Morro Bay Municipal Code § 17.42.030 Review authority

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)

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.

1. 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)

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)

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)

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)

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)