Morro Bay City Council
March 25, 2025

CITY OF MORRO BAY
City Council Regular Meeting Agenda

Tuesday, March 25, 2025, 5:30 p.m.

Veterans Memorial Hall
209 Surf St., Morro Bay, CA
Public Participation
Public participation is offered in the following ways:
• Community members may attend the meeting in person at the Morro Bay Veterans Hall.

Alternatively, members of the public may watch the meeting and speak during general Public Comment or on a specific agenda item by logging into the Zoom webinar using the information provided below. Please use the "raise hand" feature to indicate your desire to provide public comment.
•
Zoom webinar link:
https://us02web.zoom.us/j/82722747698?pwd=aWZpTzcwTHlRTk9xaTlmWVNWRWFU QT09
•
• Password: 135692
Or Telephone Attendee: 1 (408) 638-0968 or 1 (669) 900-6833 or 1 (346) 248-7799; Webinar ID: 827 2274 7698; Password: 135692: Press *9 to raise hand for public comment.
•
• Meetings are also broadcast on cable Channel 20 and streamed on the City's website.

Community Members are encouraged to submit agenda correspondence via email to the City Council at [email protected] prior to the meeting. Agenda correspondence received by 10:00 a.m. on the meeting day will be posted on the City website. •
Pages

1. ESTABLISH QUORUM AND CALL TO ORDER

2. MOMENT OF SILENCE

3. PLEDGE OF ALLEGIANCE

4. REPORTS

4.a Closed Session Report

4.b Mayor and Councilmembers' Reports, Announcements and Presentations

4.c City Manager Reports, Announcements and Presentations

4.d Subcommittee Reports - Verbal Update of Current Subcommittee Activities

1. Water Reclamation Facility & Morro Bay / Cayucos Sanitary District JPA

2. Morro Bay Power Plant (Vistra)

3. Offshore Wind Energy

4. Downtown Design District

5. RECOGNITION AND PRESENTATIONS

5.a Presentation of Fire Hazard Severity Zone Map update 5

6. PUBLIC COMMENT
Members of the audience wishing to address the Council on City business matters not on the agenda may do so at this time. For those desiring to speak on items on the agenda, but unable to stay for the item, may also address the Council at this time.

Public comment is an opportunity for members of the public to provide input to the governing body. To increase the effectiveness of the Public Comment Period, the City respectfully requests the following guidelines and expectations be followed:
•
Those desiring to speak are asked to complete a speaker slip, which are located at the entrance, and submit it to the City Clerk. However, speaker slips are not required to provide public comment. •
When recognized by the Mayor, please come forward to the podium to speak. Though not required, it is helpful if you state your name, city of residence and whether you represent a business or group. Unless otherwise established by the Mayor, comments are to be limited to three minutes.
•
All remarks should be addressed to Council, as a whole, and not to any individual member thereof.
•
The Council respectfully requests that you refrain from making slanderous, profane or personal remarks against any elected official, commission and/or staff.
•
Please refrain from public displays or outbursts such as unsolicited applause, comments or cheering.
•
Any disruptive activities that substantially interfere with the ability of the City Council to carry out its meeting will not be permitted and offenders will be requested to leave the meeting.
•
Your participation in City Council meetings is welcome and your courtesy will be appreciated.
•
The Council in turn agrees to abide by its best practices of civility and civil discourse according to Resolution No. 07-19.
•

7. CONSENT AGENDA
Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. The public will also be provided an opportunity to comment on consent agenda items.

Recommended Action
Approve consent agenda items 7.a through 7.d as submitted.

7.a Approval of Minutes
(City Clerk)
Recommended Action
Approve as submitted.

1. Marach 11, 2025 - Regular Council Meeting 10

2. March 11, 2025 - Special Closed Session Meeting 16

7.b Accept Completion of Sequoia Court Storm Drain Repair Project 18 (Public Works Department)
Recommended Action
Accept the completed work by AAAA Engineering Construction, Inc., for the Sequoia Court Storm Drain Replacement Project; and

1. Authorize issuance and recording of the Notice of Completion; and

2. Transfer remaining project funds ($23,508.63, General Fund) to the Annual Storm Drain Replacement Capital Project.

3. 7.c Receive and File Fiscal Year 2025 Quarter 1 and Quarter 2 Water Reclamation Facility Quarterly Reports
23 (Public Works Department)
Recommended Action
Receive and file the Fiscal Year (FY) 2025 Quarter 1 and 2 reports for the Water Reclamation Facility Program (WRF).

7.d Approval of Proclamation
(City Clerk)

1. Proclamation declaring the month of April Fair Housing Month 32

8. PUBLIC HEARING ITEMS
None

9. BUSINESS ITEMS

9.a Introduce an Ordinance Repealing and Replacing Title 7 (Animals) of the Morro Bay Municipal Code
33

(Police Department)
Recommended Action
Receive Presentation on Scope of Services and Cost Allocation Methods provided by San Luis Obispo County Animal Services Manager, Eric Anderson, DVM; and

1. Introduce by title only with further reading waived, Ordinance No. 669 entitled, “An Ordinance of the City Council of the City of Morro Bay, California, repealing and replacing Title 7 (Animals) of the Morro Bay Municipal Code to adopt and
incorporate by reference San Luis Obispo County Code Title 9 (Animals) and to retain certain city requirements regarding animals, and finding the action not subject to CEQA.”

2. 9.b Authorize Community Development Director to request the Coastal Commission transfer permitting jurisdiction to the City for specified areas in accordance with Section 30613 of the Coastal Act 82 (Community Development Department)
Recommended Action
Authorize the Community Development Director to send the attached letter requesting the Coastal Commission transfer permitting jurisdiction to the City for specified areas in accordance with Section 30613 of the Coastal Act.

10. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS

11. ADJOURNMENT
The next Regular Meeting will be held on April 8, 2025.

This agenda is subject to amendment up to 72 hours prior to the date and time set for the meeting. Please refer to the agenda posted at City Hall, 595 Harbor Street, Morro Bay, CA 93442 for any revisions or call the Clerk's office at (805) 772-6205 for further information.

Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection upon request by calling the City Clerk's office at (805) 772-6205.

In compliance with the Americans Disability Act, if you need special assistance to participate in a City meeting, please contact the Clerk's office 24 hours prior to the meeting to insure reasonable arrangements can be made to provide accessibility to the meeting.

Fire Hazard
Severity
Zone map
update

What are Fire Hazard Severity Zones?
Areas throughout the state identified as Moderate, High, Very High.

These zones measure “Hazard” not “Risk”.

Hazard is based on physical conditions that create expected fire behavior over a 50-year period without considering short-term modifications.

Risk is potential damage a fire can do under existing conditions.

Why the updates?
• Maps are being updated to better reflect the
zones susceptible to fire.
• Utilizes new science, true local climate data,
fire history, terrain, fire modeling and ember
cast.
• This is a requirement per Government code
51178 and SB 63 (Stern, 2021)
• Last updates for Local Responsibility Areas
were between 2008 and 2011

How to view the map?
• https://osfm.fire.ca.gov/what-we-do/community-wildfire- preparedness-and-mitigation/fire-hazard-severity-zones • Under Local Responsibility Area Fire Hazard Severity Zone Maps tab
• PDF maps
• FHSZ recommendations in LRA viewer
• FHSZ Acres in LRA chart
• Morro Bay is in phase 3
• Public comments may be directed to the Fire Chief via email at [email protected]

1 MINUTES - MORRO BAY CITY COUNCIL

REGULAR MEETING
March 11, 2025, 5:30 p.m.

Veterans Memorial Hall
209 Surf St., Morro Bay, CA
Members Present: Mayor Carla Wixom
Council Member Cyndee Edwards
Council Member Jeff Eckles
Council Member Zara Landrum
Council Member Bill Luffee
Staff Present: City Manager Yvonne Kimball
Interim City Attorney Robert Schultz
City Clerk Dana Swanson
Finance Director Emily Conrad
Public Works Director Greg Kwolek
Community Development Director Airlin Singewald
Police Chief Amy Watkins
Fire Chief Dan McCrain
Harbor Vitality Director Chris Munson
_____________________________________________________________________

1. ESTABLISH QUORUM AND CALL TO ORDER
Mayor Wixom called the meeting to order at 5:33 p.m. with all members present.

2. MOMENT OF SILENCE

3. PLEDGE OF ALLEGIANCE

4. REPORTS

4.a Closed Session Report
https://youtu.be/7Gbgw4eLsR0?si=MIqos9Fk6IRdh7y_&t=46
Interim City Attorney Schultz announced the Council met in Closed Session and discussed two items. Regarding Morro Elementary, the Council directed staff to reengage with the district regarding the potential purchase of the property. Regarding Vistra property, no reportable action was taken in closed session.

4.b Mayor and Councilmembers' Reports, Announcements and Presentations

2 https://youtu.be/7Gbgw4eLsR0?si=7VteUC2eh0qWSCHK&t=78

4.c City Manager Reports, Announcements and Presentations https://youtu.be/7Gbgw4eLsR0?si=GJekvjTP1kL89EiO&t=753

4.d Subcommittee Reports - Verbal Update of Current Subcommittee Activities
https://youtu.be/7Gbgw4eLsR0?si=lps-lmnaL8mnaMlU&t=865
a. Water Reclamation Facility & Morro Bay / Cayucos Sanitary District JPA
b. Morro Bay Power Plant (Vistra)
c. Offshore Wind Energy
d. Downtown Design District

5. RECOGNITION AND PRESENTATIONS
None

6. PUBLIC COMMENT
https://youtu.be/7Gbgw4eLsR0?si=0P0hLBqiK3bR_wEA&t=935
 Kiernan Cottle, Morro Bay, suggested the City adopt an ordinance banning audio bird scarers, prevent low military flyovers, and address light pollution.
 Dina Lundquist, Morro Bay Chamber CEO, announced upcoming events.  Jeremiah O'Brien spoke on behalf of the Morro Bay Commercial Fishermen's Organization regarding Item 7.c, respectfully requesting the Council include Mark Tognazzini as their representative on the Waterfront Master Plan Advisory Committee.
 Nic De Angelis, Morro Bay, was pleased the City was taking action regarding Morro Elementary and expressed concern the significant amount of capital expenditures on infrastructure were not on this agenda.  Margaret Carman, Morro Bay, appreciated a welcoming city council and staff.

End of public comment.

7. CONSENT AGENDA
Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. The public will also be provided an opportunity to comment on consent agenda items.

Mayor Wixom opened public comment for items on the Consent Agenda.

3 https://youtu.be/7Gbgw4eLsR0?si=Ry07J284wxfWuGEa&t=1611  Nic De Angelis, Morro Bay, asked to clarify whether Morro Elementary was on Consent then declined to speak.

End of public comment.

Council Member Eckles asked to pull Item 7.c.

Motion by Council Member Landrum
Seconded by Council Member Eckles
Approve consent agenda items 7.a and 7.b as submitted.

Ayes (5): Mayor Wixom, Council Member Edwards, Council Member Eckles, Council Member Landrum, and Council Member Luffee
CARRIED (5 to 0)

7.a Approval of Minutes
Approve as submitted.
a. February 25, 2025 - Regular Council Meeting
b. February 25, 2025 - Special Closed Session Meeting

7.b Adoption of Resolution No. 10-25 Approving Revised Records Retention Schedule
Adopt Resolution No. 10-25 amending the City of Morro Bay Records Retention Schedule and authorizing subsequent updates necessary to maintain consistency with changes in State law and Secretary of State guidelines to be made without further action by the City Council, with the consent of the Department Head, City Clerk, City Attorney and City Manager.

7.c Adoption of Resolution No. 11-25 approving the formation of the Waterfront Master Plan Advisory Committee (WMPAC)
https://youtu.be/7Gbgw4eLsR0?si=bLDApMtFis7ETpuC&t=1717 Council Member Eckles announced he spoke with Harbor Advisory Board members and Commercial Fishermen's Organization and supported the alternative to include a representative from the Morro Bay Commercial Fishermen's Organization on the Committee.

Mayor Wixom invited Mr. O'Brien to the podium to clarify whether others in the organization expressed interested in the position. He responded the officers and directors were unanimous in their support to have Mr.

Tognazzini fill the role.

4 The Mayor added for those advisory board members with terms ending in 2026, participation on the WMPAC would not automatically extend beyond their term, but they could reapply to continue in their seat.

Motion by Council Member Eckles
Seconded by Council Member Luffee
Adopt Resolution No. 11-25 approving the formation of the Waterfront Master Plan Advisory Committee (WMPAC) with the addition of a representative from the Morro Bay Commercial Fishermen's Organization and that person being Mark Tognazzini as recommended by the delegate of the Morro Bay Commercial Fishermen's Organization.

Ayes (5): Mayor Wixom, Council Member Edwards, Council Member Eckles, Council Member Landrum, and Council Member Luffee CARRIED (5 to 0)

8. PUBLIC HEARING ITEMS
None

9. BUSINESS ITEMS

9.a Harbor Department Reclassification - Business Division https://youtu.be/7Gbgw4eLsR0?si=uzbgluCGGlXcbDIZ&t=2069 Harbor Vitality Director Munson presented the report and responded to Council inquiries.

Mayor Wixom opened public comment for Item 9.a.
https://youtu.be/7Gbgw4eLsR0?si=Vp0iBgr64OPwrI5M&t=3517  Cal Myers, Morro Bay, expressed concern about budget impacts given the level of deferred maintenance but, overall, was supportive of the item.
 Jeremiah O'Brien, Morro Bay, offered strong support for the proposed staffing changes.
 Nic De Angelis, Morro Bay, spoke in support of the item.

End of public comment.

Motion by Council Member Luffee
Seconded by Council Member Eckles

1. Approve reclassification of the Harbor Business Coordinator classification to Harbor Business Manager and consolidation of two part-time temporary Office Assistant positions to one full-time Office Assistant IV, and

5 2. Adopt Resolution No. 12-25 approving the new Harbor Business Manager Job Classification and Job Description, and.

3. Adopt Resolution No. 13-25 amending the Management Salary and Benefits, and

4. Adopt Resolution No. 14-25 approving updated FY 2024-25, 2025- 26, and 2026-27 Pay Schedules.

Ayes (5): Mayor Wixom, Council Member Edwards, Council Member Eckles, Council Member Landrum, and Council Member Luffee CARRIED (5 to 0)

9.b Short-Term Rental Ordinance Implementation Update
https://youtu.be/7Gbgw4eLsR0?si=I_vKiV41wr9bCeZ4&t=4816 Community Development Director Singewald presented the report and responded to Council inquiries.

Mayor Wixom opened public comment for Item 9.b.
https://youtu.be/7Gbgw4eLsR0?si=dSrQSYCAvbA0fRzT&t=7941  Maggie Juren, Beach-N-Bay Getaways & URelax Vacation Rentals, commented on permit fees and offered the renewal process will flesh out some of those paying the $500 minimum TOT annually.

She added 175 STRs equate to 2.75% of total housing in Morro Bay and the bigger issue may be 2nd homes that sit empty several months out of the year.
 Robert Elzer, Beach-N-Bay Getaways & URelax Vacation Rentals, believed many of the complaints received are from 2nd homes and not vacation rentals. He urged the City to allow homes on the wait list to obtain licenses sooner than later and to allow permits to be transferred to a family member upon the death of the owner.  Nick Juren, Beach-N-Bay Getaways & URelax Vacation Rentals, provided a handout demonstrating the financial contribution the homes they represent provide to the City.
 Michelle Leicester-Cadaret, Morro Bay, requested complaints previously submitted to fire and police be reviewed, signage be prominent and legible, wood burning fire pits be prohibited, and the noise ordinance be enforced.
 Ian Starkey, Rockstar Properties, noted STR revenues are declining and will continue to decline as the ordinance cap and buffer are enforced. He appreciated business licenses and permitting were being brought back in-house.

6  Betty Winholtz, Morro Bay, appreciated the report and looked forward to the outcome.
 Helene Finger, Morro Bay, appreciated the report and comments articulating the difference between an inactive rental vs. noncompliance for something like parking. She believed the ordinance, as written, prohibits a permit holder from just paying $500 in transient occupancy tax.
 Judy Setting, Morro Bay, hoped for definitive rules for parking, maximum vehicles per unit, definite quiet times, and no fireworks.  Nic DeAngelis, Morro Bay, offered comments and suggestions to address compliance issues and ensure compliance with the ordinance.

End of public comment.

As a receive and file item, no formal action was taken by the City Council.

10. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS
https://youtu.be/7Gbgw4eLsR0?si=qWQn_p2Bu6wpM_nc&t=10041 Council Member Landrum wished to confirm Council will receive quarterly reports on implementation of the current STR ordinance with a comprehensive update following a full cycle of the annual renewal process in February 2026.

11. ADJOURNMENT
The meeting adjourned at 8:22 p.m.
/s/ Dana Swanson, City Clerk

1 MINUTES - MORRO BAY CITY COUNCIL

CLOSED SESSION MEETING
March 11, 2025, 3:30 p.m.

City Hall Conference Room
595 Harbor Street, Morro Bay, CA 93442
Members Present: Mayor Carla Wixom
Council Member Cyndee Edwards
Council Member Jeff Eckles
Council Member Zara Landrum
Council Member Bill Luffee
Staff Present: City Manager Yvonne Kimball
Interim City Attorney Robert Schultz
Community Development Director Airlin Singewald
_____________________________________________________________________

1. ESTABLISH QUORUM AND CALL TO ORDER
Mayor Wixom called the meeting to order at 3:30 p.m. with all members present.

2. SUMMARY OF CLOSED SESSION ITEMS

3. CLOSED SESSION PUBLIC COMMENT
Betty Winholtz, Morro Bay, commented on the importance of Morro Elementary, raised questions about the potential lack of continuity from old staff to new, and stated three pro bono experts had been secured to assist the City moving forward.

End of public comment.

4. THE COUNCIL WILL CONVENE IN CLOSED SESSION

4.a CONFERENCE WITH REAL PROPERTY NEGOTIATOR -
GOVERNMENT CODE SECTION 54956.8
Properties: APNs 066-280-045 and 066-044-011, 1130 Napa Ave., Morro Elementary
Property Negotiators: San Luis Coastal Unified School District Agency Negotiators: Yvonne Kimball, City Manager; Airlin Singewald, Community Development Director; and Robert Schultz, Interim City Attorney

2 Negotiations: Price and Terms of Payment

4.b CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) and (e)(1): (one potential case)

5. RECONVENE IN OPEN SESSION
The City Council reconvened in Open Session. The Council did not take any reportable action in accordance with the Brown Act.

6. ADJOURNMENT
The meeting adjourned at 4:50 p.m.

Respectfully submitted,
/s/ Dana Swanson, City Clerk

Prepared By: ___AD_____ Dept Review: __GK__
City Manager Review: _YK___ City Attorney Review: __RWS_ Staff Report
TO: Honorable Mayor and City Council DATE: March 19, 2025 FROM: Cindy Cecil, SE/CE – City Engineer
Austin Della, Senior Civil Engineer
SUBJECT: Accept Completion of Sequoia Court Storm Drain Repair Project

RECOMMENDED ACTION

1. Accept the completed work by AAAA Engineering Construction, Inc., for the Sequoia Court Storm Drain Replacement Project; and

2. Authorize issuance and recording of the Notice of Completion; and

3. Transfer remaining project funds ($23,508.63, General Fund) to the Annual Storm Drain Replacement Capital Project.

BACKGROUND
The Sequoia Court Storm Drain Repair Project (Project) involves the replacement or lining of a failed storm drainpipe that runs across Sequoia Court and through an easement on private property. On August 27, 2024, City Council awarded a contract for the construction portion of the Project to AAAA Engineering Construction, Inc., (AAAA) for a total of $433,840. AAAA was the only responsive and responsible bidder for the project. The total base bid came in at $394,400 and their bid alternate at $146,000. The original construction contract amount was $433,840, which includes the 10% construction contingency.

Construction commenced on September 19, 2024, and was completed on November 8, 2024.

AAAA completed the project utilizing the bid alternate option, which involved slip-lining the segment of the storm drain located within the easement on private property. As a result of using the bid alternate, certain bid items included in the base bid were either reduced or eliminated. Two change orders were executed during the Project. The cost of construction fell under the original construction budget of $433,840.

On November 4, 2024, the final punch list items were completed for the Project. The final cost for construction was $426,252.01. Total Project costs came to $560,532.37 Expense Amount
Construction $426,252.01
Equipment Rental and Misc. $45,892.11
Contract Admin and CM $32,977.41
Design $41,315.00
ROW Services $14,095.84
Total Expenditures $560,532.37
The Project was partially funded by a grant through the State Department of Water Resources in the amount of $300,000. The remainder of the Project costs were City funded through $120,000 of General Fund that was allocated by the City Council for FY22-23 as well as a $164,041 midyear AGENDA NO: 7.b
MEETING DATE: March 25, 2025

2 transfer from the leftover project funds (Measure Q/E) from the Elena Street Slope Repair Project.

Revenue Source Amount
DWR Grant $300,000
FY 22-23 Budget Allocation (General Fund) $120,000
2023 Midyear Transfer from Elena Street Slope Repair
(Q&E)
$164,041
Total Revenue $584,041
The remaining Project budget is $23,508.63 as is General Fund. Staff recommends the remaining funds be transferred to the Annual Storm Drain Replacement Capital Project.

ATTACHMENT(S)

1. Project Photos

Pre-Construction

Construction

Post-Construction

Prepared By: ___GK_____ Dept Review: __GK__
City Manager Review: _YK___ City Attorney Review: __RWS_ Staff Report
TO: Honorable Mayor and City Council DATE: March 20, 2025 FROM: Greg Kwolek – Public Works Director
SUBJECT: Receive and File Fiscal Year 2025 Quarter 1 and Quarter 2 Water Reclamation Facility Quarterly Reports

RECOMMENDED ACTION
Receive and file the Fiscal Year (FY) 2025 Quarter 1 and 2 reports for the Water Reclamation Facility Program (WRF).

DISCUSSION
The purpose of the WRF Quarterly report is to provide project status updates on schedule, budget, key activities, and critical path items as they relate to the WRF program. The two attached quarterly reports are in a new format designed to be easy to read and transparent while still containing relevant information about the project. While the new format of the report is intended to focus on the Recycled Water project, it also contains historical information regarding budget and funding for the overall WRF Program. The FY25 Quarter 1 Report includes information on project activities between July 1, 2024, and September 30, 2024, and the FY25 Quarter 2 Report shows project activities occurring within the October 1, 2024, to December 31, 2024, period.

The Public Works Advisory Board reviewed both quarterly reports in greater detail at their regular meeting on Wednesday, March 19, 2025. The PWAB had positive feedback on the new quarterly report format and no specific feedback was offered by the PWAB for relay to the City Council at this time.

ATTACHMENTS

1. FY25 Quarter 1 Quarterly Report

2. FY25 Quarter 2 Quarterly Report
AGENDA NO: 7.c

MEETING DATE: March 25, 2025

MARCH 13, 2025 1
City of Morro Bay
Water Reclamation Facility Program

QUARTERLY REPORT
JULY 1, 2024 THROUGH SEPTEMBER 30, 2024

INTRODUCTION
The Recycled Water Facilities (RWF) project is a portion of the larger Water Reclamation Facility (WRF) Program. The RWF project is anticipated to be complete by Fall 2026. This quarterly report includes updates on project status, schedule, program funding, and program budget. The current program budget is $159.84 million and $145.29 million has been spent to date.

RECYCLED WATER PROJECT STATUS
The RWF project of the WRF program is currently in the design phase. The City recently completed archeological and hydrogeological testing for potential injection well locations and is beginning design of the recycled water injection wells and pipelines. The following activities were completed during this quarter:

Recycled Water Project Status Update (July 1, 2024 – September 30, 2024) • Environmental/Permitting
o Activities completed
▪ In August 2024, the 5-year programmatic agreement extension was circulated to the Environmental Protection Agency (EPA) and State Historic Preservation Office (SHPO) for signature.
▪ In August 2024, all archaeological lab testing was completed, and results of the survey were determined to be negative by the project archeologist. o Ongoing activities and upcoming timelines
▪ During this quarter, the project biologist continued preparing the Biological Resources Information Report required for the California Environmental Quality Act (CEQA) Environmental Impacts Report (EIR) Addendum #2. ▪ During this quarter, the City continued preparing the draft CEQA EIR Addendum #2.
▪ The City continued preparing the National Environmental Policy Act (NEPA) Environmental Assessment (EA).
• Recycled Water Permitting
o Activities completed
▪ The City continued to prepare the Draft Title 22 Engineering Report and Operations and Optimization Plan (OOP).
o Ongoing activities and upcoming timelines
Attachment 1

QUARTERLY REPORT | WATER RECLAMATION FACILITY PROGRAM | CITY OF MORRO BAY MARCH 13, 2025 2
▪ City staff and the Recycled Water Program Team are continuing to prepare the Report of Waste Discharge (ROWD) Application.
• Engineering Design
o Ongoing activities and upcoming timelines
▪ During this quarter, the project design engineer continued to prepare the recycled water pipeline and injection well equipping design. ▪ During this quarter, the project design engineer continued to investigate the abandoned desal feedline pipeline for potential reuse for the IPR pipeline. ▪ During this quarter, the project design engineer began to prepare a formal test plan for flow and pressure testing the existing IPR conveyance pipeline • Hydrogeologic Analysis and Design
o Activities completed
▪ In July 2024, DDW renewed the City’s Aquifer Storage and Recovery (ASR) permit in preparation for the City’s interim tracer study. ▪ In August 2024, the City installed a groundwater bypass and online nitrate analyzer at the Brackish Water Reverse Osmosis (BWRO) Facility to use chemically treated groundwater for blending, in preparation for the interim tracer study.
▪ On August 13th, 2024, the City Council selected GSI Water Solutions for hydrogeologic support services for injection well design and construction support.
▪ On September 18th, 2024 City staff and the Recycled Water Program Team toured the Orange County Water District’s Alamitos and Talbert Barrier Injection Wells.
▪ During this quarter, the project hydrogeologist completed sieve analysis and evaluated the boring data collected during the previous quarter’s archeological/hydrogeological testing.
o Ongoing activities and upcoming timelines
▪ The project hydrogeologist is continuing to evaluate which injection well locations are most favorable from a hydrogeological perspective and prepare the design of the downhole components of the injection wells. • Funding/Financing
o Activities completed
▪ During this quarter, the City prepared and submitted the Water Infrastructure Finance and Innovation Act (WIFIA) Funding and Financing Quarterly Report. o Ongoing activities and upcoming timelines
▪ During this quarter, City Staff and the Recycled Water Program Team continued coordinating with the funding and financing agencies to provide quarterly reports, environmental evaluation updates, and other required documentation.
▪ During this quarter, City staff and the Recycled Water Program Team coordinated with the Bureau of Reclamation to modify grant agreement materials and continue preparation of the Title XVI Grant Agreement.

QUARTERLY REPORT | WATER RECLAMATION FACILITY PROGRAM | CITY OF MORRO BAY MARCH 13, 2025 3

RECYCLED WATER PROJECT SCHEDULE
Figure 1. Recycled Water Summary Schedule

PROGRAM BUDGET
Table 1. Lists actual expenditures for each program component and the percent of the budget expended.

The WRC and Conveyance Facilities components of the project were closed out in 2024.

Table 1. WRF Program Expenditures
Program
Component
Previous
Total
Expenditures
July-Sept 2024
Expenditures (1)
Total Expenditures
To Date
FY 24/25
Budget (2)
Percent
Budget
Expended
RWF $2,072,295 $74,920 $2,147,215 $9,424,174 23%
General Project $24,333,721 $25,268 $24,358,989 $30,968,609 79% WRC Plant $77,895,236 $0 $77,895,236 $79,123,216 98%
Conveyance $40,891,202 $0 $40,891,202 $40,324,350 101%
Total $145,192,454 $100,189 $145,292,642 $159,840,349 91% (1) July-Sept 2024 total expenditures as tallied on the Accounts Payable Report run on March 4, 2025, including all invoices accrued through Sept 30, 2024.
(2) FY 24/25 Budget adopted by Council.

QUARTERLY REPORT | WATER RECLAMATION FACILITY PROGRAM | CITY OF MORRO BAY MARCH 13, 2025 4

PROGRAM FUNDING
Table 2. WRF Program Funding Sources
(1) Abbreviations: SRF – State Revolving Fund; EPA – Environmental Protection Agency; WIFIA – Water Infrastructure Finance & Innovation Act; USBR – United States Bureau of Reclamation; IRWM – Integrated Regional Water Management.

OTHER PROGRAM UPDATES
N/A
Historical information on the WRF Program and previous quarterly reports are available on the program website: https://morrobaywrf.com/.

Funding Agency(1) Funding Type Total Funding Spent to Date Funding Available Notes
SRF Construction
Loan Loan $66,604,638 $64,910,849 $1,693,789 Terms: 0.9%, 30years SRF Loan Forgiveness Loan Forgiveness N/A N/A N/A $5M
SRF Construction
Loan Amendment Loan $21,172,000 $0 $21,172,000 Terms: 0.9%, 30 years WIFIA Loan $61,700,336 $46,259,157 $15,441,178 Terms: 0.83%, 35 years
SRF Planning Loan Loan $10,300,000 $10,300,000 $0
Terms: 0.9%, 30
years
Recycled Water
Planning Grant Grant $75,000 $75,000 $0 Costs reimbursed upon request City of Morro Bay Water/Sewer
Fund $23,747,636 $23,747,636 $0 Subject to loan reimbursement Executed Funding Sources Total $183,599,610 $145,292,642 $38,306,967 USBR - Title XVI Grant (pending) $9,310,095 $0 $9,310,095 Developing grant agreement
IRWM Grant (pending) $1,200,000 $0 $1,200,000 Agreement in execution process
Pending Funding Sources Total $10,510,095 $0 $10,510,095 Total $194,109,705 $145,292,642 $48,817,062

MARCH 13, 2025 1
City of Morro Bay
Water Reclamation Facility Program

QUARTERLY REPORT
OCTOBER 1, 2024 THROUGH DECEMBER 31, 2024

INTRODUCTION
The Recycled Water Facilities (RWF) project is a portion of the larger Water Reclamation Facility (WRF) Program. The RWF project is anticipated to be complete by Fall 2026. This quarterly report includes updates on project status, schedule, program funding, and program budget. The current program budget is $159.84 million and $145.94 million has been spent to date.

RECYCLED WATER PROJECT STATUS
The RWF project of the WRF program is currently in the design phase. The City recently completed archeological and hydrogeological testing for potential injection well locations and is beginning design of the recycled water injection wells and pipelines. The following activities were completed during this quarter:

Recycled Water Project Status Update (October 1, 2024 – December 31, 2024) • Environmental/Permitting
o Activities completed
▪ On November 5th, 2024, the project archeologist submitted the Phase 3 Archeological Testing Report to the EPA and SHPO for their review and to potentially receive concurrence.
▪ During this period, the project biologist finalized the Biological Resources Information Report required for the California Environmental Quality Act (CEQA) Environmental Impacts Report (EIR) Addendum #2.
▪ During this period, the City finalized the draft CEQA EIR Addendum #2. o Ongoing activities and upcoming timelines
▪ The City is in the process of finalizing the National Environmental Policy Act (NEPA) Environmental Assessment (EA) and is anticipating it will be circulated for public review in 2025.
▪ The CEQA EIR Addendum #2 is anticipated to be circulated for public review in 2025.
▪ The 2024 Yearly Report for the City of Morro Bay Water Reclamation Facility Project Biological Opinion to the US Fish and Wildlife Services (USFWS) will be completed and submitted by the January 31st, 2025, deadline. • Recycled Water Permitting
o Activities completed
Attachment 2

QUARTERLY REPORT | WATER RECLAMATION FACILITY PROGRAM | CITY OF MORRO BAY MARCH 13, 2025 2
▪ On October 10th, 2024, the City did a practice run of the required Advanced Treatment System operations for the recycled water permitting and identified minor system and operational improvements.
o Ongoing activities and upcoming timelines
▪ The City is anticipating the Draft Title 22 Engineering Report will be submitted to DDW in early 2025.
▪ The Basis of Design Report (BOD), attached to the Draft Title 22 Engineering Report, will continue to be updated as more hydrogeologic data becomes available throughout the project.
▪ City staff and the Recycled Water Program Team are continuing to prepare the Report of Waste Discharge (ROWD) Application.
• Engineering Design
o Activities completed
▪ N/A, see ongoing activities below.
o Ongoing activities and upcoming timelines
▪ During this period, the project design engineer continued to prepare the recycled water pipeline and injection well equipping design. ▪ During this period, the project design engineer continued to investigate the abandoned desal feedline pipeline for potential reuse for the IPR pipeline. ▪ During this period, the project design engineer began to prepare a formal test plan for flow and pressure testing the existing IPR conveyance pipeline ▪ The Conceptual Design Report is anticipated to be completed in Q1 2025. • Hydrogeologic Analysis and Design
o Activities completed
▪ During this quarter, the project hydrogeologist completed sieve analysis and evaluated the boring data collected during the previous quarter’s archeological/hydrogeological testing.
▪ In November 2024, the City completed the horizontal-to-vertical spectral ratio (HVSR) geophysical investigations.
o Ongoing activities and upcoming timelines
▪ Electrical Resistivity Tomography (ERT) investigations will be completed in 2025.
▪ The project hydrogeologist is continuing to evaluate which injection well locations are most favorable from a hydrogeological perspective and preparing the design of the downhole components of the injection wells. ▪ On November 18th, 2024, the City began an interim tracer study, which is anticipated to last 2 months or longer.
• Funding/Financing
o Activities completed
▪ The City prepared and submitted the Water Infrastructure Finance and Innovation Act (WIFIA) Funding and Financing Quarterly Report. ▪ The City prepared and submitted the Integrated Regional Water Management (IRWM) Funding and Financing Quarterly Report.
o Ongoing activities and upcoming timelines
▪ The IRWM grant has been executed by the City and is in the process of being executed by the other parties.

QUARTERLY REPORT | WATER RECLAMATION FACILITY PROGRAM | CITY OF MORRO BAY MARCH 13, 2025 3
▪ The City Staff and the Recycled Water Program Team is coordinating with the funding financing agencies to provide quarterly reports, environmental documentation, and other required documentation.
▪ City staff and the Recycled Water Program Team is coordinating with the Bureau of Reclamation to modify grant agreement materials and continue preparation of the Title XVI Grant Agreement.

RECYCLED WATER PROJECT SCHEDULE
Figure 1. Recycled Water Summary Schedule

PROGRAM BUDGET
Table 1 lists actual expenditures for each program component and the percent of the budget expended. The WRC and Conveyance Facilities components of the project were closed out in 2024.

Table 1. WRF Program Expenditures
Program
Component
Previous
Total
Expenditures
Oct-Dec 2024
Expenditures (1)
Total Expenditures
To Date
FY 24/25 Budget
(2)
Percent
Budget
Expended
RWF $2,147,215 $618,380 $2,765,595 $9,424,174 29%
General Project $24,358,989 $26,560 $24,385,549 $30,968,609 79% WRC Plant $77,895,236 $0 $77,895,236 $79,123,216 98%
Conveyance $40,891,202 $0 $40,891,202 $40,324,350 101%
Total $145,292,642 $644,941 $145,937,583 $159,840,349 91% (1) Oct-Dec 2024 total expenditures as tallied on the Accounts Payable Report run on March 4, 2025, including all invoices accrued through Dec 31, 2024.
(2) FY 24/25 Budget adopted by Council.

QUARTERLY REPORT | WATER RECLAMATION FACILITY PROGRAM | CITY OF MORRO BAY MARCH 13, 2025 4

PROGRAM FUNDING
Table 2. WRF Program Funding Sources
Funding Agency(1) Funding Type Total Funding Spent to Date Funding Available Notes SRF Construction
Loan Loan $66,604,638 $64,910,849 $1,693,789 Terms: 0.9%, 30 years SRF Loan Forgiveness Loan Forgiveness N/A N/A N/A $5M
SRF Construction
Loan Amendment Loan $21,172,000 $0 $21,172,000 Terms: 0.9%, 30 years WIFIA Loan $61,700,336 $46,259,157 $15,441,178 Terms: 0.83%, 35 years SRF Planning Loan Loan $10,300,000 $10,300,000 $0 Terms: 0.9%, 30 years Recycled Water
Planning Grant Grant $75,000 $75,000 $0 Costs reimbursed upon request City of Morro Bay Water/Sewer
Fund $24,392,577 $24,392,577 $0 Subject to loan reimbursement Executed Funding Sources Total $184,244,551 $145,937,583 $38,306,967 USBR - Title XVI Grant (pending) $9,310,095 $0 $9,310,095 Developing grant agreement
IRWM Grant (pending) $1,200,000 $0 $1,200,000 Agreement in execution process
Pending Funding Sources Total $10,510,095 $0 $10,510,095 Total $194,754,646 $145,937,583 $48,817,062
(1) Abbreviations: SRF – State Revolving Fund; EPA – Environmental Protection Agency; WIFIA – Water Infrastructure Finance & Innovation Act; USBR – United States Bureau of Reclamation; IRWM – Integrated Regional Water Management.

OTHER PROGRAM UPDATES
N/A
Historical information on the WRF Program and previous quarterly reports are available on the program website: https://morrobaywrf.com/.

AGENDA NO: 7.d
MEETING DATE: May 25, 2025

A PROCLAMATION OF THE CITY COUNCIL

OF THE CITY OF MORRO BAY

DECLARING THE MONTH OF APRIL
“FAIR HOUSING MONTH”

CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City of Morro Bay is joining with the United States Department of Housing and Urban Development (HUD) and other housing agencies in celebrating the anniversary of the National Fair Housing Law, Title VII of the Civil Rights Act of 1968; and WHEREAS, the City of Morro Bay encourages fair housing through its support for affordable housing both through housing rehabilitation programs and its affordable housing in-lieu program; and
WHEREAS, discrimination in housing is against the law, no person shall be discriminated against because of race, color, religion, sex, handicaps, familial status, or national origin in the sale, rental, or advertising of dwelling, in the provisions of brokerages services, or in the availability of residential real estate related transactions; and WHEREAS, if any City resident believes he or she has been discriminated against, the resident should contact the Department of Fair Employment and Housing District Office at 1732 Palma Dr., #200, Ventura, CA 93003, (805) 654-4514 or online at www.dfeh.ca.gov. The Fair Housing Information Office helps to ensure that all residents of the City of Morro Bay and surrounding communities are treated fairly and that all the property owners and landlords abide by the letter and spirit of the Fair Housing Law. The Department of Fair Employment and Housing (DFEH) is responsible for enforcing state fair housing laws that make it illegal to discriminate because of a protected characteristic. The law applies to landlords, tenant screening companies, property management companies, real estate agents, home sellers, builders, mortgage lenders, and others. The law prohibits discrimination in all aspects of the housing business, including renting or leasing, sales, mortgage lending and insurance, advertising, practices such as restrictive covenants, and new construction; and
WHEREAS, the City of Morro Bay, the State of California, HUD and various local agencies are working together to ensure equal treatment of all citizens, we urge everyone to practice the Fair Housing Law.

NOW, THEREFORE, BE IT RESOLVED, that I, Mayor Carla Wixom and the City Council of the City of Morro Bay, declare the month of April as Fair Housing Month in the City of Morro Bay.

IN WITNESS WHEREOF I have hereunto
set my hand and caused the seal of the City
of Morro Bay to be affixed this 25
th day of
March, 2025

CARLA WIXOM, MAYOR
City of Morro Bay, California

Prepared By: __AW________ Dept Review: ________
City Manager Review: _YK__ City Attorney Review: __RWS__ Staff Report
TO: Honorable Mayor and City Council DATE: March 20, 2025 FROM: Amy Watkins, Police Chief
SUBJECT: Introduce An Ordinance Repealing and Replacing Title 7 (Animals) of the Morro Bay Municipal Code

RECOMMENDED ACTION

1. Receive Presentation on Scope of Services and Cost Allocation Methods provided by San Luis Obispo County Animal Services Manager, Eric Anderson, DVM; and

2. Introduce by title only with further reading waived, Ordinance No. 669 entitled, “An Ordinance of the City Council of the City of Morro Bay, California, repealing and replacing Title 7 (Animals) of the Morro Bay Municipal Code to adopt and incorporate by reference San Luis Obispo County Code Title 9 (Animals) and to retain certain city requirements regarding animals, and finding the action not subject to CEQA.”

ALTERNATIVES

1. Council could decide not to introduce Ordinance 669 incorporating Title 9 of the County Code by reference and keep the existing Municipal Code language. This action is not recommended, as City staff does not have the animal control expertise needed to ensure current regulations are updated with best practices and in compliance with regulations and laws related to animal control.

2. Council could remove certain provisions of Title 9 of the County Code from incorporation by reference into Title 7 of the City’s Municipal Code and introduce the proposed ordinance as modified. Depending on the nature of the County Code Title 9 provision removed, this alternative could create greater inconsistencies and concerns for the County in carrying out animal control services within the City. It is, therefore, recommended that, should Council wish to move forward with this alternative, staff be provided time to confer with the County before adoption of the proposed changes.

FISCAL IMPACT
The Animal Services contract is budgeted out of the Police Department General Fund Budget under Support Services/Contractual Services. The total budget allocated for FY 2024-25 is $60,000 for animal services.

There is no projected fiscal impact directly related to adopting the County of San Luis Obispo Title 9 by reference. The City costs associated with Animal Services are based on our calls for service and AGENDA NO: 9.a
MEETING DATE: March 25, 2025

shelter usage, based on a percentage of total costs in relation to the usage and calls for service of the other cities and the County.

BACKGROUND
The City of Morro Bay contracts with the County of San Luis Obispo (“County”) to provide animal control services to the City. The animal services contract is coordinated and funded as an expense item in the Police Department budget. To support today’s discussion, the County Animal Control Services Manager will provide service overview presentation. The County has recently updated their animal control ordinance, Title 9 of the County Code (Attachment 3), and has asked each contract city to adopt their Code by reference into the Municipal Code to streamline and simplify the enforcement of animal control throughout the County.

By adopting Title 9 of the County Code (by reference), many current Morro Bay municipal codes in Title 7 (Animals) will be duplicated and will be removed. The City will retain all current animal control Municipal Codes that are not represented in Title 9, resulting in no significant changes to the current animal control rules and regulations of the City, but this approach will provide future efficiencies should the County make further updates to Title 9. The current municipal code sections that will be retained are renumbered in the proposed Ordinance 669 (Attachment 1).

DISCUSSION
Title 9 of the San Luis Obispo County Code establishes rules and regulations related to the care, management, and keeping of animals within the County. Additionally, it establishes the County Division of Animal Services’ role, responsibility, and authority in the enforcement of those codes. The last substantial revisions to the County’s Animal Control Code occurred in 1998.

Since that time, standards and expectations with regard to animal care and control have evolved, leaving some of the code’s provisions outdated and inconsistent with the currently recognized best practices. Beyond addressing omissions and additions, the County Code revisions clarified existing language, resolved conflicting provisions, eliminated redundancies, and provides continuity between Title 9 and other sections of the County Code.

The City of Morro Bay Municipal Code contains the rules and regulations related to animal regulations in the City. Animal Control Officers from the County are tasked with enforcing the regulations of each contract city, creating a confusing mix of numerous municipal codes, combined with the County Code, that required research and analysis, depending on which jurisdiction they were currently responding to for a call for service. Having each contract city adopt Title 9 of the County Code will provide a standardized set of regulations that can be more easily enforced, create continuity throughout the county, while still allowing each city to keep additional regulations that are not contained in Title 9.

The City of Grover Beach and the City of San Luis Obispo were the first to adopt Title 9 of the County Code by reference. Other cities in the County have begun working on this but are in the early stages of analysis and the timeframe for their adoption is unknown.

Attachment 2 provides an analysis of each current MBMC Title 7 section, and the relevant County Code Title 9 section that will replace it.

Should the City adopt the County Code by reference, the following MBMC chapters and sections will be rescinded in their entirety as they are codified in a like manner in the County Code:

 7.04.010 (Public Pound),
 7.04.015 (Adoption)
 7.04.020 (Animal Control Officer Duties),
 7.04.030 (Citation Authority),
 7.04.040 (Badges/Uniforms)
 7.04.050 (Records of Division),
 7.04.065 (Fees),
 7.04.070 (Unnecessary Noise – Unsanitary Conditions),  7.04.080 (Noise/nuisance Abatement),
 7.04.085 (Nuisance Abatement Hearing)
 7.04.090 (Owner’s Responsibility to Dispose of Dead Animals),  7.04.100 (Division Disposal of Dead Animals),
 7.04.110 (Definitions),
 7.04.120 (Animal Use Operation, Pet Shop – Division Regulations),  7.04.125 (Pet Shops – Business License Required),
 7.04.140 (Interference with Animal Control Officer),
 7.04.145 (Violation of Order),
 7.04.150 (Impoundment of sick/disabled animals – Post and pre-seizure hearings)  7.04.160 (Violation and Penalties),
 7.04.170 (Menacing and Aggressive Animals),
 7.08.010 (Definitions – Stray),
 7.08.020 (Leash Law),
 7.08.025 (Animal Wastes – Duty to Remove),
 7.08.030 (Enforcement of Regulations),
 7.08.040 (Seizing and Impounding of Stray Dogs),
 7.08.050 (Dogs Running at Large),
 7.08.060 (Private Individuals Finding Lost Pets),
 7.08.070 (Notice of Impoundment),
 7.08.080 (Redemption of Impounded Animals),
 7.08.090 (Redemption Fees),
 7.08.095 (Holding periods),
 7.08.100 (Sale, Gift, or Destruction of Unclaimed Dogs),  7.08.105 (Veterinarian determination of sick animals)  7.08.125 (Reporting of Animal Bites),
 7.08.130 (Biting Dogs),
 7.08.140 (Impoundment of Dogs that Bite),
 7.08.145 (Violation of quarantine),
 7.08.150 (Suspicion of Rabies),
 7.08.160 (Registration and License),
 7.08.170 (Vaccination Required),
 7.08.180 (Exemptions from Rabies Vaccination Requirements),  7.08.190 (Rabies Vaccination Certificate),
 7.08.195 (Rabies Deposit Fee Required),
 7.08. -7.08.290 (Record of Registration, Tags, Term, Fees, Lost Tags, Exemptions, Limitations of Dogs and Cats),
 7.08.310 (Dogs in Public Parks)

 7.12.014-7.12.050 (Cats at Large, Redemption of Impounded Cats, Feral Cats, Sale/Gift/Destruction of Cats, Impoundment of Biting Cats, Limitation on Cats),  7.16.010 (Animals and Poultry at Large).

The adoption of Title 9 of the County Code by reference will result in the following minor changes from the City’s current municipal code:
 Removal of 7.08.020 – Leash Law. County code addresses loophole in municipal code regarding public property.
 Removal of 7.08.095 – County code establishes different holding time requirements for household pets and livestock. City code makes no distinction.  Removal of 7.12.010 – Formalize that the County no longer impounds healthy stray cats, and that practice would extend to the City. The impounding of healthy stray cats has not been occurring since 2019, including in the City of Morro Bay. According to Animal Control, this practice has been found to be ineffective at controlling stray cat population and leads to significantly high amount of euthanasia. This is a best practice in the industry and does not result in a measurable increase of stray cats.

In order to keep the current animal regulations that are unique to the City of Morro Bay in place, the following MBMC sections will be retained as they are not prohibited actions identified in the County Code. If deemed necessary, they can be preserved as addendum codes following the adoption of Title 9 by reference:
 7.04.130 – Permit refusal, suspension. The City code directs an appeal of revocation or denial to the City Council.
 7.16.020 (new 7.08.010) – Wild bird sanctuary. The city is designated and signs bearing the legend "Morro Bay is a bird sanctuary" shall be placed at appropriate locations.  7.16.025 (new 7.08.015) – Molesting wild birds – Nuisance remedies.  7.16.030 (new 7.08.020) – Poultry, rabbits, and other fowl.  7.16.040 (new 7.08.025) – Livestock.
 7.16.045 (new 7.08.030) – Keeping of pygmy livestock.

Attachment 2 provides a list of regulations in Title 9 of the County Code that are not currently contained in Title 7 of the City Municipal Code. These will constitute new animal control restrictions in the City. Most are administrative in nature, but some of the noteworthy additions include:
 9.02.002 – Prohibits the unauthorized feeding of animals by individuals on property other than their own.
 9.02.008 – Places restrictions on the keeping of animals designated as potentially dangerous or vicious.
 9.02.009 – Prohibits the keeping of dangerous and wild animals including large and venomous snakes, wolf hybrid dogs and others.
 9.02.010 – Requires motorists striking domestic animals to stop and render aid or make official notification.
 9.03.001 – Requires microchipping of adult dogs and cats.  9.03.003 – Allows owners to obtain a variance permit for keeping additional animals over standard limitation.
 9.03.004 – Prohibits cat owners from allowing unaltered cats to roam at large. Allows finders of unaltered cats roaming at large to have the cat altered at their expense.

 9.04.005 – Authorizes Animal Services to vaccinate and provide medical care for impounded animals.
 9.04.007 - Defines holding periods for livestock.
 9.05.006 – Requires individual report of animal sales.  9.06.002 – Requires commercial animal operation permit.  9.06.005 – Emergency notification related to inspections of breeders.  9.07.007 – Allows for assistance animal tags to be issued by Animal Services to also serve as a license tag.
 9.08.002 – Establishes a requirement for owners of cats allowed to roam outdoors to have those cats vaccinated against rabies.

Note: Animals will not be taken by Animal Services for these violations. There are low-cost options for micro-chipping and vaccinations available at Animal Services, and it is the current law that any animal that is taken into custody is required by state law to be micro-chipped before it can be returned to the owner, but an inability to pay does not result in the animal being retained. The code requires that it be performed at no cost to the owner in these cases.

If approved, the ordinance will come back for adoption at the April 8th Regular Meeting and take effect in 30 days thereafter. When the County code changes in the future, those amendments will become effective on the same date due to the reference in the Municipal Code. The adoption or rejection of the County Code by other cities does not affect the City of Morro Bay or our contract with Animal Services. In anticipation of general questions regarding the animal control services, County’s Animal Service Manager will be in attendance and provide a presentation. The presentation slide deck is in Attachment 5,
To conclude, there are no significant substantive changes to the current rules and regulations related to animals. The proposed ordinance is a clean-up effort to streamline city’s animal regulations to reflect state law changes and align with regional animal services regulations. Once adopted, the ordinance will ensure efficiency in implementing the regional animal service agreement. This update has been a county-wide collaborative effort. Other municipalities are conducting similar changes for the same purposes.

ATTACHMENTS

1. Proposed Ordinance No. 669 amending Title 7 (Animals)

2. Comparison document of SLO County Code Title 9 and MBMC Title 7

3. San Luis Obispo County Code Title 9

4. Link to existing MBMC Title 7 – Animals

5. SLO County Presentation on Scope of Services and Cost Allocation Methods

Created: 2024-08-20 12:12:04 [EST]
(Supp. No. 22)

ORDINANCE NO. 669

AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF MORRO BAY, CALIFORNIA,
REPEALING AND REPLACING TITLE 7 (ANIMALS) OF THE MORRO BAY MUNICIPAL

CODE TO ADOPT AND INCORPORATE BY REFERENCE SAN LUIS OBISPO COUNTY CODE TITLE 9 (ANIMALS) AND TO RETAIN CERTAIN CITY REQUIREMENTS

REGARDING ANIMALS AND FINDING THE ACTION NOT SUBJECT TO CEQA

THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City of Morro Bay, California (“City”) is a municipal corporation, duly organized under the California Constitution and laws of the State of California; and WHEREAS, Title 7 of the Morro Bay Municipal Code currently sets forth the animal control regulations applicable within the City; and
WHEREAS, the Division of Animal Services (“Division”) for the County of San Luis Obispo (“County”) was established to provide animal care and control functions relating to the care, keeping, and management of animals within the County; and WHEREAS, the City contracts with the Division for the provision of animal control services within the City and the Division works in conjunction with the City’s Police Department and other City personnel to administer such services within the City’s boundaries; and WHEREAS, in 2024, the County updated Title 9 of its Municipal Code to enhance animal control regulations, including amendments to licensing requirements, public safety standards, and enforcement measures; and
WHEREAS, the City has reviewed these updates and now seeks to amend Title 7 of the Morro Bay Municipal Code to substantially incorporate Title 9 of the San Luis Obispo County Code to ensure alignment with regional animal control standards and maintain the Division’s jurisdiction for services within the City while tailoring certain provisions to address the specific needs of the City, as set forth in the proposed Ordinance attached hereto as Exhibit “A”; and WHEREAS, any and all other legal prerequisites relating to adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA FINDS AND ORDAINS AS FOLLOWS:

SECTION 1. Recitals. The City Council hereby finds that the foregoing recitals set forth above are all true and correct and are incorporated herein by this reference.

SECTION 2. Municipal Code Amendments. The City Council desires to adopt the proposed Ordinance, repealing and replacing Title 7 (Animal) of the Morro Bay Municipal Code to read as follows.

Created: 2024-08-20 12:12:04 [EST]
(Supp. No. 22)

Chapter 7.04 GENERAL PROVISIONS

7.04.010 Adoption and incorporation of San Luis Obispo County Animal Control Code (Title 9).

The provisions of San Luis Obispo County Animal Control Code, Title 9, as amended from time to time, are adopted by reference and incorporated in their entirety as equivalent provisions of the Morro Bay Municipal Code. To the extent any provision or provisions of the San Luis Obispo County Animal Control Code, Title 9, as adopted, conflict with any other provision or provisions of the Morro Bay City Municipal Code, the other provision or provisions of the Morro Bay Municipal Code shall take precedence.

7.04.020 Enforcement of Animal Control provisions within City The provisions of this Title are enforceable within the jurisdictional boundaries of the City of Morro Bay by the San Luis Obispo County Division of Animal Services and County of San Luis Obispo Animal Control Officer, or designee, pursuant to and in accordance with the terms of a contract for animal care and control services entered into between the City and the County, and by City Code Enforcement and the City Police Department.

7.04.130 Pet Shop Permit refusal, suspension.

Not withstanding SLOCC Section 9.06.006, whenever the issuance of a permit is refused, suspended, or a permit is revoked , the applicant or permittee may appeal the action to the city council within ten days. The clerk shall set the matter for hearing at the earliest possible date and shall give reasonable notice of the time and place of the hearing to the applicant or permittee and to the San Luis Obispo County Division of Animal Services (“division”). The city council, or its designee, shall hear the evidence offered by the applicant or permittee and the division, and shall forthwith decide the issue. The decision of the city council or its designee, shall be final.

Ordinance No. 669

Chapter 7.08 OTHER ANIMALS, POULTRY AND BIRDS

7.08.010 Wild bird sanctuary.

The city is designated a bird sanctuary, and signs bearing the legend "Morro Bay is a bird sanctuary" shall be placed at appropriate locations at or near the city limits at principal entrances to the city.
(Ord. 480 (part), 2000)

7.08.015 Molesting wild birds—Nuisance remedies.

No person shall trap, shoot, hunt, molest, injure or kill any wild birds, or tamper, damage or destroy the nests or eggs of any wild birds within the city. Should the city council determine by resolution that birds protected under this chapter have become so numerous or destructive in any particular location or area as to constitute a menace and danger to the public health, safety or property, the council may provide for such remedies appropriate under the circumstances. (Ord. 480 (part), 2000)

7.08.020 Poultry, rabbits and other fowl.

A. No person shall keep upon any premises in the city more than twelve of any poultry, rabbits, or other fowl:

1. Within fifty feet of any dwelling; and

2. The owner or person in charge of such rabbits, poultry or other fowl kept in the city shall provide suitable houses or cotes with board or cement floors in each and every house and cote and such houses, cotes or pens shall at all times be kept clean.

B. No rooster over four months old shall be kept on any premises in the city, unless the premises involved is operating on a commercial basis or is on an agricultural zoned parcel in conformance with existing zoning regulations and state statutes governing such commercial operation.
(Ord. 480 (part), 2000; Ord. 234 (part), 1982)

7.08.025 Livestock.

A. Except as otherwise permitted in this chapter, no person shall own, keep, maintain, stake or pasture any bovine, swine, sheep, goat, horse or other livestock upon any premises in the city unless the lot or parcel size is a minimum twenty thousand square feet or, the parcel is in a properly zoned agricultural district in which case the number of animals shall not exceed the maximum density allowed for such animals pursuant to Section 17.30.060 of this code.

B. All such fences, enclosures, corrals or pens used to restrain such animals in this section must be of adequate materials and properly maintained to humanely enclose and protect the animals and prevent the trespass of such animals upon any private property or upon any street or other public place.
(Ord. 480 (part), 2000; Ord. No. 654, § 6, 11-22-22)

Ordinance No. 669

7.08.030 Keeping of pygmy livestock.

Pygmy livestock may be kept or maintained upon any premises subject to the following conditions:

A. Male pygmy livestock must be neutered before they reach sexual maturity.

B. Pygmy livestock shall be subject to the leash law.

C. No person or persons may own, harbor, or maintain or cause to be maintained more than two pygmy animals at any dwelling within the city, unless such dwelling is on a parcel that meets the size and zoning criteria as contained in Section 7.16.040 in which case the number of animals shall be limited to the maximum listed density allowed as codified.
(Ord. 480 (part), 2000; Ord. 459 § 42, 1997; Ord. 434 § 2, 1993: Ord. 234 (part), 1982) SECTION 3. Compliance with the California Environmental Quality Act (CEQA). This interim ordinance is not subject to CEQA (Public Resources Code Section 21000 et seq.) pursuant to CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) Section 15060(c)(2) [activity will not result in a direct or reasonably foreseeable indirect physical change in the environment]. Additionally or alternatively, this interim ordinance is exempt from CEQA under CEQA Guidelines Sections 15061(b)(3) [it can be seen with certainty that there is no possibility the activity in question may have a significant effect on the environment], 15307 [Class 7, categorical exemption for regulatory activity to assure the protection of natural resources], and 15308 [Class 8, categorical exemption for regulatory activity to assure the protection of natural resources]. Further, this interim ordinance is exempt from CEQA pursuant to Public Resources Code Section 21080(b)(4) and CEQA Guidelines Section 15269(c) because it prevents a clear and imminent danger that requires immediate action to prevent or mitigate the loss of, or damage to, life, health, property, and essential public services.

SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional.

SECTION 5. Effective Date. This ordinance shall be in full force and effect thirty (30) days after its passage.
///
///
///

Ordinance No. 669

SECTION 6. Certification. The City Clerk shall certify as to the passage and adoption of this ordinance, and the City Clerk shall cause the same to be posted and codified in the manner required by law.

INTRODUCED at a regular meeting of the City Council held on the 25th day of March 2025, by motion of Council Member _____________ and seconded by Council Member _____________.

PASSED AND ADOPTED on the ____ day of _______, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSE:
____________________________
CARLA WIXOM, Mayor
ATTEST:
________________________________
DANA SWANSON, City Clerk
APPROVED AS TO FORM:
_________________________________
ROBERT W. SCHULTZ, Interim City Attorney

Ordinance No. 669

STATE OF CALIFORNIA )

COUNTY OF SAN LUIS OBISPO )

CITY OF MORRO BAY )
I, Dana Swanson, CITY CLERK FOR THE CITY OF MORRO BAY, HEREBY CERTIFY the foregoing Ordinance Number 669 was duly adopted by the City Council of the City Council of the City Morro Bay at a regular meeting of said Council on the _____ day of _________ 2025 and that it was so adopted on by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSE:

IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Morro Bay, California, this ______ day of _______________, 2025.

DANA SWANSON, City Clerk

CITY CODE TITLE COUNTY EQUIV. TITLE VARIANCES COMMENTS

7.04.010 Establishment of a public pound 9.01.004 Establishment of a public pound

7.04.015 Policy of adoption

7.04.020 Animal control officer - Duties 9.01.005 Chief animal control officer City code directs CACO to operate under supervision of the Sheriff.

Animal Services and the CACO currently are established within the County Health Agency and operate under the supervision of the Health Agency Director.

7.04.030 Animal control officer - Citation authority -
Authorized to carry weapons

9.01.006 Animal control officers - citation authority County code does not specify authority to carry weapons Authority for ACOs to carry firearms is established by state law.

7.04.040 Badges/Uniforms - Impersonating animal
control officer

9.01.009 Impersonation of animal control officer -
Prohibited
County code does not speifically authorize/require ACOs display of badge.

7.04.050 Records of division 9.01.010 Record of division City codde directs CACO to provide quarterly report to chief of police
Reporting requirements for Animal Services are established in the service agreement and are currently set to be issued semiannually. Those reports are made to the Chief of Police.

7.04.065 Fees 9.01.011 Fees

7.04.070 Unnecessary noise - Unsanitary conditions 9.02.004 Unsanitary conditions prohibited City code only addresses keeping of animals in unsanitary conditions. County code prohibits accumulation of animal wastes that create public nuisance or water quality
issues.

In the absence of the additional provision in the city code, Animal Services is unable to address individuals who may remove waste from an animal enclosure but allow it to
accumulate elsewhere on the property, creating a potential neighborhood nuisance or health issue.

9.02.005 Unnecessary noise County code provides prmae facie standard for noise violation
Primae facie standard allows for issunance of citations when problematic noise is substantiated by residents but not occurring in the immediate presence of the officer.

7.04.080 Noise/nuisance abatement 9.02.006 Investigation and abatement of noise or nuisance

7.04.085 Nuisance abatement hearing - Procedures
and findings
Substantiated nuisance allegations are submitted for filing with the DA. This results in a court hearing on the case, negating the need for an administrative hearing.

7.04.090 Owner's responsibility to dispose of dead
animals

9.02.011 Owner's responsibility to dispose of dead
dogs, cats, and household pets
City code only prohibits dumping of animal carcasses;
County code prohibits dumping of carcases and requires
sanitary disposal of animal remains on private property The absence of a requirement to dispose of animal remains on private property can result in deceased animals being left to decompose naturally, creating visually or sensory offensive cirucumstances.

7.04.100 Division disposal of dead animals 9.02.012 Disposition of dead dogs, cats, and household pets upon request

7.04.110 Definitions 9.01.003 Definitions Some variation in definitions. County code is more expansive.

Absence of some definitions may leave question about
interpretation or applicability.

7.04.120 Animal use operation, pet shop - Division
regulations

9.03.003 Animal keeping limitations - Variance to

9.05 Animal Breeding

9.06 Commercial Animal Operations

9.06.001 Commercial animal operation - Permit
required

7.04.125 Animal use operation, pet shops - Business
license required

9.06.004 Buisiness license required
COMPARISON OF COUNTY TITLE 9 AND MORRO BAY TITLE 7 PROVISIONS

GENERAL PROVISIONS
No equivelent
No equivelent
County code deliniates permitting requirements
seperately for the various types of operations.

While County code deliniates requirements seperately, there is no substantial difference between city and county codes in terms of the requirements established.

7.04.130 Permit refusal, suspension 9.06.006 Commercial animal opertion permit - Issuance, suspension and revocation
City code directs appeal of revocation or denial to city council. County code places those actions before Board of Supervisors.

This variance is inconseqential from Animal Services
perspective since the process would be largely the same from an operational level. Primary concern is wether the city would rather place responsibility for hearing and deciding appeals on the BoS or retain it locally. Animal Services has no preference in this regard. If city wants to retain hearing authority, that requirement can be establshed as an addendum to the code after the section adopting T9 by reference.

7.04.140 Interference with animal control officer 9.01.007 Interference with performance of duties

7.04.145 Violation of written order 9.01.008 Violation of order

7.04.150 Impoundment of sick/disabled aniamls -
Post and preseizure
Various codes within California state law already address these issues in detail. State code includes the provisions set out in the muni-code but have an expanded scope and language,
providing more clarity and direction.

7.04.160 Violation and penalties 9.01.012 Violation

7.04.170 Menacing and aggressive animals - Animal
owner and property owner responsibility

9.02.007 Menacing and aggressive animals

7.08.010 Stray dogs defined 9.01.003(jj) Definitions - "Stray"

7.08.020 Leash law 9.03.005 Leash law County code addresses loophole in muni code which allows dogs to roam at large provided they don't stray onto public property such as a roadway or park.

In the past this loophole has resulted in dismissal of some citations for leash law violations when dogs left their property to roam through other yards but never crossed the street.

7.08.025 Dog defecation removal 9.02.003 Animal wastes - Duty to remove County code extends the duty to remove waste to animals other than dogs (cats, livestock, etc.)
In the absence of this additional provision there is no requirement for removal of other animal waste (eg. cats defecating in neighbor's garden; equestrians leaving manure; etc.)

7.08.030 Enforcement of regulations 9.01.005(b)(1) Chief animal control officer

7.08.040 Seizing and impounding stray dogs 9.03.006 Duty of division to seize and impound dogs roaming at large

7.08.050 Dogs running at large 7.03.007 Dogs upon private property

7.08.060 Private individuals finding lost pets 9.04.001 Private individuals finding lost animals County code allows division to compell finders of lost animals to surrender them to Animal Serivces if deemed
necessary.

Failure of finders to relinquish stray animals can prevent them from being reunified with their owner.

7.08.070 Notice of impoundment 9.04.002 Notice of impoundment and holding period

7.08.080 Redemption of impounded dogs 9.04.004 Redemption of impounded animals County code does not have a provision for administrative hearing to challenge validity of impound
Challenges to impound fees are routinely heard and addressed through the customer service process. Administering such hearings is outside of the scope and capacity of Animal Services under current operational framework and would
require additional funding and ptoetnially staffing.

7.08.090 Redemption fees 9.04.008 Impound fees City code does not include provision to charge owner of impounded animal fees for the cost of boarding and
veterinary care.

Boarding and veterinary fees represent a significant portion of total costs associated with impounds and of revenue offset for city service contract fees.

7.08.095 Holding periods 9.04.006 Holding period - Household pets Due to differences in management and interaction of owners with livestock, a prolonged holding period is appropriate.

9.04.007 Holding period - Livestock
No equivelent
DOGS
County code establishes different holding time
requirements for household pets and livestock. City code makes no distinction.

7.08.100 Sale, gift, or destriction of unclaimed dogs 9.04.009 Adoption of unredeemed animals County code does not include provsision requireing release of animals to rescue organizations. However this requirement already exists under state code.

Absence of this provision will have no operational impact as Animal Sevices is govered by state code which establishes the same requirement.

9.04.010 Euthanasia of animals

7.08.105 Veterinarian determination for injured
animals
The provisions of this city code are also establsihed in state law.

7.08.110 Injured and/or diseased aniamls The provisions of this city code are also establsihed in state law.

7.08.125 Reporting of animal bites 9.08.005 Reporting of bites

7.08.130 Biting dogs 9.08.006 Biting animals - Penalty

7.08.140 Impoundment of dogs that bite 9.08.007 Isolation of biting and rabies exposed animals

7.08.145 Violation of quarantine The provisions of this city code are also establsihed in state law.

7.08.150 Suspicion of rabies 9.08.008 Suspicion of rabies

7.08.160 Registration and license 9.07.001 Dog license -Required

7.08.170 Vaccination required 9.07.003 Vaccination required

7.08.180 License denied without vaccination 9.08.003 Exemptions from rabies vaccination requirements

7.08.190 Rabies vaccination certificate 9.08.004 Rabies vaccination - Administration, certificates, and reporting

7.08.195 Rabies deposit fee required 9.07.005 Rabies deposit fee required

7.08.200 Record of registration While no equivelent county code exists, this information is automatically captured in the licensing process.

7.08.210 License - Tags 9.07.006 Dog license tags

7.08.220 Annual licensing of dogs 9.07.004 Dog license term

7.08.230 License fees 9.07.008 License fees

7.08.240 Lost or damaged tag Issuance of a replacement tag is not mandated by county code but is nevertheless conducted as a matter of routine business with appropriate fees set annually by the BoS.

7.08.250 License - Exeptions 9.07.002 Dog license - Exemptions

7.08.260 Fee exemptions 9.07.009 License fee - Waived

7.08.270 Failure to pay fee or provied information Provision is redundant - requirement for licensure is already established; by default, failure to license is a violation of that section.

7.08.280 Counterfeiting 9.07.010 Counterfeiting prohibited

7.08.290 Limitations of dogs 9.03.003 Animal keeping limitations - Dogs and cats

7.08.310 Dogs in public parks This code prohibits dogs from being in public parks unless they are held on leash by an owner. This provision is duplicative of the leash law which applies in all public areas, including parks, making the provision unnecessary.

No equivelent
No equivelent
No equivelent
No equivelent
No equivelent
No equivelent
No equivelent
CATS

7.12.010 Duty of division to accept abandoned cats

7.12.014 Cats at large

7.12.020 Reemption of impounded cats 9.04.004 Redemption of impounded animals

7.12.025 Feral cat exception Unnecessary following move away from impounding healthy stray cats.

7.12.030 Sale, gift, or destruction of cats 9.04.009 Adoption of unredeemed animals

9.04.010 Euthanasia of animals

7.12.040 Impoundment of biting cats 9.08.007 Isolation of biting and rabies exposed animals

7.12.050 Limitation of cats 9.03.003 Animal keeping limitations - Dogs and cats

7.16.010 Animals and poultry at large 9.02.001 Animals at large

7.16.020 Wild bird sanctuary

7.16.025 Molesting wild birds - nuisance remedies

7.16.030 Poultry, rabbits, and other fowl

7.16.040 Livestock

7.16.045 Keeping of pygmy livestock

9.02.002 Unauthorized feeding or attraction of
animals prohibited
Unregulated feeding of cats in public areas promotes
development of feral colonies, public nuisances, and
overpopulation

9.02.008 Animals designated as potentially
dangerous or vicious
This code places restrictions on the keepin go fanimals which have been previously designated as dangerous or vicious in another jurisdicition. By doing so, it ensures that animals which have had restrictions on their keeping imposed by a different jurisdition are still subject to those controls when brought into the local community. In the absence of this ordinance, animals edjudicated to be a public safety threat may be kept in the city of Pismo Beach without restriction.

9.02.009 Possession of unsafe and wild animals
prohibited
County code prohibits the private keeping of dangerous and wild animals such as wolf hybrids, large and venomous snakes which pose potential public safety risks.

9.02.010 Injury to animals by motorists- Duty to stop
and assist
This code requires that in the event that a domestic animal is injured by motorist, proper notifications are made to help ensure it receives timely treatment. In the absence of this code, injured animals are at increased risk of prolonged suffering and/or death.

No equivelent This code requires Animal Services to impound healthy stray cats. That practice has been found to be ineffective at controlling stray cat populations and leads to significantly high numbers of euthanasia. It is discouraged by industry leaders including HSUS, ASPCA, American Assn of Shelter
Veterinarians, and others. Efforts to promote SNR programs have largely supplanted this practice.

No equivelent
No equivelent

OTHER ANIMALS, POULTRY AND BIRDS
No equivelent
These codes establish various provisions unique to Morro Bay and the specific needs or circumstances of the city. If deemed necessary, they can be preserved as addendum codes
following the adoption of T9 by reference.

COUNTY CODES WITHOUT CITY EQUIVELENT

9.03.001 Microchipping required County code requiresmicrochipping of all dogs and cats over 16 weeks of age. A Similar state provision requires any animal coming into the custody of Animal Services be microchipped before being returned to its owner. Microchipping substantially increases the likelihood of an animal being returned to its owner and helps decrease shelter impounds. Absence of this provision may lead to increased impounds from Pismo Beach with associated impact on contract service fees.

9.03.003 Animal keeping limitations - Variance to County code allows for animal owners to obtain a variance permit for the keeping of additinal animals over the standard limitation. This permit is issued annually and requires inspection and evaluation to ensure animals are not creating nuisance concerns. Permits may be issued for circumstances such as a person keeping 5 cats that are housed appropriately and exclusively indoors or 4 dogs which are confined to the owners house and yard and which are not prone to barking.

9.03.004 Cats at large County code prohibits cat owners from allowing those animals to roam at large uless they have been altered. It also allows individuals findn an unaltered cat to have that cat spayed or neutered at their own const. This code helps to address the proliferation of community cats and feral cat colonies.

9.04.005 Vaccination and medical treatment of
impounded animals authorized
This code authorizes Animal Services to vaccinate and provide medical care for impounded animals. This is essential to prevent infectious disease in the shelter and to address basic animal welfare needs. Code also allows for recovery of
associated costs through billing of an identified animal owner.

9.04.007 Holding period - livestock This code is needded in order to define holding periods for livestock which are found roaming at large.

9.05.006 Report of animal sales

9.06.002 Commercial animaloperartion permitOperational standards

9.06.005 Emergency notification

9.07.007 Assistance animal tags Allows for assistance animal tag issued by Animal Services to also serve as a license tag. Absence of this provision would require the issuance and wearing of multiple tags.

9.08.002 Rabies vaccination required - Cats This code requires outdoor cats to be vaccinated against rabies. With regards to domestic aniamals, cats are the most at risk of exposure due to their natural predatory behavior and the virus' prevelence in bats. The absence of this ordinance creates a potential public health risk to individuals bitten by an outdoor cat.

No equivelent
This code section requires individuals engaged in animal breeding and sales accessory to residential use to obtain a permit for such operations. Further establishes standards and inspection allowance to ensure that those activities do not

San Luis Obispo County, California, County Code
Title 9 ANIMALS
San Luis Obispo County, California, County Code Created: 2024-06-24 08:11:35 [EST] (Supp. No. 16, Update 2)

Title 9
ANIMALS1
Chapter 9.01 GENERAL PROVISIONS

9.01.001 Division of animal services established.

There is hereby established a division of animal services which shall function as a division of the county health agency.
(Ord. No. 3498, 11-7-23)

9.01.002 Rules and regulations.

The chief animal control officer is hereby authorized to promulgate and enforce such rules or regulations consistent with the purposes, intent, and express terms of this title as he deems necessary to implement such purposes, intent and express terms.
(Ord. No. 3498, 11-7-23)

9.01.003 Definitions.

This section provides definitions of terms and phrases used in this title that are technical or specialized, or that may not reflect common usage. If any of the definitions in this section conflict with definitions in other provisions of this code, these definitions shall control for the purposes of this title. If a word is not defined in this section, or in other provisions of this code, the chief animal control officer shall determine the correct definition.

The chief animal control officer shall have the authority to render interpretation and discretion regarding the applicability of any definition set forth in this section. (a) "Aggressive" means the demonstration of behavior indicating that an animal is likely or prone to unprovoked attack against a person or another animal.
(b) "Altered" means having been spayed or neutered.
(c) "Animal" means any member of the taxonomic kingdom Animalia other than a human being. (d) "Animal facility" means any lot, building, structure, enclosure, or premises wherein or whereon companion animals are kept or maintained for purposes related to the operation of any business or

1Ord. No. 3498, adopted November 7, 2023, repealed title 9, chs. 9.04—9.16, §§ 9.04.010—9.04.160, 9.08.010—

9.08.280, 9.12.010—9.12.040 and 9.16.010—9.16.030 and enacted a new title 9 as set out herein. Former title 9 pertained to similar subject matter and derived from Ord. 2474 § 1 (part), adopted 1990; Ord. 2764 § 1 (part), adopted 1996; Ord. 2809 § 1, adopted 1997; Ord. 2815 §§ 1, 2, 4—7, adopted 1997; Ord. 2838 § 1—5, 7—13, adopted 1998; Ord. 2507 § 1 (part), adopted 1991; Ord. No. 3167, §§ 1, 2, 3, 4, 5, adopted Nov. 25, 2008; Ord. No. 3228, § 1, adopted July 17, 2012.

Created: 2024-06-24 08:11:34 [EST]
(Supp. No. 16, Update 2)

organization, including, but not limited to, a pet shop, grooming facility, breeding facility, boarding facility, stable or non-profit humane organization.
(e) "Animal operation" means any commercial or non-profit endeavor which is wholly or in part based upon the care, keeping, or utilization of companion animals in the conduct of its business or operation. (f) "At large" means being upon any private property while unrestrained by a leash and without permission of the person who owns or has a right to possess or use the property; or, being upon public property or private property which is open to the public while unrestrained by a leash. (g) "Board of supervisors" means the San Luis Obispo County Board of Supervisors. (h) "Business day" means any day that the division's animal shelter is open to the public. (i) "Cat" means a Felis catus of either sex, altered or unaltered; or any animal which is a hybrid of a Felis catus.
(j) "Chief animal control officer" means the animal services manager of the County of San Luis Obispo or his designee.
(k) "Commercial" means any transaction, relationship, business or endeavor which involves the exchange of money, or traded goods or services, in exchange for any material consideration or service. (l) "Commercial animal operation" means:
(1) Any commercial enterprise other than a duly licensed veterinary hospital which involves the direct care, keeping or maintenance of companion animals conducted from a non-residential location; or
(2) Any commercial enterprise other than a duly licensed veterinary hospital conducted from a residential location which involves the direct care, keeping or maintenance of companion animals and at which the number of animals kept exceeds the maximum allowed under the provisions of this title or other applicable codes; or
(3) Any commercial enterprise other than a duly licensed veterinary hospital which involves the care, keeping, or maintenance of companion animals conducted from a residential location and with gross annual revenue exceeding ten thousand dollars.
(m) "Companion animal" means any animal of a species normally kept by people for the purposes of companionship, recreation, or sport. For the purposes of this title, this definition includes horses, donkeys, mules, and any other domesticated equine.
(n) "County" means the County of San Luis Obispo.
(o) "Division" means the division of animal services, the chief animal control officer and/or his or her duly authorized representative(s).
(p) "Dog" means a Canis familiaris of either sex, altered or unaltered; or any animal which is a hybrid of a Canis familiaris.
(q) "Domestic animal" means any animal of a vertebrate species which:
(1) Has been selectively bred to live in a tame condition for the purposes of being a household pet, food or fiber source, or work animal; and
(2) Is generally dependent upon people for its survival; and (3) Is notably distinct in conformation and/or behavior from its wild ancestors. (r) "Health agency" means the County of San Luis Obispo Health Agency as established in Chapter 2.26 of this code.

Created: 2024-06-24 08:11:34 [EST]
(Supp. No. 16, Update 2)

(s) "Heel" means for a dog to walk with its head or body remaining parallel and directly adjacent to the legs of its handler.
(t) "Hobby breeder" means any private person who offers any dog, cat, or other animal normally kept as a household pet for sale or in exchange for any monetary or other non-monetary consideration, provided that:
(1) The sale of such animals is conducted as an accessory use from a private residence; and (2) The number of animals kept at that location does not exceed the maximum allowed under the provisions of this title or other applicable codes; and (3) The total gross revenue realized from the breeding or sale of animals does not exceed an annual revenue of ten thousand dollars.
(u) "Household pets" means any animal normally kept for purposes of companionship or amusement, including, but is not limited to, cats, dogs, canaries, parrots, fish, rodents, rabbits, turtles, lizards, and snakes.
(v) "Identification" means any visible or readily discoverable tag, tattoo, microchip or other information bearing mark or device attached to, or implanted in, an animal giving indication that the animal is owned and providing, at a minimum, a current phone number or address at which the owner can be contacted.
(w) "Impound" means to have been received into the custody of the chief animal control officer, any of his or her authorized agents or officers, or any public agency. (x) "Irremediable" means any injury or illness causing significant malaise, discomfort, or suffering to an animal and which is without treatment or which would not normally be treated by the average animal owner in the community.
(y) "Livestock" means all domestic animals other than household pets including, but not limited to, horses, ponies, mules, donkeys, cattle, sheep, goats, swine, and poultry. (z) "Menacing" means the demonstration of behavior indicating an intent to inflict harm or which otherwise places a person in reasonable fear for his or her safety, the safety of others, or the safety of animals kept by them.
(aa) "Non-profit humane organization" means any animal operation conducted by a bona fide charity in good standing under the provisions of Section 501(c)3 of the Internal Revenue Code and in compliance with all state and local codes pertaining thereto.
(bb) "Neuter" means to be rendered incapable of reproduction as a result of surgical removal of the testes. (cc) "Owner" means any person who exercises legal possession or custodianship of an animal, or who legally claims the right to possession or custodianship of an animal. (dd) "Person" means any individual, firm, partnership, corporation, company, society, or association and every officer, agent, or employee thereof.
(ee) "Public nuisance" means any condition or circumstance which:
(1) Effects a substantial portion of a neighborhood as determined by the division; and (2) Is indecent or offensive to the senses, adversely impacts the health and safety of others, or otherwise impedes the reasonable use and enjoyment of property. (ff) "Quarantine" means the strict confinement of an animal in a location which prevents its interaction with other animals and limits interaction with people during the period in which it is under observation for signs indicative of an infectious disease.

Created: 2024-06-24 08:11:34 [EST]
(Supp. No. 16, Update 2)

(gg) "Severe bodily injury" means any physical injury which results in deep lacerations with separation of subcutaneous tissues, muscle tears, lacerations, fractures or joint dislocations, or permanent impairment of locomotion or special senses.
(hh) "Spay" means to be rendered incapable of reproduction as a result of the surgical removal of the ovaries.
(ii) "Stable" means any lot, building, enclosure, or premises maintained for the purpose of lodging, feeding, boarding or rental of horses or other livestock. (jj) "Stray" means any animal subject to leash law or other confinement restrictions which is found roaming at large and without an owner or custodian in the immediate vicinity. (kk) "Veterinarian" means a professional licensed by the State of California to practice the science and art of disease and injury diagnosis, prevention, treatment and cure in animals. (Ord. No. 3498, 11-7-23)

9.01.004 Establishment of a public pound.

A public pound is authorized and established at such place(s) in San Luis Obispo County as shall be fixed from time to time by the board of supervisors.
(Ord. No. 3498, 11-7-23)

9.01.005 Chief animal control officer.
(a) The animal services division shall be under the direction of the chief animal control officer subject to the supervisory control of the county health agency director. (b) It shall be the duty of the chief animal control officer to:
(1) Enforce the provisions of this title, any other sections of San Luis Obispo County Code pertaining to the care and keeping of animals, and all applicable statutes and regulations of the state. (2) Designate and employ those individuals who shall perform the duties of animal control officer. (3) Have charge of and supervise the county animal shelter(s) under his or her jurisdiction. (4) Keep records of all animals impounded in said shelter(s). (5) Keep accounts of all moneys collected and received in the administration of the title. (c) Nothing in this section is intended to create a mandatory duty to perform the duties above for purposes of imposing liability under Government Code section 815.6. (Ord. No. 3498, 11-7-23)

9.01.006 Animal control officers—Citation authority.

The chief animal control officer and his or her duly appointed staff shall have the power to issue citations pursuant to Sections 1.08 and 9.01.012 of this code.
(Ord. No. 3498, 11-7-23)

Created: 2024-06-24 08:11:34 [EST]
(Supp. No. 16, Update 2)

9.01.007 Interference with performance of duties.

It is unlawful for any person to hinder, resist or obstruct the chief animal control officer or any of his or her staff or employees in the exercise of their lawful duties. Any person who violates this section is guilty of a misdemeanor.
(Ord. No. 3498, 11-7-23)

9.01.008 Violation of order.

Except as provided in this chapter, any person who, after written notice, violates, or who upon the demand of the division, refuses or neglects to conform to any lawful rule, written order, or regulation prescribed by the division is guilty of an infraction.
(Ord. No. 3498, 11-7-23)

9.01.009 Impersonation of animal control officer—Prohibited.

It is unlawful for any person who has not been designated to the position of animal control officer as provided in Section 9.01.004, to represent himself or herself to be, or to attempt to act as an animal control officer. Any person who violates this section is guilty of a misdemeanor. (Ord. No. 3498, 11-7-23)

9.01.010 Record of division.

The division shall keep a record of the number, description and disposition of all animals impounded, showing in detail in the case of each, the date of receipt, the date and manner of disposal, the name of the person reclaiming, redeeming or receiving such dogs, cats or household pets, the reason for destruction and such additional records as the board of supervisors may from time to time direct. (Ord. No. 3498, 11-7-23)

9.01.011 Fees.
(a) Whenever fees are to be charged by the division of animal services, these fees shall be set by ordinance or resolution of the board of supervisors.
(b) A fee, including a penalty fee, may be waived if, in the discretion of the chief animal control officer, it is contrary to interests of justice, would adversely impact animal welfare, or would impose an undue financial hardship upon the payee.
(Ord. No. 3498, 11-7-23)

9.01.012 Violation.
(a) Except as otherwise provided, violation of a provision of this title is an infraction. (b) Each day upon which a violation occurs or continues to occur shall constitute a separate offence. (Ord. No. 3498, 11-7-23)

Title 9 - ANIMALS
Chapter 9.02 ANIMALS GENERALLY
San Luis Obispo County, California, County Code Created: 2024-06-24 08:11:35 [EST] (Supp. No. 16, Update 2)

Chapter 9.02 ANIMALS GENERALLY

9.02.001 Animals at large.
(a) No person shall allow or permit any animal, other than household pets, to run at large upon any public street or place, or to trespass upon the property of another.
(b) This provision shall not be construed as permitting the running at large of any household pets that are otherwise restricted by the provisions of this title or by any law applicable thereto. (Ord. No. 3498, 11-7-23)

9.02.002 Unauthorized feeding or attraction of animals prohibited.

It is unlawful for any person to place, deposit, or maintain food, water, shelter, or other similar attractant for an animal in any public park, plaza, woodland, other public place, or upon the private property of another person without the express consent and authorization of the property owner or tenant. (Ord. No. 3498, 11-7-23)

9.02.003 Animal wastes—Duty to remove.

Every person having custody or control of a dog or cat shall promptly remove and dispose of, in a sanitary manner, all feces and other solid waste left by such animal in any public area or on any private property other than that of the animal's owner or keeper.
(Ord. No. 3498, 11-7-23)

9.02.004 Unsanitary conditions prohibited.

It is unlawful for any person to do any of the following:
(a) Keep an animal confined upon any premises or in any enclosure which is befouled by animal waste, trash or debris, or any other foul, noxious, or unsanitary condition. (b) Allow the accumulation or deposit of animal wastes upon his or her property in such a quantity as to disturb the owners, occupants, or users of adjacent properties by way of offensive odor or the attraction of flies, insects, or other vermin.
(c) Allow the accumulation or deposit of animal wastes in a location and quantity so as to befoul or pollute waters entering surface or storm drainage systems.
(Ord. No. 3498, 11-7-23)

9.02.005 Unnecessary noise.
(a) It is unlawful for any person to keep, harbor or maintain upon any lot, or in any residence, building, or structure owned, occupied, or controlled by them any animal which, by any frequent or prolonged noise, causes annoyance or discomfort to a reasonable person of normal sensitivities.

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(Supp. No. 16, Update 2)

(b) Prima facie evidence of a violation of this section shall be established if the noise from any such animal disturbs:
(1) Two or more individuals residing in separate dwellings directly adjacent to the property whereat the animal is kept, or
(2) Three or more individuals residing in separate dwellings in close proximity to the property whereat the animal is kept.
(c) Frequent and repetitive violations of this section may be deemed a public nuisance. (d) This section shall not apply to sounds made by livestock kept upon property which is zoned to allow the keeping of agricultural animals nor shall it apply to any appropriately permitted commercial animal facility situated in a location zoned for such an operation, provided that such noise is consistent with normal and expected levels for that type of animal keeping.
(Ord. No. 3498, 11-7-23)

9.02.006 Investigation and abatement of noise or nuisance. (a) Should the division determine through investigation that any animal habitually causes or creates a public nuisance, the chief animal control officer may issue to the owner of the animal an order to abate the nuisance forthwith.
(1) The division may initiate such an investigation independently upon reasonable suspicion or other good cause that a public nuisance exists; or
(2) The division shall initiate such an investigation upon the written affirmation from three individuals alleging that any animal is causing or creating a public nuisance, provided that those individuals reside in, or occupy, separate dwellings or businesses in proximity to the alleged nuisance. (b) Upon issuance of an order to abate a nuisance, a fine may be levied by the division against the owner of the animal.
(c) If a public nuisance is not successfully abated upon the order of the chief animal control officer, the division may present the results of such investigation to the district attorney for prosecution. (Ord. No. 3498, 11-7-23)

9.02.007 Menacing and aggressive animals.
(a) It is unlawful for any person to keep, harbor, or maintain any aggressive or menacing animal which threatens, harasses, or intimidates a person who is peaceably and lawfully upon public or private property, unless it is contained in an enclosure of a construction adequate to keep it securely confined and prevent its escape.
(b) Upon notification of a violation of subsection (a), the animal owner(s) must immediately confine it to an enclosure or location that mitigates the aggressive and menacing behavior. (c) It is unlawful for any person to permit any animal owned, harbored, or controlled by him or her to attack and cause severe bodily injury or death to another domestic or captive animal while off the property of its owner or keeper.
(d) Liability of Property Owners.

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(1) Owners of properties upon which a tenant keeps, harbors, or maintains any aggressive or menacing animal may, along with the animal owner(s), be jointly and severally liable for penalties related to violations of subsection (a), provided that they have received at least fourteen days prior written notice of the existence of such violation and the violation has not been abated. (Ord. No. 3498, 11-7-23)

9.02.008 Animals designated as potentially dangerous or vicious. (a) Any animal designated under the provisions of another municipal, county, or state law as potentially dangerous, vicious, or their respective equivalent shall be considered so designated within the County of San Luis Obispo as well.
(b) Any and all terms or restrictions related to the keeping, confinement, and care of the animal issued in association with that designation shall be fully and equally in force within the county. (Ord. No. 3498, 11-7-23)

9.02.009 Possession of unsafe and wild animals prohibited.

It is unlawful for any person to own, keep, maintain, or possess any animal which is wild by nature and which, because of its size, disposition, or other characteristics could constitute a danger to human life or property. (a) Such animals shall include, but are not necessarily limited to, the following:
(1) Mammals:
a. Any canine other than a member of the species Canis familaris (domestic dog), including wolves, coyotes, foxes, jackal, or any hybrid thereof.
b. Any feline other than a member of the species Felis catus (domestic cat), including mountain lions, bobcats, tiger, or any hybrid thereof.
c. Hyenas, bears, elephants, and primates.
(2) Reptiles:
a. Any species of front fanged venomous snake, or hybrid thereof. b. Any venomous species of Heloderma.
c. Reticulated pythons, rock pythons, Burmese pythons, anacondas, or any other snake which commonly exceeds ten feet in length at adulthood.
d. Any crocodile or alligator.
(3) Any other terrestrial animal species, except for honey-producing bees, which is venomous to human beings, whether its venom is transmitted by bite, sting, touch or other means. (b) This prohibition shall not apply to:
(1) Livestock;
(2) Any member of the following taxonomic groups:
a. Aves (birds);
b. Equidae (horses, asses, and zebras);

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c. Camelidae (camels, llamas, alpacas);
d. Ruminatia (Oxen, bison, deer, antelope, chevron).
(3) Any wild and dangerous animal being transported through the county provided that the possessor is in compliance with all state and federal laws related to the keeping, possession, and transport of such animals, and provided that the animal does not remain within the county for more than twenty-four hours;
(4) Any zoo, circus, museum, educational or academic research institution, veterinary hospital, wildlife rehabilitation or breeding organization, animal rescue, or commercial film or video production company provided that the animals are kept and confined in a manner which precludes their escape and which fully protects the public from harm. (Ord. No. 3498, 11-7-23)

9.02.010 Injury to animals by motorists—Duty to stop and assist. (a) The operator of a motor vehicle or self-propelled vehicle which strikes and injures or kills any domestic animal on any public roadway shall:
(1) Stop and give reasonable aid, assistance, and/or protection to said animal, provided that this can be done without the operator placing himself at unreasonable risk; and (2) Contact the animal's owner, if known, or the animal services division, highway patrol, or the sheriff's or police department with jurisdiction, and report the location and facts of the incident, including their name and contact information; and
a. Remain at the scene until the owner, appropriate law enforcement or animal control authority arrives or until otherwise dismissed by that authority; or b. In the case of an animal which is injured and not dead, the operator may immediately transport the animal to a veterinarian for treatment.
(b) This section shall not apply to public safety officers or emergency response personnel if the vehicle they were operating was responding to an emergency situation at the time the animal was struck. (Ord. No. 3498, 11-7-23)

9.02.011 Owner's responsibility to dispose of dead dogs, cats and household pets. (a) The owner of any dog, cat, or household pet which has died shall dispose of the carcass in a sanitary manner within twenty-four hours of becoming aware of its death. (b) It is unlawful for any person to place the carcass of an animal, or any portion thereof, in or upon any roadway, park, public place, or upon the private property of another without the express consent of the property owner or possessor.
(Ord. No. 3498, 11-7-23)

9.02.012 Disposition of dead dogs, cats and household pets upon request.

It shall be the duty of the division, upon the request of any owner of any dead dog, cat or household pet which was kept or maintained in the county immediately prior to its death, or upon the request of any person discovering a dead dog, cat or household pet upon his or her premises or upon any public road, highway, street,

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alley, square, park, school ground or other public place, or in or upon any lot or premises, to forthwith bury or dispose of the animal in such manner as may be prescribed by law. The division may charge and collect fees, which may be set by resolution of the board of supervisors, for the transportation and disposal of the dog, cat or household pet from the owner or person having had possession or control of the animal if same can be ascertained.
(Ord. No. 3498, 11-7-23)
Chapter 9.03 DOGS AND CATS

9.03.001 Microchipping required.
(a) All dogs and cats over the age of four months must be implanted with an identifying microchip. (b) This provision shall not apply to:
(1) Dogs or cats for which a veterinarian licensed to practice within the state of California has issued a certificate indicating that such procedure would pose a serious risk to the health or life of the animal.

Such certificate shall be issued in a form as prescribed by the division. (2) Dogs or cats over eight years of age on January 1, 2022. (c) Any dog or cat without a microchip impounded by the division shall be microchipped prior to redemption or adoption.
(Ord. No. 3498, 11-7-23)

9.03.002 Animal keeping limitations—Dogs and cats.
(a) Except as provided by Section 9.03.003, no person may keep, harbor, or maintain more than three dogs, nor more than three cats, over the age of four months on any single lot, premises, dwelling, or living accommodation located within the county, nor may any person allow to be kept, harbored, or maintained more than three dogs, or more than three cats, over the age of four months on any single lot, premises, dwelling, or living accommodation controlled by them and located within the county. (b) This section shall not apply to any duly permitted commercial animal operation. (Ord. No. 3498, 11-7-23)

9.03.003 Animal keeping limitations—Variance to.
(a) The division may issue a permit for a variance to the limitations on animal keeping as established by Section

9.03.002. The issuance of such a permit shall be at the discretion of the chief animal control officer taking into consideration the following:
(1) The type and characteristics of the animals to be kept, (2) The type and quality of housing or confinement provided for the animals, (3) The ability of the owner to maintain the animals in a manner which minimizes undue impact on adjacent neighbors,
(4) Laws, ordinances, regulations and rules applicable to the keeping of animals at the subject location and

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(5) Documentation or awareness of prior animal welfare problems or adverse neighborhood impacts related to the keeping or management of animals by the permit applicant. (b) Permits for a variance to animal keeping limitations shall be issued for the calendar year, or any part thereof, for which the variance is sought. Each permit shall expire on December 31 of the current year, provided that such permit may be renewed without penalty on or before January 1 of the next year. (c) The division may assess a fee for the issuance or the annual renewal of a permit for variance. No proration of the fee shall be made for new permit or renewal applications submitted after January 1, provided that permits issued for new applications submitted after October 1 shall be valid until December 31 of the following year.
(d) A penalty fee may be assessed for permit renewal applications submitted after January 31. (Ord. No. 3498, 11-7-23)

9.03.004 Cats at large.
(a) No person shall permit any unaltered cat owned, harbored, or controlled by him to roam at large. (b) Any person finding a cat roaming at large may, at their own expense, have that animal spayed or neutered by a veterinarian.
(Ord. No. 3498, 11-7-23)

9.03.005 Leash law.
(a) No person shall permit any dog owned, harbored, or controlled by him to be in or upon any public roadway, walkway, park or other public area unless securely restrained by a leash and under the direct control of a person competent to exercise full care, custody, and charge over such dog, or unless the dog is at a "heel" beside a person and obedient to that person's command.
(b) No person shall permit any dog owned, harbored, or controlled by him to trespass or be upon the private property of another without the express prior consent of the property owner or possessor. (c) The provisions of this section shall not be applicable:
(1) To any dog actively engaged in the herding of livestock or hunting provided it is obedient to the commands of the person controlling them during these activities; (2) Within the boundaries of any park or other public area specifically designated and authorized by the controlling agency as an off-leash recreational area for dogs; or (3) Any registered service dogs or dogs associated with search and rescue or law enforcement. (Ord. No. 3498, 11-7-23)

9.03.006 Duty of division to seize and impound dogs roaming at large.

It shall be the duty of the division to seize and impound, in a lawful manner and subject to the provisions of this title, any dog found running at large.
(Ord. No. 3498, 11-7-23)

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(Supp. No. 16, Update 2)

9.03.007 Dogs upon private property.

The owner or possessor of any private property may take up and deliver to the division, or detain for the division to pick up, any dog found running at large upon that property. (Ord. No. 3498, 11-7-23)
Chapter 9.04 IMPOUNDMENT OF ANIMALS

9.04.001 Private individuals finding lost animals.
(a) Any person finding a lost, stray or stolen animal shall notify the division by any means available within twenty-four hours of the event and provide his or her name, address, phone number, a description of the animal, and the time and location at which it was found. (b) Any person having custody of a lost, stray, or stolen animal shall surrender such animal to the division upon demand of the chief animal control officer. Failure to comply with this provision is a misdemeanor. (Ord. No. 3498, 11-7-23)

9.04.002 Notice of impoundment and holding period.
(a) Upon impounding any animal with identification, the division shall make reasonable efforts to notify the owner or custodian of the impoundment within twenty-four hours, excluding Sundays and holidays. The owner or custodian shall also be notified that the animal must be redeemed within three business days and, that unless so redeemed, the animal may be disposed of in a manner as provided by this title. (1) Notification may be made by direct oral communication, telephone message, or posting of written notice at the address listed upon the animal's identification. (b) The division shall maintain a listing which includes the description, date of impound, and location taken up for all animals impounded by the division or reported as found by a private person. This information shall be made available to the public by means of a recorded phone message, website or any other reasonable means deemed appropriate by the chief animal control officer. (Ord. No. 3498, 11-7-23)

9.04.003 Authority to take up.
(a) The division may take into custody:
(1) Any animal found running at large contrary to the provisions of this title or other applicable statute. (2) Any animal delivered to the division by a peace officer as defined by California Penal Code Sections 830.1-830.9.
(3) Sick, injured, or abandoned animals for which the owner or custodian cannot be located or is unable or unwilling to provide appropriate care.
(4) Any animal which presents an active or immediate health or safety risk to the public or other animals. (5) Any animal whose owner or custodian has failed to provide it with necessary sustenance, drink, shelter, and veterinary care.

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(6) Any animal which is confined inhumanely or subject to needless suffering, torment, or otherwise cruel and unnecessary treatment.
(7) Any animal which by law the division is authorized to impound. (b) Any owner or custodian of an animal who believes that the animal has been unlawfully impounded may request a hearing before the chief animal control officer to determine the issue of whether it was lawfully seized and impounded.
(1) The chief animal control officer or his or her designee shall conduct such hearing within seven calendar days of the request.
(2) In the event the animal is determined to have been unlawfully impounded, the division shall refund to the owner or custodian any and all fees associated with the impound other than those associated with the licensure of the animal as required by this title or those due to any veterinary or special care fees necessary for the health and safety of the animal.
(Ord. No. 3498, 11-7-23)

9.04.004 Redemption of impounded animals.
(a) The owner or custodian of any animal taken up and impounded under the provisions of this title may, at any time before the adoption or disposal thereof, redeem such animal by paying to the division the fees and charges prescribed by this title and any other applicable statutes which have accrued up to the time of such redemption.
(b) Any person seeking to redeem an animal impounded under the terms of this provision shall demonstrate to the satisfaction of the division that he or she is the owner or duly authorized custodian of the animal. (c) Any person who is denied the redemption of an animal shall be provided written notification of the basis of the denial and afforded the opportunity to make the corrections necessary to secure the redemption of the animal during which time the animal shall remain in the division's custody. (d) Any person who is denied the redemption of an animal may request a hearing before the chief animal control officer into the validity of the denial. The chief animal control officer or his or her designee shall conduct such hearing within two business days of the request. (e) Failure of a person denied the redemption of an animal to implement the necessary corrections or to request a hearing into the denial within seven days shall be deemed abandonment of the animal which may then be disposed of by the division in a manner provided by this title. (Ord. No. 3498, 11-7-23)

9.04.005 Vaccination and medical treatment of impounded animals authorized.

The division is hereby authorized to administer to any impounded animal such vaccinations, preventative medical treatment, or parasite controls as may be deemed necessary to promote the health and welfare of the animal or of other impounded animals. The cost for the administration of such medications or treatment may be included in the calculation and assessment of impound fees. (Ord. No. 3498, 11-7-23)

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(Supp. No. 16, Update 2)

9.04.006 Holding period—Household pets.
(a) Unless otherwise specified within this title or by California state code, any household pet impounded under the provisions of this title shall be held by the division and kept available for owner redemption for a period of no less than three business days, not including the day of impoundment. (b) Calculation of the holding period for animals impounded with current identification as defined by Section

9.01.003(v) shall commence upon notification to the owner or custodian of the impoundment. If such notification is not made, the holding period for such animals shall be no less than seven calendar days. (c) Any animal surrendered to the division by its lawful owner may, at the division's discretion, be made immediately available for adoption.
(Ord. No. 3498, 11-7-23)

9.04.007 Holding period—Livestock.
(a) The division shall immediately notify the office of the California State Secretary of Agriculture and provide a description of any impounded bovine, horse, mule, or burro having been found at large. (b) Any livestock animal found at large shall be held by the division and kept available for owner redemption for a period of no less than ten business days, not including the day of impoundment. (c) The division may authorize an individual finding any livestock animal other than a bovine roaming at large to maintain custody of the animal pending identification of the owner, provided they keep it adequately confined and provided with appropriate care. If the owner is not identified after thirty days, the finder may establish ownership of the animal as provided in Section 9.04.009. The individual finding the animal roaming at large may at any time turn such animal over to the division. (Ord. No. 3498, 11-7-23)

9.04.008 Impound fees.
(a) Before an impounded animal is released to the owner or custodian, he or she shall pay fees to the division for the following:
(1) Any applicable license fee and late penalty for the animal; (2) An impound fee which shall be set to increase sequentially for the second, third, and subsequent impounds of the same animal within a one-year period. The first impound fee shall be waived for any dog wearing a current license tag at the time of impound; (3) A boarding fee for each day, or portion thereof, that the animal remains in the division's custody beginning the day following the date of impound;
(4) Any veterinary or special care fees assessed to, or incurred by, the division as a result of the impound of the animal. Payment of these fees does not constitute a guarantee against any future billing of the owner or custodian by a veterinarian or animal care provider for fees not yet assessed to the division or for the value of any discounted service provided to the division. (5) Any other fee established within the provisions of this title or by California state statute. (b) The above fees shall be set by the board of supervisors by ordinance or resolution and may be amended from time to time.

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(c) Any owner or custodian who refuses or fails to redeem an animal upon notification of its impoundment shall remain liable for all costs associated with its impoundment and incurred through the duration of its holding period.
(Ord. No. 3498, 11-7-23)

9.04.009 Adoption of unredeemed animals.

At any time after the expiration of the applicable holding period, the division may, without further notice and without advertising in any manner, adopt out any animal not reclaimed or redeemed provided that:
(a) No animal be adopted, given, or otherwise transferred to any individual, organization, or business for the purpose of being utilized in biomedical, pharmaceutical, or other laboratory testing or research. (b) No dog or cat shall be adopted, given, or otherwise transferred to any person, organization, or business, other than a non-profit humane organization, unless it has been previously spayed or neutered, or unless a veterinarian licensed to practice in the state of California certifies that it is too sick to undergo such a procedure, in which case the adopter shall pay to the division a deposit of no less than fifty dollars.
(1) The deposit shall be returned to the adopter upon provision of proof of alteration to the division. (2) Failure to provide proof of alteration or a renewed veterinarian's certification that the animal remains too ill to undergo surgery to the division within sixty days of the date of the deposit shall result in forfeiture of the deposit.
(Ord. No. 3498, 11-7-23)

9.04.010 Euthanasia of animals.
(a) Any impounded animal which, upon the conclusion of its holding period, has not been redeemed by its owner or which has not been adopted may be humanely euthanized by the division in its discretion. (b) Any owner surrendered animal which has not been reclaimed by its owner within a period of time equivalent to the holding period for impounded stray animals as set forth in Section 9.04.006 may be humanely euthanized by the division in its discretion.
(c) Any impounded or owner surrendered animal, regardless of its holding period, may be euthanized by the division upon diagnosis or recognition of an illness or injury causing irremediable suffering. (d) The division may provide for the humane euthanasia of animals upon request and certification by the owner that the animal:
(1) Has an illness or injury causing substantial suffering, discomfort, or malaise; or (2) Demonstrates unprovoked aggression towards people or domestic animals; or (3) Demonstrates undesirable behavior which is unmanageable and incompatible with the keeping of the animal as a domestic pet.
(Ord. No. 3498, 11-7-23)
Chapter 9.05 ANIMAL BREEDING AND SALES

Created: 2024-06-24 08:11:35 [EST]
(Supp. No. 16, Update 2)

9.05.001 Animal breeding—Permit required.
(a) No person, firm, corporation, or association shall breed with the intent to sell, nor offer for sale, any animal of a type normally kept as a household pet without having first obtained the appropriate permit from the division.
(1) In the event that the breeding operation qualifies as a hobby breeder under the definitions of this title, the permit type issued shall be that of a hobby breeder permit. (2) All other breeding operations shall be permitted as a commercial animal operation. (b) Application, approval, and maintenance of this permit shall be independent of, and in addition to, any other permits required by this code.
(c) Issuance of a permit under this section does not supersede, negate, or otherwise eliminate the requirement of an animal owner or keeper to comply with all other municipal, county and state regulations, ordinances, and laws related to the keeping, breeding and/or sale of animals. (Ord. No. 3498, 11-7-23)

9.05.002 Advertisement of animals for sale.

Any hobby breeder or commercial animal operation offering the sale of a household pet shall include the permit number issued for that operation in any print, electronic, or other form of advertisement. (Ord. No. 3498, 11-7-23)

9.05.003 Hobby breeder permit—Inspection required.
(a) The division shall conduct an inspection of the associated animal facility upon receipt of an application for a new hobby breeder permit and from time to time as may be deemed necessary by the chief animal control officer to ensure appropriate animal care and management. (b) Routine hobby breeder permit inspections may be conducted without prior notification to the permit holder or applicant during the normal business hours of the division. (c) Inspections conducted in conjunction with an investigation of alleged or suspected animal welfare concerns or permit violations may be conducted as necessary for that purpose. (d) Refusal of an applicant or permit holder to allow an inspection shall be grounds for denial or revocation of the hobby breeder permit.
(Ord. No. 3498, 11-7-23)

9.05.004 Hobby breeder permit—Issuance and revocation.
(a) An applicant shall be issued a hobby breeder permit by the chief animal control officer upon successful completion of an inspection of the associated animal facility and payment of any associated fees as may be established by the board of supervisors.
(b) A hobby breeder permit may be immediately denied, suspended, or revoked by the chief animal control officer upon due investigation and determination that:
(1) The issuance of such permit creates, is likely to create, or promotes a public nuisance; or

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(2) The permit holder or applicant has failed to maintain the premises in a clean, sanitary condition and poses an unreasonable risk to the health, safety and welfare of the animals residing at the premises; or (3) The permit holder or applicant has failed to provide appropriate care, housing, or confinement for the animals in his or her keeping; or
(4) The permit holder, applicant, or other resident of the property for which the permit is sought has been convicted of any offence involving a violation of Section 597 of the California State Penal Code or any other equivalent municipal, county, or state law or code. (5) The permit holder or applicant is maintaining or breeding animals in violation of municipal, county, or state law or code.
(c) In the event a hobby breeder permit is suspended or revoked, the holder of the permit shall be given an opportunity for a hearing before an impartial hearing officer from outside of the division, within forty eight business hours of the time of suspension. Upon conclusion of the hearing, the hearing officer may decide to:
(1) Dismiss the suspension or revocation and reinstate the permit with or without conditions; or (2) Suspend or revoke the permit.

This hearing shall be conducted in accordance with procedures adopted by the division and the hearing officer's decision shall be final.
(Ord. No. 3498, 11-7-23)

9.05.005 Hobby breeder permit—Term, fee, and delinquency. (a) Hobby breeder permits shall be issued for the calendar year, or any part thereof, during which the operation is maintained. Each permit shall expire on December 31 of the current year. (b) The division may assess a fee for the issuance or the annual renewal of a hobby breeder permit. No proration of the fee shall be made for new permit or renewal applications submitted after January 1, provided that permits issued for new applications submitted after October 1 shall be valid until December 31 of the following year.
(c) A renewal application may be submitted at any time during the calendar year without penalty, provided that such application is made prior to the breeding of the animals to be covered by the permit. In the event that a renewal application is not submitted prior to the breeding, the division may assess a penalty fee. (Ord. No. 3498, 11-7-23)

9.05.006 Report of animal sales.

Any holder of a hobby breeder permit shall report in writing the sale of any dog or cat to the division within thirty days of the event. Such report shall include:
(a) Date of sale;
(b) Species, breed, age, sex, and color of the animal; and (c) Name and physical address of purchaser.
(Ord. No. 3498, 11-7-23)
Chapter 9.06 COMMERCIAL ANIMAL OPERATIONS

Created: 2024-06-24 08:11:35 [EST]
(Supp. No. 16, Update 2)

9.06.001 Commercial animal operation—Permit required.
(a) No person shall conduct any commercial breeding, kennel, stable, pet shop or other commercial animal operation as defined in this title without first obtaining the appropriate permit from the division. (b) Issuance of a permit to operate under this section does not supersede, negate, or otherwise eliminate the requirement of an animal owner or keeper to comply with all other municipal and or county regulations and ordinances related to the sale or keeping of animals.
(Ord. No. 3498, 11-7-23)

9.06.002 Commercial animal operation permit—Operational standards. (a) The division shall establish minimum standards of sanitation, animal care, and animal housing for the operation of a commercial animal facility. In the event that another law or regulation sets forth different standards regarding the sanitation, care and housing of animals at the facility, the more restrictive law or regulation shall control.
(b) Failure of a permit holder to correct a deficiency in operational standards upon notification by the division constitutes an infraction.
(Ord. No. 3498, 11-7-23)

9.06.003 Commercial animal operation permit—Inspection required. (a) The division shall conduct an inspection of the associated animal facility upon receipt of an application for a new commercial animal operation permit and from time to time as may be deemed necessary by the chief animal control officer to ensure appropriate animal care and management. (b) Routine commercial animal operation permit inspections may be conducted without prior notification during the normal business hours of the permitted animal facility. (c) Inspections conducted in conjunction with an investigation of alleged or suspected animal welfare concerns or permit violations may be conducted as necessary for that purpose. (d) Refusal of an applicant or permit holder to allow an inspection may be grounds for denial or revocation of the permit.
(Ord. No. 3498, 11-7-23)

9.06.004 Business license required.
(a) Unless exempted by county or municipal code, no person, firm, corporation, or association may erect, establish, or maintain any commercial animal operation without first obtaining a business license from the jurisdiction wherein the operation is located.
(b) Such business license shall be issued in a form and for a duration prescribed by the issuing authority. (Ord. No. 3498, 11-7-23)

Created: 2024-06-24 08:11:35 [EST]
(Supp. No. 16, Update 2)

9.06.005 Emergency notification.

The owner or operator of a commercial animal operation shall post in a conspicuous location, where it may be seen outside the locked premises, a notice listing the names and telephone numbers of persons who may be contacted in the case of any emergency.
(Ord. No. 3498, 11-7-23)

9.06.006 Commercial animal operation permit—Issuance, suspension and revocation. (a) An applicant shall be granted a commercial animal operation permit by the chief animal control officer upon submittal of a complete application, successful completion of an inspection of the associated animal facility and payment of any associated fees as may be established by resolution or ordinance by the board of supervisors.
(b) Any permit issued under this title may be suspended or revoked by the chief animal control officer upon the determination that:
(1) The permitted operation creates, is likely to create, or promotes a public nuisance; or (2) The permittee, their agents or employees have failed to maintain the premises in a clean, sanitary condition; or
(3) The permittee, their agents or employees have failed to provide appropriate care or housing for the animals in their keeping; or
(4) The permittee, their agent, or employee has been convicted of any offense involving a violation of Section 597 of the California State Penal Code; or
(5) The division determines that the application included any materially false information; or (6) The permittee, their agents or employees have failed to meet the operational standards established by the division for a commercial animal operation or have otherwise violated any other rule or regulation related to the operation of a commercial animal operation. (c) Prior to the suspension or revocation of any permit issued under this title, the division shall conduct a hearing into the basis for such suspension or revocation. (1) Notice of the hearing shall be mailed to the permittee or posted at the location of the permitted operation at least five days prior to the date of the hearing. (2) Written notice of the hearing findings shall be mailed to the permittee or posted at the location of the permitted operation.
(3) Any order to suspend or terminate a permitted operation shall become effective no sooner than seven, nor more than thirty, calendar days from the date of issuance. (Ord. No. 3498, 11-7-23)

9.06.007 Commercial animal operation permit—Appeal of denial, suspension, or revocation. (a) The applicant or holder of a commercial animal operation permit which has been denied, suspended, or revoked may appeal the decision to the board of supervisors by submitting a written request to the clerk of the board within seven days of the issuance of such decision. The clerk shall set the matter for hearing at the

Created: 2024-06-24 08:11:35 [EST]
(Supp. No. 16, Update 2)

earliest possible date and shall give reasonable notice of the time and place thereof to the applicant or permitee and to the division.
(b) The board of supervisors, or their designee, shall hear the evidence offered by the division and by the applicant or permitee and shall forthwith decide the issue. (c) The decision of the board of supervisors, or their designee, shall be final. (Ord. No. 3498, 11-7-23)

9.06.008 Commercial animal operation permit—Term, fee, delinquency, fee exemption. (a) Commercial animal operation permits shall be issued for the calendar year, or any part thereof during which the operation is maintained. Each permit shall expire on December 31 of the current year, provided that such permit may be renewed without penalty on or before January 1 of the next year. (b) The division may assess a fee for the issuance or the annual renewal of a permit which shall be established by resolution or ordinance by the board of supervisors. No proration of the fee shall be made for new permit or renewal applications submitted after January 1, provided that permits issued for new applications submitted after October 1 shall be valid until December 31 of the following year. (c) A penalty fee may be assessed for permit renewal applications submitted after January 31. The penalty fee shall be established by resolution or ordinance by the board of supervisors. (d) Non-profit humane organization conducting a commercial animal operation are exempt from the assessment of permit fees provided that they submit documentation of their Internal Revenue Service designation as a 501(c)3 organization at the time of application and that they submit their renewal application prior to January 31.
(Ord. No. 3498, 11-7-23)
Chapter 9.07 LICENSING

9.07.001 Dog license—Required.
(a) All dogs, including dog hybrids, over the age of four months and being kept or maintained in the county of San Luis Obispo for more than thirty days in any one year period shall be licensed through the division. (b) The owner, or the owner's agent, of any properties upon which a tenant keeps, harbors, or maintains a dog subject to the licensing requirements established by this section may, along with the animal owner, be jointly and severally liable for penalties related to violations of subsection (a). (c) It shall be the responsibility of the division to administer those processes related to the issuance of such license, including, but not limited to, the:
(1) Receipt and processing of applications for licensure; (2) Distribution of license tags; and
(3) Maintenance of all records related thereto.
(Ord. No. 3498, 11-7-23)

Created: 2024-06-24 08:11:35 [EST]
(Supp. No. 16, Update 2)

9.07.002 Dog license—Exemptions.

The provisions of this title requiring the licensing of dogs shall not apply to:
(a) Dogs on sale in a duly licensed and permitted pet shop or commercial animal operation. (b) Dogs owned by a duly licensed and permitted commercial animal operation, provided that the animal is housed or maintained at the permitted facility.
(c) Every dog that is exempt from licensing requirements shall still be vaccinated against rabies infection with a vaccine approved by the California Department of Public Health for use in dogs, unless such animal would otherwise be exempt from the vaccination requirement as provided in Section 9.08.003. (Ord. No. 3498, 11-7-23)

9.07.003 Dog license—Vaccination required.

The division shall not license any dog which has not been vaccinated against rabies infection with a vaccine approved by the California Department of Public Health for use in dogs or which has not been issued an exemption to the requirement for rabies vaccination as provided for in Section 9.08.003. (Ord. No. 3498, 11-7-23)

9.07.004 Dog license term.

Each dog license shall be valid for a period of up to three years from the date of issuance, provided that the term of validity may not extend beyond the expiration date of the animal's rabies vaccination. In the event that a dog has been exempted from rabies vaccination as provided for in Section 9.08.003, the term of the license shall be for one year.
(Ord. No. 3498, 11-7-23)

9.07.005 Rabies deposit fee required.

Any person procuring a dog license without a valid rabies vaccination for reason of redeeming an impounded animal or clearing a citation will pay a rabies deposit fee which shall be established by resolution or ordinance by the board of supervisors. This deposit is refundable upon proof of current vaccination through normal county refund procedures. Proof of rabies vaccination shall be made to the division within thirty days or the license will be void and the deposit forfeit.
(Ord. No. 3498, 11-7-23)

9.07.006 Dog license tags.

Upon exhibition of the proper evidence of vaccination and payment of the license fee, the division shall deliver to the person making such payment a metal tag with a unique identification number and the words "San Luis Obispo County, CA" stamped thereon. This tag shall be worn at all times by the dog for which it was issued. If the dog is exempted from vaccination as established by Section 9.08.003, the dog tag shall have a distinguishing mark as evidence of such fact.
(Ord. No. 3498, 11-7-23)

Created: 2024-06-24 08:11:35 [EST]
(Supp. No. 16, Update 2)

9.07.007 Assistance animal tags.

Any assistance animal identification tag issued by the division in compliance with California Food and Agriculture Code Section 30850 shall also serve as the license tag for the dog to which it was issued. (Ord. No. 3498, 11-7-23)

9.07.008 License fees.
(a) The division shall assess a fee for each license issued. Such fee shall be established by resolution or ordinance by the board of supervisors.
(b) A late penalty may be assessed in addition to the standard licensing fee for any license renewal which is more than thirty days delinquent or for any new license application which is submitted more than thirty days after the requirements established in Section 9.07.001(a). Such fee shall be established by resolution or ordinance by the board of supervisors.
(c) A reduced fee shall be assessed to senior citizens providing proof of age, provided that the licensed animal has been altered. For the purposes of this section, "senior citizen" shall be interpreted to mean any person over the age of sixty-five.
(Ord. No. 3498, 11-7-23)

9.07.009 License fee—Waived.

The licensing fee shall be waived for:
(a) Dogs which have been issued an assistance animal identification tag as established by California Food and Agriculture Code Section 30850; and
(b) Dogs owned, appropriately trained and utilized by a public agency for the purpose of assisting in law enforcement, search and rescue, or military activities; dogs being trained for such purpose; dogs kept as breeding stock for such purpose; or dogs previously utilized and retired from such purpose. (Ord. No. 3498, 11-7-23)

9.07.010 Counterfeiting prohibited.

It is a misdemeanor for any person to counterfeit a license tag, to remove a valid tag from a dog with the intent of affixing that tag to another dog or transferring that tag to another person, or to knowingly possess or place on a dog any such tag.
(Ord. No. 3498, 11-7-23)
Chapter 9.08 RABIES CONTROL

9.08.001 Rabies vaccination required—Dogs.
(a) The owner or custodian of any dog or dog hybrid over the age of four months shall procure its vaccination against rabies virus infection.

Created: 2024-06-24 08:11:35 [EST]
(Supp. No. 16, Update 2)

(b) Every dog so vaccinated shall be revaccinated at an interval consistent with the labeling directions for the specific vaccine and as approved by the California Department of Public Health. (Ord. No. 3498, 11-7-23)

9.08.002 Rabies vaccination required—Cats.
(a) The owner or custodian of any cat or cat hybrid over the age of four months which is allowed to roam at large shall procure its vaccination against rabies virus. (b) Every cat so vaccinated shall be revaccinated at an interval consistent with the labeling directions for the specific vaccine and as approved by the California Department of Public Health for so long as it is allowed to roam at large.
(Ord. No. 3498, 11-7-23)

9.08.003 Exemptions from rabies vaccination requirements. (a) The requirement for rabies vaccination for any dog or cat may, upon the approval of the chief animal control officer, be waived for a period of up to one year following the submission of a certification by a veterinarian listing a specific medical diagnosis or condition affecting the animal and stating that due to such condition the administration of a rabies vaccination poses a grave or life-threatening risk to the animal. The form of such certification is to be specified by the chief animal control officer. (b) Advanced age alone does not constitute a basis for the waiver of rabies vaccination requirements. (c) Any animal so exempted from rabies vaccination shall be restricted to the enclosed yard or premises of the owner or keeper unless it is securely constrained by a leash no more than six feet in length. (Ord. No. 3498, 11-7-23)

9.08.004 Rabies vaccination—Administration, certificates, and reporting. (a) Vaccination against rabies infections shall be performed by a duly qualified and licensed veterinarian using a vaccine of a type approved for use in that species of animal by the California Department of Public Health. (b) The veterinarian performing the vaccination shall issue to the owner or custodian of the animal a certificate of vaccination which shall include:
(1) The manufacturer and type of vaccine used;
(2) The date of the vaccination;
(3) The duration of vaccination;
(4) A true description of the animal to which the vaccination was administered, including species, age, breed, sex and color; and
(5) The name and address of the owner or custodian of the animal. (c) A copy of the vaccination certificate shall be sent by the veterinarian to the division within thirty days of said vaccination.
(Ord. No. 3498, 11-7-23)

Created: 2024-06-24 08:11:35 [EST]
(Supp. No. 16, Update 2)

9.08.005 Reporting of bites.

Any person bitten by a dog, cat, raccoon, skunk, bat, fox, coyote, bobcat, or other animal of a species subject to rabies infection, any parent or guardian of a minor child so bitten, any physician or healthcare provider treating a person so bitten, and any other person having knowledge of a person so bitten shall, within twenty-four hours, notify the division and report, if known:
(a) The name, address, and phone number of the person bitten; (b) The type of animal inflicting the bite;
(c) The name, address, and phone number of the owner of the animal; and (d) The time, date, and circumstances under which the bite occurred. (Ord. No. 3498, 11-7-23)

9.08.006 Biting animals—Penalty.

It is a misdemeanor for any person to permit any animal owned, harbored or controlled by him or her, to inflict upon any human being a bite that penetrates the skin while the person bitten is on any public place, or lawfully upon any private property.
(Ord. No. 3498, 11-7-23)

9.08.007 Isolation of biting and rabies exposed animals. (a) Any domestic animal of a species subject to infection by the rabies virus and which has bitten a person shall be quarantined for a period of time as established by Title 17 of the California Code of Regulations Section 2606. The location and manner of the quarantine shall be at the discretion of the chief animal control officer.

In the event that no time period for the quarantine is established by the California Code of Regulations, the duration of quarantine shall be set by the chief animal control officer in his or her reasonable discretion. (b) Any domestic animal of a species subject to infection by the rabies virus and which has been exposed to a known or suspected rabid animal shall be quarantined for a period of time as established by Title 17 of the California Code of Regulations Section 2606. The location and manner of quarantine shall be at the discretion of the chief animal control officer. In the event that no time period for the quarantine is established by the California Code of Regulations, the duration of quarantine shall be set by the chief animal control officer in his or her reasonable discretion.
(c) Any hybrid animal which has been vaccinated against rabies infection shall, for the purposes of administration of this section, be considered unvaccinated unless such vaccine was specifically labeled and approved by the California Department of Public Health for administration to hybrid animals. (d) Upon the request and consent of the owner or custodian, an animal subject to quarantine under the provisions of this section may be euthanized prior to the conclusion of the quarantine period provided that the animal's remains are submitted for diagnostic testing in a manner consistent with established medical practice for the assessment of rabies infection.
(e) The chief animal control officer or his or her duly authorized agent is hereby empowered to enter upon any private property, including the home or residence where an animal is kept or has strayed, to inspect, and if necessary to seize and impound any animal for the purpose of enforcing this section.

Created: 2024-06-24 08:11:35 [EST]
(Supp. No. 16, Update 2)

(f) Any person who fails to produce and relinquish upon demand of the division any animal subject to isolation under the terms of this section, disobeys any isolation order issued by the division, or removes from its place of confinement any animal under quarantine without the consent of the division is guilty of a misdemeanor. (Ord. No. 3498, 11-7-23)

9.08.008 Suspicion of rabies.
(a) Any person having ownership or custody of an animal demonstrating symptoms indicative and suggestive of rabies infection, or any veterinarian treating such an animal, shall immediately notify the division. (b) Upon certification by a veterinarian that an animal is demonstrating signs indicative and suggestive of rabies infection, the division may cause the animal to be humanely euthanized and the remains submitted for diagnostic testing in a manner consistent with established medical practice for the assessment of rabies infection.
(Ord. No. 3498, 11-7-23)

3/20/2025
1 ANIMAL SERVICES OVERVIEW
Eric Anderson, DVM
Animal Services Manager
Scope of Services
Shelter Services
• Animal intake and impounds
 Stray animals
 Owner surrender
 Rabies quarantine
 Custodial impound
 Confiscation
• Animal placement
 Return to owner (RTO)
 Adoption
 Rescue
• Animal euthanasia
 Abandoned animals
 Private
• Veterinary care and services
1 2

3/20/2025
2 Scope of Services
Field Services
• Animal nuisance
 Barking / noise
 Roaming at large
 DOA/HBC • Public safety
 Menacing and aggressive
 Animal bite reports
• Animal welfare
 Abuse
 Neglect
 Injured animal response/rescue
• Rabies control
 Domestic
 Wildlife
• Other agency assistance
Scope of Services
Administrative Services
• Shelter transactions
 Adoption
 Redemption
• Licensing
• Lost and found services
 Report processing
 Matching and reunification
• Permits
 Commercial animal operations
 Hobby breeders
• Assistance animal certifications
• Record management and processing
3 4

3/20/2025
3 Scope of Services
Animal
Services
Division
Field Services Shelter
Operations
Administrative
Services
• 1 Supervising ACO
• 1 Lead ACO
• 6 ACOs
• Kennel Supervisor
• 7 ½ Animal Care
Technicians
• Veterinary Technician
• HF Inmates/AWP
• 60+ Volunteers
• Office Supervisor
• Account Clerk
• 4 Admin Assist

24.5 FTE
Fiscal Overview
Budget
• $5.3M (FY2024-25)
 Operations ($4.3M)
 Facility debt service ($1.0M) 55% 25%
19%
FY2022-23 Budget
Salaries & Benefits
Services & Supplies
Facility Debt Service
Revenue
• $4.3M (FY2024-25)
 Fees ($184K)
 Licenses and permits ($913K)
 Service contracts ($1.6M)
 County general fund ($1.6M) 4% 21%
38%
37%
FY2022-23 Revenue
Fees Licenses & permits
Service contracts
County general fund
5 6

3/20/2025
4 Contract Service Fee
Distribution of non-fee offset costs
• Operational budget - $4.3M (FY2024-25) • Fee based revenue - $1.2M • Non-offset cost - $3.1M

5.0%

14.0% 4.0%

3.0%

16.0%

2.0%

11.0%

46.0%
Arroyo Grande
Atascadero
Grover Beach
Morro Bay
Paso Robles
Pismo Beach
San Luis Obispo
County
Contract Service Fee
Cost allocation methodology
• Cost / revenue tracking
• Based on proportionate use
 Shelter use cost (% share)
 Field Service use cost (%share)
 Admin Services use cost (%share) • Revenue credit
• 3yr lookback
Shelter Use
Field
Services
Use
Licensing /
Permits
Use
Total
Revenue Service Fee 4% / 4% 6% / 8% 8% / 8%
$123,658 $47,931 $75,727
7 8

3/20/2025
5 Cost Mitigation
Operational costs
• Decreased cost
 Community cat management
 Narrow margin
• Increased revenue
 License compliance
 Fee recovery
 Risk of disincentivizing
Service Fees
• Decreased usage
 Responsible animal management
• Increased revenue
 Licensing compliance
 Animal redemption
• Service fee rebate
Trends
Animal Intakes
9 10

3/20/2025
6 Trends
Animal Intakes
Trends
Animal Intakes
11 12

3/20/2025
7 Trends
Animal Intakes
Trends
Licensing
13 14

3/20/2025
8 ANIMAL SERVICES OVERVIEW
Eric Anderson, DVM
Animal Services Manager
15

Prepared By: __EV____ Dept Review: __AS______
City Manager Review: _YK_______ City Attorney Review: __RWS_____ Staff Report
TO: Honorable Mayor and City Council DATE: March 17, 2025 FROM: Airlin Singewald, Community Development Director
SUBJECT: Authorize Community Development Director to request the Coastal Commission transfer permitting jurisdiction to the City for specified areas in accordance with Section 30613 of the Coastal Act

RECOMMENDED ACTION
Authorize the Community Development Director to send the attached letter requesting the Coastal Commission transfer permitting jurisdiction to the City for specified areas in accordance with Section 30613 of the Coastal Act.

ALTERNATIVES
The Council could decline to request a transfer of permitting jurisdiction for the specified areas from the Coastal Commission to the City. The power plant property would remain split between Coastal Commission retained jurisdiction and City permitting jurisdiction. This means a future development project on the power plant property would require separate Coastal Development Permit (CDP) approval from the City and Coastal Commission, unless the Coastal Commission agrees to process a consolidated CDP for such development. This could result in an uncertain and inefficient permitting process.

FISCAL IMPACT
The recommended action may have a positive fiscal impact as the City would collect fees to recover the cost of processing development projects in the City’s permitting jurisdiction. The City would not have the same ability for cost recovery to engage in the Coastal Commission’s permitting process.

SUMMARY
The California Coastal Commission (CCC) has recently discovered original tideland surveys that affect the boundaries of retained permit jurisdiction within certain areas of Morro Bay’s waterfront district. These surveys expand the permit jurisdiction of the CCC in the Embarcadero and create a potential conflict over any future development on the former Morro Bay power plant property. To resolve this potential conflict and return permitting authority over the eastern portion of the Embarcadero to the City, CCC staff are recommending that the City initiate a transfer request under Section 30613 of the California Coastal Act. Enacted in 1982, Section 30613 of the Coastal Act allows the CCC to delegate its original permit authority over potential public trust lands to local governments after consultation with the California State Lands Commission (CSLC), provided that those lands are determined to be (1) filled and developed, and (2) located within an area which is committed to urban uses.

AGENDA NO: 9.b
MEETING DATE: March 25, 2025

2 CCC staff have found that both subject areas (the Morro Bay Power Plant/Triangle Lot and Embarcadero – Inland) meet the qualifications for transfer under Section 30613. City staff agrees with the CCC staff determinations, and recommends that City Council authorize the Community Development Director to initiate the transfer process by requesting such action from the CCC. By receiving permitting authority over the Power Plant property, the City becomes the decision-making agency for development permits on the site (subject to CCC appealability). By receiving the transfer of permitting authority over the parcels on the eastern side of the Embarcadero, the City retains the permitting authority it has historically exercised in the area. In other words, initiating the transfer will keep things the way they have always been along the Embarcadero.

The current retained jurisdiction boundaries have been in place since 1991, when the City went through the process of approving its post certification maps as part of its Local Coastal Program (LCP). These maps show important land use features like these permitting boundaries, as well as where the Coastal Appeals Jurisdiction is in effect and where the boundaries of the Coastal Zone itself are. The map below illustrates the current boundaries of CCC’s retained jurisdiction (seaward of the green line) compared to what the new boundary would look like if the jurisdiction transfer were to be approved (in red crosshatching). The boundaries of the jurisdiction along the Embarcadero do not change, while the City gains jurisdiction around the power plant property to the north.

3 Effectively, the requested action would increase local control over land use on the Embarcadero by:

1. Transferring permit jurisdiction over a portion of the power plant property and City-owned triangle lot and boat storage yard from the CCC to the City. This is an area that was recently discovered to include filled tidelands and, as such, is deemed CCC jurisdiction, unless transferred to the City following the process described in this report. This is a change from the current mapping, which places a portion of the power plant property and most of the triangle lot and boat storage yard in CCC’s permitting jurisdiction.

2. Transferring permit jurisdiction on the east side of the Embarcadero (from 456 to 988 Embarcadero) from the CCC to the City. This area is already shown on the City’s official maps as being within the City’s jurisdiction. As such, this action would not change permitting or jurisdiction compared to historic practices. It would only initiate the correct legal process to grant the City permitting jurisdiction over these filled tidelands.

The recently discovered tidelands survey also has the effect of transferring the pedestrian trail area (linking the Embarcadero and former wastewater treatment plant site) from CCC to City jurisdiction.

In all of the above cases, the new areas of City jurisdiction would be subject to CCC appeal authority.

As such, the CCC would continue to have final decision-making authority on any project approval in the identified areas.

BACKGROUND
All but eight of Morro Bay’s 5,715 parcels are located within the Coastal Zone, an area of protection created by the California Coastal Act of 1976.

The Coastal Act requires a Coastal Development Permit (CDP) for nearly all development in the Coastal Zone.1 With the passage of the Coastal Act, the California Coastal Commission (CCC) took over permitting authority over all development in the Coastal Zone.

The City gained CDP jurisdiction when the CCC approved the City’s Local Coastal Program (LCP).

However, the CCC retained permitting jurisdiction on any tidelands, submerged lands, and lands subject to the public trust. These are known as areas of Coastal Original Jurisdiction (COJ). To this day, any development within COJ must obtain a CDP directly from the CCC (i.e., the City has no authority to issue a CDP in COJ areas). This includes all development west of the Embarcadero.

Such development often requires a separate land use permit (e.g., a Conditional Use Permit) from the City in addition to a CDP from CCC.

The Coastal Act and City’s LCP also specify certain geographic areas where the City’s CDP jurisdiction is subject to an appeal to the CCC. This includes areas between the sea and the first public road paralleling the sea; within 100 feet of an environmentally sensitive habitat areas; and within 300 feet of a beach or coastal bluff. Any decision by the City to approve a CDP in one of these “Appealable Areas” may be appealed to the CCC.

DISCUSSION

1 Some development, such as repair and maintenance that doesn’t increase size or capacity and residential remodels or additions, are exempt from a CDP.

4 The distinction between lands under Coastal Commission permitting jurisdiction and the City’s permitting jurisdiction was last updated in 1991. Figure 1 below, provided by Coastal Commission staff, illustrates the boundaries along the waterfront that we are familiar with today.

Figure 1: Current Permit Jurisdictional Boundaries
Since the certification of the City’s LCP, permitting authority for projects along the coast and Embarcadero have been determined by this boundary. However, staff with the CCC’s mapping division have recently uncovered the original tidelands survey for Morro Bay that predates the 1991 post certification maps. This tidelands survey shows that the COJ boundaries are in need of amendment in two locations within the City, such that it expands the permitting authority of the CCC.

These original tideland surveys are shown in Figure 2 below, superimposed over a current aerial image of the bay.

5 Figure 2: Original Tideland Surveys
The original survey shows that the CCC, legally, should have retained additional permitting authority of several parcels along the Embarcadero, as well as co-jurisdiction with the City for permitting on the Morro Bay power plant property. This is illustrated in Figure 3 on the next page, and further clarified in Figure 4. In Figure 3, the area shown in red crosshatching represents land in which the CCC should be the permitting authority. Figure 4 maintains this crosshatched area and includes the green line indicating where the boundaries have been enforced since 1991, illustrating this newly apparent discrepancy.

6 Figure 3: Permit Jurisdiction Based on Tideland Surveys Red crosshatching indicates where the CCC’s permitting authority should be retained according to the original Tideland Surveys. The light blue line indicates areas in which this boundary differs from the 1991 post certification maps.

7 Figure 4: Modern Permit Jurisdiction (1991) Compared to Tidelands Survey The red crosshatching remains over areas in which the CCC should retain its permitting jurisdiction, shown this time with a green line that represents the boundaries of the 1991 post certification maps.

This more clearly illustrates areas that are impacted by this change in jurisdiction.

As illustrated by Figures 3 and 4, the CCC should retain permitting authority over properties along the eastern side of the Embarcadero, and have joint authority with the City on the power plant property. However, thanks to legislation that became effective in 1982 the CCC has the ability to delegate its original permit authority over potential public trust lands to local governments under certain circumstances. This legislation, Coastal Act Section 30613, allows the CCC, after consultation with the California State Lands Commission (CSLC), to delegate such areas provided they are determined to be (1) filled and developed, and (2) are located within an area which is committed to urban uses. The CCC is recommending that the City initiate a request through Coastal Act Section 30613 (Section 30613) to receive, by transfer, permitting authority over these areas. These potential transfer areas are marked by yellow crosshatching in Figure 5 on the following page.

8 Figure 5: Recommended Transfer Areas
To summarize, CCC staff have recently discovered original tideland surveys that would expand their permitting jurisdiction in Morro Bay. Rather than do this, however, CCC staff have expressed a desire to process a transfer of jurisdiction to the City for the areas shown in yellow crosshatching in Figure 5 above. The characteristics of these areas and how they meet transfer criteria under Section 30613 will be discussed in the following section.

Analysis
The transfer areas are separated into two parts by CCC staff, and will be discussed separately in this report. The first area is called the Morro Bay Power Plant/Triangle Lot (Power Plant property, for simplicity), and the second is labelled as Embarcadero – Inland (East Embarcadero).

Power Plant Property
The Power Plant property contains three address points (1200, 1210, and 1290 Embarcadero) and three APNs (066-331-046, 066-331-041, and 066-031-002). The jurisdictional transfer for this area

9 includes 10.83 acres. Development on the side includes the decommissioned Morro Bay power plant stacks and associated infrastructure. This area also includes a City-owned boat yard and parking lot, and the Maritime Museum. Figure 6 below provides a closer look at the area and its surrounding uses.

Figure 6: Close Up View of Power Plant Property
Per Section 30613 of the Coastal Act, the CCC can, after consultation with the California State Lands Commission (CSLC), transfer lands which may be subject to the public trust if they are determined to be (1) filled and developed and are (2) located within an area which is committed to urban uses.

Coastal Commission staff have made findings for each of these conditions, which have been summarized and presented below.

Filled and Developed
The US Navy began construction of Morro Bay’s harbor in the early 1940s. This included dredging sand from the estuary to create new land on the eastern side of the estuary, which now includes the subject properties (Power Plant property) and the Embarcadero.

The site was first used as a Navy training base through 1945. In the early 1950s, the Morro Bay Power Plant was constructed and operated until it was officially decommissioned in 2014. The stacks and power plant building remain in place today. The City’s certified Local Coastal Plan (LCP) classifies the boat yard and the Maritime Museum as Public Facility and the Front Street parking lot as Visitor Serving Commercial. Both land use designations reflect the current land uses of these properties. The power plant portion of the subject properties, however, is designated Visitor Serving Commercial, which does not reflect the current land use of that site. The City’s LCP requires the

10 certification of a master plan prior to the processing of a Coastal Development Permit (CDP) for associated development at the power plant site.

Committed to Urban Uses
The subject properties are located in an area that has been committed to urban uses since the fill and development of the power plant property area and the Embarcadero by the US Navy in the 1940s. The predominate land uses in the surrounding area are Visitor Serving Commercial with a floor area ration (FAR) of 1.25 and Commercial/Recreational Fishing with an FAR of 0.5.

City Staff Discussion
Community Development staff agree with the CCC staff that the power plant properties in question meet the criteria of Coastal Act Section 30613 and are eligible for jurisdictional transfer. Should the City Council grant the Director with the ability to request the transfer, the historic tidelands will be officially recognized and potential jurisdictional problems in the permitting process will be avoided.

Under the historic tidelands and without the transfer, a future development on the subject properties would require two CDPs to be processed– one by Coastal staff and another by City staff. This would create a confusing and potentially contradictory process for an applicant, leading to an uncertain outcome for the public. The City could elect to have Coastal Commission be the only permitting authority on a project as the superior agency, which would diminish the City’s influence over the process. Allowing the Director to request the transfer of this area will alleviate these constraints and give the City the most control over future development. It is important to note, however, that in the transfer scenario the CCC would retain appeal authority over permits on the site. City staff recommend that Council authorize the Director to request a transfer of the Power Plant property. This would also transfer CDP jurisdiction of the triangle parking lot and boat storage yard from the CCC to the City.

Embarcadero East
The Embarcadero East transfer area (or, Embarcadero – Inland) spans from 456 to 988 Embarcadero. In between Dune and South Streets, this area includes 19 APNs (15 parcels) and consists of visitor serving uses such as shops, restaurants, public parking lots, and hotels for a total of 4.85 acres. A closer look at this area is provided on the next page in the form of Figure 7.

Per Section 30613 of the Coastal Act, the Coastal Commission can, after consultation with the California State Lands Commission (CSLC), transfer lands which may be subject to the public trust if they are determined to be (1) filled and developed and are (2) located within an area which is committed to urban uses. Just as with the Power Plant property, Coastal Commission staff have made findings for each of these conditions, which have been summarized and presented in the following sections.

Filled and Developed
The US Navy began construction of the harbor in the early 1940s, which included the dredging of sand from the estuary to create new land on the eastern side of the estuary. This filled land includes the low-lying lands spanning from the bayfront to the foot of the bluff inland of the Embarcadero.

The Embarcadero East properties are subdivided into 15 parcels that are almost entirely improved with structures and/or some form of hardscape to support visitor serving uses in the area, with the exception of two vacant lots (APN 066-321-004 and 066-301-041). The parcels are served by roads and utilities and most of the development on the inland side of the Embarcadero has existed since approximately the 1960s.

11 Figure 7: Close Up View of Embarcadero East
Committed to Urban Uses
The Embarcadero East properties are located in an area that has been committed to urban uses since the fill and development of the power plant property and the Embarcadero in the 1940s. The predominate land uses in the surrounding area are Visitor Serving Commercial with an FAR of 1.25 and Waterfront Commercial/Industrial with an FAR or 1.25.

12 City Staff Discussion
Community Development staff agree with the CCC that the Embarcadero East (or, Embarcadero – Inland) properties in question meet the criteria of Coastal Act Section 30613 and are eligible for jurisdictional transfer. Further, the transfer of these properties under Section 30613 would preserve the City’s permitting authority along the eastern edge of the Embarcadero. In other words, the transfer of these properties to the City represents the scenario of no change from the current permitting authority today. Not enabling the transfer of this area would lead to a loss in the City’s authority over land use decisions along the Embarcadero. As with the Power Plant property, it is important to note that the CCC would retain appeal authority over permits on the Embarcadero East properties. A map of the final permit and appeals jurisdictions after the recommended transfer is included below as Figure 8 for clarity. City staff recommend that the Council authorize the Director to request a transfer of the Embarcadero East properties.

Figure 8: Final Permit and Appeal Jurisdictions After Transfer Red crosshatching represents the Coastal Commission’s permit authority after the proposed transfer, while the blue highlighted areas represent the Commission’s appeal jurisdiction.

13 Figure 9: Final Permit Jurisdiction Compared to 1991

CONCLUSION
CCC staff recently discovered a Morro Bay tidelands survey that changed the CCC’s understanding of the historic tideland areas before they were filled in by the U.S. Navy.

According to this survey, the Coastal Commission’s retained jurisdiction (also known as “Coastal Original Jurisdiction” or “COJ”) was expanded to include more of the power plant property, certain areas on the east side of the Embarcadero, and the triangle parking lot and boat storage areas.

CCC staff has requested that the City initiate a process under Section 30613 of the Coastal Act to transfer jurisdiction in these areas from the CCC to the City.

If authorized by the Council and approved by the CCC, this jurisdiction transfer would increase local control of land use and development on the Embarcadero, particularly for the power plant property

14 and triangle parking lot and boat storage. This would also result in a more efficient and cohesive permitting process for future development on the power plant property, as the City would be the one to process the CDP for any future development.

For the identified areas east of the Embarcadero (456 to 988 Embarcadero), the change in jurisdiction would memorialize the City’s current maps, which already grant the City jurisdiction to these filled tidelands.

For all jurisdictional transfer areas, the CCC would still have appeal jurisdiction over development.

ATTACHMENT(S)

1. City of Morro Bay – Jurisdiction Transfer Request Letter

2. City of Morro Bay – Post Certification Map Storyline

www.morrobayca.gov | (805) 772-6261 | www.facebook.com/CityofMorroBay March 25, 2025
Esther Essoudry
California Coastal Commission
455 Market Street, Suite 300
San Francisco, CA 94105
RE: City of Morro Bay Transfer Request per Coastal Act Section 30613 Dear Ms. Essoudry,
In 2024, California Coastal Commission staff alerted City of Morro Bay staff about the discovery of original tideland surveys that have an impact on the boundaries of permit jurisdiction between the two entities. The results of the survey impact the permitting authority of two key sites along Morro Bay’s iconic waterfront: the historic Power Plant property and the Embarcadero. To simplify the permitting process of the Power Plant property, and to maintain permitting authority over the affected parcels of the Embarcadero, Coastal staff recommended that the City initiates a jurisdiction transfer request under Coastal Act Section 30613.

Please find attached the City’s request for a transfer of permit jurisdiction in specified locations in accordance with Section 30613 of the Coastal Act. The City’s submittal includes supporting analysis for the request to transfer permit jurisdiction to the City for 18 lots and small portions of adjacent public rights-of-way. All lots and right-of-way areas in the transfer request are located in urbanized areas and are currently developed, with the exception of two vacant lots (APN 066-321-004 and 066-301-041), per the analysis attached. This will memorialize City permit authority for properties and public rights-of-way in qualifying urbanized locations where the Coastal Act otherwise defines the area as Commission permit jurisdiction:
 Morro Bay Power Plant / Triangle Lot: Visitor Serving Commercial Zone (2 lots) and Public Facility Zone (1 lot)
 Embarcadero – Inland: Visitor Serving Commercial Zone (15 lots).

Finalization of this map and transfer will benefit the City of Morro Bay by clarifying and streamlining the permit process for coastal development in locations designated for urban use and development consistent with the certified Local Coastal Plan (LCP) for coastal development.

The City appreciates Commission staff’s efforts to implement map changes where necessary after the discovery of the original tidelands surveys. By initiating this transfer request, the City seeks to retain permitting jurisdiction over inland properties along the eastern edge of the

Section 30613 Jurisdiction Transfer Request
City of Morro Bay

_____________________________________________________________________________________________ www.morrobayca.gov | (805) 772-6261 | www.facebook.com/CityofMorroBay Embarcadero and gain jurisdiction over the historic Morro Bay Power Plant property. In both cases, the Commission will retain appeal jurisdiction over permits issued by the City.

Please contact me if you have any questions regarding the City’s submittal package. We look forward to working with the Commission to finalize certification of this Section 30613 transfer request and LCP Permit Jurisdiction Map.

Sincerely,
Airlin Singewald,
Community Development Director

Section 30613 Jurisdiction Transfer Request
City of Morro Bay

_____________________________________________________________________________________________ www.morrobayca.gov | (805) 772-6261 | www.facebook.com/CityofMorroBay Request for Section 30613 Permit Jurisdiction Transfer
Morro Bay Power Plant/Triangle Lot

LANDS SUBJECT TO PUBLIC TRUST WHICH ARE FILLED AND DEVELOPED Location:
1200, 1210, and 1290 Embarcadero
Subject Property Description:

Development on the site includes the inactive Morro Bay power plant stacks and associated power plant infrastructure, a City owned boat yard and parking lot, and the Maritime Museum.

APN Name CLUP
Designation
Coastal
Zoning District
Current Land
Use
066-331-046 Morro Bay
Power Plant
Visitor Serving
Commercial
Visitor Serving
Commercial
(VSC)
Industrial

Section 30613 Jurisdiction Transfer Request
City of Morro Bay

_____________________________________________________________________________________________ www.morrobayca.gov | (805) 772-6261 | www.facebook.com/CityofMorroBay 006-331-041 Triangle
Parking
Lot/Maritime
Museum
Public/Institutional Public Facility
(PF)
Public
066-031-002 Front Street
Parking Lot
Visitor Serving
Commercial
Visitor Serving
Commercial
(VSC)
Public
Coastal Act Section 30613 Request:

To extend the City’s jurisdiction seaward to the inland side of the Embarcadero right of way.

The total transfer area is 10.83 acres.

Surrounding Area Description:

The subject properties are located on the northern extent of the Morro Bay estuary and inland of Morro Rock. The surrounding area uses include restaurants and uses associated with the working waterfront to the south, residential uses to the east, the PG&E substation to the north, and a site associated with the Morro Bay power plant that was previously developed with above-ground fuel oil storage tanks located to the west.

Consistency with Section 30613 Guidelines:

Filled: The US Navy began construction of the harbor in the early 1940s which included dredging sand from the estuary to create new land on the eastern side of the estuary. This filled land includes the subject properties and the Embarcadero.

Public Trust Interests: The subject properties are located on historic tidelands which were not known to exist at the time of certification of the City’s post-cert maps in 1991. Thus, the Commission’s retained jurisdiction was not fully asserted for this historic tideland and jurisdiction of the tidelands is partially held by the City. The 1991 post cert map bisects the power plant property, thus presenting jurisdictional problems in the permitting process. No public trust interests currently exist at the properties, and the proposed transfer will recognize the historic tidelands and officially transfer jurisdiction to the City.

Developed: The site was first used as a Navy training base through 1945. The Morro Bay Power Plant was later constructed in the early 1950s, and the plant was officially decommissioned in 2014 although the stacks and power plant building remain in place today.

The City’s certified LCP classifies the boat yard and the Maritime Museum as Public Facility and the Front Street parking as Visitor Serving Commercial, and both land use designations reflect the current land uses of these properties. The power plant portion of the subject properties is designated Visitor Serving Commercial which does not reflect the current land use at that site, but the LCP requires the certification of a master plan prior to the processing of a CDP for associated development at the power plant site.

Section 30613 Jurisdiction Transfer Request
City of Morro Bay

_____________________________________________________________________________________________ www.morrobayca.gov | (805) 772-6261 | www.facebook.com/CityofMorroBay Committed to Urban Uses: The subject properties are located in an area that has been committed to urban uses since the fill and development of the power plant property area and the Embarcadero in the 1940s. The predominate land uses in the surrounding area are Visitor Serving Commercial with a floor area ratio of 1.25 and Commercial/Recreational Fishing with a floor area ratio of 0.5.

Embarcadero - Inland

LANDS SUBJECT TO PUBLIC TRUST WHICH ARE FILLED AND DEVELOPED Location:

Inland block of the Embarcadero spanning from 456 to 988 Embarcadero.

Subject Property Description:

Section 30613 Jurisdiction Transfer Request
City of Morro Bay

_____________________________________________________________________________________________ www.morrobayca.gov | (805) 772-6261 | www.facebook.com/CityofMorroBay The inland side of the Embarcadero consists of visitor serving uses including shops, restaurants, public parking lots, and hotels.

APN Name CLUP
Designation
Coastal Zoning
District
Current Land
Use
006-321-023,
066-321-024
Surf Shop Visitor Serving
Commercial
Visitor Serving
Commercial
(VSC)
Commercial
066-321-021 Rowan Chase
Art Studio
Visitor Serving
Commercial
Visitor Serving
Commercial
(VSC)
Commercial
066-321-004 Vacant Visitor Serving
Commercial
Visitor Serving
Commercial
(VSC)
Vacant
066-321-006 Suns N Buns
Bakery
Visitor Serving
Commercial
Visitor Serving
Commercial
(VSC)
Commercial
006-321-007 Front St ROW/
chessboard
park
Visitor Serving
Commercial
Visitor Serving
Commercial
(VSC)
Public Facility
066-321-008 Public restroom Visitor Serving
Commercial
Visitor Serving
Commercial
(VSC)
Public Facility
066-321-025,
066-321-026,
066-321-028
Public parking Visitor Serving
Commercial
Visitor Serving
Commercial
(VSC)
Public Facility
066-301-037 Garden Gallery Visitor Serving
Commercial
Visitor Serving
Commercial
(VSC)
Commercial
066-301-074 Umi Sushi and
Sake
Visitor Serving
Commercial
Visitor Serving
Commercial
(VSC)
Commercial
066-301-041 Vacant Visitor Serving
Commercial
Visitor Serving
Commercial
(VSC)
Vacant
066-131-015 Shell Shop Visitor Serving
Commercial
Visitor Serving
Commercial
(VSC)
Commercial
066-131-028 Maya
Restaurant
Visitor Serving
Commercial
Visitor Serving
Commercial
(VSC)
Commercial
066-132-007,
066-132-012
Warehouse and
boat parking
Visitor Serving
Commercial
Visitor Serving
Commercial
(VSC)
Commercial
066-132-017 La Katrina
restaurant
Visitor Serving
Commercial
Visitor Serving
Commercial
(VSC)
Commercial

Section 30613 Jurisdiction Transfer Request
City of Morro Bay

_____________________________________________________________________________________________ www.morrobayca.gov | (805) 772-6261 | www.facebook.com/CityofMorroBay 066-132-014 Embarcadero
Inn
Visitor Serving
Commercial
Visitor Serving
Commercial
(VSC)
Commercial
Coastal Act Section 30613 Request:

To extend the City’s jurisdiction seaward approximately 75 to 125 feet to include the parcels on the inland side of the Embarcadero. The total transfer area is 4.85 acres.

Surrounding Area Description:

The subject parcels are located in the Embarcadero/waterfront region of the City.

Development in this region of the City consists primarily of uses tailored to tourists and visitors, and includes uses to support the working waterfront along the bayside of the Embarcadero.

Consistency with Section 30613 Guidelines:

Filled: The US Navy began construction of the harbor in the early 1940s which included dredging sand from the estuary to create new land on the eastern side of the estuary. This filled land includes the low-lying lands spanning from the bayfront to the foot of the bluff inland of the Embarcadero.

Public Trust Interests: The inland side of the Embarcadero is located on historic tidelands which were not known to exist at the time of certification of the City’s post-cert maps in 1991.

Thus, the Commission’s retained jurisdiction was not fully asserted for these historic tidelands and jurisdiction of the subject properties has been held by the City. No public trust interests currently exist at the properties, and the proposed transfer will recognize the historic tidelands and officially transfer jurisdiction to the City.

Developed: The subject properties are subdivided into 15 parcels and are almost entirely improved with structures and/or some form of hardscape to support visitor serving uses in the area with the exception of two vacant lots (APN 066-321-004 and 066-301-041). The parcels are served by roads and utilities and most of the development on the inland side of the Embarcadero has existed since approximately the 1960s.

Committed to Urban Uses: The subject properties are located in an area that has been committed to urban uses since the fill and development of the power plant property and the Embarcadero in the 1940s. The predominate land uses in the surrounding area are Visitor Serving Commercial with a floor area ratio of 1.25 and Waterfront Commercial/ Industrial with a floor area ratio of 1.25.

1991 Post Cert Maps Page 103 of 109
Tideland Surveys Page 104 of 109
Permit Jurisdiction
Based on Tideland
Surveys

Modern Permit
Jurisdiction (1991)
Compared to Tidelands

Recommended Transfer
Areas (in yellow) Page 107 of 109
Final Permit
Jurisdiction Compared
to 1991

Final Result- Permit and
Appeal Jurisdictions Page 109 of 109