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HomeMy WebLinkAboutOrdinance 678 2026 IP Amendments - signed 1 ORDINANCE NO. 678 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, AMENDING CHAPTERS 17.07,17.08, AND 17.23 OF THE ZONING CODE / COASTAL IMPLEMENTATION PLAN (IP), TITLE 17 OF THE MORRO BAY CITY MUNICIPAL CODE (MBMC) THE CITY COUNCIL City of Morro Bay, California WHEREAS, California Government Code Section 65300 requires the City adopt a comprehensive, long-term general plan for the physical development of the City; and WHEREAS, in May 2021 the City of Morro Bay (the “City”) adopted a comprehensive update to its General Plan and Local Coastal Program Coastal Land Use Plan (LCP) known as Plan Morro Bay; and WHEREAS, in November 2022, to implement Plan Morro Bay, the City adopted a comprehensive update to its Zoning Code / Coastal Implementation Plan (IP) via Ordinance 654 which was subsequently submitted to the California Coastal Commission as an LCP amendment application for certification and certified in 2024 following amendments adopted by the City Council in 2023; and WHEREAS, amendments to the Zoning Code / IP are necessary to provide consistency with the General Plan/LCP and to ensure compliance with the California Coastal Act; and WHEREAS, on November 5, 2025, the City of Morro Bay Planning Commission (the “Planning Commission”), upon review of the 2024 Annual General Plan Progress Report, recommended the City of Morro Bay City Council (the “City Council”) authorize staff to amend certain sections of the Zoning Code to reinstate previously repealed sections of the Zoning Code, improve clarity and consistency, and comply with the latest State Accessory Dwelling Unit (ADU) laws; and WHEREAS, on December 9, 2025, the City Council, upon review of the 2024 Annual General Plan Progress Report, authorized the Planning Commission’s recommended Zoning Code amendments; and WHEREAS, on January 20, 2026, the Planning Commission conducted a public hearing in a hybrid format with both an in-person meeting at the Morro Bay Veterans Memorial Building, 209 Surf Street, Morro Bay, CA 93442 as well as through virtual public participation provided telephonically through Zoom, for the purpose of considering a favorable recommendation to the City Council for adoption of the Zoning Code / IP Amendments; and WHEREAS, on January 20, 2026, the Planning Commission adopted Resolution No. PC 01-26, recommending City Council adoption of the proposed Zoning Code / IP amendments, 2 making the finding that no further environmental review is necessary pursuant to CEQA State Guidelines Section 15162; and WHEREAS, on February 24, 2026, the City Council conducted a duly-noticed public hearing in a hybrid format with both an in-person meeting at the Morro Bay Veterans Memorial Building, 209 Surf Street, Morro Bay, CA 93442 as well as through virtual public participation provided telephonically through Zoom, for the purpose of considering the proposed Zoning Code IP amendments, including the Planning Commission’s recommendation. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY DOES ORDAIN AS FOLLOWS: SECTION 1. Findings. The City Council finds: A. The above referenced recitals are true and correct and material to the adoption of this Ordinance and are incorporated herein by reference. B. The proposed Zoning Ordinance / IP amendments will not be injurious or detrimental to the health, safety, comfort, general welfare, or well-being of the persons residing or working in the neighborhood. C. The Local Coastal Plan IP amendments are intended to further the goals of the California Coastal Act, as set forth in Section 30001.5 of the Public Resources Code, to: 1. Protect, maintain, and where feasible, enhance and restore the overall quality of the coastal zone environment and its natural and artificial resources. 2. Assure orderly, balanced utilization and conservation of coastal zone resources taking into account the social and economic needs of the people of the state. 3. Maximize public access to and along the coast and maximize public recreational opportunities in the Coastal Zone consistent with sound resources conservation principles and constitutionally protected rights of private property owners. 4. Assure priority for coastal-dependent and coastal-related development over other development on the coast. 5. Encourage state and local initiatives and cooperation in preparing procedures to implement coordinated planning and development for mutually beneficial uses, including educational uses, in the Coastal Zone. D. Pursuant to the California Coastal Act of 1976, no amendment to the IP shall be legally effective in the Coastal Zone until the amendment is certified by the California Coastal Commission. If the California Coastal Commission certifies the LCP amendment conditioned on substantive changes being made, then the City Council will consider the adoption of modifications to incorporate those substantive changes. If the Coastal Commission certifies this Ordinance conditioned on non-substantive changes being made to this Ordinance, then the City Clerk is authorized to amend this Ordinance to reflect those non-substantive changes. 3 SECTION 2. Municipal Code Amendments. The City Council hereby adopts the proposed amendments to Title 17 (Zoning), Chapter 17.07 (Development Standards) and Chapter 17.23 (Sloping Lots) of the Morro Bay Municipal Code as shown in Exhibit A – MBMC Section 17.07.030: Development Standards (IP) and Section 17.23.140: Sloping Lots (IP), pending review and certification by the California Coastal Commission. SECTION 3. Municipal Code Amendments. The City Council hereby adopts the proposed amendments to Title 17 (Zoning), Chapter 17.08 (Development Standards) of the Morro Bay Municipal Code as shown in Exhibit B – MBMC Section 17.08.030: Development Standards (IP), pending review and certification by the California Coastal Commission. SECTION 5. CEQA Findings. No further environmental review is required pursuant to State CEQA Guidelines Section 15061(b)(3) and Statutory Exemption Section 15282(h). State CEQA Guidelines Section 15061(b)(3) states a project is exempt from CEQA if “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” The proposed Zoning Code Amendments will not have an impact on the environment. Any project on a property affected by the Zoning Code Amendments would receive site specific environmental review at the time of project application. The proposed Zoning Code Amendments that update Accessory Dwelling Unit standards are statutorily exempt from CEQA consistent with Section 15282(h) of the State CEQA Guidelines, which lists “the adoption of an ordinance regarding second units in a single family or multifamily residential zone by a city or council to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code as set forth in Section 21080.17 of the Public Resources Code,” as a being statutorily exempt from the provisions of CEQA. SECTION 6. Severability. If any section, subsection, phrase, or clause of this ordinance or any part thereof is for any reason held to be unconstitutional or otherwise unenforceable, such decision shall not affect the validity of the remaining portions of this ordinance or any part thereof. The City Council hereby declares that it would have passed this ordinance and each section, subsection, phrase or clause thereof irrespective of the fact that any one or more sections, subsections, phrases, or clauses be declared unconstitutional or otherwise unenforceable. SECTION 7. Effective Date. This Ordinance shall take effect upon certification of the Coastal Commission as required by the California Coastal Act of 1976. // // // // 4 SECTION 8. Certification. The City Clerk shall certify as to the passage and adoption of this Ordinance and shall cause the same to be posted and codified in the manner required by law. PASSED AND ADOPTED on the 24th day of February, 2026, by the following vote: AYES: Wixom, Eckles, Edwards, Luffee NOES: Landrum ABSENT: None ABSTAIN: None RECUSE: None __________________________ CARLA WIXOM, Mayor ATTEST: DANA SWANSON, City Clerk APPROVED AS TO FORM: _________________________________ BRIAN STACK, City Attorney Brian Stack (Feb 25, 2026 16:44:05 PST) Brian Stack Carla Wixom (Feb 26, 2026 15:54:08 PST) Carla Wixom 5 STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) CITY OF MORRO BAY ) I, Dana Swanson, City Clerk for the City of Morro Bay, California, do hereby certify that the foregoing Ordinance No. 678 was duly passed and adopted by the City Council of the City of Morro Bay at the regular meeting thereof, held on the 24th day of February 2026, by the following vote: AYES: Wixom, Eckles, Edwards, Luffee NOES: Landrum ABSENT: None ABSTAIN: None RECUSE: None IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Morro Bay, California, this day of , 2026. ______________________________ DANA SWANSON, City Clerk 26 February EXHIBIT A ORDINANCE NO. 678 Page 1 of 6 17.07.030 Development standards (IP). Table 17.07.030 A, Development Standards—RS districts, and Table 17.07.030 B, Development Standards— RL, RM, and RH districts, prescribe the development standards for residential districts. Additional regulations are denoted in the right hand column. Section numbers in this column refer to other sections of this code. Additional development standards are specified following the tables below. TABLE 17.07.030 A: DEVELOPMENT STANDARDS—RS DISTRICTS Standard RS-A RS-B Additional Information Lot Size (square feet) 2,500 sq ft or less 2,501 to 4,300 sq ft 4,301 sq ft and greater Lot and Density Standards Minimum Density (units/acre) 4.1 Maximum Density (units/acre) 7.0; or as allowed for SB 9 related development pursuant to 17.07.030 A Maximum Lot Coverage (% of lot) 50 50 45 50 See Section 17.02.030 H, Determining Lot Coverage Building Form and Location Standards Maximum Building Height (ft) 25 25 25 For parcels west of Highway 1 and north of No Name Creek, no portion of any structure except vents and chimneys may extend above the 50 foot elevation above sea level 14; 17 if roof pitch is 4:12 or greater See Section 17.02.030.C, Measuring Height and Section 17.23.070, Heights and Height Exceptions Maximum Number of Stories n/a n/a n/a 1 See Section 17.02.030 C.2, Measuring the Number of Stories EXHIBIT A ORDINANCE NO. 678 Page 2 of 6 Maximum Building Wall Height (ft) 30 30 30 n/a Minimum Setbacks (ft) Front 10 15 20 15 See Section 17.02.030 J, Determining Setbacks (Yards), Section 17.23.140, Sloping Lots, Section 17.23.050, Encroachments into Required Setbacks, and Section 17.27.100 F, Driveway Length and Accessibility Interior Side 3 10% of lot width, max 5 5 5 Corner Side 6 20% of lot width, max 10 10 15 Rear 5 5 10 5 See Section 17.23.050, Encroachments into Required Setbacks TABLE 17.07.030 B: DEVELOPMENT STANDARDS—RL, RM, AND RH DISTRICTS Standard RL RM RH Additional Information Lot and Density Standards Minimum Density (units/acre) 0 7.1 15.1 Maximum Density (units/acre) 4; or as allowed for SB 9 related development pursuant to 17.07.030 A 15 27 Maximum Lot Coverage (% of lot) 45 50 60 See Section 17.02.030 H, Determining Lot Coverage EXHIBIT A ORDINANCE NO. 678 Page 3 of 6 Building Form and Location Standards Maximum Building Height (ft) 25 25 30 See Section 17.23.070, Heights and Height Exceptions Maximum Wall Height (ft) 30 n/a n/a Minimum Setbacks (ft) For attached single-unit dwellings, required setbacks apply to the ends of rows of the dwellings. Front 20 Lots 2,500 sf or less: 10; Lots 2,501 to 4,300 sf: 15; Lots 4.301 sf or greater: 15 on West St, otherwise 20 15 See Section 17.02.030 J, Determining Setbacks (Yards), and Section 17.23.050, Encroachments into Required Setbacks See Section 17.27.100 F, Driveway Length and Accessibility Interior Side 10 10% of lot width, min 3, max 5 5 See Section 17.02.030 J, Determining Setbacks (Yards), and Section 17.23.050, Encroachments into Required Setbacks Corner Side 10 20% of lot width, min 5, max 10 20% of lot width, min 5, max 10 See Section 17.02.030 J, Determining Setbacks (Yards), and Section 17.23.050, Encroachments into Required Setbacks See Section 17.27.100 F, Driveway Length and Accessibility EXHIBIT A ORDINANCE NO. 678 Page 4 of 6 Rear 20 5 5, 20 when abutting an RL District See Section 17.02.030 J, Determining Setbacks (Yards), and Section 17.23.050, Encroachments into Required Setbacks Landscaping and Open Space Standards Minimum Landscaping (% of lot) 35 n/a n/a See Chapter 17.25, Landscaping Minimum Open Space (sq ft per residential unit) n/a Studio: 50 1-bedroom: 100 2 or more bedrooms: 150 See Section 17.23.100, Open Space A minimum of 50 square feet of private open space shall be provided per unit. Additional Development Standards. A. Senate Bill (SB) 9 Related Development. In the RS and RL districts, two dwelling units are allowed per lot if the following standards are met: 1. The proposed development shall not be located in any of the following areas: a. Prime farmland or farmland of statewide importance. b. Wetlands. c. High or very high fire hazard severity zone. d. Hazardous waste site. e. Within a delineated earthquake fault zone. f. Within a special flood hazard area/subject to a letter of map revision. g. Within regulatory floodway. h. Lands identified for conservation in an adopted natural community conservation plan. i. Habitat for protected species. j. Lands under conservation easement. k. Within a historic district or property included on the state historic resources inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance. EXHIBIT A ORDINANCE NO. 678 Page 5 of 6 2. The proposed development shall not require demolition or alteration of any of the following types of housing: a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. b. Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power. c. Housing that has been occupied by a tenant in the last three years. 3. The proposed development shall not be located on a lot on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within fifteen years before the date that the development proponent submits an application. 4. The proposed development shall not involve the demolition of more than twenty -five percent of the existing exterior structural walls. 5. A maximum of two residential units are allowed per lot, inclusive of accessory dwelling units and junior accessory dwelling units. 6. Each unit constructed pursuant to this subsection shall comply with all provisions of the base, overlay, or specific plan district, except as modified by this section. a. Interior Side and Rear Setbacks. A minimum four foot side and rear setback is required; however no setback is required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. b. Parking. A minimum of one space per unit shall be provided unless: i. The lot is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code. ii. There is a car share vehicle located within one block of the lot. c. Rental Limitations. Rental terms shall be a minimum of thirty consecutive days. 7. If located in the coastal zone, the project must also be found consistent with all applicab le provisions of the LCP, including those specified in Section 17.14.040 B. (Ord. No. 662, § 2, 12-13-23) 17.23.140 Sloping lots (IP). The following standards apply to development on lots with an average slope of fifteen percent or greater prior to grading. A. Downhill Facing Building Elevation. The building elevation facing the downslope shall have a maximum height of twenty feet from finished grade with sufficient articulation from that building face to the next highest story to minimize the visual height and bulk as viewed from the lowest finished grade. B. Articulation. The apparent size of exterior wall surfaces visible from off the site shall be minimized through the use of bays, recesses, stepbacks, overhangs, landscaping, and/or other means of horizontal and vertical articulation to create changing shadow lines and break up massive forms. Page 6 of 6 C. Foundation Design. The use of multi-level foundations (floor levels separated by a minimum of four feet) shall be the standard design for residential structures unless an alternative design, with less grading, is approved through the design review process as more appropriate for the site. D. Underfloors. Areas between the lowest floor and finished grade shall not exceed six feet in height. E. Decks. No portion of the walking surface of a deck with visible underpinnings shall exceed a height of six feet above grade. Decks shall be integrated into the architecture of the structure, and not appear as an add-on to the primary building mass. F. Sloping Lot Adjustment. Notwithstanding any other requirements in this title, in cases where the elevation of the front half of the lot at a point fifty feet from the centerline of the public right -of-way is seven feet above or below the grade of said centerline, a private garage, attached or detached, may be built to within five feet of the front line of the lot, provided that the garage has an automatic rolling type garage door opener. For lots located below street grade only, the garage roof portion of the structure may be permitted to extend ten feet above the street grade at the garage location unless the height of the residence is allowed to be constructed taller in which case the garage may be permitted to be constructed to the height of the rest of the residence. FIGURE 17.23.140: SLOPING LOTS (Ord. No. 662, § 2, 12-13-23) EXHIBIT B ORDINANCE NO. 678 Page 1 of 4 17.08.030 Development standards (IP). Table 17.08.030, Development Standards—Commercial and Mixed Use Districts, prescribes the development standards for commercial and mixed use districts. Additional regulations are denoted in the right hand column. Section numbers in this column refer to other sections of this code. TABLE 17.08.030: DEVELOPMENT STANDARDS—COMMERCIAL AND MIXED USE DISTRICTS Standard NC CC DC VSC TMU Additional Information Lot and Density Standards Minimum Density (residential dwelling units/acre) applicable only to residential and mixed-use development 4.1 15.1 n/a n/a 15.1 Maximum Density (residential dwelling units/acre) 15 27 27 As allowed in the Mixed Use Residential Overlay, Chapter 17.16 27 See Section 17.24, Affordable Housing, Density Bonuses, and Other Incentives Maximum Floor Area Ratio (FAR), applicable only to non- residential floor area 1.0 1.25 0.5 1.25 1.0 See Section 17.02.030 G, Determining Floor Area Ratio Building Form and Location Standards Maximum Height (ft) 25, up to 30 pursuant to (A) 30 30, 25 within 20 ft of a Residential District 30 (D) 30 See Section 17.02.030 C, Measuring Height Section 17.23.070, Heights and Height Exceptions Minimum Setbacks (ft) Front 5, 10 adjacent to a 0, 10 adjacent to a 0, 10 adjacent to a 0 15 See also See Section 17.02.030 J, Determining Setbacks (Yards), EXHIBIT B ORDINANCE NO. 678 Page 2 of 4 Residential District Residential District See also (B) below Residential District (C) below Section 17.23.050, Encroachments into Required Setbacks, and Section 17.27.100 F, Driveway Length and Accessibility Corner Side 5, 10 adjacent to a Residential District 0, 10 adjacent to a Residential District See also (B) below 0, 10 adjacent to a Residential District 0 10 See Section 17.02.030 J, Determining Setbacks (Yards), Section 17.23.050, Encroachments into Required Setbacks, and Section 17.27.100 F, Driveway Length and Accessibility Interior Side 5 0, 10 adjacent to a Residential District 0, 10 adjacent to a Residential District 0, 10 adjacent to a Residential District 0 See Section 17.02.030 J, Determining Setbacks (Yards), and Section 17.23.050, Encroachments into Required Setbacks Rear 5 for buildings up to 15 ft in height; 10 for buildings over 15 ft in height 0, 10 adjacent to a Residential District 0, 10 adjacent to a Residential District 0, 10 adjacent to a Residential District 5 See Section 17.02.030 J, Determining Setbacks (Yards), and Section 17.23.050, Encroachments into Required Setbacks Open Space Standards Minimum Open Space (sq ft per residential unit) 50 50 50 50 50 See Section 17.23.100, Open Space A. Additional Height Allowance, NC District. The planning commission may allow up to thirty feet to encourage roofline variations and sloping roof treatments provided that the additional height is necessary for such roof treatment and that corridors protectin g significant views are provided. Furthermore, to prevent long, unvarying rooflines, the planning commission shall consider the following guidelines when allowing a project to exceed twenty-five feet in height. 1. For buildings fronting on Main Street, not more than one-third of the west elevation of the building roofline and, if different, not more than one-third of the elevation of the longest building roofline should exceed twenty-five feet in height. This standard is intended as a guideline, not a EXHIBIT B ORDINANCE NO. 678 Page 3 of 4 strict requirement, and the planning commission may vary from this guideline as deemed necessary and useful to meet the intent of this section. 2. To the extent practical, significant view opportunities shall be preserved and protected through the use of view corridors and air space easements. B. Required Building Location, CC District. The following building location requirements apply in the CC district. 1. Build-to Line. Buildings shall be located within ten feet of street-facing property lines for at least sixty percent of the linear street frontage. 2. Corner Build Area. Buildings shall be located within ten feet of the property line within thirty feet of the street corner. 3. Frontage Improvements. The area between buildings and the property line shall be improved as part of a wider sidewalk, outdoor dining/seating area, or with landscaping. 4. Exceptions. These requirements may be modified or waived through design review upon finding that: a. Entry courtyards, plazas, entries, or outdoor eating areas are located adjacent to the property line and buildings are built to the edge of the courtyard, plaza, or dining area; or b. The building incorporates an alternative entrance design that creates a welcoming entry feature facing the street. FIGURE 17.08.030(C): REQUIRED BUILDING LOCATION, CC DISTRICT C. Front Setback, TMU District. Where twenty-five percent or more of the lots on the same block face have been improved with buildings, the minimum front setback requirement shall be the average of the actual front setback of all improved lots on such block face or fifteen feet, whichever is less. EXHIBIT B ORDINANCE NO. 678 Page 4 of 4 D. Additional Height Limitations, VSC District between Beach Street and Su rf Street. In the VSC District between Beach Street and Surf Street, no portion of any building shall exceed the elevation of the bluff located to the east of Front Street. (Ord. No. 662, § 2, 12-13-23) Ordinance 678 2026 IP Amendments Final Audit Report 2026-02-27 Created:2026-02-26 By:Heather Goodwin (hgoodwin@morrobayca.gov) Status:Signed Transaction ID:CBJCHBCAABAAf5D9nRlmFR8WdvfVSopPaWZZmmEz3rbF "Ordinance 678 2026 IP Amendments" History Document created by Heather Goodwin (hgoodwin@morrobayca.gov) 2026-02-26 - 0:36:56 AM GMT Document emailed to Brian Stack (bstack@morrobayca.gov) for signature 2026-02-26 - 0:38:40 AM GMT Email viewed by Brian Stack (bstack@morrobayca.gov) 2026-02-26 - 0:43:36 AM GMT Document e-signed by Brian Stack (bstack@morrobayca.gov) Signature Date: 2026-02-26 - 0:44:05 AM GMT - Time Source: server Document emailed to cwixom@morrobayca.gov for signature 2026-02-26 - 0:44:09 AM GMT Email viewed by cwixom@morrobayca.gov 2026-02-26 - 11:53:20 PM GMT Signer cwixom@morrobayca.gov entered name at signing as Carla Wixom 2026-02-26 - 11:54:06 PM GMT Document e-signed by Carla Wixom (cwixom@morrobayca.gov) Signature Date: 2026-02-26 - 11:54:08 PM GMT - Time Source: server Document emailed to Dana Swanson (dswanson@morrobayca.gov) for signature 2026-02-26 - 11:54:09 PM GMT Email viewed by Dana Swanson (dswanson@morrobayca.gov) 2026-02-27 - 0:09:32 AM GMT Document e-signed by Dana Swanson (dswanson@morrobayca.gov) Signature Date: 2026-02-27 - 0:10:49 AM GMT - Time Source: server Agreement completed. 2026-02-27 - 0:10:49 AM GMT