Morro Bay Municipal Code Appendix A

The language contained in this appendix is from Measure "A," approved by the voters in 1986, and is provided for informational purposes.

Purpose.

The purpose of this chapter is to prevent Morro Bay from becoming an oil port, personnel-boat center or other logistical base for offshore oil operation.

Findings.

These findings are based on the City of Morro Bay's General Plan, Housing Element, EIR for Appropriate Water rights in the Morro and Chorro Basin, May 1986; Quarterly and Annual Water Reports and other documents and information available and familiar to the City Council and the people of Morro Bay.

A. Environment Degradation.

1. Sensitive Habitat Areas. The City is a small community with many unique and environmentally sensitive habitat areas. These are critical wetlands habitats for several rare and endangered plant and animal species. Morro Bay is a bird sanctuary established by the local Audubon Society.

2. Natural Estuaries. The Estuary is among the last remaining natural estuaries along the coast of California and needs to be protected.

3. Physical Settings. The City is located in a physical setting with spectacular visual qualities. The visual resources of the community serve as valuable assets to both City residents and visitors.

4. Environmental Studies. Environmental studies designed to evaluate the potential impacts of oil and gas exploration and extraction activities on sensitive marine and coastal resources are not yet complete. Until these studies are completed, it is impossible to weigh the risks of offshore oil development against the potential royalties or energy benefits.

5. Environmental Impact Reports of Potential Spills. Environmental impact reports prepared to assess the effects of offshore drilling actually predict large scale oil spills. In addition to the destruction of marine life, spills could reach the shoreline, destroying habitat and reducing or eliminating seabird and other animal populations.

B. Effects On Morro Bay Economy.

1. Commercial Fishing Significance. The commercial fishing industry historically played a significant role in the development of Morro Bay, and continues to provide an economic source for the community as well as serving as an important tourist attraction. The California Coastal Act of 1976 requires Morro Bay to protect and, where feasible, upgrade commercial and recreational fishing facilities. The City has a policy of giving priority to commercial fisheries in existing harbor facilities and in new harbor development.

2. Preservation. Morro Bay is one of the last true fishing ports along the coast of California and as such should be preserved.

3. Commercial Fishing Needs. There is a shortage of suitable wharfage space, moorings and areas for expansion of the commercial fishing industry. Morro Bay Harbor cannot accommodate boats of the size generally associated with oil development service bases. To do so would require a total redesign and redevelopment of the harbor and a tremendous amount of dredging. Lands available for additional wharfage are critical to the City's plans to develop facilities to meet the priority needs of the commercial fishing industry.

4. Conflict with Oil Support Vessels. Due to the similarities in the requirements of commercial fishing boats and oil support vessels and because the oil industry can afford to pay more for the services required by their boats than the fishing industry, commercial fishing would tend to be displaced.

5. Tourism. Tourism is an important part of the City's economy with the quality of the beaches and the beautiful visual resources being a prime factor in the success of the tourist industry. Oil and gas development anywhere off Central California could have disastrous effect on beaches within the City and the tourist industry.

C. Impact Of Onshore Facilities.

1. Support Facilities. Support facilities for offshore oil and gas development cannot be accommodated in the City. The City's Local Coastal Program contains no sites designated onshore support facilities associated with offshore oil development. Any site in the City would have debilitating effects on the local economy and environment.

2. Groundwater. The City relies solely on finite groundwater basins currently in overdraft conditions resulting in a complete building moratorium which has only been partially alleviated. There is not sufficient water to accommodate any oil support facilities in the City.

3. General Plan, Housing Element. The goals for 1986 in the General Plan, Housing Element, particularly for affordable housing are not being met due to lack of water. Location of oil crews in Morro Bay would put greater demand for housing than could be met, thereby displacing lower income residents.

D. Consistency.

1. General Plan. This chapter is consistent with the City's General Plan.

2. Local Coastal Program. This chapter is consistent with the City's Local Coastal Program.

3. Initiative Ordinance Number 283. Adoption of the Ordinance codified in this chapter by the people of the City of Morro Bay shall repeal that Initiative Ordinance Number 283 adopted by the City Council of the City on April 28, 1987 which became effective on May 28, 1986.

4. Consistency. Adoption of said Ordinance by the people does not amend nor rescind any consistent provisions of the General Plan, Local Coastal Program or Zoning Ordinances but does strengthen and define such consistent provisions.

(Ord. 445 § 3 (part), 1995)

AN ORDINANCE REQUIRING VOTER APPROVAL FOR ANNEXATIONS

The people of the City of Morro Bay do ordain an ordinance relating to voter approval on annexations as follows:

Except for territory which is dedicated solely and entirely to a permanent public use, no annexation of territory to the city shall become effective until approved by a vote of the people at a general or special election held after the final decision by the Council to annex such territory.

I, BONITA KAY MURRAY, Deputy City Clerk of the City of Morro Bay, do hereby certify that the foregoing is a true and correct copy of an ordinance adopted by a majority vote of the electors voting in the General Municipal Election held in the City of Morro Bay on the 8th day of April, 1980.

DATED: June 24, 1981

AN ORDINANCE ESTABLISHING A GROWTH MANAGEMENT PROCEDURE WHICH WILL ALLOW FAIR DISTRIBUTION OF OUR SCARCE WATER RESOURCES AND PROTECT THE SMALL TOWN CHARACTER AND SURROUNDING OPEN SPACE OF THE CITY

Be it ordained by the people of the City of Morro Bay as follows:

SECTION 1. Both the Coastal Commission certified Land Use Plan and the Morro Bay city council-adopted Water Management Plan allow for a city residential population to grow from present 9600 to 12,200 by the year 2000 IF ADDITIONAL WATER RESOURCES OF ADEQUATE QUALITY AND QUANTITY ARE MADE AVAILABLE THROUGH IMPLEMENTATION OF THE WATER MANAGEMENT PLAN. In order to insure even and balanced growth during the 16 year period from January 1, 1985 through December 31, 2000, building permits will be limited to a number permitting an annual increase in population which would achieve the 12,200 person goal by the year 2000. No further residential building will be permitted after a population of 12,200 has been reached unless an increase has been approved by a majority vote at a regular or special election.

SECTION. 2. If water and wastewater treatment capacities become available allowing for a population increase beyond 12,200, the growth management procedures of this ordinance may be altered ONLY BY A MAJORITY VOTE OF THE PEOPLE AT A REGULAR OR SPECIAL ELECTION.

SECTION 3. Residential building permits in 1985 will be limited to 70 residential units. The city council with advice of the planning commission, will determine by January 15 of each calendar year thereafter the mix of multi-unit and single family residential units for that calendar year. The 70 unit ceiling may be increased or decreased by a factor not exceeding 10 percent if necessary to achieve the alloted annual population growth target. The determination of the mix will be based on a study of the historical building permit pattern for the decade prior to 1977 and the years since 1982, plus an estimate of population increase of the previous year. Final adjustment of the building permit limit in each year will be made by the city council after a public hearing.

SECTION 4. In any calendar year the commercial and industrial building permits issued shall not require more than 130% of the water allocated to residential units that year.

SECTION 5. Residential building permit approvals will follow Coastal Act priorities for water allocation required by Coastal Development Permit 4-81-309A or as revised after the Coastal Commission review scheduled for December 1984. These priorities shall be reviewed again when the pipe replacement program is completed and necessary amendments submitted to the Coastal Commission.

SECTION 6. For purposes of awarding building permits, only those development proposals which meet the definition of infill now in use for water allocations may be approved. This definition was approved by city council Resolution No. 26-84 on March 12, 1984.

SECTION 7. Land Use Plan policies 6.01 through 6.08 have been designed to preserve open space and agricultural land within the city limits. These policies and the zoning ordinances which now implement them may be amended or repealed ONLY BY A MAJORITY VOTE OF THE PEOPLE AT A REGULAR OR SPECIAL ELECTION held after final approval of an amendment or repeal by the city council and prior to submission to the Coastal Commission.

SECTION 8. Nonprofit public facilities (e.g. public buildings, libraries, senior centers, etc.) supported in whole or in part by public funds are exempted from the permit limitations in Sections 3 and 4.

SECTION 9. Severance. If any portion of this ordinance is held invalid for any reason by a decision of a court of competent jurisdiction, such portion shall be deemed a separate, distinct and severable portion thereof and such decision shall not affect the validity of the remaining portions.

SECTION 10. This ordinance shall supersede all other ordinances in conflict herewith.

I, GARY A. NAPPER, City Clerk of the City of Morro Bay, do hereby certify that the foregoing is a true and correct copy of an ordinance adopted by a majority vote of the electors voting in the general municipal election held in the City of Morro Bay on the 6th day of November, 1984.

Dated: November 30, 1984.

AN ORDINANCE TO AMEND THE MORRO BAY LAND USE PLAN (LUP) REGARDING THE AREA DESIGNED AS THE WILLIAMS PROPERTY IN ORDER TO PROVIDE THAT LAND WHICH IS NOT IN FACT SUITABLE FOR AGRICULTURAL USES MAY BE CONSIDERED BY THE CITY OF MORRO BAY FOR APPROPRIATE FUTURE DEVELOPMENT.

The people of the City of Morro Bay do ordain as follows:

Section 1. The City shall amend its Coastal Land Use Plan (LUP) and all applicable ordinances, policies and maps to designate a portion of the Williams property within the City limits for appropriate commercial and visitor-serving uses; including a new shopping center The total area to be designated for such uses, shall be thirty (30) net acres generally located adjacent to Highway 1 and Morro Bay Boulevard, with approximately fifteen (15) net acres to be available for "district commercial uses and approximately fifteen (15) net acres to be available for "visitor-serving" uses, the sitting of such uses shall be in accordance with a precise development plan consistent with the LUP and relevant Coastal Act and Chapter 3 policies. Nothing contained herein shall be construed to permit any residential development on the Williams property.

Section 2. Upon adoption, this ordinance shall be immediately submitted to the California Coastal Commission for certification as an amendment to the Land Use Plan for the City of Morro Bay.

Section 3. If any provision of this ordinance is adjudged invalid by a court of competent jurisdiction, such provision shall be deemed separate, distinct and severable and such adjudication shall not affect the remaining provisions of the ordinance.

Section 4. This ordinance shall supersede all other ordinances and LUP policies in conflict herewith.

CERTIFICATION

I, GARY A. NAPPER, City Clerk of the City of Morro Bay, do hereby certify that the foregoing is a true and correct copy of an ordinance (Measure B) adopted by a majority vote of the electors voting in the general municipal election held in the City of Morro Bay on the 4th day of November, 1986.

Dated: January 13,1987.

(MEASURE D, 1988)

INITIATIVE ORDINANCE TO AMEND GENERAL PLAN - CITY OF MORRO BAY

An ordinance of the people of the City of Morro Bay to amend the General Plan of the City of Morro Bay, County of San Luis Obispo, State of California, regarding the approximate five (5) acres (the Piney Way Village property) bounded by Payless Drugstore, the Catholic Church, the City Fire Station and Morro Palms Mobile Home Park and the rezone such property from R-2 to C-l, district commercial, which would permit the development of expanded, competitive grocery shopping in the downtown area of Morro Bay.

[The specific property referenced in this ordinance is shown on the attached map and is fully described below in Section 1.]

THE PEOPLE OF MORRO BAY DO ORDAIN AS FOLLOWS:

Section 1. The General Plan of the City of Morro Bay is hereby amended to change the permitted land uses from R-2 to C-l, district commercial, for the Piney Way Village property identified below as:

That portion of Lot 10 of the Rancho San Bernardo in the County of San Luis Obispo, State of California, according to the map of the subdivision of the portion of said Rancho San Bernardo, filed January 5, 1907 in Book 1, page 6 of Maps, described as follows:

BEGINNING at a 1″ iron pipe marked R. E. 3200, on the Southwesterly boundary line of said Lot 10, which said pipe bears South 62° 30′ East, 254.80 feet from a 3″ × 4″ stake on which is a copper disc marked R. E. 1800, said 3″ × 4″ stake being on the Southwesterly boundary of said Lot 10, and is set at the Southeasterly corner of the 5 acre parcel of land shown on the map filed in Book 3, Page 92 of Licensed Surveyors Maps; thence North 27° 26′ East, 450.07 feet; thence South 50° 57′ 30″, 564.88 feet; thence South 27° 26′ West, 337.06 feet to a point on the Southwesterly boundary line of said Lot 10; thence North 62° 30′ West, 553.32 feet along said Southwesterly boundary line to POINT OF BEGINNING.

Section 2. The property described in Section I is hereby rezoned from its present R-2 designation to C-l, district commercial, and all applicable land use policies, ordinances, and maps relating thereto shall be revised accordingly.

Section 3. Upon adoption, this ordinance shall be immediately submitted to the California Coastal Commission for certification as an amendment to the Land Use Plan of the Local Coastal Program contained in the General Plan for the City of Morro Bay.

Section 4. This ordinance shall supersede all other ordinances and land use policies in conflict therewith.

CERTIFICATION

I, Ardith Davis, City Clerk of the City of Morro Bay, do hereby certify that the foregoing is a true and correct copy of an ordinance adopted by a majority vote of the electors voting in the general municipal election held in the City of Morro Bay on the 8th day of November, 1988.

Dated: January 12, 1989.

(MEASURE E, 1988)

INITIATIVE ORDINANCE TO AMEND GENERAL PLAN - CITY OF MORRO BAY

An ordinance of the people of the City of Morro Bay to amend the General Plan of the City of Morro Bay, County of San Luis Obispo, State of California, by amending the Master Plan for City Park, located in Planning Area 7, Central Morro Bay, a) to prohibit the construction of any structure, including any gazebo or gazebo-type structure, which would reduce the existing open spaces in the park, or which would alter the character and present uses of the park; and b) to require the removal of any such structure constructed before the adoption of this ordinance, which were not included in the master plan for the park before March 1, 1988.

THE PEOPLE OF MORRO BAY DO ORDAIN AS FOLLOWS:

Section 1. The Master Plan for City Park, located in Planning Area 7, Central Morro Bay, is hereby amended as follows:

Except for proposed structures included in the Master Plan for City Park as of March 1, 1988 no new structure, including any gazebo or gazebo-type structure, shall be constructed in City Park, which would reduce the existing open spaces in the park, or would alter the character and present uses of the park unless the park is enlarged and the master plan for the park is duly amended.

Section 2. If any structure of the type referred to in Sections 1 & 2 above exists in City Park at the time this ordinance is adopted, such structure shall be removed from the park not later than six months after the adoption of this ordinance.

Section 3. This ordinance shall supersede all other ordinances, land use policies and resolutions in conflict therewith.

CERTIFICATION

I, Ardith Davis, City Clerk of the City of Morro Bay, do hereby certify that the foregoing is a true and correct copy of an ordinance adopted by a majority vote of the electors voting in the general municipal election held in the City of Morro Bay on the 8th day of November, 1988.

Dated: January 12, 1989.

(MEASURE H)

INITIATIVE MEASURE TO REZONE A PORTION OF WILLIAMS BROTHERS PROPERTY TO REDUCE THE ACREAGE ALLOWED FOR COMMERCIAL AND TO PROHIBIT VISITOR SERVING COMMERCIAL

THE PEOPLE OF THE CITY OF MORRO BAY DO ORDAIN:

SECTION 1: Morro Bay General Plan policy LU-48, Section 2 shall be repealed.

SECTION 2: Morro Bay General Plan policy LU-49 shall be amended to read as follows:

The City shall amend its General Plan Land Use Element LU-49 and all applicable ordinances, polices and maps to designate a portion of the Williams' property within the city limits for "direct commercial" use, including a new shopping center. The total area to be designated for such use shall be thirteen (13) gross acres generally located adjacent to Highway 1 and Morro Bay Boulevard. The citing of such use shall be in accordance with a precise development plan consistent with the General Plan Land Use Element and relevant Coastal Act Chapter 3 policies.

Nothing contained herein shall be construed to permit any residential development on the Williams property.

SECTION 3: Upon adoption, this ordinance shall be immediately submitted to the California Coastal Commission for certification as an amendment to the General Plan for the City of Morro Bay.

SECTION 4: If any provision of this ordinance is adjudged invalid by a court of competent jurisdiction, such provision shall be deemed separate, distinct and severable and such adjudication shall not affect the remaining provisions of the ordinance.

SECTION 5: This ordinance shall supersede all other ordinance and General Plan Policies in conflict therewith.

CERTIFICATION

I Ardith Davis, City Clerk of the City of Morro Bay, do hereby certify that the foregoing is a true and correct copy of an ordinance adopted by a majority vote of the electors voting in a general municipal election held in the City of Morro Bay on the 6th day of November, 1990.