Morro Bay Municipal Code § 17.23.050 Encroachments into required setbacks (IP)

The purpose of this chapter is to prescribe development and site regulations that apply, except where specifically stated, to development in all districts. These standards shall be used in conjunction with the standards for each district and overlay district, including the coastal resource protection (CRP) overlay district, established in Division II, District Regulations. In any case of conflict, the standards specific to the district shall override these regulations.

(Ord. No. 662, § 2, 12-13-23)

A. Applicability.

1. The provisions of this section apply to roofed structures, including but not limited to garages, carports, sheds, workshops, gazebos, and covered patios, that are detached from and accessory to the main building on the site. These provisions also apply to open, unroofed structures such as play equipment, decks and trellises, that are over eighteen inches in height and that are detached from and accessory to the main building on the site.

2. When an accessory structure is attached to the main building, it shall be made structurally a part of and have a common wall or roof with the main building and shall comply in all respects with the requirements of this title applicable to the main building.

B. Relation to Existing Structures. A detached accessory structure shall only be constructed on a lot on which there is a permitted main building to which the accessory building is related.

C. Development Standards. Accessory structures shall meet the setback, height, and lot coverage requirements of the district in which it is located in addition to the following:

1. Roofed accessory structures eight feet in height or more or one hundred twenty square feet or greater in size shall be at least six feet from any dwelling existing or under construction, either on the same lot or an adjacent lot.

2. Roofed accessory structures shall not project beyond the front building line of the main building on site.

D. Laundry and Utility Sink Plumbing. A detached accessory structure may have plumbing for a washer, dryer, and/or utility sink provided that it has an open floor plan without interior partitions.

E. Bathrooms. Bathrooms located in accessory structures not approved for living space shall only be permitted when a deed restriction, subject to the approval of the city attorney, is recorded to run with the property restricting the bathroom and adjoining space from being converted into living space for residential purposes.

F. Guesthouses. Detached guesthouses are allowed in the agriculture district and in residential districts subject to the following:

1. Limitation. Only one guesthouse is allowed per lot. Guesthouses shall not be allowed on a lot with an accessory dwelling unit except as allowed through conditional use permit approval on a lot seven thousand five hundred square feet or more in size.

2. Size and Configuration. A guesthouse shall not contain more than six hundred forty square feet of habitable floor area, nor shall it exceed thirty percent of the floor area of the primary single-unit dwelling.

3. Facilities. Guesthouses may contain conditioned space, a toilet, shower, and sink. Cooking or food preparation facilities are prohibited.

4. Use. A guesthouse shall not be used for residential occupancy independent from the primary single-unit dwelling or as a dwelling unit for rent.

(Ord. No. 662, § 2, 12-13-23)

A. Applicability. No building or structure in the city can be demolished, removed, or relocated, except as authorized under the provisions of this section.

B. Demolition Defined.

1. Demolition. A demolition subject to the provisions of this section and all other applicable city regulations occurs when any of the following take place at any time over a five-year period:

a. More than fifty percent of the structural elements of the roof or roof framing is removed.

b. More than fifty percent of the structural exterior walls (or vertical supports such as posts or columns when a structure has no walls) of a structure are removed or are no longer a necessary and integral structural component of the overall building.

c. More than fifty percent of the foundation system is removed or is no longer a necessary and integral structural component of the overall structure, including, but not limited to: perimeter concrete foundation, retaining walls, post and pier foundations, or similar element(s) that connect a structure to the ground and transfers gravity loads from the structure to the ground.

2. Calculation. The calculation for determining whether a wall has been demolished will be based on a horizontal measurement of the perimeter exterior wall removed between the structure's footings and the structure's ceiling. The calculation for determining whether the roof or foundation system has been demolished will be based on the lineal feet of the foundation system, count of post and piers, or overall square footage of that individual element.

3. Removal. The removal of a building for relocation to another lot is considered a demolition.

C. Coastal Development Permit Required in the Coastal Resource Protection (CRP) Overlay District. Demolition is considered development pursuant to Section 17.54.020 D, Development. No building permit or demolition permit will be issued by the city for any development that requires a coastal development permit under the California Coastal Act of 1976 or Public Resources Code § 30000 et seq. until such time as a coastal development permit has been issued for such development.

(Ord. No. 662, § 2, 12-13-23)

A. Any lot or parcel of land that was legally created through a recorded deed may be used as a building site even when consisting of less area, width, or depth than that required by the regulations for the district in which it is located.

B. No substandard lot can be further reduced in area, width, or depth, unless such reduction is required as part of a public improvement.

C. A substandard lot will be subject to the same setback and density requirements as a standard lot.

(Ord. No. 662, § 2, 12-13-23)

Where setbacks are required in this title, they shall be not less in depth or width than the minimum dimension specified, and they shall be at every point open and shall not be obstructed with non-movable features from the ground upward, except as provided in Table 17.23.050, Allowed Encroachments into Required Setbacks, or as specifically identified in another section of this title. Flags and flag poles are not allowed within required setback areas. The encroachments allowed in Table 17.23.050 are solely for specified zoning setbacks (for front, side, and rear yards) and not for any coastal resource setbacks (e.g., related to coastal bluffs/beaches or sensitive habitats).

TABLE 17.23.050: ALLOWED ENCROACHMENTS INTO REQUIRED SETBACKS

(Ord. No. 662, § 2, 12-13-23)

Fences, walls, dense hedges, and similar structures shall comply with the standards of this section.

A. Maximum Height. The maximum allowed height of fences, walls, dense hedges, and related structures is as follows:

1. Front and Corner Side Setbacks.

a. Solid Fences, Walls, Dense Hedges, and Similar Structures. Solid fences, walls, dense hedges, and similar structures may be a maximum of three feet high within the required front and corner side setback except on parcels north of Alva Paul Creek and east of Highway One where solid fences, walls, dense hedges, and similar structures may be a maximum of four feet. Fence heights in existence as of date of adoption of Ordinance 662 shall be considered legal, non-conforming and allowed to remain to the maximum height of six and one-half feet.

b. Open Fences, Walls, Hedges, and Similar Structures. Fences, walls, hedges, and similar structures with fifty percent or more of the surface open to the passage of air and light may be a maximum of four feet high within the required front and corner side setback except on parcels north of Alva Paul Creek and east of Highway One where such open fences, walls, dense hedges, and similar structures may be a maximum of five feet. Fence heights in existence as of date of adoption of Ordinance 662 shall be considered legal, non-conforming and allowed to remain to the maximum height of six and one-half feet.

2. Areas Outside Front and Corner Side Setbacks. Fences, walls, dense hedges, and similar structures located outside the required front and corner side setback areas may be a maximum of six feet, six inches high.

3. Decorative Features. One pedestrian entry gateway, trellis, or other entry structure is permitted in the required front or street-facing side yard of each lot, provided that the maximum height or width of the structure does not exceed ten feet. Such decorative feature shall not have any solid obstruction that exceeds two feet in diameter between the height of three and ten feet.

4. Exceptions. The director may allow additional height, up to two feet with zoning clearance approval, where the location or characteristics of the site warrant additional height for safety or security purposes.

a. Additional height may be allowed with minor use permit approval for fences, walls, dense hedges, and similar structures to enclose commercial or industrial uses, tennis courts, or similar areas.

[Figure: FIGURE 17.23.060(A): MAXIMUM HEIGHT, FENCE AND FREESTANDING WALLS]

FIGURE 17.23.060(A): MAXIMUM HEIGHT, FENCE AND FREESTANDING WALLS

B. Separation. Fences, walls, and similar structures located parallel to or within forty-five degrees of another shall be located a minimum of three feet apart. The area between the fences, walls, or similar structures shall be landscaped.

[Figure: FIGURE 17.23.060(B): REQUIRED SEPARATION, FENCE AND FREESTANDING WALLS]

FIGURE 17.23.060(B): REQUIRED SEPARATION, FENCE AND FREESTANDING WALLS

C. Intersection Visibility. Notwithstanding other provisions of this section, fences, walls, and related structures must comply with Section 17.23.180, Visibility at Intersections.

D. Materials.

1. Prohibition on Hazardous Fencing Materials. The use of barbed wire, razor wire, ultra-barrier, electrified, and other hazardous fencing is not permitted unless such fencing is required by any law or regulation of the city, the State of California, Federal Government, or other public agency. An exception to this standard may be approved for sites in an industrial district, according to the procedures of Chapter 17.42, Modifications.

2. Limitation on Chain-Link Fencing. Chain-link fencing is not permitted in residential districts.

3. Limitation on Concrete Block. Plain, concrete block is not permitted as a fencing material. Concrete block must be finished with stucco and capped with a decorative cap.

E. Maintenance. All walls and fences shall be maintained in a safe, neat and orderly condition at all times.

(Ord. No. 662, § 2, 12-13-23)

The structures listed in the following table may exceed the maximum permitted height for the district in which they are located, subject to the limitations stated and further provided that no portion of a structure in excess of the building height limit may contain habitable area or advertising.

TABLE 17.23.070: ALLOWED PROJECTIONS ABOVE HEIGHT LIMITS

(Ord. No. 662, § 2, 12-13-23)

A. Applicability. The standards of this section apply to all new development and to exterior alterations and additions that involve replacement light fixtures or systems, except as provided below.

1. Exemptions. The following lighting is exempt from the provisions of this section.

a. Public and Private Street Lighting.

b. Athletic Field Lights. Athletic field lights used within a school campus or park.

c. Safety and Security Lighting. Safety and security lighting for public facilities.

d. Construction and Emergency Lighting. All construction or emergency lighting fixtures, provided they are temporary and are discontinued immediately upon completion of the construction work or abatement of the emergency.

e. Seasonal Lighting. Seasonal lighting displays related to cultural or religious celebrations.

f. City-Sanctioned Special Events. Lighting in conjunction with a city-sanctioned special event.

B. Prohibitions. The following types of exterior lighting are prohibited.

1. Searchlights. The operation of searchlights for advertising purposes.

2. Mercury Vapor. Mercury vapor lights.

3. Other Light Types. Laser lights or any other lighting that flashes, blinks, alternates, or moves.

C. Exterior Lighting Plan Required. In the coastal resource protection (CRP) overlay district, an exterior lighting plan pursuant to Section 17.14.090 B, Exterior Lighting, is required.

D. General Requirements. Exterior lighting shall be designed to be an integral part of the built environment, reflecting a balance for the lighting needs with the contextual ambient light level and surrounding nighttime characteristics of the community. Lighting for commercial installations adjacent to or near residential uses shall be compatible with and not directly illuminate nearby residential uses.

1. Required Illumination.

a. Sites Serving Three or More Residential Units.

i. Lighting in parking areas, garage areas, and carport areas shall be maintained with a minimum of one foot-candle of illumination at the ground level during the hours of darkness.

ii. Aisles, passageways, and recesses related to and within the site shall be illuminated with an intensity of at least 0.25 foot-candles at the ground level during the hours of darkness.

b. Non-residential Buildings. All exterior doors, during the hours of darkness, shall be illuminated with a minimum of 0.5 foot-candle.

c. Parking Areas. Parking areas consisting of four or more parking spaces shall be illuminated with a minimum of one foot-candle at ground level.

2. Maximum Height.

a. Within one hundred feet of a residential district: Sixteen feet.

b. Other Locations: Twenty-five feet.

c. Exceptions: The planning commission may allow additional height for activities, uses, or development with unique lighting needs; for accentuating historic architectural features of a building, accentuating signage and/or landscape features; or for security purposes.

[Figure: FIGURE 17.23.080(C)(2): MAXIMUM HEIGHT, LIGHTING, AND ILLUMINATION]

FIGURE 17.23.080(C)(2): MAXIMUM HEIGHT, LIGHTING, AND ILLUMINATION

3. Design of Fixtures. Fixtures shall be appropriate to the style and scale of the architecture. Fixtures on buildings shall be attached only to walls or eaves, and the top of the fixture shall not exceed the height of the parapet or roof or eave of roof.

4. Timing Controls. All exterior lighting in non-residential development shall be on a time clock or photo-sensor system and turned off during daylight hours and during hours when the building or, in the case of shopping centers, all buildings, are not in use and the lighting is not required for security.

5. Trespass. All lights shall be directed, oriented, and shielded to prevent light trespass or glare onto adjacent properties. The light level at property lines shall not exceed 0.3 foot-candles.

(Ord. No. 662, § 2, 12-13-23)

Motorhomes, recreational vehicles, or other vehicles shall not be used for human habitation or occupied for living or sleeping quarters except when installed within a licensed trailer court, recreational vehicle park or mobilehome park. Recreational vehicles, motor homes or boats maintained upon any lot, piece or parcel of land, other than a trailer court, trailer park or mobilehome park, shall comply with the following conditions:

A. Outside Maintenance. Such vehicle or boat shall not be maintained in any required front yard or side street yard.

B. Use as a Residence. Such vehicle or boat shall not be used for sleeping quarters nor shall any sanitary or cooking facilities contained therein be used.

C. Connected to Utilities. Such vehicle or boat shall not be connected to utilities, including but not limited to electricity, gas, water or sewage.

(Ord. No. 662, § 2, 12-13-23)

Open space required by this code shall be provided in accordance with the following.

A. Configuration.

1. Private open space typically consists of balconies, decks, patios, fenced yards, and other similar areas outside the residential unit.

2. Common open space typically consists of landscaped areas, patios, swimming pools, barbeque areas, playgrounds, turf, or other such improvements as are appropriate to enhance the outdoor environment of the development; these can be located at the ground level, on parking podiums, or on rooftops, provided they are adequately landscaped.

B. Minimum Dimensions.

1. Private Open Space. Private open space located on the ground level (e.g., yards, decks, patios) shall have no dimension less than eight feet. Private open space located above ground level (e.g., balconies) shall have no dimension less than six feet.

2. Common Open Space. Minimum length and width dimension of fifteen feet.

C. Usability. A surface shall be provided that allows convenient use for outdoor living and/or recreation. Such surface may be any practicable combination of lawn, garden, flagstone, wood planking, concrete, or other serviceable, dust-free surfacing. Slope shall not exceed ten percent.

D. Accessibility.

1. Private Open Space. The space shall be accessible to only one living unit by a doorway to a habitable room or hallway.

2. Common Open Space. The space shall be accessible to the living units on the lot. It shall be served by any stairway or other accessway qualifying as an egress facility from a habitable room.

(Ord. No. 662, § 2, 12-13-23)

Storage of goods, materials, machines, equipment, and inoperable vehicles or parts outside of a building for more than seventy-two hours shall conform to the standards in Table 17.23.110, Outdoor Storage Regulations. The regulations of this section do not apply to temporary storage of construction materials reasonably required for construction work on the premises pursuant to a valid building permit or to the parking and storage of operable vehicles.

TABLE 17.23.110: OUTDOOR STORAGE REGULATIONS

(Ord. No. 662, § 2, 12-13-23)

Refuse storage and collection areas meeting the requirements of Title 8 shall be required for all new commercial and industrial projects, major redevelopments, and for all new residential projects of three or more units. Such areas shall be screened from public view in an attractive manner. The type, location, and method of screening of refuse storage and collection areas shall be approved by the director.

(Ord. No. 662, § 2, 12-13-23)

A. Applicability. The standards of this section apply to all new development and additions that expand existing floor area by ten percent or more.

1. Exceptions. Modifications to the standards of this section may be granted pursuant to Chapter 17.42, Modifications, where the review authority finds that the characteristics particular to the property or vicinity would render the required fencing or screening unnecessary or ineffective.

B. Required Screening.

1. Mechanical and Electrical Equipment. All exterior mechanical and electrical equipment shall be screened or incorporated into the design of buildings so as not to be visible from public rights-of-way and locations identified in the general plan/LCP land use plan areas from which there are visually significant views.

a. Equipment to be screened includes, but is not limited to, all roof-mounted equipment, air conditioners, heaters, utility meters, cable equipment, telephone entry boxes, backflow preventions, irrigation control valves, electrical transformers, pull boxes, and all ducting for air conditioning, heating, and blower systems.

b. Screening materials shall be consistent with the exterior colors and materials of the building.

c. Exceptions may be granted by the director where screening is infeasible due to health and safety or utility requirements.

2. Common Property Lines. A screening wall shall be provided on the interior lot lines of any lot that contains any use in the industrial use classification or the transportation, communication, and utilities use classification except telecommunications facilities, and abuts a residential district or property used for residential purposes.

a. Timing. The screening wall shall be provided at the time of new construction or expansion of buildings, or changes from one use classification to another use classification.

b. Location. Screening walls shall follow the lot line of the lot to be screened unless the director finds that screening in another location on the lot will substantially screen the subject building, facility, or activity.

c. Height. The screening wall shall be four feet in height within the required front setback of the subject lot and adjacent to the required front setback of the adjacent residential lot and six feet, six inches in height in other locations.

d. Materials. The screening wall shall be solid masonry.

3. Outdoor Storage Areas. Outdoor storage areas shall be screened from public rights-of-way, adjacent residential districts, and publicly accessible open space area with a solid masonry wall a minimum of six feet in height.

[Figure: FIGURE 17.23.130(B.3): SCREENING, OUTDOOR STORAGE AREAS]

FIGURE 17.23.130(B.3): SCREENING, OUTDOOR STORAGE AREAS

4. Public Utility Substations and Electrical Transformer Yards. Public utility substations and electrical transformer yards shall be screened from public rights-of-way and adjacent properties with a solid wall.

C. Substitute Materials.

1. Plant Materials. Screening comprised of plant materials may be substituted for a wall or fence when approved by the director as a suitable alternative provided such hedge is maintained at the minimum height required by this section.

2. Landscaped Berms. A landscaped berm may be substituted for a wall or fence provided that the combination of berm and landscaping is no less than the required height of the fence or wall and the berm is constructed with a maximum slope of 1:3 with side slopes designed and planted so as to prevent erosion.

3. Chain Link Fencing. Chain link fencing with vertical slats may be substituted for a solid wall or fence in an industrial district except where screening and fencing is required adjacent to a residential district or a location identified in the general plan/LCP land use plan areas from which there are visually significant views.

D. Maintenance. Screening walls shall be maintained in good repair, including painting, if required, and shall be kept free of litter or advertising. Where hedges are used as screening, trimming or pruning shall be employed as necessary to maintain the required and the maximum allowed height.

(Ord. No. 662, § 2, 12-13-23)

The following standards apply to development on lots with an average slope of fifteen percent or greater prior to grading.

A. Downhill Facing Building Elevation. The building elevation facing the downslope shall have a maximum height of twenty feet from finished grade with sufficient articulation from that building face to the next highest story to minimize the visual height and bulk as viewed from the lowest finished grade.

B. Articulation. The apparent size of exterior wall surfaces visible from off the site shall be minimized through the use of bays, recesses, stepbacks, overhangs, landscaping, and/or other means of horizontal and vertical articulation to create changing shadow lines and break up massive forms.

C. Foundation Design. The use of multi-level foundations (floor levels separated by a minimum of four feet) shall be the standard design for residential structures unless an alternative design, with less grading, is approved through the design review process as more appropriate for the site.

D. Underfloors. Areas between the lowest floor and finished grade shall not exceed six feet in height.

E. Decks. No portion of the walking surface of a deck with visible underpinnings shall exceed a height of six feet above grade. Decks shall be integrated into the architecture of the structure, and not appear as an add-on to the primary building mass.

[Figure: FIGURE 17.23.140: SLOPING LOTS]

FIGURE 17.23.140: SLOPING LOTS

(Ord. No. 662, § 2, 12-13-23)

Vehicles, including trucks, cars, boats, motorcycles, and recreational vehicles, shall not be permitted to be parked or stored on private property in a location viewable from public rights-of-way in any district for the primary purpose of sale or rental, except on the premises of a business enterprise authorized to conduct such sale or rental unless specifically approved by the director.

(Ord. No. 662, § 2, 12-13-23)

Swimming pools, spas, and any body of water having a depth of more than eighteen inches and related equipment shall comply with the setback requirements in Table 17.23.160, Swimming Pool and Spa Setbacks. The setback is measured to the outside wall of the water-containing portion of the swimming pool or spa.

TABLE 17.23.160: SWIMMING POOL AND SPA SETBACKS

(Ord. No. 662, § 2, 12-13-23)

All electrical, telephone, cable television, and similar distribution lines providing direct service to a project shall be installed underground within the site. This requirement may be waived by the director upon determining that underground installation is infeasible, in which case the utilities shall be placed outside of public view and/or appropriately screened with landscaping.

(Ord. No. 662, § 2, 12-13-23)

A. On any corner lot, there shall be a triangular area at the corner of the property at the intersection of the streets, which shall be kept clear of visual obstructions from the height of three to seven feet.

B. Such triangular area shall have sides which extend a minimum of ten feet along each street; provided, that the city engineer may require a larger triangular area if deemed necessary due to topography, curving rights-of-way or any other factor.

C. Upon the approval of the city engineer, this requirement may be waived for development at controlled intersections (i.e., intersections with stop signs or signals for travelers along at least one right-of-way).

[Figure: FIGURE 17.23.180: VISIBILITY AT INTERSECTIONS]

FIGURE 17.23.180: VISIBILITY AT INTERSECTIONS

(Ord. No. 662, § 2, 12-13-23)