Morro Bay Municipal Code § 17.07.020 Land use regulations (IP)

The purposes of the residential districts are to:

A. Provide for a full range of housing types consistent with the general plan/LCP land use plan.

B. Preserve, protect, and enhance the character of the city's different residential neighborhoods and the quality of life of city residents.

C. Ensure adequate light, air, privacy, and open space for each dwelling.

D. Ensure that the scale and design of new development and alterations to existing structures are compatible with surrounding homes and appropriate to the physical characteristics of the site and the area where the project is proposed.

E. Provide sites for public and semi-public land uses such as parks, schools, day care, and other uses that will serve city residents and will complement surrounding residential development.

Additional purposes of each residential district:

Residential Low Density (RL). The RL district is intended to provide areas for detached single-unit dwellings and accessory uses compatible with the residential use of the district. In addition to single-unit dwellings, this district provides for other compatible uses, such as schools and parks that may be appropriate in a single-unit residential neighborhood. The overall density limit for these areas is four units per acre. This district implements the low density residential general plan/LCP land use plan land use designation.

Residential Single-Unit (RS). The RS district is intended to provide areas for detached and attached single-unit housing at densities between four and one-tenth and seven. Overall densities for these areas are up to seven units per net acre. In addition, this district provides for uses such as schools and parks that may be appropriate in a low- or moderate-density residential environment. This district implements the moderate density residential general plan/LCP land use plan land use designation.

Residential Medium Density (RM). The RM district is intended to provide areas for a variety of housing types at densities between seven and one-tenth and fifteen units per acre. Types of dwelling units include attached and detached single-unit dwellings, townhomes, condominiums, two-unit dwellings, multi-unit developments, and apartments. This district also provides for uses such as schools, daycare centers, parks, and community facilities that may be appropriate in a medium density residential environment. This district implements the medium density residential general plan/LCP land use plan land use designation.

Residential High Density (RH). The RH district is intended to provide areas for a variety of medium to high-density residential development. Housing types include single-unit attached, townhouses, condominiums, and apartment buildings at densities between fifteen and one-tenth and twenty-seven dwelling units per acre. Detached single-unit dwellings are allowed where site characteristics such as size or topography, preclude multi-unit development. This district also provides for uses such as schools, daycare centers, parks, and community facilities that may be appropriate in a higher-density residential environment. This district implements the high density residential general plan/LCP land use plan land use designation.

(Ord. No. 662, § 2, 12-13-23)

Table 17.07.020, Land Use Regulations—Residential Districts, sets the land use regulations for residential districts. The regulations for each district are established by letter designation as follows:

"P" designates permitted uses.

"M" designates use classifications that are permitted after review and approval of a minor use permit pursuant to Chapter 17.40, Use Permits.

"C" designates use classifications that are permitted after review and approval of a conditional use permit pursuant to Chapter 17.40, Use Permits.

"(#)" numbers in parentheses refer to specific limitations listed at the end of the table.

"-" designates uses that are not permitted.

For all uses, approval of a coastal development permit pursuant to Chapter 17.39, Coastal Development Permits (IP), may be required.

Land uses are defined in Chapter 17.53, Land Use Classifications. In cases where a specific land use or activity is not defined, the director shall assign the land use or activity to a classification that is substantially similar in character. Land uses not listed in the table or not found to be substantially similar to the uses below are prohibited. Section numbers in the right hand column refer to specific regulations applicable to the particular use classification located in other sections of this code.

TABLE 17.07.020: LAND USE REGULATIONS—RESIDENTIAL DISTRICTS P: Permitted Use; M: Minor Use Permit Required; C: Conditional Use Permit Required; -: Use Not Allowed Note: A Coastal Development Permit may be required, See Chapter 17.39 , Coastal Development Permits

(Ord. No. 662, § 2, 12-13-23)

Table 17.07.030 A, Development Standards—RS districts, and Table 17.07.030 B, Development Standards—RL, RM, and RH districts, prescribe the development standards for residential districts. Additional regulations are denoted in the right hand column. Section numbers in this column refer to other sections of this code. Additional development standards are specified following the tables below.

TABLE 17.07.030 A: DEVELOPMENT STANDARDS—RS DISTRICTS

TABLE 17.07.030 B: DEVELOPMENT STANDARDS—RL, RM, AND RH DISTRICTS

Additional Development Standards.

A. Senate Bill (SB) 9 Related Development. In the RS and RL districts, two dwelling units are allowed per lot if the following standards are met:

1. The proposed development shall not be located in any of the following areas:

a. Prime farmland or farmland of statewide importance.

b. Wetlands.

c. High or very high fire hazard severity zone.

d. Hazardous waste site.

e. Within a delineated earthquake fault zone.

f. Within a special flood hazard area/subject to a letter of map revision.

g. Within regulatory floodway.

h. Lands identified for conservation in an adopted natural community conservation plan.

i. Habitat for protected species.

j. Lands under conservation easement.

k. Within a historic district or property included on the state historic resources inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.

2. The proposed development shall not require demolition or alteration of any of the following types of housing:

a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

b. Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.

c. Housing that has been occupied by a tenant in the last three years.

3. The proposed development shall not be located on a lot on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within fifteen years before the date that the development proponent submits an application.

4. The proposed development shall not involve the demolition of more than twenty-five percent of the existing exterior structural walls.

5. A maximum of two residential units are allowed per lot, inclusive of accessory dwelling units and junior accessory dwelling units.

6. Each unit constructed pursuant to this subsection shall comply with all provisions of the base, overlay, or specific plan district, except as modified by this section.

a. Interior Side and Rear Setbacks. A minimum four foot side and rear setback is required; however no setback is required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.

b. Parking. A minimum of one space per unit shall be provided unless:

i. The lot is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.

ii. There is a car share vehicle located within one block of the lot.

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

7. If located in the coastal zone, the project must also be found consistent with all applicable provisions of the LCP, including those specified in Section 17.14.040 B.

(Ord. No. 662, § 2, 12-13-23)

A. Paving. The maximum amount of paved area in street-facing yards is fifty percent of the required yard.

B. Residential Development.

1. All Residential Development, Window Placement. Windows shall be offset to avoid direct sight lines into and from neighboring properties.

[Figure: FIGURE 17.07.040(B.1): WINDOW PLACEMENT]

FIGURE 17.07.040(B.1): WINDOW PLACEMENT

2. Single-Unit, Detached, Development. All detached single-unit development on lots five thousand square feet or more in size shall meet the following development standards.

a. Front Elevation Second Story Stepback. A minimum of sixty percent of the second story front elevation shall be setback a minimum of three feet from the first floor wall.

b. Building Massing. Two-story structures shall meet one of the following conditions:

i. The floor area of the second level shall not exceed seventy-five percent of the first level and the front and side elevation shall not be single solid planes; or

ii. A minimum of twenty-five percent of each building elevation shall be setback at least three feet from the remaining area of the elevational plane.

3. Single-Unit, Attached, and Multi-Unit Development. All attached single-unit and multi-unit residential development shall meet the following development standards.

a. Building Design. Exceptions to the following building design requirements may be granted through design review approval where the review authority finds that adequate design features have been included to create visual variety and avoid a large-scale and bulky appearance.

i. Entrance Orientation. All units located along public rights-of-way shall have the primary entrance facing the right-of-way.

ii. Entrance Projection or Recess. Building entrances must have a roofed projection (such as a porch) or recess with a minimum depth of at least five feet and a minimum area of thirty square feet.

[Figure: FIGURE 17.07.040(B.3.II): ENTRANCE PROJECTION OR RECESS ATTACHED SINGLE-UNIT AND MULTI-UNIT DEVELOPMENT]

FIGURE 17.07.040(B.3.II): ENTRANCE PROJECTION OR RECESS ATTACHED SINGLE-UNIT AND MULTI-UNIT DEVELOPMENT

iii. Maximum Building Length. The maximum building length is one hundred feet.

iv. Window Trim or Recess. Trim at least two inches in width shall be provided around all windows, or window must be recessed at least two inches from the plane of the surrounding exterior wall.

[Figure: FIGURE 17.07.040(B.3.IV): WINDOW TRIM OR RECESS ATTACHED SINGLE-UNIT AND MULTI-UNIT DEVELOPMENT]

FIGURE 17.07.040(B.3.IV): WINDOW TRIM OR RECESS ATTACHED SINGLE-UNIT AND MULTI-UNIT DEVELOPMENT

v. 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.

[Figure: FIGURE 17.07.040(B.3.V): FAÇADE ARTICULATION ATTACHED SINGLE-UNIT AND MULTI-UNIT DEVELOPMENT]

FIGURE 17.07.040(B.3.V): FAÇADE ARTICULATION ATTACHED SINGLE-UNIT AND MULTI-UNIT DEVELOPMENT

vi. Building Colors. Every building shall have at least two complementary colors.

b. Private Storage Space. Each unit shall have at least two hundred cubic feet of enclosed, weather-proofed, and lockable private storage space with a minimum horizontal dimension of four feet. The required private storage shall be accessible from the exterior of the structure and may be used for bicycle parking.

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

i. 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.

ii. To Circulation Network. Regular connections between on-site walkways and the public sidewalk and other planned or existing pedestrian routes shall be provided. An on-site walkway shall connect the primary building entry or entries to a public sidewalk on each street frontage.

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

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

v. Pedestrian Walkway Design.

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

(2) 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.

(3) 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.

C. Small Lot Single-Unit Development. Single-unit development located on lots less than the minimum lot size established for residential districts may be approved with a conditional use permit subject to the following standards.

1. Development Standards. Small lot single-unit development is subject to the development standards and supplemental regulations of the base zone district except as specified below.

a. Maximum Density. Density shall be determined by the base zone district; however, density shall mean the average density of the entire site.

b. Setbacks.

i. Perimeter Setbacks. The minimum setback from the property lines on the perimeter of the small lot single-unit development shall be the required setbacks of the underlying base zone.

ii. Interior Street Setbacks. The minimum setback from the back of sidewalk of any interior street or edge of pavement where there is no sidewalk shall be eighteen feet to the garage door and ten feet to any living area or covered porch.

iii. Side Setbacks. The minimum setback shall be three feet from a side property line. For attached units, a minimum side setback of ten feet shall be provided at the end of the row of the attached units.

iv. Rear Setbacks. The minimum setback shall be ten feet from the rear property line.

c. Entrances.

i. Dwelling units that abut a public right-of-way or private street shall orient the primary entryway toward the street.

ii. Dwelling units located in the interior of the development shall orient the primary entryway toward and visible from a pedestrian pathway that is connected to a public right-of-way or private street.

iii. There shall be a minimum eight-foot separation between the primary entryway of a unit and the adjacent building wall of a neighboring unit.

[Figure: FIGURE 17.07.040(D.1.C.III): ENTRANCE SEPARATION SMALL LOT SINGLE-UNIT DEVELOPMENT]

FIGURE 17.07.040(D.1.C.III): ENTRANCE SEPARATION SMALL LOT SINGLE-UNIT DEVELOPMENT

d. Open Space. Open space shall be provided pursuant to the open space requirements of the underlying base zone. In the RS and RL districts, open space shall be provided pursuant to the open space requirements of the RM district.

e. Parking. Parking shall be provided in accordance with Chapter 17.27, Parking and Loading, except that small lot single-unit development of attached dwelling units shall be subject to the parking requirements for multi-unit residential.

2. Required Findings. A conditional use permit for a small lot single-unit development shall only be approved if the following findings are made in addition to any other findings required by this code:

a. The development will result in a density that is no higher than otherwise permitted in the zoning district and open space standards that are no less than required for a similar development within the zoning district;

b. The design of the development provides for a comprehensive and harmonious arrangement of buildings, open spaces, circulation ways, parking, and development amenities; and

c. The project relates to the existing and planned land use and circulation plans of the community, and does not constitute a disrupting element in the development pattern of the neighborhood.

(Ord. No. 662, § 2, 12-13-23)

In the RS and RL districts, urban lot splits consistent with California Government Code Section 66411.7 and Title 16, Subdivisions, of the Morro Bay Municipal Code, are allowed consistent with the following:

A. No more than two new lots shall be created.

B. Each new lot shall be at least one thousand two hundred square feet in size and at least forty percent of the area of the original lot.

C. The urban lot split shall not involve a lot that has been established through prior exercise of an urban lot split.

D. Neither the owner of the lot being subdivided nor any person acting in concert with the owner may have previously subdivided an adjacent parcel using an urban lot split.

E. The urban lot split shall not be located in any of the following areas:

1. Prime farmland or farmland of statewide importance.

2. Wetlands.

3. High or very high fire hazard severity zone.

4. Hazardous waste site.

5. Within a delineated earthquake fault zone.

6. Within a special flood hazard area/subject to a letter of map revision.

7. Within regulatory floodway.

8. Lands identified for conservation in an adopted natural community conservation plan.

9. Habitat for protected species.

10. Lands under conservation easement.

11. Within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance

F. The urban lot split shall not require demolition or alteration of any of the following types of housing:

1. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

2. Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.

3. A lot on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within fifteen years before the date that the development proponent submits an application.

4. Housing that has been occupied by a tenant in the last three years.

G. Applicant Occupancy Required. The applicant for an urban lot split shall sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approved urban lot split.

1. Exception. This requirement does not apply to an applicant that is a community land trust or qualified nonprofit corporation.

H. Maximum Number of Units. A maximum of two residential units are allowed per lot, inclusive of accessory dwelling units and junior accessory dwelling units.

I. Development Standards. Development on lots created by urban lots splits shall comply with all provisions of the base, overlay, or specific plan district in which it is located, except as modified by this section.

1. Interior Side and Rear Setbacks. A minimum four foot side and rear setback is required; however, no setback is required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.

2. Parking. A minimum of one space per unit shall be required unless:

a. The lot is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.

b. There is a car share vehicle located within one block of the lot.

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

J. Review Procedures. A parcel map for an urban lot split consistent with California Government Code Section 66411.7 and Title 16, Subdivisions, of the Morro Bay Municipal Code shall be ministerially approved.

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

K. If located in the coastal zone, the project must also be found consistent with all applicable provisions of the LCP, including those specified in Section 17.14.040 B.

(Ord. No. 662, § 2, 12-13-23)