulations relating to the operation of permitted short-term vacation rentals, including but not limited to, a training program for current and potential hosts, content guidelines for an informational brochure to be provided to guests (good neighbor brochure), and additional reporting requirements.

13.

The use of a guest house as a short-term vacation rental is prohibited, unless the guest house is rented as a home-share vacation rental with the host on site in the primary residence throughout the guest's stay in the guest house.

14.

Notwithstanding any other provision herein, short-term vacation rentals shall not be operated out of accessory dwelling units or junior accessory dwelling units, as provided in state law, except as provided for in Section 17.30.220 E, Nonconforming Short-Term Vacation Rentals.

D.

Short-Term Vacation Rentals—Density limitations.

1.

The maximum allowable number of full-home short-term vacation rentals in residential zones is one hundred seventy-five, subject to Section 17.41.220 E, Nonconforming Short-Term Vacation Rentals. No new permit applications for full-home short-term vacation rentals in a residential zone will be accepted until the number of active permits drops below one hundred seventy-five. This limitation shall not apply to home-share short-term vacation rentals in residential zones. This limitation applies to all accessory dwelling units or junior accessory dwelling units. No maximum number of short-term vacation rentals applies to the commercial and mixed-use zones.

Property owners who wish to apply for short-term vacation rental permits for property in a residential zone shall be issued permits on a first-come, first-served basis, provided the proposed short-term vacation rentals do not violate the density limitations herein. Applicants who are not eligible for a permit due to these density limitations shall be placed on a chronologically maintained waiting list.

3.

Multi-family Developments in Commercial and Mixed Use Zoning Districts. No more than twelve and onehalf percent (one hundred eighteenth) of the total number of units in an attached single-unit dwelling or multi-unit residential in a commercial and mixed use zoning district can be operated as a short-term vacation rental. Multi-family dwellings of fewer than eight units shall have no more than one unit operating as a short-term vacation rental. Any commercial and mixed use zoned lot with an attached or detached single-unit dwelling and multi-unit residential shall also be subject to these density limitations.

4.

Full-Home Single-Family Dwellings in Residential Zoning Districts.

a.

Single-family dwelling full-home short-term vacation rentals in residential zones must be separated by a one hundred seventy-five feet radius (as measured from exterior property line) from any other full-home short-term vacation rental in a residential district. This limitation applies to a detached single-unit dwelling used as a full-home rental, and this limitation does not apply to a detached single-unit dwelling used as a home-share rental. This limitation applies to all accessory dwelling units or junior accessory dwelling units. Abutting or intervening lots with attached single-unit dwellings or multi-unit residentials are also subject to this spacing limitation.

b.

Only one full-home short-term vacation rental shall be permitted on any property with a detached singleunit dwelling.

5.

Multi-family developments in residential districts may not be used as short-term vacation rentals.

E.

Nonconforming Short-Term Vacation Rentals. A short-term vacation rentals lawfully permitted by the city prior to the effective date of this ordinance, and in good standing with the city on the effective date of this chapter, shall be considered legal nonconforming uses not subject to the limitations of Section 17.30.220 D, Short-Term Vacation Rentals—Density Limitations, provided they obtain a new short-term vacation rental permit pursuant to this chapter within one year of its effective date. The permit application in conformance with this section should be filed in lieu of a renewal application.

F.

Permit Application and Renewal.

1.

A completed application for a short-term vacation rental permit shall be submitted by the property owner to the finance director on a form provided by the city, and shall include the following information:

a.

Name, address, and current contact information of the property owner/applicant. Any change in this information must be provided to the city forthwith. The application must be signed under penalty of perjury by the property owner. A permit application may not be submitted or signed by a property management company or other commercial agent.

b.

If different from the property owner, name and address of the host, including current contact information.

c.

Address and description of the property that will be used as a short-term vacation rental. The description shall include number of rooms, maximum guest occupancy, amenities, and available parking for guests.

d.

Whether the short-term vacation rental will be operated as a home-sharing or full-home rental.

e.

The house rules for the short-term vacation rental and any other information that will be provided to the guest.

f.

Proof that the property owner has insured the property as a short-term vacation rental.

g.

Hosting platforms that will advertise the property.

h.

A copy of any valid and current short-term vacation rental permit held by the applicant for any other property in the city.

i.

Information on any short-term vacation rental permits that have been suspended or revoked as to the host or the property owner anywhere in the State of California, or as to the property, within the previous two years, and the reasons therefor.

j.

If the property owner has been asked or been compelled to no longer advertise with a hosting platform within the previous two years, and the reasons therefor.

Inspection.

a.

A completed application shall include a completed inspection report. The report shall include:

i.

Number of exits.

ii.

Conformance with application information.

iii.

Sufficient off-street parking.

iv.

Signage, per requirements.

v.

A good neighbor brochure.

vi.

Compliance with any other applicable code requirement.

b.

Short-term vacation rentals shall be inspected as part of the initial application, and every four years thereafter at the time of renewal. Each renewal application when a city inspection is not required will include a self-inspection form to be filled out and signed under penalty of perjury by the property owner.

c.

Properties may be additionally inspected to ensure that any violations are timely corrected.

d.

Any change in the information in the application, whether the change occurs while the application is pending, or at any time after the permit issues, must be provided to the city forthwith.

The city shall review the application for completeness. If the application is incomplete, the city shall inform the applicant in writing within thirty days of receipt of the application, articulating the necessary additional information for completeness. An application that is found to be incomplete upon a second submission shall be deemed abandoned.

4.

The city shall deny, conditionally approve, or approve an application within forty-five days of receipt of a completed application. Conditions imposed shall be aimed at ensuring that the short-term vacation rental does not create a disturbance in the neighborhood, and is not operated in a manner that will undermine the character of its neighborhood.

5.

Renewals.

a.

Permit renewals shall be submitted sixty days prior to permit expiration on a form provided by the city and signed by the property owner. Renewal forms must detail any changes in the short-term vacation rental (bedrooms, ownership, number of guests, parking, etc.), and shall otherwise certify that other than what is listed as a change, the information in the original application remains the same.

b.

Permit renewals that are not timely submitted per subsection 5.a. may experience a delay in reissuance. In the event a permit expires before the renewal permit is issued because of a delay in renewal submittal, the permit shall be deemed suspended until the renewal issues, and the short-term vacation rental may not be rented as such.

c.

Any permit whose renewal application is submitted after the permit's expiration shall be deemed abandoned. Reapplication shall only be accepted in full compliance with all the provisions of this section, including the density limitations.

6.

Permit applications and renewals shall be subject to permit fees in accordance with the city's master fee schedule. Permit fees shall include, but not be limited to, the reasonable cost of processing the application and inspection fees, as applicable.

G.

Permit Denial, Suspension, and Revocation. A short-term vacation rental permit may be denied, suspended, or revoked based on the following grounds:

1.

A material misrepresentation on the application or renewal materials.

The dwelling that is the subject of the application or permit is not in full compliance with all applicable local, state, and federal regulations.

3.

The host has violated, or has permitted his/her guest to violate, the terms of the hosting platform, and as a result the hosting platform has withdrawn its permission to advertise on that platform.

4.

The host has violated, or has permitted his/her guest to violate, any of the operational requirements in Section 17.30.220 I, Operational Requirements. A host is presumptively permitting violations of the applicable regulations under the following circumstances:

a.

If the violation consists of conduct by the guest that is disturbing the peace and quiet of the neighbors, or that constitutes an immediate threat to the health and safety, and the host does not initiate corrective action within one hour of being notified of the disturbance; or

b.

If the noticed violation is not corrected before the next guest arrives at the property.

5.

The property owner has had a short-term vacation rental permit revoked or suspended in the preceding two years.

6.

Grounds for Suspension. The city may initiate suspension proceedings for minor violations of this section, or of any applicable code, that are not timely corrected. Additional guidance on the grounds for suspension may be provided in the implementing regulations. A permit may be suspended for up to one hundred eighty days.

7.

Grounds for Revocation. The city may initiate revocation proceedings for repeated or serious violations of this section or of any applicable code. Serious violations include any condition that is a threat to the guest's, the neighbors', or the public's health, safety, and welfare; or, conditions that constitute a public nuisance. Additional guidance may be provided in the implementing regulations.

8.

A notice of intent to suspend or revoke, and the reasons therefore, shall be provided to the permit holder. The permit holder shall have fifteen days to submit relevant evidence for the city manager's consideration.

The city manager shall issue a written decision articulating the grounds therefor within an additional fifteen days, taking into consideration any relevant evidence submitted by the permit holder.

9.

Any property owner whose permit is revoked may not reapply for a short-term vacation rental for the property for which the permit was revoked, or for any other property, for two years following the date of revocation. Revocation of a permit shall not affect any other current and valid short-term rental vacation permits by that property owner.

H.

Appeal of Permit Denial, Suspension, or Revocation. Any person whose permit application was denied, or whose permit was suspended or revoked, may appeal the decision as follows.

1.

An appeal must be submitted in writing to the city manager within fifteen days of the date of the decision. The appeal must articulate the reasons therefor, and shall be accompanied by an appeal fee in accordance with the city's master fee schedule.

2.

The city manager shall schedule an appeal hearing within thirty days of receipt of the appeal before an independent hearing officer, at which hearing the host will have an opportunity to be heard and to present evidence. Compensation for the independent hearing officer shall not be determined by the outcome of any appeal.

3.

The host shall be provided with notice of the hearing no later than ten days prior to the hearing. The hearing may be postponed for good cause.

4.

The hearing officer shall not be bound by the formal rules of evidence. The hearing officer may consider all relevant evidence and may exclude repetitive or irrelevant evidence.

5.

The hearing officer shall provide a written decision within ten days of the hearing and shall articulate the reasons therefor. The decision of the hearing officer shall be final. The hearing officer's decision may be challenged pursuant to Sections 1094.5 and 1094.6 of the Code of Civil Procedure, which shall be referenced in the written decision.

I.

Operational Requirements. Short-term vacation rentals must comply with the following requirements.

A copy of the short-term vacation rental permit must be posted in a prominent location within the shortterm vacation rental.

2.

The host shall use reasonably prudent business practices to ensure that the short-term vacation rental is used in a manner that complies with all applicable laws, rules, and regulations pertaining to its use and occupancy.

3.

Parking.

a.

Short-term vacation rentals must provide sufficient onsite parking spaces for their guests; no offsite or other street parking is allowed.

b.

Onsite parking should be only in legal spaces required for the applicable housing type.

4.

Short-term vacation rental operators must notify guests of the city's licensing requirement. The permit number must be included in the hosting platform advertisement.

5.

No one under the age of twenty-one years shall be permitted as the primary renter of a short-term vacation rental.

6.

The host shall use reasonably prudent business practices to ensure that short-term vacation rental guests do not violate the provisions of this ordinance or violate provisions of the code or any state law, such as but not limited to, regulations pertaining to noise, disorderly conduct, overcrowding, the consumption of alcohol, or the use of illegal drugs.

7.

Occupancy for each full-home rental shall be limited to two individuals per bedroom, plus two, for a maximum of ten guests; occupancy for home-share rentals shall be limited to two individuals per bedroom. Children under three years of age are excluded from the occupancy limits but children three and older are included.

8.

Guests must comply with all local noise restrictions.

While a short-term vacation rental unit is rented, a local contact person shall be available twenty-four hours per day, seven days per week, to respond to complaints or notification of violations, and if appropriate initiate corrective action regarding the conduct of the occupants or their guests, or the condition or operation, of the short-term vacation rental, within one hour of being notified.

10.

The host shall:

a.

Prior to occupancy:

i.

Obtain the contact information of the guest.

ii.

Require the guest to execute a written acknowledgment that he or she is legally responsible for compliance by all occupants of the short-term vacation rental with all applicable laws, rules, and regulations pertaining to the use and occupancy of the short-term vacation rental.

b.

Maintain the information required in item a, above, for a period of two years, and make such information available upon request to any officer of the city responsible for the enforcement of any provision of this chapter or any other applicable local, state, or federal regulations.

c.

Provide guests with the good neighbor brochure, the name and number of the local contact person where problems can be reported, the city's hotline number, and the short-term vacation rental's house rules.

11.

A sign shall be posted in a location visible and legible from the public right-of-way that contains the following information:

a.

Identification as a short-term vacation rental, including the permit number.

b.

Twenty-four-hour contact information in case of problems or complaints, in conformance with subsection I, above.

Short-term vacation rentals shall be subject to the provisions of Chapter 8.16, Solid Waste Management, of the Morro Bay Municipal Code; in addition, short-term vacation rentals shall not leave their solid waste containers curbside any earlier than the day before pickup, or any later than one day after pickup. If this requirement cannot be met, the host must provide for concierge trash service, if this service is available at the property.

J.

Advertising.

1.

All short-term vacation rental advertisements shall include the permit number.

2.

Advertising of unpermitted short-term vacation rentals is prohibited.

K.

Penalty and Enforcement.

1.

Violations of this section are deemed a public nuisance, and may be abated as such.

2.

Each day a violation continues is deemed a new violation.

3.

Violations of this section may be punishable as infractions or misdemeanors, pursuant to Chapter 1.16 of the Morro Bay Municipal Code.

4.

Violations of this section may be punishable thorough administrative fines, in accordance with Chapter 1.03 of the Morro Bay Municipal Code, as may be set by city council resolution.

5.

The owner of any illegally operated short-term vacation rental that is on the wait-list for a permit is presumed to have actual knowledge of the permit requirement. The owner of the illegally operated shortterm vacation rental, as well as the unpermitted short-term vacation rental, shall be removed from the permit waiting list, and the host may not reapply for a short-term vacation rental permit for any property for two years. Any application for the same property shall also be barred for two years, irrespective of ownership.

(Ord. No. 662, § 2, 12-13-23)

Single-room occupancy (SRO) units shall be located, developed, and operated in compliance with the following standards.

A.

Occupancy. An SRO unit shall be occupied by a single person. Occupancy of SRO units may be restricted to seniors or be available to persons of all ages.

B.

Facilities. Units in an SRO housing development shall consist of a single room and may have a private or shared bathroom. A shared common kitchen and activity area may also be provided.

C.

Management. On-site management shall be provided unless waived through a minor use permit approval.

(Ord. No. 662, § 2, 12-13-23)

Renewable energy systems shall be located, developed, and operated in compliance with the following standards:

A.

Solar Energy Systems.

1.

Height, Ground-Mounted Solar Energy Systems. The maximum height of a ground-mounted solar energy collector system is twenty-five feet or the maximum height allowed in the base or overlay district, whichever is less.

2.

Required Setback. Solar energy systems less than six feet in height may be installed within a required side and rear setback, but no closer than three feet to any property line. All other solar energy systems shall meet the required setback of the base or overlay district.

3.

Required Permit. Roof-mounted solar energy systems and ground-mounted solar energy systems located over a parking area are allowed in all districts and no use permit is required. Ground-mounted solar energy systems that are not located over a parking area are allowed in all districts subject to minor use permit approval.

B.

Other Renewable Energy Systems. Other types of accessory or minor renewable energy systems may be allowed in all districts subject to conditional use permit approval.

(Ord. No. 662, § 2, 12-13-23)

A.

Applicability and Exemptions. The requirements of this section apply to all telecommunication facilities that transmit and/or receive electromagnetic signals, including but not limited to personal communications services (cellular and paging) and radio and television broadcast facilities. The requirements apply to telecommunication facilities that are the primary use of a property and those that are accessory facilities, except that the following accessory facilities are exempt:

1.

Licensed amateur (ham) radio and citizen band operations.

2.

Hand-held, mobile, marine, and portable radio transmitters and/or receivers.

3.

Emergency services radio.

4.

Radio and television mobile broadcast facilities.

5.

Antennas and equipment cabinets or rooms completely located inside of permitted structures.

6.

A single ground- or building-mounted receive-only radio or television antenna not exceeding the maximum height permitted by this code, including any mast, or a receive-only radio or television satellite dish antenna, subject to the following restrictions:

a.

Residential Districts. A satellite dish that does not exceed one meter in diameter and is for the sole use of a resident occupying the same residential parcel is permitted anywhere on a lot in the residential district so long as it is affixed to the interior side or rear of a structure, the rear half of the roof of the primary dwelling or garage, or is ground-mounted. Such an antenna may be mounted on a mast provided the overall height of the antenna and its supporting mast does not exceed a height of twelve feet above the roofline unless authorized with a minor use permit.

i.

The director may, without public notice or hearing, grant a waiver from the above standards if application of the standards:

(1)

Unreasonably delay or prevent use of a satellite antenna;

(2)

Unreasonably increase the cost of the installation, maintenance or use of a satellite antenna; or

(3)

Preclude a person from receiving or transmitting an acceptable quality signal from an antenna subject to the standards of this section

b.

Non-Residential Districts.

i.

Satellite Dish Two Meters or Less. A satellite dish that does not exceed two meters in diameter is permitted anywhere on a lot where a commercial or industrial use is allowed provided it is affixed to the interior side or rear of a structure or to the roof of a structure and is sited and screened to minimize visibility from a

street. Such an antenna may be mounted on a mast provided the overall height of the antenna and its supporting mast does not exceed a height of twelve feet above the roofline unless authorized with a minor use permit.

ii.

Satellite Dish Greater than Two Meters. A satellite dish that is greater than two meters in diameter that is not located within a required front yard or street side yard and is screened from view from any public rightof-way and adjoining residential district.

c.

Undergrounding Required. All wires and/or cables necessary for operation of an antenna shall be placed underground or attached flush with the surface of the building or the structure of the antenna.

7.

Any antenna or wireless communications facility that is exempt from local regulation pursuant to the rules and regulations of the Federal Communications Commission (FCC) or a permit issued by the California Public Utilities Commission (CPUC). The owner or operator of such facility shall provide the director with a copy of a current FCC or CPUC permit or a copy of applicable FCC regulations prior to its installation.

8.

Minor modifications to existing wireless facilities, including replacement in-kind or with smaller or less visible equipment, that meet the standards set forth in this section and will have little or no change in the visual appearance of the facility.

B.

Permit Requirements. At the sole discretion of the director, technical information submitted as part of a project application may be referred to a technical professional retained by the city to provide independent peer review of information for consistency with the requirements of this chapter. The applicant shall pay the reasonable actual cost and a reasonable administrative fee for hiring a technical professional to provide peer review.

1.

Stealth Facilities. Stealth facilities in which the antenna and the support equipment are hidden from view in a structure or concealed as an architectural feature, are permitted in all districts subject to conditional use permit approval.

2.

Co-Located Facilities. Permitted by right when proposed to be co-located on a facility that was subject to a discretionary permit issued on or after January 1, 2007 and an environmental impact report was certified, or a negative declaration or mitigated negative declaration was adopted for the wireless telecommunication collocation facility in compliance with the California Environmental Quality Act and the collocation facility incorporates required mitigation measures specified in that environmental impact report, negative declaration, or mitigated negative declaration.

3.

Non-Stealth Facilities. Permitted in all districts subject to conditional use permit approval.

C.

Standards. Telecommunication facilities shall be located, developed, and operated in compliance with all of the following standards and with applicable standards of the zoning district in which they are located.

1.

Location and Siting.

a.

No new freestanding facility, including a tower, lattice tower, or monopole, shall be located within one thousand feet of another freestanding facility, unless appropriate camouflage techniques have been used to minimize the visual impact of the facility to the extent feasible, and mounting on a building or co-location on an existing pole or tower is not feasible.

b.

All wireless telecommunication facilities shall meet the building setback standards of the district which they are to be located.

c.

When feasible, providers of personal wireless services shall co-locate facilities in order to reduce adverse visual impacts. The director may require co-location or multiple-user wireless telecommunication facilities based on a determination that it is feasible and consistent with the purposes and requirements of this section.

d.

When determined to be feasible and consistent with the purposes and requirements of this section, the director shall require the applicant to make unused space available for future co-location of other telecommunication facilities, including space for different operators providing similar, competing services.

2.

Support Structures. Support structures for telecommunication facilities may be any of the following:

a.

An existing non-residential building.

b.

An existing structure other than a building, including, but not limited to, light poles, electric utility poles, water towers, smokestacks, billboards, lattice towers, and flag poles. This term includes an electric utility pole erected to replace an existing electric utility pole, if the replacement pole will serve both electric and wireless communications functions, and if the replacement pole is substantially equivalent to the predecessor pole in placement, height, diameter and profile.

c.

An alternative tower structure such as a clock tower, steeple, functioning security light pole, functioning recreational light pole, or any similar alternative-design support structure that conceals or camouflages the telecommunication facility. The term "functioning" as used herein means the light pole serves a useful and appropriate lighting function as well as a wireless communications function.

d.

Existing publicly-owned and operated monopole or a lattice tower exceeding the maximum height limit.

e.

A single pole (monopole) sunk into the ground and/or attached to a foundation. Any new monopole shall be constructed to allow for co-location of at least one other similar communications provider.

f.

A monopole mounted on a trailer or a portable foundation if the use is for a temporary communications facility.

3.

Height Requirements. Telecommunications facilities are subject to the height limitations of the district in which it is located except as provided below.

a.

Building-Mounted Facilities. Building-mounted telecommunication facilities shall not exceed a height of twelve feet above the height limit of the district or twelve feet above the existing height of a legally established building or structure, whichever is lower, measured from the top of the facility to the point of attachment to the building.

b.

Facilities Mounted on Structures. Telecommunication facilities mounted on an existing structure shall not exceed the height of the existing structure unless camouflaged as part of the structure design, except antennas may extend up to twelve feet above the height of an electric utility pole.

c.

Facilities Mounted on Light Poles. A functioning security light pole or functioning recreational light pole shall have a height consistent with existing poles in the surrounding area or height usually allowed for such light poles.

4.

Design and Screening. Telecommunication facility structures and equipment shall be located, designed and screened to blend with the existing natural or built surroundings, as well as any existing support structures, so as to reduce visual impacts to the extent feasible.

a.

Stealth Facilities. State of the art stealth design technology shall be utilized as appropriate to the site and type of facility. Where no stealth design technology is proposed for the site, a detailed analysis as to why stealth design technology is physically and technically infeasible for the project shall be submitted with the application.

b.

Other Facility Types. If a stealth facility is not feasible, the order of preference for facility type is, based on their potential aesthetic impact: façade-mounted, roof-mounted, ground-mounted, and free-standing tower or monopole. A proposal for a new ground-mounted or free-standing tower shall include factual information to explain why other facility types are not feasible.

c.

Minimum Functional Height. All free-standing antennas, monopoles, and lattice towers shall be designed to be the minimum functional height and width required to support the proposed antenna installation, unless it can be demonstrated that a higher antenna, monopole, or tower will facilitate co-location.

d.

Camouflage Design. Telecommunication facilities that are mounted on buildings or structures shall be designed to match existing architectural features, incorporated in building design elements, camouflaged, or otherwise screened to minimize their appearance in a manner that is compatible with the architectural design of the building or structure.

e.

Equipment Cabinets. Equipment cabinets shall be located within the building upon which antennae are placed, if technically feasible. Otherwise, equipment cabinets and buildings, and associated equipment such as air conditioning units and emergency generators, shall be screened from view by a wall or landscaping, as approved by the city. Any wall shall be architecturally compatible with the building or immediate surrounding area.

f.

Landscaping. Landscaping shall be provided for and maintained to screen any ground structures or equipment visible from a public right-of-way.

g.

Lighting. Artificial lighting of a telecommunication facility, including its components, is prohibited, unless required by the Federal Aviation Administration. A motion-sensor light may be used for security purposes if the beam is directed downwards, shielded from adjacent properties, and kept off except when personnel are present at night.

h.

Advertising. No advertising shall be placed on telecommunication facilities, equipment cabinets, or associated structures.

5.

Security Features. All facilities shall be designed to minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions that would result in hazardous conditions, visual blight, or attractive nuisances.

a.

Fencing. Security fencing, if any, shall not exceed the fence height limit of the base district. Fencing shall be effectively screened from view through the use of landscaping. No chain link fences shall be visible from public view.

b.

Maintenance. The permittee shall be responsible for maintaining the site and facilities free from graffiti.

6.

Radio Frequency Standards, Interference, and Noise.

a.

Radio Frequency. Telecommunication facilities shall comply with federal standards for radio frequency emissions and interference. Failure to meet federal standards may result in termination or modification of the permit.

b.

Interference. Telecommunications facilities shall not interfere with public safety radio communications.

c.

Noise. Telecommunication facilities and any related equipment, including backup generators and air conditioning units, shall not generate continuous noise in excess of forty decibels (dBa) measured at the property line of any adjacent residential property, and shall not generate continuous noise in excess of fifty dBa during the hours of seven a.m. to ten p.m. and forty dBa during the hours of ten p.m. to seven a.m. measured at the property line of any non-residential adjacent property. Backup generators shall only be operated during power outages and for testing and maintenance purposes. Testing and maintenance shall only take place on weekdays between the hours of eight a.m. and five p.m.

7.

Co-Location. The applicant and owner of any site on which a telecommunication facility is located shall cooperate and exercise good faith in co-locating telecommunication facilities on the same support structures or site. Good faith shall include sharing technical information to evaluate the feasibility of colocation, and may include negotiations for erection of a replacement support structure to accommodate colocation. A competitive conflict to co-location or financial burden caused by sharing information normally will not be considered as an excuse to the duty of good faith.

a.

All facilities shall make available unused space for co-location of other telecommunication facilities, including space for these entities providing similar, competing services. Co-location is not required if the host facility can demonstrate that the addition of the new service or facilities would impair existing service or cause the host to go offline for a significant period of time. In the event a dispute arises as to whether a permittee has exercised good faith in accommodating other users, the city may require the applicant to obtain a third party technical study at applicant's expense. The city may review any information submitted by applicant and permittee(s) in determining whether good faith has been exercised.

b.

All co-located and multiple-user telecommunication facilities shall be designed to promote facility and site sharing. Telecommunication towers and necessary appurtenances, including but not limited to parking

areas, access roads, utilities and equipment buildings, shall be shared by site users whenever possible.

c.

No co-location may be required where it can be shown that the shared use would or does result in significant interference in the broadcast or reception capabilities of the existing telecommunication facilities or failure of the existing facilities to meet federal standards for emissions.

d.

Failure to comply with co-location requirements when feasible or cooperate in good faith as provided for in this section is grounds for denial of a permit request or revocation of an existing permit.

8.

Fire Prevention. All telecommunication facilities shall be designed and operated in a manner that will minimize the risk of igniting a fire or intensifying one that otherwise occurs.

a.

At least one-hour fire resistant interior surfaces shall be used in the construction of all buildings.

b.

The exterior walls and roof covering of all above-ground equipment shelters and cabinets shall be constructed of materials rated as non-flammable in the building code.

c.

Monitored automatic fire extinguishing systems shall be installed in all equipment buildings and enclosures.

d.

Openings in all above-ground equipment shelters and cabinets shall be protected against penetration by fire and wind-blown embers to the extent feasible.

9.

Surety Bond. As a condition of approval, an applicant for a building permit to erect or install a telecommunication facility shall be required to post a cash or surety bond in a form and amount acceptable to the city attorney to cover removal costs of the facility in the event that its use is abandoned or the approval is otherwise terminated.

D.

Required Findings.

1.

General Findings. In approving a telecommunication facility, the decision-making authority shall make the following findings:

a.

The proposed use conforms with the specific purposes of this section and any special standards applicable to the proposed facility;

b.

The applicant has made good faith and reasonable efforts to locate the proposed facility on a support structure other than a new ground-mounted antenna, monopole, or lattice tower or to accomplish colocation;

c.

The proposed site results in fewer or less severe environmental impacts than any feasible alternative site; and

d.

The proposed facility will not be readily visible or it is not feasible to incorporate additional measures that would make the facility not readily visible.

2.

Additional Findings for Facilities Not Co-Located. To approve a telecommunication facility that is not colocated with other existing or proposed facilities or a new ground-mounted antenna, monopole, or lattice tower the decision-making authority shall find that co-location or siting on an existing structure is not feasible because of technical, aesthetic, or legal consideration including that such siting:

a.

Would have more significant adverse effects on views or other environmental considerations;

b.

Is not permitted by the property-owner;

c.

Would impair the quality of service to the existing facility; or

d.

Would require existing facilities at the same location to go off-line for a significant period of time.

3.

Additional Findings for Setback Reductions. To approve a reduction in setback, the decision-making authority shall make one or more of the following findings:

a.

The facility will be co-located onto or clustered with an existing, legally established telecommunication facility; and/or

b.

The reduced setback enables further mitigation of adverse visual and other environmental impacts than would otherwise be possible.

4.

Additional Findings for Any Other Exception to Standards. The planning commission may waive or modify requirements of this section upon finding that strict compliance would result in noncompliance with applicable federal or state law.

E.

Vacation and Removal of Facilities. The service provider shall notify the director of the intent to vacate a site at least thirty days prior to the vacation. The operator of a telecommunications facility shall remove all unused or abandoned equipment, antennas, poles, or towers within sixty days of discontinuation of the use and the site shall be restored to its original, pre-construction condition.

(Ord. No. 662, § 2, 12-13-23)

This section establishes standards for certain uses that are intended to be of limited duration of time and that will not permanently alter the character or physical facilities of the site where they occur. The provisions of this section shall not apply to temporary uses conducted or operated as part of an approved farmer's market or other event occurring under a special permit issued by the city of Morro Bay.

A.

Temporary Uses Not Requiring a Use Permit. The following types of temporary uses may be conducted without a temporary use permit. Other permits, such as building permits, may be required.

1.

Garage and Yard Sales. Sales of personal property conducted by a resident of the premises may be conducted in accordance with the following standards.

a.

No more than two garage/yard sales shall be conducted on a site in any twelve-month period.

b.

No single sale event shall be conducted for longer than three consecutive days.

c.

The display of property for sale shall be located on the lot and not within the public right-of-way.

Non-Profit Fund Raising. Fund raising sales for up to three days per event is permitted on a site by a nonprofit organization, not to be conducted more frequently than three times per year per site.

3.

Temporary Construction Office Trailers. On-site temporary construction offices during the period of construction. Screening may be required by the director.

B.

Temporary Uses Requiring a Temporary Use Permit. Other temporary uses may be permitted pursuant to Chapter 17.41, Temporary Use Permits, subject to the following standards. Additional or more stringent requirements may be established through the temporary use permit process in order to prevent the use from becoming a nuisance with regard to the surrounding neighborhood or the city as a whole.

1.

Sales Offices and Model Homes. Model homes with sales offices and temporary information/sales offices in new residential developments are subject to the following requirements.

a.

Time Limits.

i.

Temporary Sales Office. A temporary information/sales trailer may be used during the construction of the model homes for a maximum period of six months or completion of the first phase of the development, whichever occurs first. One six-month extension maybe approved by the director.

ii.

Model Homes. Model homes may be established and operated for a term period of one year or until completion of the sale of the lots or units, whichever comes first. One-year extensions may be approved by the director until the sale of all lots/residences is completed.

b.

Location of Sales. Real estate sales conducted from a temporary sales office are limited to sales of lots or units within the development.

c.

Return to Residential Use. Prior to the sale of any of the model homes as a residence, any portion used for commercial purposes shall be converted to its intended residential purpose.

Temporary Produce Stands in the Agriculture District. Temporary seasonal stalls or stands not greater than one thousand square feet in area for the sale of produce, hay or feed, fifty percent of which is grown on-site or on sites which are leased or owned by the same tenant/owner within the agriculture district. Said use shall provide adequate access and parking.

3.

Seasonal Sales. The annual sales of holiday related items such as Christmas trees, pumpkins and similar items may be permitted in accordance with the following standards:

a.

Location. Seasonal sales are limited to non-residential districts.

b.

Time Period. Seasonal sales associated with holidays are allowed up to a month preceding and one week following the holiday. Christmas tree sales are allowed from Thanksgiving Day through December 31st.

c.

Goods, Signs and Temporary Structures. All items for sale, as well as signs and temporary structures, shall be removed within ten days after the end of sales, and the appearance of the site shall be returned to its original state.

4.

Temporary Refrigeration. Premises within non-residential districts on or near the waterfront that are associated with the processing or wholesale sale of fish, may be used to place temporary refrigeration facilities, provided that:

a.

Length of Use. The temporary refrigeration facilities will be allowed only for a period not exceeding two weeks within any six months;

b.

Use Conflicts. The installation of the facilities is found by the director not to conflict with the use of the premises or with the enjoyment of neighboring premises; and

c.

Power Source. The temporary refrigeration facilities shall be operated by a power source from the electric public utility.

5.

Special Events and Sales. Other short term special events may be permitted in accordance with the following standards:

a.

Location. Events are limited to non-residential districts.

b.

Duration. Events shall not exceed seven consecutive days or more than ten cumulative days in a year.

c.

Signs. Outdoor uses may include the addition of one nonpermanent sign up to a maximum size of four square feet in area.

d.

Time Limit. When located adjacent to a residential district, the hours of operation shall be limited to eight a.m. to nine p.m.

C.

Temporary Uses Requiring a Conditional Use Permit. Other temporary events and special events, outdoor sales, and displays that do not meet the standards for temporary uses that require a temporary use permit, may be allowed with the approval of a conditional use permit.

(Ord. No. 662, § 2, 12-13-23)

17.30.270 - Urban agriculture.

Urban agriculture uses shall be located, developed, and operated in compliance with the following standards.

A.

Community and Market Gardens.

1.

Management. A manager shall be designated for each garden who shall serve as liaison between gardeners, property owner(s), and the city.

2.

Hours of Operation. Gardens shall only be tended between dawn and dusk unless additional hours are approved pursuant to a minor use permit.

3.

Buildings and Structures. Accessory buildings, such as sheds, greenhouses, and hoophouses are allowed and shall comply with the property development standards of the district.

Equipment. Use of mechanized farm equipment is prohibited except as provided below or approved pursuant to a minor use permit.

a.

Heavy equipment may be used initially to prepare the land for gardening.

b.

Landscaping equipment designed for household use is permitted.

5.

Operational Plan. The applicant shall submit an operational plan that identifies roles and responsibilities, contact information, and operations.

6.

Maintenance.

a.

The operator shall be responsible for the overall maintenance of the site and shall remove weeds, debris, etc. in a timely manner.

b.

Soil amendments, composting, and waste material shall be managed and shall not attract nuisance flies or support growth of flies.

7.

Composting.

a.

Compost and compost receptacles shall be located so as not to be visible from a public right-of-way.

b.

Compost and compost receptacles shall be set back a minimum of twenty feet from residential buildings.

c.

In residential districts, composting is limited to the materials generated on-site and shall be used on-site.

8.

Utilities. The land shall be served by a water supply sufficient to support the cultivation practices used on the site.

Restrooms. If proposed, restrooms shall be connected to public utilities. Portable restrooms are not permitted.

B.

Private Gardens.

1.

Buildings and Structures. Accessory buildings, such as sheds, greenhouses, and hoophouses are allowed and shall comply with the property development standards of the district.

2.

Equipment. Pull behind equipment is prohibited. Only household garden tools and equipment, applicators and products, may be used. This includes, but is not limited to, soil preparation, cultivation, planting, application of chemicals, dust control, harvesting, etc.

3.

Composting. Composting is limited to the materials generated on-site and shall be used on-site.

C.

Urban Agriculture Stands. Urban agriculture stands are permitted on the site of an urban agriculture use subject to the following regulations:

1.

Maximum Size. Limited to one hundred twenty square feet unless a larger size is approved pursuant to a minor use permit.

2.

Removal. Urban agriculture stands shall be dismantled and removed during non-operating hours.

3.

Sales. Product sales are limited to produce and value-added products grown and produced on-site.

4.

Hours of Operation. Operating hours for an urban agriculture stand are limited to eight a.m. to seven p.m.

5.

Days of Operation. In residential districts, urban agriculture stands may operate a maximum of three days per week.

(Ord. No. 662, § 2, 12-13-23)

Chapter 17.31 - RESIDENTIAL AND MIXED USE OBJECTIVE DESIGN STANDARDS

Sections:

A.

Purpose. The purpose of these design standards is to provide the public, building and design professionals, and decision-makers with objective, clear, and measurable criteria for eligible residential and mixed use development in Morro Bay.

1.

State housing laws have established eligibility for various types of residential and mixed use development, which must be evaluated on the basis of objective standards adopted by the city.

2.

The intent of such state legislation is to facilitate and expedite the construction of housing, contribute to the regional housing needs allocation, and address the local shortage of housing. The state finds that lack of homes has resulted in the following across California:

a.

Workers, public safety employees, healthcare providers, educators moving to lower-cost homes farther away from the communities they serve;

b.

Employers facing increasing difficulty in securing and retaining a workforce;

c.

Increased pressure to develop farmlands, open space, and rural areas into lower-cost homes, with longer commute times, greenhouse gas emissions, and higher exposure to fire hazard;

d.

Increased poverty and homelessness;

e.

Lower income residents moving into crowded and unsafe homes; and

f.

Families and individuals moving out of their communities and ultimately out of the State of California.

The intent of this chapter is to provide clear design direction and an expedited planning process for these eligible residential projects. Unless otherwise indicated herein, all references to state statutes refer to the California Government Code.

B.

Eligible Projects. The provisions of this chapter apply to projects made eligible by, but not limited to, the following state housing laws:

1.

Senate Bill 35 Projects (California Government Code § 65913.4). SB 35 establishes eligible residential development in cities where the number of residential units built is less than the regional housing needs allocation for the reporting period. Eligible projects are subject to a ministerial, streamlined approval process, consistent with objective standards, if the following conditions are met.

a.

The proposed project contains two or more residential units, and at least two-thirds of the square footage of the development is designated for residential use;

b.

The proposed project is located on a site that satisfies the following:

i.

The site is a legal parcel or parcels located in city boundaries;

ii.

Seventy-five percent of the perimeter of the site adjoins parcels that are developed with urban uses (parcels that are only separated by a street or highway shall be considered to be adjoined); and

iii.

The site is zoned for residential use or residential mixed use development.

c.

The proposed site is not located any of the following:

i.

A coastal zone (defined in Division 20 and commencing with Section 30000 of the Public Resources Code);

ii.

Prime farmland or farmland of statewide importance (as defined by the United States Department of Agriculture);

iii.

Wetlands (as defined in the United States Fish and Wildlife Service Manual);

iv.

Very high fire hazard severity zone (as defined by the Department of Forestry and Fire Protection pursuant to Section 51178 of the California Government Code);

v.

Hazardous waste sites (defined by the Department of Toxic Substances Control and pursuant to Section 65962.5);

vi.

Delineated earthquake fault zone (defined by the state geologist);

vii.

Floodplains (defined by the Federal Emergency Management Agency);

viii.

Floodways (defined by the Federal Emergency Management Agency);

ix.

Lands identified for conservation in an adopted natural community conservation plan (pursuant to the Natural Community Conservation Planning Act);

x.

Habitat for protection species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protect species, or species protected by the federal Endangered Species Act of 1973;

xi.

Lands under conservation easement;

d.

The proposed project is required to record land use deed restrictions for any units that are subsidized;

e.

The proposed project would not require the demolition of housing and is not located on a site that is governed under the Mobilehome Residency Law.

Senate Bill 330 Projects (California Government Code § 65589.5 and § 65920). SB 330 establishes eligible affordable residential development in cities where the number of residential units built is less than the Regional Housing Needs Allocation for the reporting period. Eligible residential development is subject to a preliminary application process pursuant to Sections 65589.5 and 65920, and must be consistent with objective standards.

3.

Assembly Bill 2011 Projects (California Government Code § 65400, § 65585, and § 65912). AB 2011 establishes eligible one hundred percent affordable residential and mixed use development along commercial corridors (where office, retail, or parking is the principal use), subject to specific affordability, labor, and environmental criteria. AB 2011 projects are subject to a ministerial, streamlined approval process, if the following conditions are met.

a.

The proposed project meets the following affordability criteria:

i.

One hundred percent of the units within the development project, excluding managers' units, shall be dedicated to lower income households at an affordable cost, as defined by Section 50052.5 of the Health and Safety Code; and

ii.

The units shall be subject to a recorded deed restriction for a period of fifty-five years for rental units and forty-five years for owner-occupied units;

b.

The proposed site satisfies the following:

i.

The proposed project is located in a zoning district where office, retail, or parking are a principally permitted use;

ii.

The proposed project is located on a legal parcel or parcels located in city boundaries; and

iii.

The proposed project is located on a site where seventy-five percent of the perimeter adjoins parcels that are developed with urban uses (parcels that are only separated by a street or highway shall be considered to be adjoined).

c.

The proposed site is not located in any of the following:

i.

Prime farmland or farmland of statewide importance (as defined by the United States Department of Agriculture);

ii.

Wetlands (as defined in the United States Fish and Wildlife Service Manual);

iii.

Very high fire hazard severity zone (as defined by the Department of Forestry and Fire Protection pursuant to Section 51178 of the California Government Code);

iv.

Hazardous waste sites (defined by the Department of Toxic Substances Control and pursuant to Section 65962.5);

v.

Delineated earthquake fault zone (defined by the state geologist);

vi.

Floodplains (defined by the Federal Emergency Management Agency);

vii.

Floodways (defined by the Federal Emergency Management Agency);

viii.

Lands identified for conservation in an adopted natural community conservation plan (pursuant to the Natural Community Conservation Planning Act);

ix.

Habitat for protection species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protect species, or species protected by the federal Endangered Species Act of 1973;

x.

Lands under conservation easement; or

xi.

A site where more than one-third of the square footage on the site is dedicated to industrial use.

d.

The proposed project would not require the demolition of housing and is not located on a site that is governed under the Mobilehome Residency Law; and

e.

If vacant, the proposed site does not contain tribal cultural resources (as defined by Section 21074 of the Public Resources Code) found pursuant to a consultation.

4.

Assembly Bill 2162 Projects (California Government Code § 65583 and § 65650). AB 2162 establishes eligible supportive housing by-right in zones where multi-unit and mixed use development is permitted. Eligible projects are subject to a ministerial, streamlined approval process, consistent with objective standards, if the following conditions are met.

a.

Units within the proposed development are subject to a recorded affordability deed restriction for fifty-five years;

b.

One hundred percent of the units within the development project, excluding managers' units, shall be dedicated to lower income households at an affordable cost, as defined by Section 50052.5 of the Health and Safety Code; and

c.

At least twenty-five percent of the total units, or twelve units, whichever is greater, are restricted to residents in supportive housing who meet target criteria.

5.

Senate Bill 6 Projects (California Government Code § 65913.4 and § 65852.24). SB 6 establishes eligible residential development along commercial corridors (where office, retail, or parking is the principal use), subject to specific labor and environmental criteria, in cities where the number of residential units built is less than the regional housing needs allocation for the reporting period. Eligible projects are subject to a ministerial, streamlined approval process, consistent with objective standards, if the following conditions are met.

a.

The proposed project contains two or more residential units, and at least two-thirds of the square footage of the development is designated for residential use;

b.

The proposed project is located on a site that satisfies the following:

i.

The site is a legal parcel or parcels located in city boundaries;

ii.

Seventy-five percent of the perimeter of the site adjoins parcels that are developed with urban uses (parcels that are only separated by a street or highway shall be considered to be adjoined); and

iii.

The site is zoned for residential use, residential mixed use development, office commercial use, or retail commercial use.

c.

The proposed site is not located any of the following:

i.

A coastal zone (defined in Division 20 and commencing with Section 30000 of the Public Resources Code);

ii.

Prime farmland or farmland of statewide importance (as defined by the United States Department of Agriculture);

iii.

Wetlands (as defined in the United States Fish and Wildlife Service Manual);

iv.

Very high fire hazard severity zone (as defined by the Department of Forestry and Fire Protection pursuant to Section 51178 of the California Government Code);

v.

Hazardous waste sites (defined by the Department of Toxic Substances Control and pursuant to Section 65962.5);

vi.

Delineated earthquake fault zone (defined by the State Geologist);

vii.

Floodplains (defined by the Federal Emergency Management Agency);

viii.

Floodways (defined by the Federal Emergency Management Agency);

ix.

Lands identified for conservation in an adopted natural community conservation plan (pursuant to the Natural Community Conservation Planning Act);

x.

Habitat for protection species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protect species, or species protected by the federal Endangered Species Act of 1973; or

xi.

Lands under conservation easement.

d.

The proposed project is required to record land use deed restrictions for any units that are subsidized.

6.

All other residential or mixed use projects made eligible by state law and which are required to meet objective standards.

C.

Compliance with Other Standards. In addition to meeting objective standards in this chapter, eligible residential projects shall comply with other objective standards as established in the Morro Bay Municipal Code, other adopted city plans, and the California Building Code (CBC).

D.

Conflicting Standards. If there is any conflict between the objective design standards of this chapter and other city requirements, the less restrictive objective design standard applicable to the project shall apply. If there is any conflict between city requirements stated in this chapter and state law, the state law requirement shall apply.

E.

Exceptions, Waivers, or Modifications. The city's non-streamlined, discretionary review process shall be required for any project that seeks exceptions, waivers, variances or other modifications to the objective standards of this chapter.

(Ord. No. 661, § 2, 12-13-23; Ord. No. 662, § 2, 12-13-23)

A.

Purpose. Site planning refers to the arrangement of—and relationships between—buildings, parking areas, common and private open space, landscaping, and pedestrian connections. The site planning topics in this

section include site layout and building placement, vehicular surface parking and access, pedestrian circulation and access, landscaping, and common and private open space.

B.

Building Placement and Orientation. Building placement and orientation shall comply with the provisions of Chapter 17.07, Residential Districts, or Chapter 17.08, Commercial and Mixed Use Districts. In addition, if buildings on the same block establish a contiguous street wall along at least fifty percent of the primary street frontage, new buildings shall be located to maintain the contiguous street wall.

C.

Vehicular Parking and Access. Off-street vehicular parking and access shall comply with the provisions of Chapter 17.27, Parking and Loading. For properties in commercial and mixed use districts, projects shall also comply with Section 17.08.040, Supplemental Regulations. In addition, projects shall comply with the following:

1.

Primary Access. Side street or alley access shall serve as the primary vehicular access to off-street parking areas, if available. If not available, the primary street shall serve vehicular access. See Section 17.27.100, Driveways and Drive Approaches, for detailed standards related to driveway location, site layout, limits to driveway width and design.

2.

Number of Access Points.

a.

For interior lots with less than one hundred linear feet of street frontage, a maximum of one vehicle access point from the street is permitted. For interior lots with one hundred linear feet or more of street frontage, a maximum of two vehicular access points from the street is permitted.

b.

For corner lots, one vehicular access point is permitted where both street frontages are less than one hundred linear feet. Two vehicular access points are permitted for lots where at least one street frontage is one hundred linear feet or more.

c.

The above standards assume that an access point can be a two-way connection (both ingress and egress) or a one-way connection (either ingress or egress).

FIGURE 17.31.020(C)(2): VEHICULAR ACCESS POINTS

==> picture [360 x 382] intentionally omitted <==

3.

Parking Location. Parking areas shall not be located within any front or street side setback, or between any residential/mixed use structure and the primary street.

a.

Parking Area Gates. Parking areas with gates to control access are allowed. Gates shall be located a minimum of twenty feet from the back of sidewalk, or edge of pavement where there is no sidewalk.

4.

Loading and Service Areas. The provision, layout and design of loading and service areas shall comply with Section 17.27.090, Loading, as well as the following standards:

a.

All required loading and service areas shall be located adjacent to a façade other than the primary building frontage.

b.

Loading and service areas shall not be located adjacent to residential dwelling units or common open space areas. Loading areas shall be screened from public view by building walls and/or uniformly solid fencing or walls, not less than six feet in height, or evergreen trees at least ten feet in height.

5.

Avoid Vehicle Light Intrusion into Ground-Floor Units. Vehicle parking areas shall be located, oriented, and/or screened to prevent visual intrusion of vehicle lights into interior residential spaces, including residential units on neighboring properties. Where parking areas are located within fifteen feet of a residential unit, they shall be located within a garage, carport, or parking structure, or screened by a solid wall, fence, or landscaping a minimum of six feet in height.

D.

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

1.

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

2.

To Circulation Network. Regular connections between on-site walkways and the public sidewalk shall be provided. An on-site walkway shall connect the primary building entry or entries to a public sidewalk on each street frontage. Such walkway shall be the shortest practical distance between the main entry and sidewalk, generally no more than one hundred twenty-five percent of the straight line distance.

3.

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

4.

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

5.

Pedestrian Walkway Design.

a.

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

b.

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

c.

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

6.

Pedestrian Design in Parking Areas. See Section 17.27.110, Parking Area Design and Development Standards, for requirements involving pedestrian access to vehicle parking areas.

E.

Common and Private Open Space. Common and private open spaces shall be provided according to the base zoning district regulations in Chapter 17.07, Residential Districts, or Chapter 17.08, Commercial and Mixed Use Districts. Section 17.23.100, Open Space, contains objective standards regarding minimum dimensions, usability, and accessibility for both private and common open space. In addition, the following standards apply:

1.

Common Open Space. Common open space shall be provided according to Section 17.23.100, Open Space, and shall comply with the following:

a.

Amenity Types. Where required by the base zoning district, projects shall provide at least one common open space through the following amenities: play areas, common courtyards, patios, gathering spaces, multi-use paths and trails, athletic/recreational facilities, dog runs and enclosures; pools and spas, rooftop decks, and community gardens. An applicant may provide common open space through an amenity not on this list if it is readily accessible by all residents for recreation and social purposes.

b.

Location. Common open space shall be located to fulfill at least one of the following:

i.

Avoid Building Shadow. The common open space shall not be located within the winter shadow line of the north-facing side of any building.

ii.

Proximity to Multiple Homes. The common open space(s) is within two hundred fifty feet of the pedestrian entrances to at least twenty percent of the residential homes.

iii.

Rooftop. The common open space is located on a building rooftop and is a minimum of fifteen feet away from any property line.

c.

Visibility. Common open space shall be located and arranged to allow visibility into the space from pedestrian walkways within the development. Fencing or barriers shall be designed with opaque, nontransparent materials for a maximum of eighty percent of the surface area, to allow some visual transparency between the common open space and pedestrian walkways.

2.

Private Open Space. Private open space shall be provided according to Section 17.23.100, Open Space, and shall be screened with one of the following options:

a.

Screening with Structural Elements. A private open space screened by a fence or wall shall comply with Section 17.23.060, Fences and Freestanding Walls.

b.

Screening with Landscaping and Structural Elements. A private open space screened by landscaping shall provide a landscape buffer or dense evergreen shrubs/vines of minimum five feet width and minimum four feet height. If a ground-level private open space is visible from a public right-of-way or common open space, a landscape buffer is required.

F.

Landscaping. Landscaping shall be utilized for all outdoor areas that are not specifically used for parking, driveways, walkways, or open space. Refer to Chapter 17.25, Landscaping, for regulations applicable to all new development. In addition, projects within the coastal resource protection (CRP) overlay district shall comply with relevant regulations in Chapter 17.14, Coastal Resource Protection Overlay District. For landscaping requirements in vehicular parking areas, refer to Section 17.27.110, Parking Area Design and Development Standards. In addition, the following standards apply:

1.

Number of Plants. A minimum of one fifteen-gallon tree or equivalent box size and ten five-gallon shrubs shall be planted for every one thousand square feet of required landscape area.

2.

Plant Selection. Projects shall comply with water efficient planting standards of Section 17.25.050, General Requirements. Plants shall be selected from plants that are native to California, or plants included on the city's street tree list. Artificial or synthetic plants, except for turf, are prohibited. In addition, tree and plant

species that attract and provide habitat for local fauna (e.g., birds and pollinators such as bees and butterflies) are encouraged.

3.

Privacy. Landscaping shall be provided as a buffer between adjacent individual units. Landscaping shall obscure direct sight lines, and may be used in combination with walls, fencing, and/or trellises to screen views. Plant selection and landscape screening container size shall be selected to achieve at least fifty percent of this height within three years of installation.

4.

Pedestrian Walkways. Pedestrian walkways shall be adjacent to landscaping, on at least one side and may include a mix of turf, groundcover, or shrubs. Trees provided within twenty feet of pedestrian walkways shall be placed a maximum of thirty feet apart on center, in order to provide some shade.

FIGURE 17.31.020(F)(4): PEDESTRIAN WALKWAYS

==> picture [360 x 224] intentionally omitted <==

(Ord. No. 661, § 2, 12-13-23; Ord. No. 662, § 2, 12-13-23)

17.31.030 - Building design standards.

A.

Building Form, Massing, and Façade Articulation. Building form, massing and façade articulation facilitate the distinction of individual units, or groups of units, through varied heights, projections, setbacks, and recesses. Materials and colors emphasize changes and hierarchy in building form.

1.

Building Form and Vertical Hierarchy. Buildings shall be designed to differentiate between a defined base; a middle or body; and a top, cornice, or parapet cap. Buildings two stories or less shall include a defined base and a top, cornice, or parapet cap. This effect shall be achieved through incorporating at least two of the following design elements for all buildings:

a.

Color, texture, or material changes.

b.

Variations, projections, or reveals in the wall plane.

c.

Variations in fenestration size or pattern.

d.

Decorative architectural details such as cornices and columns.

FIGURE 17.31.030(B)(1): BUILDING FORM AND

VERTICAL HIERARCHY

==> picture [360 x 204] intentionally omitted <==

2.

Four-Sided Architecture. Buildings shall be designed and articulated with common details, articulation, materials, and elements on all sides.

3.

Massing.

a.

Upper Floor Area Reduction.

i.

Main Street and Morro Bay Boulevard. The floor area for upper floors shall be reduced through one of the following options:

(1)

The second floor shall have a maximum floor area that is ninety percent of the ground floor area, and the third and higher floors shall have a maximum floor area that is eighty percent of the ground floor area.

(2)

The second and higher floors shall provide that fifty percent of every elevation is set back a minimum of three feet in addition to the required setback area.

ii.

All Other Locations.

(1)

The second floor shall have a maximum floor area that is ninety percent of the ground floor area.

(2)

The third floor shall have a maximum floor area that is eighty percent of the ground floor area.

(3)

Floors above the third floor shall have a maximum floor area that is seventy percent of the ground floor area.

b.

Upper Floor Cantilever. Upper floor uncovered decks a minimum of six feet by eight feet in dimension shall be allowed to cantilever and protrude into front or street side setbacks or public right-of-way, provided that there is a minimum of twelve feet of vertical clearance and that the cantilever does not encroach more than two feet into the setback or public right-of-way. Right-of-way encroachment shall obtain an encroachment permit in accordance with Title 12 of the Morro Bay Municipal Code.

4.

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

5.

Roofs.

a.

Roof Line Variation. Roof lines shall not extend more than a length of forty feet without at least one prominent change as described below:

i.

Provide variation in roof form, such as hip, gable, shed, and flat with parapet.

ii.

Provide variation of roof height of at least eighteen inches (as measured from the highest point of each roof line).

FIGURE 17.31.030(A)(4): ROOF LINE VARIATION

==> picture [360 x 192] intentionally omitted <==

b.

Flat Roofs and Parapets. Parapets shall be provided around the perimeter of a flat roof and shall be a minimum of six inches taller than all rooftop equipment.

i.

Interior side of parapet walls shall not be visible from a common open space or public right-of-way.

ii.

Parapets shall be capped with "precast" treatment, continuous banding, or projecting cornices, dentils, or similar edge treatment. Visible unfinished metal flashing is prohibited.

6.

Corner Architectural Features. Buildings located on the corner of two streets, and greater than one story, shall include one or more of the following features on both of the intersecting façades, located within twenty-five feet of the corner of the building:

a.

An entry to ground-floor use or a primary building entrance.

b.

A different material application, color, or fenestration pattern of windows and doors from the rest of the façade.

c.

The area encompassed within twenty-five feet of the corner of the building shall have a change in height of at least two feet.

B.

Building and Unit Entrances. Entrance orientation and design shall comply with the provisions of Section 17.07.040, Supplemental Regulations (Residential Districts), or Section 17.08.040, Supplemental Regulations (Commercial and Mixed Use Districts). The following additional standards also apply:

1.

Primary Residential Building Entrances.

a.

Street-Facing Entry. Residential buildings located adjacent to the primary street shall have a ground-level common entry facing the primary street unless units are accessed by individual entries.

b.

Building Entry Architectural Treatments. Common building entries shall be differentiated from the main façade through at least two of the following:

i.

Roof above the entry incorporating a change in roof line of at least eighteen inches in height.

ii.

Entry incorporating a variation of wall plane (recessed or projected) a minimum of two feet from the adjacent wall planes.

iii.

Entry incorporating architectural treatments that vary from those on the general façade (e.g., window and/or door trim with substantial depth and detail, decorative siding, decorative fascia, porches, stoops).

c.

Porch Requirements. A porch serving more than one unit shall be a minimum of six feet by eight feet in dimension.

d.

Enhanced Paving for Building Entrances. Primary building entryways shall provide decorative and accent paving that contrast in color and texture from any adjacent pedestrian walkway surfaces. Allowed materials include stamped concrete, stained concrete painted concrete, concrete pavers, brick, stone, flagstone, and tile. Decomposed granite, pea gravel, and other types of crushed rock are prohibited.

FIGURE 17.31.030(B)(1)(B): PRIMARY BUILDING ENTRY ARCHITECTURAL TREATMENTS

==> picture [360 x 213] intentionally omitted <==

2.

Individual Unit Entrances.

a.

Upper-Floor Unit Entry. Exterior entries to individual units on upper floors are permitted; however, in order to avoid a "motel-style" appearance, no exterior access corridor located above the ground floor may provide access to five or more upper-floor units.

b.

Non Street-Adjacent Buildings. Buildings not located adjacent to a street shall have unit front entryways oriented to face common open space areas such as landscaped courtyards, plazas, or paseos.

c.

Porch Requirements. A porch serving an individual unit shall be a minimum of five feet by eight feet in dimension.

d.

Stoop Requirements. A stoop serving an individual unit shall be a minimum of four feet by four feet in dimension. The stoop adjacent to the door shall be a maximum of five feet in height above the adjacent walkway, and stairs or ramps from the stoop lead directly to the public right-of-way, or a parallel to the public right-of-way.

C.

Windows.

1.

Privacy. Where a residential building is located within ten feet of a neighboring property line, windows facing neighboring buildings shall be offset a minimum of five feet from closest edge to edge. Where this offset cannot be provided, the window design on the building façades facing each other shall avoid unfiltered/direct views into interiors and shall be designed with one or more of the following:

a.

Utilize non-transparent or obscured glazing, such as frosted/patterned glass, glass block, or non-operable opaque windows. Reflective glazing is not permitted.

b.

Provide permanent architectural screens or affixed louvers at windows.

c.

Utilize clerestory windows with the bottom edge of the window a minimum height of six feet from the ground.

2.

Window Treatment. All windows shall either be recessed at least two inches from the plane of the surrounding exterior wall or shall have trim at least one-half-inch in depth and two inches in width.

a.

Windows Facing a Public Street. Windows facing a public street shall feature enhanced window treatments, such as decorative architectural brackets, trim, shutters, awnings, and/or trellises.

b.

Window Shutters. Functional and decorative shutters shall be one-half-width of the associated window glazing (for paired shutters), or matching window width for a single shutter.

D.

Materials and Colors. Exterior building materials and colors shall comply with the provisions of Section 17.07.040, Supplemental Regulations (Residential Districts), or Section 17.08.040, Supplemental Regulations (Commercial and Mixed Use Districts).

1.

Wall Material. The primary exterior siding material for buildings shall be stone, brick, stucco, concrete block, painted wood clapboard, fiber cement clapboard, or painted metal clapboard.

2.

Window Material. Window materials, color, and style shall be consistent on all elevations, unless used at an entry way or as an accent feature.

3.

Material Transition. Changes in material shall occur at inside corners of intersecting walls or at architectural features that break up the wall plane, such as columns.

4.

Awnings. Glossy finish vinyl awning material is not allowed.

(Ord. No. 661, § 2, 12-13-23; Ord. No. 662, § 2, 12-13-23)

A.

Façade Articulation. Building façades visible from the primary street shall not extend more than fifty feet in length without at least one of the following: a five-foot variation in depth in the wall plane, architectural element, or other prominent feature that provides visual interest. Building entrances, front porches, upperstory setbacks, and projections such as stoops, bays, overhangs, fireplaces, upper-story decks and trellises count towards this requirement.

B.

Ground Floor Height. In order to retain the small-scale building character of Morro Bay, the ground floor height of commercial portions of mixed use projects shall be a maximum of twelve feet, measured floor to floor.

C.

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

D.

Street-Facing Setbacks. Where a front setback or street-facing side setback is provided for a mixed use building, it shall be designed for pedestrian orientation with hard surface and amenities. The setback area on each lot shall contain at least two amenities per fifty linear feet such as benches, drinking fountains, shade structure, or other design element (e.g. art or sculpture, planters, and kiosks).

E.

Entrances.

Residential Street-Adjacent Entry. Mixed use buildings located adjacent to the primary street shall incorporate at least one residential building entrance that directly fronts the public sidewalk or right-of-way and complies with the requirements of Section 17.31.030 B1.

2.

Commercial Storefronts. Commercial entrances adjacent to the sidewalk shall be recessed from the façade by a minimum of two feet from the rest of the building, creating an alcove.

(Ord. No. 661, § 2, 12-13-23; Ord. No. 662, § 2, 12-13-23)

A.

Wall Plane Variation. Façades visible from the primary street shall not extend more than fifty feet in length without at least one of the following: a three-foot variation in depth in the wall plane, architectural element, or other prominent feature that provides visual interest.

B.

Materials and Colors. The parking structure shall utilize the same colors and materials as the primary buildings.

C.

Articulation. The exterior of the parking structure shall apply at least one of the following as articulation:

1.

Applied materials such as brick, stone, and/or siding which extend at least two inches from the face of the structure to the face of the applied materials. Painted concrete, smooth concrete, or stucco walls shall not be considered sufficient articulation.

2.

Decorative architectural features such as cut metal screens, awnings, trellises, louvers, and/or decorative security grills shall be used on openings facing a public street or open space.

D.

Landscaping. Vertical plantings shall be located between openings, entrances, and architectural accent features. At least one tree shall screen the building façade per fifty feet. Trees shall be selected from California native plants or from the city's street tree list. Trees shall be selected to grow to forty feet in height at maturity, and shall grow to at least fifteen feet in height within two years from time of installation.

(Ord. No. 661, § 2, 12-13-23; Ord. No. 662, § 2, 12-13-23)

A.

Bicycle Parking. Bicycle parking shall comply with the provisions of Section 17.27.080, Bicycle Parking. Additionally, long-term bicycle parking areas shall be required to provide one 110-voltage wall outlet per every ten long-term bicycle parking spaces for residents with electric bicycles.

B.

Refuse Storage and Collection Areas. Trash, recycling, and green waste container enclosures are required for residential and mixed use developments. They shall be located within a service section of the primary building, incorporated into the exterior building design, or located within a detached and locked enclosure designed and placed as follows:

1.

Location. The enclosure shall be located to the rear or side of the building and located outside of view from a public right-of-way.

2.

Screening. The enclosure shall include a solid wall a minimum of six feet in height and a roof structure that fully shields the top of the container, and be located on the site in an area where the screening height required is allowed.

3.

Materials. The enclosure shall use materials that are consistent with exterior colors and materials of the primary building.

C.

Fences and Walls. Fences and walls shall comply with the provisions of Section 17.23.060, Fences and Freestanding Walls. In addition, where fences and walls of different materials or finishes intersect, a column or pilaster shall be provided.

D.

Lighting. Lighting shall comply with the provisions of Section 17.23.080, Lighting and Illumination. Projects within the coastal resource protection (CRP) overlay zone district shall comply with additional provisions of Section 17.14.090, Visual Resource Protection. Lighting in parking areas shall also comply with Section 17.27.110, Parking Area Design and Development Standards.

E.

Screening of Mechanical Equipment. Equipment and utilities shall comply with the provisions of Section 17.23.130, Screening.

F.

Vents and Exhaust. All wall-mounted elements shall be located at interior corners of building walls or behind building or screening elements that conceal them from public view. All flashing, sheet metal vents,

exhaust fans/ventilators, and pipe stacks shall be painted to match the adjacent roof or wall material and/or color.

(Ord. No. 661, § 2, 12-13-23; Ord. No. 662, § 2, 12-13-23)

Division IV. - ADMINISTRATION AND PERMITS Chapter 17.35 - PLANNING AUTHORITIES

Sections:

The purpose of this chapter is to identify the bodies, officials, and administrators with designated responsibilities under various chapters of this title. Subsequent chapters of this division provide detailed information on procedures, applications, and permits, including zoning and general plan text and map amendments, and enforcement. When carrying out their assigned duties and responsibilities, all bodies, administrators, and officials shall interpret and apply the provisions of this title as minimum requirements adopted to implement the policies and achieve the objectives of the general plan and local coastal plan.

(Ord. No. 662, § 2, 12-13-23)

17.35.020 - City council.

The powers and duties of the city council under this title include, but are not limited to, the following:

A.

Consider and act on amendments to the general plan, zoning code, zoning map, and local coastal program, and environmental documents related to any of the foregoing following a public hearing and recommended action by the planning commission.

B.

Hear and decide applications for development agreements.

C.

Hear and decide appeals from decisions of the planning commission.

D.

Establish, by resolution, a municipal fee schedule listing fees, charges, and deposits for various applications and services provided, pursuant to this title.

(Ord. No. 662, § 2, 12-13-23)

The powers and duties of the planning commission under this title include, but are not limited to the following:

A.

Annually review progress towards implementation of the general plan and recommend to the city council changes needed due to new legislation, development trends and changing economic, social, and environmental conditions.

B.

Make recommendations to the city council on proposed amendments to the general plan, zoning code, zoning map, and local coastal program, and environmental documents related to any of the foregoing following a public hearing.

C.

Make recommendations to the city council on development agreements.

D.

Approve, conditionally approve, or deny conditional use permits, coastal development permits, and variances.

E.

Hear and decide on revisions to approved conditional use permits and variances, pursuant to Section 17.36.120, Revision of Approved Plans and Permits.

F.

Conduct design review on certain projects and approvals it grants pursuant to Chapter 17.38, Designe Review.

G.

Hear and decide on proposed revocations of permits.

H.

Hear and decide appeals from decisions of the director.

I.

Make environmental determinations on any approvals it grants that are subject to environmental review under the California Environmental Quality Act.

J.

Such other duties and powers as assigned or directed by the city council.

(Ord. No. 662, § 2, 12-13-23)

The following powers and duties of the community development director (the "director") under this title include, but are not limited to the following:

A.

Have the responsibility to perform all of the functions designated by state law, including, but not limited to the following:

1.

Prepare an annual report related to implementation of the general plan in compliance with Government Code Section 65400;

2.

Review of public works projects for conformity to the general plan in compliance with Government Code Section 65401; and

3.

Review of acquisition of property for conformity to the general plan in compliance with Government Code Section 65402.

B.

Maintain and administer the zoning code, including processing of applications, abatements and other enforcement actions.

C.

Prepare and effect rules and procedures necessary or convenient for the conduct of the director's business. These rules and procedures must be as approved by a resolution of the city council following review and recommendation of the planning commission. They may include the administrative details of hearings officiated by the director (e.g., scheduling, rules of procedure and recordkeeping).

D.

Interpret the zoning code to members of the public and to other city departments.

E.

Issue administrative regulations for the submission and review of applications subject to the requirements of this title and Government Code Section 65950, deadlines for project approval conformance; extensions.

F.

Review applications for permits and licenses for conformance with this title and issue a zoning clearance when the proposed use, activity or building is allowed by right and conforms to all applicable development and use standards.

G.

Review applications for discretionary permits and approvals under this title for conformance with applicable submission requirements and time limits.

H.

Review applications for discretionary permits and approvals to determine whether the application is exempt from review under the California Environmental Quality Act and the city's environmental review requirements and notify the applicant if any additional information is necessary to conduct the review.

I.

Determine level of coastal review pursuant to Chapter 17.39, Coastal Development Permits (IP).

J.

Hear and decide requests for minor revisions to approved permits, pursuant to Section 17.36.120, Revision of Approved Plans and Permits.

K.

Process and make recommendations to the city council on all applications, amendments, appeals and other matters upon which the council has the authority and the duty to act under this title.

L.

Process and make recommendations to the planning commission on all applications, appeals and other matters upon which the commission has the authority and the duty to act under this title.

M.

Approve, conditionally approve, or deny minor use permits pursuant to the provisions of Chapter 17.40, Use Permits, and coastal development permits pursuant to the provisions of Chapter 17.39, Coastal Development Permits (IP).

N.

Approve, conditionally approve, or deny requests for modifications to dimensional requirements and requests for reasonable accommodation, pursuant to Chapter 17.42, Modifications, and Chapter 17.43, Reasonable Accommodation.

O.

Conduct design review pursuant to Chapter 17.38, Designe Review.

P.

Review and decide on temporary use permits pursuant to Chapter 17.41, Temporary Use Permits.

Q.

Negotiate the components and provisions of development agreements for recommendation to the city council.

R.

Investigate and make reports to the planning commission on violations of permit terms and conditions when the city has initiated revocation procedures.

S.

Refer items to the planning commission where, in his/her opinion, the public interest would be better served by a planning commission public hearing and action.

T.

Delegate the responsibilities of the director to department staff under the supervision of the director.

U.

Other duties and powers as may be assigned by the city council or established by legislation.

(Ord. No. 662, § 2, 12-13-23)

Chapter 17.36 - COMMON PROCEDURES

Sections:

This chapter establishes procedures that are common to the application and processing of all permits and approvals provided for in this title, unless superseded by specific requirement of this title or state law.

(Ord. No. 662, § 2, 12-13-23)

A.

Applicant. The owner of property or the owner's authorized agent. If the application is made by someone other than the owner or the owner's agent, proof, satisfactory to the director, of the right to use and possess the property as applied for, shall accompany the application.

B.

Application Forms and Materials.

1.

Application Forms. The director shall prepare and issue application forms and lists that specify the information that will be required from applicants for projects subject to the provisions of this title.

2.

Supporting Materials. The director may require the submission of supporting materials as part of the application, including but not limited to statements, photographs, plans, drawings, renderings, models, material samples and other items necessary to describe existing conditions and the proposed project and to determine the level of environmental review pursuant to the California Environmental Quality Act (CEQA).

3.

Availability of Materials. All material submitted becomes the property of the city, may be distributed to the public, and shall be made available for public inspection. At any time upon reasonable request, and during normal business hours, any person may examine an application and materials submitted in support of or in opposition to an application in the planning division offices. Unless prohibited by law, copies of such materials shall be made available at a reasonable cost.

C.

Application Fees.

1.

Schedule of Fees. The city council shall approve by resolution a municipal fee Schedule that establishes fees for permits, informational materials, penalties, copying, and other such items.

2.

Payment of Fees. No application shall be accepted as complete and processed without payment of a fee unless a fee waiver has been approved.

3.

Fee Waiver. No fee shall be required when the applicant is the city, or if it is waived by the city council or under any other provision of the municipal code.

4.

Refund of Fees. Application fees are non-refundable unless otherwise provided for in the municipal code or by policy of the city council.

(Ord. No. 662, § 2, 12-13-23)

Conceptual review is an optional review process that is intended to provide information on relevant policies, zoning regulations, and procedures.

A.

Exemption from Permit Streamlining Act. Conceptual review is not subject to the requirements of the California Permit Streamlining Act (the Act). An application that is accepted for conceptual review shall not

be considered complete pursuant to the requirements of the Act unless and until the director has received an application for approval of a development project, reviewed it, and determined it to be complete under Section 17.36.040, Review of Applications.

B.

Review Procedure. The planning division shall conduct conceptual review. The director may consult with or request review by any city agency or official with interest in the application. The director may refer items to the planning commission when in his/her opinion the conceptual review would benefit from planning commission input.

C.

Fees. Conceptual review application fees are credited toward any future discretionary permit application.

D.

Recommendations are Advisory. Neither the conceptual review nor the provision of information and/or pertinent policies shall be construed as a recommendation for approval or denial of the application by city representatives. Any recommendations that result from conceptual review are considered advisory only and shall not be binding on either the applicant or the city.

(Ord. No. 662, § 2, 12-13-23)

17.36.040 - Review of applications.

A.

Review Process. The director shall determine whether an application is complete within thirty days of the date the application is filed with the required fee.

B.

Incomplete Application. If an application is incomplete, the director shall provide written notification to the applicant listing the applications for permit(s), forms, information, and any additional fees that are necessary to complete the application.

1.

Zoning Code Violations. An application shall not be found complete if conditions exist on the site in violation of this zoning code or any permit or other approval granted in compliance with this zoning code, unless the proposed project includes the correction of the violations.

2.

Appeal of Determination. Determinations of incompleteness are subject to the provisions of Section 17.36.130, Appeals, except there shall be a final written determination on the appeal no later than sixty days after receipt of the appeal. The fact that an appeal is permitted to both the planning commission and the city council does not extend the six-day period.

3.

Submittal of Additional Information. The applicant shall provide the additional information within thirty days of the notice of incompletion unless a longer time limit is specified by the director.

4.

Expiration of Application. If an applicant fails to correct the specified deficiencies within the specified time limit, the application shall expire and be deemed withdrawn. After the expiration of an application, project review shall require the submittal of a new, complete application, along with all required fees.

C.

Complete Application. When an application is determined to be complete, the director shall make a record of that date. If an application requires a public hearing, the director shall schedule it and notify the applicant of the date and time.

D.

Extensions. The director may, upon written request and for good cause, grant extensions of any time limit for review of applications imposed by this title.

(Ord. No. 662, § 2, 12-13-23)

All projects shall be reviewed for compliance with or exemption from the California Environmental Quality Act (CEQA). Environmental review will be conducted pursuant to Title 14 of the California Code of Regulations (CEQA Guidelines). If Title 14 of the California Code is amended, such amendments will govern City procedures.

(Ord. No. 662, § 2, 12-13-23)

Unless otherwise specified, whenever the provisions of this title require public notice, the city shall provide notice in compliance with state law as follows.

A.

Posted Notice. At least ten days before the date of the public hearing or the date of action when no public hearing is required the city shall post a notice in a conspicuous place on the project site and at the Morro Bay branch of the public library, at the planning division office, and at City Hall.

B.

Mailed Notice. At least ten days before the date of the public hearing or before the date of action when no public hearing is required, the director, or the city clerk for hearings before the city council, shall provide notice by first class mail delivery to:

The applicant, the owner, and any occupant of the subject property;

2.

All owners of record as shown on the latest available records of the county assessor of property within five hundred feet of the subject property.

3.

All neighborhood and community organizations that have previously filed a written request for notice of projects in the area where the site is located; and

4.

Any person or group who has filed a written request for notice regarding the specific application.

C.

Newspaper Notice. At least ten days before the date of the public hearing, the director or the city clerk for hearings before the city council, shall publish a notice in at least one newspaper of general circulation in the city.

D.

Coastal Development Permits. Public notice as required pursuant to Chapter 17.39, Coastal Development Permits (IP).

E.

Alternative Method for Large Mailings. If the number of owners to whom notice would be mailed or delivered is greater than one thousand, instead of mailed notice, the director or city clerk may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation in the city at least ten days prior to the hearing.

F.

Contents of Notice. The notice shall include the following information:

1.

The date of filing of the application;

2.

The name of the applicants and the applicants' agents;

3.

The number assigned to the application;

A description of the proposed project and its location;

5.

A determination of whether the project is appealable to the coastal commission;

6.

The date, time and place of the hearing and/or decision on the application;

7.

A brief description of the procedures for public comment and decision on the application, including listing what review authority is to decide on the CDP application, as well as the system of appeal for any actions taken;

8.

For council hearings, the planning commission recommendation; and

9.

If the decision will include a determination on a coastal development permit, any information required pursuant to Chapter 17.39, Coastal Development Permits (IP).

G.

Failure to Notify Individual Properties. The validity of the proceedings shall not be affected by the failure of any property owner, resident, or neighborhood or community organization to receive a mailed notice.

(Ord. No. 662, § 2, 12-13-23)

17.36.070 - Conduct of public hearings.

Whenever the provisions of this title require a public hearing, the hearing shall be conducted in compliance with the requirements of state law and as follows.

A.

Generally. Hearings shall be conducted pursuant to procedures adopted by the hearing body. They do not have to be conducted according to technical rules relating to evidence and witnesses.

B.

Scheduling. Hearings before the city council shall be scheduled by the city clerk. All other hearings shall be scheduled by the director.

C.

Presentation. An applicant or an applicant's representative may make a presentation of a proposed project.

D.

Public Hearing Testimony. Any person may appear at a public hearing and submit oral or written evidence, either individually or as a representative of a person or an organization. Each person who appears at a public hearing representing an organization shall identify the organization being represented.

E.

Time Limits. The presiding officer may establish time limits for individual testimony and require that individuals with shared concerns select one or more spokespersons to present testimony on behalf of those individuals.

F.

Continuance of Public Hearing. The body conducting the public hearing may by motion continue the public hearing to a fixed date, time and place without providing further notice, or may continue the item to an undetermined date and provide notice of the continued hearing.

G.

Investigations. The body conducting the hearing may cause such investigations to be made as it deems necessary and in the public interest in any matter to be heard by it. Such investigation may be made by a committee of one or more members of the hearing body or by city staff. The facts established by such investigation shall be submitted to the hearing body either in writing, to be filed with the records of the matter, or in testimony before the hearing body, and may be considered by the body in making its decision.

H.

Decision. The public hearing shall be closed before a vote is taken.

(Ord. No. 662, § 2, 12-13-23)

When making a decision to approve, approve with conditions, revoke or deny any discretionary permit under this title, the responsible authority shall issue a notice of action and make findings of fact as required by this tile.

A.

Timing. The responsible authority shall decide to approve, revoke, or deny any discretionary permit following the close of the public hearing, or if no public hearing is required, within the time period set forth below. These deadlines do not apply to any action that has been appealed to the city council in accordance with Section 17.36.130, Appeals.

Project Exempt from Environmental Review. Within thirty days of the date the city has determined an application to be complete, a determination must be made whether the project is exempt from environmental review per state CEQA requirements.

2.

Project for which a Negative Declaration or Mitigated Negative Declaration is Prepared. Within sixty days of the date a negative declaration or mitigated negative declaration has been completed and adopted for project approval, the city shall take action on the accompanying discretionary project.

3.

Project for which an EIR is Prepared. Within one hundred eighty days of the date the decision-making authority certifies a final EIR, the city shall take action on the accompanying discretionary project.

B.

Notice of Action. After any action to approve, or deny an application that is subject to appeal under the terms of this title, the director shall issue a notice of action. The notice shall describe the action taken, including any applicable conditions, and shall list the findings that were the basis for the decision. The director shall mail the notice to the applicant and to any other person or entity that has filed a written request for such notification with the planning division.

1.

Coastal Development Permits. Local decisions on coastal development permits shall be made and notice of final action shall be given pursuant to Chapter 17.39, Coastal Development Permits (IP).

C.

Findings. Findings, when required by state law or this title, shall be based upon consideration of the application, plans, testimony, reports, and other materials that constitute the administrative record and shall be stated in writing in the resolution or record of the action on the permit.

(Ord. No. 662, § 2, 12-13-23)

A.

Scope. Any approval permits only those uses and activities actually included in the project approval, and excludes other uses and activities. Unless otherwise specified, the approval of a new use shall terminate all rights and approvals for previous uses no longer occupying the same site or location.

B.

Conditions of Approval. The site plan, floor plans, building elevations and/or any additional information or representations, whether oral or written, indicating the proposed structure or manner of operation submitted with an application or submitted during the approval process shall be deemed conditions of

approval. Any approval may be subject to requirements that the applicant guarantees, warranties or ensures compliance with permit's plans and conditions in all respects.

C.

Actions Subject to Enforcement. If the construction of a building or structure or the use established is contrary to the description or illustration in the application, so as to either violate any provision of this title or require additional permits, then the approval shall be suspended and subject to revocation and enforcement provisions of Chapter 17.48, Enforcement.

D.

Periodic Review. All approvals may be subject to periodic review to determine compliance with the permit and applicable conditions. If a condition specifies that activities or uses allowed under the permit are subject to periodic reporting, monitoring or assessments, it shall be the responsibility of the permit holder, the property owner or successor property owners to comply with such conditions.

(Ord. No. 662, § 2, 12-13-23)

A final decision on an application for any discretionary approval subject to appeal shall become effective after the expiration of the ten-day appeal period following the date of action, unless an appeal is filed. No building permit or business license shall be issued until the eleventh day following the date of the action.

A.

Coastal Development Permits. Coastal development permits are effective pursuant to Chapter 17.39, Coastal Development Permits (IP).

(Ord. No. 662, § 2, 12-13-23)

Permits and approvals granted under this title shall automatically expire and become null and void if the approval is not inaugurated within the time periods established in this section, or the approved use, structure, or site development is not continued pursuant to Section 17.36.110 C, Continuation of Use, Structure, or Site Development.

A.

Inaugurating a Permit or Approval. A permit or approval is inaugurated when a valid city building permit has been issued for work related to the approval and construction work has begun and been carried on diligently without substantial suspension or abandonment of work. Where a building permit is not required, the approval shall be considered inaugurated when the use or development authorized by the approval has commenced and, if required, a valid city business license has been issued.

B.

Time Period in which to Inaugurate a Permit or Approval.

1.

Expiration. The decision-maker, in the granting of any permit, may specify a time, consistent with the purposes of the use and necessary to safeguard the public safety, health and welfare, within which the proposed project must be undertaken and actively and continuously pursued. If no time period is specified, any permit granted under this title shall automatically expire if it is not inaugurated or extended within two years of its approval.

a.

A coastal development permit shall expire pursuant to Chapter 17.39, Coastal Development Permits (IP).

2.

Extensions. The director may approve up to two one-year extensions of any permit or approval granted under this title upon receipt of a written application with the required fee prior to expiration date of the permit. For discretionary permits issued by the planning commission, the planning commission may approve additional extensions upon conducting a public hearing.

C.

Continuation of Use, Structure, or Site Development. A use, structure, or site development authorized by the permit or approval is considered continued unless the structure or site development is demolished pursuant to Section 17.23.030, Demolition of Buildings and Structures, or the use authorized by the approval is discontinued pursuant to Section 17.26.070, Abandonment of Nonconforming Uses.

(Ord. No. 662, § 2, 12-13-23)

No change in the use, structure, or site development for which a permit or other approval has been issued is permitted unless the permit or approval is revised as provided for in this title.

A.

Minor Revisions. The director may approve minor changes to approved plans that are consistent with the original findings and conditions approved by the hearing body and would not intensify any potentially detrimental effects of the project.

B.

Major Revisions. A request for changes in conditions of approval of a discretionary permit or for a change in an approved site plan or building plan that would affect a condition of approval shall be treated as a new application, except that the director may approve changes determined to be minor.

(Ord. No. 662, § 2, 12-13-23)

17.36.130 - Appeals.

A.

Applicability. An action by the director or planning commission in the administration or enforcement of the provisions of this title may be appealed in accordance with this section.

1.

Appeals of Director Decisions. Decisions of the director may be appealed to the planning commission by filing a written appeal with the planning division.

2.

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 and paying any applicable fees.

3.

Appeals of Local Decisions on Coastal Development Permits. Actions on coastal development permits may be appealed pursuant to Chapter 17.39, Coastal Development Permits (IP).

B.

Appeal Process.

1.

Rights of Appeal. Appeals 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 title.

2.

Time Limits. Unless otherwise specified in state or federal law, all appeals shall be filed in writing within ten days of the date of the action, decision, motion, or resolution from which the action is taken. In the event an appeal period ends on a Saturday, Sunday, or any other day the city is closed, the appeal period shall end at the close of business on the next consecutive business day.

3.

Procedures.

a.

Filing. The appeal shall identify the decision being appealed and shall clearly and concisely state the reasons for the appeal. The appeal shall be accompanied by the required fee.

b.

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.

c.

Public Notice and Hearing. The director, or in the case of appeals to the city council, the city clerk, shall schedule the appeal for consideration by the applicable appeal body within sixty days of the date the appeal is filed. Notice of the appeal hearing must be provided in the same manner required for the action that was the subject of the appeal.

(Ord. No. 662, § 2, 12-13-23)

Requests for interpretations of this title and verifications relating to prior approvals or permits may be made to the director. Requests shall be in writing. The decision of the director or planning commission on such requests may be appealed under Section 17.36.130, Appeals.

(Ord. No. 662, § 2, 12-13-23)

Chapter 17.37 - ZONING CLEARANCE

Sections:

This chapter establishes procedures for conducting a zoning clearance to verify that each new or expanded use, activity, improvement, or structure complies with all of the applicable requirements of this title.

(Ord. No. 662, § 2, 12-13-23)

A zoning clearance is required for property improvements, buildings or structures erected, constructed, altered, repaired or moved, the use of vacant land, changes in the character of the use of land or building, or for substantial expansions in the use of land or building, which are allowed as a matter of right by this title.

(Ord. No. 662, § 2, 12-13-23)

Before work may commence and before the city may issue any business license, building permit, subdivision approval, or lot line adjustment, the director shall review the application to determine whether the improvement, use, building, or change in lot configuration complies with all provisions of this title or any design review, use permit or variance approval and that all conditions of such permits and approvals have been satisfied.

A.

Application. Applications and fees for a zoning clearance shall be submitted in accordance with the provisions set forth in Section 17.36.020, Application Forms and Fees. The director may request that the zoning clearance application be accompanied by a written narrative, plans, and other related materials necessary to show that the proposed development, alteration, or use of the site complies with all provisions

of this title and the requirements and conditions of any applicable design review, use permit, variance, coastal development permit, or other planning approval.

B.

Determination. If the director determines that the proposed use, building, or site development is allowed as a matter of right by this title, and conforms to all the applicable development and use standards, the director shall issue a zoning clearance. An approved zoning clearance may include attachments of other written or graphic information, including but not limited to, statements, numeric data, site plans, floor plans and building elevations and sections, as a record of the proposal's conformity with the applicable regulations of this title.

C.

Exceptions. No zoning clearance shall be required for the continuation of previously approved or permitted uses and structures, or uses and structures that are not subject to any building or zoning regulations. (Ord. No. 662, § 2, 12-13-23)

Chapter 17.38 - DESIGN REVIEW

Sections:

This chapter establishes the design review procedure to ensure that new development supports the goals and objectives of the general plan and other adopted plans and guidelines. The specific purposes of the design review process are to:

A.

Promote excellence in site planning and design and the harmonious appearance of buildings and sites;

B.

Ensure that new and altered uses and development will be compatible with the existing and potential development of the surrounding area; and

C.

Supplement other city regulations and standards in order to ensure control of aspects of design that are not otherwise addressed.

(Ord. No. 662, § 2, 12-13-23)

Design review is required for all projects that require a permit for new construction, reconstruction, rehabilitation, alteration, or other improvements to the exterior of a structure, site, or a parking area except

for:

A.

Additions, construction, reconstruction, alterations, improvements, and landscaping for a project developed in compliance with a previous design review approval; and

B.

Replacement of exterior materials, including openings, with the same materials.

(Ord. No. 662, § 2, 12-13-23)

A.

Planning Commission. The planning commission shall have design review authority for the following projects:

1.

Single-Unit Development. Single-unit development of more than two thousand five hundred square feet of floor area.

2.

Multi-Unit Development. Multi-unit development consisting of four or more units, or more than six thousand square feet of floor area.

3.

Non-Residential Development. All new construction and any improvement or addition that results in more than a ten percent increase in floor area, or more than two thousand square feet of floor area.

4.

Other Projects. All projects otherwise requiring planning commission approval.

B.

Director.

1.

The director shall have design review authority for all projects that do not meet the criteria listed in subsection A for a decision by the planning commission.

2.

The director may refer items directly to the planning commission when in his/her opinion the public interest would be better served by having the planning commission conduct design review.

(Ord. No. 662, § 2, 12-13-23)

A.

Forms and Fees. Written applications for design review applications shall be submitted to the planning division in compliance with the application procedures in Chapter 17.36, Common Procedures.

B.

Concurrent Processing. When a development project requires a use permit, variance, coastal development permit, or any other discretionary approval, the design review application shall be submitted as a part of the application for the underlying permit, coastal development permit, use permit, or variance.

(Ord. No. 662, § 2, 12-13-23)

17.38.050 - Public notice.

A.

Design Review by the Planning Commission. For all projects for which the planning commission is the design review authority, public notice shall be provided pursuant to Section 17.36.060, Public Notice.

B.

Design Review by the director. No public notice is required for design review for projects for which the director is the design review authority.

(Ord. No. 662, § 2, 12-13-23)

17.38.060 - Public hearing.

A.

Design Review by the Planning Commission. All projects for which the planning commission is the design review authority, shall require a public hearing before the planning commission pursuant to Section 17.36.070, Conduct of Public Hearings.

B.

Design Review by the director. No public hearing is required for design review where the director is the design review authority.

(Ord. No. 662, § 2, 12-13-23)

17.38.070 - Scope of design review.

A.

Design Review Considerations. Design review shall be based on consideration of the requirements of this chapter as they apply to the design of the site plan, structures, landscaping, and other physical features of a proposed project, including:

1.

Building proportions, massing, and architectural details;

2.

Site design, orientation, location, and architectural design of buildings relative to existing structures on or adjacent to the property, topography, and other physical features of the natural and built environment;

3.

Incorporation of sustainable design features;

4.

Size, location, design, development, and arrangement of on-site parking and other paved areas;

5.

Exterior materials and, except in the case of design review of a single-family residence, color as they relate to each other, to the overall appearance of the project, and to surrounding development;

6.

Height, materials, design, fences, walls, and screen plantings;

7.

Location and type of landscaping including selection and size of plant materials, and design of hardscape; and

8.

Size, location, design, color, lighting, and materials of all signs.

B.

Reduction in Density. Design review shall not result in a reduction in the residential density.

(Ord. No. 662, § 2, 12-13-23)

When conducting design review, the review authority shall evaluate applications to ensure that they satisfy the following criteria, conform to the policies of the general plan and any applicable specific plan, the

residential design guidelines and any other applicable design guidelines, and are consistent with any other policies or guidelines the city council may adopt for this purpose. To obtain design review approval, projects must satisfy the following criteria to the extent they apply.

A.

The overall design of the project including its form, scale, massing, site plan, exterior design, and landscaping will implement the general plan vision for community character areas for the particular area in which it is located as well as complement the natural and built features of surrounding properties and incorporate sustainable development features.

B.

The project design is appropriate to the function of the project and will provide an attractive and comfortable environment for occupants, visitors, and the general community.

C.

Project details, materials, signage and landscaping, are internally consistent, fully integrated with one another, and used in a manner that is visually consistent with the proposed architectural design.

D.

The design of streetscapes, including street trees, lighting, and pedestrian furniture, is consistent with the intended character of the area.

E.

Parking areas and other hardscape areas are designed and developed to buffer surrounding land uses; compliment pedestrian-oriented development; enhance the environmental quality of the site, including minimizing stormwater run-off and the heat-island effect; and achieve a safe, efficient, and harmonious development.

F.

Lighting and lighting fixtures are designed to complement buildings, be of appropriate scale, provide adequate light over walkways and parking areas to create a sense of pedestrian safety, avoid creating glare, and conform to dark sky principles.

G.

Landscaping is designed to be compatible with and enhance the vision for the community character area in which the development is located as well as the architectural character and features of the buildings on site.

(Ord. No. 662, § 2, 12-13-23)

A.

Planning Commission. The planning commission shall review and approve a design review permit for those projects for which it is the review authority.

B.

Director. The director shall review and approve a design review permit for those projects that include a second story addition or for additions of over one thousand square feet. For all other development, the director shall conduct design review as part of the building permit plan review process.

(Ord. No. 662, § 2, 12-13-23)

17.38.100 - Appeals; expiration, extensions, and revisions; revocation.

A.

Appeals. Design review decisions are subject to the appeal provisions of Section 17.36.130, Appeals.

B.

Expiration, Extensions and Revisions. Design review approval is effective and may only be extended or revised as provided for in Chapter 17.36, Common Procedures.

C.

Revocation. Design review approval may be revoked pursuant to Section 17.48.080, Revocation, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated.

(Ord. No. 662, § 2, 12-13-23)

Chapter 17.39 - COASTAL DEVELOPMENT PERMITS (IP)

Sections:

17.39.010 - Coastal development permit processing procedures.

This section provides procedures for coastal development permit (CDP) application processing, filing, review, noticing, and action for development in the city of Morro Bay's CDP jurisdiction within the coastal zone.

A.

CDP Required. All development, as defined in Coastal Act Section 30106, within the coastal zone requires a CDP except as specified in Section 17.39.020, CDP Exemptions, and Section 17.39.030, Waivers for Deminimis Development.

B.

Reviewing Authority. The following bodies shall approve, conditionally approve, revise or deny applications for Coastal Development Permits based on consideration of the requirements of this chapter.

1.

Director. The director shall review applications for coastal development permits for the following development, provided the development does not otherwise require discretionary action by the planning commission under another provision of this title and the development is not appealable to the coastal commission pursuant to Public Resources Code Section 30603 and Title 14 Sections 13110 through 13120 of the California Code of Regulations:

a.

Accessory dwelling units and junior accessory dwelling units.

b.

Single unit development with less than two thousand five hundred square feet of floor area (excluding garage).

c.

Development of two residential units within the RS or RL district consistent with Section 17.07.030 A.

d.

Urban lot splits pursuant to California Government Code Section 66411.7 and Title 16, Subdivisions, of the municipal code.

e.

Multi-unit development with less than six thousand square feet of floor area.

f.

Demolition of two or fewer residential units.

g.

Additions or improvements to existing public works facilities and utilities that do not constitute major public works as defined by the California Code of Regulations Section 13012.

2.

Planning Commission. The planning commission shall review applications for coastal development permits for all projects that do not meet the criteria listed in Section 17.39.010 B.1, Director, for a decision by the director.

C.

Additional Permits. The review of a CDP application shall be processed concurrently with any other discretionary permit applications required by the city. Any such discretionary approvals become effective only after a CDP is approved as required by this chapter and so long as they are consistent with the CDP

terms and conditions. The city may not grant any discretionary approval for a proposed project that conflicts with this chapter.

D.

Unpermitted Development and Permitting Processes. Development that occurred after the effective date of the Coastal Act of 1976 (i.e., January 1, 1977) or after the coastal initiative of 1972 (February 1, 1973), whichever is applicable, and that did not receive a CDP or was not otherwise authorized under the coastal act/coastal initiative, is not lawfully established or authorized development ("unpermitted development"). In addition, development inconsistent with the terms and conditions of an approved CDP is also not lawfully established or authorized development. Both categories of unpermitted development shall be subject to Section 17.01.050 G, LCP Violations. If development is proposed on a site with unpermitted development, then such application may only be approved if it resolves all permitting and coastal resource issues associated with the unpermitted development, including through retention of all or part of same if it can be approved as LCP consistent, or through removal and restoration of affected areas.

(Ord. No. 662, § 2, 12-13-23)

17.39.020 - CDP exemptions.

In accordance with Coastal Act Section 30610 and Title 14 of the California Code of Regulations (CCR) Sections 13250, 13252, and 13253, all of which govern here in the case of conflicts or questions of interpretation, the following projects are exempt from the requirement to obtain a CDP:

A.

Existing Single-Family Residences. Improvements to an existing single-family residence, including fixtures and structures directly attached to a residence, landscaping, and structures normally associated with a single-family residence, such as garages, swimming pools, fences and storage sheds. This exemption does not include:

1.

Improvements to a single-family residence if the residence or any improvement is located on a beach, in a wetland, seaward of the mean high-tide line, within an environmentally sensitive habitat area, in an area designated highly scenic in the LCP (i.e., those areas designated in LUP Figures C-6 and C-7), or within fifty feet of the edge of a coastal bluff.

2.

Any significant alteration of land forms including removal or placement of vegetation on a beach, wetland, or sand dune, within fifty feet of the edge of a coastal bluff, or within an environmentally sensitive habitat area.

3.

On property not included in subparagraph A.1 above that is in an appealable area pursuant to Coastal Act Section 30603, when one of the following circumstances apply:

a.

Improvement that would result in an increase of ten percent or more of internal floor area of an existing structure; or

b.

An additional improvement of ten percent or less where an improvement to the structure has previously been undertaken pursuant to this section; or

c.

An increase in height by more than ten percent of an existing structure; or

d.

An increase of height of ten percent or less where height has already been undertaken pursuant to this section; and/or

e.

Development that includes any significant non-attached structure such as garages, fences, shoreline protective works or docks.

4.

Any improvement to a single-family residence where the coastal development permit issued for the original structure by the coastal commission or city indicated that any future improvements would require a coastal development permit or a CDP amendment or some other type of coastal authorization (e.g., a CDP waiver).

B.

Other Existing Structures. Improvements to an existing structure, other than a single-family residence or public works facility, including landscaping and fixtures and other structures directly attached to the structure. This exemption does not include:

1.

Improvements to a structure if the structure or improvement is located on a beach; in a wetland, stream, or lake; seaward of the mean high-tide line; in an area designated highly scenic in the LCP (i.e., those areas designated in LUP Figures C-6 and C-7); or within fifty feet of the edge of a coastal bluff.

2.

Any significant alteration of land forms including removal or placement of vegetation, on a beach or sand dune; in a wetland or stream; within one hundred feet of the edge of a coastal bluff, in a highly scenic area, or in an environmentally sensitive habitat area.

On property not included in subparagraph B.1 above that is in an appealable area pursuant to Coastal Act Section 30603, when one of the following circumstances apply:

a.

Improvement that would result in an increase of ten percent or more of internal floor area of an existing structure;

b.

An additional improvement of ten percent or less where an improvement to the structure has previously been undertaken pursuant to this section;

c.

An increase in height by more than ten percent of an existing structure;

d.

An increase of height of ten percent or less where height has already been undertaken pursuant to this section; or

e.

Development includes any significant non-attached structure such as garages, fences, shoreline protective works or docks.

4.

Any improvement to a structure which changes the intensity of use of the structure.

5.

Any improvement made pursuant to a conversion of an existing structure from a multiple unit rental use or visitor-serving commercial use to a use involving a fee ownership or long-term leasehold including, but not limited to, a condominium conversion, stock cooperative conversion or motel/hotel timesharing conversion.

6.

Any improvement to a structure where the coastal development permit issued for the original structure by the coastal commission or city indicated that any future improvements would require a coastal development permit or a CDP amendment or some other type of coastal authorization (e.g., a CDP waiver).

C.

Repair or Maintenance Activities. Repair or maintenance activities that do not result in an addition to, or enlargement or expansion of, the object of those repair or maintenance activities. This exemption does not include:

Any method of repair or maintenance of a seawall, revetment, bluff retaining wall, breakwater, groin, culvert, outfall, or similar shoreline work that involves:

a.

Repair or maintenance involving substantial alteration of the foundation of the protective work including pilings and other surface or subsurface structures;

b.

The placement, whether temporary or permanent, of rip-rap, artificial berms of sand or other beach materials, or any other forms of solid materials, on a beach or in coastal waters, streams, wetlands, estuaries and lakes or on a shoreline protective work except for agricultural dikes within enclosed bays or estuaries;

c.

The replacement of twenty percent or more of the materials of an existing structure with materials of a different kind;

d.

The presence, whether temporary or permanent, of mechanized construction equipment or construction materials on any sand area, bluff, or environmentally sensitive habitat area, or within twenty feet of coastal waters or streams;

e.

The placement of dredged spoils of any quantity within an environmentally sensitive habitat area, on any sand area, within fifty feet of the edge of a coastal bluff or environmentally sensitive habitat area, or within twenty feet of coastal waters or streams; or

f.

The removal, sale, or disposal of dredged spoils of any quantity that would be suitable for beach nourishment in an area the commission has declared by resolution to have a critically short sand supply that must be maintained for protection of structures, coastal access or public recreational use.

2.

Any repair or maintenance to facilities or structures or work located in an environmentally sensitive habitat area, any sand area, within fifty feet of the edge of a coastal bluff or environmentally sensitive habitat area, or within twenty feet of coastal waters or streams that include either of the following:

a.

The placement or removal, whether temporary or permanent, of rip-rap, rocks, sand or other beach materials or any other forms of solid materials.

b.

The presence, whether temporary or permanent, of mechanized equipment or construction materials.

3.

Those activities specifically described as exempt from CDP requirements in the document entitled "Repair, Maintenance and Utility Hookups," adopted by the coastal commission on September 5, 1978 unless a proposed activity will have a risk of substantial adverse impact on public access, environmentally sensitive habitat areas, wetlands, or public views to the ocean, in which case the 1978 document exemptions do not apply.

4.

Unless destroyed by natural disaster, the replacement of fifty percent or more of a single-family residence, seawall, revetment, bluff retaining wall, breakwater, groin or any other structure that is not repair and maintenance under Coastal Act Section 30610(d) but instead constitutes a replacement structure requiring a coastal development permit.

D.

Replacement of Destroyed Structures. The replacement of any legally established structure, other than a public works facility, destroyed by a disaster. The replacement structure shall conform to applicable LCP requirements, shall be for the same use as the destroyed structure, shall not exceed either the floor area, height, or bulk of the destroyed structure by more than ten percent, and shall be sited in the same location on the affected property as the destroyed structure. As used in this section, "disaster" means any situation in which the force or forces which destroyed the structure to be replaced were beyond the control of its owner; "bulk" means total interior cubic volume as measured from the exterior surface of the structure; and "structure" includes landscaping and any erosion control structure or device which is similar to that which existed prior to the occurrence of the disaster.

E.

Temporary Events. Temporary events as defined in this section and which meet all of the following criteria:

1.

Are not held between Memorial Day weekend and Labor Day weekend, or if proposed in this period will be of less than two weeks in duration including setup and take-down; and

2.

Does not occupy all or a portion of a sandy beach or park area and there is no potential for adverse effect on sensitive coastal resources; and

3.

A fee will not be charged for general public admission and/or seating where no fee is currently charged for use of the same area (not including booth or entry fees); or if a fee is charged, it is for preferred seating only and more than seventy-five percent of the provided seating capacity is available free of charge for general public use; and

4.

The proposed event has been reviewed in advance by the city and it has been determined, subject to the procedure in Section 17.39.040, City CDP Determinations, that it meets the following criteria:

a.

The event will result in no adverse impact on opportunities for public use of or access to the area due to the proposed location and or timing of the event either individually or together with other development or temporary events scheduled before or after the particular event;

b.

There will be no direct or indirect impacts from the event and its associated activities or access

requirements on environmentally sensitive habitat areas, rare or endangered species, significant scenic resources, or other coastal resources; and

c.

The event has not previously required a coastal development permit to address and monitor associated impacts to coastal resources.

F.

Emergency Work. Immediate emergency work necessary to protect life or property, or immediate emergency repairs to public service facilities necessary to maintain service as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code.

(Ord. No. 662, § 2, 12-13-23)

17.39.030 - Waivers of de minimis development.

A.

Authority. The director may issue a written waiver from coastal development permit requirements of this chapter for any development that is de minimis.

B.

Determination of Applicability. A proposed development is de minimis if the director determines, based on a review of an application for a coastal development permit, that the development satisfies all of the following requirements:

1.

The proposed development is within the coastal zone; the development is not of a type or in a location where an action on the development would be appealable to the coastal commission; and not within an area where the coastal commission retains permit jurisdiction and no local public hearing is required.

2.

The proposed development involves no potential for any adverse effect, either individually or cumulatively, on coastal resources and that it will be consistent with the certified local coastal program. The determination shall be made in writing and based upon factual evidence.

C.

Applicability.

1.

The director may consider the following types of development for possible permit waivers:

a.

Projects that would have been placed on the consent calendar of the planning commission or city council agenda without special conditions;

b.

Projects fully consistent with the certified LCP and for which all applicable policies of the LCP are objective in nature, such that staff does not have to exercise its judgment as to satisfaction of subjective criteria; and

c.

Projects located in areas where similar projects have been approved as a routine matter without conditions or opposition.

2.

The following projects will not be considered for possible waivers:

a.

Projects that involve questions as to conformity with the certified LCP, or that may result in potential impacts on coastal resources and public access;

b.

Projects with known opposition or probable public controversy; and

c.

Projects that involve divisions of land including condominiums.

D.

Public Notice. If, upon review of the coastal development permit application, the director determines that the development is de minimis, the applicant shall post public notice of the de minimis waiver on the property for at least ten working days prior to the final decision granting the waiver. Notice of intent to issue

a de minimis waiver shall also be made to all persons who have requested to be on the mailing list for that development project or site or for coastal decisions within the local jurisdiction, to all property owners and residents within three hundred feet of the perimeters of the parcel on which the development is proposed, to each local agency expected to provide essential facilities or services to the project, and all agencies for which an approval for the proposed development may be required within ten working days prior to the decision on the application. The director shall provide notice, by first class mail, of pending waiver of permit requirements.

E.

Content of Public Notice. The notice shall contain the following information:

1.

A general description of the proposed project and location;

2.

A statement that the development is within the coastal zone;

3.

The date of filing of the application and the name of the applicant;

4.

The number assigned to the application;

5.

The date at which the waiver may become effective;

6.

The general procedure concerning the submission of public comments either in writing or orally prior to the decision; and

7.

A statement that a public comment period of sufficient time to allow for the submission of comments by mail will be held prior to the decision.

F.

Executive Director Determination. The director shall provide a notice of determination to issue a de minimis CDP waiver to the executive director of the coastal commission no later than ten working days prior to the waiver being reported at a city public hearing (see Section 17.39.030 G, Review and Concurrence, below). If the executive director notifies the community development director that a waiver should not be issued prior to the waiver being reported, the applicant shall be required to obtain a coastal development permit if the applicant wishes to proceed with the development.

G.

Review and Concurrence. The director's determination to issue a waiver shall be subject to review and concurrence by the decision makers (i.e. planning commission or city council, as applicable). The director shall not issue a waiver until the public comment period, including at a minimum through and including the required reporting of the waiver at a public hearing, has expired. At such public hearing, the public shall have the opportunity to testify and otherwise participate in a hearing on the waiver. If two or more decision makers object to the waiver, the waiver shall not be issued and, instead, an application for a coastal development permit shall be required and processed in accordance with the provisions of this chapter. Otherwise, the waiver shall be deemed approved, effective, and issued the day of the public hearing. In addition to the noticing requirements above, within seven calendar days of effective date of a waiver, the community development director shall send a notice of final action as specified in Section 17.39.080, Notices of City's Final Action on CDPs.

H.

Waiver Expiration. A de minimis waiver shall expire and be of no further force and effect if the authorized development is not exercised by substantial ground altering physical development within two years of the effective date of the waiver. In this event, either a new de minimis waiver or a regular coastal development permit shall be required for the development.

(Ord. No. 662, § 2, 12-13-23)

The determination of whether a development is exempt, waivable, non-appealable, or appealable for purposes of notice, hearing, and appeals procedures shall be made by the director at the time the coastal development permit application for development is submitted or as soon thereafter as practical, and in all cases prior to the application being deemed complete for processing. This determination shall be made with reference to the certified local coastal program, including any provisions that support the determination.

Where an applicant, interested person, the coastal commission's executive director, or the director has a question as to the appropriate designation for the development, the following procedures shall establish whether a development is exempt, non-appealable, or appealable:

A.

City Determination. The director shall make his or her determination as to what type of development is being proposed and shall inform the applicant, interested parties, and the coastal commission in writing of the notice and hearing requirements for that particular development (i.e., exempt, appealable, nonappealable).

B.

Challenge to City Determination. If the determination of the director is challenged by the applicant, the coastal commission's executive director, or an interested person, or if the director wishes to have a coastal

commission determination as to the appropriate designation, the director shall notify the commission's central coast district office of the dispute/question and shall request an executive director's opinion.

C.

Coastal Commission Determination. The executive director shall within ten working days of the request provide his or her opinion in writing to the city, the applicant, and any other known interested parties. There are three possible outcomes:

1.

If the executive director agrees with the city's determination, then the city's determination shall be final and shall apply to the proposed development.

2.

If the executive director disagrees with the city's determination, and the city accepts the executive director's opinion, then the review and permit procedures associated with the executive director's opinion shall apply to the proposed development.

3.

If the executive director disagrees with the city's determination, the matter shall be set for public hearing before the coastal commission to make the final determination of applicable review and permit procedures, and the coastal commission's determination shall apply to the proposed development.

(Ord. No. 662, § 2, 12-13-23)

A.

Contents. Coastal development permit application submittals must include all the information and materials required by the community development department. It is the responsibility of the applicant to provide all necessary and requested evidence to allow for the reviewing authority to make a decision regarding whether the proposed development is consistent with the LCP, including with respect to the findings required by Section 17.39.070, Required Findings for CDP Approval. The application and accompanying materials shall be filed with the city before or concurrent with application for any other required city permits for the proposed project. The CDP application shall include, at a minimum:

1.

Project plans and supporting materials sufficient to determine whether the project complies with all relevant policies of the local coastal program, including a clear depiction of all existing conditions and development on the site, and all proposed development;

2.

Documentation of the applicant's legal interest in all the property upon which development is proposed, including properties crossed or affected by construction. The area subject to the CDP application may

include contiguous properties where the director finds that necessary to achieve the requirements of the local coastal program. The area covered by a proposed project may also include multiple ownerships;

3.

Documentation of any prior CDPs or other coastal authorizations on the property, including any restrictions from permit conditions, deed restrictions, easements, and any other encumbrances affecting allowable development and use on the property;

4.

All restrictions that apply to the property, including copies of the legal documents, and site plans noting where such restrictions apply;

5.

A description of any unpermitted development on the site, including any violations of existing CDP terms and conditions, and provisions for resolving all permitting and coastal resource issues associated with the unpermitted development (see also Section 17.39.010 D, Unpermitted Development and Permitting Processes);

6.

A dated signature by or on behalf of each of the applicants, attesting to the truth, completeness and accuracy of the contents of the application and, if the signer of the application is not the applicant, written evidence that the signer is authorized to act as the applicant's representative and to bind the applicant in all matters concerning the application;

7.

Information to determine whether the project complies with LCP environmental justice policies, including proximity of any environmental justice communities to the project area, the potential effect of the project on environmental justice communities, and the potential effect of the project on environmental justice communities as compared to other communities; and

8.

Any additional information deemed by the director to be required for specific categories of development or for development proposed for specific geographic areas or in relation to the specific issues raised by the application.

B.

Concurrent Permit Application. The application for a CDP shall be made concurrently with application for any other non-CDP permits or approvals required by the city.

(Ord. No. 662, § 2, 12-13-23)

17.39.060 - CDP application public notice and hearing.

A.

Public Hearing and Notice Requirements.

1.

Director Actions.

a.

Hearing. A public hearing is not required for CDP applications for which the director is the reviewing authority.

b.

Noticing. The city shall provide public notice of the submission of a CDP application as follows:

i.

Posted Notice. At least ten days before the date the director takes action, the city shall post a notice in a conspicuous place on the project site and at the Morro Bay branch of the public library.

ii.

Mailed Notice. At least ten days before the date the director takes action, the city shall provide notice by first class mail delivery to the coastal commission and to all persons who have requested to be on the mailing list for that development project.

2.

Planning Commission and City Council Actions.

a.

Hearing. All planning commission and city council actions on CDP applications that are not issued a written waiver from coastal development permit requirements under Section 17.39.030, Waivers of De Minimis Development, shall require a public hearing.

b.

Noticing. The city shall provide public notice of public hearings on CDP applications as follows.

i.

Posted Notice. At least ten days before the date of the public hearing, the city shall post a notice in a conspicuous place on the project site and at the Morro Bay branch of the public library, at the planning division office, and at City Hall.

ii.

Mailed Notice. At least ten days before the date of the public hearing, the director, or the city clerk for hearings before the city council, shall provide notice by first class mail delivery to:

(1)

The owner(s) and owner's agent of all properties for which development is proposed, the applicant, and any applicant representatives;

(2)

Each local agency expected to provide essential facilities or services to the project;

(3)

Any person who has filed a request for notice with the director;

(4)

All owners and all occupants of parcels of real property located within one hundred feet of the perimeter of the real properties on which the development is proposed, but at a minimum all owners and all occupants of real property adjacent to the properties on which the development is proposed;

(5)

All agencies for which an approval for the proposed development may be required, including the state lands commission when an application for a CDP is submitted to the city on property that is potentially subject to the public trust;

(6)

All known interested parties; and

(7)

The coastal commission.

c.

Newspaper Notice. At least ten days before the date of the public hearing, the director or the city clerk for hearings before the city council, shall publish a notice in at least one newspaper of general circulation in the city.

d.

Alternative Method for Large Mailings. If the number of owners to whom notice would be mailed or delivered is greater than one thousand, instead of mailed notice, the director or city clerk may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation in the city at least ten days prior to the hearing.

e.

Additional Means. The director may also require additional means of notice that is reasonably determined necessary to provide adequate public notice of the application for the proposed project.

3.

Language Access. The city shall establish or procure translation services for the purpose of translating critical information in written notices for projects in areas where the use of a language other than English is significant (three percent of residents speaking a language other than English or more).

B.

Contents of Notice. The required notice may be combined with other required project permit notice(s), shall be mailed by first class mail and shall include the following information:

1.

A statement that the project is within the coastal zone, and that the project decision will include a determination on a CDP;

2.

The date of filing of the application;

3.

The name of the applicants and the applicants' agents;

4.

The number assigned to the application;

5.

A description of the proposed project and its location;

6.

A determination of whether the project is appealable to the coastal commission;

7.

The date, time and place of the hearing and/or decision on the application;

8.

A brief description of the procedures for public comment and decision on the application, including listing what review authority is to decide on the CDP application, as well as the system of appeal for any actions taken; and

9.

All procedures for challenge and appeal associated with the type of application being considered.

C.

Re-Noticing required. If a decision on a CDP is continued by the review authority to a date or time not specific, the item shall be re-noticed in the same manner and within the same time limits established by this section. If a decision on a CDP is continued to a specific date and time within thirty days of the first hearing, then no re-noticing is required.

(Ord. No. 662, § 2, 12-13-23)

17.39.070 - Required findings for CDP approval.

To approve a CDP, the review authority must find that the development, as proposed and conditioned, is consistent with all applicable LCP policies and standards, including making all of the following findings, that themselves shall be based upon substantial evidence:

A.

LCP Consistency. The project is consistent with the LCP.

B.

Public Views. The project protects or enhances public views.

C.

Habitat Protection. The project protects vegetation, natural habitats and natural resources consistent with LCP.

D.

Design Consistency. The design, location, size, and operating characteristics of the proposed development is consistent with applicable LCP design requirements, including design plans and area plans incorporated into the LCP.

E.

Coastal Access. The project protects or enhances public access to and along the coast.

F.

Visitor Serving. The project supports the LCP goal of providing for visitor-serving needs as appropriate, including providing low and no cost visitor and recreational facilities.

G.

Appropriate Use. The project is consistent with the allowed LCP uses associated with the property.

H.

Coastal Resources. The proposed development protects or enhances coastal resources, where applicable.

I.

Environmental Justice. The project addresses whether proposed development results in environmental justice impacts, consistent with LCP environmental justice policies. When relevant, the project includes mitigation measures to minimize or eliminate potential adverse and/or disproportionate impacts of development on environmental justice communities.

J.

Hazards. The proposed development is consistent with the LCP's coastal hazards provisions.

(Ord. No. 662, § 2, 12-13-23)

A.

The city's decision on a CDP shall become final when all local rights of appeal have been exhausted per Section 17.39.090, Appeals of CDP Decisions. Within ten calendar days of a final action on a CDP application, the city shall provide notice of such action by first class mail to the applicant, the coastal commission, and any other persons who have requested such notice by submitting a self-addressed, stamped envelope to the city. The notice sent to all parties shall at a minimum include a cover sheet or memo summarizing the relevant action information, and the notice sent to the coastal commission shall include that cover sheet/memo, as well as additional supporting materials that further explain and define the action taken, as follows:

1.

Cover Sheet/Memo. The cover sheet/memo shall be dated and shall clearly identify at a minimum the following information:

a.

All project applicants and project representatives and their address and other contact information.

b.

Project description and location.

c.

City decision making body, city decision, and date of decision.

d.

All local appeal periods and disposition of any local appeals filed.

e.

Whether the city decision is appealable to the coastal commission, the reason why it is or isn't appealable to the coastal commission, and procedures for appeal to the coastal commission.

f.

A list of all additional supporting materials provided to the coastal commission.

g.

All recipients of the notice.

2.

Additional Supporting Materials to the Coastal Commission. The additional supporting materials shall include at a minimum the following information:

a.

The final adopted findings and final adopted conditions.

b.

The final staff report.

c.

The approved project plans.

d.

All other substantive documents cited and/or relied upon in the decision including CEQA documents, technical reports (e.g., geologic reports, biological reports, etc.), correspondence, etc.

B.

If the coastal commission does not notify the city in writing of any deficiency in such notice of final action within five calendar days of its filing, the notice of final action will be deemed filed for the purposes of this IP as of the date of the notice.

(Ord. No. 662, § 2, 12-13-23)

A.

Local Decisions on CDPs. Local decisions on CDPs may be appealed by an aggrieved person in accordance with Section 17.36.130, Appeals. An aggrieved person is any person who, in person or through a representative, appeared at the city's public hearing in connection with the decision or action appealed, or who, by other appropriate means prior to a hearing informed the city of the nature of their concerns, or who for good cause was unable to do either. An aggrieved person includes the applicant for a CDP.

B.

Appeals to the Coastal Commission.

1.

In accordance with Coastal Act Section 30603, any city CDP approval in the following geographic areas may be appealed to the coastal commission:

a.

Projects located between the sea and the first public road paralleling the sea or within three hundred feet of the inland extent of any beach or of the mean high tide line of the sea where there is no beach, whichever is the greater distance.

b.

Projects located on tidelands, submerged lands, public trust lands, within one hundred feet of any wetland, estuary, or stream, or within three hundred feet of the top of the seaward face of any coastal bluff.

2.

In accordance with Coastal Act Section 30603, any city CDP approval or denial for a major public works project (including a publicly financed recreational facility or a special district development) or a major energy facility may be appealed to the coastal commission.

3.

Appeals to the coastal commission may be filed by the project applicant, any aggrieved person, or any two members of the coastal commission, and must be submitted to the coastal commission within ten working days of coastal commission receipt of a non-deficient notice of final action.

4.

City decisions may be appealed to the coastal commission only after an appellant has exhausted all local appeals from the planning commission to the city council, except that exhaustion of city council appeals is not required if any of the following occur:

a.

The city requires an appellant to appeal to a body other than the city council.

b.

An appellant was denied the right of the appeal by a city ordinance that restricts the class of persons who may appeal a local decision other than as provided in this IP.

c.

An appellant was denied the right of local appeal because city notice and hearing procedures for the development did not comply with the provisions of this title.

d.

The city required an appeal fee for the filing or processing of the appeal to the city council.

(Ord. No. 662, § 2, 12-13-23)

17.39.100 - Coastal development permits (CDP).

A.

CDP Effective Date.

1.

For CDP decisions that are not appealable to the coastal commission, CDPs shall become effective once the city's non-deficient notice of final action per Section 17.39.080, Notices of City's Final Action on CDPs, has been received by the commission.

2.

For CDP decisions that are appealable to the coastal commission, CDPs shall become effective either (a) after the coastal commission's ten-working day appeal period has run with no valid appeal being filed; or (b) following coastal commission final action on an appeal, subject to any terms and conditions of such action.

B.

CDP Expiration. A CDP not exercised by substantial ground altering physical development within two years of the date of its approval shall expire and become void, unless an extension of the expiration deadline is approved. Such extension shall only be granted for good cause, and only if there are no changed circumstances that may affect the consistency of the development with the LCP (and the Coastal Act, if applicable). In such cases where an extension is not granted, the CDP shall be considered expired and the applicant shall be required to reapply for a CDP. Any extension request shall be in writing by the applicant or authorized agent and received by the city prior to expiration of the two-year period. No CDP extension request may be considered if received after its expiration. Extensions shall be considered CDP amendments for purpose of notice and appeal to the coastal commission.

C.

CDP Amendment. An applicant may request a CDP amendment by filing an application to amend the CDP pursuant to the requirements of this chapter that apply to new CDP applications. Any amendment approved for development in the coastal zone shall be required to be found consistent with all applicable local coastal program requirements, including with regards to requirements of jurisdiction, hearings, notices and findings for approval, in the same way as new CDPs. Any CDP amendment shall be processed as appealable to the coastal commission if the base coastal permit was also processed as appealable, or if the development that is the subject of the amendment makes the amended project appealable to the coastal commission.

D.

CDP Revocation. Where one or more of the terms and conditions of a CDP have not been, or are not being, complied with, or when a CDP was granted on the basis of false material information, the planning commission or city council may revoke or modify the CDP following public hearing. Notice of such hearing shall be the same as would be required for a new CDP.

E.

CDP Application Resubmittals. For a period of twelve months following the denial of a CDP, the city shall not accept an application for the same or substantially similar proposed project for the same site, unless the denial or revocation was made without prejudice, and so stated in the record.

(Ord. No. 662, § 2, 12-13-23)

Emergency CDPs may be granted at the discretion of the director (or a local official designated by the city council) for projects normally requiring CDP approval. To be eligible for an emergency CDP, an emergency must exist (defined for this purpose as a sudden unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services), including when necessary to restore, repair, or maintain public works, utilities, and services during and immediately following a natural disaster or serious accident or other cases of emergency. The emergency CDP process is intended to allow for emergency situations to be abated through use of the minimum amount of temporary measures necessary to address the emergency in the least environmentally damaging manner.

A.

Application. Application for an emergency CDP shall be made to the city by letter if time allows, and by telephone or in person if time does not allow. The applicant shall submit the appropriate fees at the time of application for an emergency CDP.

B.

Required Information. The information to be reported during the emergency, if it is possible to do so, or to be fully reported after the emergency, shall include all of the following:

1.

The nature of the emergency.

2.

The cause of the emergency, insofar as this can be established.

3.

The location of the emergency.

4.

The remedial, protective, or preventive work required to address the emergency.

If reported after the fact, the circumstances during the emergency that appeared to justify the course of action taken, including the probable consequences of failing to take action.

6.

All available technical reports and project plans.

C.

Verification of Facts. The director or other designated local official shall verify the facts, including the existence and nature of the emergency, as time allows. The director may request, at the applicant's expense, verification by a qualified professional of the nature of the emergency and the range of potential solutions to the emergency situation, including the ways such solutions meet the criteria for granting permit. The director shall consult with the coastal commission as time allows.

D.

Public Notice. If time allows, the director shall provide public notice of the proposed emergency action, with the extent and type of notice determined on the basis of the nature of the emergency itself.

E.

Criteria for Granting Emergency CDP. The director may grant an emergency CDP upon making all of the following findings, that themselves shall be based upon clear supporting evidence and analysis:

1.

An emergency exists and requires action more quickly than permitted by the procedures for ordinary CDPs.

2.

The development can and will be completed within thirty days unless otherwise specified by the terms of the emergency CDP.

3.

Public comment on the proposed emergency action has been reviewed if time allows.

4.

The work proposed would be consistent with the requirements of the certified LCP.

5.

The proposed work is the minimum amount of temporary development necessary to abate the emergency in the least environmentally damaging manner.

F.

Conditions for Granting Emergency CDP. The director may attach reasonable terms and conditions to the granting of an emergency CDP, including an expiration date and the necessity for submittal of a regular CDP application by a specified date. At a minimum, all emergency CDPs shall include the following conditions:

1.

The emergency CDP shall be voided if the approved activity is not exercised within thirty days of issuance of the emergency CDP.

2.

The emergency CDP shall expire sixty days following its issuance. The director may extend an emergency CDP for an additional sixty days for good cause including but not limited to the fact that a regular CDP application is on file.

3.

Any work completed outside of these time periods requires a regular CDP approval unless an extension is granted by the city.

4.

The emergency development authorized by the emergency CDP is only temporary, and can only be allowed to remain provided a regular CDP is obtained to recognize it. Absent a regular CDP, the emergency development shall be removed and the affected area restored to pre-emergency conditions or better within six months of emergency CDP issuance.

5.

Within thirty days of completion of construction authorized by the emergency CDP, site plans and cross sections shall be submitted clearly identifying all development completed under the emergency CDP (comparing any previously permitted condition to both the emergency condition and to the post-work condition), along with a narrative description of all emergency development activities undertaken pursuant to the emergency authorization. Photos showing the project site before the emergency (if available), during emergency project construction activities, and after the work authorized by the emergency CDP is complete shall also be provided.

G.

Application for Regular CDP. Upon the issuance of an emergency CDP, the applicant shall submit a completed CDP application and any required technical reports within a time specified by the director, not to exceed ninety days. All emergency development approved pursuant to this section is considered temporary and must be removed and the area restored if the development is not recognized by a regular CDP within six months of the date of the emergency CDP issuance, unless the director authorizes an extension of time for good cause.

H.

Reporting of Emergency CDPs. The director shall report emergency CDPs issued to the coastal commission and to the city council and planning commission. The emergency CDP shall be scheduled on the agenda of the city council at its first scheduled meeting after that emergency CDP has been issued.

(Ord. No. 662, § 2, 12-13-23)

Chapter 17.40 - USE PERMITS

Sections:

The use permit review and approval process is intended to apply to uses that are generally consistent with the purposes of the zoning district where they are proposed but require special consideration to ensure that they can be designed, located, and operated in a manner that will not interfere with the use and enjoyment of surrounding properties.

(Ord. No. 662, § 2, 12-13-23)

Approval of a use permit is required for uses or developments specifically identified in Division II, District Regulations, and/or any other section of this title which requires a use permit.

(Ord. No. 662, § 2, 12-13-23)

17.40.030 - Review authority.

A.

Conditional Use Permits. The planning commission shall approve, conditionally approve, or deny applications for conditional use permits based on consideration of the requirements of this chapter.

B.

Minor Use Permits. The director shall approve, conditionally approve, or deny applications for minor use permits based on consideration of the requirements of this chapter.

1.

The director may, at their discretion, refer any application for a minor use permit for a project that may generate substantial public controversy or involve significant land use policy decisions to the planning commission for a decision rather than acting on it themselves. In that case, the application shall be processed as a conditional use permit.

(Ord. No. 662, § 2, 12-13-23)

An application for a use permit shall be filed to the planning division in accordance with Section 17.36.020, Application Forms and Fees. In addition to any other application requirements, the application for a use permit shall include data or other evidence in support of the applicable findings required by Section 17.40.070, Required Findings, below.

(Ord. No. 662, § 2, 12-13-23)

Public notice pursuant to Section 17.36.060, Public Notice, is required for all use permits.

(Ord. No. 662, § 2, 12-13-23)

17.40.060 - Public hearing.

A.

Conditional Use Permits. All applications for conditional use permits shall require a public hearing before the planning commission pursuant to Section 17.36.070, Conduct of Public Hearings.

B.

Minor Use Permits. No public hearing is required for minor use permits where the director is the review authority.

1.

Minor use permit applications referred to the planning commission for decision shall require a public hearing pursuant to Section 17.36.070, Conduct of Public Hearings.

(Ord. No. 662, § 2, 12-13-23)

The review authority must make all of the following findings in order to approve or conditionally approve a use permit application. The inability to make one or more of the findings is grounds for denial of an application.

A.

The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this title and all other titles of the municipal code;

B.

The proposed use is consistent with the general plan and any applicable specific plan;

C.

The proposed use will not be adverse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements;

D.

The proposed use complies with any design or development standards applicable to the zoning district or the use in question unless waived or modified pursuant to the provisions of this title;

E.

The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses in the vicinity; and

F.

The site is physically suitable for the type, density, and intensity of use being proposed.

(Ord. No. 662, § 2, 12-13-23)

In approving a use permit, the review authority may impose reasonable conditions or restrictions deemed necessary to:

A.

Ensure that the proposal conforms in all significant aspects with the general plan and with any other applicable plans or policies adopted by the city council;

B.

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

C.

Achieve the findings for a use permit listed in Section 17.40.070, Required Findings, above; or

D.

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

The review authority may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

(Ord. No. 662, § 2, 12-13-23)

17.40.090 - Appeals; expirations, extensions, and revisions; revocation.

A.

Appeals. An applicant or any other aggrieved party may appeal a decision on a use permit pursuant to the provisions of Section 17.36.130, Appeals.

B.

Expiration, Extensions and Revisions. Use permits are effective and may only be extended or revised as provided for in Chapter 17.36, Common Procedures.

C.

Revocation. Use permit approval may be revoked pursuant to Section 17.48.080, Revocation, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated.

(Ord. No. 662, § 2, 12-13-23)

Chapter 17.41 - TEMPORARY USE PERMITS

Sections:

This chapter establishes a process for review and approval of certain uses that are intended to be of limited duration of time and will not permanently alter the character or physical facilities of the site where they occur.

(Ord. No. 662, § 2, 12-13-23)

An application for a temporary use permit shall be submitted at least fifteen days before the use is intended to begin. The application shall be on the required form and shall include the written consent of the owner of the property or the agent of the owner.

(Ord. No. 662, § 2, 12-13-23)

17.41.030 - Public notice.

A.

Posted Notice. At least ten days before the date the temporary use will commence, notice shall be posted on the project site.

B.

Contents of Notice. The notice shall include the following information:

1.

The location of the real property, if any, that is the subject of the application;

2.

A general description of the proposed temporary use;

The city's file number assigned to the application;

4.

The date, time, and duration of the temporary use;

5.

The location and times as which the application and project file may be viewed by the public; and

6.

A statement describing how to submit written comments.

(Ord. No. 662, § 2, 12-13-23)

17.41.040 - Required findings.

The director may approve an application for a temporary use only upon making both of the following findings:

A.

The proposed use will not unreasonably affect adjacent properties, their owners and occupants, or the surrounding neighborhood, and will not in any other way constitute a nuisance or be detrimental to the health, safety, peace, comfort, or general welfare of persons residing or working in the area of such use or to the general welfare of the city; and

B.

The proposed use will not unreasonably interfere with pedestrian or vehicular traffic or circulation in the area surrounding the proposed use, and will not create a demand for additional parking that cannot be safely and efficiently accommodated by existing parking areas.

(Ord. No. 662, § 2, 12-13-23)

17.41.050 - Conditions of approval.

The director may impose reasonable conditions deemed necessary to ensure compliance with the findings for a temporary use permit listed in Section 17.41.040, Required Findings, including, but not limited to:

A.

Regulation of ingress and egress and traffic circulation;

B.

Fire protection and access for fire vehicles;

C.

Regulation of lighting;

D.

Regulation of hours and/or other characteristics of operation; and

E.

Removal of all trash, debris, signs, sign supports and temporary structures and electrical service.

The director may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

(Ord. No. 662, § 2, 12-13-23)

Chapter 17.42 - MODIFICATIONS (IP)

Sections:

The purpose of this chapter is to establish an alternate means of granting relief from the requirements of this title when so doing would be consistent with the purposes of the zoning code and it is not possible or practical to approve a variance.

(Ord. No. 662, § 2, 12-13-23)

Modifications may be granted as specifically identified in any other section of this title and as follows:

A.

Dimensional Requirements. Relief from dimensional requirements of property development standards specified in this title. Types of standards for which modifications may be approved include, but are not limited to:

1.

Setbacks. Front, side, and rear setback standards.

2.

Parking. The dimensional standards for parking spaces, aisles, driveways, landscaping, garages, and parking facility design.

3.

Fences. Standards for the location, height, and design of fences.

4.

Lot Coverage. Standards for the maximum amount of lot coverage.

5.

Landscaping. Standards for required landscaping and plantings.

6.

Transparency. Required ground-floor building transparency.

7.

Other Standards. Up to ten percent of other development standards not listed in subsection B below.

B.

Exclusions. Modification of the following standards may not be granted:

1.

Residential density.

2.

Maximum floor area ratio (FAR).

(Ord. No. 662, § 2, 12-13-23)

17.42.030 - Review authority.

A.

Director. The director may grant modifications as specifically identified in any other section of this title and the following.

1.

Relief of ten percent or less of the dimensional requirement of property development standards specified in this title.

B.

Planning Commission. The planning commission may grant modifications as specifically identified in any other section of this title and the following.

Relief of more than ten percent of the dimensional requirement of property development standards specified in this title.

(Ord. No. 662, § 2, 12-13-23)

A.

Concurrent Processing. If a request for a modification is being submitted in conjunction with an application for another approval, permit, or entitlement, it shall be heard and acted upon at the same time and in the same manner as that application.

B.

Application Requirements. An application for a modification shall be filed to the planning division in accordance with Section 17.36.020, Application Forms and Fees. In addition to any other application requirements, the application shall state in writing the nature of the modification requested and explain why the findings necessary to grant the modification are satisfied. The applicant shall also submit plans delineating the requested modification.

(Ord. No. 662, § 2, 12-13-23)

Public notice pursuant to Section 17.36.060, Public Notice, is required for all modifications.

(Ord. No. 662, § 2, 12-13-23)

17.42.060 - Public hearing.

A.

Director Approvals. No public hearing is required for modifications where the director is the review authority.

B.

Planning Commission Approvals. A public hearing pursuant to Section 17.36.070, Conduct of Public Hearings, shall be held where the planning commission is the review authority.

(Ord. No. 662, § 2, 12-13-23)

17.42.070 - Required findings.

A decision to grant a modification shall be based on the following findings:

A.

The modification is necessary due to the physical characteristics of the property and the proposed use or structure or other circumstances, including, but not limited to, topography, noise exposure, irregular

property boundaries, or other unusual circumstance.

B.

There are no alternatives to the requested modification that could provide an equivalent level of benefit to the applicant with less potential detriment to surrounding owners and occupants or to the general public.

C.

The granting of the requested modification would not be detrimental to the health or safety of the public or the occupants of the property or result in a change in land use or density that would be inconsistent with the requirements of this title.

(Ord. No. 662, § 2, 12-13-23)

17.42.080 - Conditions of approval.

In approving a modification, the review authority may impose any conditions deemed necessary to:

A.

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

B.

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

C.

Achieve the findings for a modification granted; or

D.

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

The review authority may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

(Ord. No. 662, § 2, 12-13-23)

17.42.090 - Appeals; expiration, extensions, and revisions; revocation.

A.

Appeals. The applicant or any other aggrieved party may appeal a decision on modification pursuant to the provisions of Section 17.36.130, Appeals.

B.

Expiration, Extensions, and Revisions. Modifications granted under this chapter are effective and may only be extended or revised as provided for in Chapter 17.36, Common Procedures.

C.

Revocation. Modification approval may be revoked pursuant to Section 17.48.080, Revocation, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated.

(Ord. No. 662, § 2, 12-13-23)

Chapter 17.43 - REASONABLE ACCOMMODATION (IP)

Sections:

This chapter provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts) in the application of zoning laws and other land use regulations, policies and procedures.

(Ord. No. 662, § 2, 12-13-23)

17.43.020 - Applicability.

A.

A request for reasonable accommodation may be made by any person with a disability, their representative or any entity, when the application of a requirement of this title or other city requirement, policy or practice acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or developmental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment. This chapter is intended to apply to those persons who are defined as disabled under the Acts.

B.

A request for reasonable accommodation may include a change or exception to the rules, standards and practices for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

C.

A reasonable accommodation is granted to the household that needs the accommodation and does not apply to successors in interest to the property.

D.

A reasonable accommodation may be granted in compliance with this chapter without the need for the approval of a variance.

E.

Requests for reasonable accommodation shall be as described in the following section.

(Ord. No. 662, § 2, 12-13-23)

A.

Community Development Director. Requests for reasonable accommodation shall be reviewed by the community development director if no approval is sought other than the request for reasonable accommodation. The written determination to grant, grant with changes, or deny the request for reasonable accommodation shall be made in accordance with the findings and decision as established below.

B.

Other Review Authority. Requests for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority responsible for reviewing the discretionary land use application. The written determination to grant, grant with changes, or deny the request for reasonable accommodation shall be made in accordance with the findings and decision as established below.

(Ord. No. 662, § 2, 12-13-23)

17.43.040 - Application.

A.

Application. Requests for reasonable accommodation shall be submitted in the form of a letter to the community development director and shall contain the following information:

1.

The applicant's name, address and telephone number;

2.

Address of the property for which the request is being made;

3.

The current actual use of the property;

4.

The basis for the claim that the individual is considered disabled under the Acts;

5.

The zoning code provision, regulation or policy from which reasonable accommodation is being requested; and

6.

Why the reasonable accommodation is necessary to make the specific property accessible to the individual.

B.

Review with Other Land Use Applications. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (e.g., conditional use permit, coastal development permit, etc.), then the applicant shall file the application for discretionary approval together with the information required by subsection A above for concurrent review.

(Ord. No. 662, § 2, 12-13-23)

The written decision to grant or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on consideration of the following factors:

A.

Whether the housing, which is the subject of the request, will be used by an individual disabled under the Acts;

B.

Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts;

C.

Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the city;

D.

Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a city program or law, including but not limited to land use, zoning, or the local coastal program;

E.

Potential impact on surrounding uses;

F.

Physical attributes of the property and structures; and

G.

Alternative reasonable accommodations that may provide an equivalent level of benefit.

(Ord. No. 662, § 2, 12-13-23)

In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required herein. The conditions shall also state whether the accommodation granted shall be rescinded in the event that the person for whom the accommodation was requested no longer resides on the property.

(Ord. No. 662, § 2, 12-13-23)

Chapter 17.44 - VARIANCES (IP)

Sections:

This chapter is intended to provide a mechanism for relief from the strict application of this title where this will deprive the property owner of privileges enjoyed by similar properties because of the subject property's unique and special conditions.

(Ord. No. 662, § 2, 12-13-23)

Variances may be granted to vary or modify dimensional and performance standards, but variances may not be granted to allow uses or activities that this title does not authorize for a specific lot or site.

(Ord. No. 662, § 2, 12-13-23)

The planning commission shall approve, conditionally approve, or deny applications for variances based on consideration of the requirements of this chapter. A variance sought for any CDP shall be processed pursuant to the CDP application requirements specified in Chapter 17.39.

(Ord. No. 662, § 2, 12-13-23)

Applications for a variance shall be filed with the planning division on the prescribed application forms in accordance with the procedures in Chapter 17.36, Common Procedures. In addition to any other application requirements, the application for a variance shall include data or other evidence showing that the requested variance conforms to the required findings set forth in Section 17.44.070, Required Findings.

(Ord. No. 662, § 2, 12-13-23)

An application for a variance shall require public notice pursuant to Section 17.36.060, Public Notice.

(Ord. No. 662, § 2, 12-13-23)

An application for a variance shall require a public hearing before the planning commission pursuant to Section 17.36.070, Conduct of Public Hearings.

(Ord. No. 662, § 2, 12-13-23)

The review authority must make all of the following findings in order to approve or conditionally approve a variance application. The inability to make one or more of the findings is grounds for denial of an application.

A.

There are exceptional or extraordinary circumstances or conditions applicable to the property involved that do not apply generally to property in the vicinity and identical zoning district, and that the granting of a variance will not constitute a granting of a special privilege inconsistent with the limitations on the property in the vicinity and identical zone district;

B.

The granting of the variance is necessary to prevent a physical hardship which is not of the applicant's own actions or the actions of a predecessor in interest;

C.

The granting of the variance will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare or convenience; and

D.

The granting of the variance will be consistent with the general purposes and objectives of this title, any applicable specific plans, and of the general plan.

(Ord. No. 662, § 2, 12-13-23)

In approving a variance, the planning commission may impose reasonable conditions deemed necessary to ensure compliance with the findings required in Section 17.44.070, Required Findings, above and may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

(Ord. No. 662, § 2, 12-13-23)

17.44.090 - Appeals; expirations, extensions, and revisions; revocation.

A.

Appeals. The applicant or any other aggrieved party may appeal a decision on a variance pursuant to the provisions of Section 17.36.130, Appeals.

B.

Expiration, Extensions and Revision. Variances are effective and may only be extended or revised as provided for in Chapter 17.36, Common Procedures.

C.

Revocation. Approval of a variance may be revoked pursuant to Section 17.48.080, Revocation, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated.

(Ord. No. 662, § 2, 12-13-23)

Chapter 17.45 - DEVELOPMENT AGREEMENTS

Sections:

This chapter establishes a process for consideration and review of development agreements consistent with Section 65864 et seq., of the Government Code. Development agreements are legally binding agreements that grant assurance that an applicant may proceed with development in accord with policies, rules, and regulations in effect at the time of approval subject to conditions to promote the orderly planning of public improvements and services, allocate costs to achieve maximum utilization of public and private resources in the development process, and ensure that appropriate measures to enhance and protect the environment are achieved.

(Ord. No. 662, § 2, 12-13-23)

17.45.020 - Applicability.

A.

The city incorporates by reference the provisions of Government Code Sections 65864—65869.5. In the event of any conflict between these statutory provisions and this chapter, this chapter shall control.

B.

A development agreement may be considered for a proposed development that will require a developer to make a substantial investment at the early stages of the project for planning and engineering for the entire project and for public facilities and services.

(Ord. No. 662, § 2, 12-13-23)

A.

The director shall negotiate the specific components and provisions of the development agreement on behalf of the city for review by the planning commission and recommendation to the city council.

B.

The planning commission shall review the development agreement and provide recommendation to the city council.

C.

The city council shall have the exclusive authority to approve a development agreement.

(Ord. No. 662, § 2, 12-13-23)

Applications for development agreements shall be filed with the community development department in accordance with the provisions set forth in Section 17.36.020, Application Forms and Fees. In addition to any other application requirements, the application for a development agreement shall include data or other evidence in support of the applicable findings required by Section 17.45.090, Required Findings.

(Ord. No. 662, § 2, 12-13-23)

A.

Required Contents. A development agreement shall specify its duration; the permitted uses of the subject property; the general location and density or intensity of uses; the general location, maximum height and size of proposed buildings; and provisions for reservation or dedication of land for public purposes. It shall contain provisions concerning its transferability.

B.

Additional Contents. Development agreements may also include the following:

1.

Improvements and Fees. A development agreement may include requirements for construction and maintenance of onsite and offsite improvements or payment of fees in lieu of such dedications or improvements.

2.

Conditions. A development agreement may also include conditions, terms, restrictions, and requirements for subsequent discretionary actions but does not eliminate the applicant's responsibility to obtain all required land use approvals.

3.

Phasing. A development agreement may provide that the project be constructed in specified phases, that construction shall commence within a specified time, and that the project or any phase thereof be completed within a specified time.

4.

Financing. If the development agreement requires applicant financing of necessary public facilities, it may include terms relating to subsequent reimbursement over time for such financing.

5.

Indemnity. A development agreement may contain an indemnity clause requiring the applicant to indemnify and hold the city harmless against claims arising out of or in any way related to the actions of applicant in connection with the application or the development process, including all legal fees and costs.

6.

Performance Obligation Fees. A development agreement may include provisions to guarantee performance of obligations stated in the agreement.

7.

Other Items. Other components and provisions as negotiated by city.

(Ord. No. 662, § 2, 12-13-23)

A proposed development agreement shall be signed by the applicant before it is placed before the planning commission and the city council for consideration at a public hearing. Public notice of hearings by the planning commission and city council for a development agreement shall be given as specified in Section 17.36.060, Public Notice. Notice of the hearing shall also be mailed or delivered at least ten days before the hearing to any other local agency expected to provide essential facilities or services to the property that is the subject of the development agreement.

(Ord. No. 662, § 2, 12-13-23)

17.45.070 - Planning commission action.

A.

Hearing. The planning commission shall conduct a public hearing for the purpose of making recommendations to the city council in conformance with the provisions of Section 17.36.070, Conduct of Public Hearings.

B.

Recommendation to Council. Following the public hearing, the planning commission shall make a written recommendation on the proposed development agreement. The community development director shall transmit the planning commission's written recommendation and record of the application to the city council.

C.

Denial. If the planning commission has recommended against the development agreement, the development agreement is not forwarded to the city council unless an appeal is filed in accordance with Section 17.36.130, Appeals or the city council call for review.

(Ord. No. 662, § 2, 12-13-23)

A.

Hearing. After receiving the report from the planning commission but no later than the time specified by Section 65943 of the Government Code, the city council shall hold a public hearing in conformance with the provisions of Chapter 17.36, Common Procedures.

B.

Decision. After the conclusion of the hearing, the city council shall approve, revise, or disapprove the development agreement. Approval of a development agreement shall be by ordinance. Matters not previously considered by the planning commission during its hearing may, but need not, be referred back to the planning commission for report and recommendation. The planning commission is not required to hold a public hearing. Failure of the planning commission to provide a report to the city council within forty-five days after the referral, shall be deemed a recommendation for approval.

(Ord. No. 662, § 2, 12-13-23)

The city council shall find that the project is deemed essential or desirable to the public convenience or welfare and is consistent with the general plan, local coastal plan, and any applicable specific plan in order to approve or conditionally approve a development agreement.

(Ord. No. 662, § 2, 12-13-23)

Within ten days of city council approval of the development agreement, the director shall execute the development agreement on behalf of the city, and the city clerk shall record the development agreement with the county recorder.

(Ord. No. 662, § 2, 12-13-23)

The applicant shall be required to demonstrate compliance with the provisions of the development agreement at least once a year at which time the director shall review each approved development agreement.

A.

Finding of Compliance. If the director, on the basis of substantial evidence, finds compliance by the applicant with the provisions of the development agreement, the director shall issue a finding of compliance, which shall be in recordable form and may be recorded with the county recorder after conclusion of the review.

B.

Finding of Noncompliance. If the director finds the applicant has not complied with the provisions of the development agreement, the director may issue a finding of noncompliance which may be recorded by the city with the county recorder after it becomes final. The director shall specify in writing to the applicant the respects in which applicant has failed to comply, and shall set forth terms of compliance and specify a reasonable time for the applicant to meet the terms of compliance. If applicant does not comply with any terms of compliance within the prescribed time limits, the development agreement shall be subject to termination or revision pursuant to this chapter.

C.

Appeal of Determination. Within seven days after issuance of a finding of compliance or a finding of noncompliance, any interested person may file a written appeal of the finding with the city council. The appellant shall pay fees and charges for the filing and processing of the appeal in amounts established by resolution of the city council. The appellant shall specify the reasons for the appeal. The issuance of a finding of compliance or finding of noncompliance by the director and the expiration of the appeal period without appeal, or the confirmation by the city council of the issuance of the finding on such appeal, shall conclude the review for the applicable period and such determination shall be final.

(Ord. No. 662, § 2, 12-13-23)

A.

After Finding of Noncompliance. If a finding of noncompliance does not include terms of compliance, or if applicant does not comply with the terms of compliance within the prescribed time limits, the director may refer the development agreement to the city council for termination or revision. The city council shall conduct a public hearing. After the public hearing, the city council may terminate the development agreement, revise the finding of noncompliance, or rescind the finding of noncompliance, and issue a finding of compliance.

B.

Mutual Agreement. Any development may be canceled or amended by mutual consent of the parties following compliance with the procedures specified in this section. A development agreement may also

specify procedures for administrative approval of minor amendments by mutual consent of the applicant and director.

C.

Recordation. If the parties to the agreement or their successors in interest amend or cancel the development agreement, or if the city terminates or revises the development agreement for failure of the applicant to fully comply with the provisions of the development agreement, the city clerk shall record notice of such action with the county recorder.

D.

Rights of the Parties After Cancellation or Termination. In the event that a development agreement is cancelled or terminated, all rights of the applicant, property owner or successors in interest under the development agreement shall terminated. If a development agreement is terminated following a finding of noncompliance, the city may, in its sole discretion, determine to return any and all benefits, including reservations or dedications of land, and payments of fees, received by the city.

(Ord. No. 662, § 2, 12-13-23)

17.45.130 - Effect of approved agreement.

A.

Existing Rules and Regulations. Unless otherwise specified in the development agreement, the city's rules, regulations and official policies governing permitted uses of the property, density and design, and improvement standards and specifications applicable to development of the property shall be those city rules, regulations and official policies in force on the effective date of the development agreement.

B.

Future Rules and Regulations. A development agreement shall not prevent the city, in subsequent actions applicable to the property, from applying new rules, regulations and policies that do not conflict with those rules, regulations and policies applicable to the property as set forth in the development agreement. A development agreement shall not prevent the city from denying or conditionally approving any subsequent land use permit or authorization for the project on the basis of such existing or new rules, regulations, and policies.

C.

State and Federal Rules and Regulations. In the event that state or federal laws or regulations, enacted after a development agreement has been entered into, prevent or preclude compliance with one or more provisions of the development agreement, such provisions of the agreement shall be revised or suspended as may be necessary to comply with such state or federal laws or regulations.

(Ord. No. 662, § 2, 12-13-23)

The procedures for enforcement, amendment, revision, cancellation or termination of a development agreement specified in this chapter and in Government Code Section 65865.4 or any successor statute, are nonexclusive. A development agreement may be enforced, amended, revised, cancelled or terminated by any manner otherwise provided by law or by the provisions of the development agreement.

(Ord. No. 662, § 2, 12-13-23)

Chapter 17.46 - AMENDMENTS TO THE GENERAL PLAN, ZONING CODE, AND ZONING MAP

Sections:

This chapter establishes a process for consideration and review of general plan and zoning amendments. More specifically, the purpose of this chapter is to:

A.

Establish procedures for making changes to the general plan to address changes in applicable law and problems and opportunities that were unanticipated at the time of general plan adoption or the last amendment.

B.

Establish procedures for making changes to the text of this title or to the zoning map whenever the public necessity, convenience, general welfare, or good zoning practice justify such amendment, consistent with the general plan.

(Ord. No. 662, § 2, 12-13-23)

17.46.020 - Applicability.

The procedures in this chapter shall apply to:

A.

All proposals to change the text of the general plan and the maps that illustrate the application of its provisions, and

B.

All proposals to change the text of this title, a zoning district classification, or a zoning district boundary line shown on the zoning map.

(Ord. No. 662, § 2, 12-13-23)

An amendment to the general plan, zoning code, or zoning map may be initiated by any qualified applicant identified in Section 17.36.020, Application Forms and Fees, or a motion of the city council.

(Ord. No. 662, § 2, 12-13-23)

Applications for a general plan or zoning amendment shall be filed with the director in accordance with the provisions set forth in Section 17.36.020, Application Forms and Fees. In addition to any other application requirements, the application for a general plan or zoning amendment shall include such additional information and supporting data as considered necessary to process the application.

(Ord. No. 662, § 2, 12-13-23)

Except as otherwise provided by applicable law, no mandatory element of the general plan can be amended more frequently than four times during any calendar year. Subject to that limitation, an amendment may be made at any time, as determined by the city council. Each amendment may include more than one change to the general plan.

(Ord. No. 662, § 2, 12-13-23)

A.

Staff Report. The director shall prepare a report and recommendation to the planning commission on any application for an amendment. The report shall include, but is not limited to, a discussion of how the proposed amendment complies with the purposes of this chapter, a determination as to whether the proposed amendment is consistent with other plans that the city council has adopted, and an environmental document prepared in compliance with the California Environmental Quality Act.

B.

Public Hearing Required. All amendments shall be referred to the planning commission, which shall hold at least one public hearing on any proposed amendment.

C.

Public Notice. At least ten days before the date of the public hearing, the planning division shall provide notice consistent with Section 17.36.060, Public Notice. Notice of the hearing also shall be mailed or delivered at least ten days prior to the hearing to the San Luis Coastal Unified School District and any other local agency expected to provide essential facilities or services to the property that is the subject of the proposed amendment.

(Ord. No. 662, § 2, 12-13-23)

17.46.070 - Planning commission hearing and recommendation.

A.

Planning Commission Hearing. The planning commission shall conduct a public hearing in conformance with Section 17.36.070, Conduct of Public Hearings.

B.

Recommendation to Council. Following the public hearing, the planning commission shall make a recommendation on the proposed amendment to the city council. Such recommendation shall include the reasons for the recommendation, findings related to supporting the recommendation, and the relationship of the proposed amendment to applicable plans, and shall be transmitted to the city council in the form of a council staff report, prepared by planning staff, with a copy of the approved minutes from the planning commission meeting.

(Ord. No. 662, § 2, 12-13-23)

17.46.080 - City council hearing and action.

A.

City Council Hearing. After receiving the report from the planning commission, the city council shall hold at least one duly-noticed public hearing. The notice shall include a summary of the planning commission recommendation. If the planning commission has recommended against the adoption of such amendment, the city council is not required to take any further action unless an interested party files a written request for a hearing with the city clerk within ten days after the planning commission action.

B.

City Council Action. After the conclusion of the hearing, the city council may approve, revise, or deny the proposed amendment. If the council proposes any substantial revision not previously considered by the planning commission during its hearings, the revision shall first be referred back to the planning commission for report and recommendation, but the planning commission shall not be required to hold a public hearing. The failure of the planning commission to report within forty-five days after the referral, shall be deemed a recommendation to approve and the amendment shall be returned to council for adoption.

ssion during its hearings, the revision shall first be referred back to the planning commission for report and recommendation, but the planning commission shall not be required to hold a public hearing. The failure of the planning commission to report within forty-five days after the referral, shall be deemed a recommendation to approve and the amendment shall be returned to council for adoption.

(Ord. No. 662, § 2, 12-13-23)

17.46.090 - General plan consistency required for zoning amendments.

The planning commission shall not recommend and the city council shall not approve a zoning amendment unless the proposed amendment is found to be consistent with the general plan.

(Ord. No. 662, § 2, 12-13-23)

Chapter 17.47 - ZONING UPON ANNEXATION

Sections:

The purpose of this chapter is to establish a procedure for zoning property upon annexation.

(Ord. No. 662, § 2, 12-13-23)

Unincorporated territory adjoining the city may be pre-zoned for the purpose of determining the zoning that will apply to such property upon annexation.

(Ord. No. 662, § 2, 12-13-23)

Zoning of property to be annexed shall be established through initiation and processing according to the procedures established under Chapter 17.46, Amendments to the General Plan, Zoning Code, and Zoning Map and, if applicable, an amendments to the local coastal program.

(Ord. No. 662, § 2, 12-13-23)

The zoning of the property to be annexed shall become effective at the time that annexation to the city becomes effective pursuant to Government Code Section 56000 et seq. If the subject area has not been annexed to the city within five years of the date of zoning approval, the zoning approval is subject to reconsideration.

(Ord. No. 662, § 2, 12-13-23)

Chapter 17.48 - ENFORCEMENT

Sections:

This chapter establishes the responsibilities of various departments, officials, and public employees of the city to enforce the requirements of this title and establishes uniform procedures the city will use to identify, abate, remove, and enjoin uses, buildings, or structures that are deemed to be in violation of this title.

(Ord. No. 662, § 2, 12-13-23)

All departments, officials and public employees of the city vested with the duty or authority to issue permits or licenses, shall conform to the provisions of this title and shall issue no permit or license for uses, buildings or purposes in conflict with the provisions of this title; and any such permit or license issued in conflict with the provisions of this title shall be null and void.

A.

It shall be the duty of the director to enforce each and all provision of this title. The chief of police shall render such assistance in the enforcement of this title as may from time to time be required.

(Ord. No. 662, § 2, 12-13-23)

Public nuisances are as designated in Section 8.14.020, Definitions, of the Morro Bay Municipal Code. Any building, structure, or planting set up, erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this title, any use of any land, building, or premises established, conducted, operated, or maintained contrary to the provisions of this title, and failure to comply with any of the conditions of a permit granted under this title is declared to be unlawful and a public nuisance.

(Ord. No. 662, § 2, 12-13-23)

The director or designee shall have the same right of entry as that set out in Section 8.14.060, Right of Entry, of the Morro Bay Municipal Code.

(Ord. No. 662, § 2, 12-13-23)

Following identification of a violation of this title or of a public nuisance, the director shall issue a notice of violation to the property owner and occupant of the subject property. The notice shall specify the exact violation or nuisance that has been identified, a date by which the nuisance must be corrected, provisions regarding re-inspection and any fees that may apply, and the name and contact information of the director or designee. Prior to initiation of nuisance abatement, the property owner shall have the opportunity to cure the violation within the specified time period. The director may authorize additional re-inspections if there is substantial progress in curing the violation, and all re-inspection fees are paid as required by the adopted city fee schedule.

(Ord. No. 662, § 2, 12-13-23)

A.

Misdemeanor/Infraction. Any person who violates any provisions of this title shall be deemed guilty of a misdemeanor/infraction and upon conviction thereof, shall be punishable as provided in Title 1, General Provisions, the Morro Bay Municipal Code.

B.

Penalty Limits. The imposition of one penalty shall not exclude the violation or permit such violations to continue.

C.

Time Requirements. Any person who violates any provision of this title shall be required to correct or remedy such violations within a reasonable period of time.

D.

Additional Offenses. When not otherwise specified, the existence of a zoning violation for each and every day after service of reasonable written notice shall be deemed a separate and distinct offense.

(Ord. No. 662, § 2, 12-13-23)

The remedies provided for herein shall be cumulative and not exclusive. Upon a finding of nuisance pursuant to this chapter, and after giving the property owner an opportunity to cure the nuisance and determining that the nuisance still exists, the planning commission or city council may impose any remedy available at law or in equity, which shall include, but is not limited to, any of the following or combination thereof:

A.

Ordering the cessation of the use in whole or in part;

B.

Imposing reasonable conditions upon any continued operation of the use, including those uses that constitute existing non-conforming uses;

C.

Requiring continued compliance with any conditions so imposed;

D.

Requiring the user to guarantee that such conditions shall in all respects be complied with; or

E.

Imposing additional conditions or ordering the cessation of the use in whole or in part upon a failure of the user to comply with any conditions so imposed.

(Ord. No. 662, § 2, 12-13-23)

Any permit granted under this title may be revoked or revised for cause if any of the conditions or terms of the permit are violated or if any law or ordinance is violated.

A.

Initiation of Proceeding. Revocation proceedings may be initiated by the city council, planning commission, or director.

B.

Public Notice, Hearing, and Action. After conducting a duly-noticed public hearing, the planning commission shall act on the proposed revocation.

C.

Required Findings. The planning commission may revoke or revise the permit if it makes any of the following findings:

1.

The approval was obtained by means of fraud or misrepresentation of a material fact;

2.

The use, building, or structure has been substantially expanded beyond what is set forth in the permit or substantially changed in character;

3.

The non-residential use in question has ceased to exist or has been suspended for twelve months or more. No lawful residential use can lapse regardless of length of time of vacancy;

4.

There is or has been a violation of or failure to observe the terms or conditions of the permit or variance, or the use has been conducted in violation of the provisions of this title, or any applicable law or regulation; or

5.

The use to which the permit or variance applies has been conducted in a manner detrimental to the public safety, health and welfare, or so as to be a nuisance.

D.

Notice of Action. Within seven days of a planning commission action to revoke or revise a permit, the director shall issue a notice of action describing the commission's action, with its findings. The director shall mail notice to the permit holder and to any person who requested the revocation proceeding.

E.

Appeal. A decision on a revocation of a permit may be appealed pursuant to Section 17.36.130, Appeals.

(Ord. No. 662, § 2, 12-13-23)

17.48.090 - Recording a notice of violation.

A.

If compliance is not had with an order of the director to correct violations of this title within the time specified therein, the director may file a certified statement with the county recorder describing the property and certifying that:

The property and/or structure is in violation of this title; and

2.

The owner has been so notified. The notice shall specifically describe the violations and a proof of service shall also be recorded with the notice and order.

B.

Whenever the corrections ordered have been completed, the director shall file a new certified statement with the county recorder certifying that all required corrections have been made so that the property and/or structure is no longer in violation of this title.

(Ord. No. 662, § 2, 12-13-23)

17.48.100 - Order to appear in court.

The director may cause a notice to appear in court to an owner or occupant for a violation pursuant to Section 8.14.080, Citations, of the Morro Bay Municipal Code.

(Ord. No. 662, § 2, 12-13-23)

17.48.110 - Nuisance abatement.

The city may abate nuisances pursuant to the procedures of Section 8.14.090, Nuisance Abatement, of the Morro Bay Municipal Code.

(Ord. No. 662, § 2, 12-13-23)

The city attorney may apply to such court or courts as may have jurisdiction to grant such relief as will abate or correct any violation of this title, or restrain and enjoin any person from continuing a violation of this title.

(Ord. No. 662, § 2, 12-13-23)

Division V. - TERMS AND DEFINITIONS Chapter 17.53 - USE CLASSIFICATIONS (IP)

Sections:

Residential Housing Types.

Single-Unit Dwelling, Detached. A dwelling unit that is designed for occupancy by one household with private yards on all sides. This classification includes individual manufactured housing units.

Single-Unit Dwelling, Attached. A dwelling unit that is designed for occupancy by one household located on a separate lot from any other unit (except an accessory dwelling unit, where permitted), and is attached through common walls to one or more dwellings on abutting lots. An attached single-unit dwelling is sometimes called a "townhouse."

Two-Unit Dwelling. A residential building containing two dwelling units, both of which are located on a single parcel (also referred to as a "duplex"). The dwelling units are attached and may be located on separate floors or side-by-side.

Multi-Unit Residential. Three or more attached or detached dwelling units on a single lot. Types of multi-unit residential include condominiums, multiple detached residential units, and apartment buildings.

Accessory Dwelling Unit. An attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.

Junior Accessory Dwelling Unit. A unit that is no more than five hundred square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

Caretaker Unit. A dwelling unit on the site of a commercial, industrial, public or semi-public use, occupied by employees and their immediate families employed for the purpose of on-site management, maintenance, or upkeep. Business guests/employees on temporary assignment are allowed to reside in the unit.

Employee Housing. Has the same meaning as "employee housing" as set forth in Health and Safety Code § 17008 for farmworkers.

Family Day Care. A home which regularly provides care, protection and supervision of twelve or fewer children (or otherwise provided by the state, in the provider's own home, for periods of less than twentyfour hours per day, while the parents or guardians are away and include the following:

Small. A facility that provides care for eight or fewer children, including children who reside at the home and are under the age of ten.

Large. A facility that provides care for nine to fourteen children, including children who reside at the home and are under the age of ten.

Group Residential. Shared living quarters without separate kitchen or bathroom facilities for each room or unit, offered for rent for permanent or semi-transient residents on a weekly or longer basis. This classification includes rooming and boarding houses, dormitories, and other types of organizational housing.

Mobilehome Park. A development designed and occupied by mobile homes including development with facilities and amenities used in common by occupants who rent, lease, or own spaces for mobile homes through a subdivision, cooperative, condominium or other form of resident ownership.

Residential Care Facilities. A facility licensed by the state of California to provide living accommodations, twenty-four-hour care for persons requiring personal services, supervision, protection, or assistance with daily tasks. Amenities may include shared living quarters, with or without a private bathroom or kitchen facilities. This use classification includes those both for and not-for-profit institutions, but excludes supportive housing and transitional housing.

Small. A facility that is licensed by the state of California to provide care for six or fewer persons.

Large. A facility that is licensed by the state of California to provide care for more than six persons.

Residential Facility, Assisted Living. A facility that provides a combination of housing and supportive services for the elderly or functionally impaired, including personalized assistance, congregate dining, recreational, and social activities. These facilities may include medical services. Examples include assisted living facilities, retirement homes, and retirement communities. These facilities typically consist of individual units or apartments, with or without kitchen facility, and common areas and facilities. The residents in these facilities require varying levels of assistance.

Single Room Occupancy. A residential facility where living accommodations are individual secure rooms, with or without separate kitchen or bathroom facilities for each room, and rented to one or two-person households for a weekly or monthly period of time. This use classification includes extended stay hotels intended for long-term occupancy (more than thirty days) but excludes hotels and motels, and residential care facilities.

Supportive Housing. Dwelling units with no limit on length of stay, that are occupied by the target population as defined in subdivision (d) of Section 53260 of the California Health and Safety Code, and that are linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, where possible, work in the community.

Transitional Housing. Buildings configured as rental housing developments, but operated under program requirements that mandate the termination of assistance and recirculation of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance.

(Ord. No. 662, § 2, 12-13-23)

17.53.020 - Public/semi public uses.

Campgrounds and Recreational Vehicle Parks. Any area of land where two or more recreational vehicles or camping spaces are rented, or held out for rent, for overnight stay in tents, tarpaulins, or other camping facilities or in recreational vehicles for thirty days or less.

Cemetery. Establishments primarily engaged in operating sites or structures reserved for the interment of human or animal remains, including mausoleums, burial places, and memorial gardens.

Colleges and Trade Schools. Institutions of higher education providing curricula of a general, religious, or professional nature, granting degrees and including junior colleges, business and computer schools,

management training, technical and trade schools, however excluding personal instructional services such as music lessons.

Community Assembly. A facility for public or private meetings, including community centers, banquet rooms/centers, civic and private auditoriums, union halls, meeting halls, religious institutions, and other membership organizations. Included in this classification is the use of functionally related facilities for the use of members and attendees such as kitchens, multi-purpose rooms, classrooms and storage.

Cultural Institutions. An institution and/or associated facility engaged in activities to promote aesthetic and educational interest among the community that are open to the public on a regular basis. This classification includes performing arts centers for performances and events; spaces for display or preservation of objects of interest in the arts or sciences; libraries; museums; historical sites; aquariums; art galleries; and zoos and botanical gardens, all of which are public or private. This does not include schools or institutions of higher education providing curricula of a general nature.

Day Care Centers. Establishments providing non-medical care for persons on a less than twenty-four-hour basis other than family day care. No person or patients are permitted to remain overnight. This category includes nursery schools, preschools, and day care facilities for children or adults, and any other day care facility licensed by the State of California.

Emergency Shelter. Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. Medical assistance, counseling, and meals may be provided. No individual or household may be denied emergency shelter because of an inability to pay.

Government Offices. Administrative, clerical, or public contact offices of a government agency, including postal facilities and courts, along with the storage and maintenance of vehicles. This classification excludes corporation yards, equipment service centers, and similar facilities that require maintenance and repair services and storage facilities for related vehicles and equipment (see public works and utilities).

Harbor, Port, and Marina Facilities. Facilities that provide a range of services related to the use of boats and other watercraft and commercial and recreational fishing. Services may include, but are not limited to, boating moorings; boat haul out; sales, storage, construction, repair, and maintenance of boats, boat parts, and other marine-related items; marine fueling stations and washing facilities; seafood processing, boat and watercraft charter operations; offices; bait and tackle shops; and hardware sales.

watercraft and commercial and recreational fishing. Services may include, but are not limited to, boating moorings; boat haul out; sales, storage, construction, repair, and maintenance of boats, boat parts, and other marine-related items; marine fueling stations and washing facilities; seafood processing, boat and watercraft charter operations; offices; bait and tackle shops; and hardware sales.

Hospital and Clinics. State-licensed facilities providing medical, surgical, psychiatric, or emergency medical services to sick or injured persons. This classification includes facilities for inpatient or outpatient treatment, including substance-abuse programs, as well as training, research, and administrative services for patients and employees. This classification excludes veterinaries and animal hospitals (see animal care, sales, and services).

Hospitals. A facility providing medical, psychiatric, or surgical services for sick or injured persons, primarily on an inpatient basis, and including supplementary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees, or visitors. The institutions are to be licensed by the state of California to provide surgical and medical services.

Clinic. A facility providing medical, psychiatric, or surgical service for sick or injured persons exclusively on an out-patient basis including emergency treatment, diagnostic services, administration, and related services to patients who are not lodged overnight. Services may be available without a prior appointment. This classification includes licensed facilities offering substance abuse treatment, blood banks and plasma centers, and emergency medical services offered exclusively on an out-patient basis. This classification does not include private medical and dental offices that typically require appointments and are usually smaller scale.

Skilled Nursing Facility. A state-licensed facility or a distinct part of a hospital that provides continuous skilled nursing care and supportive care to patients whose primary need requires the availability of skilled nursing care on an extended basis. The facility provides twenty-four-hour inpatient care and, as a minimum, includes physician, nursing, dietary, pharmaceutical services and an activity program. Intermediate care programs that provide skilled nursing and supportive care for patients on a less-than-continuous basis are classified as skilled nursing facilities.

Instructional Services. Establishments that offer specialized programs in personal growth and development such as music, martial arts, vocal, fitness and dancing instruction. This use classification also includes tutoring facilities offering academic instruction to individuals or groups.

Park and Recreation Facilities. Parks, playgrounds, recreation facilities, trails, wildlife preserves, and related open spaces, all of which are noncommercial. This classification includes playing fields, courts, gymnasiums, swimming pools, picnic facilities, tennis courts, golf courses, and botanical gardens, as well as related food concessions or community centers within the facilities.

Parking Lots and Structures. Surface lots and structures offering parking when such use is not incidental to another on-site activity.

Public Safety Facilities. Facilities providing public-safety and emergency services, including police and fire protection and emergency medical services, with incidental storage, training and maintenance facilities.

Religious Institutions. Religious institutions include any church, synagogue, mosque, temple, or building which is used primarily for religious worship, religious education and related religious activities.

Schools. Facilities for primary or secondary education, including public schools, charter schools, and private and parochial schools having curricula comparable to that required in the public schools of the State of California.

Social Service Facilities. Facilities providing a variety of supportive services for disabled and homeless individuals and other targeted groups on a less than twenty-four-hour basis. Examples of services provided are counseling, meal programs, personal storage lockers, showers, instructional programs, television rooms, and meeting spaces. This classification is distinguished from licensed day care centers (see day care facility), clinics, and emergency shelters providing twenty-four-hour care (see emergency shelter).

(Ord. No. 662, § 2, 12-13-23)

17.53.030 - Commercial uses.

Adult Entertainment Businesses. As defined in Section 17.30.050 C, Definitions.

Animal Care, Sales, and Services. Retail sales and services related to the boarding, grooming, and care of household pets including:

Animal Daycare. Facilities providing non-medical care on a less than twenty-four-hour basis for four or more dogs, cats, or other household pets not owned by the business owner or operator.

Animal Shelter and Boarding. Commercial, non-profit, or governmental facility for keeping, boarding, training, breeding or maintaining, generally overnight or in excess of twenty-four hours, four or more dogs, cats, or other household pets not owned by the business owner or operator. Typical accessory uses include veterinary and grooming services for boarded animals, but exclude pet stores, grooming, and veterinary services for non-boarded animals.

Grooming and Pet Stores. Retail sales of animals and/or services, including grooming, for animals on a commercial basis. Typical uses include dog bathing and clipping salons, pet grooming shops, and pet stores and shops. This use classification excludes dog walking and similar pet care services not carried out at a fixed location, and excludes pet supply stores that do not sell animals or provide on-site animal services.

Retail sales of animals and/or services, including grooming, for animals on a commercial basis. Typical uses include dog bathing and clipping salons, pet grooming shops, and pet stores and shops. This use classification excludes dog walking and similar pet care services not carried out at a fixed location, and excludes pet supply stores that do not sell animals or provide on-site animal services.

Veterinary Services. Veterinary services for small animals. This use classification allows twenty-four-hour accommodation of animals receiving medical services but does not include kennels.

Agriculture. The raising of tree, vine, field, forage, and other plant crops, intended to provide food or fibers, as well as keeping, grazing, or feeding of animals for animal products, animal increase, or value increase and the harvesting, sorting, cleaning, packing and shipping of agricultural products produced on the premises preparatory to sale or shipment in their natural form including all activities or uses customarily incidental thereto, but not including retail sales, the commercial packing or processing of products not grown on the premises or any other use which is similarly objectionable because of odor, smoke, dust, fumes, vibration or danger to life or property. This classification does not include the following uses: hog raising, slaughter house, fertilizer works, commercial dairying, pasturage agriculture, commercial animal and poultry husbandry, or operations for the reduction of animal matter.

Artist Studio. Work space for an artist or artisan including individuals practicing one of the fine arts or performing arts, or skilled in an applied art or craft. This use may include incidental retail sales of items produced on the premises and does not include uses that are generally industrial in nature (See custom manufacturing).

Automobile/Vehicle Sales and Services. Retail or wholesale businesses that sell, rent, and/or repair automobiles, boats, personal watercraft, recreational vehicles, trucks, vans, trailers, scooters, and motorcycles including the following:

Automobile/Vehicle Rentals. Establishment providing for the rental of automobiles or vehicles.

Automobile/Vehicle Sales and Leasing. Sale or lease, retail or wholesale, of automobiles, light trucks, boats, personal watercraft, motorcycles, scooters, and recreational vehicles, together with associated repair services and parts sales, but excluding body repair and painting. Typical uses include automobile dealers and recreational vehicle sales agencies.

Automobile/Vehicle Repair, Major. Repair of automobiles, trucks, boats, personal watercraft, motorcycles, scooters, and recreational vehicles, generally on an overnight basis that may include disassembly, removal or replacement of major components such as engines, drive trains, transmissions or axles; automotive body and fender work, vehicle painting or other operations that generate excessive noise, objectionable odors or hazardous materials, and towing services. This classification excludes vehicle dismantling or salvaging and tire retreading or recapping.

ght basis that may include disassembly, removal or replacement of major components such as engines, drive trains, transmissions or axles; automotive body and fender work, vehicle painting or other operations that generate excessive noise, objectionable odors or hazardous materials, and towing services. This classification excludes vehicle dismantling or salvaging and tire retreading or recapping.

Automobile/Vehicle Service and Repair, Minor. The service and repair of automobiles, light trucks, boats, personal watercraft, motorcycles, scooters, and recreational vehicles, including the incidental sale, installation, and servicing of related equipment and parts. This classification includes the replacement of small automotive parts and liquids as an accessory use to a gasoline sales station or automotive accessories and supply store, and smog checks, tire sales and installation, auto radio/electronics installation, auto air conditioning/heater service, and quick-service oil, tune-up and brake and muffler shops where repairs are made or service provided in enclosed bays and no vehicles are stored overnight.

Large Vehicle and Equipment Sales, Service and Rental. Sales, servicing, rental, fueling, and washing of large trucks, trailers, tractors, and other equipment used for construction, moving, agricultural, or landscape gardening activities. Includes large vehicle operation training facilities.

Service Stations. Establishments primarily engaged in retailing automotive fuels or retailing these fuels in combination with activities, such as providing minor automobile/vehicle repair services; selling automotive oils, replacement parts, and accessories; and/or providing incidental food and retail services. This classification includes "mini-marts" and/or conveniences stores that sell products, merchandise, or services that are ancillary to the primary use related to the operation of motor vehicles where such sale is by means other than vending machines.

Towing and Impound. Establishments primarily engaged in towing light or heavy motor vehicles, both local and long distance. These establishments may provide incidental services, such as vehicle storage and emergency road repair services (for automobile dismantling, see salvage and wrecking).

Washing. Washing, waxing, or cleaning of automobiles or similar light vehicles.

Banks and Financial Institutions. Financial institutions providing retail banking services. This classification includes only those institutions serving walk-in customers or clients, including banks, savings and loan institutions, check-cashing services, and credit unions.

Business Services. Establishments providing goods and services to other businesses on a fee or contract basis, including printing and copying, blueprint services, advertising and mailing, equipment rental and leasing, office security, custodial services, photofinishing, model building, taxi or delivery services with two or fewer fleet vehicles on-site.

Commercial Entertainment and Recreation. Provision of participant or spectator entertainment to the general public. These classifications may include restaurants, snack bars, and other incidental food and beverage services to patrons.

Cinema/Theaters. Any facility for the indoor display of films, motion pictures, or dramatic, musical, or live performances.

Indoor Sports and Recreation. Establishments providing predominantly participant sports, indoor amusement and entertainment services conducted within an enclosed building, including electronic amusement centers and video and game arcades. Typical uses include bowling alleys, billiard parlors, card rooms, health clubs, ice and roller skating rinks, indoor racquetball courts, athletic clubs, and physical fitness centers.

Outdoor Entertainment. Predominantly spectator uses, conducted in open or partially enclosed or screened facilities. Typical uses include amusement and theme parks, sports stadiums and arenas, racetracks, amphitheaters, and drive-in theaters.

Outdoor Recreation. Predominantly participant sports conducted in open or partially enclosed or screened facilities. Typical uses include driving ranges, golf courses, miniature golf courses, tennis clubs, outdoor batting cages, swimming pools, archery ranges, and riding stables.

Drive-Through Facility. A motor vehicle drive-through facility which is a commercial building or structure or portion thereof which is designed or used to provide goods or services to the occupants of motor vehicles. It includes, but is not limited to, banks and other financial institutions, fast food establishments, and deposit/pick-up establishments, but does not include drive-in movies, service stations, or car-wash operations.

Eating and Drinking Establishments. Businesses primarily engaged in serving prepared food and/or beverages for consumption on or off the premises.

Bars/Night Clubs/Lounges. Businesses serving beverages for consumption on the premises as a primary use and including on-sale service of alcohol including beer, wine, and mixed drinks. This use classification includes micro-breweries where alcoholic beverages are sold and consumed on site and any food service is subordinate to the sale of alcoholic beverages.

Food and Beverage Tasting. Businesses serving samples of food or beverages; typically an ancillary use associated with a production facility such as wine or beer making, or retail sales.

Restaurant. Establishments where food and beverages may be consumed on the premises, taken out, or delivered. This use classification includes restaurants, cafes, cafeterias, coffee shops, delicatessens, fastfood restaurants, sandwich shops, limited-service pizza parlors, self-service restaurants, and snack bars with indoor or outdoor seating for customers. This use classification excludes catering services that do not sell food or beverages for on-site consumption.

Farmer's Markets. Temporary but recurring outdoor retail sales of food, plants, flowers, and products such as jellies, breads, and meats that are predominantly grown or produced by vendors who sell them.

Food Preparation. Businesses preparing and/or packaging food for off-site consumption, excluding those of an industrial character in terms of processes employed, waste produced, water used, and traffic generation. Typical uses include catering kitchens, retail bakeries, and small-scale specialty food production.

Funeral Parlors and Interment Services. An establishment primarily engaged in the provision of services involving the care, preparation, or disposition of human remains and conducting memorial services. Typical uses include a crematory, columbarium, mausoleum, or mortuary.

Hookah Lounge. Any business which primarily serves tobacco or non-tobacco products (e.g., fruit, vegetables) whereby patrons, who are eighteen years of age or older, share the tobacco or non-tobacco products from a hookah, water pipe, or similar device.

Lodging. An establishment providing overnight accommodations to transient patrons for payment periods of thirty consecutive calendar days or less.

Hotels and Motels. An establishment providing overnight lodging to transient patrons. These establishments may provide additional services, such as conference and meeting rooms, restaurants, bars, or recreation facilities available to guests or to the general public. This use classification includes motor lodges, motels, extended-stay hotels, and tourist courts.

Short-term Vacation Rental. A single-family dwelling, multi-family unit, bedroom of a primary residence, accessory dwelling unit, or junior accessory dwelling unit, which is rented to a guest for compensation for the purpose of lodging for a period of thirty or fewer consecutive days. "Short-term vacation rental" encompasses home-sharing and full-home rentals. "For compensation" includes, but is not limited to, rental of the property for any form of monetary or non-monetary consideration, including but not limited to money, goods, or services, as well as in-kind exchanges of goods, services, or premises.

Maintenance and Repair Services. Establishments engaged in the maintenance or repair of office machines, household appliances, furniture, and similar items. This use classification excludes maintenance and repair of motor vehicles (see automotive/vehicle sales and services) and personal apparel (see general personal services).

Nonpermanent Vendor. A moveable structure, stand, cart, truck, or trailer that is used to sell or prepare and serve food or other consumer products.

Nurseries and Garden Centers. Establishments primarily engaged in retailing nursery and garden products, such as trees, shrubs, plants, seeds, bulbs, and sod that are predominantly grown elsewhere. These establishments may sell a limited amount of a product they grow themselves. Fertilizer and soil products are stored and sold in package form only. This use classification includes wholesale and retail nurseries offering plants for sale.

nts primarily engaged in retailing nursery and garden products, such as trees, shrubs, plants, seeds, bulbs, and sod that are predominantly grown elsewhere. These establishments may sell a limited amount of a product they grow themselves. Fertilizer and soil products are stored and sold in package form only. This use classification includes wholesale and retail nurseries offering plants for sale.

Offices. Offices of firms, organizations, or public agencies providing professional, executive, management, administrative or design services, such as accounting, architectural, computer software design, engineering, graphic design, interior design, investment, insurance, and legal offices, excluding banks and savings and loan associations with retail banking services (see banks and financial institutions). This classification also includes offices where medical and dental services are provided by physicians, dentists, chiropractors, acupuncturists, optometrists, and similar medical professionals, including medical/dental laboratories within medical office buildings, but excludes clinics or independent research laboratory facilities (see research and development) and hospitals.

Business and Professional. Offices of firms, organizations, or agencies providing professional, executive, management, or administrative services, such as accounting, architectural, computer software design, engineering, graphic design, interior design, legal, and tax preparation offices.

Medical and Dental. Offices providing consultation, diagnosis, therapeutic, preventive, or corrective personal-treatment services by doctors and dentists; medical and dental laboratories that see patients; and similar practitioners of medical and healing arts for humans licensed for such practice by the State of California. Incidental medical and/or dental research within the office is considered part of the office use if it supports the on-site patient services.

Personal Services.

Fortune, Palm, and Card Reader. An establishment providing any type of fortune telling, palm or card reading, psychic services, future telling, spirit communication, and/or any other related type of trade, donation, or compensation, retail or otherwise.

General Personal Services. An establishment providing non-medical services to individuals as a primary use, of personal convenience, as opposed to products that are sold to individual consumers, or from/by companies. Personal services include barber and beauty shops, massage establishments, shoe and luggage repair, fortune tellers, photographers, laundry and cleaning services and pick-up stations, copying, repair and fitting of clothes, and similar services.

Tattoo or Body Modification Parlor. An establishment whose principal business activity is one or more of the following: 1) using ink or other substances that result in the permanent coloration of the skin through the use of needles or other instruments designed to contact or puncture the skin; or 2) creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration.

Retail Sales.

Building Materials Sales and Services. Retail sales or rental of building supplies or equipment. This classification includes lumber yards, tool and equipment sales or rental establishments, and includes establishments devoted principally to taxable retail sales to individuals for their own use. This definition does not include construction and material yards, hardware stores less than ten thousand square feet in floor area, or plant nurseries.

Food and Beverage Sales. Retail sales of food and beverages for off-site preparation and consumption. Typical uses include food markets, groceries, liquor stores, and retail bakeries.

General Retail. The retail sale or rental of merchandise not specifically listed under another use classification. This classification includes department stores, clothing stores, furniture stores, pet supply stores, small hardware stores (with ten thousand square feet or less of floor area), and businesses retailing the following goods: toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies and services (including portraiture and retail photo processing), medical supplies and equipment, pharmacies, electronic equipment, sporting goods, kitchen utensils, hardware, appliances, antiques, art galleries, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, video rental, and new automotive parts and accessories (excluding vehicle service and installation). Retail sales may be combined with other services such as office machine, computer, electronics, and similar small-item repairs.

(Ord. No. 662, § 2, 12-13-23)

17.53.040 - Industrial uses.

Construction and Material Yards. Storage of construction materials or equipment on a site other than a construction site.

Custom Manufacturing. Any establishment primarily engaged in on-site production of goods by small scale manufacturing or artistic endeavor, which involves the use of hand tools or small mechanical equipment and the incidental direct sale to consumers of only those goods produced on site. Typical uses include ceramic studios, candle-making shops, woodworking, and custom jewelry manufacturers.

Food and Beverage Manufacturing. Establishments engaged in the production, processing, packaging or manufacturing of food or beverage products for off-site consumption.

Limited/Small Scale. A small-scale food and beverage products manufacturing and distribution establishment located in facilities less than five thousand square feet per lot. The use may include wholesale or retail sales. It is characterized by local or regional products, specialty or artisanal foods, in facilities less than five thousand square feet. Examples include small coffee roasters, micro-breweries, micro-distilleries, wine manufacturing, and wholesale bakeries.

General/Large Scale. A large-scale food and beverage manufacturing located in a facility over five thousand square feet per lot.

Industrial. Establishments engaged in any of the following types of activities taking place within enclosed buildings: manufacturing finished parts or products primarily from previously prepared materials; providing industrial services; or conducting industrial or scientific research, including product testing.

Oil and Gas Explorations and Development Offshore. Any commercial or industrial facility, including but not limited to business or personnel office, oil or gas storage facilities, pipe, drilling materials, or equipment repair or storage facilities, or any other aid or support, which operates directly or indirectly in support of any offshore oil or gas exploration, development, drilling, pumping or production.

Recycling Facility. A facility for receiving, temporarily storing, transferring and/or processing materials for recycling, reuse, or final disposal. This use classification does not include waste transfer facilities that operate as materials recovery, recycling, and solid waste transfer operations and are classified as utilities.

Reverse Vending Machine. An automated mechanical device that accepts, sorts and processes recyclable materials and issues a cash refund or a redeemable credit slip.

Recycling Collection Facility. An incidental use that serves as a neighborhood drop off point for the temporary storage of recyclable or reusable materials but where the processing and sorting of such items is not conducted on-site.

Recycling Processing Facility. A facility that receives, sorts, stores and/or processes recyclable materials.

Research and Development. A facility for the scientific research and the design, development, and testing of electrical, electronic, magnetic, optical, pharmaceutical, chemical, and biotechnology components and products in advance of product manufacturing. This use classification includes assembly of related products from parts produced off site, where the manufacturing activity is secondary to the research and development activities.

Salvage and Wrecking. Storage and dismantling of vehicles and equipment for sale of parts, as well as their collection, storage, exchange or sale of goods including, but not limited to, any used building materials, used containers or steel drums, used tires, and similar or related articles or property.

Warehousing and Storage. Storage and distribution facilities without sales to the public on-site or direct public access except for public storage in small individual space exclusively and directly accessible to a specific tenant.

Indoor Warehousing and Storage. Storage within an enclosed building of commercial goods prior to their distribution to wholesale and retail outlets and the storage of industrial equipment, products and materials including but not limited to automobiles, feed, and lumber. Also includes cold storage, freight moving and storage, and warehouses. This classification excludes the storage of hazardous chemical, mineral, and explosive materials.

Outdoor Storage. Storage of commercial goods in open lots.

Self Storage. Facilities offering enclosed storage with individual access for personal effects and household goods including mini-warehouses and mini-storage. This use excludes workshops, hobby shops, manufacturing, or commercial activity.

Wholesaling and Distribution. Indoor storage and sale of goods to other firms for resale; storage of goods for transfer to retail outlets of the same firm; or storage and sale of materials and supplies used in production or operation, including janitorial and restaurant supplies. Wholesalers are primarily engaged in business-to-business sales, but may sell to individual consumers through mail or internet orders. They normally operate from a warehouse or office having little or no display of merchandise, and are not designed to solicit walk-in traffic. This classification does not include wholesale sale of building materials (see building materials sales and services).

(Ord. No. 662, § 2, 12-13-23)

17.53.050 - Transportation, communication, and utility uses.

Airports and Heliports. Facilities for the takeoff and landing of airplanes and helicopters, including runways, helipads, aircraft storage buildings, public terminal building and parking, air freight terminal, baggage handling facility, aircraft hangar and public transportation and related facilities, including bus operations, servicing and storage. Also includes support activities such as fueling and maintenance, storage, airport operations and air traffic control, incidental retail sales, coffee shops and snack shops and airport administrative facilities, including airport offices, terminals, operations buildings, communications equipment, buildings and structures, control towers, lights, and other equipment and structures required by the United States Government and/or the state for the safety of aircraft operations.

Docks, Piers and other Coastal-Related Infrastructure. Facilities necessary or convenient for the promotion and accommodation of commerce and navigation, such as wharfs, docks, piers, slips, quays, launches, moorings, fuel docks, hoists and observation decks.

Freight/Trucking Terminals. Facilities for freight, courier, and postal services. This classification does not include local messenger and local delivery services (see light fleet-based services).

Light Fleet-Based Services. Passenger transportation services, local delivery services, medical transport, and other businesses that rely on fleets of three or more vehicles with rated capacities less than ten thousand lbs. This classification includes parking, dispatching, and offices for taxicab and limousine operations, ambulance services, non-emergency medical transport, local messenger and document delivery services, home cleaning services, and similar businesses.

ery services, medical transport, and other businesses that rely on fleets of three or more vehicles with rated capacities less than ten thousand lbs. This classification includes parking, dispatching, and offices for taxicab and limousine operations, ambulance services, non-emergency medical transport, local messenger and document delivery services, home cleaning services, and similar businesses.

Public Works and Utilities. Generating plants, electric substations, solid waste collection, including transfer stations and materials recovery facilities, solid waste treatment and disposal, water or wastewater treatment plants, corporation yards, equipment service centers, and similar facilities that primarily provide maintenance and repair services, storage facilities for vehicles and equipment, their associated offices, and similar facilities of public agencies or public utilities.

Telecommunication Facilities. Broadcasting and other communication services accomplished through electronic or telephonic mechanisms, as well as structures and equipment cabinets designed to support one or more reception/transmission systems. Typical uses include wireless telecommunication towers and facilities, radio towers, television towers, telephone exchange/microwave relay towers, cellular telephone transmission/personal communications systems towers, and associated equipment cabinets and enclosures.

Transportation Passenger Terminals. Facilities for passenger transportation operations, including rail stations, bus terminals, and scenic and sightseeing facilities, but does not include terminals serving airports or heliports.

(Ord. No. 662, § 2, 12-13-23)

17.53.060 - Urban agriculture uses.

Community Garden. Use of land for and limited to the cultivation of herbs, fruits, flowers, or vegetables, including the cultivation and tillage of soil and the production, cultivation, growing, and harvesting of any agricultural, floricultural, or horticultural commodity, by several individuals or households.

Market Garden. The primary use of a site for cultivation of fruits, vegetables, flowers, fiber, nuts, seeds, or culinary herbs for sale or donation of its produce to the public.

Private Garden. A private food-producing garden that is accessory to the primary use of the site.

(Ord. No. 662, § 2, 12-13-23)

Chapter 17.54 - LIST OF TERMS AND DEFINITIONS

Sections:

17.54.010 - List of terms.

Only terms denoted with 'IP' are included in the local coastal program implementation plan.

Abutting or adjoining

Access

Accessory building Accessory structure Accessory use Acre, gross Acre, net Adjacent Affordable housing unit Agent Aggrieved person (IP) Alley Alteration Applicant Area, gross (IP) Architectural feature Attached building or structure Awning Balcony Basement (IP) Bedroom Block Buffer (IP) Building Building, accessory Building, main Building code Building face

Building footprint

Building frontage

Building height Building official Building site (IP) Bulk

California Environmental Quality Act (CEQA) Camper

Cantilever Canopy Carport Carsharing organization Carsharing program Carsharing service Carshare vehicle City City council City manager Change of use

Commercial vehicle Compatible Condition of approval Conditional use (IP) Conditionally permitted Construction Cottage food employee Cottage food operation

"Class A" cottage food operation

"Class B" cottage food operation

Cottage food operator Cottage food products County Deck

Demolition Density Detached building or structure Development Development agreement Director District Driveway Dwelling unit Easement Effective date Electrical code Emergency (IP) Energy facility Environmental impact report (EIR) Environmental review Equipment Erect Façade Family Feasible

Fence

Fill

Finance director

Firearms Floor area Floor area ratio (FAR) Foot-candle Footprint Freeway Frontage, street Garage General plan Glare Government Code Grade (IP) Existing or natural grade Finished grade Grading (IP) Ground floor (IP) Hazardous materials Heat Hedge Height (IP) Home occupation Household Household pets Housing costs

Illegal use

Improvement Incidental use Income levels Extremely low income household Very low income household Low income household Moderate income household Workforce housing Intensity of use Intersection, street Kitchen Land use Landscaping-related definitions Hydrozone Landscaping Mulch Pruning Runoff Shrub Tree Trim Light fixture Lot

Abutting lot Corner lot Flag lot

Interior lot

Key lot

Reversed corner lot Through lot Lot area (IP) Lot coverage (IP) Lot depth (IP) Lot frontage Lot line Lot line types Corner side lot line Front lot line Interior lot line Interior side lot line Rear lot line Side lot line Lot width (IP) Maintenance and repair Mansard Municipal Code Mobilehome Natural disaster Noise Nonconforming building (IP) Nonconforming lot (IP) Nonconforming structure (IP) Nonconforming use (IP)

On-Site

Opacity Outdoor storage Owner Parapet Parking area (IP) Passenger vehicle Permit Permitted use Person Planning commission Planning division Pre-existing Primary use Project Property line Public resources code Public works directory Public works project Qualified applicant Reasonable accommodation (IP) Recreational vehicle Review authority Right-of-Way Screening Senior citizen Setback

Sidewalk

Site

Site area

Soil

Solar reflectance index Specific plan State Story Street Street line Structural alterations Structure Structure, Accessory Structure, Main Structure, Temporary Swimming pool Tandem parking Telecommunication terms Antenna Co-Location Mast Satellite dish Support equipment Telecommunication facility Tower, lattice Tenant Trailer

Use

Use, accessory Use, incidental Use, permitted Use, primary Use classification Use permit Use type Utilities Variance (IP) Vehicle Vibration Visible Wall Yard (IP) Front yard Corner side yard Interior yard Interior side yard Rear yard Required yard Zoning district (Ord. No. 662, § 2, 12-13-23) 17.54.020 - Definitions.

Only definitions denoted with 'IP' are included in the local coastal program implementation plan.

A.

"A"

Abutting or Adjoining. Having a common boundary.

Access. The place or way through which pedestrians and/or vehicles must have safe, adequate, and usable ingress and egress to a property.

Accessory Building. See building, accessory.

Accessory Structure. See structure, accessory.

Accessory Use. See use, accessory.

Acre, Gross. A measure of total land area of a lot or site, including areas to be dedicated for public rightsof-way, streets, schools, or other dedications.

Acre, Net. A measure of land area of a lot or site remaining after dedication of all areas for public rights-ofway, streets, schools, or other dedications.

Adjacent. Directly abutting, having a boundary or property line(s) in common or bordering directly, or contiguous to.

Affordable Housing Unit. No more than thirty percent of the monthly household income for rent and utilities for individuals and families of moderate, low, very low, or extremely low incomes, as defined by state law.

Agent. A person who has been given written authorization by the property owner to represent and act for a property owner in contacts with the city.

Aggrieved Person. (IP) Any person who, in person or through a representative, appeared at a city public hearing in conjunction with a decision or action appealed or who, by other appropriate means prior to a hearing, informed the local government of the nature of his or her concerns or who, for good cause, was unable to do either.

Alley. A public way permanently reserved primarily for secondary vehicular service access to the rear or side of properties otherwise abutting on a street.

Alteration. Any change, addition or modification that changes the exterior architectural appearance or materials of a structure or object. Alteration includes changes in exterior surfaces, changes in materials, additions, remodels, demolitions, and relocation of buildings or structures, but excludes ordinary maintenance and repairs.

Applicant. The person, partnership, corporation, or state or local government agency applying for a permit, certificate, zoning approval, or other entitlement.

Area, Gross. (IP) The horizontal area within the boundaries of a lot or site including any area for future streets, parks, and other dedications.

Architectural Feature. An exterior building feature, including a roof, walls, windows, doors, porches, posts, pillars, recesses or projections, and exterior articulation or walls, and other building surfaces.

Attached Building or Structure. A building or structure having a common wall with another building or structure.

Awning. An architectural projection that provides weather protection, identity, or decoration, and is wholly supported by the building to which it is attached. An awning is typically constructed of non-rigid materials on a supporting framework which projects from and is supported by the exterior wall of a building.

B.

"B"

Balcony. A platform that projects from the wall of a building thirty inches or more above grade that is accessible from the building's interior, is not accessible from the ground, and is not enclosed by walls on more than three sides.

Basement. (IP) A non-habitable space beneath the first or ground floor of a building the ceiling of which does not extend more than four feet above finished grade.

Bedroom. Any habitable space in a dwelling unit other than a kitchen or living room that is intended for or capable of being used for sleeping, is at least seventy square feet in area, meets all requirements of the California Residential Code, and has a window or opening that can be used for emergency egress.

Block. Property bounded on all sides by a public right-of-way.

Buffer. (IP) An open area or barrier used to separate potentially incompatible activities and/or development features; for example, a required setback to separate an area of development from environmentally sensitive habitat, to reduce or eliminate the effects of the development on the habitat.

Building. Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods, or materials.

Building, Accessory. A detached subordinate building used only as incidental to the main building on the same site or lot.

Building, Main. A building in which the primary use of the parcel on which it is located is conducted.

Building Code. Any ordinance or regulations of the city governing the type and method of construction of buildings and structures, including sign structures and any amendments thereto and any substitute therefor including, but not limited to, the California Building Code, other state-adopted uniform codes and the minimum building security standards ordinance.

Building Face. The general outer surface of the structure or walls of a building. Where bay windows or pillars project beyond the walls, the outer surface of the windows or pillars is considered to be the face of the building.

Building Footprint. See "footprint."

Building Frontage. The lineal dimension, parallel to the ground, of a building abutting on a public street, or a parking lot accessory to that business, even though another business may also have entitlement to that parking lot.

Building Height. See "height."

Building Official. The building inspector or other officer or person charged with the administration and enforcement of city regulations pertaining to buildings and structures, or a duly authorized representative.

Building Site. (IP) A lot or parcel of land occupied or to be occupied by a main building and accessory buildings together with such open spaces as are required by the terms of this code and having its principal frontage on a street, road, highway, or waterway.

Bulk. The overall size and mutual relationship of buildings and other structures, as to size, height, coverage, shape, location of exterior walls in relation to lot lines, to the center of streets, to other walls of the same building, and to other buildings or structures; and to all open spaces relating to the building or structure.

C.

"C"

California Environmental Quality Act (CEQA). Public Resources Code §§ 21000, et seq. or any successor statute and regulations promulgated thereto (14 California Code of Regulations §§ 15000, et seq.) that require public agencies to document and consider the environmental effects of a proposed action before a decision.

Camper. As defined in the California Vehicle Code.

Cantilever. A structure or extension attached to the main portion of a structure without separate vertical supports.

Canopy. A roofed shelter projecting over a sidewalk, driveway, entry, window, or similar area that may be wholly supported by a building or may be wholly or partially supported by columns, poles, or braces extending from the ground.

Carport. An accessible and usable covered space enclosed on not more than two sides, designed, constructed, and maintained for the parking or storage of one or more motor vehicles.

Carsharing Organization. Organization that administers a carsharing service.

Carsharing Program. A carsharing service operated by a carsharing organization.

Carsharing Service. A membership based short-term car rental service available to all qualified drivers who choose to become members where members are offered access to a dispersed network of shared vehicles twenty-four hours a day, seven days a week at unattended self-service locations.

Carshare Vehicle. A vehicle that is owned, maintained, and administered by a carsharing organization and made available to members of a carsharing service twenty-four hours a day, seven days a week at unattended self service locations.

City. The city of Morro Bay.

City Council. The city council of the city of Morro Bay.

City Manager. As the term is defined in Chapter 2.12 of the Morro Bay Municipal Code, shall include his/her designee.

Change of Use. The replacement of an existing use on a site, or any portion of a site, by a new use, or a change in the type of an existing use; does not include a change of ownership, tenancy, or management associated with a use for which the previous type of use will remain substantially unchanged.

Commercial Vehicle. Defined in the California Vehicle Code. Pickup trucks and vans not exceeding one-ton rated capacity and which are used primarily for private noncommercial purposes are not considered commercial vehicles.

Compatible. That which is harmonious with and will not adversely affect surrounding buildings and/or uses.

Condition of Approval. A performance standard, required change in a project, environmental mitigation measure, or other requirement imposed by the decision-making body to alter or modify a project in any manner from the description in the application originally submitted for city approval.

Conditional Use. (IP) A use that is generally compatible with other uses permitted in a zoning district, but that requires individual review of its location, design, configuration, and intensity and density of use and structures, and may require the imposition of conditions pertinent thereto to ensure the appropriateness of the use at that particular location.

Conditionally Permitted. Permitted subject to approval of a use permit.

Construction. Construction, erection, enlargement, alteration, conversion, or movement of any building, structures, or land, together with any scientific surveys associated therewith.

Cottage Food Employee. An individual, paid or volunteer, involved in the preparation, packaging, handling, and storage of a cottage food product, or otherwise works for the cottage food operation. An employee does not include an immediate family member or household member of the cottage food operator.

Cottage Food Operation. An enterprise that takes place within the registered or permitted area of a private home where the cottage food operator lives, and where cottage food products are prepared or packaged for direct and/or indirect sale to consumers. A cottage food operation may be either of the following:

"Class A" Cottage Food Operation. A cottage food operation which engages only in direct sales of cottage food products from the cottage food operation or other direct sales venues, such as holiday bazaars, bake sales, farm stands, county-certified farmers' markets, or through community-supported agriculture subscriptions.

"Class B" Cottage Food Operation. A cottage food operation, which engages in both direct sales as described above, and indirect sales, including from offsite events or from a third-party retailer.

Cottage Food Operator. An individual who operates a cottage food operation in his or her residence and is the owner of the cottage food operation.

Cottage Food Products. Nonpotentially hazardous foods, including but not limited to foods that are described in Section 114365.5 of the California Public Health and Safety Code, and that are prepared for sale in the kitchen of a cottage food operation.

County. The County of San Luis Obispo.

D.

"D"

Deck. A platform, either freestanding or attached to a building that is supported by pillars or posts.

Demolition. The intentional destruction and removal of any structure, including a residential dwelling, including a mobilehome, as defined in Section 18008 of the Health and Safety Code, or a mobilehome lot in a mobilehome park, as defined in paragraph (1) of subdivision (b) of Section 50519 of the Health and Safety Code, which has not been declared to be a public nuisance under Division 13 (commencing with Section 17000) of the Health and Safety Code or any local ordinance enacted pursuant to those provisions.

Density. The number of dwelling units per acre of land.

Detached Building or Structure. A building or structure which does not have a common wall with another building or structure.

Development. On land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition or alteration of the size of any structure, including any facility of any private, public or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act of 1973 (commencing with Section 4511).

Development Agreement. An agreement between the city and any person having a legal or equitable interest in real property for the development of such property, and which complies with the applicable provisions of the Government Code for such development agreements.

Director. The community development director of the city of Morro Bay or his/her designee.

District. See "zoning district."

Driveway. An accessway that provides direct vehicular access for vehicles between a street and the parking or loading facilities located on an adjacent property.

Dwelling Unit. One or more rooms designed, occupied, or intended for occupancy as separate living quarters, with full cooking, sleeping, and bathroom facilities for the exclusive use of a single household.

E.

"E"

Easement. A portion of land created by grant or agreement for specific purpose; an easement is the right, privilege or interest which one party has in the land of another.

Effective Date. The date on which a permit or other approval becomes enforceable or otherwise takes effect, rather than the date it was signed or circulated.

Electrical Code. Any ordinance of the city regulating the alteration, repair, and the installation and use of electricity or electrical fixtures.

Emergency. (IP) A sudden unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services.

Energy Facility. Any public or private processing, producing, generating, storing, transmitting or recovering facility for electricity, natural gas, petroleum, coal or other source of energy.

Environmental Impact Report (EIR). An environmental impact report as required under the California Environmental Quality Act (CEQA).

Environmental Review. An evaluation process pursuant to CEQA to determine whether a proposed project may have a significant impact on the environment.

Equipment. Non-vehicular items such as, but not limited to, boats, campers, camper shells, tents and related camping supplies, tools, machinery, aircraft, barrels, drums, large cans or containers and parts related to these items.

Erect. To build, construct, attach, hang, place, suspend, or affix to or upon any surface. Such term also includes the painting of wall signs.

F.

"F"

Façade. The exterior wall of a building exposed to public view or that wall viewed by persons not within the building. The portion of any exterior elevation of a building extending vertically from the grade to the top of a parapet wall or eave, and horizontally across the entire width of the building elevation.

Family. One or more persons living together in a single dwelling unit, with common access to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food; who share living expenses, including rent or mortgage payments, food costs and utilities, and who maintain a single mortgage, lease, or rental agreement for all members of the household.

Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.

Fence. Horizontal and vertical structures that are intended to separate properties, retain soil materials, and provide security; or as defined by the building official. Fences may also be walls, hedges, and screen plantings.

Fill. Earth or any other substance or material, including pilings placed for the purposes of erecting structures thereon, placed in a submerged area.

Finance Director. As the term defined in Section 2.16.090 of the Morro Bay Municipal Code, shall include his/her designee.

Firearms. Any device designed to be used as a weapon or modified to be used as a weapon, from which a projectile is expelled through a barrel by the force of an explosion or other form of combustion.

Floor Area. The total horizontal area of all floors below the roof and within the outer surface of the walls of a building or other enclosed structures unless otherwise stipulated. See Section 17.02.030 F, Determining Floor Area.

Floor Area Ratio (FAR). The ratio of the total floor area of all buildings on a lot to the lot area or building site area. See also Section 17.02.030 G, Determining Floor Area Ratio.

Foot-candle. A quantitative unit of measure for luminance. One foot-candle is equal to the amount of light generated by one candle shining on one square foot surface located one foot away. It is equal to one lumen uniformly distributed over an area of one square foot.

Footprint. The horizontal area, as seen in plan view, of a building or structure, measured from the outside of exterior walls and supporting columns, and excluding eaves. See also Section 17.02.030 H, Determining Lot Coverage.

Freeway. A state or interstate highway.

Frontage, Street. That portion of a lot or parcel of land that borders a public street. Street frontage shall be measured along the common lot line separating said lot or parcel of land from the public street, highway, or parkway.

G.

"G"

Garage. An accessory structure or portion of a main structure, enclosed on three or more sides and containing accessible and usable enclosed space designed, constructed, and maintained for the parking and storage of one or more motor vehicles.

General Plan. The city of Morro Bay General Plan.

Glare. The effect produced by a light source within the visual field that is sufficiently brighter than the level to which the eyes are adapted, such as to cause annoyance, discomfort, or loss of visual performance and ability.

Government Code. The Government Code of the State of California.

Grade. (IP) The location of the ground surface.

Existing or Natural Grade. Ground elevation prior to any grading or other site preparation related to, or to be incorporated into, a proposed development or alteration of an existing development.

Finished Grade. Final ground elevation after the completion of any grading or other site preparation related to, or to be incorporated into, a proposed development or alteration of an existing development.

Grading (IP). Excavating, filling, leveling or smoothing or combination thereof, but does not include temporary stock piles of a duration of thirty days or less.

Ground Floor (IP). The first floor of a building other than a basement that is closest to finished grade.

H.

"H"

Hazardous Materials. Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

Heat. Thermal energy of a radioactive, conductive, or convective nature.

Hedge. Any group of shrubs planted in line or in groups so that the branches of any one plant are intermingled or form contact with the branches of any other plant in the line. Hedges are not considered trees for the purposes of this code.

Height. (IP) The vertical distance from a point on the ground below a structure to a point directly above. See also Section 17.02.030 C, Measuring Height.

Home Occupation. A commercial use conducted on residential property by the inhabitants of the subject residence, which is incidental and secondary to the residential use of the dwelling.

Household. See "family."

Household Pets. Animals that are customarily kept within a dwelling or a yard for the personal use or enjoyment of the residents. Household pets include domestic birds, cats, dogs, fish, rabbits, rodents, or snakes, but do not include horses, mules, goats, cows, hogs or other similar size animals, or chickens, roosters or peacocks.

Housing Costs. The total monthly or annual recurring expenses required of a household to obtain shelter. For a rental unit, total housing costs include the monthly rent payment and utilities. For an ownership unit, total housing costs include the mortgage payment (principal and interest), homeowner's association dues, mortgage insurance, taxes, utilities, and any other related assessments.

I.

"I"

Illegal Use. Any use of land or building that does not have the currently required permits, and was originally constructed and/or established without permits or approvals required for the use at the time it was brought into existence.

Improvement. An object affixed to the ground other than a structure.

Incidental Use. See Use, Incidental.

Income Levels. Income levels for households whose gross incomes do not exceed the qualifying extremely low, very low, low, and moderate income limits established in § 6932 of the California Code of Regulations, and amended periodically based on the U.S. Department of Housing and Urban Development (HUD) estimate based on the San Luis Obispo County median income levels by family size. These income limits are equivalent to the following:

Extremely Low Income Household. Under thirty percent of area median income, adjusted for household size appropriate for the unit.

Very Low Income Household. Thirty to fifty percent of area median income, adjusted for household size appropriate for the unit.

Low Income Household. Fifty to eighty percent of area median income, adjusted for household size appropriate for the unit.

Moderate Income Household. Eighty to one hundred twenty percent of area median income, adjusted for household size appropriate for the unit.

Workforce Housing. One hundred twenty to one hundred sixty percent of area median income, adjusted for household size appropriate for the unit.

Intensity of Use. The extent to which a particular use or the use in combination with other uses affects the natural and built environment in which it is located; the demand for services; and persons who live, work, and visit the area. Measures of intensity include, without limitation, requirements for water, gas, electricity, or public services; number of automobile trips generated by a use; parking demand; number of employees on a site; hours of operation; the amount of noise, light, or glare generated; the number of persons attracted to the site, or in eating establishments, the number of seats.

Intersection, Street. The area common to two or more intersecting streets.

J.

"J"

Reserved.

K.

"K"

Kitchen. Any room or space within a building intended to be used for the cooking or preparation of food.

L.

"L"

Land Use. The purpose for which land or a structure is designed, arranged, intended, occupied, or maintained, including residential, commercial, industrial, etc.

Landscaping-Related Definitions.

Hydrozone. A portion of the landscaped area having plants with similar water needs.

Landscaping. The planting, configuration and maintenance of trees, ground cover, shrubbery, and other plant material, decorative natural and structural features (walls, fences, hedges, trellises, fountains, sculptures), earth-patterning and bedding materials, and other similar site improvements that serve an aesthetic or functional purpose.

Mulch. Any organic material, such as leaves, bark, straw, compost, or inorganic mineral materials, such as rocks, gravel, and decomposed granite, left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.

Pruning. The removal of more than one-third of the crown or existing foliage of the tree or more than onethird of the root system.

Runoff. Water that is not absorbed by the soil or landscape to which it is applied, and flows from the landscape area.

Shrub. A woody plant with several perennial stems that may be erect or may lay close to the ground. Individual stems are generally no more than three inches in diameter.

Tree. Any live woody or fibrous plant, the branches of which spring from and are supported upon a central trunk at least three inches in diameter.

Trim. The cutting or removal of a portion of a tree, which removes less than one-third of the crown or existing foliage of a tree, removes less than one-third of the root system, and does not kill the tree.

Light Fixture. The assembly that holds a lamp and may include an assembly housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirrors, and a refractor or lens.

Lot. A parcel, tract, or area of land whose boundaries have been established by a legal instrument, such as a deed or map recorded with the County of San Luis Obispo, and which is recognized as a separate legal entity for purposes of transfer of title, except public easements or rights-of-way. Lot types include the following:

Abutting Lot. A lot having a common property line or separated by a public path or lane, private street, or easement to the subject lot.

Corner Lot. A lot or parcel bounded by two or more adjacent street lines that have an angle of intersection of not more than one hundred thirty-five degrees.

Flag Lot. A lot so shaped that the main portion of the lot area does not have access to a street other than by means of a corridor having less than twenty feet of width.

Interior Lot. A lot bounded on one side by a street line and on all other sides by lot lines between adjacent lots or that is bounded by more than one street with an intersection greater than one hundred thirty-five degrees; a lot other than a corner lot.

Key Lot. An interior lot adjoining the rear lot line of a reversed corner lot.

Reversed Corner Lot. A corner lot, the rear of which abuts the side of another lot, whether across a lane or not.

Through Lot. A lot having frontage on two parallel or approximately parallel streets.

==> picture [264 x 193] intentionally omitted <==

FIGURE 17.54.020(L)(1): LOT TYPES

Lot Area. (IP) The area of a lot measured horizontally within bounding lot lines.

Lot Coverage. (IP) The portion of a lot that is covered by structures, including main and accessory buildings, garages, carports, and roofed porches, but not including unenclosed and unroofed decks, landings, or balconies. See also Section 17.02.030 H, Determining Lot Coverage.

Lot Depth. (IP) The horizontal distance between the front and rear property lines of a site measured midway between the side property lines. See also Section 17.02.030 D, Measuring Lot Width and Depth.

Lot Frontage. See "frontage, street."

Lot Line. The boundary between a lot and other property or the public right-of-way.

Lot Line Types.

Corner Side Lot Line. A side lot line of a corner lot that is adjacent to a street.

Front Lot Line. On an interior lot, the line separating the lot from the street or lane. On a corner lot, the shorter lot line abutting a street or lane. On a through lot, the lot line abutting the street or lane providing the primary access to the lot. On a flag lot, the interior lot line most parallel to and nearest the street or lane from which access is obtained.

Interior Lot Line. Any lot line that is not adjacent to a street.

Interior Side Lot Line. Any lot line that is not adjacent to a street and is not the rear lot line.

Rear Lot Line. The lot line that is opposite and most distant from the front lot line. Where no lot line is within forty-five degrees of being parallel to the front lot line, a line ten feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, will be deemed the rear lot line for the purpose of establishing the minimum rear yard.

Side Lot Line. Any lot line that is not a front or rear lot line.

==> picture [360 x 204] intentionally omitted <==

FIGURE 17.54.020(L)(2): LOT LINE TYPES

==> picture [360 x 245] intentionally omitted <==

FIGURE 17.54.020(L)(3): REAR LOT LINES, IRREGULAR LOTS

Lot Width. (IP)The average distance between the side lot lines measured at right angles to the lot depth. See also Section 17.02.030 D, Measuring Lot Width and Depth.

M.

"M"

Maintenance and Repair. The repair or replacement of nonbearing walls, fixtures, wiring, roof, or plumbing that restores the character, scope, size, or design of a structure to its previously existing, authorized, and undamaged condition.

Mansard. A wall which has a slope equal to or greater than two vertical feet for each horizontal foot and has been designed to look like a roof.

Mobilehome. A structure designed for human habitation as defined by Section 798.3 of the California Civil Code.

Municipal Code. The city of Morro Bay Municipal Code.

N.

"N"

Natural Disaster. Any situation in which the force or forces which destroyed the structure to be replaced were beyond the control of the owner.

Noise. Any sound that annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.

Nonconforming Building. (IP) See nonconforming structure.

Nonconforming Lot. (IP) A legal parcel of land having less area, frontage, or dimensions than required in the zoning district in which it is located.

Nonconforming Structure. (IP) A building or structure, or portion thereof, which was lawfully erected or altered or maintained, but which, because of the application of this code to it, no longer conforms to the specific regulations applicable to the zoning district in which it is located.

Nonconforming Use. (IP) The use of a building, structure, or site, or portion thereof, which was lawfully established and maintained, but which, because of the application of this code to it, no longer conforms to the specific regulations applicable to the zoning district in which it is located.

O.

"O"

On-Site. Located on the lot that is the subject of discussion.

Opacity. A measure of the relative light impenetrability of fencing, windows, and doors, typically expressed as a percentage. An opaque object with one hundred percent opacity is neither transparent (allowing all light to pass through) nor translucent (allowing some light to pass through).

Outdoor Storage. The keeping, in an unroofed area, of any goods, junk, material, merchandise, or vehicles in the same place for more than seventy-two hours, except for the keeping of building materials reasonably required for construction work on the premises pursuant to a valid and current building permit issued by the city.

Owner. A person or persons holding single or unified beneficial title to the property, including without limitation, the settlor of a grantor trust, a general partner, firm, or corporation.

P.

"P"

Parapet. That part of a wall that extends above the roof line.

Parking Area. (IP) An area of a lot, structure, or any other area, including driveways, which is designed for and the primary purpose of which is to provide for the temporary storage of operable motor vehicles.

Passenger Vehicle. As defined in the California Vehicle Code.

Paved Area. Area covered with a hard material, which may be either permeable or impermeable.

Permit. Any coastal development permit, conditional use permit, minor use permit, temporary use permit, building permit, license, certificate, approval, or other entitlement for development and/or use of property as required by any public agency.

Permitted Use. See use, permitted.

Person. Any individual, firm, association, organization, partnership, business trust, company, or corporation.

Planning Commission. The planning commission of the city of Morro Bay.

Planning Division. The planning division of the community development department of the city of Morro Bay.

Pre-existing. In existence prior to the effective date of this code.

Primary Use. See use, primary.

Project. Any proposal for a new or changed use or for new construction, alteration, or enlargement of any structure that is subject to the provisions of this code. This term includes, but is not limited to, any action that qualifies as a "project" as defined by the California Environmental Quality Act.

Property Line. The recorded boundary of a lot or parcel of land.

Public Resources Code. The Public Resources Code of the State of California.

Public Works Director. The public works director of the city of Morro Bay.

Public Works Project. Any of the following development shall constitute a public works project:

• All production, storage, transmission and recovery facilities for water, sewage, telephone and other similar utilities owned or operated by any public agency or by any utility subject to the jurisdiction of the public utilities commission, except for energy facilities.

• All public transportation facilities, including streets, roads, highways, public parking lots and structures, ports, harbors, airports, railroads, and mass transit facilities and stations, bridges, trolley wires, and other related facilities.

• All publicly-financed recreational facilities, all projects of the state coastal conservancy and any development by a special district.

• All community college facilities.

Q.

"Q"

Qualified Applicant. The property owner, the owner's agent, or any person, corporation, partnership, or other legal entity that has a legal or equitable title to land that is the subject of a development proposal, or is the holder of an option or contract to purchase such land, or otherwise has an enforceable proprietary interest in such land.

R.

"R"

Reasonable Accommodation. (IP) Any deviation requested and/or granted from the strict application of the city's zoning and land use laws, rules, policies, practices and/or procedures under provisions of federal or California law to make housing or other facilities readily accessible to and usable by persons with disabilities and thus enjoy equal employment or housing opportunities or other benefits guaranteed by law.

Recreational Vehicle. As defined in Section 799.29 of the California Civil Code and Section 18010 of the California Health and Safety Code.

Review Authority. Body responsible for making decisions on applications.

Right-of-Way. A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer, or other similar use.

S.

"S"

Screening. Screening refers to a wall, fence, hedge, informal planting, or berm, provided for the purpose of concealing something from view.

Senior Citizen. An individual sixty-two years of age or older.

Setback. The area between a property line and a building or structure that must be kept clear or open.

Sidewalk. A paved, surfaced, or leveled area, paralleling and usually separated from the street, used as a pedestrian walkway.

Site. A lot, or group of contiguous lots, that is proposed for development in accordance with the provisions of this code and is in a single ownership or under unified control.

Site Area. The total horizontal area included within the property lines of a site.

Soil. Naturally occurring superficial deposits overlying bedrock.

Solar Reflectance Index. Measure of a surface's ability to reflect solar heat, combining reflectance and emittance into one number. It is defined so that a standard black (reflectance 0.05, emittance 0.90) is zero and a standard white (reflectance 0.80, emittance 0.90) is one hundred.

Specific Plan. A plan for all or part of the area covered by the general plan that is prepared to be consistent with and to implement the general plan, pursuant to the provisions of Government Code, §§ 65450 et seq.

State. The State of California.

Story. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story is that portion of a building included between the upper surface of the topmost floor and the upper surface of the roof above.

Street. A public or private thoroughfare, which affords the principal means of access to a block and to abutting property. "Street" includes avenue, court, circle, crescent, place, way, drive, boulevard, highway, road, and any other thoroughfare, except an alley or walkway.

Street Line. The boundary between a street and a lot or parcel of land.

Structural Alterations. Any physical change to or the removal of the supporting members of a structure or building, such as bearing walls, columns, beams, or girders.

Structure. Anything constructed or erected which requires a location on the ground or attachment to something having location on the ground.

Structure, Accessory. A detached subordinate structure, used only as incidental to the main structure on the same site or lot.

Structure, Main. A structure housing the primary use of a site or functioning as the primary use.

Structure, Temporary. A structure without any foundation or footings, and which is intended to be removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.

Swimming Pool. A pool, pond, lake, or open tank capable of containing water to a depth greater than one and one-half feet at any point.

T.

"T"

Tandem Parking. An arrangement of parking spaces such that one or more spaces must be driven across in order to access another space or spaces.

Telecommunication Terms.

Antenna. Any system of wires, poles, rods, horizontal or vertical elements, panels, reflecting discs, or similar devices used for the transmission and/or reception of electromagnetic waves.

Co-Location. The location of two or more wireless communications facilities owned or used by more than one public or private entity on a single support structure, or otherwise sharing a common location. Colocation also includes the location of wireless communications facilities with other facilities, such as buildings, water tanks, light standards, and other utility facilities and structures.

Mast. A pole of wood or metal or a tower fabricated of metal that is used to support an antenna and maintain it at the proper elevation.

Satellite Dish. A device (also known as a parabolic antenna) incorporating a reflective surface that is solid, open, or mesh or bar-configured, and is in the shape of a shallow dish, cone, horn cornucopia, or flat plate that is used to receive or transmit radio or electromagnetic waves between terrestrially and/or orbitally based units. This term includes satellite earth stations, satellite receivers, satellite discs, direct broadcast systems, television-reception-only systems, and satellite microwave antennas.

Support Equipment. The physical, electrical, and/or electronic equipment included within a telecom facility used to house, power, transport, and/or process signals from or to the facility's antenna or antennas.

Telecommunication Facility. A mobile cell site that consists of a cell antenna tower and electronic radio transceiver equipment on a truck or trailer, designed to be part of a cellular network.

Tower, Lattice. A multiple-sided, open, metal frame support structure that supports antennas and related equipment, typically with three or four support legs.

Tenant. A person renting or leasing a housing unit or non-residential space.

Trailer. A vehicle with or without motor power, which is designed or used for hauling materials or vehicles, or for human habitation, office, or storage including camper, recreational vehicle, travel trailer, and mobile home, but not including mobile homes on a permanent foundation.

U.

"U"

Use. The purpose for which land or the premises of a building, structure or facility is arranged, designed, or intended, or for which it is or may be occupied or maintained.

Use, Accessory. A use that is customarily associated with, and is incidental and subordinate to, a primary use and located on the same lot as a primary use.

Use, Incidental. A secondary use of a lot and/or building that is located on the same lot, but is not customarily associated with the primary use.

Use, Permitted. Any use or structure that is allowed in a zoning district without a requirement for approval of a use permit, but subject to any restrictions applicable to that zoning district.

Use, Primary. A primary, principal, or dominant use established, or proposed to be established, on a lot.

Use Classification. A system of classifying uses into a limited number of use types on the basis of common functional, product, or compatibility characteristics. All use types are grouped into the following categories: residential; public and semi-public; commercial; industrial; transportation, communication, and utilities; and urban agriculture. See Chapter 17.53, Use Classifications.

Use Permit. A discretionary permit which may be granted by the appropriate city of Morro Bay authority to provide for the accommodation of land uses with special site or design requirements, operating characteristics, or potential adverse effects on surroundings, which are not permitted by right, but which may be approved upon completion of a review process and, where necessary, the imposition of special conditions of approval.

Use Type. A category that classifies similar uses based on common functional, product, or compatibility characteristics.

Utilities. Equipment and associated features related to the mechanical functions of a building(s) and services such as water, electrical, telecommunications, and waste.

V.

"V"

Variance. (IP) A discretionary grant of permission to depart from the specific requirements of this code that is warranted when, due to special circumstances regarding the physical characteristics of the property, the strict application of standards would deprive the property of privileges available to other property in the same zoning district.

Vehicle. Any vehicle, as defined by the California Vehicle Code, including any automobile, camper, camp trailer, trailer, trailer coach, motorcycle, house car, boat, or similar conveyance.

Vibration. A periodic motion of the particles of an elastic body or medium in alternately opposite directions from the position of equilibrium.

Visible. Capable of being seen (whether or not legible) by a person of normal height and visual acuity walking or driving on a public road or in a public place.

W.

"W"

Wall. Any vertical exterior surface of building or any part thereof, including windows.

X.

"X"

Reserved.

Y.

"Y"

Yard. (IP) An open space on the same site as a structure, unoccupied and unobstructed from the ground upward, except as otherwise provided by this code.

Front Yard. A yard extending across the front of a lot for the full width of the lot between the side lot lines. The depth of a front yard shall be a distance specified by this code for the district in which it is located and measured inward from the front lot line.

Corner Side Yard. A yard on a corner lot or reversed corner lot extending from the front yard to the rear lot line between the building setback line and the nearest side street lot line.

Interior Yard. A yard which does not abut a street.

Interior Side Yard. A yard extending from the rear line of the required front yard, or the front property line of the site where no front yard is required, to the front line of the required rear yard, or the rear property line of the site where no rear yard is required, the depth of which is the minimum horizontal distance between the side property line and a line parallel thereto on the site.

Rear Yard. A yard extending across the rear of a lot for its full width between side lot lines, and to a depth specified by this code for the district in which it is located. If a lot has no rear lot line, a line ten feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, will be deemed the rear lot line for the purpose of establishing the minimum rear yard.

Required Yard. A yard which complies with the minimum yard requirements for the zoning district in which the lot is located.

==> picture [360 x 218] intentionally omitted <==

FIGURE 17.54.020(Y): YARDS

Z.

"Z"

Zoning District. A specifically delineated area in the city within which regulations and requirements uniformly govern the use, placement, spacing, and size of land and buildings. See Section 17.03.010, Base Zoning Districts and Overlay Zoning Districts.

(Ord. No. 662, § 2, 12-13-23)