Morro Bay Municipal Code § 17.01.050 Local coastal program coastal implementation plan (IP)

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

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

(Ord. No. 662, § 2, 12-13-23)

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

(Ord. No. 662, § 2, 12-13-23)

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

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

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

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

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

E. Promote economic growth and the creation of jobs.

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

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

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

(Ord. No. 662, § 2, 12-13-23)

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

(Ord. No. 662, § 2, 12-13-23)

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

1. Division I: Introductory Provisions (all chapters).

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

3. Section 17.23.010: Purpose and Applicability.

4. Section 17.23.020: Accessory Structures.

5. Section 17.23.040: Development on Substandard Lots.

6. Section 17.23.050: Encroachments into Required Setbacks.

7. Section 17.23.070: Heights and Height Exceptions.

8. Section 17.23.100: Open Space.

9. Section 17.23.140: Sloping Lots.

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

11. Chapter 17.27: Parking and Loading (all sections).

12. Section 17.30.220: Short-Term Vacation Rentals.

13. Chapter 17.39: Coastal Development Permits (all sections).

14. Chapter 17.42: Modifications (all sections).

15. Chapter 17.43: Reasonable Accommodation (all sections).

16. Chapter 17.44: Variances (all sections).

17. Chapter 17.53: Use Classifications (all sections).

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

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

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

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

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

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

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

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

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

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

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

(Ord. No. 662, § 2, 12-13-23)

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

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

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

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

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

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

G. Effect on Previously Approved Projects and Projects in Progress.

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

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

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

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

(Ord. No. 662, § 2, 12-13-23)

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

(Ord. No. 662, § 2, 12-13-23)

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

(Ord. No. 662, § 2, 12-13-23)

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

(Ord. No. 662, § 2, 12-13-23)