Article 3 Zones, Allowable Uses, and Development Standards Paso Robles Zoning Code 3-34
C. Open Space Zoning District (OS) Purpose. The Open Space Zoning District provides a category for public and private properties that are to be used only for conservation of natural resources and passive open space activities such as hiking trails and equestrian trails.
D. Agricultural Zoning District (AG) Purpose. The purpose of the Agricultural Zoning District is to allow and protect the operation of agricultural uses, maintain open space, and provide viable land uses in areas impacted by airport operations consistent with the Land Use Element of the General Plan.
21.35.020. LAND USE REGULATIONS
Uses permitted by right and subject to approval of a Conditional Use Permit shall be as listed in Chapter 21.32 (Land Use Regulations in Zoning Districts). Conditional Use Permits applications shall be processed pursuant to Chapter
21.19 (Conditional Use Permits and Administrative Use Permits).
21.35.030. DEVELOPMENT STANDARDS
A. General Development Standards.
1. Standards. New structures and alterations to existing structures shall be designed and constructed in compliance with the requirements in Table 21.35.030-1 (General Development Standards for Public, Parks, Open Space, and Agricultural Zoning Districts).
2. Process. Chapter 21.15 (Development Review) is required prior to Building Permit issuance for any structure, or to relocate, rebuild, or significantly enlarge or modify any existing structure or site.
B. Additional Regulations. In addition to other sections of the Zoning Code,
1. Exceptions and additional regulations are included in Sections 21.35.040 - 21.35.070 by zoning district; and
2. See also the development standards in Article 4 (Regulations and Standards Applicable to All Zoning Districts).
Table 21.35.030-1
General Development Standards for Public, Parks, Open Space, and Agricultural Zoning Districts Development
Standards PF POS OS AG Additional Regulations
Minimum Lot Area 5,000 sf — — 20 acres
Minimum Lot Width 50 ft — — —
Maximum Lot
Coverage
— 50% — —
Maximum Density N/A 1 dwelling unit per
lot for all lots 20
acres greater
N/A 2 dwelling
units per lot
for all lots 20
acres or
greater
Height Limit 50 ft 35 ft for primary
structure;15 ft for
accessory
structures
35 ft 32 ft See Paragraph 21.41.040.A.2
(Table 21.41.040-1: Allowed
Projections Above Height Limits)
Minimum Setback
Front — 15 ft — 50 ft
Side – Street — 10 ft — 50 ft
Article 3 Zones, Allowable Uses, and Development Standards Paso Robles Zoning Code 3-35
Table 21.35.030-1
General Development Standards for Public, Parks, Open Space, and Agricultural Zoning Districts Development
Standards PF POS OS AG Additional Regulations
Side – Interior — 10 ft — 25 ft
Rear — 20 ft — 25 ft
Structure
Separations
— 10 ft — —
21.35.040. ADDITIONAL REGULATIONS FOR PROPERTIES ADJACENT TO
RESIDENTIAL ZONING DISTRICTS
A. Setback Adjacent to Residential Zoning Districts. Unless a larger setback is required by another provision of the Zoning Code, where a Public Facilities, Parks and Open Space, Open Space, or Agricultural Zoning District property line abuts a residential zoning district, the abutting setback shall be:
1. Interior Side Setback: 5 feet
2. Rear Setback: 10 feet
3. Interior Side and Rear Setbacks for Buildings Taller than 2 Stories: 20 feet B. Modifications. Modifications to the setback requirement may be allowed through a Development Plan Modification (Section 21.16.020). In approving such a request, the review authority shall make the findings required for a Development Plan Modification (Subsection 21.16.020.D).
21.35.050. ADDITIONAL DEVELOPMENT STANDARDS AND REGULATIONS IN PF
ZONING DISTRICT
A. Creation of New Lots. New lots may be created via subdivision map, parcel map, or lot line adjustment to define the boundaries of public and private parks and recreational facilities and open space areas. New lots shall not be created with the intent of creating opportunities for single-family residential land use.
B. Front and Streetside Setbacks in PF Zoning District. In the PF Zoning District where the frontage in a block (on the same side of the street) is partially in a residential zoning district, a front setback of 10 feet and a street side setback of 5 feet is required.
21.35.060. ADDITIONAL DEVELOPMENT STANDARDS AND REGULATIONS IN POS
ZONING DISTRICT
A. Creation of New Lots. New lots may be created via subdivision map, parcel map, or lot line adjustment to define the boundaries of public and private parks and recreational facilities and open space areas. New lots shall not be created with the intent of creating opportunities for single-family residential land use.
B. Permitted and Conditional Uses. Uses permitted by right and subject to approval of a Conditional Use Permit in the POS Zoning District shall be as listed in Chapter 21.32 (Land Use Regulations in Zoning Districts). As noted in Table 21.32-1 (Zoning District Use Regulations), the following conditions apply to development of single-family dwellings:
1. One single-family dwelling shall be allowed on privately owned lots that are 20 acres or larger in area.
Article 3 Zones, Allowable Uses, and Development Standards Paso Robles Zoning Code 3-36
a. Exceptions:
(1) One single-family dwelling per lot is allowed on existing lots that are 1 acre or larger that were annexed into the City after January 12, 1992; (2) On those lots created for open space purposes as part of a subdivision of land zoned for residential, commercial, or industrial use, no residential use shall be permitted.
2. A Conditional Use Permit shall be required for 1 single-family dwelling per lot on lots less than 20 acres in area, subject to meeting the lot size, width, depth, and grading standards of the R-1 Zoning District, given the natural slope, and provided that oak trees, stream courses, and any other significant natural feature will not be adversely affected by development of a single-family dwelling. a. Exception: On those lots created for open space purposes as part of a subdivision of land zoned for residential, commercial, or industrial use, no residential use shall be permitted.
21.35.070. ADDITIONAL DEVELOPMENT STANDARDS AND REGULATIONS IN AG
ZONING DISTRICT
A. Agricultural Buffers. Buffers consistent with Policy LU-2E and Action Item 4 of the General Plan may be used as guidelines when considering establishment of a nonagricultural use adjacent to an existing AGzoned parcel.
B. View Shed Area - Highway 46 corridor. Highway 46 is a main entrance into the City and therefore a sensitive view shed area whose appearance contributes to the perception of the City. All buildings, structures, and outdoor activities visible from the Highway 46 corridor shall be reviewed for consistency with General Plan policies. Project review should consider landscaping, scale of development, signage, relationship to natural setting, circulation, and architecture for nonresidential buildings.
C. Development Review. All permitted uses require either a Development Plan, Site Plan or Plot Plan approval as outlined in Chapter 21.15 (Development Review) of this Title, except that any level of review specifically called for in this Chapter, including no permit required, shall supersede the established thresholds as stated in Chapter 21.15 (Development Review). In addition, Subparagraph 21.17.010.B.3.a (regarding all necessary infrastructure has been installed) shall not apply to development within the AG Zoning District.
D. Dedication of Public Rights-of-Way. All development projects subject to Conditional Use Permit, Development Plan, or Site Plan approval shall offer to dedicate for public street purposes one-half of the planned street or as otherwise determined by the City Engineer, consistent with the General Plan.
E. Street Improvements. All development projects within the AG Zoning District shall install street improvements unless exempted by the review authority based on a recommendation from the City Engineer.
F. Water Wells.
1. New wells established exclusively for agricultural uses within the AG Zoning District are allowed in accordance with Title 14 of this Code.
2. New wells established exclusively for domestic uses within the AG Zoning District are allowed in accordance with Title 14 of this Code.
Article 3 Zones, Allowable Uses, and Development Standards Paso Robles Zoning Code 3-37
3. Commercial uses within the AG Zoning District shall not be permitted to establish water wells unless approved by the Utilities Department Director or City Council.
G. Residential Development. All residential development and related activities shall comply with R-1 Zoning District regulations listed in Chapter 21.33 (Residential Zoning Districts) unless otherwise stated in this Chapter.
H. Accessory Structures.
1. All Accessory Structures. Development standards for accessory structures shall be the same as those listed in Section 21.35.030 (Development Standards) and Table 21.35.030-1 (General Development Standards for Public Facilities, Parks and Open Space, Open Space, and Agricultural Zoning Districts) of this Chapter.
2. Agricultural Accessory Structures. Agricultural accessory structures shall comply with
21.35.060.H.1 (All Accessory Structures). In addition, all agricultural accessory structures shall be set back a minimum of 100 feet from any dwelling unit other than those on site, except for existing lots of 3 acres or less.
I. Household Pets. All regulations for household pets in Title 8 of the Municipal Code shall apply, except that the maximum number of dogs shall be increased from 3 to 6. Greater than 6 dogs constitutes a Kennel, Pet Boarding use.
J. Airport Compatibility. All development within the Airport Land Use Area shall comply with the adopted Airport Land Use Plan.
K. Agricultural Preserves. All legal lots of record in the AG Zoning District are eligible for agricultural preserve contracts under the Williamson Act (California Land Conservation Act of 1965).
L. Grading for Agricultural Purposes. All earth-moving activities subject to a grading permit for terracing, roads, or other agricultural purposes, not associated with the construction of buildings or structures, requires Plot Plan approval.
M. Access, Parking, and Frontage Requirements. All driveways, parking areas, access, and frontage improvements shall be reviewed by the City Engineer and Fire Chief, who may approve exceptions to Chapter 21.48 (Parking and Loading Regulations).
N. Sales of Agricultural Products—Temporary. Temporary retail sales of agricultural products, except hay, grain, and feed sales, in the AG Zoning District requires Temporary Use Permit (Chapter 21.20) approval subject to the following:
1. At least 50 percent of all products for sale must be grown on the site of the stand, on adjacent contiguous parcels, or on other agricultural parcels in the County owned or leased by the owner of the site on which the stand is located. The sale of other than agricultural products is limited to handcrafted items, packaged food, and tobacco products, which shall not exceed 10 percent of all annual product sales.
2. Retail sales are conducted for a period not to exceed 120 days in a calendar year. A temporary stand vacated or unused for a period exceeding 60 days is to be entirely removed from the site.
3. A minimum of 3 off-street parking spaces shall be provided.
Article 3 Zones, Allowable Uses, and Development Standards Paso Robles Zoning Code 3-38
O. Crop Production and Processing. Crop Production and Processing shall be subject to the following:
1. Setbacks: 200 feet from all property lines;
2. Location: 400 feet from all dwelling units other than those on site;
3. The application shall include a description of all processes and equipment proposed for use on the site, and a description of measures proposed to minimize the off-site effects of dust, odor, or noise generated by the proposed operation.
P. Conditionally Permitted Uses—Specific Development Standards.
1. Composting/Green Waste Recycling. Requires Conditional Use Permit (Chapter 21.19) approval subject to the following:
a. Minimum site area: 20 acres;
b. Setback: minimum 1,000 feet from any school or dwelling unit other than those on site and no closer than 1 mile from any residential zoning district; c. Additional Notice. The public notice required for a hearing on a Conditional Use Permit by Chapter 21.26 (Public Hearings and Notice) shall include additional mailed notice to all owners of property located within 1,500 feet of the exterior boundaries of the site.
2. Livestock Auction/Sales. Requires Conditional Use Permit (Chapter 21.19) approval subject to the following:
a. Minimum site area: 20 acres;
b. Setback: minimum 1,000 feet from any school or dwelling unit other than those on site and no closer than 1 mile from any residential zoning district; c. Additional Notice. The public notice required for a hearing on a Conditional Use Permit by Chapter 21.26 (Public Hearings and Notice) shall include additional mailed notice to all owners of property located within 1,500 feet of the exterior boundaries of the site.
3. Sales of Agricultural Products—Year Round. Retail sales of agricultural products year-round, except hay, grain, and feed, in the AG Zoning District requires Conditional Use Permit (Chapter
21.19) approval subject to the following:
a. At least 50 percent of all products for sale must be grown on the site of the stand, on adjacent contiguous parcels, or on other agricultural parcels in the county owned or leased by the owner of the site on which the stand is located. The sale of other than agricultural products is limited to handcrafted items, packaged food, and tobacco products, which are not to exceed 10 percent of all annual products sales. b. Minimum side and rear setbacks: no closer than 100 feet to any dwelling unit other than those on site.
c. A minimum of 5 off-street parking spaces shall be provided.
Article 3 Zones, Allowable Uses, and Development Standards Paso Robles Zoning Code 3-39
Q. Right to Farm. For nonagricultural land uses occurring near agricultural uses, see Section 21.69.220 (Right to Farm) regarding a person’s and/or entity’s right to farm.
CHAPTER 21.36. OVERLAY ZONING DISTRICTS (HOS, HP, MU, PD, L, SPD, SP)
21.36.010. PURPOSE AND APPLICABILITY
A. Purpose. Overlay zoning districts are created for the purpose of providing tailored regulations for uses and operations in specific geographic area to implement the provisions of the General Plan and to comply with various federal or state regulations. The regulations for an overlay zoning district are either in addition to those applicable to the underlying primary zoning district (Section 21.12.010) or establish restrictions.
B. Applicability. The provisions of this Chapter shall apply to all uses in the primary zoning district and shall be in addition to the regulations for the primary zoning district. Whenever conflicts exist between this Chapter and other sections of the Zoning Code, the most restrictive shall apply.
21.36.020. HIGHWAY-ORIENTED SIGN OVERLAY
A. Purpose and Applicability. It is the intent of the Highway-Oriented Sign (HOS) Overlay Zoning District to regulate the height and design of pole signs oriented towards highways.
B. Development Standards. See Subsection 21.52.080.H (Highway-Oriented Signs).
21.36.030. HISTORIC PRESERVATION OVERLAY
A. Purpose. It is the intent of the Historic Preservation (HP) Overlay Zoning District to encourage the preservation, restoration, and renovation of buildings and/or neighborhoods of architectural significance or interest, consistent with Chapter 21.62 (Historic Preservation).
B. Applicability. The Historic Preservation Overlay Zoning District may be applied to any area containing 1 or more buildings of historic interest. In determining the boundary of the zoning district, the Planning Commission shall consider whether or not the buildings or building are historically significant or of interest, if they have sufficient educational value to warrant consideration for museum use, if they can be retained in their original or present use, if they are adaptive to re-use, and/or if they are adaptive to a new use without damage to those architectural elements that contribute to their significance and if preservation or restoration is economically feasible. In determining the boundary to be included in the Historic Preservation Overlay Zoning District, the Planning Commission shall consider the location of the buildings to be preserved, the original building site of the buildings, the present relationship between different buildings of significance or interest, the architectural continuity of the streets on which the buildings are located, the surrounding uses, the visibility of the buildings to the general public, and the encroachment of detrimental uses. In making such determination, the Planning Commission shall seek to balance the public benefit with any adverse effects to the economic value of adjacent development.
C. Development Review. The Planning Commission shall adopt guidelines for the review of new buildings or structures in the Historic Preservation Overlay Zoning District. Such guidelines shall consider building spacing, lot coverage, yard limits, setbacks, density of use, bulk, height, materials textures, scale, orientation, the rhythm of the block face, and the general spirit of the area. Applications for any new building or structure in HP Overlay Zoning District shall be referred to the Planning Commission for architectural review. The Planning Commission shall review applications for new structures in the Historic Preservation Overlay Zoning District, and may impose such restrictions or conditions as it deems necessary to comply with the intent of Chapter 21.62 (Historic Preservation).
Article 3 Zones, Allowable Uses, and Development Standards Paso Robles Zoning Code 3-40
21.36.040. LODGING OVERLAY
A. Purpose.
1. The Lodging (L) Overlay Zoning District is intended to provide a means through which the City Council (and, through the Development Review process, the Planning Commission) can consider and selectively provide appropriate locations for resort hotels, motels, bed and breakfast inns, and similar forms of visitor-serving lodging (along with related accessory/ancillary land uses).
2. The City's adopted economic development strategy establishes the goal of developing the City into an "end destination" tourist attraction. Providing a Lodging (L) Overlay Zoning District can assist in achieving this goal by encouraging consideration of appropriate locations for resorts, lodging, and related/ancillary land uses (without providing the broader range of permitted and conditionally permitted land uses and the accompanying neighborhood and environmental impacts that are associated with a commercial or industrial General Plan or zoning designation). The L Overlay Zoning District can be established on any property, subject to approval of a zone change application.
3. Considerations upon which to base approval or denial of an L Overlay Zoning District application shall include but not be limited to adequacy of streets and highways to handle the anticipated traffic, and compatibility with adjacent and nearby land uses. The City Council may determine not to consider an L Overlay Zoning District application without the accompanying site plan and elevation designed to demonstrate how the design of the project could be considered compatible with the surrounding neighborhood.
B. Uses Permitted—Approval Process. Unless approved by City Council in conjunction with the adoption of the L Overlay Zoning District, once the City Council has approved an L Overlay Zoning District for a specific property, through the Development Plan process (Section 21.16.010) the Planning Commission may approve, conditionally approve or deny an application for a permitted land use provided for under the L Overlay Zoning District provisions. The permitted land uses are:
1. Resort and other hotels;
2. Motels and motor hotels;
3. Bed and breakfast inns;
4. Similar land uses as determined by the Planning Commission.
C. Accessory/Ancillary Land Uses. In conjunction with or subsequent to approval of a permitted land use, applicants may request Planning Commission approval for accessory/ancillary land uses.
Accessory/ancillary land uses cannot be established independent of permitted (primary) land uses. All accessory/ancillary land uses are subject to approval, conditional approval, or denial of the Planning Commission, based on a finding of compatibility with both the permitted land use and the neighborhood setting:
1. Spa and other recreation facilities;
2. Restaurant facilities;
3. Meeting or conference rooms;
Article 3 Zones, Allowable Uses, and Development Standards Paso Robles Zoning Code 3-41
4. Retail sales operations related to the primary land use;
5. Other visitor serving/complementary land uses determined by the Planning Commission to be consistent with the implementation of the City’s economic development strategy.
D. Conditionally Permitted Land Uses. The Planning Commission shall consider a Conditional Use Permit application for the following uses in the L Overlay Zoning District:
1. Caretaker dwelling units; and
2. Other land uses or activities (including but not limited to outdoor recreation) involving lights, noise, or other characteristics that could have an impact on neighboring land uses.
21.36.050. MIXED-USE OVERLAY
A. Purpose. The purpose of the Mixed-Use (MU) Overlay Zoning is to provide for locations appropriate for development of multi-family residential in nonresidential zoning districts, either in combination with commercial uses or as stand-alone residential development projects. The Mixed-Use Overlay Zoning District is intended to encourage a mix of land uses in areas appropriate for intensified, compact, infill development.
It is also intended to create areas that have activity throughout the day, every day, and that provide a variety of goods, services, and jobs within walking distance of residences.
B. Applicability. A property designated with a Mixed-Use Overlay Zoning District is not required to be developed with a mixed-use development; such property may be developed with any of the uses permitted or conditionally permitted in the underlying zoning district as well as uses permitted by Subsection
21.36.050.C.
C. Allowed Uses. In addition to the uses allowed in the underlying base district per Table 21.32-1 (Zoning District Use Regulations), in the Mixed-Use Overlay Zoning District, the following uses are also allowed:
1. Multi-Family Dwellings;
2. Mixed-use developments combining allowed nonresidential uses (as provided in Chapter 21.32 [Land Use Regulations]) in the underlying zone with multi-family dwellings;
3. Communal Housing;
4. Family Day Care Home;
5. Residential Care – General, Limited, and Assisted Living.
6. Senior Housing;
7. Supportive Housing; and
8. Transitional Housing.
D. General Site Development Standards. New residential land uses shall be designed, constructed, and/or established in compliance with the requirements in Table 21.36.050-1 (Development Standards for MixedUse Overlay Zoning District).
Article 3 Zones, Allowable Uses, and Development Standards Paso Robles Zoning Code 3-42
Table 21.36.050-1: Development Standards for Mixed-Use Overlay Zoning District Development Standards Site Development Criteria
Maximum Height The height regulations of the underlying zoning district shall apply.
Minimum Setbacks The setback regulations of the underlying zoning district shall apply to commercial uses.
For Residential Uses:
Front and Street Side: 10 ft/garages 20 ft
Side: 5 ft first story; 10 ft for upper stories
Rear: 10 ft
See Subsection 21.50.090.A (Setbacks Adjacent to R-1 Zoning District).
Maximum Density 30 dwelling units per acre
Building Features The objective design standards in Chapter 21.50 (Objective Design Standards for MixedUse and Multi-Family Development) shall apply.
Minimum Open Space Private Open Space: 100 sf per dwelling unit Common Open Space: 100 sf per dwelling unit
Only common space may be provided if increased to 300 sf per dwelling unit.
Required open space may be provided as private (for the exclusive use of the residents of one dwelling unit), shared (accessible to all of the residents of a development), or a combination of private and shared open spaces.
Private open space may be provided as private yards, balconies, porches or ground level or rooftop patios.
Shared open space may be provided as courtyards, plazas, balconies, ground level, or rooftop patios.
Walkways, corridors, or paseos shall not be included as open space.
See Subsection 21.45.020.E (Residential Open Space Areas).
Parking See Chapter 21.48 (Parking and Loading Regulations) Residential Storage Each residential unit shall provide a minimum of 200 cubic feet of secured storage space.
This does not include any closets contained within individual dwelling units. Storage space may be incorporated into dwelling unit or provided within a parking area.
Refuse and Recycling Areas See Chapter 21.51 (Refuse and Recycling Areas) Laundry Facilities Laundry facilities consisting of at least 1 washer and 1 dryer per 6 dwelling units, or portion thereof, shall be provided onsite.
Sign Program For projects with more than 1 leasable commercial space, a sign program shall be submitted and approved when the mixed-use project is considered by the Planning Commission (program does not need to include sign copy unless desired).
E. Setback Modification. Modifications to reduce the required setbacks to no less than 5 feet may be allowed through a Development Plan Modification (Section 21.16.020). In approving such a request, the review authority shall make the findings required for a Development Plan Modification (Subsection 21.16.020.D) and all of the following findings:
1. The reduction is necessary to preserve oak trees and/or minimize major grading; and
2. The reduced setback would not be inconsistent with an established neighborhood pattern.
Article 3 Zones, Allowable Uses, and Development Standards Paso Robles Zoning Code 3-43
21.36.060. PLANNED DEVELOPMENT OVERLAY
A. Purpose. The purpose of the Planned Development (PD) Overlay Zoning District is to identify properties where a Development Plan is required, regardless of thresholds identified in Subsection 21.16.010.B (Projects Subject to Development Plan).
B. Development Plan Required. In combination with any base zoning district, development projects proposed within a Planned Development Overlay Zoning District require approval of a Development Plan (Chapter
21.16).
C. Compliance with Standards. Development projects proposed within a Planned Development Overlay Zoning District shall comply with the standards of this Title unless a modification is approved through a Site Plan Modification (Section 21.17.020) or Development Plan Modification (Section 21.16.020).
21.36.070. SPECIAL PLANNED DEVELOPMENT OVERLAY
A. Purpose and Applicability. As specified in Section 21.11.010 (Purpose and Applicability).
B. Review Authority and Additional Permit Requirements. As specified in Section 21.11.020 (Application Processing).
C. Allowed Modifications to Standards. As specified in Section 21.11.050 (Allowed Modifications to Standards).
D. Required Findings. As specified in Section 21.11.060 (Required Findings) E. Special Planned Developments Established. See Chapter 21.04 (Special Planned Developments Established).
21.36.080. SPECIFIC PLAN OVERLAY
A. Purpose and Applicability. As specified in Section 21.14.010 (Purpose and Applicability).
B. Specific Plan Initiation and Project Review. As specified in Section 21.14.020 (Initiation of Specific Plans), Section 21.14.030 (Specific Plan Project Review), and Section 21.14.040 (Hearings, Recommendation, and Action).
C. Required Findings. As specified in Section 21.14.050 (Required Findings).
D. Specific Plans Established. See Chapter 21.05 (Specific Plans Established).
21.36.090. OFFICE PROFESSIONAL OVERLAY
A. Purpose. The Office Professional (OP) Overlay Zoning District is intended to retain and provide for residential uses as the primary use in accordance with the base residential zoning district (such as R-2 or R3), but to act as a transitional zoning district that could accommodate mixed office and residential uses.
Approval of a Conditional Use Permit is required in order to establish professional or medical office uses (or other related commercial service or retail uses ancillary to office). A Conditional Use Permit may be approved if neighborhood compatibility and preservation of residential character can be demonstrated.
Article 3 Zones, Allowable Uses, and Development Standards Paso Robles Zoning Code 3-44
Innovative uses of existing structures shall be encouraged. All new activities and new construction/remodeling shall not detract from the existing character of the neighborhood, particularly with regards to design compatibility with buildings listed in the City's inventory of historic structures.
B. Allowed Uses. In addition to the uses allowed in the underlying base zoning district per Table 21.32-1 (Zoning District Use Regulations), in the Office Professional Overlay Zoning District the following uses are also allowed:
1. Residential dwellings at densities permitted by the base residential zoning district; and
2. All other uses permitted by the base residential zoning district.
C. Uses Conditionally Permitted—Planning Commission Approval. Conditionally permitted uses in the Office Professional Overlay Zoning District are as follows:
1. Medical Services - Doctor Office;
2. Office - Professional/Administrative;
3. Cultural Institutions;
4. Bed and Breakfast Inns;
5. Assembly Facility – Religious;
6. Accessory buildings that are compatible in design and function to primary structures; and
7. Other uses as determined by the Planning Commission as being similar in class and nature to conditionally permitted uses listed in this Section.
D. Nonpermitted Uses. Nonpermitted uses in the Office Professional Overlay Zoning District are as follows:
1. Medical Services - Clinic, Urgent Care;
2. Medical Services - Hospitals;
3. Government Buildings and Facilities; and
4. Other uses not specifically provided for within this Section.
E. Conversion of Residential Structures. No structure originally designed as a residence, or as an accessory structure or addition to a residence, shall be used for any commercial or office uses unless the following criteria are met:
1. Conditional Use Permit Required. Such office or commercial activity may be permitted only after first obtaining a Conditional Use Permit. The establishment of an office professional or related use shall, at a minimum, be subject to the same site development criteria, performance standards, design parameters and other governing regulations of the Office Professional Zoning District, but additional standards and/or controls may be applied through the Conditional Use Permit process in order to maintain neighborhood compatibility.
2. Additional Standards and Controls. Additional standards and controls applied through the Conditional Use Permit process may include, but may not be limited to: increased landscaping and
Article 3 Zones, Allowable Uses, and Development Standards Paso Robles Zoning Code 3-45
screening requirements of structures and parking areas from adjacent dwellings; increased limitations on hours of business operation; limitation on the number of employees associated with a given use; limitation on client schedules or specialized techniques for site maintenance and/or development.
3. Site Development Upgrades. The building and site shall be improved to meet all code requirements for an office or commercial development. This includes such things as but not limited to Building Code requirements, Fire Code requirements and site development code requirements.
Such site development upgrades shall be subject to the development review process as part of the Conditional Use Permit process required by this Section.
CHAPTER 21.37. RESERVED
CHAPTER 21.38. RESERVED
CHAPTER 21.39. RESERVED
CHAPTER 21.40. RESERVED
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-i
Article 4: Regulations and Standards Applicable to All Zoning Districts 4 x
Chapter 21.41. Rules of Measurement .................................................................................................... 4-1
21.41.010. Purpose and Applicability .................................................................................................. 4-1
21.41.020. Fractions............................................................................................................................ 4-1
21.41.030. Measuring Distances ......................................................................................................... 4-1
21.41.040. Measuring Height .............................................................................................................. 4-2
21.41.050. Measuring Lot Width and Depth ........................................................................................ 4-3
21.41.060. Determining Average Slope............................................................................................... 4-4
21.41.070. Determining Developable Area.......................................................................................... 4-5
21.41.080. Determining Density .......................................................................................................... 4-5
21.41.090. Determining Floor Area...................................................................................................... 4-6
21.41.100. Determining Lot Coverage................................................................................................. 4-7
21.41.110. Determining Parking Requirement..................................................................................... 4-7
21.41.120. Determining Setbacks........................................................................................................ 4-7
21.41.130. Projections Into Setbacks .................................................................................................. 4-9
21.41.140. Determining the Front and Side of Corner Lots ................................................................4-10 Chapter 21.42. Accessory Structures.....................................................................................................4-11
21.42.010. Purpose and Applicability .................................................................................................4-11
21.42.020. Permit Requirements........................................................................................................4-11
21.42.030. Development Standards ...................................................................................................4-11 Chapter 21.43. Awnings, Canopies, and Patio Covers .........................................................................4-11
21.43.010. Purpose and Applicability .................................................................................................4-11
21.43.020. Permit Requirements........................................................................................................4-12
21.43.030. Development Standards ...................................................................................................4-12 Chapter 21.44. Fences, Walls, and Hedges............................................................................................4-14
21.44.010. Purpose and Applicability .................................................................................................4-14
21.44.020. Permit Requirements........................................................................................................4-14
21.44.030. Development Standards ...................................................................................................4-14 Chapter 21.45. Landscaping and Open Space ......................................................................................4-16
21.45.010. Purpose and Applicability .................................................................................................4-16
21.45.020. General Provisions ...........................................................................................................4-17
21.45.030. Water Efficient Landscaping.............................................................................................4-18 Chapter 21.46. Reserved .........................................................................................................................4-18 Chapter 21.47. Mechanical Equipment and Screening.........................................................................4-18
21.47.010. Purpose and Applicability .................................................................................................4-18
21.47.020. General Provisions ...........................................................................................................4-19
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-ii
Chapter 21.48. Parking and Loading Regulations.................................................................................4-20
21.48.010. Purpose and Applicability .................................................................................................4-20
21.48.020. General Provisions ...........................................................................................................4-21
21.48.030. Required Parking Spaces.................................................................................................4-22
21.48.040. Parking Reductions and Modifications..............................................................................4-23
21.48.050. Off-Site Parking ................................................................................................................4-24
21.48.060. Bicycle Parking .................................................................................................................4-24
21.48.070. Motorcycle Parking ...........................................................................................................4-24
21.48.080. Parking for Electric Vehicles.............................................................................................4-24
21.48.090. Parking for Storage of Commercial Vehicles, Recreational Vehicles, and Boats .............4-25
21.48.100. Parking Area Design and Development Standards ..........................................................4-25
21.48.110. Driveway Standards .........................................................................................................4-29
21.48.120. Off-Street Loading Requirements.....................................................................................4-31 Chapter 21.49. Reserved .........................................................................................................................4-31 Chapter 21.50. Objective Design Standards for Mixed-Use and Multi-Family Development.............4-31
21.50.010. Purpose. ...........................................................................................................................4-31
21.50.020. Applicability.......................................................................................................................4-31
21.50.030. Alternative Review Process/Modifications ........................................................................4-32
21.50.040. Relationship to Other Standards and Requirements ........................................................4-32
21.50.050. Building Design and Articulation.......................................................................................4-32
21.50.060. Requirements for All Awnings, Balconies, Roofs, Mechanical Equipment, and Detached Accessory Structures........................................................................................................4-40
21.50.070. Frontage Standards..........................................................................................................4-43
21.50.080. Building Materials and Colors...........................................................................................4-47
21.50.090. Transition to Adjacent R-1 Zoning District ........................................................................4-48 Chapter 21.51. Refuse and Recycling Areas .........................................................................................4-49
21.51.010. Purpose and Applicability .................................................................................................4-49
21.51.020. General Provisions ...........................................................................................................4-49
21.51.030. Development Standards ...................................................................................................4-50 Chapter 21.52. Signs................................................................................................................................4-51
21.52.010. Purpose and Applicability .................................................................................................4-51
21.52.020. Definitions.........................................................................................................................4-52
21.52.030. Signs Exempt from Permit Requirements.........................................................................4-55
21.52.040. Prohibited Signs ...............................................................................................................4-56
21.52.050. Signs on Public Right-of-Way or Public Property..............................................................4-57
21.52.060. Sign Permit, Sign Program, and Modification Requirements............................................4-57
21.52.070. Sign Measurement ...........................................................................................................4-59
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-iii
21.52.080. Permanent Signs ..............................................................................................................4-62
21.52.090. Temporary Signs ..............................................................................................................4-66
21.52.100. Nonconforming Signs – Copy Changes............................................................................4-67
21.52.110. Administration and Enforcement.......................................................................................4-67
21.52.120. Murals...............................................................................................................................4-68 Chapter 21.53. Swimming Pools.............................................................................................................4-69
21.53.010. Purpose and Applicability .................................................................................................4-69
21.53.020. Development Standards ...................................................................................................4-69 Chapter 21.54. Underground Utilities.....................................................................................................4-69
21.54.010. Purpose and Applicability .................................................................................................4-69
21.54.020. General Provisions ...........................................................................................................4-69 Chapter 21.55. Visibility at Intersections ...............................................................................................4-70
21.55.010. Purpose and Applicability .................................................................................................4-70
21.55.020. General Provisions ...........................................................................................................4-70 Chapter 21.56. Water Efficient Landscaping .........................................................................................4-70
21.56.010. Purpose and Applicability .................................................................................................4-70
21.56.020. Definitions.........................................................................................................................4-71
21.56.030. Turf limitations for New Construction and Rehabilitated Landscapes...............................4-72
21.56.040. Landscape and Irrigation System Design and Information Requirements........................4-73 Chapter 21.57. Reserved .........................................................................................................................4-75
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-1
CHAPTER 21.41. RULES OF MEASUREMENT
21.41.010. PURPOSE AND APPLICABILITY
This Chapter provides general rules for measurement and calculation applicable to all zoning districts unless otherwise stated in this Title.
21.41.020. FRACTIONS
Whenever this Code requires consideration of distances, parking spaces, dwelling units, or other aspects of development or the physical environment expressed in numerical quantities, and the result of a calculation contains a fraction of a whole number, the results will be rounded as follows:
A. General Rounding. Fractions exceeding one-half (0.5) or greater shall be rounded up to the nearest whole number and fractions less than one-half (0.5) shall be rounded down to the nearest whole number, except as otherwise provided.
B. Fractional Density Rounding. See Subparagraph 21.41.080.A.2.c (Calculating Fractional Density).
C. Exception for State Affordable Housing Density Bonus. When calculating fractions related to permitted bonus density units for projects eligible for bonus density pursuant to Chapter 21.61 (Density Bonus), any fractional number of units shall be rounded up to the next whole number.
21.41.030. MEASURING DISTANCES
A. Measurements Are Shortest Distance. Where a required distance is indicated, such as the minimum distance between a structure and a lot line, the measurement shall be made at the closest or shortest distance between the two objects, unless otherwise specifically stated.
B. Distances Are Measured Horizontally. When determining distances for setbacks, all distances shall be measured along a horizontal plane from the appropriate line, edge of building, structure, storage area, parking area, or other object. These distances shall not be measured by following the topography or slope of the land unless otherwise specifically stated.
C. Measurements Involving a Structure. Measurements involving a structure shall be made to the closest vertical support element of the structure. Structures or portions of structures that are underground shall not be included in measuring required distances unless otherwise specifically stated.
D. Measuring Radius. When a specified land use is required to be located a minimum distance from another land use, the minimum distance is measured in a straight line from all points along the lot line of the subject project, in all directions.
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-2
Figure 21.41.030-1: Measuring Distances
21.41.040. MEASURING HEIGHT
A. Structures.
1. General. Building height is measured from the average level of the highest and lowest points where the vertical plane of the exterior walls touches finished grade to the highest point on the roof.
Figure 21.41.040-1: Measuring Height
2. Allowed Projections/Modifications. The structures listed in Table 21.41.040-1 (Allowed Projections Above Height Limits) may exceed the maximum allowed building height for the zoning district in which they are located, subject to the limitations stated; and further provided, that no portion of a structure in excess of the building height limit may contain habitable areas. In approving such a request, the review authority shall make the findings required for a Development Plan Modification (Subsection 21.16.020.D) or Site Plan Modification (Subsection 21.17.020.C) as indicated in Table 21.41.040-1 (Allowed Projections Above Height Limits).
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-3
Table 21.41.040-1: Allowed Projections Above Height Limits Structures Allowed Above
the Height Limit
Maximum Vertical
Projection Above
the Height Limit
Maximum Coverage and
Locational Limitation
Type of Action
Required
Chimneys 8 ft None Development Plan
Modification (Section
21.16.020)
Nonhabitable architectural
features such as tower
elements, cupolas, bell towers,
church steeples, and similar
structures
10 ft Limited to a total of 20% of roof
area. Features shall be an
integral part of the structure’s
architecture, materials, and
style.
Nonhabitable space to allow
for varied roof forms and/or
roof slope
10 ft None
Elevator and stair towers (for
multi-family and non-residential
buildings only)
16 ft Limited to a total of 10% of roof
area.
Flagpoles 10 ft None Site Plan Modification
(Section 21.17.020)
Fire escapes, catwalks, and
open railings required by law
Not to exceed Building Code requirements None
Mechanical equipment 5 ft Must be set back from exterior walls 1 foot for every foot of
projection above the height limit
and screened consistent with
Paragraph 21.47.020.B.1.
Site Plan Modification
(Section 21.16.020)
Telecommunications facilities,
antennas, microwave
equipment, and radio towers
Subject to the provisions of Chapter 21.66 (Wireless Communications Facilities) Water tanks and silos 10 ft Limited to a total of 25% of the lot area, or 10% of the roof area
of all on-site structures,
whichever is less. Must be
located at least 25 feet from any
property line
Development Plan
Modification (Section
21.16.020)
B. Fences, Walls, and Hedges. Except as provided in Chapter 21.44 (Fences, Walls, and Hedges), the height of a fence or hedge shall be measured from the highest adjacent grade.
21.41.050. MEASURING LOT WIDTH AND DEPTH
A. Lot Width. Lot width is the measured distance between the side lot lines, measured at the front building setback line.
B. Lot Depth. Lot depth is the measured distance along an imaginary straight line drawn from the midpoint of the front property line of the lot to the midpoint of the rear property line or to the most distant point on any other lot line where there is no rear lot line.
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-4
Figure 21.41.050-1: Measuring Lot Width and Depth
21.41.060. DETERMINING AVERAGE SLOPE
A. Average Slope. One of the following methods for determining average slope shall be used:
1. Basic Method. Where a line drawn between highest and lowest points on a parcel is adequate to represent direction and extent of slope for the entire parcel, the difference in elevation between the high and low points, divided by the horizontal distance between the points, shall determine the average slope.
2. Sectional Method. Where the parcel contains distinct sections of differing slope, the average slope of each section may be determined according to either the basic method in Paragraph
21.41.060.A.1 of this Section or the contour measurement method in Paragraph 21.41.060.A.3 of this Section. The average slope of each section is then used in proportion of the section’s area to the total area to determine the average slope of the entire parcel.
3. Contour Measurement Method. Where precise measurement of the average slope is required due to varied slope conditions or complex topography, the following formula will be used:
Average slope (%) = 100(I)(L)/A
Where:
I = Contour interval in feet. Contour intervals shall not exceed 5 feet.
L = Combined length of contour lines measured within the developable area.
A = Developable area of subject parcel (in square feet)
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-5
21.41.070. DETERMINING DEVELOPABLE AREA
The "developable area" of a lot is the area where development shall be allowed to occur. The following excluded areas shall be deducted from developable area:
A. Any area of the lot with natural slopes of 35 percent or greater; B. Any area of the lot within the critical root zones of a compact grouping of 10 or more mature oak trees ("mature" as defined in Chapter 10.01 of this Municipal Code), where critical root zones between trees in the grouping are separated by 10 feet or less; and
C. Any dedication necessary to provide for the full rights-of-way of arterial and/or collector streets, as designated by the Circulation Element of the General Plan, adjacent to and/or within a proposed subdivision, parcel map or lot line adjustment, in accordance with adopted standards for City streets.
21.41.080. DETERMINING DENSITY
A. Residential Density Calculation.
1. General Density Calculation.
a. R-A, R-1, AG, and POS Zoning Districts.
(1) In the R-A, R-1, AG, and POS Zoning Districts, each single-unit dwelling (excluding accessory dwelling units [Chapter 21.58] and urban dwelling unit projects [Chapter
21.65]) counts as 1 density unit.
(2) Site topography lot size limitations and resulting density limitations are outlined in Table 21.33.030-1 (Development Standards for R-A, R-1, and R-1 Combining Districts).
2. Fractional Density.
a. Purpose and Applicability. To encourage smaller units that are affordable by design, the City recognizes fractional density units. Fractional density units do not apply to adopted specific plan areas that are associated with Development Agreements unless specifically amended to allow fractional density.
b. Density Units. Density units differ from dwelling units as a dwelling unit with less than 1,000 square feet of habitable area is counted as less than 1 density unit. The following density unit values apply to all multi-family residential zoning districts (R-2 through R-5), Uptown/Town Centre Specific Plan districts, and in the Mixed-Use (MU) Overlay Zoning District. (1) Studio and 1-bedroom dwelling units 600 square feet or less = 0.50 density unit (2) Studio and 1-bedroom dwelling units 601 to 1,000 square feet = 0.66 density unit (3) 2-bedroom and greater dwelling units and all dwelling units over 1,000 square feet =
1.00 density unit
(4) All dwelling units approved prior to January 1, 2021 shall be counted as 1 density unit.
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-6
c. Calculating Fractional Density.
(1) Fractions. Maximum residential development potential shall be the lot area (in whole and fractional acres), multiplied by the maximum density allowed. The resulting number (in density units, carried out to the nearest one hundredth (0.01) unit) shall be the maximum residential development potential. For example, when a calculation results in a density of 4.74 units, up to 9 units that are less than 600 square feet in size would be permitted; when a calculation results in a density of 4.75 units, up to 10 units less than 600 square feet in size would be permitted. Any combination of dwelling types and numbers may be developed, so long as their combined density unit values do not exceed the maximum residential development potential. (2) Order of Operations. The densities permitted by Paragraph 21.41.080.A.1 (General Density Calculation) of this Section shall be modified based on site topography/slope, then density bonus (if requested by an applicant), prior to any fractional density calculation.
(3) For all regulations other than maximum density, (such as parking requirements, minimum lot size, etc.), regulations shall be based on the number of units, not based on the number of fractional density units.
B. Densities for Residential Care Facilities (General and Assisted Living). See Paragraph 21.69.200.B.1 (Density).
21.41.090. DETERMINING FLOOR AREA
A. Generally. The floor area of a building is the sum of the gross, habitable space of the horizontal areas of all floors of a building or other enclosed structure, measured from the outside perimeter of the exterior walls and/or centerlines of party walls separating such buildings or portions thereof.
B. Excluded from Floor Area: Nonresidential Uses. Net floor area, for the purposes of determining floor area and calculating parking requirements for nonresidential uses, is the sum of the gross horizontal areas of all floors, mezzanines, and lofts of the building, including all enclosed and conditioned areas except the following, which are excluded from floor area:
1. Covered or enclosed stairways, stairwells, and elevator shafts;
2. Mechanical, electrical, and communication equipment rooms that do not exceed 2 percent of the building’s gross floor area;
3. Areas that qualify as usable open space such as balconies and outdoor terraces;
4. Areas normally used for drive-in customer service such as drive-in windows and as pump service areas; and
5. Areas used for off-street parking spaces or loading spaces, driveways, ramps between floors of a multilevel parking garage, and maneuvering aisles that are located below the finished grade of the property.
C. Excluded from Floor Area: Residential. Net floor area for residential uses, for the purposes of determining the maximum allowable size of detached accessory structures, is the sum of the gross horizontal areas of all
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-7
floors, mezzanines, and lofts of the building, including all enclosed and conditioned areas (including attached garages) except the following, which are excluded from floor area:
1. Basements if the top of the finished floor above the basement is less than 2 feet above existing grade.
21.41.100. DETERMINING LOT COVERAGE
A. General. Lot coverage is the ratio of the total footprint area of all structures on a lot to the net lot area, typically expressed as a percentage. The footprints of all principal and accessory structures, including garages, carports, covered patios, and roofed porches shall be summed to calculate lot coverage.
B. Exemptions. Exempted from lot coverage computation are:
1. Unenclosed and unroofed decks, uncovered patio slab, porches, landings, balconies and stairways that are 30 inches or less in height, as measured from the adjacent existing grade; Figure 21.41.100-1: Lot Coverage Exemption for Certain Decks
2. Eaves, roof overhangs, and awnings projecting up to 3 feet from a wall;
3. Swimming pools and hot tubs that are not enclosed in roofed structures or decks over 30 inches in height;
4. Up to 800 square feet of an accessory dwelling unit. Any additional square footage of an accessory dwelling unit shall be included in lot coverage.
21.41.110. DETERMINING PARKING REQUIREMENT
See Subsection 21.48.020.A (Calculation of Required Parking Spaces).
21.41.120. DETERMINING SETBACKS
A. General.
1. Measurement. A setback line is parallel to and at the specified distance from the corresponding front, side, or rear property line.
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-8
2. Unobstructed. Required setbacks shall be unobstructed from the ground to the sky except as allowed by Section 21.41.130 (Projections into Setbacks).
B. Front and Street-Side Setbacks on Private Streets. On private streets, front setback line and street-side setback lines and minimum distance to garage doors are measured from the edge of pavement if no sidewalk exists.
C. Rear Setbacks for Five-Sided Lots. The rear setback on five-sided lots may be measured from either property line that is not contiguous to the front property line.
Figure 21. 41.120-1: Rear Setback for Five-Sided Lots
D. Determination of Front Setback for Flag Lots. The front setback for flag lots shall be measured from that property line adjacent and perpendicular to the driveway/access strip, excluding the driveway/access strip.
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-9
Figure 21.41.120-2: Determination of Front Setback for Flag Lots
21.41.130. PROJECTIONS INTO SETBACKS
A. Allowed Projections into Setbacks. Building projections may encroach into required setbacks according to the standards of Table 21.41.130-1 (Allowed Projections into Required Setbacks), subject to all applicable requirements of the Building Code.
Table 21.41.130-1: Allowed Projections into Setbacks
Projection Front Street Side
Interior
Side Rear Additional Regulations
R-A and R-1 Zoning Districts
Architectural features such
as cornices and eaves
3 ft 3 ft 3 ft 3 ft See Section 21.43
(Awnings, Canopies, and
Patio Covers).
Covered porch over entry 6 ft 3 ft May not
encroach
May not encroach Porches shall be open on 3
sides and the design and
materials shall be
architecturally compatible
with the building.
Uncovered porches, decks, stoops, and outside stairs
All elements 30 inches or
less above ground
elevation
6 ft 6 ft 4 ft May encroach to
within 10 feet of rear
property line
All elements more than 30
inches above ground
elevation
6 ft 6 ft 2 ft May not encroach
Multi-Family Zoning Districts (R-2, R-3, R-4, and R-5) and OP Architectural features such
as cornices, eaves, and
cantilevered balconies
5 ft 3 ft 3 ft May encroach to
within 10 feet of rear
property line
See Section 21.43
(Awnings, Canopies, and
Patio Covers).
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-10
Table 21.41.130-1: Allowed Projections into Setbacks
Projection Front Street Side
Interior
Side Rear Additional Regulations
Covered porch at entry 6 ft 2 ft May not
encroach
May not encroach Porches shall be open on 3
sides.
See Chapter 21.50
(Objective Design
Standards).
Uncovered porches, decks,
stoops, and outside stairs
6 ft 2 ft 2 ft May not encroach
Note: See also Subsection 21.41.130.E (Stormwater Protection Setback) which limits encroachments near a property line.
B. Attached Accessory Structures in R-A and R-1 zoning districts. Attached accessory structures such as patio covers consistent with Subsection 21.42.030.D (Attached Accessory Structures) are allowed to encroach into rear setbacks up to 10 feet from the rear property line in R-A and R-1 Zoning Districts. Any eaves associated with attached accessory structures shall comply with allowed encroachments listed in Table 21.41.130-1 (Allowed Projections into Setbacks).
C. Detached Accessory Structures. Detached accessory structures shall comply with setback requirements listed by zoning district in Article 3 (Zoning Districts, Allowable Uses, and Development Standards). Any eaves associated with detached accessory structures shall comply with allowed encroachments listed in Table 21.41.130-1 (Allowed Projections into Setbacks) and Subsection 21.41.130.E (Stormwater Protection Setback).
D. Mechanical Equipment at Grade. See Paragraph 21.47.020.B.3 (Setbacks).
E. Stormwater Protection Setback. No projection listed in Table 21.41.130-1 (Allowed Projections into Setbacks) may extend closer than 3 feet from a property line or encroach into a public utility easement unless the projection does not slope toward the property line or easement boundary, or a gutter is provided.
In that case, the projection may extend to 1 foot from the property line or to the easement boundary.
F. Conflict with Building Code. Where any allowance of this Title conflicts with applicable building codes, the more restrictive shall apply.
G. Measurement. Projections are measured from the exterior wall of the building to the applicable property line unless otherwise noted.
21.41.140. DETERMINING THE FRONT AND SIDE OF CORNER LOTS A. The narrowest frontage of the corner lot facing the street is the front, irrespective of the direction in which the building faces.
B. The Zoning Administrator shall determine the front of a lot if there is a difference of 5 feet or less between the side and front dimensions.
C. Modification to which property line is the front when the difference in the side and front dimensions are greater than 5 feet may be approved through a Development Plan Modification (Section 21.16.020). In approving such a request, the review authority shall ensure the project observes the appropriate setbacks and meets the rear yard usable space requirements.
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-11
CHAPTER 21.42. ACCESSORY STRUCTURES
21.42.010. PURPOSE AND APPLICABILITY
Regulations applicable to accessory structures are established to ensure that the development and use of accessory structures do not adversely impact abutting properties with respect to drainage, aesthetics, noise, and safety.
21.42.020. PERMIT REQUIREMENTS
The provisions of Chapter 21.15 (Development Review) of this Title shall apply.
21.42.030. DEVELOPMENT STANDARDS
A. General Detached Accessory Structure Standards. The provisions contained in the following sections of Article 3 (Zones, Allowable Uses, and Development Standards) shall apply where specific to detached accessory structures:
1. Section 21.33.030 (Development Standards in Single Family Residential Zoning Districts)
2. Section 21.33.040 (Additional Development Standards in Single-Family Residential Zoning Districts)
3. Section 21.33.050 (Development Standards in Multi-Family Zoning Districts)
4. Section 21.33.060 (Additional Development Standards in Multi-Family Zoning Districts)
5. Section 21.34.030 (Development Standards)
6. Section 21.34.040 (Additional Development Standards in OP Zoning District)
7. Section 21.35.030 (Development Standards)
8. Section 21.35.050 (Additional Development Standards in AG Zoning District) B. Relation to Existing Structures. A detached accessory structure may only be constructed on a lot on which there is a permitted primary structure to which the accessory structure is related.
C. Additional Standards for Awnings, Canopies, and Patio Covers. Patio covers in residential zoning districts are considered attached accessory structures if the eave is located within 1 foot of the primary structure, and are not required to share a common wall or roof structure. See Chapter 21.43 (Awnings, Canopies, and Patio Covers).
CHAPTER 21.43. AWNINGS, CANOPIES, AND PATIO COVERS
21.43.010. PURPOSE AND APPLICABILITY
Regulations applicable to awnings and patio covers as defined in Article 9 (General Definitions) are established to ensure that the development and use of awnings and canopies do not adversely impact abutting properties with respect to aesthetics and projections.
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-12
21.43.020. PERMIT REQUIREMENTS
The provisions of Chapter 21.15 (Development Review) shall apply.
21.43.030. DEVELOPMENT STANDARDS
A. Awnings. Awnings shall comply with the setback encroachment allowances of architectural features such as cornices, eaves, and awnings per Table 21.41.130-1 (Allowed Projections into Setbacks).
B. Attached Patio Covers in Residential Zoning Districts. Attached patio covers consistent with Subsection
21.42.030.C (Attached Accessory Structures) shall comply with the following standards:
1. Open Sides. Attached patio covers shall be open on two or more sides. Patio covers that are open on only one side or enclosed shall comply with the minimum requirements for setbacks associated with the structure.
2. Allowed Encroachments. Attached patio covers shall comply with the setback encroachment allowances described in Section 21.41.130 (Projections into Setbacks), except eaves and cornices of patio covers shall comply with the setback encroachment allowances of architectural features such as eaves and cornices.
3. Lot Coverage. Attached patio covers shall count toward maximum lot coverage requirements.
4. Materials. Attached patio covers shall not use corrugated metal or fiberglass roofing materials except when accessory to a single-family use.
C. Detached Patio Covers and Canopies in Residential Zoning Districts. Detached patio covers and canopies shall comply with the following standards:
1. Location. In all residential zoning districts, canopies and detached patio covers shall not be located within any front yard, street side yard, or driveway.
2. Setbacks. Setbacks for canopies and detached patio covers shall be the same as for detached accessory structures.
3. Height. The maximum height for canopies and detached patio covers shall be no greater than 10 feet.
4. Projections. See Section 21.41.130 (Projections into Setbacks).
5. Number. No residential property shall have more than 3 canopies and/or detached patio covers, regardless of size (small or large, as defined in Section 21.92.030 [“C” Definitions]).
6. Lot Coverage. Canopies and detached patio covers shall count toward maximum lot coverage requirements.
7. Materials. Reflective or mirrored type covering material shall be prohibited on canopies and detached patio covers.
8. Repair and Maintenance. Canopies, canopy structures, and detached patio covers shall be maintained in good condition. Any structure considered to be in disrepair, as determined by the Zoning Administrator, shall be repaired, replaced, or removed from the site.
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-13
9. Small Canopies.
a. The length on any one side of a small canopy, as defined in Section 21.92.030, shall not exceed 12 feet.
b. Small canopies are not required to comply with maximum cumulative gross floor area requirements of detached accessory structures (Paragraph 21.33.040.C.1.a and Paragraph
21.33.060.C.1.a).
10. Large Canopies. Large canopies, as defined in Section 21.92.030, shall comply with maximum cumulative gross floor area requirements of detached accessory structures (Paragraph
21.33.040.C.1.a and Paragraph 21.33.060.C.1.a).
11. Modifications.
a. Large Canopies and Detached Patio Covers. Modifications to standards for canopies or detached patio covers that are larger than 120 square feet may be approved through a Development Plan Modification (Section 21.16.020). In approving such a request, the review authority shall consider impacts on the views, privacy, and other concerns of abutting property owners, and make the required findings (Subsection 21.16.020.D). b. Small Canopies and Detached Patio Covers. Modifications to standards for canopies or detached patio covers that are 120 square feet or smaller may be approved through a Site Plan Modification (Section 21.16.020). In approving such a request, the review authority shall consider impacts on the views, privacy, and other concerns of abutting property owners, and make the required findings (Subsection 21.17.020.C).
12. Modifications for Shelters for Recreational Vehicles, Boats, Campers, Travel Trailers, or Similar Recreational Vehicles.
a. An application for a Development Plan Modification (Section 21.16.020) shall be required for any canopy, carport, or similar shelter to be used for recreational vehicles, boats, campers, travel trailers, or similar vehicles, but specifically excluding automobiles, trucks, motorcycles, all-terrain vehicles, and nontravel trailers, proposed to be placed:
(1) Within the interior side setback and rear setback (not allowed within the front setback and street side setback), or
(2) Within the structure separations prescribed in Subsections 21.33.040.B or
21.33.060.D.
b. In approving such a request, the Planning Commission shall consider impacts on the views, privacy, and other concerns of abutting property owners, make the required findings (Subsection 21.16.020.D), and find that:
(1) All of the materials used in the construction of the shelter are noncombustible (such as steel or aluminum).
(2) The shelter structure is open on all four sides to prevent gasoline or other fuel fumes from collecting to a point where a heater or refrigerator pilot in the vehicle might ignite them.
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-14
(3) The shelter structure does not exceed 14 feet in height as measured from the top of floor to the ridge or highest point of the roof.
(4) The shelter structure shall not be used for conducting maintenance on the vehicle (such as overhaul, draining of fluids, tune-ups or other mechanical work).
CHAPTER 21.44. FENCES, WALLS, AND HEDGES
21.44.010. PURPOSE AND APPLICABILITY
The purpose of these regulations is to achieve a balance between concerns for privacy and public concerns for enhancement of the community appearance, visual image of the streetscape, and overall character of neighborhoods. These regulations apply to any type of visible or tangible obstruction that has the effect of forming a physical or visual barrier between properties or between property lines and the public right-of-way, including, but not limited to, any type of artificially constructed barriers of wood, metal, or concrete posts connected by boards, rails, panels, wire, or mesh, and any type of natural growth such as hedges and screen plantings.
21.44.020. PERMIT REQUIREMENTS
The provisions of Table 21.15.030-1 (Review Authority for Development Review) in Chapter 21.15 (Development Review) of this Title shall apply.
21.44.030. DEVELOPMENT STANDARDS
A. General. Fences (including masonry walls, hedges, and screen plantings) shall be subject to the following regulations:
1. Front Yard. Fences in the front yard (between the front property line and the nearest line of a primary building) shall not exceed 3 feet in height except in the following cases:
a. Modifications - Residential and Office Professional Uses. Modification to the front yard fence height requirement for residential and office professional uses may be modified through a Site Plan Modification (Section 21.17.020) to allow for a fence in the front yard up to 4 feet in height, provided that the fence shall be constructed in a manner to allow reasonable visibility through it. In approving such a request, the review authority shall make the findings required for a Site Plan Modification (Subsection 21.17.020.C).
b. Modifications - Commercial and Industrial Uses.
(1) Six Feet. Modification to the front yard fence height requirement for commercial and industrial uses may be allowed through a Site Plan Modification (Section 21.17.020) to allow for a fence in the front yard up to 6 feet in height. (2) Eight Feet. Modification to the front yard fence height requirement for commercial and industrial uses may be allowed through a Development Plan Modification (Section 21.16.020) to allow for a fence up to 8 feet high. (3) Findings. In approving such a request, the review authority shall make the applicable findings required for a Site Plan Modification (Subsection 21.17.020.C) or Development Plan Modification (21.16.020.D) as well as the following:
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-15
(a) The fence is constructed in a manner to allow reasonable visibility through it and (b) The fence is constructed with decorative material, such as ornamental metal, masonry wall with a stucco finish, or similar.
2. Side and Rear Yard. Fences located in the side yard (between a primary building and side property line not including the front yard) and rear yard (between a primary building and the rear property line) shall not exceed 6 feet in height except in the following cases:
a. Residential and Office Professional Uses. Modification to the side and/or rear yard fence height requirement for residential and office professional uses may be allowed through a Development Plan Modification (Section 21.16.020) for a fence up to 8 feet high in those side and rear setbacks that abut commercial and/or industrial uses. b. Commercial and Industrial Uses. Modification to the side and/or rear yard fence height requirement for commercial and industrial uses may be allowed through a Development Plan Modification (Section 21.16.020) for a fence up to 8 feet in height in a side and/or rear yard. c. Findings. In approving such a request, the review authority shall make the findings required for a Development Plan Modification (Subsection 21.16.020.D).
3. Outdoor Storage Areas. Refer to Subsection 21.69.170.C (Outdoor Storage Areas).
4. Fences Atop Retaining Walls. Where a fence is placed on top of, or is an integral part of, a retaining wall, the height of a fence shall be measured from the higher of the finished grades on either side of the retaining wall.
5. Fence Material Limitations. In residential zoning districts, barbed wire and electric fences may only be used on properties zoned for single-family use (for example, R-1 or R-A) that are at least one-half acre in area or larger. In residential zoning districts, razor wire may not be used for fencing.
6. Retaining Wall Heights. See Section 21.81.040 (Hillside Development Standards) for additional restrictions on retaining wall heights.
7. Driver’s Visibility. Fences shall be constructed so as to not interfere with traffic safety sight areas or public safety consistent with Chapter 21.55 (Visibility at Intersections).
B. Fence Restrictions in R-1 Zoning District: Reverse Corner Lots.
1. Fence Height. Where the street side yard of a reversed corner lot fronts onto a local street, no fence higher than 3 feet shall be placed in the street side yard.
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-16
Figure 21.44.030-1 Fence Restrictions in R-1 Zoning District
2. Modification. Modification to the fence height requirement may be allowed through a Site Plan Modification (Section 21.17.020) for a fence height not to exceed 4 feet. In approving such a request, the review authority shall make the findings required for a Site Plan Modification (Subsection 21.17.020.C) and find that it can be demonstrated that such a height will not impair the sight distance of vehicles on the street or on the driveway of the lot to the rear of a reversed corner lot.
C. Nonconforming Fences. See Section 21.78.020 (Nonconformities Regarding Fences).
CHAPTER 21.45. LANDSCAPING AND OPEN SPACE
21.45.010. PURPOSE AND APPLICABILITY
A. Purpose.
1. To establish a framework to review landscape and irrigation plans consistently and improve the physical appearance of the City by providing visual and ecological relief in the urban environment;
2. To establish minimum landscape development standards for the design, provision, and maintenance of landscaped areas, and encourage irrigation methods and suggested plant species to develop a measure of uniformity and quality in overall landscaping design; and
3. To promote the value and long-term benefits of landscapes to provide an attractive living, working and recreating environment, while recognizing the need to invest water and other resources as efficiently as possible.
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-17
B. Applicability. The requirements within this Chapter apply to new construction and rehabilitated landscapes for commercial, industrial, and residential projects.
21.45.020. GENERAL PROVISIONS
A. Required Landscape Planting Areas.
1. Landscaping in Setbacks.
a. R-1 Zoning Districts. All front yard areas shall be landscaped. b. All other Zoning Districts. Outside the R-1 Zoning District, all visible yards shall be landscaped.
2. Unused Areas. All areas of a building site not identified on a site plan intended for a specific use or purpose, except where enclosed and blocked from the view of public streets by solid fencing and/or buildings, shall be landscaped.
3. Parking Areas. Parking areas shall be landscaped in compliance with Chapter 21.48 (Parking and Loading Regulations).
B. Landscaping Materials.
1. Live Plant Requirement. A minimum of 30 percent of required landscaped area shall be covered with live plant materials at maturity.
2. Mixture of Plant Materials. Landscaping shall consist of combinations of trees, shrubs, and ground covers with careful consideration given to eventual size and spread, susceptibility to disease and pests, durability, and adaptability to existing soil and climatic conditions.
3. Natural Turf Limitations. See Section 21.56.030 (Turf Limitations for New Construction and Rehabilitated Landscapes).
4. Non-Plant Materials. The following may be used to meet the minimum required landscape planting areas (Subsection 21.45.020.A) but shall not be used to meet the minimum live plant area required by Paragraph 21.45.020.B.1 unless otherwise allowed by a Site Plan Modification or Development Plan Modification (Subsection 21.45.020.H):
a. Pervious Materials. Non-plant materials such cinder, bark, gravel, and similar materials. b. Hardscape. Embellished pavement, fountains, and similar hardscape.
C. Maintenance. Landscaping shall be maintained in an orderly and healthy condition in compliance with this Chapter. This includes proper pruning, staking, sowing of lawns, weeding, removal of litter, fertilizing, monitoring for pests and disease, replacement of plants when necessary, and regular watering.
D. Driver’s Visibility. Trees and shrubs shall be planted and maintained so that at maturity they do not interfere with traffic safety sight areas or public safety. Notwithstanding other provisions of this Section, landscaping shall comply with Chapter 21.55 (Visibility at Intersections).
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-18
E. Residential Open Space Areas.
1. Location. Required common and private residential open space may be located on the ground, on terraces, or on rooftops, shall be landscaped or developed for active or passive recreation and may include roofed recreation areas, swimming pools, or unenclosed porches where not otherwise prohibited.
2. Minimum Dimensions. Private open space shall have a minimum dimension of 8 feet at the ground floor and 5 feet if located on the second story or above. Shared open space shall have no minimum horizontal dimension less than 15 feet.
3. Usability. Open space should be designed with the functional use as the primary goal, not as left over or awkwardly designed space.
F. Oak Tree Preservation and Street Trees. Oak tree preservation and street tree requirements shall be as required by Title 10 of this Municipal Code.
G. Hillside Landscaping. See Paragraph 21.81.040.D.5 (Landscaping).
H. Landscape Modifications. Designs, materials, or methods of installation not specifically prescribed by this Chapter may be approved by the review authority through a Site Plan Modification (Section 21.17.020). In approving such a request, the review authority shall find, in addition to the findings associated with a Site Plan Modification (Subsection 21.17.020.C), that the proposed design, material, or method provides approximate equivalence to the specific requirements of this Chapter or is otherwise satisfactory and complies with the intent of these provisions.
I. Nonconforming Landscaping. See Section 21.78.030 (Nonconforming Landscaping).
21.45.030. WATER EFFICIENT LANDSCAPING
See Chapter 21.56 (Water Efficient Landscaping) for water efficient landscaping requirements.
CHAPTER 21.46. RESERVED
CHAPTER 21.47. MECHANICAL EQUIPMENT AND SCREENING
21.47.010. PURPOSE AND APPLICABILITY
A. Purpose. For the purposes of this Chapter, mechanical equipment shall include machines and devices, including backflow devices, HVAC units, fans, vents, generators, and elevator motors integral to the regular operation of climate control, electrical, plumbing, and similar building systems.
B. Applicability. The standards of this Chapter apply to:
1. New development;
2. New equipment that is added to serve existing buildings; and
3. Condominium conversions.
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-19
21.47.020. GENERAL PROVISIONS
A. General Screening. All exterior mechanical equipment shall be screened or incorporated into the design of buildings so as not to be visible from the public right-of-way, highways, passenger railways, or abutting residential zoning districts.
B. Location. Exterior mechanical equipment shall be screened to the height of the particular piece of equipment, as follows:
1. Roof-Mounted Equipment. Mechanical equipment may be mounted on roofs, provided the equipment is concealed from view from adjacent at-grade public streets with solid architectural features that are integrated into the overall architectural design, such as a roof well or parapet wall. a. Exception. For detached single-family residences (and accessory dwelling units), airconditioning and evaporative cooling systems shall not be mounted on the roof.
2. Equipment at Grade. When located on the ground adjacent to a building, mechanical equipment shall be:
a. Located behind the front face of the building unless determined to be infeasible by the City Utilities and Emergency Services Departments; and
b. Screened by landscaping or an architecturally compatible screen or a combination of materials from the view of the street or surrounding properties.
(1) A mechanical equipment screen shall fully block the view of the equipment with structural/architectural materials that match the architectural style and materials of the adjacent structure.
(2) When landscaping is used, proposed plant materials shall have the capability of achieving 60 percent of total view blockage within 18 months of planting, and 100 percent of total view blockage within 3 years of planting. (3) Backflow devices shall utilize a combination of fencing and landscape screening unless determined to be infeasible by the City Utilities and Emergency Services Departments.
3. Setbacks. Mechanical equipment may be located within required setbacks, provided Building Code requirements are met.
C. Height Limit Projection. Roof-mounted equipment and related architectural screening that exceed maximum height limits are subject to the provisions of Table 21.41.040-1 (Allowed Projections Above Height Limits) in Paragraph 21.41.040.A.2.
D. Screening Modifications. Modifications to the provisions of this Chapter may be allowed through a Site Plan Modification (Section 21.17.020). In approving such a request, the review authority shall find, in addition to the findings associated with a Site Plan Modification (Subsection 21.17.020.C), that screening is infeasible due to health and safety, structural limitations, or utility requirements.
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-20
CHAPTER 21.48. PARKING AND LOADING REGULATIONS
21.48.010. PURPOSE AND APPLICABILITY
A. Purpose. The purpose of this Chapter is to:
1. Require parking spaces and loading spaces for all land uses that are sufficient in number, size, and arrangement;
2. Minimize the negative environmental and urban design impacts of parking lots, driveways, and drive aisles within parking lots;
3. Establish standards and regulations for safe and well-designed parking, unloading, and vehicle circulation areas that minimize conflicts within parking lots and, where appropriate, create buffers from surrounding land uses;
4. Offer flexible means of minimizing the amount of area devoted to parking by allowing reductions in the number of required spaces in transit-served locations, shared parking facilities, and other situations expected to have lower vehicle parking demand; and
5. Reduce urban run-off and heat island effect.
B. Applicability.
1. New Buildings/Uses. At the time of erection of any building or structure, off-street parking spaces associated with the building’s use, with adequate and proper provision for ingress and egress by standard size automobiles shall be provided.
2. Reconstruction, Expansion, and Change in Use of Existing Buildings. a. Nonresidential. When a change in use, expansion of a use, or expansion of floor area creates an increase of 20 percent or more in the number of required on-site parking or loading spaces, on-site parking and loading shall be provided according to the provisions of this Chapter. b. Residential. When any building is remodeled, reconstructed, or changed in use by the addition of dwelling units, such additional garage or parking facilities as may be required must be provided, except for accessory dwelling units pursuant to Chapter 21.58 (Accessory Dwelling Units) or urban dwelling unit projects pursuant to Chapter 21.65 (Urban Dwelling Units). c. General.
(1) Existing parking shall be maintained, and additional parking shall be required only for such addition, enlargement, or change in use and not for the entire building or site. (2) If the number of existing parking spaces is greater than the requirements for such use, the number of spaces in excess of the prescribed minimum may be counted toward meeting the parking requirements for the addition, enlargement, or change in use.
(3) A change in occupancy is not considered a change in use unless the new occupant is in a different land use classification than the former occupant pursuant to Table
21.32-1 (Zoning District Use Regulations).
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-21
3. Parking Provisions of Uptown/Town Center Specific Plan. Buildings or land uses within the boundaries of the Uptown/Town Center Specific Plan are subject to the parking requirements of said specific plan.
4. Nonconforming Parking. See Section 21.78.010 (Nonconforming Parking).
21.48.020. GENERAL PROVISIONS
A. Calculation of Required Parking Spaces.
1. Area—Based Standards.
a. Area-based parking space ratios shall be computed based on floor area in square feet. Floor area shall be calculated in compliance with Section 21.41.090 (Determining Floor Area). b. The Zoning Administrator is authorized to determine the area measurement for uses or portions of uses not located within buildings or structures.
2. Bedroom-Based Standards. Where a parking requirement is stated as a ratio of parking spaces to bedrooms, any rooms having the potential of being a bedroom and meeting the standards of the Building Code as a sleeping room shall be counted as a bedroom.
3. Vehicle Service and Repair Standards. For vehicle services and repair uses, floor area shall include all onsite structures, including office and lobby space, garages, and automotive service bays.
4. Multiple Uses.
a. Multiple Uses. When two or more uses are located on the same lot or within the same building or structure, the required parking for each use shall be calculated separately. The number of on-site parking spaces required shall be the sum total of the requirements for the individual uses, unless as otherwise provided for by this Chapter. b. Mixed Functions. Where a building occupied by a single use contains several functions, such as sales, office, and storage areas, parking shall be as required for the principal use for the floor area (calculated consistent with Subsection 21.41.090.B); except that when storage areas are larger 2,000 square feet, the parking requirement is to be determined separately for those areas, as specified for warehouse, wholesale, and distribution.
B. Spaces for Handicapped. Handicapped spaces shall be provided as required by State statute.
C. General Requirements.
1. Accessibility. Parking and loading areas shall be accessible for its intended purpose during all hours of operation.
2. Parking Charge. The parking of motor vehicles shall be without monetary charge when such parking is required in conjunction with uses permitted by this Chapter.
3. Storage of Vehicles Prohibited. The parking facilities required by this Chapter shall be only for the temporary parking of vehicles used in conjunction with the uses they serve. This Chapter does not apply where vehicle storage is permissible as a primary or accessory land use.
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-22
21.48.030. REQUIRED PARKING SPACES
A. Parking Space Requirements. The number of required spaces for land uses are as set forth in Table
21.48.030-1 (Off-Street Parking Spaces Required). These provisions are established as the maximum number of parking spaces required. Where specific parking requirements are not listed, an interpretation of parking impacts and spaces needed based on a similar use may be determined by the Director.
Table 21.48.030-1
Off-Street Parking Spaces Required
Type of Land Use Number of Off-street Parking Spaces
Residential Uses As specified below
Single Family 2 covered spaces per residence
Multi-Family • 1 space per studio or 1 bedroom unit less than 600 square feet; 1.5 spaces per studio or 1 bedroom unit greater than 600 square feet
• 2 space per 2 or more bedrooms
• 1 guest space per 5 units
Caretaker Unit 1 per unit
Residential Care Facilities
General 1 per every 5 beds
Limited None beyond the parking required for other residential uses of the same type.
Assisted Living 1 per every 5 beds
Supportive Housing None beyond the parking required for other residential uses of the same type.
Transitional Housing None beyond the parking required for other residential uses of the same type.
Commercial and Service Uses
All, except as specified below 3 spaces per 1,000 square feet of floor area, except as specified below Medical Services, Doctor Office
(Free-standing)
4 per 1,000 square feet of floor area
Assembly Facility
General (Large) Assembly uses with floor areas 3,000 square feet or larger: 10 per 1,000 square feet in the assembly seating area General (Small)
Religious
Restaurants
(Free-standing) 5 per 1,000 square feet of floor area Restaurants – Drive-through (Free-standing)
Hotels/Motels • 1 space per guest room;
• 1 employee space per 15 rooms; and
• Parking for accessory uses open to public (for example, restaurant, conference rooms: see specific parking requirement per use and reduce parking requirement for each accessory use by 30%)
Recreational Vehicle Parks As determined through PD/CUP process Bed and Breakfast 2 spaces for manager/residents, and 1 per guest room Vehicle Fuel Sales and Accessory
Service
2 spaces plus any additional spaces for ancillary uses such as a mini-mart or auto repair
Car Wash
4 per 1,000 square feet of floor area Vehicle Services and Repair – Major Repair/Body Work
Vehicle Services and Repair –
Minor Repair/Maintenance
Industrial Uses
Warehouse, Wholesale, and
Distribution
1 per 1,000 square feet of floor area
Wine Storage: 1 per 5,000 square feet of floor area
Self Storage Facility 2 spaces plus 1 space per 30 storage units and as required for any caretaker unit
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-23
Table 21.48.030-1
Off-Street Parking Spaces Required
Type of Land Use Number of Off-street Parking Spaces
Manufacturing 1 per 500 square feet of floor area
Wineries, Breweries, and Distilleries 1 per 1,000 square feet of floor area
21.48.040. PARKING REDUCTIONS AND MODIFICATIONS
A. Mixed-Use Parking Standards. In a mixed-use development (residential and non-residential uses within the same building or on the same parcel), 66 percent of the parking spaces required for commercial use may be used to meet the parking requirement for residential use.
B. Joint Use Parking Standards. When a primarily weekday and daytime use (for example, office, daycare center) is located within 300 feet of a primarily weekend or nighttime use (for example, assembly facility), up to 66 percent of the parking spaces for the daytime use may be used to meet the parking requirement for the nighttime use. The reverse is also true: up to 66 percent of the parking spaces for a night time use may be used to satisfy the parking requirement for the daytime use subject to the following conditions:
1. The applicant shall demonstrate to the satisfaction of the review authority that there is no substantial conflict in the principal operating hours of the buildings or uses for which the joint use of off-street parking facilities is proposed.
2. Parties concerned in the joint use of off-street parking facilities shall enter into a legally binding agreement for such joint use. The agreement, when approved as conforming to the provisions of this Chapter, shall be recorded in the Office of the County Recorder and copies filed with the City.
The minimum term for such an agreement shall be 15 years.
C. Historic Resources. A reduction in parking requirements may be permitted as an historic preservation incentive per Subsection 21.62.090.B (Parking Requirement Reduction).
D. Major Parking Modifications. The number of required parking spaces for any use may be reduced by up to 20 percent through a Development Plan Modification (Section 21.16.020) as follows:
1. Criteria for Approval. A Development Plan Modification for a parking reduction may be approved if the review authority finds, in addition to the findings associated with a Development Plan Modification (Subsection 21.16.020.D) that special conditions exist that will reduce parking demand at the site. Special conditions might include, but are not limited to, the nature of the proposed operation; proximity to frequent transit service; transportation characteristics of persons residing, working, or visiting the site; or because the applicant has undertaken a transportation demand management program.
2. Parking Demand Study. In order to evaluate a proposed project’s compliance with the above criteria, submittal of a parking demand study prepared by a licensed Traffic Engineer, or as approved by the City Engineer, that substantiates the basis for granting a parking reduction shall be required.
3. Exception. This Subsection allowing for a reduction in parking shall not be used for any of the following:
a. Any use located within the Uptown/Town Center Specific Plan area; b. Any residential use (excepting an age-restricted development); or
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-24
c. Any hotel or motel.
E. Minor Parking Modifications. Modifications to specific parking standards may be approved through a Site Plan Modification (Section 21.17.020) as follows:
1. Tandem Parking. Tandem parking may be allowed through a Site Plan Modification. In approving a request for tandem parking, the review authority shall find, in addition to the findings associated with a Site Plan Modification (Subsection 21.17.020.C), that tandem parking is appropriate for the specified use and site.
21.48.050. OFF-SITE PARKING
A. Provisions for Off-Site Parking. Parking facilities shall be located on the lot on which the principal land use is located unless such spaces cannot reasonably be located on such lot. In such a case, parking spaces may be located on any land within 300 feet of the property with the principal land use; provided, that the following conditions are met:
1. A legally binding written agreement between the owner of the property with the parking spaces and the principal land user assuring the retention of the parking spaces for the principal use shall be properly drawn and executed by the parties concerned, approved as to form by the City Attorney and shall be recorded in the Office of the County Recorder and copies filed with the City prior to issuance of a Building Permit or Certificate of Occupancy for the principal use. The term of such an agreement shall be a minimum of 15 years.
2. The principal use shall be permitted to continue only as long as its parking requirements are met.
21.48.060. BICYCLE PARKING
A. Multi-family development with 10 or more units shall provide a minimum of 2 bicycle rack spaces for every 10 units on site.
B. Non-residential development projects shall provide a minimum of 2 bicycle rack spaces for each 20,000 square feet of gross floor area. In addition, for sites with 50,000 square feet of gross floor area, 2 secured locker bike parking facilities shall be provided for each increment of 50,000 square feet of gross floor area.
C. For parking lots that require 20 or more parking spaces, a 5 percent reduction in parking spaces shall be allowed in exchange for providing 4 bike rack spaces.
21.48.070. MOTORCYCLE PARKING
One motorcycle parking space shall be provided for each 20 vehicle spaces required. Motorcycle spaces shall be a minimum of 6 feet wide and 10 feet long. Projects that provide more motorcycle spaces than required may reduce the required car spaces at the rate of 1 car space for each 5 additional motorcycle spaces.
21.48.080. PARKING FOR ELECTRIC VEHICLES
A. Parking spaces for electric vehicles shall be provided for all new developments in accordance with the requirements of the CalGreen Building Standards Code and/or successor code and local City codes,
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-25
whichever yields the greater number of spaces. These dedicated parking spaces shall count toward the minimum required parking spaces for the associated use.
B. All electric vehicle spaces shall be equipped with electric vehicle charging equipment as set forth in the CalGreen Building Standards Code and/or successor code and local City codes the use of which the property owner or operator may require payment at his or her discretion.
C. Any charging or similar equipment shall not be placed within the required parking space dimensions and shall not obstruct any pedestrian path of travel.
21.48.090. PARKING FOR STORAGE OF COMMERCIAL VEHICLES, RECREATIONAL
VEHICLES, AND BOATS
The parking and storage of commercial and recreational vehicles (including recreational vehicles, boats, campers, trailers, farm equipment, or similar) as an accessory use on private property is subject to the following standards.
A. Commercial Vehicles and Equipment. See Municipal Code Chapter 12.38 (Parking Restrictions) and Chapter 21.69.170.C (Outdoor Storage Areas).
B. Recreational Vehicles and Boats.
1. Public Streets. See Municipal Code Chapter 12.38 (Parking Restrictions).
2. Paving and Surfacing. Recreational vehicles shall be stored on a permanent surface listed in Subparagraph 21.48.100.D.2.a.
3. Dwelling Use Prohibited. No recreational vehicle or tiny home on wheels shall be used for dwelling purposes on any site for any amount of time with the following exceptions:
a. Within a permitted Recreational Vehicle Park; or
b. Subject to approval of a Temporary Use Permit (see Chapter 21.20), a recreational vehicle may be used as caretaker residences in commercial and industrial districts for temporary events such as pumpkin or Christmas trees sales or on the site of a construction project with an approved and active building permit provided that the recreational vehicle be removed within 7 days of the end of the temporary event or before final occupancy for a construction project.
4. Fluid Collection Systems. Drip pans or other fluid collection systems shall be used on any recreational vehicle that shows evidence of leaky fluids.
21.48.100. PARKING AREA DESIGN AND DEVELOPMENT STANDARDS A. Parking Space Minimum Dimensions.
1. General. Parking spaces shall be designed in compliance with the provisions in Table 21.48.100-1.
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-26
Table 21.48.100-1
Parking Space Standards
Type of Parking Space Width Length
Standard
Covered spaces (for example, garage or carport) 10 feet 20 feet Uncovered spaces 9 feet 18 feet
Compact 8 feet 16 feet
Parallel spaces 8 feet 22 feet
Accessible Compliant with the California Building Code
2. Compact Spaces. Compact spaces may be provided for up to 30 percent of required spaces.
3. Measurement.
a. The width of enclosed parking spaces may be measured from the outer wall of a garage or the outer edge of a support post for a carport. Garage door openings shall be at least 8 feet in width for a one-car opening and 16 feet for a two-car opening. b. A two-foot overhang for bumpers is permitted into landscaping or walkways provided that wheel stops are provided and minimum widths for disabled access are maintained.
B. Parking Lot Design.
1. Maneuvering Aisle Minimum Dimensions. Parking drive aisles shall be designed in compliance with the provisions in Table 21.48.100-2 and with Fire Department standards including for truck turning radii and turnarounds.
Table 21.48.100-2
Parking Lot Aisle Standards
Parking
Angle
Stall Depth
Minimum Aisle Width Traffic Direction
Parallel 22 feet 12 feet One Way
22 feet 20 feet Two Way
30 16 feet 4 inches 12 feet One Way
45 18 feet 9 inches 14 feet One Way
60 19 feet 10 inches 18 feet One Way
90 18 feet 24 feet Two Way
2. Slope. Parking spaces shall not have front-to-back or side-to-side grades that exceed 5 percent slope.
3. Parking area surface materials.
a. General. Parking area surface materials shall minimize impervious surfaces and be constructed from permanent materials such as asphalt, porous asphalt, concrete, porous concrete, pavers, or turf block. Decomposed granite is not considered a permanent surface. b. Modifications for Residential Uses. On residential lots larger than 1 acre, non-permanent parking area materials such as gravel, roadbase, or other suitable materials may be allowed through approval of a Site Plan Modification (Section 21.17.020). In approving such a request,
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-27
the review authority shall make the findings required for a Site Plan Modification (Subsection
21.17.020.C), and all of the following findings:
(1) The parking surface is compacted to resemble a paved surface, located in the rear half of the lot and/or located behind the primary structure, and accompanied by adequate landscape screening, and
(2) Adequate mechanisms are installed and maintained to prevent track out of nonpermanent parking area materials from tires before reaching any public right-of-way. c. Modifications for Nonresidential Uses. Non-permanent parking area materials such as gravel, roadbase, or other suitable materials may be allowed through approval of a Development Plan Modification (Section 21.16.020). In approving such a request, the review authority shall make the findings required for a Development Plan Modification (Subsection
21.16.020.D), and all of the following findings:
(1) The parking spaces are overflow parking spaces provided above the required number of parking spaces; and
(2) Adequate mechanisms are installed and maintained to prevent track out of nonpermanent parking surface materials from tires before reaching any public right-ofway.
3. Location in Setbacks and Required Screening. Required parking spaces may be located in required setbacks in all zoning districts. Parking areas located in setbacks shall provide a landscape buffer of 10 feet between the front property line and the parking area, 5 feet between a street side property line and the parking area, and 3 feet between an interior (side or rear) property line and the parking area.
4. Drainage.
a. Parking area drainage shall be designed in compliance with City stormwater control and drainage requirements.
b. Parking lots shall include perimeter curbing. Flat edge curbing is acceptable if wheel stops are provided.
5. Backing Out onto Arterials. Parking areas and driveways on an arterial or greater road as designated in the Circulation Element of the General Plan shall be designed so that vehicles do not back out of parking spaces directly onto the street or highway, unless determined to be infeasible by the City Engineer.
6. One-Way Signs. Directional signs shall be installed for one-way driveways and ramps to indicate one-way circulation.
7. Maintenance. Parking areas, driveways, maneuvering aisles, ramps, and turnaround areas shall be kept free of obstructions at all times.
8. Wheel Stops. Wheel stops shall be installed for parking spaces at least 2 feet from any adjacent walkway, sidewalk, street, or alley.
9. Access. The location and design of all street or alley entrances and exits to off-street parking facilities shall be designed in accordance with City Engineering Standards.
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-28
10. Striping. All parking spaces shall be striped in a manner clearly showing the layout of the spaces.
11. Screening. Parking lots with 6 or more parking spaces shall be screened from view from any adjacent residentially zoned or developed property on all sides of the parking lot. Screening materials may include solid opaque fencing (excluding chain link with slats), masonry, or earth berms in combination with landscaping and shall be at least 5 feet in height, and not more than 6 feet in height, either for fence or walls and/or combination of fencing and walls and earth berm.
12. Temporary Parking. The parking facilities required by this Chapter shall be for the temporary parking of vehicles used in conjunction with the uses they serve. For long-term storage of vehicles, see Subsection 21.69.170.C (Outdoor Storage Areas).
C. Landscaping.
1. In addition to the landscaping required by Subsection 21.45.020.A, 8 square feet of landscape area shall be provided for every parking space in parking lots with 6 or more spaces. Emphasis shall be given to shade tree installation to inhibit heat buildup in parking areas. In parking areas with 20 or more cars, the design shall demonstrate a minimum of 25 percent shade cover within 5 years through selection of shade tree species.
2. Design of landscaping for parking areas in all zoning districts (except for one single-family residence) is subject to Development Review Committee approval.
3. Landscape areas shall be designed to function as bioretention areas designed to filter, store and infiltrate storm water, utilizing mulch, soil and plant root systems, to retain, degrade and absorb pollutants. These can include bioretention swales, rain gardens or storm water planters. The use of an engineered soil mix and appropriate vegetation is important to facilitate bioretention functions.
Where infiltration into underlying native soils is not appropriate, a perforated underdrain can convey treated runoff to a storm drain or surface drainage.
D. Off-street Parking, Driveways and Vehicle Storage.
1. Single-Family Residential Development.
a. General. All uses shall provide off-street parking spaces and facilities as required by Section
21.48.030 (Required Parking Spaces). The number and location of all driveways shall be subject to approval of the City Engineer.
b. Landscaped Setback. Driveways parallel to a street (such as circular driveways and hammerhead turnarounds) shall be designed to provide a minimum 10-foot-wide maintained landscaped setback between the street right-of-way and the parallel edge of the driveway closest to the street right-of-way.
c. Parking Location. No automobile, truck, motorcycle, recreational vehicle, boat, camper, trailer, farm equipment or similar vehicle, materials or equipment shall be parked or stored between a dwelling and the street except on paved driveways. d. Paved Area. Except for lots with circular drives, pavement of the front yard shall be limited to 50 percent of the front yard. On corner lots, pavement of the street side yard shall be limited to 10 percent of the street side yard unless the garage/carport is accessed via the side street. In such a case, pavement of the street side yard may be increased to provide direct access to the garage/carport. Pavement in front and street side yard areas shall not exceed what is
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-29
necessary to access off-street parking facilities. The balance of all areas between the main building and each street frontage shall be landscaped and maintained in a neat and orderly manner.
e. Parking Space Slope for Single Family Residential Uses. (1) General. Where provided, off-street parking spaces created in front of a garage door shall comply with Paragraph 21.48.100.D.1 (Slope).
(2) Modification. Parking space slope may be modified through a Site Plan Modification (Section 21.17.020) to allow parking spaces on slopes of up to 15 percent. In approving such a request, the review authority shall make the findings required for a Site Plan Modification (Subsection 21.17.020.C). and find that the creation of the parking spaces would otherwise necessitate extensive grading.
2. Multi-Family Residential Development.
a. General. All uses shall provide off-street parking spaces, drives and facilities as required by Section 21.48.030 (Required Parking Spaces).
b. Landscaped Setback. Driveways parallel to a street (such as circular driveways and hammerhead turnarounds) shall be designed to provide a minimum ten-foot-wide landscaped setback between the street right-of-way and the parallel edge of the driveway closest to such street right-of-way.
c. Screening. Parking lots located between public streets and multi-family dwellings shall be screened with either a three-foot-high decorative masonry wall or a three-foot-high landscaped earthen berm.
d. Parking Location. Parking and storage for automobiles, trucks, motorcycles, recreational vehicles, boats, campers, trailers, farm equipment or similar vehicles or equipment shall only be parked or stored on paved parking spaces designated for residential units and may not be parked or stored in parking spaces designated for visitors.
E. Maintenance of Parking Facilities.
1. All parking areas shall be kept clean and free of dust, mud, and trash. Parking areas shall be used only for the purpose of parking vehicles. Where landscaping is provided within or along parking areas, adequate irrigation and maintenance shall be provided.
2. Striping, marking, directional signs, lighting, screening and all other improvements required by this Chapter shall be adequately maintained.
21.48.110. DRIVEWAY STANDARDS
A. Generally. The following standards are applicable to all driveways.
1. Minimum width.
a. Driveways serving 4 or fewer residential dwelling units shall have a minimum width of 12 feet. (Exception: Accessory dwelling units developed in accordance with Chapter 21.58 [Accessory Dwelling Units] shall not be included in this calculation.)
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-30
b. Driveways serving 5 or more residential dwelling units or a non-residential development shall have a minimum width of 24 feet.
2. Minimum Back-Up Distance. The minimum back-up distance between a detached garage or carport shall be 24 feet to a sidewalk or side or rear property line. Garages and carports that back up to a paved alley may include the 20-foot-wide alley in back up distance measurement.
3. Vertical Clearance. Driveways shall have a minimum vertical clearance of 13 feet 6 inches.
4. Long Driveways. Driveways exceeding 150 feet in length shall provide a turnaround in compliance with the California Fire Code and subject to approval of the Fire Marshal.
5. Driveway Surface Materials.
a. General. Driveways shall be constructed with permanent surfacing with materials such as asphalt, porous asphalt, concrete, porous concrete, bricks, pavers, or turf block. Decomposed granite (DG) is not considered a permanent surface.
b. Modifications for Single-Family Residential Uses. On single-family residential lots larger than 1 acre, non-permanent driveway materials such as roadbase may be allowed through a Site Plan Modification (Section 21.17.020). In approving such a request, the review authority shall make the findings required for a Site Plan Modification (Subsection 21.17.020.C, and all of the following findings:
(1) Adequate mechanisms are installed and maintained to prevent track out of nonpermanent driveway materials from tires before reaching any public right-of-way; and (2) The driveway material alternation complies with Fire Department and City Engineering Standards.
6. Drainage. Driveway drainage shall be designed to comply with City stormwater control and drainage standards.
7. Slope. Driveways shall not exceed a maximum slope of 15 percent. Driveways shall have either a continuous cross slope that conveys runoff to adjacent landscaping or a crowned surface which conveys each side to landscape areas.
8. Access. Driveways shall not be located more than 500 feet from the street or alley to the parking area served.
9. Common Driveways. Common driveways shared by more than one lot shall be allowed when proper easements or agreements have been executed and filed with the City, and recorded with the County Recorder.
10. Backing Out onto Arterials. Driveways that serve 5 or more residences, any non-residential land uses, and any use on an arterial or greater road as designated in the Circulation Element of the General Plan shall be designed so that vehicles do not back out of parking spaces directly onto the street or highway, unless determined to be infeasible by the City Engineer.
B. Driveway Gradient and Width Modifications. Where topography or other physical factors such as existing setbacks, lot dimensions, and oak trees, combine to make development in accordance with driveway standards infeasible, Modifications may be allowed through a Site Plan Modification (Section 21.17.020). In
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-31
approving such a request, the review authority shall make the findings required for a Site Plan Modification (Subsection 21.17.020.C), and the following finding:
1. The project is subject to and will comply with any mitigation measures necessary to ensure adequate fire protection. The Fire Department reserves the right to require that residential fire sprinkler systems be installed when emergency access is restricted.
21.48.120. OFF-STREET LOADING REQUIREMENTS.
A. Required Loading Spaces. Every structure or part thereof erected or occupied for retail business, service, manufacturing, storage, warehousing, hotel, mortuary, or any other use similarly involving the receipt or distribution by vehicles of space in accordance with the following requirements:
1. Commercial Zoning Districts. Within any commercial zoning district, 1 loading space is required for each 10,000 square feet of gross floor area.
2. Industrial Zoning Districts. Within any industrial zoning district, 1 loading space is required for each 15,000 square feet of gross floor area.
B. Size. For the purpose of this Section, an off-street loading space, exclusive of adequate access drives and maneuvering space, shall have minimum dimensions of 12 feet by 40 feet and an overhead clearance of 14 feet in height above the alley or street grade.
C. Modifications. Modifications to off-street loading requirements may be allowed through a Site Plan Modification (Section 21.17.020). In approving such a request, the review authority shall make the findings required for a Site Plan Modification (Subsection 21.17.020.C).
CHAPTER 21.49. RESERVED
CHAPTER 21.50. OBJECTIVE DESIGN STANDARDS FOR MIXED-USE AND MULTIFAMILY DEVELOPMENT
21.50.010. PURPOSE.
This Section establishes objective design standards (ODS) intended to facilitate high-quality site planning and building design and to accelerate housing production through the clear communication of design objectives and efficient permitting process for qualifying residential and mixed-use development projects.
21.50.020. APPLICABILITY
A. Applicable State Laws. This Chapter applies to projects conducted pursuant to any provision of State law that references objective design standards for residential development, including but not limited to California Government Code Section 65589.5 (Housing Accountability Act) and California Government Code Section 65913.4 (SB 35), as may be amended from time to time.
B. Applicable Projects. This Chapter applies to the following development projects in the multi-family residential districts (R-2-R-5) and to mixed-use developments in the Office Professional Zoning District and Mixed-Use Overlay Zoning District:
1. New development of residential units; and
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-32
2. The following remodels and additions:
a. Any second story addition;
b. An addition of more than 40 percent of the existing floor area; c. Remodels where alterations remove more than 50 percent of the exterior walls or remove more than 50 percent of the roof framing; and
d. Conversion of existing nonresidential space to a residential use.
3. Additions of 40 percent or less of the existing floor area are not subject to this Chapter, but shall utilize the same exterior colors and materials as the existing structure to which the addition is applied.
21.50.030. ALTERNATIVE REVIEW PROCESS/MODIFICATIONS
Applicants who elect to provide alternative design approaches to the objective design standards in this Chapter can do so by filing an application for a Development Plan Modification (Section 21.16.020). If the applicant elects to utilize an alternative design approach, the review authority shall use these Objective Design Standards as guidelines for the quality of design required in the City, and make the findings required for a Development Plan Modification (Subsection 21.16.020.D).
21.50.040. RELATIONSHIP TO OTHER STANDARDS AND REQUIREMENTS Development projects subject to this Chapter shall also comply with all other applicable standards and requirements of Title 21 (Zoning) for the zoning district in which a proposed project is located. Where a conflict exists between the objective design standards set forth in this Chapter and other Title 21 requirements, these provisions shall apply.
21.50.050. BUILDING DESIGN AND ARTICULATION
A. Number of Strategies Required by Building Type. Building designs shall incorporate the number of design strategies indicated in Table 21.50.050-1 (Minimum Required Number of Design Strategies by Building Type). Where “all” is indicated, all design strategies in that Subsection shall be incorporated. Where a number is indicated, projects must include that number of design strategies, choosing from the design strategy options listed in Subsections C-E below.
Table 21.50.050-1: Minimum Required Number of Design Strategies by Building Type Building Type
Minimum Number of Required Design Strategies Incorporated Required Components
Tier 1
Wall Plane
Tier 2
Fenestration
Tier 3
Roofs
Tier 4
1 unit All 0 2 0
2-10 units
Building façades 100 ft or less in length All 1 2 1
Building façades more than 100 ft in length All 2 2 1
11+ units
Building façades 100 ft or less in length All 1 3 2
Building façades more than 100 ft in length All 2 3 2
Mixed-use with at least 1 residential unit
Building façades 100 ft or less in length All 1 3 2
Building façades more than 100 ft in length All 2 3 2
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-33
B. Tier 1 Design Strategies. Required Components. Projects shall comply with all standards listed in this Subsection, as required by Table 21.50.050-1 (Minimum Required Number of Design Strategies by Building Type).
1. Building Orientation. Buildings visible from the public right-of-way shall have at least 1 pedestrian entry oriented toward the primary street. On corner parcels, additional pedestrian entries may be oriented toward both the primary street and a secondary street. (See Section 21.50.070 [Frontage Standards].)
2. Minimum Ground Floor Height for Nonresidential Uses. The minimum interior floor-to-floor height of nonresidential ground floor spaces shall be 12 feet. Minimum ground floor height shall be measured from the ground floor of the first story to the finished floor elevation of the second story.
3. Transparencies. Façades shall incorporate windows and openings providing light to adjacent spaces, rooms, and uses as follows:
a. Nonresidential Ground-Floor Uses.
(1) Windows and openings of nonresidential uses on the ground floor visible from the primary street shall constitute a minimum of 30 percent of the ground-floor building faces.
(2) Windows and openings of nonresidential uses on the ground floor visible from any secondary street shall constitute a minimum of 20 percent of the ground-floor building faces.
Figure 21.50.050-1: Ground Floor Nonresidential Transparencies (3) Windows shall provide a clear and transparent view into ground-floor nonresidential uses or shall display merchandise to reinforce a pedestrian scale.
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-34
b. Nonresidential Upper-Floor Uses. Windows and openings of nonresidential uses on upper floors that face streets shall constitute a minimum of 10 percent of upper floor building faces visible from the public right-of-way.
c. Residential Uses. Windows and openings of residential uses shall constitute a minimum of 15 percent of all building faces.
4. Blank Walls. The maximum length of any blank wall visible from the public right-of-way, meaning without a window, opening, or other massing break, shall be limited to 20 feet in length.
5. Building Corner Treatments. For mixed-use and multi-family projects with 11 or more units, the corners of a building on street-facing facades shall incorporate at least one of the following, located within 25 feet of the corner of the building, which may also be used to satisfy wall plane requirements of Subsection 21.50.050.C (Tier 2 Variation Design Strategies: Wall Plane):
a. Change in material, color, fenestration pattern or a combination of these, varied from the rest of the façade.
(1) Materials and colors shall be returned at least 4 feet or 10 percent of the building façade, whichever is more, from exterior corners or may dead end into a projecting or recessed façade feature.
(2) Materials and colors shall be vertically applied to a minimum of 80 percent of the building height.
b. Plaza with a minimum area of 200 square feet and located within 2 feet of the adjacent sidewalk grade. The corner plaza open space shall be designed as an accessible outdoor space with seating and canopy trees or small shade structures. As part of a mixed-use building, the plaza may be designed as an outdoor dining area connected to an adjacent restaurant on the ground floor. The outdoor area may be partially covered by a canopy or awning but must be open to the air on two sides;
c. A three-dimensional tower element, which extends between 3 and 6 feet in height above the top of the adjacent building façades;
d. A change in height of at least 4 feet greater or less than the height of the abutting adjacent façade;
e. A different roof style from the roof style associated with the abutting adjacent façade. f. Massing break with minimum dimensions of 1 foot in depth by 3 feet in length by 8 feet in height located within 25 feet of the corner.
C. Tier 2 Variation Design Strategies: Wall Plane. All façades facing the public right-of-way shall include variation that cumulatively equals at least 25 percent of the total façade plane area that faces the public right-of-way. To achieve the 25 percent wall plane variation, projects shall incorporate, at a minimum, the number of design strategies identified in in Table 21.50.050-1 (Minimum Required Number of Design Strategies by Building Type) for Tier 2 (Wall Plane), choosing from the list of design strategies in Paragraph
21.50.050.C.1.
1. Menu of Wall Plane Variation Design Strategy Options
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-35
a. Plaza or Forecourt: Provide a plaza or forecourt framing the entrance. The minimum dimensions of a plaza or forecourt shall be 12 feet in depth by 12 feet in length, designed as an accessible outdoor space with seating and canopy trees or small shade structures. As part of a mixed-use building, the plaza may be designed as an outdoor dining area connected to an adjacent restaurant on the ground floor. The outdoor area may be partially covered by a canopy or awning but must be open to the air on two sides. b. Upper Story Stepback. Provide an upper story (top-most) front stepback, a minimum of 5 feet in depth by 15 percent of the façade’s total length.
c. Balconies. Provide balconies in compliance with Subsection 21.50.060.B (Balconies), which may be recessed or projected.
d. Bay Windows. Provide bay windows that project at least 16 inches and not more than 3 feet from the façade nor exceed 8 feet in length. If more than 1 bay window is provided on a façade, there shall be at least 4 feet of horizontal separation between the 2 bay windows. e. General Massing Break. Provide a general massing break, which may extend the height of a building’s façade; extend the height of a building’s upper stories; and/or may be recessed or projected from the façade with minimum dimensions of 1 foot in depth by 3 feet in length by 8 feet in height.
Figure 21.50.050-2: Wall Plan Variation Options
R
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-36
Figure 21.50.050-3: How to Measure Wall Plane Variation
2. Vertical Elements on Horizontal Buildings. Where Tier 2 strategies are required, buildings longer than 100 feet shall include at least 1 design strategy that adds a vertical element to offset the horizontal length of the building. The vertical element shall be taller than it is wide.
Figure 21.50.050-4: Vertical Elements on Horizontal Buildings
3. Wall Plane Variation Projections into Front Setbacks. Up to 50 percent of the wall plane variation requirement shall be allowed to encroach into a required front setback by a maximum of 2 feet, if an equivalent area is set back 2 feet or more beyond the required front setback. However, in no case shall a building encroach into the public right-of-way.
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-37
Figure 21.50.050-5: Wall Plane Variation Projections into Front Setbacks Measurement. Massing breaks shall be measured from the building footprint, regardless of the setback.
D. Tier 3 Design Strategies: Fenestration and Materials. Projects shall incorporate, at a minimum, the number of design strategies identified in Table 21.50.050-1 (Minimum Required Number of Design Strategies by Building Type) for Tier 3 (Fenestration and Materials), choosing from the list of strategies below. Design strategies shall be applied to all building façades, including those not facing the public rightof-way.
1. For nonresidential uses, provide awnings with a minimum three-foot depth, covering at least 75 percent of windows and doors on the ground floor (see Subsection 21.50.060.A [Awnings]).
2. Exceed all applicable minimum transparency requirements (per Paragraph 21.50.050.B.3 [Transparencies]) by an additional 5 percentage points.
3. Inset all windows by at least 2 inches from face of glass to face of window trim (or to face of exterior wall if there is no trim).
4. Window trim on all windows, with a minimum width of 3.5 inches.
5. Non-vinyl window frame material on all windows.
6. Lintels applied over all window openings.
7. Windowsills projecting a minimum of 2 inches beyond the building façade on all windows.
8. Wood detailing applied to define a façade plane change between stories (not at the roof level) applied as either:
a. Corbeled end beams or rafter tails, projecting a minimum of 18 inches beyond the building façade, running the length of the façade plane change, which shall be applied to no less than 50 percent of the façade length; or
b. Post and beam supports, with a minimum dimension of 6 inches, applied under all balconies.
Post and beam supports shall extend a minimum of 18 inches from the building facade.
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-38
Figure 21.50.050-6: Corbeled End Beams
Figure 21.50.050-7: Post and Beam Supports
9. Use of a secondary cladding material (per Subsection 21.50.080.A [Exterior Building Wall Materials]) that is different from the primary cladding material (per Section 21.50.080.A [Exterior Building Wall Materials]). Secondary cladding material shall be applied for a minimum of 10 percent of all façade areas, or 3 feet of cladding along the base for the full length of all façades. Exception:
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-39
where window sills are lower than 3 feet, secondary cladding shall be applied up to the level of the lowest window sill.
10. Exceed porch width minimum requirements (per Paragraph 21.50.070.C.3 [Porch Frontage Requirements]) by an additional width equal to at least 10 percent of the length of the building façade on which the porch is located.
Figure 21.50.050-8: Exceed Porch Width Minimum Requirements E. Tier 4 Design Strategies: Roofs. Projects shall incorporate, at a minimum, the number of design strategies identified in Table 21.50.050-1 (Minimum Required Number of Design Strategies by Building Type) for Tier 4 (Roofs), choosing from the list of strategies below.
1. Dormers applied to at least 50 percent of the windows of an upper floor visible from the public rightof-way, but no less than 2 windows.
2. Eaves and rakes, with an 24-inch minimum projection, applied on all roof sections.
3. Corbeled end beams or rafter tails at provided eaves, projecting a minimum of 16 inches beyond the building façade and placed at a distance of between 2 and 3 feet between each corbeled end beam/rafter tail, for the length of each roof eave.
4. A cornice projecting a minimum of 4 inches and a maximum of 8 inches, extending the length of the building.
5. Combining more than one roof type; the secondary roof type shall represent at least 25 percent of the total roof line. See Subsection 21.50.060.C (Roofs) for allowed roof types.
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-40
6. Variation in the roof profile, by either:
a. Varying the height of the same roof type by at least 18 inches in height for each 1 to 3 units exposed on that elevation;
b. Varying the pitch of the same roof type by at least 25 percent; or c. Gables equal to at least 40 percent of the façade length.
Figure 21.50.050-9: Gabled Roof Profile
7. Installing either clay tile or standing seam metal roof for at least 50 percent of roof area.
21.50.060. REQUIREMENTS FOR ALL AWNINGS, BALCONIES, ROOFS,
MECHANICAL EQUIPMENT, AND DETACHED ACCESSORY
STRUCTURES.
The following standards shall apply to all roofs, awnings, balconies, mechanical equipment, and detached accessory structures incorporated into development projects subject to this Chapter:
A. Awnings. The following standards shall apply to awnings:
1. Awnings shall be placed above storefront doors and may be placed above windows.
2. Awnings shall be a minimum of 5 percent larger than the width of the opening to emphasize building proportions.
3. Awnings shall be constructed of canvas, wood, or metal.
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-41
4. Awnings or canopies may encroach into the public right-of-way over the sidewalk, extending to a distance within 2 feet of the face of a curb. Any awnings that encroach into the public right-of-way shall maintain 8 feet clear as measured from grade and shall be required to be reviewed and approved by the City Engineer.
B. Balconies. The following standards shall apply to balconies:
1. Where visible from the public right-of-way, occupiable private balcony guardrails/enclosure walls shall not be transparent and shall maintain a minimum of 50 percent and a maximum of 75 percent opacity. Materials used to create opacity materials shall be permanent fixtures, not fabric.
2. When private balconies project from a building façade, the maximum depth shall be 10 feet, measured from the building footprint, regardless of the setback.
3. To count toward required open space, balconies shall be a minimum of 8 feet in width, 5 feet in depth, and 8 feet in height.
4. Unoccupiable balconies, such as Juliet balconies, can be used to fulfill a Tier 2 wall plane variation requirement per Subsection 21.50.050.C, but shall not count toward required open space.
Unoccupiable balconies shall be a minimum of 3 feet wide and 12 inches deep.
Figure 21.50.060-1: Balcony Projection/Recess
C. Roofs. The following standards shall apply to roofs:
1. Allowed Roof Types. Roofs shall be one of the following types:
a. Gable;
b. Flat;
c. Shed; or
d. Hipped.
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-42
2. Regulations for All Roofs. All roofs shall:
a. Have a pitch of at least 3:12 when not flat (flat roofs shall require the minimum slope for drainage per California Building Code);
b. Have at least 2 planes/orientations; and
c. Have eaves, rakes, or overhangs, extending the length of the roof, with an 18-inch minimum projection.
3. Regulations for Gable Roofs. Where the nonvertical end of a gable roof faces the street, gables equal to at least 25 percent of the façade length are required along the street-facing side. If fewer gables are provided, the vertical side of a gable shall be oriented toward the street.
4. Regulations for Flat Roofs. Flat roofs, applied as a secondary roof type and not exceeding 50 percent of the roof line, are allowed, provided the flat roof incorporates at least one of the following:
a. A cornice, projecting a minimum of 4 inches and a maximum of 8 inches, extending the length of the flat roof;
b. An eave with an 24-inch minimum projection, extending the length of the flat roof; c. A three-dimensional tower element, which extends between 3 and 6 feet in height above the top of the adjacent building façades; or
d. A change in height of at least 4 feet greater or less than the height of the abutting adjacent façade for at least 25 percent of the roofline in each elevation visible from a public right-ofway.
5. Regulations for Shed Roofs. Shed roof types, applied as either a primary or secondary roof type, shall comply with at least one of the following measures:
a. Vary the pitch of the roof by at least 25 percent;
b. Vary the orientation of roofs;
c. Vary height by at least 4 feet greater or less than the height of the abutting adjacent façade; or d. Use a shed roof as a secondary roof type (coupled with a different primary roof type).
D. Mechanical Equipment. Mechanical equipment shall be located and screened pursuant to Chapter 21.47 (Mechanical Equipment and Screening).
E. Detached Accessory Structures. Detached accessory structures shall be designed to be consistent with the architecture of the main building, using the same materials and colors.
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-43
21.50.070. FRONTAGE STANDARDS
A. Allowable Frontage Types by Building Type. All building designs shall incorporate at least one of the frontage types allowed for that building type for each street-facing elevation, as identified in Table
21.50.070-1 (Allowed Frontage Types by Number of Residential Units) and described in Subsections B and C below.
Table 21.50.070-1: Allowed Frontage Types by Number of Residential Units Building Type
Frontage Type
Storefront Arcade Porch
Mixed-use with at least 1
residential unit
Allowed Allowed Allowed only associated
with residential entries
1 unit -- -- Allowed
2-10 units -- -- Allowed
11+ units -- Allowed Allowed
B. Requirements for All Frontage Types.
1. Entries associated with individual ground-floor dwelling units or a lobby entrance serving several units shall be oriented toward a street or internal pathway/courtyard.
2. Within vertical mixed-use buildings, pedestrian access to the residential uses shall be separate, such as via a lobby, from access points to commercial uses.
C. Standards for Individual Frontage Types.
1. Storefront Frontage Requirements.
a. The minimum dimensions for storefront frontage elements shall be as in Table 21.50.070-2.
Table 21.50.070-2: Storefront Frontage Elements
Storefront Element Minimum
Width of storefront bay(s) 10 feet
Height to bottom of awning/canopy (clear) 8 feet
Height of bulkhead 1 foot
Note: See also Figure 21.50.070-1: Storefront Frontage Requirements for a graphic depiction of A, B, and C.
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-44
Figure 21.50.070-1: Storefront Frontage Requirements
b. A storefront frontage may be recessed or in line with required front setback. c. Storefront glass shall be clear without reflective coating or dark tinting. Lightly tinted glazing that is less than 15 percent and low emissivity is acceptable. d. Glass in transom and clerestory windows may be clear, stained glass, or frosted glass. e. Doors shall use the same materials and design as display windows and framing. f. Bulkheads, where used, may include any of the following materials: ceramic tile, wood panels, polished stone, or glass tile.
g. Awnings shall comply with Section 21.50.060.A (Awnings).
2. Arcade Frontage Requirements.
a. The minimum dimensions for arcade frontage elements shall be as in Table 21.50.070-3.
Table 21.50.070-3: Arcade Frontage Elements
Arcade Element Minimum
Depth - façade to interior column face 8 feet
Length along frontage - percent of building façade width 75% Height - sidewalk to ceiling 12 feet
Note: See also Figure 21.50.070-2: Arcade Frontage Requirements for a graphic depiction of A, B, and C.
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-45
Figure 21.50.070-2: Arcade Frontage Elements
b. Along primary frontages, arcade column spacing shall correspond to storefront openings. c. Column height shall be between 4 to 6 times the column width. Column spacing and colonnade detailing, including lighting, shall be consistent with the style of the building to which it is attached.
3. Porch Frontage Requirements.
a. The minimum dimensions for porch frontage elements shall be as in Table 21.50.070-4.
Table 21.50.070-4: Porch Frontage Elements
1-10 Residential
Units
11+ Residential Units
Frontage Element Minimum Maximum Minimum Maximum
Porch depth 4 feet N/A 7 feet N/A
Porch width 6 feet N/A 12 feet N/A
Floor height measured from adjacent finished grade -- 3 feet -- 3 feet Porch height measured from porch surface to porch
ceiling
8 feet 12 feet 8 feet 12 feet
Note: See also Figure 21.50.070-4: Projecting Porch Entry and Figure 21.50-070-5: Recessed Porch Entry for graphics corresponding to A, B, C, and D.
b. Porches shall correspond directly with the building entry(s) to which the porch provides access.
c. Porches shall include a gabled entry, distinct change in roof line or columns, or have some other significant architectural distinction to define the entryway. d. Exterior stairs leading to the porch may be perpendicular or parallel to the adjacent sidewalk. e. For projecting porches, porch depth shall be measured between the wall and the outside column face. Porch width shall be measured from the outside of corner columns. Where no
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-46
columns exist (in the case of a cantilever or half wall), porch width and depth shall be measured from the edge of any stoop and the inside edge of any half wall. f. For recessed porches, porch depth shall be measured between the recessed portion of the wall and the ultimate building façade. Porch width shall be measured between the walls, with no point being less than the required minimum width.
Figure 21.50.070-4: Projecting Porch Entry
Figure 21.50.070-5: Recessed Porch Entry
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-47
21.50.080. BUILDING MATERIALS AND COLORS
A. Exterior Building Wall Materials.
1. Allowed and Prohibited Materials. Table 21.50.080-1 (Exterior Building Materials) identifies allowed and prohibited exterior building wall materials. Materials not listed are prohibited unless approved through a discretionary review process. Veneers, where applied, shall be returned at least 4 feet from exterior corners or dead end into a projecting or recessed façade feature, whichever is less.
Table 21.50.080-1: Exterior Building Materials
Wall Materials Standard Additional Regulations
Brick (including brick veneer) P
Stone (unpainted) P Veneer (not panels)
Stucco P Fine sand or hand troweled only
Finished wood, wood veneer,
engineered wood, engineered
synthetic wood (Trex or similar), wood
siding
P
Fiber cement siding and panels P
Plaster (rated for outdoor use) P
Concrete (poured in place or precast) S
Ceramic tile A For bulkheads below display windows
and decorative accents only
Glass (transparent spandrel) A
Glass (block) A
Metal (standing seam, weathering steel
[Corten or similar], or corrugated)
S
Vinyl N
Plastic N
Glass (mirrored, tinted, reflective) N
Gloss tiles N
T-111 Plywood N
Plywood N
Composite wood panel N
Rough stucco (such as lace, dash,
worm finish)
N
P: Primary or secondary material
S: Secondary or accent material only
A: Accent material only
N: Not allowed/prohibited
2. Application Requirement. Detailed drawings shall indicate how sheet or panelized materials will be joined, and how lines formed by control joints related to other architectural details shall be provided.
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-48
B. Windows and Doors. Mirrored glass is prohibited.
C. Polyurethane Foam. Exterior decorative molding, cornices, and trim constructed with exposed polyurethane foam are prohibited.
D. Roof Materials. Roof materials shall not be reflective, glossy, or polished.
E. Color Variety.
1. The number of colors appearing on the entire building exterior shall be at least 2 and not more than 4 (or 4 tones of the same color). This color variety requirement may be met with trim, eaves and rakes, rafter tails, secondary cladding materials, or other accent materials of a different color or colors that differ from the primary facade color. A different color roof shall not count as a different color for the purposes of this Subsection.
2. Certain materials (such as brick or stone) have distinct coloring in their natural state and shall count as an element of color, to be incorporated into the overall design.
21.50.090. TRANSITION TO ADJACENT R-1 ZONING DISTRICT
Where the side or rear property line abuts a property in the R-1 zoning district, the following standards shall apply.
A. Setbacks Adjacent to R-1 Zoning District. Where a property line abuts an R-1 Zoning District, the abutting setback (either rear or side) shall be 20 feet for buildings taller than 2 stories, except that buildings that house only pool spa filter and heating systems may be set back 5 feet.
B. Window Orientation. Projects that are more than 2 stories in height and that contain 11 or more units shall orient less active uses (such as bedrooms and bathrooms) toward the adjacent R-1 Zoning District property line. Windows associated with kitchens and living areas shall not be oriented toward the adjacent R-1 Zoning District property line.
C. Balcony Orientation. Upper story balconies on buildings visible from the adjacent R-1 Zoning District shall not be oriented toward the adjacent R-1 Zoning District property line.
D. Landscape Buffer. A minimum 5-foot-wide landscape buffer (clear of any wall footings) shall be provided adjacent to an R-1 Zoning District. Evergreen screening trees shall be:
1. Planted at a minimum interval of 15 feet along interior property lines abutting an R-1 Zoning District;
2. Consist of species that attains a 20-foot minimum height at maturity; and
3. Minimum 15-gallon size at time of planting.
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-49
Figure 21.50.090-1: Transitions to Adjacent R-1 Zoning District CHAPTER 21.51. REFUSE AND RECYCLING AREAS
21.51.010. PURPOSE AND APPLICABILITY
A. Purpose. This Chapter establishes standards for the location, development, and operations of refuse and recycling enclosures to ensure that the storage of trash, green waste, and recyclable materials does not have significant adverse health consequences, minimizes adverse impacts on surrounding properties, and complies with State law.
B. Applicability. All new and expanded commercial and industrial projects with a floor area exceeding 500 square feet, all intensifications of commercial and industrial uses, all new multi-unit residential projects located in any zoning district, and all new mixed-use projects shall be required to provide and maintain at least 1 trash enclosure. Trash enclosures may be located indoors or outdoors to meet the requirements of this Chapter.
21.51.020. GENERAL PROVISIONS
A. Maintenance. Maintenance of each enclosure area and any bins and containers shall be the responsibility of the property owner. The property owner shall be responsible for keeping the area clean and free of litter, rodents and insects. Enclosures that are damaged to the point of non-use will result in a service interruption if the hauler cannot access the containers and shall be repaired within 90 days.
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-50
B. Regular Collection. The property owner is responsible for arranging the regular collection or pick-up of refuse and recyclable and/or organic materials stored in the container area. Materials shall not be allowed to accumulate such that a visual, public health, or safety nuisance is created.
21.51.030. DEVELOPMENT STANDARDS
A. Notwithstanding the standards listed in this Section, solid waste management and the siting and design of garbage enclosures shall be subject to any Garbage Enclosure Standards adopted by the City Solid Waste and Recycling Manager and/or City Engineer.
B. Size and Location. Refuse, including organic waste and fats, oils, and grease, and recycling collection areas shall be sized and located as provided below. Additional storage area and alternative designs may be required based on the types and quantities of materials to be generated by the proposed land use and the mode of collection. Additional design requirements may be applied for the purposes of preventing stormwater pollution discharges.
1. Size and Number. Refuse and recycling collection areas shall be adequate in capacity, number, and distribution to accommodate all trash, garbage, recyclables, green waste, organic waste, and any other waste until such items are picked up by the City or its contracted collector. The City Solid Waste and Recycling Manager shall determine the minimum numbers of bins/enclosures necessary for all required waste containers for a multi-family and nonresidential development as a function of the proposed design.
2. Location.
a. Refuse and recycling collection areas shall be located outside the required front yard and street side yard, parking spaces, landscaped areas, and any other area required by the Municipal Code to be constructed or maintained unencumbered according to fire codes and other applicable building and public safety laws.
b. Detached enclosures shall be located a minimum of 10 feet from any structure and, in commercial areas, 25 feet from any residentially zoned property line.
C. Design of Enclosure Area.
1. Enclosures shall be constructed of the same architectural design and materials of the primary structures on site, or shall be constructed of a darker earthtone textured block. Trash enclosures shall use opaque materials that obscure views of the trash containers. Chain link fencing is prohibited in enclosures and doors when visible from the public right-of-way or abutting residential properties.
2. The interior dimensions of the enclosure shall provide convenient and secure access to the containers to prevent access by unauthorized persons and to minimize scavenging, while allowing authorized persons safe access for disposal and collection of materials.
3. All outdoor enclosures shall have full roofs with adequate height clearance to enable ready access to any containers.
4. All outdoor enclosures shall incorporate stormwater pollution reduction measures as required by the Stormwater Manager.
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-51
D. Modification. Modifications to development standards for refuse and recycling areas may be allowed through a Site Plan Modification (Section 21.17.020). In approving such a request, in addition to the findings associated with a Site Plan Modification (Subsection 21.17.010.C), the review authority shall find that the proposed design, material, or method provides approximate equivalence to the specific requirements of this Chapter or is otherwise satisfactory and complies with the intent of these provisions. The City Solid Waste and Recycling Manager reserves the right to require specific safety measures, interior dimensions, openings, grades, and other numerical proportions to ensure the City or its contracted collector can service the enclosure in compliance with State law.
CHAPTER 21.52. SIGNS
21.52.010. PURPOSE AND APPLICABILITY
A. Purpose. These regulations and standards for signs are established to provide a comprehensive system of reasonable, effective, consistent, content-neutral, and nondiscriminatory sign standards and requirements to:
1. Protect the general public health, safety, welfare, and aesthetics of the City;
2. Provide for the identification of uses in a manner appropriate to the activity conducted on a site and consistent with the purposes of the zoning district in which the site is located;
3. Eliminate confusing, distracting, or dangerous sign displays that interfere with vehicular and pedestrian movement;
4. Prevent damage to or interference with the normal use of public property;
5. Ensure the proper maintenance of signs;
6. Ensure freedom of expression for sign uses, including noncommercial speech, by maintaining a content-neutral approach and appropriately regulating the time, place, and manner under which signs may be displayed;
7. Preserve and improve the appearance of the City, protect the City from visual clutter and blight, and promote attractive and harmonious structures and environments by regulating the design, character, location, type, quality of materials, scale, illumination, and maintenance of signs; and
8. Balance the rights of individuals to convey their messages and the right of the public to be protected against the unrestricted proliferation of signs and to provide for fair and equal treatment of sign users.
B. Applicability.
1. The regulations of this Chapter apply to all signs as defined in Section 21.52.020 (Definitions) that are placed on private property, including but not limited to signs that are specifically exempted in this Chapter and:
a. Billboards, which are addressed in Title 19 (Billboard Signs), and b. Bench signs and sandwich board/A-frame signs in the public right-of-way, which are addressed in Chapter 11.30 (Street Furniture).
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-52
2. Content-based restrictions may be imposed in limited instances where the City has a compelling governmental interest in such restrictions and the restrictions are narrowly tailored to achieve that interest.
C. Severability. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word in this Chapter is held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, such decision shall not affect the validity or enforceability of the remaining portions of this Chapter.
21.52.020. DEFINITIONS
A. Signs. The following definitions shall apply to signs and sign-related regulations:
1. A-Frame Sign. A temporary freestanding sign constructed of two rigid signs connected on one edge, typically the top. For A-Frame Signs in the public right-of-way, see Chapter 11.30 (Street Furniture).
2. Architecturally Integrated Base. A support structure for a monument sign that is constructed from materials compatible with the building or development.
3. Awning Sign. An identification sign that is painted or applied to the face, valance, or side panel of an awning or canopy.
4. Banner. A temporary sign composed of cloth, canvas, plastic, fabric, or similar lightweight, nonrigid material that can be mounted to a building with screws, cord, rope, cable, or a similar method. This sign type does not include flags (see “Flags”) or feather signs (see “Feather Signs”).
5. Bench Sign. A prohibited sign located on a bench or similar structure.
6. Billboard. As defined in Section 19.01.040 of Title 19 (Billboards).
7. Commercial Sign. A sign that is meant to draw attention to a commercial use.
8. Conforming Sign. A sign that is legally installed in accordance with Federal, State, and local permit requirements and laws.
9. Construction Site Sign. A temporary sign at an active construction site.
10. Content-Neutrality; Time, Place, and Manner Regulations. Consistently applicable, nondiscriminatory sign regulations that specify—without reference to the content of the message— when, how, and where a sign can be displayed, with physical standards such as but not limited to height, size, and location, that allow the sign to be readable.
11. Copy. The message or content of a sign, which may include letters, numbers, logos, figures, and/or images.
12. Directory Sign. A wall-mounted sign located at a multi-tenant center intended to list the location of multiple businesses within the structure or business center.
13. Door and Window Sign. Any sign affixed to, painted to, or in contact with a door and/or window, and which is intended to be seen from the exterior.
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-53
14. Double-Faced Sign. A sign constructed to display its message on two parallel opposing (back-toback) faces.
15. Exception. An approval to deviate from the criteria of this Chapter.
16. Face. See “Sign Face”.
17. Feather Sign. A prohibited temporary sign constructed of cloth, canvas, plastic fabric, or similar lightweight, non-rigid material, typically taller than it is longer, and supported by a single vertical pole mounted into the ground or on a portable structure. This sign type does not include flags (see “flag”).
18. Flag. A fabric, cloth, plastic, vinyl, canvas, leather, or other similar material sheet of square, rectangular, or triangular shape that is attached to a staff cord and mounted on a pole. This sign type includes official flags of national, state, or local governments. This sign type does not include commercial speech, feather signs (see “feather sign”), banners (see “banners”), or pennants (see “pennants”).
19. Floor Treatment. Special exterior floor treatment on private non-residential properties, such as paint indicating the name of the business and/or a business logo.
20. Freestanding Sign. A sign supported by a structure connected permanently to the ground or displayed directly upon a base connected permanently to the ground that is not structurally connected to a building or other structure.
21. Governmental Sign. A governmental sign for control of traffic and other regulatory purposes, including street signs, danger signs, railroad crossing signs, and signs of public service companies indicating danger and aids to service or safety.
22. Hanging Sign. An identification sign hung from an awning, canopy, or other building projection.
23. Highway-Oriented Sign. A freestanding sign exceeding 6 feet in height, located within the Highway-Oriented Sign Overlay Zoning District as indicated on the City’s Zoning Map. Highwayoriented signs are permitted only on properties with a business that is associated with vehicle fuel sales, restaurant, motel, hotel, or vehicle sales uses.
24. Illuminated Sign. A sign for which an artificial source of light is used to make the message readable. This definition shall include internally and externally lighted signs and reflectorized, glowing, or radiating signs.
25. Inflatable Sign. A prohibited sign consisting of any object intended to draw attention to a commercial business that is enlarged or inflated and floats, is tethered in the air, is activated by air or moving gas, or is located on the ground or on a building with or without copy or other graphic.
26. Informational Sign. A sign erected for the safety or convenience of the public including, but not limited to, signs such as “one way”, “entrance”, “exit”, “restrooms”, “telephone”, “No Smoking”, “Manager’s Office”, house numbers, business addresses, historic designation plaques, and other signs of a similar nature that do not include commercial speech.
27. Interior Sign. A sign located completely within a building or structure, except for window signs.
28. Master Sign Program. A uniform design for signs within a multi-tenant center.
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-54
29. Message. See “Copy.”
30. Multi-Faced Sign. A sign constructed to display its message on three or more connected faces.
31. Multi-tenant center. A commercial, office, or industrial building or complex of buildings that accommodates three or more tenants (businesses or activities). Multi-tenant centers may be located on a single lot or on several lots that were developed under a master development plan.
32. Monument Sign. See “Freestanding Sign.”
33. Noncommercial Sign. Any sign that does not draw attention to any commercial use and instead contains a noncommercial message related to Debate or commentary on topics of public concern; for example, politics, religion, philosophy, science, or art.
34. Nonconforming Sign. A sign that was legally established prior to the effective date of Chapter
21.52 (Signs) and that does not conform to the provisions of that Chapter. Signs that require City approval but have been established without the benefit of City approval are considered illegal signs and are subject to abatement pursuant to Subsection 21.52.110.A (Abatement).
35. Off-Premises or Off-Site Sign. A prohibited sign that promotes a business, activity, product, or service available on property other than that on which the sign is located, or which directs the public to a business or activity on another property.
36. Parapet. A wall or railing that protects the edge of a platform or roof.
37. Pennant. A temporary sign generally made of flexible materials, usually cloth, paper or plastic.
This definition does not include a flag of any nation, state or political subdivision.
38. Permanent Sign. A sign constructed of durable materials and attached to a building, structure, or the ground in a manner that will resist environmental loads such as wind, precludes ready removal or movement of the sign, and is intended to exist for the duration of time that the use or occupant is located on the premises.
39. Pole Sign. A prohibited freestanding sign that is greater than 6 feet in height and mounted on an elevated pole(s), does not include “Highway Oriented Signs”. See Subsection 21.52.080.E for existing pole signs.
40. Projecting Sign. A sign that is mounted to a building perpendicular to the plane of the building surface.
41. Roof Sign. A sign erected on or above the roofline of a building or a sign painted on or attached directly to the roof.
42. Sign. Any physical form of visual communication (including, but not limited to, objects, pictures and architectural features) that is intended to be viewed from outdoor public areas. A sign includes all parts, portions, units and materials composing same, together with illumination, frame, background, structure, support and anchorage.
43. Sign Face. The area of a sign on which copy is intended to be placed.
44. Sign Area. The area contained within a single continuous perimeter enclosing all parts of such sign copy, excluding any structural elements outside the limits of the sign required to support the sign.
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-55
45. Single Face Sign. A sign with only one face plane.
46. Temporary Sign. A sign which is designed, constructed and intended to be on display for a limited period of time, typically made of lightweight or flimsy materials that can be easily and quickly mounted or removed. Does not include signs in the public right-of-way (which are subject to the requirements of Chapter 11.30 for Street Furniture).
47. Three-Dimensional Sign. Any sign which is a three-dimensional, sculptured, or molded representation of an animate or inanimate object that identifies, advertises, or otherwise directs attention to a product or business.
48. Traffic Control Sign. See “Governmental Sign.”
49. Vehicle-Mounted Sign. A prohibited sign that is affixed to an automobile, truck, trailer or other vehicle where the primary purpose of the vehicle relates to its use as a sign, whether parked on public or private property. A vehicle-mounted sign does not include a sign on a vehicle that is used for the purpose of lawfully making deliveries of sales or merchandise or rendering services from such vehicles. A vehicle-mounted sign also does not include a sign that advertises the sale of the vehicle to which it is affixed.
50. Wall-Mounted or Building-Mounted Sign. An identification sign mounted on an exterior wall of a building.
51. Window Sign. See “Door or Window Sign.”
21.52.030. SIGNS EXEMPT FROM PERMIT REQUIREMENTS
Signs specified in this Section are exempt from the fee and permit requirements of Section 21.52.060 (Sign Permit, Sign Program, and Modification Requirements) to the extent allowed by this Chapter. Signs specified in this Section shall not count towards cumulative allowable sign area, but must satisfy all other construction permit requirements, as applicable (such as building, electrical, plumbing, grading, encroachment, etc.).
A. Directory Sign. One directory sign per street frontage as follows:
1. Maximum area: 1 square foot per tenant, up to 4 square feet.
2. Maximum height: 6 feet.
3. Internal illumination prohibited.
B. Door and Window Signs. Signs on doors and/or windows are allowed, provided such signs cover no more than 30 percent of the total glass area of the window and/or door on which they are placed and further provided such signs are not be placed above a height of 6 feet from the adjacent exterior building grade.
C. Flags. Flags of any nation, state, or municipality may be flown. This exemption does not apply to commercial speech, feather signs, or pennants as defined in Section 21.52.020 (Definitions).
D. Floor Treatments. Floor treatments, as defined in Section 21.52.020 (Definitions) shall have an area of no more than 1 square foot per lineal foot of building or tenant space frontage, be completely flush with the surrounding pavement, and shall be on a floor or pavement that is completely horizontal.
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-56
E. Governmental Signs. Governmental signs required by law are exempt from the fee and permit provisions of this Chapter.
F. Informational Signs. No such sign shall exceed 2 square feet in area.
G. Interior Signs. Any interior sign placed within the window perimeter and within 3 feet of the glass is subject to the limits for window signs specified in Subsection 21.52.030.B (Door and Window Signs) of this Section.
H. Repair and change of copy of conforming signs. No fee or permit shall be required to repair, clean, repaint or refurbish any lawful conforming sign or to change the copy of any conforming sign.
I. Temporary Signs. As allowed in Section 21.52.090 (Temporary Signs).
21.52.040. PROHIBITED SIGNS
Those classes of signs designated in this Section are expressly prohibited and shall not be erected in any zoning district.
A. Bench Signs. Bench signs as defined in Section 21.52.020 (Definitions) are prohibited.
B. Conflict with Traffic Control Signs. Any sign or sign structure that by color, wording, or location resembles or conflicts with any traffic control sign or device is prohibited.
C. Feather Signs. Feather signs as defined in Section 21.52.020 (Definitions) are prohibited.
D. Inflatable Signs. Inflatable signs as defined in Section 21.52.020 (Definitions) are prohibited.
E. Flashing Signs. Any sign that rotates (except for flags, pennants, and other similar types of signs), flashes, changes, reflects, blinks, or appears to do any of the foregoingꟷexcept for those signs that only portray time and temperatureꟷis prohibited.
F. Off-Premises Signs. Off-premises signs are prohibited, except for billboards (see Title 19), authorized temporary signs, and directory signs that are in conformance with this Chapter, or any other off-premises sign that is allowed by this Chapter.
G. Pole Signs. New pole signs are prohibited except as approved as a highway-oriented sign consistent with Subsection 21.52.080.H (Highway Oriented Signs).
H. Traffic Hazard. Any sign that creates a safety hazard by obstructing the clear view of pedestrian and vehicular traffic is prohibited.
I. Vehicle-Mounted Signs. Vehicle-mounted signs as defined in Section 21.52.020 (Definitions) are prohibited. This Section is not intended to prohibit the display of commercial message that may cover all or part of a vehicle and that serves the purpose of advertising a commercial message as long as that vehicle is in operation and whose primary purpose is for regular transportation. The following criteria may be used in determining whether the primary purpose of the motor vehicle is a sign. It is not necessary that any one or all the listed criteria are met in order to determine that a sign is a prohibited vehicle-mounted sign:
1. Whether the vehicle is in operating condition, currently registered, and licensed to operate on public streets when applicable.
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-57
2. While the business is open, the vehicle is not moved, and the vehicle is so parked or placed that the signs thereon are displayed to the public.
3. Whether the vehicle is regularly parked in a location and in a manner so as to be observed by passers-by.
4. Whether the vehicle is actively used as a vehicle in the daily function of the business to which such signs relate.
5. Whether the sign includes directional copy that would only be applicable if parked in the vicinity of the use.
21.52.050. SIGNS ON PUBLIC RIGHT-OF-WAY OR PUBLIC PROPERTY.
A. No person, other than a City official or City staff member, shall cause a sign to be placed or projected into the right-of-way of a public street or on any public property without the express permission of the City.
B. It is unlawful at any time to erect or place upon or maintain upon any utility pole, traffic regulating sign, lamppost, street, sidewalk, or appurtenance thereto, any advertising material of any nature whatsoever, unless allowed pursuant to Chapter 11.30 (Street Furniture). This provision shall not apply to or restrict any public utility or public authority from erecting any signs or other markers that may be necessary for public health, safety, or welfare.
21.52.060. SIGN PERMIT, SIGN PROGRAM, AND MODIFICATION REQUIREMENTS A. Review Authority. Table 21.52.060-1 (Sign Permit Review Authority Summary) identifies the review authority responsible for reviewing and making decisions on each type of application required by this Chapter. In addition to sign permit review, applicants must also satisfy all other permit requirements, as applicable (such as building, electrical, plumbing, grading, encroachment, etc.).
Table 21.52.060-1: Sign Permit Review Authority Summary Permit
Review Authority
Zoning
Administrator
Development
Review
Committee
Planning
Commission City Council
Permanent Sign Visible from
PROW Review Decision Appeal Appeal
Permanent Sign Not Visible from
PROW Decision -- Appeal Appeal
Highway-Oriented Sign -- Review Decision Appeal
Sign Program (in conjunction with
Development Review)
Review
Decision in
conjunction
with Site Plan
review
Appeal of Site
Plan review
Decision in
conjunction
with
Development
Plan review
Appeal
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-58
B. Sign Permit. A Sign Permit is required to erect, move, alter, replace, or reconstruct any sign except those exempted by Section 21.52.030 (Signs Exempt from Permit Requirements). An application for a Sign Permit shall be filed and processed on the prescribed application forms in accordance with the procedures in Chapter 21.09 (Application Processing and Common Procedures).
C. Sign Programs. A sign program is intended to unify all signs within a multi-tenant project with signs that are architecturally compatible with the architectural theme of the buildings.
1. A master sign program is required for a commercial center or building with 5 or more tenants.
2. A master sign program shall comply with the standards of this Chapter unless a Development Plan Modification is approved by the review authority (Development Plan Modification [Section
21.16.020])
3. A master sign program shall include criteria for the size, type, location, colors, materials, illumination, and design of all signs allowed in the center.
4. The master sign program shall describe the review and approval process for amendment to the master sign program.
D. Development Review Process.
1. Possible Actions. The review authority shall review an application for a Sign Permit for conformance with this Chapter.
a. Approval. If the application meets the requirements of this Chapter, the review authority shall approve the application, which will result in the issuance of a Sign Permit. b. Conditional Approval. If the application does not meet the requirements of this Chapter, the review authority may issue a conditional approval and require that the sign comply with this Chapter. If a conditional approval is granted, the review authority may require specific amendments to a Sign Permit application before a permit will be issued. c. Denial. If the review authority determines that the Sign Permit application does not comply with the provisions of this Chapter and an exception is not approved pursuant to Section
21.52.060.E (Modifications), the review authority shall deny the application.
2. Notice of Action. Within 10 working days of the decision, the City shall provide a written notice to the applicant. In the case of a denial or conditional approval, the written notice shall inform the applicant of the manner in which the application fails to conform to the requirements of this Chapter and any adopted conditions of approval.
3. Appeal. An applicant whose application has been denied by the review authority’s decision may be appealed in compliance with Chapter 21.25 (Appeals and Calls for Review).
4. Written Record. The Community Development Department shall prepare and maintain a written record of decisions regarding the approval (including any Modifications), conditional approval, or a denial of Sign Permit applications.
E. Modifications.
1. Allowed Modifications. Modifications to sign standards may be allowed through either a Site Plan Modification (Section 21.17.020), Development Plan Modification (Section 21.16.020), or Special
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-59
Planned Development (Section 21.11.020) as indicated in Table 21.52.060-2 (Sign Modifications), provided:
a. No modification from the provisions of Section 21.52.040 (Prohibited Signs) is allowed. b. No modification shall allow signage in the public right of way. c. A Site Plan Modification (Section 21.17.020) shall not allow any increase in sign area.
Table 21.52.060-2: Sign Modifications
Modification
Required Process
Special Planned
Development
Development Plan
Modifications
Site Plan
Modification
Request for Modification to Sign
Requirements related to:
• Modifications to
sign area
• Modifications to
sign height
• Modifications to allowed
number of signs
• Configuration and
location
modifications
• Modification to
wall-mounted
sign area height
in Uptown/Town
Center Specific
Plan
2. Findings. In approving such a request, the review authority shall make the applicable findings required for a Site Plan Modification (Subsection 21.17.020.C) or Development Plan Modification (21.16.020.D) as well as determining that there are practical difficulties, physical restrictions, unusual building features (or similar characteristics) not generally shared by other properties in the same zoning district.
21.52.070. SIGN MEASUREMENT
A. Sign Height. The height of a sign shall be measured from the average ground level adjacent to the base of a sign to the highest part of the sign. Where a sign is placed on an earth berm, raised planter, or similar feature, the height of a sign shall include all or a portion of such a feature.
Figure 21.52.070-1 Calculating Sign Height
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-60
B. Sign Area.
1. Calculating Sign Area—Generally. Supporting structures, such as sign bases, columns, and decorative features shall not be included in any calculation of sign area, provided that they contain no lettering, graphics, or brand colors except for addresses. See Figure 21.52.070-2.
Figure 21.52.070-2 Calculating Sign Area - Generally
2. Calculating Sign Area—Single-Faced Signs. Sign area for single-faced signs shall be calculated by enclosing the extreme limits of all sign backing and borders, brand colors, emblem, logo, representation, writing, or other display within a single continuous perimeter composed of horizontal and vertical lines with no more than 8 corners.
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-61
Figure 21.52.070-3 Calculating Sign Area – Single-Faced Signs
3. Calculating Sign Area—Double-Faced Signs. Only one face of a double-faced sign shall be used to calculate the permitted area of a double-faced sign. Double-faced (back-to-back) signs shall be regarded as a single sign when the sign is mounted on a single structure. Where the two faces are not equal in size, the larger sign face shall be used.
4. Calculating Sign Area—Multi-Faced Signs. On a multi-faced sign, the combined sum of the area of all faces shall be used to calculate the permitted area of the sign.
5. Calculating Sign Area—Three-Dimensional Signs. Signs that consist of, or have attached to them, 1 or more 3-dimensional objects (for example, balls, cubes, clusters of objects, sculpture, or statue-like trademarks) may have a sign area that is the sum of 2 adjacent sides of the smallest cube (rectangular cuboid) that will encompass the sign. Signs with 3-dimensional objects that project 6 inches or less from the sign face shall be measured as a single-face sign. See Figure
21.52.070-4.
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-62
Figure 21.52.070-4 Calculating Sign Area for Three-Dimensional Sign
21.52.080. PERMANENT SIGNS
A. Signs Requiring a Permit. This Section identifies the types of permanent signs allowed, zoning districts where specific sign types are allowed, and the limitations on the establishment of such signs. All signs described in this Section shall require a Sign Permit.
B. General Sign Standards. All signs under this Section shall be subject to the following sign standards, unless a Modification is granted, pursuant to Section 21.52.060.E (Modifications).
1. Building-Mounted Maximum Sign Area. For any building or tenant space frontage, the total maximum sign area for all building-mounted signs, except window signs and not including freestanding signs, shall not exceed 1 square foot of sign area for every linear foot of building with street frontage, except as otherwise required by Subsection 21.52.080.L (OP Zoning District – Additional Regulations).
2. Compatibility with Architecture. Signs shall utilize materials, colors, and design motifs that are compatible with the architecture and color of the buildings on-site.
3. Proportional to Building. Signs shall be designed in scale and proportion to the building they serve.
4. Colors. Sign colors and materials shall complement the colors and architecture of the building. The use of fluorescent colors for sign backgrounds are not allowed. The use of stark white for an internally illuminated background is not allowed.
5. Illumination. All illuminated signs shall be designed in such a way as to avoid undue glare or reflection of light on private property in the surrounding area. High-intensity lights shall be avoided.
Instead, lighting shall be directed at the sign and placed in the least visible manner possible.
6. Residential Zoning Districts. In a residential zoning district, permanent signs are allowed as follows:
a. To identify a subdivision or multi-unit project; and/or b. To identify a legally established business that is the primary use on the property (specifically excluding home occupation businesses, family day care homes, limited residential care facilities, and similar uses where residential use is the primary use on the property.
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-63
7. Noncommercial Signs. In each instance and under the same conditions to which this Chapter permits any sign, a sign containing an ideological, religious, or other noncommercial speech shall be permitted wherever commercial signage is permitted.
C. Awning Signs. Awning signs shall be painted or applied flat against the awning surface. Awning signs shall count toward the square footage limit of building-mounted signs (Paragraph 21.52.080.B.1 [BuildingMounted Maximum Sign Area]).
D. Billboards. Billboard sign criteria are listed in Title 19 (Billboards).
E. Existing Pole Signs. Existing pole signs, as defined by this Chapter, may be restored and refaced with new sign text, provided that all of the following criteria are met:
1. Location. The existing pole sign shall not be located within the public right-of-way.
2. Size. The sign’s size and/or height shall not be increased.
F. Freestanding Signs. Freestanding signs shall be subject to the following requirements:
1. Location. Freestanding signs shall not be placed in the public right-of-way, or any location that would obstruct motorists' clear view of pedestrian and vehicular traffic, as determined by the City Engineer. Wherever possible, freestanding signs shall be located within landscaped areas.
2. Support Structure. The supporting structure of a freestanding sign shall be an architecturally integrated base, posts, or a decorative block wall. If mounted on a block wall, the top of the sign face shall not exceed 6 feet in height and the wall shall meet the height and setback requirements for a fence listed in Chapter 21.44 (Fences, Walls, and Hedges) including any Modifications approved by the applicable review authority.
3. Fueling Stations. Price signs shall be incorporated into freestanding signs. Fueling station signs shall not exceed 24 square feet in area and 6 feet in height. Fueling station signs shall comply with all applicable State laws.
4. Small Centers. Freestanding signs on properties with one or two businesses or activities shall be subject to the following regulations:
a. Number of Signs. No more than one sign per street frontage. b. Sign Area. Freestanding signs shall not exceed 32 square feet in sign area, except for service station signs as specified in Paragraph 21.52.080.F.3 (Fueling Stations) of this Subsection. c. Height. Freestanding signs shall not exceed 6 feet in height.
5. Multi-Tenant Centers. Freestanding signs in a multi-tenant center with three or more tenants shall be subject to the following regulations:
a. Number. No more than one freestanding sign shall be permitted per 300 linear feet of street frontage.
b. Sign Area. Freestanding signs shall not exceed 32 square feet in sign area, except for service station signs as specified in Paragraph 21.52.080.F.3 (Fueling Stations) of this Subsection. c. Height. Freestanding signs shall not exceed 6 feet in height.
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-64
d. Spacing. Freestanding signs shall be at least 200 feet apart from any other freestanding sign. e. Master Sign Program. The theme of a sign in a multi-tenant center shall be approved as part of the master sign program during the development review for the center. f. Design. A freestanding sign in a multi-tenant center shall be consistent in terms the of graphics, materials, and color with the signage of the entire center.
6. Development of 10 Acres or More. In developments of 10 acres or more, 1 freestanding sign that meets the following standards shall be allowed in addition to freestanding signs allowed in multitenant centers:
a. Size. The freestanding sign shall not exceed 100 square feet in sign area. b. Height. The freestanding sign shall not exceed 12 feet in height. c. Placement. The freestanding sign shall only be placed on exterior public streets that surround the project. Such freestanding sign shall not be placed on the interior streets within the subdivision.
d. Spacing. The freestanding sign shall be at least 200 feet from any other freestanding sign.
G. Hanging Signs.
1. Maximum Sign Area. Hanging signs shall count toward the square footage limit of buildingmounted signs (Paragraph 21.52.080.B.1).
2. Clearance and Projection Limits. A hanging sign shall have a minimum vertical clearance of 8 feet and 6 inches above a public or private sidewalk or driveway. A hanging sign shall comply with applicable building and fire codes.
H. Highway-Oriented Signs. Highway-oriented signs are subject to the approval of a Conditional Use Permit and may be placed only in the Highway-Oriented Sign Overlay Zoning District as indicated on the City's Zoning Map. Highway-oriented signs shall be allowed in additional to any allowed freestanding signs as specified in Subsection 21.52.080.F (Freestanding Signs) when such signs meet the following requirements:
1. Purpose. Highway-oriented signs may be approved for properties with businesses that are vehicle fuel sales, restaurants, motels, hotels, and vehicle sales and other regional commercial/highwayoriented uses, as determined by the Planning Commission as part of the Conditional Use Permit process, or by the Development Review Committee for sign copy changes on existing highwayoriented signs.
2. Design. The City shall limit the number, height, and visual impact of highway-oriented signs when considering the Conditional Use Permit. Highway-oriented signs shall be discouraged if adequate signs can be provided on the sides of buildings and in the form of monument signs.
3. Height. The height of highway-oriented signs shall be limited to 30 feet. Height may be measured from the adjacent ground or to the adjacent highway surface measured where the highway is closest to the sign, whichever is higher. In the case where the sign is within 500 feet of more than one highway, the sign height shall be measured to the higher of the two highways.
4. Maximum Sign Size. The highway-oriented sign shall not exceed:
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-65
a. Highway Oriented-Signs on Highway 46 East:
(1) 150 square feet in sign area for a multi-tenant center; or (2) 60 square feet in sign area for a single tenant property. b. Highway Oriented-Signs on Highway 101:
(1) 300 square feet in sign area for a multi-tenant center; or (2) 150 square feet in sign area for a single tenant property.
5. Number of Signs. No more than 1 highway-oriented sign per acre of property shall be permitted.
Combining multiple signs onto a single sign structure is strongly encouraged.
6. Minimum Property Size. Highway-oriented signs are permitted on sites with a 1-acre minimum size unless the highway-oriented sign was approved as a part of a comprehensive sign program for a multi-use center (under which the City may approve pole signs for smaller parcels).
I. Projecting Signs.
1. Maximum Sign Area. A projecting sign shall be limited to a maximum sign area of 25 square feet, and shall count toward the square footage limit of building-mounted signs (Paragraph
21.52.080.B.1).
2. Limitation on Placement. Projecting signs shall be attached at right angles to a building and shall have no more than 2 faces.
3. Clearance and Projection Limits. A projecting sign shall have a minimum vertical clearance of 8 feet and 6 inches above a public or private sidewalk or driveway. A projecting sign shall comply with applicable building and fire codes.
J. Roof Signs. Roof signs shall count toward the square footage limit of building-mounted signs (Paragraph
21.52.080.B.1). Roof signs shall not project above the highest ridge or parapet.
K. Wall-Mounted Signs. Wall-mounted signs shall count toward the square footage limit of building-mounted signs (Paragraph 21.52.080.B.1). For shopping centers with buildings that have entrances oriented toward a parking lot, they shall be allowed an additional 50 percent more sign area, provided that the additional sign area is not added to the base sign area permitted in 1 sign.
L. OP Zoning District – Additional Regulations. Notwithstanding the above regulations, signs on 12th Street within the OP Zoning District are limited to the following signage:
1. Wall-Mounted Signs. Wall-mounted signs shall not exceed 2 square feet in size, and their placement on the building shall be architecturally integrated.
2. Freestanding Signs. Freestanding signs may not exceed 24 square feet in area and 4 feet in height in order to be in proper scale and proportion to the residential character of this area.
3. Illumination. Signs shall not be internally illuminated. Exterior sign illumination shall be kept to a minimum and reviewed for appropriateness by the Development Review Committee.
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-66
4. Awning, Hanging, and Projecting Signs. Awning signs, hanging signs, and projecting signs shall adhere to the sign standards of the Uptown/Town Centre Specific Plan.
21.52.090. TEMPORARY SIGNS
A. Purpose. In addition to Section 21.52.010 (Purpose and Applicability) of this Chapter, the purpose of this Section is to ensure that temporary signs do not create a distraction to the traveling public by limiting the proliferation of temporary signs and eliminating aesthetic blight and litter that are detrimental to the public’s health, safety, and general welfare.
B. General Standards for All Temporary Signs.
1. Temporary Sign Content Neutrality. All regulations and standards in this Section are to be exercised in light of the City’s content neutrality policy. These provisions are not intended to limit, censor, or restrict free speech.
2. Relationship to Permanent Sign Regulations. The number and area of temporary signs shall not be included in the calculation of permanent sign area.
3. Illumination Prohibited. Temporary signs shall not be illuminated.
4. Secure Placement. All temporary signs shall be installed securely in the ground or attached to a building. Banner signs shall be installed on a building wall.
5. Sign Placement. Temporary signs are allowed on private property only subject to permission of the property owner.
6. Design Standards. "Day-glow" and fluorescent colors are prohibited. Lettering shall be of professional quality, done in uniform, readily legible characters. Signs shall be constructed of materials that can withstand outdoor weather conditions, such as cloth, canvas, or vinyl plastic.
Paper and cardboard are prohibited materials.
7. Noncommercial Signs. In each instance and under the same conditions to which this Chapter permits any sign, a sign containing an ideological, religious, or other noncommercial speech shall be permitted wherever commercial signage is permitted.
8. Permitting. Temporary signs shall be exempt from fee and permit requirements unless a Modification is requested for temporary commercial signs consistent with Section 21.52.060 (Sign Permit, Sign Program, and Modification Requirements).
C. Temporary Sign Standards: Location, Size, and Quantity. Temporary commercial signs shall conform to the following regulations unless a Modification is approved by the applicable review authority consistent with Section 21.52.060 (Sign Permit, Sign Program, and Modification Requirements).
1. Location.
a. Temporary Commercial Signs. Temporary commercial signs shall be allowed:
(1) In residential zoning districts:
(a) on properties with a legally established business that is the primary use on the property (specifically excluding home occupation businesses, family day care
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-67
homes, limited residential care facilities, and similar uses where residential use is the primary use on the property);
(b) on properties where a City Building Permit has been issued and is actively under construction;
(c) on properties where there is a garage, yard, estate sale; and (d) on properties listed for sale or lease.
(2) In nonresidential zoning districts.
b. Temporary Noncommercial Signs. Temporary noncommercial signs shall be allowed on any property in residential zoning districts.
2. Size and Quantity. Temporary signs shall not in the aggregate exceed 1 square foot per linear foot of building or tenant space frontage. For properties without a building, temporary signs shall not in the aggregate exceed 32 square feet in area.
3. Quantity. No property shall have more than 2 temporary signs at one time. In the case of a multitenant center, no business shall have more than 2 temporary signs at any one time.
4. Duration and Removal. Temporary signs shall be posted for no more than 30 consecutive days, separated from other occasions by a period of not less than 30 days, and for no more than a cumulative 90 days within any calendar year. Any such sign shall be removed within 7 days of the conclusion of any time-specific event associated with such signage. Temporary construction signs shall be removed at time of issuance of the certificate of occupancy. Temporary noncommercial signs may be posted for a total of 90 days in a calendar year. If a temporary noncommercial sign is related to a specific event, it shall be removed no later than 7 days following said event.
5. Exception for New Businesses. During the first 30 days that a new business is open, there are no limitations on the size, location, and nature of a banner sign, as long as the sign(s) does not adversely affect the public health, safety, or welfare.
21.52.100. NONCONFORMING SIGNS – COPY CHANGES
A nonconforming sign shall not be structurally altered, increased in area, relocated, or used or modified in a manner that would change the physical characteristics of the sign. Changes to sign copy on nonconforming signs shall require a Sign Permit subject to review and approval by the Development Review Committee.
21.52.110. ADMINISTRATION AND ENFORCEMENT
A. Abatement.
1. Nuisance Abatement. Signs not in compliance with this Chapter may be declared to be a public nuisance, and be abated in compliance with the requirements of the City’s Municipal Code Chapter
9.06 (Nuisance Abatement). Alternatively, signs not in compliance with this Chapter and deemed to be a minor violation by the enforcement officer may be enforced through the City's administrative citation process as set forth in Chapter 1.03 (Administrative Citation) of the Municipal Code.
2. Summary Abatement. Signs located in the public right-of-way may be declared to be a public nuisance subject to summary abatement by the City's enforcement official, as defined in Municipal
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-68
Code Chapter 9.06 (Nuisance Abatement). In addition to any criminal or civil penalties prescribed by law, the actual costs of abatement of such signs shall become a debt owed to the City by the person responsible for or causing placement of the sign.
B. Abandoned Signs. A sign shall be deemed abandoned in the following circumstances:
1. Change in Use. Any sign advertising a use, occupancy or product that has not existed for a period of 180 consecutive calendar days shall be deemed obsolete or abandoned. It shall be unlawful for any sign owner, the occupant of such premises, or the owner of any such premises to fail or refuse to remove an abandoned or obsolete sign or sign support, pole or structure following an order to do so.
2. Expiration of Event. The property owner or person responsible for the installation of a temporary sign authorized by this Chapter relating to a specific event shall remove the sign promptly following the expiration of the event unless different time limits apply to the sign as specifically provided for in this Chapter. Any such sign relating to a specific event shall be deemed obsolete or abandoned 7 days following said event. If the City removes the sign following its abandonment, the removed sign will be held by the City for a period of 30 days and the property/sign owner notified of the same. Failure to respond to the notification may result in the destruction of the sign or disposal by the City.
C. Failure to Maintain. All signs shall be kept in a good state of repair and preservation. A sign may be deemed abandoned if, after 90 days written notice to the permit holder, the permit holder has failed or refused to maintain the sign. Upon such declaration, the sign may be considered abandoned and abated as provided in Subsection 21.52.110.B (Abandoned Signs) of this Section.
D. Hazardous or Unsafe Signs. The enforcement official, upon identification of a hazardous or unsafe sign, shall give written notice to the property owner and/or party responsible for the sign or the condition or conditions that render the sign hazardous or unsafe, and an order to abate the public nuisance caused by the existence of the hazardous or unsafe sign. Hazardous and unsafe signs include, but are not limited to, signs that obstruct views of pedestrian and vehicular traffic at street intersections or driveways, signs that create a glare or other visual distraction that impedes a driver's ability to see, and signs that are dilapidated, structurally unsound or pose a fire threat. The enforcement official shall determine an appropriate time period for abatement of the public nuisance based on the degree of hazard. At the expiration of the time period, if the hazard has not been voluntarily abated, the enforcement official shall proceed to abate the nuisance in compliance with the procedures contained in Municipal Code Chapter 9.06. E. (Right of Entry).
When it is necessary to make an inspection to enforce the provisions of this Chapter, or when the enforcement official has reasonable cause to believe that there exists any sign or a condition that makes such sign unsafe, abandoned, illegal or nonconforming, the enforcement official may petition the court to enter the lot, building, or premises on which such sign is located at all reasonable times to inspect the sign or to perform any duty imposed by this Chapter.
21.52.120. MURALS
The provisions of Chapter 21.63 (Murals) of Title 21 (Zoning) shall apply.
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-69
CHAPTER 21.53. SWIMMING POOLS
21.53.010. PURPOSE AND APPLICABILITY
This Chapter establishes consistent and uniform requirements for the design of swimming pools, spas, and any body of water having a depth of more than 18 inches and related equipment.
21.53.020. DEVELOPMENT STANDARDS
A. Swimming Pool Fencing. All swimming pools shall be completely enclosed by a permanent fence or building at least 5 feet in height. The fence shall comply with the provisions of Chapter 17.12 (Security of Bodies of Water to be used for the Purpose of Human Immersion) of Title 17 (Buildings and Construction).
Fabric mesh fencing shall not meet the requirements of this Section.
B. R-1 Zoning Districts.
1. Swimming pools and spas shall comply with the front and street side setback and shall not extend farther into the front yard setback than the front wall of the main building.
2. Swimming pools shall be located a minimum of 3 feet from any side or rear property line, as measured from the edge of the water.
3. Filter and heating systems for pools and spas shall not be located closer than 20 feet to any dwelling other than the property owner's and shall be fully screened from view offsite by a solid fence.
C. Multi-Family Zoning Districts (R-2, R-3, R-4, and R-5).
1. Swimming pools and spas and their filter and heating systems are considered to be accessory buildings and shall comply with the setbacks established for such structures in Chapter 21.33 (Residential Zoning Districts) of Article 3 (Zoning Districts, Allowable Uses, and Development Standards).
CHAPTER 21.54. UNDERGROUND UTILITIES
21.54.010. PURPOSE AND APPLICABILITY
This Chapter establishes standards for the siting of all electrical, telephone, cable television, and similar distribution lines providing direct service to a development site.
21.54.020. GENERAL PROVISIONS
A. All new utility service lines shall be under-grounded unless determined to be infeasible or unduly cost prohibitive as determined by the City Engineer.
B. Transformers, control points, and other utility housings shall be located so as to minimize their visual impact and shall be screened in a manner approved by the review authority.
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-70
CHAPTER 21.55. VISIBILITY AT INTERSECTIONS
21.55.010. PURPOSE AND APPLICABILITY
A. Purpose. This Chapter is intended to maintain clear sight visibility at street intersections by minimizing obstructions caused by vegetation and structures.
B. Applicability. Visibility requirements are applicable to every intersection of 2 or more public or private streets and alleys.
21.55.020. GENERAL PROVISIONS
Vegetation, fences, and structures located on a property at any corner from intersecting streets shall comply with City Engineering standards.
CHAPTER 21.56. WATER EFFICIENT LANDSCAPING
21.56.010. PURPOSE AND APPLICABILITY
A. Purpose. Consistent with California State Law, it is the purpose of this Chapter to:
1. Promote the values and benefits of landscapes while recognizing the need to use water resources as efficiently as possible;
2. Establish a structure for planning, designing, installing, maintaining, and managing water efficient landscapes in new construction and rehabilitated projects.
B. Applicability. The requirements within this Chapter apply to new construction and rehabilitated landscapes for commercial, industrial, and residential projects that are subject to the Development Review process (Chapter 21.15) and/or a Building Permit.
1. Development Review Process. In conjunction with the submittal of a project for Development Review (Chapter 21.15), conceptual landscape plans shall be provided that demonstrate that the design of the landscaping complies with the standards within this Chapter. These plans shall be reviewed by the applicable review authority.
2. Building Permit. In conjunction with the submittal of a project for building plan check, final landscape and irrigation plans shall be submitted with the project in compliance with this Chapter.
After a plan check review by the Planning and/or Public Works Departments for compliance with this Chapter, a building permit may be issued. Fees consistent with the fees established for building plan check will be applied for staff review of the landscape and irrigation plan.
3. Certificate of Completion. Once the landscape and irrigation plans and necessary documentation have been provided in substantial compliance with the Landscape Documentation Package (LDP), a Certificate of Completion may be issued. A Certificate of Completion shall be issued prior to the project receiving a Certificate of Occupancy by the Building Division.
4. Landscape and Irrigation Installation. Landscaping and irrigation shall be installed per the approved plans prior to the issuance of a Certificate of Occupancy or "final" of the building/project.
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-71
5. Landscape Bond. For projects that have a landscape area of one-half acre or greater, a bond may be posted, which would allow a building to be finalized and a Certificate of Occupancy to be issued prior to the site landscape and irrigation being completed. The bond shall be based on an estimate for labor and materials to complete the landscape and irrigation project per the approved plans, plus an additional 25 percent. The applicant shall fill out the Landscape Bond Security Agreement along with the necessary bonding information, to the Community Development Department for review and approval to determine the specific bond amount. For projects that have a landscape area of less than one-half acre, the Community Development Director or his or her designee may approve a bond to be posted, which would allow a building to be finalized and a Certificate of Occupancy to be issued prior to the site landscape and irrigation being completed.
21.56.020. DEFINITIONS
The following definitions shall apply within Chapter 21.56:
A. "Estimated Total Water Use" (ETWU) means the total water used for the landscape as calculated in the Water Efficient Landscape Worksheet.
B. "Evapotranspiration adjustment factor" (ETAF) means a factor of 0.55 for residential areas and 0.45 for nonresidential areas, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. The ETAF for new and existing (non-rehabilitated) Special Landscape Areas shall not exceed one. The ETAF for existing non-rehabilitated landscapes is 0.8.
C. "Flow sensor" means an inline device installed at the supply point of the irrigation system that produces a repeatable signal proportional to flow rate. Flow sensors must be connected to an automatic irrigation controller, or flow monitor capable of receiving flow signals and operating master valves.
D. "Irrigation efficiency" means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices.
E. "Landscape Architect" means a person who holds a license to practice landscape architecture in the State of California as described in the Business and Professionals Code Section 5615.
F. "Landscaped area" means all the planting areas, turf areas, and water features in a landscape design plan subject to the Maximum Applied Water Allowance calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, and other non-irrigated areas designated for non-development (for example, open spaces and existing native vegetation).
G. "Landscape contractor" means a person licensed by the state of California to construct, maintain, repair, install, or subcontract the development of landscape systems.
H. "Landscape water meter" means an inline device installed at the irrigation supply point that measures the flow of water into the irrigation system and is connected to a totalizer to record water use.
I. "Master shut-off valve" is a valve installed at the irrigation supply point which controls water flow into the irrigation system. When this valve is closed water will not be supplied to the irrigation system. A master valve will greatly reduce any water loss due to a leaky station valve.
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-72
J. "Maximum Applied Water Allowance" (MAWA) means the upper limit of annual applied water for the established landscaped area as calculated as calculated in the Water Efficient Landscape Worksheet.
K. "Rehabilitated landscape" means any re-landscaping project that requires a permit, plan check, or development review.
L. "Runoff" means water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a slope.
M. "Soil moisture sensing device" or "soil moisture sensor” means a device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event.
N. "Turf" means a ground cover surface of mowed grass, which may include annual bluegrass, Kentucky bluegrass, perennial ryegrass, red fescue, tall fescue, Bermudagrass, Kikuyu grass, seashore paspalum, St.
Augustinegrass, zoysiagrass, and buffalo grass.
O. "Valve" means a device used to control the flow of water in the irrigation system.
P. "Water conserving plant species" means a climate-adapted plant species identified as having a low plant factor (Water Use Classification of Landscape Species plant factor of 0.3 or less).
Q. "Water Efficient Landscape Worksheet" means calculations of the maximum applied water allowance and estimated total water use using specific landscape hydrozone areas, plant factors in accordance with the Water Use Classification of Landscape Species, and irrigation efficiencies, Evapotranspiration adjustment factors, and regional evapotranspiration rate. The worksheet is on file with the Community Development Department.
R. "Water Use Classification of Landscape Species" (WUCOLS) means the Water Use Classification of Landscape Species list published by the University of California Cooperative Extension and the Department of Water Resources.
21.56.030. TURF LIMITATIONS FOR NEW CONSTRUCTION AND REHABILITATED
LANDSCAPES
A. General. All new construction projects (residential, commercial, industrial) shall comply with the following limitations:
1. Turf areas less than 10 feet in width in any direction are prohibited, unless subsurface irrigation is used and maximum turf areas do not exceed the percentages outlined in this Chapter.
2. Turf shall be prohibited within the public right-of-way, including parkways.
3. Developments shall be graded to maximize the on-site distribution of runoff to planted areas.
4. For non-turf areas, drip irrigation methods and water conserving plant species shall be used.
5. Landscapes and irrigation systems shall comply with the requirements of Section 21.56.040 (Landscape and Irrigation System Design and Information Requirements).
6. Covenants, Conditions and Restrictions (CCRs) shall not require turf landscaping nor have the effect of prohibiting low-water use landscaping..
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-73
B. Commercial and Industrial Projects.
1. Water conserving plant species irrigated with a drip irrigation system shall be used for 100 percent of the development's landscaped area, excluding edibles and areas using recycled water.
2. Exceptions. This Subsection does not apply to cemeteries, plant collections as part of botanical gardens and arboretums open to the public, City parks, and school sports fields.
C. Single Family Residences.
1. Turf grass installed with spray irrigation shall be limited in new and rehabilitated single family residential front yards, street side yards and back yards, to 25 percent of the landscaped area.
Providing turf in the front or street side yard, will trigger the requirement for the submittal of the landscape documentation package listed in Subsection 21.56.040.B.
2. The common areas in residential subdivisions (including landscape and lighting district areas) shall be planted with water conserving plant species irrigated with drip irrigation (excepting active play areas such as ball fields, playgrounds, and picnic areas).
D. Model Homes.
1. Turf grass shall be prohibited in the front yards of model homes and shall be limited to 25 percent of the landscaped area in back and side yards.
2. Model homes shall be used to educate future homeowners about water efficient landscape and irrigation techniques. Education features for model homes shall include:
a. The installation of interpretive landscape information signs that describe the principles of water efficient landscapes including features such as hydrozones, appropriate irrigation equipment. and others techniques that contribute to the overall water efficient irrigation theme. b. Information shall be provided to new homeowners that includes techniques on designing, installing, managing, and maintaining water efficient landscapes, and complying with this Chapter.
E. Multi-Family Residential Projects. Turf grass shall be limited to 20 percent of the landscaped area. The 20 percent limitation shall be exclusive of areas designed as active play surfaces (for example, ballfields, playgrounds, and picnic areas).
F. Rehabilitated Landscapes. Rehabilitated landscapes shall comply with the turf limitations outlined in Subsections A-F, as appropriate to the property type.
21.56.040. LANDSCAPE AND IRRIGATION SYSTEM DESIGN AND INFORMATION
REQUIREMENTS
A. All project landscaping and irrigation plans/designs shall comply with the following standards:
1. The following documents and plans shall be submitted prior to the issuance of a Building Permit for the associated project:
a. Project Information
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-74
b. Water Efficient Landscape Worksheet (on file with the Community Development Department) c. Landscape Design Plans
d. Irrigation Design Plans
2. The Estimated Total Water Use (ETWU) calculated in the Water Efficient Landscape Worksheet shall not exceed Maximum Applied Water Allowance (MAWA).
3. The evapotranspiration adjustment factor (ETAF) calculated in the Water Efficient Landscape Worksheet shall not exceed 0.55 for residential projects and 0.45 for non-residential projects.
4. The irrigation design plans shall utilize rain sensors, either integral or auxiliary, that suspend irrigation during and after rainfall events, shall be required on all irrigation control systems.
5. Prohibit turf on slopes greater than 20 percent where the toe of the slope is adjacent to an impermeable hardscape.
6. Water features shall use recirculating water systems.
7. Prohibit overhead spray irrigation within 24 inches of non-permeable surfaces such as, but not limited to, concrete sidewalks and driveways. Subsurface irrigation may be used as long as other requirements of this Chapter are met. Allowable irrigation within the setback from non-permeable surfaces may include drip, drip line, or other low-flow non-spray type of systems. The setback area may be planted or non-planted. The surfacing of the setback may be mulch, gravel, cobles, or other permeable material. These restrictions may be modified if the landscape area is adjacent to permeable surfacing, and no runoff occurs or the adjacent non-permeable surface drains entirely to landscaped areas.
8. Incorporate compost at a rate of at least 4 cubic yards per 1,000 square feet to a depth of 6 inches into the landscape area (unless contra-indicated by soil test).
9. Irrigation systems shall be designed and constructed to achieve a minimum efficiency of 75 percent for overhead spray devices and 81 percent for drip systems.
10. All irrigation systems shall include pressure regulators and a master shut-off valve. All irrigation emitters shall meet the requirements set in the ANSI standard, ASABE/ICC 802-2014, "Landscape Irrigation Sprinkler and Emitter Standard". All sprinkler heads installed in the landscape must document uniform distribution with a low quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014.
11. For irrigations systems serving non-residential landscape areas, a dedicated landscape meter or submeter may be required, depending on the water meter size required to serve the total water demand for the project (indoor and outdoor potable water demands). Refer to Public Works standards to determine if a separate landscape meter is required.
12. Irrigation systems serving non-residential landscape areas greater than 1,000 square feet shall incorporate dedicated flow sensors that detect and report high flow conditions due to broken pipes, sprinkler heads, or other malfunctions.
13. Apply a minimum three-inch layer of mulch on all exposed soil surface of planting areas.
Article 4 Regulations and Standards Applicable to All Zoning Districts Paso Robles Zoning Code 4-75
14. The architectural guidelines and Covenants, Conditions, and Restrictions of common interest developments shall not have the effect of prohibiting the use of low-water use plants or requiring turf grass in landscaped areas.
B. Projects with a landscape area equal to or greater than one-half acre shall submit the following information and shall comply with the following standards and conditions. Please note that the landscape area for new residential subdivisions will be calculated on an individual lot basis as each lot develops, not a total of landscape areas prior to subdivision. If there are common areas, or areas within a Landscape and Lighting District that have landscape areas one-half acre or greater, there will be a requirement for an LDP for those areas to be completed prior to the recordation of the final map.
1. All of the items identified in Subsection 21.56.040.A shall apply.
2. Weather-based irrigation controllers, soil moisture-based controllers, or other self-adjusting irrigation controllers shall be required for irrigation scheduling.
3. The following documents and plans shall be submitted prior to the issuance of a Building Permit for the associated project and for compliance with the Landscape Documentation Package:
a. Project Information
b. Water Efficient Landscape Worksheet
c. Soil Management Report
d. Landscape Design Plan
e. Irrigation Design Plan
f. Grading Design Plan
4. The following documents and plans shall be completed and the landscape and irrigation project shall be installed prior to the issuance of a Certificate of Occupancy for the associated project. The Certificate of Completion also requires the documentation of the following items. (Please refer to the Landscape and Irrigation Design Guide for specific forms and criteria). a. Irrigation Scheduling
b. Landscape and Irrigation Maintenance Schedule
c. Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis d. Irrigation Efficiency
e. Stormwater Management
5. The Project Applicant shall be responsible for costs of City audits, inspections, surveys, analyses, design changes, additional reviews, and resubmittals necessary for compliance with this Chapter.
CHAPTER 21.57. RESERVED
Article 5 Special Regulations
Paso Robles Zoning Code 5-i
Article 5: Special Regulations
5 x
Chapter 21.58. Accessory Dwelling Units............................................................................................... 5-1
21.58.010. Purpose and Applicability .................................................................................................. 5-1
21.58.020. Definitions.......................................................................................................................... 5-1
21.58.030. Application review.............................................................................................................. 5-2
21.58.040. ADU Classifications. .......................................................................................................... 5-3
21.58.050. Requirements for All ADUs................................................................................................ 5-4
21.58.060. Additional Requirements for Local ADUS.......................................................................... 5-9
21.58.070. Impact Fees......................................................................................................................5-10
21.58.080. Nonconforming zoning code conditions, building code violations, and unpermitted structures. ..........................................................................................................................................5-11 Chapter 21.59. Adult Business Uses......................................................................................................5-11
21.59.010. Purpose and Findings.......................................................................................................5-11
21.59.020. Definitions.........................................................................................................................5-14
21.59.030. General Requirements......................................................................................................5-16
21.59.040. Development and Performance Standards.......................................................................5-20 Chapter 21.60. Cannabis .........................................................................................................................5-26
21.60.010. Purpose and Applicability .................................................................................................5-26
21.60.020. Definitions.........................................................................................................................5-26
21.60.030. General Regulations.........................................................................................................5-27
21.60.040. Violations ..........................................................................................................................5-31 Chapter 21.61. Density Bonus ................................................................................................................5-32
21.61.010. Purpose. ...........................................................................................................................5-32
21.61.020. Applicability.......................................................................................................................5-32
21.61.030. Density increase and other incentives/concessions .........................................................5-33
21.61.040. Physical constraints and parking waivers. ........................................................................5-33
21.61.050. Retention of density bonus units.......................................................................................5-33
21.61.060. Application procedure for density increase or other incentives/concessions....................5-34 Chapter 21.62. Historic Preservation......................................................................................................5-34
21.62.010. Purpose and Applicability .................................................................................................5-34
21.62.020. Administrative and Review Authorities – Powers and Duties ...........................................5-35
21.62.030. Criteria for Designation of Historic Resources..................................................................5-37
21.62.040. Established Historic Resources ........................................................................................5-39
21.62.050. Procedure for Designation of Historic Resources.............................................................5-39
21.62.060. Rescinding or Amending Designation...............................................................................5-40
21.62.070. Historic Resource Evaluations..........................................................................................5-40
Article 5 Special Regulations
Paso Robles Zoning Code 5-ii
21.62.080. Alteration, Demolition, or Relocation of a Historic Resource ............................................5-41
21.62.090. Preservation Incentives ....................................................................................................5-44
21.62.100. Maintenance.....................................................................................................................5-44 Chapter 21.63. Murals..............................................................................................................................5-46
21.63.010. Purpose and Applicability .................................................................................................5-46
21.63.020. General Regulations.........................................................................................................5-46
21.63.030. Neighborhood Involvement...............................................................................................5-47
21.63.040. Registration ......................................................................................................................5-47
21.63.050. Violations ..........................................................................................................................5-47 Chapter 21.64. Short-Term Rentals ........................................................................................................5-48
21.64.010. Scope, Purpose, and Findings..........................................................................................5-48
21.64.020. Definitions.........................................................................................................................5-48
21.64.030. Permit Requirements........................................................................................................5-50
21.64.040. Occupancy and Guest Limits for Short-Term Rentals ......................................................5-55
21.64.050. Short-Term Rental Hotline................................................................................................5-55
21.64.060. Enforcement .....................................................................................................................5-55 Chapter 21.65. Urban Dwelling Units......................................................................................................5-57
21.65.010. Purpose. ...........................................................................................................................5-57
21.65.020. Definition...........................................................................................................................5-57
21.65.030. Application........................................................................................................................5-57
21.65.040. Approval. ..........................................................................................................................5-58
21.65.050. Requirements. ..................................................................................................................5-58
21.65.060. Specific Adverse Impacts. ................................................................................................5-64
21.65.070. Remedies. ........................................................................................................................5-64 Chapter 21.66. Wireless Communications Facilities ............................................................................5-65
21.66.010. Purpose and Applicability .................................................................................................5-65
21.66.020. Definitions.........................................................................................................................5-66
21.66.030. Permit Requirements........................................................................................................5-66
21.66.040. Development and Design Standards ................................................................................5-70
21.66.050. Operation and Maintenance .............................................................................................5-73
21.66.060. City Changes to the Public Right of Way..........................................................................5-74
21.66.070. Satellite dish antennae .....................................................................................................5-74
21.66.080. Abandonment or Discontinuation of Use ..........................................................................5-74
21.66.090. Revocation for Violation....................................................................................................5-75
21.66.100. Removal and Restoration .................................................................................................5-75
21.66.110. Use of Outside Consultants..............................................................................................5-76
21.66.120. State or Federal Preemption.............................................................................................5-76
Article 5 Special Regulations
Paso Robles Zoning Code 5-iii
Chapter 21.67. Reserved .........................................................................................................................5-76 Chapter 21.68. Reserved .........................................................................................................................5-76
Article 5 Special Regulations
Paso Robles Zoning Code 5-1
CHAPTER 21.58. ACCESSORY DWELLING UNITS
21.58.010. PURPOSE AND APPLICABILITY
A. Purpose. The purpose of this Chapter is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code Sections 66310 - 66342.
B. Effect of Conforming. An ADU or JADU that conforms to the standards in this Section will not be:
1. Deemed to be inconsistent with the City's General Plan designation or zoning district for the parcel on which the ADU or JADU is located.
2. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
3. Considered in the application of any local ordinance, policy, or program to limit residential growth.
4. Required to correct a nonconforming zoning condition, as defined in Section 21.58.020 (Definitions). This does not prevent the City from enforcing compliance with applicable building standards in accordance with California Health and Safety Code Section 17980.12.
21.58.020. DEFINITIONS.
As used in this Chapter, terms are defined as follows:
A. "Accessory dwelling unit" or "ADU" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing dwelling unit. An accessory dwelling unit also includes the following:
1. An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and
2. A manufactured home, as defined by Section 18007 of the California Health and Safety Code.
B. "Accessory structure" means a detached structure that is accessory and incidental to a dwelling unit located on the same lot.
C. “Attached ADU” means an ADU that shares a common roof structure or a common wall with the primary residence and may include conversion of existing space within the existing residence.
D. "Complete independent living facilities" means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel where the single-family or multi-family dwelling is or will be situated.
E. “Detached ADU” means an ADU that does not meet the definition of “attached ADU”.
F. "Efficiency kitchen" means a kitchen that includes all of the following:
1. A cooking facility with appliances.
2. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.
Article 5 Special Regulations
Paso Robles Zoning Code 5-2
G. “Habitable space” is defined in Section 21.92.080 (“H” Definitions).
H. “High-quality transit corridor” has the meaning defined in California Public Resources Code Section 21155.
I. “Interior ADU” means a JADU or ADU converted from existing space that is enclosed on all sides (not a porch, patio cover, or similar) in a dwelling unit or accessory structure.
J. "Junior accessory dwelling unit" or "JADU" means an ADU that satisfies all of the following:
1. It is no more than 500 square feet in size.
2. It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure.
3. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.
4. If the unit does not include its own separate bathroom, then it contains an interior entrance to the habitable space of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.
5. It includes an efficiency kitchen, as defined in Subsection 21.58.020.F above.
K. “Local ADU” means an ADU that meets the requirements of Sections 21.58.050 (Requirements for all ADUs) and 21.58.060 (Additional Requirements for Local ADUs), but does not meet the criteria for a Statewide Exemption ADU (as outlined in Table 21.58.040-1 [Criteria for Statewide Exemption ADUs and JADUs]).
L. “Major transit stop” has the meaning defined in California Public Resources Code Section 21155 M. “Multi-family dwelling” means a structure with 2 or more attached dwellings on a single lot.
N. "Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards.
O. "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to an entrance of the ADU or JADU.
P. "Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
Q. “Statewide Exemption ADU” means an ADU or JADU that meets the criteria of 1 or more of the types of ADUs listed in Table 21.58.040-1 [Criteria for Statewide Exemption ADUs and JADUs].
21.58.030. APPLICATION REVIEW
A. ADUs and JADUs require approval of a Building Permit only.
B. The City shall approve or deny a Building Permit application to create an ADU or JADU within 60 days from the date that the City receives a completed application. If the City has not approved or denied the completed application within 60 days, the application is deemed approved unless either:
Article 5 Special Regulations
Paso Robles Zoning Code 5-3
1. The owner of the parcel requests a delay, in which case the 60-day time period is put on hold for the period of the requested delay; or
2. When an application to create an ADU or JADU is submitted with an application to create a new single-family or multi-family dwelling on the same parcel, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-family or multi-family dwelling, but the application to create the ADU or JADU will still be considered ministerial and acted upon without discretionary review or a hearing.
C. If the City denies an application to create an ADU or JADU, the City shall provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments shall be provided to the applicant within the 60-day time period established by Paragraph 21.58.030.B.1 above.
D. A Demolition Permit for a detached accessory structure that is to be replaced with an ADU shall be reviewed with the application for the ADU and issued before or at the same time as the permit for the ADU.
21.58.040. ADU CLASSIFICATIONS.
A. Local ADUs. ADUs that do not meet the criteria for a Statewide Exemption ADU (any of the types of ADUs listed in Table 21.58.040-1 [Criteria for Statewide Exemption ADUs and JADUs]) are subject to the development standards listed in both Sections 21.58.050 (Requirements for all ADUs) and 21.58.060 (Additional Requirements for Local ADUs).
B. Statewide Exemption ADUs and JADUs. ADUs and JADUs described in California Government Code Section 66323 and meeting the criteria in Table 21.58.040-1 (Criteria for Statewide Exemption ADUs and JADUs) are subject to the development standards in Section 21.58.050 (Requirements for all ADUs) only.
Table 21.58.040-1: Criteria for Statewide Exemption ADUs and JADUs Site Type Maximum Number ADU Type
Criteria
Each ADU or JADU shall satisfy all of the
applicable requirements
Lot in a residential or
mixed-use zoning
district with a
proposed or existing
single-family dwelling
One JADU JADU Complies with the requirements of California Government Code Sections 66333 - 66339.
AND
One ADU Interior ADU
(Converted
space)
- Is either:
• within the space of an existing or proposed
single-family dwelling; or
• within the existing space of
an accessory structure, plus up to 150 additional
square feet if the expansion is limited to
accommodating ingress and egress; and
- Has exterior access that is independent of that for
the single-family dwelling; and
- Has side and rear setbacks sufficient for fire and
safety, as dictated by applicable building and fire
codes.
Article 5 Special Regulations
Paso Robles Zoning Code 5-4
Table 21.58.040-1: Criteria for Statewide Exemption ADUs and JADUs Site Type Maximum Number ADU Type
Criteria
Each ADU or JADU shall satisfy all of the
applicable requirements
Detached ADU
(Limited)
- The total floor area (including any attached garage)
is 800 square feet or smaller; and
- The height does not exceed the applicable height
limit in Table 21.58.050-1 (ADU Maximum Height).
Lot in a residential or
mixed-use zoning
district with existing or
proposed multifamily dwellings
At least 1 interior ADU; up to a
quantity equal to 25% of the
number of primary dwelling units
in the proposed or existing multifamily dwelling
Interior ADU
(Converted
space)
- Located within a portion of an existing multi-family
dwelling structure that is not used as habitable
space, including but not limited to storage rooms,
boiler rooms, passageways, attics, basements, or
garages; and
- Complies with State building standards for
dwellings.
OR
No more than 2 detached ADUs
per lot
Detached ADU
(Limited)
- Each ADU is detached from the primary dwelling
units but may be attached to another ADU
- The total floor area of each ADU (including any
attached garage) is 800 square feet or smaller
- The height does not exceed the applicable height
limit in Table 21.58.050-1 (ADU Maximum Height).
21.58.050. REQUIREMENTS FOR ALL ADUS
The following requirements apply to all ADUs and JADUs, including both Statewide Exemption ADUs and Local ADUs. (Local ADUs are also subject to the requirements in Section 21.58.060).
A. Zoning. An ADU may be created on a parcel that is zoned to allow a single-family dwelling or multi-family dwelling.
B. Quantity.
1. On a site with an existing or proposed single-family dwelling unit, a maximum of one JADU and one ADU are allowed (whether Statewide Exemption ADUs or Local ADUs) excepting projects approved pursuant to Chapter 21.65 (Urban Dwelling Units) or Chapter 22.34 (Urban Lot Splits), which are subject to the requirements of those Chapters.
2. On a site with an existing or proposed multi-family dwelling, only one type of Statewide Exemption ADU is allowed as indicated in Table 21.58.040-1 (Criteria for Statewide Exemption ADUs and JADUs).
C. Minimum Size.
1. The minimum size of an ADU or JADU shall be at least that of an efficiency unit as defined in California Health and Safety Code Section 17958.1.
Article 5 Special Regulations
Paso Robles Zoning Code 5-5
2. No application of a development standard shall limit an ADU to less than 800 square feet (including any attached non-habitable space). When necessary, development standards shall be modified by the Zoning Administrator in the following order and only as necessary to enable the construction of an 800 square-foot ADU:
a. Lot coverage (applicable to Local ADU only);
b. Structure separation;
c. Open space (applicable to Local ADU only);
d. Height;
e. Rear and side setbacks;
f. Front setback;
g. Oak tree preservation (Chapter 10.01).
D. Setbacks
1. For an ADU constructed in the same location and to the same dimensions as an existing structure that is enclosed on all sides (for example, not a porch, patio over, or similar) no setback is required.
2. For an ADU (or elements thereof) not constructed in the same location and to the same dimensions as an existing structure, the following setbacks shall apply:
a. The front setback shall be the same as for a primary dwelling unit in the applicable zoning district.
b. The side and rear setback shall be 4 feet.
3. Local ADUs may opt to utilize the height/setback combinations listed in Table 21.58.060-2 (Local ADU Allowed Height/Setback Combinations).
E. Structure Separation. A minimum separation of 6 feet shall be maintained between an ADU and other structures on the property (excepting structures to which they are attached).
F. Maximum Height. The maximum height permitted for an ADU shall be as specified in Table 21.58.050-1 (ADU Maximum Height). Local ADUs have the option to utilize expanded maximum height limits pursuant to Table 21.58-060-2 (Local ADU Allowed Height / Setback Combinations).
Article 5 Special Regulations
Paso Robles Zoning Code 5-6
Table 21.58.050-1: ADU Maximum Height
ADU Type Site Type Maximum Height
Attached ADU All sites 25 feet and no more than 2 stories Detached ADU Site with an existing or proposed multi-family dwelling with more than 1 story above grade
18 feet
Site that is located within one-half mile walking
distance of a major transit stop or a high-quality
transit corridor
18 feet, and up to 2 additional feet in height (for a
maximum of 20 feet) if roof pitch on the ADU is the
same as the roof pitch of the primary dwelling unit.
Site that is located further than one-half mile
walking distance of a major transit stop or a
high-quality transit corridor
16 feet
G. Parking.
1. Generally. One off-street parking space is required for each ADU in addition to parking spaces required for the primary residence(s) and subject to the following:
a. Parking may be provided as tandem parking, including on a paved driveway provided:
(1) No required parking shall be allowed in the front setback unless the driveway has a minimum depth of 20 feet.
(2) Unless otherwise determined by the Zoning Administrator to be unsafe or incompatible with specific site or regional topographical or fire and life safety conditions.
b. Parking shall be located on the same lot as the ADU, on a paved surface, without encroachment beyond the lot boundaries, and accessed by a paved driveway.
2. Exceptions. No parking is required for an ADU in the following situations:
a. JADUs meeting the criteria indicated in Table 21.58.040-1 (Criteria for Statewide Exemption ADUs and JADUs).
b. ADUs converted as part of a proposed or existing space of a primary dwelling or existing accessory structure meeting the criteria indicated in Table 21.58.040-1 (Criteria for Statewide Exemption ADUs and JADUs).
c. ADUs located within one-half mile walking distance of an access point for public transit such as a public bus stop.
d. ADUs located within a historic district (See Chapter 21.62). e. When there is an established car share vehicle stop located within 1 block of the ADU.
Article 5 Special Regulations
Paso Robles Zoning Code 5-7
f. When the permit application to create an ADU is submitted with an application to create a new single-family or new multi-family dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in Subparagraphs 21.58.050.G.2.a through
21.58.050.G.2.e.
3. Replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU on the same lot or is converted to an ADU, those off-street parking spaces are not required to be replaced. This provision does not apply where a JADU is established by conversion of any garage; in which case, the loss of required parking spaces shall be replaced in kind.
4. Parking Design. ADUs shall comply with Chapter 21.48 (Parking and Loading Regulations) and the following standards:
a. Orientation. Parking for ADUs and JADUs shall not be designed so that vehicles can only back into the street if it is an arterial or greater street, as designated in the Circulation Element of the General Plan.
b. Turn Arounds. Parking spaces for ADUs and JADUs shall not block circular drives or hammerhead turn-arounds that serve the primary dwelling unit(s) to provide means by which vehicles can enter a street head-first.
c. Within the Uptown/Town Center Specific Plan, parking shall be designed and located as required for the applicable building type and zoning district.
H. Fire Sprinklers.
1. Fire sprinklers are required in an ADU or JADU if sprinklers are required in the primary residence.
2. The construction of an ADU or JADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling(s).
I. Passageway. No passageway, as defined by Section 21.58.020 (Definitions), is required for an ADU or JADU.
J. Rental Term. No ADU, JADU, or any portion of an ADU or JADU permitted on or after January 1, 2020 shall be rented for a term that is shorter than 30 days.
K. No Separate Conveyance. Except as otherwise provided in California Government Code Section 66341, no ADU or JADU shall be sold or otherwise conveyed separately from the lot and/or the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multi-family lot).
L. JADU Owner Occupancy Requirements. For any property with a JADU, a natural person with legal or equitable title to the parcel shall reside on the same lot in the primary dwelling, an ADU, or the JADU as the person's legal domicile and permanent residence. However, this owner occupancy requirement shall not apply to any JADU owned by a governmental agency, land trust, or housing organization.
M. Deed Restriction. Prior to issuance of a Building Permit for an ADU or JADU, a deed restriction shall be recorded against the title of the property in the County recorder's office and a copy filed with the Zoning Administrator. The deed restriction shall run with the land and bind all future owners. The form of the deed restriction will be provided by the City and shall provide that:
Article 5 Special Regulations
Paso Robles Zoning Code 5-8
1. Except as otherwise provided in California Government Code Sections 66340 - 66342, the ADU or JADU shall not be sold separately from the primary dwelling.
2. The ADU or JADU is restricted to the approved size and to other attributes allowed by this Section.
3. The deed restriction runs with the land and may be enforced against future property owners.
4. The ADU or JADU shall not be rented for a term that is shorter than 30 days.
5. The deed restriction may be removed if the owner eliminates the ADU or JADU. To remove the deed restriction, an owner shall make a written request of the Zoning Administrator, providing evidence that the ADU or JADU has in fact been eliminated. The Zoning Administrator shall then determine whether the evidence supports the claim that the ADU or JADU has been eliminated.
The Planning Commission shall hear and decide appeals of Zoning Administrator decisions pursuant to Chapter 21.25 (Appeals and Calls for Review). If the building containing the ADU or JADU is not entirely physically removed but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements shall otherwise comply with applicable provisions of this Zoning Code.
6. The deed restriction is enforceable by the Zoning Administrator or their designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.
N. City Water. ADUs and JADUs shall be served by City water system unless the property is distant from City water supply as defined by Section 14.06.136 (Private Well Permit Eligibility). Any use of a well shall be subject to the requirements of Chapter 14.06 (Regulations of Well Construction, Repair, Modification, and Destruction).
O. City Sewer. ADUs and JADUs shall be served by the City sewer system when reasonably available as specified in Section 14.08.270 (Permit for Septic System). For ADUs and JADUs where the sewer is not available, a private wastewater system shall meet the requirements of Article III (Private Wastewater Systems) of Chapter 14.08 (Sewerage System Operations) and the Onsite Wastewater Treatment System (OWTS) Policy of the California Regional Water Quality Control Board.
P. Building and Safety.
1. Building Code Compliance. All ADUs and JADUs shall comply with all local building code requirements.
2. No Change of Occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the Building Official or Code Enforcement Division Officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this Subsection prevents the City from changing the occupancy of a space that was non-habitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this Chapter.
Article 5 Special Regulations
Paso Robles Zoning Code 5-9
21.58.060. ADDITIONAL REQUIREMENTS FOR LOCAL ADUS
A. The following development requirements apply only to Local ADUs, which are not Statewide Exemption ADUs (the criteria for Statewide Exemption ADUs is listed in Table 21.58.040-1 [Criteria for Statewide Exemption ADUs and JADUs]).
B. General Development Standards.
Table 21.58.060-1: Local ADU Development Standards
Development Standard Category Requirement
1. Maximum Size of Habitable Space The maximum size of the habitable space for a detached or attached ADU is 1,200 square feet. No application of a development standard shall limit the ADU to less than 800 square feet (including any attached non-habitable space). When necessary, development standards shall be modified pursuant to Paragraph
21.58.050.C.2.
2. Maximum Size of Non-Habitable Space Outside the Uptown/Town Center Specific Plan, the maximum size for any nonhabitable space (e.g., garage) that is part of a detached ADU shall be 500 square feet. Within the Uptown/Town Center Specific Plan, garages shall be as allowed for the applicable building type in the applicable zoning district.
Exceptions shall be subject to approval of a Conditional Use Permit pursuant to Chapter 21.19 (Conditional Use Permits and Administrative Use Permits).
3. Maximum Lot Coverage In the R-1 Zoning District, ADUs shall not cause the total lot coverage to exceed 50 percent.
4. Minimum Open Space ADUs shall be provided 200 square feet of private open space with a minimum dimensions of 10 feet.
5. Landscaping At least one 15-gallon size canopy tree shall be planted for every ADU and JADU. The tree may be located in the private open space, front yard, or as a street tree.
6. Architectural Requirements. The exterior of an ADU shall include 4 or more of the following elements:
a. The same roof style (e.g., gable, hip, etc.) as the roof style of the primary dwelling(s);
b. The same roof slope as the dominant roof slope of the primary dwelling(s), with the dominant roof slope being the slope shared by the largest portion of the roof;
c. The same roof material and color as the primary dwelling(s); d. The same primary siding material or color as the primary dwelling(s); e. The same eave depth as the primary dwelling(s);
f. The same window and door trim as the primary dwelling(s); g. Porch, bay window, or other facade articulation to break up flat wall planes.
7. Entrance The ADU shall have an independent exterior entrance, apart from that of the primary dwelling.
Article 5 Special Regulations
Paso Robles Zoning Code 5-10
Table 21.58.060-1: Local ADU Development Standards
Development Standard Category Requirement
8. Grading ADUs are subject to the numerical grading and hillside development standards in Chapter 21.81 (Hillside Development).
9. Uptown/Town Center Specific Plan ADUs within the Uptown/Town Center Specific Plan shall be subject to the objective standards for the applicable building type and the applicable zoning district except where those standards are more restrictive than this Chapter.
C. Height/Setback Combinations. In addition to the maximum height allowed by Table 21.58.060-1 (Local ADU Development Standards), Local ADUs may utilize the height/setback combinations listed in Table
21.58.060-2 (Local ADU Allowed Height/Setback Combinations).
Table 21.58.060-2: Local ADU Allowed Height / Setback Combinations ADU Type Site Type Minimum Side and Rear Setbacks Maximum Height Attached ADUs: All sites ADU meets all setback requirements for a dwelling unit in the applicable
zoning district.
• As allowed for a primary dwelling unit
in the applicable zoning district.
• In the Uptown/Town Center Specific
Plan, as allowed for the applicable
building type in the applicable zoning
district.
Detached ADUs Sites in the R-1
Zoning District
without B-district
qualifier (for example,
B-1, B-2, B-3, B-4,
and B-5)
ADU meets side setback
requirements for a dwelling unit in
the R-1 Zoning District and has a
rear setback no less than 10 feet.
25 feet and no more than 2 stories
Sites outside the
Uptown/Town Center
Specific Plan with an
alley on the rear
property line
ADU meets side setback
requirements for a dwelling unit in
the applicable zoning district and
has a rear setback no less than 10
feet (a ground floor garage with a
garage door facing the alley may be
set back 4 feet from the rear
property line provided the habitable
portions of the building are set back
10 feet from the property line).
21.58.070. IMPACT FEES.
A. No City-imposed impact fees shall be charged to an accessory dwelling unit that is less than 750 square feet in size. For purposes of this Section, "impact fee" means a "fee" under California Government Code Section 66000(b) and a fee under California Government Code Section 66477. "Impact fee" does not include any connection fee or capacity charge for water or sewer service.
B. The impact fee required for an ADU that is 750 square feet or larger in size shall be charged proportionately in relation to the size of the primary dwelling unit.
Article 5 Special Regulations
Paso Robles Zoning Code 5-11
21.58.080. NONCONFORMING ZONING CODE CONDITIONS, BUILDING CODE VIOLATIONS, AND UNPERMITTED STRUCTURES.
A. Generally. The City shall not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.
B. Unpermitted ADUs Constructed before 2018.
1. Permit to Legalize. As required by State law, the City may not deny a permit to legalize an existing, but unpermitted ADU that was constructed before January 1, 2018, if denial is based on either of the following grounds:
a. The ADU violates applicable building standards, or
b. The ADU does not comply with California Government Code Sections 66310 - 66342 or this Chapter.
2. Exceptions:
a. Notwithstanding Paragraph 21.58.080.B.1 (Permit to Legalize), the City may deny a permit to legalize an existing, but unpermitted ADU that was constructed before January 1, 2018, if the City makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure. b. Paragraph 21.58.080.B.1 (Permit to Legalize) does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section 17920.3.
CHAPTER 21.59. ADULT BUSINESS USES
21.59.010. PURPOSE AND FINDINGS
A. Purpose. The purpose and intent of this Chapter is to provide for the comprehensive and orderly regulation of adult business uses. It is recognized that adult businesses possess certain characteristics that can have a detrimental effect upon adjacent areas. It is also recognized that locating adult businesses in the vicinity of facilities frequented by minors will cause the exposure of minors to adult material that, because of their immaturity, may adversely affect them. Therefore, special regulation of these uses is necessary to ensure that any adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods or have an adverse effect on minors.
The provisions of this ordinance have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult-oriented materials. Similarly, it is neither the intent nor the effect of this ordinance to restrict or deny access by adults to adult-oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of adult-oriented entertainment to their intended market.
Article 5 Special Regulations
Paso Robles Zoning Code 5-12
B. Findings. Based on evidence concerning the adverse secondary effects of adult uses on the community contained in findings incorporated in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 426 U.S. 50 (1976), Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), City of Erie v. Pap's A.M, 120 S. Ct. 1382 (2000) and on studies in other communities including, but not limited to: Phoenix, Arizona (1979); Minneapolis, Minnesota (1980); St. Paul, Minnesota; Houston, Texas (1983); Garden Grove, California (1991); Los Angeles, California (1977); Whittier, California (1978); Austin, Texas (1986); Seattle, Washington (1989); Oklahoma City, Oklahoma (1986); Cleveland, Ohio (1977); Beaumont, Texas (1982); Tucson, Arizona (1990); Indianapolis, Indiana (1984) the City Council finds:
1. Adult businesses are linked to increases in the crime rates in those areas in which they are located and in surrounding areas;
2. Both the proximity of adult businesses to sensitive land uses and the concentration of adult businesses tend to result in blight and deterioration of the areas in which they are located;
3. The proximity and concentration of adult businesses adjacent to residential, recreational, religious, educational uses, as well as their proximity to other adult business uses can have adverse secondary effects on local businesses and residences;
4. There is substantial evidence that an increase in crime tends to accompany, concentrate around, and be aggravated by adult businesses, including but not limited to an increase in the crimes of narcotics distribution and use, prostitution, pandering, and violence against persons and property.
The studies from other cities establish convincing evidence that adult businesses that are not regulated as to permissible locations often have a deleterious effect on nearby businesses in residential areas, causing, among other adverse secondary effects, an increase in crime and a decrease in property values;
5. The locational requirements established by this Chapter do not unreasonably restrict the establishment or operation of constitutionally protected adult businesses in the City of Paso Robles, and a sufficient reasonable number of appropriate locations for adult businesses are provided by this Chapter;
6. Evidence indicates that some dancers, models and entertainers, and other persons who publicly perform sexual activities or publicly display specified anatomical areas in adult businesses have been found to engage in sexual activities with patrons of adult businesses on the site of the adult business;
7. Evidence demonstrates that fully enclosed booths, individual viewing areas, and other small rooms whose interiors cannot be seen from public areas of the establishment regularly have been found to be used as a location for engaging in unlawful sexual activity. Offering and providing such space encourages such activities, which creates unhealthy conditions;
8. Persons frequent certain adult theaters, adult arcades, and other sexually oriented businesses for the purpose of engaging in sex within the premises of such sexually oriented businesses;
9. As a result of the above, and the increase in incidents of sexually transmitted diseases, the City has a substantial interest in adopting regulations that will reduce, to the greatest extent possible, the possibility for the occurrence of prostitution and casual sex acts in adult businesses. At least 50 communicable diseases may be spread by activities occurring in sexually oriented businesses, including, but not limited to, gonorrhea, syphilis, human immunodeficiency virus infection (HIVPage 462 of 878 City Council Agenda Agenda & Addendum September 17, 2024 Article 5 Special Regulations
Paso Robles Zoning Code 5-13
AIDS), genital herpes, hepatitis B, Non A, Non B amebiasis, salmonella infections and shigella infections;
10. Sanitary conditions in some sexually oriented businesses are unhealthy, in part, because the activities conducted there are unhealthy, and in part, because of the unregulated nature of the activities and the failure of the owners and the operators of the facilities to self-regulate those activities and maintain those facilities;
11. A reasonable licensing procedure is an appropriate mechanism to place the burden of that reasonable regulation on the owners and the operators of the sexually oriented businesses.
Further, such a licensing procedure will place an incentive on the operators to see that the adult business is run in a manner consistent with the health, safety and welfare of its patrons and employees, as well as the citizens of the City. It is appropriate to require reasonable assurances that the licensee is the actual operator of the adult business, fully in possession and control of the premises and activities occurring therein;
12. The City Council, in adopting operational standards, recognizes that these standards do not preclude reasonable alternative avenues of communication. The City Council takes note of the proliferation of adult material on the Internet and its availability as an alternative avenue of communication. The City Council also considers and relies on published decisions examining the proliferation of communications on the Internet. Reno v. American Civil Liberties Union, 521 U.S. 844 (1997) (the principle channel through which many Americans now transmit and receive sexually explicit communication is the Internet); Anheuser-Busch v. Schmoke, 101 F.3d 325, 329 (4th Cit. 1996), cert. denied 520 U.S. 1204 (1997)(rejecting a First Amendment challenge to a Baltimore ordinance restricting alcohol advertisements on billboards acknowledging that the Internet is one available channel of communication; U.S. v. Hockings, 129 F.3d 1069 (9th Cir. 1997); see also US. v. Thomas, 74 F.3d 701 (6th Cir. 1996), cert. denied, 519 U.S. 820 (recognizing the Internet as a medium for transmission of sexually explicit material in the context of obscenity prosecutions). The emergence of the Internet brings with it a virtually unlimited additional source of adult oriented sexual material available to interested persons in every community with a mere keystroke. An adult business no longer has to be "actually" physically located in a City to be available in the community;
13. Possible harmful effects may be caused by the exposure of adult businesses to children and minors. The City Council desires to minimize and control the adverse secondary side effects associated with the operation of adult businesses and thereby protect the health, safety, and welfare of its citizens, protect the citizens from increased crime, preserve the quality of life, preserve property values and the character of surrounding neighborhoods and businesses, deter the spread of urban blight and protect against the spread of communicable and sexually transmitted diseases; and
14. The City Council does not intend to proscribe the communication of erotic messages or any other communicative element or activity, but rather only to prevent or reduce the secondary impacts associated with such public nudity.
Article 5 Special Regulations
Paso Robles Zoning Code 5-14
21.59.020. DEFINITIONS
A. The following terms used in this Chapter shall have the specific meanings defined here. In the event of any conflict between these terms and those used in Article 9 (Terms and Definitions) of this Title, the terms defined in this Section shall prevail for adult business uses.
B. “Adult Bookstore” means any establishment selling or renting books, magazines, periodicals or other printed matter, photographs, films, motion pictures, slides, tapes, video cassettes, compact discs (CDs), digital video discs (DVDs), records or any other forms of visual or audio representation, 25 percent or more of which, by number, are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
C. “Adult Business” means any adult bookstore, adult motion picture theater, adult mini-motion picture arcade, adult hotel or motel, adult theater, adult model studio, body painting studio, and any other business involving specific sexual activities or display of specified anatomical areas.
D. “Adult Cabaret” means any nightclub, bar, restaurant, or similar establishment which, as a preponderance of the entertainment presented, features:
1. Live performances which are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas; and/or
2. Films, motion pictures, video cassettes, slides, compact discs (CDs), digital video discs (DVDs), or other photographic reproductions whose dominant or predominant character and theme is the depiction of specified sexual activities or specified anatomical areas for observation by patrons.
E. “Adult Hotel or Motel” means a hotel or motel wherein material is presented which is distinguished or characterized by more than an incidental or occasional portrayal of matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
F. “Adult Mini-Motion Picture Theater” means any establishment with a capacity of up to 5 persons where, for any form of consideration, films, motion pictures, video cassettes, compact discs (CDs), digital video discs (DVDs), slides or similar photographic reproductions are shown, in which 25 percent or more of the total presentation time is devoted to the showing of material whose dominant or predominant character and theme is the depiction of specified sexual activities or specified anatomical areas for observation by patrons.
G. “Adult Model Studio” means any establishment open to the public where for any form of consideration or gratuity, human models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculpted, photographed or otherwise depicted by persons other than the proprietor paying such consideration or gratuity. This provision shall not apply to any school of art, film, association, partnership, corporation or institution which meets the requirements established in the Education Code of the State of California for the issuance or conferring of a diploma.
H. “Adult Motion Picture Arcade” means any place to which the public is allowed or invited wherein coin or token-operated, or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to 5 or fewer persons per machine, at any one time, and where the dominant or predominant character or theme of the images so displayed is depiction of specified sexual activities or specified anatomical areas.
I. “Adult Motion Picture Theater” means any establishment, with the capacity of 6 or more persons where, for any form of consideration, films, motion pictures, slides, tapes, CDs, DVDs or any other form(s) of visual or audio representation, 25 percent of which, by number, are characterized by an emphasis upon the
Article 5 Special Regulations
Paso Robles Zoning Code 5-15
depiction or description of specified sexual activities or specified anatomical areas for observation by patrons.
J. “Adult Theater” means any theater, concert hall, auditorium, or similar establishment, either indoor or outdoor in nature, which for any form of consideration and as a preponderance of the entertainment presented, features live performances whose dominant or predominant character and theme is emphasized on specified sexual activities or exposure of specified anatomical areas for observation by patrons.
K. “Body Painting Studio” means any establishment or business which provides the service of applying paint or any other substance, whether transparent or not, to or on the human body when such body is wholly or partially nude in terms of specified anatomical areas.
L. “Massage Parlor” means any place where for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs. This excludes all medical and dental practitioners and any state-licensed masseuse operating as or in conjunction with a medical or dental office, chiropractor, beauty salon, health gym, or other health-related business.
M. “Nude, Nudity, or State of Nudity” means the showing of the human male or female genitals, pubic area, vulva, anus, or anal cleft with less than a fully opaque covering, the showing of the female breast with less than fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.
N. “Public Parks and Public Facilities” means all public parks, recreational fields, libraries, community centers, and government buildings such as City Hall, the post office, County offices, police and fire stations but does not include publicly owned land leased for private commercial purposes.
O. “Public or Private Educational Facilities” means any institution of learning whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education, including any nursery school, kindergarten, elementary school, junior high school, senior high school, community or junior college, fouryear college or university, or any special institution of learning under the jurisdiction of the State Department of Education. It shall also mean any public or private daycare or preschool provider with greater than 6 children.
P. “Religious Institutions” means any buildings that are used primarily for religious worship and related religious activities.
Q. “Residentially Zoned Properties” means property in the R-A, R-2, R-3, R-4, R-3-0 Zoning Districts (with or without Planned Development Overlay). It includes residential zoning designations in the County outside of City limits.
R. “Specified Anatomical Areas” means and includes any of the following:
1. Less than complete and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point above the top of the areola; or
2. Human male genitals in a discernibly turgid state, even if completely or opaquely covered; or
3. Any device, costume, or covering that simulates any of the body parts included in Paragraphs
21.59.020.R.1 or 21.59.020.R.2 of this Subsection.
Article 5 Special Regulations
Paso Robles Zoning Code 5-16
S. “Specified Sexual Activities” means and includes any of the following:
1. The fondling or touching of human genitals, pubic regions, buttocks, anus or female breasts; or
2. Sex acts, normal or perverted, actual or simulated, including but not limited to, intercourse, oral copulation, or sodomy; or
3. Masturbation, actual or simulated; or
4. Excretory functions as part of, or in connection with, any of the activities set forth in Paragraphs
21.59.020.S.1 through 21.59.020.S.3 of this Subsection.
T. “Youth-oriented Facilities” means any facility used primarily by youths (under 18 years of age) for physical or social activities and operated by a profit or nonprofit organization such as boys and girls clubs, private recreational fields, miniature golf courses, water slides, video arcades and other recreational facilities.
21.59.030. GENERAL REQUIREMENTS
A. Adult Business License Requirement. In order to establish and operate an adult business within the areas allowed under the provisions of this Chapter, an Adult Business License shall be obtained from the Planning Commission. The following rules shall apply:
1. The Planning Commission shall issue or deny the Adult Business License to the applicant after a public hearing, which shall be held within 30 days from receipt of a complete application and the applicable fees.
2. Failure of the Planning Commission to approve or deny the license application within the 30 days shall result in the license being granted.
3. If the application is denied, the Planning Commission shall notify the applicant and explain the reason(s) for denial. Notification shall be sent by certified United States mail, return receipt requested, to the address provided on the license application, which shall be considered the correct address. Each applicant has the burden to furnish any change of address to the Planning Commission, by certified United States mail, return receipt requested.
4. In the event that an application is denied, the applicant may seek review of such action by the City Council in accordance with Subsection 21.59.030.H (Appeal of Denial, Suspension or Revocation).
5. In the event that the applicant does not prevail on its appeal to the City Council, it may seek judicial review pursuant to section 21.59.030.I (Judicial Review).
B. Findings. Prior to approving an application for an Adult Business License, the Planning Commission shall make the following findings:
1. The adult business will be located in an area allowed by the City's Zoning Code; and
2. The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area; and
3. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area; and
Article 5 Special Regulations
Paso Robles Zoning Code 5-17
4. That the conduct of entertainment, as proposed by the applicant, if a license is granted, will comply with all applicable laws, including, but not limited to, all City, County, and State regulations; and
5. The applicant has not knowingly made any false, misleading or fraudulent statement of facts in the license application, or any other document required by the City in conjunction therewith.
C. Establishment Defined. As used in this Chapter, the establishment of an adult business means and includes any of the following:
1. The opening or commencement of any adult business as a new business;
2. The conversion of an existing business, whether or not an adult business, to an adult business;
3. The addition of any adult business to any other existing business; or
4. The relocation of any adult business.
D. Application Requirements.
1. In addition to the submittal requirements for an Adult Business License, the following shall be submitted prior to an application being deemed complete:
a. The name, permanent address, and fingerprints of applicant; b. The name and proposed business address of the applicant. If the applicant is a corporation, the applicant's name shall be exactly as set forth in its articles of incorporation; and the applicant shall show the name and residence address of each of the officers and directors of the corporation. If the applicant is a general partnership or a limited partnership, the application shall show the name and residence address of each of the general partners of the partnership. If the applicant is a limited liability company, the application shall show the name and residence address of each of the managing members of the limited liability company;
c. A detailed description of the proposed entertainment, including type of entertainment and number of persons engaged in the entertainment;
d. Hours of operation and a floor plan showing where the specific entertainment uses are proposed to be conducted within the building and the admission fee, if any, to be charged; e. The name or names of the person or persons who have the management or supervision responsibilities of the applicant's business and of any entertainment; f. A statement of the nature and character of the applicant's business, if any, to be carried on in conjunction with such entertainment;
g. A site area map showing the proposed business location and plotting of all uses listed in compliance with Subsection 21.59.040.A (Location).
Prior to the time limit set forth in Subsection 21.59.030.A (Adult Business License Requirement) within which the Planning Commission shall grant or deny an Adult Business License application, the Police Department shall complete a background investigation of all parties specified above in the application.
Article 5 Special Regulations
Paso Robles Zoning Code 5-18
E. Additional Public Hearing Notices. The public notice required for a public hearing on an application for an Adult Business License shall include mailed notices to all property owners and residents or tenants located within 1,000 feet of the exterior boundaries of the parcel on which the business is proposed to be located.
This shall be in addition to the notice requirements in Section 21.26.030 (Notice Requirements for Hearings).
F. Transfer of License. A licensee shall not transfer his or her license to another, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application.
G. Suspension or Revocation of License. An Adult Business License may be suspended or revoked in accordance with the procedures and standards of this Subsection.
1. Based on a determination that grounds for permit revocation exist, the Planning Commission shall furnish written notice of the proposed suspension or revocation to the licensee. Such notice shall set forth the time and place of a hearing, and the ground(s) upon which the hearing is based, the pertinent code sections and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the last known address of the licensee, or shall be delivered to the licensee personally, at least 10 days prior to the hearing date. Hearings shall be conducted in accordance with the City's procedures.
2. A licensee may be subject to suspension or revocation of his or her permit, or be subject to other appropriate remedial action, including the imposition of additional conditions, for any of the following causes arising from the acts or omissions of the licensee, or an employee, agent, partner, director, stockholder, or manager of an adult business:
a. The licensee has knowingly made any false, misleading, or fraudulent statement of material facts in the application for a permit, or in any report or record required to be filed with the City.
b. The licensee, employee, agent, partner, director, stockholder, or manager of an adult business has knowingly allowed, and has failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of the adult business:
(1) Any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation; (2) Use of the establishment as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation openly occur; (3) Any conduct constituting a criminal offense that requires registration under Section 290 of the California Penal Code;
(4) The occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of Sections 315, 316, or 318 of Subdivision (b) of Section 647 of the California Penal Code;
(5) Any act constituting a violation of provisions in the California Penal Code relating to obscene matter or distribution of harmful matter to minors, including but not limited to Sections 311 to 313.4; or
(6) Any conduct prohibited by this Chapter.
c. Failure to abide by any action previously imposed by an appropriate City official.