Article 5 Special Regulations
Paso Robles Zoning Code 5-19
3. After holding the hearing in accordance with the provisions of this Subsection, if the Planning Commission finds and determines that there are grounds for action, the Planning Commission shall do one of the following:
a. Issue a warning;
b. Suspend the license for a specified period not to exceed 6 months; or c. Revoke the permit.
4. Any adult business that is operating in violation of the requirements of this Zoning Code is declared to constitute a public nuisance and, in addition to actions authorized in this Subsection, may be subject to abatement or enjoined from further operation by the City.
H. Appeal of Denial, Suspension or Revocation. After denial of an application for an adult business license, or after denial of renewal of a license, or suspension or revocation of a license, the applicant or person to whom the license was granted may seek review of such administrative action by the City Council.
I. Judicial Review — Stay Pending Trial Court Decision.
1. Judicial review of any final administrative decision after appeal under this Chapter issuing, denying, suspending or revoking, or imposing other discipline upon, an Adult Business License may be had pursuant to Code of Civil Procedure Section 1094.8. The applicant shall be provided written notice of the time limits references in Code of Civil Procedure Section 1094.8 to the appellant when transmitting the decision.
2. A final administrative decision issuing, denying, suspending or revoking, or imposing other discipline upon, an Adult Business License shall be stayed for a period of 21 days after the decision becomes final, and the adult business shall be entitled to operate pursuant to the permit during the 21-day time period.
3. Upon the timely filing of a request for judicial review pursuant to Code of Civil Procedure Section 1094.6 or Section 1094.8, the administrative decision issuing, denying, suspending, or revoking, or imposing another discipline upon an Adult Business License shall be stayed until the request for judicial review is dismissed or until a decision on the merits is issued by the trial court. The adult business shall be entitled to operate during the stay.
J. Enforcement.
1. Separate Offense for Each Day. Any person who knowingly violates any provision of this Chapter shall be guilty of a separate offense for each and every day during any portion of which any such person commits, continues, allows, or causes a violation thereof and shall be punished accordingly.
2. Public Nuisance. Any use or condition caused or allowed to exist in violation of any of the provisions of this Chapter shall be and is hereby declared a public nuisance and may be summarily abated by the City pursuant to Chapter 9.06 (Nuisance Abatement) of Title 9 (Public Safety) of the City’s Municipal Code. Any person who knowingly violates, causes, or permits another person to violate any provision of this Chapter commits an infraction. Any person convicted of an infraction shall be subject to a fine to the maximum amount allowed by State law. Any person twice convicted of an infraction for repeat violations of the same provision within a 12-month period may be charged with a misdemeanor upon being issued a citation for the repeated violation of the same
Article 5 Special Regulations
Paso Robles Zoning Code 5-20
provision. Any person convicted of a misdemeanor shall be subject to punishment to the maximum extent permitted by State law.
3. Civil Injunction. The violation of any provision of this Chapter shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of City, create a cause of action for injunctive relief.
4. Administrative Penalties. In addition to the civil remedies and criminal penalties set forth above, any person who violates the provisions of this Chapter may be subject to administrative penalties, as set forth by the City.
K. Severability. If any section, subsection, subdivision, sentence, clause, or phrase in this Chapter or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Chapter or any part thereof. The City Council hereby declares that it would have passed each section irrespective of the fact that nay one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.
21.59.040. DEVELOPMENT AND PERFORMANCE STANDARDS
Any adult business otherwise authorized and/or operating within the City shall be established, located, and operated consistent with each and every of the following:
A. Location.
1. All adult businesses as defined in this Chapter shall be located in the Airport (AP) Zoning District only.
2. Within the AP Zoning District, no adult businesses shall be established within 500 feet of the following uses within or outside the City limits:
a. Residentially zoned properties;
b. Public or private educational facilities;
c. Religious institutions;
d. Public parks and public facilities;
e. Youth-oriented facilities;
f. Bars or taverns.
3. Within the AP Zoning District, no adult business may be established within 1,000 feet of another adult business as defined by Section 21.59.020 (Definitions).
4. The distance of 500 or 1,000 feet shall be measured in a straight line from the closest property line of the adult business to the closest property line of any of the preceding uses.
Article 5 Special Regulations
Paso Robles Zoning Code 5-21
B. Limitations on Display of Harmful Matter in Newsracks. The limitations on display of material, which is harmful to minors as contained within Chapter 11.35 (Newsracks) of Title 11 (Streets and Sidewalks) of the City’s Municipal Code, shall apply to private property as well as to the public right-of-way.
C. Prohibition Against Minors in an Adult Business. It shall be unlawful for any licensee, operator, or other person in charge of any adult business to allow to enter, or remain within the adult business, any person who is not at least 18 years of age or to provide any service for which this Chapter requires a license, to any person who is not at least 18 years of age.
D. Concealing Specified Sexual Activities and Specified Anatomical Areas from Public View. No adult business shall be operated in any manner that allows the observation of any material or activities depicting, describing, or relating to specified sexual activities or specified anatomical areas from any public way or from any location outside the building or area of such establishment. This provision shall apply to any display, decoration, sign, show window, or other opening. No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times.
E. Posting Notices Relating to Minors. No person under the age of 18 years shall be allowed within an adult business at any time. The building entrance to an adult business shall be clearly and legibly posted with a notice indicating that persons under 18 years of age are prohibited from entering the premises. Said notice shall be constructed and posted to the satisfaction of the Director or his or her designee.
F. Indoor Areas Open to View by Management. All indoor areas of the adult business where patrons or members of the public are allowed, excluding restrooms, shall be open to view by management at all times.
G. Security Guards. Any adult business shall employ security guards in order to maintain the public peace and safety, based upon the following standards:
1. Adult businesses featuring live entertainment shall provide at least 1 security guard at all times while the business is open. If the occupancy limit of the adult business is greater than 35 persons, an additional security guard shall be on duty.
2. Security guards shall be charged with preventing violations of law and enforcing compliance by patrons with the requirements of these regulations. Security guards shall be uniformed in such a manner so to as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of State law. No security guard required pursuant to this Subsection shall act as a door person, ticket seller, ticket taker, admittance person, entertainer or performer, or sole occupant of the manager's station while acting as a security guard.
H. Register and License Number of Employees.
1. Each person who will perform in live entertainment depicting specified anatomical areas or involving specified sexual activities shall submit a registration form to the Chief of Police that contains the person' s name, residence address, telephone number, driver's license number and written evidence that the person is at least 18 years of age.
2. Unless the person cannot provide written evidence of his or her age, upon the submission of such registration form, the person shall be issued a temporary license to perform in live entertainment as described in Paragraph 21.59.040.H.1 of this Subsection.
Article 5 Special Regulations
Paso Robles Zoning Code 5-22
3. The Chief of Police or his or her designee shall issue a permanent license to the person within 10 days of receipt pending verification of the person's age.
4. Every licensee of an adult business that provides live entertainment depicting specified anatomical areas or involving specified sexual activities shall maintain a register of all past and current persons so performing at the adult business and their license numbers. Such register shall be available for inspection during regular business hours by any Police Officer of the City.
I. Inspection.
1. An applicant or licensee shall allow representatives of the Police Department, Emergency Services Department, Community Development Department or other City departments or agencies to inspect the premises of an adult business for the purpose of ensuring compliance with the law, at any time the adult business is occupied or open for business.
2. It is a violation of this Chapter for a person who operates an adult business or that person's agent or employee to refuse to allow such lawful inspection of the adult business at any time it is open for business.
J. Restroom Facilities. The adult business shall provide and maintain separate restroom facilities for male patrons and employees and female patrons and employees. Male patrons and employees shall be prohibited from using the restroom(s) for females, except to carry out duties of repair, maintenance and cleaning of the restroom facilities. The restrooms shall be free from any adult material. Restrooms shall not contain television monitors or other motion picture or video projection, recording, or reproduction equipment.
The foregoing provisions of this Subsection shall not apply to an adult business that deals exclusively with the sale or rental of adult material that is not used or consumed on the premises, such as an adult bookstore or adult video store, and which does not provide restroom facilities to its patrons or the general public.
K. Additional Regulations for Adult Motion Picture Arcade. Any adult business that is also an adult motion picture arcade shall comply with the following provisions:
1. The interior of the adult business shall be configured in such a manner that there is an unobstructed view from a manager station of every area of the adult business to which any patron is allowed access for any purpose, excluding restrooms. If the adult business has 2 or more manager stations designated, then the interior of the adult motion picture arcade shall be configured in such a manner that there is an unobstructed view from at least 1 of the manager stations of each area of the adult business to which any patron is allowed access.
2. It shall be the duty of the licensee to ensure that the view area required by Paragraph
21.59.040.K.1 of this Subsection is at all times unobstructed by any doors, walls, merchandise, display racks, or other materials while the adult business is open to patrons.
3. No viewing room or booth may be occupied by more than 1 person at any time.
4. The walls or partitions between viewing rooms or booths shall be maintained in good repair at all times, with no holes between any 2 such rooms such as would allow viewing from one booth into another or such as to allow physical contact of any kind between the occupants of any 2 such booths or rooms.
5. Customers, patrons, or visitors shall not be allowed to stand idly by in the vicinity of any such video booths, or remain in the common area of such adult business, other than the restrooms, unless actively engaged in shopping for or reviewing the products available or on display for purchaser
Article 5 Special Regulations
Paso Robles Zoning Code 5-23
viewing. Signs prohibiting loitering shall be posted in prominent places in and near the video booths.
6. The floors, seats, walls, and other interior portions of all video booths shall be maintained clean and free from waste and bodily secretions. The presence of human excrement, urine, semen, or saliva in any such booth shall be evidence of improper maintenance and inadequate sanitary controls.
L. Additional Regulations Relating to Live Entertainment. The following additional requirements shall pertain to adult businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities, except for businesses regulated by the California Department of Alcoholic Beverage Control.
1. No person shall perform live entertainment for patrons of an adult business except upon a stage that is at least 24 inches above the level of the floor and which is separated by a distance of at least 10 feet from the nearest area occupied by patrons. A fixed rail(s) at least 30 inches in height shall be maintained by establishing the separations between performers and patrons required by this Subsection.
2. "Performer" shall mean any person who is an employee or independent contractor of the adult business, or any person who, with or without compensation or other form of consideration, performs live entertainment for patrons of an adult business.
3. The adult business shall provide separate dressing room facilities for performers, which are exclusively dedicated to the performers' use.
4. The adult business shall provide an entrance/exit for performers that is separate from the entrance/exit used by patrons.
5. The adult business shall provide access for performers between the stage and the dressing rooms, which is completely separated from the patrons. If such separate access is not physically feasible, the adult business shall provide a minimum three-foot wide walk aisle for performers between the dressing room area and the stage, with a railing, fence, or other barrier separating the patrons and the performers that is capable of preventing any physical contact between patrons and performers.
6. No performers, either before, during, or after performances, shall have physical contact with any patron and no patron shall have physical contact with any performer either before, during, or after performances by such performer. This Paragraph shall only apply to physical contact anywhere on or within the premises of the adult business, including off-street parking areas.
7. No patron shall directly pay or give any gratuity to any performer, and no performer shall solicit any pay or accept any gratuity from any patron.
8. No owner or other person with managerial control over an adult business shall allow any person on the premises of the adult business to engage in a live showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque coverage over any part of the nipple or areola and/or covered male genitals in a discernibly turgid state. This Paragraph may not be complied with by applying an opaque covering simulating the appearance of the specified anatomical part required to be covered.
Article 5 Special Regulations
Paso Robles Zoning Code 5-24
M. Additional Regulations for Adult Motels.
1. Evidence that a sleeping room in a hotel, motel, or a similar commercial establishment has been rented and vacated 2 or more times in a period of time that is less than 10 hours creates a rebuttable presumption that the establishment is an adult hotel or motel.
2. It is a violation of this Chapter when, as a person in control of a sleeping room in a hotel, motel or similar commercial establishment that does not have an Adult Business License, the person rents or sub-rents a sleeping room to a person and, within 10 hours from the time the room is rented, rents or sub- rents the same sleeping room again.
3. For purposes of Paragraphs 21.59.040.M.1 and 21.59.040.M.2 of this Subsection, the terms "rent" or "sub-rent" mean the act of allowing a room to be occupied for any form of consideration.
N. Additional Regulations Relating to the Exhibition of Sexually Explicit Films, Videos or Live Entertainment in Viewing Rooms. A person who operates or causes to be operated an adult business, other than an adult motel, which exhibits on the premises in a viewing room of less than 150 square feet of floor space, a film, video cassette, CD, DVD, live entertainment or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:
1. Upon application for an adult business license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of 1 or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be allowed. A manager's station may not exceed 32 square feet of floor area. The diagram shall also designate the place at which the license will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale or with marked dimensions of all areas of the interior of premises to an accuracy of plus or minus 6 inches. The Chief of Police may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was first prepared.
2. No alteration in the configuration or location of a manager's station may be made without the prior written approval of the Chief of Police.
3. It is the duty of the licensee of the adult business to ensure that at least 1 licensed employee is on duty and situated in each manager's station at all times that any patron is present inside the adult business.
4. The interior of the adult business shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the adult business to which any patron is allowed access for any purpose, excluding restrooms. Restrooms may not contain video viewing equipment. If the adult business has 2 or more designated manager' s stations, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the adult business to which any patron is allowed access for any purpose from at least 1 of the manager's stations. The view required by this Subsection shall be by direct line of sight from the manager's station.
5. It shall be the duty of the licensee to ensure that the view area specified in this Subsection remains unobstructed at all times by any doors, curtains, partitions, walls, merchandise, display racks or other materials.
Article 5 Special Regulations
Paso Robles Zoning Code 5-25
6. It shall be the duty of the licensee to ensure that no patron is allowed access to any area of the adult business, which has been designated, as an area in which patrons will not be allowed pursuant to Paragraph 21.59.040.N.1 of this Subsection.
7. No viewing room may be occupied by more than 1 person at any time.
8. The adult business shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are allowed access at an illumination of not less than 5 foot candles as measured at the floor level.
9. It shall be the duty of the licensee to ensure that the illumination required by this Subsection is maintained at all times that any patron is present in the premises.
10. No openings of any kind shall exist between viewing rooms or booths.
11. No person shall make or attempt to make an opening of any kind between viewing booths or rooms.
12. The licensee shall, during each business day, regularly inspect the walls between the viewing booths to determine if any openings or holes exist, and, if any do exist, promptly repair any such openings or holes prior to any use of such booths by patrons.
13. The licensee shall cause all floor coverings in viewing booths to be nonporous, easily cleanable surfaces, with no rugs or carpeting.
14. The licensee shall cause all wall surfaces and ceiling surfaces in viewing booths to be constructed of, or permanently covered by, nonporous, easily cleanable material. No wood, plywood, composition board or other porous material shall be used within 48 inches of the floor.
15. It is a violation of this Chapter for a person having a duty under this Subsection to knowingly fail to fulfill that duty.
O. Additional Regulations for Adult Model Studios.
1. An adult model studio shall not employ any person under the age of 18 years.
2. It is a violation of this Chapter for a person under the age of 18 years to appear semi-nude or in a state of nudity in or on the premises of an adult model studio. It is a defense to prosecution under this Section if the person under 18 years was in a restroom not open to public view or visible to any other person.
3. It is a violation of this Chapter for a person to appear in a state of nudity, or knowingly allow another to appear in a state of nudity in an area of an adult model studio premises, which can be viewed from the public right-of-way.
4. An adult model studio shall not place or allow a bed, sofa, or mattress in any room on the premises, except that a sofa may be placed in a reception room open to the public.
Article 5 Special Regulations
Paso Robles Zoning Code 5-26
CHAPTER 21.60. CANNABIS
21.60.010. PURPOSE AND APPLICABILITY
The purpose of this Chapter is to regulate personal, medical, and commercial cannabis uses. Nothing in this Chapter shall preempt or make inapplicable any provision of State or Federal law.
21.60.020. DEFINITIONS
The definitions for this Chapter shall be as defined in Section 3.22.030 (Definitions) of the Municipal Code.
Additionally, the following definitions shall apply:
A. "Commercial cannabis activity" includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, distribution, or sale of cannabis and cannabis products for recreational use.
B. "Delivery" means the commercial transfer of cannabis or cannabis products to a customer. "Delivery" also includes the use by a retailer of any technology platform owned and controlled by the retailer, or independently licensed under California law, that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of cannabis or cannabis products.
C. "Licensee" means the holder of any state issued license related to cannabis activities, including but not limited to licenses issued under Division 10 of the California Business and Professions Code.
D. "Cannabis accessories" means any equipment, products, or materials of any kind that are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing cannabis or cannabis products into the human body.
E. "Private residence" means a house, an apartment unit, a mobile home, or other similar dwelling.
F. "Sale" includes any transaction whereby, for any consideration, title to cannabis is transferred from 1 person to another, and includes the delivery of cannabis or cannabis products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of cannabis or cannabis products by a licensee to the licensee from whom such cannabis or cannabis products was purchased.
G. Any term defined in this section also means the very term as defined in the California Business and Professions Code or the California Health and Safety Code, unless otherwise specified.
Article 5 Special Regulations
Paso Robles Zoning Code 5-27
21.60.030. GENERAL REGULATIONS
A. Personal Recreational Use.
1. General. For purposes of this Subsection, personal recreational use, possession, purchase, transport, or dissemination of cannabis shall be considered unlawful in all areas of the City to the extent it is unlawful under State law.
2. Outdoor Cultivation. A person may not plant, cultivate, harvest, dry, or process cannabis plants outdoors in any zoning district of the City. No use permit, building permit, variance, or any other permit or entitlement, whether administrative or discretionary, shall be approved or issued for any such use or activity.
3. Indoor Cultivation. A person may not plant, cultivate, harvest, dry, or process cannabis plants inside a private residence, or inside an accessory structure to a private residence located upon the grounds of a private residence, or inside any other enclosed structure within any zoning district of the City. No Use Permit, Building Permit, Variance, or any other permit or entitlement, whether administrative or discretionary, shall be approved or issued for any such use or activity. a. Subject to obtaining an Indoor Cultivation Permit from the Community Development Department, this Chapter shall not prohibit the cultivation of 6 or fewer live cannabis plants within a single private residence or inside an accessory structure located upon the grounds of a private resident that is fully enclosed and secured and in compliance with Health and Safety Code Sections 11362.1 and 11362.2.
b. The Community Development Department will issue application and processing guidelines for the Indoor Cultivation Permit. No Indoor Cultivation Permit shall be issued prior to the release of these guidelines, and no permit shall be granted which has not complied fully with the application and processing requirements. The City Council may institute a fee for the Indoor Cultivation Permit by resolution.
B. Medical Use.
1. Cultivation of medical cannabis pursuant to Section 11362.77 of the California Health & Safety Code is subject to the cultivation requirements laid out in Subsection 21.60.030.A (Personal Recreational Use) of this Section.
2. The establishment or operation of any medical cannabis collective, cooperative, dispensary, operator, establishment, or provider shall be considered a prohibited use in all zoning district of the City. No Use Permit, Variance, Building Permit, or any other entitlement or permit, whether administrative or discretionary, shall be approved or issued for the establishment of any collective, cooperative, dispensary, operator, establishment, or provider in any zoning district, and no person shall otherwise establish such businesses or operations in any zoning district.
3. Exception. The establishment or operation of a medical cannabis delivery service is allowed in the City, provided a Use Permit, Variance, Building Permit, Business License, and all other entitlements or permits have been approved pursuant to this Zoning Code.
4. Medical cannabis delivery services are only conditionally allowed in the Riverside Corridor (RSC) and the C-3 Zoning District, subject to the granting of a Conditional Use Permit and all of the following requirements:
Article 5 Special Regulations
Paso Robles Zoning Code 5-28
a. Medical cannabis delivery services shall operate from a physical location that is properly licensed by the State and shall perform retail sales exclusively by delivery. Medical cannabis shall not be offered, displayed, provided or sold from a storefront open to the general public. All other commercial cannabis activity shall be prohibited at the premises. b. Sales of non-medical, adult-use cannabis from the premises shall be prohibited. c. Pursuant to California Business and Professions Code Section 26054(b), medical cannabis delivery services shall not be located within a 600-foot radius of a school providing instruction in kindergarten or any grades 1 through 12, day care center, or youth center that is in existence at the time the license is issued, unless the Planning Commission finds that the proposed site will not pose a threat to the public health, safety, and welfare of the surrounding community and properties. d. The Planning Commission shall serve as the review authority for issuance of a Conditional Use Permit to medical cannabis delivery services. In addition to complying with all procedures and requirements for issuance of a Use Permit specified in Chapter
21.19 (Conditional Use Permits and Administrative Use Permits), the Planning Commission shall consider the following additional factors in determining whether to approve or deny a Conditional Use Permit:
(1) Whether the use is likely to enhance the economic vitality of the area in which is proposed to be located;
(2) Whether the applicant has adequately addressed potential adverse impacts of the use and appropriate mitigation measures;
(3) Whether the proposed use is likely to result in an overconcentration of the use in the surrounding area; and
(4) The extent of support or opposition to the proposed use and location from members of the community.
e. All Conditional Use Permits issued pursuant to this Subsection shall be conditioned on the permittee's compliance with all State laws and regulations applicable to medical cannabis delivery services, including obtaining and maintaining lawful possession of all necessary State license(s) prior to and during operation of the business. Violations of any applicable State licensing requirements shall be deemed violations of the Conditional Use Permit and may result in revocation of the Conditional Use Permit. f. The Director or his or her designee is authorized to develop an appropriate application form and to administer reasonable guidelines and policies necessary to carry out the purposes and intent of Paragraph 21.60.030.B.4 of this Subsection.
C. Commercial Cannabis Activity.
1. The establishment or operation of any business of commercial cannabis activity is prohibited, unless explicitly authorized pursuant to this Chapter. No Use Permit, Variance, Building Permit, or any other entitlement or permit, whether administrative or discretionary, shall be approved or issued for the establishment or operation of any such business or operation. Such prohibited businesses or operations may include, but are not limited to:
Article 5 Special Regulations
Paso Robles Zoning Code 5-29
a. The transportation, storage, distribution, or sale of cannabis, cannabis products, or cannabis accessories;
b. The cultivation of cannabis;
c. The manufacturing or testing of cannabis, cannabis products, or cannabis accessories; or d. Any other business licensed by the State or other government entity under Division 10 of the California Business & Professions Code, as it may be amended from time to time.
2. Exception. The establishment or operation of a commercial cannabis delivery service (for example, non-storefront retail) is allowed in the City only if a Use Permit, Variance, Building Permit, Business License, and all other entitlements or permits have been approved pursuant to this Chapter. The City Council, by resolution, may decide the number of permits authorized to operate a commercial cannabis delivery service within the City. Commercial cannabis delivery services are only allowed in the Riverside Corridor (RSC) and the C-3 Zoning District, subject to the granting of a Conditional Use Permit.
a. In addition to complying with all procedures and requirements for issuance of a Use Permit specified in Chapter 21.19 (Conditional Use Permits and Administrative Use Permits), the Planning Commission shall consider the following additional factors in determining whether to approve or deny a Conditional Use Permit:
(1) Whether the use is likely to enhance the economic vitality of the area in which is proposed to be located;
(2) Whether the applicant has adequately addressed potential adverse impacts of the use and appropriate mitigation measures;
(3) Whether the proposed use is likely to result in an overconcentration of the use in the surrounding area; and
(4) The extent of support or opposition to the proposed use and location from members of the community.
D. Commercial Cannabis Delivery Activity – Operational Requirements.
1. No person shall deliver commercial cannabis anywhere in the City unless they comply with the procedures and requirements of this Chapter.
2. Commercial cannabis delivery services, including those physically located outside the City but delivering to customers within the City, are allowed to deliver commercial cannabis subject to the following requirements:
a. All cannabis delivery services shall comply with all applicable State and local laws and regulations.
b. All cannabis delivery services shall pay all applicable taxes, including in accordance with Chapter 3.22 (Cannabis Business Tax) of Title 3 (Revenue and Finance) of this Municipal Code.
Article 5 Special Regulations
Paso Robles Zoning Code 5-30
c. All cannabis delivery service shall maintain accurate books and records, detailing revenues and expenses of the business it does in the City. At any time upon reasonable request of the City, each cannabis delivery service shall file a sworn statement detailing:
(1) the number of sales by the cannabis delivery service; and (2) taxes paid pertaining to cannabis delivery in the City during the previous 12- month period (or shorter period based upon the timing of the request). d. All cannabis delivery services shall obtain all State and local approvals and permits as required in this Chapter and shall be able to show compliance with the regulations of the originating jurisdictions, if applicable.
e. All deliveries of cannabis to customers shall only be allowed in the City between the hours of 8:00 A.M. and 10:00 P.M.
f. All cannabis delivery services shall provide the City Manager with the name and contact information of an owner and manager who can be reached 24 hours a day. This contact information shall be kept current and shall be updated as necessary to ensure compliance with this Chapter.
E. Cannabis Delivery Activity – Delivery from Outside the City.
1. Cannabis delivery is allowed in the City by operators with physical locations located outside the City, subject to the requirements of this Chapter.
2. All cannabis delivery services shall obtain and maintain a valid business license in accordance with this Chapter and Chapter 3.28 (Business License Tax). In addition to the requirements of Section
3.28.090 (Application—Contents), the applicant, at a minimum, shall submit the following:
a. A completed and signed application;
b. The requisite application fee;
c. Copies of any required State and local licenses to conduct cannabis activity; d. Information and documentation demonstrating compliance with this Chapter; e. The physical address of the property upon which the applicant conducts the cannabis activity (for example, the location where deliveries originate); f. List of all vehicles (make, model, and license plate) that are eligible to conduct delivery in the City. This list shall be kept current by the applicant throughout the duration of the license; and
g. Any information or documentation deemed necessary by the City.
3. Each Business License shall be renewed annually in accordance with Section 3.28.110 (Renewal Business License Tax Certificate). In addition to the requirements of Section 3.28.110 (Renewal Business License Tax Certificate), the applicant shall demonstrate that the requirements of this Chapter remain satisfied.
Article 5 Special Regulations
Paso Robles Zoning Code 5-31
4. Any person aggrieved by any decision with respect to the issuance or refusal to issue such Business License may appeal to the City Manager as set forth in Section 3.28.140 (Appeal).
F. Existing Medical Cannabis Delivery Services.
1. Pursuant to the provisions of this Subsection, medical cannabis delivery services lawfully operating in the City pursuant to Subsection 21.60.030.B (Medical Use) of this Section as of November 17, 2022 shall be authorized to temporarily deliver commercial cannabis under the terms and conditions of such existing Conditional Use Permit and the operational requirements set forth in Subsection 21.60.030.D (Commercial Cannabis Delivery Activity – Operational Requirements) of this Section.
2. This temporary authorization shall not grant, guarantee, or entitle the qualifying medical cannabis delivery services to issuance of a permit under this Chapter, nor to a permit under a future superseding ordinance or regulatory framework.
3. The temporary authorization shall terminate based upon the earliest of the following events:
a. From 12 months after the effective date of this ordinance, the temporary authorization shall automatically terminate with no further action or notice required by the City. b. Upon adoption of a superseding ordinance or regulatory framework of commercial cannabis, the temporary authorization to deliver commercial cannabis shall be deemed extended until final approval or denial of the permit, and thereafter the temporary authorization shall be deemed terminated and of no further force and effect. Failure to timely submit a complete application shall result in termination of the temporary authorization.
4. The temporary authorization granted pursuant to this Subsection does not, in any way, create any right, interest, or entitlement to sell or deliver commercial cannabis. The City may, at any time and for any reason, terminate this temporary authorization.
5. The assignment or transfer or attempt to assign or transfer the temporary authorization is unlawful and shall be null and void.
6. The temporary authorization under this Subsection is justified due to the fact that the medical cannabis delivery services previously allowed under Subsection 21.60.030.B (Medical Use) of this Section have undergone extensive review, examination, and scrutiny in Conditional Use Permit proceedings and the findings necessary to establish a medical cannabis delivery service have been made.
21.60.040. VIOLATIONS
No person, whether as principal, agent, employee or otherwise, shall violate, cause the violation of, or otherwise fail to comply with any of the requirements of this Chapter. Every act prohibited or declared unlawful, and every failure to perform an act made mandatory by this Chapter, shall be a misdemeanor or an infraction, at the discretion of the City Attorney or the District Attorney. In addition to the penalties provided in this Section, any condition caused or allowed to exist in violation of any of the provisions of this Chapter is declared a public nuisance and may be abated as provided Chapters 1.02 (Penalties) and 1.03 (Administrative Citation) and/or under State law.
Article 5 Special Regulations
Paso Robles Zoning Code 5-32
CHAPTER 21.61. DENSITY BONUS
21.61.010. PURPOSE.
The purpose of this Chapter is to establish a program in accordance with Section 65915 et seq., of the California Government Code to provide both density increases and other incentives to encourage the creation of housing affordable to moderate-, low-, and very low-income households and units intended to serve seniors, transitional foster youth, disabled veterans, homeless persons, and lower income in the threshold amounts specified in State law.
21.61.020. APPLICABILITY
A. General. All proposed housing developments that qualify under California Government Code Section 65915 for a density increase and other incentives, and any qualified land transfer under California Government Code Section 65915, shall be eligible to apply for a density bonus (including incentives and/or concessions) consistent with the requirements, provisions, and obligations set forth in California Government Code Section 65915 et seq, as may be amended.
B. Compliance. The applicant shall comply with all requirements stated in California Government Code Sections 65915 through 65918 (also referred to as California Government Code Section 65915 et seq and State Density Bonus Law). The requirements of State Density Bonus Law, and any amendments thereto, shall prevail over any conflicting provision of this Code.
C. Excluded Development. An applicant shall not receive a density bonus or any other incentive or concession if the housing development would be excluded under State Density Bonus Law.
D. Interpretation. The provisions of this subdivision shall be interpreted to implement and be consistent with the requirements of State Density Bonus Law. Any changes to State Density Bonus Law shall be deemed to supersede and govern over any conflicting provisions contained herein. If any portion of this Chapter conflicts with State Density Bonus Law or other applicable State law, State law shall supersede this Chapter. Any ambiguities in this Chapter shall be interpreted to be consistent with State Density Bonus Law.
E. Replacement Housing Requirement. Pursuant to subdivision (c)(3) of California Government Code Section 65915, the applicant will be ineligible for a density bonus or other incentives unless the applicant complies with the replacement housing requirements therein, including in the following circumstances:
1. The housing development is proposed on any parcel(s) on which rental dwelling units are subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income;
2. The housing development is proposed on any parcel(s) on which rental dwelling units that were subject to a recorded covenant, ordinance, or law that restricted rents to levels affordable to persons and families of lower or very low income have been vacated or demolished in the five-year period preceding the application;
3. The housing development is proposed on any parcel(s) on which the dwelling units are occupied by lower or very low-income households; or
4. The housing development is proposed on any parcel(s) on which the dwelling units that were occupied by lower or very low-income households have been vacated or demolished in the fiveyear period preceding the application.
Article 5 Special Regulations
Paso Robles Zoning Code 5-33
21.61.030. DENSITY INCREASE AND OTHER INCENTIVES/CONCESSIONS A. General. If a qualifying affordable housing project or land transfer meets the criteria of California Government Code Section 65915 et seq., the project shall be granted a density bonus, the amount of which shall be as specified in California Government Code Section 65915 et seq., and incentives or concessions also as described in California Government Code Section 65915 et seq.
B. Density Bonus Units. Except as otherwise required by California Government Code Section 65915, the density bonus units shall not be included when calculating the total number of housing units that qualifies the housing development for a density bonus.
C. Market-rate Senior Citizen Housing Developments. Market-rate senior citizen housing developments that qualify for a density bonus shall not receive any other incentives or concessions unless California Government Code Section 65915 is amended to specifically require that local agencies grant incentives or concessions for senior citizen housing developments.
21.61.040. PHYSICAL CONSTRAINTS AND PARKING WAIVERS.
A. Physical Constraints. Except as restricted by California Government Code Section 65915 et seq, the applicant for a density bonus may submit a proposal for the waiver or reduction of development standards that have the effect of physically precluding the construction of a housing development incorporating the density bonus and any incentives or concessions granted to the applicant. A request for a waiver or reduction of development standards shall be accompanied by documentation demonstrating that the waiver or reduction is physically necessary to construct the housing development with the additional density allowed pursuant to the density bonus and incorporating any incentives or concessions required to be granted. The City shall approve a waiver or reduction of a development standard, unless it finds that:
1. The application of the development standard does not have the effect of physically precluding the construction of a housing development at the density allowed by the density bonus and with the incentives or concessions granted to the applicant;
2. The waiver or reduction of the development standard would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of California Government Code Section 65589.5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact;
3. The waiver or reduction of the development standard would have an adverse impact on any real property that is listed in the California Register of Historical Resources; or
4. The waiver or reduction of the development standard would be contrary to State or Federal law.
B. Parking. The applicant may request, and the City shall grant, a reduction in parking requirements in accordance with California Government Code Section 65915(p), as that section may be amended from time to time.
21.61.050. RETENTION OF DENSITY BONUS UNITS.
Consistent with the provisions of California Government Code Section 65915 et seq., prior to a density increase or other incentives being approved for a project, the City and the applicant shall agree in writing to an appropriate method of ensuring the continued availability of the density bonus units.
Article 5 Special Regulations
Paso Robles Zoning Code 5-34
21.61.060. APPLICATION PROCEDURE FOR DENSITY INCREASE OR OTHER
INCENTIVES/CONCESSIONS
A. An application for a density increase or other incentives under this Chapter for a housing development shall be submitted in writing to the City to be processed concurrently with all other entitlements of the proposed housing development. The application for a housing development shall contain information sufficient to fully evaluate the request under the requirements of this Chapter, and in connection with the project for which the request is made, including, but not limited to, the following:
1. A brief description of the proposed housing development;
2. The total number of housing units and/or shared housing units proposed in the development project, including unit sizes and number of bedrooms. For the purposes of this Section, a “shared housing unit” means 1 or more habitable rooms, not within another dwelling unit, that includes a bathroom, sink, refrigerator, and microwave, is used for permanent residence, that meets the “minimum room area” specified in Section R304 of the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations), and complies with the definition of “guestroom” in Section R202 of the California Residential Code;
3. The total number of units proposed to be granted through the density increase and incentive program over and above the otherwise maximum density for the project site;
4. The total number of units to be made affordable to or reserved for sale, or rental to, very low, lowor moderate-income households, or senior citizens, or other qualifying residents;
5. The zoning, General Plan designations, and assessor’s parcel number(s) of the project site;
6. A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveway(s) and parking layout;
7. Within zoning districts that rely on a form-based code, a base density study that identifies the density feasible on the site without incentives, concessions, or density bonuses;
8. The proposed method of ensuring the continued availability of the density bonus units; and
9. A list of any concession(s) or incentive(s) being requested to facilitate the development of the project, and a description of why the concession(s) or incentive(s) is needed.
B. The application shall be considered by the Planning Commission and/or the City Council at the same time each considers the project for which the request is being made. If the project is not to be otherwise considered by the Planning Commission or the City Council, the request being made under this Chapter shall be considered by the Director or designee, separately. The request shall be approved if the applicant complies with the provisions of California Government Code Section 65915 et seq.
CHAPTER 21.62. HISTORIC PRESERVATION
21.62.010. PURPOSE AND APPLICABILITY
The purpose of the Historic Preservation Ordinance is to provide for the recognition, preservation, protection, and use of historic resources in the City by establishing procedures and regulations that are necessary to:
Article 5 Special Regulations
Paso Robles Zoning Code 5-35
A. Assist the City in identifying and protecting its historic resources; B. Ensure that new development maintains continuity with the City’s historic character and scale; C. Maintain historic resources as community assets; and D. Fulfill the City’s responsibilities regarding historic resources under applicable State and Federal laws, including the California Environmental Quality Act (CEQA) and Section 106 of the National Historic Preservation Act of 1966.
21.62.020. ADMINISTRATIVE AND REVIEW AUTHORITIES – POWERS AND DUTIES A. Enabling Authority. California Government Code Sections 65850 and 37361 enable City legislative bodies to provide for “the protection, enhancement; perpetuation, or use of places, sites, buildings, structures, works of art, and other objects having a special character or special historical or aesthetic interest or value.” B. Powers and Duties of the Zoning Administrator. The Zoning Administrator shall be the review authority for Certificates of No Effect (see Paragraph 21.62.080.A.5 [Criteria and Procedure for Issuance of a Certificate of No Effect]).
C. Powers and Duties of the Planning Commission.
1. Authority. The Planning Commission shall have the power and it shall be its duty to perform the following acts:
a. Hear appeals of Zoning Administrator decisions related to historic preservation (see Appeals and Calls for Review [Chapter 21.25]).
b. Act as the review authority for Certificates of Appropriateness (see Paragraph
21.62.080.A.6 [Criteria and Procedure for Issuance of a Certificate of Appropriateness]) for projects that affect a Local Historic Resource. For Certificates of Appropriateness affecting a Historic Landmark, see Paragraph 21.62.020.C.2. c. Encourage public understanding of and involvement in the unique historic, cultural, and architectural heritage of the City through educational and interpretive programs. d. Educate property owners and the general public about historic preservation policies, procedures, and practices.
e. Explore means for the protection, retention, and use of any designated or potential historic resource, but not limited to, appropriate legislation and financing, such as encouraging independent funding organizations or private, local, State or Federal assistance. f. Pursue or support the designation of individual properties or historic districts in the National Register of Historic Places to enable property owners to make use of Federal tax incentives.
g. Recommend and encourage the protection, enhancement, appreciation, and use of structures of historic, cultural, architectural, community, or aesthetic value which have not been designated as historic resources but are deserving of recognition. h. Perform any other functions that may be designated by the City Council.
Article 5 Special Regulations
Paso Robles Zoning Code 5-36
2. Advisory. The Planning Commission shall be the advisory body to the City Council on the following matters related to historic preservation:
a. Make recommendations to the City Council for Certificates of Appropriateness (see Paragraph 21.62.080.A.6 [Criteria and Procedure for Issuance of a Certificate of Appropriateness]) that affect a Historic Landmark.
b. Make recommendations to the City Council for applications for demolition affecting designated historic resources (Subsection 21.62.080.B [Demolition of Designated Historic Resources).
c. Make recommendations to the City Council for projects affecting City-owned, designated historic resources, including changes to public and semi-public interior spaces. d. Recommend to the City Council that certain sites, buildings, structures, objects or districts having a significant historical, cultural, architectural, community or aesthetic value as part of the heritage of the City be designated as historic resources or historic districts. e. Make recommendations to the City Council on issues related to historic preservation in the General Plan.
f. In coordination with the Main Street Association, recommend that the City Council confer recognition upon the owners of designated historic resources by means of certificates, plaques, or markers.
g. Recommend that the City Council issue commendations to owners who have rehabilitated their property in an exemplary manner.
h. Advise the City Council and other advisory bodies as necessary on historic preservation issues.
D. Powers and Duties of the City Council.
1. The City Council shall be the review authority on the following matters related to historic preservation:
a. Appeals of Planning Commission decisions related to historic preservation (see Appeals and Calls for Review [Chapter 21.25]);
b. Certificates of Appropriateness (see Paragraph 21.62.080.A.6 [Criteria and Procedure for Issuance of a Certificate of Appropriateness]) for projects that affect a Historic Landmark; c. Projects affecting City-owned, designated historic resources, including changes to public and semi-public interior spaces.
d. Additions to or removal of local historic resources from the Paso Robles Historic Resources Inventory (Paragraph 21.62.030.A.1).
e. Adoption or alteration of a historic district (Paragraph 21.62.030.A.2 [Historic Districts]). f. Designation of historic signs (Paragraph 21.62.030.A.3 [Historic Signs]).
Article 5 Special Regulations
Paso Robles Zoning Code 5-37
g. Demolitions affecting designated historic resources (Subsection 21.62.080.B [Demolition of Designated Historic Resources]).
2. Referral. Matters not previously considered by the Planning Commission during its hearing may, but need not, be referred back to the Planning Commission by the City Council for report and recommendation. The Planning Commission may, but need not, hold a public hearing on matters referred to it by the City Council.
21.62.030. CRITERIA FOR DESIGNATION OF HISTORIC RESOURCES Within the City, there are locally identified historic resources and there are State or Federally identified historic resources as specified in the following subsections.
A. Local Historic Resources. A building, structure, object, or site is designated a historic resource in the City if it is listed in the Paso Robles Historic Resources Inventory or is a contributor to a designated historic district. Historic resources and contributors to designated historic districts are eligible for special protection and incentives that non-designated historic resources do not receive. The City has three designation categories to recognize local historic resources:
1. Historic Resources Inventory. The Paso Robles Historic Resources Inventory identifies buildings, structures, objects, and sites that are designated historic resources due to individual historic significance with character defining features, integrity of location, design, setting, materials, workmanship, feeling, or association, that meets at least one of the following criteria:
a. Are identified as historic resources through survey or other evaluation; b. Are included on any list of historic and cultural resources, including, but not limited to, the National Register of Historic Places, the California Register, and the State historic resources inventory (with a California Historic Resource Status Code of 1-5); c. The resource reflects special elements of the City’s historical, archaeological, cultural, social, economic, aesthetic, engineering, or architectural development; d. It is identified with persons or events significant in local, State, or national history; e. It embodies distinctive characteristics of a style, type, period, or method of construction, or is a valuable example of the use of indigenous materials or craftsmanship; or whether the building or structure represents an established and familiar visual feature of a neighborhood or community of the City;
f. It has yielded or has the potential to yield, information important to the history or prehistory of Paso Robles, California, or the nation; or g. The interior of a public or semi-public space or feature may be designated as part of a historic resource if it meets all of the following criteria:
(1) Historically the space has been open to the public; (2) The materials, finishes, or detailing are intact, or later additions are reversible; (3) The plan, layout, and features of the space are illustrative of its historic function; (4) Its form and features articulate a particular concept of design; or
Article 5 Special Regulations
Paso Robles Zoning Code 5-38
(5) There is evidence of distinctive craftsmanship.
The Paso Robles Historic Resources Inventory shall be kept on file with the Community Development Department, and distributed to the City Clerk, the Public Works Director, the Emergency Services Director, the Paso Robles Historical Society, and the Paso Robles Public Library.
2. Historic Districts. A historic district is a significant concentration, linkage, or continuity of buildings, structures, objects, or sites unified historically or aesthetically in a distinguishable way or in a geographically definable area. A historic district will typically have both contributors and noncontributors within its boundaries. Contributors are considered historic resources and are eligible for special protection and incentives that noncontributors do not receive. Noncontributors are not regulated under this chapter. The criteria for Designating a Historic District are buildings, structures, objects, or sites that relate to each other in a distinguishable way or in a geographically definable area may be designated as a historic district by meeting at least one of the following:
a. They are a contiguous grouping of resources that meet at least one of the criteria identified for inclusion on the Historic Resource Inventory; b. They are a noncontiguous grouping of thematically related properties; c. They are in a definable area possessing a concentration of historic, scenic, or thematic sites, which contribute to each other and are unified by plan, physical development, or architectural quality;
d. They reflect significant geographical patterns, including those associated with different eras of settlement and growth, particular transportation modes, or distinctive examples of park or community planning; or
e. They have a unique location, singular physical characteristics, or are an established and familiar visual feature of a neighborhood, community, or the City.
3. Historic Signs. The City Council may declare a sign to be of "historic significance" upon application by the sign's owner and a recommendation from the Planning Commission. For a sign to be declared "historically significant” and added to the Historic Resources Inventory, all the following conditions shall be met:
a. Time. The sign and the use to which it pertains shall have been in continuous existence at the present location for not less than 20 consecutive years. b. Graphic. The sign is an appurtenant graphic (for example, an on-premises sign that relates to the use of the property).
c. Uniqueness. The sign is unique and enhances the cultural, historic, or aesthetic quality of the community, as determined by the Director.
d. Safety. The sign is structurally safe or is capable of being made so without substantially altering its historic significance.
B. Historic Landmarks. A historic landmark is a building, structure, object, or site on a State or Federal historic registry, or on the State historic resources inventory (with a California Historic Resource Status Code of 1-5).
Article 5 Special Regulations
Paso Robles Zoning Code 5-39
21.62.040. ESTABLISHED HISTORIC RESOURCES
A. Historic Resources Inventory. The City shall create and maintain a list of historic resources in Paso Robles known as the Historic Resources Inventory, which shall be adopted by resolution of the City Council.
B. Historic Districts. Historic Districts shall be shown on the Zoning Map per Section 21.36.030 (Historic Preservation Overlay).
C. Historic Landmarks. Historic Landmarks shall be those listed in the California Register of Historic Resources, National Register of Historic Places, or similar State of Federal historic registry.
21.62.050. PROCEDURE FOR DESIGNATION OF HISTORIC RESOURCES A. The designation of Local Historic Resources shall be approved by the City Council upon the recommendation of the Planning Commission in the following manner:
1. Nominations for designation on or removal from the Paso Robles Historic Resources Inventory may be initiated by the owner of record of the property or structure, the Zoning Administrator, the Planning Commission, the City Council, or any other organization with a recognized interest in historical preservation.
2. Nominations for designation or alteration of historic districts may be initiated by the owner of a property that is included in the proposed district, the Zoning Administrator, the Planning Commission, the City Council, or any other organization with a recognized interest in historical preservation.
3. Applications originating from outside the Zoning Administrator, the Planning Commission, or the City Council shall complete the nomination form provided by the Community Development Department and shall be accompanied by applicable fees.
4. For designation or alteration of a historic district, the applicant shall provide documentation by letter or petition that a majority of the owners of property within the proposed district support the designation; a map with the boundaries of the proposed district; and an inventory and photographs of all properties in the proposed district, including both contributing and noncontributing properties.
5. For alteration to the Historic Resources Inventory, if the applicant is not the owner of the property, the Community Development Department shall, within 10 days of receipt of the nomination, notify the owner in writing that an application for designation has been submitted. For designation of a historic district, the Community Development Department shall, within 10 days of receipt of the nomination, notify all property owners within the proposed district in writing that an application for designation has been submitted.
6. Within 30 days of the receipt of a nomination, the Director shall determine if the nomination form is complete.
7. There shall be a work moratorium beginning the day the nomination form is deemed complete while the Planning Commission's public hearing or the City Council's decision is pending. During the moratorium, demolition or alteration permits will not be issued. The work moratorium will end upon the earlier of the City Council's decision on the proposed designation, a moratorium termination date designated by the City Council, or 180 calendar days from the date of commencement of the moratorium, whichever is less.
Article 5 Special Regulations
Paso Robles Zoning Code 5-40
8. The Planning Commission shall schedule a public hearing on all nominations, whether originating with the Commission or with another party. If a nomination originates from outside the Commission, the public hearing shall be held within 90 days of the receipt of a complete application for designation.
9. After the public hearing, the Planning Commission shall recommend approval in whole or in part or disapproval of the application for designation in writing to the City Council, outlining the findings used to make its decision.
10. The City Council, within 60 days of the Planning Commission's recommendations concerning proposed designations, shall schedule a public hearing on all nominations and by resolution approve the recommendations in whole or in part, or shall by motion disapprove them in their entirety. If the City Council approves a proposed designation, notice of the City Council's decision shall be sent to applicants and owners of a designated property.
11. Matters not previously considered by the Planning Commission during its hearing may, but need not, be referred back to the Planning Commission by the City Council for report and recommendation.
12. Notice of the hearings shall be given in the manner provided for in Chapter 21.26 (Public Hearings and Notice).
21.62.060. RESCINDING OR AMENDING DESIGNATION
The City Council, upon the recommendation of the Planning Commission, may amend or rescind any designation of a historic resource, in the same manner and procedure described in Section 21.62.050 (Procedure for Designation of Historic Resources).
In rescinding or amending the designation of a historic resource, the City Council shall make the finding that the building, structure, object, or district no longer meets the designation criteria due to:
A. New information that compromises the significance of the property; or B. Destruction of the historic resource or contributor to a historic district through a catastrophic event that has rendered the structure a hazard to public health, safety, or welfare; or C. The demolition, relocation, or removal of the historic resource or contributor to a historic district.
21.62.070. HISTORIC RESOURCE EVALUATIONS
Within 30 days of receipt of an application for a Building Permit to demolish or relocate a structure pursuant to Municipal Code Chapter 17.16 (Demolition of Buildings and Structures), but prior to the issuance of said Building Permit, the Zoning Administrator shall determine whether the structure has potential historic significance based on the criteria for the designation of historic resources in this Chapter. If the Zoning Administrator determines that such potential exists, the structure shall not be demolished or relocated unless and until an environmental assessment is completed pursuant to the provisions of the California Environmental Quality Act (CEQA). The cost of conducting this environmental assessment shall be borne entirely by the applicant for the demolition permit.
If an environmental assessment is completed pursuant to CEQA and findings indicate that demolition of the structure would have a significant effect on the environment, the structure shall not be demolished or relocated unless the City Council, based on a recommendation from the Planning Commission, makes one or more of the following findings:
Article 5 Special Regulations
Paso Robles Zoning Code 5-41
A. That the demolition or relocation of the structure is necessary to proceed with a project consistent with and supportive of identified goals and objectives of the General Plan, and the demolition of the structure will not have a significant effect on the achievement of the purposes of this division or the potential effect is outweighed by the benefits of the new project;
B. In the case of an application for a permit to relocate, that the structure may be moved without destroying its historic or architectural integrity and importance; or
C. That the demolition or relocation of the structure is necessary to protect or to promote the health, safety, or welfare of the citizens of the City, including the need to eliminate or avoid blight or nuisance.
21.62.080. ALTERATION, DEMOLITION, OR RELOCATION OF A HISTORIC
RESOURCE
A. Alteration and Repair to Historic Resources
1. Approval Process for Alterations or Repairs to Historic Resources. It shall be unlawful for any person, owner, or entity to directly or indirectly alter, remodel, demolish, grade, remove, construct, reconstruct, or restore any designated historic, without first obtaining a Certificate of Appropriateness or Certificate of No Effect.
2. California Historical Building Code. When a building is determined eligible by the Building Official, an applicant may opt to utilize the California Historical Building Code for alterations to historical resources.
3. Alterations that are Exempt from Review. The provisions for the issuance of a Certificate of Appropriateness or a Certificate of No Effect shall not be construed to prevent ordinary maintenance and repair which does not change the design, materials, architectural elements, or site features of a designated historic resource or a building, structure, object, or site listed in the Paso Robles Historic Resources Inventory. The following activities may be exempted from the review procedures:
a. Routine maintenance and minor repairs;
b. Exterior painting;
c. Replacing deteriorated roofing materials with the same type of material already in use; d. Addition or removal of screens, awnings, canopies and similar incidental appurtenances; e. Addition or removal of landscape walls and fences;
f. Addition or removal of exterior lighting;
g. Addition or removal of landscaping;
h. Addition or removal of driveways and walkways; and
i. Interior alterations (unless a historic resource designation includes interior features).
4. Alterations that Require Review. All proposed alterations or repairs to a designated historic resource that are not listed in Paragraph 21.62.080.A.3 (Alterations that are Exempt from Review),
Article 5 Special Regulations
Paso Robles Zoning Code 5-42
shall receive a Certificate of No Effect or a Certificate of Appropriateness from applicable review authority prior to the commencement of any work.
The Zoning Administrator can issue a Certificate of Appropriateness if it is determined that demolition, removal, or substantial alteration of a historic resource is immediately necessary to protect the public health, safety, or welfare.
5. Criteria and Procedure for Issuance of a Certificate of No Effect. a. Findings. The Zoning Administrator shall issue a Certificate of No Effect if all of the following findings are made:
(1) The work is minor and clearly meets applicable City design guidelines and the Secretary of the Interior’s Standards for Rehabilitation; and (2) The proposed work will not diminish, eliminate or adversely affect the character of the historic resource; and
(3) The project is exempt from environmental review pursuant to the State CEQA Guidelines.
b. Eligibility. If the Zoning Administrator determines that the proposed work is not eligible for a Certificate of No Effect, then the applicant shall apply for and obtain a Certificate of Appropriateness.
c. Expiration. The Certificate of No Effect shall expire 1 year from the date of issuance unless work is started within that time. No changes shall be made to the approved plans for which a Certificate of No Effect was issued without resubmitting to the Zoning Administrator for approval of the changes.
6. Criteria and Procedure for Issuance of a Certificate of Appropriateness. a. Findings. The review authority shall issue a Certificate of Appropriateness if all the following findings are made:
(1) The proposed work will not diminish, eliminate or adversely affect the character of the historic resource; and
(2) The proposed work is found to be consistent with applicable design guidelines adopted by the City Council. In the absence of applicable design guidelines, the proposed work is found to be consistent with the Secretary of the Interior’s Standards for Rehabilitation; and
(3) The project will not cause a significant adverse effect as defined in the State CEQA guidelines.
b. Procedure. The review authority shall conduct a public hearing and shall make findings to approve, deny, approve with conditions, or continue the application with specific direction for additional information needed to make a recommendation or decision. c. Expiration. A Certificate of Appropriateness shall expire 12 months from the date of issuance unless work is started within that time or a time extension application has been received with applicable fee. No changes shall be made to the approved plans after the
Article 5 Special Regulations
Paso Robles Zoning Code 5-43
issuance of a Certificate of Appropriateness without resubmittal and determination of the necessary approval process for the proposed changes.
d. Process for Revocation of Certificate of Appropriateness. Revocation proceedings may be initiated upon a motion by the Zoning Administrator, Planning Commission, or City Council. Once revocation proceedings have been initiated, all work being done in reliance upon such certificate or associated permits shall be immediately suspended until a final determination is made regarding the revocation. The decision to revoke a Certificate of Appropriateness shall be made by the review authority which approved the certificate following a noticed public hearing. A Certificate of Appropriateness may be revoked or modified for any of the following reasons:
(1) Noncompliance with any terms or conditions of the Certificate of Appropriateness;
(2) Noncompliance with any provisions of this chapter; or (3) A finding of fraud or misrepresentation used in the process of obtaining the certificate.
B. Demolition of Designated Historic Resources
1. Approval Process for the Demolition of Designated Historic Resources. No person shall demolish any building or structure until a permit has been issued by the Building Official in accordance with the provisions set forth in Municipal Code Chapter 17.16 (Demolition of Buildings and Structures).
Upon receipt of an application for a permit to demolish a building or structure, the Building Official shall forward the application to the Zoning Administrator, who shall determine if the building or structure is a designated historic resource.
2. Process for Issuance of a Demolition Permit for a Designated Historic Resource. If the Zoning Administrator determines that the building or structure proposed for demolition is a designated historic resource, the Planning Commission shall make a recommendation to the City Council, who will make the final determination per the procedures outlined in Municipal Code Section 17.16.050 (Processing Procedures) after conducting a public hearing.
The City Council may require a 180-day continuance for consideration of the demolition permit request with an option to extend the continuance for an additional 180-day period should that become necessary. The purpose of the continuance, and the possible extension, is to provide adequate time to investigate alternatives to demolition.
The building or structure shall not be demolished unless the City Council, with a recommendation from the Planning Commission, makes 1 or more of the following findings:
a. There is no feasible alternative to demolition.
b. There is sufficient evidence, including evidence provided by the applicant, that the property retains no reasonable economic use, taking into account the condition of the structure, its location, the current market value, and the costs of rehabilitation to meet the requirements of the Building Code or other City, State or Federal law;
Article 5 Special Regulations
Paso Robles Zoning Code 5-44
c. That the demolition or relocation of the structure is necessary to proceed with a project consistent with and supportive of identified goals and objectives of the General Plan, and the demolition of the structure will not have a significant effect on the achievement of the purposes of this division or the potential effect is outweighed by the benefits of the new project;
d. In the case of an application for a permit to relocate, that the structure may be moved without destroying its historic or architectural integrity and importance; or, e. That the demolition or relocation of the structure is necessary to protect or to promote the health, safety or welfare of the citizens of the City, including the need to eliminate or avoid blight or nuisance.
21.62.090. PRESERVATION INCENTIVES
In addition to any other incentive of Federal or State law, owners of properties designated as historic resources or contributors to historic districts may apply for the following:
A. Use of the California Historic Building Code. Whenever applicable, the property owner may elect to use the California Historic Building Code for alterations, restorations, new construction, removal, relocation, or demolition of a designated historic resource.
B. Parking Requirement Reduction. Addition of floor area to a building designated as a historic resource or a contributor to a historic district of up to 25 percent shall be exempt from the City’s standard parking requirements if such addition is determined by the review authority to preserve or enhance the historical features of the building, consistent with Paragraph 21.62.080.A.5 (Criteria and Procedure for Issuance of a Certificate of No Effect) and Paragraph 21.62.080.A.6 (Criteria and Procedure for Issues of a Certificate of Appropriateness).
C. Change of Use. The City will encourage compatible adaptive reuse of historic properties.
D. Technical Assistance. The City will provide technical advice and assistance to owners of historic resources regarding grants, and State and Federal preservation incentives for historic resources.
E. Mills Act Historic Property Contracts. The City will implement California Government Code Sections 50280-50290, allowing the approval of historic property contracts by establishing a uniform procedure for the owners of qualified historic properties within the City to enter into contracts with the City.
21.62.100. MAINTENANCE
A. Purpose. The purpose of this Section is to preserve, protect, and perpetuate the elements of the historic fabric unique to designated historic resources and contributors to historic districts, and to prevent the need for demolition or destruction due to neglect of important resources in the City’s history.
B. Maintenance Requirements.
1. Designated historic resources and contributors to historic districts shall be maintained in good repair.
2. Designated historic resources and contributors to historic districts shall be maintained in watertight condition to preclude decay problems caused by water. Deteriorated, insufficient, or ineffective waterproofing of exterior walls, roofs, foundations, floors, windows, or doors shall be promptly
Article 5 Special Regulations
Paso Robles Zoning Code 5-45
addressed to prevent further decay, deterioration, or possibility of injury to the public and/or the property.
3. The façade shall be properly maintained through repair, paint, or any necessary treatment, so as to prevent decay, water or moisture intrusion, damage to the structure, and/or injury to the public.
Defective or insufficient weather protection for exterior treatments and facades, including lack of paint or protective covering shall be promptly addressed, and repaired or stabilized to prevent further decay, deterioration, and possibility of injury to members of the public and/or property.
4. Roof, foundation, and structure shall be maintained through proper treatment and repair to prevent decay, demolition by neglect, loss of historic materials and features, damage to the structure, and/or injury to the public. Defective materials or deterioration which may cause any or all portions of roofs, foundations, walls, or other structural members to deteriorate shall be promptly addressed, and repaired or stabilized to prevent further decay, deterioration, loss of historic fabric, and possibility of injury to members of the public and/or property.
5. Buildings elements such as cornices, chimneys, etc. shall be properly maintained to prevent decay, demolition by neglect, loss of historic fabric, and possibility of injury. Deteriorated or defective building elements shall be promptly addressed, and repaired or stabilized to prevent further decay, deterioration, loss of historic fabric, and possibility of injury to members of the public and/or property.
C. Penalty for Demolition without a Demolition Permit. If a designated historic resource is demolished without a demolition permit as required by this Chapter, no building or construction-related permits shall be issued, and no permits or use of the property shall be allowed, from the date of demolition for a period of 3- years.
D. Procedure for Applying Penalties.
1. For purposes of this Section, the demolition shall be presumed to have occurred on the date the City has actual knowledge of the demolition. The owner shall have the burden of proving a different date if one is claimed.
2. The Zoning Administrator shall provide notice by certified mail of the applicability of this Section to the property owner and any other person known to have an interest in the property as soon as practicable after having knowledge that the provisions of this Section are applicable to the subject property. The date the City first had actual knowledge of the demolition shall be stated in the notice.
3. The Zoning Administrator’s decision may be appealed pursuant to Chapter 21.25 (Appeals and Calls for Review).
4. The review authority may grant relief from the requirements of this Section if the following findings are made:
a. The violation of this Section did not involve a historic resource, either individually or as a contributor to a district; or
b. New construction serves an overriding public benefit and will not be detrimental or injurious to property or improvements in the vicinity of the project site, or to the public health, safety, or general welfare.
Article 5 Special Regulations
Paso Robles Zoning Code 5-46
CHAPTER 21.63. MURALS
21.63.010. PURPOSE AND APPLICABILITY
The purpose of this Chapter is to allow and encourage through a City registration process the establishment and maintenance of’ original art murals on private buildings on a content-neutral basis on certain terms and conditions that assure placement and maintenance of such artwork serves the community's long-term industry and aesthetic interests without placing financial burden on the City and/or community.
21.63.020. GENERAL REGULATIONS
A. City Art Mural Policy for Private Buildings. The Director is authorized to implement and administer a City art mural policy for private buildings, as adopted by the City Council by resolution, which establishes requirements for murals on private buildings including but not limited to the following: a neighborhood involvement process, design standards, height and size limitations, and safety requirements. The policy shall also require the applicant to advise the mural artist(s) in writing of the artist's rights pursuant to California law and federal law, including but not limited to California Civil Code Section 987, the California Art Preservation Act ("CAPA"), and the Visual Artist's Rights Act of 1990 ("VARA") as codified within the Copyright Act of 1976, 17 United States Code (U.S.C.) Section 101, et. seq., as these acts may be amended from time to time.
B. Original Art Mural on Private Building.
1. Allowed Original Art Murals. An application that meets all the following criteria, and which is not otherwise prohibited by this Chapter, will be allowed:
a. Submission of a complete original art mural application, submitted on forms furnished by the Director;
b. Compliance with all the requirements of the original art mural policy for private buildings referred to in Subsection 21.63.020.A (City Art Mural Policy for Private Buildings), above, and all requirements of this Zoning Code;
c. Certification that the mural will remain in place, without alteration, for a minimum period of 5 years, except in limited circumstances as may be specified in an original mural art on private buildings policy, and further that the applicant agrees to maintain the mural in place in good condition during the life of the original mural art; d. Location of the mural within the Uptown/Town Center Specific Plan area adopted by the City Council, as it may be amended from time to time; and e. Payment of any registration fee required by this Chapter or the art mural policy for private buildings.
2. Prohibited Original Art Murals. The following original art murals are prohibited:
a. Murals on residential buildings with fewer than 5 dwelling units; b. Murals in or on a public right-of-way;
Article 5 Special Regulations
Paso Robles Zoning Code 5-47
c. Murals on buildings regulated by Chapter 21.62 (Historic Preservation) unless a Certificate of Appropriateness (Paragraph 21.62.080.A.6) has been approved by the City Council;
d. Murals for which compensation is given or received for the display of the mural or for the right to place the mural on another's property. The applicant shall certify in the permit application that no compensation will be given or received for the display of the mural or the right to place the mural on the property; and
e. Murals which would result in a property becoming out of compliance with the provisions of this Title or land use conditions of approval for the development on which the mural is to be located.
21.63.030. NEIGHBORHOOD INVOLVEMENT
A. Community Meeting Required. Applicants seeking to register an original art mural with the City shall conduct a noticed community meeting on the mural proposal at which time interested members of the public may review and comment upon it.
B. Mailed Notice. Postmarked at least 10 calendar days before the date of the community meeting, the Zoning Administrator shall provide notice by First Class mail delivery to:
1. The applicant for the proposal in question and the owner of the subject property; and
2. The owners and occupants of all real property within 300 feet of the site of the proposal in question;
C. Community Meeting Complete. No original Art Mural Registration Certificate shall be issued until the applicant certifies that he or she has completed the required neighborhood involvement process. This is a process requirement only and an original Art Mural Registration Certificate will not be granted or denied based upon the content of the mural.
21.63.040. REGISTRATION
A. Vintage Art mural Registration. Murals created prior to October 2, 2018 and which received approval through a City-approved process that offered an opportunity for public input may be registered as a vintage original art mural, subject to completing a vintage original art mural application and paying a registration fee, if applicable.
B. Art Mural Registration Fee. The City Council may adopt a resolution authorizing a fee to register with the City an original or vintage art mural. Such fees shall not exceed the actual costs of administration of the original and vintage art mural registration process.
21.63.050. VIOLATIONS
An unregistered mural is considered an illegal sign and will be enforced in accordance with this Zoning Code.
Further, City registration of an original art mural or vintage art mural does not exempt the applicant and/or building owner from complying with any other applicable requirements of the Paso Robles Municipal Code.
Article 5 Special Regulations
Paso Robles Zoning Code 5-48
CHAPTER 21.64. SHORT-TERM RENTALS
21.64.010. SCOPE, PURPOSE, AND FINDINGS
A. The purpose of this Chapter is to document the procedures and regulations that govern the application for, and the issuance and implementation of, permits for the operation of any short-term rental use within the City.
B. The City Council hereby finds that unregulated transient occupancy uses in residential and non-residential zoning districts present a threat to the public welfare relating to compatibility with residential uses and preservation of the character of the neighborhoods in which they are located.
C. The City Council hereby finds that the adoption of a comprehensive ordinance regulating the issuance of and operating conditions attached to Short-Term Rental Permits is necessary to protect the public health, safety and welfare. The purpose of this Chapter is to provide a permit system and to impose operational requirements to minimize the potential adverse impacts to surrounding neighbors of transient uses in residential neighborhoods and zoning districts, such as traffic congestion, street parking, and noise, and to ensure the health, safety, and welfare of renters and guests patronizing short-term rentals.
D. The provisions of this Chapter will also benefit the public welfare by providing an additional source of revenue to the City, as operators of short-term rentals are required to pay transient occupancy tax to the City, which will offset some of the additional costs of providing services to the renters.
E. The City Council hereby finds that the City's regulation of short-term rental uses in accordance with this Chapter is a valid exercise of the City's police power in furtherance of the legitimate governmental interests documented in this Chapter.
F. The City Council hereby finds that short-term rentals are an allowable accessory use to legally permitted, existing residential dwellings within all zoning districts subject to the regulations of this Code section, applicable Council resolutions, and other sections of this Code.
21.64.020. DEFINITIONS
The following terms, as used in this Chapter, shall have the meanings prescribed. "Applicant" means any person, firm, partnership, association, joint venture, corporation, or an entity, combination of entities or consortium, who seeks or seek approval of a Short-Term Rental Permit under the authority of this Chapter. "Authorized agent" means the person specifically authorized by an owner, in writing, to represent and act on behalf of the owner and to act as an operator, manager and contact person of a non-hosted accommodation, and, along with the owner, to provide and receive any notices identified in this chapter on behalf of the owner. "Bed and breakfast". See Section 21.91.030 (“B” Definitions). "Bedroom" means any habitable room with no less than 70 square feet of floor area and no dimension less than 7 feet, in a dwelling, with at least 1 wall located along an exterior wall with a window that can be used for emergency egress, and equipped with ventilation, heating, smoke detector and carbon monoxide detector. Egress window requirements shall be based on the California Building Code requirements at the time of original construction of the room.
Article 5 Special Regulations
Paso Robles Zoning Code 5-49
"Director" means the Director of Community Development of the City, or a designee of the Community Development Director or City Manager.
"Enforcement officer" means the Director, Chief Building Official, Fire Marshal, City Manager, or any other City employee designated by the Director or City Manager to enforce this Chapter. "Good neighbor brochure" means a handbook prepared by the City regarding the general rules of conduct to be followed by renters and applicable provisions of this Code. "Guest" means an invitee of a renter or other person visiting a renter of a short-term rental unit who does not rent the unit.
"Homeshare" means a short-term rental structure in which the owner both resides and remains during the time a renter is occupying the short-term rental unit. This can include an accessory dwelling unit (ADU) located on the same parcel as with the primary residence occupied by the owner. As a homeshare, the owner may be absent from the property during the time a renter is occupying the short-term rental unit for a maximum of 30 days within any calendar year, only if an authorized agent has been designated and provided to the City to respond to complaints as required in Section 21.64.050 (Short-Term Rental Hotline).
"Hotline" means the telephonic service maintained by the City for the purpose of receiving complaints regarding the operation of any short-term rental.
"Hotline contact" means the person designated on the permit who shall be available by telephone 24 hours a day, 7 days a week during the entire time a short-term rental property is occupied by a renter. "Non-hosted accommodation" means a short-term rental structure that is not occupied by either the owner or an authorized agent while it is being occupied by a renter. A non-hosted accommodation permit may operate as a homeshare, but not the converse.
"Owner" means the person or entity holding fee title to the real property that is the subject of a Short-Term Rental Permit.
"Permit" means the permit issued by the City, in accordance with the procedures set forth in this Chapter, allowing an owner or authorized agent to rent a short-term rental unit at the specified location. "Permittee" means the person or entity to whom a permit is issued pursuant to this Chapter. "Renter" means a person, not an owner or authorized agent, renting or occupying a short-term rental property for fewer than 28 days in accordance with the terms of this Chapter. For purposes of Chapter 3.26 (Transient Occupancy Tax), "renter" shall have the same meaning as "transient," as defined in Section 3.26.020 (Definitions). "Short-term rental" means any habitable structure constructed for residential occupancy under the California Building Code for which a rental contract for occupancy has been made for a term of 27 days or fewer and which the shortterm rental use is permitted to operate, pursuant to a current and valid permit on file with the City. Short-term rentals include both homeshares and non-hosted accommodations.
“Zoning Administrator” means the Community Development Director of the City, or a designee of the Community Development Director or City Manager.
Article 5 Special Regulations
Paso Robles Zoning Code 5-50
21.64.030. PERMIT REQUIREMENTS
A. No owner may operate, or allow a subject property to be operated, as a short-term rental unless and until it has been issued:
1. A permit issued by the City in accordance with Chapter 21.64 (Short-Term Rentals).
2. A Business License tax certificate, pursuant to Chapter 3.28 (Business License Tax) of this Code.
Together, the owner and owner's authorized agent shall be responsible for applying for and for renewing the Business License tax certificate and the permit.
B. All Short-Term Rental Permits shall be consistent with Table 21.64.030-1 (Short-Term Rental Permitting Table) and Table 21.64.030-2 (Non-Hosted Accommodation Separation Requirement).
Table 21.64.030-1 Short-Term Rental Permitting Table
Rental type Homeshare permit Non-hosted accommodation permit Short-term rental Short-Term Rental Permit may be issued for the following:
• Primary dwelling
• Second units
• Guest houses
• Multi-family residential apartments
• Residential portions of mixed use
structures
Interpretations:
1. A maximum of 2 homeshare ShortTerm Rental Permits will be issued per legal parcel in the R-1 Zoning District
Short-Term Rental Permit may be issued
for the following:
• Primary dwelling
• Second unit
• Residential portions of mixed-use
structures consistent with interpretation
(2).
Interpretations:
1. Multi-family residential apartment units
(four or more dwellings per lot) may not
be used as non-hosted short-term rentals.
2. No more than 2 non-hosted ShortTerm Rental Permits will be issued per legal parcel.
Bed and breakfast—Food
service
Conditional Use Permit and
County Environmental Health Permit
Not permitted
C. No Short-Term Rental Permit for a non-hosted accommodation shall be issued in conflict with Table
21.64.030-2 (Non-Hosted Accommodation Separation Requirement), except for:
1. Permit applicants in possession of a valid short-term rental business license, with an application submitted date on or before July 16, 2019 shall be exempt from the numeric requirements for purposes of permit issuance.
2. Homeshare permits are not subject to the separation requirement.
Table 21.64.030-2 Non-Hosted Accommodation Separation Requirement Zoning district Minimum separation distance Interpretation R-1 Single-Family Residential 100 feet 1. Measured from perimeter of property line.
2. Does not apply to a second
Short-Term Rental Permit on the
same lot.
All other zoning districts 0 feet No separation requirement
Article 5 Special Regulations
Paso Robles Zoning Code 5-51
D. The application form for a permit shall be available from the Community Development Department. A separate permit application is required for each rental address or individual rental unit. The owner (for a homeshare permit) or the owner and registered authorized agent (for a non-hosted accommodation permit) shall be required to provide, maintain, and keep current the following information on the permit application:
1. Name and contact information (including home/business telephone numbers, mobile phone numbers, email address, and permanent mailing address) of the owner and authorized agent, if any, of the short-term rental property.
2. Identification of whether the short-term rental is a homeshare and/or non-hosted accommodation.
3. Address of the short-term rental property.
4. Floor plan (to scale) showing all interior rooms and location of each bedroom with number of beds (including sofa beds or hide-a-beds) to be rented as part of the short-term rental and approximate square footage in the short-term rental property, and the maximum number of overnight renters, subject to the limitations set forth in Subsection 21.64.030.E (Permit Application Process) below.
5. Site plan showing entire property on which short-term rental unit is located, including the power panel disconnect, house water main valve, number and location of designated on-site parking spaces available (including garage parking) for use by renter(s), and storage location of trash containers and scheduled day for trash pickup.
6. Evidence satisfactory to the City that each bedroom meets all local building and safety code requirements.
7. Acknowledgement that the owner, and the authorized agent, if any, has read all regulations pertaining to the operation of a short-term rental, including this Chapter, the City's business license tax requirements (Chapter 3.28), the City's transient occupancy tax requirements (Chapter 3.26), City Council Resolution 17-082 creating the Paso Robles Tourism Improvement District and agreement to pay the required assessments thereunder, the San Luis Obispo County Visitors and Conference Bureau (dba Visit SLO CAL) and agreement to pay the required assessments thereunder, and to comply with any additional administrative regulations promulgated by the Director to implement this Chapter.
8. The name and all forms of contact information of the registered contact person (who may be the owner or the authorized agent, if any) who shall be available by telephone 24 hours a day, 7 days a week, and who shall be able to respond within thirty minutes of receipt of a complaint while the short-term rental property is occupied by a renter.
9. Any other information as the Director deems reasonably necessary to administer this Chapter.
10. Acknowledgement and agreement that any and all use of the property for short-term rental shall cease upon transfer of the property, expiration of the permit, or revocation of the permit, pursuant to Section 21.64.060 (Enforcement).
11. Agreement to hold harmless, indemnify, and defend the City against any claims or litigation arising from the issuance or revocation of the permit.
12. Agreement to pay any costs to enforce the conditions of the permit, including, but not limited to any City authority response to verified nuisance complaints, or inspections of the short-term rental property.
Article 5 Special Regulations
Paso Robles Zoning Code 5-52
13. Certification under penalty of perjury as to the accuracy of the information provided on the permit application and agreement to comply with all conditions of the permit and this Chapter.
E. Permit Application Process.
1. Processing Fee. The City Council, by resolution, shall specify from time to time, in its master fee schedule, the amount of the permit application and processing fee, based upon the City's reasonable estimated costs for processing and reviewing the permit application materials and maintaining the hotline. The permit application and processing fee shall be non-refundable.
2. Numeric Limits on the Processing and Issuance of Short-Term Rental Permits. The City Council, by resolution, may adopt procedures to implement permit issuance, including the establishment of application periods, waitlists, and/or grace periods for applicants already in possession of valid short-term rental business licenses, and may limit the total number of ShortTerm Rental Permits available for issuance.
3. Review. Upon review of the materials submitted with the permit application, the Director shall determine whether a permit will be issued or the application is incomplete and notify the applicant within 60 days. If the Director determines that the permit may be issued upon compliance with certain conditions, the Director shall notify the applicant in writing of the nature of the conditions that shall be satisfied in order to receive a permit. If the Director determines that the permit should be denied, the Director shall notify the applicant in writing of the reasons for the denial. The decision of the Director may be appealed to the Planning Commission pursuant to the procedures set forth in Chapter 21.25 (Appeals and Calls for Review).
4. Permit Renewal. No earlier than 12 months and at least 60 days prior to the expiration of a permit, the owner and the authorized agent, if any, of a short-term rental shall submit an application to renew the permit on a form available from the City, along with a renewal fee in an amount to be established by resolution of the City Council in the City's master fee schedule. The owner or authorized agent shall identify any notice of violation or concern (including any compliance or citation issued by the City) issued for the short-term rental use during the permit term and shall document how the violation or concern has been addressed. If the Director determines that any past violation or concern has not been adequately addressed, or that a history of past violations is detrimental to the public health, safety, or welfare, the Director may determine that the permit is ineligible for renewal for a period of 12 months. The applicant or any interested person may appeal the decision of the Director to the Planning Commission pursuant to the procedures set forth in Chapter 21.25 (Appeals and Calls for Review).
5. Permit Transfer Prohibited. No permittee shall transfer, or attempt to transfer, a permit to any other person.
6. Exceptions: Short-term Rental Permits may be transferred to a new owner in the TC-1 and TC-2 Zoning Districts (uptown/town center specific plan) and any other "T" zoning districts.
F. Permit Conditions. Each permit issued pursuant to this Chapter shall be subject to all of the following conditions:
1. The term of each permit issued pursuant to this Chapter shall be for 3 years. Upon the expiration or lapse of any permit, it shall be of no further force or effect.
2. A copy of the permit and good neighbor brochure shall be posted in a prominent location inside the short-term rental unit.
Article 5 Special Regulations
Paso Robles Zoning Code 5-53
3. The permittee shall require any renter to sign an agreement acknowledging receipt of the good neighbor brochure and agreement to comply with its terms. If the rental is through a third party hosted on-line platform, the permittee shall require the third party to provide an on-line link to the good neighbor brochure and a mechanism by which a renter shall provide an acknowledgement of receipt of the good neighbor brochure and agreement to comply with its terms.
4. The permittee shall require renters to utilize the designated on-site parking spaces, to the maximum extent possible.
5. The permittee shall limit:
a. Parking on public streets;
b. Overnight occupancy; and
c. Daytime guests of the short-term rental property to the numbers specified in the following table:
Table 21.64.030-3 Short-Term Rental Parking and Occupancy Limits # of bedrooms
Minimum on-site
parking
Total # of
overnight occupants
(9:00 P.M. to 7:00 A.M.)
Maximum # of
daytime occupants
(7:00 A.M. to 9:00 P.M.)
0/1 bedrooms 1 2 6
2 bedrooms 2 4 8
3 bedrooms 3 6 10
4 bedrooms 4 8 12
5 bedrooms 5 10 14
Exceptions to Table 21.64.030-2 (Short-Term Rental Parking and Occupancy Limits):
(1) The Director may approve exceptions to the parking requirements for short-term rentals with existing, non-conforming on-site parking deficiencies in all zoning districts.
(2) Children 2 years of age and under are not counted as occupants.
6. The permittee shall provide access to the garage of the short-term rental if the garage has been included in the determination of the number of available on-site parking spaces.
7. It is the intent of the City to enforce sections of the Streets and Highways Code related to the provision for emergency vehicle access. Accordingly, no limousine or bus parking, and no stopping without the driver's presence, shall be allowed in any manner that would interfere with emergency vehicle access. In the event of an emergency, the vehicle driver shall immediately move the vehicle from the emergency vehicle access area.
8. The permittee shall provide appropriate refuse and recycling service for the short-term rental property. Property shall be free of debris both onsite and in the street. Refuse and recycling cans shall be maintained in a clean and sanitary condition, stored in the approved onsite location, moved to the pickup location no more than 24 hours prior to trash pickup, and returned to storage no more than 24 hours after pickup.
Article 5 Special Regulations
Paso Robles Zoning Code 5-54
9. The permittee shall post in a conspicuous interior location near the entry door, an informational sign for renters with important notices, rules, and regulations; immediate contact information for owner/agent, police, and emergency services; hotline telephone number; emergency procedures; site address; maximum allowed number of permitted overnight renters, daytime occupants, and vehicles; neighborhood quiet time regulations; and trash pickup instructions and trash pickup days.
10. The permittee shall ensure that the renters and/or guests of the short-term rental property do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of this Code, including but not limited to any City noise regulations including Chapter 9.07 (Prohibited Conduct).
11. The permittee shall, upon notification that renters and/or guests of the short-term rental property have violated any permit conditions (including any unreasonable noise or disturbances, disorderly conduct, or violations of this Code or State law), promptly act to stop the violator(s) and prevent a recurrence of the violation, provided, however, that the City does not intend to authorize, and the City does not authorize, the permittee to act as a peace officer or place himself or herself in harm's way.
12. The permittee shall not allow the short-term rental property to be used for any gathering where the number of persons will exceed the permitted daytime occupancy limits, as set forth in this Section, unless an approved City use permit for a special event has been obtained.
13. The owner or authorized agent shall be available to respond to any nuisance complaints within 30 minutes, at all times when the short-term rental is rented, twenty-four hours a day.
14. The permittee shall allow the City, upon 24-hour notice from the City, to inspect, with cause, the short-term rental for compliance with the requirements of this Chapter. Permittee shall pay an inspection fee in an amount set by the City Council by resolution for the City's master fee schedule based on the estimated reasonable cost to perform the inspection.
15. Within 10 days of permit issuance, the owner or agent shall notify all neighbors, within 100 feet of the perimeter of the property, that a Short-Term Rental Permit has been obtained. Notification will include a copy of the good neighbor brochure and the owner's name and phone number.
G. Rental Agreements. The permittee shall enter into a written rental agreement with the renter of any shortterm rental property, or shall enter into an agreement provided by a third party hosted on-line platform, which agreement shall, at a minimum, include the following:
1. The name, address, mobile phone, text, and email address of the renter.
2. The terms and conditions of the rental agreement, including occupancy limits, noise prohibitions and vehicle parking requirements.
3. Acknowledgment by the renter that he or she is legally responsible for compliance by all occupants of the short-term rental and any guests with the conditions of this Section and the terms of the rental agreement.
4. Acknowledgment by the renter of receipt of a copy of the good neighbor brochure.
5. Acknowledgment and agreement that the City may inspect the short-term rental property, for cause, upon 24 hours' notice.
Article 5 Special Regulations
Paso Robles Zoning Code 5-55
21.64.040. OCCUPANCY AND GUEST LIMITS FOR SHORT-TERM RENTALS The number of overnight occupants and guests for each short-term rental property shall be limited in accordance with Table 21.64.030-2 (Non-Hosted Accommodation Separation Requirement) and State law, based on the number of bedrooms identified in the Short-Term Rental Permit.
21.64.050. SHORT-TERM RENTAL HOTLINE
A. The City shall establish and maintain a non-emergency hotline telephone number for the express purpose of receiving complaints regarding the operation of any short-term rental property, and forwarding those complaints to both the owner and authorized agent, if any, for that short-term rental property for immediate resolution of the complaint, and/or, if necessary, to the Paso Robles Police Department if the complaint has not been resolved. Owner/authorized agent will be responsible for paying any and all City costs incurred in response to the complaint. The hotline number and the City complaint policy shall be included in all permits, the good neighbor brochure, and in all rental agreements for all short-term rental properties. In addition, the City shall post the hotline number on the City website.
B. The City/hotline shall maintain a record of complaints received on the hotline that shall include the following information:
1. Date and time of complaint;
2. Nature of complaint;
3. Address of the short-term rental property that is the subject of the complaint;
4. Complainant's name, address, and contact information;
5. Actions taken by the hotline attendant in response to the complaint including, but not limited to:
persons contacted, including law enforcement, if applicable, and date and time of actions taken in response to complaint; and
6. Corrective action taken by owner/authorized agent in response to complaint.
C. Hotline Response.
1. The owner or authorized agent shall resolve the complaint within 30 minutes of being notified of a complaint by the hotline.
2. The owner or authorized agent shall notify the hotline attendant of the corrective action taken and results obtained within thirty minutes of being notified of a complaint by the hotline.
3. If the owner or authorized agent believes the situation is unsafe, they shall immediately contact the Police Department for assistance. Proactively contacting the Police Department for assistance will not be counted as a permit violation.
21.64.060. ENFORCEMENT
A. Revocation of Permit. Any person violating any of the provisions of this Chapter shall be guilty of a misdemeanor. At any time during the term of permit, the Director is authorized to initiate proceedings to revoke a permit (or pursue any other remedy set forth in Title 1 (General Provisions) of this Code), if the Director determines in his or her discretion that:
Article 5 Special Regulations
Paso Robles Zoning Code 5-56
1. The permittee provided materially false or misleading information in any submittal required under this Chapter; or
2. The permittee has committed a total of 3 violations of a combination of any of the violations specified in Subsection 21.64.060.B (Cause for Revocation for Non-Renewal of a Permit) below within a 12-month period; or
3. The permittee fails to maintain an active Business License tax certificate per Chapter 3.28.
In the event the Zoning Administrator determines that any of the conditions described above exists, the Director is authorized to issue an order specifying the violations to be cured. If the permittee fails to cure the violations identified in the order within the time period specified, the Director may pursue any of the remedies set forth in Title 1 of the Paso Robles Municipal Code, including but not limited to the issuance of administrative citations, revocation of permit, criminal prosecution, and/or civil action. The City Council may, by resolution, establish escalating administrative fines for violations of this Chapter. The applicant or any interested person may appeal the decision of the Zoning Administrator to the Planning Commission pursuant to the procedures set forth in Chapter 21.25 (Appeals and Calls for Review).
B. Cause for Revocation or Non-Renewal of a Permit.
1. Failure to remit required fees and taxes.
2. Attempt to transfer the permit to another owner.
3. Operation for other than the specific purpose of the property as a short-term rental including, but not limited to:
a. Criminal activity, habitual public nuisance, or serial violation of the ordinance take place at, on, or with respect to the short-term rental property. b. Keeping of a disorderly place; that is, the ownership and/or management of any property purported to be a short-term rental where unlawful practices regularly occur will result in the loss of the Short-Term Rental Permit.
4. Operation of the property for other than the specific purpose of a short-term rental including but not limited to allowing or taking part in dealing of controlled substances, gambling, pandering, or prostitution, or sub-letting for such illegal use or uses.
5. Keeping of a disorderly place, defined as 1 or more criminal complaints verified within a 12-month period or 2 or more complaints requiring law enforcement response, also within 12-month period.
6. The property constitutes a public nuisance pursuant to Section 9.06.030 (Nuisances) of this Code.
In addition to any other remedy allowed by law, the City may enforce the provisions of this Chapter through the provisions Chapter 9.06 (Nuisance Abatement) of this Code, including civil, criminal, and administrative abatement proceedings, administrative citations, and penalties.
7. Failing to comply with regulations specified (by written notice) all related corrective measures within a 30-day period.
8. Advertising the short-term rental and purposely not including in the advertisement display the Short-Term Rental Permit identification.
9. Failure to comply with the short-term rental occupancy and parking requirements.
Article 5 Special Regulations
Paso Robles Zoning Code 5-57
10. Failure to maintain solid waste and recycling consistent with short-term rental requirements.
C. Operating Without a Permit. Operating a short-term rental without a permit is a violation of this Code and any person operating a short-term rental without a permit is guilty of a misdemeanor subject to the enforcement process and a fine of not more than $1,000. Each owner and/or authorized agent is guilty of a separate offense for each and every day during any portion of which the violation of this Chapter or any rule or regulation promulgated there under is continued.
D. Pursuant to California Government Code Section 38771, the City Council hereby declares the following condition to constitute a public nuisance: operating and/or maintaining a short-term rental without a valid permit.
E. The penalties in this Chapter are in addition to, and not in lieu of, any other available remedy at law. All remedies prescribed under this Chapter shall be cumulative and the election of 1 or more remedies shall not bar the City from the pursuit of any other remedy for the purpose of enforcing the provisions hereof or in the abatement of any public nuisance.
CHAPTER 21.65. URBAN DWELLING UNITS
21.65.010. PURPOSE.
The purpose of this section is to allow and appropriately regulate urban dwelling units in accordance with California Government Code Section 65852.21.
21.65.020. DEFINITION.
An "urban dwelling unit" means the definition listed in Section 21.91.220 (“U” Definitions).
21.65.030. APPLICATION.
A. Only individual property owners may apply for an urban dwelling unit. "Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by California Revenue and Tax Code Section 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Section 214.15).
B. An application for an urban dwelling unit shall be submitted on the City's approved form and shall include information showing compliance with the applicable standards contained within this Code.
C. When determined necessary by the Zoning Administrator, the applicant shall obtain a Certificate of Compliance for the lot in conformance with the Subdivision Map Act.
D. Only a complete application will be considered. The City shall inform the applicant in writing of any incompleteness within 30 days after the application is submitted.
E. The City may establish a fee to recover its costs for adopting, implementing, and enforcing this Chapter of the Code, in accordance with applicable law. The City Council may establish and change the fee by resolution. The fee shall be paid with the application.
F. Other sections of this Code are applicable to the extent they:
Article 5 Special Regulations
Paso Robles Zoning Code 5-58
1. Are objective;
2. Avoid physically precluding a primary dwelling unit and urban dwelling unit least 800 square feet in floor area each; and
3. Do not conflict with Chapter 21.65 (Urban Dwelling Units).
G. In the event of a conflict, the provisions of Chapter 21.65 (Urban Dwelling Units) control.
21.65.040. APPROVAL.
A. An application for an urban dwelling unit shall be approved or denied ministerially, by the Zoning Administrator, without discretionary review. Requirements for urban dwelling units may not be modified with an applications for Site Plan Modifications (Section 21.17.020) or Development Plan Modifications (Section
21.16.020).
B. The ministerial approval of an urban dwelling unit shall not take effect until the City has confirmed that the required documents have been recorded, such as the deed restriction and easements.
C. The approval shall require the owner and applicant to hold the City harmless from all claims and damages related to the approval and its subject matter.
D. The approval shall require the owner and applicant to reimburse the City for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this Code.
21.65.050. REQUIREMENTS.
An urban dwelling unit project shall satisfy each of the following requirements:
A. Map Act Compliance. The lot shall have been legally subdivided.
B. Zoning District. Urban dwelling units are allowed in the R-1 Zoning District.
C. Lot Location.
1. The lot shall not be located on a site that is any of the following described by any of the subparagraphs of California Government Code Section 65913.4(a)(6)(B)—(K), as may be amended from time to time:
a. Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
b. A wetland.
c. Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards. d. A hazardous waste site that has not been cleared for residential use. e. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection Building Code standards. f. Within a 100-year flood hazard area, unless the site either:
Article 5 Special Regulations
Paso Robles Zoning Code 5-59
(1) Has been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or (2) Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program and Chapter 21.80 (Floodplain Management) of this Code. g. Within a regulatory floodway, unless all development on the site has received a no-rise certification and is in compliance with City's flood plain ordinance (Chapter 21.80). h. Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan. i. Habitat for protected species.
j. Land under conservation easement.
D. Not Historic. The parcel shall not contain a structure listed on the City's historic resources inventory, be a historic property, or be within a historic district that is included on the State historic resources inventory. Nor may the parcel be or be within a site that is designated by ordinance as a City or County landmark or as a historic property or district.
E. No Impact on Protected Housing. The urban dwelling unit project shall not require or include the demolition or alteration of any of the following types of housing:
1. Housing that is income-restricted for households of moderate, low, or very low income.
2. Housing that is subject to any form of rent or price control through a public entity's valid exercise of its policy power.
3. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (California Government Code Sections 7060—7060.7) at any time in the 15 years prior to submission of the urban lot split application.
4. Housing that has been occupied by a tenant in the last 3 years. The applicant and the owner of a property for which an urban dwelling unit is sought shall provide a sworn statement as to this fact with the application for the parcel map. The City may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the City may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.
F. Unit Standards.
1. Quantity.
a. No more than 2 dwelling units of any kind may be built on a lot that results from an Urban Lot Split (Chapter 22.34). For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, an ADU, or a JADU. b. A lot that is not created by an urban lot split may have a primary dwelling unit, urban dwelling unit, plus any ADU or JADU that is allowed under State law and Chapter 21.58 (Accessory Dwelling Units).
Article 5 Special Regulations
Paso Robles Zoning Code 5-60
2. Unit Size.
a. The total floor area of an urban dwelling unit that is developed under this Chapter shall be a minimum of 800 square feet of conditioned living space. b. No application of a development standard shall physically preclude the construction of up to two 800-square foot units on the lot. When necessary, development standards shall be modified by the Zoning Administrator in the following order and only as necessary to enable the construction of two 800 square-foot units:
(1) Maximum lot coverage (see Table 21.33.030-1 [Development Standards for R-A, R-1 and R-1 Combining Districts]);
(2) Structure separation (see Table 21.33.030-1 [Development Standards for R-A, R-1 and R-1 Combining Districts]);
(3) Open space;
(4) Height;
(5) Rear and side setbacks;
(6) Front setback;
(7) Oak tree preservation (Chapter 10.01).
3. Height and Setback Restrictions.
a. Existing structures. No setback is required for an existing legally established structure that is converted into an urban dwelling unit or for a new urban dwelling unit that is constructed in the same location and to the same dimensions as an existing legally established structure.
b. Urban dwelling units shall conform to the front setback for a primary dwelling unit in the applicable zoning district (see Table 21.33.030-1 [Development Standards for R-A, R-1 and R-1 Combining Districts]).
c. Urban dwelling units shall be limited to the side and rear setback and height combinations listed in Table 21.65.050-1 (Allowed Urban Dwelling Unit Height / Setback Combinations).
Table 21.65.050-1: Allowed Urban Dwelling Unit Side and Rear Setback / Height Combinations Minimum Side and Rear Setbacks Maximum Height
No less than 4 feet 16 feet and one story
No less than the setback requirements for a primary
residence in the applicable zoning district (see Table
21.33.030-1 [Development Standards for R-A, R-1 and R1 Combining Districts]) The maximum height allowed for a primary residence in the applicable zoning district (see Table 21.33.030-1 [Development Standards for R-A, R-1 and R-1 Combining Districts])
d. No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot with a urban dwelling unit.
Article 5 Special Regulations
Paso Robles Zoning Code 5-61
4. Demolition Cap. The urban dwelling unit project may not involve the demolition of more than 25 percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last 3 years.
5. Open Space. All lots shall provide a usable, unobstructed natural or manufactured (graded) area 10 feet in depth for each dwelling unit. "Usable" means that the slope is not more than 5 percent.
Where a residential building is designed to be built into existing natural slopes, this requirement may be met by providing either a five-foot wide usable manufactured area no less than the full width of a dwelling unit, or a deck a minimum of 10 feet in depth and no less than the full width of a dwelling unit.
6. Parking. Each new primary dwelling unit or urban dwelling unit shall have at least 1 covered, offstreet parking space per unit unless a parking space shall not be imposed by the City pursuant to California Government Code Section 66314(d)(10).
7. Architecture.
a. If there is a legal primary dwelling on the lot that was established before the urban dwelling unit, the urban dwelling unit shall match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.
b. If there is no legal primary dwelling on the lot before the urban dwelling unit, the primary dwelling unit and urban dwelling unit shall match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.
c. The urban dwelling unit and any primary dwelling unit built at the same time as the urban dwelling unit shall use at least 5 of the following architectural features on all front and any street side elevations and at least 3 of the following architectural features on all interior side and rear yard elevations, as appropriate for the building type and style:
(1) Dormers;
(2) Gables;
(3) Recessed entries;
(4) Covered porch entries;
(5) Cupolas or towers;
(6) Pillars or posts;
(7) Eaves (minimum six-inch projection);
(8) Off-sets in building face or roof (minimum 16 inches); (9) Window trim;
(10) Bay or oriel windows;
(11) Balconies;
Article 5 Special Regulations
Paso Robles Zoning Code 5-62
(12) Decorative patterns on exterior finishes (for instance, scales/shingles, wainscoting, ornamentation, and similar features); and
(13) Decorative cornices and roof lines.
d. All exterior lighting shall be limited to down-lights that are shielded so that the light source is not visible from off-site. Shielding shall be at least 2 inches in dimension. e. No window or glass door of a dwelling that is constructed on the lot may have a direct line of sight to an adjoining residential window within 10 feet. Fencing, landscaping, or privacy glass (such as frosted glass) may be used to provide screening and prevent a direct line of sight.
8. Nonconforming Conditions. An urban dwelling unit may only be approved if all nonconforming zoning conditions are corrected.
9. Frontage Improvements. Frontage improvements for an urban dwelling unit shall be required to the extent applicable and consistent with State law and in conformance with Section 11.12.030 (Required Frontage Improvements—Curb, Gutter, Sidewalk, Curb Ramps, Driveway Aprons, Street and Alley Paving). Frontage improvements shall be constructed, prior to final occupancy of the first dwelling unit (primary or urban dwelling unit) constructed after application for an urban dwelling unit.
10. Utilities.
a. Each primary dwelling unit and urban dwelling unit on the lot shall have its own direct utility connection to each utility service provider.
b. Urban dwelling units shall be served by the City sewer system when reasonably available as specified in Section 14.08.270 (Permit for Septic System). For urban dwelling units 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. A percolation test shall be completed within the last 5 years or, if the percolation test has been recertified by a licensed civil engineer, within the last 10 years.
c. Urban dwelling units shall be served by City water.
d. Building and Safety. All structures built on the lot shall comply with all current local building standards. A project under this Chapter is a change of use and subjects the whole of the lot, and all structures, to the City's current Code.
11. Slope. Urban dwelling units are subject to the objective standards for Hillside Development (Chapter 21.81).
G. Fire-Hazard Mitigation Measures.
1. All dwellings on the site must comply with current Building and Fire Code requirements for dwellings in a very high fire hazard severity zone.
2. Prior to submitting an application for an urban lot split, the applicant must obtain a Certificate of Compliance with all applicable fire-hazard mitigation measures in accordance with this subpart.
Article 5 Special Regulations
Paso Robles Zoning Code 5-63
The City or its authorized agent must inspect the site, including all structures on the site, and certify as to its compliance. The certificate must be included with the application. The applicant must pay the City's costs for inspection. Failure to pay is grounds for denying the application.
H. Separate Conveyance.
1. The dwelling units on the lot may not be owned or conveyed separately from each other.
2. Condominium airspace divisions and common interest developments are not permitted within the lot.
3. All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.
I. Regulation of Uses.
1. Residential-only. No non-residential use is permitted on the lot.
2. No Short-Term Rentals. No dwelling unit on the lot may be rented for a period of less than 30 days.
3. Owner Occupancy. Unless the lot was formed by an urban lot split (Chapter 22.34), the individual property owners of a lot with an urban dwelling unit shall occupy 1 of the dwellings on the lot as the owners' principal residence and legal domicile.
J. Notice of Construction.
1. At least 30 business days before starting any construction of an urban dwelling unit, the property owner shall give written notice to all the tenants and owners of record of each of the adjacent residential parcels, which notice shall include the following information:
a. Notice that construction has been authorized,
b. The anticipated start and end dates for construction, c. The allowed hours of construction,
d. Contact information for the project manager (for construction-related complaints), e. Contact information for the property owner, and
f. Contact information for the Community Development Department.
2. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under State law, the City has no discretion in approving or denying a particular project under this Chapter. This notice requirement is purely to promote neighborhood awareness and expectation.
K. Deed Restriction. The owner shall record a deed restriction, acceptable to the City, that does each of the following:
1. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
2. Expressly prohibits any non-residential use of the lot.
Article 5 Special Regulations
Paso Robles Zoning Code 5-64
3. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
4. If the lot is not created by an Urban Lot Split (Chapter 22.34): expressly requires the individual property owners to live in 1 of the dwelling units on the lot as the owners' primary residence and legal domicile.
5. States that:
a. If the lot is formed by an Urban Lot Split it is subject to the City's Urban Lot Split (Chapter
22.34) regulations, including all applicable limits on dwelling size and development standards.
b. Development on the lot is limited to development of a primary dwelling unit (Sections
21.33.030 [Development Standards in Single-Family Residential Zoning Districts and
21.33.040 [Additional Development Standards in Single-Family Residential Zoning Districts), Urban Dwelling Unit (Chapter 21.65), and Accessory Dwelling Units (Chapter
21.58) except as otherwise provided or required by State law.
21.65.060. SPECIFIC ADVERSE IMPACTS.
A. Notwithstanding anything else in this Section, the City may deny an application for an urban dwelling unit if the Building Official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
B. "Specific adverse impact" has the same meaning as in California Government Code Section 65589.5(d)(2):
"a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete" and does not include:
1. Inconsistency with the Zoning Code or general plan land use designation; or
2. The eligibility to claim a welfare exemption under California Revenue and Taxation Code Section 214(g).
C. The Building Official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.
21.65.070. REMEDIES.
If an urban dwelling unit violates any part of this Code or any other legal requirement:
A. The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.
B. The City may:
1. Bring an action to enjoin any attempt to sell, lease, or finance the property.
2. Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
Article 5 Special Regulations
Paso Robles Zoning Code 5-65
3. Pursue criminal prosecution, punishable by imprisonment in County jail or State prison for up to 1 year, by a fine of up to $10,000, or both; or a misdemeanor.
4. Record a notice of violation.
5. Withhold any or all future permits and approvals.
6. Pursue all other administrative, legal, or equitable remedies that are allowed by law or this Code.
CHAPTER 21.66. WIRELESS COMMUNICATIONS FACILITIES
21.66.010. PURPOSE AND APPLICABILITY
A. Intent and Purpose. The purpose of this Chapter is to regulate the installation, operation and maintenance of wireless communications facilities in the City while providing placement, design, and screening criteria to protect the public health, safety, general welfare, and quality of life in the City consistent with applicable Federal and State requirements. Additionally, the standards in this Chapter make wireless communications reasonably available while preserving the visual aesthetics of the community through the promotion of stealthing techniques that architecturally integrate or camouflage wireless communications facilities with their surroundings.
B. Applicability and Exemptions. The requirements of this Section apply to all wireless communications facilities , except as exempted. The following are exempt from the provisions of this Chapter:
1. Amateur Radio Antenna. Any antenna, including its support structure, used by an authorized amateur radio operator licensed by the Federal Communications Commission that does not exceed a height of 15 feet above the maximum allowable building height of the zoning district in which it is located. For the purpose of this Section, amateur radio means the licensed non-commercial, nonprofessional, private use of designated radio bands for purposes of private recreation including the non-commercial exchange of messages and emergency communication. This includes HAM radio and citizens band antenna.
2. Government Antenna. Any antenna, dish, or similar equipment owned and/or operated by any government entity.
3. Radio or Television Antenna. Any ground- or building-mounted antenna that receives radio or television signals for use only by owners or occupants of the property or development on which the antenna is located that does not exceed a height of 10 feet above the maximum allowable building height for the zoning district in which the antenna is located.
4. Satellite Dish Antenna. Ground- or building-mounted dish antenna that is 1 meter (39.37 inches) or less in diameter and is designed to receive direct broadcast satellite service, including direct-tohome satellite service, or to receive or transmit fixed wireless signals as defined by Section 207 of the Telecommunications Act of 1996, Title 47 of the Code of Federal Regulations, and any interpretive decisions thereof issued by the Federal Communications Commission.
5. Temporary Facility. Placement of a temporary wireless communications facility for a period of not more than 30 days following Federal, State or City declaration of an emergency or disaster or as part of a City permitted or sponsored special event.
6. Wi-Fi Routers. Any wireless facilities located within a structure and intended to provide wireless service only within the same structure, including Wi-Fi hotspots and access points.
Article 5 Special Regulations
Paso Robles Zoning Code 5-66
21.66.020. DEFINITIONS
For the purposes of this Chapter, the following terms and phrases have the meaning ascribed to them in this Chapter.
A. "Co-location" means the same as defined by the Federal Communications Commission in 47 C.F.R. Section
1.40001(b)(2), as may be amended, which defines that term as the mounting or installation of a new wireless communications facility on an eligible support structure that is existing at the time a complete application for the new wireless communications facility is received by the City pursuant to Section
21.66.030 (Permit Requirements). As an illustration and not a limitation, the Federal Communications Commission’s definition effectively means “to add” and does not necessarily refer to more than one wireless communications facility installed at a single site.
B. “Existing wireless communications facility” means the same as defined by the Federal Communications Commission in 47 C.F.R. Section 1.40001(b)(4), as may be amended, which provides that a constructed wireless communications facility that has been reviewed and approved under the applicable zoning and permitting process or is legal nonconforming pursuant to Section 21.74.020 (Establishment of Legal Nonconforming Status).
C. “Freestanding wireless communications facility” means a freestanding antenna support structure erected to support wireless communication facilities, associated equipment cabinets, and connecting appurtenances.
This includes guyed towers, self-supporting lattice towers, monopoles, camouflage structures, replacement utility poles, and other self-supporting poles and towers accommodating wireless communication antennas.
D. “Modification, Major” and “Modification, Minor” mean an alteration proposed or made to an existing wireless communication facility and shall not have the same meaning as a Site Plan Modification (Section 21.17.020) or Development Plan Modification (Section 21.16.020).
E. "Public right-of-way" means a public alley or street.
F. "Wireless communications facility" means a facility that transmits and/or receives electromagnetic or radio frequency waves, including, but not limited to towers, antennas, monopoles, distributed antenna systems, wireless utility monitoring and control services, support or accessory structures and related equipment.
Amateur radio operators are not included in this definition.
21.66.030. PERMIT REQUIREMENTS
A. Permitting Process.
1. New Wireless Communications Facilities.
a. New Wireless Communications Facilities Outside the Public Right-of-Way. A Conditional Use Permit is required for wireless communications facilities outside of the public right-of-way. See Table 21.32-1 (Zoning District Use Regulations) for zoning districts where wireless communications facilities are permitted subject to approval of a Conditional Use Permit pursuant to Chapter 21.19 (Conditional Use Permit and Administrative Use Permits).
b. New Wireless Communications Facilities in the Public Right-of-Way. (1) An Administrative Use Permit is required for wireless communications facilities in the public right-of-way pursuant to Chapter 21.19 (Conditional Use Permit and
Article 5 Special Regulations
Paso Robles Zoning Code 5-67
Administrative Use Permits). Administrative Use Permit applications shall be reviewed, approved, conditionally approved, or denied by the Zoning Administrator in consultation with the City Engineer.
(2) Wireless communications facilities in the public right-of-way are subject to the standards in Section 21.66.040 (Development and Design Standards), Section
21.66.050 (Operation and Maintenance), and Section 21.66.060 (City Changes to the Public Right-of-Way). The applicant shall provide scaled drawings signed by a licensed professional demonstrating that any encroachments in the public right-of-way will not affect handicapped accessibility or traffic safety. Applicants shall also obtain all applicable encroachment and building approvals and permits.
2. Alterations to Existing Wireless Communications Facilities. a. Major Alterations. Major alterations to an existing wireless communications facility shall be subject to the applicable permitting process required for a new wireless communications facility in Paragraph 21.66.030.A.1 (New Wireless Communications Facilities). Major alterations are those that meet one or more of the following criteria:
(1) The alteration would:
(a) Not comply with conditions of approval in the Conditional Use Permit or Administrative Use Permit, provided however that this limitation does not apply to any alteration that is non-compliant only in a manner that would not exceed the thresholds identified in any of the criteria of Subsection 21.66.030.C (Application Factors Considered – Findings of Approval).
(b) Entail any excavation or deployment outside the existing site; or (c) Defeat the concealment elements of the eligible support structure. (2) For wireless communications facilities outside the public right-of-way, the alteration would:
(a) Increase the height of the tower by more than 10 percent or by the height of 1 additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; (b) Involve adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; or
(c) Involve installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed 4 cabinets that are outside of or visible from outside of any existing equipment screening enclosure.
(3) For wireless communications facilities in the public right-of-way the alteration would:
Article 5 Special Regulations
Paso Robles Zoning Code 5-68
(a) Increases the height of the structure by more than 10 percent or more than 10 feet, whichever is greater;
(b) Involve adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than 6 feet; or (c) Involve installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10 percent larger in height or overall volume than any other ground cabinets associated with the structure.
b. Minor Alteration. The following are considered minor alterations to an existing wireless communications facility and shall be subject to approval of a building permit only. (1) Decrease or do not increase capacity, including alterations such as replacing the existing antenna with a smaller antenna, installing quieter equipment, or decreasing the number of antennas.
(2) Where a proposed wireless communications facility will be placed on a previously approved wireless communications facility and is consistent with requirements of the applicable Conditional Use Permit, Administrative Use Permit, or other installation permit.
(3) Any co-location that meets the requirements of California Government Code Section 65850.6.
(4) Alteration of an existing wireless tower or base station that does not substantially change the dimension of such tower or base station within the meaning of Public Law 112-96, Section 6409(a) and any Federal Communications Commission regulations or orders interpreting this Section, including Wireless Infrastructure Order FCC 14-153 (2014). An application for a alteration pursuant to this Subparagraph shall expressly request treatment under this Subparagraph and shall identify, with supporting documentation, how the alteration qualifies under this Subparagraph.
B. Application Submittal Requirements.
1. In addition to the submittal requirements for any applicable Conditional Use Permit or an Administrative Use Permit pursuant to Chapter 21.19 (Conditional Use Permits and Administrative Use Permits), the following information shall be provided in a manner deemed appropriate by the Zoning Administrator:
a. Documentation of compliance with Federal Communications Commission regulations pertaining to radio frequency emissions, including cumulative emissions from any existing wireless communications facilities on the site and the proposed wireless communications facility;
b. An accurate representation of the appearance and visual impact of the wireless communications facility;
Article 5 Special Regulations
Paso Robles Zoning Code 5-69
c. Pursuant to Paragraph 21.66.030.C.2, evidence of a significant gap in service (if applicable); and
d. Documentation demonstrating compliance of the wireless communications facility with the application factors listed in Subsection 21.66.030.C (Application Factors Considered – Findings for Approval);
2. The applicant shall be financially responsible any third-party review of the application submittal items if deemed necessary by the Zoning Administrator.
C. Application Factors Considered - Findings for Approval.
1. In addition to the required findings for any applicable Conditional Use Permit or an Administrative Use Permit pursuant to Chapter 21.19 (Conditional Use Permits and Administrative Use Permits), the review authority shall make the following findings before granting approval for a wireless communications facility:
a. The wireless communications facility complies with the design and development standards in this Chapter and with the applicable zoning standards where the wireless communications facility is proposed to be located;
b. The wireless communications facility complies with height and setback standards; c. When exceptions to the design and development standards in this Chapter are requested, the applicant has demonstrated the exception is justified due to a significant gap in service that cannot be remedied with a compliant wireless communications facility; d. The wireless communications facility is sufficiently distant from residential uses to protect public health, prevent nuisance, and to be consistent with the character of the neighborhood;
e. The wireless communications facility is compatible with the nature of uses on adjacent and nearby properties;
f. The surrounding topography and landscaping will assist in the screening of the wireless communications facility and will not contribute to its visibility off site; g. The stealth design and screening are of high quality and are compatible with the surrounding neighborhood, offsite views, other nearby structures; h. The wireless communication facility will not have a significantly negative impact on public views and the visual quality of the surrounding areas;
i. There are no facilities or buildings reasonably available for collocation; j. The wireless communications facility will not have a significantly negative impact to the future use and aesthetics of the public right-of-way and streetscape character; and k. The wireless communications facility will not have a significantly negative impact to historic structures, historic districts, parks, and the Downtown historic core.
Article 5 Special Regulations
Paso Robles Zoning Code 5-70
2. In the event that the review authority cannot make findings that the proposed application meets all development standards set forth in this Chapter, the review authority may still approve the application if the following can be documented:
a. The applicant has demonstrated by clear and convincing evidence that the facility is necessary to close a significant gap in the operator's service coverage. b. The applicant has demonstrated by clear and convincing evidence that no feasible alternative site exists that would close a significant gap in the operator's service coverage and that the alternative site under consideration would not result in any adverse impacts to public health, safety, and general welfare.
21.66.040. DEVELOPMENT AND DESIGN STANDARDS
A. Compliance. All new wireless communications facilities and significant alterations to an existing wireless communications facility shall comply with the applicable development and design standards in this Section except when there is a significant gap in service.
B. Standards for All Wireless Communications Facilities.
1. Wireless communications facilities shall be integrated into existing or proposed facilities that are functional for other purposes. The review authority shall have the authority to determine, based on evidence presented, that such integration is neither practical nor feasible based on the size of the proposed wireless communications facility, the area of coverage to be achieved by the wireless communications facility, or other factors supported by evidence.
2. Wireless communications facilities shall incorporate stealth design to minimize aesthetic impacts on surrounding land uses. Stealth design means that the wireless communications facility is designed to closely blend into the surrounding environment or building and to be minimally visible.
Stealth designed antennas and related equipment are either not readily visible beyond the property on which it is located, or, if visible, appear to be part of the existing building, landscape, or environment rather than the wireless communications facility.
3. Wireless communications facilities and any methods to screen wireless communications facilities that are located on the sides or roof of a building shall be match the color of the building and be compatible with the architecture of the building.
4. Accessory equipment shall be co-located within an existing equipment enclosure or undergrounded to the extent technologically feasible. If co-location or undergrounding are not feasible, the equipment shall be designed to match the architecture of adjacent buildings and/or be screened from public view by walls, fences, parapets, landscaping, and similar treatments.
5. Monopoles, antennas, and support structures for antennas shall be no greater in diameter or any other cross-sectional dimension than is reasonably necessary for the proper functioning and physical support of the wireless communications facility and future co-location of additional wireless communications facilities.
6. No wireless communications facility or any portion thereof shall be located within a required setback area unless such location is indicated on the application and requested as part of the application and is approved by the review authority based on information presented to the review authority.
Article 5 Special Regulations
Paso Robles Zoning Code 5-71
7. Wireless communications facilities shall adhere to the height limitations for a structure in the zoning district in which they are located.
8. Wireless communications facilities shall comply with the City's noise ordinance. The City may request that an applicant provide an acoustical analysis to prove compliance. Wireless communications facilities operating in excess of the maximum sound levels permitted by the noise ordinance shall be enclosed to achieve compliance with the noise ordinance. Backup generators or similar equipment that operates only during power outages or other emergencies are exempt from this requirement. Testing of such backup generators or similar equipment may only occur during standard daytime hours.
9. No wireless communications facility shall, by itself or in conjunction with other wireless communications facilities, generate radio frequency emissions and/or electromagnetic radiation in excess of Federal Communications Commission standards and any other applicable regulations.
All wireless communications facilities shall comply with all standards and regulations of the Federal Communications Commission, and any other agency of the State or Federal government agency with the authority to regulate wireless communications facilities.
C. Standards for Freestanding Wireless Communications Facilities. In addition to the standards in Subsection 21.66.040.B (Standards for All Wireless Communications Facilities), the following are required for freestanding wireless communications facilities:
1. An applicant for a freestanding wireless communications facility shall demonstrate as part of the application that a proposed wireless communications facility cannot be placed on an existing building, utility pole, streetlight, or co-located.
2. Freestanding wireless communications facilities shall be located in areas where existing topography, vegetation, buildings or other structures provide the greatest amount of screening to minimize aesthetic impacts on surrounding land uses.
3. Freestanding wireless communications facilities shall be designed to allow for co-location of additional antennas.
4. Freestanding wireless communications facilities shall not utilize guy wires or other diagonal or horizontal support structures.
5. Exterior lighting of freestanding wireless communications facilities is prohibited unless required by the Federal Aviation Administration (FAA) or other government agency.
D. Standards for Wireless Communications Facilities in the Public Right-of-Way. In addition to the standards in Subsection 21.66.040.B (Standards for All Wireless Communications Facilities), the following are required for wireless communications facilities in the public right-of-way:
1. No Administrative Use Permit shall be issued unless the applicant is authorized to place wireless communications facilities within the public right-of-way by franchise, certificate of convenience and necessity, City license, or otherwise. Any City license may be granted in the City's sole discretion as property owner, and not as land use regulator.
2. Wireless communications facilities shall have subdued colors and non-reflective materials that blend in with the surrounding area to the satisfaction of the Zoning Administrator.
Article 5 Special Regulations
Paso Robles Zoning Code 5-72
3. The height of any new wireless communications facility pole or structure shall not exceed 10 vertical feet more than the maximum height allowed in the nearest adjacent zoning district.
4. In residential areas, wireless communications facilities shall not be located within 300 feet of another wireless telecommunications facility; this does not include co-location of sites.
5. All wireless communications facilities and equipment shall be built in compliance with the Americans with Disabilities Act (ADA) and traffic safety standards, including but not limited to surface access in and around facilities.
6. Utility and Light Poles.
a. Antennas in the public right-of-way shall be co-located or installed on existing utility or light poles, except when impractical or technologically infeasible. No new poles may be installed except as replacements for existing poles, or when the applicant provides evidence as part of the application showing why and how complying with the foregoing standard would be impractical or technologically infeasible. b. If a City streetlight or other City-owned structure is used, compensation shall be paid to the City as the owner in compliance with applicable agreements and/or fee schedules. c. All installations on utility poles shall fully comply with California Public Utilities Commission General Order 95.
d. The maximum height of any antenna or antenna radome shall not exceed 6 feet above the height of an existing light pole.
e. Revocation for Non-Use. Wireless communications facility permits shall be revoked if not used within 180 days from the date of approval. The 180-day period may be extended for additional time upon written request to and written approval of the Zoning Administrator.
7. Equipment Location.
a. Equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise inconvenience public use of the right-ofway, or create safety hazards to pedestrians and/or motorists as determined by the City Engineer.
b. Ground-mounted equipment shall be undergrounded to the extent technologically feasible. Ground-mounted equipment that cannot be undergrounded shall be screened, to the fullest extent possible, either within the equipment contained in the pole or through the use of landscaping, walls, or other decorative features, to the satisfaction of the Zoning Administrator.
c. Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Zoning Administrator or his/her designee. d. The wireless communications facility shall not interfere with the use of the public right-ofway and existing subterranean infrastructure and shall not interfere with the City’s plans for alteration of such location and infrastructure.
Article 5 Special Regulations
Paso Robles Zoning Code 5-73
21.66.050. OPERATION AND MAINTENANCE
All wireless communications facilities shall comply at all times with the following operation and maintenance standards. All necessary repairs and restoration shall be completed by the permittee, owner, operator or any designated maintenance agent within 48 hours after discovery or notification of the need.
A. Each permittee of a wireless communications facility shall provide the City with the name, address and 24- hour local or toll-free contact phone number of the permittee, the owner, the operator and the agent responsible for the maintenance of the facility (“contact information”). Contact information shall be updated within 7 days of any change.
B. All wireless communications facilities, including, but not limited to, telecommunication towers, poles, accessory equipment, lighting, fences, walls, shields, cabinets, artificial foliage or camouflage, and the facility site shall be maintained in good condition, including ensuring the facilities are reasonably free of:
1. General dirt and grease;
2. Chipped, faded, peeling, and cracked paint;
3. Rust and corrosion;
4. Cracks, dents, and discoloration;
5. Missing, discolored or damaged artificial foliage or other camouflage;
6. Graffiti, bills, stickers, advertisements, litter, and debris;
7. Broken and misshapen structural parts; and
8. Any damage from any cause.
C. Graffiti shall be removed from a wireless communications facility as soon as practicable, and in no instance more than 24 hours from the time of notification by the City.
D. All trees, foliage or other landscaping elements approved as part of the wireless communications facility shall be maintained in good condition at all times, and the permittee, owner, and operator of the wireless communications facility shall be responsible for replacing any damaged, dead, or decayed landscaping.
E. The permittee shall replace its facilities, after obtaining all required permits, if maintenance or repair is not sufficient to return the facility to the condition it was in at the time of installation.
F. Each facility shall be operated and maintained to comply at all times with the noise standards of this Code and any wireless communications facility conditions of approval, and shall be operated and maintained in a manner that will minimize noise impacts to surrounding residents.
G. Each owner or operator of a wireless communications facility shall routinely inspect each site to ensure compliance with the standards set forth in this Chapter and any conditions of approval.
Article 5 Special Regulations
Paso Robles Zoning Code 5-74
21.66.060. CITY CHANGES TO THE PUBLIC RIGHT OF WAY
A. The permittee shall modify, remove, or relocate its wireless communications facility, or portion thereof, without cost or expense to the City, if and when made necessary by any abandonment, change of grade, alignment or width of any street, sidewalk or other public facility, including the construction, maintenance, or operation of any other City underground or aboveground facilities including but not limited to sewers, storm drains, conduits, gas, water, electric or other utility systems, or pipes owned by City or any other public agency. Said alteration, removal, or relocation of a wireless communications facility shall be completed within a reasonable relocation time frame as determined by the Zoning Administrator. In the event a wireless communications facility is not modified, removed, or relocated within said period of time, City may cause the same to be done at the sole expense of applicant. Further, in the event of an emergency, the City may modify, remove, or relocate wireless communications facilities without prior notice to applicant provided applicant is notified within a reasonable time period thereafter.
21.66.070. SATELLITE DISH ANTENNAE
Satellite dish antennae with diameters of 24 inches or less shall not be installed within a required front yard or within 5 feet of any side or rear property line. Satellite dish antennae with diameters greater than 24 inches shall comply with the following regulations:
A. They shall only be mounted on the ground and shall not be mounted on the roof of any building or structure; B. They shall not be located in any required front yard or within 5 feet of a side or rear property line; C. They shall not exceed 15 feet in height, including any platform or structure upon which they are mounted; D. They shall not extend beyond the property lines of the lot on which they are placed; E. They shall not be unnecessarily bright, shiny, or reflective; and F. The visual impact from adjacent properties and streets shall be minimized via screening by fences, landscaping, buildings, or topography.
21.66.080. ABANDONMENT OR DISCONTINUATION OF USE
A. Within 30 days of discontinuation of use, the wireless communications facility operator shall notify the Zoning Administrator in writing that use of the wireless communications facility has been discontinued. A wireless communications facility shall be completely removed, and the site returned to its pre-wirelesscommunications-facility condition within 180 days of discontinuation of use.
B. Non-operation, disuse (including, but not limited to, cessation of wireless services) or disrepair for 180 days or more shall constitute abandonment under this Chapter or any predecessors to this Chapter.
C. A wireless communications facility that is not removed with 180 days of abandonment or discontinued use will be considered a nuisance and, in addition to any other available remedy, will be subject to abatement under Chapter 9.06 (Nuisance Abatement).
D. The City may require a performance bond or other sufficient security in an amount rationally related to the cost of removing the wireless communications facility and all related facilities and equipment on the site, as determined by the Zoning Administrator. However, the City may not require the owner or operator to post a cash deposit or establish a cash escrow account as security under this Paragraph. In setting the amount of the bond or security, the Zoning Administrator shall take into consideration the estimate of removal costs.
Article 5 Special Regulations
Paso Robles Zoning Code 5-75
21.66.090. REVOCATION FOR VIOLATION.
Any permit granted in accordance with the terms of this Chapter for a wireless communications facility may be revoked if any of the conditions or terms of such permit or variance are violated or if any law or ordinance is violated in connection therewith.
21.66.100. REMOVAL AND RESTORATION
A. Upon termination or revocation of the permit or abandonment of the wireless communications facility, the permittee, owner, or operator shall remove its wireless communications facility and restore the site to its natural condition, except for retaining the landscaping improvements and any other improvements at the discretion of the City. Removal shall be in accordance with proper health and safety requirements and all ordinances, rules, and regulations of the City. The facility shall be removed from the property at no cost or expense to the City. If the wireless communications facility is located on private property, the private property owner shall also be independently responsible for the expense of timely removal and restoration.
B. Failure of the permittee, owner, or operator to promptly remove its facility and restore the property within 30 days after termination or revocation of the permit or abandonment of the facility, shall be a violation of this Code, and be grounds for:
1. Prosecution
2. Calling of any bond or other assurance required by this Chapter or conditions of approval of permit.
3. Removal of the facilities by the City in accordance with the procedures established under this Code for abatement of a public nuisance at the owner’s expense; and/or
4. Any other remedies permitted under this Code.
C. Summary Removal. In the event the City Engineer determines that the condition or placement of a wireless communications facility located in the public right-of-way constitutes a dangerous condition obstruction of the public right-of-way, or an imminent threat to public safety, or determines other circumstances require immediate corrective action, the City Engineer may cause the facility to be removed summarily and immediately without advance notice or a hearing. Written notice of the removal shall be served upon the person who owns the facility within 5 business days of removal and all property removed shall be preserved for the owner’s pick-up as feasible. If the owner cannot be identified following reasonable effort or if the owner fails to pick up the property within 60 days, the facility shall be treated as abandoned property.
D. Removal of Facilities by the City. In the event the City removes a wireless communications facility in accordance with nuisance abatement procedures or summary removal, any such removal shall be without any liability to the City for any damage to such facility that may result from reasonable efforts of removal. In addition to the procedures for recovering costs of nuisance abatement, the City may collect such costs from any performance bond posted and to the extent such costs exceed the amount of the performance bond, collect those excess costs in accordance with this Code. Unless otherwise provided herein, the City has no obligation to store such facility. Neither the permittee, owner nor operator shall have any claim if the City destroys any such facility not timely removed by the permittee, owner, or operator after notice, or removed by the City.
Article 5 Special Regulations
Paso Robles Zoning Code 5-76
21.66.110. USE OF OUTSIDE CONSULTANTS
From time to time, the City may need the services of a qualified outside consultant to serve as third-party reviewer or supplement staff to review and make appropriate recommendations including, but not limited to, compliance with radio frequency emissions standards and/or identification of alternative solutions where there is a possibility that a proposed facility could result in a significant impact to the surrounding area. The use of outside consultants shall be at the applicant's expense. The cost of these services shall be in addition to all other applicable fees associated with the project and shall be contracted for and administered by the City.
21.66.120. STATE OR FEDERAL PREEMPTION.
Notwithstanding any other provision of this Chapter to the contrary, if any provision(s) of this Chapter would give rise to a claim by an applicant that a proposed action by the City would prohibit or have the effect of prohibiting the provision of personal wireless services within the meaning of 47 USC 332(c)(7), or otherwise are preempted or prohibited by state or federal law, evidence of such effect may be grounds for a Variance from the requirements of this Chapter or an appeal of any decision denying an application for a wireless communications facility.
CHAPTER 21.67. RESERVED
CHAPTER 21.68. RESERVED
Article 6 Standards for Specific Land Uses and Activities Paso Robles Zoning Code 6-i
Article 6: Standards for Specific Land Uses and Activities 6 x
Chapter 21.69. Standards for Specific Land Uses and Activities................................................................... 6-1
21.69.010. Purpose and Applicability................................................................................................................. 6-1
21.69.020. Accessory Dwelling Units................................................................................................................. 6-1
21.69.030. Adult Business Uses........................................................................................................................ 6-1
21.69.040. Animal Keeping, Accessory to Residential Use ............................................................................... 6-1
21.69.050. Animal Keeping, Commercial........................................................................................................... 6-3
21.69.060. Bed and Breakfast Inns.................................................................................................................... 6-5
21.69.070. Cannabis.......................................................................................................................................... 6-6
21.69.080. Electricity Generation and Storage Facilities ................................................................................... 6-6
21.69.090. Emergency Shelters - General......................................................................................................... 6-6
21.69.100. Emergency Shelters - Low Barrier Navigation Centers.................................................................... 6-8
21.69.110. Equestrian Facilities......................................................................................................................... 6-8
21.69.120. Food Trucks and Food Truck Courts ............................................................................................... 6-8
21.69.130. Manufactured Homes..................................................................................................................... 6-10
21.69.140. Mobile Home Parks........................................................................................................................ 6-11
21.69.150. Self Storage Facilities .................................................................................................................... 6-12
21.69.160. Personal Services - Restricted....................................................................................................... 6-13
21.69.170. Outdoor Sales, Displays, and Storage........................................................................................... 6-14
21.69.180. Recreational Vehicle Parks............................................................................................................ 6-15
21.69.190. Religious Assembly Facility ........................................................................................................... 6-16
21.69.200. Residential Care Facilities ............................................................................................................. 6-16
21.69.210. Retail – Restricted.......................................................................................................................... 6-17
21.69.220. Right to Farm................................................................................................................................. 6-18
21.69.230. Short-Term Rentals........................................................................................................................ 6-20
21.69.240. Tattoo and Body Art Establishments.............................................................................................. 6-20
21.69.250. Vehicle Fuel Sales and Accessory Service.................................................................................... 6-21 Chapter 21.70. Reserved .................................................................................................................................. 6-22 Chapter 21.71. Reserved .................................................................................................................................. 6-22 Chapter 21.72. Reserved .................................................................................................................................. 6-22 Chapter 21.73. Reserved .................................................................................................................................. 6-22
Article 6 Standards for Specific Land Uses and Activities Paso Robles Zoning Code 6-1
CHAPTER 21.69. STANDARDS FOR SPECIFIC LAND USES AND ACTIVITIES
21.69.010. PURPOSE AND APPLICABILITY
The purpose of this Chapter is to establish standards for the location, site planning, development, and operations of certain land uses that are allowed within individual or multiple zones, as set forth in Chapter 21.32 (Land Use Regulations in Zoning Districts), and for activities that require special standards to reduce their potential adverse impacts.
21.69.020. ACCESSORY DWELLING UNITS
The provisions of Chapter 21.58 (Accessory Dwelling Units) of Title 21 (Zoning Code) shall apply.
21.69.030. ADULT BUSINESS USES
The provisions of Chapter 21.59 (Adult Business Uses) of Title 21 (Zoning Code) shall apply.
21.69.040. ANIMAL KEEPING, ACCESSORY TO RESIDENTIAL USE Animal keeping is allowed as an accessory use to a primary residential use. Animals shall be kept in compliance with Title 8 (Animal Control) of the Municipal Code, and the following standards:
A. Bee Keeping in Single-Family Residential Zoning Districts.
1. Beekeeping shall be in compliance with the California Food and Agricultural Code and California Health and Safety Code.
2. Beekeeper. The person who is the owner of or in possession of an apiary shall be registered as a beekeeper with the County of San Luis Obispo Department of Agriculture/Weights and Measures.
3. Minimum Lot Area. The minimum lot area upon which bees may be kept is 7,000 square feet.
4. Quantity of Hives. The number of hives shall be limited to 1 for every 7,000 square feet of lot area and no more than 6 hives.
5. Location of Hives. Hives shall be located at least 25 feet from residences on adjacent lots and outside the front yard of a lot.
6. Setbacks. Hives shall be located a minimum of 5 feet from the side and rear lot lines and a minimum of 20 feet from public rights-of-way or private streets.
7. Orientation. Hive entrances shall face away from lot lines.
8. Barrier. A 6-foot wall, fence, or hedge shall be located between hives and adjacent lots, or hives shall be placed at a minimum of 8 feet above ground level of the adjacent lot. The purpose of this provision is to provide a solid barrier to help direct bees over 6 feet above ground level when departing the lot to minimize interactions between bees and individuals in the vicinity.
9. Water Source. A water source for bees shall be provided at all times on the property where the bees are kept to discourage bee visitation at swimming pools, hose bibs, and other water sources on adjacent public or surrounding property.
Article 6 Standards for Specific Land Uses and Activities Paso Robles Zoning Code 6-2
B. Horses in Residential Districts. The maintenance of horses (including horses, mules, burros, and ponies) for private use in residential zoning districts shall be permitted subject to the following procedures, regulations and requirements, the general requirements of this Chapter, and only after first obtaining approval by the Zoning Administrator.
1. Minimum Lot Area. The minimum lot area upon which a horse may be kept shall be 1 acre without the need for a Conditional Use Permit. To keep a horse on a lot less than 1 acre (but no smaller than 20,000 square feet) a Conditional Use Permit must first be obtained.
2. Maximum Animal or Acreage Ratio. A maximum of 2 adult horses and their immature offspring may be kept on a 1-acre parcel. One additional adult animal and their immature offspring may be kept for each additional ½ acre (Note: immature offspring shall be defined as a colt or a foal which has not yet been weaned—typically up to 1 year of age).
3. Density Cap. No more than 4 horses may be kept on any given parcel unless a Conditional Use Permit is first obtained.
4. Structures and Setbacks. Stables, corrals, and similar buildings for the keeping of such animals are allowed, provided that none shall be located nearer than 100 feet from the front property line or 50 feet from any existing dwelling on an adjacent lot.
5. Drainage. Every parcel of land upon which such animals are maintained shall be well drained. The surface of corrals or enclosures shall be graded to prevent the accumulation of storm or nuisance water. In no case shall surface runoff with manure or associated debris be diverted onto or across surrounding properties.
6. Maintenance. It is unlawful to keep such animals or the premises in an offensive, obnoxious, or unsanitary condition. It is the intention that no nuisance, private or public, be maintained.
7. Nonpermitted Activities. The operation of commercial animal-related activities shall be prohibited within residential zoning districts. Such prohibited activities shall include, but may not be limited to:
boarding of a horse(s) other than those owned by the resident of the property, public riding stables, rental of animals, breeding services, and arenas.
8. Visiting Horses. Transient visits by horses to a property (such as for joint riding ventures or loading and unloading in trailers) shall not exceed 12 hours in a period of 30 days.
9. Conformity Required. No horse shall be kept within the City for any periods of time unless the requirements of this Section are met. Noncompliance with these regulations shall be deemed a public nuisance and shall be handled within the authority and scope of this Chapter and Chapter
1.02 (Penalties). Consistent with provisions for dealing with public nuisance abatement, the cost for the abatement of such nuisance shall be the responsibility of the property owner.
10. When a Conditional Use Permit is Required. When a Conditional Use Permit is required by this Section, the standards applied to such Conditional Use Permit shall be, at a minimum, subject to the same standards noted within this Section, but may also include additional standards and/or controls in order to maintain neighborhood compatibility. Such controls may include, but may not be limited to, increased setbacks of structures from dwellings, improved structural integrity of fencing, and specialized schedules or techniques for site maintenance and/or development.
Article 6 Standards for Specific Land Uses and Activities Paso Robles Zoning Code 6-3
C. Other Animals in Residential Districts. The maintenance of large animals other than horses (including cows, sheep, goats, llama, and ostrich, but specifically excluding swine, which are prohibited except where Commercial Animal Keeping is allowed) may be allowed only after first obtaining a Conditional Use Permit (Chapter 21.19). The keeping of such animals shall, at a minimum, be subject to the same standards as applicable to horse keeping, but additional standards and/or controls may be applied through the Conditional Use Permit process in order to maintain neighborhood compatibility. Such additional standards may include, but may not be limited to, increased setbacks of structures from dwellings, improved structural integrity of fencing, and specialized schedules or techniques for site maintenance and/or development.
Animals shall satisfy all applicable requirements of the U.S. Department of Agriculture, Fish and Wildlife Service, U.S. Department of Public Health, California Department of Fish and Wildlife, and the California Department of Food and Agriculture.
21.69.050. ANIMAL KEEPING, COMMERCIAL
A. Purpose. The purpose of this Section is to provide reasonable standards for the commercial keeping and raising of animals to avoid and minimize adverse impacts on adjacent properties (including, but not limited to, the propagation of flies and other disease vectors, dust, noise, offensive odors, soil erosion, and sedimentation) and to preserve the City’s quality and character, where Commercial Animal Keeping as defined in Chapter 21.91 (Land Use Definitions) is allowed by Chapter 21.32 (Land Use Regulations in Zoning Districts). See also Section 21.69.110 (Equestrian Facilities).
B. Maintenance and Operational Standards. In addition to the general performance standards for all uses in Chapter 21.85 (Performance Standards - General) of this Title, the following shall apply to Commercial Animal Keeping:
1. Odor and Vector Control. All animal enclosures, including but not limited to pens, coops, cages, and feed areas shall be maintained free from litter, garbage, and the accumulation of manure so as to discourage the proliferation of flies, other disease vectors, and offensive odors. Sites shall be maintained in a neat and sanitary manner and shall not create a nuisance.
2. Erosion and Sedimentation Control. In no case shall an animal-keeping operation be managed or maintained so as to produce sedimentation on any public road, adjoining property, or in any drainage channel. In the event such sedimentation occurs, the keeping of animals outdoors on the site shall be deemed a nuisance and may be subject to abatement as set forth in Title 9 (Public Safety), Chapter 9.06 (Nuisance Abatement) of the Paso Robles Municipal Code.
C. Standards for Low-Density Commercial Animal Keeping. Commercial Animal Keeping is a permitted use as allowed by Chapter 21.32 (Land Use Regulations in Zoning Districts) when it occurs at the minimum lot size, minimum setbacks, and maximum density listed in Table 21.69.050-1 (Low-Density Commercial Animal Keeping Standards).
Table 21.69.050-1: Low-Density Commercial Animal Keeping Standards Type of Animal Minimum
Lot Size
Minimum
Setbacks1
Maximum
Density2
Bees 0.5 acre 50 feet 12 hives
Birds (domestic or exotic other than poultry)3 0.5 acre 50 feet 20 birds Poultry 0.5 acre 50 feet 20 poultry
Rabbits 0.5 acre 50 feet 20 rabbits
Sheep and Goats (and other animals of
similar size at maturity)
1 acre 100 feet 6 animals/acre
Article 6 Standards for Specific Land Uses and Activities Paso Robles Zoning Code 6-4
Table 21.69.050-1: Low-Density Commercial Animal Keeping Standards Type of Animal Minimum
Lot Size
Minimum
Setbacks1
Maximum
Density2
Horses (excluding equestrian facilities,
which are defined separately)
1 acre 100 feet 4 horses/acre up to
30 animals
Cattle 1 acre 100 feet 3 cattle/acre
Pigs 1 acre 100 feet 4 pigs (one of which
may be a male)
Worm Farm - 50 feet -
Notes:
1 As measured from all animal enclosures and pasture areas to existing residential uses (e.g. dwellings, swimming pools, patios, or other living areas) on adjoining lots. 2 Density limitations shall not apply to unweaned offspring. 3 Applicants should be advised that the keeping of imported birds may also require approval by the U.S. Department of Agriculture, Fish and Wildlife Service, U.S. Department of Public Health, California Department of Fish and Game, and/or California Department of Food and Agriculture.
D. High-Density Commercial Animal Keeping.
1. Standards for High-Density Commercial Animal Keeping. Commercial Animal Keeping that does not meet the lot size, setback, or maximum density standards of Table 21.69.050-1 (LowDensity Commercial Animal Keeping Standards) is allowed where listed in Chapter 21.32 (Land Use Regulations in Zoning Districts), but is subject to approval of a use permit (see Chapter 21.19 [Conditional Use Permits and Administrative Use Permits]), additional standards specified in Table
21.69.050-2 (High-Density Commercial Animal Keeping Standards), and as required by the review authority.
Table 21.69.050-2: High-Density Commercial Animal Keeping Standards Type of Animal1 Approval Required Additional Standards
Bees Administrative Use Permit
Birds (domestic or
exotic birds other than
poultry)
Administrative Use Permit
Poultry (21-99 animals) Administrative Use Permit
Poultry (100 or more
animals)
Conditional Use Permit 1. Minimum site size: 5 acres
2. Additional notice is required as described
in Paragraph 21.69.050.D.2 (Additional
Notice).
Rabbits Administrative Use Permit
Sheep and Goats (and
other animals of similar
size at maturity)
Conditional Use Permit Additional notice is required as described in Paragraph 21.69.050.D.2 (Additional
Notice).
Horses (excluding
equestrian facilities,
which are defined
separately)
Conditional Use Permit 1. Minimum site size: 8 acres
2. Additional notice is required as described
in Paragraph 21.69.050.D.2 (Additional
Notice).
Cattle (domestic cattle
and similar animals)
Conditional Use Permit 1. Minimum site size: 20 acres;
2. All cattle enclosures shall be no closer
than 400 feet from any dwelling unit other
than those on the site and no closer than
1 mile from any residential district;
Article 6 Standards for Specific Land Uses and Activities Paso Robles Zoning Code 6-5
Table 21.69.050-2: High-Density Commercial Animal Keeping Standards Type of Animal1 Approval Required Additional Standards
3. Additional notice is required as described
in Paragraph 21.69.050.D.2 (Additional
Notice).
Pigs Conditional Use Permit 1. Minimum site size: 20 acres;
2. All pig enclosures shall be no closer than
1,000 feet from any school or dwelling,
and no closer than 1 mile from any
residential district;
3.Additional notice is required as described
in Paragraph 21.69.050.D.2.
Notes
1 Where the subject animals have satisfied all applicable requirements of the U.S. Department of Agriculture, Fish and Wildlife Service, U.S. Department of Public Health, California Department of Fish and Game and the California Department of Food and Agriculture, the Zoning Administrator may determine after consultation with appropriate zoological experts that a particular noncarnivorous, nonpoisonous animal is substantially similar in its physical characteristics and/or potential effects on a site and persons in the vicinity to one of the animals listed.
2. 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 and occupants of property located within 1,500 feet of the exterior boundaries of the site.
3. Application Content. All applications for high-density commercial animal keeping activities shall provide the following information:
a. Site drainage patterns and a statement of measures proposed by the applicant to avoid soil erosion and sedimentation caused by the keeping of animals; b. Plans for animal waste disposal; and
c. Where the site is located adjacent to a residential or parks and open space district, a statement of other measures proposed by the applicant for the management of the site and proposed animals to ensure that the animals will not become a nuisance to other residents in the vicinity of the site.
21.69.060. BED AND BREAKFAST INNS
A. Purpose. This Section provides standards for bed and breakfast inns, as defined in Chapter 21.91 (Land Use Definitions) and where allowed by Table 21.32-1 (Zoning District Use Regulations).
B. Standards.
1. Primary Residence. The structure shall serve as the primary residence of the owner, and the bed and breakfast use shall be operated as an accessory use to the owner's residence.
2. Parking. The minimum off-street parking for the base residential use shall be provided as required in the underlying zoning district. In addition, 1 parking space shall be provided for each guest bedroom. Parking shall not be located in a manner that detracts from the residential appearance of the structure, or the neighborhood. In the Uptown/Town Center Specific Plan area, parking shall be located as required for the applicable building type and zoning district.
Article 6 Standards for Specific Land Uses and Activities Paso Robles Zoning Code 6-6
3. Signage. In residential zoning districts, wall-mounted signs shall not exceed 2 square feet; freestanding signs shall not exceed 8 square feet in area and 4 feet in height.
4. Health Department Approval. Applicants for bed and breakfast inns shall receive written approval from the San Luis Obispo County Health Department prior to the business becoming operational.
21.69.070. CANNABIS
The provisions of Chapter 21.60 (Cannabis) of Title 21 (Zoning Code) shall apply.
21.69.080. ELECTRICITY GENERATION AND STORAGE FACILITIES A. Purpose. This Section provides standards for siting and operating electricity generation and storage facilities, as defined in Chapter 21.91 (Land Use Definitions) and where allowed by Table 21.32-1 (Zoning District Use Regulations).
B. Battery Energy Storage System Requirements.
1. Hazardous Materials Plan. Applicant/operator shall submit for Review Authority approval a hazardous materials business/reclamation plan for decayed batteries at they near the end of their useful life.
2. Vegetation. Areas within 10 feet on each side of Battery Energy Storage Systems shall be cleared of combustible vegetation and other combustible growth. Single specimens of trees, shrubbery, or cultivated ground cover such as green grass, ivy, succulents, or similar plants used as ground covers shall be permitted to be exempt provided that they do not form a means of readily transmitting fire. Removal of trees should be minimized to the extent possible.
21.69.090. EMERGENCY SHELTERS - GENERAL
A. Purpose. This Section provides standards for siting and operating emergency shelters - general, as defined in Chapter 21.91 (Land Use Definitions) and where allowed by Table 21.32-1 (Zoning District Use Regulations), consistent with California Government Code Section 65583(A)(4).
B. Applicability.
1. The requirements of this Section apply only to emergency shelters where allowed or conditionally allowed pursuant to Table 21.32-1 (Zoning District Use Regulations) and within the Uptown/Town Centre Specific Plan Chapter 5 Development Code, where allowed or conditionally allowed pursuant to Table 5.3-1 (Allowed Land Uses and Permit Requirements) and subject to approval of a Site Plan in accordance with Chapter 21.17 (Site Plans).
2. In the Planned Industrial (PM) Zoning District on Commerce Way, Niblick Road, Fontana Road, and Linne Road, emergency homeless shelters shall be subject to approval of a Site Plan in accordance with Chapter 21.17 (Site Plans).
C. Site Development Standards.
1. Maximum Number of Persons/Beds. Emergency homeless shelters may have a maximum of 50 beds/persons for overnight occupants per facility.
Article 6 Standards for Specific Land Uses and Activities Paso Robles Zoning Code 6-7
2. Operator.
a. Each shelter shall be operated by a responsible agency or organization, with experience in managing and/or providing social services.
b. Staff and services shall be provided to assist residents to obtain permanent shelter and provide referral information and/or services for health or mental health services, educational opportunities, job training/employment and life skills training. c. There shall be at least 1 on-site supervisor per 25 persons during the hours of operation. d. The operator of an emergency shelter or daytime service facility shall submit a management plan for approval by the Zoning Administrator including, as applicable, provisions for staff training, neighborhood outreach, security, screening to ensure compatibility with services provided at the facility, affirmative measures to discourage loitering at the facility, and hours of operation.
3. Concentration of Use. In accordance with Subsection (a)(4)(A)(v) of California Government Code Section 65583 regarding the standards a city may establish for proximity of one emergency shelter to another, no emergency shelter shall be established within 200 feet of another emergency shelter.
4. Parking. One vehicle parking space for each staff working in the emergency shelter; however, in no case shall more parking be required than for other residential or commercial uses within the same zone.
5. Waiting Area. For facilities with on-site client intake, an enclosed or screened waiting area must be provided within the premises for clients and prospective clients to ensure that public sidewalks or private walkways are not used as queuing or waiting area. A minimum of 200 square feet shall be provided for the waiting area, unless the Director determines that additional waiting space is required to meet the needs of the anticipated client load.
6. Length of Stay. Individuals and families may not stay at an emergency homeless shelter for more than a total of 180 days per calendar year.
7. Lighting. Exterior lighting may be installed for security purposes. Lighting shall be directed away from adjacent properties and shall be shielded and downcast consistent with Chapter 21.82 (Lighting and Illumination).
8. Outdoor Cleanliness. The outdoor areas (yards) of shelters and surrounding areas shall be kept clean and free of debris, litter, and personal effects shall not be stored outdoors.
9. Security. Security systems shall be installed prior to issuance of certificate of occupancy. Security systems shall include an alarm system to detect unrecorded or unauthorized entry or exiting of a facility, and a camera surveillance system which shall be installed in locations to the satisfaction of the Police Chief.
10. Uptown/Town Center Specific Plan. Emergency homeless shelters proposed in the Riverside Corridor (RSC) zone shall comply with site development standards of the RSC zone, Section 5.5.8 in the Uptown/Town Center Specific Plan, except for parking requirements, which shall be provided in compliance with Paragraph 21.69.090.C.4 (Parking) of this Subsection.
Article 6 Standards for Specific Land Uses and Activities Paso Robles Zoning Code 6-8
21.69.100. EMERGENCY SHELTERS - LOW BARRIER NAVIGATION CENTERS A. Purpose and Applicability. The purpose of this Section is to ensure that Low Barrier Navigation Centers, as defined in Chapter 21.91 (Land Use Definitions) and where allowed by Table 21.32-1 (Zoning District Use Regulations), are allowed consistent with California Government Code Section 65660.
B. Standards. Low Barrier Navigation Centers shall meet the following specific requirements:
1. Services. Offer services to connect people to permanent housing through a services plan that identifies services staffing.
2. Coordinated Entry System. Link to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. “Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those Sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.
3. Homeless Management Information System. Use a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.65664.
4. Housing First. Comply with Housing First according to Welfare and Institutions Code Section 8255 et seq.
5. Process. Within 30 days of receipt of an application for a Low Barrier Navigation Center development, the Director shall notify the applicant of application completeness pursuant to Section 65943. Within 60 days of receipt of a completed application for a Low Barrier Navigation Center development, the Director shall act upon review of the application.
21.69.110. EQUESTRIAN FACILITIES
A. Purpose. The purpose of this Section is to provide reasonable standards for the commercial keeping, training, and maintaining of horses to avoid and minimize adverse impacts on adjacent properties and to preserve the city’s quality and character, where equestrian facilities as defined in Chapter 21.91 (Land Use Definitions) is allowed by Table 21.32-1 (Zoning District Use Regulations).
B. Structures and Setbacks. Stables, corrals, and similar buildings incidental to the keeping of horses are permitted, provided that none shall be located nearer than 100 feet from the front property line or 100 feet from any existing dwelling on an adjacent lot.
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 and occupants of property located within 1,500 feet of the exterior boundaries of the site.
21.69.120. FOOD TRUCKS AND FOOD TRUCK COURTS
A. Purpose and Applicability. The purpose of this Section is to ensure that food trucks are compatible with surrounding and adjacent uses and do not create an adverse impact on adjacent properties by reason of noise, parking, and litter.
Article 6 Standards for Specific Land Uses and Activities Paso Robles Zoning Code 6-9
B. Special Events that Include Food Trucks. The provisions of this Section shall not apply to persons operating a food truck as part of a certified farmer’s market, an authorized street fair or other event occurring under a special permit issued by the City of Paso Robles, or as allowed by the City in City parks provided that the food truck is part of the event and is complying with all terms of the permit or permits issued for the event.
C. Permit Requirements Food Trucks.
1. Food Truck (single vehicle operating in one location 7 days or less). Temporary food trucks lasting less than 7 days in a single location are subject to the requirements of Subsection
21.69.120.D (Operational Requirements for Food Trucks).
2. Food Truck (single vehicle operating in one location more than 7 days but less than 1 year).
Temporary food trucks lasting 7 or more days (not to exceed 1 year) in a single location require approval of a Temporary Use Permit (Chapter 21.20). No Temporary Use Permit shall be issued for a food truck unless it conforms to the requirements of Subsections 21.69.120.D (Operational Requirements for Food Trucks).
3. Food Truck (single vehicle operating in one location 1 year or more). Temporary food trucks operating for more than 1 year in a single location shall not operate without the approval of a Site Plan (Chapter 21.17). Applications for a food truck shall conform to the requirements of Subsections 21.69.120.D (Operational Requirements for Food Trucks).
4. Food Truck Court (2 or more). Two or more food trucks located on the same property require approval of a Conditional Use Permit (Chapter 21.19). Applications for a food truck court shall conform to the requirements of this Subsection 21.69.120.D (Operational Requirements for Food Trucks).
D. Operational Requirements for Food Trucks. All food trucks shall comply with the following requirements:
1. Private Property. Food trucks shall operate only on private property with an existing commercial use and only as an accessory use to an existing business.
2. Written Approval of Owner. The written approval of the owner of the location shall be obtained. A copy of this approval shall be provided to the Zoning Administrator with the permit application, prior to operating at the location. The vendor shall maintain proof of the owner’s approval in the vehicle.
The person operating the food truck shall present this proof upon the demand of a peace officer or City employee authorized to enforce.
3. Permanent Surface Parking. The food truck shall only be stopped, standing, or parked on a permanent surface paved with concrete, asphalt, or similar as determined by the review authority.
4. Litter Removal. Each vendor shall provide adequate garbage receptacles accessible to customers for disposal of garbage. The food truck and surrounding property shall be maintained in a safe and clean manner at all times. The mobile vendor shall remove litter caused by its products from any public and private property within a 25-foot radius of the food truck's location.
5. No Discharge of Liquid. The vendor shall not discharge any liquid (e.g., water, grease, oil, etc.) onto or into City streets, storm drains, catch basins, or sewer facilities. All discharges shall be contained and properly disposed of by the vendor.
Article 6 Standards for Specific Land Uses and Activities Paso Robles Zoning Code 6-10
6. Temporary Shade Structures. Temporary shade structures shall be removed whenever the food truck is not in operation.
7. Noise. The vendor shall be subject to the noise provisions set forth in Chapter 21.82 (Noise). The operation shall at all times be conducted in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities, parking, or other actions. The vendor shall prohibit loitering at the site and shall control noisy patrons on-site and those leaving the premises. No amplified music or loudspeakers shall be permitted.
8. Hours of Operation. Food truck vending hours shall be established by the review authority with the required permit.
9. Business License Required. The vendor shall have a valid business license issued by the City pursuant to Municipal Code Title 5 (Permits and Regulations). As part of its application for a business license, the vendor shall furnish to the City evidence of insurance, as deemed acceptable in the reasonable discretion of the City, against liability for death or injury to any person as a result of ownership, operation, or use of its food truck.
10. Health Permit Required for Food Sales. Vendors operating a food trucks shall have a valid permit issued by the San Luis Obispo County Health Agency. All required County Health permits shall be in the possession of the mobile food vendor at all times during which it operates within the City.
11. Fire Department Inspection. All food trucks shall be inspected and approved by the Paso Robles Fire and Emergency Services Department prior to issuance of its initial business license and from time to time thereafter in the discretion of the Paso Robles Fire and Emergency Services Department. At a minimum, all cooking equipment producing grease-laden vapors shall be protected by a UL 300 listed automatic fire extinguishing system. A Class K fire extinguisher shall be provided within each vending vehicle at an accessible location. All fire protection equipment shall be properly maintained and serviced at intervals required by the California Fire Code.
12. Circulation. Food trucks and trailers and associated equipment (such as tables, chairs, garbage receptacles, etc.) shall not alter the circulation pattern of parking lots nor shall they be parked in restricted areas marked for “no parking”, “fire lane”, etc.
13. Egress. Food trucks shall not block egress from a building.
14. Equipment Storage. Food trucks and associated equipment shall not be stored overnight at the location of vending.
15. Conditions of Approval. Food trucks shall comply with all conditions of approval required by the review authority approving a temporary use permit, site plan, or conditional use permit.
21.69.130. MANUFACTURED HOMES
A. Purpose and Applicability. This Section provides standards for manufactured homes where single-family dwellings are allowed as defined in Chapter 21.91 (Land Use Definitions) and where allowed by Table
21.32-1 (Zoning District Use Regulations). Where 2 or more manufactured homes are located on one lot, refer to Section 21.69.140 (Mobile Home Parks).
B. Standards. The following standards apply to single-family manufactured homes:
Article 6 Standards for Specific Land Uses and Activities Paso Robles Zoning Code 6-11
1. Permit Requirement. Manufactured homes are an allowed use on any lot in which the Zoning Code permits single-family dwellings. Except as otherwise provided in this Chapter, manufactured homes shall be subject to the same regulations as conventional single-family homes.
2. Parking. Manufactured homes shall be subject to the same parking requirements as single-family residential uses (see Section 21.033.040.E [Parking Design]).
3. Development Standards. Requirements for building height, lot coverage, side yard setbacks, front yard setbacks, rear yard setbacks, and usable open space shall be subject to the same requirements as the zoning district in which the manufactured home is located.
4. Architectural Requirements. Manufactured homes shall be subject to the General Architectural Requirements for Primary Structures in the Single-Family Residential Zoning Districts (Subsection
21.33.040.D) and the following additional standards:
a. Skirting. The space beneath a manufactured home and the ground shall not exceed 36 inches of height and shall be screened with a skirt or by a combination of skirts, decks, and/or grading with ventilation and access in accordance with State law.
Foundation Systems.
5. All manufactured homes constructed on a foundation system shall comply with the requirements of Health and Safety Code Section 18551 and California Code of Regulations, Title 25, Division 1, as they may be amended from time to time.
6. Prior to installing a manufactured home on a foundation system as a fixture or improvement to real property, the owner or a licensed contractor shall obtain a building permit from the City, provide the City with the information required under Health and Safety Code Section 18551, and pay any applicable permit fees.
21.69.140. MOBILE HOME PARKS
A. Purpose and Applicability. This Section provides standards for the location and development for mobile home parks as defined in Chapter 21.91 (Land Use Definitions) and where allowed by Table 21.32-1 (Zoning District Use Regulations).
B. Development Standards. All development in any mobile home park shall comply with the development standards for single-family dwellings in residential zones (Sections 21.33.030 and 21.33.040). The standards listed below also supersede any of the standards required for multi-family dwellings in residential zoning districts:
1. Building Site. The minimum building site shall be 1 acre and the minimum lot width shall be not less than 200 feet.
2. Fences and Walls. A 6-foot-tall solid masonry or concrete fence shall be placed and maintained on perimeter property lines.
3. Landscaping. Landscaping shall be provided at least 10 feet deep between the perimeter wall and the public right-of-way.
Article 6 Standards for Specific Land Uses and Activities Paso Robles Zoning Code 6-12
4. Access. Mobile home parks must be served from internal streets within the mobile home or trailer park, and there shall be no direct vehicular access from a mobile home space to a public street or road.
5. Fire Protection. Fire protection devices, hydrants, and alarm systems shall be installed as approved by the Fire Department.
6. Minimum Setbacks. Minimum setback requirements for the zoning district shall apply to the mobile home park’s comprehensive development, rather than each individual mobile home. In addition, the following standards are required:
a. No mobile home space shall be located closer than 25 from the property line when the line is a public street.
b. No mobile home space shall be closer than 5 feet from any other portion of the property line of the mobile home park.
c. No mobile home space shall be placed closer than 5 feet from its side lot line or space boundary line.
7. Vehicle Storage. Storage areas shall be provided for boat trailers and other recreation vehicles as required by the review authority.
21.69.150. SELF STORAGE FACILITIES
A. Purpose and Applicability. This Section provides standards for self storage facilities as defined in Chapter
21.91 (Land Use Definitions) and where allowed by Table 21.32-1 (Zoning District Use Regulations).
B. Standards.
1. Minimum Lot Size. The minimum lot size shall be 5,000 square feet.
2. Setback. A minimum 300-foot setback is required from a highway or from frontage roads adjacent to highways.
3. Prohibited Locations. Establishing new self-storage facilities shall be prohibited at the following locations:
a. Abutting Spring Street or Creston Road.
b. At the City gateways as identified in the Paso Robles Gateway Plan: Design Standards.
4. Sanitary Facilities. At least 2 restrooms shall be provided and shall be available at all times to renters and employees. The restrooms shall be maintained in a clean and sanitary condition at all times.
5. Landscaping and Screening. The building site shall be landscaped in a manner approved by the review authority. Landscaping standards will be required as follows:
a. A minimum of 25 feet of landscaped setback shall be required for projects that abut a collector, arterial, highway, highway frontage road, or residentially zoned property.
Article 6 Standards for Specific Land Uses and Activities Paso Robles Zoning Code 6-13
b. A minimum of 15 feet of landscaped setback shall be required for all other streets less significant than a collector.
c. Up to 50 percent of the landscaped setback can be used for off-street parking, but a 10- foot landscaped setback shall be required between the property line and the parking area.
The purpose and intent are to ensure adequate screening is provided and the review authority shall have the option of requiring parking to be located in other areas to address the need to provide adequate screening.
6. Commercial Uses Prohibited. The use of all rental units shall be limited to storage. Renters may conduct minor maintenance such as cleaning, minor repairs, and spot painting to their privately owned boats, trailers, and other recreation vehicles. However, no rental spaces shall be used for any retail or service commercial uses including business or professional offices, retail sales, services provided for a fee, or fabrication of any products intended for sale.
7. Required Findings. The review authority shall make the following findings in approving a personal storage facility:
a. The project is designed to be aesthetically pleasing, through the use of good quality materials and architecture, and/or fully screened.
b. The project will not be detrimental to economic vitality goals in place on a citywide basis. c. The project will not diminish community character, critical gateways, or the downtown.
21.69.160. PERSONAL SERVICES - RESTRICTED
A. Distancing. No new restricted personal services establishment shall be allowed within 500 feet of an existing restricted personal services establishment unless otherwise specified in a Conditional Use Permit.
1. Nonconforming Uses. Establishments in existence as of the effective date of the ordinance codified in this Section that are in compliance with the provisions of this Section are permitted to remain in their current locations, subject to all otherwise-applicable restrictions.
2. Measurement. Distance shall be measured in a straight line from the closest property line of the restricted personal services use to the closest property line of another restricted personal services use.
B. Location. No restricted personal service establishment shall be established within 300 feet of the following uses within or outside the City limits unless otherwise specified in a Conditional Use Permit:
1. Residentially zoned properties;
2. Public or private educational facilities;
3. Religious institutions;
4. Public parks and public facilities;
5. Youth-oriented facilities;
6. Bars or taverns.
Article 6 Standards for Specific Land Uses and Activities Paso Robles Zoning Code 6-14
C. Hours of Operation. Hours of operation shall be limited to 7:00 A.M. to 9:00 P.M. unless otherwise specified in a Conditional Use Permit.
21.69.170. OUTDOOR SALES, DISPLAYS, AND STORAGE
A. Purpose and Applicability. The purpose of this Section is to provide areas for the outdoor display of merchandise for sale and outdoor storage areas as an accessory use as defined in Chapter 21.91 (Land Use Definitions) and where allowed by Table 21.32-1 (Zoning District Use Regulations).
B. Outdoor Display of Merchandise.
1. Definition. The outdoor display of merchandise for sale is defined as finished products that are temporarily displayed on the site.
2. Standards. All outdoor display of merchandise for sale shall conform to the following regulations:
a. No displayed merchandise shall be located within the public right-of-way. No displayed merchandise shall be located within parking aisles, required parking spaces, landscaped areas or within required fire or handicapped access ways, unless otherwise permitted with a conditional use permit for permanent displays. For displays lasting more than 7 days but less than 60 days, a Temporary Use Permit is required. b. The products shall be limited to the primary merchandise sold by the principal business that occupies the site. No merchandise shall be displayed for sale on an undeveloped or vacant site, unless otherwise allowed with a Temporary Use Permit. c. In multi-tenant centers, the displayed merchandise should be limited to the area directly in front of the store displaying the merchandise.
d. No merchandise shall be displayed that is unsightly or creates any other condition that is detrimental to the appearance of the premises or surrounding property or in any other manner is detrimental to the public health, safety, welfare or causes a public nuisance.
C. Outdoor Storage Areas.
1. Sites that do not have dedicated public right-of-way or other legal access in a form acceptable to the City Engineer, or existing public improvements including but not limited to curb, gutter, sidewalk, street lights, and street trees shall require a Conditional Use Permit, unless the applicant voluntarily installs or posts the appropriate security for such improvements, in a manner to be approved by the City Engineer.
2. All outdoor storage areas shall conform to the following regulations:
a. All outdoor storage areas within commercial and industrial zoning districts shall be thoroughly screened from public view and adjacent properties by a combination of walls or fences and landscaping. Landscaping requirements shall be as follows:
(1) A minimum of 25 feet of landscaped setback shall be required for projects abutting a collector, arterial, highway, highway frontage road, or residentially zoned property.
Article 6 Standards for Specific Land Uses and Activities Paso Robles Zoning Code 6-15
(2) A minimum of 15-foot landscaped setback shall be required for all other streets less significant than a collector.
(3) Up to 50 percent of the landscaped setback can be used for off-street parking, but a 10-foot landscaped setback shall be required between the property line and the parking area. The purpose and intent are to ensure adequate screening is provided and the review authority shall have the option of requiring parking to be located in other areas to address the need to provide adequate screening. (4) Outdoor Storage shall be prohibited at the City gateways identified in the Paso Robles Gateway Plan: Design Standards, unless project is fully screened by architecturally designed walls and treatments.
b. The stored materials shall be limited to those normally associated with the principal use on the site.
c. All walls or fences shall be at least 6 feet but no greater than 8 feet in height. d. Landscape planters shall be a minimum of 5 feet wide (interior dimensions) unless an existing planter is less. In no cases shall the planter be less than 3 feet wide. The landscaping should be placed adjacent to the wall or fence to create interest and deter graffiti and vandalism.
e. In cases where unusual topographical conditions, land use conflicts, or zoning district boundaries exist, the outdoor storage areas may require additional screening structures and/or materials as determined by the Review Authority. f. Storage materials or equipment that exceed the height of the wall or fence shall be stored on the rear 50 percent of the site unless otherwise approved by the Review Authority. g. All arterial streets shall have a combination of decorative masonry wall and landscaping along outdoor storage areas adjacent to the right-of-way unless otherwise approved by the review authority.
h. All screening materials shall be installed and finalized prior to the commencement of storage onsite.
21.69.180. RECREATIONAL VEHICLE PARKS
A. Purpose and Applicability. This Section provides standards for the location and development for recreational vehicle parks where allowed by Table 21.32-1 (Zoning District Use Regulations).
B. Development Plan. Recreational vehicle parks shall be subject to review and approval of a Development Plan (Chapter 21.16).
C. Development Standards. The standards listed below supersede any of the standards required for the zoning district in which a recreational vehicle proposed:
1. Building Site. The minimum building site shall be 2.5 acres.
2. Access. Recreational vehicle parks must be served from internal streets within the park, and there shall be no direct vehicle access from a recreational vehicle space to a public street or road.
Article 6 Standards for Specific Land Uses and Activities Paso Robles Zoning Code 6-16
3. Setbacks. No part of a recreational vehicle shall be located closer than 25 feet to any public rightof-way, and no closer than 15 feet to any interior property line. No recreational vehicle shall be located closer than 10 feet to any other recreational vehicle.
4. Fire Protection. Fire protection devices, hydrants, and alarm systems shall be installed as approved by the Fire Department.
5. Permanent/Nonmobile Spaces. No more than 20 percent of the recreational vehicle spaces may be reserved for permanent/nonmobile structures rented out to the public by the operator.
21.69.190. RELIGIOUS ASSEMBLY FACILITY
A. Purpose and Applicability. This Section provides standards for Religious Assembly Facilities, as defined in Chapter 21.91 (Land Use Definitions) and where allowed by Table 21.32-1 (Zoning District Use Regulations).
B. Property Development Standards. Development shall comply with the property development standards of the zoning district in which the project is located.
C. Affordable Housing. Up to 50 percent of parking spaces required for the religious institution may be eliminated or reduced for a proposed housing development per California Government Code Section 65913.6.
21.69.200. RESIDENTIAL CARE FACILITIES
A. Purpose and Applicability. This Section provides standards for the location, development, and operation of General Residential Care Facilities and Assisted Living Residential Care Facilities, where allowed by Table 21.32-1 (Zoning District Use Regulations).
B. Development Standards.
1. Density. Density limits for dwelling units shall not apply to the allowable intensity of land use for such facilities as convalescent homes, skilled nursing facilities, residential care facilities for the elderly, and similar facilities as defined by State law. The number of rooms and/or occupants for such a facility shall be determined on a case-by-case basis in conjunction with an application for a Conditional Use Permit (Chapter 21.19) and shall not exceed the densities in Table 21.69.200-1 (Densities for Residential Care Facilities General and Assisted Living).
Article 6 Standards for Specific Land Uses and Activities Paso Robles Zoning Code 6-17
Table 21.69.200-1: Densities for Residential Care
Facilities (General and Assisted Living)
Zoning District Beds/Acre
R-1 10
R-2 21
R-3 31
R-3-O 31
R-4 42
R-5 52
OP 21
Mixed-Use Overlay 78
T3-N and T3-F 21
T4-N and T4-F 78
T4-NC, TC-1, and TC-2 78
2. Fire Protection. Fire protection devices, hydrants, and alarm systems shall be installed as approved by the Fire Department.
3. State Approval. Where a facility is required to be licensed by the State, written proof shall be submitted to the City that the appropriate State licensing agency will be able to issue all required licenses and specifying the maximum number of beds for which a license will be issued by such agency.
21.69.210. RETAIL – RESTRICTED
A. Distancing. No new restricted retail establishment shall be allowed within 500 feet of an existing restricted retail establishment unless otherwise specified in a Conditional Use Permit.
1. Nonconforming Uses. Establishments in existence as of the effective date of the ordinance codified in this Section that are in compliance with the provisions of this Section are permitted to remain in their current locations, subject to all otherwise-applicable restrictions.
2. Measurement. Distance shall be measured in a straight line from the closest property line of the restricted retail use to the closest property line of another restricted retail use.
B. Location. No restricted retail establishment shall be established within 300 feet of the following uses within or outside the City limits unless otherwise specified in a Conditional Use Permit:
1. Residentially zoned properties;
2. Public or private educational facilities;
3. Religious institutions;
4. Public parks and public facilities;
Article 6 Standards for Specific Land Uses and Activities Paso Robles Zoning Code 6-18
5. Youth-oriented facilities;
6. Bars or taverns
7. City gateways as identified in the Paso Robles Gateway Plan: Design Standards.
C. Hours of Operation. Hours of operation shall be limited to 7:00 A.M. to 9:00 P.M. unless otherwise specified in a Conditional Use Permit.
21.69.220. RIGHT TO FARM
A. Findings and Policy.
1. It is the declared policy of this City to enhance and encourage agricultural operations within the City. It is the further intent of this City to provide to the residents of this City, living within 300 feet of property in the Agricultural Zoning District, notification of the City's recognition and support through the ordinance codified in this Title of those persons' and/or entities' right to farm.
2. Where nonagricultural land uses occur near agricultural areas, agricultural operations frequently become the subjects of nuisance complaints due to lack of information about such operations. As a result, agricultural operators may be forced to cease or curtail their operations. Such actions discourage investments in farm improvements to the detriment of agricultural uses and the viability of the City's agricultural industry as a whole. It is the purpose and intent of the ordinance codified in this Title to reduce the loss to the City of its agricultural resources by clarifying the circumstances under which agricultural operations may be considered a nuisance. The ordinance codified in this Title is not to be construed as in any way modifying or abridging state law as set out in the California Civil Code, Health and Safety Code, Fish and Game Code, Food and Agricultural Code, Division 7 of the Water Code, or any other applicable provision of State law relative to nuisances.
Instead, it is to be utilized only in the interpretation and enforcement of the provisions of this Code and City regulations.
3. An additional purpose of the ordinance codified in this Title is to promote a good neighbor policy by advising purchasers of residential property, and owners of other property in the City, of the inherent potential problems associated with the purchase of such property. Such concerns may include, but are not limited to, the noises, odors, dust, chemicals, smoke and hours of operation that may accompany agricultural operations. It is intended that, through mandatory disclosures, purchasers and users will better understand the impact of living near agricultural operations and be prepared to accept attendant conditions as the natural results of living in or near agricultural areas.
B. Preexisting Agricultural Uses Not a Nuisance.
1. No agricultural activity, operation or facility, or appurtenances thereof, conducted or maintained for commercial purposes, and in a manner consistent with property and accepted customs and standards, as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, private or public, due to any changed condition in or about the locality, after it has been in operation for more than 3 years if it was not a nuisance at the time it began.
2. Paragraph 21.69.220.B.1 of this Subsection shall not apply if the agricultural activity, operation or facility, or appurtenances thereof, obstructs the free passage or use, in the customary manner, of any navigable lake, river, bay, stream, canal or basin, or any public park, square, street, or highway.
Article 6 Standards for Specific Land Uses and Activities Paso Robles Zoning Code 6-19
C. Disclosure.
1. The City has determined that the use of real property for agricultural operations is a high priority and favored use to the City, and those inconveniences or discomforts arising from legally established agricultural activities or operations, as defined in this Section or State law, shall not be or become a nuisance.
2. Disclosure Statement. "The City of Paso Robles declares it a policy to protect and encourage agricultural operations as defined in Section 21.69.220 (Right to Farm) of the City of Paso Robles Municipal Code. If your property is located in the incorporated area of the City, in or near the Agricultural Zoning District, you may at some times be subject to inconvenience or discomfort arising from agricultural operations. If conducted in a manner consistent with State law and City Code, said inconveniences and discomforts shall not be or become a nuisance."
3. The disclosure statement is given for informational purposes only and nothing in the ordinance codified in this Title, or in the disclosure, shall prevent anyone from complaining to any appropriate agency, or taking any other available remedy, concerning any unlawful or improper agricultural practice.
4. The disclosure statement set forth above shall be used as described in Subsections 21.69.220.D (Property Tax Bill Disclosure), 21.69.220.E (Disclosure Upon Transfer of Residential Property), and
21.69.220.F (Discretionary Land Use Permit Disclosure) of this Section.
D. Property Tax Bill Disclosure. The City may mail a copy of the disclosure statement to all owners of real property in the City within 300 feet of the Agricultural Zoning District with the annual tax bill.
E. Disclosure Upon Transfer of Residential Property. Upon any transfer of real property located in the incorporated area of the City within 300 feet of the Agricultural Zoning District by sale, exchange, installment land sale contract (as defined in Civil Code section 2985), lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, or residential stock cooperative, improved with or consisting of not less than 1 nor more than 4 dwelling units, the transferor shall deliver to the prospective transferee the written disclosure statement required by the ordinance codified in this Title. The disclosure statement shall be delivered in the manner set forth in Civil Code Sections 1102.2 and 1102.10. Exceptions to the applicability of this section are set forth in Civil Code section 1102.1. The written disclosure shall be set forth in, and shall be made on a copy of, the disclosure form attached on file with the City's Community Development Department.
F. Discretionary Land Use Permit Disclosure. The City shall include the disclosure statement described in Subsection 21.69.220.C (Disclosure) of this Section to all discretionary land use permit applications (e.g.
Conditional Use Permits, Planned Developments, Tract Maps, etc.) administered by the Community Development Department.
G. Penalty for Violation. Any violation of any of the requirements of this Section shall be handled as a civil matter between the parties affected and shall not be a misdemeanor or infraction.
H. Resolution of Disputes. Should any controversy arise regarding any inconvenience or discomfort occasioned by agricultural operations conducted in accordance with existing laws, ordinances and regulations, then the parties may notify the Zoning Administrator as set forth below in an attempt to resolve the matter:
1. The aggrieved party may notify the Zoning Administrator or his designee within 30 days of the occurrence of the agricultural operation giving rise to the controversy.
Article 6 Standards for Specific Land Uses and Activities Paso Robles Zoning Code 6-20
2. Within 15 days after receiving the complaint, the Zoning Administrator or his designee shall set a meeting with affected parties and shall attempt to mediate the dispute.
3. If the dispute cannot be successfully mediated by the Zoning Administrator or his designee, then both parties may agree to present the controversy to a professional mediator. The expense of such mediation shall be the responsibility of the affected parties.
I. Severability. If any section, subsection, sentence, clause or phrase of the ordinance codified in this Title is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, such decision shall not affect the validity or the constitutionality of the remaining portions of the ordinance. The City Council declares that it would have passed the ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
21.69.230. SHORT-TERM RENTALS
The provisions of Chapter 21.64 (Short-Term Rentals) of Title 21 (Zoning Code) shall apply.
21.69.240. TATTOO AND BODY ART ESTABLISHMENTS
A. Purpose. The purpose and intent of this Chapter is to prohibit tattooing within the City, except for in those zoning districts specifically authorized in this Chapter. Due to concerns about the potential unsanitary conditions and the public image projected by tattoo parlors, and in order to protect the pedestrian-friendly and welcoming character of other areas in the City, including the historic downtown core, the City desires to allow operation of tattoo parlors only in the C-3 and Riverside Corridor Zoning Districts.
B. Definitions.
1. “Body piercing” means to puncture, perforate, or penetrate a human body part or tissue with an object, appliance, or instrument for the purpose of placing a foreign object in the perforation to prevent the perforation from closing. This includes, but is not limited to, creating such an opening in the lip, tongue, nose, eyebrow, or navel for the purpose of inserting jewelry or other decorative items. Body piercing does not include piercing of the ear lobe or outer portion of the ear.
2. “Tattoo parlors” means any establishment where the act of tattooing or body piercing humans takes place. This includes tattooing or body piercing as a primary or ancillary use. Tattoo parlors do not include permanent makeup of the face as an ancillary use to a beauty shop or paramedical tattooing ancillary to a medical clinic.
3. “Tattoo” or “tattooing” means the act or process of inserting pigment under the surface of the skin of a human being by pricking with a needle or otherwise, so as to produce an indelible mark or figure visible through the skin.
4. “Permanent makeup” means the application of pigments in human skin tissue for the purpose of permanently changing the color or other appearance of the skin. This includes microblading, micropigmentation, lip liner tattoos, and similar procedures.
Article 6 Standards for Specific Land Uses and Activities Paso Robles Zoning Code 6-21
C. Tattoo Parlors Permitted in Specified Zones. Operation of tattoo parlors is permitted only in the Riverside Corridor Zoning District of the Uptown/Town Centre Specific Plan (RSC) and C-3 Zoning District. Tattoo parlors are expressly prohibited from operating in all other zoning districts.
D. Tattoo Parlors; Standards and Limitations. Every tattoo parlor shall be subject to the following conditions, in addition to all other requirements imposed by law:
1. The exterior walls of the tattoo parlor are to be located at least 1,000 feet from the exterior walls of any other tattoo parlor.
2. The exterior walls of the tattoo parlor are to be located at least 500 feet from the outer boundary of any City-owned park facilities.
3. The exterior walls of the tattoo parlor are to be located at least 500 feet from the outer boundary of any kindergarten through 12th grade school facilities.
4. The operator of the tattoo parlor and all tattoo practitioners operating therein shall obtain and maintain all required State and/or County permits, licenses and registrations for operation of a tattoo parlor.
5. Tattoo parlors shall not operate between the hours of 11:00 A.M. and 7:00 P.M.
6. Live animals, except for service animals, shall not be allowed on the premises.
7. Once established, tattoo parlors shall not be permitted to expand into another tenant space or building otherwise on the site, or any contiguous site.
8. Temporary or mobile tattoo establishments or events are not authorized by this Section.
21.69.250. VEHICLE FUEL SALES AND ACCESSORY SERVICE
A. Purpose and Applicability. This Section establishes standards for the location, development, and operations for vehicle fuel sales and accessory services, as defined in Chapter 21.91 (Land Use Definitions) and where allowed in compliance with Table 21.32-1 (Zoning District Use Regulations).
B. Combining Uses. Vehicle fuel sales may be permitted as the primary use of a site or may be combined with other retail or service commercial uses such as mini-marts or auto repair.
C. Landscaping and Screening. The review authority may require construction of a 6-foot-high decorative masonry wall along interior boundaries of the site where it deems it necessary to provide a durable and aesthetically pleasing screen wall adjacent to existing or planned land uses of a more-sensitive nature (for instance, residential, restaurants, hotels, and visitor-serving commercial). Street frontages between driveways shall be landscaped with planters that are at least 5 feet deep exclusive of curbs (raised or flat) that define or contain planter areas.
Article 6 Standards for Specific Land Uses and Activities Paso Robles Zoning Code 6-22
CHAPTER 21.70. RESERVED
New
CHAPTER 21.71. RESERVED
New
CHAPTER 21.72. RESERVED
New
CHAPTER 21.73. RESERVED
New
Article 7 Nonconformities
Paso Robles Zoning Code 7-i
Article 7: Nonconformities
7 x
Chapter 21.74. General Nonconforming Provisions .............................................................................. 7-1
21.74.010. Purpose and Applicability .................................................................................................. 7-1
21.74.020. Establishment of Legal Nonconforming Status.................................................................. 7-1
21.74.030. Proof of Legal Nonconformity ............................................................................................ 7-1
21.74.040. Loss of Legal Nonconforming Status................................................................................. 7-2
21.74.050. Public Acquisition that creates a Nonconforming Condition .............................................. 7-2 Chapter 21.75. Nonconforming Lots ....................................................................................................... 7-3
21.75.010. Lots Less than Minimum Required Size ............................................................................ 7-3 Chapter 21.76. Nonconforming Structures............................................................................................. 7-3
21.76.010. Continuation of Legal Nonconforming Structures .............................................................. 7-3
21.76.020. Residential Structures - Exceptions................................................................................... 7-4
21.76.030. Work Under Existing Building Permits ............................................................................... 7-5 Chapter 21.77. Nonconforming Uses ...................................................................................................... 7-5
21.77.010. Continuation of Legal Nonconforming Uses ...................................................................... 7-5
21.77.020. Destruction of a Structure Containing a Legal Nonconforming Use .................................. 7-5 Chapter 21.78. Other Nonconforming Provisions.................................................................................. 7-5
21.78.010. Nonconforming Parking ..................................................................................................... 7-5
21.78.020. Nonconformities Regarding Fences .................................................................................. 7-7
21.78.030. Nonconforming Landscaping............................................................................................. 7-7
21.78.040. Nonconforming Lighting..................................................................................................... 7-7
21.78.050. Nonconforming Signs ........................................................................................................ 7-7 Chapter 21.79. Reserved .......................................................................................................................... 7-7
Article 7 Nonconformities
Paso Robles Zoning Code 7-1
CHAPTER 21.74. GENERAL NONCONFORMING PROVISIONS
21.74.010. PURPOSE AND APPLICABILITY
This Article establishes uniform provisions for the regulation of nonconforming land uses, nonconforming development (including structures and improvements), and nonconforming lots that were lawfully established but do not comply with the current requirements of this Article (“nonconforming situations”). The overall intent of this Article is to protect public health, safety, and general welfare while allowing reasonable use of private property by:
A. Limiting the number and extent of specific nonconforming uses and development that conflict with the provisions of this Title by prohibiting their reestablishment after discontinuation; B. Limiting the extent to which nonconforming uses and development that are involuntarily damaged or destroyed can be restored;
C. Allowing for the continuation and maintenance of nonconforming uses and development until such use or development is changed in any manner beyond the scope allowed by this Article; D. Establishing procedures and criteria for evaluating the allowable enlargement of specific nonconforming uses and development; and
E. Limiting the alteration, enlargement, or relocation of nonconforming uses and development in a manner that would further increase the difference between existing nonconforming conditions and the current provisions of this Zoning Code.
21.74.020. ESTABLISHMENT OF LEGAL NONCONFORMING STATUS
A. Uses or developments that were not lawfully established do not have a legal right to continue as nonconforming situations as defined by this Article and shall be removed immediately. See Chapter 1.02 (Penalties).
B. Nonconforming situations shall have the following meanings:
1. A nonconforming lot means a lot that was lawfully established but does not meet the requirements of the zoning district in which it is located.
2. A nonconforming development means a structure, building, or site improvement, such as an offstreet parking facility, that was lawfully established in compliance with the applicable zoning regulations in effect at the time of construction or establishment but which no longer complies with the applicable development standards of the zoning district in which it is located, such as setbacks, buffers or yards, area, bulk, height, density, or parking.
3. A nonconforming use means a use of land or a structure that was lawfully established in compliance with the applicable zoning regulations in effect at the time it was established but which no longer complies with the applicable regulations of the zoning district in which it is located.
21.74.030. PROOF OF LEGAL NONCONFORMITY
When submitting a development application to alter or expand a nonconforming situation or otherwise establish that a lot, development, or use is a legal nonconforming situation, the property owner or applicant shall document that a
Article 7 Nonconformities
Paso Robles Zoning Code 7-2
nonconforming situation was legally established on its present site. Evidence that the situation was legally established shall depend upon the type of nonconforming situation, as follows:
A. For nonconforming lots, the property owner or applicant shall document when the lot was lawfully created based upon recorded deeds or similar.
B. For nonconforming development or nonconforming uses, the property owner or applicant shall provide building, land use, or development permits. For development or uses which did not require a permit when lawfully established, the property owner or applicant shall provide other evidence which clearly shows the date the development or use was established, such as dated aerial photographs.
C. In addition, for nonconforming uses, the property owner or applicant shall document that the use has been continually maintained the prior 12 months. However, an extension of time to demonstrate that the use has not ceased may be granted by Planning Commission action or, upon appeal, City Council action. Evidence that a use has been maintained over time shall consist of building permits, functioning utility hookups, tax records, business licenses, lease agreements, business receipts, and/or similar documentation.
21.74.040. LOSS OF LEGAL NONCONFORMING STATUS
A. The right to continue a nonconforming use shall terminate when it is determined to be a public nuisance pursuant to the provisions of Chapter 9.06 (Nuisance Abatement) or order of a court of competent jurisdiction and the nuisance is not abated in the manner and within the time stated in the order of the City Council or the order of the court. In addition to the specific grounds for finding a nuisance as set forth in Section 9.06.030 (Nuisances), a nonconforming use is a public nuisance if:
1. The use interferes with the enjoyment of life or property in the neighborhood; or
2. The use is injurious to the health of persons in the neighborhood.
B. The right to continue the use of a nonconforming structure shall terminate when the structure and/or the parcel on which it is located is determined to be a public nuisance pursuant to the provisions of Chapter
9.06 (Nuisance Abatement) or by judgment or order of a court of competent jurisdiction and the nuisance is not abated in the manner and within the time stated by the City Council or order of the court. If the abatement of the nuisance required demolition of the structure, the City Council order or judgment or order of the court shall find that in fairness and in justice there is no other way reasonably to correct the nuisances other than by demolition of the structure.
C. Where it cannot be found that demolition of a structure is appropriate, the City Council may permit the structure to remain in existence but may impose one or more conditions to bring the structure into conformity with the requirements of this Title so far as is reasonable, in addition to any other conditions necessary to abate the public nuisance.
21.74.050. PUBLIC ACQUISITION THAT CREATES A NONCONFORMING
CONDITION
Whenever any City action to require dedication of land to or purchase of land by the City for any public purpose, or any eminent domain proceedings by any government agency, results in the creation of a nonconforming condition within the meaning of this Title, such conditions shall not be considered nonconforming within the meaning of this Title. The City shall record a Deed Notification of said conformity determination at time of dedication or acquisition.
Article 7 Nonconformities
Paso Robles Zoning Code 7-3
CHAPTER 21.75. NONCONFORMING LOTS
21.75.010. LOTS LESS THAN MINIMUM REQUIRED SIZE
A. Nonconforming lots may be developed with land uses that are permitted by the zoning district in which they are located, provided that all development occurs per Zoning Code standards.
B. Lot line adjustments to nonconforming lots that do not increase the deviation between the existing nonconforming situation and the Code requirement or create a new nonconforming situation are allowed.
C. If a development is proposed on a nonconforming lot and a contiguous lot or lots is owned by the same party as the lot on which the development is proposed, the City shall have the authority to require the merger of the lots to create a conforming lot, provided all the following requirements are met:
1. At least one of the affected parcels is undeveloped by any structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or accessory structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel or unit.
2. With respect to any affected parcel, one or more of the following conditions exists:
a. Comprises less than 5,000 square feet in area at the time of the determination of merger; b. Was not created in compliance with applicable laws and ordinances in effect at the time of its creation;
c. Does not meet current standards for sewage disposal and domestic water supply; d. Does not meet slope stability standards;
e. Has no legal access which is adequate for vehicular and safety equipment access and maneuverability;
f. Its development would create health or safety hazards, as determined by the Director; or g. Is inconsistent with the General Plan and any applicable specific plan, other than minimum lot size or density standards.
Any such requirement for a merger shall be processed as a lot line adjustment pursuant to Chapter 22.18 (Lot Line Adjustment Process).
CHAPTER 21.76. NONCONFORMING STRUCTURES
21.76.010. CONTINUATION OF LEGAL NONCONFORMING STRUCTURES Legally nonconforming buildings and structures may continue to be used and maintained subject to the following limitations:
Article 7 Nonconformities
Paso Robles Zoning Code 7-4
A. General. Additions or alterations are allowed unless such additions or alterations would increase the deviation between the existing nonconforming situation and the Code requirement or would create a new nonconforming situation.
B. Alterations. Additions or alterations that extend a nonconforming setback or structure height are allowed only upon approval of a Site Plan Modification. In approving such a request, the review authority shall make the findings required for a Site Plan Modification (Subsection 21.17.020.C) as well as find that that such extension does not have a significant adverse effect on public safety or the existing or planned visual character of the neighborhood.
C. Force Majeure. If any legally nonconforming building or structure is damaged by fire, earthquake, explosion, or other force majeure to an extent of more than 75 percent of the gross floor area of the structure(s), as determined by the Building Official, such building or structure shall only be rebuilt to conform to the present Code requirements. However, any property owner seeking to rebuild any such building or structure to the condition existing prior to occurrence of a fire, earthquake, explosion, or other force majeure shall apply for a Development Plan Modification pursuant to the provisions of Section 21.16.020 (Development Plan Modifications). In addition to the required findings for approval of a Development Plan Modification, findings shall also be made that restoring the building or structure to the previous state of nonconformity would not have a significant adverse effect on public safety or the existing or planned visual character of the neighborhood, and/or if other factors indicate that the goals and policies of the General Plan would be advanced by such restoration.
D. Purposeful Destruction. If any legally nonconforming building or structure is damaged by a purposeful act of destruction to an extent of more than 50 percent of the gross floor area of the structure(s), as determined by the Building Official, such damaged portions of the building or structure shall only be rebuilt to conform to the present code requirements. Full restoration may be made to the previous state of nonconformity subject to approval of a Development Plan Modification (Section 21.16.020). In addition to the required findings for approval of a Development Plan Modification, findings shall also be made that restoration would not have a significant adverse effect on public safety or the existing or planned visual character of the neighborhood, and/or if other factors indicate that the goals and policies of the General Plan would be advanced by such restoration.
E. Lot Line Adjustments. If the legally nonconforming buildings or structures do not meet the zoning district requirements for setbacks, including situations in which buildings or structures are located across property lines, and the owner of the nonconforming buildings or structures and the owner of the adjacent property seek to reduce the nonconforming situation via the filing of a lot line adjustment application, and if it can be demonstrated that the lot line adjustment does not increase the deviation between the existing nonconforming situation and the Code requirement or create a new nonconforming situation, then, subject to approval of a Conditional Use Permit, including any conditions deemed necessary to protect the public health, safety, and welfare, the Planning Commission may approve such a lot line adjustment.
21.76.020. RESIDENTIAL STRUCTURES - EXCEPTIONS
Notwithstanding the provisions of Section 21.76.010.C, any multi-family residential development that is nonconforming with regard to maximum allowed density and is damaged to any extent by fire, earthquake, explosion, or other act not attributed to a purposeful act of destruction may be rebuilt to include the same number of units that existed prior to the occurrence of such destructive act.
Article 7 Nonconformities
Paso Robles Zoning Code 7-5
21.76.030. WORK UNDER EXISTING BUILDING PERMITS
Nothing contained in this Title shall be deemed to require any change in the plans, construction, or designated use of any building for which a building permit has properly been issued in accordance with the provisions of ordinances then effective and upon which actual construction has been started, provided that in all such cases actual construction shall be diligently carried on until completion of the building in accordance with approved plans.
CHAPTER 21.77. NONCONFORMING USES
21.77.010. CONTINUATION OF LEGAL NONCONFORMING USES
Legally nonconforming land uses may continue to be operated and maintained subject to the following limitations:
A. The site or building areas in which they are located shall not be enlarged or increased. Exception: Subject to approval of a Conditional Use Permit, additions may be made to residential dwelling units in commercial and industrial districts, provided that said addition shall not increase the number of dwelling units on a property, including the addition of any accessory dwelling unit.
B. The intensity or level of use or activity shall not be increased in terms of hours of operation, daily generation of vehicle trips, or other metric determined by the Zoning Administrator based on the use.
C. If a nonconforming use is abandoned for a period of 12 or more consecutive months, such use shall neither be reestablished nor resume operation, and subsequent land uses shall conform to the general and zoning district regulations of this Title. The lack of a valid City Business License for the non-conforming use for a period exceeding 12 months shall be evidence of abandonment of use.
21.77.020. DESTRUCTION OF A STRUCTURE CONTAINING A LEGAL
NONCONFORMING USE
A. If the building(s) or structure(s) in which a legal nonconforming use is located is damaged by fire, earthquake, explosion, or other force majeure not attributed to a purposeful act of destruction to an extent of more than 50 percent of the gross floor area of the structure(s), the use shall neither be continued nor be reestablished at that location. Exception: If the nonconforming use consists of residential dwellings in a commercial or industrial zoning district subject to approval of a Conditional Use Permit, any dwellings may be rebuilt if doing so would not have a significant adverse effect on public safety or the existing or planned visual character of the neighborhood, and/or if other factors indicate that the goals and policies of the General Plan would be advanced by such restoration.
B. If the buildings or structures containing a legal nonconforming use are damaged by a purposeful act of destruction, the use may not be re-established.
CHAPTER 21.78. OTHER NONCONFORMING PROVISIONS
21.78.010. NONCONFORMING PARKING
A. Industrial, Commercial, and Other Non-residential Developments.
1. For industrial, commercial, and other nonresidential developments that are legally nonconforming only as to the regulations relating to off-street parking and loading facilities, such uses may be continued in the same manner as if the parking and loading facilities were conforming, except as
Article 7 Nonconformities
Paso Robles Zoning Code 7-6
needed to comply with Americans with Disabilities Act (ADA) and any applicable State or local disability access statute. However, such parking and loading facilities as do exist may not be further reduced with respect to number provided, dimensions, and any other relevant requirement.
2. Any building addition or increase in the intensity of use of any building, structure, or premises shall provide parking for such addition or increase in intensity that conforms to the requirements of this Title.
B. Multi-family Residential Development. For any multi-family residential development that does not provide parking in compliance with the requirements this Title, the following shall apply:
1. On lots greater than 9,000 square feet in area and 65 feet in width, with residential dwellings with 1 parking space in a garage or carport, the square footage of any individual unit may be increased up to 40 percent without requiring a second parking space in a garage or carport.
2. For residential units with no parking spaces provided, any addition to a unit shall require provision of at least 1 parking space in a garage or carport or as a designated, uncovered space.
3. Exceptions for accessory dwelling units shall apply as specified in Subsection 21.78.010.D below.
4. On lots greater than 9,000 square feet in area and 65 feet in width, with residential dwellings with 1 parking space in a garage or carport, the square footage of any individual unit may be increased up to 40 percent without requiring a second parking space in a garage or carport.
5. For residential units with no parking spaces provided, any addition to a unit shall require provision of at least 1 parking space in a garage or carport or as a designated, uncovered space.
6. Exceptions for accessory dwelling units shall apply as specified in Subsection 21.78.010.D below.
C. Single-family Residential Units: For any single-family residence that does not provide parking in compliance with the requirements of this Title, the following shall apply:
1. For a residential unit with only 1 parking space in a garage or carport, the square footage may be increased up to 20 percent or 500 square feet, whichever is less, without requiring a second parking space in a garage or carport.
2. For a residential unit with no parking spaces provided, any addition to that unit shall require provision of at least 1 parking space in a garage or carport.
3. Exceptions for accessory dwelling units and urban dwelling units shall apply as specified in Subsections 21.78.010.D and 21.78.010.E below, respectively.
D. Accessory Dwelling Units: The parking provisions associated with accessory dwelling units as specified in Section 21.58.050 (Requirements for All ADUs) shall apply with respect to accessory dwelling units and the associated primary structures.
E. Urban Dwelling Units: The parking provisions associated with urban dwelling units as specified in Paragraph 21.65.050.F.8 (Parking) shall apply with respect to the urban dwelling unit and, as applicable, to the associated primary structures.
Article 7 Nonconformities
Paso Robles Zoning Code 7-7
21.78.020. NONCONFORMITIES REGARDING FENCES
Any fence or wall that is legally nonconforming with respect to height, materials, or absence where required shall be brought into compliance with the provisions of this Title in the following circumstances:
A. For single-family residential uses, a legal nonconformity is allowed to be maintained in all circumstances.
B. For multi-family residential uses, the fence or wall shall be made to conform at the time of any increased density or additional of dwelling units on the premises.
C. For commercial, industrial, or other nonresidential use, the fence or wall shall be made to conform at the time of any increased intensity of use of additional square footage exceed 1,000 square feet on the premises.
21.78.030. NONCONFORMING LANDSCAPING
A. Nonconforming Landscape Materials and/or Irrigation.
1. Where a development or use in a nonresidential zoning district has landscape materials and/or irrigation systems that do not conform to the requirements of this Title in terms of areas required to be landscaped and/or types of irrigation systems, such landscape materials and/or irrigation systems shall be brought into compliance at the time of any onsite physical expansion of a building(s) in excess of 25 percent of the gross square footage of all existing buildings.
2. Where a development or use in a residential zoning district has landscape materials and/or irrigation systems that do not conform to the requirements of this Title in terms of areas required to be landscaped and/or types of irrigation systems, such landscape materials and/or irrigation systems shall be brought into compliance at the time of any onsite physical expansion of a building(s) in excess of 50 percent of the gross square footage of all existing buildings.
B. Nonconforming Landscape Screening. Where a development or use lacks required landscape screening or has landscape screening that does not conform to the requirements of this Title, such landscape screening shall be brought into compliance at the time of any onsite physical expansion of a building(s).
C. Removal or Abandonment of Turf. Removal or abandonment of turf that is not being used for active recreational purposes shall not be allowed to be replaced except as allowed by Section 21.56.030 (Turf Limitations for New Construction and Rehabilitated Landscapes).
21.78.040. NONCONFORMING LIGHTING
See Paragraph 21.82.010.B.2 (Nonconforming Lighting).
21.78.050. NONCONFORMING SIGNS
See Section 21.52.100 (Nonconforming Signs – Copy Changes).
CHAPTER 21.79. RESERVED
Article 8 Environmental Standards
Paso Robles Zoning Code 8-i
Article 8: Environmental Standards
8 x
Chapter 21.80. Floodplain Management.................................................................................................. 8-1
21.80.010. Purpose and Applicability .................................................................................................. 8-1
21.80.020. Statutory Authorization, Findings of Fact, and Methods of Reducing Flood Losses.......... 8-1
21.80.030. Definitions.......................................................................................................................... 8-2
21.80.040. General Provisions ............................................................................................................ 8-9
21.80.050. Permits Required..............................................................................................................8-10
21.80.060. Designation of the floodplain administrator.......................................................................8-11
21.80.070. Duties and Responsibilities of the Floodplain Administrator.............................................8-11
21.80.080. Standards of Construction ................................................................................................8-13
21.80.090. Standards for Utilities .......................................................................................................8-16
21.80.100. Standards for Subdivisions and Other Proposed Development........................................8-17
21.80.110. Standards for Manufactured Homes.................................................................................8-17
21.80.120. Standards for Recreational Vehicles ................................................................................8-18
21.80.130. Floodways ........................................................................................................................8-18
21.80.140. Variance Procedures for Floodplains................................................................................8-18
21.80.150. Appeals.............................................................................................................................8-20 Chapter 21.81. Hillside Development .....................................................................................................8-21
21.81.010. Purpose ............................................................................................................................8-21
21.81.020. Applicability.......................................................................................................................8-21
21.81.030. Definitions.........................................................................................................................8-21
21.81.040. Hillside Development Standards.......................................................................................8-22
21.81.050. Modification to Hillside Development Standards ..............................................................8-25
21.81.060. Creation of New Lots ........................................................................................................8-26 Chapter 21.82. Lighting and Illumination...............................................................................................8-26
21.82.010. Purpose and Applicability .................................................................................................8-26
21.82.020. Lighting Standards............................................................................................................8-28
21.82.030. Modification to Lighting Standards....................................................................................8-29 Chapter 21.83. Noise................................................................................................................................8-29
21.83.010. Purpose and Applicability .................................................................................................8-29
21.83.020. Findings............................................................................................................................8-30
21.83.030. Definitions.........................................................................................................................8-30
21.83.040. General Noise Regulations...............................................................................................8-32
21.83.050. Sound Level Measurement Generally ..............................................................................8-32
21.83.060. Exterior and Interior Noise Standards...............................................................................8-32
21.83.070. Noise standards applicable to short-term rentals..............................................................8-34
Article 8 Environmental Standards
Paso Robles Zoning Code 8-ii
21.83.080. Noise standards specifically applicable to outdoor music venues and events..................8-34
21.83.090. Prohibited Noise Disturbances .........................................................................................8-35
21.83.100. Exemptions.......................................................................................................................8-36
21.83.110. Administration...................................................................................................................8-37
21.83.120. Modification to Noise Standards .......................................................................................8-37
21.83.130. Violation............................................................................................................................8-38
21.83.140. Other Remedies ...............................................................................................................8-38 Chapter 21.84. Oak Tree Preservation....................................................................................................8-38 Chapter 21.85. Performance Standards - General.................................................................................8-38
21.85.010. Purpose and Applicability .................................................................................................8-38
21.85.020. General Performance Standards for All Uses...................................................................8-38 Chapter 21.86. Surface Mining and Reclamation ..................................................................................8-40
21.86.010. Purpose ............................................................................................................................8-40
21.86.020. Applicability.......................................................................................................................8-40
21.86.030. Definitions.........................................................................................................................8-42
21.86.040. Incorporation of SMARA and Other State Regulations.....................................................8-42
21.86.050. Mineral Resource Management Policies ..........................................................................8-42
21.86.060. Vested Rights ...................................................................................................................8-42
21.86.070. Required Permit and Approvals........................................................................................8-43
21.86.080. Process.............................................................................................................................8-43
21.86.090. Findings for approval ........................................................................................................8-45
21.86.100. Phasing of Reclamation....................................................................................................8-46
21.86.110. Financial Assurances .......................................................................................................8-46
21.86.120. Interim Management Plans...............................................................................................8-48
21.86.130. Annual report requirements ..............................................................................................8-49
21.86.140. Inspections .......................................................................................................................8-49
21.86.150. Revisions to Reclamation Plans .......................................................................................8-50
21.86.160. Violations and Penalties ...................................................................................................8-50
21.86.170. Fees..................................................................................................................................8-50 Chapter 21.87. Reserved .........................................................................................................................8-51 Chapter 21.88. Reserved .........................................................................................................................8-51 Chapter 21.89. Reserved .........................................................................................................................8-51
Article 8 Environmental Standards
Paso Robles Zoning Code 8-1
CHAPTER 21.80. FLOODPLAIN MANAGEMENT
21.80.010. PURPOSE AND APPLICABILITY
A. Purpose. It is the purpose of this Chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by legally enforceable regulations applied uniformly throughout the community to all publicly and privately owned land within flood prone, mudslide (i.e., mudflow), or flood related erosion areas. These regulations are designed to:
1. Protect human life and health;
2. Minimize expenditure of public money for costly flood control projects;
3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
4. Minimize prolonged business interruptions;
5. Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard;
6. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage;
7. Ensure that potential buyers are notified that property is in an area of special flood hazard; and
8. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
B. Applicability. This Chapter shall apply to all areas of special flood hazards (as defined in Section
21.80.030) within the jurisdiction of the City.
C. Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the flood insurance study (FIS) for the City of El Paso de Robles, California (San Luis Obispo County) dated March 16, 1981 with accompanying flood insurance rate maps (FIRMs) and flood boundary and floodway maps (FBFMs), dated September 16, 1981, and all subsequent amendments and/or revisions, are adopted by reference and declared to be a part of this Chapter. The FIS and attendant mapping is the minimum area of applicability of this Chapter and may be supplemented by studies for other areas which allow implementation of this Chapter and which are recommended to the City Council by the Floodplain Administrator. The study, FIRMs, and FBFMs are on file at the office of the City Engineer, City Hall, located at 1000 Spring Street, El Paso de Robles, CA 93446.
D. Abrogation and Greater Restrictions. This Chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
21.80.020. STATUTORY AUTHORIZATION, FINDINGS OF FACT, AND METHODS OF
REDUCING FLOOD LOSSES
A. Statutory Authorization. The Legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local government units authority to adopt regulations designed to
Article 8 Environmental Standards
Paso Robles Zoning Code 8-2
promote the public health, safety, and general welfare of its citizenry. Therefore, the City Council does adopt the following floodplain management regulations.
B. Findings of Fact.
1. The flood hazard areas of the City are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.
2. These flood losses are caused by uses that are inadequately elevated, floodproofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities also contribute to flood losses.
C. Methods of Reducing Flood Losses. In order to accomplish its purposes, this Chapter includes methods and provisions to:
1. Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion, flood heights, or flood velocities;
2. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
3. Control the alteration of natural floodplain, stream channels, and natural protective barriers which help accommodate or channel flood waters;
4. Control filling, grading, dredging, and other development which may increase flood damage;
5. Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.
21.80.030. DEFINITIONS
Unless specifically defined below, words or phrases used in this Chapter shall be interpreted so as to give them the meaning they have in common usage and to give this Chapter its most reasonable application. Definitions included in this Section that are also defined in Chapter 21.92 (General Definitions) shall be applicable only to Chapter 21.80 (Floodplain Management).
A. A Zone. See "Special flood hazard area."
B. "Accessory structure" means a structure that is either:
1. Solely for the parking of no more than 2 cars; or
2. A small, low cost shed for limited storage, less than 150 square feet and $1,500 in value.
C. "Accessory use" means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located.
D. “Agricultural structure” means a walled and roofed structure used exclusively for agricultural purposes or uses in connection and livestock, including aquatic organisms. Structures that house tools or equipment used in connection with these purposes or uses are also considered to have agricultural purposes or uses.
Article 8 Environmental Standards
Paso Robles Zoning Code 8-3
E. "Alluvial fan" means a geomorphologic feature characterized by a cone or fan-shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration.
F. “Alteration of watercourse” means a dam, impoundment, channel relocation, change in channel capacity, or any other form of modification which may alter, impede, retard, or change the direction and/or velocity of the riverine flow during conditions of the base flood.
G. "Apex" means the point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.
H. "Appeal" means a request for a review of the Floodplain Administrator's interpretation of any provision of this Chapter.
I. "Area of shallow flooding" means a designated AO or AH zone on the flood insurance rate map (FIRM). The base flood depths range from 1 to 3 feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
J. Area of Special Flood Hazard. See "Special flood hazard area." K. “ASCE24” means the standard Flood Resistant Design and Construction, referenced by the Building Code, developed and published by the American Society of Civil Engineers, Reston, VA.
L. "Base flood" means a flood which has a 1 percent chance of being equaled or exceeded in any given year (also called the "100-year flood"). Base flood is the term used throughout this Chapter.
M. "Base flood elevation (BFE)" means the elevation shown on the flood insurance rate map for zones AE, AH, A1-30, VE and V1-V30 that indicates the water surface elevation resulting from a flood that has a1 percent or greater chance of being equaled or exceeded in any given year.
N. "Basement" means any area of the building having its floor subgrade, i.e., below ground level, on all sides.
O. “Breakaway wall” means a wall that is not part of the structural support of a structure and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the structure or supporting foundation system.
P. Building. See "Structure."
Q. “Design flood elevation” means the elevation of the highest flood (generally the base flood elevation including freeboard) that a retrofitting method is designed to protect against. Also referred to as “flood protection elevation”.
R. "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations or storage of equipment or materials.
S. "Encroachment" means the advance or infringement of uses, plant growth, fill, excavation, structures, permanent structures, or development into a floodplain which may impede or alter the flow capacity of a floodplain.
Article 8 Environmental Standards
Paso Robles Zoning Code 8-4
T. “Exceptional hardship” means for the purpose of Variances from these regulations or the Building Code, the exceptional difficulty that would result from a failure to grant a requested Variance. Mere economic or financial hardship is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors do not, as a rule, qualify as exceptional hardships. All of these circumstances can be resolved through other means without granting Variances, even when the alternatives are more expensive or require the property owner to build elsewhere or put the parcel to a different use than originally intended.
U. "Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before June 30, 1977.
V. "Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
W. "Flood," "flooding," or "floodwater" means:
1. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides (for example, mudflows), see "mudslides"; and
2. The condition resulting from flood-related erosion, see "flood-related erosion." X. "Flood boundary and floodway map (FBFM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway.
Y. “Flood control project” means a dam or barrier design and constructed to keep water away from or out of a specified area, including but not limited to levees, floodwalls, and channelization.
Z. “Flood damage-resistant material” means any building product (material, component, or system) capable of withstanding direct and prolonged contact with floodwaters without sustaining significant damage.
AA. "Flood hazard boundary map" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of flood hazards.
BB. "Flood insurance rate map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
CC. "Flood insurance study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the flood insurance rate map, the flood boundary and floodway map, and the water surface elevation of the base flood.
DD. "Floodplain" or "flood-prone area" means any land area susceptible to being inundated by water from any source, see "Flooding."
EE. "Floodplain Administrator" is the community individual appointed by title to administer and enforce the floodplain management regulations.