Morro Bay Municipal Code Ch. 17.30 Standards for Specific Uses

The purpose of this chapter is to establish standards for the location, site planning, development, and operations of certain land uses that are allowed by Division II, District Regulations, within individual or multiple districts, and for activities that require special standards to minimize the impacts of these uses and activities on surrounding properties and to protect the health, safety, and welfare of their occupants and of the general public.

(Ord. No. 662, § 2, 12-13-23)

Each land use and activity covered by this chapter shall comply with the requirements of the section applicable to the specific use or activity, in addition to any applicable standard this zoning code requires in the district where the use or activity is proposed and all other applicable provisions of this code.

A. The uses that are subject to the standards in this chapter shall be located only where allowed by base or overlay district use regulations or by a specific plan.

B. The uses that are subject to the standards in this chapter are allowed only when authorized by the planning permit required by district regulations except where this chapter establishes a different planning permit requirement for a specific use.

(Ord. No. 662, § 2, 12-13-23)

An accessory use shall be ancillary to a primary use and shall be allowed only in conjunction with a primary use or building to which it relates under the same regulations as the main use in any district. These regulations are found in the use regulation tables in Division II, District Regulations, and may be subject to specific standards found in this chapter or within each district, as specified in the tables. Accessory uses and structures are also subject to the development and site regulations found in Chapter 17.23, General Site Regulations.

(Ord. No. 662, § 2, 12-13-23)

Accessory dwelling units shall comply with all provisions of the base, overlay, or specific plan district, except as modified by this section.

A. Residential Density. An accessory dwelling unit is a residential use that is consistent with the existing general plan and zoning designations for the parcel and any accessory dwelling unit constructed pursuant to this section shall not be considered as a dwelling unit in density calculations.

B. Primary Dwelling Unit Required. The lot must be in a zoning district that allows single-unit, two-unit, or multi-unit dwellings and contain an existing primary dwelling unit at the time an application for an accessory dwelling unit is submitted, or the application for the accessory dwelling unit may be made in conjunction with the development of the primary dwelling. Covenants, conditions, and restrictions that either effectively prohibit or unreasonably restrict the construction or use of an accessory dwelling unit or a junior accessory dwelling unit in such a zoning district are void and unenforceable per Civic Code Section 4751.

C. Number and Type of Units.

1. Lots with Existing or Proposed Single-Unit Dwellings.

a. One detached accessory dwelling unit; and

b. One accessory dwelling unit converted from existing space within a proposed or existing primary home or within the existing space of an accessory structure; and

c. One junior accessory dwelling unit within the existing or proposed space of a single-unit dwelling, including an attached garage.

2. Lots with Existing or Proposed Two-Unit or Multi-Unit Dwellings.

a. Accessory dwelling units up to the number of existing multi-unit dwellings, with a maximum of eight, that must be detached from the primary units; or

b. Up to two accessory dwelling units on properties with a proposed multi-family dwelling; and

c. Up to twenty-five percent the number of units within a multi-unit structure, with a minimum of one accessory dwelling unit, constructed within portions of the multi-unit structure that are not used as livable space.

d. Junior accessory dwelling units are prohibited on multi-family properties.

D. Standards for Attached and Detached Accessory Dwelling Units.

1. Floor Area.

a. Detached Accessory Dwelling Units. Maximum one thousand square feet of interior livable space for studio and one-bedroom accessory dwelling units, up to one thousand two hundred square feet of interior livable space for accessory dwelling units with two or more bedrooms.

b. Attached Accessory Dwelling Units. The total floor area of an accessory dwelling unit that is attached to the primary dwelling unit shall not exceed one thousand square feet of interior livable space.

2. Setbacks. Accessory dwelling units shall comply with the setback standards applicable to other structures within the district in which the lot is located except that the minimum interior side and rear setbacks shall be four feet.

3. Design and Materials. The exterior design and materials of the accessory dwelling unit shall match the architecture and materials used in the primary building.

E. Standards for Accessory Dwelling Units Constructed Within Existing or Proposed Structures. For purposes of this subsection, in order to be considered an existing structure, the structure must be a legally permitted structure that conforms to current zoning or is legal nonconforming as to current zoning.

1. Floor Area. The accessory dwelling unit shall be contained entirely within the permitted floor area of the primary residence or accessory structure on the same lot as the primary residence. A maximum one hundred fifty square feet expansion to existing floor area is allowed to accommodate ingress and egress for accessory dwelling units that are not designed as junior accessory dwelling units.

2. Exterior Access. Exterior access that is independent from the primary residence shall be provided.

3. Setbacks. The interior setbacks shall be sufficient for fire and safety.

4. Junior Accessory Dwelling Unit. Accessory dwelling units within existing or proposed single-unit dwellings may be designed as a junior accessory dwelling units subject to the following standards.

a. Floor Area. Maximum five hundred square feet of interior livable space.

b. Efficiency Kitchen Required. The junior accessory dwelling unit shall have an efficiency kitchen which shall include all of the following.

i. A cooking facility with appliances, including at a minimum a one burner installed range, an oven or convention microwave, a ten cubic foot refrigerator and freezer combination unit, and a sink that facilitates cold and hot water.

ii. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

c. Sanitation Facilities. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure. A junior accessory dwelling unit that shares sanitation facilities with the existing single-unit dwelling shall provide interior access to the existing single-unit dwelling that is separate from the exterior access.

d. Owner Occupancy Required. The owner of the single-unit dwelling in which the junior accessory dwelling unit is located shall reside in either the remaining portion of the structure or the junior accessory dwelling unit, if the junior accessory dwelling unit includes separate sanitation facilities from the existing structure.

F. Conversions.

1. Setbacks. No setback shall be enforced for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit.

2. Parking. If enclosed or covered parking for the primary dwelling is converted or demolished in conjunction with the construction of an accessory dwelling unit, replacement parking is not required, except as provided in Section 17.14.040 B.

G. Required Parking. Automobile parking is not required for an accessory dwelling unit, except as provided in Section 17.14.040 B. Required parking for the primary dwelling shall be provided pursuant to Chapter 17.27, Parking and Loading.

H. Sale Limitations. Accessory dwelling units may be rented separately from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence, except as allowed pursuant to Government Code Section 65852.2. Junior accessory dwelling units are prohibited from being sold separately from the primary residence.

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

J. Permit Review.

1. Permit applications for accessory dwelling units shall be considered and approved ministerially without discretionary review or a hearing within sixty days from receipt of a completed application if there is an existing single-family or multifamily dwelling on the lot or when the permit application for a proposed single-unit or multi-unit dwelling is acted upon. All agencies involved in the review of an accessory dwelling unit permit, including utility districts, city departments, and special corporations, shall be subject to the sixty-day review period.

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

3. Permit applications for accessory dwelling units and junior accessory dwelling units shall not require, as a condition of approval, the correction of nonconforming zoning conditions, building code violations, or unpermitted structures on the property that do not present an imminent threat to public health and safety and are not affected by the construction of the new unit.

K. Development Impact Fees. Payment of development impact fees are required as follows:

1. ADUs with a floor area of seven hundred fifty square feet of interior livable space or less shall not pay development impact fees.

2. JADUs with a floor area of five hundred square feet or less of interior livable space shall not pay development impact fees.

3. ADUs with floor area greater than seven hundred fifty square feet shall be charged development impact fees that are proportional in relation to the square footage of the primary structure, shown on the master fee schedule.

4. ADUs and JADUs with a floor area of five hundred square feet or less of interior livable space shall not pay school impact fees.

(Ord. No. 662, § 2, 12-13-23; Ord. No. 677, § 3(Exh. B), 2-24-26)

A. Purpose and Intent. The intent of this section is to regulate adult entertainment businesses to promote the health, safety and general welfare of the citizens of the city to prevent community wide adverse economic impacts, increased crime, decreased property values, and the deterioration of neighborhoods which can be brought about by the concentration of adult entertainment businesses in close proximity to each other in proximity to other incompatible uses such as schools for minors, religious institutions, and residential uses. Adult entertainment businesses, because of their nature, are recognized as producing negative secondary impacts, particularly when these businesses are concentrated or located near sensitive uses. The purpose of this chapter is to establish reasonable and uniform regulations to reduce or eliminate the adverse secondary effects and prevent any deleterious location or concentration of adult entertainment businesses, while permitting the location of adult entertainment businesses within the city limits. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult-oriented materials. Similarly, it is not the intent nor effect of this ordinance to restrict or deny access by adults to adult-oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of adult-oriented entertainment to their intended market.

B. Applicability. The provisions of this section apply to uses operated as adult entertainment business establishments in addition to all other applicable requirements of this title. The establishment of an adult use shall include the opening of such business as a new business, the relocation of such business, the conversion of an existing business location to any adult use, or the granting of permits required of masseurs and masseuses which would have the effect of the establishment of an adult use or the intensification of an existing adult use.

C. Definitions. For purposes of this section, the following definitions shall apply:

1. "Adult entertainment business" means an adult bookstore, adult novelty store, or adult video store establishment with more than twenty-five percent of:

a. Its floor area devoted to; or

b. Stock-in-trade consisting of; or

c. Gross revenues derived from, and offering for sale for any form of consideration, any one or more of the following:

i. Books, magazines, periodicals or other printed matter, photographs, drawings, motion pictures, slides, films, tapes, videocassettes, records, or other visual or audio representations which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas,"

ii. Instruments, devices or paraphernalia which are designed to be used in connection with "specified sexual activities," or

iii. Goods which are replicas of, or which simulate "specified anatomical areas," or goods which are designed to be placed on or in "specified anatomical areas," or to be used in conjunction with "specified sexual activities."

2. "Adult live entertainment theater" means any place, building, enclosure or structure, partially or entirely used for "live adult entertainment" performances or presentations characterized by an emphasis on depicting, exposing, displaying, describing or relation to "specified sexual activities" or "specified anatomical areas" for observation by patrons or customers therein.

3. "Live adult entertainment" means any physical human body activity, whether performed or engaged in alone or with other persons, including but not limited to singing, walking, speaking, dancing, acting, posing, simulation, wrestling or pantomiming, in which the performer or performers expose to public view without opaque covering "specified anatomical areas" for entertainment value for any form of consideration.

4. "Adult motion picture or video arcade" means any business wherein coin, paper, note, or token operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to four or fewer persons per machine, at any one time, and where the predominant character or theme of the images so displayed is distinguished or characterized by its emphasis on matter depicting, or relating to "specified sexual activities" or "specified anatomical areas."

5. "Adult motion picture theater" means any business, other than a hotel or motel which provides closed circuit viewing to each individual room as a secondary service to its motel customers, with the capacity of five or more persons where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions in which the predominant character and theme is distinguished or characterized by its emphasis on matter depicting or relating to "specified sexual activities" or "specified anatomical area" as defined in this section. This includes, without limitation, showing any such slides, motion picture or videos by means of any video tape system, which has a display, viewer, screen, or a television set.

6. "Public building" means any building owned, leased or held by the United States, the state, the county, the city, any special district, school district, or any other agency or political subdivision of the state or the United States, such as City Hall, county offices, library, community centers, post offices, police and fire stations.

7. "Public park" or "recreation area" means public land which has been designated for park or recreational activities, including but not limited to a park, playground, nature trails, swimming pool, athletic field, basketball court, tennis court, pedestrian or bicycle paths, beaches, open space, or similar public land within the city or which is under the control, operation or management of the city recreation and parks department.

8. "Religious institution" means any church, synagogue, mosque, temple, or building which is used primarily for religious worship, religious education and related religious activities.

9. "School" means any public or private educational facility primarily attended by minors including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, primary school, intermediate schools, junior high schools, middle schools, secondary schools, vocational schools, continuation schools, special education schools, and includes school grounds.

10. "Specified anatomical areas" shall include the following:

a. Less than completely and opaquely covered human genitals, pubic region, buttock, anus, and/or the female breast below a point immediately above the top of the areola; and

b. Human male genitals in a discernibly turgid state even if completely and opaquely covered.

11. "Specified sexual activities" shall include the following:

a. Actual or simulated sexual intercourse, oral copulation and intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or

b. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or

c. Human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or

d. Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or

e. Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or

f. Erotic or lewd touching, lewd fondling or other lewd contact with an animal by a human being; or

g. Human excretion, urination, menstruation, vaginal or anal irrigation.

D. Exceptions. An "adult entertainment business" shall not include:

1. Bona fide medical establishments operated by properly licensed and registered medical and psychological personnel with appropriate medical or professional credentials for the treatment of patients.

2. Persons depicting "specified anatomical areas" in a modeling class operated:

a. By a college, junior college, or university supported entirely or partly by public revenue; or

b. By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by public revenue; or

c. Where, in order to participate in a class a student must enroll at least three days in advance of the class.

3. The practice of massage in compliance with the city of Morro Bay Municipal Code, is not in violation of this section.

E. Location of Adult Entertainment Businesses. Adult entertainment businesses, as defined in this section, shall only be established in the CC or DC districts and shall be located a minimum of five hundred feet away from the following sensitive uses: religious institutions, schools, public parks or recreation areas, public buildings and other adult entertainment businesses.

1. Adult entertainment businesses locating within five hundred feet of any residential use shall be subject to additional design and performance standards to help mitigate potential impacts.

2. Distance shall be measured in a straight line, without regard to intervening structures, from the closest property line of the adult entertainment business to the closest property line of the sensitive use or residential use.

F. Design and Performance Standards. The establishment or operation of an adult entertainment business shall comply with the applicable fees and site development standards, including, but not limited to, parking and design review, and the requirements of the Uniform Codes and building regulations and standards adopted by the city of Morro Bay. An adult entertainment business shall comply with the following design and performance standards:

1. Signs, advertisements, displays, or other promotional materials depicting or describing "specified anatomical areas" or "specified sexual activities" or displaying instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities" shall not be shown or exhibited so as to be discernible by the public beyond the walls of the building or portion thereof in which the adult entertainment business is conducted.

2. Each adult entertainment business shall have a business entrance separate from any other non-adult business located in the same building.

3. All building openings, entries, and windows for an adult entertainment business shall be located, covered or screened in such a manner as to prevent a view into the interior of an adult entertainment business from any area open to the general public.

4. No adult entertainment business shall be operated in any manner that permits the observation by the public of any material or activity depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" from any public way or from any location beyond the walls of the building or portion thereof in which the adult entertainment business is conducted.

5. The building entrance to the adult entertainment business shall be clearly and legibly posted with a notice indicating that minors are precluded from entering the premises.

6. No loudspeakers or sound equipment shall be used by an adult entertainment business for amplification of sound to a level discernible by the public beyond the walls of the building or portion thereof in which the adult entertainment business is conducted.

7. Each adult entertainment shall be provided with a manager's station which shall be used for the purpose of supervising activities within the business. A manager shall be on the premises during all times that the adult entertainment business is open to the public.

8. The interior of the adult entertainment business shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the adult entertainment business to which any patron is permitted access for any purpose, excluding restrooms. If the adult entertainment business has two or more manager's stations designated, then the interior of the adult entertainment business shall be configured in such a manner that there is an unobstructed view of each area of the adult entertainment business to which any patron is permitted access for any adult purpose, excluding restrooms, from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.

9. No individual viewing area may be occupied by more than one person at any one time. "Individual viewing area" shall mean a viewing area designed for occupancy by one person. Individual viewing areas of the adult entertainment business shall be operated and maintained without any hole or other opening or means of direct communication or visual or physical access between the interior space of two or more individual viewing areas.

10. Off-street parking shall be provided for the adult entertainment business as specified in accordance with the parking provisions.

11. The following additional requirements shall pertain to adult businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities:

a. No person shall perform live entertainment for patrons of an adult business except upon a stage at least eighteen inches above the level of the floor which is separated by a distance of at least six feet from the nearest area occupied by patrons, and no patron shall be permitted within six feet of the stage while the stage is occupied by an entertainer. "Entertainer" shall mean any person who is an employee or independent contractor of the adult business, or any person who, with or without any compensation or other form of consideration, performs live entertainment for patrons of an adult business.

b. The adult business shall provide separate dressing room facilities for entertainers which are exclusively dedicated to the entertainer's use.

c. The adult business shall provide an entrance/exit for entertainers which is separate from the entrance/exit used by patrons.

d. The adult business shall provide access for entertainers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the adult business shall provide a minimum three-foot wide walk aisle for entertainers between the dressing room area and the stage, with a railing, fence, or other barrier separating the patrons and the entertainers capable of (and which actually results in) preventing any physical contact between patrons and entertainers.

e. No entertainer acting within the scope of their employment, either before, during, or after performances, shall have physical contact with any patron, and no patron shall have physical contact with any entertainer either before, during, or after performances by such entertainer.

12. An off-site security program shall be prepared and implemented including the following items:

a. All off-street parking areas and building entries serving the adult entertainment business shall be illuminated during all hours of operation with a lighting system which provides a minimum maintained horizontal illumination of one foot-candle (ten luxes) (one candlepower) of light on the parking surface and/or walkway;

b. All interior portions of the adult entertainment business, except those areas devoted to mini-motion or motion pictures shall be illuminated during all hours of operation with lighting system which provides a minimum maintained horizontal illumination of not less than two foot-candles (twenty luxes) (two candlepower) of light on the floor surface;

c. Security guards for other adult businesses may be required if it is determined by the chief of police that their presence is necessary in order to prevent any unlawful conduct from occurring on the premises.

The foregoing applicable requirements shall be deemed conditions of a permit for an adult business and failure to comply with every such requirement shall be grounds for revocation of the permit issued pursuant to these regulations.

G. Additional Design and Performance Standards When Located Near a Residential Use. The following requirements apply to adult entertainment businesses which locate within five hundred feet of residential uses:

1. There shall be an intervening street between the residential use and the adult entertainment business;

2. No access from an adult entertainment business to a residential street shall be permitted;

3. A six-foot tall barrier shall be constructed to prevent pedestrian and vehicular access to the adult entertainment business from the residential street;

4. The barrier shall be screened by landscaping to provide a more aesthetically pleasing appearance.

H. Application Requirements. Adult entertainment business permit applications shall be submitted for review and approval by the director.

1. In addition to the submittal and review requirements for a permit as specified in the city's code, the following must be submitted prior to an application being deemed complete:

a. The name and permanent address of applicant;

b. The name and proposed business address of the applicant. If the applicant is a corporation, the name must be exactly as set forth in its articles of incorporation and the applicant shall show the name and residence address of each of the officers, directors, and each stockholder owning not less than twenty-five percent of the stock of the corporation. If the applicant is a partnership, the applicant shall show the name and residence address of each of the members, including limited partners;

c. A detailed description of the proposed entertainment, including type of entertainment and number of persons engaged in the entertainment;

d. A diagram of the premises showing a floor plan thereof, specifying where the specific entertainment uses are proposed to be conducted within the building, the location of one or more manager's stations, the location of all overhead lighting, fixtures, and designating any portion of the premises in which patrons will not be permitted;

e. Hours of operation and the admission fee, if any, to be charged;

f. The name or names of the person or persons who have the management or supervision responsibilities of the applicant's business, and of any entertainment;

g. A statement of the nature and character of the applicant's business, if any, to be carried on in conjunction with such entertainment;

h. A site area map showing the proposed business location and plotting all of the listed sensitive uses within five hundred feet of the proposed location;

i. A mailing list of all property owners within one thousand feet of the proposed business location.

2. Prior to the issuance of a permit, the police department shall complete a background investigation of all parties identified in subsections (1)(a) and (1)(b) of this section.

I. Required Findings for Approval. The city council finds and determines that there are substantial adverse secondary effects of adult entertainment businesses, which secondary effects include, among other things, an increase in crime and a decrease in property values and retail trade. There is a need to regulate adult entertainment businesses because of the adverse secondary effects of such businesses. The following additional findings are to be made by the director prior to the approval of any permit for an adult entertainment business:

1. The adult entertainment business and its proposed site are consistent with the general plan;

2. The proposed use will not adversely affect the adjacent neighborhood;

3. The proposed site has an appropriate shape and is of sufficient size to allow the development of the proposed use without detrimental effects to the surrounding area;

4. The proposed use complies with all applicable city, county, state and other governmental laws.

J. Time Limit for Action on Application. Within sixty days of receipt of a completed application, the director shall act to approve or deny the application in accordance with the provisions of this section, and so notify the applicant. No such action to approve or deny the application shall take place prior to noticing those property owners within one thousand feet of the proposed business location. Said noticing shall occur at least thirty days prior to the director's final action.

K. Appeal of Director Action. After denial or approval of an application for an adult entertainment business permit, the applicant, or an aggrieved person, may seek review of such administrative action by the city council upon filing a request with the city clerk within ten days of the director denial or approval action. The request for additional review shall be scheduled before the city council within sixty days of the filing with the city clerk. If the denial or approval is affirmed on review, the applicant or aggrieved person may seek prompt judicial review of such administrative action pursuant to California Code of Civil Procedure Section 1094.5. The city shall make all reasonable efforts to expedite judicial review, if sought by the applicant.

L. Inspection. An applicant or permittee shall permit representatives of the police department, health department, planning and building department, fire department, or other city departments or agencies to inspect the premises of an adult entertainment business for the purpose of ensuring compliance with the law and the development standards applicable to adult entertainment businesses, at any time it is occupied or opened for business. A person who operates an adult entertainment business or his or her agent or employee is in violation of the provisions of the section if he or she refuses to permit such lawful inspection of the premises at any time it is occupied or opened for business.

M. Violations. It shall be unlawful to establish or operate an adult entertainment business in violation of this section. Any person who violates any provision of this section shall be deemed guilty of a misdemeanor. Nothing in the section shall be deemed or constituted to prevent the city from commencing any civil proceeding otherwise authorized by law for the declaration or abatement of a public nuisance.

N. Severance Clause. If any provision, section, subsection, sentence, clause or phrase of this section, or the application of same to any person or set of circumstances if for any reason is held to be unconstitutional, void or invalid, the invalidity of the remaining portions of this section shall not be affected thereby, it being the intent of the city council in adoption [of] this section that no portion thereof, or provisions, or regulation contained herein, shall become inoperative, or fail by reason of any unconstitutionality of any other portion hereof, and all provisions of this section are declared to be severable for that purpose.

(Ord. No. 662, § 2, 12-13-23)

The keeping of animals, including dogs, cats, poultry, rabbits, and other fowl, livestock, and pygmy livestock are subject to the provisions of Title 7, Animals, of the Morro Bay Municipal Code. In addition to the provisions contained in Title 7, Animals, of the Morro Bay Municipal Code, keeping of animals is subject to the following standards:

A. Bees.

1. Number of Hives. In all districts except the agriculture district, maximum of two hives per parcel unless otherwise approved with a minor use permit. No limit in the agriculture district.

2. Hive Placement Requirements.

a. Hives shall be located at least five feet from all property lines.

b. Hive entrances shall face away from or parallel to the nearest property line(s).

c. Hives must either be screened so that the bees must fly over a six-foot barrier, which may be vegetative, before leaving the property, or be placed at least eight feet above the adjacent ground level.

3. Hive Management Requirements.

a. Hives shall be continually managed to provide adequate living space for their resident bees to prevent swarming.

b. Hives shall be requeened at least once every two years to prevent swarming.

c. A water source for bees shall be provided at all times on the property where the bees are kept to discourage bee visitation at swimming pools, hose bibs and other water sources on adjacent public or private property.

d. Hive maintenance materials or equipment must be stored in a sealed container or placed within a building or other bee-proof enclosure.

4. Nuisance. Bees or hives shall be considered a public nuisance and subject to Chapter 17.48, Enforcement, when any of the following occurs:

a. Colonies of bees exhibit defensive or objectionable behavior, or interfere with the normal use of neighboring properties.

b. Colonies of bees swarm.

c. Bees or hives do not conform to this code.

d. Hives become abandoned by resident bees or by the owner.

B. Livestock. The keeping of livestock is limited to lots one acre or larger in size in the RL or AG district.

1. Livestock Density in the RL District. The maximum allowed livestock density in the RL district is two cattle or horses or four sheep or goats per acre. Where there is a combination of cattle or horses and sheep or goats, one bovine animal or horse is the equivalent of two sheep or goats.

2. Livestock Density in the AG District. The maximum allowed livestock density in the agriculture district is four cattle or horses or eight sheep or goats per acre. Where there is a combination of cattle or horses and sheep or goats, one bovine animal or horse is the equivalent of two sheep or goats. Additional density may be permitted on a temporary basis, not to exceed a period of forty-five days.

3. Exception. One livestock may be kept for temporary education projects such as FFA, 4-H, and school projects, on a lot that does not otherwise permit the keeping of livestock.

(Ord. No. 662, § 2, 12-13-23)

Automobile/vehicle sales and service establishments shall be located, developed and operated in compliance with following standards.

A. Landscaping and Screening.

1. A masonry wall at least six feet in height shall be provided along all lot lines adjacent to a residential district.

2. At least ten percent of the site shall be landscaped. All landscaped areas shall be permanently maintained in compliance with Chapter 17.25, Landscaping.

3. A landscaped planter with a minimum inside width of six feet and enclosed within a six-inch-high curb shall be provided along the front and street side property lines, except for vehicular circulation openings. A landscaping buffer with a minimum inside width of at least three feet shall be provided along all other property lines.

4. A six hundred-square-foot planter with a minimum dimension of twenty feet shall be provided at the corner of intersecting streets unless a building is located at the corner.

5. Additional screening and landscaping may be required where necessary to prevent visual impacts on adjacent properties.

B. Standards for Specific Automobile/Vehicle Sales and Leasing Activities. In addition to the other standards of this section, the following provisions apply to identified automobile/vehicle sales and leasing activities.

1. Automobile/Vehicle Sales and Leasing. Automotive servicing or repair is permitted as an accessory use for automobile/vehicle sales and leasing establishments that offer maintenance and servicing of the type of vehicles sold on site.

2. Automobile/Vehicle Service and Repair, Major and Minor. Major and minor automobile/vehicle service and repair uses, as well as any other uses, such as auto dealerships or service stations, that perform auto servicing as an accessory activity, are subject to the following standards.

a. Noise. All body and fender work or similar noise-generating activity shall be conducted within an enclosed masonry or similar building with sound-attenuating construction to absorb noise. Air compressors and other service equipment shall be located inside a building.

b. Work Areas. All work shall be conducted within an enclosed building except for the following: pumping motor vehicle fluids, checking and supplementing various fluids, and mechanical inspection and adjustments not involving any disassembly.

c. Vehicle Storage. Vehicles being worked on or awaiting service or pick-up shall be stored within an enclosed building or in a parking lot on the property that is screened in compliance with Section 17.27.110 O, Screening. Unattended vehicles may not be parked or stored on the sidewalk adjoining the property, in the street, or in any portion of the public right-of-way within the city.

d. Litter. The premises shall be kept in an orderly condition at all times. No used or discarded automotive parts or equipment or permanently disabled, junked, or wrecked vehicles may be stored outside a building.

3. Automobile/Vehicle Washing. Automobile/vehicle washing facilities are subject to the following standards.

a. Washing Facilities. No building or structure shall be located within thirty feet of any public street or within twenty feet of any interior property line of a residential district. Vehicle lanes for car wash openings shall be screened from public streets to a height of forty inches. Screening devices shall consist of walls and/or berms with supplemental plant materials.

b. Hours of Operation. Automobile/vehicle washing facilities are limited to seven a.m. to ten p.m., seven days a week. When abutting a Residential District, the hours of operation shall be between eight a.m. to eight p.m., seven days a week.

4. Service Stations. Service stations and any other commercial use that includes fuel pumps for retail sales of gasoline are subject to the following standards.

a. Pump Islands. Pump islands shall be located a minimum of twenty feet from any property line to the nearest edge of the pump island. A canopy or roof structure over a pump island may encroach up to ten feet within this distance.

b. Work Areas. All work shall be conducted within an enclosed building except: pumping motor vehicle fluids, checking and supplementing various fluids, and mechanical inspection and adjustments not involving any disassembly.

c. Abandonment. Any service station shall in the case of abandonment or non-operation of the primary use be dismantled and the site cleared within twelve months subsequent to the close of the last business day.

C. Required Findings. The decision-making authority shall only approve a use permit for an automobile/vehicle sales and service facility if it finds that:

1. The project is designed so that form and scale are harmonious and consistent with the character of the specific site, the adjacent uses and structures, and the surrounding neighborhood.

2. The site design, including the location and number of driveways, will promote safe and efficient on-site and off-site traffic circulation.

3. Service bay openings are designed to minimize the visual intrusion on surrounding streets and properties.

4. Lighting is designed to be low-profile, indirect or diffused and to avoid adverse impacts on surrounding uses.

5. The washing facility will not have an adverse impact on water supply and quality.

D. Conditions of Approval. Conditions of approval may include limitations on operational characteristics of the use; restrictions on outdoor storage and display, location of pump islands, canopies and service bay openings; and/or requirements for buffering, screening, lighting, planting areas, or other site elements, in order to avoid adverse impacts on adjacent lots or the surrounding area.

(Ord. No. 662, § 2, 12-13-23)

Day care centers shall be located, developed and operated in compliance with the following standards:

A. License. The operator shall secure and maintain a license from the State of California Department of Social Services.

B. Outdoor Space. A minimum of seventy-five square feet of outdoor space for each child who is not an infant shall be provided unless waived by the director provided the applicant can demonstrate that there is a public park, school or other public open areas in close proximity.

1. The outdoor space shall be either owned or leased by the applicant and cannot be shared with other property owners unless permission is granted by the other property owners.

2. The outdoor space shall not be located in any required front or corner side setback.

3. The outdoor space shall be screened with a periphery wall, constructed of wood or masonry, or landscaping screen and shall achieve seventy-five percent opacity. Chain metal fencing or barbed wire is prohibited.

C. Hours of Operation. Hours of operation shall only be within the hours of six a.m. and eight p.m., Monday through Friday. Additional hours may be allowed subject to approval of a minor use permit.

D. Pick-up and Drop-off Plan. A plan and schedule for the pick-up and drop-off of children or clients shall be submitted for approval by the director. The plan shall demonstrate that adequate parking and loading are provided to minimize congestion and conflict points on travel aisles and public streets. The plan shall include an agreement for each parent or client to sign that includes, at a minimum:

1. A scheduled time for pick-up and drop-off with allowances for emergencies; and

2. Prohibitions of double-parking, blocking driveways of neighboring properties, or using driveways of neighboring properties to turn around.

(Ord. No. 662, § 2, 12-13-23)

Drive-in or drive-through facilities shall be located, developed, and operated in compliance with the following standards:

A. Circulation Plan. A pedestrian and vehicular circulation plan shall be submitted for approval by the review authority. Such plan shall indicate how drive-through, pedestrian, and vehicular circulation will be designed to allow safe, unimpeded movement of vehicles at street access points and within the travel aisles and parking space areas and provide for pedestrian safety. The plan shall also indicate how vehicles will circulate to and through the drive-through or use drive-up facilities in manner that will not impede traffic flow on any public right-of-way.

B. Drive Aisles. Drive-through aisles shall be inwardly focused within the site and located away from adjoining streets and adjoining properties, wherever feasible. Drive aisles shall be developed in accordance with the following except where modified by the review authority.

1. A minimum fifteen-foot interior radius at curves and a minimum twelve-foot width is required.

2. Each drive-in and drive-through entrance and exit shall be at least one hundred feet from an intersection of public rights-of-way, measured at the closest intersecting curbs, and at least twenty-five feet from the nearest curb cut on an adjacent property.

3. Each entrance to an aisle and the direction of flow shall be clearly designated by signs and/or pavement markings or raised curbs outside of the public right-of-way.

C. Landscaping. Each drive-through aisle shall be screened with a combination of decorative walls and landscape to a minimum height of twenty inches to prevent headlight glare and direct visibility of vehicles from adjacent streets and parking lots.

D. Pedestrian Walkways. Pedestrian walkways shall not intersect drive-through aisles, unless no alternative exists. In such cases, pedestrian walkways shall have clear visibility, emphasized by enhanced paving or markings.

(Ord. No. 662, § 2, 12-13-23)

Emergency shelters shall be located, developed, and operated in compliance with the following standards:

A. Applicability. It is the purpose of this section to facilitate and encourage the provision of emergency shelter for homeless persons and households by allowing permanent year-round emergency shelters without a conditional use permit or other discretionary action in the community commercial (CC) district, subject only to the same development standards that apply to the other permitted uses in this district and standards of this code unique to emergency shelters, as authorized by Government Code Section 65583(a)(4).

B. Location. To avoid overconcentration of emergency shelter facilities, emergency shelters shall be located a minimum of three hundred feet from any other emergency shelter, in accordance with Government Code Section 65583(a)(4)(A)(v).

C. Capacity. The maximum number of beds or persons to be served nightly by an emergency shelter shall be thirty-five.

D. Length of Stay. The maximum length of stay by a homeless person in an emergency shelter shall be six months.

E. Waiting Areas. A minimum of ten square feet per bed or one hundred square feet, whichever is greater, of waiting area shall be provided within the premises for clients and prospective clients to ensure that public sidewalks or private walkways are not used as queuing or waiting areas.

F. Lighting. Exterior lighting shall be provided for the entire outdoor and parking area of the property.

G. Management. On-site management shall be provided. The operator of the shelter shall submit a management and security plan for approval by the director. The plan shall address operational requirements pursuant to this section and issues identified by the director, including emergencies, transportation, client supervision, security, client services, staffing, good neighbor issues.

H. Security. Security shall be provided during the hours that the emergency shelter is in operation.

I. Limitations. No individual or household shall be denied emergency shelter because of an inability to pay.

(Ord. No. 662, § 2, 12-13-23)

The following applies to employee housing for farmworkers as defined in Health and Safety Code § 17008.

A. Six or Fewer Employees. Employee housing providing accommodations for six or fewer employees shall be deemed to be a single-unit structure with a residential land use, and shall be treated the same as a single unit dwelling of the same type in the same zoning district.

B. Districts Where Agriculture Uses Are Allowed. The permitted occupancy in employee housing in a zone allowing agricultural uses shall include agricultural employees who do not work on the property where the employee housing is located and may consist of no more than thirty-six beds in a group quarters or twelve units or spaces designed for use by a single-family or household on land zoned for agricultural uses. Such employee housing shall be considered to be an activity that in no way differs from an agricultural use.

(Ord. No. 662, § 2, 12-13-23)

Farmer's markets shall be located, developed, and operated in compliance with the following standards:

A. Management Plan. A management plan shall be prepared and provided to the director. The management plan shall include the following:

1. Identification of a market manager or managers, who shall be present during all hours of operation.

2. A set of operating rules addressing the governance structure of the market; types of products; the method of assigning booths and registering vendors; hours of operation; maintenance; security; refuse collection; and parking.

B. Hours of Operation. Market activities may be conducted between the hours of seven a.m. and ten p.m. with specific hours and duration to be approved by the city. Set-up of market operations cannot begin more than two hours prior to the operational hours of the market and take-down shall be completed within two hours of the close of the market.

C. Waste Disposal. Adequate composting, recycling, and trash containers shall be provided during hours of operation and shall be removed from site for appropriate disposal. The site shall be cleaned at the end of each day of operations, including the removal of all stalls and debris.

(Ord. No. 662, § 2, 12-13-23)

Home occupations shall be located, developed, and operated in compliance with the following standards:

A. Applicability. This section applies to home occupations in any residential unit in the city regardless of the zoning designation. It does not apply to family day care, which is regulated separately.

B. General Standards. All home occupations shall be located and operated consistent with the following standards:

1. Residential Appearance. The residential appearance of the unit within which the home occupation is conducted shall be maintained, and no exterior indication of a home occupation is permitted except signs in conformance with Chapter 17.29, Signs.

2. Location. All home occupation activities shall be conducted entirely within the residential unit, within a garage that is attached to the residential unit, or an enclosed accessory building. When conducted within a garage, the doors thereof shall be closed, and the area occupied shall not preclude the use of required parking spaces for parking.

3. Employees. A maximum of one independent contractor other than residents of the dwelling shall be permitted to work at the location of a home occupation except as otherwise allowed for cottage food operations.

4. Direct Sales Prohibition. Home occupations involving the display or sale of products or merchandise are not permitted from the site except by mail, telephone, internet, or other mode of electronic communication or except as otherwise allowed for cottage food operations.

5. Hazardous Materials. Activities conducted and equipment or materials used shall not change the fire safety or occupancy classifications of the premises, nor use utilities different from those normally provided for residential use. There shall be no storage or use of toxic or hazardous materials other than the types and quantities customarily found in connection with a dwelling unit.

6. Nuisances. A home occupation shall be conducted such that no offensive or objectionable noise, dust, vibration, smell, smoke, heat, humidity, glare, refuse, radiation, electrical disturbance, interference with the transmission of communications, interference with radio or television reception, or other hazard or nuisance is perceptible at or beyond any lot line of the unit or structure within which the home occupation is conducted, or outside the dwelling unit if conducted in other than a single-unit detached residence.

7. Traffic and Parking Generation. Home occupations shall not generate a volume of pedestrian, automobile, or truck traffic that is inconsistent with the normal level of traffic in the vicinity or on the street on which the dwelling is located or which creates the need for additional parking spaces or involve deliveries to or from the premises in excess of that which is customary for a dwelling unit.

8. Commercial Vehicles. No vehicle larger than a three-quarter ton truck may be used in connection with a home occupation.

C. Cottage Food Operations. A cottage food operation is allowed as a home occupation and an accessory use to any legally established residential unit subject to the following standards:

1. Registration. Cottage food operations shall be registered as "Class A" or "Class B" cottage food operations and shall meet the respective health and safety standards set forth in Section 114365 et seq. of the California Health and Safety Code.

2. Sales. Sales directly from a cottage food operation are limited to the sale of cottage food products. A cottage food operation shall not have more than fifty thousand dollars in gross annual sales in each calendar year.

3. Operator and Employee Allowed. Only the cottage food operator and members of his or her household living in the unit, as well as one full-time equivalent cottage food employee, may participate in a cottage food operation.

4. Equipment. Cottage food operations may employ kitchen equipment as needed to produce products for which the operation has received registration, provided that equipment would not change the residential character of the unit, result in safety hazards, or create smoke or steam noticeable at the lot line of an adjoining residential property. Venting of kitchen equipment shall not be directed toward neighboring residential uses.

D. Prohibited Home Occupations. The following specific businesses are not permitted as home occupations.

1. Vehicle sales and services;

2. Animal care, sales, and services;

3. Eating and drinking establishments;

4. Hotels and motels;

5. Hospitals and clinics;

6. Personal services; and

7. Retail sales.

(Ord. No. 662, § 2, 12-13-23)

Nonpermanent vendors are allowed in compliance with the following standards:

A. Location. Nonpermanent vendors are limited to non-residential districts.

B. Number. Maximum one nonpermanent vendor per day per lot unless authorized through a modification pursuant to Chapter 17.42, Modifications.

C. Duration. Maximum six hours per day per lot. No lot may have a nonpermanent vendor onsite for more than ninety days total in any twelve-month period.

D. Parking Surface. The vehicle shall only be stopped or parked on surface paved with concrete, asphalt, or other surface approved by the director.

E. Required Parking. No parking spaces are required for a nonpermanent vendor that meets all of the standards under this section.

F. Displaced Parking. Nonpermanent vendors may displace up to three required non-residential parking spaces for a maximum of six hours per day per parking lot, provided that no more than twenty-five percent of the total number of parking spaces on site are displaced. Required parking spaces for an existing non-residential use may be displaced if the existing non-residential use is not open during the event.

G. Location. Vehicles shall not be left unattended at any time, or be left onsite when inactive, or stored overnight.

H. Obstructions. Location and operation including customers, seating, and equipment, shall not obstruct the right-of-way, sight distances, or otherwise create hazards for vehicle or pedestrian traffic. The location shall comply with applicable accessibility requirements and the Americans with Disabilities Act.

I. Nuisances. Nonpermanent vendors shall be responsible for keeping the area clean of any litter or debris and shall provide trash receptacles for customer use on site. No vendor shall ring bells, play chimes, play an amplified musical system, or make any other notice to attract attention to its business while operating within city limits. The use of prohibited or unpermitted signs for nonpermanent vendors is not allowed.

J. Modifications. Modifications to the standards of this section may be approved pursuant to Chapter 17.42, Modifications.

(Ord. No. 662, § 2, 12-13-23)

There shall be no construction, reconstruction, operation or maintenance of any commercial or industrial facility within the city, including but not limited to business or personnel office, oil or gas storage facilities, pipe, drilling materials, or equipment repair or storage facilities, or any other aid or support which operates directly or indirectly in support of any offshore oil or gas exploration, development, drilling, pumping or production; nor shall there be any construction, reconstruction, operation or maintenance of any pipeline within the city for the transmission of any oil or natural gas taken or removed from any offshore oil or gas drilling or pumping operations.

A. Zoning Changes. No zoning changes to accommodate onshore support facilities for offshore oil or gas exploration, development, drilling, pumping or production shall be enacted without a vote of the people of the city.

B. Ordinance. The ordinance codified in this section shall not be amended or repealed without a vote of the people.

(Ord. No. 662, § 2, 12-13-23)

Outdoor dining and seating areas shall be located, developed, and operated in compliance with the following standards:

A. Applicability. The standards of this section apply to outdoor dining and seating located on private property. Outdoor dining and seating located in the public right-of-way is subject to an encroachment permit issued by the public works department.

B. Accessory Use. Outdoor dining and seating shall be conducted as an accessory use to a legally established eating and drinking establishment that is located on the same lot or an adjacent lot.

C. Use Permit Required. Outdoor dining and seating area occupying three hundred fifty square feet or less area is allowed as an accessory use to a legally established eating and drinking establishment that is located on the same lot or an adjacent lot. Outdoor dining and seating area occupying more than three hundred fifty square feet require use permit approval as follows:

1. More than three hundred fifty square feet and less than one thousand square feet. Minor use permit required.

2. More than one thousand square feet. Conditional use permit required.

D. Hours of Operation. Hours of operation shall be limited to the hours of operation of the associated eating and drinking establishment.

E. Parking. Where an outdoor dining and seating area occupies less than three hundred fifty square feet, additional parking spaces for the associated eating and drinking establishment are not required. Parking shall be provided according to the required ratio in Chapter 17.27, Parking and Loading, for any outdoor dining and seating area exceeding three hundred fifty square feet.

F. Location. Outdoor dining and seating areas may be located in required setback areas but shall not encroach into pedestrian pathways or required parking areas. Outdoor dining and seating areas may be allowed to encroach into a public right-of-way with an approved encroachment permit issued by the public works director.

G. Noise. Amplified sound (e.g., music, television, etc.) shall not be audible beyond the lot line.

H. Litter Removal. Outdoor dining and seating areas shall remain clear of litter at all times.

(Ord. No. 662, § 2, 12-13-23)

Outdoor display and sales shall be located, developed, and operated in compliance with the following standards:

A. Temporary Outdoor Display and Sales. The temporary outdoor display and sale of merchandise shall comply with Section 17.30.260, Temporary Uses, and Chapter 17.41, Temporary Use Permits.

B. Produce and Nursery Displays. The outdoor display of fresh produce or of live plants associated with an existing retail sales establishment on the same site is allowed, and no additional parking is required, subject to the following standards.

1. The display area shall not exceed one hundred twenty-five square feet in size for produce displays or six hundred square feet for live plant displays unless a larger area is authorized pursuant to conditional use permit approval.

2. The display shall not disrupt the normal function of the site or its circulation and shall not encroach upon parking spaces, driveways, pedestrian walkways, or required landscaped areas.

3. All produce shall be removed or enclosed at the close of each business day.

C. Permanent or Ongoing Outdoor Display and Sales. The permanent or ongoing outdoor display of merchandise, except for vehicle sales and leasing requires conditional use permit approval and shall comply with the following standards:

1. Relationship to Main Use. The outdoor display and sales area shall be directly related to a business occupying a primary structure on the subject parcel.

2. Allowable Merchandise. Only merchandise sold at the business is permitted to be displayed outdoors.

3. Display Locations. The displayed merchandise shall occupy a fixed, specifically approved and defined location and shall not disrupt the normal function of the site or its circulation and shall not encroach upon parking spaces, driveways, pedestrian walkways, or required landscaped areas.

(Ord. No. 662, § 2, 12-13-23)

Personal service establishments shall be located, developed, and operated in compliance with the following standards:

A. Hours of Operation. Hours of operation shall be limited to eight a.m. to ten p.m. unless otherwise specified in a minor use permit.

B. Fortune, Palm, and Card Reader. Fortune, palm, and card reader establishments shall be located at a minimum of one hundred feet from a sensitive use unless approved with a minor use permit.

C. Massage Establishments. Massage establishments shall comply with the city of Morro Bay Municipal Code. Establishments, including sole proprietorships, which offer massage in exchange for compensation that do not comply with the city of Morro Bay Municipal Code are prohibited.

D. Tattoo or Body Modification Parlor. Tattoo and body modification parlors shall be located a minimum of one hundred feet from a sensitive use unless approved with a minor use Permit.

(Ord. No. 662, § 2, 12-13-23)

Recharging stations may be provided in any area designed for the parking or loading of vehicles.

(Ord. No. 662, § 2, 12-13-23)

Recycling facilities shall be located, developed, and operated in compliance with the following standards:

A. Reverse Vending Machines.

1. Accessory Use. Reverse vending machines may be installed as an accessory use to a permitted or conditionally permitted primary commercial or public/semi-public use on the same site.

2. Location. Machines shall be located within the same building as the permitted commercial or public/semi-public use or adjacent to the entrance of the commercial host use. Machines shall not be located within fifty feet of a residential district or one thousand feet of any business that sells alcohol. Machines shall not obstruct pedestrian or vehicular circulation.

3. Identification. Machines shall be clearly marked to identify the type of material to be deposited, operating instructions, the identity and phone number of the operator or responsible person to call if the machine is inoperative, and a notice stating that no material shall be left outside of the reverse vending machine.

4. Signs. The maximum sign area on a machine is four square feet, exclusive of operating instructions.

5. Lighting. Machines shall be illuminated to ensure comfortable and safe operation between dawn and dusk.

6. Trash Receptacle. Machines shall provide a forty-gallon garbage can for nonrecyclable materials located adjacent to the reverse vending machine.

B. Recycling Collection Facilities.

1. Size. Recycling collection facilities shall not exceed a building site footprint of three hundred fifty square feet or include more than three parking spaces (not including space periodically needed for the removal or exchange of materials or containers).

2. Equipment. No power-driven processing equipment, except for reverse vending machines, may be used.

3. Location. Facilities shall not be located within fifty feet of a residential district or within one thousand feet of any business that sells alcohol.

4. Setback. Facilities shall be set back at least ten feet from any front or corner side lot line and not obstruct pedestrian or vehicular circulation.

5. Containers. Containers shall be constructed of durable waterproof and rustproof material and secured from unauthorized removal of material. Capacity sufficient to accommodate materials collected in the collection schedule.

6. Identification. Containers shall be clearly marked to identify the type of accepted material, hours of operation, the identity and phone number of the operator or responsible person to call if the machine is inoperative, and a notice stating that no material shall be left outside.

7. Signs. The maximum sign area shall be twenty percent of the area of the side of facility or container or sixteen square feet, whichever is larger. In the case of a wheeled facility, the side is measured from the pavement to the top of the container. The director may authorize increases in the number, size and nature of additional signs for necessary directional or identification purposes but not for outdoor advertising.

8. Parking. Patrons and the attendant shall not reduce available parking spaces below the minimum number required for the main use unless a parking study shows available capacity during recycling facility operation.

9. Site Maintenance. Sites shall be maintained clean, sanitary, and free of litter and any other undesirable materials.

C. Recycling Processing Facility.

1. Location. Facilities shall not abut a residential district.

2. Screening. The facility shall be screened from public rights-of-way, by solid masonry walls or located within an enclosed structure.

3. Outdoor Storage. Exterior storage of material shall be in sturdy containers or enclosures that are secured and maintained in good condition. Storage shall not be visible above the height of the required solid masonry walls.

4. Identification. Facilities shall be clearly marked with the name and phone number of the facility operator and hours of operation.

(Ord. No. 662, § 2, 12-13-23)

Self storage facilities shall be located, developed, and operated in compliance with the following standards:

A. Business Activity. All self storage facilities shall be limited to inactive items such as furniture and files. No retail, repair, or other commercial use shall be conducted out of the individual rental storage units.

B. No Hazardous Materials Storage. No storage of hazardous materials is permitted.

C. Notice to Tenants. As part of the rental process, the facility manager shall inform all tenants of conditions restricting storage of hazardous materials and limitation on the use of the storage units. These restrictions shall be included in rental contracts and posted at a conspicuous location within the front of each rental unit.

D. Open Storage. Open storage, outside an enclosed building, shall be limited to vehicles and trailers and screened from public view by building façades or solid fences.

E. Exterior Wall Treatments and Design. Exterior walls visible from a public street or residential district shall be constructed of decorative block, concrete panel, stucco, or similar material. These walls shall include architectural relief through articulation, trim, change in color at the base, variations in height, the use of architectural "caps," attractive posts, or similar measures. A gate(s) shall be decorative iron or similar material.

F. Screening. Where screening walls are required or proposed, they shall be constructed of decorative block, concrete panel, stucco, or similar material. The walls shall include architectural relief through variations in height, the use of architectural "caps," attractive posts, or similar measures. All gates shall be decorative iron or similar material.

G. Fencing. A six-foot-high security fence shall be provided around the perimeter of the development at locations where the solid façades of the storage structures do not provide a perimeter barrier.

(Ord. No. 662, § 2, 12-13-23)

A. Purpose. The purpose of this section is to establish a set of regulations applicable to short-term vacation rentals. In the adoption of these standards the city council finds that short-term vacation rentals support the city's significant tourism industry, but also have the potential to be incompatible with surrounding residential uses, especially when several are concentrated in the same area, as they can have a deleterious effect on the adjacent full-time residents, and may alter the character of the neighborhoods within which they are located. To that end, the city council with this chapter is adopting density limitations in residential zones, a permit scheme, and operational standards that strike the balance between these interests.

B. Definitions. The terms used in this section shall have the following meanings, as well as the meanings of the terms as defined in Section 17.54.020, Definitions, unless the context clearly indicates otherwise; and, in the event of conflict this section shall govern unless specified.

1. "Booking transaction" means any reservation or payment service provided by a company that facilitates a short-term vacation rental transaction between a prospective visitor and a host.

2. "Full-home rental" means a short-term vacation rental of no more than thirty consecutive days of a home, in whole or in part, for exclusive transient use. The guest enjoys the exclusive private use of the dwelling, and the host is not present.

3. "Guest" means a person who rents a short-term vacation rental.

4. "Host" means the owner or his/her authorized agent, of a short-term vacation rental, who is responsible for its operation. A host can include the property owner, a tenant, or a management company.

5. "Home-sharing rental" means a short-term vacation rental within a dwelling that is the host's primary residence, and where the host is on site throughout the guest's stay. Home-sharing rentals include guest houses when the host is on site in the primary residence throughout the guest's stay in the guest house, and any unit in a multifamily dwelling of no more than four units, where the host lives in the primary residence or in one of the units.

6. "Hosting platform" means a company that participates in the short-term vacation rental business by collecting or receiving a fee, directly or indirectly through an agent or intermediary, for conducting a booking transaction using any medium of facilitation.

7. "Junior accessory dwelling unit" shall have the same meaning as the term is defined in Section 65852.22 of the Government Code.

8. "Local contact person" means an individual who is personally available by telephone on a twenty-four-hour basis and who maintains the ability to initiate corrective action within one hour of being notified of a concern or complaint and who has authority to address violations of this chapter or any disturbance or problem at a short-term vacation rental.

9. "Primary residence" means the usual place of return for housing of an owner or long-term resident as documented by at least two of the following: motor vehicle registration, driver's license, California state identification card, voter registration, income tax return, or property tax bill. A person can only have one primary residence.

C. Short-Term Vacation Rentals—General.

1. Short-term vacation rentals may only be operated pursuant to a current and valid short-term vacation rental permit from the city of Morro Bay, as well as a current and valid city business license, in accordance with all the requirements of this section. Permits shall be obtained by the property owner. Permits shall be valid for no more than twelve months, unless renewed.

2. Permits are non-transferable and are unique to the specific property and property owner. A permit for a property shall not be valid for a successor owner or host.

3. Short-term vacation rentals are permitted in residential, commercial, and mixed use zoning districts only. Full-home short-term vacation rentals in residential districts shall be subject to the density limitations of Section 17.30.220 D, Short-Term Vacation Rentals—Density Limitations, below.

4. Short-term vacation rentals shall not be operated in vehicles or in non-habitable or illegally constructed structures, such as sheds, unconverted garages, cars, vans, or trucks, unpermitted attached or detached accessory dwelling units, unpermitted rooms or patios, etc.

5. Short-term vacation rentals shall not be operated from dwellings that are designated as affordable housing units, or out of mobile home parks.

6. Short-term vacation rentals may not be operated from boats in the harbor, or from recreational vehicles unless permitted through the conditional use permit process.

7. Operation of short-term vacation rentals in housing developments shall be permitted to the extent they are permitted by the development's CC&Rs. All provisions of this section shall apply. In case of conflict between this section and the development's CC&Rs, the more restrictive provisions shall apply. The city shall not be responsible for enforcing CC&R provisions relating to short-term vacation rentals.

8. The city shall provide public information regarding validly permitted short-term vacation rentals.

9. The provisions of this section shall apply to both home-sharing and full-home short-term vacation rentals, unless otherwise indicated.

10. The host, and the property owner, if different, have the responsibility to ensure that the short-term vacation rental and its guests comply with all the provisions of this chapter. The city must have current contact information for both the local contact person and the host, if they are different. Any change in contact information must be provided to the city forthwith.

11. Transient occupancy tax, Morro Bay Tourism Business Improvement District assessments and San Luis Obispo County Tourism Marketing District (SLOCTMD) assessment shall be collected on short-term vacation rentals in accordance with Chapters 3.24 (Transient Occupancy Tax) and 3.60 (Tourism Business Improvement District Law) of the Morro Bay Municipal Code. Short-term vacation rentals must contribute a minimum of five hundred dollars of TOT annually to maintain a valid permit.

12. The city council may by resolution promulgate additional regulations relating to the operation of permitted short-term vacation rentals, including but not limited to, a training program for current and potential hosts, content guidelines for an informational brochure to be provided to guests (good neighbor brochure), and additional reporting requirements.

13. The use of a guest house as a short-term vacation rental is prohibited, unless the guest house is rented as a home-share vacation rental with the host on site in the primary residence throughout the guest's stay in the guest house.

14. Notwithstanding any other provision herein, short-term vacation rentals shall not be operated out of accessory dwelling units or junior accessory dwelling units, as provided in state law, except as provided for in Section 17.30.220 E, Nonconforming Short-Term Vacation Rentals.

D. Short-Term Vacation Rentals—Density limitations.

1. The maximum allowable number of full-home short-term vacation rentals in residential zones is one hundred seventy-five, subject to Section 17.41.220 E, Nonconforming Short-Term Vacation Rentals. No new permit applications for full-home short-term vacation rentals in a residential zone will be accepted until the number of active permits drops below one hundred seventy-five. This limitation shall not apply to home-share short-term vacation rentals in residential zones. This limitation applies to all accessory dwelling units or junior accessory dwelling units. No maximum number of short-term vacation rentals applies to the commercial and mixed-use zones.

2. Property owners who wish to apply for short-term vacation rental permits for property in a residential zone shall be issued permits on a first-come, first-served basis, provided the proposed short-term vacation rentals do not violate the density limitations herein. Applicants who are not eligible for a permit due to these density limitations shall be placed on a chronologically maintained waiting list.

3. Multi-family Developments in Commercial and Mixed Use Zoning Districts. No more than twelve and one-half percent (one hundred eighteenth) of the total number of units in an attached single-unit dwelling or multi-unit residential in a commercial and mixed use zoning district can be operated as a short-term vacation rental. Multi-family dwellings of fewer than eight units shall have no more than one unit operating as a short-term vacation rental. Any commercial and mixed use zoned lot with an attached or detached single-unit dwelling and multi-unit residential shall also be subject to these density limitations.

4. Full-Home Single-Family Dwellings in Residential Zoning Districts.

a. Single-family dwelling full-home short-term vacation rentals in residential zones must be separated by a one hundred seventy-five feet radius (as measured from exterior property line) from any other full-home short-term vacation rental in a residential district. This limitation applies to a detached single-unit dwelling used as a full-home rental, and this limitation does not apply to a detached single-unit dwelling used as a home-share rental. This limitation applies to all accessory dwelling units or junior accessory dwelling units. Abutting or intervening lots with attached single-unit dwellings or multi-unit residentials are also subject to this spacing limitation.

b. Only one full-home short-term vacation rental shall be permitted on any property with a detached single-unit dwelling.

5. Multi-family developments in residential districts may not be used as short-term vacation rentals.

E. Nonconforming Short-Term Vacation Rentals. A short-term vacation rentals lawfully permitted by the city prior to the effective date of this ordinance, and in good standing with the city on the effective date of this chapter, shall be considered legal nonconforming uses not subject to the limitations of Section 17.30.220 D, Short-Term Vacation Rentals—Density Limitations, provided they obtain a new short-term vacation rental permit pursuant to this chapter within one year of its effective date. The permit application in conformance with this section should be filed in lieu of a renewal application.

F. Permit Application and Renewal.

1. A completed application for a short-term vacation rental permit shall be submitted by the property owner to the finance director on a form provided by the city, and shall include the following information:

a. Name, address, and current contact information of the property owner/applicant. Any change in this information must be provided to the city forthwith. The application must be signed under penalty of perjury by the property owner. A permit application may not be submitted or signed by a property management company or other commercial agent.

b. If different from the property owner, name and address of the host, including current contact information.

c. Address and description of the property that will be used as a short-term vacation rental. The description shall include number of rooms, maximum guest occupancy, amenities, and available parking for guests.

d. Whether the short-term vacation rental will be operated as a home-sharing or full-home rental.

e. The house rules for the short-term vacation rental and any other information that will be provided to the guest.

f. Proof that the property owner has insured the property as a short-term vacation rental.

g. Hosting platforms that will advertise the property.

h. A copy of any valid and current short-term vacation rental permit held by the applicant for any other property in the city.

i. Information on any short-term vacation rental permits that have been suspended or revoked as to the host or the property owner anywhere in the State of California, or as to the property, within the previous two years, and the reasons therefor.

j. If the property owner has been asked or been compelled to no longer advertise with a hosting platform within the previous two years, and the reasons therefor.

2. Inspection.

a. A completed application shall include a completed inspection report. The report shall include:

i. Number of exits.

ii. Conformance with application information.

iii. Sufficient off-street parking.

iv. Signage, per requirements.

v. A good neighbor brochure.

vi. Compliance with any other applicable code requirement.

b. Short-term vacation rentals shall be inspected as part of the initial application, and every four years thereafter at the time of renewal. Each renewal application when a city inspection is not required will include a self-inspection form to be filled out and signed under penalty of perjury by the property owner.

c. Properties may be additionally inspected to ensure that any violations are timely corrected.

d. Any change in the information in the application, whether the change occurs while the application is pending, or at any time after the permit issues, must be provided to the city forthwith.

3. The city shall review the application for completeness. If the application is incomplete, the city shall inform the applicant in writing within thirty days of receipt of the application, articulating the necessary additional information for completeness. An application that is found to be incomplete upon a second submission shall be deemed abandoned.

4. The city shall deny, conditionally approve, or approve an application within forty-five days of receipt of a completed application. Conditions imposed shall be aimed at ensuring that the short-term vacation rental does not create a disturbance in the neighborhood, and is not operated in a manner that will undermine the character of its neighborhood.

5. Renewals.

a. Permit renewals shall be submitted sixty days prior to permit expiration on a form provided by the city and signed by the property owner. Renewal forms must detail any changes in the short-term vacation rental (bedrooms, ownership, number of guests, parking, etc.), and shall otherwise certify that other than what is listed as a change, the information in the original application remains the same.

b. Permit renewals that are not timely submitted per subsection 5.a. may experience a delay in reissuance. In the event a permit expires before the renewal permit is issued because of a delay in renewal submittal, the permit shall be deemed suspended until the renewal issues, and the short-term vacation rental may not be rented as such.

c. Any permit whose renewal application is submitted after the permit's expiration shall be deemed abandoned. Reapplication shall only be accepted in full compliance with all the provisions of this section, including the density limitations.

6. Permit applications and renewals shall be subject to permit fees in accordance with the city's master fee schedule. Permit fees shall include, but not be limited to, the reasonable cost of processing the application and inspection fees, as applicable.

G. Permit Denial, Suspension, and Revocation. A short-term vacation rental permit may be denied, suspended, or revoked based on the following grounds:

1. A material misrepresentation on the application or renewal materials.

2. The dwelling that is the subject of the application or permit is not in full compliance with all applicable local, state, and federal regulations.

3. The host has violated, or has permitted his/her guest to violate, the terms of the hosting platform, and as a result the hosting platform has withdrawn its permission to advertise on that platform.

4. The host has violated, or has permitted his/her guest to violate, any of the operational requirements in Section 17.30.220 I, Operational Requirements. A host is presumptively permitting violations of the applicable regulations under the following circumstances:

a. If the violation consists of conduct by the guest that is disturbing the peace and quiet of the neighbors, or that constitutes an immediate threat to the health and safety, and the host does not initiate corrective action within one hour of being notified of the disturbance; or

b. If the noticed violation is not corrected before the next guest arrives at the property.

5. The property owner has had a short-term vacation rental permit revoked or suspended in the preceding two years.

6. Grounds for Suspension. The city may initiate suspension proceedings for minor violations of this section, or of any applicable code, that are not timely corrected. Additional guidance on the grounds for suspension may be provided in the implementing regulations. A permit may be suspended for up to one hundred eighty days.

7. Grounds for Revocation. The city may initiate revocation proceedings for repeated or serious violations of this section or of any applicable code. Serious violations include any condition that is a threat to the guest's, the neighbors', or the public's health, safety, and welfare; or, conditions that constitute a public nuisance. Additional guidance may be provided in the implementing regulations.

8. A notice of intent to suspend or revoke, and the reasons therefore, shall be provided to the permit holder. The permit holder shall have fifteen days to submit relevant evidence for the city manager's consideration. The city manager shall issue a written decision articulating the grounds therefor within an additional fifteen days, taking into consideration any relevant evidence submitted by the permit holder.

9. Any property owner whose permit is revoked may not reapply for a short-term vacation rental for the property for which the permit was revoked, or for any other property, for two years following the date of revocation. Revocation of a permit shall not affect any other current and valid short-term rental vacation permits by that property owner.

H. Appeal of Permit Denial, Suspension, or Revocation. Any person whose permit application was denied, or whose permit was suspended or revoked, may appeal the decision as follows.

1. An appeal must be submitted in writing to the city manager within fifteen days of the date of the decision. The appeal must articulate the reasons therefor, and shall be accompanied by an appeal fee in accordance with the city's master fee schedule.

2. The city manager shall schedule an appeal hearing within thirty days of receipt of the appeal before an independent hearing officer, at which hearing the host will have an opportunity to be heard and to present evidence. Compensation for the independent hearing officer shall not be determined by the outcome of any appeal.

3. The host shall be provided with notice of the hearing no later than ten days prior to the hearing. The hearing may be postponed for good cause.

4. The hearing officer shall not be bound by the formal rules of evidence. The hearing officer may consider all relevant evidence and may exclude repetitive or irrelevant evidence.

5. The hearing officer shall provide a written decision within ten days of the hearing and shall articulate the reasons therefor. The decision of the hearing officer shall be final. The hearing officer's decision may be challenged pursuant to Sections 1094.5 and 1094.6 of the Code of Civil Procedure, which shall be referenced in the written decision.

I. Operational Requirements. Short-term vacation rentals must comply with the following requirements.

1. A copy of the short-term vacation rental permit must be posted in a prominent location within the short-term vacation rental.

2. The host shall use reasonably prudent business practices to ensure that the short-term vacation rental is used in a manner that complies with all applicable laws, rules, and regulations pertaining to its use and occupancy.

3. Parking.

a. Short-term vacation rentals must provide sufficient onsite parking spaces for their guests; no offsite or other street parking is allowed.

b. Onsite parking should be only in legal spaces required for the applicable housing type.

4. Short-term vacation rental operators must notify guests of the city's licensing requirement. The permit number must be included in the hosting platform advertisement.

5. No one under the age of twenty-one years shall be permitted as the primary renter of a short-term vacation rental.

6. The host shall use reasonably prudent business practices to ensure that short-term vacation rental guests do not violate the provisions of this ordinance or violate provisions of the code or any state law, such as but not limited to, regulations pertaining to noise, disorderly conduct, overcrowding, the consumption of alcohol, or the use of illegal drugs.

7. Occupancy for each full-home rental shall be limited to two individuals per bedroom, plus two, for a maximum of ten guests; occupancy for home-share rentals shall be limited to two individuals per bedroom. Children under three years of age are excluded from the occupancy limits but children three and older are included.

8. Guests must comply with all local noise restrictions.

9. While a short-term vacation rental unit is rented, a local contact person shall be available twenty-four hours per day, seven days per week, to respond to complaints or notification of violations, and if appropriate initiate corrective action regarding the conduct of the occupants or their guests, or the condition or operation, of the short-term vacation rental, within one hour of being notified.

10. The host shall:

a. Prior to occupancy:

i. Obtain the contact information of the guest.

ii. Require the guest to execute a written acknowledgment that he or she is legally responsible for compliance by all occupants of the short-term vacation rental with all applicable laws, rules, and regulations pertaining to the use and occupancy of the short-term vacation rental.

b. Maintain the information required in item a, above, for a period of two years, and make such information available upon request to any officer of the city responsible for the enforcement of any provision of this chapter or any other applicable local, state, or federal regulations.

c. Provide guests with the good neighbor brochure, the name and number of the local contact person where problems can be reported, the city's hotline number, and the short-term vacation rental's house rules.

11. A sign shall be posted in a location visible and legible from the public right-of-way that contains the following information:

a. Identification as a short-term vacation rental, including the permit number.

b. Twenty-four-hour contact information in case of problems or complaints, in conformance with subsection I, above.

12. Short-term vacation rentals shall be subject to the provisions of Chapter 8.16, Solid Waste Management, of the Morro Bay Municipal Code; in addition, short-term vacation rentals shall not leave their solid waste containers curbside any earlier than the day before pickup, or any later than one day after pickup. If this requirement cannot be met, the host must provide for concierge trash service, if this service is available at the property.

J. Advertising.

1. All short-term vacation rental advertisements shall include the permit number.

2. Advertising of unpermitted short-term vacation rentals is prohibited.

K. Penalty and Enforcement.

1. Violations of this section are deemed a public nuisance, and may be abated as such.

2. Each day a violation continues is deemed a new violation.

3. Violations of this section may be punishable as infractions or misdemeanors, pursuant to Chapter 1.16 of the Morro Bay Municipal Code.

4. Violations of this section may be punishable thorough administrative fines, in accordance with Chapter 1.03 of the Morro Bay Municipal Code, as may be set by city council resolution.

5. The owner of any illegally operated short-term vacation rental that is on the wait-list for a permit is presumed to have actual knowledge of the permit requirement. The owner of the illegally operated short-term vacation rental, as well as the unpermitted short-term vacation rental, shall be removed from the permit waiting list, and the host may not reapply for a short-term vacation rental permit for any property for two years. Any application for the same property shall also be barred for two years, irrespective of ownership.

(Ord. No. 662, § 2, 12-13-23)

Single-room occupancy (SRO) units shall be located, developed, and operated in compliance with the following standards.

A. Occupancy. An SRO unit shall be occupied by a single person. Occupancy of SRO units may be restricted to seniors or be available to persons of all ages.

B. Facilities. Units in an SRO housing development shall consist of a single room and may have a private or shared bathroom. A shared common kitchen and activity area may also be provided.

C. Management. On-site management shall be provided unless waived through a minor use permit approval.

(Ord. No. 662, § 2, 12-13-23)

Renewable energy systems shall be located, developed, and operated in compliance with the following standards:

A. Solar Energy Systems.

1. Height, Ground-Mounted Solar Energy Systems. The maximum height of a ground-mounted solar energy collector system is twenty-five feet or the maximum height allowed in the base or overlay district, whichever is less.

2. Required Setback. Solar energy systems less than six feet in height may be installed within a required side and rear setback, but no closer than three feet to any property line. All other solar energy systems shall meet the required setback of the base or overlay district.

3. Required Permit. Roof-mounted solar energy systems and ground-mounted solar energy systems located over a parking area are allowed in all districts and no use permit is required. Ground-mounted solar energy systems that are not located over a parking area are allowed in all districts subject to minor use permit approval.

B. Other Renewable Energy Systems. Other types of accessory or minor renewable energy systems may be allowed in all districts subject to conditional use permit approval.

(Ord. No. 662, § 2, 12-13-23)

A. Applicability and Exemptions. The requirements of this section apply to all telecommunication facilities that transmit and/or receive electromagnetic signals, including but not limited to personal communications services (cellular and paging) and radio and television broadcast facilities. The requirements apply to telecommunication facilities that are the primary use of a property and those that are accessory facilities, except that the following accessory facilities are exempt:

1. Licensed amateur (ham) radio and citizen band operations.

2. Hand-held, mobile, marine, and portable radio transmitters and/or receivers.

3. Emergency services radio.

4. Radio and television mobile broadcast facilities.

5. Antennas and equipment cabinets or rooms completely located inside of permitted structures.

6. A single ground- or building-mounted receive-only radio or television antenna not exceeding the maximum height permitted by this code, including any mast, or a receive-only radio or television satellite dish antenna, subject to the following restrictions:

a. Residential Districts. A satellite dish that does not exceed one meter in diameter and is for the sole use of a resident occupying the same residential parcel is permitted anywhere on a lot in the residential district so long as it is affixed to the interior side or rear of a structure, the rear half of the roof of the primary dwelling or garage, or is ground-mounted. Such an antenna may be mounted on a mast provided the overall height of the antenna and its supporting mast does not exceed a height of twelve feet above the roofline unless authorized with a minor use permit.

i. The director may, without public notice or hearing, grant a waiver from the above standards if application of the standards:

(1) Unreasonably delay or prevent use of a satellite antenna;

(2) Unreasonably increase the cost of the installation, maintenance or use of a satellite antenna; or

(3) Preclude a person from receiving or transmitting an acceptable quality signal from an antenna subject to the standards of this section

b. Non-Residential Districts.

i. Satellite Dish Two Meters or Less. A satellite dish that does not exceed two meters in diameter is permitted anywhere on a lot where a commercial or industrial use is allowed provided it is affixed to the interior side or rear of a structure or to the roof of a structure and is sited and screened to minimize visibility from a street. Such an antenna may be mounted on a mast provided the overall height of the antenna and its supporting mast does not exceed a height of twelve feet above the roofline unless authorized with a minor use permit.

ii. Satellite Dish Greater than Two Meters. A satellite dish that is greater than two meters in diameter that is not located within a required front yard or street side yard and is screened from view from any public right-of-way and adjoining residential district.

c. Undergrounding Required. All wires and/or cables necessary for operation of an antenna shall be placed underground or attached flush with the surface of the building or the structure of the antenna.

7. Any antenna or wireless communications facility that is exempt from local regulation pursuant to the rules and regulations of the Federal Communications Commission (FCC) or a permit issued by the California Public Utilities Commission (CPUC). The owner or operator of such facility shall provide the director with a copy of a current FCC or CPUC permit or a copy of applicable FCC regulations prior to its installation.

8. Minor modifications to existing wireless facilities, including replacement in-kind or with smaller or less visible equipment, that meet the standards set forth in this section and will have little or no change in the visual appearance of the facility.

B. Permit Requirements. At the sole discretion of the director, technical information submitted as part of a project application may be referred to a technical professional retained by the city to provide independent peer review of information for consistency with the requirements of this chapter. The applicant shall pay the reasonable actual cost and a reasonable administrative fee for hiring a technical professional to provide peer review.

1. Stealth Facilities. Stealth facilities in which the antenna and the support equipment are hidden from view in a structure or concealed as an architectural feature, are permitted in all districts subject to conditional use permit approval.

2. Co-Located Facilities. Permitted by right when proposed to be co-located on a facility that was subject to a discretionary permit issued on or after January 1, 2007 and an environmental impact report was certified, or a negative declaration or mitigated negative declaration was adopted for the wireless telecommunication collocation facility in compliance with the California Environmental Quality Act and the collocation facility incorporates required mitigation measures specified in that environmental impact report, negative declaration, or mitigated negative declaration.

3. Non-Stealth Facilities. Permitted in all districts subject to conditional use permit approval.

C. Standards. Telecommunication facilities shall be located, developed, and operated in compliance with all of the following standards and with applicable standards of the zoning district in which they are located.

1. Location and Siting.

a. No new freestanding facility, including a tower, lattice tower, or monopole, shall be located within one thousand feet of another freestanding facility, unless appropriate camouflage techniques have been used to minimize the visual impact of the facility to the extent feasible, and mounting on a building or co-location on an existing pole or tower is not feasible.

b. All wireless telecommunication facilities shall meet the building setback standards of the district which they are to be located.

c. When feasible, providers of personal wireless services shall co-locate facilities in order to reduce adverse visual impacts. The director may require co-location or multiple-user wireless telecommunication facilities based on a determination that it is feasible and consistent with the purposes and requirements of this section.

d. When determined to be feasible and consistent with the purposes and requirements of this section, the director shall require the applicant to make unused space available for future co-location of other telecommunication facilities, including space for different operators providing similar, competing services.

2. Support Structures. Support structures for telecommunication facilities may be any of the following:

a. An existing non-residential building.

b. An existing structure other than a building, including, but not limited to, light poles, electric utility poles, water towers, smokestacks, billboards, lattice towers, and flag poles. This term includes an electric utility pole erected to replace an existing electric utility pole, if the replacement pole will serve both electric and wireless communications functions, and if the replacement pole is substantially equivalent to the predecessor pole in placement, height, diameter and profile.

c. An alternative tower structure such as a clock tower, steeple, functioning security light pole, functioning recreational light pole, or any similar alternative-design support structure that conceals or camouflages the telecommunication facility. The term "functioning" as used herein means the light pole serves a useful and appropriate lighting function as well as a wireless communications function.

d. Existing publicly-owned and operated monopole or a lattice tower exceeding the maximum height limit.

e. A single pole (monopole) sunk into the ground and/or attached to a foundation. Any new monopole shall be constructed to allow for co-location of at least one other similar communications provider.

f. A monopole mounted on a trailer or a portable foundation if the use is for a temporary communications facility.

3. Height Requirements. Telecommunications facilities are subject to the height limitations of the district in which it is located except as provided below.

a. Building-Mounted Facilities. Building-mounted telecommunication facilities shall not exceed a height of twelve feet above the height limit of the district or twelve feet above the existing height of a legally established building or structure, whichever is lower, measured from the top of the facility to the point of attachment to the building.

b. Facilities Mounted on Structures. Telecommunication facilities mounted on an existing structure shall not exceed the height of the existing structure unless camouflaged as part of the structure design, except antennas may extend up to twelve feet above the height of an electric utility pole.

c. Facilities Mounted on Light Poles. A functioning security light pole or functioning recreational light pole shall have a height consistent with existing poles in the surrounding area or height usually allowed for such light poles.

4. Design and Screening. Telecommunication facility structures and equipment shall be located, designed and screened to blend with the existing natural or built surroundings, as well as any existing support structures, so as to reduce visual impacts to the extent feasible.

a. Stealth Facilities. State of the art stealth design technology shall be utilized as appropriate to the site and type of facility. Where no stealth design technology is proposed for the site, a detailed analysis as to why stealth design technology is physically and technically infeasible for the project shall be submitted with the application.

b. Other Facility Types. If a stealth facility is not feasible, the order of preference for facility type is, based on their potential aesthetic impact: façade-mounted, roof-mounted, ground-mounted, and free-standing tower or monopole. A proposal for a new ground-mounted or free-standing tower shall include factual information to explain why other facility types are not feasible.

c. Minimum Functional Height. All free-standing antennas, monopoles, and lattice towers shall be designed to be the minimum functional height and width required to support the proposed antenna installation, unless it can be demonstrated that a higher antenna, monopole, or tower will facilitate co-location.

d. Camouflage Design. Telecommunication facilities that are mounted on buildings or structures shall be designed to match existing architectural features, incorporated in building design elements, camouflaged, or otherwise screened to minimize their appearance in a manner that is compatible with the architectural design of the building or structure.

e. Equipment Cabinets. Equipment cabinets shall be located within the building upon which antennae are placed, if technically feasible. Otherwise, equipment cabinets and buildings, and associated equipment such as air conditioning units and emergency generators, shall be screened from view by a wall or landscaping, as approved by the city. Any wall shall be architecturally compatible with the building or immediate surrounding area.

f. Landscaping. Landscaping shall be provided for and maintained to screen any ground structures or equipment visible from a public right-of-way.

g. Lighting. Artificial lighting of a telecommunication facility, including its components, is prohibited, unless required by the Federal Aviation Administration. A motion-sensor light may be used for security purposes if the beam is directed downwards, shielded from adjacent properties, and kept off except when personnel are present at night.

h. Advertising. No advertising shall be placed on telecommunication facilities, equipment cabinets, or associated structures.

5. Security Features. All facilities shall be designed to minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions that would result in hazardous conditions, visual blight, or attractive nuisances.

a. Fencing. Security fencing, if any, shall not exceed the fence height limit of the base district. Fencing shall be effectively screened from view through the use of landscaping. No chain link fences shall be visible from public view.

b. Maintenance. The permittee shall be responsible for maintaining the site and facilities free from graffiti.

6. Radio Frequency Standards, Interference, and Noise.

a. Radio Frequency. Telecommunication facilities shall comply with federal standards for radio frequency emissions and interference. Failure to meet federal standards may result in termination or modification of the permit.

b. Interference. Telecommunications facilities shall not interfere with public safety radio communications.

c. Noise. Telecommunication facilities and any related equipment, including backup generators and air conditioning units, shall not generate continuous noise in excess of forty decibels (dBa) measured at the property line of any adjacent residential property, and shall not generate continuous noise in excess of fifty dBa during the hours of seven a.m. to ten p.m. and forty dBa during the hours of ten p.m. to seven a.m. measured at the property line of any non-residential adjacent property. Backup generators shall only be operated during power outages and for testing and maintenance purposes. Testing and maintenance shall only take place on weekdays between the hours of eight a.m. and five p.m.

7. Co-Location. The applicant and owner of any site on which a telecommunication facility is located shall cooperate and exercise good faith in co-locating telecommunication facilities on the same support structures or site. Good faith shall include sharing technical information to evaluate the feasibility of co-location, and may include negotiations for erection of a replacement support structure to accommodate co-location. A competitive conflict to co-location or financial burden caused by sharing information normally will not be considered as an excuse to the duty of good faith.

a. All facilities shall make available unused space for co-location of other telecommunication facilities, including space for these entities providing similar, competing services. Co-location is not required if the host facility can demonstrate that the addition of the new service or facilities would impair existing service or cause the host to go offline for a significant period of time. In the event a dispute arises as to whether a permittee has exercised good faith in accommodating other users, the city may require the applicant to obtain a third party technical study at applicant's expense. The city may review any information submitted by applicant and permittee(s) in determining whether good faith has been exercised.

b. All co-located and multiple-user telecommunication facilities shall be designed to promote facility and site sharing. Telecommunication towers and necessary appurtenances, including but not limited to parking areas, access roads, utilities and equipment buildings, shall be shared by site users whenever possible.

c. No co-location may be required where it can be shown that the shared use would or does result in significant interference in the broadcast or reception capabilities of the existing telecommunication facilities or failure of the existing facilities to meet federal standards for emissions.

d. Failure to comply with co-location requirements when feasible or cooperate in good faith as provided for in this section is grounds for denial of a permit request or revocation of an existing permit.

8. Fire Prevention. All telecommunication facilities shall be designed and operated in a manner that will minimize the risk of igniting a fire or intensifying one that otherwise occurs.

a. At least one-hour fire resistant interior surfaces shall be used in the construction of all buildings.

b. The exterior walls and roof covering of all above-ground equipment shelters and cabinets shall be constructed of materials rated as non-flammable in the building code.

c. Monitored automatic fire extinguishing systems shall be installed in all equipment buildings and enclosures.

d. Openings in all above-ground equipment shelters and cabinets shall be protected against penetration by fire and wind-blown embers to the extent feasible.

9. Surety Bond. As a condition of approval, an applicant for a building permit to erect or install a telecommunication facility shall be required to post a cash or surety bond in a form and amount acceptable to the city attorney to cover removal costs of the facility in the event that its use is abandoned or the approval is otherwise terminated.

D. Required Findings.

1. General Findings. In approving a telecommunication facility, the decision-making authority shall make the following findings:

a. The proposed use conforms with the specific purposes of this section and any special standards applicable to the proposed facility;

b. The applicant has made good faith and reasonable efforts to locate the proposed facility on a support structure other than a new ground-mounted antenna, monopole, or lattice tower or to accomplish co-location;

c. The proposed site results in fewer or less severe environmental impacts than any feasible alternative site; and

d. The proposed facility will not be readily visible or it is not feasible to incorporate additional measures that would make the facility not readily visible.

2. Additional Findings for Facilities Not Co-Located. To approve a telecommunication facility that is not co-located with other existing or proposed facilities or a new ground-mounted antenna, monopole, or lattice tower the decision-making authority shall find that co-location or siting on an existing structure is not feasible because of technical, aesthetic, or legal consideration including that such siting:

a. Would have more significant adverse effects on views or other environmental considerations;

b. Is not permitted by the property-owner;

c. Would impair the quality of service to the existing facility; or

d. Would require existing facilities at the same location to go off-line for a significant period of time.

3. Additional Findings for Setback Reductions. To approve a reduction in setback, the decision-making authority shall make one or more of the following findings:

a. The facility will be co-located onto or clustered with an existing, legally established telecommunication facility; and/or

b. The reduced setback enables further mitigation of adverse visual and other environmental impacts than would otherwise be possible.

4. Additional Findings for Any Other Exception to Standards. The planning commission may waive or modify requirements of this section upon finding that strict compliance would result in noncompliance with applicable federal or state law.

E. Vacation and Removal of Facilities. The service provider shall notify the director of the intent to vacate a site at least thirty days prior to the vacation. The operator of a telecommunications facility shall remove all unused or abandoned equipment, antennas, poles, or towers within sixty days of discontinuation of the use and the site shall be restored to its original, pre-construction condition.

(Ord. No. 662, § 2, 12-13-23)

This section establishes standards for certain uses that are intended to be of limited duration of time and that will not permanently alter the character or physical facilities of the site where they occur. The provisions of this section shall not apply to temporary uses conducted or operated as part of an approved farmer's market or other event occurring under a special permit issued by the city of Morro Bay.

A. Temporary Uses Not Requiring a Use Permit. The following types of temporary uses may be conducted without a temporary use permit. Other permits, such as building permits, may be required.

1. Garage and Yard Sales. Sales of personal property conducted by a resident of the premises may be conducted in accordance with the following standards.

a. No more than two garage/yard sales shall be conducted on a site in any twelve-month period.

b. No single sale event shall be conducted for longer than three consecutive days.

c. The display of property for sale shall be located on the lot and not within the public right-of-way.

2. Non-Profit Fund Raising. Fund raising sales for up to three days per event is permitted on a site by a non-profit organization, not to be conducted more frequently than three times per year per site.

3. Temporary Construction Office Trailers. On-site temporary construction offices during the period of construction. Screening may be required by the director.

B. Temporary Uses Requiring a Temporary Use Permit. Other temporary uses may be permitted pursuant to Chapter 17.41, Temporary Use Permits, subject to the following standards. Additional or more stringent requirements may be established through the temporary use permit process in order to prevent the use from becoming a nuisance with regard to the surrounding neighborhood or the city as a whole.

1. Sales Offices and Model Homes. Model homes with sales offices and temporary information/sales offices in new residential developments are subject to the following requirements.

a. Time Limits.

i. Temporary Sales Office. A temporary information/sales trailer may be used during the construction of the model homes for a maximum period of six months or completion of the first phase of the development, whichever occurs first. One six-month extension maybe approved by the director.

ii. Model Homes. Model homes may be established and operated for a term period of one year or until completion of the sale of the lots or units, whichever comes first. One-year extensions may be approved by the director until the sale of all lots/residences is completed.

b. Location of Sales. Real estate sales conducted from a temporary sales office are limited to sales of lots or units within the development.

c. Return to Residential Use. Prior to the sale of any of the model homes as a residence, any portion used for commercial purposes shall be converted to its intended residential purpose.

2. Temporary Produce Stands in the Agriculture District. Temporary seasonal stalls or stands not greater than one thousand square feet in area for the sale of produce, hay or feed, fifty percent of which is grown on-site or on sites which are leased or owned by the same tenant/owner within the agriculture district. Said use shall provide adequate access and parking.

3. Seasonal Sales. The annual sales of holiday related items such as Christmas trees, pumpkins and similar items may be permitted in accordance with the following standards:

a. Location. Seasonal sales are limited to non-residential districts.

b. Time Period. Seasonal sales associated with holidays are allowed up to a month preceding and one week following the holiday. Christmas tree sales are allowed from Thanksgiving Day through December 31st.

c. Goods, Signs and Temporary Structures. All items for sale, as well as signs and temporary structures, shall be removed within ten days after the end of sales, and the appearance of the site shall be returned to its original state.

4. Temporary Refrigeration. Premises within non-residential districts on or near the waterfront that are associated with the processing or wholesale sale of fish, may be used to place temporary refrigeration facilities, provided that:

a. Length of Use. The temporary refrigeration facilities will be allowed only for a period not exceeding two weeks within any six months;

b. Use Conflicts. The installation of the facilities is found by the director not to conflict with the use of the premises or with the enjoyment of neighboring premises; and

c. Power Source. The temporary refrigeration facilities shall be operated by a power source from the electric public utility.

5. Special Events and Sales. Other short term special events may be permitted in accordance with the following standards:

a. Location. Events are limited to non-residential districts.

b. Duration. Events shall not exceed seven consecutive days or more than ten cumulative days in a year.

c. Signs. Outdoor uses may include the addition of one nonpermanent sign up to a maximum size of four square feet in area.

d. Time Limit. When located adjacent to a residential district, the hours of operation shall be limited to eight a.m. to nine p.m.

C. Temporary Uses Requiring a Conditional Use Permit. Other temporary events and special events, outdoor sales, and displays that do not meet the standards for temporary uses that require a temporary use permit, may be allowed with the approval of a conditional use permit.

(Ord. No. 662, § 2, 12-13-23)

Urban agriculture uses shall be located, developed, and operated in compliance with the following standards.

A. Community and Market Gardens.

1. Management. A manager shall be designated for each garden who shall serve as liaison between gardeners, property owner(s), and the city.

2. Hours of Operation. Gardens shall only be tended between dawn and dusk unless additional hours are approved pursuant to a minor use permit.

3. Buildings and Structures. Accessory buildings, such as sheds, greenhouses, and hoophouses are allowed and shall comply with the property development standards of the district.

4. Equipment. Use of mechanized farm equipment is prohibited except as provided below or approved pursuant to a minor use permit.

a. Heavy equipment may be used initially to prepare the land for gardening.

b. Landscaping equipment designed for household use is permitted.

5. Operational Plan. The applicant shall submit an operational plan that identifies roles and responsibilities, contact information, and operations.

6. Maintenance.

a. The operator shall be responsible for the overall maintenance of the site and shall remove weeds, debris, etc. in a timely manner.

b. Soil amendments, composting, and waste material shall be managed and shall not attract nuisance flies or support growth of flies.

7. Composting.

a. Compost and compost receptacles shall be located so as not to be visible from a public right-of-way.

b. Compost and compost receptacles shall be set back a minimum of twenty feet from residential buildings.

c. In residential districts, composting is limited to the materials generated on-site and shall be used on-site.

8. Utilities. The land shall be served by a water supply sufficient to support the cultivation practices used on the site.

9. Restrooms. If proposed, restrooms shall be connected to public utilities. Portable restrooms are not permitted.

B. Private Gardens.

1. Buildings and Structures. Accessory buildings, such as sheds, greenhouses, and hoophouses are allowed and shall comply with the property development standards of the district.

2. Equipment. Pull behind equipment is prohibited. Only household garden tools and equipment, applicators and products, may be used. This includes, but is not limited to, soil preparation, cultivation, planting, application of chemicals, dust control, harvesting, etc.

3. Composting. Composting is limited to the materials generated on-site and shall be used on-site.

C. Urban Agriculture Stands. Urban agriculture stands are permitted on the site of an urban agriculture use subject to the following regulations:

1. Maximum Size. Limited to one hundred twenty square feet unless a larger size is approved pursuant to a minor use permit.

2. Removal. Urban agriculture stands shall be dismantled and removed during non-operating hours.

3. Sales. Product sales are limited to produce and value-added products grown and produced on-site.

4. Hours of Operation. Operating hours for an urban agriculture stand are limited to eight a.m. to seven p.m.

5. Days of Operation. In residential districts, urban agriculture stands may operate a maximum of three days per week.

(Ord. No. 662, § 2, 12-13-23)