Paso Robles City Council
September 17, 2024

Article 8 Environmental Standards
Paso Robles Zoning Code 8-5
FF. "Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.

GG. "Floodplain management regulations" means this Chapter and other Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control), and other application of police power which control development in flood-prone areas. This term describes Federal, State, or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage.

HH. "Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. For guidelines on dry and wet floodproofing, see FEMA Technical Bulletins TB 1-93, TB 3-93, and TB 7-93.

II. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 1 foot. Also referred to as "regulatory floodway." JJ. "Floodway fringe" is that area of the floodplain on either side of the "regulatory floodway" where encroachment may be permitted.

KK. "Fraud and victimization" as related to Section 21.80.150 (Appeals) means that the Variance granted must not cause fraud on or victimization of the public. In examining this requirement, the City Council will consider the fact that every newly constructed structure adds to government responsibilities and remains a part of the community for 50 to 100 years. Structures that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.

LL. "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities.

MM. Hardship. See “Exceptional Hardship.”
NN. "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed wails of a structure.

OO. "Historic structure" means any structure that is:

1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

Article 8 Environmental Standards
Paso Robles Zoning Code 8-6

3. Individually listed on a State inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or

4. Individually listed in the Paso Robles Historic Resources Inventory (Section 21.62.030 [Criteria for Designation of Historic Resources]).

PP. “Letter of Map Change” means an official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include:

1. Letter of Map Amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area.

2. Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features.

3. Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community’s floodplain management regulations.

4. Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as-built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM.

QQ. "Levee" means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.

RR. "Levee system" means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.

SS. "Lowest floor" means the lowest floor of the lowest enclosed area, including basement (see "basement" definition). An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a structure’s lowest floor provided it conforms to applicable nonelevation design requirements including, but not limited to:

1. The flood opening standards in Section 21.80.080.C.3 of this Chapter;

2. The anchoring standards in Section 21.80.080.A of this Chapter;

3. The construction materials and methods standards in Section 21.80.080.B of this Chapter;

4. The standards for utilities in Section 21.80.090 of this Chapter.

Article 8 Environmental Standards
Paso Robles Zoning Code 8-7
TT. "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle." UU. "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into 2 or more manufactured home lots for rent or sale.

VV. "Market value" shall be determined by estimating the cost to replace the structure in new condition and adjusting that cost figure by the amount of depreciation which has accrued since the structure was constructed.

1. The cost of replacement of the structure shall be based on a square foot cost factor determined by reference to a building cost estimating guide recognized by the building construction industry.

2. The amount of depreciation shall be determined by taking into account the age and physical deterioration of the structure and functional obsolescence as approved by the Floodplain Administrator, but shall not include economic or other forms of external obsolescence.

3. Use of replacement costs or accrued depreciation factors different from those contained in recognized building cost estimating guides may be considered only if such factors are included in a report prepared by an independent professional appraiser and supported by a written explanation of the differences.

WW. "Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced.

XX. "New construction," for floodplain management purposes, means structures for which the "start of construction" commenced on or after June 30, 1977, and includes any subsequent improvements to such structures.

YY. "New 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 on or after June 30, 1977.

ZZ. “Nuisance” means that which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.

AAA. "Obstruction" means and includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, structure, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.

BBB. One Hundred Year Flood. See "Base flood."
CCC. "Program deficiency" means a defect in a community's floodplain management regulations or administrative procedures that impairs effective implementation of those floodplain management regulations.

1. "Recreational vehicle" means a vehicle which is: Built on a single chassis;

Article 8 Environmental Standards
Paso Robles Zoning Code 8-8

2. 400 square feet or less when measured at the largest horizontal projection;

3. Designed to be self-propelled or permanently towable by a light-duty truck; and

4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

DDD. "Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 1 foot.

EEE. "Remedy a violation" means to bring the structure or other development into compliance with State or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance.

Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this chapter or otherwise deterring future similar violations, or reducing State or Federal financial exposure with regard to the structure or other development.

FFF. "Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

GGG. Sheet Flow Area. See "Area of shallow flooding."
HHH. "Special flood hazard area (SFHA)" means an area in the floodplain subject to a 1 percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as zone A, AO, A1-A30, AE, A99, or AH.

III. "Start of construction" means and includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory structures, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a structure, whether or not that alteration affects the external dimensions of the structure.

JJJ. "Structure" means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home.

KKK. "Substantial damage" means:

1. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred; or

2. Flood-related damages sustained by a structure on 2 separate occasions during a ten-year period for which the cost of repairs at the time of each such event, on the average, equals or exceeds 25 percent of the market value of the structure before the damage occurred. This is also known as "repetitive loss."

Article 8 Environmental Standards
Paso Robles Zoning Code 8-9
LLL. "Substantial improvement" means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

1. Any project for improvement of a structure to correct existing violations or State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

2. Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.

MMM. “Utility and Miscellaneous Group U” means buildings and structures of an accessory character and miscellaneous structures not classified in any special occupancy, as described in the Building Code.

NNN. "Variance" means a grant of relief from the requirements of this Chapter which permits construction in a manner that would otherwise be prohibited by this Chapter.

OOO. "Violation" means the failure of a structure or other development to be fully compliant with this Chapter. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this Chapter is presumed to be in violation until such time as that documentation is provided.

PPP. "Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum. (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

QQQ. "Watercourse" means a lake, river, creek, stream, wash, arroyo, channel, or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

21.80.040. GENERAL PROVISIONS
A. Compliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this Chapter and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards) shall constitute a misdemeanor. Nothing herein shall prevent the City Council from taking such lawful action as is necessary to prevent or remedy any violation.

B. Interpretation. In the interpretation and application of this Chapter, all provisions shall be:

1. Considered as minimum requirements;

2. Liberally construed in favor of the City of Paso Robles; and

3. Viewed neither to limit nor repeal any other powers granted under State statutes.

C. Warning and Disclaimer of Liability. The degree of flood protection required by this Chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This Chapter does not imply that land outside the areas of special flood hazards or uses allowed within such areas will be free from flooding or flood damages. This Chapter shall not create liability on the part of the

Article 8 Environmental Standards
Paso Robles Zoning Code 8-10
City, City Council, any of officer or employee thereof, the State of California, or Federal Emergency Management Agency, for any flood damages that result from reliance on this Chapter or any administrative decision lawfully made hereunder.

21.80.050. PERMITS REQUIRED
A. Development Plan Required. A Development Plan (Chapter 21.16) shall be obtained before any construction or other development begins within any area of special flood hazard established in Subsection

21.80.010.C of this Chapter. An application for a Development Permit shall be filed and processed on the prescribed application forms in accordance with the procedures in Chapter 21.09 (Application Processing and Common Procedures). In addition to those requirements, the applicant shall provide the following minimum information:

1. Plans, drawn to scale, in accordance with City Engineering Standards, showing:
a. Location, dimensions, and elevation of the area in question, existing or proposed structures, storage of materials and equipment and their location; b. Proposed locations of water supply, sanitary sewer, and other utilities; c. Grading information showing existing and proposed contours, any proposed fill, and drainage facilities;
d. Location of the regulatory floodway when applicable; e. Base flood elevation information as specified in Section 21.80.010.C and Section

21.80.070.C of this Chapter;
f. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures;
g. Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in Section 21.80.080.C.2 of this Chapter and detailed in FEMA Technical Bulletin TB 3-93; and
h. Additional information as required by the Floodplain Administrator or their delegate.

2. Certification from a registered civil engineer or architect that the nonresidential floodproofed structure meets the floodproofing criteria in Section 21.80.080.C.2 of this Chapter.

3. For a crawl-space foundation, location and total net area of foundation openings as required in Section 21.80.080.C.3 of this Chapter and detailed in FEMA Technical Bulletins 1-93 and 7-93.

4. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

5. All appropriate certifications listed in Section 21.80.070.E of this Chapter.

B. Other permits required. The applicant shall obtain all other required State and Federal permits prior to initiating work authorized by these regulations and shall provide documentation of such permits to the Floodplain Administrator. Such permits include but are not limited to those required by the California State Water Resources Control Board for activities that affect wetlands and alter surface water flows, in conjunction with the United States Army Corps of Engineers; Section 404 of the Clean Water Act.

Article 8 Environmental Standards
Paso Robles Zoning Code 8-11

21.80.060. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR
The City Engineer is appointed as the Floodplain Administrator to administer, implement, and enforce this Chapter by granting or denying development permits in accord with its provisions.

21.80.070. DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN

ADMINISTRATOR
The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to the following:

A. Permit Review. Review all development permits to determine:

1. Permit requirements of this Chapter have been satisfied, including determination of substantial improvement and substantial damage of existing structures;

2. All other required State and Federal permits have been obtained;

3. The site is reasonably safe from flooding; and

4. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. This means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than 1 foot at any point within the City of El Paso de Robles; and

5. All letters of map revision (LOMR's) for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on conditional letters of map revision (CLOMR's). Approved CLOMR's allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.

B. Substantial Improvement and Substantial Damage Determinations. For applications for building permits to improve structures, including alterations, movement, repair, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such structures, the Floodplain Administrator, in coordination with the Building Official, shall:

1. Estimate the market value, or require the applicant to obtain a professional appraisal prepared by a qualified independent appraiser, of the market value of the structure before the start of construction of the proposed work; in the case of repair, the market value of the structure shall be the market value before the damage occurred and before any repairs are made.

2. Compare the cost to perform the improvement, the cost to repair the damaged structure to its predamaged condition, or the combined costs of improvements and repairs, where applicable, to the market value of the structure.

3. Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage.

4. Notify the applicant when it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the Building Code is required and notify the applicant when it is determined that work does not constitute substantial improvement or repair of substantial damage.

Article 8 Environmental Standards
Paso Robles Zoning Code 8-12
C. Review and Use of Any Other Base Flood Data. When base flood elevation data has not been provided in accordance with Subsection 21.80.010.C of this Chapter, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal or State agency, or other source, in order to administer Sections 21.80.100 through 21.80.150 of this Chapter.

NOTE: A base flood elevation shall be obtained using one of two methods from the FEMA publication, FEMA 265, "Managing Floodplain Development in Approximate Zone A Areas—A Guide for Obtaining and Developing Base (100-year) Flood Elevations" dated July 1995.

D. Notification of Other Agencies.

1. In alteration or relocation of a watercourse:
a. Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;
b. Submit evidence of such notification to the Federal Emergency Management Agency; and c. Assure that the flood-carrying capacity within the altered or relocated portion of said watercourse is maintained.

2. Base Flood Elevation changes due to physical alterations:
a. Applicants who submit hydrologic and hydraulic engineering analyses to support permit applications shall submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps when the analyses propose to change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within 6 months of such data becoming available.
b. All LOMR's for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on conditional letters of map revision (CLOMR's). Approved CLOMR's allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.

Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.

3. Changes in corporate boundaries: Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits.

E. Documentation of Floodplain Development. Obtain and maintain for public inspection and make available as needed the following:

1. Certification required by Sections 21.80.080.C.1 and 21.80.110 (Standards for Manufactured Homes) of this Chapter (lowest floor elevations);

2. Certification required by Section 21.80.080.C.2 of this Chapter (elevation or flood proofing of nonresidential structures);

3. Certification required by Section 21.80.080.C.3 of this Chapter (wet floodproofing standard);

Article 8 Environmental Standards
Paso Robles Zoning Code 8-13

4. Certification of elevation required by Section 21.80.100.A.3 of this Chapter (subdivisions and other proposed development standards);

5. Certification required by Section 21.80.130.B of this Chapter (floodway encroachments); and

6. In addition to the requirements of the Building Code and Appendix G, and regardless of any limitation on the period required for retention of public records, the Floodplain Administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of these regulations and the flood provisions of the Building Code, including Flood Insurance Studies, Flood Insurance Rate Maps; documents from FEMA that amend or revise FIRMs; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required certifications and documentation specified by the Building Code and these regulations; notifications to adjacent communities, FEMA, and the State related to alterations of watercourses; assurance that the flood carrying capacity of altered waterways will be maintained; documentation related to variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to these regulations and the flood resistant provisions of the Building Code.

F. Map Determinations. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard, where there appears to be a conflict between a mapped boundary and actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 21.80.150 (Appeals) of this Chapter.

G. Remedial Action. Take action to remedy violations of this chapter as specified in Section 21.80.040.A of this Chapter.

H. Biennial Report. Complete and submit Biennial Report to FEMA.

I. Planning. Ensure community's general plan is consistent with floodplain management objectives herein.

21.80.080. STANDARDS OF CONSTRUCTION
In all areas of special flood hazards the following standards are required:

A. Anchoring. All new construction and substantial improvements, including manufactured homes, shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

B. Construction Materials and Methods. All new construction and substantial improvement of structures, including manufactured homes, shall be constructed:

1. With flood damage-resistant materials, and utility equipment resistant to flood damage for areas below the base flood elevation;

2. Using methods and practices that minimize flood damage;

3. With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and

4. Within zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.

Article 8 Environmental Standards
Paso Robles Zoning Code 8-14
C. Elevation and Floodproofing.

1. Residential Construction. All new construction or substantial improvements of residential structures, shall have the lowest floor, including basement:
a. In AE, AH, A1-30 zones, elevated 2 feet above the base flood elevation. b. In an AO zone, elevated above the highest adjacent grade to a height 2 feet above the depth number specified in feet on the FIRM, or elevated at least 4 feet above the highest adjacent grade if no depth number is specified.
c. In an A zone, without BFEs specified on the FIRM (unnumbered A zone), elevated 2 feet above the base flood elevation; as determined under Section 21.80.070.C. Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered civil engineer or licensed land surveyor, and verified by the building inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator.

2. Nonresidential Construction. All new construction or substantial improvements of nonresidential structures, shall either be elevated to conform with Subsection C.1 of this Section or:
a. Be floodproofed below the elevation recommended under Subsection C.1 of this Section so that the structure is watertight with walls substantially impermeable to the passage of water;
b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
c. Be certified by a registered professional engineer or architect that the standards of Subparagraphs 21.80.080.C.2.a and 21.80.080.C.2.b of this Section are satisfied. Such certification shall be provided to the Floodplain Administrator.

3. Flood Openings. All new construction and substantial improvements of structures with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must exceed the following minimum criteria:
a. For non-engineered openings:
(1) Have a minimum of 2 openings on different sides having a total net area of not less than 1 square inch for every square foot of enclosed area subject to flooding,
(2) The bottom of all openings shall be no higher than 1 foot above grade, (3) Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater, and (4) Structures with more than one enclosed area must have openings on exterior walls for each area to allow floodwater to directly enter; or b. Be certified by a registered civil engineer or architect.

Article 8 Environmental Standards
Paso Robles Zoning Code 8-15

4. Manufactured homes: shall meet the standards in Section 21.80.110 (Standards for Manufactured Homes) of this Chapter.

5. Garages and Low Cost Accessory Structures.
a. Attached Garages.
(1) A garage attached to a residential structure, constructed with the garage floor slab below the BFE, shall be designed to allow for the automatic entry of floodwaters. See Paragraph 21.80.080.C.3 of this Section. Areas of the garage below the BFE must be constructed with flood damage resistant materials. See Subsection 21.80.080.B of this section.
(2) A garage attached to a nonresidential structure shall meet the above requirements or be dry floodproofed. For guidance on below grade parking areas, see FEMA Technical Bulletin TB-6.
b. Detached Garages and Accessory Structures.
(1) Accessory structures used solely for parking (2 car detached garages or smaller) or limited storage (small, low-cost sheds), as defined in Section 21.80.030 (Definitions), may be constructed such that its floor is below the base flood elevation (BFE), provided the structure is designed and constructed in accordance with the following requirements:
(A) Use of the accessory structure must be limited to parking or limited storage;
(B) The portions of the accessory structure located below the BFE must be built using flood damage-resistant materials;
(C) The accessory structure must be adequately anchored to prevent flotation, collapse and lateral movement;
(D) Any mechanical and utility equipment in the accessory structure must be elevated or floodproofed to or above the BFE;
(E) The accessory structure must comply with floodplain encroachment provisions in Section 21.80.130 (Floodways); and
(F) The accessory structure must be designed to allow for the automatic entry of floodwaters in accordance with Paragraph 21.80.080.C.3. (2) Detached garages and accessory structures not meeting the above standards must be constructed in accordance with all applicable standards in this Section.

6. Crawlspace Construction. This Paragraph applies to structures with crawl spaces up to 2 feet below grade. Below-grade crawl space construction in accordance with the requirements listed below will not be considered basements.
a. The building must be designed and adequately anchored to resist floatation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Crawl space construction is not allowed in areas with

Article 8 Environmental Standards
Paso Robles Zoning Code 8-16
flood velocities greater than 5 feet per second unless the design is reviewed by a qualified design professional, such as a registered architect or professional engineer; b. The crawl space is an enclosed area below the BFE and, as such, must have openings that equalize hydrostatic pressures by allowing for the automatic entry and exit of floodwaters. For guidance on flood openings, see FEMA Technical Bulletin 1-93; c. Crawl space construction is not allowed in V zones. Open pile or column foundations that withstand storm surge and wave forces are required in V zones; d. Portions of the building below the BFE must be constructed with materials resistant to flood damage. This includes not only the foundation walls of the crawl space used to elevate the building, but also any joists, insulation, or other materials that extend below the BFE;
e. Any building utility systems within the crawl space must be elevated above BFE or designed so that floodwaters cannot enter or accumulate within the system components during flood conditions; and
f. Requirements for all below-grade crawl space construction, in addition to the above requirements, to include the following:
(1) The interior grade of a crawl space below the BFE must not be more than 2 feet below the lowest adjacent exterior grade (LAG), shown as D in figure 3 of Technical Bulletin 11-01,
(2) The height of the below-grade crawl space, measured from the interior grade of the crawl space to the top of the crawl space foundation wall must not exceed 4 feet (shown as L in figure 3 of Technical Bulletin 11-01) at any point, (3) There must be an adequate drainage system that removes floodwaters from the interior area of the crawl space within a reasonable period of time after a flood event, not to exceed 72 hours, and
(4) The velocity of floodwaters at the site should not exceed 5 feet per second for any crawl space. For velocities in excess of 5 feet per second, other foundation types should be used.

21.80.090. STANDARDS FOR UTILITIES
A. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate:

1. Infiltration of floodwaters into the systems; and

2. Discharge from the systems into flood hazards.

B. On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding.

Article 8 Environmental Standards
Paso Robles Zoning Code 8-17

21.80.100. STANDARDS FOR SUBDIVISIONS AND OTHER PROPOSED

DEVELOPMENT
A. All new subdivisions proposals and other proposed development, including proposals for manufactured home parks and subdivisions shall:

1. Identify the special flood hazard areas (SFHA) and base flood elevations (BFE).

2. Identify the elevations of lowest floors of all proposed structures and pads on the final plans.

3. If the site is filled above the base flood elevation, the following as-built information for each structure shall be certified by a registered civil engineer or licensed land surveyor and provided as part of an application for a letter of map revision based on fill (LOMRF) to the Floodplain Administrator:
a. Lowest floor elevation;
b. Pad elevation;
c. Lowest adjacent grade.

B. All subdivision proposals and other proposed development shall be consistent with the need to minimize flood damage.

C. All subdivision proposals and other proposed development shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

D. All subdivisions and other proposed development shall provide adequate drainage to reduce exposure to flood hazards.

21.80.110. STANDARDS FOR MANUFACTURED HOMES
A. All manufactured homes that are placed or substantially improved on sites located:

1. Outside of a manufactured home park or subdivision;

2. In a new manufactured home park or subdivision;

3. In an expansion to an existing manufactured home park or subdivision; or

4. In an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall, within zones A1-30, AH, and AE on the community's flood insurance rate map, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated 2 feet above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

B. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within zones A1-30, AH, and AE on the community's flood insurance rate map that are not subject to the provisions of Subsection 21.80.110.A of this section of this chapter will be securely fastened to an adequately anchored foundation system to resist flotation collapse, and lateral movement, and be elevated so that either the:

Article 8 Environmental Standards
Paso Robles Zoning Code 8-18

1. Lowest floor of the manufactured home is at least 2 feet above the base flood elevation; or

2. Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade.

Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered civil engineer or licensed land surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator.

21.80.120. STANDARDS FOR RECREATIONAL VEHICLES
All recreational vehicles placed on sites within zones A1-30, AH, and AE will either:

A. Be on the site for fewer than 180 consecutive days; or B. Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or
C. Meet the permit requirements of Section 21.80.050 (Permits Required) of this Chapter and the elevation and anchoring requirements for manufactured homes in Subsection 21.80.110.A of this Chapter.

21.80.130. FLOODWAYS
Since floodways are an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

A. Until a regulatory floodway is adopted, no new construction, substantial development, or other development (including fill) shall be allowed within zones A1-30 and AE, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other development, will not increase the water surface elevation of the base flood more than 1 foot at any point within the City.

B. Within an adopted regulatory floodway, the City shall prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered civil engineer is provided demonstrating that encroachments shall not result in any increase in the base flood elevation during the occurrence of the base flood discharge.

C. If subsections A and B of this section are satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of Sections 21.80.080 through 21.80.130 of this Chapter.

21.80.140. VARIANCE PROCEDURES FOR FLOODPLAINS
A. Nature of Variances.

1. The issuance of a variance is for floodplain management purposes only. Insurance premium rates are determined by statute according to actuarial risk and will not be modified by the granting of a variance. The variance criteria set forth in this section of the chapter are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature.

A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this Chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property

Article 8 Environmental Standards
Paso Robles Zoning Code 8-19
and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.

2. It is the duty of the City Council to help protect its citizens from flooding. This need is so compelling and the implications of the cost of ensuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare.

The long-term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this chapter are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.

B. Conditions for Variances.

1. Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of 0.5 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of Sections 21.80.050 through 21.80.070 and 21.80.080 through 21.80.130 of this Chapter have been fully considered. As the lot size increases beyond 0.5 acre, the technical justification required for issuing the variance increases.

2. Variances may be issued for the repair or rehabilitation of "historic structures" (as defined in this chapter) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

3. Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.

4. Variances shall only be issued upon a determination that the variance is the "minimum necessary" considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this chapter. For example, in the case of variances to an elevation requirement, this means the City Council need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the City Council believes will both provide relief and preserve the integrity of the local ordinance.

5. Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that:
a. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance; and
b. Such construction below the base flood level increases risks to life and property. It is recommended that a copy of the notice shall be recorded by the Floodplain Administrator in the office of the San Luis Obispo County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

6. The Floodplain Administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency.

Article 8 Environmental Standards
Paso Robles Zoning Code 8-20

21.80.150. APPEALS
A. Review Authority. The City Council shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this Chapter.

B. Decision Factors. In passing upon requests for variances, the City Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this Chapter, and the:

1. Danger that materials may be swept onto other lands to the injury of others;

2. Danger of life and property due to flooding or erosion damage;

3. Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property;

4. Importance of the services provided by the proposed facility to the community;

5. Necessity to the facility of a waterfront location, where applicable;

6. Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

7. Compatibility of the proposed use with existing and anticipated development;

8. Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

9. Safety of access to the property in time of flood for ordinary and emergency vehicles;

10. Expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site; and

11. Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges.

C. Decision. Variances shall only be issued upon a:

1. Showing of good and sufficient cause;

2. Determination that failure to grant the variance would result in exceptional "hardship" (as defined in Section 21.80.030 of this Chapter) to the applicant; and

3. Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance (as defined in section

21.14.050 of this chapter, see "public safety or nuisance"), cause fraud or victimization (as defined in Section 21.80.030 of this Chapter) of the public, or conflict with existing local laws or ordinances.

D. Approval. Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of this Section are satisfied and that the structure or other development is protected by methods that minimize

Article 8 Environmental Standards
Paso Robles Zoning Code 8-21
flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.

E. Conditions. Upon consideration of the factors of Section 21.80.140.B.1 of this Chapter and the purposes of this Chapter, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Chapter.

CHAPTER 21.81. HILLSIDE DEVELOPMENT

21.81.010. PURPOSE
The purpose of this Chapter is to establish development standards that conserve the natural character of hillside areas, preserve and enhance the scenic hillside amenities of the city, and minimize the environmental impact resulting from extensive grading in visually sensitive areas. Development on hillsides shall be designed to conform to the topographical contours of the site to the extent feasible. Notwithstanding the provisions of this Chapter, grading in hillside areas shall be performed in a manner consistent with the applicable provisions of Title 20 (Grading), the recommendations of a licensed civil engineer, and subject to approval of the City Engineer.

21.81.020. APPLICABILITY
A. This Chapter applies to all development, grading, and construction projects within the City of Paso Robles.

B. These hillside development standards are in addition to those development standards established in Chapter 21.33 (Residential Zoning Districts), Chapter 21.34 (Commercial, Industrial, and Airport Zoning Districts), Chapter 21.35 (Public Parks, Open Space and Agricultural Zoning Districts), and Chapter 21.36 (Overlay Zoning Districts), except where the development standards for the primary zoning district are more restrictive than the development standards for hillside areas.

21.81.030. DEFINITIONS
A. “Area of Disturbance” means the portion of a project site that is disturbed for development, including any areas disturbed to accommodate structures, foundations, all graded slopes, parking areas, driveways, graded outdoor recreation spaces, and any areas otherwise graded or altered from existing conditions.

B. “Average Slope” shall be calculated consistent with Subsection 21.41.060 (Determining Average Slope).

C. “Developable Area” is defined in Section 21.41.070 (Determining Developable Area).

D. "Exterior Retaining Wall” means a retaining wall that faces an exterior property line and/or is not fully screened by a structure.

Article 8 Environmental Standards
Paso Robles Zoning Code 8-22
Figure 21.81.030-1: Exterior Retaining Wall
E. “Hillside” means those net developable areas with existing slopes of over 10 percent.

F. “Interior Retaining Wall” means a retaining wall that faces a structure on a lot where the retaining wall is fully screened by said structure.

Figure 21.81.030-2: Interior Retaining Wall
G. “Mass grading” means the excavation or deposition (cut and fill) of soil across a parcel for the construction of multiple buildings or other improvements. Mass grading sometimes involves the movement of soil across existing or proposed property lines for the purpose of balancing the overall earthwork (the amount of cut and fill) on the site. Mass grading is often used for multiple parcels or pads.

H. “Pad grading” means the excavation or deposition (cut and fill) of soil to create a relatively flat area on a single parcel for the construction of improvements.

21.81.040. HILLSIDE DEVELOPMENT STANDARDS
A. General Grading and Building Standards. The area of disturbance (defined in Subsection 21.81.030.A) shall be limited to the developable area (defined in Section 21.41.070) of a lot.

B. General Grading Standards.

1. Grading shall be designed to minimize landform alteration to the extent feasible.

Article 8 Environmental Standards
Paso Robles Zoning Code 8-23

2. Mass or pad grading is only allowed where it is necessary for the reasonable use of the property and shall be conducted in a manner consistent with the purpose and intent of this Chapter, including Paragraph 21.81.040.B.1 and Subsection 21.81.040.C (Structure Foundations on Slopes).

3. Grading design shall be based on the concept of contour grading, where the existing landform is maintained or the natural landform pattern is replicated in the case of extensive grading.

4. The crest of all graded slopes greater than 6 feet vertical height shall be rounded. Where graded slopes intersect, the ends of each slope shall be horizontally rounded and blended.

C. Structure Foundations on Slopes. Except as allowed through approval of a Modification consistent with Section 21.81.050 (Modification to Hillside Development Standards), foundations for structures and other accessory uses shall be subject to the following standards:

1. Slopes of Less than 15 Percent. Individual pad grading is allowed where the area of disturbance has an existing slope less than 15 percent.

2. Slopes 15 – 35 Percent. Where the area of disturbance has an existing slope of between 15 and 35 percent, pad grading is not allowed. Foundations shall incorporate special building techniques designed by a registered engineer or architect, including, but not limited to, split levels, benching, cantilevered, poles, piles, step and stem walls, and other methods designed to minimize soil disruption.

3. Slopes of More than 35 Percent. No area of disturbance is permitted on an existing slope greater than 35 percent.

D. Development Standards on Slopes.

1. Graded Slopes and Retaining Walls.
a. The maximum vertical height of a graded slope or combination of graded slope and the exposed face of any exterior or interior retaining wall shall not exceed the limits indicated in Table 21.81.040-1 (Slope and Retaining Wall Height).

Table 21.81.040-1: Slope and Retaining Wall Height
Side/Front Yards Rear Yards All Yards
Building Type
2:1 Slope
Max
Vertical
Change
(ft.)
3:1 Slope
Max
Vertical
Change
(ft.)
Exposed Face
of Retaining
Walls (ft.)
2:1 Slope
Max
Vertical
Change
(ft.)
3:1 Slope
Max
Vertical
Change
(ft.)
Exposed
Face of
Retaining
Walls (ft.)
4:1 Slope Max Vertical
Change (ft.)
Single -Family and Multi-Family Residential (Sq. Ft.)
Lot Size 7,000 sq. ft. 4 6 4 6 10 6 unlimited
7,001-9,999 8 10 4 8 12 6 unlimited
10,000 12 15 4 12 18 6 unlimited
Non-Residential 12 15 6 12 18 6 unlimited

Article 8 Environmental Standards
Paso Robles Zoning Code 8-24
b. The minimum distance required between multiple retaining walls shall be less than or equal to the height of the retaining wall as described in Table 21.81.040-1 (Slope and Retaining Wall Height) and as shown in Figure 21.81.040-1 (Minimum Distance Between Multiple Retaining Walls).
c. Retaining walls to create building pads shall be constructed of masonry material, textured concrete, or similar material as determined by the review authority. d. Setbacks from property lines to graded slopes and retaining walls shall be consistent with the California Building Code.

Figure 21.81.040-1: Minimum Distance Between Multiple Retaining Walls

2. Stem Walls. The exposed face of a building stem wall shall not exceed 9 feet in average height and shall consist of a decorative surface finish compatible with the building architecture or natural hillside character.

3. Roof Materials. Roofing shall be fire-retardant and shall be neither white nor reflective.

4. Outdoor Flat Area or Deck for Single-Family Residential Structures. Development of new single-family residences shall include an unobstructed existing or manufactured (graded) area of at least 10 feet in depth for the length of a building with a slope not more than 5 percent. Where the structure is designed to be built into the existing slope, this requirement may be met by providing either a 5-foot-wide manufactured area no less than the full width of the dwelling unit, or a deck at least 10 feet in depth and no less than the full width of the dwelling unit. The underside of a deck that is 3 feet or higher above grade shall be screened.

5. Landscaping. In addition to the standards of Chapter 21.45 (Landscaping and Open Space), landscaping in hillside areas shall comply with the following. a. Protection and Use of Existing Vegetation. Development shall protect and retain existing vegetation to the maximum extent possible. Existing groundcover and shrubs shall not be removed from lands with steep slopes (35 percent or greater) unless

Article 8 Environmental Standards
Paso Robles Zoning Code 8-25
necessary for weed abatement to remove fire hazards. When groundcover is removed on any slope, it shall be replaced with other vegetation. Existing groundcover shall be protected from damage during construction.
b. New Landscaping. All development shall provide new landscaping as follows:
(1) Erosion Control. All graded slopes or slopes cleared of vegetation shall be landscaped with groundcover or other vegetation designed to retain the slope and to mitigate the visual impacts associated with bare ground. (2) Architectural Enhancement. Trees and shrubs shall be planted to provide screening under decks, along walls, and as accent features. (3) Street Trees. Street trees shall be planted as required by Title 10 (Vegetation). (4) Trees on Graded Slopes. Trees shall be planted within the landscaping on graded slopes at a rate of at least 1 tree per 1,000 square feet of graded slope. (5) Irrigation. All landscaping required for erosion control, trees, and architectural enhancement shall be irrigated. Irrigation design shall be in compliance with Chapter 21.56 (Water Efficient Landscaping).
(6) Plant Species. New landscaping shall incorporate plant species that meet the following criteria:
(A) Planting within 30 feet of buildings shall be fire-ignition resistant to the satisfaction of the Fire Marshal.
(B) In compliance with Chapter 21.56 (Water Efficient Landscaping). (C) Non-invasive.

21.81.050. MODIFICATION TO HILLSIDE DEVELOPMENT STANDARDS A. Allowed Modifications. Modifications to hillside development standards may be allowed through a Special Planned Development (Chapter 21.11), Development Plan Modification (Section 21.16.020), or Site Plan Modification (Section 21.17.020) process. Table 21.81.050-1 (Hillside Modifications) outlines standards for which Modifications may be requested.

Table 21.81.050-1: Hillside Modifications
Standard Site Plan
Modification
Development
Plan
Modification
Special Planned
Development
Zoning Code Section
Exceed maximum vertical
height of graded slopes
-- May request May request
Paragraph 21.81.040.D.1 (Graded
Slopes and Retaining Walls),
Table 21.81.040-1 (Slope and
Retaining Wall Height)
Exceed maximum height of
retaining walls up to 2 ft May request May request May request Paragraph 21.81.040.D.1 (Graded
Slopes and Retaining Walls),
Table 21.81.040-1 (Slope and
Retaining Wall Height)
Exceed maximum height of
retaining walls 2 ft or more -- May request May request Paragraph 21.81.040.D.1 (Graded Slopes and Retaining Walls),

Article 8 Environmental Standards
Paso Robles Zoning Code 8-26
Table 21.81.050-1: Hillside Modifications
Standard Site Plan
Modification
Development
Plan
Modification
Special Planned
Development
Zoning Code Section
Table 21.81.040-1 (Slope and
Retaining Wall Height)
Minimum distance between
retaining walls -- May request May request Subparagraph 21.81.040.D.1.b Individual pad for 15-35%
slope (instead of stem walls) -- May request May request Paragraph 21.81.040.C.2.

Building with special building
techniques (stem walls) on
slopes over 35%
-- -- May request Paragraph 21.81.040.C.3.

Height of stem wall May request May request May request Paragraph 21.81.040.D.2 Landscape standards May request May request May request Paragraph 21.81.040.D.5.

B. Modification Findings. In addition to the findings associated with the application (Section 21.11.060 [Special Planned Development]; Subsection 21.16.020.D [Development Plan Modification]; Subsection

21.17.010.C [Site Plan Modification]), all of the following findings can be made:

1. The Modification preserves oak trees (as applicable); and

2. The Modification does not involve individual pads on slopes over 35 percent.

21.81.060. CREATION OF NEW LOTS
A. General Standards for New Lots. The following standards shall apply to lots created through a tract map, parcel map, or reconfiguration of existing lots by a lot line adjustment:

1. No new lots shall be created that would necessitate locating the area of disturbance on existing slopes with an average of more than 35 percent.

2. The graded slopes and/or retaining walls between 2 adjacent lots shall be constructed on the lower lot; and

3. Between 2 adjacent lots, the property lines shall be located at the top of slopes.

B. Development Plan Modification for Multiple Slope Categories. An application for a Development Plan Modification (Section 21.16.020) may be submitted where a proposed Tentative Tract Map includes areas that fall under several slope categories, and 1 or more of these areas are relatively small or narrow, to allow the application of standards applicable to the nearest predominant slope category rather than strict compliance with the minimum lot size and depth requirements (Table 21.33.030-1 [Development Standards for R-A, R-1, and R-1 Combining Districts]) if, in addition to the findings of Subsection 21.16.020.D, the review authority finds the Modification would not result in a subdivision with non-uniform lot areas or nonorderly development.

CHAPTER 21.82. LIGHTING AND ILLUMINATION

21.82.010. PURPOSE AND APPLICABILITY
A. Purpose. This Chapter is intended to minimize artificial light that may have a detrimental effect on the environment and enjoyment of the night sky. These provisions are also intended to reduce the unnecessary

Article 8 Environmental Standards
Paso Robles Zoning Code 8-27
illumination of adjacent properties and the use of energy and meet the minimum requirements of the California Code of Regulations for Outdoor Lighting and Signs (Title 24, Chapter 6). Outdoor lighting shall be designed, installed and maintained to be an integral part of the built environment, reflecting a balance for lighting needs with the contextual ambient light level and surrounding nighttime characteristics of the community.

B. Applicability. The standards of this Chapter apply to the following development projects:

1. New Construction. All new or replacement of exterior light fixtures or systems.

2. Nonconforming Lighting. Replacement of nonconforming light fixtures and light systems shall be required in the following circumstances:
a. Commercial additions and remodels. All building permits with a valuation more than the amount described in Paragraph 11.12.030.A.1 for requirement of frontage improvements shall bring existing exterior lighting into conformance with the provisions of this Chapter.

In the event that the improvements are for a single tenant in a multi-tenant center, the Zoning Administrator shall determine a proportionate share of exterior lights to be replaced with the Building Permit.
b. Residential additions and remodels. Additions totaling 50 percent or more of the existing gross floor area of a structure or alterations affecting 50 percent or more of existing gross floor area shall bring existing exterior lighting into conformance with the provisions of this Chapter.

3. Exemptions. The following light sources are exempt from the standards of this Chapter:
a. Temporary construction lighting necessary for an allowed use are exempt except that permanent installations at dedicated sites shall conform to the requirements of this Chapter;
b. Sports fields;
c. Temporary holiday lighting; and
d. Similar lighting types as determined by the Zoning Administrator.

4. Other laws or ordinances may require minimum illumination levels for specific applications and may conflict with these regulations. In such cases, those laws or ordinances shall govern.

C. Application Materials. All development applications shall include sufficient information to enable the Zoning Administrator to determine whether the proposed and existing lighting complies with the provisions of this Chapter. For projects requiring a Development Plan (Subsection 21.16.010.B), the application shall include the following:

1. A site plan indicating the proposed location of all outdoor lighting fixtures;

2. A description of each illuminating device, fixture, lamp, support, and shield. This description may include, but is not limited to, manufacturer’s catalog cuts and drawings (including sections where required), lamp types, lumen outputs, and kelvin rating/scale;

Article 8 Environmental Standards
Paso Robles Zoning Code 8-28

3. Photometric plans depicting the location of all light poles and building-mounted lighting fixtures and a maximum ten-foot by ten-foot grid of both the initial and maintained lighting levels on the site, and including impact on adjacent properties;

4. The project lighting plan shall be coordinated with any associated landscaping plan to prevent site planning conflicts; and

5. Any other information the Zoning Administrator may determine is necessary to ensure compliance with the provisions of this Chapter.

21.82.020. LIGHTING STANDARDS
A. Maximum Height.

1. Within 100 feet of a residential zoning district: 16 feet.

2. Other Locations: 25 feet.

B. Design of Fixtures. Outdoor lighting fixtures, either wall mounted or light standards, shall be appropriate to the style and scale of the architecture of the building. Fixtures on buildings shall be attached only to walls or eaves, and the top of the fixture shall not exceed the height of the parapet, roof, or eave of the roof.

C. Commercial/Industrial Lighting. Fixtures shall be fixed in position.

D. Timing Controls. All outdoor lighting in non-residential development shall be on a time clock or photosensor system and turned off during daylight hours and during hours when the building or, in the case of shopping centers, all buildings, are not in use. Security lighting shall utilize motion sensors to reduce light intensity or turn lights off when no motion is detected.

E. Patio Lights. Commercial string lights and other patio lighting shall be turned off no more than 30 minutes after close of business.

F. Light Trespass. All lights shall be directed, oriented, and shielded to prevent light trespass or glare onto adjacent properties. The light level at property lines shall not exceed 0.3 foot-candle.

G. Up Lighting. Up-lighting (lighting directed higher than 90 degrees from the ground) is prohibited.

H. Lighting Shielded.

1. All outdoor lighting shall be Dark-Sky compliant or equivalent. Light sources shall be designed and adjusted to direct light away from any road or street and away from any property or buildings outside the ownership of the applicant.

2. Outdoor lighting shall be shielded so that the light source is not visible from off-site. Shielding shall be at least 2 inches in dimension measured from the lens or light source to direct light toward buildings or the ground and reduce glare.

Article 8 Environmental Standards
Paso Robles Zoning Code 8-29
Figure 21.82.020-1: Light Shielding Dimensions
I. Parking Lot Lighting.

1. Lighting Level. Parking lot lighting shall not exceed the levels needed to provide low level safety lighting for parking lot areas, as demonstrated by photometric plans.

2. Motion Sensors. Lighting shall be on motion sensors to minimize lighting when not in use.

J. Lighting Color (Chromaticity). All outdoor lighting shall utilize light sources with correlated color temperature not to exceed 3,000 Kelvin (K).

K. Flashing. Outdoor lighting shall not blink, flash, or rotate.

21.82.030. MODIFICATION TO LIGHTING STANDARDS
A. General. Modifications to lighting standards may be allowed through a Development Plan Modification (Section 21.16.020). An application for a Development Plan Modification (Section 21.16.020) shall set forth all actions taken to comply with this Chapter, the reasons why compliance cannot be achieved, and a proposed method for achieving alternative compliance.

B. Findings and Decision.

1. Decision and Conditions. The Planning Commission may grant or deny the application for a Development Plan Modification to lighting standards. If approved, the Modification may be for a limited period and may be subject to any other terms, conditions, and requirements as the Planning Commission may deem reasonable to achieve maximum compliance with the provisions of this Chapter. Such terms, conditions and requirements may include, but shall not be limited to, limitations on lighting levels and operating hours.

2. Findings. In approving such a request, the review authority shall consider whether the lighting Modification meets a unique security need and/or serves a community-wide purpose, and shall make the findings required for a Development Plan Modification (Subsection 21.16.020.D).

CHAPTER 21.83. NOISE

21.83.010. PURPOSE AND APPLICABILITY
The purpose of this Chapter is to provide standards to regulate excessive, unnecessary, and annoying noise from all sources within the City subject to the City’s police power.

Article 8 Environmental Standards
Paso Robles Zoning Code 8-30

21.83.020. FINDINGS
The City Council finds:

A. The making and creation of excessive, unnecessary, and annoying noises within the limits of the City is a condition which has existed for some time and the extent and volume of such noises is increasing; B. Excessive, unnecessary, or annoying noise within the City is detrimental to the public health, safety, welfare, and the peace and quiet of the inhabitants of the City; C. Every person in the City is entitled to live in an environment free from excessive, unnecessary, or annoying noise levels;
D. Noise is recognized as an inherent by-product of many land uses and the economic base of the City is protected by preventing the encroachment of noise-sensitive land uses into areas affected by existing noiseproducing uses; E. Concerts and tourism-related events contribute to the vitality and character of the City and balancing the acoustical requirements of both residents and such businesses and events is of vital importance to the City; and
F. The establishment of maximum permissible noise levels will further the public health, safety, welfare, peace, and quiet of City inhabitants.

21.83.030. DEFINITIONS.

The following words, phrases and terms as used in this Chapter shall have the following meanings:
“Ambient noise level” means the all-encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made. “A-weighting” means a frequency-response adjustment of a sound level meter that conditions the output signal to approximate human response. All noise level measurements and noise standards associated with this noise element are provided in terms of A-weighted sound levels.
“Decibel” or “dB” means fundamental unit of sound, defined as 10 times the logarithm of the ratio of the sound pressure squared over the reference pressure squared.
“Emergency work” means the use of any machinery, equipment, vehicle, manpower, or other activity in an effort to protect, maintain, provide, or restore safe conditions in the community or for citizenry, or work by private or public utilities when restoring utility service.
“Fixed noise source” refers to sources of noise occurring on private property that are not regulated at the local level.

They may be fixed in a certain position or mobile on the private property, but do not include mobile vehicles on public roadways, railroad, or aircraft operations. For example, the City cannot regulate how much noise a car on a public roadway can generate, as such levels are regulated at the State level. However, the City can regulate the level of noise that is generated on private property as it affects other properties. Traffic on public roadways, railroad operations, and aircraft in flight cannot be regulated at the local level.

Article 8 Environmental Standards
Paso Robles Zoning Code 8-31
“Frequency” means the measure of the rapidity of alterations of a periodic acoustic signal, expressed in cycles per second or hertz.
“Hertz” means the unit of measurement of frequency, numerically equal to cycles per second. “L eq “ means equivalent or energy-averaged sound level. “L max “ means the highest root-mean-square (RMS) sound level measured over a given period of time. “Loudness” means a subjective term for the sensation of the magnitude of sound. “Noise” means unwanted sound.
“Sensitive outdoor areas” means the primary outdoor activity area associated with any given land use at which noisesensitivity exists and the location at which the City’s exterior noise level standards are applied. Additional definitions of sensitive areas of various residential uses follow.
“Sensitive areas of single-family residential uses” is normally considered to be back yards or distinct rear patio/deck areas. Front yard spaces may be identified as the sensitive exterior area if there are no other clearly identifiable private outdoor activity areas proposed as part of the residential property. Elevated balconies front courtyards, front decks, side yards, etc., are not commonly considered to be sensitive outdoor activity areas. Where the location of outdoor activity areas for large lot residential properties cannot be determined, the City’s exterior noise level standards shall be applied within 50 feet of the rear of the residence. “Sensitive areas of multi-family residential uses” means common outdoor recreation areas, such as pools, tot-lots, tennis courts, etc., of multi-family uses are considered to be the sensitive outdoor area. Individual patios and balconies of multi-family developments are not considered to be sensitive outdoor areas. “Sensitive areas of residential component of mixed-use developments” means mixed use developments will commonly consist of residential units on elevated floors above office or commercial uses. As a result, such uses may not include a clearly delineated sensitive outdoor area, in which case satisfaction with the City’s interior noise level standards will be considered adequate. The exterior noise standards for the residential component of mixed-use developments shall not be applied to patios or balconies facing the noise source (i.e. street). “Sensitive areas of non-residential uses” means the noise sensitive area of non-residential uses should be evaluated on a case-by-case basis. For example, the exterior areas surrounding hospitals, schools, and office buildings are not commonly considered to be noise-sensitive, whereas the interior spaces of such uses are noise sensitive. The noise standards contained in Tables 21.83.060-1 (Exterior Noise Standards for Locally Regulated [Non-Transportation] Noise Sources) and Table 21.83.080-1 (Noise Standards for Outdoor Venues Generating Amplified Music or Speech) should only be applied to locations within a proposed use where noise sensitivity can be demonstrated. "Simple tone noise" or "pure tone noise" means a noise characterized by the presence of a predominant frequency or frequencies such as might be produced by whistle or hum. "Sound level meter" means an instrument meeting American National Standard Institute's Standard S1.4-1971 for type 1 or 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.
"Sound pressure level" means a sound pressure level of a sound, in decibels, as defined in ANSI Standards 51.2- 1962 and 51.13-1921; that is, 20 times the logarithm to the base 10 of the ratio of the pressure of the sound to a reference pressure, which reference pressure shall be explicitly stated.

Article 8 Environmental Standards
Paso Robles Zoning Code 8-32

21.83.040. GENERAL NOISE REGULATIONS
Notwithstanding any other provisions of this Chapter and in addition thereto, it is unlawful for any person to willfully make or continue or cause to be made or continued any excessive, unnecessary, or offensive noise levels, which disturbs the peace and quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area.

The standards that shall be considered in determining whether a violation of the provisions of this Chapter exists shall include, but not be limited to, the following:

A. The sound level of the objectionable noise;
B. The sound level of the ambient noise;
C. The proximity of the noise to residential uses;
D. The nature and zoning of the area within which the noise emanates; E. The density of the inhabitation of the area within which the noise emanates; F. The time of day or night the noise occurs;
G. The duration of the noise and its tonal informational or musical content; H. Whether the noise is continuous, recurrent or intermittent; and I. Whether the noise is produced by a commercial or noncommercial activity.

21.83.050. SOUND LEVEL MEASUREMENT GENERALLY
A. Any noise level measurements made pursuant to the provisions of this Chapter shall be performed using a sound level meter as defined herein with the A-weighting network under the "slow" meter response. The meter shall be calibrated immediately prior to use and fitted with a wind screen.

B. The location selected for measuring exterior noise levels shall be at the location identified as having exterior noise sensitivity as defined above. Where feasible, the microphone shall be at a height of 5 feet above ground level and shall be at least 5 feet from walls or similar reflecting surfaces. In the case of interior noise measurements, the windows shall be closed and the measurement shall be made at a point at least 5 feet from the wall, ceiling, or floor nearest the affected occupied area.

21.83.060. EXTERIOR AND INTERIOR NOISE STANDARDS
A. The noise standards contained in Table 21.83.060-1 (Exterior Noise Standards for Locally Regulated [NonTransportation] Noise Sources) below, unless otherwise specifically indicated in this Chapter, shall apply to all noise-sensitive exterior and interior areas within the City.

B. It is unlawful for any person at any location within the City to create any noise which causes the noise levels on an affected property, when measured in the designated sensitive exterior or interior location, to exceed the noise standards specified below in Table 21.83.060-1 (Exterior Noise Standards for Locally Regulated [Non-Transportation] Noise Sources) and the noise standards contained in Tables N, 1, and 2 in the Noise Element of the General Plan.

Article 8 Environmental Standards
Paso Robles Zoning Code 8-33
Table 21.83.060-1:

Exterior Noise Standards for Locally Regulated (Non-Transportation) Noise Sources Receiving Land Use Period3
Exterior Areas1Interior Spaces2
Lmax4 Leq5 Lmax4 Leq5
Residential Day 75 55 60 45
Evening 70 50 55 40
Night 65 45 45 35
Mixed-Use Residential Day — — 60 45
Evening — — 55 40
Night — — 45 35
Hotels, Hospitals6,& Nursing Homes Day 75 60 60 45
Evening 75 55 55 40
Night 70 50 45 35
Uptown/Town Center Specific Plan
Area Residential
Day 80 60 60 45
Evening 75 55 55 40
Night 70 50 45 35
Theaters & Auditoriums Day 75 55 40 35
Evening 70 50 40 35
Night — — 40 35
Churches, Meeting Halls, Libraries Day 75 55 55 45
Evening 70 50 55 40
Schools7 Day — — 55 40
Evening — — 55 40
Office/Professional Day 80 60 60 45
Evening 75 55 60 45
Commercial/Retail Buildings Day 80 60 60 50
Evening 75 55 60 50
Playgrounds, Parks, etc. Day 75 55 — —
Evening 75 55 — —
Industrial Day 80 60 60 50
Evening 75 55 60 50
Specific Notes:

1. Noise sensitive areas are defined acoustic terminology section.

2. Interior noise level standards are applied within noise-sensitive areas of the various land uses, as defined in the acoustic terminology section, with windows and doors closed.

3. Daytime hours = 7 a.m. to 7 p.m., Evening hours = 7 p.m. to 10 p.m., Nighttime hours = 10 p.m. to 7 a.m.

4. Lmax = Highest measured sound level occurring during a given interval of time (Typically 1 hour).

5. Leq = Average or “Equivalent” noise level during the worst-case hour in which the building is in use.

6. Hospitals are often noise-generating uses. The exterior noise level standards for hospitals are applicable only at clearly identified areas designated for outdoor relaxation by either hospital staff or patients.

7. Exterior areas of school uses are not typically noise-sensitive. As a result, the standards for schools are focused on the interior office and classroom spaces.

General Notes Applicable to All Noise Standards and Land Uses:
a. Where the noise source in question consists of speech or music, or is impulsive in nature, or contains a pure tone, the noise standards of this table are reduced by 5 dB.

Article 8 Environmental Standards
Paso Robles Zoning Code 8-34
Table 21.83.060-1:

Exterior Noise Standards for Locally Regulated (Non-Transportation) Noise Sources Receiving Land Use Period3
Exterior Areas1Interior Spaces2
Lmax4 Leq5 Lmax4 Leq5
b. Where ambient noise levels exceed the noise level standards shown above, the noise standards shall be increased in 5 dBA increments to encompass the ambient.
c. Reductions in the noise standards for noise sources identified in general note “A” above shall be applied after any increases warranted by elevated ambient conditions prescribed in general note “B,” subject to verification through a noise study.

C. Due to variations in types of both noise-generating and noise-sensitive land uses, as well as variations in ambient conditions in the City, the City shall have the ability to set noise standards up to 5 dBA higher or lower than the Table 21.83.060-1 (Exterior Noise Standards for Locally Regulated [Non-Transportation] Noise Sources) standards if determined appropriate by the Planning Commission and/or Zoning Administrator.

21.83.070. NOISE STANDARDS APPLICABLE TO SHORT-TERM RENTALS Persons utilizing short-term rentals pursuant to Chapter 21.64 (Short-Term Rentals) shall not exceed the noise standards of Table 21.83.060-1 (Exterior Noise Standards for Locally Regulated [Non-Transportation] Noise Sources) at the noise-sensitive areas of any land uses located within the City.

21.83.080. NOISE STANDARDS SPECIFICALLY APPLICABLE TO OUTDOOR MUSIC

VENUES AND EVENTS
The following policy is intended to provide event operators the ability to continue to operate while remaining cognizant of the sensitivity of residential and other noise-sensitive receptors located within the City.

A. The Table 21.83.060-1 (Exterior Noise Standards for Locally Regulated [Non-Transportation] Noise Sources) standards shall apply to existing and proposed venues where amplified music and speech would occur.

B. For venues within the City's jurisdiction that have been the subject of repeated, legitimate (verifiable) noise complaints, the City shall reserve the right to require ongoing noise monitoring and reporting. Where such reporting indicates that venues existing at the time of adoption of this ordinance are exceeding the Table

21.83.080-1 (Noise Standards for Outdoor Venues Generating Amplified Music or Speech) noise standards, or venues established after the adoption of this ordinance are exceeding the Table 21.83.080-1 (Noise Standards for Outdoor Venues Generating Amplified Music or Speech) standards, the City shall have the authority to impose sanctions upon the operator, including revocation of use permits.

Table 21.83.080-1:

Noise Standards for Outdoor Venues Generating Amplified Music or Speech Venue
Table 21.83.060-1
Standards
Applicable?
Mixing Booth6
Target Levels, dBA1,2 Footnotes
Mid-State Fairgrounds No 100 Leq, 110 Lmax 3
Vina Robles Amphitheater Yes 100 Leq, 105 Lmax 4
Downtown City Park No None 5
New Venues Yes As determined necessary
to satisfy Table

Article 8 Environmental Standards
Paso Robles Zoning Code 8-35
Table 21.83.080-1:

Noise Standards for Outdoor Venues Generating Amplified Music or Speech Venue
Table 21.83.060-1
Standards
Applicable?
Mixing Booth6
Target Levels, dBA1,2 Footnotes

21.83.080-1 standards by
project-specific noise
analysis
Notes:

1. Leq = Average or "Equivalent" noise level. Represents the energy average of all noise occurring during a given period (typically 1 hour).

2. Lmax = Highest measured sound level occurring during a given interval of time (Typically 1 hour).

3. Operations of the Mid-State Fairgrounds are not subject to control by the City of Paso Robles. As a result, the mixing booth sound levels are identified as voluntary for this venue. It should be noted, however, that measurements of concert sound at this venue indicated substantial conformity to the mixing booth target levels.

4. Studies have shown that compliance with the mixing booth sound target levels has resulted in compliance with the Table 21.83.080-1 (Noise Standards for Outdoor Venues Generating Amplified Music or Speech) noise standards at the nearest sensitive receptors during events at the Vina Robles Amphitheater.

5. Concerts related to events held at the Downtown City Park are subject to obtaining a permit from the city and are exempt from the provisions of this Noise Element provided they adhere to the city permit conditions.

6. The mixing booth location is generally defined as being approximately 100 feet in front of the stage, but this location can vary by venue.

21.83.090. PROHIBITED NOISE DISTURBANCES
Notwithstanding any of the provisions of this Chapter, including full compliance with Table 21.83.060-1 (Exterior Noise Standards for Locally Regulated [Non-Transportation] Noise Sources) and Table 21.83.080-1 (Noise Standards for Outdoor Venues Generating Amplified Music or Speech), the following acts are prohibited within the City, subject to the exceptions cited in this Chapter:

A. Radio, Television Sets, Musical Instruments, and Similar Devices. Operating, playing, or permitting the operation or playing of any radio, stereo, television set, audio equipment, electronic equipment, drum, musical instrument, or device which produces or reproduces sound at any time of day plainly audible over background ambient conditions at a distance of 100 feet from such device. This Section does not apply to places of public entertainment or to events for which a lawful permit has been obtained, provided that the activities producing sound are being conducted in compliance the permit.

B. Animals. The keeping of any animal or bird, as pet or livestock, which causes noise so loud, so frequently, and continued over so long a period as to deprive persons residing in 2 or more separate residences in the neighborhood of the comfortable enjoyment of their home. For the purposes of this Subsection, the animal noise shall not be deemed a disturbance or nuisance if the noise is in response to a person trespassing or threatening to trespass upon private property in or upon which the animal is situated or if the noise is in response to someone teasing or provoking the animal.

C. Private Alarm Systems. Sounding or permitting the sounding of any exterior burglar or fire alarm or any motor vehicle burglar alarm unless such alarm is terminated within 5 minutes of activation.

D. Loading and Unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects between the hours of 9:00 P.M. and 6:00 A.M. in such a manner as to cause a noise disturbance within a noise-sensitive area.

Article 8 Environmental Standards
Paso Robles Zoning Code 8-36
E. Private Parties. Any noise, commotion or sound resulting from a party between the hours 10:00 P.M. and 7:00 A.M. Sunday through Thursday and 12:00 A.M. and 7:00 A.M. Friday and Saturday that creates sound determined by either code enforcement of City peace officers to be excessive for the time and location, or determined to be in violation of the Table 28.83.060-1 (Exterior Noise Standards for Locally Regulated [NonTransportation] Noise Sources) standards of this Chapter. For purposes of this Section, "party" means a gathering for social or entertainment purposes at a private residence or other location but does not include sound generated by a valid commercial use such as a bar or restaurant that is in compliance with all other applicable requirements of local regulations.

F. Vibration. Operating or permitting the operation of any device that creates a vibration which is above the vibration perception threshold of an individual at any sensitive location if the source is on private property or at 150 feet from the source if on a public space or public right-of-way.

21.83.100. EXEMPTIONS
The following sources of noise shall be exempt from the provisions of this Chapter:

A. Emergency warning devices and equipment operated in conjunction with emergency situations, such as sirens and emergency generators that are activated during power outages. The routine testing of such warning devices and equipment, including generators, is also exempt provided such testing occurs during daytime hours.

B. All activities occurring at public schools and public school playgrounds and sporting fields, as such activities are not regulated at the local level.

C. Activities at private schools, parks, or playgrounds, provided such activities occur during daytime hours (7:00 A.M. to 10:00 P.M.).

D. Activities associated with special events approved by the City.

E. Construction and demolition activities located within 1,000 feet of noise-sensitive land uses provided they occur during normal daytime hours, excluding Sundays and federal holidays, subject to the conditions imposed by City permit. For construction activities, daytime hours are defined as 7:00 A.M. to 7:00 P.M.

Construction activities occurring between the hours of 7:00 P.M. and 7:00 A.M. must comply with the interior noise level standards identified in Table 21.83.060-1 (Exterior Noise Standards for Locally Regulated [NonTransportation] Noise Sources) unless an exception has been granted by the Department. An exception for concrete pours or other construction activities requiring an early morning start time may be authorized by the Zoning Administrator.

F. Construction and demolition activities located beyond 1,000 feet of noise-sensitive land uses, subject to the conditions imposed by City permit. For construction activities, daytime hours are defined as 7:00 A.M. to 7:00 P.M.

G. When an unforeseen or unavoidable condition occurs during a construction project and the nature of the project necessitates that work in process be continued until a specific phase is completed, the contractor or owner shall be allowed to continue work outside of the hours delineated above and to operate machinery and equipment necessary until completion of the specific work in progress can be brought to conclusion under conditions which will not jeopardize inspection acceptance or create undue financial hardships for the contractor or owner.

H. In the event of an emergency involving agricultural activities that requires prompt action to protect crops or equipment, the City can exempt noise generated by such action from the provisions of this Chapter.

Article 8 Environmental Standards
Paso Robles Zoning Code 8-37
I. Noise sources associated with agricultural operations in zones permitting agricultural uses.

J. Noise sources associated with maintenance of residential area property, provided said activities take place between the hours of 7:00 A.M. and 8:00 P.M. on any day except Saturday or Sunday, or between the hours of 9:00 A.M. and 5:00 P.M. on Saturday or Sunday. Otherwise, the noise standards of Table 21.83.060-1 (Exterior Noise Standards for Locally Regulated [Non-Transportation] Noise Sources) shall apply.

K. Noise generated by persons authorized to engage in waste disposal service or garbage collection, including any truck-mounted waste or garbage loading and/or composting equipment, or similar mechanical device.

21.83.110. ADMINISTRATION
The Zoning Administrator shall be responsible for:

A. Employing individuals trained in acoustical engineering or an equivalent field to assist the Zoning Administrator in the administration of this Chapter;
B. Training field inspectors;
C. Procuring measuring instruments and training inspectors in their calibration and operation; D. Conducting a public education program in all aspects of noise control; and E. Coordinating the noise ordinance with other governmental agencies.

21.83.120. MODIFICATION TO NOISE STANDARDS
A. General. Modifications to noise standards may be allowed through a Development Plan Modification (Section 21.16.020). An application for a Development Plan Modification (Section 21.16.020) shall set forth all actions taken to comply with this Chapter, the reasons why immediate compliance cannot be achieved, a proposed method for achieving compliance, and a proposed time schedule for its accomplishment.

B. Findings and Decision.

1. Decision and Conditions. The Planning Commission may grant or deny the application for a Development Plan Modification to noise standards. If approved, the Modification may be for a limited period and may be subject to any other terms, conditions, and requirements as the Planning Commission may deem reasonable to achieve maximum compliance with the provisions of this Chapter. Such terms, conditions and requirements may include, but shall not be limited to, limitations on noise levels and operating hours.

2. Findings. In addition to the findings of Subsection 21.16.020.D for a Development Plan Modification, in deciding whether to grant a Modification, the review authority shall consider all facts relating to whether strict compliance with the requirement of this Chapter will cause practical difficulties, unnecessary hardship or unreasonable expense and any other relevant considerations including, but not limited to, the fact that a noise generator in question commenced operations prior to the existence of a noise-sensitive use affected by noise from such facility. The review authority shall consider the magnitude of nuisance caused by the offensive noise, the uses of property within the area affected by the noise, the time factors related to study, design, financing and construction of remedial work, the economic factors related to age and useful life of equipment, and the general public interest and welfare.

Article 8 Environmental Standards
Paso Robles Zoning Code 8-38

21.83.130. VIOLATION
The City will review the complaint and may investigate and assess whether the alleged noise levels exceed the noise standards set forth in this Chapter. If the City has reason to believe that any provision(s) of this Chapter has been violated, they may cause written notice to be served upon the alleged violator. Such notice shall specify the provision(s) of this Chapter alleged to have been violated and the facts alleged to constitute a violation, including dBA readings noted and the time and place of their detection, and shall include an order that corrective action be taken within a specified time. If corrective action is not taken within such specified time or any extension thereof approved by the Department, upon conviction, the violation shall constitute enforcement consistent with Title 1 (General Provisions) of this Code.

21.83.140. OTHER REMEDIES
A. Provisions of this Chapter are to be construed as an added remedy of abatement of the public nuisance declared and not in conflict or derogation of any other action, proceedings, or remedies provided by law.

B. Any violation of the provisions of this Chapter shall be, and the same is declared to be unlawful and a public nuisance, and the duly constituted authorities of the City shall, upon order of the City Council, immediately commence actions or proceedings for the abatement or enjoinment thereof in the manner provided by law and shall take such steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate such nuisance.

CHAPTER 21.84. OAK TREE PRESERVATION
Oak tree preservation standards shall be as provided in Chapter 10.01 (Oak Tree Preservation)..

CHAPTER 21.85. PERFORMANCE STANDARDS - GENERAL

21.85.010. PURPOSE AND APPLICABILITY
A. Purpose. This Chapter establishes performance standards intended to guard against the use of any property or structure in any zoning district in any manner which would create any dangerous, injurious, noxious, or otherwise objectionable condition or element that adversely affects the health and safety of residents, the community, and the surrounding area and adjoining premises.

B. Applicability. The minimum requirements in this Chapter apply to all land uses in all zoning districts, unless otherwise specified.

21.85.020. GENERAL PERFORMANCE STANDARDS FOR ALL USES
A. General Standard. Land and buildings shall not be used or occupied in a manner creating any dangerous, injurious, or noxious fire, explosive, or other hazard that would adversely affect the surrounding area.

B. Measurement of Impacts. Measurements necessary for determining compliance with the performance standards of this Chapter shall be taken at the property line of the establishment or use that is the source of a potentially objectionable condition, hazard, or nuisance.

C. Fire and Explosion Hazards. All activities involving and all storage of inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and adequate

Article 8 Environmental Standards
Paso Robles Zoning Code 8-39
firefighting and fire-suppression equipment and devices standard in industry and as approved by the Fire Department. All incineration of inflammable and explosive materials is prohibited.

D. Radioactivity or Electrical Disturbance. Devices which radiate radio-frequency energy shall be operated in a manner that does not cause interference with any activity carried on beyond the boundary line of the property upon which the device is located. Further, no radiation of any kind shall be emitted which is dangerous to humans. All radio transmissions shall occur in full compliance with Federal Communications Commission (FCC) and other applicable regulations.

E. Vibration. No vibration shall be produced that is transmitted through the ground and is discernible without the aid of instruments by a reasonable person at the lot lines of the site. Vibrations from temporary construction, demolition, and vehicles that enter and leave the subject parcel (for example, construction equipment, trains, trucks, etc.) are exempt from this standard. Where vibration dampeners are proposed, project applications shall include an engineered study establishing the effectiveness of the dampeners based on actual conditions.

F. Smoke. No emission shall be permitted at any point which would constitute a violation of standards established by the San Luis Obispo County Air Pollution Control District (APCD).

G. Odors. Except for fireplaces and barbecues, no emission shall be permitted of odorous gases or other odorous matter in such quantities as to constitute a public nuisance.

H. Fly Ash, Dust, Fumes, Vapors, Gases and Other Forms of Air Pollution. No emission shall be permitted which can cause damage to health, animals, vegetations or other forms of property, or which can cause any excessive soiling at any point. No emissions shall be permitted in excess of the standards established by the San Luis Obispo County Air Pollution Control District (APCD).

I. Glare. No direct glare, whether produced by floodlight, high-temperature processes such as combustion or welding or other processes, so as to be visible from any boundary line of the property on which the same is produced shall be permitted. Sky-reflected glare from buildings or portions thereof shall be so controlled by reasonable means as are practical to the end that said sky-reflected glare will not inconvenience or annoy persons or interfere with the use and enjoyment of property in and about the area where it occurs. See also Chapter 21.82 (Lighting and Illumination).

J. Liquid or Solid Wastes. No discharge shall be permitted at any point into any public sewer, private sewage disposal system or stream, or into the ground, of any materials of such nature or temperature as can contaminate any water supply, interfere with bacterial processes in sewage treatment, or otherwise cause the emission of dangerous or offensive elements, except in accord with standards approved by the California Department of Health or such other governmental agency as shall have jurisdiction over such activities. Manufacturing, processing, treatment and other activities involving use of toxic or hazardous materials shall be designed to incorporate the best available control technologies and wherever technically feasible shall employ a "closed loop" system of containment.

K. Transportation Systems Impacts. Vehicular, bikeway and/or pedestrian traffic, directly attributable to the proposed land use, shall not increase to a significant extent without implementation of adequate mitigation measures in a form to be approved by the City Engineer. In determining significance of impacts, consideration shall be given to cumulative (projected build-out) capacity of streets and highways serving the land use. Mitigation measures required may include but not be limited to curb, gutter, sidewalk, street and/or alley, bikeway, transit related improvements and traffic signalization. Mitigation may be required as pursuant to the California Environmental Quality Act (CEQA), or as a condition of a discretionary review.

Article 8 Environmental Standards
Paso Robles Zoning Code 8-40
CHAPTER 21.86. SURFACE MINING AND RECLAMATION

21.86.010. PURPOSE
A. This Chapter is adopted pursuant to Section 2710 et seq. of the California Public Resources Code (Surface Mining and Reclamation Act of 1975), and to that end, the City Council finds and declares that:

1. Mineral extraction is essential to the continued economic well-being of the City and to the needs of the society, and that the reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety.

2. Reclamation of mined lands as provided in this Chapter will permit the continued mining of minerals and will provide for the protection and subsequent beneficial use of the mined and reclaimed land.

3. Surface mining takes place in diverse areas where the geologic, topographic, climatic, biological, and social conditions are significantly different and that reclamation operations and the specifications therefore may vary accordingly.

B. The City is the lead agency for enforcing the State Surface Mining and Reclamation Act of 1975 (SMARA) regulations on all mining operations in the City, and is required to annually inspect each mining operation, ensure adequate financial assurances are secured for reclamation, and oversee mining and reclamation activities to the goals of the SMARA.

C. It is the intent of the City to create and maintain an effective and comprehensive surface mining and reclamation policy to ensure that:

1. Adverse environmental effects are prevented or minimized and that mined lands are reclaimed to a usable condition that is readily adaptable for alternate land uses.

2. The production and conservation of minerals are encouraged while giving consideration to values relating to recreation, watershed, wildlife, range and forage, and aesthetic enjoyment.

3. Residual hazards to the public health and safety are eliminated.

21.86.020. APPLICABILITY
A. The provisions of this Chapter shall apply to surface mining operations on public and private lands in the City, except as exempted in Subsection 21.86.020.B. Any applicable exemption does not automatically exempt a project or activity from the application of other regulations, ordinances, or policies of the City, including the application of the California Environmental Quality Act (CEQA), the requirement of a Conditional Use Permit (CUP), the payment of development impact fees, or the imposition of other dedications and exactions as may be permitted under the law.

B. The provisions of this Chapter are not applicable to:

1. Excavations or grading conducted for farming or for the purpose of restoring land following a flood or natural disaster.

2. Onsite excavation and earthmoving activities that are an integral and necessary part of a construction project that are undertaken to prepare a site for construction of structures, including the related excavation, grading, compaction, or the creation of fills, road cuts, and embankments,

Article 8 Environmental Standards
Paso Robles Zoning Code 8-41
provided all required permits for the improvements have been approved by the City in accordance with applicable provisions of State law and City plans and ordinances, including, but not limited to, the California Environmental Quality Act (CEQA), as specified in California Public Resources Code Section 2714(b)(1)-(4).

3. Operation of a mineral processing site, including associated on-site structures, equipment, machines, tools, or other materials, including onsite stockpiling and onsite recovery of mined materials, subject to all of the following conditions:
a. The plant site is located on lands appropriately designated in the General Plan and zoned for mineral processing;
b. None of the minerals being processed are extracted on-site; and c. All reclamation work has been completed pursuant to the approved reclamation plan for any mineral extraction activities that occurred on-site after January 1, 1976.

4. Prospecting for and extraction of minerals for commercial purpose and the removal of overburden where total amounts are less than 1,000 cubic yards in any 1 location of 1 acre or less.

5. Surface mining operations that are required by Federal law in order to protect a mining claim, if such operations are conducted solely for that purpose.

6. Any other mining operations that the Stale Mining and Geology Board determines to be of an infrequent nature, and which involve only minor surface disturbances.

7. Surface mining operations and emergency excavations or grading conducted by the California Department of Water Resources or the Reclamation Board as specified in California Public Resources Code Section 2714(i)(1).

8. Excavations or grading for the exclusive purpose of obtaining materials for roadbed construction and maintenance conducted in connection with timber operations or forest management on land owned by the same person or entity. This exemption is limited to excavation and grading that is conducted adjacent to timber operation or forest management roads and shall not apply to on-site excavation or grading that occurs within 100 feet of a Class One watercourse or 75 feet of a Class Two watercourse, or to excavation for materials that are, or have been, sold for commercial purposes. This exemption shall be available only if slope stability and erosion are controlled in accordance with subdivision (f) of Section 3704 and subdivision (d) of Section 3706 of Title 14 of the California Code of Regulations (CCR) and, upon closure of the site, the person closing the site implements, where necessary, revegetation measures and post closure uses in consultation with the California Department of Forestry and Fire Protection.

9. Excavations, grading, or other earthmoving activities in an oil or gas field that are integral to and necessary for ongoing operations for the extraction of oil and gas as specified in California Public Resources Code Section 2714(l).

10. The immediate excavation or grading of lands affected by a natural disaster for the purpose of restoring those lands to their prior condition.

Article 8 Environmental Standards
Paso Robles Zoning Code 8-42

21.86.030. DEFINITIONS
A. “Idle” means that an operator of a surface mining operation has curtailed production at the surface mining operation with the intent to resume the surface mining operation at a future date, for a period of 12 months or more by more than 90 percent of its maximum annual mineral production within any of the last 5 years during which an interim management plan has not been approved.

B. “Surface mining” means the mining of minerals on lands by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incident to an underground mine. Surface mining operations shall include, but are not limited to, in-place distillation or retorting or leaching; the production and disposal of mining waste; and prospecting and exploratory activities.

C. “Operator” means any person who is engaged in surface mining operations, or who contracts with others to conduct operations on his/her behalf, except a person who is engaged in surface mining operations as an employee with wages as his sole compensation.

D. “Overburden” means soil, rock, or other materials that lie above a natural mineral deposit or in between mineral deposits, before or after their removal by surface mining operations.

E. “Supervisor of Mine Reclamation” means the director of the Division of Mine Reclamation of the California Department of Conservation.

21.86.040. INCORPORATION OF SMARA AND OTHER STATE REGULATIONS The provisions of the SMARA (California Public Resources Code, Division 2, Chapter 9, Section 2710 et seq.), California Public Resources Code Section 2207, and the California Code of Regulations Section 3500 et seq.,) as those provisions may be amended from time to time, are made a part of this Chapter by reference with the same force and effect as if the provisions therein were specifically and fully set out herein, excepting that when the provisions of this Chapter are more restrictive than correlative State provisions, this Chapter shall prevail.

21.86.050. MINERAL RESOURCE MANAGEMENT POLICIES
California Public Resources Code Sections 2762, 2763 and 2764 and Chapter 14 California Code of Regulations Section 3676, and subsequent amendments regarding mineral classification studies and General Plan resource management policies are incorporated into this Chapter.

21.86.060. VESTED RIGHTS
A. No person who obtained a vested right to conduct surface mining operations prior to January 1, 1976, shall be required to secure a permit to mine, so long as the vested right continues and as long as no substantial changes have been made in the operation except in accordance with SMARA, State regulations, and this Chapter. Where a person with vested rights has continued surface mining in the same area subsequent to January 1, 1976, that person shall obtain City approval of a reclamation plan covering the mined lands disturbed by such subsequent surface mining. In those cases where an overlap exists (in the horizontal and/or vertical sense) between pre- and post-SMARA mining, the reclamation plan, shall call for reclamation proportional to that disturbance caused by the mining after the effective date of the SMARA (January 1, 1976).

B. All other requirements of State law and this Chapter shall apply to vested mining operations.

Article 8 Environmental Standards
Paso Robles Zoning Code 8-43

21.86.070. REQUIRED PERMIT AND APPROVALS
A. A Conditional Use Permit (CUP) shall be required for a surface mining operation that is determined not to be vested pursuant to Section 21.86.060 (Vested Rights), and shall be required for the expansion of a surface mining operation beyond the boundaries of the vested area.

B. Except as provided in this Chapter, no person shall conduct surface mining operations unless a reclamation plan has been submitted to and approved by, and financial assurances for reclamation have been approved by, the City.

21.86.080. PROCESS
A. Applications for a Conditional Use Permit or reclamation plan for surface mining or land reclamation projects shall be made on forms provided by the Zoning Administrator and shall be submitted together in a single application. The forms for a reclamation plan application shall require, at a minimum, each of the elements required by the California Public Resources Code Sections 2772 and 2773, Article 1 (commencing with Section 3500), Article 9 (commencing with Section 3700) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations, as applicable, and any other requirements determined necessary to facilitate an expeditious and fair evaluation of the proposed reclamation plan, to be established at the discretion of the Zoning Administrator.

B. Within 30 days of determination of completeness of an application for a Conditional Use Permit for surface mining operations and/or a reclamation plan as complete, the Community Development Department shall submit the reclamation plan to the Supervisor of Mine Reclamation for review and certify to the Supervisor of Mine Reclamation that the reclamation plan is a complete submission that is consistent with this Chapter, the SMARA, Article 1 (commencing with Section 3500) and Article 9 (commencing with Section 3700) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations, as applicable. The Supervisor shall have 30 days from the receipt of the reclamation plan to notify the City and operator if the submission does not meet the content requirements of California Public Resources Code Sections 2772, 2773, and 2773.3 and Article 1 (commencing with Section 3500) and Article 9 (commencing with Section 3700) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations, as applicable, and is incomplete.

C. The Supervisor of Mine Reclamation shall have 30 days after the date of receipt of the reclamation plan to notify the City if the submission is incomplete and to prepare written comments on the reclamation plan if the Supervisor chooses. The Community Development Department shall prepare a written response to the Supervisor’s comments received describing the major issues raised by the comments. The Community Development Department shall submit its response to the Supervisor at least 30 days prior to the intended approval of the reclamation plan. The Community Development Department’s response shall either describe how the City proposes to adopt the Supervisor’s comments on the reclamation plan, or describe in detail the reasons why the City proposes not to adopt the Supervisor’s comments. The Community Development Department shall promptly forward any written comments received and responses prepared by the Community Development Department to the operator.

D. Whenever mining operations are proposed in the 100-year flood plain of any stream, as shown in Zone A of the Flood Insurance Rate Maps issued by the Federal Emergency Management Agency, and within 1 mile, upstream or downstream, of any State highway bridge, the Community Development Department shall notify the State Department of Transportation that an application has been received. The Department of Transportation shall have a period of not more than 45 days to review and comment on the proposed surface mining operations, and the City shall not issue or renew the permit until the Department of

Article 8 Environmental Standards
Paso Robles Zoning Code 8-44
Transportation has submitted its comments or until 45 days from the date the application for the permit was submitted, whichever occurs first.

E. The Community Development Department shall process the application through environmental review pursuant to the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines.

F. Subsequent to the appropriate environmental review, the Community Development Department shall prepare a staff report with recommendations for consideration by the Planning Commission, which incorporates input from any other affected department or agency.

G. The City shall give the Supervisor of Mine Reclamation at least 30 days written notice of the time, place, and date of the hearing at which the reclamation plan is scheduled to be approved by the City, or, if no hearing is required, the City shall provide 30 days written notice to the Supervisor that the City intends to approve the reclamation plan.

H. The Planning Commission shall hold at least 1 noticed public hearing on the Conditional Use Permit and/or reclamation plan.

I. The City’s review of reclamation plans is limited to whether the plan substantially meets the applicable requirements of California Public Resources Code Sections 2772, 2773.3 and Article 1 (commencing with Section 3500), Article 9 (commencing with Section 3700) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations, as applicable, and this Chapter adopted pursuant to California Public Resources Code Section 2774(a)). Reclamation plans determined to substantially meet these requirements shall be approved by the City for the purposes of this Chapter.

J. The Planning Commission shall then take action to approve, conditionally approve, or deny the Conditional Use Permit and/or reclamation plan, except where pre-empted by the California Public Resources Code.

The Planning Commission's action shall be final, subject to appeal as provided in Chapter 21.25 (Appeals and Calls for Review).

K. If a Conditional Use Permit is being processed concurrently with the reclamation plan, the Planning Commission may also conceptually approve the Conditional Use Permit at this time. However, the Planning Commission may defer action on the Conditional Use Permit until taking final action on the reclamation plan.

If necessary to comply with permit processing deadlines, the Planning Commission may conditionally approve the Conditional Use Permit with the condition the Community Development Department shall not release the mining operation for occupancy until financial assurances have been reviewed by the Supervisor of Mine Reclamation and final action has been taken on the reclamation plan.

L. Within 30 days following the approval of the reclamation plan, the City shall provide the Supervisor of Mine Reclamation notice of the reclamation plan and Conditional Use Permit approval. The City shall provide as soon as practicable, but no later than 60 days after approval of the reclamation plan, certified copies of all maps, diagrams, or calculations, signed and sealed.

M. No later than 60 days after the approval of the reclamation plan, the City shall provide to the Supervisor of Mine Reclamation an official copy of the approved reclamation plan. The official copy shall incorporate all approved modifications to the reclamation plan and shall include an index showing any permit conditions or approval or binding mitigation measures adopted or certified pursuant to CEQA that are necessary to meet the requirements of subdivision (c) of California Public Resources Code Section 2772, California Public Resources Code Sections 2773 and 2773.3, and Article 1 (commencing with Section 3500) and Article 9 (commencing with Section 3700) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations, as applicable. Those conditions of approval and mitigation measures shall be included

Article 8 Environmental Standards
Paso Robles Zoning Code 8-45
in an appendix to the reclamation and shall be considered part of the reclamation compliance requirements and subject to the annual inspection.

N. The City, upon approval of a reclamation plan or an amendment to a reclamation plan, shall record a “Notice of Reclamation Plan Approval” with the County recorder. The notice shall read: “Mining operations conducted on the hereinafter described real property are subject to a reclamation plan approved by the City of El Paso de Robles, a copy of which is on file with the City Clerk.” The notice shall also include the name of the owner of record of the mine operation, the name of the City, and the acknowledged signature of the City representative. A copy of the final approved reclamation plan shall be kept on the mining site at all times.

21.86.090. FINDINGS FOR APPROVAL
In addition to findings for the approval of Conditional Use Permits (Section 21.19.050), approval for surface mining operations shall include a finding that the project complies with the provisions of State law and regulations.

A. For reclamation plans, the following findings shall be made by the reviewing authority prior to approval:

1. The reclamation plan and goals and potential use of reclaimed land pursuant to the plan are consistent with this Chapter, the City's General Plan, and zoning for the area.

2. The reclamation plan complies with the purpose, intent, and requirements of this Chapter.

3. The project has been reviewed pursuant to CEQA, all adverse impacts related to the reclamation plan have been mitigated by the plan and/or the recommended condition(s) of approval, and the appropriate environmental determination has been adopted.

4. The reclamation plan complies with the requirements of the State Surface Mining and Reclamation Act of 1975, specifically California Public Resources Code Sections 2772 and 2773, and the Reclamation Standards specified in California Code of Regulations Title 14, Division 2, Chapter 8, Subchapter 1, Article 9, Sections 3700 through 3713.

5. The reclamation plan has been forwarded to the Supervisor of Mine Reclamation, as prescribed in this Chapter, and in accordance with California Public Resources Code Section 2772.1, including all applicable documentation required for submission as outlined in California Public Resources Code Section 2772.1.

6. Through implementation of the reclamation plan, all significant adverse impacts on lands to be reclaimed as a result of the surface mining operations are mitigated to the maximum extent feasible;

7. The land and/or resources to be reclaimed will be restored to a condition that is compatible with the surrounding environment;

8. The reclamation plan and potential use of reclaimed land pursuant to the plan are consistent with any applicable air quality and/or water quality resources plan and/or that suitable off-site development will compensate for related disturbances to resource values existing after reclamation is completed;

9. The reclamation plan will restore the mined lands to a usable condition which is adaptable for alternative land uses consistent with the general plan and any other applicable plan or element;

Article 8 Environmental Standards
Paso Robles Zoning Code 8-46

10. A written response to the Supervisor of Mine Reclamation has been prepared, describing the disposition of major issues regarding the reclamation plan raised by the Supervisor. Where the City's position is at variance with the recommendations and objections raised by the Supervisor, the City has prepared detailed responses regarding why specific comments and suggestions of the Supervisor were not accepted.

21.86.100. PHASING OF RECLAMATION
A. Reclamation activities shall be phased with respect to the phasing of the mining operation and shall be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance. Interim reclamation may also be required for mined lands that have been disturbed and will be disturbed again in future operations if it is determined to be necessary to ensure the success of final reclamation or for health and safety purposes. Reclamation may be done on an annual basis, or in stages compatible with continuing operations, or on completion of all excavation, removal, or fill as approved by the City. Each phase of reclamation shall be specifically described in the reclamation plan and shall include: the approximate length of time for completion of each phase; all reclamation activities required; criteria for measuring completion of specific reclamation activities; and estimated costs as provided in Section

21.84.110 (Financial Assurances). The reclamation schedule shall be approved as part of the reclamation plan pursuant to Section 21.86.080 (Process).

21.86.110. FINANCIAL ASSURANCES
In order to ensure that reclamation will proceed in accordance with the approved reclamation plan, the City shall require, as a conditional of approval, one or more forms of security which will be released upon satisfactory performance. The applicant shall post security in the form of a corporate surety bond executed by an admitted surety insurer as defined in subdivision (a) of Section 995.120 of the Code of Civil Procedure, trust fund, irrevocable letter of credit from an accredited financial institution, a certificate of time deposit as part of an approved trust fund, or other method acceptable to the City and the Department of Conservation as specified by the State Mining and Geology Board pursuant to California Public Resources Code Section 2773.1(e). Financial assurances shall be made payable to the City of El Paso de Robles and Department of Conservation. The financial assurances shall remain in effect for the duration of the surface mining operation and any additional period until reclamation is complete. The financial assurance cost estimates shall be submitted to the City for review on a form developed by the Supervisor of Mine Reclamation and approved by the State Mining and Geology Board.

Prior to approving the financial assurance cost estimate, the City shall submit the financial assurance cost estimate to the Supervisor of Mine Reclamation for review. No later than 15 days after receiving the estimate, the Supervisor shall notify the City and the operator if the submission is incomplete. An incomplete submission is one that does not meet the content requirements of Section 2773.1, Article 11 (commencing with Section 3800) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations, and the Mining and Geology Board’s financial assurance guidelines adopted pursuant to subdivision (f) of Section 2773.1. The Supervisor shall specifically identify all aspects of the submission that are incomplete and shall have 45 days from the date of receipt of the cost estimate to prepare written comments if the Supervisor chooses to provide written comments.

The City shall evaluate written comments received from the Supervisor of Mine Reclamation relating to the financial assurance cost estimate and submit written responses on the comments raised to the Supervisor at least 30 days prior to the approval of the financial assurance cost estimate. The City’s response shall include either a description of how the Community Development Department proposes to adopt the Supervisor’s comments on the cost estimate, or a detailed description of the reasons why the Community Development Department proposes to not adopt the Supervisor’s comments. Copies of the written comments received and responses prepared by the Community Development Department shall be provided to the operator.

Article 8 Environmental Standards
Paso Robles Zoning Code 8-47
If the Community Development Department proposes to not adopt the Supervisor of Mine Reclamation’s comments relating to the financial assurance cost estimate, the Supervisor may within 15 days of the City’s written response request in writing a consultation with the City to discuss the Supervisors comments and City’s responses, which shall occur not later than 30 days after the Supervisor’s request for consultation. If the Supervisor requests a consultation, the City shall not approve the financial assurance cost estimate until after consulting with the Supervisor.

A. The City shall give the Supervisor of Mine Reclamation at least 30 days notice of the time, place, and date of the hearing before the City at which time the financial assurance is scheduled to be approved by the City.

If no hearing is required, the City shall provide 30 days written notice to the Supervisor that it intends to approve the financial assurance. The City shall send to the Supervisor its final response to the Supervisor’s comments within 30 days following its approval of the financial assurance. Financial assurances shall be required to ensure compliance with elements of the reclamation plan including, but not limited to, revegetation and landscaping requirements; restoration of water bodies and water quality; slope stability and erosion and drainage control, disposal of hazardous materials; and other mitigation measures. Financial assurances for such elements of the reclamation plan shall be monitored by the Community Development Department.

B. Financial assurances shall not be released until written notification has been made by the Zoning Administrator to the mining operator and the Supervisor of Mine Reclamation that reclamation has been completed in accordance with the approved reclamation plan, and the Supervisor and City consent to the release of the financial assurance. The amount of financial assurances shall be based upon the estimated costs of reclamation for each year or phase stipulated in the reclamation plan, including any irrigation and maintenance of reclaimed areas as may be required. An operator shall be required to replace an approved financial assurance mechanism to bond for the reclamation of the surface mining operation only if the financial assurance cost estimate identifies a need to increase the amount of the financial assurance mechanism. Cost estimates shall be prepared by a licensed engineer and/or other qualified professionals retained by the operator; such estimates shall be approved by the Zoning Administrator. Financial assurances may be based upon estimates, including but not necessarily limited to, the volume of earth moved (cubic yards) for each year or phase of reclamation. Financial assurances to ensure compliance with revegetation, restoration of wildlife habitat, and any other applicable element of the reclamation plan shall be based upon cost estimates that include but may not be limited to labor, equipment, materials, mobilization of equipment, administration, and reasonable profit by a commercial operator other than the permittee.

C. In projecting final costs of financial assurances, it shall be assumed without prejudice or insinuation that the surface mining operation could be abandoned by an operator and, consequently, the City or State may need to construct with a third-party commercial company for mobilization and reclamation on the site.

D. Where reclamation is accomplished in annual increments, the amount of financial assurances required for any 1 year shall be adjusted annually and shall be adequate to cover the full estimated costs for reclamation of any land projected to be in a disturbed condition from mining operation by the end of the following year.

The estimated costs shall be the amount required to complete the reclamation on all areas that will not be subject to further disturbance, and to provide interim reclamation, as necessary, for any partially excavated areas in accordance with the reclamation plan. Financial assurances for each year shall be released upon successful completion of reclamation (including any maintenance required) of all areas that will not be subject to further disturbance and upon the operator filing additional financial assurances for the succeeding year. Financial assurances for all subsequent years of the operation shall be handled in the same manner.

E. Financial assurances for reclamation that is accomplished in multiple-year phases shall be handled in the same manner as described for annual reclamation.

F. If a change of ownership occurs, the existing financial assurances remains in force until a replacement financial assurance is approved by the City.

Article 8 Environmental Standards
Paso Robles Zoning Code 8-48

21.86.120. INTERIM MANAGEMENT PLANS
A. Within 90 days of a surface mining operation becoming idle, the operator shall submit to the Community Development Department an interim management plan. The interim management plan shall fully comply with requirements of California Public Resources Code Section 2770(h) and shall provide measures the operator will implement to maintain the site in compliance with SMARA, including, but not limited to, all conditions of the Conditional Use Permit and/or reclamation plan approval. The interim management plan shall be processed as a minor revision to the reclamation plan pursuant to Section 21.86.150 (Revisions to Reclamation Plans), and shall not be considered a project for the purposes of CEQA. The interim management plan shall only provide for the necessary measures the operator will implement during its idle status to maintain the site in compliance with the SMARA, including, but not limited to, all permit conditions.

B. The financial assurances required by Section 21.86.110 (Financial Assurances) shall remain in effect during the period that the surface mining operation is idle. If the operation is still idle after the expiration of its interim management plan, the operator shall commence reclamation in accordance with its approved reclamation plan.

C. Within 45 days of receipt of the interim management plan, the City shall review the interim management plan and determine if it is consistent with this Chapter. If the interim management plan is consistent, the City shall forward the plan to the Supervisor of Mine Reclamation for review and certify to the Supervisor of Mine Reclamation that the interim management plan is a complete submission that is consistent with this Chapter, Article 1 (commencing with Section 3500), and Article 9 (commencing with Section 3700) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations, as applicable. If the City determines that the interim management plan is inconsistent with this Chapter, the City shall notify the operator in writing of any deficiencies in the plan. The operator shall have 30 days, or a longer period mutually agreed upon by the operator and the City, to submit a revised interim management plan.

D. The Supervisor of Mine Reclamation shall have 30 days after receipt to prepare written comments on the interim management plan, if he/she so chooses. The City shall review and evaluate written comments received from the Supervisor related to the interim management plan, prepare a written response to the Supervisor’s comments describing the disposition of the major issues raised by the comments, and shall either:

1. Describe how the City proposes to adopt the Supervisor’s comments on the interim management plan; or

2. Prepare a detailed description of the reasons why the City proposes not to adopt the Supervisor’s comments. The City shall submit its response to the Supervisor and the operator at least 30 days prior to the intended approval of the interim management plan.

E. Where the Supervisor of Mine Reclamation has commented on the interim management plan, the City shall give the Supervisor at least 30 days written notice of the time, place, and date of the hearing at which the interim management plan is scheduled to be approved by the City, or, if no hearing is required, the City shall provide 30 days written notice to the Supervisor that the City intends to approve the new interim management plan.

F. Within 30 days following the approval of the interim management plan, the City shall provide the Supervisor notice of the approval and a copy of the approved interim management plan.

G. The Zoning Administrator shall approve or deny approval of the interim management plan pursuant to the process in Section 21.86.150 (Revisions to Reclamation Plans) within 60 days of receipt of the Supervisor’s comments or within 90 days of submitting the interim management plan to the Supervisor if no comments

Article 8 Environmental Standards
Paso Robles Zoning Code 8-49
are received from the Supervisor. If the City Zoning Administrator denies approval of the interim management plan, the operator may appeal that action to the Planning Commission, which shall schedule a public hearing within 45 days of the filing of the appeal or a longer period mutually agreed upon by the operator and the City.

H. Unless review of an interim management plan is pending before the City or an appeal is pending, a surface mining operation that remains idle for over 1 year after becoming idle without obtaining approval of an interim management plan shall be considered abandoned and the operator shall commence and complete reclamation in accordance with the approved reclamation plan.

I. Financial assurances for idle operations shall be continued as addressed in the reclamation plan or as otherwise approved through the idle mine's interim management plan.

J. The interim management plan may remain in effect for a period not to exceed 5 years, at which time the Planning Commission may either:

1. Renew the plan for another period not to exceed 5 years which may be renewed for 1 other 5-year period at the expiration of the first 5-year renewal period, if the City finds the operator has complied fully with the interim management plan, or

2. Require the operator to commence reclamation in accordance with its approved reclamation plan.

21.86.130. ANNUAL REPORT REQUIREMENTS
A. The owner of a surface mining operation shall forward to the Community Development Department and the Supervisor of Mine Reclamation an annual report not later than a date established by the Supervisor, upon forms approved by the State Mining and Geology Board, which shall include all items provided in California Public Resources Code Section 2207(a)(1) through (16).

B. New mining operations shall file an initial surface mining report and any applicable filing fees with the Supervisor of Mine Reclamation within 30 days of permit approval, or before commencement of operations, whichever is sooner.

C. Any applicable fees, together with a copy of the annual inspection report, shall be forwarded to the Supervisor of Mine Reclamation at the time of filing the annual surface mining report.

21.86.140. INSPECTIONS
A. The Community Development Department shall arrange for inspection of a surface mining operation within 6 months of receipt of the annual report required in Section 21.86.130 (Annual Report Requirements) to determine whether the surface mining operation is in compliance with the approved site approval and/or reclamation plan, approved financial assurances, and State regulations.

B. In no event shall more than 1 inspection be conducted in any 12-month period. The inspections may be made by a State-registered geologist, State-licensed civil engineer, State-licensed landscape architect, State-registered forester, or other qualified specialist who has not been employed by the mining operation in any capacity during the previous 12 months, as selected by the Community Development Department. All inspections shall be conducted using a form developed by the Division of Mine Reclamation and approved by the State Mining and Geology Board that includes the professional licensing and disciplinary information of the person who conducted the inspection. The Community Development Department shall notify the Supervisor of Mine Reclamation within 90 days of completion of the inspection. The notice shall contain a statement regarding the surface mining operation’s compliance with the SMARA and a copy of the

Article 8 Environmental Standards
Paso Robles Zoning Code 8-50
completed inspection form, and shall specify the items listed in California Public Resources Code Section 2774(b)(A) through (D). The City shall forward to the operator a copy of the notice, a copy of the completed inspection form, and any supporting documentation, including any inspection report prepared by the inspector. The operator shall be solely responsible for the reasonable cost of such inspection.

21.86.150. REVISIONS TO RECLAMATION PLANS
A. Revisions to Approved Plans. Requests for revisions of approved reclamation plans shall be processed in the same manner as original applications for reclamation plan reviews pursuant to Section 21.86.080 (Process) unless they are determined to be minor modifications.

B. Minor Revisions to Approved Plans. Applications for minor revisions may be submitted for review by the review authority in connection with the following, as long as it is not in incompatible with existing conditions and/or plans:

1. To allow the minor recontouring of final topography, providing slope stability is maintained and substantiated, affecting no more than 10 percent of the site;

2. To allow minor modification or addition of site access;

3. To allow a minor substitution in the reclamation plan, provided it does not substantially alter the intended end use described in the approved reclamation plan;

4. To allow minor technological and/or administrative changes in methods used to achieve reclamation;

5. To allow measures to be taken that will ensure and/or maintain public safety (such as fences, gates, signs or hazard removal), provided it does not substantially alter the intended end use described in the approved reclamation plan;

6. To allow minor modifications to a previously approved phasing plan; and/or

7. To allow interim management plans.

21.86.160. VIOLATIONS AND PENALTIES
If the Community Development Department, based upon an annual inspection or otherwise confirmed by an inspection of the mining operation, determines that a surface operation is not in compliance with this Chapter, the applicable permit and/or the reclamation plan, the City may follow the administrative procedures set forth in California Public Resources Code Sections 2774.1 and 2774.2 concerning violations and penalties, including penalties assessed for late reporting pursuant to California Public Resources Code Section 2207; however, such remedy is in addition to all of the provisions and remedies of this Code, State law, and any law cognizable at common law or in equity, and nothing in this Chapter shall be interpreted or construed to supersede or limit any and all other remedies, whether administrative, civil, or criminal.

21.86.170. FEES
The City shall establish such fees as it deems necessary to cover the reasonable costs incurred in implementing this Chapter and the State regulations, including but not limited to processing of applications, annual reports, inspections, monitoring, enforcement and compliance. Reasonable costs include, but are not limited to, the applicant paying the costs of hiring a third-party civil engineer to oversee compliance with the provisions of this Chapter.

Article 8 Environmental Standards
Paso Robles Zoning Code 8-51
CHAPTER 21.87. RESERVED
CHAPTER 21.88. RESERVED
CHAPTER 21.89. RESERVED

Article 9 Terms and Definitions
Paso Robles Zoning Code 9-i
Article 9: Terms and Definitions
9 x
Chapter 21.90. Purpose ............................................................................................................................ 9-1

21.90.010. Purpose and Applicability .................................................................................................. 9-1

21.90.020. Organization ...................................................................................................................... 9-1

21.90.030. Other Definition Sections................................................................................................... 9-1 Chapter 21.91. Land Use Definitions....................................................................................................... 9-2

21.91.010. General Land Use Classifications...................................................................................... 9-2

21.91.020. “A” Definitions .................................................................................................................... 9-2

21.91.030. “B” Definitions .................................................................................................................... 9-3

21.91.040. “C” Definitions.................................................................................................................... 9-3

21.91.050. “D” Definitions.................................................................................................................... 9-5

21.91.060. “E” Definitions .................................................................................................................... 9-5

21.91.070. “F” Definitions .................................................................................................................... 9-6

21.91.080. “G” Definitions.................................................................................................................... 9-6

21.91.090. “H” Definitions.................................................................................................................... 9-7

21.91.100. “I” Definitions ..................................................................................................................... 9-7

21.91.110. “J” Definitions..................................................................................................................... 9-7

21.91.120. “K” Definitions .................................................................................................................... 9-8

21.91.130. “L” Definitions .................................................................................................................... 9-8

21.91.140. “M” Definitions ................................................................................................................... 9-8

21.91.150. “N” Definitions.................................................................................................................... 9-9

21.91.160. “O” Definitions.................................................................................................................... 9-9

21.91.170. “P” Definitions .................................................................................................................... 9-9

21.91.180. “Q” Definitions...................................................................................................................9-10

21.91.190. “R” Definitions...................................................................................................................9-10

21.91.200. “S” Definitions ...................................................................................................................9-11

21.91.210. “T” Definitions ...................................................................................................................9-12

21.91.220. “U” Definitions...................................................................................................................9-13

21.91.230. “V” Definitions ...................................................................................................................9-13

21.91.240. “W” Definitions ..................................................................................................................9-14

21.91.250. “X” Definitions ...................................................................................................................9-14

21.91.260. “Y” Definitions ...................................................................................................................9-14

21.91.270. “Z” Definitions ...................................................................................................................9-14 Chapter 21.92. General Definitions.........................................................................................................9-15

21.92.010. “A” Definitions ...................................................................................................................9-15

21.92.020. “B” Definitions ...................................................................................................................9-16

Article 9 Terms and Definitions
Paso Robles Zoning Code 9-ii

21.92.030. “C” Definitions...................................................................................................................9-17

21.92.040. “D” Definitions...................................................................................................................9-18

21.92.050. “E” Definitions ...................................................................................................................9-19

21.92.060. “F” Definitions ...................................................................................................................9-20

21.92.070. “G” Definitions...................................................................................................................9-20

21.92.080. “H” Definitions...................................................................................................................9-21

21.92.090. “I” Definitions ....................................................................................................................9-22

21.92.100. “J” Definitions....................................................................................................................9-23

21.92.110. “K” Definitions ...................................................................................................................9-23

21.92.120. “L” Definitions ...................................................................................................................9-23

21.92.130. “M” Definitions ..................................................................................................................9-24

21.92.140. “N” Definitions...................................................................................................................9-25

21.92.150. “O” Definitions...................................................................................................................9-26

21.92.160. “P” Definitions ...................................................................................................................9-26

21.92.170. “Q” Definitions...................................................................................................................9-27

21.92.180. “R” Definitions...................................................................................................................9-27

21.92.190. “S” Definitions ...................................................................................................................9-28

21.92.200. “T” Definitions ...................................................................................................................9-30

21.92.210. “U” Definitions...................................................................................................................9-31

21.92.220. “V” Definitions ...................................................................................................................9-31

21.92.230. “W” Definitions ..................................................................................................................9-31

21.92.240. “X” Definitions ...................................................................................................................9-32

21.92.250. “Y” Definitions ...................................................................................................................9-32

21.92.260. “Z” Definitions ...................................................................................................................9-32

Article 9 Terms and Definitions
Paso Robles Zoning Code 9-1
CHAPTER 21.90. PURPOSE

21.90.010. PURPOSE AND APPLICABILITY
This article provides definitions of the technical and other terms and phrases used in this Title (Zoning Code) as a means of providing consistency in its interpretation. Where any definition in this article may conflict with definitions in other titles of the Municipal Code, these definitions shall prevail for the purposes of this Code, except as specified in Section 21.90.030 (Other Definition Sections). If a word is not defined in this chapter or in other provisions of the municipal code, the most common dictionary definition in the American Heritage Dictionary is presumed to be correct.

21.90.020. ORGANIZATION
This Article is subdivided into the following chapters:

A. Chapter 21.91 (Land Use Definitions) applies to land uses and activities identified in Table 21.32-1 (Zoning District Use Regulations) of Chapter 21.32 (Land Use Regulations in Zoning Districts) B. Chapter 21.92 (General Definitions) applies to all other terms used in Title 21 (Zoning Code).

21.90.030. OTHER DEFINITION SECTIONS
In addition to the definitions provided in this chapter, definitions are contained in the following sections of this Title.

Where any definition of this Article may conflict with definitions in other Titles of the Municipal Code, these definitions shall prevail, except in the Chapter in which they are located.

A. Section 21.58.020 of Chapter 21.58 (Accessory Dwelling Units) B. Section 21.59.020 of Chapter 21.59 (Adult Business Uses) C. Section 21.60.020 of Chapter 21.60 (Cannabis)
D. Section 21.64.020 of Chapter 21.64 (Short-Term Rentals) E. Section 21.52.020 of Chapter 21.52 (Signs)
F. Section 21.56.020 of Chapter 21.56 (Water Efficient Landscaping) G. Section 21.66.020 of Chapter 21.66 (Wireless Communications Facilities) H. Section 21.80.030 of Chapter 21.80 (Floodplain Management).

I. Section 21.81.030 of Chapter 21.81 (Hillside Development) J. Section 21.83.030 of Chapter 21.83 (Noise)
K. Section 21.86.030 of Chapter 21.86 (Surface Mining and Reclamation)

Article 9 Terms and Definitions
Paso Robles Zoning Code 9-2
CHAPTER 21.91. LAND USE DEFINITIONS

21.91.010. GENERAL LAND USE CLASSIFICATIONS
This Chapter provides definitions of the land uses and activities identified in Table 21.32-1 (Zoning District Use Regulations) of Chapter 21.32 (Land Use Regulations in Zoning Districts)

21.91.020. “A” DEFINITIONS
Accessory Dwelling Unit. Dwelling unit accessory to a primary dwelling unit with complete kitchen and bathroom for 1 or more persons regulated by California Government Code Sections 66310 – 66342 and Chapter 21.58 of this code.

Accessory Land Use. See “Use, Accessory” in General Definitions (Chapter 21.92).

Adult Entertainment Uses. See Chapter 21.59 (Adult Business Uses).

Airport, Landing Strip, Helicopter, Spaceport Operations. Supply of air terminal, airfield, spaceport (site used for launching and receiving spacecrafts), and other airport, helicopter, or spaceport infrastructure operation services on a fee or contract basis.

Amphitheaters/Stadiums. Outdoor assembly facility where groups of people gather for music, sporting, and similar events.

Assembly Facility - General (Large). A facility with 50,000 square feet or more where large groups of people gather for public or private meetings, such as convention centers. This classification includes functionally related facilities for the use of members and attendees such as kitchens, multi-purpose rooms, classrooms and storage. It does not include gymnasiums or other sports facilities uses that represent more than 20 percent of overall square footage, or facilities such as day care centers and schools that are separately classified and regulated.

Assembly Facility - General (Small). A facility with less than 50,000 square feet or more where small groups of people gather for public or private meetings, including community centers, banquet centers, civic and private auditoriums, union halls, meeting halls for clubs, and other membership organizations. This classification includes functionally related facilities for the use of members and attendees such as kitchens, multi-purpose rooms, classrooms and storage. It does not include gymnasiums or other sports facilities uses that represent more than 20 percent of overall square footage, or facilities such as day care centers and schools that are separately classified and regulated.

Assembly Facility - Religious. Any facility specifically designed and used to accommodate the gathering of persons for the purposes of fellowship, worship, or similar conduct of religious practices and activities. This definition includes functionally related internal facilities (i.e., kitchens, multi-purpose rooms, storage, etc.) and residences for clergy.

Other establishments maintained by religious organizations, including full-time educational institutions, hospitals and other related operations, are classified according to their respective activities.

Animal Keeping, Commercial. The commercial maintenance and caring for farm animals including bees, poultry, rabbits, sheep, goats, and cattle. See Section 21.69.040. Does not include “Equestrian Facilities”, which is defined separately. Animal Keeping that is accessory to a residential use is regulated by Section 21.69.050 (Animal Keeping, Commercial).

Auto Repair. See “Vehicle Services and Repair”.

Article 9 Terms and Definitions
Paso Robles Zoning Code 9-3

21.91.030. “B” DEFINITIONS
Bed and Breakfast Inn. A residential dwelling containing 3 to 5 bedrooms rented for compensation for an occupancy period of 30 consecutive calendar days or less. May include a permit issued by the County health department for food service (not constituting a restaurant operation providing for persons other than guests) and which may be used for special events only when special events are authorized by a Conditional Use Permit issued in compliance with this Code. See Chapter 21.69.060 (Bed and Breakfast Inns) for applicable regulations.

Boardinghouse. See “Communal Housing”.

Broadcasting Studios. An establishment containing 1 or more studios for over-the-air, cable or satellite delivery of radio or television programs, or studios for the audio or video recording or filming of musical performances, radio or television programs or motion pictures. Does not include “Wireless Communication Facilities”, which are defined separately.

Business, Retail. See “Retail - General”.

Business Support Services. Establishments providing goods and services to other businesses and individuals on a fee or contract basis, including printing and copying, advertising and mailing, office security, custodial services, photo finishing, including associated delivery services with 2 or fewer fleet vehicles on site.

Business, Wholesale. See “Warehousing, Wholesale, or Distribution”.

21.91.040. “C” DEFINITIONS
Camping. See “Rural Recreation and Camping”.

Car Wash. Washing, waxing, detailing, or cleaning of automobiles or similar light vehicles, including self-serve washing facilities as a primary use.

Cardrooms. Any building or structure, or any portion of a building or structure, or any premises or place where any person or persons are allowed to play commercial gambling card games as regulated by the California Gambling Control Act (Business and Professions Code Section 19800).

Caretaker Residence. A permanent dwelling unit that is secondary or accessory to a nonresidential use of the property and used for housing a caretaker employed on the site where needed for security purposes or to provide 24- hour care or monitoring of people, animals, equipment, or other conditions on the site.

Certified Farmers Markets and Year-Round Roadside Produce Stands. Open air markets or roadside produce stands, approved by the County Agricultural Commissioner and County Health Department, in which farmers sell their crops directly to the public. Certified Farmers Markets are generally conducted once weekly. To participate in these markets, farmers must obtain a certificate from the County Agricultural Commissioner verifying that they grow the items they sell. Does not include “Outdoor Temporary and/or Seasonal Sales”, which are defined separately.

Cemeteries. Land primarily used for interment of human remains.

Cocktail Lounges and Bars. Any establishment that sells or serves alcoholic beverages for consumption on the premises as the primary use. Includes establishments that may operate as a different use during portions of the day and as a cocktail lounge or bar during another portion of the day. Includes any connected area that is owned, leased,

Article 9 Terms and Definitions
Paso Robles Zoning Code 9-4
or rented, or controlled by the licensee. May include dancing and live amplified entertainment. Includes stand-alone tasting rooms where alcoholic beverages from multiple vendors are sold and consumed on-site. Does not include “Adult Entertainment Businesses”, or “Tasting Rooms”, which are defined separately.

Commercial Kitchen. A food establishment where food is stored, prepared, portioned, or packaged for service elsewhere, and from which vending vehicles selling food may be serviced.

Commercial Animal Keeping. See Animal Keeping, Commercial.

Commercial Recreation Facility - Indoor. Establishments providing indoor amusement and entertainment services for a fee or admission charge, including bowling alleys, coin-operated amusement arcades, dance halls, clubs and ballroom, electronic game arcades (video games, pinball, etc.), ice skating and roller skating, pool and billiard rooms as primary uses. Does not include “Adult Entertainment Uses”, “Cardrooms”, or “Theatres”, which are defined separately.

Commercial Recreation Facility - Outdoor. Establishments providing permanent outdoor amusement and entertainment services for a fee or admission charge, including amusement parks, golf courses, driving ranges, gocart courses, tennis courts, pools, and waterslides. Does not include “Amphitheaters”, “Hot Springs Resort/Spa”, “Temporary Uses” (e.g., Circuses, Carnivals, Fairs, Festivals and Concerts), or “Public Parks and Recreation Facilities”, which are defined separately.

Communal Housing. Shared living quarters without separate kitchen facilities for each room or unit, where 5 or more rooms or beds are rented individually to tenants under separate rental agreements, with or without meal service included. This classification includes convents and monasteries, rooming and boarding houses, dormitories, heavy cooperatives, and other types of organizational housing intended for long-term occupancy (more than 30 consecutive calendar days) but excludes transient occupancy uses, and “Residential Care Facilities”, “Supportive Housing”, and “Transitional Housing”, which are defined separately.

Composting, Green Waste Facility. A solid waste facility that utilizes a controlled biological process of degrading non-hazardous solid waste. A facility may include materials processing and hauling equipment; structures to control drainage; and structures to collect and treat leachate; and storage areas for the incoming waste, the final products, and residual materials.

Contracted Services. Establishments or places of business primarily engaged in construction and maintenance activities, such as plumbing, heating and air conditioning, janitorial, and pest extermination.

Crop Production and Processing. Raising and harvesting of plants, tree crops, row crops, or field crops on an agricultural or commercial basis, including packing and processing, but not cooking. Includes horticulture establishments engaged in the cultivation of flowers, fruits, vegetables, or ornamental trees and shrubs for wholesale and incidental retail sales. Excludes uses for which other garden, nursery or landscape merchandise are stored and sold on the site. This use classification excludes “Food and Kindred Products Processing” and “Wineries, Breweries and Distilleries”, which are defined separately.

Cultural Institutions. Institutions engaged primarily in the display or preservation of objects of interest in the arts or sciences that are open to the public on a regular basis. This classification includes buildings of an educational, charitable, or philanthropic nature; libraries; museums; historical sites; art galleries, and art studios for painters, sculptors, and other artists. This use classification excludes “Broadcasting Studios”, which is defined separately.

Article 9 Terms and Definitions
Paso Robles Zoning Code 9-5

21.91.050. “D” DEFINITIONS
Day Care Center. Establishments providing non-medical care for persons on a less than 24-hour basis other than “Family Day Care Home””. This classification includes nursery schools, preschools, and day care facilities for children or adults, and any other day care facility licensed by the State of California. Such use must comply with all applicable State regulations, and specifically those set forth in the California Health and Safety Code commencing with Section 1596.70, to be considered a Day Care Center. See also “Family Day Care Home”.

Domestic Violence Shelter. See “Emergency Shelters - Domestic Violence.” Drive-Through Restaurants. See “Restaurants - Drive Through” Drive-Through Facilities. Facilities where services and purchases of minor items may be obtained by motorists without leaving their vehicles. Examples of such facilities include drive-up bank teller windows, pharmacies, dry cleaners, coffee kiosks and other similar uses. Excludes “Drive-Through Restaurants”, which are defined separately.

Dwelling. See “Single-Family Dwelling”, “Multi-Family Dwelling”, “Accessory Dwelling Unit”, and “Urban Dwelling Unit”.

21.91.060. “E” DEFINITIONS
Electricity Generation and Storage Facilities. Solar farms, battery energy storage systems (BESS), and similar uses as a primary use. Does not include standard electrical transmission poles and lines, which are defined as “Public Utilities Facilities, Major or Minor”. Does not include solar panels or other accessory electrical generation that is accessory to an approved residential use.

Equestrian Facility. Commercial establishment for the maintenance, boarding, training, or competing of horses. May also include riding academies and schools, boarding stables, and exhibition facilities.

Equipment Rental. Outdoor storage of construction, special event, and similar equipment for rental together with incidental maintenance. Does not include outdoor storage without rental as a primary use.

Employee Housing - Small. Employee housing per Section 17021.5 of the California Health and Safety Code for 6 or fewer employees. See Employee Housing Act, Sections 17000 et seq. of the California Health and Safety Code.

Employee Housing - Large. Employee housing per Section 17021.6 of the California Health and Safety Code consisting of no more than 36 beds in a group quarters or 12 units or spaces designed for use by a single family or household. See Employee Housing Act, Sections 17000 et seq. of the California Health and Safety Code.

Emergency Shelter - General. Housing with minimal supportive services for homeless persons that is limited to occupancy of 180 days per calendar year or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. (California Health and Safety Code Section 50801(e).

Emergency Shelter - Domestic Violence. A residential facility serving as a center to receive and house persons who are victims of domestic violence, including dependents of the victim, to provide temporary boarding, lodging, counseling, and day care, limited to occupancy of 6 months or less.

Emergency Shelter - Low Barrier Navigation Center. A Housing First, low barrier, temporary, service-enriched shelter focused on helping homeless individuals and families to quickly obtain permanent housing. Low barrier

Article 9 Terms and Definitions
Paso Robles Zoning Code 9-6
includes best practices to reduce barriers to entry, such as allowing partners, pets, storage of personal items, and privacy. See California Government Code Section 65660.

21.91.070. “F” DEFINITIONS
Family Day Care Home. A day-care facility for children under the age of 18 for periods of fewer than 24 hours a day licensed by the State, which is located in a dwelling unit, where a resident of the dwelling provides care and supervision for 14 or fewer children (or capacity limits as set forth by the State, including children who reside at the home and are under the age of 10. See Health and Safety Code Section 1596.78. For larger and commercial facilities see “Day Care Center”.

Farmers’ Market. See “Certified Farmers Market and Year-Round Roadside Produce Stands”.

Financial Institutions. A bank, savings and loan, credit union, or other financial institution that provides retail banking services to individuals and businesses. These uses include only those institutions engaged in the on-site circulation of cash money. Does not include check cashing stores.

Food and Beverage Sales. Retail sales of food and beverages for off-site preparation and consumption including groceries, supermarkets, mini-marts, delis, liquor stores, specialty food stores.

Food and Kindred Products Processing. Facilities that cook, manufacture, package, label, or store food and related products including animal processing for consumption off site but do not provide products directly to a consumer. Uses do not include any retail components unless such retail sales are permitted in the applicable zoning district. This use classification excludes “Wineries, Breweries and Distilleries”, which is defined separately. See also “Industrial – Artisan” for small scale facilities that include onsite sales.

Food Truck. A vending vehicle selling food and/or beverages in an operable motorized coach or trailer with current Department of Motor Vehicles registration and a current food safety permit acceptable to the San Luis Obispo County Environmental Health Services Division.

Food Truck Court. An area designated for 2 or more food trucks to park for the purpose of selling food and beverages.

Fuel Sales. See “Vehicle Fuel Sales” and “Vehicle Charging Station”.

Funeral Services. An establishment primarily engaged in the provision of services involving the care, preparation, or disposition of human remains and conducting memorial services. Typical uses may include crematories, columbaria, mausoleums, mortuaries, funeral chapels, and funeral homes.

21.91.080. “G” DEFINITIONS
Garage, Automotive. See “Vehicle Services and Repair.”
Gasoline Service Station. See “Vehicle Fuel Sales and Accessory Service.” Government Buildings and Facilities. A building or structure owned, operated, or occupied by a governmental agency to provide a governmental service to the public; in some circumstances, government buildings and facilities may not be open to the public. Does not include government operated day cares, schools, hospitals and similar uses.

Article 9 Terms and Definitions
Paso Robles Zoning Code 9-7
Grazing, Temporary. The temporary use of animals for vegetation management typically for fire prevention, not exceeding 6 months in any year.

Group Care Homes. See “Residential Care Facilities – Limited”.

21.91.090. “H” DEFINITIONS
Home Occupation Business. The conduct of a business within a dwelling unit or residential site with the business activity being subordinate to the residential use of the property.

Homeless Shelter. See “Emergency Shelter”.

Hospital. See “Medical Services - Hospitals”.

Hot Springs/Resort Spa. Establishments providing health and beauty treatment through such means as built-in spas, steam baths, and saunas as a primary use. Does not include “Lodging”, which is defined separately.

Hotels and Motels. Any building or portion thereof containing 6 or more guest rooms rented for compensation for an occupancy period of 30 consecutive calendar days or less.

21.91.100. “I” DEFINITIONS
Industrial – Artisan. The small-scale (no more than 5,000 square feet) manufacture and/or processing of consumeroriented goods in a manner that does not produce noticeable odors, air emissions, or other environmental effects; that generates limited associated trucking activity; and includes retail sales of the goods produced on site. Includes activities such as jewelry making, art glass, ceramics, paintings, sculpture, small-scale woodworking, small-scale food production, and other maker spaces.

Industrial - Light. The manufacture and/or processing of consumer-oriented goods in a manner that does not produce noticeable odors, air emissions, or other environmental effects, and that has limited associated trucking activity. Light industries generally require limited amounts of raw materials to produce goods. Examples of light industries include, but are not limited to, the manufacture of electronic instruments, equipment, and appliances; pharmaceutical manufacturing; and production apparel manufacturing. Includes activities such as processing, fabrication, assembly, treatment, testing (e.g., laboratories), packaging, incidental office storage, and distribution of the parts or products.

Industrial - Heavy. The manufacture and/or processing of materials and goods utilizing large quantities of raw materials, and generally requiring high capitalization and production of large quantities of output. Heavy industry often sells output to other business users rather than consumers. Characteristics of heavy industry include, but are not limited to, heavy trucking activity, noise, emissions requiring federal or state environmental permits, use of large quantities of hazardous materials as defined the U.S. Environmental Protection Agency, and requirement for specialized permits from federal and state occupational health and safety agencies. Includes activities such as processing, fabrication, assembly, treatment, testing (e.g., laboratories), packaging, incidental office storage, and distribution of the parts or products This classification does not include “Recycling Collection Centers”, which is defined separately.

21.91.110. “J” DEFINITIONS
Junkyard. The use of more than 100 square feet of the area of any lot for the storage of junk, including scrap metals, salvage, or other scrap materials, or for the dismantling or wrecking of automobiles or other vehicles or machinery, whether for sale or storage.

Article 9 Terms and Definitions
Paso Robles Zoning Code 9-8

21.91.120. “K” DEFINITIONS
Kennel, Pet Boarding. The commercial provision of shelter/kenneling forof 4 or more dogs, cats, and other household animals, including activities associated with such shelter (e.g., feeding, exercising, grooming, and incidental medical care).

21.91.130. “L” DEFINITIONS
Living Groups. See Communal Housing.

Lodging. See “Bed and Breakfast Inn”, “Hotels and Motels”, “Recreation Vehicle Parks”, and “Rural Recreation and Camping.”
Low Barrier Navigation Center. See Emergency Shelter - Low Barrier Navigation Center.

21.91.140. “M” DEFINITIONS
Massage Parlor. See “Personal Services - Restricted.”
Medical Services - Clinic, Urgent Care. A facility other than a hospital where medical, mental health, surgical and other personal health services are provided on an outpatient basis. Examples include medical offices of 5 or more licenses practitioners and/or medical specialties, out-patient care facilities, urgent care facilities, and other allied health services. These facilities may also include incidental medical laboratories. Counseling services by other than medical doctors or psychiatrists are included under “Offices, Professional/Administrative” Medical Services - Doctor Office. A facility other than a hospital where medical, dental, mental health, surgical, paramedical tattooing accessory to a medical clinic, and/or other personal health care services are provided on an outpatient basis, and that accommodates no more than 4 licensed primary practitioners (for example, chiropractors, medical doctors, psychiatrists, etc., other than nursing staff) within an individual office suite. A facility with 5 or more licensed practitioners is instead classified under “Medical Services, Clinic, Urgent Care.” Medical Services - Hospitals. A facility providing medical, psychiatric, or surgical services for sick or injured persons primarily on an in-patient basis, and including accessory facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees, or visitors.

Mobile Home Park. A place, area, or tract of land for the long-term accommodation of 2 or more mobile homes, including habitation by households. This use does not include ‘Recreational Vehicle Parks’ or ‘Mobile Home Sales’ or ‘Vehicle Storage Lots’, which are defined separately.

Mobile Home Sales. The sale of new or used mobile, manufactured, or modular housing. Does not include the sale of recreational vehicles, which is included in ‘Vehicle Sales’, defined separately.

Multi-Family Dwelling. A building or portion thereof used and designed as a residence for 2 or more households living in separate dwelling units each with a kitchen. Types of multi-family residential dwellings include apartments, rowhouses, townhouses, flats, and senior housing developments.

Article 9 Terms and Definitions
Paso Robles Zoning Code 9-9

21.91.150. “N” DEFINITIONS
Nurseries and Garden Centers - Retail. Establishments primarily engaged in retailing nursery and garden products—such as trees, shrubs, plants, seeds, bulbs, and sod—that are predominantly grown elsewhere. These establishments may sell a limited amount of a product they grow themselves. Fertilizer and soil products are stored and sold in package form only. This classification includes wholesale and retail nurseries offering plants for sale. This classification also includes farm supply and feed stores, with products stored and solid in package form.

Nurseries and Garden Centers - Heavy Equipment. Establishments primarily engaged in retailing nursery and garden products in bulk (not packaged), including soil, fertilizer, hay, etc. This classification also includes farm supply and feed stores that deliver or provide fertilizer and soil products in bulk, nonpackaged form.

21.91.160. “O” DEFINITIONS
Office - Professional/Administrative. Offices of firms or organizations providing professional, executive, management, or administrative services, such as accounting, real estate agents, insurance agents, architectural, computer software design, engineering, graphic design, interior design, investment advisors and brokers, insurance offices, legal offices, real estate and mortgage offices and services, and tax preparation offices. This use classification excludes “Financial Institutions”, which is defined separately Outdoor Storage as an Accessory Use. Any materials, products, vehicles, equipment of supplies that are not totally enclosed within a building.

Outdoor Temporary and/or Seasonal Sales. The temporary outdoor use of property for retail sales for a specified duration of time including but not limited to Christmas tree and pumpkin sales.

21.91.170. “P” DEFINITIONS
Parking Facilities. A public or private space dedicated to accommodating vehicle parking stalls, backup area, driveways, and aisles and in which vehicle parking is the primary use of the site. Includes surface parking lots and parking structures/garages.

Personal Services - General. Establishments providing non-medical services to individual as a primary use.

Examples of these uses include barber and beauty shops, clothing, rental, dry cleaners, home electronics and small appliance repair, locksmiths, fortune tellers, pet grooming with no boarding, psychics, shoe repair shops, and tailors.

These uses may also include accessory retail sales of products related to the services provided.

Personal Services - Restricted. Personal services that may tend to have a potentially offensive effect upon surrounding areas and which may need to be dispersed to minimize their adverse impacts. Examples of these uses include check cashing stores, massage (licensed, therapeutic, non-sexual), and tanning salons. Does not include Tattoo Parlors, which are defined separately (see “Tattoo Parlor").

Professional Office. See Offices, Professional/Administrative.

Public Parks and Recreation Facilities. Non-commercial parks, playgrounds, recreation facilities, trails, wildlife preserves and related open spaces, playing fields, courts, gymnasiums, public swimming pools, picnic facilities, tennis courts, and public golf courses, botanical gardens, as well as related food concessions or community centers within the facilities, which are open to the public, maintained by a public entity, and intended for neighborhood or community use. Does not include “Commercial Recreation Facilities, Indoor” and “Commercial Recreation Facilities, Outdoor”, which are defined separately.

Article 9 Terms and Definitions
Paso Robles Zoning Code 9-10
Public Utilities Facilities - Minor. Facilities necessary to support established public utilities involving only minor structures, such as substations, pump stations, switching and relay boxes, transmission lines, poles, towers, and public underground water and sewer lines.

Public Utilities Facilities - Major. Electrical substations, generating plants, solid waste collection, including transfer stations and materials recovery facilities, solid waste treatment and disposal, water or wastewater treatment plants, and similar facilities of public agencies or public utilities.

21.91.180. “Q” DEFINITIONS
Reserved.

21.91.190. “R” DEFINITIONS
Recreational Vehicle Parks. Recreational areas operated and used as transient lodging and overnight stays for recreational vehicles for a period of 30 consecutive calendar days or less. Does not include “Mobile Home Parks”, which are defined separately.

Recycling Collection Centers. A facility used for the collection and temporary storage of empty beverage containers, aluminum, glass, paper or clothing or other items for recycling purposes conducted totally within an enclosed structure or container. The term does not include processing (except for “can banks” that crush cans as they are deposited), which is included in “Industrial, Heavy”, defined separately.

Religious Assembly Facility. See “Assembly Facility – Religious.” Residential Care Facilities. Facilities that are licensed by the State to provide permanent living accommodations and 24-hour primarily non-medical care and supervision for persons in need of personal services, supervision, or assistance with daily tasks. This classification includes facilities that are operated for profit as well as those operated by public or not-for-profit institutions. Does not include “Transitional Housing” and “Supportive Housing” which are defined separately.

Residential Care - General. A facility that is located in a residence and licensed by the State to provide care for more than 6 persons.

Residential Care - Limited. A facility that is located in a residence and licensed by the State to provide care for 6 or fewer persons.

Residential Care - Assisted Living. A facility that provides a combination of housing and supportive services for the elderly or functionally impaired, including personalized assistance, congregate dining, and recreational and social activities. Living accommodations are shared living quarters with or without separate kitchen or bathroom facilities for each room or unit. These facilities may include medical services. Examples include assisted living facilities, convalescent care, nursing homes, skilled nursing, retirement homes, and retirement communities. The residents in these facilities may require varying levels of assistance. Facilities with 6 or fewer persons are included in “Residential Care, Limited”, which is defined separately.

Resource Extraction. Removal (or mining) of resources from the land including the extraction of sand, gravel, clay, shale, limestone, or any other deposit for profit.

Restaurants. A facility where food is prepared and served on the premises, which may include the sales of alcoholic beverages for consumption on the premises at the same time as food is consumed. Takeout or delivery service may

Article 9 Terms and Definitions
Paso Robles Zoning Code 9-11
be provided. This use includes micro-breweries, where the sale and consumption of alcoholic beverages are accessory to on-site food service. This classification also includes catering businesses or bakeries that have a storefront retail component. Does not include “Cocktail Lounges and Bars”, “Commercial Kitchens”, “Tasting Rooms”, or “Restaurants - Drive-through”, which are defined separately.

Restaurants - Drive-through. A facility where food is prepared and served on the premises, and which also allows motorists to order and purchase food without leaving their vehicles.

Retail - General. The retail sale or rental of merchandise not specifically listed under another use classification. This classification includes department stores, and businesses retailing goods such as: clothing, furniture, pet supplies, hardware, toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies , medical supplies and equipment, pharmacies, electronic equipment, sporting goods, kitchen utensils, appliances, antiques, secondhand goods, art galleries, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, and new automotive parts and accessories (excluding vehicle service and installation). Does not include “Retail, Secondhand Goods with Donation Drop Off” or “Retail - Restricted", which are defined separately.

Retail - Restricted. Retail uses that may tend to have a potentially offensive effect upon surrounding areas and which may need to be dispersed to minimize their adverse impacts. Examples of these uses include tobacco/smoke/vape shops and pawn shops, but do not include adult businesses, which are regulated by Chapter

21.59 (Adult Business Uses), nor cannabis retail, which is regulated by Chapter 21.60 (Cannabis).

Retail - Secondhand Goods with Donation Drop Off. The retail sale of secondhand goods that also includes a donation drop-off on the same premises.

Roominghouse. See “Communal Housing”.

Rural Recreation and Camping. Includes dude and guest ranches; hunting and fishing clubs; recreational camps (including incidental RV camping, but not RV parks); group or organized camps and incidental seasonal camping areas without facilities. Does not include “Equestrian Facilities” including riding academies and schools, boarding stables, and exhibition facilities, which are defined separately.

RV Parks. See “Recreational Vehicle Parks”.

21.91.200. “S” DEFINITIONS
School - Business, Trade. Public or private post-secondary schools providing occupational or job skills training for specific occupations, including business and computer schools, trade schools and apprenticeship programs, management training, and technical training schools. Excludes personal instructional services such as music lessons and tutoring.

School - Private. Any private institution of learning, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education, including any preschool, kindergarten, elementary school, junior high school, senior high school, community or junior college, 4-year college or university, or any special institution of learning under the jurisdiction of the State Department of Education.

School - Public. Any public institution of learning, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education, including any preschool, kindergarten, elementary school, junior high school, senior high school, community or junior college, 4-year college or university, or any special institution of learning under the jurisdiction of the State Department of Education.

Article 9 Terms and Definitions
Paso Robles Zoning Code 9-12
Self-Service Petroleum Sales. See “Vehicle Fuel Sales and Accessory Services.” Self-Storage Facility. A facility divided into individual compartments offering enclosed storage with individual access for personal effects and household goods intended to be used principally to provide rental spaces to the general public, including mini-warehouses and mini-storage. This use excludes workshops, hobby shops, manufacturing, or commercial activity.

Senior Housing. Senior housing is a congregation of age-restricted "apartment-type" living units with kitchen facilities in each unit of which there is at least 1 occupant who is a minimum age of 55.

Sidewalk Vendor. A person who sells food or merchandise from a vending vehicle (including a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance), or from one’s person, upon a public sidewalk or City park consistent with Subsection 21.20.040.B and California Government Code Sections 51036 through 51039.

Single-Family Dwelling. A structure designed for occupancy by 1 household with only 1 indoor kitchen, which is not attached to other dwelling units, other than an accessory dwelling unit, and not located on a lot with commercial uses.

This definition also includes individual manufactured housing units installed on a foundation system pursuant to Health and Safety Code Section 18551.

Supportive Housing. Housing with no limit on length of stay that is occupied by the target population, and linked to on- or off-site services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community as defined by California Government Code Section 65582(f), as may be amended from time to time). A target population means persons with low incomes having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act (Welfare and Institutions [W&I] Code Section 4500) and may include—among other populations— adults, emancipated youth, families, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people. Supportive housing may be designed as a residential group living facility or as a regular residential use and includes both facilities that provide on-site and offsite services.

21.91.210. “T” DEFINITIONS
Tasting Room. An establishment that offers wine for the sampling or tasting of agricultural products grown, produced, or processed in the surrounding region. Tasting Rooms may include food sales as an accessory use. For uses that include manufacturing, see “Wineries, Breweries and Distilleries”, which is defined separately.

Tattoo Parlor. An establishment where the act of tattooing or body piercing of humans takes place. This includes tattooing or body piercing as a primary or accessory use. For permanent makeup and ear piercing as an accessory use, see “Personal Services”.

Temporary Uses. A use that is designed, operated, and occupies a site for a limited specified period of time.

Theater. An indoor facility where movies or live performances are shown for public entertainment.

Transit Facility. A facility or location with the primary purpose of transfer, loading, and unloading of passengers and baggage. May include facilities for the provision of passenger services such as ticketing, restrooms, lockers, waiting areas, passenger vehicle parking and bus bays, for layover parking, and interior bus cleaning and incidental repair.

Includes rail and bus terminals but does not include terminals serving airports, heliports, or spaceports.

Article 9 Terms and Definitions
Paso Robles Zoning Code 9-13
Transitional Housing. Buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than 6 months from the beginning of the program as defined by California Government Code Section 65582(h), as may be amended from time to time.

Truck Stop. Any establishment engaged in the maintenance, servicing, storage or repair of commercial vehicles or rendered including the dispensing of motor fuel or petroleum products directly into motor vehicles, the sale of accessories or equipment for trucks and similar commercial vehicles. A truck stop also may include overnight accommodation and restaurant facilities solely for the use of truck crews.

Truck Terminals. A building, structure or place where, for the purpose of a common carrier, trucks or transports are rented, leased, kept for hire, or stored, or parked for remuneration or from which trucks or transports are dispatched.

21.91.220. “U” DEFINITIONS
Urban Dwelling Unit. Dwelling unit accessory to a primary dwelling unit with complete kitchen and bathroom for 1 or more persons regulated by California Government Code Section 65852.21 and Chapter 21.65 (Urban Dwelling Units) of this code.

21.91.230. “V” DEFINITIONS
Vehicle Charging Station. An establishment engaged in the retail sale of electricity as a vehicle fuel as a primary use. Does not include accessory uses such as retail or food sales, vehicle repair services, sales of vehicle parts or equipment, or vehicle washing. Vehicle charging stations with accessory uses are defined as “Vehicle Fuel Sales and Accessory Service”. Does not include electric vehicle charging stations that are located within a parking area associated with and accessory to another allowed use.

Vehicle Fuel Sales and Accessory Service. An establishment engaged in the retail sale of vehicle fuels (gasoline, diesel fuel, compressed natural gas, or other fuels for motor vehicles are sold to the public on a retail or wholesale basis); or the retail sale of these fuels in combination with activities, such as providing minor vehicle repair services; selling automotive oils, replacement parts, and accessories; and/or accessory retail and grocery sales and automated vehicle washing. Does not include electric vehicle charging stations as a primary use, which are defined separately as “Vehicle Charging Station”. Does not include body and fender work or "heavy" repair of trucks or other motor vehicles (see “Vehicle Services and Repair”). Does not include electric vehicle charging stations that are located within a parking area associated with and accessory to another allowed use.

Vehicle Sales. A retail establishment selling new or used automobiles, motorcycles, recreational vehicles, trucks, boats, farm equipment, and similar vehicles, as well as any use that requires approval from the California Department of Motor Vehicles for vehicles displayed outdoors. May also include the sale, installation, and servicing of related equipment and parts incidental to vehicle dealerships.

Vehicle Services and Repair - Car Wash. See “Car Wash”.

Vehicle Services and Repair - Major Repair/Body Work. Major repair of automobiles, motorcycles, recreational vehicles, or trucks including light-duty trucks (i.e., gross vehicle weights of less than 10,000 pounds) and heavy-duty trucks (i.e., gross vehicle weights of more than 10,000 pounds). Examples of uses include full-service motor vehicle repair garages; body and fender shops; servicing of cooling and air conditioning, electrical, fuel and exhaust systems; wheel alignment and balancing; tire sales, service, and installation shops; shock absorber replacement; chassis

Article 9 Terms and Definitions
Paso Robles Zoning Code 9-14
lubrication; engine tune-ups; brake shops; machine shops, painting shops; towing services, and transmission shops.

Does not include vehicle dismantling or salvage and tire retreading or recapping.

Vehicle Services and Repair - Minor Repair/Maintenance. Minor repair and maintenance of automobiles, motorcycles, recreational vehicles, or light trucks, vans or similar size vehicles (i.e., vehicles that have gross vehicle weights less than 10,000 pounds) including detailing as an accessory use, installation of electronic equipment (e.g., alarms, audio equipment, etc.); relining and repairs; oil and air filter replacement; smog checks; and installation of window film, and similar accessory equipment.

Vehicle Rental and Accessory Services. Rental of automobiles, motorcycles, mopeds, motorized scooters, recreational vehicles, trucks, and similar vehicles and equipment powered by a motor, including on-site storage and incidental maintenance that does not require pneumatic lifts or tools.

Vehicle Storage Lots. The storage of operative or inoperative vehicles. These uses include storage of towed vehicles, impound yards, and storage lots for buses and recreational vehicles, but does not include vehicle dismantling or offsite parking, which are separately defined as “Parking Facilities”.

Veterinarian. Establishments where household animals receive medical and surgical treatment and may be temporarily boarded indoors in association with such medical or surgical treatment only. Does not include “Kennels, Pet Boarding”, which is defined separately.

21.91.240. “W” DEFINITIONS
Warehousing, Wholesale and Distribution. Facilities for indoor storage; distribution; or sale of goods to other firms for resale, business-to-business sales, and sales to individual consumers through mail or internet orders without sales to the public on-site or direct public access. This use normally operates from a warehouse or office having little or no display of merchandise and are not designed to solicit walk-in traffic. This classification excludes the storage of hazardous chemical, mineral, and explosive materials. Does not include personal storage (mini storage) facilities offered for rent or lease to the public ("Self Storage").

Wineries, Breweries, and Distilleries. An establishment, which as the primary use produces ales, beers, meads, hard ciders, wine, liquor and/or similar beverages on‐site. Also includes incidental sale of beverages for on-site and off-site consumption in keeping with the regulations of the Alcohol Beverage Control (ABC) and Bureau of Alcohol, Tobacco, and Firearms (ATF). Establishments may provide food service that is subordinate to the production and sale of alcoholic beverages.

Wireless Communication Facilities. Facilities that transmit and/or receive 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.

21.91.250. “X” DEFINITIONS
Reserved.

21.91.260. “Y” DEFINITIONS
Reserved.

21.91.270. “Z” DEFINITIONS
Reserved.

Article 9 Terms and Definitions
Paso Robles Zoning Code 9-15
CHAPTER 21.92. GENERAL DEFINITIONS

21.92.010. “A” DEFINITIONS
Abutting. Contiguous to and having district boundaries or lot lines in common (i.e., not separated by an alley, public or private right-of-way, street, easement, or waterway). See also “Adjacent.” Access. The place or way through which pedestrians and/or vehicles must have safe, adequate, and usable ingress and egress to a property.

Accessory Building. See “Structure, Accessory.”
Accessory Structure. See “Structure, Accessory.”
Accessory Use. See “Use, Accessory.

Adjacent. The condition of being near to or close to but not necessarily having a common dividing line. Two properties that are separated by an alley, public or private right-of-way public access easement, or creek, river, stream, or other natural or artificial waterway shall be considered as adjacent to one another. See also “Abutting”.

Adjoining. See “Abutting.”
Addition. Construction which extends or increases the building envelope.

Addition, Major. An addition equivalent to 10 percent or more of the existing building square footage or 10,000 sq. ft., whichever is greater.

Addition, Mid-Size. An addition equivalent to less than 10 percent of the existing building square footage or 10,000 square feet, whichever is greater.

Addition, Minor. An addition of less than 1,000 square feet that is not visible from the public right-of-way.

Agricultural Land. All real property located within the Agricultural Zoning District of the City currently used for agricultural operations, or upon which agricultural operations may in the future be established.

Agricultural Operations. Any agricultural activity, operation, facility, or appurtenances thereof, and shall include, but not be limited to, the cultivation and tillage of the soil, dairying, the production, cultivation, growing and harvesting of any agricultural commodity, including viticulture, apiculture or horticulture, the raising of livestock, fur bearing animals, fish or poultry, and any practices performed by a farmer or on a farm as incident to or in conjunction with those farming operations, including preparation for market, delivery to storage or to market, or delivery to carriers for transportation to market.

Alley. A low capacity thoroughfare with one shared lane and no parking lanes, designed and intended for service and/or secondary access purposes (the rural version of an alley is a ‘lane’).

Alter/Alteration. Any change, addition, or modification that changes the exterior architectural appearance or materials of a structure or object. Alteration includes changes in exterior surfaces, changes in materials, additions, remodels, demolitions, and relocation of buildings or structures, but excludes ordinary maintenance and repairs.

Article 9 Terms and Definitions
Paso Robles Zoning Code 9-16
Amend/Amendment. A change in the wording, context, or substance of this Zoning Code, or a change in the zone boundaries upon the zoning map which is a part of this Title, in the manner prescribed by the Zoning Code.

Ancillary. See “Accessory.”
Annex/Annexation. To incorporate a land area into an existing district or municipality, with a resulting change in the boundaries of the annexing jurisdiction.

Applicant. The person, partnership, corporation, or state or local government agency applying for a permit, certificate, zoning approval, or other entitlement.

Arcade. A Frontage Type where the facade is a colonnade on the ground floor that overlaps a walkway parallel to the front elevation of a building.

Articulation. The breaking up of a flat and uniform building façade by using recessed wall areas, indents, projections, changes in building materials, and detailed projecting features such as stoops, bay windows, awnings, canopies, and/or balconies.

Artificial Turf. A man-made material that simulates the appearance of live turf, organic turf, grass, sod, or lawn.

Attached, Structure. An addition to a building or two buildings shall be considered attached when they share a common roof structure or a common wall.

Awning. A sheet of canvas or other material attached to a structure, stretched on a frame (that does not have a post that is located on the ground), and used to keep the sun or rain off a storefront, window, doorway, or deck.

21.92.020. “B” DEFINITIONS
Balcony. A projecting platform on a building that is accessible from the building’s interior, is not accessible from the ground, and is not enclosed by walls on more than 3 sides.

Bay Window. A window or series of windows projecting from the outer wall of a building and forming a recess within.

Bedroom. 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.

Block. The aggregate of private lots, passages, common drives and, lanes, circumscribed by thoroughfares.

Block Frontage. See Frontage, Block.

Building. Any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods, or materials.

Building, Accessory. See Structure, Accessory.

Building, Main. See Structure, Primary.

Article 9 Terms and Definitions
Paso Robles Zoning Code 9-17
Building Code. Any ordinance or regulations of the City governing the type and method of construction of buildings and structures, including sign structures and any amendments thereto and any substitute therefor including, but not limited to, the California Building Code and other State-adopted uniform codes.

Building Footprint. See “Footprint.”
Building Height. See “Height.”
Building Official. The Building Official of the City of Paso Robles, or his or her designee.

Building Site. A parcel of land occupied or to be occupied by a primary structure and accessory structures together with such open spaces as are required by the terms of this Zoning Code and having its principal frontage on a street, road, highway, or waterway.

21.92.030. “C” DEFINITIONS
California Environmental Quality Act (CEQA). Public Resources Code §§21000, et seq. or any successor statute and regulations promulgated thereto (14 California Code of Regulations §§15000, et seq.) that require public agencies to document and consider the environmental effects of a proposed action before a decision.

Carport. An accessible and usable covered space enclosed on not more than 2 sides, designed, constructed, and maintained for the parking or storage of 1 or more motor vehicles.

Canopy. A sheet of flexible material, fabric, or membrane such as nylon, plastic, or other similar material that is supported by or attached to a frame having a location on the ground and made of fiberglass, metal, wood, or plastic or any other similar material, and generally used for the shielding or protection of vehicles or other equipment stored outside. Canopies include but are not limited to prefabricated canopies ready-made for simple assembly and canopies which are built, constructed, or composed of parts joined together in some definite manner. Canopies also include material that is supported by or attached to a natural feature, such as a tree. This definition excludes awnings attached to structures as defined in Section 21.92.010 (“Awnings”).

Canopy, Small. Canopy with a floor area of 120 square feet or less.

Canopy, Large. Canopy with a floor area of more than 120 square feet.

City. The City of Paso Robles.

City Council. The City Council of the City of Paso Robles.

Change of Use. The replacement of an existing use on a site, or any portion of a site, by a new use, or a change in the type of an existing use; does not include a change of ownership, tenancy, or management associated with a use for which the previous type of use will remain substantially unchanged.

Combining District. A zoning district in which the general zoning district regulations are combined with supplemental regulations and indicated on the Zoning Map, such as R-1, B-5.

Commercial Vehicle. Any vehicle (self-propelled and/or a towable trailer with equipment) that is used for the transportation of goods.

Commission. See “Planning Commission.”

Article 9 Terms and Definitions
Paso Robles Zoning Code 9-18
Community Development Director. The Community Development Director of the City of Paso Robles or his/her designee.

Community Development Department. The Community Development Department of the City of Paso Robles.

Compatible. That which is harmonious with and will not adversely affect surrounding buildings and/or uses.

Condition of Approval. A performance standard, required change in a project, environmental mitigation measure, or other requirement imposed by the review authority to alter or modify a project in any manner from the description in the application originally submitted for City approval.

Conditional Use. A use that is generally compatible with other uses permitted in a zoning district, but that requires individual review of its location, design, configuration, and intensity and density of use and structures, and may require the imposition of conditions pertinent thereto to ensure the appropriateness of the use at that location.

Conditionally Permitted. Allowed subject to approval of a Conditional Use Permit.

Conditional Use Permit. A discretionary permit that may be granted to provide for the accommodation of land uses with special site or design requirements, operating characteristics, or potential adverse effects on surroundings, which are not permitted as of right but which may be approved upon completion of a review process and, where necessary, the imposition of special conditions of approval by the Review Authority.

Cornice. A molded and projecting horizontal feature that crowns a façade.

County. The County of San Luis Obispo.

Courtyard. An open space, unobstructed from the ground to the sky, that is bounded on 2 or more sides by the walls of a building that is on the same lot.

Cooking Facilities. See “Kitchen.”

21.92.040. “D” DEFINITIONS
Deck. A platform, either freestanding or attached to a building, which is used for outdoor space. It typically extends from the façade of a building and is supported by pillars or posts but may be located on a flat portion of a building, such as a roof or setback. It is distinct from a "balcony" and "patio." Demolition. The destruction, dismantling or removal of a building or structure, or substantial portion of a building or structure so that it constitutes a demolition pursuant to the provisions of this Title.

Detached Accessory Structure. See “Structure, Accessory Detached.” Detailing. The cleaning and restoring of the exterior of a motor vehicle or mobile equipment, limited to minor washing, spot cleaning, touch-up coating, glass repair, and application of waxes, shines, and polishes. Excludes major washing of vehicles as performed in a car wash.

Density. The number of residential density units per acre of land (du/ac). Paragraph 21.41.080.A.2 (Fractional Density) allows for the use of fractional density units to provide additional dwelling units for multi-family housing.

When not specifically stated as density units, the term "unit(s)" shall mean dwelling units (each physical unit and not a fraction thereof). See also Section 21.41.080 (Determining Density) and the definition for “Dwelling Unit”.

Article 9 Terms and Definitions
Paso Robles Zoning Code 9-19
Developable Area. See Section 21.41.070 (Determining Developable Area).

Development. Any manmade change to improved or unimproved real estate including, but not limited to, the division of a parcel of land into 2 or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, expansion, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; and any use or extension of the use of land.

Development Agreement. An agreement between the City and a party with legal or equitable interest in the real property relating to the development of property in compliance with Chapter 21.12 (Development Agreements).

Development Plan. A discretionary development review process of major development projects. See Chapter 21.16 (Development Plans).

Development Review. See Chapter 21.15 (Development Review).

Development Standard. A site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an onsite open-space requirement, or a parking ratio that applies to a development pursuant to any ordinance, general plan element, specific plan, or other local condition, law, policy, resolution, or regulation.

Director. See “Community Development Director”.

District. See “Zoning District”.

Dormer. A vertical window that projects from a sloping roof, which may be gabled or hipped.

Driveway. An accessway that provides direct vehicular access for vehicles between a street and the parking or loading facilities located on an adjacent property.

Dwelling Unit. One or more rooms designed, occupied, or intended for occupancy as separate living quarters, with full cooking, sleeping, and bathroom facilities for the exclusive use of a single household. Includes manufactured homes. Excludes tents, cabins, boats, trailers, recreational vehicles, dormitories, labor camps, hotels, and motels.

See also “Single-Family Dwelling”, “Multi-Family Dwelling”, “Accessory Dwelling Unit”, “Urban Dwelling Unit”, “Manufactured Home”, and “Tiny Home.”

21.92.050. “E” DEFINITIONS
Easement. A portion of land created by grant or agreement for specific purpose; an easement is the right, privilege or interest which one party has in the land of another.

Effective Date. The date on which a permit or other approval becomes enforceable or otherwise takes effect, rather than the date it was signed or circulated.

Emergency. A sudden unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services.

Emergency Vehicle. A self-propelled vehicle or trailer used in the discharge of duties of public districts, agencies or departments, or privately-owned public utilities responsible for fire prevention and control, policing, sanitation, sewerage, drainage, levee maintenance, flood control, public utility lines, and all essential services.

Article 9 Terms and Definitions
Paso Robles Zoning Code 9-20
Environmental Impact Report (EIR). An Environmental Impact Report as required under the California Environmental Quality Act (CEQA).

Environmental Review. An evaluation process pursuant to CEQA to determine whether a proposed project may have a significant impact on the environment.

Erect. To build, construct, attach, hang, place, suspend, or affix to or upon any surface. Such term also includes the painting of wall signs.

21.92.060. “F” DEFINITIONS
Façade. Any exterior face or wall of a building.

Family. One or more persons, related or unrelated, living together as a single household in a dwelling unit.

Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.

Fence. Any horizontal or vertical structural device forming a physical barrier intended to separate properties, retain soil materials, and provide security; or as defined by the Building Official. Fences may also be walls, hedges, and screen plantings, or constructed from wood, mesh, metal, chain, brick, stakes of plastic or similar materials.

Flat Roof. See “Roof, Flat.”
Floor Area. The total horizontal area of all floors below the roof and within the outer surface of the walls of a building or other enclosed structure unless otherwise stipulated. See also Section 21.41.090 (Determining Floor Area).

Footprint. The area of the ground surface occupied by an existing or proposed structure, measured from exterior wall to exterior wall at the base of the structure.

Forecourt. Open area in front of a building’s entrance surrounded by walls on at least 3 sides.

Freestanding Solar Collectors (Photovoltaic Systems). A device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, or electrical energy. Includes freestanding carport solar canopies.

Front Setback. See “Setback, Front”.

Frontage, Block. All property fronting on 1 side of a block.

Frontage, Building. The architectural element of a building between the public right‐of‐way and the private property associated with the building entryway.“

21.92.070. “G” DEFINITIONS
Gable Roof. See “Roof, Gable.”

Article 9 Terms and Definitions
Paso Robles Zoning Code 9-21
Garage. An accessory structure or portion of a main structure, enclosed on 3 or more sides and containing accessible and usable enclosed space designed, constructed, and maintained for the parking and storage of 1 or more motor vehicles.

General Massing Break. See “Massing Break”.

General Plan. The General Plan of the City of Paso Robles.

Glare. The effect produced by a light source within the visual field that is sufficiently brighter than the level to which the eyes are adapted, such as to cause annoyance, discomfort, or loss of visual performance and ability.

Government Code. The Government Code of the State of California.

Grade. The location of the ground surface.

Gross Floor Area. See “Floor Area.”
Ground Floor. The first floor of a building other than a basement that is closest to finished grade.

Guest House. A detached accessory building located on the same parcel as the main building with no utilities metered separately from those furnished to the main building, having no kitchen facilities, not used as a separate dwelling unit, and used only by the household occupying the main building, or by temporary guests of such main building occupant without charge or valuable consideration for such use.

Guest Room. Any room or group of rooms used or intended to be used by a guest or single party of guests in a commercial lodging use. A guest room may include several sleeping rooms. A guest room includes at least 1 bathroom. Bedrooms are defined separately for short-term rentals (see Chapter 21.64 [Short-Term Rentals]) and Bed and Breakfast Inns (See Section 21.69.060 [Bed and Breakfast Inns]).

21.92.080. “H” DEFINITIONS
Habitable Space. Any structure, property, or space that is constructed for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. Does not include garages or similar accessory spaces. See also California Building Code.

Hardscape. Areas covered with impervious surfaces including but not limited to buildings, driveways, parking lots, patios, sidewalks.

Hazardous Materials. Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

Height. The vertical distance from a point on the ground below a structure to a point directly above. See also Section

21.41.040 (Measuring Height).

Hipped Roof. See “Roof, Hipped.”
Historic District. 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.

Article 9 Terms and Definitions
Paso Robles Zoning Code 9-22
Historic Landmark. 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).

Historic Resources. A building, structure, object, or site of scientific, aesthetic, educational, cultural, architectural, or historical significance to the property owner, city, region, state, or nation, which may be eligible for local designation for historic preservation by the City pursuant to the provisions of Chapter 21.62 (Historic Preservation) Historic Resources Inventory. A document containing a listing of 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 certain criteria as described in Chapter 21.62 (Historic Preservation).

Historic Signs. A sign of historical significance that meets certain conditions as described in Chapter 21.62 (Historic Preservation).

Home Occupation Permit. An administrative permit authorizing the operation of a specified home-based occupation in a particular location in compliance with the provisions of this Zoning Code and Chapter 21.21 (Home Occupation Permits).

Horizontal Wall Plane Variation. See “Wall Plane Variation, Horizontal.” Household. See “Family.”

21.92.090. “I” DEFINITIONS
Illegal Use. Any use of land or building that does not have the currently required permits, and was originally constructed and/or established without permits or approvals required for the use at the time it was brought into existence.

Improvement. An object affixed to the ground other than a structure.

Impervious Surface. Artificial structures—such as pavements (roads, sidewalks, driveways and parking lots, as well as industrial areas such as airports, ports and logistics and distribution centers) that are covered by impenetrable materials such as asphalt, concrete, brick, stone, etc.

Income Levels. Income levels for households whose gross incomes do not exceed the qualifying extremely low, very low, low, and moderate-income limits established in § 6932 of the California Code of Regulations, and amended periodically based on the U.S. Department of Housing and Urban Development (HUD) estimate based on the San Luis Obispo County median income levels by family size. These income limits are equivalent to the following:

Extremely Low Income Household. Under 30 percent of area median income, adjusted for household size appropriate for the unit.

Very Low Income Household. 30 to 50 percent of area median income, adjusted for household size appropriate for the unit.

Low Income Household. 50 to 80 percent of area median income, adjusted for household size appropriate for the unit.

Moderate Income Household. 80 to 120 percent of area median income, adjusted for household size appropriate for the unit.

Article 9 Terms and Definitions
Paso Robles Zoning Code 9-23

21.92.100. “J” DEFINITIONS
Reserved.

21.92.110. “K” DEFINITIONS
Kitchen. Food preparation areas that have a sink and an appliance for the heating and cooking of food.

21.92.120. “L” DEFINITIONS
Land Use. The purpose for which land or a structure is designed, arranged, intended, occupied, or maintained, including residential, commercial, industrial, etc.

Landscaping. The planting, configuration and maintenance of trees, ground cover, shrubbery, and other plant material, decorative natural and structural features (walls, fences, hedges, trellises, fountains, sculptures), earthpatterning and bedding materials, and other similar site improvements that serve an aesthetic or functional purpose.

Lintel. A horizontal element over an opening, often found spanning doors or windows. Lintels can be structural/load bearing or ornamental.

Lot. A parcel, tract, or area of land whose boundaries have been established by a legal instrument, such as a deed or map recorded with the County of San Luis Obispo, and which is recognized as a separate legal entity for purposes of transfer of Title, except public easements or rights-of-way. Lot types include the following:

Abutting Lot. A lot having a common property line, not separated by a public path or lane, private street, or easement to the subject lot.

Corner Lot. A lot situated at the intersection of 2 or more streets, or upon 2 parts of the same street forming an interior angle of less than 135 degrees.

Flag Lot. A lot in the approximate configuration of a flag pole or sign post, with the pole or post functioning primarily as an access way to the main body of the lot from the street of access.

Interior Lot. A lot other than a corner lot.

Reversed Corner Lot. A corner lot, corner lot whose street side lot line is substantially a continuation of the front lot line of a lot to its rear.

Through Lot. A lot having frontage on 2 parallel or approximately parallel streets.

Article 9 Terms and Definitions
Paso Robles Zoning Code 9-24
Figure 21.92.120-1: Lot Types
Lot Coverage. See Section 21.41.100 (Determining Lot Coverage).

Lot Depth. See Section 21.41.050 (Measuring Lot Width and Depth).

Lot Line. See “Property Line.”.

Lot Size. The area of a lot measured horizontally between bounding lot lines. Lot sizes do not include fee or easement dedications for public street purposes.

Lot Width. See Section 21.41.050 (Measuring Lot Width and Depth).

21.92.130. “M” DEFINITIONS
Major Addition. See “Addition, Major.”
Manufactured Home. A structure, transportable in 1 or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle". "Manufactured home" shall have the same definition as set forth in California Health and Safety Code Section 18007(a), as it may be amended from time to time.

Massing. The 3-dimensional bulk of a structure: height, width, and depth.

Massing Break. Recess/projection measured from the building footprint with minimum dimensions of 1 foot in depth by 3 feet in length by 8 feet in height.

Article 9 Terms and Definitions
Paso Robles Zoning Code 9-25
Mechanical Equipment. Equipment used to provide mechanical and/or plumbing functions, including, but not limited to, ventilation fans, heating, cooling and air conditioning equipment, generators, water heaters, cooling and air conditioning equipment, water heaters, spa and pool equipment and any other similar equipment.

Mid-size Addition. See “Addition, Mid-size.”
Mined lands. Includes the surface, subsurface, and groundwater of an area in which surface mining operations will be, are being, or have been conducted, including private ways and roads appurtenant to any such area, land excavations, workings, mining waste, and areas in which structures, facilities, equipment, machines, tools, or other materials or property which result from, or are used in, surface mining operations are located.

Minor Addition. See “Addition, Minor.”
Mixed-use. A development that has both commercial and residential land uses.

Mobile Home. A structure manufactured prior to June 15, 1976 that is designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the Vehicle Code. It does not include recreational vehicles or travel trailers. See "manufactured home" for mobile homes built after June 15, 1976. "Mobile home" shall have the same definition as set forth in Civil Code Section 798.3, as it may be amended from time to time.

Mobile Vendor. A vending vehicle that sells food or food products that may stand or park only at the request of a bona fide purchaser for a period of time not to exceed ten minutes at any one place. See Section 12.32.140 (Unlawful parking – Peddlers, vendors). Does not include “Sidewalk Vendors” or “Food Trucks”.

Motel. See “Hotels and Motels”.

Modification. A discretionary action to allow specified exceptions to specified development standards of this Zoning Code for the purpose of creating flexibility in implementing those standards to accommodate unique design approaches and to recognize unique physical conditions present on individual parcels. See Development Plan Modification (Section 21.16.020) and Site Plan Modification (Section 21.17.020).

Municipal Code. The City of Paso Robles Municipal Code.

Mural. Any work of visual art painted or applied directly on a wall, ceiling, or other large permanent surface. See also Chapter 21.63 (Murals).

21.92.140. “N” DEFINITIONS
Noise. Any sound that annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.

Nonconforming Building or Structure. A building or structure that was lawful when brought into existence, but because of subsequent amendment to this Title, or annexation into the City, could not be built because of restrictions on area, lot coverage, height, yards, setbacks, parking, design requirements, location on a lot, type or construction, or other similar requirements concerning the structure.

Nonconforming Lot. A legal parcel of land having less area, frontage, or dimensions than required in the zone in which it is located.

Article 9 Terms and Definitions
Paso Robles Zoning Code 9-26
Nonconforming Use. Any use of land or activity that was lawfully established and in compliance with all applicable ordinances and laws at the time such use was initiated but which, due to subsequently enacted ordinances or laws, no longer complies with the applicable regulations and standards for the zone in which the use is located.

Nuisance. The meaning ascribed to that term in California Civil Code Section 3479. California Civil Code Section 3479 reads, in part, as follows: "Anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the use of property, so as to interfere with the comfortable enjoyment of life or property is a nuisance."

21.92.150. “O” DEFINITIONS
On-Site. Located on the parcel that is the subject of discussion.

Open Space.

Open Space, Shared. The total land area within a residential development that is not individually owned nor dedicated for public use, and that is designed, intended, and reserved exclusively for the shared use of all the residents of the development and their guests.

Open Space, Private. Privately-owned or controlled outdoor space for use by a single unit's residents or a single business's workers or customers, accessible by secured access only.

Owner. A person or persons holding single or unified beneficial title to the property, including without limitation, the settlor of a grantor trust, a general partner, firm, or corporation.

21.92.160. “P” DEFINITIONS
Parcel. The basic unit of land entitlement. A designated area of land established by plat, subdivision, or otherwise legally defined and permitted to be used or built upon. See also “Lot.” Parking Area. A space dedicated to accommodate any parking and loading space/stalls, loading area, backup area, driveways, and aisles.

Parking, Bicycle. A covered or uncovered area equipped with a rack or racks designed and usable for the secure, temporary storage of bicycles.

Parking Facilities, Common. A parking facility that serves more than one use such that the shared use of the facility can be accomplished without limiting the ability of one use to occupy the facility to the detriment of the other.

Parking Space. Space within a parking area of a building exclusive of driveways, ramps, columns, office and work areas, for the temporary parking or storage of 1 automobile.

Parking, Tandem. An arrangement of parking spaces such that 1 or more spaces must be driven across to access another space or spaces.

Passenger Vehicle. As defined in the California Vehicle Code.

Patio Cover. A solid or open roof structure covering a patio, platform, or deck area, that is open on 2 sides or more for the purpose to be used by people.

Article 9 Terms and Definitions
Paso Robles Zoning Code 9-27
Permanent Makeup. 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.

Person. Any individual, firm, association, organization, partnership, business trust, company, or corporation.

Planning Commission. The Planning Commission of the City of Paso Robles.

Planning Division. The Planning Division of the Community Development Department of the City of Paso Robles.

Plot Plan. A ministerial development review process of minor details and development projects. See Chapter 21.18 (Plot Plans).

Porch. A Frontage Type where an entry door and corresponding landing area (entrance) are provided on the front elevation of a building on the ground floor. The landing area may be designed such that it creates a usable, but not required, space beyond that needed for entry. A porch can be recessed or projected, but must be covered.

Primary Dwelling Unit. Single-family dwelling(s) or multi-family dwellings that is (are) established on a property before an accessory dwelling unit or urban dwelling unit.

Primary Street. See “Street, Primary”.

Project. Any proposal for a new or changed use or for new construction, alteration, or enlargement of any structure that is subject to the provisions of this Title. This term includes, but is not limited to, any action that qualifies as a “project” as defined by the California Environmental Quality Act.

Property Line. The recorded boundary of a parcel of land.

Public Resources Code. The Public Resources Code of the State of California.

Public Works Director. The Public Works Director of the City of Paso Robles.

21.92.170. “Q” DEFINITIONS
Qualified Applicant. The property owner, the owner’s agent, or any person, corporation, partnership, or other legal entity that has a legal or equitable title to land that is the subject of a development proposal or is the holder of an option or contract to purchase such land, or otherwise has an enforceable proprietary interest in such land.

21.92.180. “R” DEFINITIONS
Rear Setback. See “Setback, Rear”.

Reasonable Accommodation. A request for a change or exception to the practices, rules, and standards for the development, siting, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. See Chapter 21.27 (Reasonable Accommodations).

Recreational Vehicle. Any trailer, camper, motor home, boat, or other vehicle designed and intended for traveling and recreational purposes. Does not include homemade tiny homes.

Article 9 Terms and Definitions
Paso Robles Zoning Code 9-28
Review Authority. The body or entity responsible for making decisions on zoning and related applications.

Right-of-Way. A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer, or other similar use.

Roof. The portion of a building or structure above walls or columns that shelters the floor area of the structure below.

Roof, Flat. A roof without any sloped sides, with a pitch of 10 degrees or less.

Roof, Gable. A roof with 2 slopes joining at a single ridge line and a gable at each end.

Roof, Hipped. A roof with 4 sloped sides. The sides meet at a ridge at the center of the roof. Two of the sides are trapezoidal in shape, while the remaining 2 sides are triangular, and thus meet the ridge at its endpoints.

Roof, Shed. A roof shape having only 1 sloping plane.

21.92.190. “S” DEFINITIONS
Secondary Street. See “Street, Secondary.”
Setback. The distance from which a structure, parking area, or other development feature must be separated from a prescribed lot line, easement, or other structure or development feature and as specified in the development regulations of each zoning district in the City. See also Section 21.41.120 (Determining Setbacks).

Front Setback. The minimum distance required between a structure and the front property line.

Side Setback. The minimum distance required between a structure and a side property line.

Street Side Setback. For a corner lot, the minimum distance required between a structure and a side property line that abuts a public right-of-way.

Rear Setback. The minimum distance required between a structure and the rear property line.

Article 9 Terms and Definitions
Paso Robles Zoning Code 9-29
Figure 21.92.190-1: Setback Types
Shed Roof. See “Roof, Shed.”
Side Setback. See “Setback, Side”.

Sign Permit. An administrative permit authorizing any sign, except those exempted per Section 21.52.030 (Signs Exempt from Permit Requirements), to be erected, moved, altered, replaced or reconstructed.

Site. A parcel, or group of contiguous parcels, that is proposed for development in accordance with the provisions of this Zoning Code and under single ownership or unified control.

Site Plan. A discretionary development review process of minor development projects. See Chapter 21.17 (Site Plans).

Soil. Naturally occurring superficial deposits overlying bedrock.

Slope, Average. See Section 21.41.060 (Determining Average Slope).

Slope, Existing. Slope prior to grading.

Specific Plan. A regulatory document prepared in compliance with California Government Code Section 65450 et seq. for the systematic implementation of the General Plan for a particular area, as specified in Chapter 21.14 (Specific Plans).

State. The State of California.

Street Side Setback. See “Setback, Street Side”.

Storefront. Storefront is a Frontage Type where a storefront, including entrance(s), is provided on the front elevation of a building on the ground floor. The storefront is generally level with the adjoining ground level.

Story. That portion of any building included between the surface of any floor and the surface of the next floor above it, and if there be no floor above it, then the space between such floor and the ceiling next above it.

Article 9 Terms and Definitions
Paso Robles Zoning Code 9-30
Street. A public right-of-way not including an alley.

Street, Primary. A primary street is identified as an arterial or collector in the General Plan; or for any corner parcels located at the intersection of 2 streets undesignated in the General Plan, the street with more lanes of traffic and/or higher traffic quantities.

Street, Secondary. A secondary street is undesignated in the General Plan Circulation Element; for any corner parcels located at the intersection of 2 streets undesignated in the General Plan, the street with fewer lanes of traffic and/or lower traffic quantities.

Stepback. The required or actual placement of a building a specified distance away from a road, property line, or other structure at a level above the first floor.

Structures. Anything constructed or erected that requires location on the ground or attachment to something having location on the ground, including swimming pools, but excluding driveways, sidewalks, patios, or parking spaces.

Structure, Attached Accessory. Attached accessory structures with a common wall or roof with the primary structure.

Structure, Detached Accessory. A structure that is accessory to dwellings, the use of which is incidental to the primary structure on the same parcel, including but not limited to detached garages, carports, workshops, art studios, greenhouses, gazebos, storage sheds, treehouses, shade structures, guest houses.

Also includes open, unroofed structures that are over 30 inches in height and are detached from and accessory to the primary structure on the site such as treehouses, play equipment, decks and trellises. See also “Canopy” and “Patio Cover.”
Structure, Primary. A building or structure in which the primary use of the parcel on which it is located is conducted.

Structure, Nonconforming. See “Nonconforming Building or Structure.” Swimming Pool. See Chapter 21.53 (Swimming Pools).

21.92.200. “T” DEFINITIONS
Temporary Use Permit. An administrative permit authorizing specific limited term uses in compliance with specified conditions and performance criteria specified in Chapter 21.20 (Temporary Use Permits).

Tenant. A person renting or leasing a housing unit or non-residential space.

Tiny Home. A small dwelling unit on a foundation with a minimum size of 150 square feet and no more than 400 square feet of habitable floor area.

Trailer. A vehicle with or without motor power, which is designed or used for hauling materials or vehicles, or for human habitation, office, or storage including camper, recreational vehicle, travel trailer. Does not include mobile homes.

Transient Occupancy. Lodging for the purpose of overnight accommodations for a period of not less than 1 night and not more than 30 consecutive days. Transient occupancies are subject to the transient occupancy tax requirements of Chapter 3.26 (Transient Occupancy Tax) of this code. Examples of transient occupancy

Article 9 Terms and Definitions
Paso Robles Zoning Code 9-31
accommodations include, but are not limited to: hotels, motels, vacation rentals, timeshare vacation clubs, villas, cottages, casitas, hostel, bed and breakfast inns.

Transparency. The ability of a building or structure to visually transmit light, allowing for a clear view of the interior or exterior spaces via doors and windows.

Turf. A densely planted grassy area characterized by frequent mowing and fertilization and/or watering, commonly used for lawns and playing fields.

21.92.210. “U” DEFINITIONS
Use. The purpose for which land or premises of a building thereon is designed, arranged, or intended or for which it is, or may be occupied or maintained.

Use, Accessory. A use that is customarily associated with, and is incidental and subordinate to, a primary use and located on the same parcel as a primary use.

Use, Permitted. Any use or structure that is allowed in a zone without a requirement for approval of a Conditional Use Permit, but subject to any restrictions applicable to that zoning district.

Use, Primary. A primary, principal, or dominant use established, or proposed to be established, on a parcel.

Use, Nonconforming. See “Nonconforming Use.”

21.92.220. “V” DEFINITIONS
Variance. An action granting exception to the development standards of this Zoning Code in cases where strict compliance would result in a unique hardship in compliance with Chapter 21.22 (Variances).

Vehicle. A device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved by human power.

Vending Vehicle. Any mobile cart, vehicle, wagon, trailer, or similar apparatus by which any person or property may be propelled or moved upon a sidewalk, street, or highway from which food, food products, or other retail items are sold, offered for sale, displayed, bartered, exchanged, or otherwise given. See also “Food Truck”, “Food Truck Court”, “Mobile Vendor”, and “Sidewalk Vendor”.

Vertical Wall Plane Variation. See “Wall Plane Variation, Vertical.”

21.92.230. “W” DEFINITIONS
Wall Plane Variation. Change in condition, character, or form of a continuous exterior wall, implemented through 1 or more options outlined in Paragraph 21.50.050.C.2 of Chapter 21.50 (Objective Design Standards for Mixed Use and Multi-Family Development). For vertical and horizontal differentiation, see “Wall Plane Variation, Horizontal” and “Wall Plane Variation, Vertical”.

Wall Plan Variation, Horizontal. A plane break or other articulation that is horizontally oriented (for example, longer than it is tall).

Article 9 Terms and Definitions
Paso Robles Zoning Code 9-32
Wall Plan Variation, Vertical. A plane break or other articulation that is vertically oriented (for example, taller than it is long).

Wet Bar. An area with running water, a sink, and a bar or serving counter, and may also include an undercounter or countertop refrigerator. The wet bar shall not include facilities for cooking.

21.92.240. “X” DEFINITIONS
Reserved.

21.92.250. “Y” DEFINITIONS
Yard. An open space on the same site as a structure, unoccupied and unobstructed from the ground upward, except as otherwise provided by this Zoning Code. A yard is not synonymous with a setback, but does include similar areas.

Yard, Front. A yard extending across the front of a parcel for its full width between the front property line and primary building.

Yard, Interior Side. A yard which does not abut a street.

Yard, Side. A yard extending from the front setback line to the rear setback line between the side property line and building line.

Yard, Street Side. A yard on a corner lot or reversed corner lot extending from the front setback line to the rear setback line between the side street property line and building line.

Yard, Rear. A yard extending across the rear of a parcel for its full width between the rear property line and primary building.

Figure 21.92.250-1: Yard Types

21.92.260. “Z” DEFINITIONS

Article 9 Terms and Definitions
Paso Robles Zoning Code 9-33
Zoning Administrator. The City of Paso Robles Zoning Administrator as appointed by the Community Development Director or his or her designee.

Zoning District. A portion of the City within which certain uses of land and buildings are permitted or prohibited and within which certain development standards are established for buildings, all as set forth and specified in this Title.

--.J......W.Jc::::J Special Conditions
Parcels
[::.J City Limits
Special Conditions Overlay Map Changes
Exhibit B
Special Conditions Overlays
D and E to be removed
Special Conditions Overlays
D and E to be removed

turd Creek
Hillside Overlay Map Changes
Wellsona Rd
Adobe Rd
0 e­
�
-

I I -- -C
I t o::
� • • - • • allliiif��r Rd._•• - • -�
. �
• l
I T
•
•
•
I
r·-' The Links jt
Vista delt
•
·-·
•
I
•
•
I
•
,·---
Paso Robles
Municipal
Airport
Hombre•
Bear.-..(@!,• J
I
--,
. � .,
t GJ C
Rd ,-� I Dry Cree\{ •
..
• • 5:.
.,
VI
VI
:i
�
"' LL
r·----- : ' .
' • • '""" I -- - .
..,...
0 e­
<
, •• l
....,,_---"""I
r··­
•
I
I
I
I
r.: j City Limits
"' -0
....
<O
�
'I,' - • -e"" I
f> (I>,._ ·•-·• l
� I t ·--­.,-c
0 C)
0-
Hlllsicfe
Development
�
Cl Hillside Development
Mill Rd
..
990ft
Linne Rd
� Feet
0 2,000 4,000 8,000
Exhibit C
Hillside Overlay to be
removed
Hillside Overlay to be
removed

Attachment 3
ORDINANCE NO. XXXX N.S.(B)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES ADOPTING AN AMENDMENT TO TITLE 2 ADMINISTRATION AND PERSONNEL (RZN 23-02)

AND FINDING THE ACTION EXEMPT FROM CEQA UNDER STATE CEQA GUIDELINES SECTIONS 15060(c)(2) AND (c)(3) AND 15061(B)(3)
WHEREAS, the City of El Paso de Robles, California (the “City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, the City is working on a comprehensive update to the Zoning Code (Title 21). Concurrent with that process, several clean-up items have been identified where Title 21 is referenced in other Titles of the Municipal Code; and
WHEREAS, various Titles of the Paso Robles Municipal Code have proposed amendments to facilitate the update to Title 21. Most of the proposed amendments are to correct code references that will be outdated if Title 21 is amended. More substantive changes are proposed in Titles 10 and 19. In Title 10, the review authority for oak tree removal permits would be changed so the Development Review Committee and Planning Commission could approve certain removals. Title 19 would be repealed and replaced with updated standards for billboards that have been consolidated from Title 21; and WHEREAS, on August 13, 2024, the Planning Commission held a public hearing for amendments to Title 21 and amendments to the Zoning Map including removing special conditions overlays D and E as well as removing of Hillside District Overlay, and on six successive votes of 6-0-1 (one Commissioner absent), recommended the City Council approve said amendments; and WHEREAS, on August 27, 2024, the Planning Commission held a public hearing for amendments to Municipal Code Titles 2, 3, 5, 7, 8, 9, 10, 12, 14, and 19, and on five successive votes of 5-0-2 (two Commissioners absent), recommended the City Council approve said amendments; and WHEREAS, the City Council finds that these updates to the Zoning Code, Zoning Map, and updates to Titles 2, 3, 5, 7, 8, 9, 10, 12, 14, 19, and 22 do not qualify as a project under the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines, § 15060, subd. (c)(2)-(3), and are exempt from CEQA under State CEQA Guidelines, § 15061(b)(3); and
WHEREAS, a duly noticed public hearing was conducted by the City Council on September 17, 2024, to consider the facts as presented in the staff report prepared for this Zoning Code update, Zoning Map amendments, and Municipal Code amendments, and to afford the public an opportunity to comment upon such items.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. All of the above recitals are true and correct and are incorporated herein by reference.

Section 2. Findings for Approval. Based on the facts and analysis presented to it, including all written and oral testimony, the City Council hereby finds and determines:

Attachment 3
a. RZN 23-02 is consistent with the following Goals and Policies of the General Plan:
 Land Use Element Policy LU-2B Action Item 1: By defining and implementing updated zoning standards through the amendments to Title 21 and the associated updates to Titles 2, 3, 5, 7, 8, 9, 10, 12, 14, 19, and 22, the City ensures that zoning regulations are not only up-to-date but also promote the enhancement and conformity of existing structures throughout the City.
 Housing Element Policy H-3.3: By updating the Zoning Code and Zoning Map, and the associated references throughout the Municipal Code, the proposed code updates ensure that the City remains current in recent legislation, particularly as it relates to housing, thereby helping remove and reduce governmental constraints while facilitating compliant and effective housing development throughout the City. b. The proposed Title amendments will not adversely impact the public health, safety, and welfare, because the proposed amendments are designed primarily for organizational purposes and to enhance clarity, consistency, and compliance with state and federal laws, thereby providing a more predictable and efficient regulatory framework for all community stakeholders. By establishing clearer standards and processes, this update to Title 2, in addition to Titles 3, 5, 7, 8, 9, 10, 12, 14, 19, and 22, in relation to proposed amendments to Title 21 helps protect public interests, facilitate responsible growth, and maintain the integrity of communities throughout the City. Moreover, the enhanced provisions relating to housing helps support the provision of adequate housing in the City of El Paso de Robles, which in turn contributes positively to the overall welfare of the City and its residents.

Section 3. The Council hereby adopts the language attached hereto as Exhibit A and incorporated herein by reference.

Section 4. Environmental Determination. The City Council finds that this Title amendment does not quality as a “project” under CEQA because the Title text amendments do not have the potential to result in either a direct or reasonably foreseeable indirect physical change in the environment. (See State CEQA Guidelines, § 15378 [defining “project”], § 15060(c)(2)-(3).) Alternatively, even if the Title text amendments did qualify as a project under CEQA, they are exempt from CEQA because it can be seen with certainty that there is no possibility that the Title text amendments may have a significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3).) Section 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance.

Section 6. Effective Date. This Ordinance shall be in full force and effect 30 days after its passage and adoption as provided by Government Code section 36397.

Section 7. Publication. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereof to be published at least five (5) days prior to the meeting at which the proposed Ordinance is to be adopted and shall post a certified copy of the proposed Ordinance in the Office of the City Clerk. Within fifteen (15) days of the adoption of the Ordinance, the City Clerk shall cause a summary of the Ordinance to be published, including the vote for and against the same, in accordance with Government Code Section 36937.

Attachment 3
INTRODUCED at a regular meeting of the City Council held on September 17, 2024, for first reading by the City Council of the City of El Paso de Robles, and adopted on the ___ day of ______, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

John R. Hamon, Jr., Mayor
ATTEST:

Melissa Boyer, City Clerk
Exhibit A – Text Amendments to Title 2 Administration and Personnel

Exhibit A
EXHIBIT A – PROPOSED TITLE 2 TEXT AMENDMENTS
Added text is shown as blue underline and deleted text is shown as red strikethrough.

Section 1. Section 2.20.070 shall be amended to read as follows:

2.20.070 - Duties and functions.

The planning commission shall perform the duties and have all of the rights, powers, and privileges specified and provided for in the Municipal Code (including, but not limited to, Title 11, Chapter 21.08, and Title 22) or by sState law. The functions of the planning commission, while not inclusive, shall be as follows:
(a)To prepare, or cause to be prepared, a general plan and appropriate attachments; (b)To prepare, or cause to be prepared, specific plans as may be necessary to implement the general plan; (c)To formulate and recommend policies and standards for development of land uses; (d)To perform authorized duties related to development review; (e)To annually review the capital improvement program of the city for consistencies with the general plan; and
(f)To perform such other functions as the city council may direct. (Ord. 720 N.S. (part), 1997)
(Ord. No. 1062 N.S., § 6, 10-16-2018)

Attachment 4
ORDINANCE NO. XXXX(C) N.S.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES ADOPTING AN AMENDMENT TO TITLES 3, 5, 9, 12, 14, AND 22 (RZN 23-02) AND FINDING THE ACTION EXEMPT FROM CEQA UNDER STATE CEQA GUIDELINES SECTIONS 15060(c)(2) AND (c)(3)AND 15061(B)(3)
WHEREAS, the City of El Paso de Robles, California (the “City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, the City is working on a comprehensive update to the Zoning Code (Title 21). Concurrent with that process, several clean-up items have been identified where Title 21 is referenced in other Titles of the Municipal Code; and
WHEREAS, various Titles of the Paso Robles Municipal Code have proposed amendments to facilitate the update to Title 21. Most of the proposed amendments are to correct code references that will be outdated if Title 21 is amended. More substantive changes are proposed in Titles 10 and 19. In Title 10, the review authority for oak tree removal permits would be changed so the Development Review Committee and Planning Commission could approve certain removals. Title 19 would be repealed and replaced with updated standards for billboards that have been consolidated from Title 21; and WHEREAS, on August 13, 2024, the Planning Commission held a public hearing for amendments to Title 21 and amendments to the Zoning Map including removing special conditions overlays D and E as well as removing of Hillside District Overlay, and on six successive votes of 6-0-1 (one Commissioner absent), recommended the City Council approve said amendments; and WHEREAS, on August 27, 2024, the Planning Commission held a public hearing for amendments to Municipal Code Titles 2, 3, 5, 7, 8, 9, 10, 12, 14, and 19, and on five successive votes of 5-0-2 (two Commissioners absent), recommended the City Council approve said amendments; and WHEREAS, the City Council finds that these updates to the Zoning Code, Zoning Map, and updates to Titles 2, 3, 5, 7, 8, 9, 10, 12, 14, 19, and 22 do not qualify as a project under the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines, § 15060, subd. (c)(2)-(3), and are exempt from CEQA under State CEQA Guidelines, § 15061(b)(3); and
WHEREAS, a duly noticed public hearing was conducted by the City Council on September 17, 2024, to consider the facts as presented in the staff report prepared for this Zoning Code update, Zoning Map amendments, and Municipal Code amendments, and to afford the public an opportunity to comment upon such items.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. All of the above recitals are true and correct and are incorporated herein by reference.

Section 2. Findings for Approval. Based on the facts and analysis presented to it, including all written and oral testimony, the City Council hereby finds and determines:

Attachment 4
a. RZN 23-02 is consistent with the following Goals and Policies of the General Plan:
 Land Use Element Policy LU-2B Action Item 1: By defining and implementing updated zoning standards through the amendments to Title 21 and the associated updates to Titles 2, 3, 5, 7, 8, 9, 10, 12, 14, 19, and 22, the City ensures that zoning regulations are not only up-to-date but also promote the enhancement and conformity of existing structures throughout the City.
 Housing Element Policy H-3.3: By updating the Zoning Code and Zoning Map, and the associated references throughout the Municipal Code, the proposed code updates ensure that the City remains current in recent legislation, particularly as it relates to housing, thereby helping remove and reduce governmental constraints while facilitating compliant and effective housing development throughout the City. b. The proposed Title amendments will not adversely impact the public health, safety, and welfare, because the proposed amendments are designed primarily for organizational purposes and to enhance clarity, consistency, and compliance with state and federal laws, thereby providing a more predictable and efficient regulatory framework for all community stakeholders. By establishing clearer standards and processes, this update to Titles 3, 5, 9, 12, 14, and 22, in addition to Titles 2, 7, 8, 10, and 19, in relation to proposed amendments to Title 21 helps protect public interests, facilitate responsible growth, and maintain the integrity of communities throughout the City. Moreover, the enhanced provisions relating to housing helps support the provision of adequate housing in the City of El Paso de Robles, which in turn contributes positively to the overall welfare of the City and its residents.

Section 3. The Council hereby adopts the language attached hereto as Exhibit A and incorporated herein by reference.

Section 4. Environmental Determination. The City Council finds that this Title amendment does not quality as a “project” under CEQA because the Title text amendments do not have the potential to result in either a direct or reasonably foreseeable indirect physical change in the environment. (See State CEQA Guidelines, § 15378 [defining “project”], § 15060(c)(2)-(3).) Alternatively, even if the Title text amendments did qualify as a project under CEQA, they are exempt from CEQA because it can be seen with certainty that there is no possibility that the Title text amendments may have a significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3).) Section 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance.

Section 6. Effective Date. This Ordinance shall be in full force and effect 30 days after its passage and adoption as provided by Government Code section 36397.

Section 7. Publication. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereof to be published at least five (5) days prior to the meeting at which the proposed Ordinance is to be adopted and shall post a certified copy of the proposed Ordinance in the Office of the City Clerk. Within fifteen (15) days of the adoption of the Ordinance, the City Clerk shall cause a summary of the Ordinance to be published, including the vote for and against the same, in accordance with Government Code Section 36937.

Attachment 4
INTRODUCED at a regular meeting of the City Council held on September 17, 2024, for first reading by the City Council of the City of El Paso de Robles, and adopted on the ___ day of ______, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

John R. Hamon, Jr., Mayor
ATTEST:

Melissa Boyer, City Clerk
Exhibit A – Text Amendments to Titles 3 (Revenue and Finance), 5 (Permits and Regulations), 9 (Public Safety), 12 (Vehicles and Traffic), 14 (Water and Sewers), and 22 (Subdivisions)

Exhibit A
EXHIBIT A – PROPOSED TITLE 3, 5, 9, 12, 14, AND 22 TEXT AMENDMENTS Added text is shown as blue underline and deleted text is shown as red strikethrough.

Section 1. Subsection 3.22.010.A shall be amended to read as follows:

3.22.010 - Imposition of tax.

A. Every person engaged in operating or otherwise conducting a cannabis business within the city, regardless of whether such business has a license or permit pursuant to Chapters 5.04, 21.3321.60, or any other provision of this Code, shall pay the following cannabis business tax:

1. Up to a maximum of twenty dollars per square foot of space utilized in connection with the cultivation of cannabis, subject to adjustment by the city council pursuant to Section 3.22.050.

2. Up to a maximum of ten cents for each one dollar of gross receipts, or a fractional part thereof, for cannabis delivery businesses and retailers, subject to adjustment by the city council pursuant to Section

3.22.050.

3. Up to a maximum of fifteen cents for each one dollar of gross receipts, or a fractional part thereof, for cannabis manufacturing, testing, and distribution businesses, subject to adjustment by the city council pursuant to Section 3.22.050.

4. Up to a maximum of ten cents for each one dollar of gross receipts, or a fractional part thereof, for cannabis retailers, subject to adjustment by the city council pursuant to Section 3.22.050.

Section 2. Section 3.22.060 shall be amended to read as follows:

3.22.060 - Payment of tax does not authorize illegal activity.

The payment of the tax required pursuant to this chapter shall not be construed as authorizing the conduct or continuance of any illegal business or of a legal business in an illegal manner. Nothing in this chapter implies or authorizes that any activity connected with the distribution or possession of cannabis is legal unless otherwise authorized and allowed in strict and full conformance to the provisions of this Code, including without limitation the provisions of Chapter 5.04 or 21.3321.60.

Section 3. Section 5.08.090 shall be amended to read as follows:

5.08.090 - Transfer and assignment.

Any transfer or assignment of any license shall be considered for all purposes in the same manner as a new application for a card room license in the city, and all the provisions of this chapter applicable to new and original applications shall apply. Pursuant to Chapter 21.32 section 21.16.200, card rooms are required to obtain a conditional use permit, which permit may be revoked if a transfer or assignment of any license under this chapter is transferred to another person or entity without the prior approval of the city council.

Section 4. Paragraph 9.06.030.B.9 shall be amended to read as follows:

Any condition that constitutes a visual blight. For purposes of this code, visual blight is any unreasonable or unlawful condition or use of real property, premises or of building exteriors which by reason of its appearance as viewed at ground level from the public right-of-way or from neighboring premises, is detrimental to the property of others or to the value of property of others, offensive to the senses, or reduces the aesthetic appearance of the neighborhood. The only exception is for wood and building materials being used or to be

Exhibit A
used for a project of repair or renovation for which a building permit has been obtained may be stored for such period of time as is reasonably necessary to expeditiously complete the project; Visual blight includes, but its not limited to, the keeping, storing, depositing, scattering over, or accumulation on the premises any of the following:
a. Lumber, junk, trash, debris, scrap metal, rubbish, packing materials, building materials; b. Abandoned, discarded or unused objects or equipment such as furniture, stoves, appliances, refrigerators, freezers, cans or containers, automotive parts and equipment; c. Abandoned, wrecked, disabled, dismantled or inoperative vehicles or parts thereof except inoperative vehicles that are not abandoned, are either registered or are certified as a non-operable vehicle pursuant to section 4604 of the California Vehicle Code, and are in an active state of renovation or restoration;
d. Any personal property, object, device, decoration, design, fence, structure, clothesline, landscaping or vegetation which is unsightly by reason of its condition or its inappropriate location; and e. Vehicles parked on any surface other than a "paved" surface as defined in Section 21.22.080(C) Paragraph 21.48.100.D.2 of the El Paso de Robles Municipal Code.

Section 5. Subsection 12.38.040.D shall be amended to read as follows:

D. Commercial motor vehicles, trailers and/or commercial equipment, if parked on private property, shall be parked upon improved and designated parking areas. Such commercial vehicle parking areas may be approved by the planning commission pursuant to the provisions of Title 21, Chapter 23 21.19 of the Municipal Code (use permits, etc. Conditional Use Permits and Administrative Use Permits). The use of such parking areas is limited to a period not to exceed four hours or such lesser period of time the vehicle operator is utilizing the services provided by the business use of the premise; unless that the commercial motor vehicle, trailer and/or commercial equipment is owned or operated by the commercial use on the private property upon which it is to be parked or that the commercial motor vehicle, trailer and/or commercial equipment is operated and parked by a registered transient guest of a motel or hotel and is parked within approved designated commercial vehicle parking areas upon the business premises or on a commercial or industrially zoned street within a three hundred foot radius of the business. Such commercial parking areas may be approved by the planning commission pursuant to the provisions of Title 21, Chapter 23 21.19 of the Municipal Code (use permits, etc. Conditional Use Permits and Administrative Use Permits).

Section 6. Title 14, Footnote (1) shall be amended to read as follows:

Note— Authority of director of public works—See § 2.36.010 of this code. Department salary scales—See §

2.44.090 of this code. Trailer camps—See Chapter 7.24 of this code. Discharge of waste water into streets— See Chapter 1.24 of this code. Dwelling erected near sewage disposal plant—See § 21.20.040 of this code.

Section 7. Subsection 22.16.170.A shall be amended to read as follows:

The subdivider shall file with the aforesaid agreement, to assure the subdivider's full and faithful performance thereof, a bond for such sum as is by the city engineer deemed sufficient to cover the cost of said improvements, engineering, inspection and incidental expenses. The subdivider shall also file with said

Exhibit A
agreement a labor and material payment bond for the security of material men and laborers in a sum equal to one-half of the cost of said improvements as estimated by the city engineer. Such bonds shall be executed by a surety company authorized to transact a surety business in the state and must be satisfactory to and approved by the city attorney as to form and by the city manager as to sufficiency. In lieu of said bonds, the subdivider may:

1. Deposit with the city treasurer cash money in an amount fixed as aforesaid by the city engineer; or

2. Any other form of security allowed under Government Code section 66499 of the Subdivision Map Act that the city engineer deems appropriate with approval by the city council, as security in lieu of deposit money or bonds; provided however, that a security interest in real property shall be limited to, exceptional circumstances, such as affordable housing projects, as defined in Section

21.61.020.A21.16L.020. If the security is other than a bond or bonds furnished by duly authorized corporate surety or cash money, an additional amount shall be included as determined by the city engineer and city attorney as necessary to cover the cost and reasonable expenses and fees, including reasonable attorneys' fees, which may be incurred by the city in successfully enforcing the obligation secured.

Section 8. Title 22, Footnote (1) shall be amended to read as follows:

Cross reference— Planning commission—See Ch. 2.20 of this code. School facilities fee/dedication—See Chs. 21.25—21.30 of this code.

State Law reference— Statutory provisions—See Government Code § 66410 et seq.

Section 9. Subparagraph 22.34.010.E.3.a(vi) shall be amended to read as follows:

Within a one-hundred-year flood hazard area, unless the site either:
(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 21.1480 of this Code.

Section 10. Subparagraph 22.34.010.E.10.a shall be amended to read as follows:

Quantity. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under Section 21.33.030 Chapter 21.16E of this Code, an ADU, or a JADU.

Section 11. Subparagraph 22.34.010.E.10.f(iii) shall be amended to read as follows:

Front Setback Area. Structures that are constructed after an urban lot split shall conform to the objective front setbacks listed in Table 21.33.030-1 21.16E.220 of this Code, and shall yield to the degree necessary to avoid physically precluding the construction of up to two units on a lot or either of the two units from being at least eight hundred square feet in floor area. The front setback area must:
(1) Be kept free from all structures greater than three feet in height; (2) Be landscaped consistent with the objective standards within Section 21.45.020 21.16E.340 of this Code;

Exhibit A
(3) Allow for vehicular and fire-safety access to the front structure in compliance with relevant city authorities, including city engineering standards, the California Fire Code and any local amendments, and applicable standards within this code.

Section 12. Subparagraph 22.34.010.E.15 shall be amended to read as follows:

Deed Restriction. The owner must record a deed restriction, acceptable to the city, that does each of the following:
a. Expressly prohibits any rental of any dwelling on the property for a period of less than thirty days. b. Expressly prohibits any non-residential use of the lots created by the urban lot split. c. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
d. States that:
(i) The lot is formed by an urban lot split and is therefore subject to the city's urban lot split regulations, including all applicable limits on dwelling size and development. (ii) )Development on the lot is limited to development of residential units under Section 21.33.030 Section 21.16E of this Code, except as otherwise provided or required by state law.

Attachment 5
ORDINANCE NO. XXXX N.S.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES ADOPTING AN AMENDMENT TO TITLE 7 HEALTH AND SANITATION (RZN 23-02) AND

FINDING THE ACTION EXEMPT FROM CEQA UNDER STATE CEQA GUIDELINES SECTIONS 15060(c)(2) AND (c)(3) AND 15061(B)(3)
WHEREAS, the City of El Paso de Robles, California (the “City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, the City is working on a comprehensive update to the Zoning Code (Title 21). Concurrent with that process, several clean-up items have been identified where Title 21 is referenced in other Titles of the Municipal Code; and
WHEREAS, various Titles of the Paso Robles Municipal Code have proposed amendments to facilitate the update to Title 21. Most of the proposed amendments are to correct code references that will be outdated if Title 21 is amended. More substantive changes are proposed in Titles 10 and 19. In Title 10, the review authority for oak tree removal permits would be changed so the Development Review Committee and Planning Commission could approve certain removals. Title 19 would be repealed and replaced with updated standards for billboards that have been consolidated from Title 21; and WHEREAS, on August 13, 2024, the Planning Commission held a public hearing for amendments to Title 21 and amendments to the Zoning Map including removing special conditions overlays D and E as well as removing of Hillside District Overlay, and on six successive votes of 6-0-1 (one Commissioner absent), recommended the City Council approve said amendments; and WHEREAS, on August 27, 2024, the Planning Commission held a public hearing for amendments to Municipal Code Titles 2, 3, 5, 7, 8, 9, 10, 12, 14, and 19, and on five successive votes of 5-0-2 (two Commissioners absent), recommended the City Council approve said amendments; and WHEREAS, the City Council finds that these updates to the Zoning Code, Zoning Map, and updates to Titles 2, 3, 5, 7, 8, 9, 10, 12, 14, 19, and 22 do not qualify as a project under the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines, § 15060, subd. (c)(2)-(3), and are exempt from CEQA under State CEQA Guidelines, § 15061(b)(3); and
WHEREAS, a duly noticed public hearing was conducted by the City Council on September 17, 2024, to consider the facts as presented in the staff report prepared for this Zoning Code update, Zoning Map amendments, and Municipal Code amendments, and to afford the public an opportunity to comment upon such items.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. All of the above recitals are true and correct and are incorporated herein by reference.

Section 2. Findings for Approval. Based on the facts and analysis presented to it, including all written and oral testimony, the City Council hereby finds and determines:

Attachment 5
a. RZN 23-02 is consistent with the following Goals and Policies of the General Plan:
 Land Use Element Policy LU-2B Action Item 1: By defining and implementing updated zoning standards through the amendments to Title 21 and the associated updates to Titles 2, 3, 5, 7, 8, 9, 10, 12, 14, 19, and 22, the City ensures that zoning regulations are not only up-to-date but also promote the enhancement and conformity of existing structures throughout the City.
 Housing Element Policy H-3.3: By updating the Zoning Code and Zoning Map, and the associated references throughout the Municipal Code, the proposed code updates ensure that the City remains current in recent legislation, particularly as it relates to housing, thereby helping remove and reduce governmental constraints while facilitating compliant and effective housing development throughout the City. b. The proposed Title amendments will not adversely impact the public health, safety, and welfare, because the proposed amendments are designed primarily for organizational purposes and to enhance clarity, consistency, and compliance with state and federal laws, thereby providing a more predictable and efficient regulatory framework for all community stakeholders. By establishing clearer standards and processes, this update to Title 7, in addition to Titles 2, 3, 5, 8, 9, 10, 12, 14, 19, and 22, in relation to proposed amendments to Title 21 helps protect public interests, facilitate responsible growth, and maintain the integrity of communities throughout the City. Moreover, the enhanced provisions relating to housing helps support the provision of adequate housing in the City of El Paso de Robles, which in turn contributes positively to the overall welfare of the City and its residents.

Section 3. The Council hereby adopts the language attached hereto as Exhibit A, and incorporated herein by reference.

Section 4. Environmental Determination. The City Council finds that this Title amendment does not quality as a “project” under CEQA because the Title text amendments do not have the potential to result in either a direct or reasonably foreseeable indirect physical change in the environment. (See State CEQA Guidelines, § 15378 [defining “project”], § 15060(c)(2)-(3).) Alternatively, even if the Title text amendments did qualify as a project under CEQA, they are exempt from CEQA because it can be seen with certainty that there is no possibility that the Title text amendments may have a significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3).) Section 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance.

Section 6. Effective Date. This Ordinance shall be in full force and effect 30 days after its passage and adoption as provided by Government Code section 36397.

Section 7. Publication. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereof to be published at least five (5) days prior to the meeting at which the proposed Ordinance is to be adopted and shall post a certified copy of the proposed Ordinance in the Office of the City Clerk. Within fifteen (15) days of the adoption of the Ordinance, the City Clerk shall cause a summary of the Ordinance to be published, including the vote for and against the same, in accordance with Government Code Section 36937.

Attachment 5
INTRODUCED at a regular meeting of the City Council held on September 17, 2024, for first reading by the City Council of the City of El Paso de Robles, and adopted on the ___ day of ______, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

John R. Hamon, Jr., Mayor
ATTEST:

Melissa Boyer, City Clerk
Exhibit A – Text Amendments to Title 7 Health and Sanitation

Exhibit A
EXHIBIT A – PROPOSED TITLE 7 TEXT AMENDMENTS
Added text is shown as blue underline and deleted text is shown as red strikethrough.

Section 1. Chapter 7.24 of the Paso Robles Municipal Code, Mobilehomes and Mobilehome Parks, is hereby repealed in its entirety.

Chapter 7.24 - MOBILEHOMES AND MOBILEHOME PARKS[3]
Footnotes:
--- (3) ---
Cross reference— Zoning—See § 21.08.330 of this code. Business licenses—See § 5.04.320 of this code.

7.24.010 - General provisions.

This chapter shall be known and may be referred to as the "City of El Paso de Robles Mobilehomes and Mobilehome Parks Ordinance."
(Ord. 300 N.S. (part), 1968)

7.24.020 - Purpose and scope.

The purpose of this chapter is to supplement the provisions of the Mobilehomes and Mobilehome Park Act of the state of California, as found in the California Health and Safety Code, Division 13, Part 2, and in the California Administrative Code, Title 8, Chapter 9.
(Ord. 300 N.S. (part), 1968)

7.24.030 - Definitions.
(a) "Mobilehome park" as used in this chapter means mobilehome parks, travel trailer parks, recreation trailer parks, temporary trailer parks and tent camps, as defined in Section 18000 et seq. of the Health and Safety Code, Division 13, Part 2, Mobilehomes and Mobilehome Parks Act of the state of California.
(b) "Mobilehome" as used in this chapter means a vehicle other than a motor vehicle designed for and generally used for permanent type occupancy as distinguished from a recreational type trailer.
(Ord. 300 N.S. part; October 21, 1968)

7.24.040 - Mobilehome parks approval by the planning commission.

It is the intent of this section to describe the requirements imposed by the planning commission when they approve the use of property for purposes of a mobilehome park. (a) Submission of development plans:
(1) Number of prints and fee:

Five prints of the mobilehome park development plan, accurately drawn to scale, showing the property to be developed, together with a filing fee of twenty-five dollars shall be submitted to the secretary to the planning commission. The secretary to the planning

Exhibit A
commission shall have the right to reject plans showing inaccurate or insufficient information.

The secretary shall submit the development plan to the planning commission. (2) Size and scale of prints:

The prints of the development plan shall be on paper eighteen inches by twenty-seven inches in size unless a larger size sheet is needed, but in no case larger than twenty-four inches by thirty-six inches. A scale no smaller than one inch equals one hundred feet shall be used to portray the development proposed.
(3) Information to be shown on maps:
(A) A key or location map on which shall be shown the general area including adjacent property, subdivision and roads,
(B) The mobilehome park name, date, north point, scale and sufficient description to define the location and boundaries of the proposed mobilehome park,
(C) Name and address of record owner or owners,
(D) Name and business address of the person who prepared the map, (E) Acreage of the proposed mobilehome park,
(F) Contour lines indicating topography of mobilehome park site, (G) Location of all areas subject to inundation or storm water overflow and the location, width and direction of flow of all watercourses, (H) Proposed plan for drainage, showing direction of flow and improvements. (I) The names and widths of all public streets that touch the proposed mobilehome park site,
(J) Indicate, number and dimension all mobilehome spaces and show an enlarged detail of each typical space,
(K) The location, width and type of construction of all roadways within the proposed mobilehome park (include detail of a typical street cross-section), (L) Locations of all mobilehome park buildings and proposed use of each,(M)All areas to be landscaped,
(N) Laundry facilities, drying yard areas, disposal areas and service yards, (O) Fences and other improvements, and an indication of materials to be used, (P) Indicate location, size and height of all on- site signs, (Q) Indicate all points of ingress and egress to the mobilehome park to and from public roads and direction of traffic of all one-way streets, (R) Indicate location and size of fire hydrants.
(4) Developers statement:

A statement shall be presented by the developer in written form accompanying the map and shall contain the following information:
(A) Existing use or uses of the property,
(B) Proposed use of the property,
(C) Number of acres in proposed development,
(D) Number of sites proposed,
(E) Provision for proposed sewage and sewage disposal,
(F) Provision for proposed water supply,
(G) If proposed, type of street lighting.