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The purpose of this chapter is to identify the bodies, officials, and administrators with designated responsibilities under various chapters of this title. Subsequent chapters of this division provide detailed information on procedures, applications, and permits, including zoning and general plan text and map amendments, and enforcement. When carrying out their assigned duties and responsibilities, all bodies, administrators, and officials shall interpret and apply the provisions of this title as minimum requirements adopted to implement the policies and achieve the objectives of the general plan and local coastal plan.

(Ord. No. 662, § 2, 12-13-23)

The powers and duties of the city council under this title include, but are not limited to, the following:

A.

Consider and act on amendments to the general plan, zoning code, zoning map, and local coastal program, and environmental documents related to any of the foregoing following a public hearing and recommended action by the planning commission.

B.

Hear and decide applications for development agreements.

C.

Hear and decide appeals from decisions of the planning commission.

D.

Establish, by resolution, a municipal fee schedule listing fees, charges, and deposits for various applications and services provided, pursuant to this title.

(Ord. No. 662, § 2, 12-13-23)

The powers and duties of the planning commission under this title include, but are not limited to the following:

A.

Annually review progress towards implementation of the general plan and recommend to the city council changes needed due to new legislation, development trends and changing economic, social, and environmental conditions.

B.

Make recommendations to the city council on proposed amendments to the general plan, zoning code, zoning map, and local coastal program, and environmental documents related to any of the foregoing following a public hearing.

C.

Make recommendations to the city council on development agreements.

D.

Approve, conditionally approve, or deny conditional use permits, coastal development permits, and variances.

E.

Hear and decide on revisions to approved conditional use permits and variances, pursuant to Section 17.36.120, Revision of Approved Plans and Permits.

F.

Conduct design review on certain projects and approvals it grants pursuant to Chapter 17.38, Designe Review.

G.

Hear and decide on proposed revocations of permits.

H.

Hear and decide appeals from decisions of the director.

I.

Make environmental determinations on any approvals it grants that are subject to environmental review under the California Environmental Quality Act.

J.

Such other duties and powers as assigned or directed by the city council.

(Ord. No. 662, § 2, 12-13-23)

The following powers and duties of the community development director (the "director") under this title include, but are not limited to the following:

A.

Have the responsibility to perform all of the functions designated by state law, including, but not limited to the following:

1.

Prepare an annual report related to implementation of the general plan in compliance with Government Code Section 65400;

2.

Review of public works projects for conformity to the general plan in compliance with Government Code Section 65401; and

3.

Review of acquisition of property for conformity to the general plan in compliance with Government Code Section 65402.

B.

Maintain and administer the zoning code, including processing of applications, abatements and other enforcement actions.

C.

Prepare and effect rules and procedures necessary or convenient for the conduct of the director's business. These rules and procedures must be as approved by a resolution of the city council following review and recommendation of the planning commission. They may include the administrative details of hearings officiated by the director (e.g., scheduling, rules of procedure and recordkeeping).

D.

Interpret the zoning code to members of the public and to other city departments.

E.

Issue administrative regulations for the submission and review of applications subject to the requirements of this title and Government Code Section 65950, deadlines for project approval conformance; extensions.

F.

Review applications for permits and licenses for conformance with this title and issue a zoning clearance when the proposed use, activity or building is allowed by right and conforms to all applicable development and use standards.

G.

Review applications for discretionary permits and approvals under this title for conformance with applicable submission requirements and time limits.

H.

Review applications for discretionary permits and approvals to determine whether the application is exempt from review under the California Environmental Quality Act and the city's environmental review requirements and notify the applicant if any additional information is necessary to conduct the review.

I.

Determine level of coastal review pursuant to Chapter 17.39, Coastal Development Permits (IP).

J.

Hear and decide requests for minor revisions to approved permits, pursuant to Section 17.36.120, Revision of Approved Plans and Permits.

K.

Process and make recommendations to the city council on all applications, amendments, appeals and other matters upon which the council has the authority and the duty to act under this title.

L.

Process and make recommendations to the planning commission on all applications, appeals and other matters upon which the commission has the authority and the duty to act under this title.

M.

Approve, conditionally approve, or deny minor use permits pursuant to the provisions of Chapter 17.40, Use Permits, and coastal development permits pursuant to the provisions of Chapter 17.39, Coastal Development Permits (IP).

N.

Approve, conditionally approve, or deny requests for modifications to dimensional requirements and requests for reasonable accommodation, pursuant to Chapter 17.42, Modifications, and Chapter 17.43, Reasonable Accommodation.

O.

Conduct design review pursuant to Chapter 17.38, Designe Review.

P.

Review and decide on temporary use permits pursuant to Chapter 17.41, Temporary Use Permits.

Q.

Negotiate the components and provisions of development agreements for recommendation to the city council.

R.

Investigate and make reports to the planning commission on violations of permit terms and conditions when the city has initiated revocation procedures.

S.

Refer items to the planning commission where, in his/her opinion, the public interest would be better served by a planning commission public hearing and action.

T.

Delegate the responsibilities of the director to department staff under the supervision of the director.

U.

Other duties and powers as may be assigned by the city council or established by legislation.

(Ord. No. 662, § 2, 12-13-23)

This chapter establishes procedures that are common to the application and processing of all permits and approvals provided for in this title, unless superseded by specific requirement of this title or state law.

(Ord. No. 662, § 2, 12-13-23)

A.

Applicant. The owner of property or the owner's authorized agent. If the application is made by someone other than the owner or the owner's agent, proof, satisfactory to the director, of the right to use and possess the property as applied for, shall accompany the application.

B.

Application Forms and Materials.

1.

Application Forms. The director shall prepare and issue application forms and lists that specify the information that will be required from applicants for projects subject to the provisions of this title.

2.

Supporting Materials. The director may require the submission of supporting materials as part of the application, including but not limited to statements, photographs, plans, drawings, renderings, models, material samples and other items necessary to describe existing conditions and the proposed project and to determine the level of environmental review pursuant to the California Environmental Quality Act (CEQA).

3.

Availability of Materials. All material submitted becomes the property of the city, may be distributed to the public, and shall be made available for public inspection. At any time upon reasonable request, and during normal business hours, any person may examine an application and materials submitted in support of or in opposition to an application in the planning division offices. Unless prohibited by law, copies of such materials shall be made available at a reasonable cost.

C.

Application Fees.

1.

Schedule of Fees. The city council shall approve by resolution a municipal fee Schedule that establishes fees for permits, informational materials, penalties, copying, and other such items.

2.

Payment of Fees. No application shall be accepted as complete and processed without payment of a fee unless a fee waiver has been approved.

3.

Fee Waiver. No fee shall be required when the applicant is the city, or if it is waived by the city council or under any other provision of the municipal code.

4.

Refund of Fees. Application fees are non-refundable unless otherwise provided for in the municipal code or by policy of the city council.

(Ord. No. 662, § 2, 12-13-23)

Conceptual review is an optional review process that is intended to provide information on relevant policies, zoning regulations, and procedures.

A.

Exemption from Permit Streamlining Act. Conceptual review is not subject to the requirements of the California Permit Streamlining Act (the Act). An application that is accepted for conceptual review shall not be considered complete pursuant to the requirements of the Act unless and until the director has received an application for approval of a development project, reviewed it, and determined it to be complete under Section 17.36.040, Review of Applications.

B.

Review Procedure. The planning division shall conduct conceptual review. The director may consult with or request review by any city agency or official with interest in the application. The director may refer items to the planning commission when in his/her opinion the conceptual review would benefit from planning commission input.

C.

Fees. Conceptual review application fees are credited toward any future discretionary permit application.

D.

Recommendations are Advisory. Neither the conceptual review nor the provision of information and/or pertinent policies shall be construed as a recommendation for approval or denial of the application by city representatives. Any recommendations that result from conceptual review are considered advisory only and shall not be binding on either the applicant or the city.

(Ord. No. 662, § 2, 12-13-23)

A.

Review Process. The director shall determine whether an application is complete within thirty days of the date the application is filed with the required fee.

B.

Incomplete Application. If an application is incomplete, the director shall provide written notification to the applicant listing the applications for permit(s), forms, information, and any additional fees that are necessary to complete the application.

1.

Zoning Code Violations. An application shall not be found complete if conditions exist on the site in violation of this zoning code or any permit or other approval granted in compliance with this zoning code, unless the proposed project includes the correction of the violations.

2.

Appeal of Determination. Determinations of incompleteness are subject to the provisions of Section 17.36.130, Appeals, except there shall be a final written determination on the appeal no later than sixty days after receipt of the appeal. The fact that an appeal is permitted to both the planning commission and the city council does not extend the six-day period.

3.

Submittal of Additional Information. The applicant shall provide the additional information within thirty days of the notice of incompletion unless a longer time limit is specified by the director.

4.

Expiration of Application. If an applicant fails to correct the specified deficiencies within the specified time limit, the application shall expire and be deemed withdrawn. After the expiration of an application, project review shall require the submittal of a new, complete application, along with all required fees.

C.

Complete Application. When an application is determined to be complete, the director shall make a record of that date. If an application requires a public hearing, the director shall schedule it and notify the applicant of the date and time.

D.

Extensions. The director may, upon written request and for good cause, grant extensions of any time limit for review of applications imposed by this title.

(Ord. No. 662, § 2, 12-13-23)

All projects shall be reviewed for compliance with or exemption from the California Environmental Quality Act (CEQA). Environmental review will be conducted pursuant to Title 14 of the California Code of Regulations (CEQA Guidelines). If Title 14 of the California Code is amended, such amendments will govern City procedures.

(Ord. No. 662, § 2, 12-13-23)

Unless otherwise specified, whenever the provisions of this title require public notice, the city shall provide notice in compliance with state law as follows.

A.

Posted Notice. At least ten days before the date of the public hearing or the date of action when no public hearing is required the city shall post a notice in a conspicuous place on the project site and at the Morro Bay branch of the public library, at the planning division office, and at City Hall.

B.

Mailed Notice. At least ten days before the date of the public hearing or before the date of action when no public hearing is required, the director, or the city clerk for hearings before the city council, shall provide notice by first class mail delivery to:

1.

The applicant, the owner, and any occupant of the subject property;

2.

All owners of record as shown on the latest available records of the county assessor of property within five hundred feet of the subject property.

3.

All neighborhood and community organizations that have previously filed a written request for notice of projects in the area where the site is located; and

4.

Any person or group who has filed a written request for notice regarding the specific application.

C.

Newspaper Notice. At least ten days before the date of the public hearing, the director or the city clerk for hearings before the city council, shall publish a notice in at least one newspaper of general circulation in the city.

D.

Coastal Development Permits. Public notice as required pursuant to Chapter 17.39, Coastal Development Permits (IP).

E.

Alternative Method for Large Mailings. If the number of owners to whom notice would be mailed or delivered is greater than one thousand, instead of mailed notice, the director or city clerk may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation in the city at least ten days prior to the hearing.

F.

Contents of Notice. The notice shall include the following information:

1.

The date of filing of the application;

2.

The name of the applicants and the applicants' agents;

3.

The number assigned to the application;

4.

A description of the proposed project and its location;

5.

A determination of whether the project is appealable to the coastal commission;

6.

The date, time and place of the hearing and/or decision on the application;

7.

A brief description of the procedures for public comment and decision on the application, including listing what review authority is to decide on the CDP application, as well as the system of appeal for any actions taken;

8.

For council hearings, the planning commission recommendation; and

9.

If the decision will include a determination on a coastal development permit, any information required pursuant to Chapter 17.39, Coastal Development Permits (IP).

G.

Failure to Notify Individual Properties. The validity of the proceedings shall not be affected by the failure of any property owner, resident, or neighborhood or community organization to receive a mailed notice.

(Ord. No. 662, § 2, 12-13-23)

Whenever the provisions of this title require a public hearing, the hearing shall be conducted in compliance with the requirements of state law and as follows.

A.

Generally. Hearings shall be conducted pursuant to procedures adopted by the hearing body. They do not have to be conducted according to technical rules relating to evidence and witnesses.

B.

Scheduling. Hearings before the city council shall be scheduled by the city clerk. All other hearings shall be scheduled by the director.

C.

Presentation. An applicant or an applicant's representative may make a presentation of a proposed project.

D.

Public Hearing Testimony. Any person may appear at a public hearing and submit oral or written evidence, either individually or as a representative of a person or an organization. Each person who appears at a public hearing representing an organization shall identify the organization being represented.

E.

Time Limits. The presiding officer may establish time limits for individual testimony and require that individuals with shared concerns select one or more spokespersons to present testimony on behalf of those individuals.

F.

Continuance of Public Hearing. The body conducting the public hearing may by motion continue the public hearing to a fixed date, time and place without providing further notice, or may continue the item to an undetermined date and provide notice of the continued hearing.

G.

Investigations. The body conducting the hearing may cause such investigations to be made as it deems necessary and in the public interest in any matter to be heard by it. Such investigation may be made by a committee of one or more members of the hearing body or by city staff. The facts established by such investigation shall be submitted to the hearing body either in writing, to be filed with the records of the matter, or in testimony before the hearing body, and may be considered by the body in making its decision.

H.

Decision. The public hearing shall be closed before a vote is taken.

(Ord. No. 662, § 2, 12-13-23)

When making a decision to approve, approve with conditions, revoke or deny any discretionary permit under this title, the responsible authority shall issue a notice of action and make findings of fact as required by this tile.

A.

Timing. The responsible authority shall decide to approve, revoke, or deny any discretionary permit following the close of the public hearing, or if no public hearing is required, within the time period set forth below. These deadlines do not apply to any action that has been appealed to the city council in accordance with Section 17.36.130, Appeals.

1.

Project Exempt from Environmental Review. Within thirty days of the date the city has determined an application to be complete, a determination must be made whether the project is exempt from environmental review per state CEQA requirements.

2.

Project for which a Negative Declaration or Mitigated Negative Declaration is Prepared. Within sixty days of the date a negative declaration or mitigated negative declaration has been completed and adopted for project approval, the city shall take action on the accompanying discretionary project.

3.

Project for which an EIR is Prepared. Within one hundred eighty days of the date the decision-making authority certifies a final EIR, the city shall take action on the accompanying discretionary project.

B.

Notice of Action. After any action to approve, or deny an application that is subject to appeal under the terms of this title, the director shall issue a notice of action. The notice shall describe the action taken, including any applicable conditions, and shall list the findings that were the basis for the decision. The director shall mail the notice to the applicant and to any other person or entity that has filed a written request for such notification with the planning division.

1.

Coastal Development Permits. Local decisions on coastal development permits shall be made and notice of final action shall be given pursuant to Chapter 17.39, Coastal Development Permits (IP).

C.

Findings. Findings, when required by state law or this title, shall be based upon consideration of the application, plans, testimony, reports, and other materials that constitute the administrative record and shall be stated in writing in the resolution or record of the action on the permit.

(Ord. No. 662, § 2, 12-13-23)

A.

Scope. Any approval permits only those uses and activities actually included in the project approval, and excludes other uses and activities. Unless otherwise specified, the approval of a new use shall terminate all rights and approvals for previous uses no longer occupying the same site or location.

B.

Conditions of Approval. The site plan, floor plans, building elevations and/or any additional information or representations, whether oral or written, indicating the proposed structure or manner of operation submitted with an application or submitted during the approval process shall be deemed conditions of approval. Any approval may be subject to requirements that the applicant guarantees, warranties or ensures compliance with permit's plans and conditions in all respects.

C.

Actions Subject to Enforcement. If the construction of a building or structure or the use established is contrary to the description or illustration in the application, so as to either violate any provision of this title or require additional permits, then the approval shall be suspended and subject to revocation and enforcement provisions of Chapter 17.48, Enforcement.

D.

Periodic Review. All approvals may be subject to periodic review to determine compliance with the permit and applicable conditions. If a condition specifies that activities or uses allowed under the permit are subject to periodic reporting, monitoring or assessments, it shall be the responsibility of the permit holder, the property owner or successor property owners to comply with such conditions.

(Ord. No. 662, § 2, 12-13-23)

A final decision on an application for any discretionary approval subject to appeal shall become effective after the expiration of the ten-day appeal period following the date of action, unless an appeal is filed. No building permit or business license shall be issued until the eleventh day following the date of the action.

A.

Coastal Development Permits. Coastal development permits are effective pursuant to Chapter 17.39, Coastal Development Permits (IP).

(Ord. No. 662, § 2, 12-13-23)

Permits and approvals granted under this title shall automatically expire and become null and void if the approval is not inaugurated within the time periods established in this section, or the approved use, structure, or site development is not continued pursuant to Section 17.36.110 C, Continuation of Use, Structure, or Site Development.

A.

Inaugurating a Permit or Approval. A permit or approval is inaugurated when a valid city building permit has been issued for work related to the approval and construction work has begun and been carried on diligently without substantial suspension or abandonment of work. Where a building permit is not required, the approval shall be considered inaugurated when the use or development authorized by the approval has commenced and, if required, a valid city business license has been issued.

B.

Time Period in which to Inaugurate a Permit or Approval.

1.

Expiration. The decision-maker, in the granting of any permit, may specify a time, consistent with the purposes of the use and necessary to safeguard the public safety, health and welfare, within which the proposed project must be undertaken and actively and continuously pursued. If no time period is specified, any permit granted under this title shall automatically expire if it is not inaugurated or extended within two years of its approval.

a.

A coastal development permit shall expire pursuant to Chapter 17.39, Coastal Development Permits (IP).

2.

Extensions. The director may approve up to two one-year extensions of any permit or approval granted under this title upon receipt of a written application with the required fee prior to expiration date of the permit. For discretionary permits issued by the planning commission, the planning commission may approve additional extensions upon conducting a public hearing.

C.

Continuation of Use, Structure, or Site Development. A use, structure, or site development authorized by the permit or approval is considered continued unless the structure or site development is demolished pursuant to Section 17.23.030, Demolition of Buildings and Structures, or the use authorized by the approval is discontinued pursuant to Section 17.26.070, Abandonment of Nonconforming Uses.

(Ord. No. 662, § 2, 12-13-23)

No change in the use, structure, or site development for which a permit or other approval has been issued is permitted unless the permit or approval is revised as provided for in this title.

A.

Minor Revisions. The director may approve minor changes to approved plans that are consistent with the original findings and conditions approved by the hearing body and would not intensify any potentially detrimental effects of the project.

B.

Major Revisions. A request for changes in conditions of approval of a discretionary permit or for a change in an approved site plan or building plan that would affect a condition of approval shall be treated as a new application, except that the director may approve changes determined to be minor.

(Ord. No. 662, § 2, 12-13-23)

A.

Applicability. An action by the director or planning commission in the administration or enforcement of the provisions of this title may be appealed in accordance with this section.

1.

Appeals of Director Decisions. Decisions of the director may be appealed to the planning commission by filing a written appeal with the planning division.

2.

Appeals of Planning Commission Decisions. Decisions of the planning commission may be appealed to the city council by filing a written appeal with the city clerk and paying any applicable fees.

3.

Appeals of Local Decisions on Coastal Development Permits. Actions on coastal development permits may be appealed pursuant to Chapter 17.39, Coastal Development Permits (IP).

B.

Appeal Process.

1.

Rights of Appeal. Appeals may be filed by the applicant, by the owner of property, or by any other person aggrieved by a decision that is subject to appeal under the provisions of this title.

2.

Time Limits. Unless otherwise specified in state or federal law, all appeals shall be filed in writing within ten days of the date of the action, decision, motion, or resolution from which the action is taken. In the event an appeal period ends on a Saturday, Sunday, or any other day the city is closed, the appeal period shall end at the close of business on the next consecutive business day.

3.

Procedures.

a.

Filing. The appeal shall identify the decision being appealed and shall clearly and concisely state the reasons for the appeal. The appeal shall be accompanied by the required fee.

b.

Proceedings Stayed by Appeal. The timely filing of an appeal shall stay all proceedings in the matter appealed including, but not limited to, the issuance of city building permits and business licenses.

c.

Public Notice and Hearing. The director, or in the case of appeals to the city council, the city clerk, shall schedule the appeal for consideration by the applicable appeal body within sixty days of the date the appeal is filed. Notice of the appeal hearing must be provided in the same manner required for the action that was the subject of the appeal.

(Ord. No. 662, § 2, 12-13-23)

Requests for interpretations of this title and verifications relating to prior approvals or permits may be made to the director. Requests shall be in writing. The decision of the director or planning commission on such requests may be appealed under Section 17.36.130, Appeals.

(Ord. No. 662, § 2, 12-13-23)

This chapter establishes procedures for conducting a zoning clearance to verify that each new or expanded use, activity, improvement, or structure complies with all of the applicable requirements of this title.

(Ord. No. 662, § 2, 12-13-23)

A zoning clearance is required for property improvements, buildings or structures erected, constructed, altered, repaired or moved, the use of vacant land, changes in the character of the use of land or building, or for substantial expansions in the use of land or building, which are allowed as a matter of right by this title.

(Ord. No. 662, § 2, 12-13-23)

Before work may commence and before the city may issue any business license, building permit, subdivision approval, or lot line adjustment, the director shall review the application to determine whether the improvement, use, building, or change in lot configuration complies with all provisions of this title or any design review, use permit or variance approval and that all conditions of such permits and approvals have been satisfied.

A.

Application. Applications and fees for a zoning clearance shall be submitted in accordance with the provisions set forth in Section 17.36.020, Application Forms and Fees. The director may request that the zoning clearance application be accompanied by a written narrative, plans, and other related materials necessary to show that the proposed development, alteration, or use of the site complies with all provisions of this title and the requirements and conditions of any applicable design review, use permit, variance, coastal development permit, or other planning approval.

B.

Determination. If the director determines that the proposed use, building, or site development is allowed as a matter of right by this title, and conforms to all the applicable development and use standards, the director shall issue a zoning clearance. An approved zoning clearance may include attachments of other written or graphic information, including but not limited to, statements, numeric data, site plans, floor plans and building elevations and sections, as a record of the proposal's conformity with the applicable regulations of this title.

C.

Exceptions. No zoning clearance shall be required for the continuation of previously approved or permitted uses and structures, or uses and structures that are not subject to any building or zoning regulations.

(Ord. No. 662, § 2, 12-13-23)

This chapter establishes the design review procedure to ensure that new development supports the goals and objectives of the general plan and other adopted plans and guidelines. The specific purposes of the design review process are to:

A.

Promote excellence in site planning and design and the harmonious appearance of buildings and sites;

B.

Ensure that new and altered uses and development will be compatible with the existing and potential development of the surrounding area; and

C.

Supplement other city regulations and standards in order to ensure control of aspects of design that are not otherwise addressed.

(Ord. No. 662, § 2, 12-13-23)

Design review is required for all projects that require a permit for new construction, reconstruction, rehabilitation, alteration, or other improvements to the exterior of a structure, site, or a parking area except for:

A.

Additions, construction, reconstruction, alterations, improvements, and landscaping for a project developed in compliance with a previous design review approval; and

B.

Replacement of exterior materials, including openings, with the same materials.

(Ord. No. 662, § 2, 12-13-23)

A.

Planning Commission. The planning commission shall have design review authority for the following projects:

1.

Single-Unit Development. Single-unit development of more than two thousand five hundred square feet of floor area.

2.

Multi-Unit Development. Multi-unit development consisting of four or more units, or more than six thousand square feet of floor area.

3.

Non-Residential Development. All new construction and any improvement or addition that results in more than a ten percent increase in floor area, or more than two thousand square feet of floor area.

4.

Other Projects. All projects otherwise requiring planning commission approval.

B.

Director.

1.

The director shall have design review authority for all projects that do not meet the criteria listed in subsection A for a decision by the planning commission.

2.

The director may refer items directly to the planning commission when in his/her opinion the public interest would be better served by having the planning commission conduct design review.

(Ord. No. 662, § 2, 12-13-23)

A.

Forms and Fees. Written applications for design review applications shall be submitted to the planning division in compliance with the application procedures in Chapter 17.36, Common Procedures.

B.

Concurrent Processing. When a development project requires a use permit, variance, coastal development permit, or any other discretionary approval, the design review application shall be submitted as a part of the application for the underlying permit, coastal development permit, use permit, or variance.

(Ord. No. 662, § 2, 12-13-23)

A.

Design Review by the Planning Commission. For all projects for which the planning commission is the design review authority, public notice shall be provided pursuant to Section 17.36.060, Public Notice.

B.

Design Review by the director. No public notice is required for design review for projects for which the director is the design review authority.

(Ord. No. 662, § 2, 12-13-23)

A.

Design Review by the Planning Commission. All projects for which the planning commission is the design review authority, shall require a public hearing before the planning commission pursuant to Section 17.36.070, Conduct of Public Hearings.

B.

Design Review by the director. No public hearing is required for design review where the director is the design review authority.

(Ord. No. 662, § 2, 12-13-23)

A.

Design Review Considerations. Design review shall be based on consideration of the requirements of this chapter as they apply to the design of the site plan, structures, landscaping, and other physical features of a proposed project, including:

1.

Building proportions, massing, and architectural details;

2.

Site design, orientation, location, and architectural design of buildings relative to existing structures on or adjacent to the property, topography, and other physical features of the natural and built environment;

3.

Incorporation of sustainable design features;

4.

Size, location, design, development, and arrangement of on-site parking and other paved areas;

5.

Exterior materials and, except in the case of design review of a single-family residence, color as they relate to each other, to the overall appearance of the project, and to surrounding development;

6.

Height, materials, design, fences, walls, and screen plantings;

7.

Location and type of landscaping including selection and size of plant materials, and design of hardscape; and

8.

Size, location, design, color, lighting, and materials of all signs.

B.

Reduction in Density. Design review shall not result in a reduction in the residential density.

(Ord. No. 662, § 2, 12-13-23)

When conducting design review, the review authority shall evaluate applications to ensure that they satisfy the following criteria, conform to the policies of the general plan and any applicable specific plan, the residential design guidelines and any other applicable design guidelines, and are consistent with any other policies or guidelines the city council may adopt for this purpose. To obtain design review approval, projects must satisfy the following criteria to the extent they apply.

A.

The overall design of the project including its form, scale, massing, site plan, exterior design, and landscaping will implement the general plan vision for community character areas for the particular area in which it is located as well as complement the natural and built features of surrounding properties and incorporate sustainable development features.

B.

The project design is appropriate to the function of the project and will provide an attractive and comfortable environment for occupants, visitors, and the general community.

C.

Project details, materials, signage and landscaping, are internally consistent, fully integrated with one another, and used in a manner that is visually consistent with the proposed architectural design.

D.

The design of streetscapes, including street trees, lighting, and pedestrian furniture, is consistent with the intended character of the area.

E.

Parking areas and other hardscape areas are designed and developed to buffer surrounding land uses; compliment pedestrian-oriented development; enhance the environmental quality of the site, including minimizing stormwater run-off and the heat-island effect; and achieve a safe, efficient, and harmonious development.

F.

Lighting and lighting fixtures are designed to complement buildings, be of appropriate scale, provide adequate light over walkways and parking areas to create a sense of pedestrian safety, avoid creating glare, and conform to dark sky principles.

G.

Landscaping is designed to be compatible with and enhance the vision for the community character area in which the development is located as well as the architectural character and features of the buildings on site.

(Ord. No. 662, § 2, 12-13-23)

A.

Planning Commission. The planning commission shall review and approve a design review permit for those projects for which it is the review authority.

B.

Director. The director shall review and approve a design review permit for those projects that include a second story addition or for additions of over one thousand square feet. For all other development, the director shall conduct design review as part of the building permit plan review process.

(Ord. No. 662, § 2, 12-13-23)

A.

Appeals. Design review decisions are subject to the appeal provisions of Section 17.36.130, Appeals.

B.

Expiration, Extensions and Revisions. Design review approval is effective and may only be extended or revised as provided for in Chapter 17.36, Common Procedures.

C.

Revocation. Design review approval may be revoked pursuant to Section 17.48.080, Revocation, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated.

(Ord. No. 662, § 2, 12-13-23)

This section provides procedures for coastal development permit (CDP) application processing, filing, review, noticing, and action for development in the city of Morro Bay's CDP jurisdiction within the coastal zone.

A.

CDP Required. All development, as defined in Coastal Act Section 30106, within the coastal zone requires a CDP except as specified in Section 17.39.020, CDP Exemptions, and Section 17.39.030, Waivers for Deminimis Development.

B.

Reviewing Authority. The following bodies shall approve, conditionally approve, revise or deny applications for Coastal Development Permits based on consideration of the requirements of this chapter.

1.

Director. The director shall review applications for coastal development permits for the following development, provided the development does not otherwise require discretionary action by the planning commission under another provision of this title and the development is not appealable to the coastal commission pursuant to Public Resources Code Section 30603 and Title 14 Sections 13110 through 13120 of the California Code of Regulations:

a.

Accessory dwelling units and junior accessory dwelling units.

b.

Single unit development with less than two thousand five hundred square feet of floor area (excluding garage).

c.

Development of two residential units within the RS or RL district consistent with Section 17.07.030 A.

d.

Urban lot splits pursuant to California Government Code Section 66411.7 and Title 16, Subdivisions, of the municipal code.

e.

Multi-unit development with less than six thousand square feet of floor area.

f.

Demolition of two or fewer residential units.

g.

Additions or improvements to existing public works facilities and utilities that do not constitute major public works as defined by the California Code of Regulations Section 13012.

2.

Planning Commission. The planning commission shall review applications for coastal development permits for all projects that do not meet the criteria listed in Section 17.39.010 B.1, Director, for a decision by the director.

C.

Additional Permits. The review of a CDP application shall be processed concurrently with any other discretionary permit applications required by the city. Any such discretionary approvals become effective only after a CDP is approved as required by this chapter and so long as they are consistent with the CDP terms and conditions. The city may not grant any discretionary approval for a proposed project that conflicts with this chapter.

D.

Unpermitted Development and Permitting Processes. Development that occurred after the effective date of the Coastal Act of 1976 (i.e., January 1, 1977) or after the coastal initiative of 1972 (February 1, 1973), whichever is applicable, and that did not receive a CDP or was not otherwise authorized under the coastal act/coastal initiative, is not lawfully established or authorized development ("unpermitted development"). In addition, development inconsistent with the terms and conditions of an approved CDP is also not lawfully established or authorized development. Both categories of unpermitted development shall be subject to Section 17.01.050 G, LCP Violations. If development is proposed on a site with unpermitted development, then such application may only be approved if it resolves all permitting and coastal resource issues associated with the unpermitted development, including through retention of all or part of same if it can be approved as LCP consistent, or through removal and restoration of affected areas.

(Ord. No. 662, § 2, 12-13-23)

In accordance with Coastal Act Section 30610 and Title 14 of the California Code of Regulations (CCR) Sections 13250, 13252, and 13253, all of which govern here in the case of conflicts or questions of interpretation, the following projects are exempt from the requirement to obtain a CDP:

A.

Existing Single-Family Residences. Improvements to an existing single-family residence, including fixtures and structures directly attached to a residence, landscaping, and structures normally associated with a single-family residence, such as garages, swimming pools, fences and storage sheds. This exemption does not include:

1.

Improvements to a single-family residence if the residence or any improvement is located on a beach, in a wetland, seaward of the mean high-tide line, within an environmentally sensitive habitat area, in an area designated highly scenic in the LCP (i.e., those areas designated in LUP Figures C-6 and C-7), or within fifty feet of the edge of a coastal bluff.

2.

Any significant alteration of land forms including removal or placement of vegetation on a beach, wetland, or sand dune, within fifty feet of the edge of a coastal bluff, or within an environmentally sensitive habitat area.

3.

On property not included in subparagraph A.1 above that is in an appealable area pursuant to Coastal Act Section 30603, when one of the following circumstances apply:

a.

Improvement that would result in an increase of ten percent or more of internal floor area of an existing structure; or

b.

An additional improvement of ten percent or less where an improvement to the structure has previously been undertaken pursuant to this section; or

c.

An increase in height by more than ten percent of an existing structure; or

d.

An increase of height of ten percent or less where height has already been undertaken pursuant to this section; and/or

e.

Development that includes any significant non-attached structure such as garages, fences, shoreline protective works or docks.

4.

Any improvement to a single-family residence where the coastal development permit issued for the original structure by the coastal commission or city indicated that any future improvements would require a coastal development permit or a CDP amendment or some other type of coastal authorization (e.g., a CDP waiver).

B.

Other Existing Structures. Improvements to an existing structure, other than a single-family residence or public works facility, including landscaping and fixtures and other structures directly attached to the structure. This exemption does not include:

1.

Improvements to a structure if the structure or improvement is located on a beach; in a wetland, stream, or lake; seaward of the mean high-tide line; in an area designated highly scenic in the LCP (i.e., those areas designated in LUP Figures C-6 and C-7); or within fifty feet of the edge of a coastal bluff.

2.

Any significant alteration of land forms including removal or placement of vegetation, on a beach or sand dune; in a wetland or stream; within one hundred feet of the edge of a coastal bluff, in a highly scenic area, or in an environmentally sensitive habitat area.

3.

On property not included in subparagraph B.1 above that is in an appealable area pursuant to Coastal Act Section 30603, when one of the following circumstances apply:

a.

Improvement that would result in an increase of ten percent or more of internal floor area of an existing structure;

b.

An additional improvement of ten percent or less where an improvement to the structure has previously been undertaken pursuant to this section;

c.

An increase in height by more than ten percent of an existing structure;

d.

An increase of height of ten percent or less where height has already been undertaken pursuant to this section; or

e.

Development includes any significant non-attached structure such as garages, fences, shoreline protective works or docks.

4.

Any improvement to a structure which changes the intensity of use of the structure.

5.

Any improvement made pursuant to a conversion of an existing structure from a multiple unit rental use or visitor-serving commercial use to a use involving a fee ownership or long-term leasehold including, but not limited to, a condominium conversion, stock cooperative conversion or motel/hotel timesharing conversion.

6.

Any improvement to a structure where the coastal development permit issued for the original structure by the coastal commission or city indicated that any future improvements would require a coastal development permit or a CDP amendment or some other type of coastal authorization (e.g., a CDP waiver).

C.

Repair or Maintenance Activities. Repair or maintenance activities that do not result in an addition to, or enlargement or expansion of, the object of those repair or maintenance activities. This exemption does not include:

1.

Any method of repair or maintenance of a seawall, revetment, bluff retaining wall, breakwater, groin, culvert, outfall, or similar shoreline work that involves:

a.

Repair or maintenance involving substantial alteration of the foundation of the protective work including pilings and other surface or subsurface structures;

b.

The placement, whether temporary or permanent, of rip-rap, artificial berms of sand or other beach materials, or any other forms of solid materials, on a beach or in coastal waters, streams, wetlands, estuaries and lakes or on a shoreline protective work except for agricultural dikes within enclosed bays or estuaries;

c.

The replacement of twenty percent or more of the materials of an existing structure with materials of a different kind;

d.

The presence, whether temporary or permanent, of mechanized construction equipment or construction materials on any sand area, bluff, or environmentally sensitive habitat area, or within twenty feet of coastal waters or streams;

e.

The placement of dredged spoils of any quantity within an environmentally sensitive habitat area, on any sand area, within fifty feet of the edge of a coastal bluff or environmentally sensitive habitat area, or within twenty feet of coastal waters or streams; or

f.

The removal, sale, or disposal of dredged spoils of any quantity that would be suitable for beach nourishment in an area the commission has declared by resolution to have a critically short sand supply that must be maintained for protection of structures, coastal access or public recreational use.

2.

Any repair or maintenance to facilities or structures or work located in an environmentally sensitive habitat area, any sand area, within fifty feet of the edge of a coastal bluff or environmentally sensitive habitat area, or within twenty feet of coastal waters or streams that include either of the following:

a.

The placement or removal, whether temporary or permanent, of rip-rap, rocks, sand or other beach materials or any other forms of solid materials.

b.

The presence, whether temporary or permanent, of mechanized equipment or construction materials.

3.

Those activities specifically described as exempt from CDP requirements in the document entitled "Repair, Maintenance and Utility Hookups," adopted by the coastal commission on September 5, 1978 unless a proposed activity will have a risk of substantial adverse impact on public access, environmentally sensitive habitat areas, wetlands, or public views to the ocean, in which case the 1978 document exemptions do not apply.

4.

Unless destroyed by natural disaster, the replacement of fifty percent or more of a single-family residence, seawall, revetment, bluff retaining wall, breakwater, groin or any other structure that is not repair and maintenance under Coastal Act Section 30610(d) but instead constitutes a replacement structure requiring a coastal development permit.

D.

Replacement of Destroyed Structures. The replacement of any legally established structure, other than a public works facility, destroyed by a disaster. The replacement structure shall conform to applicable LCP requirements, shall be for the same use as the destroyed structure, shall not exceed either the floor area, height, or bulk of the destroyed structure by more than ten percent, and shall be sited in the same location on the affected property as the destroyed structure. As used in this section, "disaster" means any situation in which the force or forces which destroyed the structure to be replaced were beyond the control of its owner; "bulk" means total interior cubic volume as measured from the exterior surface of the structure; and "structure" includes landscaping and any erosion control structure or device which is similar to that which existed prior to the occurrence of the disaster.

E.

Temporary Events. Temporary events as defined in this section and which meet all of the following criteria:

1.

Are not held between Memorial Day weekend and Labor Day weekend, or if proposed in this period will be of less than two weeks in duration including setup and take-down; and

2.

Does not occupy all or a portion of a sandy beach or park area and there is no potential for adverse effect on sensitive coastal resources; and

3.

A fee will not be charged for general public admission and/or seating where no fee is currently charged for use of the same area (not including booth or entry fees); or if a fee is charged, it is for preferred seating only and more than seventy-five percent of the provided seating capacity is available free of charge for general public use; and

4.

The proposed event has been reviewed in advance by the city and it has been determined, subject to the procedure in Section 17.39.040, City CDP Determinations, that it meets the following criteria:

a.

The event will result in no adverse impact on opportunities for public use of or access to the area due to the proposed location and or timing of the event either individually or together with other development or temporary events scheduled before or after the particular event;

b.

There will be no direct or indirect impacts from the event and its associated activities or access requirements on environmentally sensitive habitat areas, rare or endangered species, significant scenic resources, or other coastal resources; and

c.

The event has not previously required a coastal development permit to address and monitor associated impacts to coastal resources.

F.

Emergency Work. Immediate emergency work necessary to protect life or property, or immediate emergency repairs to public service facilities necessary to maintain service as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code.

(Ord. No. 662, § 2, 12-13-23)

A.

Authority. The director may issue a written waiver from coastal development permit requirements of this chapter for any development that is de minimis.

B.

Determination of Applicability. A proposed development is de minimis if the director determines, based on a review of an application for a coastal development permit, that the development satisfies all of the following requirements:

1.

The proposed development is within the coastal zone; the development is not of a type or in a location where an action on the development would be appealable to the coastal commission; and not within an area where the coastal commission retains permit jurisdiction and no local public hearing is required.

2.

The proposed development involves no potential for any adverse effect, either individually or cumulatively, on coastal resources and that it will be consistent with the certified local coastal program. The determination shall be made in writing and based upon factual evidence.

C.

Applicability.

1.

The director may consider the following types of development for possible permit waivers:

a.

Projects that would have been placed on the consent calendar of the planning commission or city council agenda without special conditions;

b.

Projects fully consistent with the certified LCP and for which all applicable policies of the LCP are objective in nature, such that staff does not have to exercise its judgment as to satisfaction of subjective criteria; and

c.

Projects located in areas where similar projects have been approved as a routine matter without conditions or opposition.

2.

The following projects will not be considered for possible waivers:

a.

Projects that involve questions as to conformity with the certified LCP, or that may result in potential impacts on coastal resources and public access;

b.

Projects with known opposition or probable public controversy; and

c.

Projects that involve divisions of land including condominiums.

D.

Public Notice. If, upon review of the coastal development permit application, the director determines that the development is de minimis, the applicant shall post public notice of the de minimis waiver on the property for at least ten working days prior to the final decision granting the waiver. Notice of intent to issue a de minimis waiver shall also be made to all persons who have requested to be on the mailing list for that development project or site or for coastal decisions within the local jurisdiction, to all property owners and residents within three hundred feet of the perimeters of the parcel on which the development is proposed, to each local agency expected to provide essential facilities or services to the project, and all agencies for which an approval for the proposed development may be required within ten working days prior to the decision on the application. The director shall provide notice, by first class mail, of pending waiver of permit requirements.

E.

Content of Public Notice. The notice shall contain the following information:

1.

A general description of the proposed project and location;

2.

A statement that the development is within the coastal zone;

3.

The date of filing of the application and the name of the applicant;

4.

The number assigned to the application;

5.

The date at which the waiver may become effective;

6.

The general procedure concerning the submission of public comments either in writing or orally prior to the decision; and

7.

A statement that a public comment period of sufficient time to allow for the submission of comments by mail will be held prior to the decision.

F.

Executive Director Determination. The director shall provide a notice of determination to issue a de minimis CDP waiver to the executive director of the coastal commission no later than ten working days prior to the waiver being reported at a city public hearing (see Section 17.39.030 G, Review and Concurrence, below). If the executive director notifies the community development director that a waiver should not be issued prior to the waiver being reported, the applicant shall be required to obtain a coastal development permit if the applicant wishes to proceed with the development.

G.

Review and Concurrence. The director's determination to issue a waiver shall be subject to review and concurrence by the decision makers (i.e. planning commission or city council, as applicable). The director shall not issue a waiver until the public comment period, including at a minimum through and including the required reporting of the waiver at a public hearing, has expired. At such public hearing, the public shall have the opportunity to testify and otherwise participate in a hearing on the waiver. If two or more decision makers object to the waiver, the waiver shall not be issued and, instead, an application for a coastal development permit shall be required and processed in accordance with the provisions of this chapter. Otherwise, the waiver shall be deemed approved, effective, and issued the day of the public hearing. In addition to the noticing requirements above, within seven calendar days of effective date of a waiver, the community development director shall send a notice of final action as specified in Section 17.39.080, Notices of City's Final Action on CDPs.

H.

Waiver Expiration. A de minimis waiver shall expire and be of no further force and effect if the authorized development is not exercised by substantial ground altering physical development within two years of the effective date of the waiver. In this event, either a new de minimis waiver or a regular coastal development permit shall be required for the development.

(Ord. No. 662, § 2, 12-13-23)

The determination of whether a development is exempt, waivable, non-appealable, or appealable for purposes of notice, hearing, and appeals procedures shall be made by the director at the time the coastal development permit application for development is submitted or as soon thereafter as practical, and in all cases prior to the application being deemed complete for processing. This determination shall be made with reference to the certified local coastal program, including any provisions that support the determination.

Where an applicant, interested person, the coastal commission's executive director, or the director has a question as to the appropriate designation for the development, the following procedures shall establish whether a development is exempt, non-appealable, or appealable:

A.

City Determination. The director shall make his or her determination as to what type of development is being proposed and shall inform the applicant, interested parties, and the coastal commission in writing of the notice and hearing requirements for that particular development (i.e., exempt, appealable, non-appealable).

B.

Challenge to City Determination. If the determination of the director is challenged by the applicant, the coastal commission's executive director, or an interested person, or if the director wishes to have a coastal commission determination as to the appropriate designation, the director shall notify the commission's central coast district office of the dispute/question and shall request an executive director's opinion.

C.

Coastal Commission Determination. The executive director shall within ten working days of the request provide his or her opinion in writing to the city, the applicant, and any other known interested parties. There are three possible outcomes:

1.

If the executive director agrees with the city's determination, then the city's determination shall be final and shall apply to the proposed development.

2.

If the executive director disagrees with the city's determination, and the city accepts the executive director's opinion, then the review and permit procedures associated with the executive director's opinion shall apply to the proposed development.

3.

If the executive director disagrees with the city's determination, the matter shall be set for public hearing before the coastal commission to make the final determination of applicable review and permit procedures, and the coastal commission's determination shall apply to the proposed development.

(Ord. No. 662, § 2, 12-13-23)

A.

Contents. Coastal development permit application submittals must include all the information and materials required by the community development department. It is the responsibility of the applicant to provide all necessary and requested evidence to allow for the reviewing authority to make a decision regarding whether the proposed development is consistent with the LCP, including with respect to the findings required by Section 17.39.070, Required Findings for CDP Approval. The application and accompanying materials shall be filed with the city before or concurrent with application for any other required city permits for the proposed project. The CDP application shall include, at a minimum:

1.

Project plans and supporting materials sufficient to determine whether the project complies with all relevant policies of the local coastal program, including a clear depiction of all existing conditions and development on the site, and all proposed development;

2.

Documentation of the applicant's legal interest in all the property upon which development is proposed, including properties crossed or affected by construction. The area subject to the CDP application may include contiguous properties where the director finds that necessary to achieve the requirements of the local coastal program. The area covered by a proposed project may also include multiple ownerships;

3.

Documentation of any prior CDPs or other coastal authorizations on the property, including any restrictions from permit conditions, deed restrictions, easements, and any other encumbrances affecting allowable development and use on the property;

4.

All restrictions that apply to the property, including copies of the legal documents, and site plans noting where such restrictions apply;

5.

A description of any unpermitted development on the site, including any violations of existing CDP terms and conditions, and provisions for resolving all permitting and coastal resource issues associated with the unpermitted development (see also Section 17.39.010 D, Unpermitted Development and Permitting Processes);

6.

A dated signature by or on behalf of each of the applicants, attesting to the truth, completeness and accuracy of the contents of the application and, if the signer of the application is not the applicant, written evidence that the signer is authorized to act as the applicant's representative and to bind the applicant in all matters concerning the application;

7.

Information to determine whether the project complies with LCP environmental justice policies, including proximity of any environmental justice communities to the project area, the potential effect of the project on environmental justice communities, and the potential effect of the project on environmental justice communities as compared to other communities; and

8.

Any additional information deemed by the director to be required for specific categories of development or for development proposed for specific geographic areas or in relation to the specific issues raised by the application.

B.

Concurrent Permit Application. The application for a CDP shall be made concurrently with application for any other non-CDP permits or approvals required by the city.

(Ord. No. 662, § 2, 12-13-23)

A.

Public Hearing and Notice Requirements.

1.

Director Actions.

a.

Hearing. A public hearing is not required for CDP applications for which the director is the reviewing authority.

b.

Noticing. The city shall provide public notice of the submission of a CDP application as follows:

i.

Posted Notice. At least ten days before the date the director takes action, the city shall post a notice in a conspicuous place on the project site and at the Morro Bay branch of the public library.

ii.

Mailed Notice. At least ten days before the date the director takes action, the city shall provide notice by first class mail delivery to the coastal commission and to all persons who have requested to be on the mailing list for that development project.

2.

Planning Commission and City Council Actions.

a.

Hearing. All planning commission and city council actions on CDP applications that are not issued a written waiver from coastal development permit requirements under Section 17.39.030, Waivers of De Minimis Development, shall require a public hearing.

b.

Noticing. The city shall provide public notice of public hearings on CDP applications as follows.

i.

Posted Notice. At least ten days before the date of the public hearing, the city shall post a notice in a conspicuous place on the project site and at the Morro Bay branch of the public library, at the planning division office, and at City Hall.

ii.

Mailed Notice. At least ten days before the date of the public hearing, the director, or the city clerk for hearings before the city council, shall provide notice by first class mail delivery to:

(1)

The owner(s) and owner's agent of all properties for which development is proposed, the applicant, and any applicant representatives;

(2)

Each local agency expected to provide essential facilities or services to the project;

(3)

Any person who has filed a request for notice with the director;

(4)

All owners and all occupants of parcels of real property located within one hundred feet of the perimeter of the real properties on which the development is proposed, but at a minimum all owners and all occupants of real property adjacent to the properties on which the development is proposed;

(5)

All agencies for which an approval for the proposed development may be required, including the state lands commission when an application for a CDP is submitted to the city on property that is potentially subject to the public trust;

(6)

All known interested parties; and

(7)

The coastal commission.

c.

Newspaper Notice. At least ten days before the date of the public hearing, the director or the city clerk for hearings before the city council, shall publish a notice in at least one newspaper of general circulation in the city.

d.

Alternative Method for Large Mailings. If the number of owners to whom notice would be mailed or delivered is greater than one thousand, instead of mailed notice, the director or city clerk may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation in the city at least ten days prior to the hearing.

e.

Additional Means. The director may also require additional means of notice that is reasonably determined necessary to provide adequate public notice of the application for the proposed project.

3.

Language Access. The city shall establish or procure translation services for the purpose of translating critical information in written notices for projects in areas where the use of a language other than English is significant (three percent of residents speaking a language other than English or more).

B.

Contents of Notice. The required notice may be combined with other required project permit notice(s), shall be mailed by first class mail and shall include the following information:

1.

A statement that the project is within the coastal zone, and that the project decision will include a determination on a CDP;

2.

The date of filing of the application;

3.

The name of the applicants and the applicants' agents;

4.

The number assigned to the application;

5.

A description of the proposed project and its location;

6.

A determination of whether the project is appealable to the coastal commission;

7.

The date, time and place of the hearing and/or decision on the application;

8.

A brief description of the procedures for public comment and decision on the application, including listing what review authority is to decide on the CDP application, as well as the system of appeal for any actions taken; and

9.

All procedures for challenge and appeal associated with the type of application being considered.

C.

Re-Noticing required. If a decision on a CDP is continued by the review authority to a date or time not specific, the item shall be re-noticed in the same manner and within the same time limits established by this section. If a decision on a CDP is continued to a specific date and time within thirty days of the first hearing, then no re-noticing is required.

(Ord. No. 662, § 2, 12-13-23)

To approve a CDP, the review authority must find that the development, as proposed and conditioned, is consistent with all applicable LCP policies and standards, including making all of the following findings, that themselves shall be based upon substantial evidence:

A.

LCP Consistency. The project is consistent with the LCP.

B.

Public Views. The project protects or enhances public views.

C.

Habitat Protection. The project protects vegetation, natural habitats and natural resources consistent with LCP.

D.

Design Consistency. The design, location, size, and operating characteristics of the proposed development is consistent with applicable LCP design requirements, including design plans and area plans incorporated into the LCP.

E.

Coastal Access. The project protects or enhances public access to and along the coast.

F.

Visitor Serving. The project supports the LCP goal of providing for visitor-serving needs as appropriate, including providing low and no cost visitor and recreational facilities.

G.

Appropriate Use. The project is consistent with the allowed LCP uses associated with the property.

H.

Coastal Resources. The proposed development protects or enhances coastal resources, where applicable.

I.

Environmental Justice. The project addresses whether proposed development results in environmental justice impacts, consistent with LCP environmental justice policies. When relevant, the project includes mitigation measures to minimize or eliminate potential adverse and/or disproportionate impacts of development on environmental justice communities.

J.

Hazards. The proposed development is consistent with the LCP's coastal hazards provisions.

(Ord. No. 662, § 2, 12-13-23)

A.

The city's decision on a CDP shall become final when all local rights of appeal have been exhausted per Section 17.39.090, Appeals of CDP Decisions. Within ten calendar days of a final action on a CDP application, the city shall provide notice of such action by first class mail to the applicant, the coastal commission, and any other persons who have requested such notice by submitting a self-addressed, stamped envelope to the city. The notice sent to all parties shall at a minimum include a cover sheet or memo summarizing the relevant action information, and the notice sent to the coastal commission shall include that cover sheet/memo, as well as additional supporting materials that further explain and define the action taken, as follows:

1.

Cover Sheet/Memo. The cover sheet/memo shall be dated and shall clearly identify at a minimum the following information:

a.

All project applicants and project representatives and their address and other contact information.

b.

Project description and location.

c.

City decision making body, city decision, and date of decision.

d.

All local appeal periods and disposition of any local appeals filed.

e.

Whether the city decision is appealable to the coastal commission, the reason why it is or isn't appealable to the coastal commission, and procedures for appeal to the coastal commission.

f.

A list of all additional supporting materials provided to the coastal commission.

g.

All recipients of the notice.

2.

Additional Supporting Materials to the Coastal Commission. The additional supporting materials shall include at a minimum the following information:

a.

The final adopted findings and final adopted conditions.

b.

The final staff report.

c.

The approved project plans.

d.

All other substantive documents cited and/or relied upon in the decision including CEQA documents, technical reports (e.g., geologic reports, biological reports, etc.), correspondence, etc.

B.

If the coastal commission does not notify the city in writing of any deficiency in such notice of final action within five calendar days of its filing, the notice of final action will be deemed filed for the purposes of this IP as of the date of the notice.

(Ord. No. 662, § 2, 12-13-23)

A.

Local Decisions on CDPs. Local decisions on CDPs may be appealed by an aggrieved person in accordance with Section 17.36.130, Appeals. An aggrieved person is any person who, in person or through a representative, appeared at the city's public hearing in connection with the decision or action appealed, or who, by other appropriate means prior to a hearing informed the city of the nature of their concerns, or who for good cause was unable to do either. An aggrieved person includes the applicant for a CDP.

B.

Appeals to the Coastal Commission.

1.

In accordance with Coastal Act Section 30603, any city CDP approval in the following geographic areas may be appealed to the coastal commission:

a.

Projects located between the sea and the first public road paralleling the sea or within three hundred feet of the inland extent of any beach or of the mean high tide line of the sea where there is no beach, whichever is the greater distance.

b.

Projects located on tidelands, submerged lands, public trust lands, within one hundred feet of any wetland, estuary, or stream, or within three hundred feet of the top of the seaward face of any coastal bluff.

2.

In accordance with Coastal Act Section 30603, any city CDP approval or denial for a major public works project (including a publicly financed recreational facility or a special district development) or a major energy facility may be appealed to the coastal commission.

3.

Appeals to the coastal commission may be filed by the project applicant, any aggrieved person, or any two members of the coastal commission, and must be submitted to the coastal commission within ten working days of coastal commission receipt of a non-deficient notice of final action.

4.

City decisions may be appealed to the coastal commission only after an appellant has exhausted all local appeals from the planning commission to the city council, except that exhaustion of city council appeals is not required if any of the following occur:

a.

The city requires an appellant to appeal to a body other than the city council.

b.

An appellant was denied the right of the appeal by a city ordinance that restricts the class of persons who may appeal a local decision other than as provided in this IP.

c.

An appellant was denied the right of local appeal because city notice and hearing procedures for the development did not comply with the provisions of this title.

d.

The city required an appeal fee for the filing or processing of the appeal to the city council.

(Ord. No. 662, § 2, 12-13-23)

A.

CDP Effective Date.

1.

For CDP decisions that are not appealable to the coastal commission, CDPs shall become effective once the city's non-deficient notice of final action per Section 17.39.080, Notices of City's Final Action on CDPs, has been received by the commission.

2.

For CDP decisions that are appealable to the coastal commission, CDPs shall become effective either (a) after the coastal commission's ten-working day appeal period has run with no valid appeal being filed; or (b) following coastal commission final action on an appeal, subject to any terms and conditions of such action.

B.

CDP Expiration. A CDP not exercised by substantial ground altering physical development within two years of the date of its approval shall expire and become void, unless an extension of the expiration deadline is approved. Such extension shall only be granted for good cause, and only if there are no changed circumstances that may affect the consistency of the development with the LCP (and the Coastal Act, if applicable). In such cases where an extension is not granted, the CDP shall be considered expired and the applicant shall be required to reapply for a CDP. Any extension request shall be in writing by the applicant or authorized agent and received by the city prior to expiration of the two-year period. No CDP extension request may be considered if received after its expiration. Extensions shall be considered CDP amendments for purpose of notice and appeal to the coastal commission.

C.

CDP Amendment. An applicant may request a CDP amendment by filing an application to amend the CDP pursuant to the requirements of this chapter that apply to new CDP applications. Any amendment approved for development in the coastal zone shall be required to be found consistent with all applicable local coastal program requirements, including with regards to requirements of jurisdiction, hearings, notices and findings for approval, in the same way as new CDPs. Any CDP amendment shall be processed as appealable to the coastal commission if the base coastal permit was also processed as appealable, or if the development that is the subject of the amendment makes the amended project appealable to the coastal commission.

D.

CDP Revocation. Where one or more of the terms and conditions of a CDP have not been, or are not being, complied with, or when a CDP was granted on the basis of false material information, the planning commission or city council may revoke or modify the CDP following public hearing. Notice of such hearing shall be the same as would be required for a new CDP.

E.

CDP Application Resubmittals. For a period of twelve months following the denial of a CDP, the city shall not accept an application for the same or substantially similar proposed project for the same site, unless the denial or revocation was made without prejudice, and so stated in the record.

(Ord. No. 662, § 2, 12-13-23)

Emergency CDPs may be granted at the discretion of the director (or a local official designated by the city council) for projects normally requiring CDP approval. To be eligible for an emergency CDP, an emergency must exist (defined for this purpose as a sudden unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services), including when necessary to restore, repair, or maintain public works, utilities, and services during and immediately following a natural disaster or serious accident or other cases of emergency. The emergency CDP process is intended to allow for emergency situations to be abated through use of the minimum amount of temporary measures necessary to address the emergency in the least environmentally damaging manner.

A.

Application. Application for an emergency CDP shall be made to the city by letter if time allows, and by telephone or in person if time does not allow. The applicant shall submit the appropriate fees at the time of application for an emergency CDP.

B.

Required Information. The information to be reported during the emergency, if it is possible to do so, or to be fully reported after the emergency, shall include all of the following:

1.

The nature of the emergency.

2.

The cause of the emergency, insofar as this can be established.

3.

The location of the emergency.

4.

The remedial, protective, or preventive work required to address the emergency.

5.

If reported after the fact, the circumstances during the emergency that appeared to justify the course of action taken, including the probable consequences of failing to take action.

6.

All available technical reports and project plans.

C.

Verification of Facts. The director or other designated local official shall verify the facts, including the existence and nature of the emergency, as time allows. The director may request, at the applicant's expense, verification by a qualified professional of the nature of the emergency and the range of potential solutions to the emergency situation, including the ways such solutions meet the criteria for granting permit. The director shall consult with the coastal commission as time allows.

D.

Public Notice. If time allows, the director shall provide public notice of the proposed emergency action, with the extent and type of notice determined on the basis of the nature of the emergency itself.

E.

Criteria for Granting Emergency CDP. The director may grant an emergency CDP upon making all of the following findings, that themselves shall be based upon clear supporting evidence and analysis:

1.

An emergency exists and requires action more quickly than permitted by the procedures for ordinary CDPs.

2.

The development can and will be completed within thirty days unless otherwise specified by the terms of the emergency CDP.

3.

Public comment on the proposed emergency action has been reviewed if time allows.

4.

The work proposed would be consistent with the requirements of the certified LCP.

5.

The proposed work is the minimum amount of temporary development necessary to abate the emergency in the least environmentally damaging manner.

F.

Conditions for Granting Emergency CDP. The director may attach reasonable terms and conditions to the granting of an emergency CDP, including an expiration date and the necessity for submittal of a regular CDP application by a specified date. At a minimum, all emergency CDPs shall include the following conditions:

1.

The emergency CDP shall be voided if the approved activity is not exercised within thirty days of issuance of the emergency CDP.

2.

The emergency CDP shall expire sixty days following its issuance. The director may extend an emergency CDP for an additional sixty days for good cause including but not limited to the fact that a regular CDP application is on file.

3.

Any work completed outside of these time periods requires a regular CDP approval unless an extension is granted by the city.

4.

The emergency development authorized by the emergency CDP is only temporary, and can only be allowed to remain provided a regular CDP is obtained to recognize it. Absent a regular CDP, the emergency development shall be removed and the affected area restored to pre-emergency conditions or better within six months of emergency CDP issuance.

5.

Within thirty days of completion of construction authorized by the emergency CDP, site plans and cross sections shall be submitted clearly identifying all development completed under the emergency CDP (comparing any previously permitted condition to both the emergency condition and to the post-work condition), along with a narrative description of all emergency development activities undertaken pursuant to the emergency authorization. Photos showing the project site before the emergency (if available), during emergency project construction activities, and after the work authorized by the emergency CDP is complete shall also be provided.

G.

Application for Regular CDP. Upon the issuance of an emergency CDP, the applicant shall submit a completed CDP application and any required technical reports within a time specified by the director, not to exceed ninety days. All emergency development approved pursuant to this section is considered temporary and must be removed and the area restored if the development is not recognized by a regular CDP within six months of the date of the emergency CDP issuance, unless the director authorizes an extension of time for good cause.

H.

Reporting of Emergency CDPs. The director shall report emergency CDPs issued to the coastal commission and to the city council and planning commission. The emergency CDP shall be scheduled on the agenda of the city council at its first scheduled meeting after that emergency CDP has been issued.

(Ord. No. 662, § 2, 12-13-23)

The use permit review and approval process is intended to apply to uses that are generally consistent with the purposes of the zoning district where they are proposed but require special consideration to ensure that they can be designed, located, and operated in a manner that will not interfere with the use and enjoyment of surrounding properties.

(Ord. No. 662, § 2, 12-13-23)

Approval of a use permit is required for uses or developments specifically identified in Division II, District Regulations, and/or any other section of this title which requires a use permit.

(Ord. No. 662, § 2, 12-13-23)

A.

Conditional Use Permits. The planning commission shall approve, conditionally approve, or deny applications for conditional use permits based on consideration of the requirements of this chapter.

B.

Minor Use Permits. The director shall approve, conditionally approve, or deny applications for minor use permits based on consideration of the requirements of this chapter.

1.

The director may, at their discretion, refer any application for a minor use permit for a project that may generate substantial public controversy or involve significant land use policy decisions to the planning commission for a decision rather than acting on it themselves. In that case, the application shall be processed as a conditional use permit.

(Ord. No. 662, § 2, 12-13-23)

An application for a use permit shall be filed to the planning division in accordance with Section 17.36.020, Application Forms and Fees. In addition to any other application requirements, the application for a use permit shall include data or other evidence in support of the applicable findings required by Section 17.40.070, Required Findings, below.

(Ord. No. 662, § 2, 12-13-23)

Public notice pursuant to Section 17.36.060, Public Notice, is required for all use permits.

(Ord. No. 662, § 2, 12-13-23)

A.

Conditional Use Permits. All applications for conditional use permits shall require a public hearing before the planning commission pursuant to Section 17.36.070, Conduct of Public Hearings.

B.

Minor Use Permits. No public hearing is required for minor use permits where the director is the review authority.

1.

Minor use permit applications referred to the planning commission for decision shall require a public hearing pursuant to Section 17.36.070, Conduct of Public Hearings.

(Ord. No. 662, § 2, 12-13-23)

The review authority must make all of the following findings in order to approve or conditionally approve a use permit application. The inability to make one or more of the findings is grounds for denial of an application.

A.

The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this title and all other titles of the municipal code;

B.

The proposed use is consistent with the general plan and any applicable specific plan;

C.

The proposed use will not be adverse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements;

D.

The proposed use complies with any design or development standards applicable to the zoning district or the use in question unless waived or modified pursuant to the provisions of this title;

E.

The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses in the vicinity; and

F.

The site is physically suitable for the type, density, and intensity of use being proposed.

(Ord. No. 662, § 2, 12-13-23)

In approving a use permit, the review authority may impose reasonable conditions or restrictions deemed necessary to:

A.

Ensure that the proposal conforms in all significant aspects with the general plan and with any other applicable plans or policies adopted by the city council;

B.

Achieve the general purpose of this title or the specific purpose of the zoning district in which the project is located;

C.

Achieve the findings for a use permit listed in Section 17.40.070, Required Findings, above; or

D.

Mitigate any potentially significant impacts identified as a result of environmental review conducted in compliance with the California Environmental Quality Act.

The review authority may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

(Ord. No. 662, § 2, 12-13-23)

A.

Appeals. An applicant or any other aggrieved party may appeal a decision on a use permit pursuant to the provisions of Section 17.36.130, Appeals.

B.

Expiration, Extensions and Revisions. Use permits are effective and may only be extended or revised as provided for in Chapter 17.36, Common Procedures.

C.

Revocation. Use permit approval may be revoked pursuant to Section 17.48.080, Revocation, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated.

(Ord. No. 662, § 2, 12-13-23)

This chapter establishes a process for review and approval of certain uses that are intended to be of limited duration of time and will not permanently alter the character or physical facilities of the site where they occur.

(Ord. No. 662, § 2, 12-13-23)

An application for a temporary use permit shall be submitted at least fifteen days before the use is intended to begin. The application shall be on the required form and shall include the written consent of the owner of the property or the agent of the owner.

(Ord. No. 662, § 2, 12-13-23)

A.

Posted Notice. At least ten days before the date the temporary use will commence, notice shall be posted on the project site.

B.

Contents of Notice. The notice shall include the following information:

1.

The location of the real property, if any, that is the subject of the application;

2.

A general description of the proposed temporary use;

3.

The city's file number assigned to the application;

4.

The date, time, and duration of the temporary use;

5.

The location and times as which the application and project file may be viewed by the public; and

6.

A statement describing how to submit written comments.

(Ord. No. 662, § 2, 12-13-23)

The director may approve an application for a temporary use only upon making both of the following findings:

A.

The proposed use will not unreasonably affect adjacent properties, their owners and occupants, or the surrounding neighborhood, and will not in any other way constitute a nuisance or be detrimental to the health, safety, peace, comfort, or general welfare of persons residing or working in the area of such use or to the general welfare of the city; and

B.

The proposed use will not unreasonably interfere with pedestrian or vehicular traffic or circulation in the area surrounding the proposed use, and will not create a demand for additional parking that cannot be safely and efficiently accommodated by existing parking areas.

(Ord. No. 662, § 2, 12-13-23)

The director may impose reasonable conditions deemed necessary to ensure compliance with the findings for a temporary use permit listed in Section 17.41.040, Required Findings, including, but not limited to:

A.

Regulation of ingress and egress and traffic circulation;

B.

Fire protection and access for fire vehicles;

C.

Regulation of lighting;

D.

Regulation of hours and/or other characteristics of operation; and

E.

Removal of all trash, debris, signs, sign supports and temporary structures and electrical service.

The director may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

(Ord. No. 662, § 2, 12-13-23)

The purpose of this chapter is to establish an alternate means of granting relief from the requirements of this title when so doing would be consistent with the purposes of the zoning code and it is not possible or practical to approve a variance.

(Ord. No. 662, § 2, 12-13-23)

Modifications may be granted as specifically identified in any other section of this title and as follows:

A.

Dimensional Requirements. Relief from dimensional requirements of property development standards specified in this title. Types of standards for which modifications may be approved include, but are not limited to:

1.

Setbacks. Front, side, and rear setback standards.

2.

Parking. The dimensional standards for parking spaces, aisles, driveways, landscaping, garages, and parking facility design.

3.

Fences. Standards for the location, height, and design of fences.

4.

Lot Coverage. Standards for the maximum amount of lot coverage.

5.

Landscaping. Standards for required landscaping and plantings.

6.

Transparency. Required ground-floor building transparency.

7.

Other Standards. Up to ten percent of other development standards not listed in subsection B below.

B.

Exclusions. Modification of the following standards may not be granted:

1.

Residential density.

2.

Maximum floor area ratio (FAR).

(Ord. No. 662, § 2, 12-13-23)

A.

Director. The director may grant modifications as specifically identified in any other section of this title and the following.

1.

Relief of ten percent or less of the dimensional requirement of property development standards specified in this title.

B.

Planning Commission. The planning commission may grant modifications as specifically identified in any other section of this title and the following.

1.

Relief of more than ten percent of the dimensional requirement of property development standards specified in this title.

(Ord. No. 662, § 2, 12-13-23)

A.

Concurrent Processing. If a request for a modification is being submitted in conjunction with an application for another approval, permit, or entitlement, it shall be heard and acted upon at the same time and in the same manner as that application.

B.

Application Requirements. An application for a modification shall be filed to the planning division in accordance with Section 17.36.020, Application Forms and Fees. In addition to any other application requirements, the application shall state in writing the nature of the modification requested and explain why the findings necessary to grant the modification are satisfied. The applicant shall also submit plans delineating the requested modification.

(Ord. No. 662, § 2, 12-13-23)

Public notice pursuant to Section 17.36.060, Public Notice, is required for all modifications.

(Ord. No. 662, § 2, 12-13-23)

A.

Director Approvals. No public hearing is required for modifications where the director is the review authority.

B.

Planning Commission Approvals. A public hearing pursuant to Section 17.36.070, Conduct of Public Hearings, shall be held where the planning commission is the review authority.

(Ord. No. 662, § 2, 12-13-23)

A decision to grant a modification shall be based on the following findings:

A.

The modification is necessary due to the physical characteristics of the property and the proposed use or structure or other circumstances, including, but not limited to, topography, noise exposure, irregular property boundaries, or other unusual circumstance.

B.

There are no alternatives to the requested modification that could provide an equivalent level of benefit to the applicant with less potential detriment to surrounding owners and occupants or to the general public.

C.

The granting of the requested modification would not be detrimental to the health or safety of the public or the occupants of the property or result in a change in land use or density that would be inconsistent with the requirements of this title.

(Ord. No. 662, § 2, 12-13-23)

In approving a modification, the review authority may impose any conditions deemed necessary to:

A.

Ensure that the proposal conforms in all significant respects with the general plan, local coastal program, and with any other applicable plans or policies adopted by the city council;

B.

Achieve the general purposes of this title or the specific purposes of the zoning district in which the project is located;

C.

Achieve the findings for a modification granted; or

D.

Mitigate any potentially significant impacts identified as a result of review conducted in compliance with the California Environmental Quality Act.

The review authority may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

(Ord. No. 662, § 2, 12-13-23)

A.

Appeals. The applicant or any other aggrieved party may appeal a decision on modification pursuant to the provisions of Section 17.36.130, Appeals.

B.

Expiration, Extensions, and Revisions. Modifications granted under this chapter are effective and may only be extended or revised as provided for in Chapter 17.36, Common Procedures.

C.

Revocation. Modification approval may be revoked pursuant to Section 17.48.080, Revocation, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated.

(Ord. No. 662, § 2, 12-13-23)

This chapter provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts) in the application of zoning laws and other land use regulations, policies and procedures.

(Ord. No. 662, § 2, 12-13-23)

A.

A request for reasonable accommodation may be made by any person with a disability, their representative or any entity, when the application of a requirement of this title or other city requirement, policy or practice acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or developmental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment. This chapter is intended to apply to those persons who are defined as disabled under the Acts.

B.

A request for reasonable accommodation may include a change or exception to the rules, standards and practices for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

C.

A reasonable accommodation is granted to the household that needs the accommodation and does not apply to successors in interest to the property.

D.

A reasonable accommodation may be granted in compliance with this chapter without the need for the approval of a variance.

E.

Requests for reasonable accommodation shall be as described in the following section.

(Ord. No. 662, § 2, 12-13-23)

A.

Community Development Director. Requests for reasonable accommodation shall be reviewed by the community development director if no approval is sought other than the request for reasonable accommodation. The written determination to grant, grant with changes, or deny the request for reasonable accommodation shall be made in accordance with the findings and decision as established below.

B.

Other Review Authority. Requests for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority responsible for reviewing the discretionary land use application. The written determination to grant, grant with changes, or deny the request for reasonable accommodation shall be made in accordance with the findings and decision as established below.

(Ord. No. 662, § 2, 12-13-23)

A.

Application. Requests for reasonable accommodation shall be submitted in the form of a letter to the community development director and shall contain the following information:

1.

The applicant's name, address and telephone number;

2.

Address of the property for which the request is being made;

3.

The current actual use of the property;

4.

The basis for the claim that the individual is considered disabled under the Acts;

5.

The zoning code provision, regulation or policy from which reasonable accommodation is being requested; and

6.

Why the reasonable accommodation is necessary to make the specific property accessible to the individual.

B.

Review with Other Land Use Applications. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (e.g., conditional use permit, coastal development permit, etc.), then the applicant shall file the application for discretionary approval together with the information required by subsection A above for concurrent review.

(Ord. No. 662, § 2, 12-13-23)

The written decision to grant or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on consideration of the following factors:

A.

Whether the housing, which is the subject of the request, will be used by an individual disabled under the Acts;

B.

Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts;

C.

Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the city;

D.

Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a city program or law, including but not limited to land use, zoning, or the local coastal program;

E.

Potential impact on surrounding uses;

F.

Physical attributes of the property and structures; and

G.

Alternative reasonable accommodations that may provide an equivalent level of benefit.

(Ord. No. 662, § 2, 12-13-23)

In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required herein. The conditions shall also state whether the accommodation granted shall be rescinded in the event that the person for whom the accommodation was requested no longer resides on the property.

(Ord. No. 662, § 2, 12-13-23)

This chapter is intended to provide a mechanism for relief from the strict application of this title where this will deprive the property owner of privileges enjoyed by similar properties because of the subject property's unique and special conditions.

(Ord. No. 662, § 2, 12-13-23)

Variances may be granted to vary or modify dimensional and performance standards, but variances may not be granted to allow uses or activities that this title does not authorize for a specific lot or site.

(Ord. No. 662, § 2, 12-13-23)

The planning commission shall approve, conditionally approve, or deny applications for variances based on consideration of the requirements of this chapter. A variance sought for any CDP shall be processed pursuant to the CDP application requirements specified in Chapter 17.39.

(Ord. No. 662, § 2, 12-13-23)

Applications for a variance shall be filed with the planning division on the prescribed application forms in accordance with the procedures in Chapter 17.36, Common Procedures. In addition to any other application requirements, the application for a variance shall include data or other evidence showing that the requested variance conforms to the required findings set forth in Section 17.44.070, Required Findings.

(Ord. No. 662, § 2, 12-13-23)

An application for a variance shall require public notice pursuant to Section 17.36.060, Public Notice.

(Ord. No. 662, § 2, 12-13-23)

An application for a variance shall require a public hearing before the planning commission pursuant to Section 17.36.070, Conduct of Public Hearings.

(Ord. No. 662, § 2, 12-13-23)

The review authority must make all of the following findings in order to approve or conditionally approve a variance application. The inability to make one or more of the findings is grounds for denial of an application.

A.

There are exceptional or extraordinary circumstances or conditions applicable to the property involved that do not apply generally to property in the vicinity and identical zoning district, and that the granting of a variance will not constitute a granting of a special privilege inconsistent with the limitations on the property in the vicinity and identical zone district;

B.

The granting of the variance is necessary to prevent a physical hardship which is not of the applicant's own actions or the actions of a predecessor in interest;

C.

The granting of the variance will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare or convenience; and

D.

The granting of the variance will be consistent with the general purposes and objectives of this title, any applicable specific plans, and of the general plan.

(Ord. No. 662, § 2, 12-13-23)

In approving a variance, the planning commission may impose reasonable conditions deemed necessary to ensure compliance with the findings required in Section 17.44.070, Required Findings, above and may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

(Ord. No. 662, § 2, 12-13-23)

A.

Appeals. The applicant or any other aggrieved party may appeal a decision on a variance pursuant to the provisions of Section 17.36.130, Appeals.

B.

Expiration, Extensions and Revision. Variances are effective and may only be extended or revised as provided for in Chapter 17.36, Common Procedures.

C.

Revocation. Approval of a variance may be revoked pursuant to Section 17.48.080, Revocation, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated.

(Ord. No. 662, § 2, 12-13-23)

This chapter establishes a process for consideration and review of development agreements consistent with Section 65864 et seq., of the Government Code. Development agreements are legally binding agreements that grant assurance that an applicant may proceed with development in accord with policies, rules, and regulations in effect at the time of approval subject to conditions to promote the orderly planning of public improvements and services, allocate costs to achieve maximum utilization of public and private resources in the development process, and ensure that appropriate measures to enhance and protect the environment are achieved.

(Ord. No. 662, § 2, 12-13-23)

A.

The city incorporates by reference the provisions of Government Code Sections 65864—65869.5. In the event of any conflict between these statutory provisions and this chapter, this chapter shall control.

B.

A development agreement may be considered for a proposed development that will require a developer to make a substantial investment at the early stages of the project for planning and engineering for the entire project and for public facilities and services.

(Ord. No. 662, § 2, 12-13-23)

A.

The director shall negotiate the specific components and provisions of the development agreement on behalf of the city for review by the planning commission and recommendation to the city council.

B.

The planning commission shall review the development agreement and provide recommendation to the city council.

C.

The city council shall have the exclusive authority to approve a development agreement.

(Ord. No. 662, § 2, 12-13-23)

Applications for development agreements shall be filed with the community development department in accordance with the provisions set forth in Section 17.36.020, Application Forms and Fees. In addition to any other application requirements, the application for a development agreement shall include data or other evidence in support of the applicable findings required by Section 17.45.090, Required Findings.

(Ord. No. 662, § 2, 12-13-23)

A.

Required Contents. A development agreement shall specify its duration; the permitted uses of the subject property; the general location and density or intensity of uses; the general location, maximum height and size of proposed buildings; and provisions for reservation or dedication of land for public purposes. It shall contain provisions concerning its transferability.

B.

Additional Contents. Development agreements may also include the following:

1.

Improvements and Fees. A development agreement may include requirements for construction and maintenance of onsite and offsite improvements or payment of fees in lieu of such dedications or improvements.

2.

Conditions. A development agreement may also include conditions, terms, restrictions, and requirements for subsequent discretionary actions but does not eliminate the applicant's responsibility to obtain all required land use approvals.

3.

Phasing. A development agreement may provide that the project be constructed in specified phases, that construction shall commence within a specified time, and that the project or any phase thereof be completed within a specified time.

4.

Financing. If the development agreement requires applicant financing of necessary public facilities, it may include terms relating to subsequent reimbursement over time for such financing.

5.

Indemnity. A development agreement may contain an indemnity clause requiring the applicant to indemnify and hold the city harmless against claims arising out of or in any way related to the actions of applicant in connection with the application or the development process, including all legal fees and costs.

6.

Performance Obligation Fees. A development agreement may include provisions to guarantee performance of obligations stated in the agreement.

7.

Other Items. Other components and provisions as negotiated by city.

(Ord. No. 662, § 2, 12-13-23)

A proposed development agreement shall be signed by the applicant before it is placed before the planning commission and the city council for consideration at a public hearing. Public notice of hearings by the planning commission and city council for a development agreement shall be given as specified in Section 17.36.060, Public Notice. Notice of the hearing shall also be mailed or delivered at least ten days before the hearing to any other local agency expected to provide essential facilities or services to the property that is the subject of the development agreement.

(Ord. No. 662, § 2, 12-13-23)

A.

Hearing. The planning commission shall conduct a public hearing for the purpose of making recommendations to the city council in conformance with the provisions of Section 17.36.070, Conduct of Public Hearings.

B.

Recommendation to Council. Following the public hearing, the planning commission shall make a written recommendation on the proposed development agreement. The community development director shall transmit the planning commission's written recommendation and record of the application to the city council.

C.

Denial. If the planning commission has recommended against the development agreement, the development agreement is not forwarded to the city council unless an appeal is filed in accordance with Section 17.36.130, Appeals or the city council call for review.

(Ord. No. 662, § 2, 12-13-23)

A.

Hearing. After receiving the report from the planning commission but no later than the time specified by Section 65943 of the Government Code, the city council shall hold a public hearing in conformance with the provisions of Chapter 17.36, Common Procedures.

B.

Decision. After the conclusion of the hearing, the city council shall approve, revise, or disapprove the development agreement. Approval of a development agreement shall be by ordinance. Matters not previously considered by the planning commission during its hearing may, but need not, be referred back to the planning commission for report and recommendation. The planning commission is not required to hold a public hearing. Failure of the planning commission to provide a report to the city council within forty-five days after the referral, shall be deemed a recommendation for approval.

(Ord. No. 662, § 2, 12-13-23)

The city council shall find that the project is deemed essential or desirable to the public convenience or welfare and is consistent with the general plan, local coastal plan, and any applicable specific plan in order to approve or conditionally approve a development agreement.

(Ord. No. 662, § 2, 12-13-23)

Within ten days of city council approval of the development agreement, the director shall execute the development agreement on behalf of the city, and the city clerk shall record the development agreement with the county recorder.

(Ord. No. 662, § 2, 12-13-23)

The applicant shall be required to demonstrate compliance with the provisions of the development agreement at least once a year at which time the director shall review each approved development agreement.

A.

Finding of Compliance. If the director, on the basis of substantial evidence, finds compliance by the applicant with the provisions of the development agreement, the director shall issue a finding of compliance, which shall be in recordable form and may be recorded with the county recorder after conclusion of the review.

B.

Finding of Noncompliance. If the director finds the applicant has not complied with the provisions of the development agreement, the director may issue a finding of noncompliance which may be recorded by the city with the county recorder after it becomes final. The director shall specify in writing to the applicant the respects in which applicant has failed to comply, and shall set forth terms of compliance and specify a reasonable time for the applicant to meet the terms of compliance. If applicant does not comply with any terms of compliance within the prescribed time limits, the development agreement shall be subject to termination or revision pursuant to this chapter.

C.

Appeal of Determination. Within seven days after issuance of a finding of compliance or a finding of noncompliance, any interested person may file a written appeal of the finding with the city council. The appellant shall pay fees and charges for the filing and processing of the appeal in amounts established by resolution of the city council. The appellant shall specify the reasons for the appeal. The issuance of a finding of compliance or finding of noncompliance by the director and the expiration of the appeal period without appeal, or the confirmation by the city council of the issuance of the finding on such appeal, shall conclude the review for the applicable period and such determination shall be final.

(Ord. No. 662, § 2, 12-13-23)

A.

After Finding of Noncompliance. If a finding of noncompliance does not include terms of compliance, or if applicant does not comply with the terms of compliance within the prescribed time limits, the director may refer the development agreement to the city council for termination or revision. The city council shall conduct a public hearing. After the public hearing, the city council may terminate the development agreement, revise the finding of noncompliance, or rescind the finding of noncompliance, and issue a finding of compliance.

B.

Mutual Agreement. Any development may be canceled or amended by mutual consent of the parties following compliance with the procedures specified in this section. A development agreement may also specify procedures for administrative approval of minor amendments by mutual consent of the applicant and director.

C.

Recordation. If the parties to the agreement or their successors in interest amend or cancel the development agreement, or if the city terminates or revises the development agreement for failure of the applicant to fully comply with the provisions of the development agreement, the city clerk shall record notice of such action with the county recorder.

D.

Rights of the Parties After Cancellation or Termination. In the event that a development agreement is cancelled or terminated, all rights of the applicant, property owner or successors in interest under the development agreement shall terminated. If a development agreement is terminated following a finding of noncompliance, the city may, in its sole discretion, determine to return any and all benefits, including reservations or dedications of land, and payments of fees, received by the city.

(Ord. No. 662, § 2, 12-13-23)

A.

Existing Rules and Regulations. Unless otherwise specified in the development agreement, the city's rules, regulations and official policies governing permitted uses of the property, density and design, and improvement standards and specifications applicable to development of the property shall be those city rules, regulations and official policies in force on the effective date of the development agreement.

B.

Future Rules and Regulations. A development agreement shall not prevent the city, in subsequent actions applicable to the property, from applying new rules, regulations and policies that do not conflict with those rules, regulations and policies applicable to the property as set forth in the development agreement. A development agreement shall not prevent the city from denying or conditionally approving any subsequent land use permit or authorization for the project on the basis of such existing or new rules, regulations, and policies.

C.

State and Federal Rules and Regulations. In the event that state or federal laws or regulations, enacted after a development agreement has been entered into, prevent or preclude compliance with one or more provisions of the development agreement, such provisions of the agreement shall be revised or suspended as may be necessary to comply with such state or federal laws or regulations.

(Ord. No. 662, § 2, 12-13-23)

The procedures for enforcement, amendment, revision, cancellation or termination of a development agreement specified in this chapter and in Government Code Section 65865.4 or any successor statute, are nonexclusive. A development agreement may be enforced, amended, revised, cancelled or terminated by any manner otherwise provided by law or by the provisions of the development agreement.

(Ord. No. 662, § 2, 12-13-23)

This chapter establishes a process for consideration and review of general plan and zoning amendments. More specifically, the purpose of this chapter is to:

A.

Establish procedures for making changes to the general plan to address changes in applicable law and problems and opportunities that were unanticipated at the time of general plan adoption or the last amendment.

B.

Establish procedures for making changes to the text of this title or to the zoning map whenever the public necessity, convenience, general welfare, or good zoning practice justify such amendment, consistent with the general plan.

(Ord. No. 662, § 2, 12-13-23)

The procedures in this chapter shall apply to:

A.

All proposals to change the text of the general plan and the maps that illustrate the application of its provisions, and

B.

All proposals to change the text of this title, a zoning district classification, or a zoning district boundary line shown on the zoning map.

(Ord. No. 662, § 2, 12-13-23)

An amendment to the general plan, zoning code, or zoning map may be initiated by any qualified applicant identified in Section 17.36.020, Application Forms and Fees, or a motion of the city council.

(Ord. No. 662, § 2, 12-13-23)

Applications for a general plan or zoning amendment shall be filed with the director in accordance with the provisions set forth in Section 17.36.020, Application Forms and Fees. In addition to any other application requirements, the application for a general plan or zoning amendment shall include such additional information and supporting data as considered necessary to process the application.

(Ord. No. 662, § 2, 12-13-23)

Except as otherwise provided by applicable law, no mandatory element of the general plan can be amended more frequently than four times during any calendar year. Subject to that limitation, an amendment may be made at any time, as determined by the city council. Each amendment may include more than one change to the general plan.

(Ord. No. 662, § 2, 12-13-23)

A.

Staff Report. The director shall prepare a report and recommendation to the planning commission on any application for an amendment. The report shall include, but is not limited to, a discussion of how the proposed amendment complies with the purposes of this chapter, a determination as to whether the proposed amendment is consistent with other plans that the city council has adopted, and an environmental document prepared in compliance with the California Environmental Quality Act.

B.

Public Hearing Required. All amendments shall be referred to the planning commission, which shall hold at least one public hearing on any proposed amendment.

C.

Public Notice. At least ten days before the date of the public hearing, the planning division shall provide notice consistent with Section 17.36.060, Public Notice. Notice of the hearing also shall be mailed or delivered at least ten days prior to the hearing to the San Luis Coastal Unified School District and any other local agency expected to provide essential facilities or services to the property that is the subject of the proposed amendment.

(Ord. No. 662, § 2, 12-13-23)

A.

Planning Commission Hearing. The planning commission shall conduct a public hearing in conformance with Section 17.36.070, Conduct of Public Hearings.

B.

Recommendation to Council. Following the public hearing, the planning commission shall make a recommendation on the proposed amendment to the city council. Such recommendation shall include the reasons for the recommendation, findings related to supporting the recommendation, and the relationship of the proposed amendment to applicable plans, and shall be transmitted to the city council in the form of a council staff report, prepared by planning staff, with a copy of the approved minutes from the planning commission meeting.

(Ord. No. 662, § 2, 12-13-23)

A.

City Council Hearing. After receiving the report from the planning commission, the city council shall hold at least one duly-noticed public hearing. The notice shall include a summary of the planning commission recommendation. If the planning commission has recommended against the adoption of such amendment, the city council is not required to take any further action unless an interested party files a written request for a hearing with the city clerk within ten days after the planning commission action.

B.

City Council Action. After the conclusion of the hearing, the city council may approve, revise, or deny the proposed amendment. If the council proposes any substantial revision not previously considered by the planning commission during its hearings, the revision shall first be referred back to the planning commission for report and recommendation, but the planning commission shall not be required to hold a public hearing. The failure of the planning commission to report within forty-five days after the referral, shall be deemed a recommendation to approve and the amendment shall be returned to council for adoption.

(Ord. No. 662, § 2, 12-13-23)

The planning commission shall not recommend and the city council shall not approve a zoning amendment unless the proposed amendment is found to be consistent with the general plan.

(Ord. No. 662, § 2, 12-13-23)

The purpose of this chapter is to establish a procedure for zoning property upon annexation.

(Ord. No. 662, § 2, 12-13-23)

Unincorporated territory adjoining the city may be pre-zoned for the purpose of determining the zoning that will apply to such property upon annexation.

(Ord. No. 662, § 2, 12-13-23)

Zoning of property to be annexed shall be established through initiation and processing according to the procedures established under Chapter 17.46, Amendments to the General Plan, Zoning Code, and Zoning Map and, if applicable, an amendments to the local coastal program.

(Ord. No. 662, § 2, 12-13-23)

The zoning of the property to be annexed shall become effective at the time that annexation to the city becomes effective pursuant to Government Code Section 56000 et seq. If the subject area has not been annexed to the city within five years of the date of zoning approval, the zoning approval is subject to reconsideration.

(Ord. No. 662, § 2, 12-13-23)

This chapter establishes the responsibilities of various departments, officials, and public employees of the city to enforce the requirements of this title and establishes uniform procedures the city will use to identify, abate, remove, and enjoin uses, buildings, or structures that are deemed to be in violation of this title.

(Ord. No. 662, § 2, 12-13-23)

All departments, officials and public employees of the city vested with the duty or authority to issue permits or licenses, shall conform to the provisions of this title and shall issue no permit or license for uses, buildings or purposes in conflict with the provisions of this title; and any such permit or license issued in conflict with the provisions of this title shall be null and void.

A.

It shall be the duty of the director to enforce each and all provision of this title. The chief of police shall render such assistance in the enforcement of this title as may from time to time be required.

(Ord. No. 662, § 2, 12-13-23)

Public nuisances are as designated in Section 8.14.020, Definitions, of the Morro Bay Municipal Code. Any building, structure, or planting set up, erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this title, any use of any land, building, or premises established, conducted, operated, or maintained contrary to the provisions of this title, and failure to comply with any of the conditions of a permit granted under this title is declared to be unlawful and a public nuisance.

(Ord. No. 662, § 2, 12-13-23)

The director or designee shall have the same right of entry as that set out in Section 8.14.060, Right of Entry, of the Morro Bay Municipal Code.

(Ord. No. 662, § 2, 12-13-23)

Following identification of a violation of this title or of a public nuisance, the director shall issue a notice of violation to the property owner and occupant of the subject property. The notice shall specify the exact violation or nuisance that has been identified, a date by which the nuisance must be corrected, provisions regarding re-inspection and any fees that may apply, and the name and contact information of the director or designee. Prior to initiation of nuisance abatement, the property owner shall have the opportunity to cure the violation within the specified time period. The director may authorize additional re-inspections if there is substantial progress in curing the violation, and all re-inspection fees are paid as required by the adopted city fee schedule.

(Ord. No. 662, § 2, 12-13-23)

A.

Misdemeanor/Infraction. Any person who violates any provisions of this title shall be deemed guilty of a misdemeanor/infraction and upon conviction thereof, shall be punishable as provided in Title 1, General Provisions, the Morro Bay Municipal Code.

B.

Penalty Limits. The imposition of one penalty shall not exclude the violation or permit such violations to continue.

C.

Time Requirements. Any person who violates any provision of this title shall be required to correct or remedy such violations within a reasonable period of time.

D.

Additional Offenses. When not otherwise specified, the existence of a zoning violation for each and every day after service of reasonable written notice shall be deemed a separate and distinct offense.

(Ord. No. 662, § 2, 12-13-23)

The remedies provided for herein shall be cumulative and not exclusive. Upon a finding of nuisance pursuant to this chapter, and after giving the property owner an opportunity to cure the nuisance and determining that the nuisance still exists, the planning commission or city council may impose any remedy available at law or in equity, which shall include, but is not limited to, any of the following or combination thereof:

A.

Ordering the cessation of the use in whole or in part;

B.

Imposing reasonable conditions upon any continued operation of the use, including those uses that constitute existing non-conforming uses;

C.

Requiring continued compliance with any conditions so imposed;

D.

Requiring the user to guarantee that such conditions shall in all respects be complied with; or

E.

Imposing additional conditions or ordering the cessation of the use in whole or in part upon a failure of the user to comply with any conditions so imposed.

(Ord. No. 662, § 2, 12-13-23)

Any permit granted under this title may be revoked or revised for cause if any of the conditions or terms of the permit are violated or if any law or ordinance is violated.

A.

Initiation of Proceeding. Revocation proceedings may be initiated by the city council, planning commission, or director.

B.

Public Notice, Hearing, and Action. After conducting a duly-noticed public hearing, the planning commission shall act on the proposed revocation.

C.

Required Findings. The planning commission may revoke or revise the permit if it makes any of the following findings:

1.

The approval was obtained by means of fraud or misrepresentation of a material fact;

2.

The use, building, or structure has been substantially expanded beyond what is set forth in the permit or substantially changed in character;

3.

The non-residential use in question has ceased to exist or has been suspended for twelve months or more. No lawful residential use can lapse regardless of length of time of vacancy;

4.

There is or has been a violation of or failure to observe the terms or conditions of the permit or variance, or the use has been conducted in violation of the provisions of this title, or any applicable law or regulation; or

5.

The use to which the permit or variance applies has been conducted in a manner detrimental to the public safety, health and welfare, or so as to be a nuisance.

D.

Notice of Action. Within seven days of a planning commission action to revoke or revise a permit, the director shall issue a notice of action describing the commission's action, with its findings. The director shall mail notice to the permit holder and to any person who requested the revocation proceeding.

E.

Appeal. A decision on a revocation of a permit may be appealed pursuant to Section 17.36.130, Appeals.

(Ord. No. 662, § 2, 12-13-23)

A.

If compliance is not had with an order of the director to correct violations of this title within the time specified therein, the director may file a certified statement with the county recorder describing the property and certifying that:

1.

The property and/or structure is in violation of this title; and

2.

The owner has been so notified. The notice shall specifically describe the violations and a proof of service shall also be recorded with the notice and order.

B.

Whenever the corrections ordered have been completed, the director shall file a new certified statement with the county recorder certifying that all required corrections have been made so that the property and/or structure is no longer in violation of this title.

(Ord. No. 662, § 2, 12-13-23)

The director may cause a notice to appear in court to an owner or occupant for a violation pursuant to Section 8.14.080, Citations, of the Morro Bay Municipal Code.

(Ord. No. 662, § 2, 12-13-23)

The city may abate nuisances pursuant to the procedures of Section 8.14.090, Nuisance Abatement, of the Morro Bay Municipal Code.

(Ord. No. 662, § 2, 12-13-23)

The city attorney may apply to such court or courts as may have jurisdiction to grant such relief as will abate or correct any violation of this title, or restrain and enjoin any person from continuing a violation of this title.

(Ord. No. 662, § 2, 12-13-23)